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HomeMy WebLinkAboutCouncil Actions 10-19-98HUDSON 34050 Co ROANOKE CITY CO UNCIL SALEM CITY COUNCIL October 19, 1998 12:15 p.m. THE JEFFERSON CENTER FRALIN ATRIUM 541 Luck Avenue, S. W. Roanoke, Virginia AGENDA CALL TO ORDER-- ROLL CALL. All Present. Roanoke City Council Salem City Council WELCOME: C. Nelson Harris, Vice-Mayor City of Roanoke INVOCATION AND LUNCH D. OPENING REMARKS: go Vice-Mayor C. Nelson Harris Mayor Carl E. Tarpley, Jr. REQUESTS TO ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS: F. DISCUSSION ITEMS: 0 Habitat for Humanity. (Mayor Bowers) Briefing on the Regional Fire/EMS Training Center. (Mr. Herbert) Briefing on the Higher Education Center. (Mr. Herbert) Update on regional sewage treatment facilities. (Mr. Kiser) G. COMMENTS: Members of Roanoke City Council. Members of the Salem City Council. H. RECESS: At 1:30 p.m., the Vice-Mayor declared the meeting of Roanoke City Council in recess to be reconvened at 2:00 p.m., in the City Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia. ADJOURN: City Council of the City of Salem. 2 ROANOKE CITY CO UNCIL REGULAR SESSION October 19, 1998 2:00p.~ CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. All Present. The Invocation was delivered by Bishop Milton Lewis Hardy, Sr., Pastor, Prayer Temple Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. 3 Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, October 22, 1998, 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. o CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 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 for Council to convene in File #132 Executive Session. 4 C-2 C-3 C4 A report of the City Manager recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the request of the Mekose/Rugby Neighborhood Forum to obtain tax-exempt status from the General Assembly of Vir~nia on certain real property located in the City of Roanoke. RECOMMENDED ACTION: File #79-137-165 Concur in recommendation to schedule a public hearing for Monday, November 16, 1998, at 7:00 p.m. A report of the City Manager recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the request of the Blue Ridge Housing Development Corporation to obtain tax-exempt status from the General Assembly of Virginia on certa_in real property located in the City of Roanoke. RECOMMENDED ACTION: File #79-137-178 Concur in recommendation to schedule a public hearing for Monday, November 16, 1998, at 7:00 p.m. Qnalification of the following persons: D. Bailey Tyler as a member of the Roanoke Arts Commission for a term ending June 30, 2000; File #15-110-230 Dawn W. Spaulding as a member of the Youth Services Citizen Board for a term ending May 31, 2000; and File #15-110-304 Harriet Lewis as a member of the Vir~nia Western Community College Board of Directors for a term ending June 30, 2002. File #15-110-467 RECOMMENDED ACTION: Receive and file. 5 REGULAR AGENDA 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Briefing with regard to activities of the Mayor's Committee for People with Disabilities during the past year. Christene A. Montgomery, President. (5 minutes) Received and filed. The Mayor requested a status report on the City's compliance at the Roanoke Civic Center with the Americans With Disabilities Act. Council Member Wyatt suggested that the City Manager review the matter of providing training to those businesses locating in the City's Enterprise Zones to insure that buildings are accessible to persons with disabilities. File #110-353 Remarks with regard to the recent establishment of the Photo-Portrait Gallery of Roanoke's State Governmental Leaders, and a revisit of the McClanahan Cemetery Project. Jack B. Coulter, Spokesperson. (5 minutes) Received and f'ded. File #397-524 Briefing with regard to the Southern Region Educational Board. Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools. (10 minutes) Received and f'ded. File #467 0 0 PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting appropriations to certain school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 34050-101998. (7-0) File #60-467 REPORTS OF OFFICERS: ao CITY MANAGER: t3.,g.ITg~I~: None. ITEMS RECOMMF, NDED FOR ACTION: 1. A report recommending appropriation of $350,000.00 for environmental studies, legal services, consultant and expert fees in connection with environmental issues at the Public Works Service Center. Adopted Ordinance No. 34051-101998. (7-0) File #60-183 A report recommending execution of Change Order No. 3, in the amount of $52,317.00, to the City's contract with Danis Environmental Industries, Inc., for upgrade and expan.qion of the Water Pollution Control Plant. Adopted Ordinance No. 34052-101998. (7-0) File #27-60-468 ge A report recommending appropriation of funds from the current year Capital Maintenance and Equipment Replacement Program. Adopted Ordinance No. 34053-101998. (7-0) Regina Ii. Vassar, 1117 Floyd Avenue, S. W., expressed concern with regard to the City's policy for replacing trees on City property. The matter was referred to the Director of Public Works for appropriate response. File 0600217-240-472 A report recommending appropriation of grant funds, in the mount of $529,139.00, for the Fif~ District Employment and Training Consortium. Adopted Ordinance No. 34054-101998. (7-0) File #60-236-246 bo CITY ATTORNEY: 1.(a) A report of the City Attorney transmitting measures amending the Employees' Supplemental Retirement System in order to increase the multiplier used to calculate benefits from 2.0 percent to 2.1 percent of average final compensation for each year of creditable service, effective January 1, 1999; and providing for a new window of oppo~mity for City employees to tran.qfer from the Employees' Retirement System to the Employees' Supplemental Retirement System. Adopted Ordinance No. 34055 on first reading (~-2) (Council Members Swain and White voted no); and Ordinance No. 34056 on first reading. (6-1) (Council Member White voted nO). File #600184-429 8 A report of the Director of Finance recommending a new window of opportunity fi.om December 1 through December 31, 1998, for City employees to voluntarily transfer fi.om the Employees' Retirement System to the Employees' Supplemental Retirement System. Received and fried. File #184-429 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Re Ordinance No. 34037, on second reading, granting a license to permit an encroachment of a 5,000 sq. ft. commercial building over an existing sewer line and easement located on the property commonly known as 4803 William.qon Road, N. W., and beating Official Tax No. 2170128, upon certain terms and conditions. Adopted Ordinance No. 3403%101998 on second rending. (7-0) File #27-28-468 bo Ordinance No. 34038, on second reading, granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on the property commonly knOwn as 218 Twenty- third Street, S. W., and bearing Official Tax No. 1051501, upon certain terms and conditions. Adopted Ordinance No. 34038-101998 on second rending. (7-0) File #2%28-468 9 Ordinance No. 34039, on second reading, releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public fight-of-way in connection with the Peters Creek Road Extension Project, subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. Adopted Ordinance No. 340:}9-101998 on second reading. (7-0) File #20-67-77-468 Ordinance No. 34041, on second reading, declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. Adopted Ordinance No. 34041-101998 on second reading. (7-0) File #44-468 Ordinance No. 34044, on second reading, amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days af~er the billing date and a penalty often percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, and providing for an effective date thereof. Adopted Ordinance No. 34044-101998 on second reading. (7-0) File #24-27-468 Ordinance No. 34045, on second reading, amending Section 2.178.1, Interest rates on overdue accounts, of Article vm, Finance Generally, of Chapter 2,~ ofthe Code ofthe City of Roanoke (1979), as amended, by excluding water and sewer accounts from having an interest charge imposed and by changing the reference from Section 15.1 to Section 15.2 of the Code of Virginia, and providing for an effective date. Adopted Ordinance No. 34045-101998 on second reading. (7-0) File #24-27-468 l0 0 MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor and Members of City Council. Council Member Wyatt referred to photographs that were placed on the Council dais prior to the meeting with regard to certain alleged violations of City ordinances. She requested that the City Manager investigate the concerns and report to Council accordingly. File 0104-132 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (7-0) David M. Prince was appointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2000; and Ramey A. Bower, Sr., John W Brown, Jr., Robert IC Bengtson and Carroll E. Swain were reappointed as members of the City of Roanoke Transportation Safety Commission for terms ending October 31, 2002. File #15-110-316 Dennis R. Cronk was reappointed as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 2002. File #15-110-207 At 4:18 p.m., the meeting was declared in recess until 7:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION October 19, 1998 7:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order - Roll Call. All present~ The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. q3 AO PUBLIC HEARINGS: Public hearing on the request of the City of Roanoke Redevelopment and Housing Authority, that a tract of land located on the east side of Kimball Avenue, lq. E., bearing Official Tax No. 3010101, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 34057 on first reading. (7-0) File #51 Public hearing on the request of the City of Roanoke Redevelopment and Housing Authority, that a portion of McDowell Avenue, N. E., as the same lies and extends from Kimball Avenue between Official Tax Nos. 3030101 and 3030201, to a dead end at the Norfolk and Western Railway right-of-way, be permanently vacated, discontinued and closed. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 34058 on first reading. (7-0) File #514 e Public hearing on the request of Gordon M. and Helen Jones that an undeveloped alley running parallel to 19th Street, N. E., between 1910 and 1912 Eastgate Avenue, Official Tax lqos 3341031 and 3341032, respectively, be permanently vacated, discontinued and closed. Gordon M. and Helen Jones, Spokespersons. Adopted Ordinance No. 34059 on first reading. (7-0) File #514 Public hearing on the request of lnnotech, Inc., that a portion of Femdale Drive, N. W., bounded on the west by property of the City of Roanoke, identified as Official Tax Nos. 6460103, and on the north and east by Official Tax Nos. 6460101 and 6460106, be permanently vacated, discontinued and closed. Donald L. Wetherington, Attorney. Adopted Ordinance No. 34060 on first reading. (7-0) File #514 14 Public heating on the request of Irmotech, Inc., that two tracts of land at or near the northern terminus of Ferndale Drive, N. W., and abutting the western boundary of Interstate Route 581, designated as Official Tax Nos. 6460101 and 6460106, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District. Donald L. Wetherington, Attorney. Adopted Ordinance No. 34061 on first reading. (7-0) File #51 Public hearing on the request ofRIA, LLC, that a tract of land located on the west side of Hollins Road, N. E., being an approximately 9.5 acre portion of Official Tax No. 3140301, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Michael K. Smeltzer, Attorney. (See cornrmmication from Mr. Smeltzer requesting that the matter be tabled until Monday, November 16, 1998, at 7:00 p.m.) The. matter was tabled until the regular meeting of Council on Monday, November 16, 1998, at 7:00 p.m., in the City Council Chamber. File #51 Public hearing on the proposal of the City of Roanoke to convey an easement across City owned property identified by Official Tax No. 1370201, located in Fishbum Park to Bell Atlantic - Vir~nia, Inc., for the purpose of relocating its underground conduit in connection with the Brambleton Avenue Bridge Project. W. Robert Herbert, City Manager. Adopted Ordinance No. 34062 on first rending. (7-0) File #262-386 BO OTHER HEARING OF CITIZENS: 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 BACK TO COUNCIL. 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 October 19, 1998 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, David ^. Bowers Mayor DAB:se I~fy F. Parker, CMCIAAE Cay Ck~rk CITY OF ROANOKE Office of the City Clerk October 21, 1998 File #79-137-178 · lndm H. Eakin D~puty C~y C~rk W. Roben Herbert City Manager Roanoke, V'u'~inia Dear Mr. Herbert: Your report recommending that a public hearing be scheduled for Monday, November 16, 1998, at 7:00 p.m., to consider the request of Blue Ridge Housing Development Corporation to obtain tax- exempt status from the General Assembly of Vir~nia on certain real property located in the City of Roanoke, was before the Council of the City of Roanoke at a resular meeting which was held on Monday, October 19, 1998. On motion, duly seconded and unanimously adopted, Council concurred in the recommendation and scheduled a public hearing to be held on Monday, November 16, 1998, at 7:00 p.m., in the City Council Chamber. It will be necessary for a representative of Blue Ridge Housing Development Corporation to be present at the November 16 public headn~ to respond to questions. Ml~:lo pc: sincerely, Mary F. Parker, CMC/AAE City Clerk Alvin Nash, President, Blue Ridge Housing Development Corporation, 145 Campbell AVenue, S. W., Roanoke, Xfirginia 24011 N:~CKLOIV~GENDAg~OCT19.WPD W. Robert Herbert October 21, 1998 Page 2 pc: pbillip F. Sparks, Chief, Economic Development Lisa J. F~., Economic Development Specialist Gladys L. Yates, Assistant City Attorney October 19, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Council Members: Please schedule a public hearing for Monday, November 16, 1998, at 7:00 PM to discuss the request for tax-exempt status for the Blue Ridge Housing Development Corporation. Respectfully submitted, W. Robert Herbert City 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 October 21, 1998 File #15-110-230 Brook E. Dickson, Chair Roanoke Arts Commission 523 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Dickson: This is to advise you that on October 5, 1998, D. Bailey Tyler qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Lanell Otey, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk H:V~.,ENDA~8~OCT10.WPO '98 ,,.q,?,[-7 A8:29 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, D. Bailey Tyler, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~'~ d~ay of~:~'~~'~ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AGENDAgS~SEP21.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 October 21, 1998 File # 15-110-304 Thomas M. Winn, II 2615 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Winn: This is to advise you that on October 7, 1998, Dawn W. Spaulding qualified as a member of the Youth Services Citizen Board for a term ending May 31, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board Sandra H. Eakin, Deputy City Clerk H:~.GEN~6~OCT19.WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dawn W. Spaulding, 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 Youth Services Citizen Board for a term ending May 31, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this 7 day of _~' ;(-~1~/1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AGENDAgS~AUG3.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 'Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk October 21, 1998 File #15-110-467 Dr. Charles L. Downs, Secretary Virginia Western Community College Board P. O. Box 14007 Roanoke, Virginia 24038-4007 Dear Mr. Downs; This is to advise you that on October 15, 1998, Harriet Lewis qualified as a member of the Virginia Western Community College Board of Directors for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harriet Lewis, 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 Virginia Westem Community College Board of Directors for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this/--'5 day of ~) - 1998. ARTHUR B. CRUSH, III, CLERK ~¥ ~ , DEPUTY CLERK C:~JULY20.WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE Cay Ck~rk ~andm H. Eakin Deputy City Clerk October 21, 1998 File #110-353 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: An annual report of the Mayor's Committee for People with Disabilities, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. On motion, duly seconded and unanimously adopted, the annual report was received and filed. The Mayor requested a status report on the City's compliance at the Roanoke Civic Center with requirements of the Americans With Disabilities ACt. Council Member Wyatt suggested that you review the matter of providing 'training assistance to those businesses locating in the City's Enterprise Zones to insure that buildings are accessible to persons with disabilities. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Christene A. Montgomery, President, Mayor's Committee for People with DiSabilities, 622A Walnut Avenue, S. W., Roanoke, Virginia 24016 H:~AGENI~gsYDCTlg.~ W. Robert Herbert October 21, 1998 Page 2 pc: Kit B. Kiser, Director, Roanoke Civic Center James M. Evans, Manager, Roanoke Civic Center Phillip F. Sparks, Chief, Economic Development Lisa J. Fain, Economic Development Specialist H:~,kG END.'W~OCT~ g. WI~O MAYOR'S COMMITT v; FOR PEOPLE WITH DI i:LiTms °~'-~ ,'~.