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HomeMy WebLinkAboutCouncil Actions 09-21-98Wyatt 34015 ROANOKE CITY CO UNCIL REGULAR SESSION September 21, 1998 12:lS p. na CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order A. -- Roll Call. All Present. A briefing with regard to the Civic Center Business Plan. (20 minutes) Received and fried. File #192 Recess and reconvene at 2:00 p.m., in the City Council Chamber. At 12:55 p.m., the meeting was declared in recess until 2:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION September 21, 1998 2:00 p. na CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. Ail Present The Invocation was delivered by Mayor David A. Bowers. The Pledge of Alleg/ance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 2 Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, September 24, 1998, at 7:00 p.m. ANNOUNCEMENT~q: 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. PRESENTATION Presentation of Certificates of Appreciation to City employees who participated in a slow pitch softball game to benefit Toys for Tots on August 12, 1998. Chief Kevin T. Jordan, Naval & Marine Corps Reserve. 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. 3 C-1 C-2 C-3 A communication t~om 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. A communication fi.om Mayor David A. Bowers requesting an Executive Session to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132-496 Executive Session. Qualification of the following persons: Lawrence E. Johns as a member of the Architectural Review Board for a term ending October 1, 2001; File #15-110-249 Beverly A. James as a member of the Cultural Set-vices Committee for a term ending June 30, 1999; File #15-110-394 Ann D. Masters as a member of the Roanoke Arts Commission for a term ending June 30, 2001; File #15-110-230 Georgetta A. Welsh as a member of the Roanoke Arts Commission for a term ending June 30, 2000; and File 015-110-230 4 Christie M. Kelsey as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2002. File #15-110-178 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Briefing with regard to the Southern Region Educational Board. Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools. (10 minutes) Deferred until a later date. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting appropriation of $50,000.00 in State Literary Fund loan proceeds to be used for landscaping improvements at Huff Lane MicroVillage, and $397,275.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for summer capital projects; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 34015-092198. (7-0) File #60-467 bo A communication fi.om Alvin Nash, President, Blue Ridge Homing Development Corporation, transmitting a petition requesting adoption of a Resolution in support of the organization's request to obtsin tax-exempt status fi.om the General Assembly of Virginia on certain real property located at 510 11th Street, N. W. The request was referred to the City Manager and the City Attorney for study, report and recommendation to Council. It was requested that the following information be provided within 90 days: What is the funding source(s) of Blue Ridge Housing Development Corporation? What is the total number of tax exempt properties located within the City of Roanoke; and the number of tax exempt properties in the City compared with cities of comparable size? What is the cost to the City of Roanoke to provide exemptions from the real property tax? Is the 20 percent payment in lieu of taxes sufficient to cover lost revenue? File #79-178 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending appropriation of $150,000.00 in connection with bridge maintenance needs for fiscal year 1998-99. Adopted Ordinance No. 34016-092198. (7-0) File #60-102 A report recommending execution of an agreement with Biddle Enviro Technical Service, Inc., to produce an Operations and Maintenance Manual for the Water Pollution Control Plant. Adopted Resolution No. 34017-092198. (7-0) File #468 A report recommending acceptance of a Local Government Challenge Grant, in the mount of $4,750.00, from the Virginia Commission for the Arts; and appropriation of funds in connection therewith. Adopted Ordinance No. 34018-092198 and Resolution No. 34019-092198. (7-0) File #60-236 A report recommencling transfer of $10,764.00 in connection with operation of Community Education Programs at Fallon Park and Hurt Park Elementary Schools. Adopted Ordinance No. 34020-092198. (7-0) File #60-467 7 A joint report of the City Manager and the City Attomey addressing issues raised by City employees at the City Council meeting on August 17, 1998, concerning the City's grievance procedure. Received and fried. (Council Member Wyatt voted no.) File 0184-202 6. REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending award of a contract to S. J. Conner and Sons, Inc., in the amount of $94,457.00, for construction of two 12,000 gallon fiberglass fuel storage tanks and related work to be located behind the Parks and Recreation headquarters at 210 Reserve Avenue, S. W.; and transfer of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 34021-092198 and 34022-092198. (7-0) File/t60-67 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34000, on second reading, authorizing the City Manager to execute a Parking Agreement with Carilion Health System (Carillon) to provide for parking permits as part of the relocation of job positions from outside Enterprise Zone One to within Enterprise Zone One. Adopted Ordinance No. 34000-092198 on second reading. (Council Member Wyntt abstained from voting), File #21-221-266 (6-0) bo Ordinance No. 34007, on second reading, authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc. Adopted Ordinance No. 34007-092198 on second reading. (7-0) File #262-386 Co A Resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday, October 7, 1998. Adopted Resolution No. 34023-092198. (7-0) File #132 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. It was the consensus of Cotmcil that the City Manager and the City Attorney would be requested to review the City's Ordinance in regard to removal of abandoned vehicles on private property to determine if the measure should be amended to include stronger compliance regulations. File 051-66-132 Council Member Swain referred to the practice of some localities of using cameras in areas of high crime which ultimately have led to a reduction in the crime rate, and inquired if cameras are used in the City of Roanoke. The City Manager advised that the City is beginning to use cameras in the neighborhoods and there will be a growing use of the equipment in the future. File #5 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 1412 Moorman Road, N. W., advised that a curfew should be imposed in areas of high crime which will lead to a reduction in the crime rate. File #5 Mr. Shah~.~! Omar, 1219 Loudon Avenue, N. W., expressed concern with regard to certain alleged illegal activities taking place at a local night club located on Salem Avenue, S. W. He requested that the City investigate the matter and take corrective action. It was the consensus of Council that the matter would be referred to the City Manager for appropriate response. File #5-66 CERTIFICATION OF EXECUTIVE SESSION: (6-0) (Council Member White left the meeting following the Executive Session). D. Bailey Tyler was appointed to the Roanoke Arts Commission for a term ending June 30, 2000. File #15-230 Council Member James O. Trout was appointed as a City Representative to the First Virginia Regional Facility Authority. File #15-526 At 4:25 p.m., the meeting was declared in recess until 7:00 p.m., in the City Council Chamber. l0 ROANOKE CITY CO UNCIL REGULAR SESSION September 21, 1998 7: 0 0 p. rrr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member White was absent The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. PRESENTATIONS A Proclamation declaring October 2, 1998, as Roanoke Valley Chess Club Day. File #3 AO HEARING OF CITIZENS UPON PUBLIC MATTERS: Request of the Ridgewood Park Neighborhood League to address Council with regard to a neighborhood park. Kenneth L. Bevin% President, Spokesperson. Received and filed. File #67-165 B. PUBLIC HEARINGS: Public hearing on the request ofRIA, LLC, that a tract of land located on the west side of Hollina Road, N. E., identified as a portion of Ol~cial Tax No. 3140301, be rezoned fi-om HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Michael K. Smeltzer, Attorney. (See communication fi-om Mr. Smeltzer requesting that the matter be tabled until Monday, October 19, 1998.) The matter was tabled until the regular meeting of Council on Monday, October 19, 1998, at 7:00 p.m. Public hearing on the request of the City of Roanoke to make application to the Virginia Department of Housing and Community Development to amend the boundaries of Enterprise Zone Two. W. Robert Herbert, City Manager. Adopted Resolution No. :34024-092198. (5-1) (Council Member Swain voted no.) File #266 C. 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. Kevin Jinks and Abjab Karkenny, representing Kings Inferno Corporation, a music venue and restaurant located at 324 Salem Avenue, S. W., addressed Council with regard to an alleged unusual amount of attention by the Roanoke City Police Department to a certain segment of the patrons of their establishment, specifically young black youth; unprofessional conduct by members of the Police Department; and the release of a statement by the Police Department to the news media wrongly associating their business with a local murder, which events have had a severe economic impact on their restaurant. It was the consensus of Council that the remarks of Messrs. Jinks and Karkenny would be received and fled and referred to the City Manager for appropriate response. File #5-66 13 '98 SE? 17 P~:15 September 21, 1998 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda for a briefing pertaining to the Civic Center Business Plan. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm cc: City Attorney Director of Finance Business Plan Roanoke Civic Center Objectives Staff Reorganization Increased Emphasis on Marketing and Customer Service New Revenue Streams In-House Food & Beverage Operations Reduction of Deficit Physical Facility Improvements Marketing Plan · Image - Staff Event Driven - Public Relations · Full-Service Facility · Increase Usage - Event Creation - Promote & Co-promote events - Emphasis on promoter & agency development · Professional Development Of Staff ROANO CIVIC CENTER Current Capital Projects- $706,500 · Food & Beverage Operation -$200,000 · Half-House Curtain - $50,000 · Acoustical Shell - $30,000 · ADA Issues - $50,000 · Building Identification - $20,000 · Williamson Road Marquee- $105,000 Identification Kiosks - $30,000 Novelty Stands - $~0,000 Office Renovation - $10,000 · Forklift, Parking Lot Sweeper, Truck, Haulster- $109,000 · Energy Systems Audit-$25,000 · Physical Facility Assessment- $25,000 · Box Office Equipment- $5,000 · Radios - $2,500 · Security System -$30,000 ('97-98 budget) · Auditorium Intercom System -$5,000 Future Capital Needs- $3,305,000 · Food & Beverage Operation -$250,000 · Off Premises Signage - $100,000 · Replace Exhibit Hall Roof-$250,000 · HVAC-$1,000,000 · Lighting Systems - $500,000 · Coliseum Seating - $650,000 · ADA Issues - $280,000 · Parking Lot Improvements - $250,000 · Concrete Ramps & Sidewalks -$25,000 · Long Term Capital Needs Assessment Long-Term Needs Assessment ============================================= ~::iiiii~:::::':'"'"" ........... -~i~::i::i::~ ~ · Physical Facility Assessment - Assessment of parking needs and traffic flow patterns - Evaluation of exhibit, meeting room and banquet space - Future use needs and industry changes - Facility improvements required to meet future needs - Additional facilities required to meet future needs. · Master plan for future public assembly facilities for the community Additional Support Needed · ABC permit for Food & Beverage Operation · Change in City Tax Code to delete tax on complimentary tickets · VDOT assistance with off premises directional signage · · ProJected Reduction 500 400 300 200 100 Deficit Reduction inI Deficit CIVIC CENTER 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 September 21, 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, Mayor DAB:se DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 September 21, 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 a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. Sincerely, ~avid A. Bowers Mayor DAB:se 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 September 23, 1998 File #15-110-249 SANDRA H. EAKIN Deputy City Clerk Robert B. Manetta, Chair Architectural Review Board 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: This is to advise you that on September 21, 199~, Lawrence E. Johns qualified as a member of the Architectural Review Board for a term ending October 1, 2001. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Evelyn S. Lander, Secretary, Architectural Review Board Sandra H. Eakin, Deputy City Clerk '98 $~P-8 P~:20 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lawrence E. Johns, 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 Architectural Review Board for a term ending October 1, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of 1998. ARTHUR B. CRUSH, III, CLERK C:M~,UG17C.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 September 23, 1998 File #15-110-394 Frances L. Keen, Vice-Chair Cultural Services Committee 1226 Rugby Boulevard, N. W. Roanoke, Virginia 24017 Dear Ms. Keen: This is to advise you that on September 21, 1998, Bevedy A. James qualified as a member of the Cultural Services Committee for a term ending June 30, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Glenna O. Ratcliffe, Secretary, Cultural Services Committee Sandra H. Eakin, Deputy City Clerk S~,~,,~ -8 P4:20 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Beverly A. James, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Cultural Services Committee for a term ending June 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this Z/. day of ~ ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:'~CKLOl~AGENDA98~JUNE15.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 September 23, 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 September 21, 1998, Ann D. Masters and Georgetta A. Welsh qualified as members of the Roanoke Arts Commission for terms ending June 30, 2001 and June 30, 2000, respectively. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io pc: Lanell Otey, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ann D. Masters, 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, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this day 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:~,CKLO1~,GENDA98~J U NE15,WPD '98 %~J'-3 P3:55 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Georgetta A. Welsh, 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 thi~'v da~of~--~~'~'' ~[998. ARTHUR B. CRUSH, III, CLERK C:~,UG17C,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 September 23, 1998 File #15-110-178 SANDRA H. EAKIN Deputy City Clerk Willis M. Anderson, Chair City of Roanoke Redevelopment and Housing Authority 2601 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Anderson: This is to advise you that on September 21, 1998, Christie M. Kelsey qualified as a Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk '98 gE?14 P.3:27 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christie M. Kelsey, 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 Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this. /~ day of.~)C~J~./1998. ! ARTHUR B. CRUSH, III, CLERK ( , DEPUTY CLERK C:~,UG17C.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 September 23, 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. 34015-092198 amending and reordaining certain sections of the 1998-99 School and School Capital Projects Fund Appropriations, providing for appropriation of $50,000.00 in State Literary Fund loan proceeds, in connection with landscaping improvements at Huff Lane MicroVillage, and $397,275.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for summer capital projects. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 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 21st day of September, 1998. No. 34015-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School and School 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 School and School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: School Fund Appropriations Education Facilities (1-6) ............................................. Fund Balance Reserved for CMERP - Schools (7) ............................ $ School Capital Proiects Fund Appropriations Huff Lane Microvillage School Improvements (8-10) ................ $ Revenue Due from State Literary Fund - Huff Lane (11) .................... $ 1) Books and Subscriptions 2) Additions - Machinery and Equipment 3) Buildings (030-060-6006-6111-0613) (030-060-6006-6681-0821 ) (030-060-6006-6681-0851 ) 294,927 14,914 27,763 $ 93,475,862 1,127,060 397,275 2,316,700 5,050,000 4) Replacement- Machinery and Equipment 5) Additions - Furniture and Fixtures 6) Buildings 7) Reserved for CMERP - Schools 8) Replacement- Capital Outlay 9) Replacement - Other Capital Outlay 10) Additions - Other Capital Outlay 11 ) Due from State Literary Fund - Huff Lane (030-060-6006--6682-0801) (030-060-6006-6683-0822) (030-060-6006.6896-0851) (030-3324) (031-060-6089.6896-0807) (031-060.6089-6896-0809) (031-060-6089-6896-0829) $ 5,361 16,944 37,366 (397,275) 22,268 22,732 5,000 (031-1323) 50,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. City of Roanoka Roanoka, Virginia September 21, 1998 FROM: SUBJECt. 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: $50,000 in State Literary Fund loan proceeds to be used for landscaping improvements at Huff Lane MicroVillage. Funds will be provided from literary funds. $397,275 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for summer capital projects. The funds will be used for textbook adoptions, district- wide facility maintenance, alteration of transportation facilities, district-wide paving repairs, modular classroom installations, replacement of grounds equipment, district- wide furniture needs, facility improvements for Huff Lane, Ruffner, and Woodrow V~rflson, and handicap access. We recommend that you concur with this request of the School Board. ~D~ecto~ of Finance JDG/DG/pac Attachments c: Debbie Glossbrenner, Financial Systems Accountant '~~1~ 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. aox 13145, Roanoke, Virginia 24031 · 540-853-2381 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Lee, Clerk of the Board · Fax: 540-853-2951 September 9, 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 September 8 meeting, the School Board requests the following appropriations: $50,000.00 in State Literary Fund loan proceeds to be used for landscaping improvements at Huff Lane MicroVillage. Funds will be provided from literary funds. $397,275.00 from the 1998-99 Capital Maintenance and Equipment Replacement Fund for summer capital projects. The funds will be used for textbook adoptions, district-wide facility maintenance, alteration of transportation facilities, district-wide paving repairs, modular classroom installations, replacement of grounds equipment, district-wide furniture needs, facility improvements for Huff Lane, Ruffner, and Woodrow Wilson, and handicapp access. The Board appreciates the approval of these requests. Sincerely, Cindy Iq. 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) Preparing Students for Success Mary F. Parker, CMCIAAE c~y Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: CITY OF ROANOKE Office of the City Clerk September 23, 1998 File #79-178 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia ~andra H. Eakin Deputy City Clerk I am enclosing copy of a communication from Alvin Nash, President, Blue Ridge Housing Development Corporation, transmitting a petition requesting adoption of a resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located at $10 1 lth Street, N. W., which communication was before the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. On motion, duly seconded and unanimously adopted, the request was referred to the City Manager and the City Attorney for study, report and recommendation to Council. It was also requested that the following information be provided within 90 days: 1. What is the funding source(s) of Blue Ridge Housing Development Corporation? o What is the total number of tax exempt properties located within the City of Roanoke; and the number of tax exempt properties in the City compared with cities of comparable size? ° What is the cost to the City of Roanoke to provide exemptions from the real property tax? Is the 20 percent payment in lieu of taxes s_u~cient to cover lost revenue? N:~..KLO1 ~AGENDA98~,~EP21 .WPD W. Robert Herbert W'flburn C. Dibling,/Ir. September 23, 1998 Page 2 Sincerely, Mary F. Parker, CMC/AAE City Clerk MYP:lo pc.' Alvin Nash, President, Blue Ridge Housing Development Corporation, 14:5 Campbell Avenue, S. W., Roanoke, V'trginia 24011 H:~AGEN~ .WI:~ VIRGINIA: ? ct.v, -~ IN THE COUNCIL OF THE CITY OF ROANOKE '98 ?3:40 RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X. SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Blue Ridge Housing Development Corporation, P.O. Box 20708, Roanoke, Virginia 24018, a Virginia, non-stock, not for profit corporation has purchased a certain real property located at 510 11 th Street, N.W., in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID # 2110105. After significant rehabilitation, the building will be used for the purpose of housing the administrative offices of your Petitioner. 2. Your Petitioner desires to be an organization designated by a section within Article Section 58.1-3650 et seq. of the Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the housing needs of low to moderate income individuals and families, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 3. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the following questions are submitted for consideration: o (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954 on March 24, 1992. (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A): No alcoholic beverage license has been, or will be, requested or issued to your Petitioner for such use on such property. (Q): Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A): No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has three salaried employees, none of whom is an officer or director. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution 2 Note: of in-kind or other material services. (A): No part of the net earnings of your Petitioner inures to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of developer fees and service contracts with other organizations. o (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it produces quality affordable housing, and provides home ownership education and prequalifying assistance to low and moderate income individuals and families. ° (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. (Q): No rule, regulation, policy of practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. o (Q): The revenue impact to the locality and its taxpayers of exempting the property. (A): No significant impact is anticipated as a result of the exemption, indeed the homes we build and rehabilitate will be additions to the current tax roles of the City of Roanoke and this will enhance the tax revenue of the City of Roanoke. o (Q): Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A): Your Petitioner provides affordable housing for low to moderate income individuals and families; A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. THEREFORE, your Petitioner, Blue Ridge Housing Development Corporation, respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating that the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that this real property of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq. exempting this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of producing quality affordable housing, and providing home ownership education and prequalifying assistance to low and moderate income individuals and families.. Respectfully submitted this 4th day of September, 1998 BLUE RIDGE HOUSING President 4 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y C~rk September 23, 1998 Sandra H. EakJn Deputy C~y Ck~rk File f~60-102 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34016-0921{~8 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $150,0(X).00, in connection with bddge maintenance needs for fiscal year 1998-99. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, 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 Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician James D. Grisso September 23, 1998 Page 2 pc: Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 1998. No. 34016-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 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 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~3roDdations Streets and Bridges $ 23,380,213 Bridge Maintenance (1) ................................... 