Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Actions 09-08-98
White 33994 ROANOKE CITY CO UNCIL REGULAR SESSION September 8, 1998 12:15 p. na CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. Recess and reconvene at 12:20 p.m., in the Social Services Conference Room, Room 306, Municipal North. ROANOKE CITY CO UNCIL ROANOKE CITY PLANNING COMMISSION September 8, 1998 12:20p. m. SOCIAL SER VICES CONFERENCE ROOM AGENDA o Call to Order. Invocation and Lunch. City Planning Commission Roll Call. 2 Discussion of the role of the Roanoke City Planning Commission. Gilbert E. Butler, Jr., Chairman. Discussion as to how the City Planning Commission and City Council can work together to fulfill Council's vision. Mr. Butler. The Roanoke City Council meeting was declared in recess at 1:45 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber. 7. City Planning Commission: Adjourn. ROANOKE CITY CO UNCIL REGULAR SESSION September 8, 1998 2:00 p. n~ CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1.Call to Order-- Roll Call. ~m Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. 4 ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. PRESENTATION Presentation to the Director of Finance and staff of Certificates of Achievement for Excellence in Financial Reporting for the City of Roanoke and the City of Roanoke Pension Plan. Mayor Bowers. File #1-10-429 0 CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meetings of Roanoke City Council held on Monday, June 1, 1998, and Monday, June 15, 1998. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. 5 C-2 A communication fi.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 #110-132 Executive Session. C-3 A report of the Director of Finance with regard to the $10.00 employer matching contribution to the ICMA-RC. Removed from the Consent Agenda for discussion. (See page 8) C-4 Qualification of the following persons: Willis M. Anderson as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 3 l, 2002; File #15-110-178 Barry W. Baird as a member of the Building Code Appeals Board, Volume I, Building Construction Division, for a term ending September 30, 2002; File #15-32-110 Evelyn F. Board as a member of the Human Services Committee for a term ending June 30, 1999; File #15-110-318 Michael Brennan as a member of the Roanoke Arts Commission for a term ending June 30, 1999; File #15-110-230 6 Michael Brennan as a member of the Cultural Committee for a term ending June 30, 1999; File 015-110-394 Services Nancy F. Canova as a member of the Fair Housing Board for a term ending March 31,2001; File #15-110-178 Frank Eastbum as a member of the Cultural Services Committee for a term ending June 30, 1999; File #15-110-394 Margaret M. Grayson as a member of the Vir~nia Western Community College Board for a term ending June 30, 2002; File #15-110-467 William L. Lee as a member of the Cultural Services Committee for a term ending June 30, 1999; File #15-110-394 Edward F. Lovell as a member of the Roanoke Public Library Board for a term ending June 30, 2001; and File #15-110-323 Bernice F. Jones as a member of the Human Services Committee for a term ending June 30, 1999. File #15-110-318 RECOMMENDED ACTION: Receive and file. 7 C-5 A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter of actual litigation, specifically to consider an appeal of a matter recently decided in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in File #132 Executive Session REGULAR AGENDA C-3 A report of the Director of Finance with regard to the $10.00 employer matching contribution to the ICMA-RC. RECOMMENDED ACTION: Received and filed. File #184 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request of Virginia Amateur Sports, Inc., to make a presentation in connection with the 1998 Commonwealth Games of Virginia. Peter R. Lampman, President. (Five minutes) Received and filed. File #2t34 bo Request of Ms. Evelyn D. Wheeler and Mr. Ronald A. Mathews to address Council with regard to policies and procedures. (Ms. Wheeler - five minutes; Mr. Mathews - five minutes) Received and filed. File #184-202 4. PETITIONS AND COMMUNICATIONS: ao A communication fi.om Estelle H. McCadden, President, Mekose/Rugby Neighborhood Fomm~ Inc., transmitting a petition requesting adoption of a Resolution in support of the organization's request to obtain tax-exempt stares from the General Assembly of Virginia on certain real property located at 1730 Orange Avenue, N. W. Referred to the City Manager and the report and recommendation to Council. File 079-165 City Attorney for study, bo A communication fi.om the Roanoke City School Board requesting adoption of a resolution by Council indicating that Roanoke City desires to participate in the VPSA Bond Issue, the proceeds of the bond issue to be used in lieu of the local capital bond funds for Lucy Addison Middle School, and local bonds released through the use of the VPSA Bond Issue will then be used for elementary school additions. Adopted Resolution No. 213994-090898. (7-0) File #53-60-467 A communication from the Roanoke City School Board requesting that Council adopt a resolution indicating that Roanoke City desires to participate in the VPSA bond issue, the proceeds of the bond issue to be used in lieu of the Literary Fund loan approved by the State for Huff Lane MicroVillage. Adopted Resolution No. 33995-090898. (7-0) File #53-60-467 9 do A communication from the Roanoke City School Board requesting appropriation of $21,870.00 for the Special Education Interpreter Training Program, $256,296.00 for Project YES (Youth Experiencing Success Program), and $10,000.00 for the Southern Regional Education Program; and a report of the Director of Finance recommending thst Council concur in the request. Adopted Ordinance No. 33996-090898. (7-0) File #60-467 Council Member Swain raised the following questions with regard to the $10,000.00 appropriation for the Southern Regional Education Program: What is the composition of the City School's top management team? Will the long range education goals be publicized? Is $10,000.00 sufficient to cover the cost of the program? What is the proposed funding source if costs exceed the $10,000.00 appropriation? It was the consensus of Council that the questions would be referred to the Roanoke City School Board/School Administration for response within 10 days. File #467 l0 0 REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to processing of Change Order No. 3 to the City's contract with Bryant Electric Company, Inc., in the net credit amount of $23,476.19, in connection with the Tinker Creek Interceptor Sewer Replacement project. Received and filed. File #27 ITEMS RECOMMENDED FOR ACTION: A report in connection with creating or relocating a minimum of 310 additional permanent full time job positions by Carilion Health System in Roanoke City's Enterprise Zone One. Adopted Ordinance No. 33997-090898 (5-0) (Council Member White abstained from voting, Vice-Mayor Harris was out of the Council Chamber); adopted Ordinance No. 33998-090898 and Resolution Nos. 33999-090898 and 34000-090898 (6-0) (Council Member White abstained from voting). ~A~, File #21-60-221-266 0- A report with regard to the 1998-99 Agreement with the Northwest Neighborhood Environmental Organization, Inc., for the "New Giimer Phase I" Project and Gilmer Plan. Adopted Resolution No. 34001-090898. (7-0) File #165-200-236 e A report with regard to fund appropriations from the prior years' Capital Maintenance and Equipment Replacement Program and Retained Earnings. Adopted Ordinance No. 34002-090898. (7-0) File 060-270-472 o A report with regard to purchase of a sewer pipe inspection system from Virginia Public Works Equipment Company, for a total cost of $98,570.00. Adopted Ordinance No. 34003-090898 (6-0) (Council Member Wyatt was out of the Council Chamber); and adopted Ordinance No. 34004-090898. (7-0) File #27-183-472 6. A report with regard to the V-STOP Domestic Violence Grant. Adopted Resolution No. 34005-090898. (7-0) File #5-236 A report with regard to designating Blue Ridge Community Services as an Operating Community Services Board and approval of a performance contract between Blue Ridge Community Services and the Commonwealth of Virginia. Adopted Resolution No. 34006-090898 (6-0) (Council Member Wyatt abstained from voting). File #335 A report in connection with extension of a telephone franchise agreement with Bell Atlantic - Virginia, Inc., and temporary nonexclusive revocable hcense agreements for KMC Telecom of Virginia, Inc., and American Communications Services of Virginia, Inc. Adopted Ordinance No. 34007-090898. (7-0) File #262-386 A report recommending execution of Change Order No. 2 to the City's contract with Alex E. Paris Contracting Company, Inc., in the mount of $215,052.00, in connection with the Roanoke River Interceptor Sewer Replacement project, Contracts Al, A2, B 1 and B2. Adopted Ordinance No. 34008-090898. (7-0) File #27 10. A report recommending execution of Change Order No. 2 to the City's contract with Casper Colosimo & Son, Inc., in the amount of $63,420.00, in connection with the Roanoke River Interceptor Sewer Replacement project, Contracts C, D and E. Adopted Ordinance No. 34009-090898. (7-0) File #27 11. A report recommending execution of Change Order No. 5 to VDOT's construction contract with Allegheny Construction Company, Inc., in connection with 1-581 Interchange improvements at Valley View Boulevard. Adopted Ordinance No. 34010-090898. (7-0) File #77-455 DIRECTOR OF FINANCE: A financial report for the month of July, 1998. Received and filed. File #10 c. CITY ATTORNEY: A report with regard to an increase in the fee imposed upon persons tendering bad checks to the City. Adopted Ordinance No. 34011-090898. (7-0) File #24-83 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 33992, on second reading, authorizing the proper City officials to enter into separate Lease Agreements between the City and Triton PCS Property Company, L. L. C., for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank, the Summit Water Tank, the Mount Pleasant Water Tank, and the Grandin Court Elevated Water Tank No. l; such use shall be for the placement, operation and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions. Adopted Ordinance No. 33992-090898 on second reading. (7-0) File #262-468 14 A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Vir~nia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. Adopted Resolution No. 34012-090898. (7-0) File #17-132 A Resolution providing that the regular meeting of City Council scheduled to be held on Monday, October 5, 1998, shall be rescheduled to Wednesday, October 7, 1998. Adopted Resolution No. 34013-090898. (7-0) File #132 A Resolution providing ~_hat the regular meeting of City Council scheduled to commence at 12:15 p.m., on November 2, 1998, shall commence at 2:00 p.m., on the same date. Adopted Resolution No. 34014-090898. (7-0) File #132 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Swain commended City staff on a report with regard to quality of life issues in the City of Roanoke; i.e.: weed control measures, animal control, junk cars, etc. He suggested that certain informational items be included on the City Page of The Roanoke Times. File #132 Council Member Swain expressed concern with regard to littering on the premises of fast food restaurants which is carried into residential neighborhoods. He spoke in support of the City enacting legislation that would require those business establishments to be responsible for collecting litter as a result of violations on their premises. File #13%144 Council Member Wyatt inquired as to the status of a report by the City Manager on the proposed skateboard park; whereupon, the City Manager advised that the report will be forthcoming pending receipt of a communication from Roanoke County on the conditions of the County's donation of funds toward the joint project File 067 Council Member White requested that the City Manager review City government operations to identify those areas where re-engineering of City services will save tax dollars, and that the matter be referred to 1999-2000 budget study for discussion. File #60-175 Council Member White referred to undeveloped property in the vicinity of Cove Road, Hershberger Road and Ferncliff Avenue, N. W., and requested that the City Manager, through the City's Economic Development Department, ensure those property owners that the City is willing to assist them in developing their property to its highest and best use. File #450 Council Member Trout encouraged attendance at the October 13, 1998, VML Summit in Charlottesville; whereupon, the Mayor advised that Vice-Mayor Harris, Chairman of the Virginia Municipal League General Laws Committee, will meet with the City Manager to ensure that the City of Roanoke is well represented at the meeting and that invitations will be extended to leaders from the business community, neighborhood organizations and civic groups, etc. File #1%132 bo Co Vacancies on various authorities, boards, commissions and committees appointed by Council. Expiration of the two-year terms of office of Mary F. Parker, City Clerk; James D. Grisso, Director of Finance; Robert H. Bird, Municipal Auditor; and Wilbum C. Dibling, Jr., City Attorney, on September 30, 1998. Reappointed Mary F. Parker as City Clerk, James D. Grisso as Director of Finance, Robert H. Bird as Municipal Auditor, and Wilburn C. Dibling, Jr., as City Attorney for two year terms commencing October 1, 1998 and ending September 2t0, 2000. File/t1-15-218-280 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (7-0) E. Duane Howard was appointed as a member of the Fair Housing Board for a term ending March 211, 2001. File #15-110-178 Thelma R. Holland was appointed as a member of the Cultural Services Committee for a term ending June 210, 1999. 15-110-394 Will Trinkle was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2001. File #15-110-230 RECE~¥E2~ GOVERNMENT FINANCE OFFICERS ASSOCIATION '98 JUN-5 P4:57 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 May 22, 1998 The Honorable David A. Bowers Mayor City of Roanoke P.O. Box 1220 Roanoke, Virginia 24011 Dear Mayor Bowers: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended June 30, 1997 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Ann H. Allen, Manager of Accounting Services. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1997 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 May 22, 1998 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: City of Roanoke, VA, by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: Ann ~. Allen, Manager of Accounting Services The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: 804/890-3399 James McReynolds Finance and Management Director County of York P.O. Box 532 Yorktown, VA 23690-0532 804/890-3700 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 '98 J/JN-5 P4:58 May 14, 1998 The Honorable David A. Bowers Mayor City of Roanoke Pension Plan P.O. Box 1220 Roanoke, VA 24011 Dear Mayor Bowers: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended June 30, 1997 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in Public Employee Retirement System (PERS) accounting and financial reporting, and its attainment represents a signifi- cant accomplishment by a PERS and its management. When a Certificate of Achievement is awarded to a PERS, an Award of Financial Reporting Achievement is also presented to the individual designated by the PERS as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Joyce Sparks, Retirement Administrator. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1997 Certificate Program results are enclosed. We hope that your example will encourage other PERS officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 May 14, 1998 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 For information contact: NEWS RELEASE Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: City of Roanoke Pension Plan, VA, by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of public employee retirement system (PERS) accounting and financial reporting, and its attainment represents a significant accomplishment. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: Joyce Sparks, Retirement Administrator The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: 8O4/89O-3399 James McReynolds Finance and Management Director County of York P.O. Box 532 Yorktown, VA 23690-0532 804/890-3700 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 1,1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 1, 1998, at 12:15 p.m., the regular meeting hour in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~lular Meetin~js, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers--7. ABSENT: None ..................................................................................... 0. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At 12:20 p.m., the meeting reconvened in the Social Services Conference Room, Room 306, Municipal North, for the purpose of meeting with the Board of Commissioners of the Roanoke Redevelopment and Housing Authority, with Mayor David A. Bowers and Chairman Willis M. Anderson presiding. PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ......................................................................................................... 7. ABSENT: None ................................................................................... 0. ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY COMMISSIONERS PRESENT: Carolyn M. Bumbry, Christie L. Kelsey, H. Victor Gilchrist, Ben J. Fink, Joseph F. Lynn, and Willis M. Anderson, Chairman ............................................ 6. ABSENT: Commissioner James W. Burks, Jr.- ......................................... 1. OTHERS PRESENT: W. Alvin Hudson, Jr., Council Member-Elect; James D. Ritchie, Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; Mary F. Parker, City Clerk; William F. Clark, Director, Public Works; Kit B. Kiser, Director, Utilities and Operations; Glenn D. Radcliffe, Director, Human Development; George C. Snead, Jr., Director, Public Safety; John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority; John Grove, Legal Council, Roanoke Redevelopment and Housing Authority; Robert Michaux, Director of Business Development, Roanoke Redevelopment and Housing Authority; Evelyn Ringler, Executive Administrative Assistant, Roanoke Redevelopment and Housing Authority; Angela Singleton, Information Officer, Roanoke Redevelopment and Housing Authority; H. Wesley White, Director, Community Development Department, Roanoke Redevelopment and Housing Authority; Earl W. Saunders, Jr., Management Director, Roanoke Redevelopment and Housing Authority; Dan M. Campbell, Rehabilitation Director, Roanoke Redevelopment and Housing Authority; and Anita Lee, Resident Development Director, Roanoke Redevelopment and Housing Authority. On behalf of the Members of Council and City staff, the Mayor welcomed the Housing Authority and staff to the meeting. Chairman Anderson expressed appreciation on behalf of the Board of Commissioners of the Housing Authority and staff for the opportunity to meet with Council, and called upon the Executive Director for remarks. Mr. Baker advised that H. Wesley White, Director, Community Development Department, an employee of the Housing Authority for over 30 years, has announced his plans for retirement on August 30, 1998, and expressed appreciation for Mr. White's service to the City of Roanoke and to the Roanoke Redevelopment and Housing Authority. Mr. Baker reviewed the following Roanoke Redevelopment and Housing Authority highlights: He advised that there are approximately 1500 public housing units in the City of Roanoke, with a total population of approximately 3,000 persons, composed of 350 units of housing for the elderly, with the remainder being family units that range from efficiency apartments to five bedroom apartments. He stated that over 1900 family members contribute rent in public housing, with an average income of approximately $6,000.00 per year, the average rent paid is approximately $130.00 per month, with the balance coming from an operating subsidy from the Federal Government, and approximately 80 per cent of the heads of household in public housing units are female. He pointed out that between 1997 and 1998, there has been a decrease in rents collected as the result of certain welfare revisions and placing welfare recipients into the workforce, and while the average rent in 1998 is approximately $130.00 per month, in 1997 it was approximately $140.00 per month. He stated that there are more families that pay the minimum rent which is $25.00 per month, the number of families in that category has increased because more families 2 have lost their welfare benefits; however, it is expected that the trend will reverse as families come off of the welfare roles. He added that residents are taking advantage of available opportunities and expressing more interest in participating in programs offered by the Housing Authority and other supporting programs which are designed to take families into the workforce. Mr. Baker stated that the Housing Authority has established a Web-site on the Internet, staff prepares an Annual Report, a resident newsletter (Partners in Progress) is produced by and for residents of public housing, and an employee newsletter is disseminated to all staff. He added that the Housing Authority advertises in The Roanoker Magazine, the Chamber of Commerce Display Center, Black Pages U.S.A., Apartment Guide, and the Apartment Bluebook. He noted that the Housing Authority has begun efforts to increase activity in the neighborhoods by encouraging residents to participate in all Housing Authority programs and Resident Councils are active in all of the public housing neighborhoods and they are currently working on a revision to the occupancy policy, rent credit program, and site-based planning. He explained that a site-based planning program encourages residents to be more involved in determining needs and priorities and offering assistance to determine budgetary needs as well as other resources to meet those needs. He stated that the Housing Authority is currently working with the Roanoke Neighborhood Development Corporation in the development of Henry Street and with neighborhood organizations where rehabilitation loans and activities are in progress. With regard to family involvement, Mr. Baker advised that family resource centers are located in Lincoln Terrace and Jamestown Place Housing Developments, and Head Start Centers, groups for children, and the Even Start Program are operated in partnership with the Roanoke City Public Schools in Lincoln Terrace. He further advised that the Housing Authority has provided 62 scholarships for students consisting mainly of one year $1000 scholarships. In work force preparation and training, he stated that the Housing Authority partners with Virginia Western Community College, Total Action Against Poverty, This Valley Works Program, and the Family Self-Sufficiency Program. Also, he advised that the Housing Authority participates in the Roanoke Adolescent Health Partnership (Teen Health Center), Drug Abuse Prevention and Elderly Intervention Program, Project Hope, Girl Scouting, Junior Achievement, Youth Decision Making Skills Training, science groups, swimming groups, youth sports teams, summer programs at Apple Ridge Farm, Summer Lunch Program and Summer Sports Program. Mr. Baker explained that Community Development Block Grant Program funds have been used for both minor and emergency repairs, as well as for comprehensive rehabilitation in neighborhoods. He added that the Housing Authority participates in the Home Ownership Opportunities Program in which regional loan funds are 3 available for prospective Iow income home buyers; and the Housing Authority purchased nine properties from a local private individual with the goal of providing an opportunity for the families currently living in the homes to become homeowners under a lease/purchase arrangement. In connection with the Section 8 Program, he advised that the Housing Authority administers the program for the City, serving over 1300 families, working with over 400 landlords, and conducting an average of 180 inspections per month. Mr. Baker noted that the Housing Authority is currently reviewing several projects in connection with neighborhood improvements, i.e., Lincoln 2000 Plan which will provide for comprehensive renovation in the Lincoln Terrace area, and the program has been expanded to include the Washington Park neighborhood; and establishment of a credit line with local banks to support Community Development Block Grant funds, with private funds to be included in the Rehabilitation Loan Program which will enable the approval of more loans and provide for a more effective rehabilitation program in the neighborhoods. He stated that the Housing Authority is working on Henry Street development, increasing curb appeal by making public housing developments more attractive which, in turn, will cause residents to have a better image of where they live; Housing Authority staff is working with City police, fire and public safety representatives to mark buildings in Lincoln Terrace with numbers that will be placed on the ends of the buildings to make the buildings more identifiable; and some of the Federal funds will be used for new playgrounds/equipment. Mr. Baker reviewed definitions of redevelopment and conservation areas and advised that a redevelopment area is an area that is seriously blighted and needs clearance and new development. He stated that conservation areas are those areas where there are deteriorating conditions in the neighborhood, with principle activities being rehabilitation and acquisition which would be limited to substandard property only. He further stated that a rehabilitation district which has very early deterioration would include rehabilitation with no acquisition of property expected. He reviewed the process of designation of a redevelopment/conservation rehabilitation district; i.e.: City Council approves a study of the designated area, following which the Housing Authority works with neighborhood groups during the study, documents physical and social conditions, determines neighborhood needs, prepares plans to address those needs, and prepares a budget to project the necessary public and private funds. With regard to development opportunities, Mr. Baker advised that the Housing Authority has been working with the City on the Deanwood Commerce Center and Shaffers Crossing. As to downtown development, he stated that the Housing Authority has recently entered into a Memorandum of Understanding with Downtown Roanoke Foundation, Inc., in connection with development of the General Office 4 Building South which is proposed to be revitalized for approximately 70 market rate residential units that would rent in the range of $600.00 per month up pending upon the market; the Housing Authority initially participated with the City in financing The Hotel Roanoke and recently issued taxable bonds to refinance the first mortgage on the hotel; and the Housing Authority owns one-half of the site where the proposed ice park is to be located and is participating with the City and the developers regarding facility development. Looking to the future, Mr. Baker advised that public housing is changing, as well as the clientele that public housing will serve and how it will provide those services. He stated that change will be a constant, new initiatives must be established, and it is hoped that the Federal Government will provide more opportunities at the local level for input as to how public housing will operate. He spoke in support of initiating new programs to address neighborhood deterioration by targeting the focus on neighborhood revitalization and by attracting more private dollars into rehabilitation efforts and economic development activities while continuing to work in partnership with the City. Council Member Trout, Council's liaison to the Roanoke Redevelopment and Housing Authority, advised that considerable progress has been made on home occupancy, such as the Holland Manor project in northwest Roanoke that was completed in 1969 and every building is currently on the tax roles (80 units). He stated that the Housing Authority has structured loans and grants so that Iow to moderate income persons may purchase homes, thereby reducing the need for Section 8 housing. Vice-Mayor Wyatt commended the Housing Authority on its program for Youth Decision Making Skills Training. In her experience as a teacher, she stated that one of the biggest problems with children in general is that they do not have good decision making skills because they have not received the necessary training, and encouraged the Housing Authority to teach decision making skills before the teenage years so that youth will be equipped with the knowledge to deal with drugs, teen pregnancy, etc. Council Member Swain advised that he advocates the placement of police substations throughout the City. He stated that it is his understanding that there is to be an arrangement with the Housing Authority to locate police officers in certain areas of the City, as a part of the Community Oriented Police Effort (C.O.P.E.), and called attention to correspondence from citizens who have requested police presence in the Lansdowne Park Housing Development. He advised that police officers in the neighborhoods will not only insure police services, but also provide community involvement. The Mayor raised a question with regard to the Regional Loan Fund and inquired if the funds are intended to be used solely for City residents; whereupon, Mr. Baker advised that the program has been operated under a joint venture with the Blue Ridge Housing Authority; however, efforts of the Roanoke Redevelopment and Housing Authority have focused on Roanoke City. The Mayor inquired as to efforts to provide Iow income housing in other Roanoke Valley jurisdictions; whereupon, Mr. Baker advised that the Section 8 program covers the Roanoke metropolitan area, therefore, family qualification for Section 8 Certificates is not limited to City of Roanoke residency, although very few Section 8 families live outside of the City. The Mayor inquired as to Henry Street development and if the Roanoke Neighborhood Development Corporation is continuing to work with the consulting firm of F. A. Johnson & Associates. He also inquired as to the status of development of an office building on Henry Street by the Housing Authority; whereupon, Mr. Baker advised that discussions are progressing, the services of F. A. Johnson & Associates have been excellent in terms of bringing the group together, the process is in the predevelopment stage to determine what the building will consist of, tenant occupancy, and following the predevelopment process, a public plan will be presented. The Mayor requested that the City Manager provide Council with a briefing on the status of the Henry Street project. Ms. Kelsey expressed appreciation to Council for waiving the City residency requirement which allowed her to remain a Commissioner of the Housing Authority during a period of time when she resided outside of the City of Roanoke. She stated that she is now a Roanoke City resident. There being no further business, the Mayor declared the meeting in recess at 1:40 p.m., to be reconvened at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W. HOUSING/AUTHORITY: On Monday, June 1, 1998, at 2:00 p.m., the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris, John H. Parrott and Mayor David A. Bowers--7. ABSENT: None ..................................................................................... 0. 6 OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS PROCLAMATIONS: The Mayor presented a Proclamation designating the week of June 7 - 14, 1998, as United States Army Week. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-FLAGS: The Mayor presented a Proclamation designating June 13 and 14, 1998, as Flag Days. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor presented a Proclamation designating the week of June 1 - 6, 1998, as Habitat for Humanity Week. (For full text, see Proclamation on file in the City Clerk's Office.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss and consider a matter of pending litigation, specifically a lawsuit brought against certain City employees; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 7 ACTION: ACTION: MINUTES: Minutes of the Financial Planning Session of Council held on Saturday, February 28, 1998; and Minutes of the regular meetings of Council held on Monday, March 2, 1998, and Monday, March 16, 1998, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. TAXES-REAL ESTATE VALUATION: A communication from Mayor David A. Bowers with regard to correspondence dated May 21, 1998, from the Honorable Richard C. Pattisall, Judge of the Roanoke Circuit Court, transmitting a report of the Board of Equalization for the taxable year July 1, 1998 to June 30, 1999, inclusive, was before Council. 8 ACTION: ACTION: Judge Pattisall advised that the Board of Equalization recommends that future Equalization Boards continue to have access to computer service in their work and that they be provided with current office space that is private and separate from the Office of Real Estate Valuation; and in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments, it is critical to have safe and private space for the Board to meet with City taxpayers. (For full text, see communications on file in the City Clerk's Office.) Mr. White moved that the communications be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, in connection with the indefinite relocation of the polling place for Lee Hi Precinct to the Covenant Presbyterian Church, was before Council. Mr. Butler advised that the Electoral Board obtained previous approval for a temporary move to Covenant Presbyterian Church; and the Board is presently requesting an indefinite relocation to the Covenant Presbyterian Church, 1831 Deyerle Road, S. W., for future elections. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council authorize advertisement of a public hearing to be held on Monday, July 20, 1998, at 7:00 p.m. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. ACTION: ACTION: PARKS AND RECREATION-COMMITTEES: A communication from G. Scott Shackelford tendering his resignation as a member of the Mill Mountain Advisory Committee, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to pending litigation, specifically a lawsuit brought against certain City employees, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Attorney to convene in Executive Session to discuss a matter with regard to pending litigation, specifically a lawsuit brought against certain City employees, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. ROANOKE ARTS COMMISSION-HOTEL ROANOKE CONFERENCE CENTER-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Eva Darcel Walters as a member of the Roanoke Arts Commission for a term ending June 30, 1998; and 10 John H. Parrott as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2002. ACTION: (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: ARTS COUNCIL OF ROANOKE VALLEY: Susan Jennings, Executive Director, The Arts Council, expressed appreciation for the City's support of Downtown Living Now which brought over 1,000 people to downtown Roanoke, received wide-spread media coverage that demonstrated the possibilities of revitalizing old buildings into dynamic residences, and raised funds for programs sponsored by The Arts Council. She presented a description of The Arts Council and reviewed several of its programs and services. She highlighted educational programs such as the Arts and Cultural Educational Directory, After School Arts Program at Hurt Park Elementary School, the Scholarship Fund for high school students who wish to expand their study of the literary, performing or visual arts, and the High School Arts Show. (See statement on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the remarks of Ms. Jennings would be received and filed. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, presented a briefing on teacher recruitment strategies. He advised that the school system is actively recruiting a qualified and diverse workforce; and there are several factors that allow the school system to maintain an active applicant pool of approximately 5,000 11 licensed applicants, i.e.: the salaries that the Council and the School Board have supported, an excellent fringe benefits package, and the quality of life in Roanoke. He stated that the Roanoke City Public School system is composed of 29 public schools and five alternative education programs, 1,068 teachers, 91 administrators, 771 support staff and 154 part-time staff members, for a total staff of 2,084, which places the Roanoke City Public School System as one of the top ten employers in the Roanoke Valley. Dr. Harris advised that Roanoke City has been active in its efforts to recruit and employ a qualified and diverse workforce; since 1989, 550 employees have retired and of that total, 142 were professional staff members who were African-American; while during the same ten year period, 179 African-American staff members were employed which means that there has been an increase of 37 employees who are African-American who replaced those who left the system, therefore, some significant gain has been made. He stated that Roanoke's efforts with diversity are not related solely to African-American employees, but to Hispanic, Asian and Native American. He advised that 85 per cent of licenced employees (teachers and principals) are Caucasian, 15 per cent include ethnic groups, 60 per cent classified employees (secretaries, bus drivers, food service employees, maintenance, etc.,) are Caucasian, while 40 per cent are of other ethnic backgrounds, therefore, Roanoke City's total workforce is composed of 75 per cent Caucasian, 24.9.1 per cent African-American, and eight per cent other. Dr. Harris advised that it is important to note that there is a limited pool from which to draw, and noted that in 1979, 12 per cent of all teachers in this nation were African-American, there is a prediction that minority teachers will represent less than five per cent of United States teachers by the turn of the century, and of the total number of bachelors degrees conferred to education students in 1993, only 5.9 per cent of the recipients were African-American. He stated that while the number of Virginia approved teacher preparation applicants have increased from 3,731 in 1994 to 4,249 in 1996, it is important to note that only 810 of the 4,249 were African-American. With regard to administrative hiring since 1987, 16 of the 23 African-American administrators hired since 1987 were hired from 1993 until the present time, 15 new principals were hired since July 1993 and 47 per cent have been African-American or Native American. 12 Dr. Harris noted that Roanoke City Public Schools advertises on the Internet, in the Effective Educator which is a national publication, in Education Week, and jobs are posted on the Harvard Job Board. In terms of general recruitment strategies, he advised that during the 1996-97 school year, Roanoke City initiated an early hiring strategy which involves offering a qualified applicant an opportunity to enter into a contract with the School system as early as April. He stated that approximately 35 - 40 applicants were invited to look at the Roanoke school system and 30 applicants accepted the invitation; and 14 early contracts were offered with seven being applicants of color. To date, he stated that early contracts have been offered to 18.5 of those applicants and 7.5 are African-American. He explained that recruiting trips have been expanded further south to include the States of Alabama and Georgia, 43 recruiting trips have been conducted to date and 14 of those trips were to predominantly African-American Colleges or to recruiting fairs or consortia where it is known that there will be a larger pool of African-American students. Dr. Harris reviewed the following recruiting programs, i.e.: Tomorrow's Teachers Program in which African-American students are recruited to attend Virginia Polytechnic Institute and State University with the understanding that they will return to Roanoke City to work in exchange for their tuition. The program is about to be phased out, however, ten students who completed the program have returned to Roanoke City as teachers and seven students are now at various stages in completing the program. Summer Internship Program in which rising senior college students are invited to intern during summer school with an experienced teacher with the goal of hiring the students once they complete college. Seven students participated in the program, 23 interns were hired, 20 of the 23 teachers are African-American and 21 have been hired as teaching assistants. Grow Your Own Program is an arrangement with Roanoke College where Roanoke City selects up to ten of its teacher para-professionals who have attained at least two 13 years towards their college degree and they attend Roanoke College to obtain their teaching credentials. Three of the teachers, one of whom is African-American, have been employed. Without objection by Council, the Mayor advised that the briefing would be received and filed. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $1,000.00 for the 1997-98 Special Education Assistive Technology Program to provide funds for the purchase of equipment and software to assist students with disabilities; this is a new program which will be reimbursed one hundred per cent by Federal funds; $40,000.00 in additional State Basic Aid resulting from enrollment gain to provide for an increase in transportation costs which resulted from additional runs for special education and magnet programs; $20,688.00 for the Title I School Improvement Grant to provide professional development services to school support teams at eight Title I schools; this is a new program which will be reimbursed one hundred per cent by Federal funds; $3,014.00 for the 1997-98 Carilion Health General Education Development (GED) Program to provide assessment and instruction toward completion of the GED program for Carilion Health System employees; this is a new program and funding will be provided through assessment of fees to Carilion Health Systems; and $71,075.00 in a supplemental appropriation request to adjust fiscal year 1998-99 revenue to reflect the reduction in the City's Sales Tax revenue estimate for the Schools and to increase the State revenue estimate for an increase in average daily membership (ADM) based on the 14 ACTION: March 31, 1998, actual ADM and for additional State revenue for composite index no loss funds; this action will reconcile the Schools' fiscal year 1998-99 General Fund Budget based on the fiscal year 1998-99 budget appropriation adopted by Roanoke City Council on May 11, 1998. A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33853-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 552.) Mr. Trout moved the adoption of Ordinance No. 33853-060198. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Trout offered the following emergency budget ordinance: (#33854-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 554.) Mr. Trout moved the adoption of Ordinance No. 33854-060198. The motion was seconded by Mr. Harris and adopted by the following vote: 15 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting the close-out of certain completed school grant accounts, was before Council. It was advised that total outlays for the grants amounted to $11,214,638.35; and revenue for the grants was provided as follows: Federal Funds State Funds Fees/Donations Local Match $5,815,755.64 $2,368,290.09 $1,117,942.62 $1,912,650.00 A report of the Director of Finance recommending that Council concur in the request of the School Board, was also before the body. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the request of the Roanoke City School Board. The motion was seconded by Mr. Swain and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-WORKERS' COMPENSATION-CITY EMPLOYEES: The City Manager submitted a written report advising that workers' compensation expenditures for fiscal year 1997-98 are projected to be approximately $820,000.00; and information is based on actual expenditures through April 1998, and projected expenditures for May and June, 1998. 16 It was further advised that workers' compensation expenditures for the Police and Fire Departments and Jail are greater for these departments due to State law (Heart and Lung Bill) and are based on the presumption that heart, hypertension and lung disabilities affecting these public safety employees are job related; the bill also includes certain types of cancer for firefighters; workers' compensation claims are carried over from year to year; State law requires employers to pay workers' compensation wages for up to 500 weeks or until the employee either returns to work or is eligible for retirement; and the City is liable for workers' compensation medical expenses (which are the consequence of the original on-the-job injury) for the lifetime of the retired employee. It was explained that funding to cover fiscal year 1997-98 workers' compensation claims is available in the following accounts and needs to be allocated to departmental accounts from non- departmental categories, as follows: Fundincj Sources: Account Number Amount Workers' Compensation - Wages Workers' Compensation - Medical Jail - Recovered Costs 001-004-9110-1135 001-004-9110-1140 001-024-3310-8005 $350,000.00 350,000.00 120,000.00 Total $820,000.00 The City Manager recommended that Council authorize the transfer of funds to cover workers' compensation claims, in the amount of $820,000.00, to departmental workers' compensation accounts from the following sources: Fundincj Sources: Account Number Amount Workers' Compensation - Wages Workers' Compensation - Medical Jail - Recovered Costs 001-004-9110-1135 001-004-9110-1140 001-024-3310-8005 $350,000.00 350,000.00 120,000.00 Total $820,000.00 17 ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33855-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 555.) Mr. Trout moved the adoption of Ordinance No. 33855-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Council Member White requested that the City Manager obtain comparable data with regard to workers' compensation claims by other Commonwealth of Virginia localities. Council Member Swain requested a comparison of workers' compensation claims attributed to heart and lung disease and those associated with bodily injuries. BUDGET-PUBLIC WORKS: The City Manager submitted a written report advising that the Virginia Department of Environmental Quality (DEQ) notified the City of Roanoke in late July 1997 of a report of possible unauthorized disposal of waste materials at the City's Public Works Service Center property on Courtland Road, N. W.; and subsequent investigations determined some buried drums of paint-like and tar-like products and solvents, and also quantities of inorganic material (broken pipe, guardrails, etc.) which has been classified by DEQ as solid wastes. It was further advised that excavated materials have been removed from the site and sent to the proper disposal locations; the City continues to work with DEQ and the Federal Environmental Protection Agency (EPA) to complete investigations and to develop a 18 ACTION: mutually acceptable plan for addressing all issues which have arisen during the course of the matter; and it is expected to be at least a number of months before the matter is brought to a close. It was explained that approximately $280,000.00 has been expended through April 1998 for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses; expenditures have been made from various existing operating accounts; from an accountability standpoint, it is desirable to accumulate these expenditures into a projects account; and funds are needed to pay the costs estimated to be incurred during the remainder of this fiscal year. The City Manager recommended that Council appropriate $300,000.00 to Capital Projects Fund Account No. 008-052-9670-9003, Environmental Issues - Public Works Service Center, for environmental studies, legal services, disposal fees, consultant and expert fees, and related expenses; and appropriate $150,000.00 to the Capital Improvements Reserve - Buildings, Account No. 008-052-9575-9173, to replenish funding that was temporarily provided for such expenses. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33856-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 558.) Mr. Trout moved the adoption of Ordinance No. 33856-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Council Member White, Chairman of the City Council's Audit Committee, advised that as a part of the City's annual audit this year, an evaluation of possible accrual of liability will be required, and it will 19 be necessary for some evaluations to be made by the external auditor and some will be made by the Finance Department; whereupon, he requested that the Director of Finance elaborate on actions that will need to occur at the end of the fiscal year. The Director of Finance advised that the external auditor is aware of the situation and an evaluation will be made by a neutral third party. If the Finance Department can reasonably estimate any liability that needs to be recorded as of June 30, he explained that the liability will be recorded in the June 30 financial statement of the City. STATE HIGHWAYS-STREETS AND ALLEYS: The City Manager submitted a written report advising that improvements to 10th Street have been included in long-range transportation plans dating back to 1963; and numerous meetings have taken place over the past 24 months involving citizens from the 10th Street area and City staff. It was further advised that City staff met with an ad hoc group of neighborhood representatives (including Washington Park Alliance, Williamson Road Action Forum, Williamson Road Area Business Association, residents at-large and business owners) on August 6, 1997, to consider the results of the community meeting; the consensus of these representatives was that they will not oppose a three-lane design, but would strongly oppose a four-lane design; and while not opposing a three-lane project, there are concerns about the loss of front yard area. It was explained that there are approximately 110 houses along the proposed three-lane portion of 10th Street (north of Staunton Avenue); as a result of widening, approximately 90 of these homes would be less than ten feet closer to the new 10th Street pavement; 13 houses would actually be 15 to 20 feet further away from the new 10th Street pavement, and nine houses along this segment would need to be relocated or demolished; another related concern had to do with ability to access driveways; the three-lane plan allows a center lane for storage until opposing traffic clears; and it was noted that projected traffic growth will likely occur regardless of the design which is implemented; and the Virginia Department of Transportation (VDOT) is prepared to proceed with detailed engineering plans when advised by the City of the preferred option. 2O The City Manager recommended that Council approve development of a three-lane design for 10th Street, N. W., and advise VDOT of the City's concurrence. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33857-060198) A RESOLUTION concurring in the Virginia Department of Transportation's proposed improvements to 10th Street, N.W. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 559.) Mr. Trout moved the adoption of Resolution No. 33857-060198. The motion was seconded by Mr. Swain. Mr. Scoff Martin, 2408 10th Street, N. W., advised that although he objected to having 25 per cent of his front yard taken for improvements to 10th Street, he would have no other choice but to accept that action because it appears that is the only way that curb and gutter will be installed. AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. POLICE DEPARTMENT-BUDGET-EQUIPMENT: The City Manager submitted a written report advising that a City of Roanoke Public Safety System has been identified as a priority project by the City's Information Technology Committee; the project will consist of new Computer Assisted Dispatch, Police Records Management, Mobile Computers, and Jail Management Systems; and funding for the project is to be provided from the City Sheriff's Account, City Information Services Retained Earnings Account and a potential Federal Grant. It was further advised that the proposed funding amount for the Jail Management System is an estimate of $450,000.00, with two-thirds ($300,000.00) of the funding available in the City Sheriff's current year budget; and the balance of funding is designated in the City Sheriff's 1998-99 budget. 21 ACTION: The City Manager recommended that Council appropriate $300,000.00 from City Sheriff's Account No. 001-024-3310-8005 to City Information Systems Capital Account No. 013-052-9801-9203. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33858-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and City Information Systems Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 560.) Mr. Trout moved the adoption of Ordinance No. 33858-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-FDETC: The City Manager submitted a written report advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District; the FDETC serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke, as well as the cities of Clifton Forge, Covington, Roanoke and Salem; the FDETC serves two primary client populations: dislocated workers and the economically disadvantaged; and the City is the grant recipient for FDETC funding, and Council must appropriate funds for all grants and other monies received by the FDETC. It was further advised that the Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities, and remedial education in the following amounts: Title II-B - Summer Youth Employment Program. Notice of Award - 98-03-11, for $399,866.00 will be used to cover costs associated with the 1998 22 ACTION: Summer Youth Employment Program which will provide remedial education, academic enrichment, work experience with payment of wages, training, counseling, and other benefits for youth. Title III-F (Dislocated Workers) - $25,000.00 (Notice of Award - 98-03-09) allocation from the Title II-A (Economically Disadvantaged) grant; funds will be used to provide training and supportive services to workers dislocated through no fault of their own because of plant closures, downsizing, layoff, etc. It was noted that the Virginia Employment Commission has awarded the Consortium an additional $20,000.00 to operate a Governor's Regional Project for PY 97; and these funds will be used to serve dislocated workers. The City Manager recommended that Council appropriate Fifth District Employment and Training Consortium funding totaling $419,866.00, and increase the revenue estimate by $419,866.00, in accounts to be established in the Consortium fund by the Director of Finance; and transfer $25,000.00 from Title II-A to Title III-F. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33859-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 561.) Mr. Trout moved the adoption of Ordinance No. 33859-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. 23 DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of April 1998. (For full text, see Financial Report on file in the City Clerk's Office.) Council Member White referred to page 10 of the Financial Report in regard to the Hotel Roanoke Conference Center Fund. He inquired as to when the Hotel Roanoke Conference Center Fund will reach the point where it is not required to be subsidized and what is the optimum amount of cash accumulation for replacement of assets. The Director of Finance advised that the matter has been discussed at several Hotel Roanoke Conference Center Commission meetings and he is scheduled to meet with staff of Virginia Tech to discuss what is considered to be an adequate amount of funds. He explained that some of the funds have been generated as a result of profitable operations of the Conference Center, and following the meeting with Virginia Tech representatives, he will forward a response to Council. ACTION: Without objection by Council, the Mayor advised that the Financial Report would be received and filed. BUDGET-INTERNAL SERVICE FUND: The Director of Finance submitted a written report advising that the City of Roanoke's Internal Service Funds account for certain services provided to departments of the General Fund; and the Internal Service Funds recover their costs by charging the receiving departments for services provided. It was further advised that budgeted funds for internal services are allocated in each fiscal year's budget throughout various departments based on estimated usage which usually varies from the original estimates; at this time during each fiscal year it is necessary to make appropriations transfers between departments to provide sufficient funds for internal services for the fiscal year; the transfers do not increase the overall General Fund budget, but reallocate amounts between departments, transferring unallocated amounts to the General Fund Contingency; and a summary of total transfers is as follows: 24 ACTION: Revised Budget Amount Transfers Budget Before Transfers In/Out Amount Computer Infor- mation Systems $2,501,839.00 $(280,313.00) $2,221,526.00 Computer Infor- mation Systems - PC Rental 142,331.00 219,990.00 362,321.00 Risk Management 490,784.00 21,553.00 512,337.00 Overhead Risk Management 72,147.00 (33,419.00) 38,728.00 Claims Fleet Management 1,915,776.00 -0- 1,915,776.00 Fleet Rental 1,025,000.00 -0- 1,025,000.00 Contingency 137,093.00 72,189.00 209,282.00 Total $6~284,970.00 $ -0- $6,284,970.00 The Director of Finance recommended that Council approve the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33860-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 563.) Mr. Trout moved the adoption of Ordinance No. 33860-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None .......................................................................0. 25 CITY EMPLOYEES-BUDGET: The Director of Finance submitted a written report advising that the fiscal year 1997-98 General Fund budget included funds in the nondepartmental category for ICMA retirement, unemployment wages and termination (vacation) leave wages; these fringe benefits are budgeted at estimated amounts in the nondepartmental category because annual charges for each department are difficult to project; and actual costs are charged to departments in anticipation of budget transfers to cover the costs. It was further advised that a proposed budget ordinance transfers funds from the nondepartmental category to the applicable departmental budgets; additionally, the ordinance transfers funds from the General Fund Contingency to various departments to provide necessary funding for termination leave wages; the transfers do not increase the General Fund budget in total, but reallocate amounts between departments; and a summary of total transfers is as follows: ICMA Match Unemployment Wages Termination (Vac- ation) Leave Wages Budget Amount Transfers Revised Before Transfers Inl(Out) Budqet Amount $173,000.00 $ (30,097.00) $142,903.00 35,000.00 (1,993.00) 33,007.00 91,275.00 104,279.00 195,554.00 Contingency 209,282.00 (72,189.00) 137,093.00 Total $ 508,557.00 $ -0- $ 508,557.00 The Director of Finance recommended that Council approve the required transfers. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33861-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 572.) 26 ACTION: Mr. Trout moved the adoption of Ordinance No. 33861-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. REPORTS OF COMMITTEES: PARKS AND RECREATION: A report of the Mill Mountain Advisory Committee with regard to proposed guidelines relating to use and illumination of the Mill Mountain Star, was before Council. It was advised that on November 28, 1996, Council voted to continue the "Keep the Star White" campaign pending receipt of a report from the Mill Mountain (Development) Advisory Committee with regard to the Committee's short and long term vision for Mill Mountain; every member of the Mill Mountain Advisory Committee has the utmost regard for the diligent and valuable services of Mothers Against Drunk Driving and totally support their efforts; however, based upon the proposed guidelines being offered to Council for consideration, the Committee recommends that the "Keep the Star White" campaign not be continued. It was further advised that, in general terms, the use or illumination of the Mill Mountain Star should not be (or at a minimum, on a very limited basis) used to support any single group's interest, goals, or messages, regardless of the perceived worth of the message or goals; this observation is guided by the following factors: first, the ability to select which public good message should be supported and which should not be supported would eventually be a monumental task, requiring substantial resources and time, the likely outcome of which would be aggrieved by some group or cause; second, since the Mill Mountain Star is, as a practical matter, "owned" by all who view it, its use for selectively conveying individual messages is inconsistent with the broad public good of it, and this is the same issue as denying any individual or group the ability to convey its thoughts or messages in an offensive or disruptive manner, i. e., loud music, such that another's rights to the public good of peace and tranquility is eliminated. 27 It was noted that the Mill Mountain Star should not be utilized, illuminated, or displayed in any manner which diminishes its overall positive symbolism; the Star should be a constant symbol of the positive goals and attributes of the City and the surrounding region; except for occasional situations involving significant national or regional issues or events, the Mill Mountain Star should not be displayed or permitted to be used as a symbol to convey a negative message; and the premise of the current campaign of "Keep the Star White" is misleading and the Star should be white regardless of the actions of anyone. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that Council concur in the recommendation of the Mill Mountain Advisory Committee. The motion was seconded by Mr. Swain. There was discussion as to whether the matter can be approved by motion of Council or by measure; whereupon, the City Attorney advised that it is a matter which is within the discretion of Council, and if Council is of a mind to refer the recommendation to him for preparation of the proper measure, he will be pleased to honor the request of Council. With the approval of the authors of the motion, the Mayor advised that the motion would be to concur in the recommendation of the Mill Mountain Advisory Committee and refer the matter to the City Attorney for preparation of the proper measure; whereupon, Vice-Mayor Wyatt voiced her objection. Mr. Trout offered an amendment to the motion that the matter be referred to the City Attorney for preparation of the proper measure concurring in the recommendation of the Mill Mountain Advisory Committee. The amendment to the motion was seconded by Mr. Harris and adopted, Vice-Mayor Wyatt voted no. Vice-Mayor Wyatt expressed concern that to equate the issue of the death of a citizen with birthday celebrations, weddings and holidays is offensive. She stated that the design of the campaign of Mothers Against Drunk Driving was not for a special interest group, but because drug abuse and alcohol issues belong to all groups, and to equate Mothers Against Drunk Driving as a special interest group takes away a concern of many citizens. She stated that the request of MADD goes 28 back to a policy that the City observed for many years which provided that when there was an automobile fatality in this community, the Mill Mountain Star was turned red. She advised that to say this City does not want to use a positive symbol that represents all citizens of Roanoke to point out that there is a problem with drug and alcohol abuse is short-sighted. The main motion, offered by Mr. Parrott to concur in the recommendation of the Mill Mountain Advisory Committee, seconded by Mr. Swain, as amended to provide that the recommendation will be referred to the City Attorney for preparation of the proper measure, was adopted, Vice-Mayor Wyatt voted no. BUDGET-HUNTER VIADUCT-CONSULTANTS REPORTS: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for rehabilitation of the Hunter Viaduct Phase II Project; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with English Construction Co., Inc., for rehabilitation of Hunter Viaduct, in the amount of $3,058,597.70; Authorize a project contingency of $350,000.00 (estimate of $40,000.00 to AEP for lighting); Authorize the City Manager to execute Amendment No. 4, in the amount of $247,000.00, for construction administration and full-time construction inspection services to the Agreement for Engineering Services with Hayes, Seay, Mattern & Mattern, Inc., dated September 21, 1989 (Ordinance No. 29764-91189), in a form to be approved by the City Attorney. Fund the agreement with Norfolk Southern Railway authorized by Council on September 22, 1997, to provide utility adjustments, watchman service and flagman protection, in the amount of $614,215.00 and anticipated other expenses related to the project; 29 ACTION: Funding is proposed to be established as follows: Hunter Viaduct account exists with funding of $299,159.00 from previous appropriations. Appropriate the remaining contribution from Norfolk Southern, in the amount of $865,983.00, to Hunter Viaduct, Account No. 008-052-9636-9004; and establish a receivable in the same amount. Appropriate $3,104,671.00 from the 1996 Public Improvement Bonds, Account No. 008- 052-9701-9190, to Hunter Viaduct, Account No. 008-052-9636-9001; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33862-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 576.) Mr. Parrott moved the adoption of Ordinance No. 33862-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following emergency ordinance: 30 ACTION: (#33863-060198) AN ORDINANCE accepting the bid of English Construction Company, Incorporated, for the rehabilitation of the Hunter Viaduct, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 577.) Mr. Parrott moved the adoption of Ordinance No. 33863-060198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following resolution: (#33864-060198) A RESOLUTION authorizing the execution of an amendment to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., for construction administration and full-time construction inspection services for the Hunter Viaduct Phase II Project. (For full text of Resolution, see Resolution Book No. 60, page 578.) Mr. Parrott moved the adoption of Resolution No. 33864-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-BRIDGES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Cove Road and Peach Tree Drive Bridge replacement project; whereupon, he recommended that Council approve the following actions: 31 ACTION: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of $443,488.25, and authorize a project contingency of $62,000.00 ($17,200.00 for inspection and construction administration); Transfer $505,488.00 from the 1997 bond proceeds, Account No. 008-052-9706-9190, to Account No. 008-052- 9551-9001, Three Bridge Replacements; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33865-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 579.) Mr. Parrott moved the adoption of Ordinance No. 33865-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following emergency ordinance: (#33866-060198) AN ORDINANCE accepting the bid of H. & S. Construction Company for the replacement of the Cove Road bridge over Peters Creek and the Peach Tree Drive bridge over Peters Creek, 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. 32 (For full text of Ordinance, see Ordinance Book No. 60, page 580.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33866-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. SIDEWALK/CURB AND GUTTER-BUDGET: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of new concrete sidewalks, entrances and curb, Phase III; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract with H. & S. Construction Co., in the amount of $471,850.00, and authorize a project contingency of $50,000.0O; Transfer $181,300.00 from Public Improvement Bonds - Series 1996 Streets and Sidewalks, Account No. 008-052- 9701-9191, Sidewalk and Curbs Phase III; Transfer $240,550.00 from Public Improvement Bonds - Series 1997 Streets and Sidewalks, Account No. 008-052- 9706-9191, to Sidewalk and Curbs Phase III account; Appropriate $100,000.00 from Transfer to Capital Projects Fund, Account No. 001-004-9310-9508, to Sidewalk and Curbs Phase III; Reject the other bid received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) 33 ACTION: Mr. Parrott offered the following emergency budget ordinance: (#33867-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 581.) Mr. Parrott moved the adoption of Ordinance No. 33867-060198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following emergency ordinance: (#33868-060198) AN ORDINANCE accepting the bid of H. & S. Construction Company, for the construction of new concrete sidewalks, entrances, and curbs throughout the City, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 582.) Mr. Parrott moved the adoption of Ordinance No. 33868-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-WATER RESOURCES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of the Peters Creek Detention Basin; whereupon, he recommended that Council approve the following actions: 34 Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with H. T. Bowling Inc., in the amount of $1,054,305.00 and 240 consecutive calendar days for completion of the work, with a project contingency of $105,695.00; and Transfer $1,160,000.00 from Public Improvement Bonds Series 1992A, Account No. 008-052-9700-9176, to Peters Creek Detention Basins, Account No. 008-056-9656-9001. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33869-060198) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 583.) ACTION: Mr. Parrott moved the adoption of Ordinance No. 33869-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following emergency ordinance: (#33870-060198) AN ORDINANCE accepting the bid of H. T. Bowling, Inc., for the construction of the Peters Creek Detention Basins, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 584.) 35 ACTION: Mr. Parrott moved the adoption of Ordinance No. 33870-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: JUVENILE CORRECTIONAL FACILITIES: Ordinance No. 33838, authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to participate, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known as the Roanoke City Juvenile Detention Center in Botetourt County, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Trout offering the following for its second reading and final adoption: (#33838-060198) AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Detention Commission Service Agreement by and among the Commission, the City of Salem, and the Counties of Franklin, Roanoke and Botetourt, should Botetourt choose to participate, and to execute the necessary documents providing for the sale and conveyance of property owned by the City and commonly known as the Roanoke City Juvenile Detention Center in Botetourt County, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 531.) Mr. Trout moved the adoption of Ordinance No. 33838-060198. The motion was seconded by Mr. White and adopted by the following vote: 36 ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. CITY CODE-SWIMMING POOLS-FEE COMPENDIUM: Ordinance No. 33839, amending the City Code with regard to the regulation of swimming pools and amending the Fee Compendium to provide for an application fee for a swimming pool permit, effective July 1, 1998, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Parrott offering the following for its second reading and final adoption: (#33839-060198) AN ORDINANCE amending Article I1. Swimmincj pools, of Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979), as amended, by amending §15-22, Definition, §15-23, Violations of article, §15-24, Ins_~ection to enforce article; submission of records to health department, §15-25, Certain pools declared public nuisance, §15-26, Rules and requlations for desi_an, construction, etc., §15-27, Permit to construct, alter or operate, §15-28, Supervisory personnel, and by adding new §15-29, Safety and rescue equipment and code standards; other safety features, and §15- 30, General safety provisions and security, to provide for consistent regulations among the localities; amending the City's Fee Compendium to provide for an application fee for a swimming pool permit; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 532.) Mr. Parrott moved the adoption of Ordinance No. 33839-060198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Ordinance No. 33843, amending and reordaining subsection (a) of Section 22.1-44, Normal service retirement, Code of the City of Roanoke (1979), as amended, to provide for use of a Rule of 70 for calculation of normal retirement age 37 ACTION: for firefighters and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees, effective July 1, 1998, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33843-060198) AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, Normal service retirement, Code of the City of Roanoke (1979), as amended, to provide for use of a Rule of 70 for calculation of normal retirement age for firefighters and deputized police officers and a Rule of 80 for calculation of normal retirement age for all other City employees; and providing for an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 543.) Mr. Harris moved the adoption of Ordinance No. 33843-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES-PENSIONS: Ordinance No. 33844, amending and reordaining Section 22.1-3, Membership generally, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c2) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33844-060198) AN ORDINANCE amending and reordaining §22.1-3, Membership generally, of Chapter 22.1, Pensions and Retirement., Code of the City of Roanoke (1979), as amended, by the addition of a new subsection (c2) providing for a new window of opportunity during which members of the Employees' Retirement System may transfer to the Employees' Supplemental Retirement System. 38 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 545.) Mr. Harris moved the adoption of Ordinance No. 33844-060198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. STREETS AND ALLEYS: Ordinance No. 33849, permanently vacating, discontinuing and closing an alley connecting properties located at 1911 and 1909 East Gate Avenue, N. E., identified as Official Tax Nos. 3441103 and 3441104, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33849-060198) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 546.) Mr. Harris moved the adoption of Ordinance No. 33849-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. STREETS AND ALLEYS: Ordinance No. 33850, permanently vacating, discontinuing and closing a portion of Pineland Road, S. W., located adjacent to Official Tax Nos. 5010507 and 5010317, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: 39 ACTION: (#33850-060198) AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. (For full text of Ordinance, see Ordinance Book No. 60, page 548.) Mr. Harris moved the adoption of Ordinance No. 33850-060198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. CITY CODE-ZONING: Ordinance No. 33851, amending Section 36.1-710, Fees cjenerally, of Division 6, Fees, of Article VII, Administration., of Chapter 36.1, Zonincj, of the Code of the City of Roanoke, (1979), as amended, by the addition of a new subsection (c), to authorize refunds of fees or charges under certain justifiable circumstances, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33851-060198) AN ORDINANCE amending §36.1-710, Fees qenerally, of Division 6, Fees, of Article VII. Administration, of Chapter 36.1, Zonincj, of the Code of the City of Roanoke (1979), as amended, by the addition of new subsection (c) to authorize refund of fees or charges under certain justifiable circumstances. (For full text of Ordinance, see Ordinance Book No. 60, page 550.) Mr. Harris moved the adoption of Ordinance No. 33851-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. 40 ACTION: ZONING: Ordinance No. 33852, rezoning a 2.82-acre tract of land located at 2013 Peters Creek Road, N. W., identified as Official Tax No. 6370306, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, having previously been before the Council for its first reading on Monday, May 18, 1998, read and adopted on its first reading and laid over, was again before the body, Mr. Harris offering the following for its second reading and final adoption: (#33852-060198) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 637, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 60, page 551.) Mr. Harris moved the adoption of Ordinance No. 33852-060198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, Trout, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................ 7. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: SEGREGATION/INTEGRATION-ACTS OF ACKNOWLEDGEMENT- COMMITTEES: Council Member White commended the planning committee on the success of the First Regional Conference on Community Relations which was held on May 29, 1998, at The Hotel Roanoke. COUNCIL: It was the consensus of Council that the matter of scheduling a joint meeting of Roanoke City Council and the Salem City Council would be referred to the City Clerk. 41 ACTION: ACTS OF ACKNOWLEDGEMENT-COUNCIL: Council Member Harris advised that he would not be present for the June 15, 1998 Council meeting which will be the last official meeting of Council Member John H. Parrott; whereupon, Mr. Harris commended Mr. Parrott for his four years of service as a Member of Roanoke City Council. ACTS OF ACKNOWLEDGEMENT: The Mayor commended George C. Snead, Jr., Director of Public Safety, for his service as President of the Local Chapter, National Conference of Christians and Jews. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: POLICE DEPARTMENT-DRUGS/SUBSTANCE ABUSE- HOUSING/AUTHORITY: Mr. Jeff Artis, 727 Highland Avenue, S. E., addressed Council with regard to gang activities in southeast Roanoke; violence among young people, particularly in the northwest neighborhood involving automatic weapons; and the illegal distribution, sale and use of drugs in public housing projects. Without objection by Council, the Mayor advised that the remarks of Mr. Artis would be referred to the City Manager for response. The Mayor requested that Council be provided with a briefing on crime activities in the City of Roanoke. At 4:20 p.m., the Mayor declared the meeting in recess. At 4:45 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Vice-Mayor Wyatt who left the meeting following the Executive Session. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Swain and adopted by the following vote: 42 ACTION: ACTION: AYES: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Vice-Mayor Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that the term of office of Todd St. Clair as a member of the Youth Services Citizen Board will expire on May 31, 1998, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Todd St. Clair. There being no further nominations, Mr. St. Clair was reappointed as a member of the Youth Services Citizen Board, for a term ending May 31, 2001, by the following vote: FOR MR. ST. CLAIR: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers .................................................. 6. (Vice-Mayor Wyatt was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created by the resignation of Louis Ellis, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of Gary J. Foutz. There being no further nominations, Mr. Foutz was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 1998, by the following vote: FOR MR. FOUTZ: Council Members Swain, Trout, White, Harris, Parrott and Mayor Bowers ............................................................ 6. (Vice-Mayor Wyatt was absent.) The City Attorney advised that a press conference was held on June 1, 1998, with regard to the results of what is hoped to be the final excavation for possible unauthorized disposal of waste materials at the Public Works Service Center. He stated that to date 1,052 crushed 43 barrels have been discovered, 16 of which were full and 15 contained a substance that might be traffic paint, and the 16th barrel contained an unknown substance that may or may not have been generated by the City. He added that it is too early to speculate as to the cost of cleanup, although there will be considerable costs which will be dependent upon the amount of soil contamination, and most of the barrels constitute solid waste violations rather than hazardous waste violations. There being no further business, the Mayor declared the meeting adjourned at 4:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 44 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL June 15,1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, June 15, 1998, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~lular Meetin~js, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, Carroll E. Swain and Mayor David A. Bowers .......................................... 