~ 11 P4:43 August 31, 1998 Mary F. Parker, CMC/AAE City Clerk, City of Roanoke 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011-1536 Dear Ms. Parker: The Steering Committee of the Mayor's Committee for People with Disabilities has selected me to report to Mayor Bowers and the City Council on our committee's activities for the year. Mayor Bowers has suggested that the report be made in October since it is Disability Employment Awareness Month. I am not familiar with the procedure to accomplish this and would appreciate any help you can give so that I may fulfill this obligation. If there is additional information needed, my telephone number is 342-0326. Sincerely, for People with Disabilities Room 456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 (540) 853-2541 MAYOR'S COMMITTEEi FOR PEOPLE WITH DISA i ' S October 19, 1998 '98 12 :53 Good afternoon Mayor Bowers, Members of City Council and fellow Roanokers. Thank you for this opportunity to report on the activities of the Mayor's Committee for People with Disabilities. For those of you who may not be familiar with our committee: The Mayor's Committee for People with Disabilities is a non- profit group of citizens and business leaders, with and without disabilities, from Roanoke City, Roanoke County, and Salem who advocate for the rights of persons with disabilities. In our membership, we have valley-wide participation from businesses and citizens and are working toward valley-wide participation from local governments. We were originally formed in the late 1960s as the Mayor's Committee for the Employment of the Handicapped. This was done at the request of the Virginia Employment Commission due to a directive from the President's Committee for the Employment of the Handicapped through the Governor's Committee. During the mid-1970s our committee had a line item in the City budget and received donations which were appropriated by the City Council to this line item. The City provided the Committee with a secretary and treasurer. Through the years things have changed. We are now provided a secretary for our general membership quarterly meeting by the City. The secretary produces our general membership minutes and processes our meeting notices. For any other expenses we find funding before we do the project. The general membership meeting is open to anyone with an interest in disability issues; and, provides an opportunity to discuss in an open forum the concerns of citizens with disabilities. These meetings are held quarterly on the third Thursday of March, June, September, and December. Our programs are educational and about current concerns. The next meeting, December 17th at High Street Baptist Church, we will be discussing sensitivity training for employers and employees. Our program will provide information on awareness and understanding. We feel this is a topic that should be included in all employee orientation programs. Our Steering Committee, which includes the past presidents, the current president, the president- elect and the chairs of our sub-committees and hopefully representatives from local governments is our decision making body. Our steering committee quarterly meetings are held on the third Thursday of January, April, July, and October. In 1991 a pamphlet describing the Mayor's Committee was printed and distributed in the Roanoke Valley. We are in the process of updating this description to reflect the changes to our committee since that time which include the name being changed to the Mayor's Committee for People with Disabilities and the telephone number at the city clerk's office now being an 853 exchange. We are also in the process of updating our guidelines to a better reflect our current description and goals. Some people have the misconception that the Americans with Disabilities Act solved all our problems and that the Disability Services Boards should replace the Mayor's Committees. Until all meetings--of all organizations, committees, and any other groups responsible for the rules and regulations that govern our lives-- are open to the public there is no group that can replace the Mayor's Committee. In the past two years we have received better recognition by the City and the recent appointment by City Council of Mr. Carroll Swain as a representative on our committee is very much appreciated. We value Mr. Swain. He is supportive of our efforts, our steering committee, and especially helpful in our general membership meetings. Mr. Duane Howard, from our Special Projects Sub-Committee, has prepared a written report on some of our concerns for you to review. (Questions, comments, read names of sub-committees chairs if time.) Thank you again for your support of our efforts. We invite everyone to our general membership meeting. MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES DUTIES OF THE SECRETARY June 4, 1998 Record accurate minutes of the general membership meeting which is held quarterly on the third Thursday of March, June, September, and December. Type the minutes in an approved format, photocopy for distribution to attendees at the next general membership meeting, and distribute to all attendees at the meeting. Maintain the mailing list for the general membership mailing which contains the name of individual member or prospective member, business affiliation, address, and telephone number. A copy of the mailing list is provided to the president and/or Steering Committee members on request. Prepare the sign-in sheet prior to each meeting and distribute at the beginning of the meeting for attendees to sign. The sign-in sheet should have four columns with headers as followers: NAME ORGANIZATION MAILING ADDRESS PHONE NO. If requested, provide a photocopy of the sign-in sheet to the president of the committee after each meeting. If requested, provide a photocopy of the sign-in sheet to the chair of the Membership Sub-Committee. Check the sign-in sheet after each general membership meeting for new names and adds these names to the mailing list. Anyone not attending three consecutive meetings is to be removed from the mailing list after the approval of the president and the chairperson of the Membership Sub- Committee. Type the general membership meeting notice for each quarterly meeting per approved format, sign the president's name if requested to do so, photocopy, and mail to each name on the mailing list. Prepare and mail the Steering Committee meeting notices quarterly to the Steering Committee members. Prepare and mail certain special announcements for specific events as required. Any such special mailing will be only for events approved by the Steering Committee and requested by the president of the Mayor's Committee for People with Disabilities. 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 October 21, 1998 File #397-524 SANDRA H. EAKIN Deputy City Clerk Mr. Jack B. Coulter P. O. Box 1299 Roanoke, Virginia 24006 Dear Mr. Coulter: Your remarks with regard to a more permanent Solution for the McClanahan Cemetery Project, were before the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. On motion, duly seconded and unanimously adopted, the matter was received and filed. Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney N:~.,I(LO1~AGENDAgB~DCT1 g. WI=O '98 i'?-3 Pt :4.2 Jack B. Coulter P.O. Box 1299 Roanoke, VA 24006 November 2, 1998 The Honorable David A. Bowers Mayor, city of Roanoke 215 Church Avenue, Room 452 Roanoke, VA 24011-1594 Re: McClanahan Cemetery Project Dear Mayor Bowers: Thank you for sending me a copy of your letter of October 27, 1998, addressed to your associates on City Council. The Rev. Roy S. Whitescarver has succeeded me as Chairman of the McClanahan Cemetery Project. He can be reached by telephone at 992-5275. His address is 3938 Rachel Drive, Roanoke, VA 24019. I have been asked to serve the Committee as a "consultant" so please continue to send me copies of all correspondence relative to this project. In talking to Mr. Dibling on Friday, October 30th I did not understand that he had undertaken any policy decision as to whether or not the City should accept title to "the property". Bear in mind, if you will, that the deeds offered to the City are not to the % acre McClanahan Cemetery, but only to property that would relieve the Cemetery of its land-locked status, and in the process: create a mini-park that would certainly beautify the area. Please compare what is being asked of Council with the Harkrader Mini-Park across from WDBJ's headquarters at Towers. This valuable site with an appraised value of $62,300 is owned by the City, and given rent-free in honor of a most deserving citizen- -but the precedent is clear. Note also that the posted sign claims the area as a City Park. As to the objections raised by Claudia Whitworth, they run totally counter to the wishes of the Loudon-Melrose Neighborhood Partnership, so I am told by its President Lynsey Martin. He also tells me that Ms. Whitworth, though her offices are located within the boundaries of this Neighborhood Partnership, has never been to a Neighborhood Meeting, nor supported it in any way. She was not authorized to speak for this neighborhood, he further insists--nor Mayor David A. Bowers Page 2 November 2, 1998 was Mr. Jefferies. Even so, Rev. Whitescarver advises that she may now be supportive of at least clearing out the eye-sore. In any and all events, however, please call for a recorded vote on how each member of Council wishes to dispose of this serious and significant request with or without any Monument to Slaves. The deeds have been delivered. If they are to be returned as unaccepted for reasons of policy, the grantors of these gifts are at least entitled to the courtesy of a public explanation. JBC/bcm Enclosure: As Stated Herein Sincerely, Jack ~. Coulter Members of Council W. Robert Herbert, City Manager Mary Parker, City Clerk Wilburn C. Dibling, City Attorney Rev. Roy S. Whitescarver, Chairman, McClanahan Cemetery Project Lynsey Martin, President, Loudon-Melrose Neighborhood Partnership Andy Roberts (for the Horton Heirs) Deborah Oehlschlaeger (for Bashka, L.L.C., grantors of the $7,500 lot) COULTER &: COULTER A, TTO1;INEYS AT LA'e; ROANOKE. VA This instrument is exempt from the State recordation tax under the provisions of § 58.1-811(3) of the COde of Virginia. THIS QUITCLAIM DEED AND DEED OF GIFT, made and entered into this 1st day of October, 1998, by and between NATALIE R. LEMON (Formerly NATALIE R. FOSTER) and MARY R. W_~, by her Attorney-in-Fact, ANDREW L. ~, III, parties of the first part, Grantors, and the CITY OF ROANOKE, party of the second part, Grantees. WITNESSETH THAT WHEREAS, the City of Roanoke claims that Susie G. Horton, died intestate, seized and possessed of the hereinafter described tract or parcel of land leaving as her sole heirs at law two children, namely Mary R. Waynick and Natalie R. Foster (now Lemon), as shown by affidavit recorded in the office of The Clerk of The Circuit Court of the City of Roanoke, Virginia in Will Book 38, Page 553. BUT, WHEREAS, the said Natalie R. Lemon and Mary R. Waynick dispute said claim of ownership, asserting that the entire 21,400 square feet of the hereinafter described property, including the one-quarter acre or 10,890 square feet originally reserved in the deed dated 9 December 1825 and recorded in the Clerk's office of the Circuit Court of Botetourt County, Virginia, in Deed Book 9, Page 388 as the McClanahan Cemetery, was accepted by the City in the 1930s as evidenced by the entire 21,400 square feet being so identified by hatch marks around the entire area as shown on the City of Roanoke Real Estate Tax Land Maps; and WHEREAS, in further support of the claim of Natalie R. Lemon and Mary R. Waynick that the entire 21,400 square feet was COULTER &: COULTER ATTOHNEY$ AT LAW ROANOKE, VA dedicated and accepted by the City of Roanoke as the "McClanahan Cemetery Perpetual Reserve," the City ceased assessing real estate taxes on said property in the early 1930s, discontinuing such assessment that had been imposed since 1901; but NO~E~R~.RSS, however, in an effort to clarify the ownership of the hereinafter described property, which was incidentally granted with only a special warranty of title in the deed dated 1 March 1901, recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 127, page 220 to Susie G. Horton, the said Natalie R. Lemon and Mary R. Waynick, the heirs of the said Susie G. Horton, wish and intend by this deed to give and quitclaim all right, title and interest in and to said property to the City of Roanoke. NOW, ~EREFORE, in consideration of the sum of ONE DOLLAR ($1.00) cash in hand paid, the receipt of which is hereby acknowledged by the parties of the first part, and the relief of real estate taxes which has only recently been reassessed after a sixty-five (65) year respite, the said parties of the first part, Grantors, do hereby Give, Grant, Convey and Quitclaim with Special Warranty of Title unto the said City of Roanoke, party of the second part, Grantees, any and all right, title and interest in and to the following described real estate, to-wit: The northerly portions of Lots 9 and 10, Block 102, Melrose Land Company, containing 21,400 square feet and having an average width of 100 feet and an average depth of 226 feet and being identified as Official Tax Number 2322214., but subject to the McClanahan Cemetery; and 2 COULTER & COULTER ATTORNEYS AT LAW HOANOKE.%'A Being part of the same property conveyed to Susie G. Horton by Deed dated 1 March 1901 and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 122, Page 220 and inherited by her two children, the grantors herein, under the Will of the said Susie G. Horton recorded in the aforesaid Clerk's Office in Will Book 38, Page 553. WITNESS the following signatures and seals, Mary R. Waynick so executing this deed by her true and lawful Attorney-in- Fact granted by a General Power of Attorney, dated August 30, 1995, to the said Andrew L. Roberts, III. NATALIE R. LEMON (Formerly Natalie R. Foster) ~~ (SEAL~ MARY R. WAYNICK By ANDREW L. ROBERTS, III her Attorney-in-Fact STATE OF VIRGINIA CITY OF ROANOKE, TO-WIT: Foster). Taken, subscribed and sworn to before me this' /8 day of , 1998 by Natalie R. Lemon (formerly Natalie R. Notary Public My Commission Expires: 3 COULTER & COULTER STATE OF VIRGINIA CITY OF ROANOKE, TO-WIT: Taken, subscribed and sworn to before me this /9~ day of ~_~ , 1998 by Mary R. Waynick, by Andrew L. Roberts, III, her true and lawful Attorney-in-Fact as granted by the Power of Attorney executed by My Commission Expires: her date August 30, 199~. / fiotary' Public 4 TAX MAP NO. 2322215 PLUNKETT & OEHLSCHLAEGER etc Roanoke, VA Prepared by: Plunkett & Oehlschlaeger PLC 305 First Street, S.W., Suite 300 Roanoke, Virginia 24011 THIS QUIT-CLAIM DEED, made and entered into this the 14th day of October, 1998, by and between BASHKA. L.L.C., formerly known as BASHKA. L.P., Grantor, and the CITY OF ROANOKE, Virginia, Grantee. EXEMPT FROM RECORDATION TAXES UNDER SECTION 58.1-811(A) (3) OF THE CODE OF VIRGINIA, AS AMENDED. WHEREAS, Bashka, L.P. is the owner of record of the hereinafter described real estate; and WHEREAS, on February 3, 1994, Bashka, L.P. converted to a limited liability company pursuant to Section 13.1-1010.1 of the Code of Virginia, as amended, and is now known as Bashka, L.L.C. NOW, THEREFORE, IN CONSIDERATION of the premises the Grantor does hereby quit-claim and convey unto the Grantee, all of its interest in that certain lot or parcel of land lying and being in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: Lot'#9, Section #102, Map of Melrose as shown on a Plat Showing Property of Bashka, L.P. prepared by Lumsden Associates, P.C. and dated July 23, 1992, said plat being recorded in the Clerk's Office of the Circuit Court for the City of Roanoke in Map Book 1, Page 1161; and -1- PLUNKETT & OEHLSCHLAEGER vtc Roanoke, VA BEING a part of the property conveyed to Bashka, L.P., a Virginia limited partnership, converted to Baskka, L.L.C., by Dickerson GMC Truck-Peterbilt, Inc., a Delaware corporation by deed dated August 27, 1992, and recorded in the aforesaid Clerk's Office in Deed Book 1665, Page 820. This deed is made subject to all easements, restrictions, reservations and conditions of record affecting the property herein conveyed. WITNESS the following ~nature and seal: Leman Dudley, Managing Member of Bashka,%L.L.C. (SW.A~) STATE OF VIRGINIA CITY/COUNTY OF ROANOKE The foregoing instrument was acknowledged before me this /~day of October, 1998, by Leman Dudley, Managing Member of Bashka, L.L.C. My commission expires: Notary Public -2- 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 October 27, 1998 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Please review the enclosed series of correspondence from Jack B. Coulter and others regarding the McClanahan Cemetery. Although I believe that Mr. Dibling has advised us correctly that the City should not accept title to the property, I nonetheless believe that the City can play a role in the property. Please advise me as to any responses you would like for me to pass along to Judge Coulter. Sincerely, Mayor DAB: jsj Enclosure pc: Judge Jack B. Coulter, (Ret.), Post Office Box 1299, Roanoke, Virginia 24006 W. Robert Herbert, City Manager M ilburn C. Dibling, City Attorney ary F. Parker, City Clerk Jack B. Coulter P.O. Box 1299 Roanoke, VA 24006 October 21, 1998 The Honorable David A. Bowers Members of City Council 215 Church Avenue Roanoke, VA 24011 Re: McClanahan Memorial Proposal Ladies & Gentlemen: I had received several letters of general support for the McClanahan Revisited proposal that I neglected to submit to Council at Monday's meeting. They are enclosed for such consideration as you may care to give them. JBC/bcm S~n~erely ,~ Enclosure: As Stated Herein CC: W. Robert Herbert Mary Parker "dir inia enea ica Society, nc. R O. Box 12485 Roanoke, Virginia 24026 To V~uom It May Concern: Our society has been informed that the Committe~ for the abov~ m~IlliOlr, d ~ has l~S~'nting two d~exls of ex~nv~ to the City for lh~ PrOl~ surro~ 11~ o~-fo~ ~ e.