718,650 1) Appropriated from General Revenue (008-052-9549-9003) $ 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BRIDGE MAINTENANCE 1998/99 FUNDS TRANSFER September 21, 1998 Council Report No. 98-16~8 S,? 17 A9:33 II. Background on the subject in chronological order is as follows: Ao Fundina of $150.000 was adopted in the FY98/99 budget for bridgo maintensnce. This funding exists in the General Fund Transfer to Capital Projects Fund, account number 001-004-9310-9508. Estimated COSt for various small maintenance projects as identified in annual consultant bridge inspections, is t~ 1.400.000. Current situatien is as follows: Funding needs to be transferred from the General Fund to the Capital Projects Fund for bridge maintenance needs. Bridaes having the highest priority maintenance needs will be determined by this year's bridge inspections and will be partially funded by the requested fund transfer. III. Issues in order of importance are as follows: A. Funding Needs B. Timing IV. Alternatives in order 0f feasibility are as follows: City Council aD_~ropriate $150.000 to Capital Project Fund account number 008- 052-9549-9003 entitled Bridge Maintenance. Funding is available in the General Fund transfer to Capital Projects Fund account number 001-004-9310- 9508. 1. Funding need8 will be in place for small maintenance projects. Timing is important so that the highest priority small maintenance projects may proceed. Honorable Mayor and Members of City Council BRIDGE MAINTENANCE 1998/99 FUNDS TRANSFER September 21, 1 998 Page 2 Bo Do not authorize the Director of Finance to appropriate $150.000 as requested in Alternative "A". 1. Funding need would not be met at the time. Timing would be lost and each small project would need to be brought to Council for funding. Recommendation is that City Council concur in Alternative "A" and take the following action: City Council ao~roDriate $150,000 to Capital Project Fund account number 008- 052-9549-9003 entitled Bridge Maintenance. Funding is available in the General Fund transfer to Capital Projects Fund account number 001-004-9310- 9508. WRH/JGB/fm CC: Respectfully submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE City Clerk September 23, 1998 Sandra H. Eakin ~puty city C~rk File ff.468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No 34017-092198 authorizing a contract with Biddla Enviro Technical Service, Inc., in the amount of $87,,~)0.00, to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: David P. Biddle, President, Biddle Enviro Technical Service, Inc., 1298 Gilmores Mill Road, Natural Bridge Station, Virginia 24579 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 Elmer C. Hodge, County Administrator, Roanoke County, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 H:~AGENDA~6I~EP21 W. Robert Herbert September 23, 1998 Page 2 pc: William H. Bishop, Environmental Engineer/Project Engineer, Department of Environmental Quality, 3019 Peters Creek Road, N. W., Roanoke, Virginia 24018 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, Cost Construction Technician Diane S. Akers, Budget Administrator, Office of Management and Budget Steven L. Walker, Manager, Water Pollution Control Plant H:~AGEN~ .WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34017-092198. A RESOLUTION authorizing a contract with Biddle Enviro Technical Service, Inc., to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Biddle Enviro Technical Service, Inc., in the amount of $87,500 to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion as described in the City Manager's report to this Council dated September 21, 1998. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated September 21, 1998. ATTEST: City Clerk. '98 ?o17' Honorable Mayor and Members of City Council Roanoke, Virflinia Dear Mayor Bowers and Members of City Council: Subject: OPERATIONS AND MAINTENANCE MANUAL WATER POLLUTION CONTROL PLANT UPGRADE AND EXPANSION PROPOSAL NO. 98-5-35 September 21, 1998 Council Report No. 98-167 Background on the subject in chronological order is as follows: Following proper advertising, gualifications were received from interested firms to produce an Operations and Maintenance Manual for the Water Pollution Control Plant in accordance with the requirements of the State Regulatory Agency. Two submittals were received: Biddle Enviro Technical Service, Inc. of Natural Bridge, Virginia and Hayes, Seay, Mattern and Mattern of Roanoke, Virginia. After interviewing both firms, it was decided that Biddle Envir0 Technical Service, Inc. was the best gualified to produce the Operations and Maintenance Manual. Mr. Biddle specializes in this branch of the work, including producing Operations and Maintenance Manuals for consulting firms. An Operations and Maintenance Manual was produced in accordance with the State Reo_uirements for the 1972-73 addition to the Water Pollution Control Plant for approximately $60,000. This manual is required to include the entire plant as it will be once this expansion is completed. II. Current situation is as follows: Interviews have been conducted, a firm has been deemed tO be the best gualified to oroduce the Operations and Maintenance Manual, and a contract needs to be executed. III. Issues in order of importance are as follows: A. Production of the Operations and Maintenance Manual. B. Funding. C. Time. Honorable Mayor and Members of City Council OPERATIONS AND MAINTENANCE MANUAL WATER POLLUTION CONTROL PLANT UPGRADE AND EXPANSION PROPOSAL NO. 98-5-35 September 21, 1998 Page 2 IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to enter into a contractual agreement with Bid~ll6 Enviro Technical Servi(;e, Inc. to produce an Operations and Maintenance Manual, in form approved by the City Attorney, for the sum of $87.500, within the required time. Production of the O_Deration~ and Maintenance Manual in the format that is acceptable as to content and technical information and at the same time to be a useful tool for the technicians who will provide the labor to operate and maintain the facility is a mandatory requirement of the State Department of Environmental Quality. The sample manuals submitted by Mr. Biddle were compiled in a manner to comply with this requirement. Funding is available in the Water Pollution Control Plant Expansion Project contingency account. The original project contingency amount was $1,327,532. After Change Orders 1 and 2, with Danis Environmental Industries, Inc., the contingency amount available is $1,206.237. The amount of the fee of $87,500 is acceptable. Time of completion will coincide with the completion of the upgrade and expansion project which is one of the requirements of the regulatory agency, approximately fifteen (15) months. B. Re!ect the proposal and do nothing at this time. Production of the Operations and Maintenan(;~ Manual would not begin at this time. 2. Funding would not be encumbered at this time. o Time of completion of the manual, as required by the State Regulatory Agency, probably could not be met. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Honorable Mayor and Members of City Council OPERATIONS AND MAINTENANCE MANUAL WATER POLLUTION CONTROL PLANT UPGRADE AND EXPANSION PROPOSAL NO. 98-5-35 September 21, 1998 Page 3 Authorize the Citv ManaQer to enter into a contractual agreement with Biddle Enviro Technical Service, Inc. to produce an Operations and Maintenance Manual for the Water Pollution Control Plant Upgrade and Expansion, in form and content approved by the City Attorney, for the sum of $87,500, within the fifteen (15) month time frame. B. Proportional share to each !urisdiction would be as follows: City of Roanoke County of Roanoke City of Salem County of Botetourt Town of Vinton 37.3% $32,637.50 29.2% 25,550.00 20.9% 18,287.50 7.0% 6,125.00 5.6% 4,900.00 Total $87.500.00 The remaining funding available in the _Dro!ect contingency account world be ~1,1 18,7~17. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/bs O' City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke Bill Bishop, Department of Environmental Quality Mary F. Parker, CMCIAAE cay C~rk CITY OF ROANOKE Office of the City Clerk September 23, 1998 File f~236 Sandra H. Eakin Deputy Cay C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34019-092198 authorizing acceptance of a Local Government Challenge Grant in the amount of $4,750.00, from the Virginia Commission for the Arts. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development H:~AG ENDAG6~q~cv21 .WPO 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34019-092198. A RESOLUTION authorizing tile acceptance of a Local Government Challenge Grant from tile Virginia Com,nission for the Arts. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,750.00 to be used for those purposes identified in the report of the City Manager to Council dated September 21, 1998. 2. The City Manager, or the Assistant City Manager, is hereby authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for tile City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. II 'RES RG-AR'D~ Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk September 23, 1998 File f~0-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34018-092198 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $4,750.00, in connection with a Local Government Challenge Grant from the Virginia Commission for the Arts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely,~/~~ Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 1998. No. 34018-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD~3ropriations Parks, Recreation and Cultural $ 27,968 Challenge Grant - FY99 (1) .................................... 4,750 Revenue Parks, Recreation and Cultural $ 27,968 Challenge Grant - FY99 (2) .................................... 4,750 1) Subsidies (035-054-8733-3700) $ 4,750 2) State Grant Receipts (035-054-8733-8733) 4,750 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 21, 1998 Report #98-724 '98 S::.P 17 P 9:33 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA COMMISSION FOR THE ARTS LOCAL GOVERNMENT CHALLENGE GRANT BACKGROUND The City of Roanoke was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts. Local Government Challenge Grant Funds are available on a 50 - 50 matching basis, 50 percent state and 50 percent local. Application for the grant was made at the request of the Arts Council of the Blue Ridge, The Roanoke Symphony and Roanoke Valley Choral Society, Mill Mountain Theatre, and Opera Roanoke. Roanoke has received funding from the Local Government Challenge Grant for several years. II. CURRENT SITUATION Notification from the Commission for the Arts has been received that a grant of $4,750.00 is available. Bo The grant will supplement funds already appropriated from the City to the organization through the Citizens Services Committee. The local funds will meet the 50 - 50 match required by the challenge grant. Co The Grant funds of $4,750.00 will be distributed to The Arts Council of the Blue Ridge ($1,187.50), Roanoke Symphony and Roanoke Valley Choral Society ($1,187.50), and Mill Mountain Theatre ($1,187.50) and Opera Roanoke ($1,187.50). Mayor Bowers & Members of Council Page 2 September 21, 1998 III. ISSUES A. Need for Funding. B. Timing. C. Cost to the Ci _ty. IV. ALTERNATIVES mo City Council accept the $4,750.00 Local Government Challenge Grant frol-ii the Virginia Commission for the Arts. Need for Funding. The Arts Council of the Blue Ridge, Roanoke Symphony and Roanoke Valley Choral Society, Mill Mountain Theatre, and Opera Roanoke will use funding to make quality arts activities available to citizens of Roanoke. o Timing. The grant must be accepted and properly executed papers returned to the Virginia Commission of the Arts prior to release of funds. Cost to the Ci _ty. Matching funds have been appropriated in the City's FY 1998-99 General Fund Budget through the Citizens Services Committee. No additional funding is required. Bo City Council not accept the $4,750.00 grant from the Virginia Commission fo, the Arts. Need for Funding. The Arts Council of the Blue Ridge, Roanoke Symphony and Roanoke Valley Choral Society, Mill Mountain Theatre, and Opera Roanoke will lose $4,750.00 in funding which would be used to make quality arts activities available to the citizens of Roanoke. Timing. Not an issue. Cost to the Ci _ty. No impact. Local funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. Mayor Bowers & Members of Council Page 3 September 21, 1998 RECOMMENDATION City Council concur with Alternative A and accept the $4,750.00 grant from the Virginia Commission for the Arts. Appropriate $4,750.00 to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. Authorize the Ci_ty Manager or his designee to execute the Local Government Challenge Grant on behalf of the City of Roanoke. Respectfully submitted, W. Robert Herbert City Manager WRH/GDR/gr Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane Akers, Budget Administrator Glenn D. Radcliffe, Director of Human Development Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk September 23, 1998 File ~0-467 Sandra H. Eakin Deputy city Ck, rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34020-092198 amending and reordaining certain sections of the 1998-99 General Fund Appropriations, providing for transfer of $10,764.00, in connection with operation of Community Education Programs at Fallon Park and Hurt Park Elementary Schools. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator, Office on Youth Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDAg~ .WI~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 1998. No. 34020-092198. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development Community Education (1-4) .................................... Nondepartmental Transfers to Other Funds (5) .................................. 1) Temporary Employee Wages 2) FICA 3) Expendable Equipment 4) Fleet Management Daily Vehicle Rental 5) Transfers to Grant Fund (001-054-8170-1004) (001-054-8170-1120) (001-054-8170-2035) (001-054-8170-2054) (001-004-9310-9535) 8,677 664 1,073 35O (10,764) $ 2,767,719 10,764 $ 59,303,788 58,469,770 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 21, 1~}o9 Report #98-726 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor and Members of Council: SUBJECT: APPROPRIATION OF FUNDS FOR THE COMMUNITY EDUCATION PROGRAM I. BACKGROUND Community Education Program is a school based program which has been in operation since 1980 under the Human Development Directorate. Bo Communit3, Education Programs are presently being conducted at Fallon Park and Hurt Park Elementary Schools. Programs which are being provided include "Adventures for Kids," Fun Friday's, and the Nurturing Program. Enrichment activities are a part of after school and evening activities which children and their families in the Northeast and the Southeast Quadrants of the City. II. CURRENT SITUATION A° Office on Youth has assumed responsibility for the program management and supervision for the Community Education Program effective July 1, 1998. Bo Funding in the amount of $10,764 was included in the FY 1998-99 general fund budget in the transfer to grant fund account. Co Funding for the program should remain in the general fund budget in order to maintain continuity and because of reporting requirements. III. ISSUES A. Funding B. Program Operation Honorable Mayor Bowers & Members of City Council Page 2 September 21, 1998 IV. ALTERNATIVES mo Authorize the transfer of $10,764 from account #001-004-9310-9535 into accounts as documented in Attachment A. Funding - Funds are available as indicated, at no additional cost to the city. Program Operations - Existing activities will continue and planned programs will be implemented. Do not authorize the transfer of $10,764 to accounts as documented in Attachment A. Vo CC: Funding - Funds currently available to operate these programs may be rescinded and redistributed to other projects. Program Operations - Planned programs to serve participants would be delayed or never initiated. RECOMMENDATION City Council concur with Alternative A and authorize the transfer of $10,764 into an accounts as documented in Attachment A. Respectfully submitted, W. Robert Herbert City Manager Wilbur C. Dibling, City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Marion Vaughn-Howard, Youth Coordinator Diane S. Akers, Budget Administrator ATTACHMENT A COMMUNITY EDUCATION BUDGET 1004 1120 2035 2054 Temporary Employee Wages FICA Expendable Equipment Fleet Mgmt. Daily Vehicle Rental $ 8,677 664 1,073 350 TOTAL $10,764 Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 23, 1998 File #184-202 8andra H. Eakin Deputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: Your report addressing issues raised by City employees at the City Council meeting which was held on August 17, 1998, concerning the City's grievance procedure, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Evelyn D. Wheeler, 1554 16th Street, N. W., Roanoke, Virginia 24017-3417 Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia 24095 Kenneth S. Cronin, Manager, Personnel September 21, 1998 '98 ?' 2t A?:,~9 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Ci.ty Grievance Procedure Dear Mayor Bowers and Council Members: At the City Council meeting of August 17, 1998, Ronald A. Mathews, a former City employee, and Evelyn D. Wheeler, a City employee, appeared before Council and made statements concerning the City's Grievance Procedure. By consensus, these statements were referred to the City Manager and the City Attorney for review and report. At the same time, Council Member Wyatt requested that the Council be provided with a comparison of the City's Grievance Procedure and the State's Grievance Procedure. At the regular meeting of City Council held on July 6, 1998, Ms. Wheeler appeared before City Council and raised a number of issues with respect to the City's Grievance Procedure. These issues were addressed by our report of August 3, 1998, a copy of which is attached as Exhibit A. Although two of the issues raised at the August 17, 1998, Council meeting were addressed by the report of August 3, 1998, these issues will again be addressed by this report. First, Mr. Mathews complained that a grievant does not have the right to object to a panel member's conflict of interests prior to the grievance heating. The form procedure utilized by panels of the Personnel and Employment Practices Commission (PEPC), a copy of which is attached as Exhibit B, includes an oppommity for the administration and the grievant to raise any preliminary matters. This would include the oppommity for either side to object to any panel member on the basis of bias or conflict of interests. When this occurs, the panel, with the assistance of its independent legal counsel, roles as to whether the particular panel member should be disqualified. Mr. Mathews has complained that at one of his heatings he was not allowed the opportunity to question the panel members as to potential conflicts of interests. Whether either the administration or a grievant would be permitted to examine panel members is within the discretion of the particular panel. According to the Grievance Procedure, a copy of which is attached as Exhibit C, "[p]anel hearings are intended to be informal, administrative proceedings, not judicial proceedings H:\COUNCIL\L-~4~pRo.1 The Honorable Mayor and Members of City Council September 21, 1998 with the formalities of court proceedings." See Grievance Procedure, § 13(a). To mm panel hearings into formal, judicial-like proceedings with application of all the rules of evidence would require grievants to obtain representation of legal counsel, and this would not be fair to our employees. Indeed, a significant number of grievance hearings proceed without the involvement of attorneys for either side. We believe that these informal, administrative proceedings are in the best interests of all parties. Second, Mr. Mathews contended that the PEPC has not assumed its responsibility of oversight and review with respect to City personnel rules, practices and policies. The City Code does not provide that the PEPC has "oversight" with respect to personnel practices and procedures. The Code does, however, provide that it shall be the duty of the Commission to "advise" the City Manager, after public hearing, as to the adoption and amendment of roles, practices and procedures that are necessary to give effect to the personnel management relations policies established by City Council. The PEPC may consider rules suggested or recommended by the Personnel Management Department, or the PEPC itself may recommend personnel roles. See §2-86(a), Code of the City of Roanoke (1979), as amended. Certain personnel policies are specifically enumerated in §2-86(b) as being required. The City's personnel roles, practices and procedures are called Personnel Operating Procedures, and they are included in a manual available in the Department of Personnel Management and in each depamnent of the City and accessible to all City employees. They are also available through the City's electronic mail system. Each of the 36 Personnel Operating Procedures has been reviewed by the Personnel and Employment Practices Commission as required by §2-86. We believe that the City administration is in compliance with §2-86. Third, Ms. Wheeler stated at the Council meeting of Augnst 17, 1998, that the panels of the PEPC do not allow an employee due process. The issue of panel composition was fully addressed by our report of August 3, 1998 (Exhibit A). We believe that the citizen members of the PEPC appointed by City Council are well qualified and that they are persons of honesty and integrity who are able to serve without partiality or bias. The statement that the panels do not provide due process is very broad and subjective and difficult to address. The City's grievance procedure and policies provide for (1) written notice of disciplinary infractions; (2) an oppommity to discuss the charges with the employee's superior; (3) a hearing before a panel appointed by City Council, (4) the right to present witnesses; (5) the right, with the assistance of counsel, to examine and cross-examine witnesses; (6) panel decisions that must adhere to provisions of law and written personnel policies; and (7) written panel decisions that explain the basis for the decision. These procedures satisfiy all due process requirements. Detweiler v. Vkginia Department of Rehabilitative Services, 705 F.2d 557 (4th Cir. 1983). H:\COUNCIL\L-}~GPRO.1 The Honorable Mayor and Members of City Council September 21, 1998 3 We have also been requested to compare the City's Grievance Procedure (Exhibit C) and the State's Grievance Procedure, a copy of which is attached as Exhibit D. At the outset, it should be noted that the City's Grievance Procedure complies, in all respects, with the requirements of State law, and both procedures include the essential ingredients of procedural due process. There are some differences between the two procedures. Most of the differences relate to the different structures of State and local government. For example, the State Grievance Procedure has four steps while the City Grievance Procedure has five steps (informal meeting with immediate supervisor, department manager, director, city manager, and hearing before PEPC). There are also some minor time differences as to the various deadlines established by the two procedures. Perhaps the most significant difference between the two procedures is in the final step. The State Code requires the Director of Employee Relations Counselors to assign a hearing officer to conduct each grievance hearing under the State procedure. Hearing officers are selected fxom a list of administrative hearing officers maintained by the Supreme Court of Virginia. The hearing officers conduct the hearings under the State Grievance Procedure, administering oaths, receiving evidence, ruling on evidenfiary issues, and issuing a written opinion. See §2.1-116.07, Code of Virginia (1950), as amended. With respect to local government grievance procedures, the State Code requires that the final step either provide for a hearing before a panel consisting of one member appointed by the grievant, one member appointed by the agency head and a third member selected by the first two or a "grandfathered" panel composition method. See §15.2-1507. Local governments in the Commonwealth have been required to have grievance procedures since June 30, 1974. See Chapter 256 of 1973 Acts of Assembly. Since the City already had a local grievance procedure and a Personnel Board created to hear grievances prior to the State-mandated procedure, (see Ordinance No. 21581, June 10, 1974, and Resolution No. 21582, June 10, 1974), the City was permitted to retain its panel composition method which was in effect at the time of the enactment of the State-mandated local Grievance Procedure. Several other cities also maintain grandfathered panel composition methods to date. The City's panel composition method has been approved by the Commonwealth's Department of Employee Relations Counselors or its predecessor agency on several occasions. The City's panel composition method was generally described in our report on August 3. As you will recall, City Council has created and established the PEPC consisting of nine members appointed by City Council for three year terms. See §2-38(a), City Code. The Commission organizes itself into three hearing panels for the purpose of hearing employee grievances. See §2-95.1(a). H: \COUNCIL\L-}~4GPRO. 1 The Honorable Mayor and Members of City Council September 21, 1998 Each panel has the duty to hear and render decisions on grievances referred to it upon the evidence presented and developed at the heating and upon the applicable personnel roles and regulations. Panels do not have the authority to add to, subtract from or amend existing policy, roles and regulations. See §2-85.1(b). The decision of the panel is binding on the administration and the employee. We trust that the information included in this report is responsive to Council's request. Respectfully submitted, WRH:WCD:f Attachments W. Robert Herbert City Attorney Kenneth S. Cronin, Manager, Personnel Management Ms. Evelyn D. Wheeler Mr. Ronald A. Mathews H:\COUNCIL\L-}~4~PRO.I ! 