5. ABSENT: Council Members C. Nelson Harris and John H. Parrott .............. 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. YOUTH-PARKS AND RECREATION-LIBRARIES: Marion Vaughan-Howard, Youth Planner, addressed Council in connection with the City's Summer Youth Programs. She advised that the theme of the program for 1998 is, "On the Wild Side- Summer Fun in Roanoke City"; whereupon, she called upon representatives of the Parks and Recreation Department, Roanoke City Public Library, and Office on Youth to present a summary of offerings. Lisa Soltice, Marketing Information Coordinator, Roanoke City Department of Parks and Recreation, advised that the goal of Parks and Recreation is to give every child an excellent and intriguing learning experience allowing them to think, dream and build self-esteem. She stated that 100 classes are held at eight Recreation Centers targeting ages 3 - 15, 24 outdoor adventure programs are conducted for youth ages 6 - 18, and numerous tennis classes are offered. She further stated that four week sessions are offered in golf for ages 14 and up, and a Roanoke All-Stars Football Clinic is conducted at the River's Edge Sports Complex. In addition, she advised that ten Splash Parties are scheduled at Washington Park and Fallon Park Swimming Pools targeted at age groups 11 - 13 and 14 - 18; 15 Summer Camps and seven Outdoor Adventure Camps are scheduled, Adventures in the Park Program for youth ages 6 - 12 has been expanded to ten sites, and the Stars Come Out At Night Program for youth ages 13 - 16 will be held at Preston Park, Villa Heights and Buena Vista Recreation Centers. Demetria R. Tucker, Youth Services, Roanoke City Public Library, advised that the Roanoke City Public Library annually offers a free and non-competitive entertaining and educational Summer Reading Program targeted at youth ages 3 - 18. She explained that studies have shown that school age children who read during summer vacation maintain and improve their reading skills and the Summer Reading Program involves the entire family. She advised that out of a concern for literacy as well as illiteracy, parents and older siblings are encouraged to read aloud to non- reading members of the family; last summer a total of 1,092 young people participated in the Summer Reading Program, and it is estimated that the total number of participants will increase to 3,000 this year as a result of the partnership with the Office on Youth, Job Training Camp, 4-H Camp, and Parks and Recreation Adventures in the Park Program. She stated that 41 program events were provided last summer with an audience of 1,550 children in attendance and this summer 51 programs will be offered. She advised that a special event, "Go Wild", will be held on June 24, which is a City-wide reading day sponsored in conjunction with City libraries, Roanoke's Office on Youth, Virginia Cooperative Extension Service, and the City's Parks and Recreation Department, and staff and volunteers will read aloud at the main library from 9:00 a.m. to 5:00 p.m. Jeffrey Harris, Program Coordinator, Office on Youth, advised that during the past four years the Office on Youth has provided training opportunities for youth in regard to summer employment and work experience. He stated that the program targets ages 11 - 15 for participation, with students attending seminars on how to dress in the work world, listening to work experts on a variety of professions, and during the past four years participation in the program has steadily increased, with 55 youth having participated in 1997 and 75 participating in 1998. He added that the Office on Youth is working with a number of different partners from the community including the Roanoke City Public Schools, Roanoke City Public Libraries, Transcrit, Virginia Western Community College and Radford University. He advised that approximately $20,000.00 is received in funding from the Community Development Block Grant, along with City funds, which help to cover the cost of the program, staff, and a small stipend for youth if they successfully complete the program. He stated that this year, a tracking program will be implemented and for the next three years students will be monitored after they graduate from the program to measure their success in the job market once they reach the age of 16. Sergeant Cyril James Goens, Jr., representing the Roanoke City Police Department, DARE School Resource Officer Program, advised that the DARE program was initiated in 1979 with the placement of a single police officer at James Madison Junior High School, and it has since expanded to provide service to all of the City's 29 schools and more than 11,000 children. He further advised that one of the highlights of the Program is the annual DARE Summer Camp; and this year approximately 250 children will attend a five day four night camp at the 4-H Center 2 at Smith Mountain Lake, which is planned and staffed by DARE Resource Officers and supplemented by selected teen and adult volunteers. He explained that the children who attend the camp are selected by DARE Officers and the teachers at their respective schools based on citizenship as well as scholarship, there is no charge for the camp and the children are exposed to recreational activities including horseback riding, archery, swimming, canoeing, fishing and cooking classes. He presented a video highlighting the 1997 DARE Camp. Without objection by Council, the Mayor advised that the briefing would be received and filed with appreciation. HENRY STREET REVIVAL COMMITTEE: Ms. Vernice Law, representing the Citizen Participation Group, invited the Members of Council to, "Meet Me On Henry Street" on Friday, June 26, 1998, from 4:00 - 6:00 p.m. At 12:55 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, June 15, 1998, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers .................. 6. ABSENT: Council Member C. Nelson Harris ............................................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. The Mayor welcomed participants of the Minority Journalism Workshop sponsored by The Roanoke Times. 3 ACTION: PRESENTATIONS: COUNCIL: Inasmuch as June 15, 1998, would be the last official Council meeting of Council Member John H. Parrott, Mr. White offered the following resolution: (#33871-061598) A RESOLUTION recognizing and commending the meritorious services rendered to the City by the HONORABLE JOHN H. PARROTT, Member, Roanoke City Council. (For full text of Resolution, see Resolution Book No. 60, page 585.) Mr. White moved the adoption of Resolution No. 33871-061598. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Trout, White, ,Wyatt, Swain and Mayor Bowers ............................................... ~,-, ......................... 5. NAYS: None ....................................................................... 0. (Council Member Harris was absent and Council Member Parrott abstained from voting.) CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to two requests for Executive Session to discuss a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry; and personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, 4 ACTION: ACTION: boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) COUNCIL-INDUSTRIES: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the City Manager to convene in Executive Session to discuss a matter with regard to a prospective business or industry where no previous announcement has been made of the interest of the business or industry in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 5 AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) EMERGENCY SERVICES: A communication from Mayor David A. Bowers transmitting a news release dated June 3, 1998, from the Federal Emergency Management Agency (FEMA) indicating that the Roanoke area has been asked to become a Project Impact Community to reduce the effects of disasters, was before Council. It was explained that Project Impact: Building a Disaster- Resistant Community is a national initiative that aims to change the way America deals with disasters; communities are encouraged to form partnerships with business, government and civic leaders to assess their vulnerabilities to hazards, develop solutions and implement strategies to limit damage before disasters occur; and the frequency and severity of disasters nationwide are so great that government cannot be the sole solution. ACTION: It was noted that the Roanoke Valley is one of the first communities in the nation, and the only community in Virginia, which has been invited to be a Project Impact Community; and the Virginia Department of Emergency Services will work with FEMA, the Roanoke Valley, and its local public and private partners to implement new strategies to reduce the impact of disasters. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be referred to the City Manager for appropriate action. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) 6 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting appropriation of funds to the following school accounts, was before Council. $9,000.00 for the Thurman Foundation for Children to support the activities of the Partners for Success Program, which is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention; the funds for this continuing grant are provided from a contribution. $91,892.00 for the Summer Youth Employment Program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma; this continuing program is 100 per cent reimbursed by Federal funds. $10,113,300.00 for the Addison Aerospace Middle School renovation project; funding will be provided from Literary Fund loan proceeds and 1997 Capital Bond Issue funds. $314,569.00 for the Westside Elementary School roof replacement project; funding will be provided from the proceeds of the Trigon stock sale. The School Board further requested the transfer of funds from the School Board Contingency Account totaling $65,000.00 to eliminate high school athletic fund deficits existing on July 1, 1996. A report of the Director of Finance recommending that Council concur in the requests of the School Board, was also before the body. 7 ACTION: (For full text, see communication and report on file in the City Clerk's Office.) Vice-Mayor Wyatt advised that the request of the School Board involves a significant sum of money to be used for improvements at Westside Elementary School where she is employed as a classroom teacher, and inquired if it would constitute a conflict of interest if she votes on the matter; whereupon, the City Attorney advised that the Vice-Mayor does not have a personal interest in the matter as defined by the Conflict of Interests Act, therefore, she would be permitted to vote on the request of the School Board. Council Member Swain advised that the Lucy Addison High School Reunion will be held during the summer of 1998 and could draw as many as 1200 - 1500 people, many of whom will be returning to Roanoke from other localities, and inquired if the School administration will offer an opportunity for those persons to receive a briefing on the renovation of Lucy Addison High School and ways of honoring the legacy of Miss Lucy Addison in the City of Roanoke. Richard L. Kelley, Assistant Superintendent of Roanoke City Public Schools, advised that he would be pleased to arrange a briefing through the Lucy Addison High School Alumni Committee. Mr. Trout offered the following emergency budget ordinance: (#33872-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 586.) Mr. Trout moved the adoption of Ordinance No. 33872-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... O. (Council Member Harris was absent.) Mr. Trout offered the following resolution: 8 (#33873-061598) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures for Huff Lane School Improvements; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 60, page 589.) ACTION: Mr. Trout moved the adoption of Resolution No. 33873-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that Council authorized filing a Community Development Block Grant (CDBG) application through submission of the Annual Update to the Consolidated Plan to the Department of Housing and Urban Development (HUD) for fiscal year 1998-99 on May 11, 1998, pursuant to Resolution No. 33830-051198; HUD approval of the City's fiscal year 1998-99 CDBG application is forthcoming; and a letter of approval is pending the routine release process. It was further advised that grant approval is for $2,095,000.00, the amount entitled to the City from HUD for fiscal year 1998-99; an appropriation request includes $397,728.00 in expected CDBG 1998-99 program income received from parking receipts, Hotel Roanoke Section 9 108 loan repayment, Housing Authority rehabilitation loan repayments, miscellaneous loan repayments and repayments from the Home Ownership Assistance Program; and total appropriation request is $2,492,728.00, which includes the following: CDBG Entitlement $2,095,000.00 Estimated 1998-99 Program Income $ 397,728.00 Total Appropriation $2,492,728.00 Additionally, $934,304.00 needs to be transferred from unprogrammed accounts in prior years of CDBG entitlement. The City Manager recommended that Council adopt a resolution accepting fiscal year 1998-99 CDBG funds when the letter of approval is received from HUD, and authorize the City Manager to execute the requisite Grant Agreement, to be approved as to form by the City Attorney, along with Funding Approval and any other forms required by HUD on behalf of the City in order to accept the funds; appropriate $2,492,728.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance ($2,095,000.00 in CDBG entitlement and $397,728.00 in projected 1998-99 program income); and transfer $934,304.00 between accounts in the prior three years of CDBG entitlements. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33874-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 590.) Mr. Trout moved the adoption of Ordinance No. 33874-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. 10 ACTION: (Council Member Harris was absent.) Mr. Trout offered the following resolution: (#33875-061598) A RESOLUTION accepting the Fiscal Year 1998- 99 funds for the Community Development Block Grant Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 60, page 596.) Mr. Trout moved the adoption of Resolution No. 33875-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) BUDGET-HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the HOME Investment Partnership Program is a housing assistance program of the U. S. Department of Housing and Urban Development (HUD); the City has received a HOME entitlement grant each year since fiscal year 1992 and must reapply annually to HUD to receive such funding; and Council authorized filing of the fiscal year 1998-99 HOME application through submission of the Annual Update to the Consolidated Plan to HUD pursuant to Resolution No. 33830-051198, adopted on May 11, 1998. It was further advised that approval of the City's 1998-99 HOME entitlement of $628,000.00 is forthcoming from HUD; an additional $4,000.00 in 1997-98 HOME entitlement grant funds was received by the City after the appropriations process was completed last year; these funds remain to be appropriated to revenue and expenditure accounts; and a total of $635,434.00 needs to be appropriated as follows: $628,000.00 from the 1998-99 HOME entitlement grant; 11 ACTION: $3,434.00 from HOME Program Income Revenue Account No. 035-035-1234-7220; and $4,000.00 from the 1997-98 HOME entitlement grant. It was noted that $16,827.00 needs to be transferred from HOME accounts from prior years to projects included in the fiscal year 1998- 99 HOME Program; the new $628,000.00 HOME grant requires $66,725.00 in matching funds, which funds will come from cash and in- kind contributions from non-federal sources; and no outlays of City funds will be needed to meet the match requirements. The City Manager recommended that Council adopt a resolution accepting fiscal year 1998-99 HOME funds, contingent upon receipt of a letter of approval from HUD, and authorize the City Manager to execute the required Grant Agreement to be approved as to form by the City Attorney, along with Funding Approval and any other forms required by HUD on behalf of the City in order to accept such funds; appropriate $635,434.00 to revenue and expenditure accounts in the Grant Fund to be established by the Director of Finance; and transfer $16,827.00 in HOME accounts from prior years to projects included in the fiscal year 1998-99 HOME Program. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33876-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 596.) Mr. Trout moved the adoption of Ordinance No. 33876-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) 12 Mr. Trout offered the following resolution: (#33877-061598) A RESOLUTION accepting the Fiscal Year 1998- 99 funds for the HOME Investment Partnerships Program, and authorizing the proper City officials to execute the requisite Grant Agreement with the United States Department of Housing and Urban Development (HUD). (For full text of Resolution, see Resolution Book No. 60, page 599.) ACTION: Mr. Trout moved the adoption of Resolution No. 33877-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) PURCHASE/SALE OF PROPERTY-BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a written report advising that the Garden City neighborhood experienced extensive flooding on June 28, 1995; as a result, on July 1, 1995, the City of Roanoke received a Presidential Declaration of Major Disaster; on July 6, 1995, Council adopted Resolution No. 32553-070695 declaring a local emergency and authorizing the City Manager to make application for Federal and State assistance; and on November 15, 1996, the City was notified by the Virginia Department of Emergency Services that the Federal Emergency Management Association had approved the application and obligated funds for the Garden City Property/Relocation Program. It was further advised that on February 3, 1997, Council adopted Ordinance No. 33264-020397 which included appropriation of funds for the Garden City Property/Relocation Program; funding established for the program included the following sources: [City: $500,000.00 (20%)] [State: $86,400.00 (3%)] [Federal: $1,952,001.00 (77%)], for total project funding of $2,538,401.00; the Commonwealth of Virginia, 1997 General Assembly, approved an additional $232,844.00 for the matching portion 13 ACTION: of the Garden City Property Relocation Program, which revised funding increased the State's contribution for the program to 12.5% of overall estimated program cost; and to date, 26 houses have been purchased and demolished under the program. The City Manager recommended that Council appropriate $232,844.00 from the Virginia Department of Emergency Services for the Garden City Property/Relocation Program to Capital Projects Account No. 008-052-9696-9007, entitled "Garden City Property/Relocation Program." (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33878-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 599.) Mr Trout moved the adoption of Ordinance No. 33878-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) BUDGET-REFUSE COLLECTION-ROANOKE VALLEY RESOURCE AUTHORITY: The City Manager submitted a written report advising that the adopted budget for Solid Waste Management for fiscal year 1997-98 was prepared based on several budget assumptions regarding the cost of operating refuse disposal programs; i.e.: estimated tons of refuse to be disposed of at the Roanoke Valley Resource Authority during fiscal year 1997-98 would be 47,000 tons; waste material generated by Street Maintenance activities occurred during the months of January, February, March, April and May; approximately 3,900 tons of materials from utility cuts, roadway shoulder repairs, drainage cleanouts, etc., were removed from public right-of-ways and disposed of at the 14 ACTION: Roanoke Valley Resource Authority; and heretofore such materials were disposed of in other approved locations with another less expensive location recently identified for disposal. It was further advised that financial assumptions on which the budget for operating disposal programs was prepared changed during the fiscal year because the number of tons of refuse disposed of at the Roanoke Valley Resource Authority exceeded the City's budget estimate by 3,900 tons, with environmental issues being a major contributing factor; and the cost of the additional 3,900 tons at $50.00 per ton is $195,000.00 The City Manager recommended that Council authorize transfer of $195,000.00 from General Fund Contingency and various accounts to the Solid Waste Management/Refuse Budget, Account No. 001-052- 4210-2010. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33879-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 600.) Mr. Parrott moved the adoption of Ordinance No. 33879-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) HOUSING/AUTHORITY-GRANTS: The City Manager submitted a written report advising that the City of Roanoke received an allocation of $100,000.00 from the Virginia Department of Housing and Community Development (DHCD) Abandoned Housing Clearance Fund in September, 1997 (Resolution No. 33586-092297), to address specific 15 vacant buildings; Council authorized payment of up to $100,000.00 for reimbursement of expenses eligible under the Abandoned Housing Clearance Fund to support the renovation of "One Elm Place" (formerly known as Justice House) to the developer, Virginia Realty and Auction, Inc. (Resolution No. 33686-092297); and provisions of the City's contract with Virginia Realty and Auction, Inc., provided for all renovations to be completed by May 15, 1998, and reimbursement of eligible expenses only upon completion of renovations. It was further advised that completion of renovations has been delayed, due primarily to renovations being more extensive than expected, and time required to obtain approvals for State and Federal historic rehabilitation tax credits; renovations are complete in one of the two buildings, with work progressing rapidly in the other; DHCD required the City's request for payment of the Abandoned Housing Clearance Fund (AHCF) grant to be submitted by June 1, 1998, to allow payment to the City by June 30, 1998; DHCD and grant guidelines for reimbursement by DHCD to the City requires documentation that at least $200,000.00 has gone into the project to date, of which at least $100,000.00 was for expenses eligible for reimbursement from the AHCF grant; project completion is not required by DHCD; expenses have been documented and the City Administration has sent to DHCD a request for disbursement of grant funds to the City; and amendment to the contract with Virginia Realty and Auction, Inc., is needed to amend the completion date. The City Manager recommended that Council authorize the City Manager or the Assistant City Manager to execute and the City Clerk to attest an amendment to the Subgrantee Agreement with the owners/developers of 716-718-720-722 First Street, S. W. (also known as One Elm Place), such amendment to be approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33880-061598) A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Subgrantee Agreement with Virginia Realty and Auction, Inc., to provide for the extension of the completion date of the renovation to certain property located at 716-718-720-722 First Street, S. W. ("One Elm Place"), and the amendment of other terms. 16 ACTION: (For full text of Resolution, see Resolution Book No. 60, page 602.) Mr. Swain moved the adoption of Resolution No. 33880-061598. The motion was seconded by Mr. Parrott and adopted by the following vote: ACTION: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) BUDGET-PARKS AND RECREATION-EQUIPMENT: The City Manager submitted a written report advising that the Capital Maintenance and Equipment Replacement Program has identified the need for playground equipment for Lakewood, Raleigh Court, Washington and Morningside Parks; and bids were received on May 4, 1998, and later evaluated by representatives of the Public Works, Parks and Recreation; and Supply Management Departments. The City Manager recommended that Council authorize the purchase of playground equipment for the abovestated City parks from Cunningham Associates, Inc., for a total cost of $115,896.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following resolution: (#33881-061598) A RESOLUTION accepting the bid of Cunningham Associates, Inc., for the purchase of new playground equipment for use in four City parks, upon certain terms and conditions; and rejecting the other bid made for such equipment. (For full text of Resolution, see Resolution Book No. 60, page 603.) Mr. Swain moved the adoption of Resolution No. 33881-061598. The motion was seconded by Mr. Parrott and adopted by the following vote: 17 ACTION: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) POLICE DEPARTMENT-BUDGET: The City Manager submitted a written report advising that Congress amended 21 USC. Sec. 881 el-4, October, 1986, which authorized the transfer of certain federally forfeited property to State and local law enforcement agencies that participated in the investigation and seizure of the property. It was further advised that the Police Department receives additional funds periodically from the Federal Government's Asset Sharing Program; grant requirements include that these funds be placed in an interest bearing account and that the interest earned be used in accordance with program guidelines; Council action is required to accept additional funds to be disbursed in accordance with provisions of the program; and revenues totaling $42,428.00 have been collected and are available for appropriation in Grant Fund Accounts 035-035-1234-7184 and 035-035-1234-7247. The City Manager recommended that Council accept assets from the Federal Forfeited Property Sharing Program and appropriate $42,428.00 to the Grant Fund, Investigations and Rewards, Account No. 035-050-3304-2150, and increase Grant Fund Revenue Account No. 035- 035-1234-7184 in the amount of $39,957.00 and Grant Fund Revenue Account No. 035-035-1234-7247 in the amount of $2,471.00. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33882-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 603.) Mr. Trout moved the adoption of Ordinance No. 33882-061598. The motion was seconded by Mr. Swain and adopted by the following vote: 18 ACTION: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) POLICE DEPARTMENT-BUDGET: The City Manager submitted a written report advising that the Virginia General Assembly adopted State legislation in 1991, 18.2.249 COV, which allows local law enforcement to seize and have forfeited property connected with illegal narcotics distribution; and the law also makes it possible for police departments to receive proceeds from these forfeited properties. It was further advised that the Roanoke City Police Department receives additional funds periodically from the State Asset Sharing Program; grant requirements include that these funds be placed in an interest bearing account and that the interest earned be used in accordance with program guidelines; and Council action is required to accept additional funds to be disbursed in accordance with provisions of the program. The City Manager recommended that Council accept assets from the Forfeited Asset Sharing Program and appropriate $15,852.00 to Grant Fund Account Capital Outlay/Other Equipment (035-050-3302- 9015); appropriate $5,714.00 to Grant Fund Account Expendable Equipment (<$1000.00)(035-050-3302-2035); and increase the revenue estimate in Account Nos. 035-035-1234-7133 in the amount of $18,162.00 and 035-035-1234-7270 in the amount of $3,404.00. (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33883-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 604.) Mr. Swain moved the adoption of Ordinance No. 33883-061598. The motion was seconded by Mr. Parrott and adopted by the following vote: 19 AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) CITY TREASURER-CLERK OF COURTS-COMMISSIONER OF REVENUE-CITY SHERIFF-COMMONWEALTH'S ATTORNEY: The City Manager submitted a written report advising that Council, over the last 25 years, has allowed the Constitutional Officers, by contract, to receive the benefits of regular employees of the City of Roanoke; and City contracts with all five Constitutional Officers include City Treasurer, Commissioner of the Revenue, City Sheriff, Commonwealth's Attorney and Clerk of Circuit Court. It was further advised that by the election in November, 1997, three new Constitutional Officers (City Sheriff, City Treasurer and Commissioner of the Revenue) took office in January 1998 and contracts need to be authorized by Council; as Constitutional Officers, pay and fringe benefits are handled through the State Compensation Board, unless a local agreement is negotiated; as per the contract with the Constitutional officers, the annual salary shall be set out in the Appropriations Act of the Commonwealth; and the population bracket of 100,000 to 174,999 shall be used in establishing the annual salary of Constitutional Officers, which is consistent with the population bracket used for existing Constitutional Officers who were not subject to election in November, 1997. The City Manager recommended that he be authorized to execute contracts with the newly elected Constitutional Officers; i.e.: the Commissioner of the Revenue, Treasurer and Sheriff. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33884-061598) A RESOLUTION authorizing the City Manager to extend full benefits of participation in the City's Classification and Pay Plans to the Commissioner of Revenue, Treasurer and Sheriff 2O (Constitutional Officers), and their employees and deputies, upon execution by such Constitutional Officers of written agreements between the City and them, relating to their compliance with certain City ordinances, policies and procedures. (For full text of Resolution, see Resolution Book No. 60, page 606.) ACTION: Mr. Trout moved the adoption of Resolution No. 33884-061598. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) DIRECTOR OF FINANCE: BUDGET-CAPITAL IMPROVEMENTS PROGRAM-BONDS: The Director of Finance submitted a written report advising that capital projects of all types, which include construction in major categories for buildings, parks, streets, bridges, sanitary sewers, water projects and storm drains, have been approved by Council for construction over the past years; funding is established for each project when Council approves the construction based on bids for the various construction costs, as well as extra funding for possible contingencies; and completed projects have contingency funds remaining after final bills are paid because projects are completed within the established budgets. It was further advised that a number of projects have been completed and may be closed; remaining funds need to be transferred from completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction; and a proposed budget ordinance will transfer bond proceeds funding of $39,977.00 to the 1996 General Obligation Public Improvement Bond account for future appropriations, transfer remaining funds totaling $36,119.00 to the 1992 General Obligation Public Improvement Bond account for future appropriations, and transfer $897.00 in remaining funds in completed projects to the capital improvement reserve to be available for future appropriations. 21 The Director of Finance recommended that Council transfer funds as above described. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following emergency budget ordinance: (#33885-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 605.) Mr. Trout moved the adoption of Ordinance No. 33885-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) CITY ATTORNEY-CITY CODE: The City Attorney submitted a written report advising that since 1982, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code; and this procedure ensures that the ordinances codified in The Roanoke City Code incorporate the most recent amendments to State law. The City Attorney recommended that Council adopt a measure to readopt and reenact the Code of the City of Roanoke (1979). He advised that if a measure is not adopted, City Code sections incorporating provisions of the State Code amended at the last Session of the General Assembly may not be deemed to include the recent amendments and may be impermissibly inconsistent which could result in the dismissal of criminal prosecutions under these City Code sections. (For full text, see report on file in the City Clerk's Office.) 22 ACTION: ACTION: Mr. Parrott offered the following emergency ordinance: (#33886-061598) AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 608.) Mr. Parrott moved the adoption of Ordinance No. 33886-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) PARKS AND RECREATION-DRUGS/SUBSTANCE ABUSE: The City Attorney submitted a written report advising that at the Council meeting on Monday, June 1, 1998, Council received a report of the Mill Mountain Advisory Committee setting out policy and guidelines recommended by the Committee for use and illumination of the Roanoke Star on Mill Mountain; and Council referred the report of the Committee to the City Attorney with the request that a resolution be drafted incorporating the policy and guidelines as recommended by the Mill Mountain Advisory Committee; whereupon, the City Attorney presented a resolution which complies with Council's direction. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33887-061598) A RESOLUTION establishing a policy with respect to illumination of the Roanoke Star on Mill Mountain. (For full text of Resolution, see Resolution Book No. 60, page 610.) Mr. Trout moved the adoption of Resolution No. 33887-061598. The motion was seconded by Mr. Swain. 23 The Mayor advised that eight speakers had registered to address Council and requested that each speaker limit their remarks to four minutes. Betty Field, representing the Mill Mountain Advisory Committee, advised a great deal of consideration went into the recommendation of the Mill Mountain Advisory Committee. She stated that the Star occupies a place on Mill Mountain and special interest groups such as Mothers Against Drunk Driving and other similar organizations should not be permitted to add their symbolism to a City park. She further stated that the Mill Mountain Star is an icon that represents home, therefor, it should present positive feelings and turning the star red for the negative symbolism of grief and sorrow does not seem to be a proper use for a recreational park. Brenda Altman, State Chairperson, Mothers Against Drunk Driving, requested that Council continue the practice of turning the Mill Mountain Star red after an alcohol or drug related traffic fatality, and advised that during the past week, MADD received over 100 telephone calls in support of its request. She stated that when citizens see the star red, it is a reminder that a needless death has occurred in the area, and inquired as to why there is such opposition to something that can save lives. She disagreed with the statement of the Mill Mountain Advisory Committee that turning the star red conveys a negative message, because when the star is red, it portrays a City that cares about its citizens and is creating public awareness about a serious problem. She added that using the Mill Mountain Star as a symbol is the most positive statement that any City could make to demonstrate that it is a caring community. She advised that the program has received national attention and sends a message throughout America that Roanoke, Virginia, has a good environment and is a safe place to live. Sergeant Frank Duffy, Virginia State Police, advised that the Virginia State Police support Mothers Against Drunk Driving in utilization of the Mill Mountain Star to call attention to a motor vehicle fatality resulting in death from alcohol or drugs. Ms. Melissa Stultz, 4780 Lenox Circle, N. W., appeared before Council in support of the request of Mothers Against Drunk Driving. 24 Mr. John Markey, 3608 Chadwick, Circle, S. W., advised that Mothers Against Drunk Driving has tried to increase public awareness of the danger of drinking and driving and has been instrumental in promoting State legislation lowering the blood-alcohol level to .08. He stated that by keeping the emphasis on the Mill Mountain Star, citizens will be encouraged to be on the look out for habitual drunk drivers. He advised that MADD is convinced that the illumination of the Mill Mountain Star has helped to increase public awareness of drunk drivers and requested that the City continue the program. Ms. Jennifer Borishansky, 1026 Curtis Avenue, N. W., advised that her father was killed by an alcohol impaired driver, and if only one person can be persuaded not to drive a car or be persuaded to drink responsibly because the Mill Mountain Star is red, it will be worth the effort. She stated that turning the star red following an alcohol or drug related traffic fatality does not convey a negative message. Mr. Brent Brown, 1401 Franklin Road, S. W., advised that drunk driving takes a toll on the community, but it is a preventable occurrence; however, it is only preventable when there is a caring and determined community. He stated that everyone must work together from citizens, to police officers, to Council as representatives of the City, and it should be known that drunk drivers will not be tolerated. He stated that turning the Mill Mountain Star red in the event of an alcohol or drug related traffic fatality does not convey a negative message but a message of a caring community. He added that if Roanoke does not recognize the problem, the problem will begin to fester and this is an opportunity for Roanoke to lead the way by saying that it is a caring community. Cathy Bennison, Vice-President, Local Chapter, Mothers Against Drunk Driving, advised that the Mill Mountain Star sends a prominent and visual message, and when young people see the star red, it is a sobering light that causes them to recognize that an alcohol or drug related traffic fatality has occurred. She requested that Council make the right and responsible choice and restore the tradition of turning the Mill Mountain Star red as a result of a drug or alcohol related traffic fatality. Thomas Altman, President, Roanoke Chapter, Mothers Against Drunk Driving, advised that on Wednesday evening, June 10, the Mill Mountain Star was turned red for what might be the last time as a result 25 of a drug or alcohol related traffic fatality. He asked what better symbol is there than a 100 foot high star located on a mountain top to convey that Roanoke cares about its citizens. Vice-Mayor Wyatt advised that the request of Mothers Against Drunk Driving will return the City to a previous policy of over 27 years ago which provided that if there was a traffic fatality, the Mill Mountain Star was turned red. She stated that to turn the star red as a result of the loss of a life in this community is the highest honor that the City could pay to one of its citizens and to their family and it conveys the message that as a City, Roanoke cares about the loss of a life. There was discussion with regard to whether or not there was an opportunity for public input from the community on the recommendation of the Mill Mountain Advisory Committee; whereupon, Vice-Mayor Wyatt moved that Council defer action on the matter pending a public forum to receive community input. There being no second to the motion, the Mayor declared the motion lost. Council Member Trout inquired if there would be any legal connotations in turning the Mill Mountain Star red for special expressions; whereupon, the City Attorney advised that his remarks had nothing to do with Mothers Against Drunk Driving or whether the message is positive or negative which is not relevant from a legal standpoint. He stated that the concern raised by Mr. Trout is that the Mill Mountain Star might be turned into somewhat of a community bulletin board, with organizations petitioning Council to display messages, thereby placing Council in the position of being the ultimate body to sort out what message will and will not be displayed, and if Council authorized the display of one message and not others, some might say that Council is in the business of censorship which is a First Amendment quagmire, therefor, there could be certain legal issues were Council to be in that business. He stated that he was not suggesting that the Mill Mountain Star cannot be used to express the official policy of Council, for example: there is no reason why the star could not be turned red, white and blue for a patriotic occasion. Following further discussion of the matter, Resolution No. 33887- 061598 was adopted by the following vote: 26 AYES: Council Members Trout, White, Parrott, Swain and Mayor Bowers ............................................................................. 