~-me~ and tl~ lot b~low il. Aa a group, w~ w~re astoni.~hed when diaeov~ the~ grave sitea had almost been lost to po~rity. Thc off~ oftl~ Committeo is a wolglerfill aolutioa for public aceeaa for the citizem So much our higlory has beea lo~t through indifference that is regrotted by ~ts aad can never be recovered. The neighborhood will enjoy this bit of green spac~ and our youth will learn early on that history is not dull, but full of the adventures of our aucestors. It is our sincere desire that you do embrace this action. Sincea'ely, Pmsidont a[em Huseum a[em Historical ~oc~e[y -- -1 t--" ' "~, 801 East Main Street ~Salem, Virginia 24153 ~ (540) 389-6760 September 25, 1998 To whom it may concern: As representatives of the Salem Museum and Historical Society, we the undersigned would like to add our endorsement to the efforts being made by Jack Coulter et al. to save and restore the McClanahan family cemetery. Although this cemetery lies outside of the geographic borders of Salem, it does not lie outside of the borders of our interest in local history. The name Elijah McClanahan is inexorably tied to the history of Salem. He was one of the original trustees of Salem when it was first chartered in 1802. He was one of the founders of the Salem Presbyterian Church, and a leader of the Roanoke Navigation Company, which tried, albeit unsuccessfully, to make the Roanoke River a waterway navigable to trade. Col. McClanahan represented our area in the General Assembly, and served as sheriff of Botetourt County in the early 19th Century. He later held the office of sheriff of Roanoke County upon its formation, as well as Justice of the Peace and a number of other offices in local government. In short, his contributions to the history of the area are manifold and his memory deserves to be preserved. We therefore hope that our neighbors in the City of Roanoke will see fit to do what is necessary to preserve the McClanahan cemetery. A minimum of effort will produce a maximum of historic benefits for futUre generations. Please do not allow this vital part of the Valley's past to fall forever into obscurity. Than k.~~o~.~,kind attention, Cu rato r Jcl) ~i~oD~ ~e°~ng ~~eu m President, Salem Historical Society r~ Jack B. Coulter P.O. Box 1299 Roanoke, VA 24006 October 20, 1998 The Honorable David A. Bowers Members of city Council Dorathy Piedmont, President DAR Robert Justice, President SAR Paul Kuhnel, President History Museum Rusty Pritchard, President Preservation Foundation MAYOF Ladies & Gentlemen: In view of the unfortunate controversy that I--and through me the Committee that I represent--have apparently generated by trying to improve the area behind Advance Auto Parts where the McClanahan Cemetery is located, I feel that I can no longer serve on this Committee or act as its chairman. To be criticized is one thing; to be personally abused is quite another. The over one thousand (1000) hours and one thousand dollars ($1000) that I have gratuitously contributed to this project have apparently gone for naught. It should be noted that the effort to clear the area, as mentioned on page 6 of the Brochure sent to each Council member, was substantially accomplished over this past weekend by the generous efforts of a black contractor for $950, all coming from the meager assets of this almost all-white committee and against a previous bid of $6,500. It had been my understanding that the black community supported the idea of a Monument to the Slaves. It was MOT a monument or memorial to slavery, but to those who had been subjected to it. Obviously, I was mistaken and I regret having offended anyone either by promoting the idea or by soliciting support' in such a way that anyone thought it was deceitful. I am "appalled" at how anybody could think so, especially by one confusing Col. McClanahan, who died in 1857, as a Confederate officer. It was obvious to me that the only way to come to a permanent solution in regard to this Cemetery was to have a legal entity, such as the City of Roanoke, become the owner of the property adjoining the land-locked cemetery. The deeds giving this property at values exceeding $7,500 to the City was a significant step in this direction. Even so, in order to persuade the City to accept such a challenge something more had to be created to make the proposition attractive. Ladies & Gentlemen Page 2 October 20, 1998 If the black community is truly offended by any such Memorial to the Slaves, which was intended to honor them, then by all means it should be abandoned. It was proposed in the idea of genuine reconciliation and the improvement of race relations. The last thing that we wanted was controversy over good faith efforts to restore history more completely and remove an eye-sore to the northwest section of our City. Our motivations have been grossly misinterpreted through the same insensitivity that we have been unfairly accused of. Please review and consider the facts from an objective and unbiased perspective. We were not seeking any help toward the improvement or restoration of the % acre McClanahan Cemetery itself. Our efforts were limited toward providing realistic access to this land-locked site including its beautification with unique features that would high--light local history. And there was no "initiative to build a monument to a prominent Roanoke settler" as the newspaper article begins. In order to make the area more meaningful to the local citizens and to restore more historical background, the idea of a Monument to the Slaves, who also lived during the period of the McClanahans, was developed. This was to be a monument and memorial honoring slaves who endured their slavery. To repeat: IT WAS OBVIOUSLY NO~A~]~ORIALTOSLAV~R¥ as any objective reading of the proposed inscription would disclose. Please read it again. (Copy enclosed.) And the inscription suggested had been made expressly subject to the Harrison Museum's approval and editorial changes. The proposal was a sincere and genuine effort to reach out to the past, to recognize historically that 1/3rd of the Valley's population during the lives of the McClanahans were slaves, and by this Monument in Stone for the present generation to distance themselves from the acts of their forebearersby "Proclaiming Them Free". And all at no expense to the black community. Bear in mind, as we began to realize that slaves were probably buried in the very site that we were attempting to memorialize, (a fact somewhat confirmed by the Archaeological Dig uncovering eleven (11) burial sites outside the enclosed McClanahan area and from other historical research) that some recognition of their burial site should also be made. And this has generated a cry of insensitivity!!! Race relations is a two-way street and good intentions should not be so misinterpreted bysuper-sensitive and ill-informed minds apparently bent on the polarization that they seemingly seek to eliminate. Ladies & Gentlemen Page 3 October 20, 1998 With sincere regrets for the unintended controversy provoked, I herewith surrender leadership of this Committee of well-meaning volunteers whose only objective has been to better our community-- and an area where none of them but one resided. JBC/bcm Most Sincerely,, cc: W. Robert Herbert D. Kent Chrisman Mrs. Dorothy Riggle Mary B. (Peggy) Hatch, Esq. Mrs. A. Morris Turner Mrs. A. J. Newcomb Mr. Donald E. Dye Mr. Paul M. Frantz Mr. Lynsey Martin Mrs. Sophie Chapman Ingles Mrs. S. R. (Betty) Low Mr. George A. Kegley Dr. W. Conrad Stone Rev. Roy S. Whitescarver Ms. Claudia Whitworth Mr. Martin Jeffreys Mr. Todd Jackson MONUMENT TO THE SLAVES Col. Elijah McClanahan, who lies buried on this knoll, owned about 23 slaves dur- ing his lifetime. He died in 1857. Some of those slaves are probably buried on this site. According to the 1860 census there were 2643 slaves in the Roanoke Valley, or about 31% of the population. This Monument is erected in honor of those slaves, memorializing their life- style, their gracious, although reluctant acceptance of a society not of their making, and the nobility of their spirit in furthering the welfare of their community. THIS STONE PROCLAIMs THEM FREE WILBURN C. DIBLING, JR. CITY AI'I'ORN EY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatly @ci.roanoke.va.u$ October 20, 1998 MAYO F,.'S. "~ ~i WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT C~TY ATYORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: McClanahan Cemetery Dear Mayor Bowers and Council Members: At the Council meeting of October 19, 1998, Judge Jack B. Coulter, Retired, offered to City Council two deeds by which the owners of the lots on which the McClanahan Cemetery is located seek to quitclaim their interests in the lots to the City. I have carefully reviewed the two deeds presented by Judge Coulter and want you to have the benefit of some additional information with respect to this matter. First and most important, the deeds are not effective unless City Council acts to accept the property interests the grantors seek to convey to the City. Specifically, City Council would need to adopt a resolution authorizing acceptance of the property in question. Second, the quitclaim deeds are not effective to convey to the City thc approximately one quarter acre area reserved as a cemetery in an 1825 deed. By deed dated December 9, 1825, recorded in Deed Book 9, page 388, Clerk's Office, Circuit Court of Botetourt County, Elijah McClanahan and his wife, Agatha, grantors, retained a one quarter acre graveyard described by metes and bounds. The property described as a graveyard was carved out of the larger conveyance made by the McClanahans. Therefore, the property reserved as a cemetery is now in the ownership of the many heirs, known and unknown, of Elijah and Agatha McClananhan. Thus, even if the City were to accept title to the property that is the subject of the two quitclaim deeds presented by Judge Coulter, the ownership of the approximately one-quarter acre area reserved as a graveyard would not be affected. I do not intend to take any action with respect to the two quitclaim deeds presented by Judge Coulter unless directed to do so by City Council. Th~ Honorable Mayor and Members of City Council October 20, 1998 Page 2 I hope the information contained in this letter will prove useful to you as you consider this matter. Please contact me if you have any questions. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations Jack B. Coulter P.O. Box 1299 Roanoke, VA 24006 October 13, 1998 The Honorable David A. Bowers Members of City Council Room 452 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011-1594 Dear Mr. Mayor and Members of Council: I am writing to request the opportunity to be heard on two (2) matters worthy, I believe, of your consideration at Council's meeting on Monday, October 19, 1998 at two o'clock. The two items are: 1. Brief remarks about the recent establishment of the Photo-Portrait Gallery of Roanoke's State Governmental Leaders (less than one minute). 2. A revisit of the McClanahan Cemetery Project to explore the City's Commitment of March 17, 1997 to "help facilitate a more permanent solution." (Written appeal to follow--taking as much time as Council feels is warranted.) In addition to the written appeal to be submitted to each Council Member in advance of Monday's meeting, a~E~g_r~ a reDresentativefromeachl~R~lg-W/kg~ortenant~the block in ~ the ~ ~ is ~ is attached. This Petition urges Council to take over the area being offered to the City and to convert the designated area into a Historical Mini- Park. The granting of this request will be greatly appreciated. JBC/bcm ~cerely! / // J~k B. Coulter PETITION We, the undersigned, being residents, owners of property, or in charge of business enterprises within the block bordered by Melrose Avenue, 23rd Street, the Lynchburg-Salem Turnpike and 24th Street in Northwest Roanoke, within which area the McClanahan Cemetery is located, do respectfully petition and urge the Council of the City of Roanoke to take over the area immediately adjoining the landlocked one-quarter acre cemetery, including all of the remaining portions of the northerly portions of Lots 9 and 10 (Official Tax No. 2322214) and the southerly portions of Lot 9 (Official Tax No. 2322215), Block 10, Melrose Land Company, and to convert such area into an historical mini-park, with the McClanahan Cemetery as the center-piece, and to include, among other historical artifacts, a Monument to the some 2000 slaves who made up about 33% of the local population during the life of Col. Elijah McClanahan. In addition, we respec urge the City to improve the alley that runs from 23rd Street until it dead-ends into the rear of the Advance Auto Parts property by asphalting it and ridding it of debris, weeds and underbrush. _MELROSE HARDWARE _- . ~ --2302-04-06-08 Melrose Avenue 1 WTOY --504 23rd Street STYLE PLUS --2310 Melrose Avenue THE ROANOKE TRIBUBE -2318 Melrose Avenue LOWELL's RESTAURANT --2~28 Melrose Avenue --BRAN NU BIEN HAIR DESIGN 2362 Melrose Avenue ADVANCE AUTO PARTS --509 24th Street STAR CITY TEE SHIRTS --2348 Melrose Avenue HARRIS STYLE SHOP --502 23rd Street GARLAND E. & CHARLOTTE MASON --2319 Salem Turnpike, NW GARLAND L. & SUSAN MANNING -2323 Salem Turnpike, NW FAY L. LOGAN -2327 Salem Turnpike, NW JACQUELINE G. ROSSER --2329 Salem Turnpike, NW Roanoke City Public Schools Publia Information Offiae · P.O. Box ]3]45, I~oanoke Virginia 2403] Telephone: ($40) 8,53-28]6 · Fax: ($40) 85,3-28]7 '98 ..... P 10 P1:13 September 8, 1998 Mrs. Mary Parker Clerk to City Council City Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Mrs. Parker: The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and highlights with City Council. The Superintendent requests that a presentation on the Southern Region Educational Board (SREB), no longer than 10 minutes in length, be included as an agenda item for the 2:00 p.m. session of the City Council meeting on Monday, Septmeber 21, 1998. Dr. E. Wayne Harris, Superintendent for Roanoke City Public Schools, will make the presentation. If agreed as part of the agenda, he will need an overhead projector and screen. We look forward to this sharing opportunity with Council. If I may answer any additional questions, please don't hesitate to call (2816). /de Sincerely, Lissy Runyon Public Information Officer CC: Mr. James Ritchie Dr. E. Wayne Harris Excellence in Education MARY F. PARKER, CMC~AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 October 21, 1998 File ~60-467 SANDRA H. EAKIN Deputy City Clerk Marsha W. Ellison, Chair Roanoke City School Board 2130 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 34050-101998 amending and reordaining certain sections of the 1998-99 School Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 1998. No. 34050-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School 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 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Facilities (1-3) ............................................... Title I Winter Program 98-99 (4-7) ............................... Title I Local Delinquent Children Grant 98-99 (8-20) ................. Title VI Professional Development 98-99 (21-22) .................... Magnet School 98-99 (23-39) .................................. Flow Through 98-99 (40) ...................................... Child Development Clinic 98-99 (41-47) ........................... Child Specialty Services 98-99 (48-54) ............................ Juvenile Detention Home 98-99 (55-62) ........................... Workplace Education Program 98-99 (63-64~ ...................... School-to-Work Transition 98-99 (65-67) .......................... Grants Management 98-99 (68-74) ............................... State Truancy Project 98-99 (75-80) .............................. $32,937,240 88,497 58,163 97,948 2,000 958,050 5,355 3,362 1,673 65,669 21,530 34,216 73,900 61,352 Revenue Education Title I Winter Program 98-99 (81) ................................ Title I Local Delinquent Children Grant 98-99 (82) ................... Title VI Professional Development 98-99 (83) ....................... Magnet School 98-99 (84) ..................................... Flow Through 98-99 (85~ ...................................... Child Development Clinic 98-99 (86) ............................. $32,848,743 58,163 97,948 2,000 958,050 5,355 3,362 Child Specialty Services 98-99 (87) .............................. $ 1 Juvenile Detention Home 98-99 (88) ............................. 65 Workplace Education Program 98-99 (89) ......................... 21 School-to-Work Transition 98-99 (90) ............................ 34 Grants Management 98-99 (91) ................................. 73 State Truancy Project 98-99 (92) ................................ 