1-7~ ROANOKE CODE Sees. 2-78--2-89. Reserved. DIVISION 2. PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION See.. 2-88. Established; composition; appointment, terms and qualifications of members* (a) Thers is hers.by created and established a personnel and employment practices commission to consist or n~e members to bo eslocted by the city council pursuant to the provisions of section 2-28~ o( thh Cod.. Initislly, throe (3) members shill be appointed to serve a term ending June 30, 1977, throe (3) for · term endinf Juno 30, 1978 and throe (3) for · term anclinf June 30, 1970. Tbereefl~r, tho council shill fpp·in· members for three (3) yur terms. (b) The council sbell ensure tim· the membership of the commimion consists of et les=t three (3) protected chin members, ss defined by Title VII of tho Civil Rishts Act of 1964 (ss mended 1972), 42 u.S.C., 20000.2(·)(2), and best two (2) members from the chmifled #rvice of tho city. (e) All of the commission members slMII lmve th·re ~ristics of open mindedneso and fsirnem required to hirly iud imperthlly heor and res·iv· diffeFonce~ Tho mombordlll~ m · whole, siMll embrace, to tho oztent pmctimble, · c~om section of the typo IMrsons comprisinf tho cites work for·e; i.e., eervice/nminten~nce through Mfleid/mbnlniotm~m No comtitutiond, court or council. appointed ertl·er shall be olifibio for appointment to tho commimion, (O~ N~ 24437, ! ~ (Ch_ X3.02, J X), ~2.11-78) SUGGESTED PROCEDURE FOR PEPC GRIEVANCE HEARING~ (Revised July, 1989) Note: (This suggested procedure has been prepared for the assistance of the panel members tn conducting hearings. Variations in the procedure should be made as dictated by the circumstances of each particular case.) CHAIRMAN: I call to order Panel of the Personnel and Employ- ment Practices Comis8~. ~HAIRMAN: Recorder will call the roll of the members. CHAIRMAN: Is there any public business to be transacted today? [After conclusion of public business, the panel will proceed to hear grievances.] CHAIRMAN: The panel will now hear the grievance of ($rievant'e name) CHAIR~N: Is the frievant ready to proceed? CHAIRMAN: Is the ach~tnlstration ready to proceed? CHAIRMAN: Will all persons, including the grievant, who intend to testify at this proceeding, stand and raise your right hands. CHAIRMAN: Do you and each of you swear or affirm to tell the truth, the whole truth and nothing but the truth, so help you God? CHAIRMAN: Does the grievant desire the hearing to be closed to the public? CHAII~AN: Does the ad~nistration desire the hearing to the public? to be closed CHAIRMAN: [If either party requests that the hearing be closed, or if any panel member wishes the hearing to be closed, the chairman should state: The Chair will entertain a ~otion to convene in execu- tive session to discuss personnel ~atters involving the performence and disciplining of (grlevant's name) pursuant to $2,1-344(A)(1), Code of Virginia '~,aoamended, EXHIBIT B [If any member so moves and the motion is seconded, the Recorder should call the roll of the members to vote on the motion. If the panel votes to go into Executive Session, the panel and the following per- sons should remain in the hearing: Grievant Grievant's counsel or other representative Administration's representative Administration's counsel Counsel for PEPC Secretary to PEPC Recorder of PEPC (Other persons who are to be witnesses may be allowed to remain in the hearing unless either the grievant or administration requests them to be excused during the hearing. If either party so requests, the panel should decide whether to grant the request.)] CHAIRMAN: Does either party have say preliminary matters or motions which it wishes to raise at thin time? [If none or at the conclusion of these matters,...] CHAIRMAN: Does the grievant or Arievant's representative wish to make an opening stateaent? [After this statement is made or the grievant declines to make a statement,...] CHAIRMAN: Doe8 tho ad~tnistration vish to make an opening statement? [After administration makes statement or declines to make a statement,...] CHAIRMAN: The srievant may proceed with his evidence. [During the examination of each witness, the normal order wiIi be for direct examination, cross-examination, and questions by the panel. Any exhibits received into evidence wiII be marked and made part of the record of the hearing.] [Grievant presents his case. After grievant has pre- sented his case,...] CHAIRMAN: The administration may proceed with its case, [Administration presents its case. At the conclusion of the administration's case,...] CHAIRMAN: Does the grievant have any further evidence to offer or witnesses to be heard? CHAIRMAN: Does the administration have any further evidence to offer or witnesses to be heard? CHAIRMAN: Does the grievant wish to make a closing argument? CHAIRMAN: Does the administration wish to make a closing argu- ment? [After arguments are concluded, if the hearing has been conducted in Executive Session, the Chairman should state,...] CHAIRMAN: I declare this hearinw to be closed. OR Jif the hearing has been conducted in open session, the Chairman should state,...] CHAIRMAN: The Chair will entertain a notion to convene in execu- tive session to discuss personnel matter8 involvin~ the performanco and disciplininw of (grievant'8 name) pursuant to J2.1-344(A)(1), Code of Virginia ~O~,asamended. [After the motion is made and seconded the Recorder should call the roll of the members to vote on the motion.] [During the deliberations of the panel, all persons except panel members, counsel to the panel, secretary and Recorder will leave the room. Panel will proceed to deliberate the case. After deliberation, panel will be called into open session to vote on the decision.] [Note: If it should be necessary because of time con- s~ation8 or other factors for the panel to post- pone deliberation, the Chairman should inquire of the members and participants when it would be convenient to reconvene the proceedings. The following instruction should be given to the members of the panel by the Chairman,...] CHAIRMAN: The members of the panel are instructed that they should not discuss this case with anyone until this · ~ panel reconvenes for deliberations, [After the panel has deliberated and agreed upon its finding~ and decision, the Chairman will open the session to all persons.] CHAIRMAN: I call to order this panel of the Personnel and Employ- ment Commission, MEMBER: With respect to the executive session Just concluded, I move that each member of the panel certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in the motion by which the executive session was convened were heard, discussed or considered by the panel. [Roll call vote] [Announcement of findings of fact and decision.] CHAIRMAN: The Recorder will call the roll of the panel. An "aye'* vote will signify concurrence in the finding8 and decision which I have Just announced, [After the vote is conducted,...] CHAIRMAN: Is there any other business to come before this panel? CHAIRMAN: This meeting is adjourned. CITY OF ROANOKE GRIEVANCE PROCEDURE 1. POLICY. It is the policy of the City to encourage resolution of employee problems and complaints through open and free discussion of employee concerns with immediate supervisors and upper management levels. To the extent, however, that such concerns cannot be resolved, the Grievance Procedure shall afford an immediate and fair method for the resolution of disputes which may arise in City employment. 2. DEFINITION OF GRIEVANCE. (a) A grievance shall be a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: Disciplinary actions including dismissals, demotions and suspensions; (2) The application of personnel policies, pro- cedures, rules, regulations, ordinances and statutes; 3) Acts of retaliation as the result of utiliza- tion of this Grievance Procedure or participa- tion in the grievance under this Grievance Procedure of another City employee; (4) Complaints of discrimination on the basis of race, color, creed, national origin, sex, age, disability or political affiliation; and (s) Acts of retaliation because the employee has com- plied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, or has sought any. change in law before the Congress of the United States or the General Assembly. (b) The term "grievance" shall not be interpreted to mean negotiations of wages, salaries or fringe benefits. · EXHIBIT C P.O.P.#6 Page 2 of 12 3. MANAGEMENT RESPONSIBILITIES~ NONGRIEVABLE COMPLAINTS. (a) Management retains the exclusive right to manage the affairs and operation of City government. Accordingly, the following complaints are nongrievable: (].) Establishment and revision of wages or salaries, position classifications or general benefits; (2) Work activity accepted by the employee as a condi- tion of employment or work activity which may reasonably be expected to be a part of the job content; (3) The contents of ordinances, statutes or established personnel policies, procedures, rules and regula- tions; (4) Failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly;' (5) The methods, means and personnel by which work activities are to be carried on; (6) Termination, layoff, demotion or suspension from duties because of lack of work, reduction in work force or job abolition except where such action affects an employee who has been reinstated within the previous six months as the result' of the final determination of a grievance; (7) The hiring, transfer, assignment and retention of employees; and (8) The relief of employees from duties in emergencies. (b) In any grievance brought under the exception to subsec- tion (a)(6) of this section, the action shall be upheld on a showing by the City that there was a valid business reason for the action and the employee was notified of the reason in writing prior to the effective date of the action. 4. COVERAGE OF PERSONNEL. (a) Unless otherwise provided by law, all nonprobationary, nontemporaryfull-time and part-time employees of the City shall be eligible to file grievances with the following exceptions: (1) Appointees of elected groups or individuals; 2 P.O.P.~6 Page 3 of 12 (2) Officials and employees who by charter or other law serve at the will or pleasure of an appointing authority; (3) Deputies and executive assistants to the City Manager; (4) Directors, department heads, managerial employees having supervisory authority over department manag- ers, agency heads and chief executive officers of governmental operations; (5) Employees whose terms of employment are limited by law; (6) Temporary, limited term and seasonal employees; (7) Law-enforcement officers as defined in Chapter 10.1 (S2.1-116.1 et seq.) of Title 2.1, Code of Virginia (1950), as amended ("State Code"), whose grievance is subject to the provisions of Chapter 10.1 of the State Code and who have elected to proceed pursuant to those provisions in the resolution of their grievance; and (8) Any other employee electing to proceed pursuant to any other existing procedure in the resolution of his or her grievance. (b) Employees under the Directorate of Human Resources shall be included in the City's Grievance Procedure. Constitutional Officers' employees shall not have access to the City's Grievance Procedure, unless their inclusion in the Grievance Procedure is agreed to in writing by both the Constitutional Officer and the City. (c) Subject to the provisions of subsection (a), the City Manager or his designee shall determine the officers and employees excluded from the Grievance Procedure and shall be responsible for maintaining a current list of positions excluded from the Grievance Procedure. 5. GRIEVABILITY. (a) Decisions regarding grievability and access to the Grievance Procedure shall be made by the City Manager or his designee at the request of a department head, director or the grievant within ten (10) calendar days of the request. Neither the City Attorney nor the Commonwealth's Attorney shall be authorized to decide the issue of grievability. A copy of the ruling shall be 3 P.O.P.#6 Page 4 of 12 sent to the grievant and to the appropriate director and department head and the Manager of Personnel Management. (b) Decisions of the City Manager or his designee may be appealed to the Circuit Court for the City of Roanoke for a hearing on the issue of whether or not a matter is grievable. Proceedings for the review of the decision of the City Manager or his designee shall be instituted by the grievant by filing a notice of appeal with the City Manager within ten (10) calendar days from the date of receipt of the decision and giving a copy thereof to all other parties. Within ten (10) calendar days thereafter, the City Manager or his designee shall transmit to the Clerk of the Circuit Court for the City of Roanoke a copy of the decision of the City Manager or his designee, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the Court shall also be furnished to the grievant. The failure of the City Manager or his designee to transmit the record shall not prejudice the rights of the grievant. The Court, on motion of the grievant, may issue a writ of certiorari requiring the City Manager to transmit the record on or before a certain date. (c) Within thirty (30) calendar days of receipt of such records by the Clerk, the Court, sitting without a jury, shall hear the appeal on the record transmitted by the City Manager or his designee and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm the decision of the City Manager or his designee or may reverse or modify the decision. The decision of the Court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. 6. RIGHT TO PROCEDURE. (a) Any employee to whom this Procedure is applicable (see Section 4) who believes he or she has a grievance as defined in Section 2 and who desires to utilize this Procedure shall, within twenty (20) calendar days after the event giving rise to the grievance, request a meeting with his or her immediate supervisor for the purpose of informal discussion of the employee's complaint. (b) Failure to request the informal meeting with the immediate supervisor within the time specified in this section shall be a bar to this Procedure. 4 P.O.P.#6 Page 5 of 12 7. STEPS IN THE PROCEDURE. (a) Except as hereinafter provided in subsection (b) of this section, the Grievance Procedure shall consist of informal, initial processing of an employee's complaint by the immediate supervisor through a nonwritten discussion format as the first step and the four following formal management steps: (1) Department Manager (Step 2); (2) Director (Step 3); (3) City Manager (Step 4); (4) Hearing before a panel of the Per- sonnel and Employment Practices Commission (Final Step). (b) In lieu of the four formal management steps set forth above, employees of the Department of Finance, Office of the City Attorney, Office of Municipal Auditor, Office of City Clerk, Office of Real Estate Valuation, Office of the City Manager and Constitu- tional Officers subject to the Grievance Procedure shall have as a first step in the formal Grievance Procedure a meeting with the Council-appointed or Constitutional Officer. If dissatisfied with the results of such meeting, the employee may proceed to a hearing before a panel of the Personnel and Employment Practices Commis- sion. (c) The grievant shall have the right to present relevant witnesses and evidence at each step without management reprisal. 8. STEP 1 - INFORMAL MEETING WITH IMMEDIATE SUPERVISOR. (a) The first step in the Grievance Procedure shall be an informal, initial processing of an employee complaint by the immediate supervisor through a nonwritten, discussion format. At Step 1, the employee's complaint need not be submitted or resolved in writing, and a formal hearing is not required. (b) Upon timely request by an employee who believes he or she has a grievance and who desires to utilize this Procedure, the immediate supervisor shall immediately hold a meeting with such employee for informal discussion of the employee's complaint, and within five (5) working days from the request for such meeting, the immediate supervisor shall communicate, either orally or in writing, to the employee the immediate supervisor's response to the employee's complaint. (c) Ail employees and their immediate supervisors are obligated to calmly and fairly discuss their differences at Step 1 which isa prerequisite to the formal Grievance Procedure. 5 P.O.P.~6 Page 6 of 12 (d) If the employee is not satisfied with the results of the informal meeting with the immediate supervisor and the employee desires to process the complaint through the formal Grievance Procedure, the immediate supervisor shall refer the employee to the Department of Personnel Management for any assistance required in processing the grievance and for the required forms, which shall be prepared and distributed by the Department. 9. STEP 2 - DEPARTMENT MANAGER STEP. (a) If the employee is not satisfied with and does not accept the Step 1 response, or if the immediate supervisor fails to respond within the required time frame, and the employee wishes to proceed to Step 2 of this Procedure, the employee shall reduce the grievance to writing on the form provided for the purpose by the Department of Personnel Management and shall file the required form with the appropriate Department Manager or department head within five (5) working days after receipt of the immediate supervisor's response or the deadline for such response, whichever occurs first. (b) On'the Step 2 form, the grievant shall indicate the date on which he requested the informal meeting with the immediate supervisor in the space provided for the purpose. The grievant shall also specify on the Step 2 form the specific relief expected to be obtained through use of the Grievance Procedure. A copy of the Step 2 form shall be forwarded to the Department of Personnel Management by the Department Manager or department head. (c) The Department Manager shall meet with the grievant and render a written decision to the grievant within five (5) working days following receipt of the request. (d) The only persons who may normally be present at the Department Manager step meeting are the grievant, the Department Manager and appropriate witnesses for each side. Witnesses shall be present only while actually providing testimony. (e) A copy of the decision of the Department Manager shall be forwarded to the Department of Personnel Management by the Department Manager. 10. STEP 3 - DIRECTOR STEP. (a) If the grievant is not satisfied with the decision of the Department Manager, he shall file a written request for a meeting with the appropriate Director within five (5) working days following receipt of the decision of the Department Manager. A copy of the request shall be forwarded to the Department of Personnel Management by the Director. 6 P.O.P.#6 Page 7 of 12 (b) The Director shall meet with the grievant and render a written decision within five (5) working days of receipt of the request. (c) The only persons who may normally be present at the Director's Step meeting are the grievant, the Director and appropriate witnesses for each side. Witnesses shall be present only while actually providing testimony. (d) A copy of the decision of the Director shall be forwarded to the Department of Personnel Management by the Director. 11. STEP 4 - CITY MANAGER STEP. (a) If the grievant is not satisfied with the decision of the Director, he shall file a written request for a meeting with the City Manager within five (5) working days following receipt of the decision of the Director. A copy of the request shall be forwarded to the Department of Personnel Management by the City Manager. (b) The City Manager shall meet with the grievant and render a written decision within five (5) working days following receipt of the request for the meeting. (c) The only persons who normally may be present at the City Manager step are the grievant, the City Manager, appropriate witnesses for each side (who shall be present only while providing testimony), and, at the option of the grievant, a representative of grievant's choice. If the grievant is represented by legal counsel, the City shall likewise have the option of being repre- sented by counsel. (d) A copy of the decision of the City Manager shall be forwarded to the Department of Personnel Management. 12. FINAL STEP - PANEL HEARING. (a) If the grievant is not satisfied with the decision of the City Manager, he or she shall within five (5) working days following receipt of the decision make a written request for a hearing before a panel of the Personnel and Employment Practices Commission. The request shall be filed with the Department of Personnel Management on a form provided by the Department. (b) The grievant shall state on the form used to request a panel hearing whether he or she is represented by legal counsel and the name and address of such counsel. Should the grievant state that he or she is not represented by counsel and thereafter appear with counsel at the hearing, the City shall be accorded a continu- ance to obtain legal counsel. P.O.P.#6 Page 8 of 12 (c) The grievant shall also state on the form used to request a panel hearing whether he or she prefers the hearing to be open or closed to the public. At the request of either party, the hearing shall be private. (d) Within ten (10) working days following receipt of such request, the Manager of Personnel Management, as staff for the Commission, shall establish a date for a hearing before a panel of the Commission for the purpose of considering the grievant's complaint. (e) Hearing panels of the Commission shall consist of three (3) persons headed by a chairman. Panels shall serve on a rotational basis to the extent practicable. (f) The hearing panel shall not be composed of any persons having direct involvement with the grievance being heard by the panel, or with the complaint or dispute giving rise to the grievance. Managers who are in a direct line of supervision of a grievant and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: spouse, parent, child, descendents of a child, sibling, niece, nephew and first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of such an attorney shall serve as a panel member. 13. RULES FOR CONDUCT OF PANEL HEARINGS. (a) Panel hearings are intended to be informal, administra- tive proceedings, not judicial proceedings with the formalities of court proceedings. (b) The Manager of the Department of Personnel Management shall provide the panel with copies of the grievance record prior to the hearing. At the same time, the Manager shall provide the grievant and the administration with a list of the documents furnished to the panel. At least ten (10) calendar days prior to the scheduled panel hearing, the grievant and his or her attorney and the administration and its attorney shall, upon request, be allowed access to and copies of all relevant files each intends to use in the panel hearing. (c) Documents, exhibits and lists of witnesses shall be exchanged between the grievant and administration in advance of the panel hearing. (d) The Commission and panels thereof shall conduct their procedure in accordance with the provisions of the Virginia Freedom of Information Act. P.O.P.~6 Page 9 of 12 (e) At a private hearing, only the grievant, one representa- tive of management, legal counsel or other advisors of the parties, legal counsel to the panel, relevant witnesses, stenographer, and the Manager of the Department of Personnel Management and his staff may be present. (f) The panel may ask, at the beginning of the hearing, for opening statements from the grievant and the administration (or their respective representatives) clarifying the issues involved and summarizing the evidence to be presented. (g) Both the grievant and the respondent may call upon appropriate witnesses and be represented by legal counsel or other representatives at the panel hearing. Any expense incurred by reason of such representation shall be borne by the party on whose behalf such representative appears. Such representatives may examine, cross-examine and present evidence on behalf of the grievant or the administration before the panel. (h) The panel, with the advice of its legal counsel, shall have the authority to determine the admissibility of evidence without regard to the burden of proof or the order of presentation of evidence so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence. (i) Ail evidence shall be presented in the presence of the panel and parties, except by mutual consent of the parties. (j) Exhibits, when offered by the grievant or the administra- tion, shall be received in evidence by the panel and, when so received, shall be marked and made a part of the record. (k) At the conclusion of presentation of evidence, the panel chairman shall specifically inquire of both the administration and the grievant, or their respective representatives, whether they have any further proofs to offer or witnesses to be heard. Upon receiving negative replies, the chairman shall declare the hearing closed, and the panel may deliberate in executive session in appropriate cases. (1) The hearing may be reopened by the panel for good cause shown on its own motion or upon application of the grievant or the administration at any time before the written decision is distrib- uted. (m) The panel shall fashion a remedy on behalf of the prevailing party which is fair, just, reasonable and equitable to all parties; provided, however, no such remedy shall place a grievant in any better position than would have been achieved but for the Wrongful act giving rise to the grievance. Panels do not have authority to .formulate policies or procedures or alter existing policies or procedures. P.O.P.