5. NAYS: Vice-Mayor Wyatt ...................................................... 1. (Council Member Harris was absent.) REPORTS OF COMMITTEES: BUDGET-WATER RESOURCES: Council Member John H. Parrott, Chairperson, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for exterior and interior potable water tank painting at Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank; whereupon, he recommended that Council approve the following actions: Authorize the City Manager to enter into a contractual agreement, in a form to be approved by the City Attorney, with J & W Sandblasting of North Carolina, Inc., in the amount of $161,000.00, said work shall commence on July 13, 1998, and be completed in September, 1998, with work to be done in accordance with the contract documents as prepared by the City Engineer's Office; Transfer $100,000.00 from Water Department Tank Painting, Account No. 002-056-2178-9028, and appropriate $92,000.00 from Retained Earnings to a capital account, "Water Tank Painting"; and Reject all other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33888-061598) AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 611.) 27 ACTION: ACTION: Mr. Parrott moved the adoption of Ordinance No. 33888-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) Mr. Parrott offered the following emergency ordinance: (#33889-061598) AN ORDINANCE accepting the bid for the exterior and interior potable water tank painting of Grandin Court Tanks 1 and 2 and the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc., of Newbern, North Carolina, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 612.) Mr. Parrott moved the adoption of Ordinance No. 33889-061598. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Trout, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Member Harris was absent and Council Member White was out of the Council Chamber.) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: 28 INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: POLICE DEPARTMENT: Council Member Swain addressed weekly crime reports which are published in The Roanoke Times, and advised that the circulation area of The Roanoke Times covers Botetourt County, Roanoke County, the City of Salem and the Town of Vinton; however, only crime statistics from Roanoke City are published, which is unfair to the City of Roanoke in that it stereotypes Roanoke as an area of crime. The City Manager advised that he, along with the Mayor, the Chief of Police, and the Public Information Officer met with the Publisher and Managing Editor of The Roanoke Times, at which time the matter was discussed. He stated that representatives of the newspaper were asked to explain why the newspaper chose to publish City of Roanoke crime statistics only, and had the newspaper made the same request of other jurisdictions in the Roanoke Valley. He added that newspaper representatives explained that other Roanoke Valley localities were unable to provide crime-statistics information in the format that The Roanoke Times had requested, to which the City inquired if it would be possible for The Roanoke Times to indicate that the City of Roanoke has fully cooperated in providing this information; however, the same request has not yet been honored by other local governments. Mr. Herbert advised that the newspaper indicated that this was a fair request, and the matter is on the City's agenda for further discussion with representatives of The Roanoke Times. The Mayor invited a response from the Publisher of The Roanoke Times. COMPLAINTS: Vice-Mayor Wyatt called attention to the increasing number of citizen complaints regarding weeds, and requested that the legal procedure for weed control be published on the City Page in The Roanoke Times and RVTV Channel 3. Council Member White stressed the importance of providing a timely response to citizens when weed control violations are reported. The Mayor requested that Council be provided with a status report on the Citizens Service Center at either the July 6 or 20 Council meeting. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: At 4:30 p.m., the Mayor declared the meeting in recess. 29 At 5:25 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance, with the exception of Council Member Harris. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-TRAFFIC: The Mayor advised that there is a vacancy on the City of Roanoke Transportation Safety Commission created by the death of Harold S. Zimmerman, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Billie Abshire. Thers being no further nominations, Mr. Abshire was appointed as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31, 2000, by the following vote: ACTION: FOR MR. ABSHIRE: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ................................................. 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-FIRE DEPARTMENT: The Mayor advised that the term of office of Harry F. Collins, Sr., as a member of the Board of Fire Appeals will expire on June 30, 1998, and called for nominations to fill the vacancy. 30 Mr. Swain placed in nomination the name of Harry F. Collins, Sr. There being no further nominations, Mr. Collins was reappointed as a member of the Board of Fire Appeals, for a term ending June 30, 2002, by the following vote: ACTION: FOR MR. COLLINS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ................................................. 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-PENSIONS: The Mayor advised that the terms of office of Earnest C. Wilson, Sr., and E. Douglas Chittum as members of the Board of Trustees, City of Roanoke Pension Plan, will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Earnest C. Wilson, Sr., and E. Douglas Chittum. There being no further nominations, Mr. Wilson and Mr. Chittum were reappointed as members of the Board of Trustees, City of Roanoke Pension Plan, for terms ending June 30, 2000 and June 30, 2002, respectively, by the following vote: ACTION: FOR MR. WILSON AND MR. CHITTUM: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .............................. 6. (Council Member Harris was absent.) COMMITTEES-FLOOD REDUCTION/CONTROL: The Mayor advised that the terms of office of E. L. Noell, Willard N. Claytor, Lucian Y. Grove, Kathy S. Hill, Harold L. Shaffer, Dennis Tinsley, Edgar V. Wheeler and Read A. Lunsford as members of the Flood Plain Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of E. L. Noell, Willard N. Claytor, Lucian Y. Grove, Kathy S. Hill, Harold L. Shaffer, Dennis Tinsley, Edgar V. Wheeler and Read A. Lunsford. 31 ACTION: ACTION: There being no further nominations, Mr. Noell, Mr. Claytor, Mr. Grove, Ms. Hill, Mr. Shaffer, Mr. Tinsley, Mr. Wheeler and Mr. Lunsford were reappointed as members of the Flood Plain Committee, for terms ending June 30, 1999, by the following vote: FOR MR. NOELL, MR. CLAYTOR, MR. GROVE, MS. HILL, MR. SHAFFER, MR. TINSLEY, MR. WHEELER AND MR. LUNSFORD: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .............................................................................. 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-CULTURAL SERVICES COMMITTEE: The Mayor advised that the terms of office of Beverly A. James, Frances L. Keen, George A. Kegley and William L. Lee as members of the Cultural Services Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Beverly A. James, Frances L. Keen, George A. Kegley and William L. Lee. There being no further nominations, Ms. James, Ms. Keen, Mr. Kegley and Mr. Lee were reappointed as members of the Cultural Services Committee, for terms ending June 30, 1999, by the following vote: FOR MS. JAMES, MS. KEEN, MR. KEGLEY AND MR. LEE: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ....... 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the terms of office of Betty Field, Eddie Wallace, Jr., Ralph K. Smith, Jordan B. Peck, III, Carl H. Kopitzke, Mary E. Kepley and Barry L. Thomas as members of the Mill Mountain Advisory Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Betty Field, Eddie Wallace, Jr., Ralph K. Smith, Jordan B. Peck, III, Carl H. Kopitzke, Mary E. Kepley and Barry L. Thomas. 32 ACTION: ACTION: There being no further nominations, Ms. Field, Mr. Wallace, Mr. Smith, Mr. Peck, Mr. Kopitzke, Ms. Kepley and Mr. Thomas were reappointed as members of the Mill Mountain Advisory Committee, for terms ending June 30, 1999, by the following vote: FOR MS. FIELD, MR. WALLACE, MR. SMITH, MR. PECK, MR. KOPITZKE, MS. KEPLEY AND MR. THOMAS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ..................... 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-CITY EMPLOYEES- PERSONNEL DEPARTMENT: The Mayor advised that the term of office of Stephen L. Jamison as a member of the Personnel and Employment Practices Commission will expire on June 30, 1998, and called for nominations to fill the vacancy. Mr. Swain placed in nomination the name of Stephen L. Jamison. There being no further nominations, Mr. Jamison was reappointed as a member of the Personnel and Employment Practices Commission, for a term ending June 30, 2001, by the following vote: FOR MR. JAMISON: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .................................................. 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that the terms of office of R. Matthew Kennell, Ann D. Masters, Sherlie S. Doherty and Eva Darcel Walters as members of the Roanoke Arts Commission will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of R. Matthew Kennell, Ann D. Masters, Sherlie S. Doherty and Eva Darcel Walters. There being no further nominations, Mr. Kennell, Ms. Masters, Ms. Doherty and Ms. Walters were reappointed as members of the Roanoke Arts Commission, for terms ending June 30, 2001, by the following vote: 33 ACTION: ACTION: FOR MR. KENNELL, MS. MASTERS, MS. DOHERTY AND MS. WALTERS: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ....................................................................... 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that the terms of office of Brenda L. McDaniel and B. Gayle Graves as members of the Roanoke Public Library Board will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Brenda L. McDaniel and B. Gayle Graves. There being no further nominations, Ms. McDaniel and Ms. Graves were reappointed as members of the Roanoke Public Library Board, for terms ending June 30, 2001, by the following vote: FOR MS. MCDANIEL AND MS. GRAVES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .............................. 6. (Council Member Harris was absent.) OATHS OF OFFICE-COMMITTEES-CONVENTION AND VISITORS BUREAU: The Mayor advised that the terms of office of Sunny Shah and James O. Trout as City Representatives to the Roanoke Valley Convention & Visitors Bureau, Board of Directors, will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the name of Sunny Shah and James O. Trout. ACTION: There being no further nominations, Mr. Shah and Mr. Trout were reappointed as City Representatives to the Roanoke Valley Convention & Visitors Bureau, Board of Directors, for terms ending June 30, 1999, by the following vote: FOR MR. SHAH AND MR. TROUT: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ........................................ 6. (Council Member Harris was absent.) 34 COMMITTEES-WAR MEMORIAL: The Mayor advised that the terms of office of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopes, Daniel E. Karnes and Alfred C. Moore as members of the War Memorial Committee will expire on June 30, 1998, and called for nominations to fill the vacancies. Mr. Swain placed in nomination the names of Robert O. Gray, W. Robert Herbert, Sloan H. Hoopes, Daniel E. Karnes and Alfred C. Moore. There being no further nominations, Mr. Gray, Mr. Herbert, Mr. Hoopes, Mr. Karnes and Mr. Moore were reappointed as members of the War Memorial Committee, for terms ending June 30, 1999, by the following vote: ACTION: FOR MR. GRAY, MR. HERBERT, MR. HOOPES, MR. KARNES AND MR. MOORE: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers .............................................................................. 6. (Council Member Harris was absent.) At 5:30 p.m., the Mayor declared the meeting in recess until 7:00 p.m. On Monday, June 15, 1998, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members James O. Trout, William White, Sr., Linda F. Wyatt, John H. Parrott, Carroll E. Swain and Mayor David A. Bowers ....................................................................................... 6. ABSENT: Council Member C. Nelson Harris ........................... 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Mayor Bowers. 35 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PUBLIC HEARINGS: ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Shrinath Enterprises, L. L. C., that a 2.378 acre tract of land located at 1927 Franklin Road, S. W., between Wiley Drive and Brandon Avenue, identified as Official Tax No. 1040302, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribune on Thursday, June 4, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to make zoning consistent with the existing use of the land for a restaurant and motel, was before Council. ACTION: The City Planning Commission recommended that Council approve the request for rezoning, and advised that the existing development of the property and other properties on this side of Franklin Road is commercial; and although there are industrially developed properties in the vicinity, it is reasonable that this property be zoned commercial. (For full text, see report on file in the City Clerk's Office.) Charles H. Osterhoudt, Attorney, representing the petitioner, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: 36 (#33890) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 104, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 61, page 1.) The motion was seconded by Mr. White. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33890 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, onthe request of CHS, Inc., that four lots located at 1702 Hamilton Terrace, S. E., identified as Official Tax Nos. 4040822-4040825, inclusive, be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-2, General Commercial District; and a portion of an additional lot identified as Official Tax No. 4040833, located on Belleview Avenue, S. E., be rezoned from RM-1, Residential Multifamily District, Low Density District, to C-2, General Commercial District, the remaining portion is already zoned C-2, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribune on Thursday, June 4, 1998. (See publisher's affidavits on file in the City Clerk's Office.) 37 ACTION: A report of the City Planning Commission advising that the purpose of the request for rezoning is to develop a parking lot for hospital purposes, was before Council. The City Planning Commission recommended that Council approve the request, and advised that the proposed development and land use of the property is reasonable and consistent with existing land uses in the area; and the City Planning Commission requested that the petitioner continue to work with City development staff to determine the best possible methods of managing storm water runoff on the property. (For full text, see report on file in the City Clerk's Office.) Robert B. Manetta, representing the petitioner, appeared before Council in support of the request of his client. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33891) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 61, page 2.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning. There being none, Ordinance No. 33891 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) ZONING: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, June 15, 1998, at 7:00 p.m., or as soon 38 thereafter as the matter may be heard, on the request of the City Planning Commission that 11 parcels of land in the northeast quadrant of the City, fronting on Ridgefield Street and Mississippi Avenue, N. E., identified as Official Tax Nos. 3130304-3130308, inclusive, 3130313- 3130315, inclusive, and 3130505-3130507, inclusive, be rezoned from HM, Heavy Manufacturing District, to RM-I, Residential Multifamily District, Low Density District, subject to certain conditions proffered by the petitioner, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on May 28, 1998 and Thursday, June 4, 1998, and in The Roanoke Tribune on Thursday, June 4, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the purpose of the request for rezoning is to further the intent and purpose of the City's zoning regulations and its comprehensive plan and to promote general welfare and good zoning practices by (1) making existing use of the subject properties consistent with the proper zoning category, (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties and (3) facilitating preservation of neighborhood character, was before Council. ACTION: The City Planning Commission recommended that Council approve the request for rezoning, and advised that the rezoning would place parcels in the subject area into a zone consistent with their intended and original use, neighborhood character and environmental quality would be protected, and neighborhood quality would be conserved and enhanced. (For full text, see report on file in the City Clerk's Office.) Evelyn S. Lander, Agent, City Planning Commission, appeared before Council in support of the request. Mr. Trout moved that the following ordinance be placed upon its first reading: (#33892) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 313, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. 39 (For full text of Ordinance, see Ordinance Book No. 61, page 3.) The motion was seconded by Mr. Swain. The Mayor inquired if there were persons present who would like to address Council with regard to the request for rezoning; whereupon, Ms. Pat Toney, 2222 Russell Avenue, S. W., appeared before Council in support of the request. Ordinance No. 33892 was adopted, on its first reading, by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) REPORTS OF COMMITTEES: CITY GOVERNMENT-BOUNDARY LINE ADJUSTMENTS: The City Planning Commission submitted a written report advising that the City Manager received a written request from legal counsel representing certain property owners on July 14, 1995, requesting the City to relocate and adjust its corporate boundary at a specific location in the northeast section of the City; and Council adopted Ordinance No. 32891-050696, authorizing the Mayor to execute an agreement with Roanoke County to effect the proposed boundary line change. It was further advised that property located at 3605 Preakness Court (Lot 1) was one of the lots affected by the proposed change; in the lapse of time between Council's approval and the requesting parties efforts to get the matter before the Roanoke County Board of Supervisors, the property was sold; while the original owner of Lot 1 had no objection to the boundary change, the new owner of 3605 Preakness Court (Lot 1) strongly objected to the location of the boundary being proposed at that time; and the attorney for the requestors subsequently dropped the matter. It was explained that Kenneth H. Thomas and Kathy B. Kemp, owners of two of the affected properties (Lots 6 and 7), have requested that the City revise the proposed location of the boundary line 4O ACTION: adjustment in a manner that will allow the City/County agreement to move forward and the boundary line adjustment to be legally effected; and Roanoke County has been advised of this latest revision and has since advised City staff that it has no objection to the revised boundary location. The City Planning Commission recommended that Council approve the following actions: Repeal Ordinance No. 32891-050696 and adopt a new ordinance to provide for an adjustment of the City's corporate boundary line; Authorize the City Manager to take or cause to be taken, such actions as may be necessary to effect and prepare an official survey of said recommended boundary adjustments, at no cost to the City; Authorize the Mayor and the City Clerk, respectively, to execute and attest an agreement between the City of Roanoke and Roanoke County to relocate the subject boundary lines in accordance with the boundaries described and set forth in said official survey, such agreement to be approved as to form by the City Attorney; Authorize the City Attorney to participate in appropriate legal proceedings and to execute such pleadings and orders or decrees on behalf of the City which are approved as to form by him, upon the execution of said agreement, in accordance with the requirements of Section 15.2-3106, et. seq., of the Code of Virginia (1950), as amended; and Authorize the City Clerk to cause the description of such boundary line, as agreed upon, to be duly published as required by Section 15.2-3107 of the Code of Virginia (1950), as amended, at no cost to the City. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott moved that the following ordinance be placed upon its first reading: 41 (#33893) AN ORDINANCE repealing Ordinance No. 32891-050696, adopted May 6, 1996, and authorizing the Mayor to execute an Agreement between the County of Roanoke and the City of Roanoke relating to the boundary line between said governmental entities, and authorizing certain other actions relating to such boundary line adjustment. (For full text of Ordinance, see Ordinance Book No. 60, page 5.) The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Trout, White, Wyatt, Parrott, Swain and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Harris was absent.) OTHER HEARING OF CITIZENS: None. There being no further business, the Mayor declared the meeting adjourned at 7:25 p. m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 42 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 8, 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. DAB:se Sincerely, David A. Bowers Mayor 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 11, 1998 File #15-110-178 SANDRA H. EAKIN Deputy City Clerk Fred A. Johnson, II, Secretary City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Johnson: This is to advise you that on September 2, 1998, Willis M. Anderson qualified as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a term ending August 31, 2002. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk H:~AGEN~.WPO 'gB SE?-2 A8:38 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Willis M. Anderson, 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 thi~'~d~ ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK C:~AUG17C.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 11, 1998 File #15-32-110 Mr. Harry F. Collins, Sr., Chair Building Code Appeals Board, Volume I Building Construction Division 6603 Northway Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Collins: This is to advise you that on August 24, 1998, Barry W. Baird qualified as a member of the Building Code Appeals Board, Volume I, Building Construction Division, for a term ending September 30, 2002. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Patti Hanes, Secretary, Building Code Appeals Board, Volume I, Building Construction Division Sandra H. Eakin, Deputy City Clerk H:~GEN~¥o. WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barry W. Baird, do solemnly swear (or affirm) that I will support the Constitution of the United States of Amedca 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 Building Code Appeals Board, Volume I, Building Construction Division for a term ending September 30, 2002, according to the best of my ability. So help me God. / Subscribed and sworn to before me this~&~y ~(~-."~9~. ARTHUR B. CRUSH, III, CLERK H:~AGENDAgS~AUG3.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 11, 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 August 28, 1998, Michael Brennan qualified as a member of the Roanoke Arts Commission for a term ending June 30, 1999. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Lanell Otey, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk H :~,G EN DAg6~SEPT6.WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Brennan, do solemnly swear (or affirm) that I will support the Constitution of the United States 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, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me t~._~ay ~~ .~96. ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK H:~AGENDA~OATHS.WPO MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 11, 1998 File #15-110-318 Glenn D. Radcliffe, Chair Human Services Committee Roanoke, Virginia Dear Mr. Radcliffe: This is to advise you that on August 24, 1998, and September 2, 1998, respectively, Bernice F. Jones and Evelyn F. Board qualified as members of the Human Services Committee for terms ending June 30, 1999. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Glenna O. Ratcliffe, Secretary, Human Services Committee Sandra H. Eakin, Deputy City Clerk '98 ~,!JG 24 P3:02 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Evelyn F. Board, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term ending June 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this~d~ay of~~~1998. ARTHUR B. CRUSH, IIIfLERK H:~AG ENDA98~JULY6.WPD RECEi~¥~EC~ I I '~8 $~p-2 k'3:35 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Bemice F. Jones, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term ending June 30, 1999, according to the best of my ability. So help me God. Subscribed and s rn to before me this__ day 1998. ARTHUR B. CRUSH, III, CLERK H:~,G EN DA98~J U LY6.W PD 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 11, 1998 File #15-110-178 SANDRA H. EAKIN Deputy City Clerk G. David Nixon, Chair Fair Housing Board 920 Welton Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Nixon: This is to advise you that on August 17, 1998, Nancy F. Canova qualified as a member of the Fair Housing Board for a term ending March 31, 2001. Sincerely, Mary F. Parker, CMCIAAE City C~erk MFP:Io pc: Delores C. Daniels, Secretary, Fair Housing Board Sandra H. Eakin, Deputy City Clerk H:~AGENOAg~I~' ~ ~.~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit:~.~ I, Nancy F. Canova, 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 Fair Housing Board for a term ending March 31, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ,/~ day of .j~37/- 1998. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK H:~AGENDA98~AUG3,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 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 11, 1998 File #15-110-394 Frances L. Keen, Vice-Chair Cultural Services Committee 1226 Rugby Blvd., N. W. Roanoke, Virginia 24017 Dear Ms. Keen: This is to advise you that on August 24, 1998, August 28, 1998, and August 31, 1998, respectively, William L. Lee, Michael Brennan and Frank Eastbum qualified as members of the Cultural Services Committee for terms ending June 30, 1999. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Glenna O. Ratcliffe, Secretary, Cultural Services Committee Sandra H. Eakin, Deputy City Clerk au~, 24 P3:58 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William L. Lee, 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 ,~ day of ~ 1998. ARTHUR B. CRUSH, III, CLERK f N:~CKLO1 ~AGENDAg~JUNE15.WPD · 98 ~lJ!~ 28 P3:39 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Michael Brennan, 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~ clay 98. ARTHUR B. CRUSH, III, CLERK B~o .... ' ~""'-) EPUTY CLERK H:~AGENDA98WUG3,WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Frank Eastbum, 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 thi~).~da~~: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, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 11, 1998 File #15-110-323 Dennis Frye, Chair Roanoke Public Library Board Roanoke, Virginia Dear Mr. Frye: This is to advise you that on August 13, 1998, Edward F. Lovell qualified as a member of the Roanoke Public Library Board for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc; Beverly A. James, Secretary, Roanoke Public Library Board Sandra H. Eakin, Deputy City Clerk '98 ~!.lEi 14 P, 9:24 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Edward F. Lovell, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this /_~ day of,~~1998. ART~J.,R B. CRU~,H, III, CLERK , DEPUTY CLERK H:~,GENDAOS~AUG3.WI:~ 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 11, 1998 File #15-110-467 Dr. Charles L. Downs, Executive Secretary Virginia Western Community College Board P. O. Box 14007 Roanoke, Virginia 24038-4007 Dear Dr. Downs: This is to advise you that on August 24, 1998, Margaret M. Grayson qualified as a member of the Virginia Western Community College Board for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Sandra H. Eakin, Deputy City Clerk H:~AGENDAgg~SF. laq~.WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Margaret M. Grayson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Virginia Western Community College Board for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~/ day of ~ '~.~/~_ ~_ _~7~ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AGENDA98~JULY6.WPD WILBURN C. DIBLING, JR. CITY ATI'ORNEY ROANQ,~!~ ~:c CITY OF OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDINqcii:1 215 CHURCH AVENUE, SW~U ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 54~853-2431 FACSIMILE: 5~-853-1221 E-MAIL:cityatty ~ci.roanoke.va.us September 8, 1998 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATYORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Council Members: This is to request an Executive Session pursuant to §2.1-344.A.7., Code of Virginia (1950), as mended, to discuss a matter of actual litigation, specifically to consider an appeal of a matter recently decided in the Circuit Court for the City of Roanoke. With kindest personal regards, I am Sincerely yours, City Attorney WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk H: \COUNCIL\L-I~XLI. 3 JAMES D. GRISSO Director of Finance September 8, 1998 CITY OF ROANOKE DEPARTMENT OF FINANCI~ 215 Church Avenue, S~W., Room 461 R O. Box 1220 '9~3 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 -2 P 4:03 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Re: $10.00 Employer Matching Contributibn to ICMA-RC Dear Mayor Bowers and Members .of Council: City Council adopted Resolution No. 33829-051198 authorizing an increase in the matching contribution to the ICMA-RC Deferred Compensation Plan for any non- temporary classified employee of the City who contributes $5 or more per payday. Below are statistics that show participation in the Deferred Compensation Plan by salary range before and after the increase of the matching contribution: Total Number Total Number Percentage Total Number Total Number Percentage of of of of of of Salary Employees Participants Participants Employees Participants Participants Range 4/29/98 4/29/98 4/29/98 8/19/98 8/19/98 8/19/98 $10,000 to $20,000 302 157 52.0% 258 152 58.996 $20.000 to $30.000 914 551 60.396 847 557 65.8% $30.000 to $40.000 554 387 69.9% 579 434 75.0% $40.000 to $50.000 132 103 78.0% 197 159 80.796 $50,000 to $60.000 36 32 88.9% 46 40 87.0% $60.000 and above 39 32 82.1% 44 37 84.1% 1.977 1.262 63.896 1.971 1.379 70.0% We knew the additional $5 contribution by the City could not double participation as the initial implementation of the program did, but the above statistics show a positive impact on new enrollments. Current eligible employees not yet participating may enroll anytime in the future. This report is to provide City Council with employee participation in the deferred compensation matching program and is for informational purposes only. Honorable Mayor and Members of City Council September 8, 1998 Page 2 J//a~es D. _Grisso D~ector of Finance JDG/JS:s C: W. Robert Herbert, City Manager Kenneth S. Cronin, Manager, Personnel Management Joyce Sparks, Retirement Administrator VIRGINIA AMATEUR SPORTS, INC. PRESENTING SPONSORS Virginia's 13 ABC CMT Sporting Goods PREMIER SPONSORS WYYD Radio PLATINUM SPONSORS Valleydale Barrows DIAMOND SPONSORS Tanglewood Mall Magic City Ford Carilion Health System Grand Piano and Furniture GOLD MEDAL SPONSORS Kroger Food & Drug Holiday Inn Tang ewood BB&T Coca Cola SILVER MEDAL SPONSORS AEP Old Country Buffet First Team Auto Mall Maid Bess Corporation GTE Mobilnet Radford University BRONZE MEDAL SPONSORS Frito Lay Voice-Tel MW Windows Roanoke Electric Steel Mountain Springs Water Roanoke Fruit & Produce Bank of Fincasfle Gentry, Locke, Rakes & Moore Delta Dental Plan of Virginia Save-X Mini Marts Liberty Mutual SPONSOR OF 711 C 5th Street, NE ~ECE!'~/£C Roanoke, Virginia 24016 (540) 343-0987 FAX (540) 343-7407 '98 /~LI~ 28 w~.~'~mmonwealthgames.org Ms. Mary Parker 215 Church Avenue Room 456 Roanoke, Virginia 24011 Dear Ms. Parker, Virginia Amateur Sports would like to have the opportunity to say thank you to the city of Roanoke for their outstanding support of the 1998 Commonwealth Games of Virginia at your city council meeting scheduled for Tuesday, September 8, 1998. My presentation will take approximately 5 - 10 minutes. I would also like to present a plaque which I will bring with me recognizing the City of Roanoke as a Presenting Sponsor of the 98 Commonwealth Games of Virginia. Please accept my thank you in advance for giving me this opportunity. Sincerely, Virginia Amateur Sports Peter Lampman President PROMOTING SPORTS IN THE OLYMPIC IDEAL Sanctlon~l by the National ~ of Stat~ ~ee and recognized by Ih® United State,, Olympic Committee TO: FROM: DATE: SUBJECT: City Clerk Evelyn Wheeler & Ron Mathews September 1, 1998 Presentation before City Council - Policies & Procedures '98 SE?-1 P4:44 Please accept this request to speak before City Council on September 8, 1998 at the 2:00 session Mary F, Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #79-165 ~ndra H. Eakin D~puty city c~rk W. Robert Herbert City Manager Roanoke, Virginia Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of a communication from Estelle H. McCadden, President, Melrose/Rugby Neighborhood Forum, Inc., 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 1730 Orange Avenue, N. W., which communication was before the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. On motion, duly seconded and unanimously adopted, the communication was referred to you for study, report and recommendation to Council. Sincerely, ~ Mary F. P~a er, CMCIAAE City Clerk MFP:Io Attachment pc: Estelle H. McCadden, President, Melrose/Rugby Neighborhood Forum, Inc., 2128 Mercer Avenue, N. W., Roanoke, Virginia 24017 H:~AGENDA~6~EPT~W~O VIRGINIA '98 A!!!i21 M024 IN THE COUNCIL OF THE CITY OF ROANOKE 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, Melrose/Rugby Neighborhood Forum, Inc., 1730 Orange Avenue,Roanoke, Virginia 24017, a Virginia, non-stock, not-for-profit corporation, is the owner of the property at 1730 Orange Avenue, in the City of Roanoke,Virginia. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the 1950 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 needs of working families, be exempt from taxation under the provisions of Article X, Section (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 your 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 is applicable to this real estate, were our organization not be tax exempt, for so long as this exemption continues. 4. Your Petitioner respectfully request 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, al~er holding a public hearing with the 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 the General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the following questions are submitted for consideration: 1. Whether the organization is exempt from tax pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. (A) Your Petitioner is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverage 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 for use on referenced property. 3. 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 salaries or compensation for personal services rendered. 4. 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 of local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution 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 donations and contributions. 5. whether the organization provides for the common good of the public. (A) Your Petitioner provides services for the common good of the public in as much as it provides community services for area in which located. 6. 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. 7. No, role, regulation, policy or 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 race, religious conviction, color, sex or national origin. 8. 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. 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner provides the community with vital services such as crime prevention, revitalization of neighborhood, and programs that benefit the aged. Therefore, your Petitioner, Millrace/Rugby Neighborhood Forum, Inc., respectfully requests to the Council of the City of Reannex. 1. That a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating 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 fi:om taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opporttmity to be heard. 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 fi.om taxation so long as your Petitioner is operated not-for-profit and the property so exempted is used for particular purposes of providing services to community. Respectfully Submitted this 19th day of August, 1998. Millrace/Rugby Neighborhood Forum, Inc. By: Mrs. Estelle H. McCadden, President Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #53-60-467 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Vir~nia Dear Mr. Herbert: I am attaching copy of Resolution No. 33994-090898 authorizin8 the City Manager to file an application with the Virs/nia Public School Authority seeking bond financing, in an amount not to exceed $5,000,000.00, to finance certain capital improvements in connection with Lucy Addison Middle School, previously approved bythe Council of the City of Roanoke at its December 15, 1997, meeting. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk lVll~:lo Attachment pc'. Marsha W. Ellison, Chair, Roanoke City School Board, 2130 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools James D. C-risso, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 1998. No. 33994-090898. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking bond fimmcing in an amount not to exceed $5,000,000.00 to finance certain capital improvements in connection with Lucy Addison Middle School, previously approved by the Council at its December 15, 1997, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for bond financin$ in an amount not to exceed $5,000,000.00 (the "Bonds") to finance certain capital improvements for Lucy Addison Middle School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 7, 1998. The foregoin$ resolution was adopted by the following recorded vote: David A. Bowers, Mayor C. Nelson Harris, V~ May~ W. Alvin Hudson, Jr. Carroll E. Swain lames O. Trout William White, Sr. Linda F. Wyatt X X X X X NAY ATTEST: city >.~~ Marsha W. Ellison, Chairman Melinda J. Payne, Vice Chairman Charles W. Day //Roanoke City School Board F. B. Webster Day Sherman P. Lea Ruth C. Willson Brian J. Wishneff Dr. E. Wayne_ Harris, Superintendent Ci~d¥. ,H.~[~ of the~oard P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 August 18, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on August 1 7, 1998, the Board approved an application and a resolution for Roanoke City Public Schools to participate in the Fall 1998 Virginia Public School Authority (VPSA) Bond Issue. The proceeds of the bond issue will be used in lieu of the local capital bond funds for Lucy Addison Middle School. The local bond funds released by the use of the VPSA Bond Issue will then be used for elementary school additions. The School Board will pay the debt service on the VPSA Bond Issue. The use of the VPSA Bond Issue provides: * Capital funds for the project will be received in November 1998. The improvement in cash flow for our capital project fund will enable us to start the elementary addition and air conditioning replacement projects in the early summer of 1999. · The interest rate on VPSA bond issues has been very favorable with the Spring 1998 issue having a rate of 4.92%. Present interest rate conditions make the use of VPSA bonds an efficient debt instrument. · The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. · The first debt service amounting to approximately $500,000 will not be due until the 1999-2000 fiscal year and it will be paid from the 1999-2000 State construction grant which is anticipated to amount to about $.550,000. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue. Preparing Students for Success Members of Council Page 2 August 18, 1998 The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary documents required for participation in the bond issue. Sincerely, Cindy H. Lee Clerk of the Board re Enc. CC: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Ken F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Marsha W. Ellison, Chairman F.B. Webster Day Melinda J. Payne, Vice Chairman Sherman P. Lea Charles W. Day Ruth C. Willson Bdan J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Lee, Clerk of the Board City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 August 17, 1998 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (i) approves certain capital improvements for Lucy Addison Middle School to modernize electrical, plumbing, mechanical and structural components at an estimated cost of $10,685,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking school bond financing in an amount not to exceed $5,200,000, and (iii) requests that the City Council of the City of Roanoke, Virginia issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $5,200,000, for the purpose of financing a portion of the cost of the Project. 2) This resolution shall take effect immediately by the following recorded vote: Yea Nay Marsha W. Ellison, Chairman Melinda J. Payne, Vice-Chairman Charles W. Day F. B. Webster Day Sherman P. Lea Ruth C. Willson Brian J. Wishneff The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 17th day of August, 1998. WITNESS,~k my signature and seal of the School Board of the City of Roanoke, Virginia, this I '/ day of August, 1998. (SEAL) Clerk oard of City of Roanoke, Virginia Preparing Students for Success ATTACHMENT B LONG AND INTERMEDIATE-TERM FINANCING APPLICATION VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL FINANCING BONDS (1997 RESOLUTION) SERIES 1998 B GENERAL INFORMATION 1. Name of County/City: Roanoke City 2. Name and address of County Administrator/City Manager: Mr. 364 Municipal Building, Roanoke, VA 24011 Telephone: (540) 853-2333 Fax: (540) 853-1138 E-ma/I: W. Robert Herbert, City Manager 3. Name andaddress of SchoolSupefintendent: P. O. Box 13145, Roanoke, VA 24031 Telephone: (540) 853-2381 Fax: (540) 853-2951 E-ma/l: Dr. E. Wayne Harris Name of Principal Contact: (All further correspondence will be directed to this person unless noted) Richard L. Kelley, Assistant Superintendent for Operations Telephone: (540) Fax: (540) E-mail: 853-2276 853-1199 or (540) 853-2590 Ma/ling Address: Roanoke City Public Schools P. O. Box 13145 Roanoke, VA 24031 Hand De~ve~yAdd~ess: Roanoke City Public Schools 40 Douglass Avenue, N. W. .... Roanoke, VA 24012 5. Bond Cotmsel: (firm, a~omey, addr~ss, ~lephone, fax&E-mail:) Woods, Rogers & Hazlegrove, P.L.C. Mr Ge r Clemo 10'S. ~e~erson Street, Suite 1400. Roanoke, VA 24011 Phone: (540) 983-7600 '.Fax: (540) 983-7711 Note: Loc~ities are required to take ~1 action necessary to procure ~¢ ~ervices of qualified Bond Counsel prior m the submission of this application. 1 PROJECT INFORMATION TH~ FOLLOWING SECTION OF THE APPLICATION IS RESERVED FOR STANDARD REQUESTS FOR FINANCINGS AMORTIZED FROM TEN TO TWENTY YEARS. I. Requests for Long-Term Project FinancinR (See page 4 for Intermediate-Te,tu Financing) Section A - Project Description Bdefly descHbethe Project(s)and ~dicate whetherthe Projec~s)willbesu~ecttoanyleases or managementorservicecontracts:(aseparate page may beused). Lucy Addison Middle School - Reconstruction of a middle school to modernize electricity, plumbing, mechanical, and structural components. The project wi11 not be subject to lease or management contract. 2. Total Expected Costs: $10,691,000 3. Cost by Project(s) and Phase: (separate page may be used) Estimated Project(s) Estimated Estimated Completion Phase Cost, Useful Life Date Plan Development $385,000 50 Years June, 1998 Project Construction $10,300,000 August, 1999 Application Costs $6,000 November, 1998 4. Amount of VPSA financing applied for:. $' f, 000,000 Note: The VPSA can only purchase local school bonds in whole multiples of !;5,000. If your actual cost is not a whole multiple of $5,000, please revise that amount up or down, (e.g., actual amount $5,032,600 should be revised to either $5,035,000 or S5,030,000). Do not request a greater dollar amount than you will rra~nably expect to be able to spend. Minimum proceeds rotuired, if applicable: $ 5,000,000 Note: In order to meet requests for a minimum amount of proceeds, such as in connection with the refunding of a prior obligation, it will be necessary to have sufficiently broad bond issuance authority to accommodate possible adju~iments needed in the par amount of local school bonds issued at the time of the VPSA bond sale. Documents should be prepared accordingly. 5. Has the County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)? (Indicate whether loan was for the entire cost) X yes no Loan was for $5,000,000 of the total cost , // -If yes, please list amount applied for and date of application. Amount: $ 5,000,000 Date: January, 1998 Date of Approval fi-om Board of Education if Literary Funds are expected: Date: June, 1998 Note: If funds are borrowed from the VPSA in lieu of receiv/ng a Literary Fund loan, the locality will be removed from the Literary Fund waiting list for this Project. This does not apply if a locality permanently funds a portion of thc Project with VPSA bonds and funds the remainder with a Literary Fund loan. In any event, future Literary Fund loans may not be used to redeem bonds sold to the VPSA. 6. Other Funding Sources: Local Capital Bond Issue - $6~5,000 General Fund Operating Budget - $6,000 Section B - Project Status What is the status of planning, design and construction for the Project(s)? Answer the following questions for the Project(s): (a separate page may be used). 1. Have the final plans and specifications, architect's or engineer's statement and the division superintendenfs approval been submitted to the Superintendent of Public .Instruction (as required by 022.1-140 of the Code of Virginia)? X yes __ no What is the bid date for the Project(s): Ma_v. 1998 3. 4. 5. Estimated Cons=uction Start Date: Jul y, 1998 Estimated Co~tion Completion Date: Auc)ust. 1999 Has any money been expended on the Project(s)? X yes no Ifyes,~dica~(Othesource ofsuchmoney(~)thedate(s)ofexpenditureofsuchmon~y, and (iH)thetype~fexpenditure~(Seeque~ti~n~4and5~n~age6~under``Pr~jectAuth~dzati~W~ $369,790 was expended for architectural and engineering services during the period from July l, 1997 through August lO, lggB. The expenditures were funded from a 1997 local capital bond issue and no reimbursement will be made from the proposed VPSA bond. 6. Has the Project(s) been completed? __ yes X no Section C- Fina~_cing Requested Amortization Schedule Preferred: Principal is expected to be paid in annual installments starting on July 15, 1999. For loans other than subsidy loans, the Authority may consider permitting the use of amortization schedules other than level principal and will consider amortization periods of less than twenty years. To request an alternative amortization schedule ~'or such loans, please indicate your preference on the application. Preferred Amortization Period: 15 years 16 years 17 years 18 years 19 years 20 years Preferred Principal Smacture: Level Principal × Level Debt Service Other (Explain) THE FOLLOWING SECTION OF THE APPLICATION IS RESERVED FOR REQUESTS FOR FINANCING EQUIPMENT OR OTHER PROJECTS AMORTIZED OVER A PERIOD LESS THAN TEN YEARS. II. Requests For Intermediate-Term Finaneimt (See page 2 for Long-Term Financing) Section/1 - Project Description 1. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or management or service contracts: (a separate page may be used). 2. Total Expected Costs: 4 o Cost By Pr0je~t(s) and Phase (Construction or Equipment Acquisition Schedule) (separate page may be used) Estimated Project(s) Estimated Estimated Completion Phase Cost Useful Life ,.Date 4. Amount of VPSA Financing applied for: $ Note: The VPSA can only purchase local school bonds in whole multiples of $5,000. If your actual cost is not a whole multiple of $5,000, please revise that amount up or down, (e.g., actual amount $5,032,600 should be revised to either $5,035,000 or $5,030,000). Do not request a greater dollar amount than you will reasonably expect to be able to spend. Minimum proceeds required, if applicable: $ Note: In order to meet requests for a minimum amount of proceeds, such as in connection with the refunding ora prior obligation, it will be necessary to have sufficiently broad bond issuance authority to accommodate possible adjustments needed in the par amount of local school bonds issued at the time of the VPSA bond sale. Documents should be prepared accordingly. 5. Has the County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)? (Indicate whether loan was for the entire cost) no If yes, please list amount applied for and date of application., Amount: $ Date: Date of Approval from Board of Education il'Literary Funds are expected: Date: Note: If funds ar~ borrowed from the VPSA in lieu of receiving a Literary Fund loan. the locality will be removed from the Literary Fund waiting list for this Project. This does not apply if a locality permanently funds a portion of the Project with VPSA bonds and funds the remainder with a Literary Fund loan. In any event, future Literary Fund loans may not be used to redeem bonds sold to the VPSA. 6. Other Funding Sources: Section B - Project Status · What is the status of planning, Equipment? design and construction or acquisition for the Project(s) or * Answer the following questions for the Project(s): 1. Estimated Start Date: 2. Estimated Completion Date: 3. Has any money been expended on the Project(s)? yes no If yes, indicate (i) the source of such money (ii) the date(s) of expenditure of such money, and (iii) the type of expenditure. (See questions 4 and 5, on page 6, under "Project Authorization") 4. Has the Project(s) been completed? ~ yes ~ no · Answer the following questions for the Project(s) (if applicable): 5. For Projects, have the final plans and specifications, architect's or engineer's statement and the division superintendenfs approval been submitted to the Superintendent of Public Instruction (as required by §22.1-140 of the Code of Virninia)? yes ~ no 6. What is the bid date(s) for the Project(s): Section C- Financing Requested Amortization Schedule Preferred: (Debt Service (principal ~d interest) is expected to be paid with semi-annual payments starting on July 15, 1999.) 5 years 10 years 6 PLEASE COMPLETE EACH OF THE FOLLOWING QUESTIONS: III. Project Authorization 1. Have your Boards approved the Project(s) and authorized this needed financing? Approved by School Board .A~oPrOved by County Board/City Council* X be approved at September 8 meeting NOTE: Please enclose certified copies of resolutions. 2. Were these bonds or Projects the subject of a referendum? If yes, did the referendum pass? Date of referendum: November 4, 1997 3. Person(s) responsible for disbursing and investing bond proceeds. Name: Mr. James Grisso Address: 460 Municipal Building, Telephone: (540) 853-2822 Fax: (540) 853-2940 application to VPSA for the yes __no yes no yes no yes no Roanoke, VA 24011 Will bond proceeds from this sale be used to repay a Bond Anticipation Note, Certificate of Participation or other form of interim/temporary financing (the "Prior Obligation")? yes X no If Yes, please provide the following terms of the Prior Obligation: (i) · Name and Amount of Prior Obligation (ii) Date of Issue of Prior Obligation (iii) Redemption Provisions (iv) Amount of Prior Obligation to be Refunded with VPSA bond proceeds (v) Baiance~emaining (vi) Date of Refunding (a) Were the proceeds of the Prior Obligation used to reimburse yourself for expenses paid before the Prior Obligation was obtained? yes no (b) Will bond proceeds from this sale be used to reimbume you for prior expenditures? yes no If the answer to 5(a) or 5(b) is Yes, please attach a copy of your reimbursement resolution. Have you executed any undertzking in regards to continuing disclosure not associated with the VPSA? × yes no If Yes, please include copies of any such undertakings. (attached as fo 11 ows) Continuing Disclosure Agreement -- 12/21/95 Continuing Disclosure Certificate -- 2/1/96 Continuing Disclosure Agreement -- ll/14/96 BY SIGNING THIS APPLICATION, THE LOCAL OFFICIALS ACKNOWLEDGE THAT IF FIYNDS ARE BORRO~fED FROM THE VPSA TO FUND A PROJECT IN LIEU OF RECEIVING A LITERARY FUND LOAN, THE LOCALITY WILL BE REMOVED FROM THE LITERARY FUND WAITING LIST FOR TIHS PROJECT. THE LOCAL OFFICIALS ALSO ACKNOWLEDGE THAT FUTURE LITERARY FUND MONIES MAY NOT BE USED TO REDEEM BONDS SOLD TO THE VPSA. Signam~ requir~ (County Administrator/City Manager) (Superinten~r~t)- ~ ' THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WITH 1 COPY OF YOUR COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE LAST THREE FISCAL YEARS (JUNE 30, 199~ THROUGH JUNE 30, 1997) BY 5:00 PM ON SEPTEMBER 2, 1998 TO: 8 Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #53-60-467 Sandm H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33995-090898 authorizing the City Manager to file an application with the Virginia Public School Authority seeking interest rate subsidy bond financing, in an amount not to exceed $1,250,000.00, to finance certain capital improvements in connection with Huff Lane Elementary School, previously approved by the Council of the City of Roanoke at its September 22, 1997, meeting. The abowm~Smmced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk Ml~:lo pc' Marsha W. Ellisorg Chair, Roanoke City School Board, 2130 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools James D. Grisso, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 1998. No. 33995-090898. A RESOLUTION authorizing and directing the City Manager to file an application with the Virginia Public School Authority seeking interest rate subsidy bond financing in an amount not to exceed $1,250,000.00 to finance certain capital improvements in connection with Huff Lane Elementary School, previously approved by the Council at its September 22, 1997, meeting. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is hereby authorized and directed to file an application with the Virginia Public School Authority for interest rate subsidy bond financing in an amount not to exceed $1,250,000.00 (the ~Bonds") to finance certain capital improvements for HuffLane Elementary School. 2. The City Clerk is hereby authorized and directed to publish in accordance with applicable law a public notice of public hearing in connection with the proposed Bonds to be held on October 7, 1998. The foregoing resolution was adopted by the following recorded vote: David A. Bowers, Mayor C. Nelson Harris, Vice Mayor W. Alvin Hudson, Jr. Carroll E. Swain James O. Trout W'tlliam White, Sr. Linda F. Wyatt X X X X x X X NAY ATTEST: Marsha W. Ellison, Chairman F.B. Webster Day Melinda J. Payne, Vice Chairman Sherman P. Lea Charles W. Day Ruth C. Willson Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Loo,R,~~ ~e Board (:IT':; ~..L 7:.'~ ~' fRoanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 54e~ti[53-a~,1~u l~;J~ 1 9 P t :54~u August 18, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting on August 1 7, 1998, the Board approved an application and a resolution for Roanoke City Public Schools to participate in the Fall 1998 Virginia Public School Authority (VPSA) Interest Rate Subsidy Bond Issue. The proceeds of the bond issue will be used in lieu of the Literary Fund loan approved by the State for Huff Lane MicroVillage. The School Board will pay the debt service on the VPSA Interest Rate Subsidy Bond Issue. The use of the bond issue provides: Capital funds for the project will be received in November rather than the early Spring which will improve our cash flow for capital projects. The interest rate will be 4% --the same as the Literary Fund loan rate. The debt will not count against the $20 million Literary Fund loan debt ceiling for the locality. The first debt service will not be due until the 1999-2000 fiscal year. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue. Preparing Students for Success Members of Council Page 2 August 18, 1998 The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary documents required for participation in the bond issue. Sincerely, Cindy Iq. lee Clerk of the Board re Enc. CC: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Ken F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso '~~l Marsha W. Ellison, Chairman F.B. Webster Day Melinda J. Payne, Vice Chairman Sherman P. Lea , Chades W. Day Ruth C. Willson Brian J. Wishneff Dr. E. Wayne Hards, Superintendent Cindy H. Lee, Clerk of the Board City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951 August 1 7, 1998 RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED, 1) The School Board of the City of Roanoke, Virginia hereby (i) approves certain capital improvements for Huff Lane Elementary School to construct additional classrooms and make improvements to the heating system at an estimated cost not to exceed $1,485,000 (the "Project"), (ii) authorizes and approves the filing of an application to the Virginia Public School Authority ("VPSA") seeking interest rate subsidy bond financing in an amount not to exceed $1,312,500, and (iii) requests that the City Council of the City of Roanoke, Virginia issue its general obligation school bonds to be sold to VPSA in an aggregate principal amount not to exceed $1,312,500, for the purpose of financing a portion of the cost of the Project. 2) This resolution shall take effect immediately by the following recorded vote: Yea Nay Marsha W. Ellison, Chairman Melinda J. Payne, Vice-Chairman Charles W. Day F. B. Webster Day Sherman P. Lea Ruth C. Willson Brian J. Wishneff The undersigned Clerk of the School Board of the City of Roanoke, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the School Board held the 17th day of August, 1998. WITNESS, my signature and seal of the School Board of the City of Roanoke, Virginia, this I'~n'day of August, 1998. (SEAL) Clerk, Scho~jl Board of City of Roanoke, Virginia Preparing Students for Success ATTACHMENT A APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY 1998 INTEREST RATE SUBSIDY PROGRAM I. Name of County/City: Roanoke City Name and address of County Administrator/City Manager: Mr. W. Robert Herbert, City 364 Municipal Building, Roanoke, VA 24011 Telephone: (540) 853-2333 Fax: (540) 853-1138 E-mail: Name and address of School Superintendent: P. 0. Box 13145 Roanoke, VA 24031 Telephone: (540) 853-2381 Fax: (540) 853-2951 E-mail: Dr. E. Wayne Harris Name ofPdncip~ Contact:(Allfu~hercorrespondencewifl be directed toth~ person unless noted) Richard k. Kelley, Assistant Superintendent for Operations Telephone: (540) 853-2276 Fax: (540) 853-1199 or (540) 853-2590 E-m~l: Mailing Address: Roanoke City Public P. O. Box 13145 Roanoke, VA 24031 Hand Delivery Address: Roanoke City Public 40 Douglass Avenue, Roanoke, VA 24012 Bond Counsel: Schools SChools N. W. (firm, individuals, address, mlephone, fax&E-mail) Woods, Rogers & Hazlegrove, P.L.C. Mr. George Clemo First Union Tower, 10 S. Jefferson Street, Suite 1400, Roanoke, VA 24011 N Phone: (540) 983-7600. ~[:~1~ 983-7711 ore: Loc~tttesazereqtm~3to necessa~to procu~e~eservicesofqu~li5ed Bond Courmelpfiortothesubmissionofthisapplicafion. Manager Data on P~ject to be Hnanced (use separate sheets if needed): Briefly describe the Project(s) and indicate whether the Project(s) ~ll be subject to any leases or management or service contracts: (a separate page may be used). Huff Lane Elementary School - Improvements to an elementary school including a four (4) classroom addition, the replacement of the system's central heating, and the addition of an air-conditioning system. The project will not be subject to any lease or management contract. Literary Fund Loan Application Date: September, 1997 Literary Fund Loan Approval Date: March, 1998 Priority Number on Literary Fund Waiting List: 19 e. Total Expected Costs: S1,490,000 fi Cost by Project and Phase: (separate page may be used) Estimated Project(s) Estimated Estimated Completion Phase Cost Useful Life Date Plan Development $85,000 50 Years February, 1998 Project Construction S1,400,000 August, 1998 Application Costs $5,000 October, 1998 Amount ofVPSA Fma.ncing applied for (Approved Amount of Literary Fund Loan): $ 1,250.000 Note: The VPSA ~11 calculate the amount (size) of your bond and the amount (size) of the interest rate subsidy grant to be received from the Literary Fund. h. Other Funding Sources: A~proved Local Capital Bond Issue - $235,000 Ge.neral O~eratin$ Budget - $,5,000 ~ What i.s me status 6f 131arming, d/sign ma commuction ~or the Projec(?/am.vwer the t~ildv~4ng questions for the Project: a. Have the tim. al plans and specifications, architect's or engineers statement and the division superintendent's approval been submitted to the Superintendent of Public Imsm~tion (as required by §22.1-140 of the Code of Virginia)? X yes ~ no b. What is the bid date(s) for the Project(s): January 23, 1998 c. Estimated-Construction Stm't Date: March d. Estimated Construction Completion Dat~: Auqust 25, 1998 e. Has any money been expended on the Project? X yes no Ifyes, indicate (i)thesource ofsuchmoney (~)thedate(s)ofexpenditumofsuch money, and(iii)thetypeofexpenditure. (See questionsl2and 13) $84,367 has been expended on architectural services between October 1, 1997 and August 10, 1998. These expenditures were funded from the proceeds of a 1997 capital bond issue and will not be reimbursed from the proposed VPSA interest rate subsidy bond. $762,368 has been expended from March 3, 1998 through August 10, 1998 for construction of the project. That expenditure was funded from General Operating funds, pending reimbursement from the proceeds of the proposed VPSA interest rate subsidy bond. Has the Projectbeen completed? yes X no Amortization Schedule Preferred: (Principal is expected to be paid starting on July 15, 19990 Less than 15 years 15 years 16 years 17 years 18 years 19 years 20 years Have your Boards approved the Project(s) and authorized this application to VPSA for the needed financing? Approved by School Board X yes ~ Approved by County Board/City Council * X yes ~ · Resolution to be approved at September 8 meeting. NOTE: Plesse enclose certified copies of resolutions. no no 10. Were these bonds or Projects the subject of a referendum? X yes no If yes, did the referendum pass? X yes ~ Date of referendum: November 4, 1997 no 11. Person(s) responsible for disbursing and investing bond proceeds. 12. Name: Mr. James Grisso Address: 450 Municipal Building, Telephone: (540) 853-2822 Fax: (540) 853-2940 Roanoke, Va 24011 Will bond proceeds fi.om this sale be used to repay a Bond Anticipation Note, Certificate of Participation or other form of interim/temporary financing (the "Prior Obligation")? yes X no If Yes, please provide the following terms of the Prior Obligation: (i) Name and Amount of Prior Obligation (ii) Date of Issue of Prior Obligation (iii) Redemption Provisions (iv) Amount of Prior Obligation to be Refunded with VPSA bond proceeds (v) Balance Remaining (vi) Date of Refunding 13. (a) Were the proceeds of the Prior Obligation used to reimburse yourself for expenses paid before the Prior Obligation was obtained? yes × no (b) Will bond proceeds from this sale be used to reimburse you for prior expenditures? X yes ~no If the answer to 13(a) or 13(b) b Yes, please attach a copy of your reimbursement resolution. 14. Have you executed any undertaking in regards to continuing disclosure not associated with the VPSA? X yes ~no Copies of following attached: If Yes, please include copies of any such undertakings. Continuing Disclosure Agreement-12/21/95 Continuino Disclosure Certificate-2/1/96 Continuing Disclosure Agreement-Il/14/96 NOTE: SUBMISSION OF THIS APPLICATION DOES NOT GUARANTEE PARTICIPATION IN THE SUBSIDY SALE. PARTICIPATION WILL BE BASED ON A LOCALITIES' PRIORITY POSITION ON THE LITERARY FUND FIRST PRIORITY WAITING LIST AND IS SUBJECT TO THE AVAILABILITY OF FUNDS FOR THIS PURPOSE. LOCALITIES WILL BE NOTIFIED AS SOON AS POSSIBLE AFTER OCTOBER 5, 1998 AS TO WHETHER THEY MAY RECEIVE FUNDING IN 1998. THE DEPARTMENT OF EDUCATION AND THE VPSA WILL USE THEIR BEST EFFORTS TO INCLUDE ALL LOCALITIES WISHING TO PARTICIPATE. BY SIGNING THIS APPLICATION, THE LOCAL OFFICIALS ACKNOWLEDGE THAT IF FUNDS ARE BORROWED FROM THE VPSA TO FUND A PROJECT IN LIEU OF RECEIVING A LITERARY FUND LOAN, THE LOCALITY WILL BE REMOVED FROM THE LITERARY FUND WAITING LIST FOR THIS PROJECT. THE LOCAL OFFICIALS ALSO ACKNOWLEDGE THAT FIYFURE LITERARY FUND MONIES MAY NOT BE USED TO REDEEM BONDS SOLD TO THE VPSA. Signature required (County Administrator/City. Manager) (Superintend~t) - THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WITH 1 COPY OF YOUR c~MPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR -TILE LAST THREE FISCAL YEARS (JUNE 30, 199~ THROUGH JUNE 30, 1997) BY PM ON SEPTEMBER 2, 1998 TO: Richard A. Davis, Debt Manager Depaxi~nent of the Treasury Commonwealth of Virginia By Deli'very to: 101 North 14th St., 3rd Floor Richmond, Virginia 23219 By U.S. Mail to: P.O. Box 1879 Richmond, VA 23218-1879 LOCALITIES NOT RETURNING THIS FORM WILL NOT BE INCLUDED IN TI-IE SUBSIDY SALE. 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 12, 1998 File ~60-467 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. 33996-090898 amending and reordaining certain sections of the 1998-99 School Fund Appropriations, providing for appropriation of $21,870.00 for the Special Education Interpreter Training Program, $256,296.00 for Project YES (Youth Experiencing Success Program), and $10,000.00 for the Southern Regional Education Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 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 8th day of September, 1998. No. 33996-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Education Special Education Interpreter Training 98-99 (1-5) ................. Project YES 98-99 (6-11 ) .................................... Southern Regional Education Program 98-99 (12-13) .............. $31,177,359 21,870 256,296 10,000 Revenue Education Special Education Interpreter Training 98-99 (14) ................. Project YES 98-99 (15) ...................................... Southern Regional Education Program 98-99 (16) ................. $31,177,359 21,870 256,296 10,000 1 ) Supplements 2) Social Security 3) Professional Health Services 4) Tuition - Private Schools 5) Educational and Recreational Supplies 6) Compensation of Counselors 7) Social Security (030-060-6551-6174-0129) (030-060-6551-6174-0201) (030-060-6551-6174-0311) (030-060-6551-6174-0312) (030-060-6551-6174-0614) (030-060-6984-6315-0123) (030-060-6984-6315-0201 ) $ 360 28 4,150 17,000 332 200,640 15,349 8) Retirement - VRS 9) Health Insurance 10) Mileage 11) Educational Supplies 12) Supplements 13) Social Security 14) Federal Grant Receipts 15) State Grant Receipts 16) Outside Third Parties (030-060-6984-6315-0202) (030-060-6984-6315-0204) (030-060-6984-6315-0551 ) (030-060-6984-6315-0614) (030-060-6985-6114-0129) (030-060-6985-6114-0201 ) (030-060-6551-1102) (030-060-6984-1100) (030-060-6985-1104) 27,066 10,913 2,000 328 9,289 711 21,870 256,296 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY O? ROANOKE. VIRUINIA September 8, 1998 Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECt. School Board Request for the Appropriation of School Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $21,870 for the 1998-99 Special Education Interpreter Training program to provide funds for the development of training curriculum for the hearing impaired program. The continuing program will be reimbursed one hundred percent by federal funds. $256,296 for the Project Youth Experiencing Success (YES) program to identify, assess, evaluate, and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The continuing program will be reimbursed one hundred percent by state funds. $10,000 for the Southem Regional Education Program to provide leadership training for members of the Schools' top management team in order to assist the district in accomplishing its long-term educational goals. A contribution has been received for the continuing program. We recommend that you concur with this request of the School Board. JDG/DLG/pac Attachments c: Debbie Glossbrenner, Financial Systems Accountant Marsha W. Ellison, Chairman Melinda J. Payne, Vice Chairman ' Charles W. Day /Roanoke City School Board P.O. Box 13145, Flonnoke, Virginin 24031 F. B. Webster Day Sherman P. Lea Ruth C. Willson Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cir~y~+_f.i ~.Lee~ Clerk of the Board · 540-853-2381 August 18, 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 August 17 meeting, the School Board requests the following appropriations: $21,870.00 for the Special Education Interpreter Training program to provide funds for the development of training curriculum for the hearing impaired program. The continuing program will be reimbursed one hundred percent by federal funds. $256,296.00 for the Project YES (Youth Experiencing Success) program to identify, assess, evaluate, and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The continuing program will be reimbursed one hundred percent by state funds. $10,000.00 for the Southern Regional Education Program to provide leadership training to members of the City Schools' top management team in order to assist the district in accomplishing its long-term educational goals. A contribution has been received for the continuing program. The Board appreciates the approval of these requests. Sincerely, Cindy H. Lee, Clerk re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ann Allen (with accounting details) Preparing Students for Success CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y C~rk Sandm H. Eakin Deputy City Clerk September 12, 1998 File ~.467 Marsha W. Ellison, Chair Roanoke City School Board 2130 KnoHwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 8, 1998, Council Member Swain raised the following questions with regard to the request of the Roanoke City School Board for a $10,000.00 appropriation for the Southern Regional Education Program: What is the composition of the City Schools' top management team? Will the long range education goals be publicized? Is $10,000.00 sufficient to cover the cost of the program? What is the proposed funding source if costs exceed the $10,000.00 appropriation? It was the consensus of Council that the questions would be referred to the Roanoke City School Board/School Administration for response within ten days. Sincerely, /-xx Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools September 8, 1998 Informational Repo.r¢8 q~o,,~ -3 ~ ~ :0~ Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 3 TINKER CREEK INTERCEPTOR SEWER REPLACEMENT INFORMATIONAL REPORT Background on the subject in chronological order is as follows: A. Tinker Creek Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities previously approved by City Council. B. The Tinker Creek Interceptor Sewer Re_~lacement Dro!ect replaces the existina interceptor sewer from the Water Pollution Control Plant tO Orange Avenue at 1 3th Street. II. Current situation is as follows: Ao Bryant Electric Company, Inc., of Archdale. North Carolina is the contractor for the project at an original contract amount of $5,596.895 and a _~ro!ect contingency of $600,000. A number of small items required changes to the 9rooosed design. These items included the use of precast concrete manholes, removal of several proposed manholes, repairs to existing manholes and sewers, relocation of existing storm drains and other miscellaneous changes. A detailed list of changes is included as Attachment A. A change order for the required additional work has been negotiated with the contractor resulting in a net credit in the amount of ~23,476.19. A reduction in actual contract quantities will also result in additional savings of approximately ¢225.000. D. The construction contract cost is summarized below: Construction Contract Change Order No. 1 Order No. 2 Proposed Change Order No. 3 5,596,895.00 6,630.20 33,074.80 23.476.19) Total $ 5.613.123.81 Honorable Mayor and Members of City Council CHANGE ORDER NO. 3 TINKER CREEK INTERCEPTOR SEWER REPLACEMENT September 8, 1998 Page 2 Total change orders to date including proposed Change Order No. 3 are 0.3% of the original contract value. This cost of the project is apportioned between the participating jurisdictions as follows: City of Roanoke Town of Vinton Botetourt County Roanoke County 45.9% 1.1% 20.1% 32.9% III. Action A. being taken: The Engineering Department has processed Change Order No. 3, in a form approved by the City Attorney, with Bryant Electric Company, Inc., in the net credit amount of (~23,476.19) and fifteen (15) additional calendar days of contract time. This is for Council's information. WRH/PCS/bs Attachments 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 the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue CHANGE ORDER NO. 3 Attachment A DATE: August 7, 1998 PROJECT: Tinker Creek Interceptor Replacement CONTRACTOR: Bryant Electric Company, Inc. P. O. Box 4819 Archdale, NC 27263 CONTRACT DATE: October 7, 1996 DESCRIPTION OF CHANGE ORDER: Substitution of PreCast Structures S-5 S-9 S-10 S-12 S-30 S-38 S-41 S-49 S-57 delete manhole S-41 delete 24 LF 36" storm drain delete S-28 & Bypass Pump delete S-32 & Bypass Pump Modify 8" sludge line at S-1 Repair ex. 36" sewer main Relay 30" storm drain at Dale Ave Repair Existing Manhole adjacent to Structure S-2 8" Decanter Line in Junction Box S-1 Invert Construction @ Junction Box S-2 Delay of Detector Tape Delay @ MH S57-1 Deletion of 12' Wide x 4" Thick Gravel Road Total $ (2,900.00) (1,300.00) (1,200.00) (3,000 00) (2,200 00) (4,100 00) (2,400 00) (1,100 00) (2,700 00) (8,100 00) (6,792 00) (19,004 00) (19,086 00) 1,357 73 4,389 59 4,793 56 3,100 90 117 68 36,481 00 (10,625 49) 23,499 14 (12,708 30) $(23,476 19) Original contract amount Contract amount adjusted for previous change order Net amount of this change order Contract amount after this change order Consecutive calendar day time extension required $5,596,895.00 5,636,600.00 (23,476.19) 5,613,123.81 15 days Acceptance of payment pursuant to this change order satisfies all claims by Contractor with respect to work represented by this change order. Mary F. Parker, CMCIAAE cay Cbrk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #21-60-221-266 5andra H. Eakin Depmy cay C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33999-090898 authorizing you to enter into a training agreement on behalf of the City of Roanoke with Cadlion Health System and the Fifth District Employment and Training Consortium, in connection with creating or relocating a minimum of 310 additional permanent full time job positions by Cadlion Health System in Roanoke City's Enterprise Zone One. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. /'~ ~ ~'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:~AGEN~.WPO W. Robert Herbert September 12, 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 INTHECOUNCILOFTHECITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33999-090898. A RESOLUTION authorizing the City Manager to enter into a Training Agreement on behalf of the City with Carilion Health System and the Fifth District Employment and Training Consortium. BE IT RESOLVED 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, an agreement dated September 1, 1998, between the City and Carilion Health System (Cadlion) and the Fifth District Employment and Training Consortium (FDETC) that will provide that Carilion will create or relocate from outside Enterprise Zone One to Enterprise Zone One a minimum of 310 additional positions by February 28, 1999, and that the City will provide the FDETC with up to $1,000 per qualifying position for training expenses incurred between January 1, 1999, and December 31,2001, with the maximum amount of training funds to be provided not to exceed $500,000, and furthermore that if the positions are not maintained for five years that Carilion will reimburse the FDETC and/or the City at the rate of $400 per position per year for each position not retained, not to exceed .the amount actually received by Carilion, and such other terms and conditions as are further set forth in the City Manager's report to this Council dated September 8, 1998. 2. The agreement with Carilion shall be substantially similar to the 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. Mary F. Parker, CMC/AAE c~, CITY OF ROANOKE Office of the City Clerk September 12, 1998 File ~21-60-221-266 Sandra H. Eakin Deputy c~ c~ W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33998-090898 amending the training incentive program established on March 14, 1994, for Enterprise Zone One. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. 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:~,GENOA06~.. ~ o. WPO W. Robert Herbert September 12, 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 IN THE COUNCIl, OF THE CITY OF ROANOKE, VIRGINI& The 8th day of September, 1998. No. 33998-090898. A RESOLUTION amending the training incentive program established on March 14, 1994, for Enterprise Zone One. WHEREAS, by Resolution Number 31907-031494, adopted on March 14, 1994, City Council established a training incentive program for Enterprise Zone One; and WHEREAS, by Resolution Number 33565-090297, adopted on September 2, 1997, the training incentive program for Enterprise Zone One was amended to include replacement positions when such replacement positions are equivalent to the original positions referred to in the training program; and WHEREAS, further clarification of the training incentive program has been requested. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: · The training incentive program established for Enterprise Zone One by Resolution No. 31907- 031494, adopted March 14, 1994, and amended by Resolution No. 33565-090297, adopted on September 2, 1997, is hereby amended to now provide that this Council endorses the following policy: (a) the City may provide training incentive funds of up to $2,000 per new job position for companies or entities that create or relocate a minimum of 200 new or additional job positions in Enterprise Zone One from outside Enterprise Zone One within an eighteen month consecutive period, such period to be determined by the parties; (b) that funding for this training incentive program will be subject to the availability of funds, not to exceed a total of $500,000 per company or entity; (c) that eligible training expenses be incurred during a period to be determined by the parties, not to exceed five years; and (d) that these positions, or equivalent positions, must be maintained for a minimum of five years within Enterprise Zone One or the company or entity will reimburse the City or the Fii~h District Employment and Training Consortium (FDETC) at the rate of $400 per position per year for each position not retained for the entire five year period, but that such reimbursement amount would not exceed the amount actually received by the company or entity under the training incentive program, with the other terms of the agreement to be agreed upon by the company or entity and the City. ATTEST: City Clerk. Mary F. Parker, CMC/AAE cay C~rk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #21-60-221-266 Sandra H. Eakin Deputy c~y c~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33997-090898 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $310,000.00, in connection with creating or relocating a minimum of 310 additional permanent full time job positions by Carilion Health System in Roanoke City's Enterprise Zone One. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. /'"~~'~'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 W. Robert Herbert, City Manager James D. Grisso September 12, 1998 Page 2 pc: 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 1998. No. 33997-090898. 