61 673 669 530 216 ,900 352 Fund Balance Reserved for CMERP - Schools (93~ ............................. $ 485,772 1 ) Additions - Machinery and Equipment 2) Additions - Machinery and Equipment 3) Buildings 4) Supplements 5) Social Security 6) Indirect Costs 7) Other Miscellaneous Payments 8) Compensation of Other Professionals 9) Compensation of Clerical 10) Social Security 11 ) Retirement 12) Health Insurance 13) Other Professional Services 14) Telecommunications 15) Conventions/ Education 16) Testing/Evaluation/ Dissemination 17) Parent Involvement 18) Other Miscellaneous Payments 19) Educational and Recreational Supplies 20) Additions - Machinery and Equipment (030-060-6006-6681-0821) $ 59,586 (030-060-6006-6682-0821 ) (030-060-6006-6896-0851) (030-060-6163-6200-0129) (030-060-6163-6200-0201 ) (030-060-6163-6200-0212 ) (030-060-6163-6200-0586) (030-060-6165-6554-0138) (030-060-6165-6554-0151 ) (030-060-6165-6554-0201 ) (030-060-6165-6554-0202) (030-060-6165-6554-0204) (030-060-6165-6554-0313) (030-060-6165-6554-0523) (030-060-6165-6554-0554) (030-060-6165-6554-0584) (030-060-6165-6554-0585) (030-060-6165-6554-0586) (030-060-6165-6554-0614) (030-060-6165-6554-0821) 1,750 27,161 32,274 2,843 (5,214) 28,260 41,958 14,711 4,335 7,645 3,887 3,000 2,500 2,000 4,000 3,500 2,500 4,000 3,912 21) Conventions/ Education 22) Educational and Recreational Supplies 23) Compensation of Supervisors 24) Compensation of Teachers Aides 25) Social Security 26) Retirement - VRS 27) Health Insurance 28) Other Professional Services 29) Educational and Recreational Supplies 30) Additions - Machinery and Equipment 31) Compensation of Other Professionals 32) Compensation of Clerical 33) Social Security 34) Retirement - VRS 35) Health Insurance 36) Indirect Costs 37) Other Professional Services 38) Advertising 39) Conventions/ Education 40) Professional Health Services 41) ComPensation of Other Professionals 42) Social Security 43) Retirement - VRS 44) Health Insurance 45) Indirect Costs 46) Conventions/ Education 47) Educational and Recreational Supplies (030-060-6248-6000-0554) (030-060-6248-6000-0614) (030-060-6317-6000-0124) (030-060-6317-6000-0141 ) (030-060-6317-6000-0201 ) (030-060-6317 -6000-0202) (030-060-6317-6000-0204) (030-060-6317-6000-0313) (030-060-6317-6000-0614) (030-060-6317-6000-0821 ) (030-060-6317-6307-0138) (030-060-6317-6307-0151 ) (030-060-6317-6307-0201 ) ( 030-060-6317 -6307 -0202 ) (030-060-6317-6307-0204) ( 030-060-6317 -6307 -0212) (030-060-6317-6307-0313) (030-060-6317-6307-0361) (030-060-6317-6307-0554) (030-060-6546-6553-0311 ) (030-060-6547-6554-0138) (030-060-6547-6554-0201 ) (030-060-6547-6554-0202) (030-060-6547-6554-0204) (030-060-6547-6554-0212) (030-060-6547-6554-0551 ) (030-060-6547-6554-0614) $ 6OO 1,400 95,000 45,000 14,133 14,805 20,800 152,666 345,032 99,340 45,000 20,000 4,973 8,769 5,468 13,584 23,000 41,000 9,480 5,355 2,032 155 274 599 102 100 100 48) Compensations of Other Professionals 49) Social Security 50) Retirement - VRS 51) Health Insurance 52) Indirect Costs 53) Mileage 54) Educational and Recreational Supplies 55) Compensation of Substitutes 56) Compensation Other Professionals 57) Social Security 58) Retirement - VRS 59) Health Insurance 60) Indirect Costs 61) Mileage 62) Educational and Recreational Supplies 63) Compensation of Teachers 64) Social Security 65) Supplements 66) Other Professional Services 67) Telecommunications 68) Compensation of Directors 69) Social Security 70) Retirement - VRS 71) Health Insurance 72) Conventions/ Education 73) Office Supplies 74) Books and Subscriptions 75) Compensation of Other Professionals 76) Social Security 77) Retirement - VRS 78) Health Insurance 79) Mileage (030-060-6548-6554-0138) (030-060-6548-6554-0201 ) (030-060-6548-6554-0202) (030-060-6548-6554-0204) (030-060-6548-6554-0212) (030-060-6548-6554-0551 ) (030-060-6548-6554-0614) (030-060-6549-6554-0021 ) (030-060-6549-6554-0138) (030-060-6549-6554-0201) (030-060-6549-6554-0202) (030-060-6549-6554-0204) (030-060-6549-6554-0212) (030-060-6549-6554-0551) (030-060-6549-6554-0614) (030-060-6712-6451-0121 ) (030-060-6712-6451-0201) (030-060-6713-6452-0129) (030-060-6713-6452-0313) (030-060-6713-6452-0523) (030-060-6986-6307-0114) (030-060-6986-6307-0201) (030-060-6986-6307-0202) (030-060-6986-6307-0204) (030-060-6986-6307-0554) (030-060-6986-6307-0601) (030-060-6986-6307-0613) (030-060-6987-6671-0138) (030-060-6987-6671-0201) (030-060-6987-6671-0202) (030-060-6987-6671-0204) (030-060-6987-6671-0551 ) 1,654 127 223 486 83 (1,000) 100 1,800 46,721 3,712 6,303 3,197 2,336 40O 1,200 20,000 1,530 30,591 3,422 2O3 56,245 3,796 7,587 2,867 2,000 56O 845 43,875 3,356 5,919 4,682 2,000 80) Educational Recreational Supplies (030-060-6987-6671-0614) $ 1,520 81) Federal Grant Receipts (030-060-6163-1102) 58,163 82) Federal Grant Receipts ( 030-060-6165-1102) 97,948 83) Federal Grant Receipts (030-060-6248-1102) 2,000 84) Federal Grant Receipts (030-060-6317-1102) 958,050 85) Federal Grant Receipts (030-060-6546-1102) 5,355 86) State Grant Receipts (030-060-6547-1100) 3,362 87) State Grant Receipts (030-060-6548-1100) 1,673 88) State Grant Receipts (030-060-6549-1100) 65,669 89) Fees (030-060-6712-1103) 21,530 90) Federal Grant Receipts (030-060-6713-1102). 34,216 91) Federal Grant Receipts (030-060-6986-1102) 73,900 92) State Grant Receipts (030-060-6987-1100) 61,352 93) Reserved for CMERP -. Schools (030-3324) (88,497) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. City of Roanoke Roanoke, Virginia October 19, 1998 FROM: S~CT:. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for Appropriation of School Capital Projects Fund We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $88,497.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for district-wide facility maintenance, school administrative technology, facility improvements to Huff Lane, Round Hill, Ruffner, and Woodrow Wilson, and handicap aCCCSS. $58,163.00 for the 1998-99 Title I Winter program to provide remedial reading, language arts, and mathematics instruction for targeted schools. This continuing program is one hundred percent reimbursed by federal funds. $97,948.00 for the 1998-99 Title I Local Delinquent Children program to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure. This continuing program is one hundred percent reimbursed by federal funds. $2,000.00 for the 1998-99 Title VI Professional Development program to provide funds for innovative education program strategies to be developed at eight Title I schools. This is a new program and will be reimbursed one hundred percent by federal funds. $958,050.00 for the 1998-99 Magnet School program to provide for the operation of the Round Hill Montessori School. This continuing program is one hundred percent reimbursed by federal funds. $5,355.00 for the 1998-99 Flow Through program to provide aid for the education and guidance of handicapped students. This continuing program is one hundred percent reimbursed by federal funds. Honorable Mayor and Members Roanoke City Council October 19, 1998 Page 2 $3,362.00 for the 1998-99 Child Development Clinic program to provide funds for the salary and expenses for the educational coordinator at the clinic. This continuing program is one hundred percent reimbursed by state funds. $1,673.00 for the 1998-99 Child Specialty Services program to provide funds for the salary and expenses of the educational coordinator. This continuing program is one hundred percent reimbursed by state funds. $21,530.00 for the 1998-99 Workplace Education program to provide instructional programs developed with area business establishments for employees at the work sites. Programs include the development of knowledge and skills in areas including preparation for the GED examination, reading comprehension, telephone usage, other work skills and English as a second language. This is a new program and funding will be provided through the assessment of fees. $34,216.00 for the School-To-Work Transition program to provide training and transitional services for students at Noel C. Taylor Learning Academy to help them to enter the workforce. This is a new program and will be one hundred percent reimbursed by federal funds. $73,900.00 for the Grants Management program to provide funding for the personnel and operation expenses of the Director of Grants. This continuing program is one hundred percent reimbursed by federal funds. $61,352.00 for the State Truancy Project to provide support for the Roanoke City attendance effort. This is a continuing program and is one hundred percent reimbursed by state funds. $65,669.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the two educational coordinators. This continuing program is one hundred percent reimbursed by state funds. We recommend that you concur with this request of the School Board. JDG/pac Attachments c: Ann H. Allen, Manager of Accounting Services '~~l Marsha W. Ellison, Chairman F.B. Webster Day Melinda J. Payne, Vice Chairman Sherman P. Lea ' Charles W. Day Ruth C. Willson /.-Roanoke City School Board P.O. Box 13145, Roanoke, Virginia24031 · 540-853-2381 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy ~r~t,~e.~ ,~erk of the Board · Fg~ 54~-853- ~:~51p - t :40 October 14, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official action at its October 13 meeting, the School Board requests the following appropriations: $88,497.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for district-wide facility maintenance, school administrative technology, facility improvements to Huff Lane, Round Hill, Ruffner, and Woodrow Wilson, and handicap access. $ 58,163.00 for the Title I Winter program to provide remedial reading, language arts, and mathematics instruction for targeted schools. This continuing program is one hundred percent reimbursed by federal funds. $97,948.00 for the Title I Local Delinquent Children program to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure. This continuing program is one hundred percent reimbursed by federal funds. $2,000.00 for the 1998-99 Title VI Professional Development program to provide funds for innovative education program strategies to be developed at eight Title I schools. This is a new program and will be reimbursed one hundred percent by federal funds. $958,050.00 for the 1998-99 Magnet School program to provide for the operation of the Round Hill Montessori School. This continuing program is one hundred percent reimbursed by federal funds. $5,355.00 for the 1998-99 Flow Through program to provide aid for the education and guidance of handicapped students. This continuing program is one hundred percent reimbursed by federal funds. $ 3,362.00 for the 1998-99 Child Development Clinic program to provide funds for the salary and expenses of the educational coordinator at the clinic. This continuing program is one hundred percent reimbursed by state funds. $1,673.00 for the 1998-99 Child Specialty Services program to provide funds for the salary and expenses of the educational coordinator. This continuing program is one hundred percent reimbursed by state funds. Preparing Students for Success Members of Council Page 2 October 14, 1998 $21,530.00 for the 1998-99 Workplace Education program to provide instructional programs developed with area business establishments for employees at the work sites. Programs include the development of knowledge and skills in areas including preparation for the GED examination, reading comprehension, telephone usage, other work skills and English as a second language. This is a new program and funding will be provided through the assessment of fees. $34,216.00 for the School-To-Work Transition program to provide training and transitional services for students at Noel C. Taylor Learning Academy to help them to enter the workforce. This is a new program and will be one hundred percent reimbursed by federal funds. $73,900.00 for the Grants Management program to provide funding for the personnel and operation expenses of the Director of Grants. This continuing program is one hundred percent reimbursed by federal funds. $61,352.00 for the State Truancy Project to provide support for the Roanoke City attendance effort. This is a continuing program and is one hundred percent reimbursed by state funds. $65,669.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the two educational coordinators. This continuing program is one hundred percent reimbursed by state funds. The Board appreciates the approval of these requests. Sincerely, Cindy H Lee, Clerk re cc: Mrs. Marsha W, Ellison Dr, E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert Mr, Wilburn C. Dibling Mr, James D. Grisso Ms. Ann Allen (with accounting details) Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk October 21, 1998 File ft60-183 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34051-101998 amending and reordaining certain sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for appropriation of $350,000.00, in connection with environmental issues at the Public Works Service Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations H:~GEN~19.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 1998. No. 34051-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds 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 and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ................................... Fund Balance Reserved for CMERP - City (2) ................................. Capital Proiects Fund Appropriations General Government Environmental Issues - Public Works Service Center (3) ............. 1) Transfer to Capital Project Funds (001-004-9310-9508) $ 350,000 2) Reserved for CMERP - City (001-3323) (350,000) 3) Appropriated from General Revenue (008-052-9670-9003) 350,000 $ 59,679,552 58,845,534 $ 3,758,319 $16,542,608 800,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '98 October 19, 1998 Council Report No. 98-174 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Environmental Issues Public Works Service Center I. Background: The Virginia Department of Environmental Quality (DEQ) notified the City of Roanoke in late July 1997 of a report of possible unauthorized disposal of waste materials at the City's Public Works Service Center property on Courtland Road, N. W. Subsequent investigations determined some buried drums of paint-like and tar-like products and solvents, and also quantities of inorganic material (broken pipe, guardrails, crushed empty barrels, etc.). II. Current Situation: Excavated materials have been removed from the site and sent to proper disposal locations. The City continues to work with DEQ and the federal Environmental Protection Agency (EPA) to complete investigations and develop a mutually acceptable plan for addressing all issues which have arisen during the course of this matter. It is expected to be at least a number of months until this matter is brought to a close. Co Approximately $450,000 has been expended through August 1998 for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses. Additionally, funds are needed to pay the costs estimated to be incurred during the upcoming fiscal year. Page 2 III. IV. Issues: A. Environmental Compliance B. Funding C. Legal Compliance Alternatives: City Council appropriate $350.000 to Capital Projects Fund Account No. 008-052-9670-9003 Environmental Issues - Public Works Service Center for environmental studies, legal services, consultant and expert fees, and related expenses. Environmental Compliance will be ensured as the City continues to make changes and improvements in operational procedures and physical features related to state and federal regulations. 2. Funding is available in the 1998-99 CMERP. Legal issues as to compliance with environmental regulations and any required remediation will be resolved with EPA and DEQ as soon as possible. City Council not appropriate $350.000 to Capital Projects Fund Account No. 008-052-9670-9003 for environmental studies, legal services, consultant and expert fees, and related expenses. Environmental Compliance will be more difficult as the City continues to make changes and improvements in operational procedures and physical features related to state and federal regulations. Eventually, appropriations will be necessary as existing operating accounts will not have sufficient funds to pay anticipated expenditures. 2. Funding will remain available in CMERP. Legal issues may not be resolved as expeditiously and cost effectively without the benefit of experts. Page 3 V. Recommendation: City Council concur with Alternative ^ and appropriate $350,000 to Capital Projects Fund Account No. 008-052-9670-9003 Environmental Issues - Public Works Service Center, for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities & Operations Mary F. Parker, CMCIAAE c~y c~rk CITY OF ROANOKE Office of the City Clerk October 21, 1998 File #27-60-468 Sandra H. Eakin Deputy c~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34052-101998 authorizing issuance of Change Order No. 3, in the amount of $52,317.00, to the City's contract with Danis Environmental Industries, Inc., for upgrade and expansion of the Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 H:~M3EI~lg,WPO W. Robert Herbert October 21, 1998 Page 2 pc Elmer C. Hodge, County Administrator, Roanoke County, 5204 Bemard Drive, S. W., Roanoke 24018 Gerald A. Burgess, County Administrator, Botetourt County, 1 W. Main Street, Box 1, Fincastle, Virginia 24090-2002 William Bishop, Permit Writer, Department of Environmental Quality, 3019 Peters Creek Road, N. W., Roanoke, Virginia 24019 Malcolm Pirnie, Inc., 11832 Rock Landing Ddve, Suite 400, Newport News, Virginia 23606-4206 Mattern & Craig, Consulting Engineers, 701 First Street, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores 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 D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant H:~3ENC3A~OCT1 g.W~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 19th day of October, 1998. No. 34052-101998. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 3 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The 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. 3 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated October 19, 1998. 2. The Change Order will provide authorization for additions and deleting in the work with an increase in the mount of $52,317 to the original contract dated September 18, 1997, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 3 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 October 19, 1998 Council Report No. 98-175 II. Background on the subject in chronological order is as follows: Contractor for this project is Danis Environmental Industries. Inc., of Dayton, Ohio. Contract amount awarded by City Council on August 4, 1997 was $16,690.000 with a specified time of 730 consecutive calendar days. Project consists of the Upgrade and Expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day. Change Order No. 1 was approved bv City Council on July 6, 1998 for an additional $100,513.00 and Change Order No. 2 was approved on August 17, 1998 for an additional $65.782.00 and 7 additional calendar days. Total contract amount is currently $16.856.295 with 737 consecutive calendar days construction time. Completion date is now November 5, 1999. Current situation is as follows: The following additional items have been identified as part of the required work on this project and need to be approved for payment. 1. Reduction in overhead electric power to ($20,275.00) Motor Control Center (MCC) 1 as discussed during progress meeting No. 7. 2. Replacement of electrical conductors from $49,550.00 Electric Manhole No. 8 to LDP-1 and MCC-2. 3. Deletion of brick and concrete corbel at the ($ 4,588.00) Biological Aeration Influent (BAF) pump station. 4. Changing the motor starters in BAF MCC-IO from ($ 1,781.00) 125 HP to 50 HP. Honorable Mayor and Members of City Council Change Order No. 3 Upgrade and Expansion Water Pollution Control Plant Roanoke, Virginia October 19, 1998 Bid No. 97-4-54 Page 2 III. Issues A. B. C. 5. Modifications to the piping at the Thickened $ 1,644.00 Sludge pump station. 6. Relocation of existing chemical feed piping at the $ 2,027.00 new gravity thickener. 7. Changes to concrete manhole sizes in accordance $ 1,438.00 with submittal No. 149 and Request for Information (RFI) No. 56. 8. Sandblasting and painting of Digester No. 5. $23,032.00 9. Additional ductile iron pipe and fittings required for $1,270.00 the installation of the 16-inch magmeter on the 24-inch BAF influent pipe. Total amount of Change Order No. 3 is $52.317.00. Malcolm Pirnie, Inc. and Mattern & Craig, Inc. have reviewed these changes and have recommended them to the City of Roanoke for payment. in order of importance are as follows: Engineering concerns Fundina Time of completion IV. Alternatives in order of feasibility are as follows: A. Approve the issuance of Change Order No. 3 to the contract with Denis Environmental Industries, Inc. in the amount of ~52,317.00 and no additional construction time. 1. Engineering concerns as previously described would be met in a timely manner. 2. Funding is available in Account Number 003-056-8475-9065 in the amount of ~52,317.00 due to budgeting for contingency in Budget Honorable Mayor and Members of City Council Change Order No. 3 Upgrade and Expansion Water Pollution Control Plant Roanoke, Virginia October 19, 1998 Bid No. 97-4-54 Page 3 Ordinance 33539-080497. Total of project contingency after Change Order 1, 2 and 3 is $1.450.388.00. 3. Time of c0m_~letion would remain the same, November 5, 1999. Re!ect the issuance of Change Order Number 3. Engineering ¢0ncerns would not be met in a timely manner. Funding would not be encumbered at this time. Time of c0m_~letion would not change with either alternative. Recommendation is as follows: City Council concur in alternative "A" and take the following: Authorize the City Manager to issue Change Order Number 3 to Danis Environmental Industries, Inc. In the amount of $52,317.00 and no change in the contract time of completion. The total contract amount would then be 416.908.612.00 and the completion date of November 5. 1999. B. Proportional share to each !urisdiction would be as follows: City of Roanoke (37.3%) County of Roanoke (29.2%) City of Salem (20.9%) Botetourt County (7.0%) Town of Vinton (5.6%) Total of Change Order No. 3 $19,514.24 15,276.57 10,934.25 3,662.19 2.929.75 952,317.00 Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council Change Order No. 3 Upgrade and Expansion Water Pollution Control Plant Roanoke, Virginia October 19, 1998 Bid No. 97-4-54 Page 4 WRH/LBC/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 Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt Bill Bishop, Department of Environmental Quality Malcolm Pirnie, Inc. Mattern & Craig, Inc. Mary F. Parker, CMCIAAE Cay C~erk CITY OF ROANOKE Office of the City Clerk October 22, 1998 File f~60-217-240-472 Sandra H. Eakin Deputy c~y C~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34053-101998 amending and reordaining certain sections of the 1998-99 General and Capital Projects Fund Appropriations, providing for appropriation of $355,100.00, in connection with the current year Capital Maintenance and Equipment Replacement Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Arthur B. Crush, III, Clerk of Circuit Court W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works James D. Grisso October 22, 1998 Page 2 pc: Kenneth S. Cronin, Manager, Personnel Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGENDAg~OCT19.WPO Mary F. Parker, CMCIAAE c~ Clerk CITY OF ROANOKE Office of the City Clerk October 22, 1998 File #217-240-472 Sandra H. Eakin Deputy c~y Cbrk 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, October 19, 1998, Regina R. Vassar, 1117 Floyd Avenue, S. W., expressed concern with regard to the City's policy for replacing trees on City property. The matter was referred to you for appropriate response. Sincerely, Mary F. Parker, CMCiAAE City Clerk MFP:Io pc: Ms. Regina R. Vassar, 1117 Floyd Avenue, S. W., Roanoke, Virginia 24015 William F. Clark, Director, Public Works H:~AGENDAg~OCT1 g. WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 1998. No. 34053-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations General Government Personnel Management (1) ................................... Judicial Administration Circuit Court (2) ............................................ Public Works Snow Removal (3) .......................................... Solid Waste Management (4) ................................ Engineering (5) ............................................ Building.Maintenance (6) .................................... Parks and Grounds Maintenance (7) ........................... Parks, Recreation and Cultural Recreation (8) ............................................. Nondepartmental Transfer to Other Funds (9) .................................. Fund Balance $11,310,647 835,929 $ 4,485,195 206,933 $ 24,206,232 177,611 4,976,793 1,592,989 3,318,277 4,456,936 $ 4,387,986 1,788,498 $ 59,475,648 58,641,630 Reserved for CMERP - City (10) ............................... $ 3,738,219 Capital Proiects Fund Appropriations Streets and Bridges Bridge Maintenance (11) ..................................... Peters Creek Road Extension (12) ............................. Traffic Engineering Traffic Signals (13) ......................................... 1) Fees for Professional Services (001-002-1261-2010) $ 70,000 2) Other Equipment (001-072-2110-9015) 11,000 3) Other Equipment (001-052-4140-9015) 59,100 4) Expendable Equipment (<$1,000) (001-052-4210-2035) 15,000 5) Fees Mapping Project (Engineering) (001-052-4310-2002) 40,000 6) Maintenance - General Fund (001-052-4330-3050) 10,000 7) Supplies-Trees (001-052-4340-3004) 20,000 8) Program Activities (001-052-7110-2066) 35,000 9) Transfer to Capital Projects Fund (001-004-9310-9508) 110,000 10) Reserved for CMERP - City (001-3323) (370,100) 11) Appropriated from General Revenue (008-052-9549-9003) 40,000 12) Appropriated from General Revenue (008-052-9595-9003) 50,000 13) Appropriated from General Revenue (008-052-9560-9003) 20,000 $ 23,348,665 758,650 720,083 $ 2,403,764 739,553 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. tiTv ," ~ '98 F~'I 15 71' ~ri October 19, 1998 Council Report No. 98-370 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Request for Fund Appropriations from Current Year Capital Maintenance and Equipment Replacement Program I. Backqround on the subject in chronological order is: The Current Year Capital Maintenance and Equipment Replacement Program was presented to City Council on Wednesday, October 7, 1998. That program has identified various operational and project needs for many City departments. All items and proiects identified in this program are necessary for the continued services that are provided by the City. A listing of items and projects that are anticipated to cost less than $75,000 is identified as Attachment "A" of this report. The City Manager, by the authority designated by City Council, can approve expenditures less than $75,000 provided Funds currently exist in operational accounts or have been appropriated by Council. All items and projects identified on Attachment "A" either have already been bid or will be bid in accordance with all requirements as set out in the procurement section of the Code of the City of Roanoke. II. Current Situation is: It is necessary for City Council to appropriate Funds from the Capital Maintenance and Equipment Replacement Program to provide for the acquisition of the items listed on Attachment "A" of this report. Mayor David A. Bowers and Members of Council Fund Appropriations from Current Year CMERP October 19, 1998 Page 2 III. IV. Issues in order of importance are: A. Need B. Funding C. Timing Alternatives in order of feasibility are: City Council appropriate $3551100 to various accounts to provide for the items and projects listed on Attachment "A" of this report. Need for the requested items and projects have been prioritized and justified as essential. Funding is designated in the Current Year Capital Maintenance and Equipment Replacement Program to provide for appropriate acquisition of items and projects identified. Timing will allow for requested items to be procured in the most efficient and effective manner. City Council not appropriate requested Funds for the acquisition of necessary items and projects. Need for the acquisition of identified items and projects would not be addressed by this alternative. Funding designated for specific items and projects would not be expended at this time by this alternative. Timing for the appropriate acquisition of identified items and projects would not be accomplished in the most expedient manner, by this alternative. Mayor David A. Bowers and Members of Council Fund Appropriations from Current Year CMERP October 19, 1998 Page 3 Vw Attachment CCZ Recommendation is for City Council to concur with Alternative "A" and appropriate $355,100 to various accounts as follows: A. $20.000 to Traffic Engineering account 008-052-9560-9003 B. $50,000 to Engineering account 008-052-9595-9003 C. $40,000 to Engineering account 001-052-4310-2002 D. $40,000 to Engineering account 008-052-9549-9003 E. $59,100 to Snow Removal account 001-052-4140-9015 F. $15,000 to Solid Waste Management account 001-052-4210-2035 G. $10,000 to Building Maintenance account 001-052-4330-3050 H. $55,000 to Personnel Management account 001-002-1261-2010 I. $35,000 to Recreation account 001-052-7110-2066 J. $11,000 to Circuit Court account 001-072-2110-9015 K. $20,000 to Parks and Grounds account 001-052-4340-3004 Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance City Clerk Director, Utilities & Operations Director, Public Works Circuit Court Personnel Management Budget Administrator Supply Management Attachment "A" Funding for the following items and projects are identified in the Current Year Capital Maintenance and Equipment Replacement Program. Traffic Enqineerinc~ Traffic Engineering Projects - This is to address mini Traffic Engineering projects such as replacement and/or relocation of traffic signals, controllers, detectors and conduits as well as the completion of miscellaneous traffic studies. $ 20,000 Enqineednq Minor Neighborhood Storm Drain Program - The Engineering Department receives approximately fifty (50) request annually from residents, businesses, and City departments to address minor drainage problems. These Funds supplement the 1997 bond referendum which authorized $225,000 for minor drainage projects. Bridge renovations - Requested Funds will be used to supplement operating Funds currently slated for "minor" bridge renovations, such as the repair of expansion joints or the replacement of concrete decks that have been changed by salt or other chemicals associated with snow removal. Phase III - Map Automation - Water & Sewer Maps - Funds are needed to replace hand-drawn City maps with new digital maps that will be compatible with a future City-wide Geographic Information System. These Funds will pay for the development of digital water and sewer maps, which will include all street addresses as well as water and sewer facilities. $ 50,000 $ 40,000 $ 40,000 Snow Removal Miscellaneous Snow Equipment Parts - Required replacement parts are needed to repair, maintain and upgrade existing snow and ice equipment to ensure readiness for the upcoming snow season. $ 20,000 Mayor David A. Bowers and Member of Council Fund Appropriations from Current Year CMERP Attachment "A" Page 2 2 - 40 gallon "Saddle Bag" Pre-Wettina Systems - These pre-wetting systems, which mount on salt spreaders, add liquid chemicals to the salt to make it activate in the more severe temperatures. Currently, an additional system is needed in the Central Business District and one (1) is needed for trouble spots that have been identified in other areas of the City. 7 - 140 gallon "Saddle Bag" Pre-Wetting Systems -This request is to purchase these systems which will provide the City with one (1) large pre-wetting system for each of the fifteen (15) zones in the City. 2 - Snow Plow Rigs and Controls - Snow plow rigs and and controls are needed for two (2) 4 x 4 pick-up trucks to assist with snow removal. The plow will be hydraulically controlled from the cab. 2 - Salt Spreaders and Controls for Dump Trucks - Spreaders and their controls are needed to replace old existing equipment that can no longer be repaired. Solid Waste Manaqement Additional Containers for Automated Program - This request is to Fund the purchase of 270 additional 95 gallon containers and 110 - 32 gallon containers to be used in the Solid Waste Management Automation Program. Building Maintenance Supplies for Sheriff's Department Inmate Crews - Funds are needed to purchase items such as paint, plastic bags, drop cloths, paint brushes and paint thinner for the Sheriff's Department's inmate crews who assist with building maintenance during FY '97-'98. The inmate crews painted 11 recreation centers, 32 park restroom facilities and 5 Police Department COPE Unit offices. 4,000 $16,100 $ 7,000 $12,000 $15,000 $10,000 Mayor David A. Bowers and Members of Council Fund Appropriations from Current Year CMERP Attachment "A" Page 3 Personnel Manaqement Pay and Benefit Study - During FY '98-'99 Budget Study process, City Council requested a Pay and Benefit Study for City employees. Request Funding is needed to contract with an outside vendor for an independent evaluation and report. Recreation Equipment for Woodrow Wilson School Fitness Center - Request Funding will provide for Physical Fitness Equipment needed for the Woodrow Wilson Middle School. This facility will be staffed by Parks and Recreation personnel and will be open for use during after school hours and on weekends. $ 55,000 $ 35,000 Circuit Court 4 - Modular Work Secretarial Workstations - The requested workstations are needed for Circuit Court Judges' secretaries and others who are often required to conduct business in the offices of the judicial secretaries. Parks and Grounds Reforestation Program - Phase V - This is Phase V of the City's Reforestation Program to rebuild the City's tree population by the planting of new trees along business districts, thorough fares, residential streets, and parks. The requested Funds will enable Parks and Grounds to plant approximately 150 trees. $11,000 $ 20,000 Total Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk October 22, 1998 File ~60-236-246 Sandra H. Eakin Deputy C~y Ck~rk James D.' Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34054-101998 amending and reordaining certain sections of the 1998-99 Consortium Fund Appropriations, providing for appropriation of $529,139.00, in connection with a grant for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium H:~A~lg. WI~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 1998. No. 34054-101998. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium FY99 Welfare-To-Work (1-23) .................................... Other Jurisdictional Contributions (24-29) ....................... One Stop Career Center (30-32) .............................. $1,766,201 508,011 11,128 10,000 Revenue Fifth District Employment and Training Consortium FY99 Welfare-To-Work (33) ...................................... Other Jurisdictional Contributions (34~ ......................... One Stop Career Center (35) ................................. $1,766,201 508,011 11,128 10,000 1) Temporary Employee Wages (034-054-9993-8049) $ 75,950 2) Wages (034-054-9993-8050) 4,000 3) Fringes (034-054-9993-8051) 1,200 4) Travel (034-054-9993-8052) 3,750 5) Communications (034-054-9993-8053) 1,400 6) Supplies (034-054-9993-8055) 1,500 7) Insurance (034-054-9993-8056) 700 8) Leases (034-054-9993-8058) 15,000 9) Equipment 10) Miscellaneous 11) Wages 12) Fringes 13) Travel 14) Communications 15) Supplies 16) Insurance 17) Leases 18) Equipment 19) Miscellaneous 20) Support Services 21) Individual Referral 22) On-The-Job Training 23) Subsidized Wages 24) Wages 25) Fringes 26) Communications 27) Supplies 28) Insurance 29) Miscellaneous 30) Contractual Services 31) Travel/Training 32) Miscellaneous 33) Welfare-To-Work 34) Other Jurisdictional Contributions 35) One-Stop Career Center (034-054-9993-8059) (034-054-9993-8060) (034-054-9993-8350) (034-054-9993-8351) (034-054-9993-8352) (034-054-9993-8353) (034-054-9993-8355) (034-054-9993-8356) (034-054-9993-8358) (034-054-9993-8359) (034-054-9993-8060) (034-054-9993-8461) (034-054-9993-8500) (034-054-9993-8501) (034-054-9993-8502) (034-054-9980-8350) (034-054-9980-8351) (034-054-9980-8353) (034-054-9980-8355) (034-054-9980-8356) (034-054-9980-8360) (034-054-9973-8057) (034-054-9973-8352) (034-054-9973-8360) (034-054-9993-9993) (034-034-9980-9980) (034-054-9973-9973) $ 24 750 2 100 8 650 2 160 I 000 1 000 5OO 5OO 5,000 3,500 1,351 123,000 110,000 21,000 100,000 8OO 225 100 1,000 4,000 5,003 6,000 2,000 2,000 508,011 11,128 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. October 19,1998 # 98-728 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND no The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. Bo The FDETC serves eliqible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This aqency serves two primary client populations: dislocated workers who have been laid off from employment through no fault of their own (under Title III), and the economically disadvantaqed as determined by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). Do The City of Roanoke is the qrant recipient for FDETC fundinq. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 October 19, 1998 II. CURRENT SITUATION State Department of Social Services has notified the Consortium of the approval of a grant in the amount of $508,010.62 to operate a Welfare-to-Work program for the fiscal year 1999. These funds will be used to help move hard-to-employ welfare recipients into lasting unsubsidized jobs and to achieve self-sufficiency by providing career counseling, job readiness and retention classes, case management, occupational skills training and on-the-job training. $ · Governor's Employment and Traininq Department has notified the Consortium of an allocation of $10,000.00 (Notice of Award 98-03-14) for planning (in conjunction with the Virginia Employment Commission) an electronically-linked regional workforce development network. Co Jurisdictions in the Fifth Planning District, which include the cities of Salem, Clifton Forge and Covington, as well as the Counties of Roanoke, Alleghany, Botetourt, and Craig, were requested by the FDETC to contribute funds to offset the agency's administrative costs. To date, allocations totaling $11,128.15, have been confirmed from the participating jurisdictions. (Botetourt County $1,715; Roanoke County $3,500; City of Salem $5,663.15; Craig County $250.00). Honorable Mayor and Members of City Council Page 3 October 19, 1998 III. ISSUES A. Proqram Operations B. Fundinq C. Timing IV. ALTERNATIVES no Appropriate the FDETC's FY 1998-1999 fundinq totaling $529,139.00 and increase the revenue estimate by $529,139.00, in accounts to be established by the Director of Finance. Proqram Operations - Existing activities will continue and planned programs will be implemented. o Fundinq - Funds are available from the Grantor agency and other sources as indicated at no cost to the City. Timinq - Immediate action will allow programs to be implemented and completed within planned time frames. B o Do not appropriate the FDETC's funding totaling $529,139.00. Proqram Operations - Planned programs to serve participants would be delayed or never initiated. o Fundinq - Funds currently available to operate these programs may be rescinded and redistributed to other localities. o Timinq - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. Honorable Mayor and Members of City Council Page 4 October 19, 1998 RECOMMENDATION Approve Alternative A: A. Appropriate the FDETC's funding totalinq $529,139.00, and increase the revenue estimate by $529,139.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, W. Robert Herbert City Manager WRH/VLP:wc cc: Director of Finance City Attorney Director of Human Development FDETC Executive Director JAMES D. GRISSO Director of Finance October 19, 1998 CITY OF ROANOKE DEPARTMENT OF; FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, ~rtrginia Dear Mayor Bowers and Members of Council: City Council, on Wednesday, October 7, 1998, tentatively approved the following enhancement to the City of Roanoke Pension Plan for the Employees' Supplemental Retirement System (ESRS): Calculate the amount of benefit using a multiplier of 2.1 percent for each year of creditable service with a maximum pension allowance of 63 percent of average final compensation. The effective date is January 1,' 1999. This is a five (5) percent enhancement of the pension benefit provided by the ESRS. We have approximately 200 active members in the Employees' Retirement System (ERS) and a "window of opportunity" from December 1 through December 31, 1998, is recommended for those employees to voluntarily transfer to the ESRS. The attached ordinance is recommended for your approval. Sincerely, Director of Finance JDG:s Attachment c: W. Robert Herbert, City Manager W~flburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Joyce Sparks, Retirement Administrator 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 October 23, 1998 SANDRA H. EAKIN Deputy City Clerk File #27-28-468 Mr. J. B. Goria P. O. Box 20269 Roanoke, Virginia 24018 Dear Mr. Goria: I am enclosing four certified copies of Ordinance No. 34037-101998 granting a license to permit an encroachment of a 5,000 sq. ft. commercial building over an existing sewer line and easement located on property commonly known as 4803 Williamson Road, N. W., identified as Official Tax No. 2170128. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, also adopted by the Council on second reading on Monday, October 19, 1998, and will be in full force and effect ten days following the date of its second reading. The abovereferenced ordinance will be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by J. B. Goda, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 5 of the ordinance is on file in the Office of the City Clerk. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Enclosure N:~C~.O1 ~,GENDAg~OCT19.W~O Mr. J. B. Goria October 23, 1998 Page 2 pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Delores C. Daniels, Assistant to the City Manager for Community Relations Samuel Hayes, III, Manager, Utility Line Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34037-101998. AN ORDINANCE granting a license to permit an encroachment of a 5,000 sq. ~. commercial building over an existing sewer line and easement located on the property commonly known as 4803 Williamson Road, N.W., and bearing Official Tax No. 2170128, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted J. B. Ooria ("Licensee") and his grantees, assignees, or successors in interest of the property bearing Official Tax No. 2170128, otherwise known as 4803 Williamson Road, N.W., within the City of Roanoke, to construct and maintain an encroachment in the form of a 5,000 sq. ft. commercial building (the "Structure") over an existing sewer line and easement on such property, as more fully described in a report of the Water Resources Committee dated October 7, 1998. 2. Said license shall be for the life of the Structure only. 3. It shall be agreed by the Licensee that, prior to constructing the Structure, Licensee or its grantees, assignees or their agents or contractors will replace the existing sewer line with ductile iron pipe or will encase the existing line in concrete or steel and will install manholes allowing access to such pipe or line at each end of the Structure. 4. It shall be agreed by the Licensee that, in constructing or maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over the existing sewer easement. 5. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the amounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Director of Utilities and Operations of the City of Roanoke. 6. The City Clerk shall transmit an attested copy of this ordinance to J. B. Goria, P.O. Box 20269, Roanoke, Virginia 24018. 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by J. B. Goria, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 5 above is on file in the office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this day of ,1998. J. B. Goria COMMONWEALTH OF VIRGINIA § To-Wit: this The foregoing instrument was acknowledged before me in my jurisdiction aforesaid ~ day of ,1998, by J. B. Goria. My Commission expires: Notary Public H:~IF..A~URESXO-OI~GORI. I October 7, 1998 Report No. 98-361 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment into Sanitary Sewer Easement 4803 Williamson Road- Tax No. 2170128 The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council authorize the City Manager to execute an agreement with the purchaser at 4803 Williamson Road, N.W., Official Tax No. 2170128, to permit the construction of a 5,000 square foot commercial building over the existing sewer line, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Sarah Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community Samuel Hayes, III, Utility Line Services Manager J. B. Goria, P. O. Box 20269, Roanoke, VA 24018 Report No. 98-361 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: September 21, 1998 ember Water Resources Committee ~se~rV,'~Direc~or~i~i~es~pnd Operations thru W. Robert Herbe~nager Encroachment into Sanitary Sewer Easement 4803 Williamson Road - Tax No. 2170128 Background in chronological order is as follows: Property_ at the corner of Williamson Road and Birchlawn Avenue is under contract to be purchased by J. B. Goria. Purchaser desires to construct a 5,000 square foot commercial building on the property. An existing sewer line and easement cross the property in the area of the proposed building. I1. Current Situation is as follows: Purchaser has reauested permission to construct the building over the existing sewer line. See attached letter. Purchaser has agreed to certain conditions to minimize the potential hazard of constructing a building over the sewer line, as follows: Existing sewer line shall be replaced with ductile iron pipe or encased in concrete or steel. 2. A manhole shall be installed at each end of the new pipe. Members, Water Resources Committee Sanitary Sewer Encroachment - Williamson Road September 21, 1998 Page 2 II1. Issues in order of importance are: A. Need. B. Cost to City. C. Liability insurance. D. Indemnification. IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City_ Council authorize the City_ Manager to execute an agreement with the purchaser at 4803 Williamson Road, NW, Official Tax No. 2170128, to permit the construction of a 5,000 square foot commercial building over the existing sewer line, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 1. Need by purchaser to develop property is met. 2. Cost to City is zero. 3. Liability_ insurance shall be provided as specified in Attachment A. 4. Indemnification of City shall be as specified in Attachment A. Water Resources Committee does not recommend that City Council authorize the City Manager to execute an agreement with the purchaser at 4803 Williamson Road, NW, Official Tax No. 2170128, to permit the construction of a 5,000 square foot commercial building over the existing sewer line, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 1. Need by purchaser to develop property is not met. 2. Cost to City is zero. Members, Water Resources Committee Sanitary Sewer Encroachment - Williamson Road September 21, 1998 Page 3 3. Liability insurance will not be an issue. 4. Indemnification will not be an issue. Water Resources Committee's Recommendation is that City Council authorize the City Manager to execute an agreement with the purchaser at 4803 Williamson Road, NW, Official Tax No. 2170128, to permit the construction of a 5,000 square foot commercial building over the existing sewer line, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 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 Manager, Utility Lines Budget Administrator Mr. J. B. Goria, P. O. Box 20269, Roanoke, VA 24018 J. B. GORIA P. O. BOX 20269 ROANOKE, VA 24018 August 20, 1998 Hand Delivered Mr. Kit Kiser Director of Utilities & Operations City of Roanoke 215 Church Ave., S.W., Room 354 Roanoke, VA 24011 Proposed New Building N.E. Cor. of Williamson Rd. & Birchlawn, Ave. Roanoke, VA Dear Mr. Kiser, Enclosed for your records is a copy of the Roanoke City Sewer Map and a copy of the Zoning Map of the subject property. I am proposing to construct an approximate 5,000 sq. ft. single story building for mercantile use thereon. There is an existing sewer main and easement running across the width of the property and I am seeking permission from the City of Roanoke to construct the proposed building over the sewer line. I understand that I will be required to replace that section of the sewer line which falls under the proposed building with a ductal iron pipe and a manhole on each end. I also understand and agree that I will, at all times, remain responsible for any damage that may occur to the building through the maintenance and use of the sewer line and I am prepared to sign legal documentation satisfactory to the City of Roanoke. Please let me know if you require any further information and I want to thank you in advance for your help and cooperation in this matter. Sincerely, JBG/bh Enclosures 's ATTACHMENT A INSURANCE & INDEMNITY REQUIREMENTS FOR ENCROACHMENTS IN SEWER EASEMENT Owner shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $300,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $300,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. Owner shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over the sewer line and easement. 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 October 23, 1998 File #27-28-468 Edwin C. Hall, President Hall Associates, Inc. 213 S. Jefferson Street, Suite 1007 Roanoke, Virginia 24011 Dear Mr. Hall: I am enclosing four certified copies of Ordinance No. 34038-101998 granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on property commonly known as 218 23rd Street, S. W., identified as Official Tax No. 1051501. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, also adopted by the Council on second reading on Monday, October 19, 1998, and will be in full force and effect ten days following the date of its second reading. The abovereferenced ordinance will be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Edwin C. Hall, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 5 of the ordinance is on file in the Office of the City Clerk. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure Edwin C. Hall October 23, 1998 Page 2 pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Delores C. Daniels, Assistant to the City Manager for Community Relations Samuel Hayes, III, Manager, Utility Line Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34038-101998. AN ORDINANCE granting a license to permit an encroachment of a two-story residential building over existing sewer lines and easements located on the property commonly known as 218 Twenty-third Street, S.W., and bearing Official Tax No. 1051501, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the Edwin C. Hall ("Licensee") and his grantees, assignees, or successors in interest of the proPerty bearing Official Tax No. 1051501, otherwise known as 218 Twenty-third Street, S.W., within the City of Roanoke, to construct and maintain an encroachment in the form of a two-story residential building (the "Structure") over existing sewer lines and easements on such property, as more fully described in a report of the Water Resources Committee dated October 7, 1998. 2. Said license shall be for the life of the Structure only. 3. It shall be agreed by the Licensee that, prior to constructing the Structure, Licensee or its grantees, assignees or their agents or contractors will replace the existing sewer lines with ductile iron pipes or will encase the existing lines in concrete or steel and will install manholes allowing access to such pipes or lines at each end of the Structure. 4. It shall be agreed by the Licensee that, in constructing and maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees from aH claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment over the existing sewer easements. 5. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the mounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Director of Utilities and Operations of the City of Roanoke. 6. The City Clerk shall transmit an attested copy of this ordinance to Edwin C. Hall, HaH Associates, Inc., 213 South Jefferson Street, Suite 1007, Roanoke, Virginia 24011- 1714. 