#6 Page 10 of 12 (n) Following the hearing conducted under this section, the decision of the panel shall be arrived at by a majority vote in open session. The panel shall file, in writing, a statement setting forth findings of fact and its decision based thereon, signed by a panel member concurring in the same, with signed copy forwarded to each party in interest and to the members of the Commission, not more than five (5) working days following adjourn- ment of the hearing. The panel's legal counsel may assist in the drafting of the findings of fact and decision. A panel member who dissents from the majority decision may file a written dissenting opinion. (o) The decision of the panel shall be final and binding and shall be consistent with provisions of law and written policies and procedures. (p) Any question of whether relief granted by a panel is consistent with written policies and procedures shall be determined by the City Manager or his designee, unless the City Manager has a direct personal involvement with the event or events giving rise to the grievance, in which case the decision shall be made by the Commonwealth's Attorney for the City of Roanoke. 14. TIME LIMITS~ COMPUTATION OF TIME. (a) Any time limit in the Grievance Procedure may be waived by mutual agreement at the step in question. (b) If at any step in the process a decision is not rendered within the required time limit, the grievant may proceed to the next step unless the time limit has been waived by mutual agreement of the parties. If at any step in the process, the grievant shall fail to file a timely written request for a meeting or hearing at the next step in the procedure, such failure shall constitute a bar to the grievant's proceeding to the next step, and the grievance process shall be terminated. (c) The term "working days" as used herein shall mean Monday through Friday, not including City holidays or any other day on which City administrative offices are closed. (d) Whenever this Procedure requires an act to be done within a certain time after any event, that time shall be allowed in addition to the day on which the event occurred. (e) Whenever the last day fixed by this Procedure falls on a Saturday, Sunday, City holiday or any other day on which City administrative offices are closed, the act may be done on the next day that is not a Saturday, Sunday, City holiday or any other day on which City administrative offices are closed. 10 P.O.P.#6 Page 11 of 12 (f) Computation of time, whether in calendar days or working days, shall be without regard to the grievant's personal work schedule or the grievant's use of vacation leave or sick leave. 15. NONCOMPLIANCE WITH PROCEDURAL REQUIREMENTS. (a) After the initial filing of a written grievance, failure of either party to comply with all substantial procedural require- ments of the Grievance Procedure, including the panel hearing, without just cause shall result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) working days of receipt of written notification by the other party of the compli- ance violation. Such written notification by the grievant shall be made to the City Manager. (b) The City Manager or his designee may require a clear written explanation of the basis for just cause extensions or exceptions. The City Manager or his designee shall determine compliance issues. Compliance determinations made by the City Manager shall be subject to judicial review by filing a petition with the Circuit Court for the City of Roanoke within thirty (30) calendar days of the compliance determination. 16. ENFORCEMENT OF DECISIONS. Either the City or the grievant may petition the Circuit Court for the City of Roanoke for an order requiring implementation of a decision of the Personnel and Employment Practices Commission or any panel thereof. 1'7. RECORDING~ TRANSCRIPT OF PANEL HEARING. The use of recording'devices or a court reporter is not permitted at Steps 1, 2, 3 and 4 of the Grievance Procedure. Upon request, the Manager of the Department of Personnel Management shall cause a transcript to be made of any panel hearing, and a transcript shall be provided to either party upon request. The party requesting the transcript shall do so in writing and shall pay the expense of preparing such transcript. 18. EFFECTIVE DATE. This Grievance Procedure shall be in full force and effect on and after September 30, 1991. Any grievance initiated on or after September 30, 1991, shall be processed pursuant to this Grievance Procedure; any grievance initiated prior to September 30, 1991, shall be processed pursuant to the predecessor Grievance Procedure. 11 P.O.P.#6 Page 12 of 12 AUTHENTICATION Pursuant to the authority vested in me by S2-61.1, Code of the City of Roanoke (1979), as amended, this regulation establishing a Grievance Procedure is promulgated this ~7~ day of September, 1991, to be effective on and after September 30, 1991. W. Robert Herbert, City Manager CERTIFICATE We, W. Robert Herbert, City Manager, and Wilburn C. Dibling, Jr., City Attorney, do hereby certify this Grievance. Procedure, promulgated pursuant to S15.1-7.1, Code of Virginia (1950), as amended, and ~2-61.1, Code of the City of Roanoke (1979), as amended, to be in compliance with and to include the components and features required by ~15.1-7.2, Code of Virginia (1950), as amended. Date: W. Robert Herbert, City Manager llburn C~lng, Jr., City Attorney 12 GRIEVANCE PROCEDURE STEP 2 DEPARTMENT MANAGER STEP: I request a meeting with the Manager of Date of the incident giving rise to this grievance Date of Step 1 informal meeting with immediate supervisor Date of immediate supervisor's response to this complaint Complete and specific details of grievance are as follows: (Use separate sheets if necessary) Specify the relief sought (Use separate sheets if necessary) Signed Date filed GRIevANT (over) Complaint Meeting Held: MONTH/DAY/YEAR DEPARTMENT MANAGER DECISION: Signed DEPARTMENT MANAGER DATE Grievant's Response: Accepted / · YES NO Signed GRIEVANT DATE * Note: If the grievant does not accept ~he decision, the grievant gives up any relief proposed in the decision. GRIEVANCE PROCEDURE STEp 3 DIRECTOR STEP: I request a meeting with the Director of to discuss my complaint. Signed: GRIEVANT DATE Complaint Meeting Held: DIRECTOR'S DECISION: MONTH/DAY/YEAR Signed DIRECTOR DATE Grievant's Response: Accepted /__. Signed GRIEVANT YES NO DATE * Note: If the grievant does not accept'the decision, the grievant gives up any relief proposed in the decision. GRIEVANCE PROCEDURE STEP 4 'I. CITY MANAGER STEP: I request a meeting with the City Manager to discuss my complaint. Name and Address of Attorney, if any, who will represent the grievant at this meeting. (If none, so indicate) NAME ADDRESS Signed: GRIEVANT DATE Complaint Meeting Held: CITY MANAGER'S DECISION: MONTH/DAY/YEAR Signed CITY MANAGER DATE Grievant's Response: Accepted /__* YES NO Signed GRIEVANT DATE * Note: If the grievant does not accept, the decision, the grievant gives up any relief proposed in the decision. GRIEVANCE PROCEDURE FINAL STEP REQUEST FOR HEARING BEFORE THE PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION Date filed: MONTH/DAY/YEAR The grievant requests the hearing to be: OPEN CLOSED Name and Address of Attorney, if any, who will represent the grievant at the hearing. (If none, so indicate) NAME ADDRESS SIGNED: GRIEVANT DATE Grievance Procedure Employee Relations Counselors For guidance call toll-free at (888) 2~-Advice (804) 786-7994 (in Richmond) E~HIBIT D Contents Ways to Resolve Complaints .................................................... 1 The Grievance Procedure (overview) ............................................ 2 [] The Resolution Steps ................................................. 3 First Resolution Step ................................................. 4 Second Resolution Step Meeting ...................................... 4 Third Resolution Step ................................................ 5 ]!~ Qualification for a Hearing ............................................ 6 ~ The Hearing .......................................................... 9 Compliance ................................................................... 13 Miscellaneous Provisions ....................................................... 14 Definitions .................................................................... 15 to l lustrations WHAT- the sugge~ed or required aca'on Reprinted June 1998; ~ctive July 1. 1995 Code of Virginia r~Cerence §2.1-116.01 et seq. ©199Z Commonwealth of Virginia Ways to Resolve Complaints Complaints arising in the workplace should be resolved fairly and as soon as possible. Most issues can be resolved through discussion, but alternatives are available when discussion is not effective. Mediation One alternative is mediation. Mediation is a voluntary process whereby mediators assist individuals in exploring their differences and reaching an agreement resolving the issues. Some agencies aiso provide other dispute resolution services, such as an ombudsman. The Gri~ance Procedure Thegr/e~ance procedure is a process through which employees may bring their concerns to upper levels of management. The process requires that roles be followed slxictly. All grievances must be initiated within 30 calendar days of the action or event challenged. Attemi~ to resolve disputes informally do not extend the 30 calendar day time period. The 30 calendar day time period can only be extended if the agency and employee ~ to waive it or to mediate the complaint. Obt~ning Information When selecting a suitable alternative to resolve the problem, it may be helpful to obtain information from the Department of Employee Relations CounSelors (DERC) or the agency's Human Resources office. The Human Resources office can also provide the form for the initiation of a gievance. DEFINITIONS & NOTES .1 The Grievance Procedure The grievance procedure contains three phases: [] - The resolution steps -- First resolution step -- Second resolution step -- Third resolution step ~1. (b.-laication for a hearia/ ~ - The hearing --~ Informal Discussion Prior to the initiation of a grievance, the employee should consider discussing the issues with his supervisor in an attempt to resolve the problem informally. Gdevance Forms Even when discussions are ongoinlL however, the written/rievance must be initiated within 30 calendar days, unless there is an algeement to waive this requirement or there is an algeement to mediate. A grievance form (~0~ A) is available in the Human Resources office for the initiation of a grievance. When a written response is required it must be placed on the mM ~. If there is not enough space on the form for a complete statement, attachments may be added. Compliance Because the grievance procedure has roles, issues relating to compliance arise. All claims of noncompliance should be raised immediately ("Compliance" is found on page 23). By proceeding with the grievance al~er becoming aware of a procedural violation, one may forfeit the fight to challenge the noncompliance at a later time. Time periods may only be extended by mutual consent. ~ering Information When a grievance is initiated, the employee can ask to review infor- marion which pertains to the grievance. Information pertaining to other employees which is directly relevant to the grievance must be provided in such a manner as to preserve the privacy of the individuals not personally involved in the grievance. DEFINITIONS & NOTES Grieamce - See "Definitions" on page 15. The Resolution Steps Limitations on Processing a Grievance Not all gr/evances proceed through the resolution steps. Management may challenge, at any step in the process through to the agency bead's qualification decision, that the employee is excluded from proceeding with the ~evance. (~iom of ~ Issues pertaining to the employee's type of employment or status are questions of access. Issues of access include: 1. whether the employee is in a 2. whether the employee of a local department of social services, community services board, housing authority, or local government is permanent or otherwise exempt; 3. whether the employee is exempt under 2.1-116 ofthe ~de of V'wginia; and 4. whether the employee has voluntarily resigned. If the issue of access is raised, the employee can seek a determination from the agency head on access and may appeal that decision to D£RC and then to the circuit coum The decision of the circuit court is final. If it is determined that the employee has access, the grievance is returned to the appropriate resolution step for a response on the merits. Issues relating to the nature and timing of the complaint are treated as questions of compliance. Issues include: 1. whether the complaint pertains directly and personally to the employee's own employment; 2. whether the complaint arises in the agency in which the employee works; 3. whether the employee has pur~ed the same complaint through another 4. whether the employee has initiated multiple grievances challenging the same action or arising out of the same facts; 5. whether the grievance was inLfi~_~ alter the date of termination and does not challenge the termination or a disciplinary action which had occtm~ within 30 calendar da~ of the termination; 6. whether the employee's use of the grievance procedu~ cor~itutes ~xssme~ and 7. whether the grievance has been in~ alter 30 calendar da~. When the agency has notiied the employee that the grievance will not be processed because of compliance, the employee may, request a ruling from DERC. The employee must make the request in writing within 5 wodida~ The decision of DERC is anal. DEFINITIOA~ & ~ a position within the occupational claue~ that D£RC - Depan,~e~t o. f Employo Rtlatio~ Co,*melon: 786-~994 in Richmond. (888) 23- ADVICE toll-free The Resolution Steps, continued 1. First Resolution Step A written gr/evance must be presented to the/ir~-s~,p respondent (immediate supervisor) within 30 calendar days of the event or action ~iving rise to the l~rievance. A ~rievance alleging d/scrb~na~on or reta/iafion by the immediate supervisor may be initiated with the next level supervisor. * The written ~ievance should state the nature of the complaint, the facts in suppor~ of the claim, and the relief requested. Once the ~rievance is presented in writing, additional claims may not be added to the I~rievance. A meeting may be held to discuss the issues in dispute, but such a meeting is not required. · An employee on la¥oi~ stares who challenges the application o£th¢ la¥offor recail policies should initiate the grievance with the agency's human resource~ o~cer. An ~ Process is available for a evance involving a termination, demotion or suspension without pay, or loss of walles. It may be initiated with the semnd-a~,p respondent and immediately following the response from the second-step meeting, a request may be made to the agency head that the grievance be qualified for a hearing. Within 5 u~r/afa~ of the presentation of the written ~rievance, the first-step respondent must provide a written respond. The response should address the issues and the r~lief requested.  The employee must indicate within 5 workdays the intention to continue to the second-step or to conclude the lirievance. 2. Second Resolution Step Meeting The employee and the second-step ~espondent must meet within 5 wodcd~. Each may be accompanied by an individual of choice. The meeting is not to be conducted as a hearing with ar~ment~ and cross- DEFINITIONS aut~ (&~ '~'~. The Resolution Steps, cont ued 2. Second Resolu~on Step Mee~ng, cona'nuat Individuals with pertinent information directly relating to the grievance may appear. Questions may be asked to clarify points or to explore other avenues of inquiry. After providing the information, they should not remain in the meeting. Thesecond, step respondent must provide written the a response to issues and the relief requested within 5 worfi~ys of the meeting. The written comments should address the matters discussed in the meeting. Within 5 workdays, the employee must indicate in writing the intention to continue to the next step or to conclude the ffn'.ewnce. 3. Third Resolu~on Step within 5 workdays provide a written response to the issues and the relief requested. A meeting may be held to discuss the issues still in dispute, but such a meeting is not required. The employee must indicate within 5 the intention to request that the grievance be qualified for a heating or to conclude the grievance. DEFINITIONS & NOTES Worki~ - 5~ "l?~em~" on ~ 15, 5 lEI Qh,alificafion for a Heari To proceed to a hearing, a gr/evance must be qualified. Not all ~rievances may proceed to a hearing. Only those which challenge the following actions may be qualified for a hearing. Actions Which ,ARE To Be Q~fJed Formal discipline ( Written Notices and terminations, suspensions, demotions, transfers, or assignments issued in conjunction with such Written Notices) and dismissals for unsatisfactory performance must be qualifiecC If there are facts which may support one or more of the following actions, the ~rievance should be qualified for a hearing: 1. Unfair application or misapplication of policies, procedtnes, rules, and 2. Disobnination on the basis of race, color, religion, political affiliation, age, disability, national origin, or sex; 3. ArbRra~ of' capricious performance evalt,~on; 4. ~on for participating in the grievance process, complying with any law or reporting a violation of such law to a ~rnmental authority, seeking to change any law befo~ Congress or the General Auez~ly, reporting a violation of fraud, waste or abuse to the state Hotline, or exercising any right otherwise protected by ~ or 5. Disciplinary transfers, assignments, demotions, sus0ensions, or other actions which similarly affect the employment status of an employee~ Actioas Which Are NOT ~ Complaints which relate solely to thc following issues may not be qualified for a hearing: 1. Establishment or revision of wages, salaries, position classifications, or general benefits; 2. Contents of statutes, ordinances, personnel policies, procedm~ rules, and regulations; 3. Means, methods, and personnel by which work activities am undertaken; 4. Hiring, promotion, transfer, assignment, and n.,tention of employees; 5. Termin~on, layoff, demotion, or suspension from duties because of lack of work, reduction in work/on:e, or job abolition; DEFINITIONS & NO?ES 6 :ollfication for a Hearing, continual Actions Which Are NOT Qualified, continued 6. Work activity accepted by an employee as a condition of employ- ment or which may be reasonably expected to be a part of the content of the job; 7. Relief of employees from duties in emergencies; or 8. Informal supervisory instructions (e.g. counseling memorandum, oral reprimand, manner of providing supervisory directions). The fact that the claim challenges an action reserved to management under this section does not preclude it from being qualified if there is some support for a claim of discrimination, retaliation, misapplication of policy, or discipline. Agency Head's Determination The agency head must determine within 5 wor/da~ whether the grievance qualifies for a hearing. This determination is to be based on the criteria listed above. In responding the agency head may wish to address, in addition, the merits of the grievance and the .relief requested. [ wso ~ Appeal to DERC If the grievance is not qualified for a hearing, the employee may request that the Direaor of DERC qualify the grievance for a hearinH The employee must submit the request in writing to the agency's Human Resources office within $ workdays. The agency's Human Resources office, upon request of the employee, must copy and mail the grievance record complete with all attachments to DERC within $ workdays. (The original grievance record is to be maintained by the agency.) If the grievance is not qualified for a hearing by the Oimctor of DERC, the employee may request that the circuit court qualify the griev. ance. The request must be made in writing to the agency's Human Resources officer. DEFINITIONS & NOTES DERC - Dep.,rn~ent of Empbyee Rel~iem Counselers: ~8~-7~94 i~ Richmond. (888) 25- ADVICE toll-five · Qualification for a Hearing, ~ The Human Resources officer will forward the ~r/~ record within 5 workdays to the circuit court in the jurisdiction in which the grievance arose. If the Human Resources officer does not forward the record, the employee may request the circuit court to issue an order requiring the transmittal of the record. -~ W~thin 30 calendar days of receivir~ the grievance ~ the court sitting without a jury should hear the appeal on the record and such additional evidence as may be n~_~:e~_~y to re~oive any controversy as to the correctness of the recorcL The court may receive other evidence a~ its dis- cr~tion. The employee may have legal represen~fion or represent himself at the heafing~ Lay advocates are not allowed. The decision of the court is final and not al~2able. --~ Because the appearance of wimesses is within the diso~on of the court, the parties must notify the court that they are requestinll permission to have witnesses testify at the hearinf~ Del~ndin~ upon the hearing; in makin~ the request it is helpful to provide some available dat~ Some courts will not schedule a hearin~ until dates are submitted by the parties. The Clerk of the court can be helpful in arranl~l~ these matter~. DEFINITIONS D£RC - Dep~rtrnent of £rnpl~ee Rel, ttiom Counseton: 78~- ~994 in Ri¢brn~nd. (888) 23- ADVICE toll-free 8 The Hearing -~AII qualified gr/emnces, except those noted below, proceed to a hearing before a hearing officer selected by the Director of DERC on a rotating basis from a list supplied by the Executive Secretary of the Supreme Court of Virginia. The hearing must be held and a written decision issued no later than 30 calendar days a~er the appointment of the hearing officer. This time can be extended only upon a showing of good cause. Planning the Hearing The hearing must be held in the locality where the employee is or has been employed. The agency must arrange a place for the hearing unless the hearing officer chooses to make the arrangements. It is the responsibility of the hearing officer to notify the parties, either in writing or at the preheating conference, of the date, time, and place of the hearing. Absence from the Hearing When a hearing is scheduled, it is the responsibility of the parties to appear or to ask for a postponement. A hearing may proceed in the absence of one of the parties; a hearing so conducted will be decided on the la%vance record and the evidence presented at the hearinl~ The parties may be rep- resented by legal counsel or other represe__;n~, or may represent themselves. --~A hearing is to last no more than one day, unless the hearing officer should determine that the time is not sufficient for a full and fair presentation of the evidence by both sides. A hearing may be continued into the evening or on weekends. The hearing officer may grant a postponement or extend the 30 day period for ~ cause. for Departmen of .Corrections and Youth & Family Services Qualified grievances of employees of the Depamnents of Corrections and Youth and Family Services who have been terminated for inmate abuse, for a criminal conviction, or for being placed on probation for a first offense proceed to a hearinl~ before the circuit court in the jurisdiction in which the employee had been employecL In its discretion, the court may refer the matter to a lawyer who serves as a commissioner in chancery to take such 9  Exception for Ik, partments o£ Corrections and Youth & Family Services, con~inue~ The parties may be represented by lel~ counsel or other representative or represent themselves. Witnesses are permitted to be called and such representatives may examine, cros,veaxon/ne, question, and present evidence before the court. The court, sitting without a jury, must hear the evidence. The agency's action is to be upheld unless it is shown to have been unwarranted by the facts or contrary to law and policy. The decision of the court is final and not appealable. I w.o Authority of the Hearing Officer Hearing officers have the authority to: 1. issue orders for witnesses or documents; 2. Administer oaths; 3. Receive documentary evidence and hear testimony, and exclude that which is irrelevant, immaterial, repetitive, or confidential by ~ 4. Decide on ~ requests; 5. Hold a conference (in person or by telephonic means) to simplify the issues, decide procedural matters, discuss settlement possibilities, and establish the date, time, and place of the hearinl~ 6. Order the parties to exchan~ a list of witnesses and documents; and 7. Determine the ~r~z~mc~ based on the evidence (not on procedural matters that had occurred in the p _roc~s__~ug of the ~evance) and provide appropriate relief. Rules ~ the Hearing Hearings are to proceed as follows: 1. Opening and dosing statements may be made by each party;, 2. Each party may be ~e~ent~ by an individual of choice; 3. In disciplina~ actions, the al~ncy must pre~nt its evidence fn~t and must show by a ~mmd~g~ o/~d~e that the disciplina~ action was warranted and appropriate under the circumstance~ 4. With all other actions, the employee must present his or her evidence first and must, show by a ~ o~ ~ that a proper claim is present; 5. Formal roles of evidence do not apply;, DEFINITIONS & NOTES page 15. 