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: Ar)~3rooriations General Government $ 16,142,608 Carilion Training Incentive (1) .............................. 310,000 Fund Balance Reserved for Fund Balance - Unappropriated (2) ................ $ 3,297,876 1) Appropriated from General Revenue 2) Reserved for Fund Balance - Unappropriated (008-002-9699-9003) $ 310,000 (008-3325) (310,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 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 la,, 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 agreements 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 relocating 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 Jefferson Street. Carilion anticipates it will have between 390 and 440 new positions in Enterprise Zone One within 48 months. Carilion Health System plans to obtain parking permir~ for the number of new positions relocated to Enterprise Zone One in the Tower, Church Avenue, and Century Station parking garages. Carilion Health System officials have requested training assistance 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 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 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 Carilion 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 z140 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/l/on Health System. The purpose of this agreement is to provide parking for the relocated positions. Tf the positions are not maintained in Enterprise Zone One for five years, then Carilion 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 positions. The parking agreement will be substantially similar to the one attached to this report. III. ISSUES A. Economic development in Enterprise Zone One (downtown) Bi Timing C. Funding D. Revenue IV. ALTERNA'rIVES 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 during 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 City Manager to enter into a training agreement with Carillon 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, provided Carillon relocates 310 positions as set forth in II-A. The maximum amount to be provided would be $500,000. Further, if the positions 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 appropriate $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 parking agreement 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 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 both parties with payment schedules calculated substantially similar to the attached sheet, Payment $chedu/e of Car///on Nea/th System, provided Carillon maintains the positions in Enterprise Zone One. The parking agreement will be substantially similar to the one attached to this report. Economic development 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. 'l~ming 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 Schedule of Car~lion /Cea/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 Manager to enter into a training agreement with Carillon 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 appropriate $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 3anuary 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. Timing would be negatively impacted since Carilion Health System needs to move the positions immediately into Enterprise Zone One. Funding would not be affected. d. The increase in parking revenue would not be realized. V. RECOMMENDATION: It is recommended the City Council adopt Alternative A: A. 1. City Council amend the prior Resolution No. 31907-03149,I 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 during 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 $,100 per position, per year, for each position not retained. City Council authorize the City Manager to enter into a training 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, provided Carilion relocates 310 positions as set forth in TT-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 Carilion Health System would reimburse the funds at a rate of $,100 per position, per year, for each position not retained, not to exceed $500,000 or the amount actually received by Carillon, 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 City Council appropriate $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 parking agreement 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 after January 31, 1999, and a maximum of 4~,0 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 Schedule of Car~/~on I-lea/th System provided Carilion maintains the positions in Enterprise Zone One. The parking agreement will be substantially 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. Grisso, Director of Finance Kit B. Kiser, Utilities and Operations Vickie L. Price, Fifth District Employment and Training Consortium James D. Ritchie, Assistant City Manager David Morgan, Valley Metro General Manager Matt Wynn, c/o Market Square Garage COPY AGREEMENT THIS AGREEMENT 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 Virginia, hereinafter referred to as the "City," the FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTKJM, a governmental agency created by the acts of the Cities of Clii~on Forge, Covington, Salem and Roanoke and the Counties of Alleghany, Botetourt, Craig and Roanoke, hereinafter referred to as "FDETC," and CARILION HEALTH SYSTEM, a nonprofit Virginia corporation, hereinafter referred to as "Carilion." WITNESETH: WHEREAS, Carilion or its subsidiaries have agreed to create or relocate a minimum of 310 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 WItEREAS, the City desires to make funds available to FDETC for the purpose of training the individuals selected to fill those positions. NOW, THEREFORE, the parties mutually agree as follows: SECTION 1. Definitionl~, For the purpose of this Agreement, the following words and phrases shall have the following meanings unless otherwise indicated: (a) The term "base period stafflevel" shall mean the number of permanently qualified positions Carilion 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 Carilion Health System owns or controls more than 50%). (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 "qualifying or qualified position" shall 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) 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 Ofli~ of Economic Development. SECTION 2. Creation or Relocation of Oualif,/ina Position_~-_ 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 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 February 28, 2004. Should Caxilion 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 of the terms of this Agreement, then this Agreement may be terminated by 2 the FDETC or the City and Carilion will also comply with the repayment obligations to the FDETC and/or the City a~ set forth in this Agreement. SECTION 3. Trainin_n Fund~ and Base Period St~ff Levd. The City shall donate to FDETC up to $1,000 per employee for training funds for each qualifying position created or relocated from outside Roanoke's Enterprise Zone One by Carilion during the six-month period beginning September 1, 1998~ 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 existin8 positions prior to September 1, 1998, in Roanoke's Enterprise Zone One. No funds shall be donated until the FDETC receives verification that a minimum of 310 additional qualifying positions have been created or relocated in Roanoke's Enterprise Zone One after September 1, 1998. Thereafter, funds will be disbursed monthly upon receipt of a disbursement request and appropriate verification by Carilion to the FDETC, and shah include sufficient documentation for allowable amounts expended or incurred by Carilion, but such funds shall only be 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. Maintenance of Positions/Re_oort R~_uirements/Re0avment and l~te Fees. Carilion agrees that the net ~ 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 sain" for the purposes of this Agreement shall be the current number of qualifying positions located in Roanoke's Enterprise Zone One on March 1, 1999, less the base period stafflevel, but which in no event shall be a number less that 310. On March 1 of each year, besinnin8 on March 1, 1999, throush March 1, 2004, Carilion will report to the FDETC the net gain in qualififing positions. On April 1, 2000, and each subsequent year thereafter, through April 1, 2004, Carilion will repay to the FDETC $400.00 per position per year for each decrease in the net gain in qualifying positions from March 1, 1999. (By way of example only, if on March 1, 1999, Carilion had a total of 500 qualifying positions in Roanoke's Enterprise Zone One and the base period stafflevel on August 31, 1998, was 190, then the net gain in qualifying positions for March 1, 1999, would be 310. If on March 1, 2000, Carilion had only a total 475 qualifying 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 amoum of $400 times 25 to equal $10,000 and would have to repay that amount to the FI)ETC by April 1, 2000, to avoid interest charges.) Should the FDETC receive payment of any amounts due after April 1 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 qualifying positions which do not reduce the net gain to below 310 shall not'require repayment for such decreases. In no event shall the total repayment to the FDETC exceed the total amount received by Carillon under this Agreement. Upon receipt of such repayments from Carilion, the FDETC shall return such funds to the City. SECTION S. Reimbursement Procedures. Upon creation or relocation 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 4 training funds from Carillon documenting its expenditures, the FDETC shall reimburse Carilion allowable expenses from funds donated by the City. Allowable expenses under this Agreement shall include approved training expenditures, including but not limited to the following: salaries for outside trainers and training consultant.s; travel and lodging expenses for trainers, consultants and employees while in training; training materials, printing services, and expenses for internal training facilities and equipment; telephone charges for long distance, teleconferencing and video conferencing; and rental of space for external training external training programs offered through vendors, and development costs for programs attributable to the additional qualifying positions. SECTION 6. Term, The term of this Agreement shall be from 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 Agreement sha~ll~ in no way cancel or avoid the reporting and/or repayment obligations of CarRion set forth in this Agreement. SECTION 7. Forum Seleetign and Choice of Law, By virtue of entering into this Agreement, Carilion submits itself to a court of competent jurisdiction in the City of Roanoke, V'u'ginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Vh'ginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws oftbe Commonwealth of Virginia. SECTION 8. aat~igii_a!rAh This Agreement 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. Carilion agrees 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 Cadlion which are pertinent to this Agreement for the purpose of making an audit, examination, excerpts, transcriptions, or verification of any information or figures provided to them by Carillon. SECTION 10. Successors and Assinns. The terms, conditions, provisions and undertakings of this Agreement shah be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. SECTION 11. Nondiscriminati0n. Cafilion 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 12. .~5m~[1~].9.~ Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. SECTION 13. Countemart Copies. This Agreement may be executed in any number of counterpart copies, each of which shah be deemed an original, but MI of which together shall constitute a single instrument. SECTION 14. Severabilitv. If any provision of this Agreement, or the application of any provision to a particular entity or circumstance, shah be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and aH other terms and conditions of this 6 Agreement shah be valid and enforceable to the fullest extent permitted by law. SECTION 15. Nonwaiver, Carilion agrees 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 shah not be a waiver of any of the terms or conditions of this Agreement except as set forth herein, or a waiver of any other breaches of this Agreement by Carih'on and does not bar either the FDETC or the City from requiring Carilion to comply with aH the terms and conditions of this Agreement and does not bar the FDETC or the City from asserting any and all fights and/or remedies they have or might have against Carilion under this Agreement or by law. SECTION 16. Cautions and Headinns. The section captions and headings are for convenience and reference purposes only and shah not affect in any way the meaning or interpretation of this Agreement. SECTION 17. Entire At, reement and Amendmgnt~, This Agreement constitutes the entire agreement of the parties hereto and supersedes aH prior offers, nesotiations, and agreements among the parties. No amendment to this Agreement shah be valid unless made in writing and silpted by the parties hereto. IN WITNESS WHEREOF, the parties hereto have sisned this Agreement by their authorized representatives: ATTEST: Mary Parker, City Clerk CITY OF ROANOKE By: City Manaser/~si~t City Manager 7 ATTEST: FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM Vickie Price, Executive Director ATTEST: CAKILION HEALTH SYSTEM By: Approved as to Form: Approved as to Execution: City Attorney City Attorney Appropriation and Funds Required For this Contract Certified: Director of Finance Date Acct. # COPY THIS PARKING AGREEMENT is dated September 1, 1998, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinaRer referred to as the "City," and CARILLON HEALTH SYSTEM, a nonprofit Virginia corporation, hereinaRer referred to as "Carilion." WITNESSETH: WHEREAS, Carilion or its subsidiaries have agzeed to create or relocate a minimum of 310 additional permanent full 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 Carillon for the purpose of making parking available 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 shall have the following meanings unless otherwise indicated: (a) The term "base period staff level" shall mean the number of permanently qualified positions Carilion employs or has in Roanoke's Enterprise Zone One prior to September 1, 1998. Co) The term "Carillon" shall mean Carilion Health System or its subsidiaries (subsidiaries being defined as a corporation or entity of which Carilion Health System owns or controls more than ~0%). (c) The term "equivalent position" shall mean a qualified job position as defined below that provides the same or greater salary and benefits as the position it replaces. (d) The term "qualifying or qualified position" shall 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. (f) The term "Roanoke's Enterprise Zone One" shah 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 Oualifying Positions- Carilion agrees to create or permanently 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 Carilion 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 the terms of this Parking Agreement, then this Parking Agreement may be terminated by the City and Carilion will also comply with any payment or repayment obligations to the City as set forth in this Parking Agreement. SECTION 3. Parkine Permits, (a) Carilion hereby agrees to purchase from the City a minimum 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, 2 during normal business days and hours. Carilion agrees and acknowledges that 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 be 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 furore. Furthermore, Carilion acknowledges and agrees that the number of parking permits assigned to any one garage is not guaranteed and may be changed from time to time at the sole discretion of the City, ~er 30 days written notice to Carilion, 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. Co) Each oftbese parking permits will be subject to any applicable rules and regulations applicable to other parking permits issued for any of those garages. Furthermore, Carilion 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 of a permit agreement by each user of a permit. SECTION 4. T~rm. The term of this Parking Agreement shall be from September 1, 1998, through August 31, 2003, unless sooner terminated 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 shah 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. After receipt of such request, the party 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, fi.no response is received by the requesting party within the sixty day time period, the renewal request will be deemed to be rejected. SECTION S. Cost of Parking Permits. (a) Carillon 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, from September 1, 1995, through January 31, 1999, Carilion may purchase less than the total 310 parking permits upon giving the City 30 days written notice of the n~ber of parking permits Carillon needs for the next month, with Car/lion 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, the sum of $24.00 per month per parking permit for a total minimum monthly amount of $7,440 per month. 3. For the frith year, September 1, 2002, through August 31, 2003, the sum of $25.00 per month per parking permit for a total minimum monthly amount of $7,750 per month. 4. During the term of this Parking Agreement Carilion may purchase from the City up to 130 additional parking permits (supplemental permits), all (c) additional parking 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 Carilion 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 all 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 of Roanoke c/o Allright Parking 15 East Campbell Avenue, SE, Roanoke, Virginia 24011 or at such other location as the City may designate to Carilion in writing. Such monthly payment shall be made by the tenth of each month. In the event that Carilion shall 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 Parking Agreement. Any payment made by Carilion 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. 5 SECTION 6. Assi_nnment. Carillon agrees that the parking permits purchased under this Parking Agreement are solely for the use of the officers and employees of Carilion and its subsidiaries and are not transferable or assignable to any other entity or individual and that such permits or the rights and obligations thereunder may not be sold, assigned, or transferred at any time by Carilion without the prior written consent of the City Manager. SECTION 7. Cancellation or Termination, (a) In the event Carilion shall fail to create or relocate the 310 additional qualifying positions as-called for by this Parking Agreement by February 28, 1999, Carilion 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 for in this Parking 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 Carillon will be responsible for paying the current monthly rate for any of those parking it continues to use. Such payment for the difference will be made no later than March 15, permits 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 Z-one One, as provided for in this Parking Agreement, by February 28, 1999, Carilion agrees to maintain those additional 310 qualifying positions together with the positions previously located in Roanoke's Enterprise Zone One until at least midnight August 31, 2003. Carilion 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 Carillon has maintained the 310 additional qualifying positions 6 together with the positions previously located in Roanoke's Enterprise Zone One as called for by this Parking Agreement. ffthere is a decrease in the net gain of qualifying positions for any reporting year that is below the 310 additional qualifying positions, but not below 300 additional qualifying positions, then CarRion will pay for that entire reporting year the difference between the current monthly rate then charged to the public and the monthly rate that Carilion 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 net gain of qualifying positions on any reporting date below 300 additional qualifying positions, the City may, upon ten days written notice, terminate this Parking Agreement and call for 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, Carilion will pay for that entir~ reporting year the difference between the current monthly 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 Carih'on, should CarRion 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 Bey0n~l th~ ~ontr01 of the City, The City shall have no liability or responsibility of any type to Carilion or its subsidiaxies 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 facility, or any orders or regulations of any federal, state, or local government body. ffany parking spaces are not available for more than 5 consecutive business days due to any such reasons, Carilion 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 agrees 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. Carilion 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. Coo~erstion. Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and purpose of this Agreement. SECTION 12. Counter~_ art Couies. This Agreement may be executed in any number of counterpart copies, each of which shah be deemed an original, but all of which together shah constitute a single instrument. SECTION 13. Severability. ffany provision of this Parking Agreement, 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 remaining provisions of this Parking Agreement shall not be affected and aH other terms and conditions of this Parking Agreement shall be valid and enforceable to the fullest extent permitted by law. 8 SECTION 14. Nonwaiver. Carillon 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 from requiring Carillon to comply with all the terms and conditions of this Parking Agreement and does not bar the City from asserting any and all rights and/or remedies the City has or might have against Carillon under this Parking Agreement or by law. SECTION 15. Forum Selection and (~hoicg of Law, By virtue of entering into this Parking Agreement, Carillon 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 Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. SECTION 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 Carilion which are pertinent to this Parking Agreement for the purpose of making an audit, examination, excerpts, transcriptions, or verification of any information or figures provided to the City by Carilion. SECTION 17. Successors and Assi_t, ns, The terms, conditions, provisions and undertakings of this Parkinf~ Agreement shall be binding upon and inure to the benefit of each of the paflies hereto and their respective successors and assigns. SECTION 18. Captions and lle~din~. The section captions and headin~ are for convenience and reference purposes only and shall 9 not affect in any way the meaning or interpretation of this Parking Agreement. SECTION 19. Entire Agreement and Amcndmgnts. This Parking Agreement constitutes the entire agreement of the parties hereto and supersedes all prior offers, negotiations, and agreements among the parties. No amendment to this Parking Agreement shall 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/Assistant City Manager ATTEST: Approved as to Form: City Attorney Appropriation and Funds Required For this Contract Certified: Director of Finance Date Acct. # CARILION HEALTH SYSTEM By: Approved as to Execution: City Attorney 10 Exhibit I to Parking Agreen'. :nt between City of Roanoke and Carilion Health System Payment Schedule of Cadlion Health System (minimum of 310 paddng permits per year) 310 paddng ~ ~ y~ 1 -3 Estimated 352 pmtdng pem~ in year 4 Estimated 394 pmtdng pem~ in ~ 5 Estimated 400 pinking pen~ in ~ 6-15 Per Permit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 $23 ~4% ~4% Plus 4% Plus 6% Plus 6% Plus 6% Plus 8% $24 $25 $26 $27 $29 $31 $33 $101,376 $118,200 $129,600 $139,200 $148.800 $158,400 Plus 8% Plus 8% Plus 8% Plus 8% Plus 8% $36 $39 $42 $45 $49 $172,800 $187,200 $201,600 $216,000 $235,200 ~ ToI~ $2,189,856 Mary F. Parker, CMC/AAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File #165-200-236 8andra H. Eakin Deputy C~y C~srk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34001-090898 authorizing the City Manager and City Clerk to enter into the 1998-99 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Northwest Neighborhood Environmental Organization, Inc. (NNEO). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Susheela Shende, Executive Director, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance William F. Clark, Director, Public Works H:~AGEN~.WPO W. Robert Herbert September 12, 1998 Page 2 pc: Glenn D. Radcliffe, Director, Human Development Diane S. Akers, Budget Administrator, Office of Management and Budget H. Daniel Pollock, Jr., Coordinator, Housing Development Charles A. Harlow, Grants Monitor, Grants Compliance Mariam K. Alam Stacy, Coordinator, Roanoke Neighborhood Partnership IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34001-090898. A RESOLUTION authorizing the appropriate City officials to enter into the 1998-99 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or tile Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1998-99 HOME Investment Partnership (HOME) Program Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), and any necessary amendments thereto, if necessm3z, approved as to form by the City Attorney, within tile limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated September 8, 1998. ATTEST: City Clerk.. II RES R-NNE()'~'~ Roanoke, Virginia September 8, 1998 98-30 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1998-99 Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO) for the "New Gilmer Phase I" Project and Gilmer Plan. Ao The City of Roanoke receives entitlement grants each year under the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U.S. Department of Housing and Urban Development (HUD). CDBG funds are used for a wide range of community projects, such as housing, human services and neighborhood and economic development. HOME funds are used to increase the amount of affordable housin~ available to eligible families. Of each year's HOME grant, 15 go must be reserved for projects conducted by certified Community Housing Development Organizations (CHDOs). An additional 5 % of each year's grant may be provided to CHDOs for their general operating expenses. C. For nearly two decades, NNEO has received HUD funding from the City to conduct housing and other community development projects in the Gilmer neighborhood area. D. The City has certified NNEO to be a bona fide CHDQ, as defined by HUD. NNEO has been successfully conducting CHDO projects for four consecutive years. II. Current Situation: As part of the City's 1998/99 budgeting process, NNEO requested funds for operating expenses; to acquire, rehabilitate and newly-construct housing as part of its "New Gilmer Phase I" project; and to prepare a plan for future neighborhood development. Bo City Council authorized $339.900 in CDBG and HOME funds for NNEO as part of the Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 11, 1998, by Resolution No. 33830-051198. Funds approved include: $154,900 in CDBG and $150.00 in HOME/CHDO project funds for the costs to acquire, rehabilitate and/or newly construct approximately seven (7) houses. Members of Council Page 2 $25,000 in HOME/CHDO operating funds to assist with NNEO's administrative expenses. $10,000 in CDBG planning funds for costs associated with the preparation of a physical development plan for the neighborhood. City. Council needs to authorize execution of an agreement with the NNEO in order to implement project activities and permit payment to the NNEO for costs incurred. III. Issues: HOME funds must be matched at a rate of 12.5 %, which does not apply to CHDO operating expenses. The match requirement for this NNEO project will be $18,543. Match sources include cash as well as in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. A. Cost to the City. B. Progress in committing CHDO funds. C. Impact on neighborhood revitalization. D. Consistency with the Annual Update. IV. Alternativ¢~: Authorize the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a CDBG/HOME Agreement with the NNEO (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project. Cost to the City. is $339,900 in CDBG and HOME funds; which are available in the accounts listed in Attachment A of the Agreement. Progress in committing CHDO funds will be achieved. Any CHDO funds not committed to projects within two years of award to the City may be withdrawn by HUD. This project completes the commitment of all CHDO funds which must be committed by June 30, 1999. o Impact on neighborhood revitalizatioll will be positive. Upon completion of the project, approximately seven (7) additional properties will have been constructed Members of Council Page 3 or rehabilitated. This will enhance the appearance, property values and stability of the neighborhood, while increasing the City's stock of decent, affordable housing. Consistency with the Annual Update will be attained. The activities and funding covered by this Agreement are specifically authorized in the Annual Update for implementation by the NNEO. B. Do not authorize execution of this CDBG/HOME Agreement with the NNEO. Cost to the City. would not be an issue, other than the potential loss of real estate tax revenues and the loss of additional affordable housing. ° Progress in committing CHDO funds will not be achieved and other CHDO projects would need to be developed to avoid withdrawal of funds by HUD. Impact on neighborhood revitalization would be negative in that the deteriorated state of the properties will remain unaddressed. Consistency with the Annual Update would not be attained, since the NNEO is specifically identified as the agency which will conduct the activities covered by this Agreement. V. Recommendation: Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, a CDBG/HOME Agreement with the NNEO (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney. Any such amendments shall be within the limits of the funds appropriated by City Council and the purposes set forth in the Agreement for the project. Respectfully submitted, W. Robert Herbert City Manager WRH:FEB Attachment Members of Council Page 4 C-' Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Budget Administrator Housing Development Coordinator Office of Grants Compliance Roanoke Neighborhood Partnership Coordinator Executive Director, Northwest Neighborhood Environmental Organization AGREEMENT Attachment 1 This Agreement is made and entered into this first day of July, 1998, by and between the following parties: The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 WITNESSETH: WHEREAS, by Resolution No.33875-061598, Roanoke City Council approved the 1998/99 Community Development Block Gram (CDBG) program and, by Ordinance No.33874-061598, appropriated funds therefor; and WHEREAS, by Resolution No. 33877-061598, Roanoke City Council approved the 1998/99 HOME Investment Partnerships (HOME) program and, by Ordinance No. 33876-061598, appropriated funds therefor; and WHEREAS, by Resolution No. __-__, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, the Grantee has certified the Subgrantee as a Community Housing Development Organ- ization (CHDO); NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES; Funds under this Agreement shall be used by the Subgrantee for the following housing and community development activities described below. Further, in order for the Grantee to comply with regulations requiring that at least 15 % of its HOME funds be reserved for CHDO projects, all HOME funds provided under this Agreement, excluding those designated for CHDO operating expenses, shall be used solely for allowable CHDO project activities. a. "New Gilmer Phase I Project" (1) General -- The Subgrantee shall conduct a housing rehabilitation and construction project in the area of the City of Roanoke known as the "Gilmer" neighborhood. It is understood by Page 1 of 12 the parties hereto that the Subgrantee shall undertake all activities necessary to achieve the rehabilitation or construction of the properties described in section 1.a. (2) and their sale to eligible families, as defined by the U.S. Department of Housing and Urban Development (HUD) and described in section 1.a.(3). (2) Properties To Be Assisted -- The properties under consideration for assistance include, but are not necessarily limited to, 1011 Fairfax Avenue, NW; 811,817, 1118,1120, 1122, 1124 and 1126 Gilmer Avenue, NW; and 901 Loudon Avenue, NW. Approximately seven (7) of these properties will be assisted with HOME and/or CDBG funds received from the Grantee and/or the Virginia Department of Housing and Community Development. (3) Eligible Families -- For the purposes of this Agreement, this term shall mean a family that will use the property being purchased as its principal residence and whose income, adjusted for family size, does not exceed 80 % of the area median income established by HUD and in effect at the time of sale. The Subgrantee shall prepare and retain with records of the project documentation that it has determined each homebuyer family's income. Such documentation shall include the names, ages, and the sources and amounts of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. In the event the sale of the property to the family does not occur within six months of the income determination, a new income determination shall be made to ensure the family meets the income criteria in effect at the time of sale. (4) Allowable Expenditures -- Funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG or HOME cost, including, but not necessarily limited to, land and structures, title and recording, counsel's fees, property appraisal, surveying, taxes, extermination/inspection or CHDO operating cost. Pursuant to 24 CFR 570.204(c)(2)(iii) and 570.207(b)(3)(iii), CDBG funds may be used for the "bricks and mortar" costs of new construction, as well as clearance, site assemblage, site improvements, and such public improvements as curbs, gutters and sidewalks. (5) Development and Permanent Financing -- HOME and CDBG funds provided by the Grantee under this Agreement shall be used for the operating and project costs associated with the development of housing as described herein. Eligible families that purchase the housing may receive permanent financing from the Subgrantee. Such permanent financing shall be serviced by a financial institution selected by the Subgrantee. The selected servicing entity may deduct a reasonable fee for its efforts from each payment received. Income received from the sale and financing of the properties shall conform to the requirements of sections 3 and 4 of this Agreement. b. "Gilmer Plan" The Subgrantee shall prepare a plan for the physical redevelopment of the "Gilmer" neighbor- hood, including a strategy to market the neighborhood to potential residents. The intent of this plan is to chart the course of development for the future, achieving a more organized approach and, wherever possible, reducing the costs which result from the current method of individually Page 2 of 12 designing projects. To the maximum practical extent, the Subgrantee shall involve neighborhood residents and businesses, the City's Department of Planning and Community Development, including the Roanoke Neighborhood Partnership, and other appropriate individuals and organ- izations in this planning activity. The Subgrantee shall provide a copy of the completed plan to the Grantee's Office of Grants Compliance; this shall not relieve the Subgrantee from distri- buting copies to other offices of the City government and the community, as may be required. c. Period of this Agreement -- This Agreement shall be effective as of July 1, 1998, and, unless amended, shall end June 30, 2000. d. Schedule -- By June 30, 2000, the Subgrantee shall have: (1) Completed the construction and/or rehabilitation of approximately seven (7) properties and closed on their sale to eligible families; and (2) Completed the neighborhood plan and delivered a copy to the City's Office of Grants Compliance. ~ -- The total CDBG and HOME funds to be provided by the Grantee under this Agreement is $339,000, as detailed in Attachment A. Of these funds, not more than $25,000 may be used for eligible CHDO operating expenses. At the sole discretion of the Grantee, any funds remaining unexpended at the end date of this Agreement may be deobligated from the Agreement and made available for other CDBG, HOME or HOME/CHDO projects, as appropriate. The award of funds for this project shall not be construed to commit the Grantee to award any other funding to this or any other project of the Subgrantee. fo ]:[O.~Mal~ -- HOME funds must be matched in accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee shall be responsible for identifying and ensuring crediting of matching funds required pursuant to this Agreement. To assist the Grantee in meeting the requirement, the Subgrantee shall report regularly to the Grantee all activities which may be credited as HOME match. REQUESTS FOR DISBURSEMENTS OF FUNDS; ao Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. Requests for disbursement of funds shall be submitted to the Grantee's Office of Grants Compliance and shall include copies of the invoices from contractors, businesses or other entities for the work performed or operating expenses incurred. Upon approval of the request by the Office of Grants Compliance and the Grantee's Project Manager, if any, the Grantee shall disburse the funds to the Subgrantee. c. All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1.c., must be received by the Grantee within 60 calendar days Page 3 of 12 of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 3. DISPOSITION OF PROCEEDS FROM SAI.E: Upon the Subgrantee's sale of each of the properties cited in section 1, gross proceeds shall be distributed: first, to repay financing provided by private lending institutions and, second, the Subgrantee shall recover its funds invested in the project. Any proceeds remaining thereafter shall be distributed according to the provisions of section 4 of this Agreement. 4. HOME/CHDO PROCEEDS AND CDBG PROGRAM INCOME: It is expected that the housing activities assisted under this Agreement will generate a return on the investment of the CDBG and/or HOME funds provided by the Grantee. The treatment of these returns depends on the funding source to which their generation is attributable. a. CHDO Proceeds -- As set forth in the introductory paragraph of section 1, all HOME project funds provided under this Agreement are classified as "CHDO Reserve Funds." (1) In accordance with 24 CFR 92.300(a)(2), "CHDO Proceeds" comprise returns on the investment of CHDO Reserve Funds through: the permanent financing of a CHDO project which is used to pay off a CHDO financed construction loan; the sale of CHDO developed homeownership housing; or the principal and interest payments from a loan to a buyer of CHDO developed homeownership housing. (2) The Subgrantee shall be permitted to retain all CHDO proceeds generated through the use of HOME/CHDO funds under this Agreement. In accordance with 24 CFR 92.300(a)(2), such CHDO proceeds shall not constitute "program income" to the HOME program and, thus, are not subject to HOME requirements, except as described below. (3) The Subgrantee shall use any CHDO proceeds generated under this Agreement to fund additional housing activities to benefit "eligible families," as defined in section 1.a.