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Edwin C. Hall, has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certi'ficate evidencing the insurance required in Paragraph 5 above is on file in the office of the City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this day of ,1998. Edwin C. Hall COMMONWEALTH OF VIRGINIA § To-Wit: this The foregoing instrument was acknowledged before me in my jurisdiction aforesaid ~ day of ,1998, by Edwin C. H~fll. My Commission expires: Notary Public H:~dF, A~UI~S~.OI~HALI,. I RECEf','EO October 7, 1998 Report No. 98-362 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment into Sanitary Sewer Easement 218 Twenty-third Street, S.W. - Tax No. 1051501 The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council authorize the City ' Manager to execute an agreement with the purchaser at 218 Twenty-third Street, S.W., Official Tax No. 1051501, to permit the construction of a two-story residential building over the existing sewer lines, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW: KBK: afm Attachment cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Sarah Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community Samuel Hayes, m, Utility Line Services Manager Edwin C. Hall, 213 S. Jefferson Street, Roanoke, VA 24011 Report No. 98-362 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: September 21, 1998 TO: FROM: SUBJECT: ee,oembers, yVater Resources Committee r, Utilities and Operations thru City Manager Encroachment into Sanitary Sewer Easement 218 Twenty-third Street, SW- Tax No. 1051501 Background in chronological order is as follows: Property at 218 Twenty-third Street, SW, is under contract to be purchased by Edwin C. Hall. Bo Purchaser desires to construct a two-story residential building on the property. Two existing sewer lines and easements cross the property in the area of the proposed building. II. Current Situation is as follows: Purchaser has reo. uested permission to construct the building over the existing sewer lines. See attached letter. Purchaser has agreed to certain conditions, and to bear the expense thereof, to minimize the potential hazard of constructing a building over the sewer lines, as follows: Existing sewer lines shall be replaced with ductile iron pipe or encased in concrete or steel. 2. A manhole shall be installed at each end of all new pipe. Members, Water Resources Committee Sanitary Sewer Encroachment - Twenty-third Street, SW September 21, 1998 Page 2 III. Issues in order of importance are: A. Need. B. Cost to City. C. Liability insurance. D. Indemnification. IV. Alternatives in order of feasibility are: A. Water Resources Committee recommends that City Council authorize the City Manager to execute an agreement with the purchaser at 218 Twenty-third Street, SW, Official Tax No. 1051501, to permit the construction of a two-story residential building over the existing sewer lines, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 1. Need by purchaser to develop property is met. 2. Cost to City is zero. 3. Liability insurance shall be provided as specified in Attachment A. 4. Indemnification of City shall be as specified in Attachment A. B. Water Resources Committee does not recommend that City Council authorize the City Manager to execute an agreement with the purchaser at 218 Twenty-third Street, SW, Official Tax No. 1051501, to permit the construction of a two-story residential building over the existing sewer lines, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 1. Need by purchaser to develop property is not met. 2. Cost to City is zero. Members, Water Resources Committee Sanitary Sewer Encroachment - Twenty-third Street, SW September 21, 1998 Page 3 Liability insurance will not be an issue. Indemnification will not be an issue. Water Resources Committee's Recommendation is that City Council authorize the City Manager to execute an agreement with the purchaser at 218 Twenty-third Street, SW, Official Tax No. 1051501, to permit the construction of a two-story residential building over the existing sewer lines, under certain conditions. Agreement shall be for the life of the structure only, in a form approved by the City Attorney. 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 Manager, Utility Lines Budget Administrator Mr. Edwin C. Hall, 213 S. Jefferson St., Roanoke, VA 24011 HALL Associates. Inc. New America Network ® Commercial · Industrial ° REALTORS ® 213 South Jefferson Street, Suite 1007 Roanoke, Virginia 24011-1714 August 12, 1998 Kit B. Kaiser Director of Utilities and Operations 215 Church Avenue Roanoke, VA 24011 Edwin C. Hall President CClM, SlOR, CPM, eRE, CRB (540) 982-0011 Voice Tel. (540) 772-5709 FAX (540) 344-1730 Dear Kit: This letter is to request permission to build over an existing sewer line on property located at 218 23rd St. SW. As previously stated, I would agree to encase the pipe as directed by your department and to be responsible for any problems occurring in this line. As previously noted, we will make every effort to build over this line as little as possible but, in order to purchase the property, we have no alternative but to build over at lease a portion of the existing line. If you have any additional questions, please advise. I await a response from you regarding this matter. PRESIDENT ECH/ra Commercial Industrial .*"~"',%~ American Society Certified Certified Investment and Office i t of Real Estate property Real Estate Member Realtors ,,.,,~o,~, Counselors Manager Broker INDIVIDUAL MEMBERSHIPS Your Partner in Real Estate Services Worldwi0e 39 10~0901 $4Z. Z STREET /,Co /00 [ c m-°:s~s°~ - --,T,- /o0 60' 150.O I=~ --STORMWATER MAINT. /I_ LOT 17A (, -J-- 0.276 Ac----i W.G.C. ~5o.o W.E_ IOgl~'13 ~o --4' I~O 105t~o~ ~ /~'0 M.B. I, PG. 1089-1092 WILLIAMSBURG GREEN CONDOS 1051520 UNIT mOl IO51521 " 102 1051522 " 1031 1051511 " 104 2: L,v' ~r~. 5,C..) /~'o 105 ~209 ~ STREET ATTACHMENT A INSURANCE & INDEMNITY REQUIREMENTS FOR ENCROACHMENTS IN SEWER EASEMENT Owner shall obtain liability insurance coverage with respect to claims arising out of the subject matter of this agreement. The amount of such insurance shall not be less than: A. General Aggregate $300,000 B. Products - Completed/Operations Aggregate $1,000,000 C. Personal and Advertising Injury $1,000,000 D. Each Occurrence $300,000 Above amounts may be met by umbrella form coverage in a minimum amount of $1,000,000 aggregate; $1,000,000 each occurrence. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. Owner shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over the sewer line and easement. CITY OF ROANOKE Office of the City Clerk Mary F, Parker, CMC/AAE C~y C~rk · andra H. Eakin Deputy C~y C~rk October 23, 1998 File #20-67-77-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: lam attaching copy of Ordinance No. 34039-101998 releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public right-of-way in connection with the Peters Creek Road Extension Project, subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, also adopted by the Council on second reading on Monday, October 19, 1998, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer H:~AGENDA~ 9.WPO W. Robert Herbert October 23, 1998 Page 2 pc: Sarah E. Fitton, Engineering Coordinator Diane S. AY, em, Budget Administrator, Office of Management and Budget Delores C. Daniels, Assistant to the City Manager for Community Relations John W. Coates, Manager, Parks and Recreation Robert K. Bengtson, Traffic Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34039-101998. AN ORDINANCE releasing a portion of Strauss Park from its dedication to public park and recreational use; dedicating some of that same property as public right-of-way in connection with the Peters Creek Road Extension Project; subject to the former property owner concurring in the releasing of the property from the restriction that it be used as a public park and public recreation area. WHEREAS, by Ordinance No. 30622-072291, adopted July 22, 1991, the City declared a 3.8-acre portion of the westerly 14.773 acres of Strauss Park surplus to the City's needs for public park or recreational purposes and authorized its use in connection with the construction of Peters Creek Road Extension; WHEREAS, there remain four residual portions of Strauss Park that are separated from the park by the roadway and are no longer useful or beneficial for public park and recreational use due to this separation; and WHEREAS, potential purchasers of properties adjacent to two of these residual parcels have requested access to over these parcels to the Peters Creek Road Extension; WHEREAS, the Peters Creek Road Extension Project has been completed, and it is the intent of the Council of the City of Roanoke that Parcels A, B, C and D, as shown on the attachments to the Water Resources Committee report dated October 7, 1998, be released from dedication for public park and recreational use; and that said Parcels A, B. and C be dedicated as public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subject to the former owner concurring in the release of Parcels A, B and C, as shown on the attachment to the Water Resources Committee report dated October 7, 1998, said parcels are released from their dedication by Ordinance No. 16911, adopted April 4, 1966, as public park and recreational lands, and dedicated as public right-of-way, as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. 2. Subject to the former owner concurring in the release of Parcel D, as shown on the attachment to the Water Resources Committee report dated October 7, 1998, said Parcel D is released from its dedication by Ordinance No. 16911, adopted April 4, 1966, as public park and recreational land, as more particularly set forth in the report of the Water Resources Committee, dated October 7, 1998. ATTEST: City Clerk. H: ~J~,Af~J~lr, f \o- fTRA~t. 3. October 7, 1998 Report No. 98-363 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Peters Creek Road Extension Residual Portions of Strauss Park The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council declare the residual portions of Strauss Park as no longer needed for public park and recreational use, and dedicate Parcels A, B and C as public right-of-way, in order to allow access of adjacent landowners to Peters Creek Road Extension, subject to obtaining a release from the former property owner, in accordance with conditions stated in the attached report. Respectfully submitted, Water Resources Committee LFW:KBK:afm Attachment cc~ Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Sarah Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community John W. Coates, Manager, Parks & Recreation Robert K. Bengtson, Traffic Engineer Report No. 98-363 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: September 21, 1998 ~e,m~ be rs,~.V~.te, r Resources Committee Kit Bt Kiser, Direqtor, r~Utili~ie.~s and Operations thru W. Robert Herbe~t~nager Peters Creek Road Extension Residual Portions of Strauss Park II. Background in chronological order is as follows: Ao Alignment of Peters Creek Road Extension, which passes through Strauss Park, was approved by City Council on March 5, 1990. B. Construction of Peters Creek Road Extension throuoh Strauss Park reauired the City to declare a portion of Strauss Park no longer needed for park purposes in order to dedicate the necessary right-of-way. A release from the property owner who donated the land to the City was obtained at that time. Construction of the roadway is now complete. There are four residual parcels of former park land that are separated by the roadway from the park which were not dedicated as right-of-way. See attached map. Peters Creek Road is a "controlled access" segment at this location. This means that all access to Peters Creek Road must have the concurrence of the Virginia Department of Transportation (VDOT). Current Situation is as follows: Property_ is of no benefit as a Dark due to its separation from the park by the roadway. Members, Water Resources Committee Peters Creek Road Extension Residual Portions of Strauss Park September 21, 1998 Page 2 Requests have been received from potential purchasers of properties adjacent to two of these parcels (Parcels B & C) for access to Peters Creek Road across City property. III. Issues in order of importance are: A. Need B. Time schedule C. Park Impact IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council declare these residual portions of Strauss Park as no longer needed for public park and recreational use, and dedicate Parcels A, B and C as public right-of-way, in order to allow access of adjacent landowners to Peters Creek Road Extension. Need of adjacent landowners for access to Peters Creek Road Extension is met. Time schedule to resolve access issues as quickly as possible for potential purchasers is met. Park Impact is minimal. Property cannot be utilized for park or recreational purposes due to its separation from the park by the new roadway. A new release for the additional land will need to be obtained from the property owner who donated the land to the City. Water Resources Committee does not recommend that City Council declare these residual portions of Strauss Park as no longer needed for public park and recreational use, and dedicate Parcels A, B and C as public right-of-way, in order to allow access of adjacent landowners to Peters Creek Road Extension. Members, Water Resources Committee Peters Creek Road Extension Residual Portions of Strauss Park September 21, 1998 Page 3 Need of adjacent landowners for access to Peters Creek Road Extension is not met. Time schedule to resolve access issues for potential purchasers is not met. Park Impact will not change. Property cannot be utilized for park or recreational purposes due to its separation from the park by the new roadway. A release will not be required. Water Resources Committee recommends that City Council declare these residual portions of Strauss Park as no longer needed for public park and recreational use, and dedicate Parcels A, B and C as public right-of-way, in order to allow access of adjacent landowners to Peters Creek Road Extension, subject to obtaining a release from the former property owner and in accordance with Alternative "A". WRH/KBK/SEF Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Manager, Parks and Recreation Traffic Engineer Budget Administrator Engineering Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE Cay Clerk 8andra H. Eakin Deputy City Clerk October 23, 1998 File ff.44-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34041-101998 declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, also adopted by the Council on second reading on Monday, October 19, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development Charles M. Huffine, City Engineer H:~GENDAgS~OCT1 g. WI~ W. Robert Herbert October 23, 1998 Page 2 pc: Diane S. Akers, Budget Administrator, Office of Management and Budget Delores C. Daniels, Assistant to the City Manager for Community Relations D. Darwin Roupe, Manager, Supply Management Glenn A. Asher, Manager, Risk Management Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of October, 1998. No. 34041-101998. AN ORDINANCE declaring the City Nursing Home structure at Coyner Springs surplus property and authorizing its demolition. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The former City Nursing Home owned by the City and located at 4365 Coyner Springs Road, N. E., Roanoke, Virginia hereby declared to be surplus to the City's needs. 2. The City Manager or his designee is authorized to provide for the demolition of the structure only (not the real property) as more particularly set forth in the report of the Water Resources Committee dated October 7, 1998. ATTEST: City Clerk. RECEIVE? '98 2? 25 P!:25 October 7, 1998 Report No. 98-366 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Demolition of Surplus City-owned Property Coyner Springs Nursing Home The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council declare the nursing home structure (not the real property) as surplus property and authorize the demolition of said structure, as may be deemed appropriate by the City Manager or his designee, in accordance with conditions stated in the attached report. Respectfully submitted,  '~4~'~ Chairp e rs~~o n~t~'~ Water Resources Committee LFW:KBK:afm Attachment cc: Wilburn C. Dibling, Jr., City Attomey James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Glenn D. Radcliffe, Director of Human Development Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator D. D. Daniels, Assistant to City Manager for Community D. D. Roupe, Manager, Supply Management Glenn A. Asher, Risk Manager Sarah Fitton, Engineering Coordinator Report No. 98-366 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: September 21, 1998 W~R.b~ee~~~r ,~eDiate r Rase u rces Committee ~e ~Ct~a;~dr Operations thru Demolition of Surplus City-owned Property Coyner Springs Nursing Home Background in chronological order is as follows: A. City Nursing Home at Coyner Springs was erected in 1939 as a tuberculosis sanitarium. Facility is of masonry construction and contains approximately 19,600 square feet on one level, with a partial basement. Co Facility has been vacant and requires continued maintenance. The City has no use for the building that would not require considerable expenditure for renovation and maintenance and even then the building would still be remotely located. I1. Current Situation is as follows: Nursing Home Facility is no longer needed by the City as we no longer provide nursing care to our citizens. It may be demolished or otherwise disposed of as surplus property. The real property (land) will remain City property. The Facility has become a potential liability and maintenance issue for the City. Heat, water and electricity have been maintained to prevent undue deterioration. Members, Water Resources Committee Demolition of Surplus City-Owned Property Coyner Springs Nursing Home September 21, 1998 Page 2 III. Issues in order of importance are: A. Need B. Cost to City C. Savings to City. D. Environmental Concern IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council declare the nursing home structure (not the real property) as surplus property and authorize the demolition of said structure, as may be deemed appropriate by the City Manager or his designee. 