10 The Hearing, cont ued Rules for the Hearing, cont/nued 6. Non-party witnesses are not to be present in the hearing except to give testimony and be cross-emro/ned; 7. Exhibits offered may be received into evidence and made part of the record; 8. The hearing must be recorded veal, at/re. [The a~ency has the responsibility of ananging for proper recording equipment.] The heating officer is responsible for the recording and is to preserve the recorded tapes as l~t of the grievance record. Either party may receive a copy of the recording, if requested, for the cost of reproduction. A court reporteris not required. If a party requests a court reporter, that party is res~nsible for the costs. If a transcript is made, the other party may obtain a copy for cost; 9. The hearing officer has the authority to determine the propriety of the attendance of aH persons not having a direct involvement in the hearing including witnesses and spectators; and 10. The hearing should be dosed to the public. '~ The Dec~'on The hearing officer's decision must be in writing and contain the findings of fact and the basis for those findings. In granting relief the hearing officer should be guided, but not bound, by the relief requested in the written grievance. Appropria~ relief can include reinstatement to the em- ployee's former position or, if occupied, to an objectively similar pozition in terms of duties and salary, normally in the same work or orgsni~%nal unit; an award of no, partial, or full badt pay; and the restoration of full benef~ seniority, and other legal entitlement~ .~_oninst an award of full or oartiai back pay, interim earnings ate to be deducted. Damages and attorney's fees cannot be awarded. WHO Aporopri. a~e relief may also include an order to create an environ- ment free from discrimination or retaliation or to take con, tM actions necessary to cum the violation and/or minimize its recurrence. Other prospective relief cannot be orderecL The a~ency cannot be ordered to promote, hire, or trans~ any employee. However, the hearing officer can rec- ommend such action and if the recommend~ion is acted upon by the a~ency, the action shall be given weight in any subsequent proceedin~ If a policy was unfairly applied or mi_~pplied, the hearing office' can direct the agency to redo the action from the point at which it became tainted. DEFINITIO~ & ~ 11 Implementation of the Decision The decision is final and binding if consistent with policy and law. The decision is effective from the date issued and must be implemented immediately unless circumstances beyond the control of the a~ency delay such implementation. Implementation may be stayed if a challenge is made to the decision. Circuit Court Order The circuit court has the authority to issue an order requiring implemen- tat. ion of the decision and to award attorney fees for seeking the order. Challenges to the Decision There are two types of challenges which can be made to the decision of the hearing officer. Challenges must be made in writing within 5 wor/~gs of receipt of the decision with a copy to the other party. o ReconsideratiOn or reol~ning requests are made to the hearing officer stating the basis for such request; generally, newly discovered evidence or evidence of incorrect lethal conclusions are the basis for such requests. The hearing officer has sole authority to grant such requests. Consistency with policy challm~ are made to the Director of the Department of Personnel and ~aininl~ to make such a request, the party must cite to a particular mandate in policy. The Director's authority is limited to directing the hearing officer to ~vise the decision to conform it to a provia'on in written policy. (see also Hearing officer Non-comp~ce ~ 13) Once the challenge has been decided, it may not be appealed. A decision once affirmed or conformed is final. DEFINI~I(~An3 12 There are two types of compliance challenges which may arise 'cl~i~g the course of processing a grievance. The Director of DERC is authori~tn issue final rulings on such matters. Party Noncompliance Sometimes a party may not take a required action. To com~· party to act, the following must be done: 1. Write the other party stating explicitly the omission or error, 2. Allow the party 5 workda.~ al~er receipt of the notice to take ~r correct the required action; 3. R~uest a ruling from DERC within 5 workdays if the violatim Ires not been corrected; and ' 4. If the Director of DERC should find that there was a violation da substantial procedure/~quirement and that there was nojtt, st grot.se for failing to correct the violation, the Director may award a d~sion a~ainst the noncomplying party on any yrievance presentin~ a qualifiable issue. For errors which the Director determines to be harmless or for emus relating to the proper clisdosure of information, the party must ~ with the order of the Oirector. The failure of a party to comply with suc~ ~der can result in a decision in favor of the other party. Compliance decisions are final and not appealable. ' If the a~ency is out of compliance, notification of non~omptmce must be made to the a~ency head. Hearing Officer Noncompliance When there are questions of compliance with the conduct tithe hearing or the exercise of authority by the hearing officer:. 1. An objection should be made at the time the error is noted. 2. A ruling from DERC must be requested within 5 workdays fm~ the date that the noncompliance was noted. A copy of the reque~ Ig a ruling must be sent to the other party. 3. A decision in favor of a party is not awarded if there should I~ noncompliance by a hearing officer;, the sole remedy is that the action be correctly taken. DEFINITIONS & NOTES DEItC - Del~rtrnent of Ernl:loyee Rel~ti~m Counselors: ?86-7994 in Ricbm~ndo (888) 23- ADVICE toll-J~ee ,n)age 15. 13 Compensation and Reimbursement State employees who serve as witnesses or representatives in gr/evances arising in their own agency, are to be compensated for the actual time at the hearing (not preparation time) at their normal salary in accordance with applicable personnel policies. Such time is not to be charged ~inst any leave balances. Reasonable costs for transportation, meals, and lodging are to be reimbursed in accordance with state t~avel regulations. L~ab, e Employees are to be granted administrative leave to consult with the Department of Employee Relations Counselors (DERC), to serve as a repre- sentative for an employee within the agency, and to appear as a witness in a grievance matter. Employees are also granted administrative leave to participate in the steps of the grievance process. Agendes may grant the employee reasonable time to prepare for the presentation of the grievance. Disability Accommodations A hearing impaired employee who requests a sign language interpreter is to be provided such an interpreter throughout the entire grievance process at the agency's expense. A visually or otherwise physically or mentally impaired employee who cannot with ease take written notes may use a tape recorder during all steps of the grievance procedure. Use of Copying, FAX, and Telephone The initiation of a grievance is official business. Therefore, the employee may make reasonable use of a copying machine, the FAX, and the state telephone lines to communicate during the grievance process with the Department of Employee Relations Counselors. Grievance Procedm Ava able on Tape This grievance procedure is available in its entirity on tape for any em- ployee who reque~ such ~ccommodation. There is also a video available at the Human Resources office which explains the grievance procedure. It may be borrowed for viewing~ DEFII~TIONS & NOTES ~ DERC - Dep~ronent of Empl~ee Relations Counse~rs: 78&7994 in Richmond, (888) 23- ADVICE toE-~ 14 Definitions Agency Head - The Director, Commissioner, or other appointed head of the state agency or the individual who has been delegated the authority to act for the agency head. .4rb/trory or C.a~dous - Unreasonable action in disregard of the facts or without a determining principle. Atta~ - Documents joined with the griev- ance form iff the resolution steps and in the qualification decision. Back Pay - Retroactive payment of wages, bonuses, leave or other benefits, overtime (if a requisite of the job) and other forms of fixed compensation, as directed by the hearing officer. d2ass/f~ Emp/o//ee - Employees who occupy positions within the occu0ational classes that are listed in the Commonwealth's Compensation Plan and who ~re covered by the Virginia Personnel Act. Cont/nuance - The postponement of a hearing to a later ~ or time. Ouss-~ - Questioning by the opposing party to test the lmuth or further develop the prior testimony of a witness. D/soim/nat/o. - Different or hostile t~:,tment based on race, ~olor, religion, political affiliation, al~, disability, 'n~ional origin, or sex. Eqoed/ied Pro.:_.~_-_~ - A shortened process available for termin~ons, demotions or suspensions without pay, or loss of wages. of the employee (the individual responsible for completing the performance evaluation or ~iving daily work insUuctions). Gr/eva.~ - Written com01aint on the grievance form stating the ~ of the claim, the facts in support of the claim, and the relief requested. Harassment - Action taken with the intent or put- pose of impeding the operations of the agency. I.~/m Eam/m~ - Income earned in lieu of st~ sah~9, or other regularly earned compensziion. Invo/u. tory.e_.~__'~-.nat/o,, - ~on which is not of free will and informed; resignation obtained through misrel~sentation, dece0tion, duress, coercion, or time pressure. Just Cause - A reason suffidently compelling to excuse not taking a required action in the griev- ance proce~. ~ed/a~'on - Volunta~ process through which individuals, with the assistance of mediators, may reach an agreement to resolve work- related issues. Ysfft/gafing (]{k,~mz~lu~ - Circumstances that tend to lessen the sefiousuess of the misconduct or to reduce the level of discipline warranted. ~ce o~tfie ~ - Evidence which probable than not; evidence that is more convincing than the opposing evidence. Proaed~ ~ - Formal procedures deemed essential to ensure fairness in the {tier- /tt, eaiaito. - h:tions tal~n by manaltement or condoned by ~t because an employee exercised a right protected by law or reported a violation of law to a proper authority (e.g "whistlebiowing"). by the agency who is in a senior management · position and has the requisite autho~ to provide the employee with the appropriate relief. 77grd-~/tkspona~ - The agency head or an individual designated by the agency who is a deputy, asmUmt commissioner, direcmor, or manaeer most senior in the employee's Hne-of- supervia'on and who has the last opportunity to resolve the grievance in the resolution steps. Verbat/m - ~ won:! by word but not neuasatily tl-~scri~ Wo,/atmy - Normal work schedule (excludin~ authorized leave time) for the individual responsible for taking the requited action. ~ Notice - Formal written disciplinary action taken under the Siandards of Conduct. 15 TIPS FOR A SUCCESSFUL HEARING Employee Rekitions Counselors Fi'O':-or many, thought the of going to a grievance hearing can be intimidating. Recognizing this, the Department offers a training course which provides information on how to best prepare for the grievance hearing. The training is available to state employees who wish to learn how to pre- sent a case before a hearing officer. The Critical Time is Before the Hearing After the grievance has been qualified for a hearing, immediately begin to orga- nize. Learn what the witnesses will say, review all documents, and focus on your opponent's case as well as your own. Ask for a pre-hearing conference. · At the pre-hearing conference, which can be by telephone, make sure that everyone agrees on what issues were qualified for the hearing, request the hearing officer to issue orders for the appearance of witnesses and for docu- ments, and set the date, time, and place for the hearing. · Prepare for the hearing by organizing your facts and events, devdoping appro- priate exhibits, and preparing wit- nesses; an outline should be developed. The hearing will follow an established order. In all grievances, involving disci- pline or termination the agency goes first. For all other grievances, the employee goes first. Whoever goes first, is first for all actions from the opening statement, through the presentation of the evidence, to the closing statement. Opening Statements are the Road Maps for the l-Iearing The purpose of the opening state- ment is to paint the picture for the hear- ing officer of your side of the story. It will be the road map that the hearing officer will use to follow the evidence. Without a clear opening statement, the hearing officer may get lost and not pick up on important evidence from a wit- ness. A good opening statement should: · summarize the facts that will be pre- sented through witnesses and docu- ments; · tell why your view of the facts is more reasonable; · point out the holes in the other's facts; and · state what you want the hearing offi- cer to do and why the outcome requested is fair. Opening statements are not evidence. Therefore, you must make sure that the facts actually come into evidence through the words of your witnesses or documents. The Evidence After the opening statements, wit- nesses are called and evidence is pre- sented. The advanced preparation of wit- nesses is also important: · plan the order of the witnesses care- fully, place strong witnesses first or last because their statements will be most memorable; · prepare an outline or list of the ques- tions to ask witnesses; · make sure the witnesses are able to tell the who, what, where, when, how and why of the story; and · have witnesses introduce the docu- menm Although the rules of evidence do not apply, some evidence will be more per- suasive than others. The fact that evi- dence is received by the hearing officer does not mean that it will be given equal weight with other information. For example, an eyewitness is better than a person who only heard of the informa- tion from the eyewitness, or a witnes~ is better than the witness' written state- ment. A witness' opinion or conclusion is not as good as an account of the facts. The hearing officer will always be weigh- ing the evidence to determine the more reliable and trustworthy evidence. Closing Statements Should Leave No Holes 'qqhen the examination of the wit- nesses is over, closing statements are made. Closing statements put everything in place; they bring all the points of evi- dence together into a simple understand- able picture. It is important to prepare the elements of the opening statement before the hearing and then adapt it according to the evidence at the hearing. Elements that help make a successful closing statement include: · telling the hearing officer the infer- ences that can be reasonably drawn from the evidence; · emphasizing the positive points of your case and the weaknesses of the other's case;, and · explaining why the weaknesses of your case are not significant. A closing statement need not be long, but it must tie everything together. The Painting Begins with the First Stroke Throughout the hearing, from your entry into the room until the dme you walk tx} your car, make sure that your demeanor reflects courtesy and respect for the other side and the process. It is key to demonstrate that you are reasonable and fair. Your attitude forms the back- ground long before the heating begins. The hearing officer can make a mis- tak~; if that happens ask respectfully for the mistake to be corrected. If the error is not corrected, contact the Department within five days for a niling. · Employee Relations Counselors A RESOURCE FOR EMPLOYEES The Department of Employee Relations Counselors, an agency of the Commonwealth of Virginia, provides services meeting the indi- vidual needs of employees and the technical needs of agency managers. AdviceLine Employee Relations Counseling When things get difficult at work, there is somewhere you can turn -- Advice. Line. State employees experienc- ing employment related conflict may call ($88) 23oADVICE, toll-free, between 8:00 am - 5:30 pm, Monday through Friday, and talk with a counselor. Counselors take the time to listen, to help you gather all the information, and to sort through the issues. Eveqt call is important -- because employee relations is our business. Counselors: · respect your confidendali~; · · help you make sense out of confusing or conflicting simationv, · listen to your problems and concerns; · answer questions on the grievance process; · provide information on employment rights; · assist with developing your best options; · make referrals to appropriate people or resources; · answer questions on mediation and facilitation; and · provide guidance on the path you choose. Mediation Services Working it Out Together Often, people find that they're in con- flict at work without really understand- ing why. They can't talk to their boss, are having trouble with a co-worker, or have been disciplined in a way that they think was unreasonable. Mediation/facilitation can be a great way m address these con- cerns. They are: · voluntary; · confidential; · conducted by trained, neutral parties; · able to explore Underlying issues; and · a way to design your own solution to the problem. OGrievance Procedure Ensuring a Fair Process Sometimes initiating a grievance may be the best way to address your work- place concerns. Remember a grievance must be initiated in writing within 30 calendar days. Should you fred yourself involved in a grievance, or even if you are just exploring the potential use of the grievance procedure, you may contact the Department which will: · provide forms and necessary informa- tion; · determine all questions of access and other procedural issues; · assure that parties abide by established rules ~ induding time constraints; · qualify grievances for hearings; and · investigate claims of retaliation. Learn about the grievance process by reading the Grievance Procedure booklet. Training Services Skill-Building For Employees and Managers Nobody likes employment conflict. The Department strongly believes that work-related conflict can be reduced through training. Classes, available to employees and managers, are small (on the average 18 people) and highly inter- active. Over 100 sessions are offered each year throughout the state, on: · the grievance procedure; · preparation for the grievance hearing; · improving conflict management tech- niques; · basic and advanced mediation; · the facilitation process; and · legal issues affecting the workplace. The course, except for mediation and facilitation, are free and can be scheduled at your worksite. Virginia Department of Employee Relations Counselors (888) 23-ADVICE (toll-ftee) (804) 786-7994 (in Richmond) TDD - both numbers FAX (804) 786-0111 E-MAIL derc@state.va, us INTERNET: www. state.va, uslderc ADDRESS: 1313 East Main Street, Suite 305 Richmond, VA 23219-3600 Equal Opportunity Agency 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 September 24, 1998 File ~60-67 SANDRA H. EAKIN Deputy City Clerk James W. Conner, Secretary/Treasurer S. J. Conner & Sons, Inc. 1507 22nd Street, N. E. Roanoke, Virginia 24012 Dear Mr. Conner: I am enclosing copy of Ordinance No. 34022-092198. accepting the bid of S. J. Conner and Sons, Inc., in the amount of $94,457.00, to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, S. W.; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations James A. McClung, Manager, Fleet Management Charles M. Huffine, City Engineer H:~AGENDAg~,~EP2~ .WPO James W. Conner September 24, 1998 Page 2 pc: Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management H:~AGEN DA96~;~1 .W'PO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 21st day of September, 1998. No. 34022-092198. AN ORDINANCE accepting the bid of S.J. Conner and Sons, Inc., to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, SW, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of S.J. Conner and Sons, Inc., in the total amount of $94,457 to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, SW, as is more particularly set forth in the City Manager's report dated September 21, 1998, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 September 24, 1998 File ~60-67 SANDRA H. EAKIN Deputy City Clerk Jerry Dobbins, Branch Manager Jones & Frank Corporation 5259 Aviation Drive, N. W. Roanoke, Virginia 24012 Dear Mr. Dobbins: I am enclosing copy of Ordinance No. 34022-092198 accepting the bid of S. J. Conner and Sons, Inc., in the amount of $94,457.00, to provide and install two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, S. W.; and rejecting all other bids made to the City for the work. The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure H:~AGEN~ .WPO Mary F. Parker, CMCIAAE Cay C~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File ~60-67 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34021-092198 amending and reordaining certain sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for appropriation of $56,860.00, in connection with a contract with S. J. Conner and Sons, Inc., for construction of two 12,000 gallon fiberglass fuel storage tanks and related work at the Parks and Grounds location at 210 Reserve Avenue, S.W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations H:~AGENDA96~EP21 .WPD James D. Grisso September 24, 1998 Page 2 pc: James A. McClung, Manager, Fleet Management Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 1998. No. 34021-092198. 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 $ 59,371,412 Transfers to Other Funds (1) .................................... 58,537,394 Public Works $ 24,032,132 Building Maintenance (2) ....................................... 3,308,277 Capital Projects Fund Appropriations Recreation - Capital Projects Fund $ 1,642,235 Parks - Storage Tanks (3) ...................................... 96,860 1) Transfers to Capital Projects Fund (001-004-9310-9508) $ 56,860 2) Maintenance of Fixed Assets (001-052-4330-3057) (56,860) 3) Appropriated from General Revenue (008-052-9566-9003) 56,860 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 21, 1998 Council Report No. 98-168 '98 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE, S.W. ROANOKE, VIRGINIA BID NO. 98-3-55 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroll E. Swai~ W. ~lvin Hudson William F. Clark CES/LBC/fm Attachment: Bid Committee Report C,' City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations Manager, Fleet Management City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue September 21, 1998 Council Report No. 98-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE, S.W. ROANOKE, VIRGINIA BID NO. 98-3-55 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/LBC/fm Attachment: Bid Committee Report City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations Manager, Fleet Management City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue September 21, 1998 Council Report No. 98-168 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE ROANOKE, VA BID NO. 98-3-55 II. Background on the subject in chronological order is as follows: Followino ~roDer advertisement, bids were publicly opened and read aloud by D. Darwin RouDe, Manager, Office of Supply Management, on Thursday, June 4, 1998, at 2:00 p.m. B0 Two 12) bids were received with S. J. Conner and Sons, Inc., of Roanoke, Virginia, submitting the Iow bid in the amount of $94.457 and 90 consecutive calendar days. C. Project consists of the fellowing: Two new 12,000 gallon fiberglass fuel tanks with all monitors and controls and other work required for tanks to be located in the floodplain. One new dispenser island plus controls that are compatible with the controls at the Public Works Service Center. The new computer control at the Parks and Grounds is also recorded at the Fleet Management Computer at the Service Center. o This facility will be located behind the Parks & Recreation headquarters on Reserve Avenue inside the fenced vehicle storage yard. It will provide a southside alternative to the Public Works Service Center fuel station, saving employee time currently spent driving across town to re- fuel vehicles and equipment. Current situatien is as follows: A. Proiect has been bid and a contract needs to be execvted. Honorable Mayor and Members of City Council BID COMMITTEE REPORT TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE BID NO. 98-3-55 September 21, 1998 Page 2 III. Issue~ in order of importance are as follows: Compliance of the bidders with the requirement8 of the contract documents for bidding. Amount of the Iow bid. Fundino_. Time of completion. IV. Alternative8 in order of feasibility are as follows: Award a lump sum contract to S. J. Conner and Sons, Inc. in the amount of $94.457 and 9__Q0 consecutive calendar days construction time for two (2) 12,000 gallon fiberglass fuel storage tanks and related work in accordance with the contract documents as prepared by the Office of the City Engineer. These tanks are to be installed below ground in order not to interfere with vehicle movement. Compliance of the bidders with the requirements of the contract documents for bidding were met. 2. Amount of the Iow bid is acceptable. 