(2) above. Such activities may include: (a) projects typically qualifying for CHDO set-aside funds (e.g. homeownership); (b) other HOME-eligible projects (e.g.. owner-occupied rehab); © projects normally ineligible under HOME (e.g.. emergency repairs; stand-alone home-buyer counseling); or (d) CHDO operating expenses. (4) Prior to expending any CHDO proceeds, the Subgrantee shall submit a report to and receive written approval from the Grantee. The report shall document the amount of such proceeds and identify the activities which the Subgrantee intends to fund with the proceeds, including the anticipated date by which the proceeds are to be fully expended. Once CHDO proceeds are used, there are no further HOME requirements (i.e. funds generated from the use of CHDO proceeds are not CHDO proceeds). (5) With respect to any CHDO proceeds attributable to the sale, or loan payments received from homebuyers attributable to the sale, of properties assisted by HOME/CHDO funds under this Page 4 of 12 Agreement, but received after the date of this Agreement's termination, the Subgrantee shall continue to adhere to the reporting and approval requirements of subsection (4) above. (6) CHDO Proceeds from Previous Projects -- The Subgrantee shall prepare and submit to the Grantee a final report of the CHDO proceeds which resulted from the sale of the HOME- assisted properties at 719, 803, 809, 813, 814 and 815 Gilmer Avenue, NW, and at 814 and 1002 Loudon Avenue, NW. and the Subgrantee's intended uses for these funds, including the anticipated date by which the proceeds are to be fully expended. The intended uses shall conform to the requirements of subsection (3) above. Upon the Grantee's approval of this report, the Subgrantee may expend the CHDO proceeds as intended. This provision shall supersede provisions relating to program income, proceeds from sales and repayments, in the respective Agreements for the properties listed, said Agreements having expired. CDBG Program Income -- In accordance with 24 CFR 570.500 and 570.504, all income directly generated through the investment of CDBG funds provided under this Agreement shall constitute "program income" to the CDBG program and is subject to all CDBG rules for such income. (1) "Program income" shall include, but not necessarily be limited to, funds resulting from CDBG-assisted activities comparable to those described in subsection a.(1) above. (2) Within 15 days of its realization, all program income generated by the Subgrantee's use of CDBG funds provided under this Agreement shall be remitted to the Grantee. (3) It is the intent of the Grantee to permit the Subgrantee to retain CDBG program income the latter has generated under this Agreement, provided that a method for so doing can be developed which satisfactorily enables the Grantee to meet its responsibilities with respect to accounting for such income, including requirements of the HUD Integrated Disbursement and Information System (IDIS). The Grantee shall not be obligated to return to the Subgrantee any CDBG program income remitted prior to the development of such a method. Further, the Grantee reserves the right to discontinue developmental efforts, if, in its sole estimation, achievement of a satisfactory method is unlikely. Properties Assisted By CDBG and HOME/CHDO Funds -- In the event a property is assisted by both CDBG and HOME/CHDO funds provided under this Agreement, any returns on the investment of these funds will be categorized as CDBG program income or CHDO proceeds proportionally, based on the percentage each source contributed funding. 5. AFFORDABILITY; The Subgrantee shall ensure that properties assisted with HOME/CHDO funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be eligible families, as described in section 1.b. above; (2) The initial purchase price of each property shall not exceed $127,750; and Page 5 of 12 (3) For a period of up to 15 years, depending on the total amount of HOME funds invested, each property shall be available for purchase only by a HOME-eligible family; otherwise up to the full HOME investment shall be repaid to the Grantee. These restrictions will be enforced pursuant to section 6 of this Agreement. b The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. ENFORCEMENT OF THE AGREEMENT: ao In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. In the event the Subgrantee, without prior written approval from the Grantee's Office of Grants Compliance, terminates the project prior to completing all units for which HOME/CHDO funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME/CHDO project, administrative or operating funds disbursements, whether or not expended. The affordability provisions referenced in section 5 of this Agreement shall be enforced by a written covenant between the Subgrantee and the homebuyer as a condition of sale, and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period of affordability. Such covenant shall be approved as to form by the Grantee. If affordability provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with section 5.a.(3) of this Agreement. 7. REVERSION OF ASSETS: Upon expiration of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or CDBG Program Income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: ao Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or If the property is not used in accordance with (a) above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. Page 6 of 12 8. RECORDS AND REPORTS: The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: ao Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 92.508,570.506, and 570.507, as applicable. Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) or five (5) years, respectively, in compliance with the requirements of 24 CFR 92.508© and 570.502(b), as applicable. Co Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53 and 92.508(d). MONITORING: The Subgrantee shall monitor progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Office of Grants Compliance. Not less than annually, the Grantee shall monitor the Subgrantee for records retention and compliance with the regulations of 24 CFR Part 92, as referenced herein. 10. ANNUAL AUDIT; As an entity receiving over $300,000 in federal funding from the Grantee, the Subgrantee shall be required to undergo an annual independent audit of the expenditures under this Agreement in accordance with the provisions of OMB Circular A-133. Audit expenditures are generally considered administrative in nature and, under this Agreement, may be charged to CHDO Operating funds. 11. OTHER PROGRAM/PROJECT REQUIREMENTS: In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. Maximum per-unit subsidy amount and subsidy layeriIlg -- The total amount of HOME funds invested shall not exceed $58,028 for a one-bedroom unit, $70,562 for a two-bedroom unit, $91,283 for a three-bedroom unit, and $100,200 for a unit with four or more bedrooms. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. Page 7 of 12 ge Property standards and lead-based paint -- All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Affirmative Marketing and Affirmatively Furthering Fair Housing -- In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, familial status or disability. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME or CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG-assisted properties. ~ -- In accordance with 24 CFR 92.354 and 570.603, prevailing (Davis-Bacon) wage rates shall be paid to non-volunteer labor on residential projects of 8 or more CDBG- assisted units or 12 or more HOME-assisted units. For projects receiving both CDBG and HOME assistance, prevailing wage rates shall be required when 8 or more residential units are rehabilitated or constructed. Environmental standard.q -- In accordance with 24 CFR 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. No CDBG or HOME funds may be expended prior to the Grantee's completion of the environmental review and the Subgrantee's completion of any required remedial actions. Displacement and relocation -- In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. To the extent feasible, any eligible families residing in the properties identified in section 1 shall be provided reasonable opportunity to purchase the rehabilitated property. All displaced persons will be provided relocation assistance to the extent permitted and required under the applicable regulations. Page 8 of 12 Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affn'mative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. jo Debarment and suspensioll -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Office of Grants Compliance the names of all contractors and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. Uniform administrative requiremevtq -- The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-110, "Uniform Administrative Requirements..."; OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations"; and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions" or the related provision specified in 24 CFR 92.505 or 570.502. Conflict of interest -- In accordance with 24 CFR 92.356 and 570.611, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. Eligibility_ restriction for certain resident aliens -- In accordance with 24 CFR 570.613, certain newly-legalized aliens, as described in 24 CFR 49, are not eligible to apply for assistance through the activities provided under this Agreement. This restriction does not preclude these individuals from receiving relocation services and payments to which they are entitled by law. 12. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 13. I31DI, M25IT. XI The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) Page 9 of 12 the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; © the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 14. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. 15. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 16. AMENDMENTS; The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated by written amendment to this Agreement. 17. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 18. AVAILABILITY OF FUNDS; CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. Page 10 of 12 19. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATI'EST: FOR THE GRANTEE: By Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: By Louise J. Penn, Secretary FOR THE SUBGRANTEE: By Susheela Shende, Executive Director APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance (See Attachment A) Page 11 of 12 Attachment A 1998/99 NNEO CDBG/HOME Agreement ("New Gilmer Phase I" and "Gilmer Plan") Financial Accounts Account # Descriotion Project Suooo~t Admin Total CDBG Funds: 035-099-9921-5064 Gilmer Plan 10,000 10,000 035-099-9920-5065 New Gilmer Phase I 154,900 154,900 Total CDBG Funds 164,900 164,900 I Description Project Support Ooeratin~ Total Account HOME/CHDO Funds: 035-090-5303-5343 New Gilmer Phase I 1,659 1,659 035-090-5305-5343 New Gilmer Phase I 4,000 4,000 035-090-5306-5343 New Gilmer Phase I 144,341 144,341 Total Activity 150,000 150,000 035-090-5305-5344 CHDO Operating 1,645 1,645 035-090-5306-5344 CHDO Operating 23,355 23,355 Total Activity 25,000 25,000 Total HOME/CHDO Funds 150,000 25,000 175,000 TOTAL CDBG and home/CHDO FUNDS Page 12 of 12 Mary F. Parker, CMCIAAE cay Ct. rk CITY OF ROANOKE Office of the City Clerk September 12, 1998 File f~60-270-472 8andra H. Eakin Oep.ty Cay C~.rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34002-090898 amending and reordaining certain sections of the 1998-99 General, Civic Center, Transportation, Management Services and Utility Line Services Fund Appropriations, providing for appropriation of funds from the prior years' Capital Maintenance and Equipment Replacement Program and Retained Earnings, in connection with acquisition of certain items listed on Attachment A of a report of the City Manager under date of September 8, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works H:~AG~WPO James D. Grisso September 12, 1998 Page 2 pc: Barry L. Key, Manager, Office of Management and Budget James M. Evans, Manager, Civic Center Samuel Hayes, III, Manager, Utility Line Services D. Darwin Roupe, Manager, Supply Management H:~AGENDAO6~SEPTS.WI~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 1998. No. 34002-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General, Civic Center, Transportation, Management Services and Utility Line Services 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, Civic Center, Transportation, Management Services and Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Safety $ 40,282,206 Fire - Operations (1) ........................................ 10,500,043 Public Works 24,118,992 Parks and Grounds Maintenance (2) ............................ 4,436,936 Nondepartmental 59,319,552 Transfer to Other Funds (3) ................................... 58,485,534 Fund Balance Reserved for CMERP - City (4) ................................. $ 4,108,319 Civic Center Fund Appropriations Operating (5-6) ............................................. $ 2,274,388 Capital Outlay (7-8) ........................................ 438,522 Concessions (9) ............................................ 151,242 Civic Center Fund Revenue Nonoperating (10) ............................................. Retained Earnin,qs Retained Earnings (11) ........................................ Transportation Fund Appropriations Century Station Parking Garage (12) ........................... Williamson Road Parking Garage (13) ........................... Market Square Parking Garage (14) ............................. Tower Parking Garage (15) ................................... Retained Earninqs Retained Earnings (16) ........................................ Mana.qement Services Fund Appropriations Capital Outlay (17) ........................................... Retained Eaminqs Retained Earnings (18) ........................................ Utility Line Services Fund Appropriations Capital Outlay (19) ........................................... Retained Earnin,qs Retained Earnings (20) ........................................ 1) Wearing Apparel 2) Other Equipment 3) Transfer to Civic Center Fund 4) Reserved for CMERP City (001-050-3213-2064) (001-052-4340-9015) $ .43,432 30,000 (001-004-9310-9505) (001-3323) 5,000 (78,432) $ 858,771 $ 3,092,072 $ 107,100 270,224 68,177 151,682 $ 1,794,143 $ 99,495 $ 209,897 $ 426,211 ,784,419 5) Fees for Professional Services 6) Maintenance - Buildings 7) Other Equipment 8) Other Equipment 9) Other Equipment 10) Transfers from General Fund 11) Retained Earnings 12) Other Equipment 13) Other Equipment 14) Other Equipment 15) Other Equipment 16) Retained Earnings 17) Other Equipment 18) Retained Earnings 19) Other Equipment 20) Retained Earnings (005-056-2105-2010) (005-056-2105-2050) (005-056-2108-9015) (005-056-2108-9015) (005-056-2109-9015) (005-020-1234-0951 ) (005-3336) (007-056-8200-9015) (007-056-8205-9015) (007-056-8215-9015 ) (007-056-8225-9015) (007-3336) (015-002-1618-9015) (015-3336) (016-056-2626-9015) (016-3336) $ 53,500 75,700 5,000 321,800 12,000 5,000 (463,000) 2,750 2,750 2,750 2,750 (11,000) 81,000 (81,000) 166,470 (166,470) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 8, 1998 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriations from Prior Year Capital Maintenance and Equipment Replacement Program and Retained Earnings I. Backqround on the subject in chronological order is: The prior year Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings for Internal Services accounts has identified various operational needs for several City departments. Bo The items and projects identified are necessary to continue to perform assigned activities and projects in the most efficient and effective manner. A listing of items and projects costing less than $75,000 is identified on Attachment "A" of this report. Do The City Manager, by authority designated by City Council, can approve expenditures less than $75,000 once the funds have been appropriated by Council. Approximately $220,000 requested in this report, by the Civic Center, is to permit the takeover of the concession operation by inhouse staff which will ultimately result in a net savings to the City. Items or projects to be acquired either have already been bid or will be in accordance with the procurement section of the Code of the City of Roanoke. II. Current Situation is: It is necessary for City Council to appropriate Funds from Prior Year Capital Maintenance and Equipment Replacement Program and Prior Year Retained Earnings to provide for the acquisition of the items listed on Attachment "A" of this report. Honorable Mayor Bowers and Members of City Council Fund Appropriations September 8, 1998 Page 2 III. IV. Issues in order of importance are: A. Need B. Funding C. Timing Alternatives in order of feasibility are: A. City Council appropriate $799,902 to various accounts to provide for the items and projects listed on Attachment "A" of this report. 1. Need for the requested items or projects have been justified essential for the purpose of continued operation and support of City functions. 2. Funding is available in Prior Year Capital Maintenance and Equipment Replacement Account and Prior Year Retained Earnings accounts to provide for these purchases. 3. Timing will allow for the requested items and projects to be procured in the most efficient and effective manner. B. City Council not appropriate requested Funds to various accounts. 1. Need for the acquisition of necessary items and projects would not be addressed with this alternative. 2. Funding designated for the requested items and projects would not be expended at this time. 3. Timing for the acquisition of requested items or projects would not be accomplished in the most expedient manner. Recommendation is for City Council to concur with Alternative "A" and appropriate $799.902 as follows A. $78,432 from General Fund Prior Year Capital Maintenance and Equipment Replacement Program as follows: Honorable Mayor Bowers and Members of City Council Fund Appropriations September 8, 1998 Page 3 $30,000 to Parks and Recreation account 001-052-4340- 9015. $43,432 to Fire/EMS account 001-050-3213-2064. $5,000 to Civic Center account 005-056-2108-9015. $7211470 from Prior Year Retained Earnings Accounts as follows: 1. $81,000 to Management Services Account 015-002-1617- 9015. 2. $166,470 to Utility Line Services Account 016-056-2626- 9015. $53,500 to Civic Center Account 005-056-2105-2010. $75,700 to Civic Center Account 005-056-2105-2050. $12,000 to Civic Center Account 005-056-2109-2170. $321,800 to Civic Center Account 005-056-2108-9015. $11,000 to Transportation Fund to an account designated by the Director of Finance. 4. 5. 6. 7. CC: City Attorney City Clerk Director of Finance Director of Utilities & Operations Director of Public Works Management & Budget Manager, Civic Center Manager, Utility Line Services Manager, Supply Management Respectfully Submitted, W. Robert Herbert City Manager Attachment "A" Funds designated from Prior Year Capital Maintenance and Equipment Replacement Program. Parks and Recreation Ur)arade of Sports Lighting Systems - Many of the sports lighting systems throughout the City are obsolete, non repairable or work inadequately. Though the development of an inventory of all athletic fields, basketball courts and tennis courts lighting systems, we are setting up a ten year program to upgrade these systems to meet safe lighting standards and to eliminate the hazards created by deteriorated systems and structures. Fire/EMS $30,000 Phase I - 5" Diameter Fire Hose - To upgrade Fire Hose which would allow existing Fire Engine to operate more efficiently by utilizing less hydrants per major fire. Civic Center $43,432 Refurbish Existing Intercom System in the Auditorium - This project would utilize existing wiring to the dressing rooms and provide for the rework of existing speaker stations. $ 5,000 I1. Funds designated from Internal Service Departments Prior year Retained Earnings. Manaqement Services Replace Two (2) Main Copiers in Municipal Building - Management Services is responsible for the two (2) main copiers in the Municipal Building. These high volume copiers, approximately 175,000 copies per month, are showing extreme wear thereby having increase maintenance and repair cost. $70,000 Fund Appropriations Attachment "A" Page 2 Replace copier in Office of The Clerk of Circuit Court Management Services provide for a copier in the Office of The Clerk of Circuit Court. That copier produces approximately 25,000 copies per month. The existing unit is experiencing high maintenance and repair cost with increased downtime. Utility Line Services Two (2) Magnetic Metal Locators - Locators are necessary to locate meter boxes, water valves, and sanitary sewer manholes that have been covered up. Six ('6) Pipe and Cable Locators - To replace existing Iocators that are old and parts are unavailable for their repairs. Two (2) Water Leak Detectors - These detectors are to be used to pinpoint leaks in Water Mains and Service Lines. Rubber Tired Loader/Backhoe - This request is to replace an old, worn out JCB Unit. Two (2) 10-Ton Utility Trailers - These requested Tri-axle trailers will replace Tandem axle which continue to break, thereby making them unsafe to operate. Existing units are in poor condition. One (1) 2-Ton Truck with Knuckle Boom Crane - This unit will replace a 1976 unit for which repair parts are unavailable. One (1) Ton Truck with Utility Body - This will replace an existing 3/4 Ton unit that is in poor condition and having high maintenance cost. $11,000 $ 1,450 $ 4,020 $ 5,500 $62,500 $13,000 $60,000 $20,000 Fund Appropriations Attachment "A" Page 3 Civic Center Half House Curtain for Coliseum - The Coliseum is in need of a method to make seating capacity smaller for many events that are too small for the Coliseum and too large for the Auditorium. Requested curtain would close off a portion of the Coliseum and limit seating capacity to the range of 3,000 to 6,000 patrons. Three (3) Kiosks for Civic Center Complex - These units, in front of the Coliseum, the Auditorium and the Exhibit Hall, would provide directional information and identification of the Facility and the activities in that Facility. These would make the Civic Center significantly more "user friendly". Facility Identification $ignage of Civic Center Facility - Identification Signage, which could be viewed from 1-581 and Orange Avenue, would provide better identification of the Facility to patrons. Replacement of Facility Fork Lift - This unit would replace an existing Fork Lift that is over 26 years old and is unsafe to use at the Facility. One (1) Parking Lot Sweeper - This request will provide for a more efficient cleaning of the Civic Center Parking Lots, thereby eliminating unsafe and unsightly situations. One (1) 4-Wheel Drive Truck - Requested unit will replace a 1985 unit with high mileage and repair cost. The unit will also be used for security. Acoustical Shell for Auditorium - This unit is needed to provide appropriate quality acoustics for the symphony and other musical events at the Civic Center Auditorium. $50,000 $30,000 $20,000 $39,000 $38,000 $20,000 $32,300 Fund Appropriations Attachment "A" Page 4 Remote Beer Dispensing System - This system will allow for the dispensing of Beer in all concession stands. Now only two (2) stands dispense Beer. This request will allow for better service to center patrons. Box Office Equipment - This will provide for a drop vault for handling deposits of cash to the box office from concessions, parking and novelties. Currently there is no system. Radios - This will allow for an increase of 4 two-way radios to be used for Civic Center events. Energy Systems Audit - An Energy Audit is a system designed to provide information which will help plan for future equipment replacement requirements, energy usage analysis and methods to lower energy consumption. Physical Facility Assessment - The assessment would be performed to determine the long term needs of the Facility to effectively compete for the future and to evaluate the physical Facility needs for the community for the next 25 years in terms of exhibition space, modernization and various operational and service issues. Office Construction - This is necessary for the relocation of existing staff to make room for the new Concession Stands. Novelty Stand Construction - This would provide space on the north concourse for novelty sales (and concession use) to open up the concourse for better traffic flow and sales. $55,700 $ 5,000 $ 2,500 $28,500 $25,000 $10,000 $10,000 Fund Appropriations Attachment "A" Page 5 American Disabilities Act Improvements - This will allow for compliance with improvements mandated by the Act. Improvements would include handicapped seating, handicapped access to water fountains, telephones and hearing impaired systems for both Auditorium and Coliseum. Concession Operational Needs -This will provide for the replacement of equipment either owned by the present concession operator or defective equipment. Cushman Flatbed Hauler - This unit would be used by parking staff to prepare the lot for events and also will serve as a security vehicle to patrol the lot during events. Currently no vehicle exist for this program. Transportation Fund Signs for City Owned Parkinq Garage - This will allow for the purchase and installation of entrance way identification signs at the City Owned Parking Garage. $50,000 $35,000 $12,000 $11,000 Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #27-183-472 Sandra H. Eakin ~puty c~y C~rk W. Andrew Wicker, Sales Representative Virginia Public Works Equipment Company 2101 Loumour Avenue Richmond, Virginia 23230 Dear Mr. Wicker: I am enclosing copy of Ordinance No. 34004-090898 accepting the bid of Virginia Public Works Equipment Company, in the amount of $98,570.00, for purchase of a Sewer Pipe Inspection System, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely,~"~ ~') ~' Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget Samuel Hayes, III, Manager~ Utility Line Services D. Darwin Roupa, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34004-090898. AN ORDINANCE accepting the bid of Virginia Public Works Company for the purchase of a Sewer Pipe Inspection System, 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 Virginia Public Works Company in the total amount of $98,570.00 for the purchase of a Sewer Pipe Inspection System, as is more particularly set forth in the City Manager's report dated September 8, 1998 to this Council, such bid being in full compliance with the City's plans and specifieati°ns 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 c~y C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File ~27-183-472 ~andra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34003-090898 amending and reordaining certain sections of the 1998-99 Utility Line Services Fund Appropriations, providing for appropriation of $98,570.00, in connection with the purchase of a sewer pipe inspection system. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Barry L. Key, Manager, Office of Management and Budget Samuel Hayes, III, Manager, Utility Line Services D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 8th day of September, 1998. No. 34003-090898. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Utility Line Services 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 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3Drooriations Capital Outlay (1) .......................................... $ 358,311 Retained Earninqs Retained Earnings (2) ....................................... $ 1,685,849 1) Appropriated from General Revenue (016-056-2626-9015) $98,570 2) Retained Earnings (016-3336) (98,570) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '98 Roanoke, Virginia September 8, 1998 98-360 Honorable David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to purchase Sewer Pipe Inspection System Bid No. 98-7-72 I. Back ro_q[Q.U_Q~ on the subject in chronological order is: A need has been identified in the Utility Line Services Department to replace the existing Sewer Pipe Inspection System due to extensive downtime and repair cost. The requested system consist of a Van that is outfitted with remote camera, monitor, controls and other related equipment. This system will provide for the inspection and ability to make assessments of line conditions and assist in line repair. Funds are designated in Utility Line Services Prior Year Retained Earnings Account to allow for the acquisition of this system. Specifications were developed and sent, along with a Request for Quotation, to Seven (7) vendors that distribute this type of equipment. A public advertisement was posted on the City's Bid Board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on August 7, 1998 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. II. Current Situation is: Ao Two (2} bid responses were received. A tabulation of those bids received is attached. Honorable Mayor Bowers and Members of City Council Sewer Pipe Inspection System Bid No. 98-7-72 Page 2 III. IV. Both bids were evaluated in a consistent manner by representatives of the following departments: Utilities & Operations Utility Line Services Supply Management Bid evaluations have determined that the lowest bid, submitted by Virginia Public Works Equipment Company of Richmond, Virginia, meets all required specifications for a total cost of $98,570.00. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: City Council authorize the purchase of a Sewer Pipe Inspection System from Virginia Public Works Equipment Company for a total cost of $98,570.00. Need would be addressed to provide replacement of essential Utility Line operational equipment. Compliance with specifications is met by the bid response submitted by Virginia Public Works Equipment Company. Funding is available in Utility Line Services Prior Year Retained Earnings Account but would require the appropriation by City Council. Need to replace an existing, old, high maintenance system would not be accomplished with this alternative. Honorable Mayor Bowers and Members of City Council Sewer Pipe Inspection System Bid No. 98-7-72 Page 3 Vm Compliance with specifications would not be a factor in this alternative. Funding identified for this purchase would not be expended at this time with this alternative. Recommendation City Council concur with Alternative "A" to authorize the purchase of a Sewer Pipe Inspection System from Virginia Public Works Equipment Company for a total cost of $98,570.00. Appropriate $98,570.00 from Utility Line Services Prior Year Retained Earnings to account 016-056-2626-9015 to provide for this purchase. Reject other bid. CC~ City Attorney City Clerk Director of Finance Director, Utilities & Operations Management & Budget Manager, Utility Line Services Manager, Supply Management Respectfully Submitted, W. Robert Herbert, City Manager Bid Tabulation Bids were received, publicly opened and read in the Office of Supply Management at 2:00 p.m. on August 7, 1998 For Sewer Pipe Inspection System Bid No. 98-7-72 Virginia Public Works Equipment Company Richmond, Virginia Cues, Inc. Orlando, Florida Item 1 - new TV Sewer Pipe Inspection Sytem including One Ton 4 x 4 raised roof Cargo Van in accordance with all specifications of the City of Roanoke and delivered F.O.B. Roanoke, Virginia * $98,570.00 $105,203.00 Delivery 180-210 Days 90-120 Days Committee: Kit B. Kiser Samuel Ha~s, III D Darw, n Roupe ~'~' * Indicates Recommendation Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #5-236 ~lndni H. Eakin [~puty c~y Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34005-090898 authorizing application for and acceptance of a grant, in the amount of $29,257.00, to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for creation of a domestic violence unit in the Police Department; and authorizing execution and filing by the City Manager of the conditions of the grant and other grant documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development A. L. Gaskins, Chief of Police W. Robert Herbert September 14, 1998 Page 2 pc: Mariam !~ Alam Stacy, Coordinator, Roanoke Neighborhood Partnership Donald S. Caldwell, Commonwealth's Attorney Charles A. Harlow, Grants Monitor, Grants Compliance Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34005-090898. A RESOLUTION authorizing the application for and acceptance of a grant to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for the creation ora domestic violence unit in the Police Department and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Application for a grant from the Commonwealth of Virginia Department of Criminal Justice Services in the amount of $29,257 for establishment ora program in the Police Department to improve the apprehension, prosecution and adjudication of persons committing violent crimes against women (the "V-STOP Program") is hereby authorized. 2. The local cash match shall be in the amount of $34,879. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of the grant. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. 5. This Council concurs in the creation of an additional grant position for the V-STOP Program as more pm'ticularly described in the report of the City Manager dated September 8, 1998. ATTEST: City Clerk. H:~IEA~U RF.~I~V-~NTOP. I '98 ,~[[~-2 ~.ep.t~gtberS, 1998 Council Report #98-414 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: V-STOP Domestic Violence Grant I. Background: II. A. The Virginia Department of Criminal Justice Services (DCJS) provides annual grant funding for activities which increase the apprehension, prosecution, and adjudication of persons committing violent crimes against women. This program is named Services, Training, Officers, Prosecution Violence Against Women (V-STOP.). B. The Roanoke Ci_ty Police Department currently has no specialized domestic violence response unit. Felony domestic violence crimes are investigated by the Criminal Investigations Bureau, while most misdemeanor domestic violence crimes are investigated by the patrol officer who receives the initial report. C. Two Thousand and Seventy-Three reports involving domestic violence, were investigated by the Police Department in the last year. Those reports included 517 injuries to citizens. D. The Roanoke City Police Department is requesting to apply for funds under this grant to form a domestic violence unit on or before April 1, 1999. The unit will focus police response upon instances of subsequent offenses and cases indicative of high risk of future violence directed at the victim. Current Situation A. The Department of Criminal Justice Services has advised that the City of Roanoke is eligible to apply for a competitive award under this program. This program award would require a local cash or in-kind match amount of least 25%. Mayor David A. Bowers Members of City Council Page 2 September 8, 1998 III. B. Grant Funds of $29,257 are to be requested for the salary and benefits of a civilian "Domestic Violence Specialist" grant position beginning April 1, 1999, as well as the office equipment and supplies needed for the program. C. The Local Match of $34,879 would be an in-kind contribution of the salary and benefits of an existing Senior Police Officer position to work full time on investigating domestic violence cases in coordination with the new civilian position. This represents a match of 54.4% of the combined program expense of $64,136. D. V-STOP Funding will continue through 2001, and is anticipated to be extended through 2003. Annual re-application for funding will be required. Local funding alternatives for the new position may need to be considered after that point. E. V-STOP Applications require evidence of cooperative agreements between law enforcement, prosecutors, victim/witness programs, domestic violence programs, and sexual assault centers. The Police Department is willing to provide such evidence. Issues: A. Need IV. B. Citizen Satisfaction C. Funds Availabili _ty Alternatives: A. City Council Authorize Application for $29,257 in funding through the Department of Criminal Justice V-STOP program in accordance with State grant requirements. Need exists to provide investigation, support, and documentation of domestic violence offenses in the City. Citizen satisfaction can be enhanced through increased responsiveness to domestic violence offenses. 3. Funds Availability will be addressed by this Council action. Mayor David A. Bowers Members of City Council Page 3 September 8, 1998 Vo B. Cit7 Council not authorize application for this funding through the DCJS V-STOP Grant Program. Need for investigation, support, and documentation of domestic violence offenses in the City will not be met. 2. Citizen satisfaction will not be enhanced. 3. Funds will not be available from the DCJS grant. Recommendation A. City Council approve Alternative "A" to apply for funds from the Department of Criminal Justice Services V-STOP grant program. B. Authorize the City Manager to sign and execute all appropriate documents to obtain funding through the V-STOP Grant Program administered by the Department of Criminal Justice Services. Respectfully submitted, City Manager WRH:ALG/wla CC: City Manager Director of Finance Director of Public Safety Director of Human Development Chief of Police Roanoke Neighborhood Partnership Commonwealth's Attorney Office of Grants Compliance Budget Administrator Mary F. Parker, CMClAAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File ~335 ~ndra H. E~kin ~puty city c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34006-090898 designating Blue Ridge Community Services as an Operating Community Services Board, and approving the performance contract between Blue Ridge Community Services and the Commonwealth of Virginia. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Reverend William L. Lee, c/o Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24018 Mr. Robert Williams, Jr., c/o Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Dr. Delores Johns, c/o Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24018 H:~AGEN~ 6,WI:~O W. Robert Herbert September 14, 1998 Page 2 pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGEN~ [ ~.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34006-090898. A RESOLUTION designating Blue Ridge Community Services as an Operating Community Services Board, and approving the performance contract between Blue Ridge Community Services and the Commonwealth of Virginia. BE IT RESOLVED by the Council of the City of Roanoke as follows: WHEREAS, pursuant to §37.1-194, Code of Virginia (1950), as amended, requires each city and county to establish, singly or in combination, a community services board for the provision of mental health, mental retardation, and substance abuse services to its residents; WHEREAS, the City of Roanoke has already established Blue Ridge Community Services pursuant to this statutory provision; WHEREAS, §37.1-194 further requires each city and county to designate, in consultation with its community services board, the board as an operating community services board, an administrative policy community services board, or a policy-advisory community services board with a local government department; WHEREAS, Blue Ridge Community Services provided community mental health, mental retardation and substance abuse services, directly through its own staff or through contacts with other providers; and WHEREAS, Blue Ridge Community Services conforms to the definition of an operating community services board that is contained in §37. I-194 of the State Code; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby designates Blue Ridge Community Services as an operating community services board with the powers and duties enumerated in §37.1-197.A and §37.1-197.1 of the Code of Virginia (1950), as amended. 