1. Need no longer exists for a nursing home facility at Coyner Springs. Cost to City_ will be the cost of demolition, approximately $50,000. Source of funds for demolition are to be identified later. Savings to City_ will be the cost of continued maintenance and the provision of utilities. Environmental Concern is that structures of this period may contain asbestos. Any asbestos found would have to be abated prior to demolition. Bo Water Resources Committee does not recommend that City Council declare the nursing home structure (not the real property) as surplus property and authorize the demolition of said structure, as may be deemed appropriate by the City Manager or his designee. 1. Need for facility still does not exist. Members, Water Resources Committee Demolition of Surplus City-Owned Property Coyner Springs Nursing Home September 21, 1998 Page 3 2. Cost to City will be the cost of continued maintenance and utilities. 3. Savings to City will be the cost of demolition. 4. Environmental Concern will not be an issue. Water Resources Committee's Recommendation is that City Council declare the nursing home structure (not the real property) as surplus property and authorize the demolition of said structure, as may be deemed appropriate by the City Manager or his designee, in accordance with Alternative "A". WRH/KBK/SEF CC; City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Director of Human Development Assistant to City Manager for Community Relations City Engineer Manager, Office of Supply Management Manager, Risk Management Budget Administrator Engineering Coordinator Mary F. Parker, CMCIAAE Cay Cbrk CITY OF ROANOKE Office of the City Clerk October 23, 1998 File #24-27-468 · andra H. Eakin r~puty ci~ c~erk James D. Grisso Director of Finance Roanoke, V'trginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34044-101998 amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days aRer the billing date and a penalty often percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, effective on and after January 4, 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, and also adopted by the Council on second reading on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Sesse A. Hall, Deputy Director of Finance Gladys L. Yates, Assistant City Attorney Jesse H. Perdue, Jr., Manager, Water Department Dana D. Long, Chie~ Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34044-101998. AN ORDINANCE amending the Rules and Regulations for the Provision of Water Service dated October 22, 1984, to provide a payment due date for water and sewer bills not less than twenty days after the billing date and a penalty often percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, and providing for an effective date thereof. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Rule 31 of the Rules and Regulations for the Provision of Water Service dated October 22, 1984, is hereby amended to provide for a payment due date for water and sewer bills not less than twenty days after the billing date, in accordance with the terms and conditions set out in the report of the Water Resources Committee, dated October 7, 1998. 2. The Rules and Regulations for the Provision of Water Service dated October 22, 1984, are hereby amended by adding Rule 31.2 to provide a penalty often percent (10%) with a two dollar ($2.00) minimum for delinquent water and sewer bills, in accordance with the terms and conditions set out in the Water Resources Committee report dated October 7, 1998. 2. This ordinance shall be in effective on and after January 4, 1999. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y Cklrk CITY OF ROANOKE Office of the City Clerk October 23, 1998 8andra H. Eakin Deputy cay C~rk File ~24-27-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34045-101998 amending Section 2.178.1, Interest rates on overdue accounts, of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, by excluding water and sewer accounts from having an interest charge imposed and by changing the reference from Section 15.1 to Section 15.2 of the Code of Virginia, effective on and after January 4, 1999. The abovereferanced measure was adopted by the Council of the City of Roanoke on first reading on Wednesday, October 7, 1998, and also adopted by the Council on second reading on Monday, October 19, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia James D. Grisso October 23, 1998 Page 2 pc: The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate W. Robert Herbert, City Manager Gladys L. Yates, Assistant City Attorney Jesse A. Hall, Deputy Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Water Department Manager Dana D. Long, Chief of Billings & Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of October, 1998. No. 34045-101998. AN ORDINANCE amending §2.178.1, Interest rates on overdue accounts_ of Article VIII. Finance Generally~ of Chapter 2, Administration~ of the Code of the City of Roanoke (1979), as amended, by the excluding water and sewer accounts from having an interest charge imposed and by changing the reference from § 15.1 to § 15.2 of the Code of Virginia, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2.178.1, Interest rates on overdue accounts of Article VIII. F~ance ~ of Chapter 2, Administration~ of the Code of the City of Roanoke (1979), as amended, be, and is hereby, amended and reordalned to read and provide as follows: Sec. 2.178.1. Interest rates on overa,,~ accounts. Interest at the rate established by section 15.2-105, Code of Virginia (1950), as amended, shall be assessed upon the principal and penalty on any overdue city accounts, excluding tax accounts and water and sewer accounts, from the first day following the day such account is due. 2. This ordinance shall be effective on and after January 4, 1999. ATTEST: City Clerk. H:~ASURES~3-AMINT. I '98 ~?" 25 P1 :/,'i~ October 7, 1998 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Late Payment Penalty for Unpaid Water/Sewer Bills The attached staff report was considered by the Water Resources Committee at its regular meeting on September 21, 1998. The Committee recommends that Council authorize the assessment of a ten percent (10%) penalty with a two dollar ($2.00) minimum on unpaid water/sewer bills; amend the Rules and Regulations for the Provision of Water Service, as provided in Attachment C; and amend Section 2-178.1 of the City Code to exclude water/sewer bills from the requirement that interest be charged, in accordance with conditions stat.ed in the attached report. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Jesse A. Hall, Deputy Director of Finance Gladys L. Yates, Assistant City Attorney Jesse H. Perdue, Jr., Water Department Manager Dana D. Long, Chief of Billings & Collections 1 September 21, 1998 Chairperson Linda Wyatt and Members of the Water Resources Committee Roanoke, Virginia Dear Ms. Wyatt and Members of the Water Resources Committee SUBJECT: Late payment penalty for unpaid water/sewer bills I. BACKGROUND: In 1996, the Utility Information System Team (the "Team") was formed to develop specifications for a new utility billing system and to evaluate and re-engineer business practices. The Team reviewed the payment and delinquent bill processing and recommended that a late payment penalty be charged on unpaid water/sewer bills. The Team gathered information from many localities and utilities and found that penalty and/or interest are assessed in the majority of those surveyed. See Attachment A. Bo Co Currently, penalty and interest are assessed on the majority of our late taxes and fees, but are not assessed for late payment on water/sewer bills due largely to computer system constraints. The new utility billing system authorized by City Council in March 1998, will provide the capability to assess penalty and interest. The target date for the new utility billing system to be fully operational is January 4, 1999. The Team is not recommending that interest be charged. However, Section 2-178.1 of the Code of the City of Roanoke ("the City Code") provides that interest at a rate established by Section 15.1-37.3:6 of the Code of Virginia must be assessed upon principal and penalty on any overdue City account, excluding tax accounts from the first day following the day such account is due. Late payment fees are an incentive for timely payment. We average 60 service terminations for non-payment per week. It is costly to the City to terminate water service for non-payment because it involves one to three service trips to the customer's location. One trip is for the service termination and a corresponding trip is made to turn on the service after payment has been made, and another trip may be for meter removal when the meter cannot be locked on the first trip. Unpaid bills result in increased staff time, postage, and printing costs in addition to the costs of field staff work. Currently, water/sewer bills are due within 15 days. The Team recommends increasing the length of time to pay the original bill to 20 days. Currently, a delinquent notice is mailed 7 days after the due date of the original bill. The delinquent notice has a due date of 7 days. If 7 additional days expire and payment still has not been made, the service is terminated for non-payment. Under the current system, a customer has approximately 39 days to pay before the account is scheduled for termination. With increasing the due date of the original bill to 20 days, a customer will have approximately 44 days before the account is scheduled for termination. See Attachment B. The customer will have 34 days from the date the original bill is mailed before the penalty will be imposed. The Team recommends a 10% late payment penalty with a $2.00 minimum penalty. The Team recommends that a bill not be considered "past due" for application of penalty until the subsequent "delinquent notice" billing becomes past due. Customers will have 34 days before a penalty will be added to their unpaid bill. This delay in adding penalty would minimize the instances where automatically applied penalty might create the need for adjustments due to postmarks, processing time, weekends; and, to assure that our customers have adequate time to pay on a current basis. This procedure is similar to that used other utility companies. The penalty applied to an average water/sewer bill of $50.00 paid late would result in a $5.00 penalty. II. III. CURRENT SITUATION We issue approximately 33,000 delinquent notices (bills) annually for water/sewer bills that are not paid on time. We perform approximately 3,000 terminations of service for non-payment annually. A penalty is needed as an incentive for timely payment and to reduce the volume of delinquent notices and terminations. B. The majority of city taxes and fees provide for penalty and/or interest. The new utility billing system will provide us the capability to assess penalty effective January 4, 1999. ISSUES: Operational Efficiency Cost Avoidance IV. Alternatives in order of feasibility: mo Authorize an amendment to the Rules and Regulations for the Provision of Water Service dated October 22, 1984 to provide that a penalty of ten percent (10%) with a two dollar ($2.00) minimum be applied to unpaid water/sewer bills with an effective date of January 4, 1999; and, to provide an extension of the payment due date to 20 days. Amend Section 2-178.1 of the City Code to exclude water/sewer accounts from having an interest charge imposed. Operational efficiency will be enhanced. It is standard business practice to impose a late payment penalty on unpaid accounts. Penalties serve as an incentive for timely payment Cost avoidance will be realized. When timely payments are increased and delinquencies are decreased, corresponding costs for field work will also be decreased. Not authorize a penalty for unpaid water/sewer bills. The Rules and Regulations for the Provision of Water Service dated October 22, 1984 will not need to be amended. The City Code will still need to be amended to exclude water/sewer accounts from having a interest charge imposed. 1. Operational efficiency will not be enhanced. 2. Cost avoidance will not be realized. Recommendation Authorize assessment of a ten percent (10%) penalty with a two dollar ($2.00) minimum on unpaid water/sewer bills; amend the Rules and Regulations for the Provision of Water Service as provided in Attachment C; and, amend Section 2-178.1 of the City Code to exclude water/sewer bills from the requirement that interest be charged. Attachments Respectfully Submitted Dana D. Long Chief, Billings and Collections C: James D. Grisso, Director of Finance Kit Kiser, Director, Utilities & Operations Jesse Hall, Deputy Director of Finance Gladys Yates, Assistant City Attorney Jesse Perdue, Manager, Water Department Late Payment Rates Charged by Other Localities and Utilities Attachment A City of Salem Roanoke County City of Norfolk $5 per utility (water, sewer, electric) $15 10% late payment penalty, no interest 10% finance charge per year computed daily, begins to accrue on bills remaining unpaid 3 5 days after monthly billing Henry County Service Authority 10% American Electric Power Company (AEP) Bell Atlantic Roanoke Gas Company late payment penalty, no interest 1.5% per month - 18% annual fee 1.5% per month - 18% annual fee 1.5% per month - 18% annual fee Prince William County 10% late payment penalty City of Chesapeake 12% annual late charge Loudon County 10% late payment penalty City of Falls Church 10% late payment penalty, no interest Arlington County 10% late payment penalty, no interest after 30 days City of Lynchburg 5%, late payment penalty, no interest Town of Blacksburg 10% late payment penalty, 10% interest Hampton Roads Sanitation District 10% late payment penalty Fairfax County 10% if unpaid within 30 days, no interest Attachment B Bill Bill due date Delinquent Delinquent Service Total generated expires Notice Notice due Termination Time w/due date generated w/ date expires Scheduled due date 15 days 7 days 7 days 7 days 36 days Average time until service termination 3 days 39 days total Bill Bill due date Delinquent Delinquent Service generated w/ expires Notice Notice due Termination due date generated w/ date expires Scheduled due date *Penalty applies 20 days 7 days 7 days 7 days 41 days Days until penalty imposed * 34 days Average time until service termination [ 3 days 44 days total The Delinquent Notice will state the amount of penalty owed if not paid by the due date. The amount of penalty owed will be automatically added to the customer's account if the delinquent notice is not paid. Note: Service Terminations are only performed on Tuesdays, Wednesdays, and Thursdays. Rules and Regulations for the Provision of Water Service Attachment C Rule 31. Effective Janu~ 4, 1999, the bills for se~ice shall be~ a payment due date not less th~ ~en~ days a~er the billing dae. Rule 31.2 Effective January 4, 1999, the Office of Billings and Collections shall be required to assess penalty in the amount of ten percent (10%) with a minimum penalty of two dollars ($2.00) upon delinquent water/sewer bills. The penalty is imposed on the date that the delinquent notice becomes past due. Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk October 23, 1998 File #104-132 Sandra H. Eakin Deputy C~y C~rk 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, October 19, 1998, Council Member Wyatt referred to photographs that were placed on the Council dais prior to the meeting with regard to certain alleged violations of City ordinances. She requested that you investigate the concerns and report to Council accordingly. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc'. William F. Clark, Director, Public Works H:~QENDAg~OCT19.Wt=O 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 19th day of October, 1998, DAVID M. PRINCE was appointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2002. Given under my hand and the Seal of the City of Roanoke this 23rd day of October, 1998. City Clerk H:~GENOA~OCT1 O.WI~ 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 19th day of October, 1998, RAMEY A. BOWER, SR., was reappointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2002. Given under my hand and the Seal'of the City of Roanoke this 23rd day of October, 1998. City Clerk H:~.GENDAg~OCT19.W~) 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 19th day of October, 1998, JOHN W. BROWN, JR., was reappointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2002. Given under my hand and the Seal'of the City of Roanoke this 23rd day of October, 1998. City Clerk 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 19th day of October, 1998, ROBERT K. BENGTSON, was reappointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2002. Given under my hand and the Seal'of the City of Roanoke this 23rd day of October, 1998. City Clerk H:~AGENDA~OCT19.WI=O 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 19th day of October, 1998, CARROLL E. SWAIN, was reappointed as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2002. Given under my hand and the Sea~ of the City of Roanoke this 23rd day of October, 1998. City Clerk H:~M3~19.WPO