3. Funding is available as follows: In account 008-052-9566-9003 (Parks - above ground tanks by Budget Ordinance 33761 in April, 1998) 937,597 Transfer from Building Maintenance account 001-052-4330-3057 to Capital Account above 56,860 Total $94.457 4. Time of completion is ouoted as 90 consecutive calendar days. Honorable Mayor and Members of City Council BID COMMITTEE REPORT TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE BID NO. 98-3-55 September 21, 1998 Page 3 B. Reiect the bids and do not award a contract at this time. Compliance ~f the bidders with the requirements of the contract documents would not be an issue. Amount of the Iow bid would probably not decrease appreciably if re-bid at a later date. 3. Funding would not be required. 4. Time of completion would be extended. V. Recommendation is as follows: City Council concur in Alternative 'A' and take the following actions: Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with S. J. Conner and Sons, Inc. In the amount of $94,457 and 90 consecutive calendar days to provide and install two 12,000 gallon fuel tanks and related work at Parks and Grounds at 210 Reserve Avenue, S.W., in accordance with the contract documents as prepared by the Office of City Engineer. Authorize the Director of Finance t~ transfer funding of ~56,860 from Building Maintenance account 001-052-4330-3057 to account 001-004-9310-9508, transfer to Capital Projects Fund. Aisc appropriate funding of the same in the Capital Projects Fund account 008-052-9566-9003 Parks - Above ground tank. Total pro!ect funding $94,457. C. Re!ect the other bid received. CES/LBC/fm Attachment: Bid Tabulation C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS TWO 12,000 GALLON TANKS AND RELATED WORK 210 RESERVE AVENUE, S.W. ROANOKE, VIRGINIA BID NO. 98-3-55 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Thursday, June 4, 1998, at 2:00 p.m. BIDDER LUMP SUM NO. OF DAYS S. J. Conner and Sons, Inc. $ 94,457.00 90 Jones & Frank Corporation $103,767.00 85 Estimated Cost: $60.000* *Tanks went from two (2) 4,000 gallon concrete encapsulated for above-ground installation tanks with dispensers with no controls to two (2) 12,000 gallon fiberglass tanks located underground in floodplain with dispensers and complete controls same as the Service Center. Office of the City Engineer Roanoke, Virginia September 21, 1998 Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #21-221-266 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34000-092198 authorizing the City Manager to execute a Parking Agreement with Cadlion Health System (Carilion) to provide for parking permits as part of the relocation of job positions from outside Enterprise Zone One to within Enterprise Zone One. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, September 8, 1998, also adopted by the Council on second reading on Monday, September 21, 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 pc: David A. Morgan, General Manager, Valley Metro, P. O. Box 13247, Roanoke, Virginia 24032 Matt Wynn, Operations Manager, c/o Market Square Garage, 1108 Campbell Avenue, S. E., Roanoke, Virginia 24013 H:~,GENDAg~EP21.Vl/PO W. Robert Herbert September 24, 1998 Page 2 pc: James D. Grisso, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Kit. B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie L. Price, Administrator, Fifth District Employment and Training Consortium HNM3ENDAgi~8~=P21.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34000-092198. AN ORDINANCE authorizing the City Manager to execute a Parking Agreement with Carilion Health System (Carillon) to provide for parking permits as part of the relocation of job positions from outside Enterprise Zone One to within Enterprise Zone One. BE 1T ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, a Parking Agreement with Carillon dated September 1, 1998, for a term of five years, which may be renewed for up to two five year periods upon mutual agreement of the parties, that will provide for a minimum number of 310 parking permits to Carilion by January 31, 1999, and a maximum of 440 parking permits, all as more particularly set forth in the City Manager's report and attachments to this Council dated September 8, 1998. 2. The monthly charge for the parking permits will begin at the rate of $23.00 per permit per month for the first three years and will increase as set forth in the City Manager's report and attachments of September 8, 1998, and the agreement will provide that the availability of these parking permits will be conditioned upon the creation or relocation ora minimum of 310 additional job positions from outside Enterprise Zone One to Enterprise Zone One and the maintenance of those job positions during the term of the Parking Agreement and that should the job positions not be maintained, Carilion will be subject to additional charges or the Parking Agreement may be canceled, all as more particularly set forth in the said report. 3. The Parking Agreement with Carilion shall be substantially similar to the Parking Agreement attached to City Manager's report to this Council dated September 8, 1998, and shall be approved by the City Attorney. ATTEST: City Clerk. September 8, 1998 Report Number: 98-27 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Existing Business Issue I. BACKGROUND: City Council endorsed a training incentive POlicy on March 14, 1994, by Resolution No. 31907-031494 in Enterprise Zone One to provide training incentive funds of up to two thousand dollars ($2,000) per job for companies creating or relocating a minimum of 200 new jobs to Enterprise Zone One within an 18 month period and retaining those jobs for a minimum of five years. The structure of past training acjreement~ has been between the city, the company, and the Fifth District Employment and Training Consortium (FDETC). The city provides the funding through the FDETC and the company's employees receive the training benefits. The Central Business District has lost more than 2,000 jobs since the opening of the First Union Tower, and encouraging the creation of new jobs in the downtown area is a major focus of the city's economic development efforts. II. CURRENT SITUATION Carilion Health System is rel0catinq 310 permanent, full-time, staffed job positions (positions) to Enterprise Zone One by February 28, 1999, and leasing 73,433 square feet in the First Union Bank building on .lefferson Street. Car, lion anticipates it will have between 390 and 440 new positions in Enterprise Zone One within 48 months. Cadlion Health System plans to obtain parking permi~ for the number of new positions relocated to Enterprise Zone One in the Tower, Church Avenue, and Century Station parking garages. Car, lion Health System officials have reauested traininq ~_s$istanc~ for the 310 new positions relocated to Enterprise Zone One through the Enterprise Zone One training program. Such assistance would provide up to $1,000 per POsition for eligible training expenses incurred between January 1, 1999, and December 31, 2001. The maximum amount to be provided would be $500,000. Further, if the positions are not maintained in Enterprise Zone One for five years, then Cadlion Health System would reimburse the funds at a rate of $400 per position, per year, for each POsition not retained, not to exceed $500,000 or the amount of training funds received, whichever is less. The agreement will be substantially similar to the one attached to this report. Honorable Mayor and Members of City Council September 8, 1998 Page 2 of 5 Cadlion Health System officials have also requested that the city enter into a five year parking agreement effective September 1, 1998, for a minimum of 310 parking permits after January 31, 1999, and a maximum of 440 parking permits. Such agreement would be renewable for up to two five-year periods upon mutual agreement of the parties with payment schedules calculated substantially similar to the attached sheet, Payment Schedule of Car/1/on Health ..,Cystem. The purpose of this agreement is to provide parking for the relocated positions. If the positions are not maintained in Enterprise Zone One for five years, then Carillon Health System will reimburse the city the difference in the monthly rate charged to the general public and the rate under the agreement for each position below the relocated number of posiUons. The parking agreement will be substanUally similar to the one attached to this report. III, ZSSUES A. Economic development in Enterprise Zone One (downtown) B. 'timing C. Funding D. Revenue ALTERNA'rWES City Council amend the prior Resolution No. 31907-031494 to provide for the following in Enterprise Zone One: a. A training incentive policy to provide up to $2,000 per position for eligible training expenses, to be incurred dudng a period not to exceed five years; b. To become eligible, companies must create a minimum of 200 new positions in Enterprise Zone One or relocate a minimum of 200 additional positions from outside Enterprise Zone One to Enterprise Zone One within an 18-month consecutive period; The policy would be subject to availability of funds not to exceed $500,000 per company; and The positions, or equivalent positions, must be maintained for a minimum of five years or the company will reimburse the funds at a rate of $400 per position, per year, for each position not retained. City Council authorize the City Manaoer to enter into a trainino agreement with Carillon Health System and the Rfth District Employment and Training Consortium to provide up to $1,000 per position for eligible training expenses incurred between January 1, 1999, and December 31, 2001, provided Cadlion relocates 310 positions as set forth in I[-A. The maximum amount to be provided would be $500,000. Further, if the posiUons are not maintained in Enterprise Zone One for Honorable Mayor and Members of City Council September 8, 1998 Page 3 of 5 five years, then Carilion Health System would reimburse the funds at a rate of $400 per position, per year, for each position not retained, not to exceed $500,000 or the amount actually received by Carilion. The agreement will be substantially similar to the one attached to this report. City Council aooroDdate $310,000 from the Undesignated Capital Projects Fund Balance to an account to be designated by the Director of Finance for the training expenses. City Council authorize the City Manager to enter into a Darkina agreement with Carillon Health System for parking permits for the number of new positions for a five-year period effective September 1, 1998, for a minimum of 310 parking permits after .lanuary 31, 1999, and a maximum of 440 parking permits. Such agreement would be renewable for up to two five-year periods upon mutual agreement of both parties with payment schedules calculated substantially similar to the attached sheet, Payment Echedu/e of Cad#on Hea/t~ System, provided Carilion maintains the positions in Enterprise Zone One. The parking agreement will be substantially similar to the one attached to this report. Economic develOl~ment in the downtown Enterprise Zone. would be positively impacted in that the new positions will be relocated to the zone, restaurants and shops will gain revenue, 73,433 square feet of office space will no longer be vacant, and more parking spaces will be occupied in the downtown garages. Timina is critical in that Carilion Health System needs to begin relocating the new positions to Enterprise Zone One by the end of August 1998. Funding iS available in the amount of $310,000 from the Undesignated Capital Projects Fund Balance. Revenue to the city would increase by an estimated $476,256 in the first five years of the agreement (See attached Payment Schedu/e of Ca#//on Hea/th System). City Council not amend the prior Resolution No. 31907-031494 to provide for the items listed in IV-A1 of this report. City Council not authorize the City Mana_eer to enter into a traininq agreement with Carilion Health System and the Fifth District Employment and Training Consortium to provide up to $1,000 per position for eligible training expenses incurred between January 1, 1999, and December 31, 2001. City Council not aoorooriate $310,000 from the Undesignated Capital Projects Fund Balance to an account to be designated by the Director of Finance for the training expenses. Honorable Mayor and Members of City Council September 8, 1998 Page 4 of 5 City Council not authorize the City Manager to enter into a parking agreement with Carillon Health System for parking permits for the number of new positions for five-year period effective September 1, 1998, for a minimum of 310 parking permits after .January 31, 1999, and a maximum of 440 parking permits. Economic development in Roanoke's Enterprise Zone One would be negatively impacted in that positions will not be relocated to the zone, restaurants and shops will lose potential revenue, 73,433 square feet of office space will remain vacant, and fewer parking spaces will be occupied in the downtown garages. 'lqming would be negatively impacted since Cadlion Health System needs to move the positions immediately into Enterprise Zone One. c. Funding would not be affected. d. The increase in parkinq revenue would not be realized. V. RECOMMENDATION: It is recommended the CiW Council adoot Altemah~ve A: A. 1. City Council amend the prior Resolution No. 31907-031494 to provide for the following in Enterprise Zone One: a. A training incentive policy to provide up to $2,000 per position for eligible training expenses, to be incurred dudng a period not to exceed five years; b. To become eligible, companies must create a minimum of 200 new positions in Enterprise Zone One or relocate a minimum of 200 additional positions from outside Enterprise Zone One to Enterprise Zone One within an 18-month consecutive period; c. The policy would be subject to availability of funds not to exceed $500,000 per company; and d. The positions, or equivalent positions, must be maintained for a minimum of five years or the company will reimburse the funds at a rate of $400 per position, per year, for each position not retained. City Council authorize the CiW Manager to enter into a training aqreement with Carillon Health System and the RI~ District Employment and Training Consortium to provide up to $1,000 per position for eligible training expenses incurred between .January 1, 1999, and December 31, 2001, provided Carillon relocates 310 positions as set forth in I1~-A. The maximum amount to be provided would be $500,000. Further, if the relocated positions are not maintained in Enterprise Zone One for five years, then Cadlion Health System would reimburse the funds at a rate of $400 per position, per year, for each position not retained, not to exceed $500,000 or the amount actually received by Cadlion, whichever is greater. The-agreement will be substantially similar to the one attached to this report. Honorable Mayor and Members of City Council September 8, 1998 Page 5 of 5 CiW Council aoDroodate $310,00o from the Undesignated Capital Projects Fund Balance to an account to be designated by the Director of Finance for the training expenses. City Council authorize the City ManacJer tO enter into a parkinq aqreement with Carilion Health System for parking permits for the number of new positions for a five-year period effective September 1, 1998, for a minimum of 310 parking permits a~cer .~anuary 31, 1999, and a maximum of ~ parking permits. Such agreement would be renewable for up to two five-year pedods upon mutual agreement of both parties with payment schedules calculated substantially similar to the attached sheet, Payment Schedule of ~adlion Healb~ System provided Carillon maintains the positions in Enterprise Zone One. The parking agreement will be substanUally similar to the one attached to this report. Respectfully submitted, W. Robert Herbert City Manager CC: Diane S. Akers, Management & Budget Willard N. Claytor, Real Estate Valuation Wilburn C. Dibling, .lr., City Attorney James D. Gdsso, Director of Finance Kit B. Kiser, Utilities and Operations Vickie L. Price, Fifth District Employment and Training Consortium .lames D. Ritchie, Assistant City Manager David Morgan, Valley Metro General Manager I~latt Wynn, c/o Market Square Garage COPY AGREEMENT TI-IlS AGRF. EM~IT is dated September 1, 1998, by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of V'trginia, hereinafter referred to as the "City," the FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM, a governmental agency created by the acts of the Cities of Clifton Forge, Covington, Salem and Roanoke and the Counties of AHeghany, Botetourt, Craig and Roanoke, hereinai~er referred to as "FDETC," and CARILLON HEALTH SYSTEM, a nonprofit Virginia corporation, hereinai~er referred to as "Carilion." WITNESETH: WItEREAS, Carilion or its subsidiaries have agreed to create or relocate a minimum of 3 I0 additional permanent full time job positions in Roanoke City's Enterprise Zone One; and WHEREAS, this creation or relocation of positions will require the employment and training of the individuals selected to fill those positions; and WHEREAS, the FDETC was created to administer employment and training funds on behalf of the creating jurisdictions; and WHEREAS, the City desires to make funds available to FDETC for the purpose of training the individuals selected to fill those positions. NOW, THER~I~OI~ the parties mutually agree as follows: SECTION 1. ]~tln~ramh For the purpose of this Agreement, the following words and phrases shall have the following meanings .unless otherwise indicated: (a) The term "base period staff level" shall mean the number of pennanently qualified positions Carih'on employs or has in Roanoke's Enterprise Zone One prior to September 1, 1998. (b) The term "Carilion' shall mean Carilion Health System or its subsidiaries (subsidiaries being defined as a corporation or entity of which Carillon Health System owns or controls more than so%). (c) The term "equivalent position" shall mean a qualified position as defined below that provides the same or greater salary and benefits as the position it replaces. (d) The term "q~$ or qualified position" shall mean a permanent staffed, full-time or permanent fidl time equivalent (40 hours per week), job in which the person who is employed by Carilion or any of'its direct subsidiaries and is staling that job is permanently located in Roanoke's Enterprise Zone One. (e) The term "goanoke's Enterprise Zone One" shall mean the area designated as Enterprise Zone One as shown on the Enterprise Zone One map located in the City's Office of Economic Development. SECTION 2. Creation or Reloeation of Oualifvinn Positions. Carillon agrees to create or permanently relocate within Roanoke's Enterprise Zone One from locations outside Roanoke's Enterprise Zone One a minimum of 310 additional qualifying positions on or before Febnmty 28, 1999, and to maintain in Roanoke's Enterprise Zone One those or equivalent positions together with the positions previously located in Roanoke's Enterprise Zone One until at least midnight of February 28, 2004. Should Carilion fail to permanently create or relocate and maintain the said 310 additional qualifying positions together with the positions previously located in Roanoke's Enterprise Zone One as set forth in the Agreement, or otherwise fail to comply with any ofthe terms of this Agreement, then this Agreement may be terminated by the FDETC or the City and Carillon will also comply with the repayment obligations to the FDETC and/or the City as set forth in this Agreement. SECTION 3. Traininn Funds and Base Period Staff Level. The City shah donate to FDETC up to $1,000 per employee for trainin$ funds for each qualifying position created or relocated from outside Roanoke's Enterprise Zone One by Carillon during the six-month period beginning September 1, 199% and ending February 28, 1999, up to a total of $500,000. In order to establish a base period stafflevel for the qualifying positions, Carilion will provide to the FEDTC a listing of all job titles and the number of persons employed and existing positions prior to Septerntm' 1, 1998, in Roanoke's Enterprise Zone One. No funds shah be donated until the FDETC receives verification that & minimum of 310 additional qualifying positions hav~ been created or relocated in Roanoke's Enterprise Zone One aRer September 1, 1998. Thereafter, funds will be disbursed monthly upon receipt of a disbursement request and appropriate verification by Carilion to the FDETC, and shall include sufficient documentation for allowable amounts expended or incurred by Carilion, but such fimds shall only he available during the period of January 1, 1999, to December 31, 2001. After December 31, 2001, no training funds will be available under this Agreement. SECTION 4. Maintenanee of Positions/Re~ort Reauirements~enavment and Late Fees. Carillon agrees that the net gain in the qualifying positions mentioned above or equivalent positions must continue for a period of at least five (5) years from March 1, 1999. "Net gain" for the purposes of this Agreement shall be the current number of qualifTing positions located in Roanoke's Enterprise Zone One on March 1, 1999, less the base period staff level, but which in no event shall be a number less that 310. On March I of each year, beginning on March 1, 1999, through March 1, 2004, Carilion will report to the FDETC the net gain in qualifying positions. On April I, 2000, and each subsequent year therea~er, through April 1, 2004, Carilion will repay to the FDETC $400.00 per position per year for each decrease in the net gain in qualifTing positions ~om March 1, 1999. (By way of example only, if on March 1, 1999, Carih'on had a total of 500 qualifTing positions in Roanoke's Enterprise Zone One and the base period staff'level on August 31, 1998, was 190, then the net gain in qualifTing positions for March 1, 1999, would be 310. If on March 1, 2000, Carillon had only a total 475 qualifTing positions in Roanoke's Enterprise Zone One, the net gain for March 1, 2000, would be 285. This would be 25 qualifying positions below the 310 net gain for March 1, 1999, and Carilion would owe the FDETC the repayment amount of $400 times 25 to equal $10,000 and would have to repay that amount to the FDETC by April 1, 2000, to avoid interest charges.) Should the FDETC receive payment of any amounts due al~er April I of each year, then Carilion agrees to add eight (8) percent annualized interest to that payment. Provided, however, that in the event the net gain in qualifying positions exceeds 310, any reductions in qualifTing positions which do not reduce the net gain to below 310 shall not-require repayment for such decreases. In no event shah the total repayment to the FDETC exceed the total amount received by Carilion under this Agreement. Upon receipt of such repayments l~om Carilion, the FDETC shall return such funds to the City. SECTION ~. Reimbursement Proeedures. Upon o'eation or relo0ation of the first 310 additional qualifying positions, Carilion shall submit to the FDETC verification, satisfactory to the FDETC, of the actual number of additional qualifying positions created or relocated. The FDETC shall submit such verification to the City along with its request for the City's appropriate donation. Upon receipt of a disbursement request for training fund~ from C~lion documenting its expenditures, the FDETC shall reimbur~ Carilion allowable expens~ from fund~ donated by the City. Allowable expenses under this Agreemem shall includ~ approved training expondimre~ including, but not limited to th~ following: salaries for outsid~ trainers and training consultant.s; travel and lodging expenses for trainer% consultants and employees while in training; training material~, printing ~ and expenses for internal training facilities and equipment; telephone charges for long distance, teleconferencing and video conferencin8; and rental of space for external training, external training programs offered t~-ough vendors, and development costs for programs attributable to the additional qualifying positions. SECTION 6. Term. The term of this Agreement shall be fi.om September 1, 1998, through February 28, 2004,. unless sooner terminated as provided for in this Agreement; provided, however, that the termination or expiration of this Agreetnent shall in no way cancel or avoid the reporting and/or repayment obligations of Carilion set forth in this Agreement. SECTION 7. Forum Selection and Choke of Law, By virtue of entering into this Agreement, Carillon submits itself to a court of competent jurisdiction in the City of Roanoke, V'u'ginia, and furtber agrees that this Aareemem is controlled by the laws ofthe Commonwealth of V'trginia and that all claims, disputes, and other matters shall only be decided by such court ac, cording to the laws ofthe Commonwealth of Vh'ginia. SECrXON This A reement and the rights and obligations hereunder may not be sold, assigned, or transferred at any time by Carilion without the prior written consent of the Executive Director of the FDETC and the City Manager, such consent not to be unreasonably withheld. SECTION 9. Audit Carih'on asrees that the FDETC or the City or any of their duly authorized representatives shall have access to any information, books, documents, papers, and records of Carilion which are pertinent to this Agreement for the purpose ofmakin$ an audit, examination, excerpts, transcriptions, or verification of any information or fisures provided to them by Carillon. SECTION 10. Successors and Assigns, The terms, conditions, provisions and undertakings of this .Asreernent shall be bindin8 upon and inure to the benefit of each ofthe parties hereto and ~heir respective successors and assigns. SECTION 11. Nondiscriminstion. Carillon shall not discrhnimto on the basis ofF*ce, religion, color, sex or national origin in its employment practices, con~ or provision of services in any matters arising out of this Asreement in violation of any applicable federal, state, or loc, al laws or ref~lations. SECTION 12. f,~onlnt~L Each party agrees to cooperate with the other in executing any documents noc, essary to carry out the intent and purpose of this Asreement. SECTION 13. Counteruart CoDieL This Asreement may be executed in m~y number of counterpart copies, each of which shall be deemed an orishml, but all of which together slufll constitute a single instrument. SECTION 14, ~mb]]]~ If any provision of this Asreemem, or the application of any provision to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaininS provisions ofthis Agreement shall not be affected and all other terms and conditions ofthis 6 Agreement shall be valid and enforceable to the fi211est extent permitted by law. SECTION 15. ~ Carilion asrees that the FDETC's or the City's waiver or failure to enforce or require performance of' any term or condition of' this Agreement or their waiver of' any particular breach of' this Agreement by Carilion extends to that instance only. Such waiver or failure is not and shall not be a waiver of any ofthe terms or conditions ofthis Asreement except as set forth herein, or a waiver of any other breaches of this Asreement by Carih'on and does not bar either the FDETC or the City I~om requiring Carilion to comply with aH the terms and conditions of this Asreement and does not bar the FDETC or the City fi.om asserting any and aH rights and/or remedies they have or might have against Carih'on under this Agreement or by lnw. SECTION 16. Cantions and l~eadinm. The section captions and headings are fi~' convenience and reference purposes only and shall not affect in any way the meaning or interpretation of' this Agreement. SECTION 17. Entire A_nreement and Amendments. This Agreement constitutes the entire ngreement of the parties hereto and supersedes aH prior offers, negotiations, and asreements among the parties. No amendment to this Agreement shall be valid unless made in writing and sisned by the parties hereto. IN WITNESS ~OF, the parties hereto have signed this A~reement by their authorized representatives: ATTEST: Parker, City Clerk CITY OF ROANOKE By: City Man~er/Assistant City Mm~er ATTEST: ATTEST: Approved as to Form: City Attorney Appropriation and Funds Required For this Contract CerVical: Director of Finance Date Acct. # FIFrH DISTRICT EMPLOYMENT TRAINING CONSORTIUM Vickie Price, Executive Director CARILLON HEALTH SYS~ Approved as to Execution: City Attorney COPY THIS PARKING AGREEMENT is dated September 1, 1998, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation orsanized and existing under the laws of the Commonwealth of V'trginia, hereinafter referred to as the "City," and CARILLON HEALTH SYSTEM, a nonprofit Virginia corporation, hereinafter referred to as "Carilion." WITNESSETH: WHEREAS, Carilion or its subsidiaries lmve agreed to create or relocate a minimum of 310 additional permanent ~ull time job positions in Roanoke City's Enterprise Zone One; and WHEREAS, this creation or relocation of' positions will require parking permits for the persons selected to fill those positions; and WHEREAS, the City desires to make parking permits available to Carilion for the purpose of making parking ~vailable to the persons selected to fill those positions. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. Definitions. For the purpose of this Parking Agreement, the following words and phrases shah have the following meanings unless otherwise indicated: (a) The term "base period stafflevel" shall mean the number of permanently qualified positions Carillon employs or has in Roanoke's Enterprise Zone One prior to September 1, 1998. (b) The term"Carilion" shall mean Cadlion Health System or its subsidiaries (subsidiaries bein~ defined as a corporation or entity of which Car/lion Health System owns or controls more than ~0%). (c) The term "equivalent position" shall mean a qualitled job position as defined below that provides the same or greater salary and bendit$ as the position it replaces. (d) The term "quali6jinff or quail/led position" shah mean a permanent staffed, full-time or permanent full-time equivalent (40 hours per week), job in which the person who is employed by Carilion or any of its direct subsidiaries and is staffing that job is permanently located in Roanoke's Enterprise Zone One. (e) "Net gain" for the purposes of this Parking Agreement shall be the current number of qualifying positions located in Roanoke's Enterprise Zone One on March 1, 1999, less the base period staff level, but which in no event shall be a number less than 310. (0 The term "Roanoke's Enterprise Zone One" shall mean the area designated as Enterprise Zone One as shown on the Enterprise Zone One map located in the City's Office of Economic Development. SECTION 2. Creation or Relocation of Oualifvinn Positio_n.~- Carih'on agrees to create or perman~ relOCate to Roanoke's Enterprise Zone One from locations outside Roanoke' s.Enterprise Zone One a minimum of 310 additional qualifying positions on or before February 28, 1999, and to maintain in Roanoke's 'Enterprise Zone One those or equivalent positions together with the positions previously located in Roanoke's Enterprise Zone One until at least midnight of August 31, 2003. Should Carillon fail to permanently create or relocate and maintain the said 310 additional qualifying positions as set forth in this Parking Agreement, or otherwise fail to comply with any of tbe terms of this Parking Agreement, then this Parking Agreement may be terminated by the City and CarRion will also comply with any payment or repayment obligations to the City as set forth in this Parking Agreement. SECTION 3. Parkinn Permits. (a) Carilion hereby agrees to purchase from the City a minimmn of 310 up to a maximum of 440 parking permits. These parking permits will be in addition to any permits Carilion or its officers or employees may have as of September 1, 1998. These parking permits will be for use in the Tower Parking Garage, Church Avenue Parking Garage and Century Station Parking Garage, during normal business days and hours. Carilion agrees and acknowledges tl~ the parking permits that it purchases under this Parking Agreement do not provide any right or interest in any specific parking space within the garage for which the parking permit is issued. The parking permit only provides the right to park a vehicle in the garage for which the permit is issued and the permits to be provided under this Parking Agreement will he for the Tower Parking Garage, the Church Avenue Parking Garage, and/or the Century Station Parking Garage, or such other parking garage as the parties may agree in the future. Furthermore, Carilion acknowledges and agrees that the number of parking permits assigned to any one garage is not guaranteed and may be changed fi.om time to time at the sole discretion of the City, after 30 days written notice to Carih'on, so long as the total number of parking permits provided to Carilion and for which Carilion will pay as set forth in this Parking Agreement totals at least 310. (b) Each of these parking permits will be subject to any applicable rules and regulations applicable to other parking permits issued for any of those garages. Furthermore, Carih'on agrees that it and any of its officers or employees who may use the parking permits will abide by and be subject to the Rules and Procedures for monthly users of the particular parking garage to which the particular permit applies, including, but not limited to, any card deposits or charges for lost cards, display of visor tags, any limitation on liability, and the signing ora permit agreement by each user of a permit. SECTION 4. Term. The term of this Parking Agreement shall be fi.om September 1, 1998, through August 31, 2003, unless sooner termin~ed as provided for in this Parking Agreement. Upon mutual agreement of the parties, this Parking Agreement may be renewed for up to two additional five year periods. Should either party wish to renew this Parking Agreement for any additional periods, the party requesting the renewal shall notify the other party in writing of such request to renew no earlier than six months before the expiration of the prior Parking Agreement, but no later than three months before the expiration of the prior parking agreement. Alter receipt of such request, the receiving the request will notify the requesting party within sixty days of receiving the renewal request if it consents to the renewal request and the terms of such renewal. If no response is received by the requesting party within the sixty day time period, the renewal request will be deemed to be rejected. SECTION 5. Cost of Parking P~rmi~ (a) Carih'on agrees to pay for a minimum of 310 additional parking permits (regardless of whether Carillon uses any or all of the permits) according to the following schedule: 1. For the first three years, September 1, 1998, through August 31, 2001, the sum of $23.00 per month per parking permit for a total minimum monthly amount of $7,130 per month. Provided, however, fi.om September 1, 1998, through January 31, 1999, Carilion may purchase less than the total 310 parking permits upon giving the City 30 days written notice of the number of parking permits Carilion needs for the next month, with Carilion agreeing to purchase 50 parking permits for September 1, 1998, to September 30, 1998, and 150 parking permits for October 1, 1998, to October 31, 1998. 2. For the fourth year, September 1, 2001, through AUgust 31, 2002, tbe sum of $24.00 per month per parking permit for a total minimum monthly amount of $7,440 per month. 3. For the fifth year, September 1, 2002, through August 31, 2003, the sum of $25.00 pet'month per parking permit for a total minimum monthly amount of $7,750 per month. 4. During th~ term of thia Parkin8 Agr~ment Carilion may purchaa~ fi.om the City up to 130 additional parking l~,n'mits (supplemental permits), all Co) additional paridng permits together not to exceed 440, which will be charged and paid for at the monthly rate then being paid for the minimum 310 parking permits mentioned above. Provided, however, these supplemental permits will only be made available at those rates after Carillon has provided sufficient documentation that it has created or relocated additional qualifying positions in Roanoke's Enterprise Zone One over and above the minimum 310 qualifying positions required by this Parking Agreement for each supplemental permit it requests. Furthermore, these supplemental permits will only be provided by the City if available and if the City, in its sole discretion, determines that such supplemental permits should be made available. Such supplemental permits will be subject to aH the other terms and conditions of this Parking Agreement. Carilion will make the above payments by one check, submitted monthly for the parking costs, payable to the City ofRomoke c/o Allfight Parking 15 East Campbell Avenue, SE, Roanoke, V'trginla 24011 or at such other location as the City may designate to Carih'on in writing. Such monthly payment shall be made by the tenth of each month. In the event that Carillon shah fail to make its monthly payment by the tenth of the month, the City, at its option, and upon ten days written .notice to Carillon, may terminate this Pad~ng Agreement. Any payment made by Carillon past the tenth of any month will be subject to an 8% late fee. Should this Parking Agreement be renewed for any terms beyond the initial five year term, as provided for hereinabove, the monthly cost of the parking permits will be in accordance with the proposed payment schedule as attached hereto and marked as Exhibit 1, unless otherwise agreed to by the parties. SECTION 6. ~ Carillon agrees that the parking permits purchased under this Parking Agreement are solely for the use of the officers and employees of Carillon and its subsidiaries and are not transferable or assignable to any other entity or individual and that such permits or the fights and obligations thereunder may not be sold, assigned, or transferred at any time by Carih'on without the prior written consent of the City Manager. SECTION ?. Cancellation or Termination. (a) In the event Carillon shall fail to create or relocate the 310 additional qualifying positions as.called for by this Parking Agreement by February 28, 1999, Carillon agrees that it will pay the City the difference between the monthly rate charged to the public for monthly parking permits in each of the assigned parking garages during the period of September 1, 1998, through February 28, 1999, and the rate provided forin this Parkin8 Agreement for each of the 310 parking permits for that period and further, this Parking Agreement will then be deemed to be terminated and canceled and Carilion will be responsible for paying the current monthly rate for any of those parking Such payment for the difference will be made no later than March 15, permits it continues to use. 1999. Co) After the 310 additional qualifying positions have been created or permanently relocated fi'om outside Roanoke's Enterprise Zone One to Roanoke's Enterprise Zone One, as provided for in this Parking Agreement, by February 28, 1999, Carih'on agrees to maintain those additional 310 qualif]d~ positions together with the positions previously located in Roanoke's Enterprise Zone One until at least midnight August 31, 2003. Carih'on will report on an annual basis to the City, through the Chief of Economic Development in the City's Office of Economic Development, on September 1, of each year, starting on September 1, 1999, information sufficient to allow the City to determine that Carilion has maintained the 310 additional qualifying positions tosether with the positions previously located in Roanoke's Enterprise Zone One as called for by this Parking Agreement. If there is a decrease in the net gain ofq~g positions?or any reporting year that is below the 310 additional qualifying positions, but not below 300 additional qualifying positions, then Carillon will pay for that entire reporting year the difference between the current monthly rate then charged to the public and the monthly rate that Carih'on is paying at that time for the number represented by the decrease in the net gain for that year and which shall include payment for any supplemental permits as well. However, if there is a decrease in the ne~ gain of qualifying positions on any reporting date below 300 additional qualifying positions, the City may, upon ten days written notice, terminate this Parking Affreement and call ~or Carilion to pay for that entire reporting year the same monthly rate as then currently being charged the public for each of the 310 or more parking permits or, at the sole option and discretion'of the City, Carih'on will pay for that entire reportin$ year the di~erence between the current mo_n_t_bly rate then charged to the public and the monthly rate Carillon is paying at that time for the number represented by the decease in the net gain for that year and which shall also include payment for any supplemental permits as well. (c) This Parking Agreement may be terminated by the City, upon ten days written notice to Carilion, should Carilion breach any of the terms of this Parking Agreement or fail to comply with any of its obligations required by this Parking Agreement. SECTION 8, Matters Beyond the Control of the City_, The City shall have no ~ or responsibility of any type to Carih'on or its subsidiaries or its employees, officers, or agents for any failure to provide parking spaces for any of the parking permits it provides under this Parking Agreement that may be due to causes beyond the City's control, including, but not limited to, accidents, acts of God, weather, failure of equipment, strikes, lockouts, damage to the parking facih'ty, or any orders or regulations of any federal, state, or local government body. If any parking spaces are not available for more than 5 consecutive business days due to any such reasons, Carillon will only be entitled to a prorated reduction of the monthly charges for any parking permits for which parking spaces are not available. SECTION 9. Default by the City. In the event of any default, nonperformance, or breach of any of the terms or conditions of this Parking Agreement by the City, Carilion asrees that the City's liability hereunder shall be limited to a prorated repayment of monies paid to the City or a deduction from any payment due from Carilion to the City for any parking permits that are not able to be used due to such default, nonperformance Or breach for the period of time of such inability to use those permits. SECTION 10. Nondiscrimination. Carih'on shall not discriminate on the basis ofrace, religion, color, sex or national origin in its employment practices, contracting or provision of Services in any matters arising out of this Agreement in violation of any applicable federal, state, or local laws or regulations. SECTION 11. ~ Each party agrees to cooperate with the other in executing any documents nec~ to cany out the intent and purpose of this Agreement. SECTION 12. Countemart Conic. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. SECTION 13. ~ If any provision of this P~ing Agreement, or the application of any provision to a particular entity or circumsm~e~ shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Parking Agreement shall not be affected and all other terms and conditions of this Parking Agreement shall be valid and enforceable to the fullest extent permitted by law. SECTION 14. Nonwaiver. Carih'on agrees that the City's waiver or failure to enforce or require performance of any term or condition of this Parking Agreement or the City's waiver of any particular breach of this Parking Agreement by Carillon extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Parking Agreement except as set forth herein, or a waiver of any other breaches of this Parking Agreement by Carillon and does not bar the City fi.om requiring Carillon to comply with all the terms and conditions of this Parking Agreement and does not bar the City fi.om asserting any and all fights and/or remedies the City has or might have against Carilion under this Parking Agreement or by law. sEcrION 15. Forum Seleetion and Choiee of LaW, By virtue of entering into this Parking Agreement, Carih'on submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Conunonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of V'u'ginia. SECTION 16. Audit Carilion agrees that the City or any of its duly authorized representatives shall have access to any information, books, documents, papers, and records of Carih'on which are pertinent to this Parking Agreement for the purpose of making an audit, examination, excerpts, transcriptions, or verification of any infornmion or figures provided to the City by Carilimt SECTION 1% S,,ecessors and Ass'_mns, The terms, conditions, provisions and undertakings ofthis Parking Agreement shall be binding upon and inure to the benefit ofeach ofthe parties hereto and their respective successors and assigns. SECTION'Is. Cantions and Headinns. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Parking Agreement. SECTION 19. Entire Anreement and Amendmen.t~_. ' This Parking Agreement constitutes the entire agreement ofthe parties hereto and supersedes all prior offers, negotiations, and agreements among the parties. No amendment to this Parking Agreement shah be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have signed this Parking Agreement by their authorized representatives: ATTEST: Mary Parker, City Clerk CITY OF ROANOKE By: city Manager/Assimat City Manager ATTEST: CARILLON HEALTH SYSTEM Approved as to Form: Approved as to Execution: City Attorney Appropriation and Funds Required For this Contract Certified: City Attorney Director of Finan~ Date Acct. # lo- Exhibit I to Prolong Agreement between C_..ity of Roanol~e and Cari#on He4dm System p.ymom 8duddo cd Csdlon Health 8yst.m (mininumu of 3'10 parking peflnits per year) 310 pafJdng pemd~ lin' yeers 1 -3 Estimmd 362 perking pem~ in yom' 4 Esammd 304 fmmg pem~ in yeer S ' 1 2 3 4 5 6 7 9 10 11 12 13 14 15 $23 $101,376 $118.200 $124,aQ0 S129,6Q0 $~39.2oo $156,400 Plus8% Plus 8% Plus 8% Plus 8% Plus $36 $39 $42 $45 S49 $172,600 $187,200 $201.600 $216,000 $235,200 Grind Tolal $2,189.856 Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #262-386 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34007-092198 authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic-Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Tuesday, September 8, 1998, also adopted by the Council on second reading on Monday, September 21, 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 pc: james D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety W. Robert Herbert September 24, 1998 Page 2 pc: William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Archie W. Harrington, Manager, City Information Systems Charles M. Huffine, City Engineer Glenn A. Asher, Risk Management Officer, Risk Management Dana D. Long, Chief, Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of September, 1998. No. 34007-092198. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e. spire Communications, Inc. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc., now doing business as e. spire Communications, Inc., such extensions to be for a period to January 1, 1999, and month-to-month thereafter in accordance with the terms set forth in the City Manager's report to this Council dated September 8, 1998, with the other terms of the Franchise and License Agreements to remain the same, the form of each to be approved by the City Attorney, all as more particularly set forth in above report. ATTEST: City Clerk. September ~ ~pg~ Council Rep~r~N'o~02~' ~:::' Honorable Mayor and Members of City Council Roanoke, Virginia '98 P1:02 Dear Mayor Bowers and Council Members: SUBJECT: Extension of Telephone Franchise Agreement with Bell Atlantic - Virginia, Inc., and Temporary Nonexclusive Revocable License Agreements for KMC Telecom of Virginia, Inc. and American Communication Services of Virginia, Inc. I. Background on the subject in chronological order is: Ao A thirty year franchise was granted by Ordinance No. 17677, adopted on August 28, 1967, to The Chesapeake and Potomac Telephone Company of Virginia from the effective date of the ordinance to operate and maintain a telephone and telegraph system within the limits of the City. The effective date of the ordinance was September 27, 1967. Accordingly, that franchise would have expired on September 26, 1997. However, the City entered into a Franchise Extension Agreement dated October 2, 1997, with Bell Atlantic-Virginia, Inc. (Bell Atlantic is the successor to The Chesapeake and Potomac Telephone Company of Virginia), which extended the franchise to September 26, 1998. Bo A Temporary Nonexclusive Revocable License Agreement was authorized by Ordinance No. 33199-121696, adopted on December 16, 1996, for KMC Telecom of Virginia, Inc. (KMC) and American Communication Services of Virginia, Inc., now doing business as e.spire Communications, Inc.(ACSI) for the construction, maintenance and operation of telecommunication facilities in the City's rights-of- ways. Pursuant to the above ordinance, the City entered into a Temporary Nonexclusive Revocable License Agreement with ACSI dated December 31, 1996, and a Temporary Nonexclusive Revocable License Agreement with KMC dated January 7, 1997, (hereafter Agreements). Those Agreements would have expired upon the adoption ora final telecommunications regulatory ordinance or September 26, 1997, whichever occurred first. However, the City entered into Extension Agreements with KMC and ACSI that extended those Agreements to September 26, 1998. Co The 1997 General Assembly Session addressed a controversy over the issue of what compensation or charges localities, including municipal corporations, could impose on or require from telecommunications carders for the use of the rights-of-way within the localities. In response to this controversy, the 1997 General Assembly amended Virginia Code Sections 56-458 and 56-462 to require the localities to maintain their charges as of February 1, 1997, until July 1, 1998. The purpose of those amendments was to allow the telecommunications carders and the localities to try to resolve the controversy between the parties as to what type of compensation and how much compensation the localities should be allowed for the use of their rights-of-way. The1998 General Assembly session addressed the issues of compensation or charges localities could impose on or require from telecommunication carriers for the use of Honorable Mayor and Member of City Council Roanoke, Virginia September 8, 1998 Page 2 the rights-of-way in the localities. This legislation provides for a rights-of-way use fee along with other requirements for imposing that rights-of-way use fee. At the present time, the City staffis reviewing this new legislation and will be presenting to Council in the near future a report on this new legislation. In the meantime, Bell Atlantic and KMC and ACSI have requested extensions of the current Franchise and License Agreements pending the City's adoption of any telecommunications ordinance or legislation. II. Current situation is: Bell Atlantic - Virginia, Inc., is the successor to The Chesapeake and Potomac Telephone Company of Virginia. In light of the legislation enacted by the 1998 General Assembly, and in light of the City's current consideration of the recent legislation, Bell Atlantic has requested an extension of its franchise to January 1, 1999, and month-to-month thereafter until a successor franchise is adopted and provided that either party may terminate the franchise upon reasonable notice to the other party. KMC and ACSI have both requested an extension of their Agreements to January 1, 1999, and month-to-month thereat~er or until the City enacts a telecommunications ordinance or agreement, whichever occurs first. This will allow each of the companies to proceed under the agreements that were negotiated with them. KMC is currently in the process of building its network in the City and wishes to continue with that network. This will allow the City to determine what type of permanent telecommunications regulatory ordinance, franchise, or agreement should be adopted in light of the 1998 General Assembly legislation on this matter. The extensions of the Bell Atlantic franchise and the KMC and ACSI Agreements would be under the same terms and conditions as the prior franchise and Agreements except that the expiration terms of the franchise and Agreements would be extended to January 1, 1999, and from month-to-month thereafter as set forth above. III. Issues in Order of Importance: A. Need for services. B. Compliance with Telecommunications Act of 1996. The rights of the City to manage its public rights-of-ways and to require fair and reasonable compensation for their use from telecommunications providers on a competitively neutral and nondiscriminatory basis. IV. Alternatives in order of feasibility are: City Council authorize the appropriate City officials to execute and attest a separate franchise extension agreement with Bell Atlantic - Virginia, Inc., and extension Honorable Mayor and Member of City Council Roanoke, Virginia September 8, 1998 Page 3 agreements for the Temporary Nonexclusive Revocable License Agreements for KMC Telecom of Virginia, Inc. and American Communication Services of Virginia, Inc., d/b/a e.spire Communications, Inc., for a period to January 1, 1999, and from month-to-month thereafter as set forth in Sections II(A) and (B), with the other terms of the franchise and Agreements to remain the same, the form of each to be approved by the City Attorney. Need to allow telecommunications carriers to provide telecommunications services to the citizens of the City on a competitive basis will be met. Compliance with the Telecommunications Act of 1996 will be met because the telecommunications carders will be allowed to construct, maintain and operate their telecommunications facilities within the City to provide telecommunications services as anticipated by the Act. The rights of the City to manage its public rights-of-way would be met or preserved pending the City's consideration of the 1998 legislation on these issues. City Council not authorize the appropriate City officials to execute and attest a separate franchise extension agreement with Bell Atlantic - Virginia, Inc., and extension agreements for the Temporary Nonexclusive Revocable License Agreements for KMC Telecom of Virginia, Inc. and American Communication Services of Virginia, Inc., d/b/a e.spire Communications, Inc., for the period to January 1, 1999, and from month-to-month thereafter as set forth in Sections II (A) and (B), with the other terms of the franchise and Agreements to remain the same, the form of each to be approved by the City Attorney. o Need to allow telecommunications carders to provide telecommunications services to the citizens of the City on a competitive basis would not be accomplished. Compliance with the Telecommunications Act of 1996 would be questioned by the carders as to whether or not the City was providing a barder to their entry into the telecommunications business within the City. The rights of the City to manage its public rights-of-way would still be an issue for consideration in the telecommunications regulatory ordinance or license/franchise agreement to be adopted by the City and the City would still need to give consideration to the 1998 legislation enacted by the General Assembly. V. Recommendation is as follows: Honorable Mayor and Member of City Council Roanoke, Virginia September 8, 1998 Page 4 ho City Council concur with Alternative A and authorize the City_ Manager and City Clerk to execute and attest, respectively, a separate franchise extension agreement with Bell Atlantic - Virginia, Inc., and extension agreements with KMC Telecom of Virginia, Inc. and American Communication Services of Virginia, Inc., d/b/a e.spire Communications, Inc., extending each of their Agreements with the City until January 1, 1999, and from month-to-month thereafter as set forth in Sections II (A) and (B), with all other terms and provisions of the franchise and those Agreements to remain the same and subject to the other terms and provisions of those documents, the form of each to be approved by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager GET/lsc City Attorney City Clerk Director of Finance Director of Public Safety Director of Public Works Director of Utilities & Operations Manager, CIS Manager, Engineering Manager, Risk Management Chief, OBC H:~dVH SC'uREPORT Mary F. Parker, CMCIAAE cay C~.rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #132 · andra H. Eakin Deputy C~y Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34023-092198 changing the place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday, October 7, 1998, from the City Council Chamber, 215 Church Avenue, S. W., to Sanctuary - Crisis Intervention Center, 4350 Coyner Spdngs Road, Botetourt County, Virginia, with the 2:00 p.m., session on the same date to be held in City Council Chamber of the Municipal Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director, Real Estate Valuation H:~AGEN~ .WPO W. Robert Herbert September 24, 1998 Page 2 pc: Robert H. Bird, Municipal Auditor Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development H:~AGENDA96~EP21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of September, 1998. No. 34023-092198. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Wednesday October 7, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: I. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Wednesday, October 7, 1998, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to Sanctuary - Crisis Intervention Center, at 4350 Coyner Springs Road, in Botetourt County, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S.W., in the City of Roanoke. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to October 7, 1998. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #51-66-132 Sandra H. Eakin Deputy c~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 21, 1998, it was the consensus of Council to request the City Manager and the City Attorney to review the City's ordinance in regard to removal of abandoned vehicles on private property to determine if the measure should be amended to include stronger compliance regulations. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io N:~CKLOI~AG~.WPO 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 21st day of September, 1998, D. BAILEY TYLER was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2000. Given under my hand and the Seal of the City of Roanoke this 24th day of September, 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 held on the twenty-first day of September, Representative to the First Virginia September 24, 2002. 1998, JAMES O. TROUT was appointed as a City Regional Industrial Facility Authority for a term ending Given under my hand and the Seal of the City of Roanoke this twentieth day of October, 1998. City Clerk Mary F. Parker, CMCIAAE Cay Ck~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #5-66 · andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, September 21, 1998, Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., expressed concern with regard to certain alleged illegal activities taking place at a local night club located on Salem Avenue, S.W. He requested that the City investigate the matter and take corrective action. It was the consensus of Council that the matter would be referred to you for appropriate response. MFP:Io pc: Sincerely, Mary F. Parker, CMCIAAE City Clerk Mr. Shaheed Omar, 1219 Loudon Avenue, N. W., Roanoke, Virginia 24017 George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police H:~AGENDA96~EP21 .WPO CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this twenty-first day of September nineteen hundred and ninety-eight. chess is an ancient and noble game whose antiquity spans the centuries; and benefits of the game include sharpening of mental focus, improvement of concentration, and encouragement o fa spirit o f friendly and spirited competition; and WHEREAS, the Roanoke Valley Chess Club is the longest continuously-running chess club in the Commonwealth of Virginia, having been organized in`4pril, 1946; and WHEREAS. the Roanoke Valley Chess Club has enjoyed a long partnership with the City of Roanoke and the Department of Parks and Recreation, thus providing wholesome recreational activity for more than 15, 000 residents of the Roanoke Valley. NOW, THEREFORE, I, David ,4. Bowers, Mayor of the City of Roanoke, Virginia, in recognition and appreciation of its volunteer officers, its members, and its many patrons throughout the years, do hereby proclaim Friday, October 2, 1998, throughout this great All-America City, as ROANOKE gALLEY CHESS CLUB DAY. ATTEST: Mary F Parker City Clerk David A. Bowers Mayor September87 Ms. Mary Parker Roanoke City Clerk Municipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Ms. Parker, I wish to request time on the agenda of the September 21, 1998 evening City Council meeting. On the behalf ~ the ~idgewood Park Neighborhood League, I wish to address the request to the City Parks and Recreation Department concerning a neighborhood park. If you have any questions or need more information, please call me at 344-725Q. Mr. Kenneth L. Bevins President, Ridgewood Park -Neighborhood League ~ ~0~05~p ~ _~5 RI D~EI~IOOD /8 4~.A C. ~O& O yO I 0 /PP 24- ~ &OblOP. P- RIDGE~OOD PARK. NF_..tGHBORHOOD ~Z ' - I I I I II II__ -' - IIII II; Mary F. Parker, CMC/AAE C~y C~rk CITY OF ROANOKE Office of the City Clerk September 24, 1998 File #266 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34024-092198 authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone Two that will add as a subzone certain areas not currently in Enterprise Zone Two; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment for the addition as a subzone of certain areas not currently in Roanoke's Enterprise Zone Two and to take further action as may be necessary to obtain the boundary amendment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, September 21, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Willard N. Claytor, Director, Real Estate Valuation W. Robert Herbert September 24, 1998 Page 2 pc: William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Phillip F. Sparks, Chief, Economic Development Evelyn S. Lander, Acting Chief, Planning and Community Development Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDAge~8~I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 21st day of September, 1998. No. 34024-092198. A RESOLUTION authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone Two that will add as a subzone certain areas not currently in Enterprise Zone Two; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment for the addition as a subzone of certain areas not currently in Roanoke's Enterprise Zone Two and to take such further action as may be necessary to obtain the boundary amendment. WHEREAS, there are additional areas within the City of Roanoke which are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as a subzone as part of Roanoke's Enterprise Zone Two; anc~ WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Enterprise Zone to include a subzone, thereby making qualified business firms which locate or expand within such an amended Zone eligible for significant Enterprise Zone benefits; and WHEREAS, the designation of additional areas of the City as part of Roanoke's Enterprise Zone Two has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the proposed boundary amendment to Roanoke's Enterprise Zone Two, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke is hereby applying for an amendment to Roanoke's Enterprise Zone Two, which amendment will add as a subzone additional areas that are currently outside of Enterprise Zone Two, all as more fully shown on the maps attached to the City Manager's report to this Council dated September 21, 1998, and more fully described in that report. 2. The City Manager or the Assistant City Manager is hereby authorized to apply, on behalf of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone Two pursuant to the applicable provisions of the Vh'ginia Enterprise Zone Act of 1982, as amended, which boundary amendment will add as a subzone certain areas not currently in Roanoke's Enterprise Zone Two, all as more fully set forth in the City Manager's report to this Council dated September 21, 1998, and the attachments thereto. ' 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 4. The City Manager or Assistant City Manager is authorized to submit to the Virginia Department of Housing and Community Development all information necessary for the application for the boundary amendment to Roanoke's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary to meet other program administrative and reporting requirements. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. Public Hearing Proposal to Add a Subzone to Enterprise Zone Two Roanoke City Council Chambers - September 21, 1998 Roanoke~ VA Purpose To add developable land in the airport area as a subzone of Enterprise Zone Two Background on Enterprise Zone Benefits and Size Businesses must create jobs or make significant investments in rehabilitated or newly constructed buildings to get Enterprise Zone credits. Credits are applied to the state corporate income taxes owed by the business, Legislation limits the size of an Enterprise Zone to 7% of the total land area. The maximum size Enterprise Zone for Roanoke is 1,906 acres. 3. Enterprise Zone Two currently consists of 1,027.5 acres. Legislation provides for one noncontiguous subzone. The acreage for the subzone and the current zone acreage cannot exceed the maximum size for the locality. Proposal This proposal would create a subzone of 49.7 acres of property on the west side of Znterstate 58:[ near the Hershberger Road interchange. Enterprise Zone Two and the proposed 581/Hershberger Subzone are denoted on the attached maps. Benefits 1. Create jobs 2. Increase the tax base 0 m~ m 0 Honorable Mayor and Members of Council Roanoke, VA Dear Council Members: Subject: Adding a 5ubzone to Enterprise Zone Two September 21, 1998 Report No. 98-31 Background: A. The Enterprise Zone Proqram in the City of Roanoke has been successful in promoting economic development. 5inca 198§, 79 companies (§;> new companies and 27 existing companies) have been certified for state enterprise zone tax credits and grants. B. The City of Roanoke has two Enterprise Zones. Enterprise Zone One, established in 1984, encompasses 1,906 acres and is centered along the main east-west tracks of Norfolk and Western Railroad. Enterprise Zone Two, established in 1996, has 1027.§ acres and includes the East Gate residential area and parts of Hollins Road North, the Roanoke Centre for Industry and Technology and Statesman Tndustrial Park. C. City Council recently authorized omendinq Enterprise Zone One to include Melrose and Shenandoah Avenue Commercial Corridors, Roanoke-Salem Plaza, Blue Ridge Tndustrial Park, Ninth Street Southeast Commercial Corridor, Sixth to Eight Streets Southwest, and portions of Thirteenth Street Southwest near and under Memorial Bridge. D. Virqinia law provides for one subzone to an existing Enterprise Zone. The subzone does not have to be contiguous to the current Enterprise Zone boundary. The subzone acreage in addition to the current Enterprise Zone acreage cannot exceed the maximum size for the locality. The maximum size allowed for Roanoke's Enterprise Zone Two is 1,906 acres. TI. Current Situation: Aa Office of Economic Development has identified 49.7 acres of developable property to add as a subzone to the Enterprise Zone Two boundaries. The property is denoted on the attached maps (E~terpr/se Zone 7-wa and 581//-/ershber_~er Subzo~e). The location of the proposed subzone is on the west side of Tnterstate 581 near the Hershberger Road interchange. Honorable Mayor and Members of City Council September 21, 1998 Page 2 of 3 B. The 49.7 additional acres combined with the 1,027.,5 acres already in Enterprise Zone Two will bring the total acreage for Enterprise Zone Two to 1,077.2 acres, which is below the maximum of 1,906 allowed for Enterprise Zone Two and will provide for future expansion of the zone if necessary. C. Vircjinia Enterprise Zone Proqram requlations require at least one public hearing on the requested amendment prior to its submission to the Virginia Department of Housing and Community Development for approval by the 5tare. The public hearing is scheduled for September 21, 1998, at 7:00 p.m. III. Issues A. Economic Development B. Timing C. Funding IV. Alternatives A. Authorize the addition of a subzone to Enterprise Zone Two as described in this report, and, lacking comments at the public hearing which would require further consideration, pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. 1. Economic Development will be enhanced through new job creation and investment, as more developable properties become eligible for the Enterprise Zone tax credits. ?. Timinq is critical for businesses planning to add ~obs or rehabilitate properties in Enterprise Zone Two and the 581/Hershberger Subzone to be added. 3. Local fundinq is not required for state Enterprise Zone credits. B. Do Not Authorize the addition of a subzone to Enterprise Zone Two as described in this report or pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. 1. Economic Development will be negatively impacted because current and potential business owners from the proposed 49.7-acre addition will not be able to access Enterprise Zone tax credits. Honorable Mayor and Members of City Council September 21, 1998 Page 3 of 3 ?. Timinq will not be affected. 3. Funding will not be affected. Recommendation: A. ]~t is recommended that City Council concur with Alternative A and authorize the addition of a subzone to Enterprise Zone Two as described in this report, and, lacking comments at the public hearing which would require further consideration, pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. Respectfully submitted, W. Robert Herbert City Manager If attachments cc: Diane Akers, Budget Administrator Will Claytor, Director of Real Estate Valuation /Bill Clark, Director of Public Works Wil bibling, City Attorney ~.~Tim Grisso, Director of Finance Evie Lander, Acting Chief of Community Planning ~ Kit Kiser, Director of Utilities & Operations .Tim Ritchie, Assistant City Manager . Phil 5parks, Chief of Economic Development '98 ~EP-3 P3:55 September 8, 1998 Honorable Mayor and Members of City Council Roanoke, VA Dear Council Members: Please schedule o public hearing for Monday, September 2[, 1998, at 7:00 PM to discuss the recommendations made by the Office of Economic Development for proposed boundary amendments to Enterprise Zone Two. Sincerely, W. Robert Herbert City Manager If AD Number: 869131 Publisher's Fee: $228.00 ROANOKE CITY CLERK'S OFFICE ATTN: MARY PARKER, CLERK 215 CHURCH AVE. S.W., ROOM 456 ROANOKE, VA 24011-1536 STATE OF VIRGlNIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (the undersigned), an authorized representative of the Roanoke Times, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: FULL RUN - Sunday FULL RUN - Sunday 09/06/98 09/13/98 Witness, this 18' day of September, 1998 (Authorized Signature) NOTK~ O~ PUBLIC HEAR~ TO WHO~ IT MAY CCXqCEm~ Aet,5~.l-270 et ~1.,~ of Vl~nla (19SO), as amendS, heerlnl[ on September 21,199~, at 7.~0 p.m., or as aeon thereafter as the nmttor mom be heard, in council ctmm- Bulldlni[, 215 Churoh raspeet to the proposed bound. portlone of centare Tm~ 23, BIo~k Group 0. ~ae following Two:6460104,6450109, 6450111, 6450112, 64501/3, e450114,~.601/5, 6450119, 6460101 6460104, 6460105 6460106, 6472001 6472002, 6472003 6472004, 6472005 6472006, 6472007 6472008, , and 6472301. copy of the map and ~e c~tY proposed boUndary of the tlon In the olflee of ~ Development, Room 357, Munl~p~d Bu~n~. 215 Church A3 paetlee In latemet aml el6- zone may eppeor m~ the ai~we date end heard upon the NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the requirements of the Virginia Enterprise Zone Act, §59.1-270 et seq., Code of Virginia (1950), as amended, the City of Roanoke proposes to make an application to the Virginia Department of Housing and Community Development to amend the boundaries of Enterprise Zone Two. Roanoke City Council will hold a public hearing on September 21, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, in Council Chambers, Fourth Floor, Municipal Building, 215 Church Avenue, SW, in the City, with respect to the proposed boundary amendment of Enterprise Zone Two. The amendment proposes the addition of approximately 49.7 acres located in portions of Census Tract 23, Block Group 9.The following tax map numbers are proposed to be added to Enterprise Zone Two: 6450104, 6450109, 6450111, 6450112, 6450113, 6450114, 6450115, 6450119, 6460101, 6460104, 6460105, 6460106, 6472001, 6472002, 6472003, 6472004, 6472005, 6472006, 6472007, 6472008, and 6472301. A copy of the map and the city council report describing the proposed boundary of the amended Enterprise Zone Two is available for public inspection in the Office of Economic Development, Room 357, Municipal Building, 215 Church Avenue, SW, in the City. All parties in interest and citizens may appear on the above date and be heard upon the matter. Given under my hand this 6th day of Septembe,r1998. Mary F. Parker, City Clerk Note to Publisher: Please publish twice in The Roanoke 77mes, once on Sunday, September 6, 1998, and once on Sunday, September 13, 1998 Send Publisher's Affidavit and Bill to: CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE city C erk September 24, 1998 8andre H. Eakin Deputy City Clerk File #5-66 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, September 21, 1998, Kevin Jenks and Abjab Karkenny, representing Kings Inferno Corporation, a music venue and restaurant located at 324 Salem Avenue, S. W., addressed Council with regard to an alleged unusual amount of attention by the Roanoke City Police Department to a certain segment of the patrons of their establishment, specifically young black youth; unprofessional conduct by members of the Police Department; and the release of a statement by the Police Department to the news media wrongly associating their business with a local murder, which events have had a severe economic impact on their restaurant. It was the consensus of Council that the remarks of Messrs. ~ienks and Karkenny would be received and filed and referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Messrs. Kevin Senks and Abjab Karkenny, Kings Inferno Corporation, 324 Salem Avenue, S. W., Roanoke, Virginia 24011 GeOrge C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police H:~.GENDAg~SEP21 .W~O