2. The Performance Contract proposed to be entered into between Blue Ridge Community Services Board and the Commonwealth of Virginia, a copy of which is attached to the report of the City Manager, made to this Council dated September 8, 1998, is hereby approved for submittal to the Commonwealth of Virginia. ATTEST: City Clerk. September 8, 1998 Report #98-725 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: SUBJECT: Designation of Community Services Board & Approval of Performance Contract I. BACKGROUND II. Ao Section 37.1-194 of the Code of Virgini& 1950 as amended, requires every locality to establish a community services board (CSB). The boards oversee the delivery of mental health, mental retardation and substance abuse services. Blue Ridge Community Services (BRCS) provides mental health, mental retardation, and substance abuse services to the cities of Roanoke and Salem and the Counties of Craig, Botetourt, and Roanoke. Funding is shared by the Commonwealth and the individual localities. CURRENT SITUATION mo The 1998 General Assembly passed HB428 which amends and reenacts sections of the Code of Virginia relating to local roles and responsibilities for mental health, mental retardation, and substance abuse services. Effective July 1, 1998, each locality must designate their Community Services Board (CSB) as one of three option types. For CSBs that serve more than one locality (such as Blue Ridge Community Services which serves Roanoke City, Salem, Botetourt County Craig County and Roanoke County) the decision to change the designation of the Board must be unanimous. The following are options available: Operating Communi _ty Services Board (operating model currently followed by Blue Ridge Community Services). The CSB's board of directors is responsible for the direct provision of mental health, mental retardation, and substance abuse services. The board employs its own staff. Services are provided by CSB staff or through contracts with other providers (in accordance with Section 37.1- 197.A and 37.1-197.1 of the Code of Virginia). Honorable Mayor Bowers & Members of Council Page 2 September 8, 1998 III. 2. Administrative Policy Communi _ty Services Board The CSB's board of directors is responsible for setting policy and administering the provision of mental health, mental retardation, and substance abuse services. The board does not employ its own staff. Services are provided by local government staff or through contracts with other providers (in accordance with Section 37.1-197.B and 37.1-197.1 of the Code of Virginia). o Policy-Adviso _ry Communi _ty Services Board with a local govemment department. The Board of Directors is responsible for providing advice on policy matters to the local government department that provides mental health, mental retardation, and substance abuse services. The board does not employ its own staff (in accordance with Section 37.1-197C and 37.1- 197.1 of the Code of Virginia). Bo The decision to change the _type of CSB must be unanimous. Staffofthe participating jurisdictions of Blue Ridge Community Services has agreed to continue to use to Operating Community Services Board format. Each of the governing bodies is being asked to adopt a resolution like the attached format denoting this designation. Co Pursuant to the legislation, localities are also being asked to formally approve the performance contract between Blue Ridge Community Services and the state. The contract describes the level of local contributions and denotes the levels of services to be provided. Once approved by the Commonwealth, this document will contain outcome measures. For the 1998-99 fiscal year, there are no fiscal consequences attached to the outcome measures. For the FY 2000 performance contract, detailed outcome measures by the local CSB will be required. ISSUES mo Compliance with State Code Services to Citizens C. Financial Honorable Mayor & Members of City Council Page 3 September 8, 1998 IV. ALTERNATIVES mo Adopt the attached resolution desi~ating Blue Ridge Community Services as an Operating Community Services Board and approve the attached performance contract between Blue Ridge Community Services and the Commonwealth for submittal to the Commonwealth. 1. Roanoke City will be in compliance with the Code of Virginia Services to citizens with mental health, mental retardation, and substance abuse with not be interrupted. No financial impact as the local contribution to Blue Ridge Community Services is included in the annual budget of the City and no new appropriation of money is required. Do not adopt the attached resolution desi~ating Blue Ridge Community Services as an Operating Communi _ty Services Board and do not approve the attached performance contract for submittal to the Commonwealth of Virginia. 1. Roanoke City will not be in compliance with the Code of Virginia 2. Services to Roanoke Citizens may be interrupted. 3. Financial impact to Blue Ridge Community Services is unknown. V. RECOMMENDATION mo Ci_ty Council resolve to concur with Alternative A and adopt the attached resolution designating Blue Ridge Community Services as an Operating Community Services Board and approve the attached performance contract between Blue Ridge Community Services and the Commonwealth for submittal to the Commonwealth of Virginia as required by the Code of Virginia. WRH/GDR:gr Respectfully submitted, City Manager Wilbum C. Dibling, Jr., City Attomey Mary Parker, City Clerk James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Diane Akers, Budget Administrator Reverend William Lee, Community Services Board Bob Williams, Community Services Board Dr. Dolores Johns, Community Services Board Dr. Fred Roessel, Executive Director, BRCS RESOLUTION designating Blue Ridge Community Services as an Operating Community Services Board. WHEREAS, §37.1-194 of the Code of Virginia, 1950 as amended, requires each city and county to establish, singly or in combination, a community services board for the provision of mental health, mental retardation, and substance abuse services to its residents; and WHEREAS, the City of Roanoke has already established Blue Ridge Community Services pursuant to this statutory provision; and WHEREAS, §37.1-194 of the Code of Virginia as amended, further requires each city and county to designate, in consultation with its community services board, this board as an operating community services board, an administrative policy community services board, or a policy-advisory community services board with a local government department; and WHEREAS, Blue Ridge Community Services provided community mental health, mental retardation, and substance abuse services, directly through its own staff or through contacts with other providers; and WHEREAS, Blue Ridge Community Services conforms to the definition of an operating community services board that is contained in §37.1-194 of the Code of Virginia, 1950 as amended; NOW THEREFORE, BE IT RESOLVED, by the Roanoke City Council of the City of Roanoke, Virginia, that Blue Ridge Community services is hereby designated as an operating community services board with the powers and duties enumerated in §37.1- 197.A and §37,1-197.1 of the Code of Virginia, 1950 as amended. FY 1999 Community Services B6ard Performance Contract WH~R£^S, Title 37.1 of the Code of Virginia creates the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, hereinafter referred to as the Department, to ensure the delivery of publicly-funded services to citizens of the Common- wealth with mental illnesses, mental retardation, and substance abuse problems; and WHERE^S, § § 37. l-194 th~:ough 202. I of the Code of Virginia require every city and county to establish, singly or in combination with other jurisdictions, a community services board that plans and provides, directly or contractually, publicly-funded local mental health, mental retardation, and substance abuse services; and WHEREAS, § 37. I-198 of the Code of Virginia establishes ~his performance contract as the primary accountability and funding mechanism between the Department and each community services board; and WHEREAS, the Blue Ridge Community Services Community Services Board, hereinafter referred to as the Board, which, unless it is otherwise clear from the context or is stated, shall be construed to include the agency as well as its Board of Directors, is applying for the assistance provided under Chapter l0 of Title 37.1 of the Code of Virginia by submitting this performance contract to the Department in accordance with § 37.1-198 of the Code of Virginia; and WHEREAS, the Board is required to provide the Department with certain information about consumers, services, jointly developed outcome and performance measures, costs, and revenues; and WHEREAS, the Board desires to develop and implement improved procedures and a manage- ment information system capability to evaluate and enhance the quality, efficiency, and effectiveness of its services; Now THEREFORE, the Department and the Board enter into this performance contract for the delivery of services in a manner that ensures accountability for the Department and quality of care for consumers and, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 1. CONTRACT PERIOD. The term of this performance contract shall be State Fiscal Year (SFY) 1999, commencing On July I, 1998 and ending on June 30, 1999. SCOPE OF SERVICES. The Board agrees to provide the services set forth in Exhibit A, which includes all mental health, mental retardation, and substance abuse services operated or contracted for by the Board, except those funded completely on a capitated or other risk- sharing basis as described in paragraph 6.0. of this contract, that are partially or wholly 1. 6-30-98 bo Co do FY 1999 Communitv Services Bbard Performance Contract The Item 347 initiatives to which the preceding requirements apply include mental health census reduction funds for patients who have mental illness and mental retarda- tion ($1,584,519), funds for MR. Waiver services to support individuals ready for discharge ($1,250,000), and funds for individualized packages of services and supports for persons with mental illnesses who are not eligible for Medicaid ($750,000). If the Board receives allocations of funds from other initiatives in Item 347 of the 1998 Appropriation Act, include information about those services in this contract and the associated reports and in the separate hard copy forms in the contract and other reports that are necessary to enable information about them to be provided to the General Assembly. Impiement a local human rights plan that: 1. complies with the current Community Hum'an Rights Regulations promulgated by the State Mental Health, Mental Retarda- tion and Substance Abuse Services Board, 2. has been approved by the State Human Rights Committee, and 3. ensures the timely and equitable resolution of allegations of human rights violations. Report allegations of abuse, neglect, or other violations ora consumer's human rights by telephone or facsimile machine within one business day after receiving the allegation to the regional advocate who works with the Board. Participate in collaborative local and regional service and management information systems planning with state facilities, other community services boards, other public and private human services agencies, and the Department, as appropriate. In accor- dance with § 37.1-197 of the Code of Virginia, provide input into long-range planning activities conducted by the Department, including the Comprehensive State Plan Update for 2000-2006, required by § 37.1-48.1 of the Code of Virginia. Assist the Department in developing the criteria and protocols for implementing an unduplicated master community waiting list that will be maintained for priority populations begin- ning on January 1, 1999. Provide input into the comprehensive community and facility master plan being developed by the Department pursuant to Item 341 of the 1998 Appropriation Act. Participate in regional and statewide meetings convened by the Department. Working cooperatively with the Department, participate in managed care planning, projects, and initiatives enacted by the General Assembly. Cooperate with the Depart- ment to plan, and where applicable implement, the state hospital census manage- ment/managed care projects authorized by Item 347 of the 1998 Appropriation Act. Participate in regional and statewide managed care planning, projects, and initiatives developed and imp!emented jointly with the Department, including those associated with the Joint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation, and Substance Abuse Services. 3. 6-30-98 jo FY 1999 Community Services B~ard Performance Contract Participate in evaluation and jointly-developed outcome and performance measurement activities and in reviews of the Board's financial, reimbursement, procurement, human resources management (if the Board is an operating board), and management opera- tions conducted by the Department. Provide information and full access to records, including information about consumers, to' the extent permitted by law, regulation, and policy, that are necessary for the conduct of such evaluationsl activities, and reviews. Provide written responses to reports of these reviews and evaluations to the Depart- ment within 30 working days of receipt of such reports. Act on Department recom- mendations made in these reviews and evaluations and implement agreed-upon recommendations contained in the official reports of these reviews and evaluations in a timely manner. Particip_ate with the Department in developing consumer and family satisfaction survey instruments, implement these surveys, and report the results to the Depa. rtment. Comply with all requirements set forth in Title 37.1 of the Code of Virginia and any other applicable statutory and constitutional mandates, regulations, and policies, including State Mental Health, Mental Retardation and Substance Abuse Services Board policies. Satisfy the General Conditions in Exhibit B. Operate financial management, procurement, and contracting systems that are consis- tent with Financial Management Standards for CSBs, Accounts Receivable and Reimbursement Procedures, and CSB Procurement Procedures Manuals issued by the Department. If the Board is an operating board, operate a human resource management program that is consistent with state and federal statutes, regulations, and policies cited in EXhibits B and D. Provide a copy of the current position description, salary range and advertise- ment for the executive director's position when it becomes vacant to the Department for its review, pursuant to § 37.1-197 of the Code of Virginia. Submit a copy of the annually renewable contract for its executive director with this performance contract for the Department to ascertain compliance with § 37.1-197. Include a listing of the salary ranges of the executive director and senior management in Table 2 of the supplement submitted with this performance contract for the Department to review and approve pursuant to § 37.1-197. Provide a copy of the current position description or contract for the executive director to the Department for its use in developing the minimum qualifications required by § 37.1-197 of the Code of Virginia. Finally, submit a copy of the Board's employee grievance procedure to the Department for its review to assure the Board's compliance with § 15.2-1506 or -1507 and § 2.1-116.010 of the Code of Virginia. 5. 6-30-98 ro so to FY 1999 Community Services B'oard Performance Contract Defend or compromise, as appropriate, all claims, suits, actions, or proceedings arising from the Board's performance of this contract, it being expressly agreed that the Department shall not be liable for any judgement or settlement payment where liability is predicated solely on the alleged wrongful conduct of the Board, its officers, agents, subcontractors, or employees. Obtain and maintain sufficient liability insurance to cover claims for bodily injury and property damage. Obtain and maintain suitable administrative or directors and officers liability insurance. All parties handling funds must be bonded in accordance with local financial management policies. These responsibilities may be discharged by means of a proper and sufficient self-insurance program operated by the state or a city or county government. The Board shall provide a copy of any such policY or program to the Department upon request. Assure subcontractor compliance with the applicable provisions of Exhibits B and D and the preceding items: b, c, h, i, j, k, n, and o. Provide input to the Department as it establishes an appeals mechanism for community services board contractors, as recommended by the Joint Subcommittee Studying the Future Delivery of Publicly Funded Mental Health, Mental Retardation and Substance Abuse Services. Provide information in Exhibit A about the units of services offered, consumers served, and costs of and revenues for these services for direct and contractual Board services. Provide the information required in Exhibit D. Provide information in the performance contract supplements that are submitted at the same time as this contract. Follow the current Core Services Taxonomy, Community Services Reporting Require- ments, Human Resource Data Set, Prevention Data Base, and Individualized Client Data Elements IV when responding to reporting requirements jointly identified by the Boards and the Department. Maintain accurate information on consumers that the Board serves in the community and on its consumers being served in state facilities. Obtain and maintain automated management information systems, within available resources, capable of processing and reporting standardized consumer, service, encounter and outcome, financial, and personnel information based on these docu- ments. Advise the Department of the development or acquisition of automated information systems to assure their adequacy and compatibility with Department requirements. no Develop and maintain, in conjunction with the courts having jurisdiction in the political subdivisions served by the Board, cooperative plans that describe how the provisions of §§ 37.1-67.01 through 67.6 and related sections of the Code of Virginia pertaining to the involuntary admission process will be implemented. Plans shall also specify the services to be provided to consu,~, ers and must be reviewed annually by the courts and the Board. 7. 6-30-98 e ~ .FY 1999 Community Services B~ard Performance Contract raise and resolve with the Board concerns, issues, or disagreements about services · without adversely affecting their access to or receipt of appropriate types and amounts of current or future services from the Board. This dispute resolution mechanism is not intended to replace the human rights complaint process and will not be used to address allegations of human rights violations. Thi's mechanism must include consumer appeals to the Department if resolution cannot be achieved by the BOard. Once it has been designed and accepted by the Board and consumer and family advocacy groups and reviewed and approved by the Department, implement this local, sub-regional, or regional dispute.resolution mechanism no later than June 30, 1999 to fulfill the requirements of § 37.1-197 of the Code of Virginia. z. Provide opportunities and mechanisms for consumers of services, family members, and other.advocates to participate meaningfully in service planning and implementation, policy development, and decision making. Assist local government compliance with membership provisions in § 37.1-195 of the Code of Virginia by providing information to the city council(s) or board(s) of supervisors that established the Board about the numbers of consumers, family members, and elected and appointed local government officials appointed to the Board. DEPARTMENT RESPONSIBILITIES. The Department acknowledges and agrees to fulfill the following responsibilities. Provide the state general and federal funds displayed in Exhibit A to the Board. Disbursements of these funds shall be contingent on receipt of accurate, complete, and timely reports, identified in Exhibit C, from the Board. Payments shall be made in accordance with procedures described in the Community Services Board Performance Contract Process issued by the Department. State general funds will be adjusted periodically during the contract period to reflect the match required for Medicaid State Plan Option and MR Waiver fee collections. Make inpatient services available, if appropriate, through its mental health facilities and mental retardation training centers as needed by the residents of the Board's catchment area. Provide mutually agreed-upon consultation and technical assistance to the Board and its contractual programs about service development, financial management, human resource management, reimbursement, managed care, contracting and procurement, property management, risk management, licensure compliance, information manage- ment (including encounter and outcome data), quality improvement, quality assurance, board development and support, planning, evaluation, human rights, and prevention. 9. 6-3.3-98 mo FY 1999 Community Services B~ard Performance Contract where appropriate. Provide the results of these evaluations and reviews to the Board for its consideration and appropriate action. License or, where appropriate, certify the Board, its contractual programs, and other providers to render, services when the Board, its contractual programs, and other providers are in compliance with licensure regulations or, where appropriate, certifica- tion standards or criteria. Oo po Represent the interests of the mental health, mental retardation, and substance abuse treatment, habilitation, and prevention services system as a whole to assure equitable consideration of mental, as well as physical and environmental health in all health, social, and rehabilitative services planning, funding proposals, and activities at the state and federal levels. Use the Comprehensive State Plan, required by § 37.1-48.1 of the Code of Virginia, as a basis for the Department's biennium budget submissions made through the established executive branch budget development process. Provide a summary and analysis of the annual CSB Reports to the Board. Review the Board's financial, reimbursement, procurement, and contracting operations, using the Financial Management Standards for CSBs, Accounts Receivable and Reimbursement Procedures, and CSB Procurement Procedures Manuals issued by the Department and other applicable documents. Establish minimum qualifications for executive directors of community services boards and provide them to the Board. If the Board is an operating community services board, review its human resource management operations for compliance with the state and federal statutes, regulations, and policies cited in Exhibits B and D and review its employee grievance procedure for compliance with § 15.2-1506 or-1507 and § 2.1-116.010 of the Code of Virginia. If the Board is an operating board, review a copy of the annually renewable contract for its executive director to ascertain compliance with § 37.1-197 of the Code of Virginia and review and approve the salary ranges of the executive director and senior manage- ment, pursuant to § 37.1-197 of the Code and advise the Board of the results of these reviews. Review the organization and operations of the Board and its associated administrative support functions. Provide the results and recommendations of these reviews to the Board for its consideration and appropriate action and monitor the Board's implementation of agreed-upon recommendations contained in the official reports of these reviews. no Monitor implementation of the Board's local human rights plan and review the Board's quality assurance mechanisms. Convene a work group to identify the characteristics and components of an individual CSB, sub-regional, or regional dispute resolution mechanism; provide assistance to the Board for developing its dispute resolution 11. 6-30-98 · FY 1999 Community Services Board Performance Contract board, review the current position description and advertisement when the executive director's position becomes vacant for adherence to the minimum qualifications required by § 37.1-197 of the Code and advise the Board of the results of this review. Working cooperatively with the Board, participate in managed care planning, projects, and initiatives enacted by the General Assembly. Develop and implement plans, in cooperation with the Board, for the state hospital census management/managed care projects authorized by Item 347 in the 1998 Appropriation Act. Participate in regional and statewide managed care planning, projects, and initiatives developed and imple- mented jointly with the Board, as opportunities arise for such activities, including those associated with the Joint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation, and Substance Abuse Services. Provide guidance to the Board about and sponsor the development and implementation of a standardized management information system, as staff resources are available, that is capable of producing encounter and outcome data. Comply with applicable confidentiality and privacy protection statutes, rules, and regulations, including the provisions of § 37.1-197, subdivision 16, of the Code of Virginia, and disseminate information to the Board about confidentiality. yo Provide opportunities and mechanisms for consumers of services in the community and in state facilities, family members, and other advocates to participate meaningfully in service planning and implementation, policy development, and decision making. Monitor and assist the Board's efforts to assist local government compliance with the provisions in § 37. l-195 of the Code of Virginia regarding consumer and family member appointments. Develop and implement, with input from the Board, consumer and family satisfaction survey instruments, receive and analyze survey results provided by the Board, and provide the results of this analysis to the Board. SEVERABILITY. Each provision of this agreement is severable from the entire performance contract and the remaining provisions shall nevertheless remain in effect if any provision is declared invalid. COLLATERAL CONTRACTS. Where any inconsistency exists between this performance contract and provisions of collateral contractual agreements that are made a part of this contract by reference or otherwise, the provisions of this contract shall control. 13. 6-30-98 FY 1999 Community Services Bd~rd Performance Contract The committee will forward its written findings and recommendations to the Commissioner for final action within I0 days of the hearing. The Department will provide a copy of the findings and recommendations to the Board. The Department's response to the appeal will be forwarded to the Board within 10 days of receipt by the Commissioner of the committee's fi~dings and recommenda- tions. The time lines in this appeals process may be extended upon the mutual agreement of the Department and the Board. The Department agrees to compensate the Board for any services performed_under this contract prior to the date of actual termination of the contract or withdrawal of funds. This provision is also applicable to subcontractors. The remediation process referenced in § 3 7.1-198 of the Code of Virginia. is an informal procedure that will be used by the Department and the Board to address a particular situation or condition identified by the Department that may, if unresolved, result in termination of the contract, in accordance with the provisions of paragraph 10.b. of this contract. The details of this remediation process shall be included in Exhibit F with the description of the situation or condition and the performance measures that will document the resolution of the situation or condition. 11. COUNTERPARTS. This performance contract shall be executed in two counterparts, each of which will be deemed an original. IN WITNESS THEREOF, the Department and the Board have caused this performance contract to be executed by the following duly authorized officials. Virginia Department of Mental Health, Mental Retardation and Substance Blue R:i. dqe Commun±ty Services · Abuse Services Community Services Board By: Name: Richard E. Kellogg Title: Acting Commissioner Date: 15. Name: Susan J. Cloeter Title: Chairman Date: June 30, 1998 6-30-98 Mental Health Services Summary: Performance Contract Blue Ridge REVENUES FOR SERVICES DETAIL: 1,379,213 M~ General Funds 50,000 Regional Deaf Services NGRI - Discharge Assistance Waiting List 97,350 Residential Care/SMI M~/$A Jail Services PACT Indiv. Service Pkgs. One Time General Funds 27,844 Residential Services Direct Client: 51,309 Blue Cross: 18,948 Other Insurance: 19,204 Medicare: 39,684 Medicaid SPO: 2,109,413 Medicaid Clinic: 92,274 Medicaid OBRA: Medicaid Other: Local Gov't: 244,773 $$BG: Contributions: CHAMPU$: Courts: In-Kind: DRS Client: Other Local: 83,161 Schools: Other Fees: 605,919 Transfer (To)Prom: 63,000 Page A1 FY1999 COST OF SERVICES: 1. Personnel Expense: 2. Operating Expense 3. Program Support Exp.: 4. TOTAL Expenses $3,862,929 $1,074,254 $511,969 $5,449,152 2,606 102J27 149,100 146~00 PATH PATH Housing SWVMH Board FBG/SED C and A FBG/SM~ Other Federal Restricted Federal Federal Retained Earnings One Time Federal Funds Access Demo Project VA Comp Corem Care Shelter Plus St Retain Earnings 166,227 Other TOTAL REVENUES FOR SERVICES: STATE LOCAL FEES 1,554,407 327,93~ 2,999,751 FEDERAL OTI~R TOTAL 400,833 166,227 5,449,152 Mental Health Services Provided: 100 Emergency 310 Outpatient 315 Intensive In-Home 320 Ca~ Management 410 Day Treatment/Part. Hosp. 425 Rehabilitation 475 Alternative Day Support Atgmta 551 Supervised Scrvices 610 Prevenlion 8/18/98 EXHIBIT A: Form 11 100 Mental Health Service Hours Page A2 FY1999 Blue Ridge Core Service Subcategory Total Total Contract Cons. Annual Provider Service Service Work Service Hours/Cons. Number of FTgs Hrs. Hrs. Svc. FFE Conmmers Progl'am Personnel Operating Support Costs Costs Costs Total Unit Expenses Cost Consumers Svc. Hfs 100 Emergency 310 Outpatient 8.75 18,200 12,167 1,390.51 1,800 462,369 101,653 61,424 625,446 51.41 1,800 1,126,960 524,802 149,682 1,801,444 63.06 18.05 37,544 28,568 1,582.71 0 315 Intensive In-Home 15.00 31,200 20,742 1,382.80 I00 649,081 83,555 86,228 818,864 39.48 320 Case Management 8.75 18,200 12,167 1,390.51 1,000 537,558 81,815 71,412 690,785 56.78 ol 475 Alternative Day Support Argmts 0.52 0 1,082 2,080.77 125 8,850 6,150 0 15,000 13.86 ol 610 Prevention 4.00 8,320 5,547 1,386.75 158,841 43,431 21,101 223,373 40.27 0 Report Date 7/27/98 EXHIBIT A: Form 12 100 Mental Health Bed Days Page A3 FY1999 Blue Ridge Core Service Subeategory Number Contract of Beds Bed Days Days/Per Number of Bed Consumers Personnel Costs Operating Costs Support Costs Total Expenses Unit Cost 551 Supervised Services 34.0 9,423 277.15 635 109,260 109,260 11.60 Report Date 7/27/98 Form 16: 100 Mental Health Page 1 FY 1999 Residential Care for Individuals with Serious Mental Illnesses CSB: BLUE RIDGE COMMUNITY SERVICES Service Information for Residential Care for Individuals with SMI Core Service Category/Subcategory No. Of Contract Static Consumers Units of aery. Capacig' 501 Highly Intensive Services Beds 521 Intensive Services Beds 551 Supervised Services 31 8,3 7 0 3 ~ Beds 581 Supportive Services FTEs TOTALS 31 8 3 7 0 Revenues for Residential Care for lndMduals with S~rlous Mental Illnesses Core Service State Local Other TOTAL Category/Subcategory · Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 97~350 97, ~ 50 581 Supportive Services TOTALS 97,350 0 0 97,350 Other Funds Revenue Detail (from prong table) Cor~ ,.~rv~ $~st~ Housing Federal Hous~g ~r ~r To~ O~er Cat~/Su~o~ ~b~ce ~h~ce ~n~ Funds 501 Hi~y ~t~ve Sv~ 521 ~t~ive S~c~ 551 Su~sed S~ 3o,535 ~o,~ 581 Su~ve S~c~ TOT~S o o 3o~535 ~o~35 EXHIBIT A:Form 13 Blue Ridge Core Service Subeategory 410 Day Treatmcnt/l~. Hosp. 100 Mental Health Day Support Hours Number Nmber of Days Hours of Slots Open Open/Day Page A4 FY1999 55.0 260.O Contract Day Program Day Support Support Number of Personnel Operating Support Total Unit Hours Hr~Slot Consumers Corn Costs Corn Expenses Cost 3 34,320 624.00 80 627,792 65,378 83,400 776,570 22.63 3 14,880 744.00 100 291,478 58,210 38,722 388,410 26.10 425 Rehabilitation 20.0 260.0 Report Date 7/27/98 Form 16: 100 Mental Health '- Page 2 FY 1999 Residential Care for Individuals with Serious Mental Illnesses CSB: BLUE RIDGE COMMUNITY SERVICES Populations Served inResldentlal Care for Individuals with Serious Mental Illnesses Persons with SMI Other Core Service Consumers TOTAL Category/Subcategor~ Facility Community (e.g., CSA) Consumers Discharges Walt List 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Supportive Services 21 1 o o 3 ~ TOTALS 2 1 1 0 0 3 1 Strategies for Implementing the Resldentitl Care for Individuals with S?,fI Core Service Implementation Strategies Category/Subcategory 551 Sqpervised Services Sponsored Placement~ Financial support for 31 beds in the community at 70% of the HUD Fair Market Rate for this area for a 1BR apartment w/ utilities. This will allow 31 consumers of PACT services, who do not have Section 8 Certificates, to live independently. A. portion of the State Funds will go into a Client Assistance Funas pool for security deposits, utility deposits, winter fuel assist ance, or similar residential service needs. Exhibit A': CSB: B~.UE Form 17 100 Mental Health FY 1999 Federal Block Grant RFP Contract Mental Health Services Detail RIDGE COMMUNITY SERVICES Mental Health Federal Block Grant RFP Revenues and Costs Core Service Cons. Serv. Category/Subcategory Revenues Costs FTEs 320 Case Management Services o o o 415 Therapeutic Day Treatment o .. o o 460 Transitional/Supported Employment o o o 475 Alternative Day Support Arrangements o o o 581 SUpportive Residential Services o o o 620 Early Intervention Services o o o TOTALS o o o Mental Health Federal Block Grant RFP Consumers and Services Core Service No. of Contract Units Static Category/Subcntegory Consumers of Service Capacity. 320 Case Management Se~iees o o NA 415 Theral~.utic Day Trident 0 0 460 TransitionaYS~F-.mployment o o NA _ 475 Alternative Day Support Arrangements o o NA 581 Supportive Residential Services o o NA 620 Early Intervention Sexviecs o o NA CSBs that received an award of F&C-ral Block Grant funds in FY 1997 through the Rea. gest for Proposal process that was continued for FY 1998 mu.vt submit thtsform to the Office of Community Contracting with its other FY1999 CSB performance Contract pages information is used to identify and monitor the specific uses of those funds~ Form 19: 100 ~lental Health Page 1 FY 1999 Expanded Residential Services CSB: BLUE RIDGE COMMUNITY SERVICES Core Service Category/Subcategory No. Of contract static Consumers Units of Serv. Capacity 501 Highly Intensive Services Beds 521 Intensive Services Beds 551 Supervised Services 31 ~ 5 5 2 Beds 581 Supportive Services 20 7oo .5 ~TEs TOTALS 5 ~ Core Service State Local Other TOTAL Category/Subcategory Funds Match Funds Funds 501 Highly Intensive 521 Iateasive Services 551 Supervised Services ~ 3 ~ 9 2 2 0 0 1 3, q 5 81 Supportive S~n'vices 1 3,9 2 2 0 O 13 ? 9 2 2 TOTALS 27,844 0 0 27. Populations to be Served by the Expanded Residential Service(s) For e_~ic-h t~siden*isl services subcategory, list the population(s) that will be seTved: 501 HiEhly Intma,sive Servic, ea 521 Intensive Sm'vic~ 551 SuI:~mwised Servic~ 581 Supportive Services SED children, adolescents, and their families Adults with SMI, at risk of homelessness Form 19:. 100 Mental Health Page 2 Expanded Residential Services FY 1999 CSB: BLUE RIDGE COMMUNITY SERVICES Strategies for Implementing the Expanded Residential Service(s) Subcategory Implementation Strategies 501 Highly Intensive 521 Intemive Services 551 Sul:~'rvised Services Propose to purchase residential respite beds from another program within the agency, on an "as available" basis. Could provide up to 30 families with 5 days respite each. 581Suppor~veS~'vi~ Fund .5 FTE position to manage a caseload of SMI adults at risk of becoming homeless. Inclu payee servic'es as well as other supports to maintain'independent living situations. ~s BLUE RIDGE COMMUNITY SERVICES PROGRAM FOR ASSERTIVE COMMUNITY TREATMENT IMPLEMENTATION PLAN: Summer, 1998 Blue Ridge Community Services has been selected as one of five sites to receive funding to develop a Program for Assertive Community Treatment (PACT). In compliance with the expectation of an October 1,1998, start date, the following plan has been developed for approval. ORGANIZATIONAL PLACEMENT: The program will become part of the Division of Mental Health Adult Services component. It will join the Adult Services' array of programs which includes Crisis Services, Community Resource Management, Patterson Counseling Center, Psychiatric Services and Mountain House. Clubhouse. The Program Coordinator will report to the Adult Services' Service Director who reports to the Director of the Division of Mental Health. SITE: A site has been selected for the offices which will be located at 1313 Maple Avenue, Roanoke, Virginia. The offices will be used for administrative and clinical supervision activities. Site-based services will be limited inasmuch as services are predominantly provided in the community. The office will be equipped with adequate furnishings including a desktop computer and several notebook computers for the clinical staff. STAFFING: PACT programming will be available 16 hours daily Monday through Friday and eight hours on both Saturday and Sunday. Staff will be accessible by beeper when program not open. The job description of the Coordinator has been developed and the position is being advertised on May 31 and June 7 in the newspapers in Roanoke, Richmond, Norfolk and Madison, Wisconsin. The credentials sought for this position are either an LCSW or MSN with substantial psychiatric experience along with administrative experience. In addition to the Program Coordinator, two Mental Health Therapists (LCSW, LPC, or MSW) one of which will be designated Team Leader, two Registered Nurses, two Case Managers, one Consumer and one clerical positions will be advertised July 1. Along with academic credentials, the successful candidates for these positions will have significant experience in mental health and substance abuse along with knowledge of community. The requirements for the success of this program include an interest in non-traditional treatment modalities and high levels of energy and charisma. It is expected that the Program Coordinator will be hired and in place by July 15 and will be able to proceed with the interviewing process for the balance of the PACT team. The Team should be complete by September 1. Two avenues are being pursued for the addition of a half-time psychiatrist. One is to hire from existing consultant staff or others known locally. The other is to recruit through a physician placement agency. If the former proves fruitless, the second will be pursued. In any case, the plan is to have a psychiatrist on board no later than August 1. Training and team building will be scheduled in September. Team building activities will be provided through the Blue Ridge Community Services Prevention Plus program in the Substance Abuse Division. First Aid, CPR and Mandt (or another Dept. of Mental Health, Mental Retardation and Substance Abuse Services approved physical intervention program) will also be provided. Further training opportunities are yet to be developed. CASELOAD/IMPACT ON HOSPITAL UTILIZATION: The caseload for the PACT team will be composed of individuals with serious mental illness. A significant number of the consumers on the PACT caseload will be dually diagnosed with mental illness and substance abuse problems. Individuals who have a high number of admissions to state and local hospitals, have a high incidence of incarceration in local jails, or who are high risks for homelessness will be targeted from the community. In addition, those individuals who are in long term beds at state facilities are being evaluated for discharge through the PACT team. The target of reducing the Average Daily Census in state hospitals for the Roanoke Valley by eight is realistic for the first year. The Clinical Directors at Southwest Virginia Mental Health Institute and Catawba Hospital are evaluating their admissions for individuals in this target population. The Hospital Liaison from Blue Ridge Community Services is evaluating the long term patients at Southwest Virginia Mental Health Institute, Western State Hospital and on the short term unit at Catawba for discharge. In addition, the Director of the Community Diversion Incentive program in the Roanoke Court system is developing a list of persons in the local jail system. It is anticipated that an average caseload of 80 people will be served by PACT. Half of the individuals should be Medicaid recipients in order to leverage the potential Medicaid SPO and Clinic Options. OTHER REVENUES: In addition to the PACT funds of $599,000, it is expected that the PACT team will be able to leverage other funds to support the team and the consumers. As indicated above, the plan is to have 50% of the caseload be Medicaid recipients. The use of Medicaid SPO, specifically, Case Management, Intensive Community Treatment, and Mental Health Supports, will produce additional revenue to support the program. The new residential funds designated to Blue Ridge Community Services will be divided equally between PACT and Child/Adolescent programs for CSA graduates. The $48,675 allocated to PACT will be used to develop and support housing arrangements for PACT consumers. Housing opportunities will be developed in collaboration with City of Roanoke Shelter Plus Care, SROs and Roanoke Redevelopment and Housing Authority. OTHER COLLABORATIONS: PACT will have access to six Evaluation Beds at Roanoke Memorial Rehabilitation Center for brief inpatient stabilization with the goal being to avoid admission to a State facility. When admission to a state hospital is unavoidable, PACT will be heavily involved in the brief treatment and rapid discharge of the PACT consumer. Positive relationships with these identified hospitals have been long standing. Mental Retardation Services Summary: Performance Contract Page A5 Blue Ridge REVENUES FOR SERVICES DETAIL: 1,069,223 MR General Funds 72,306 Waiting List 13,234 Residential Services 9,983 New Family Support One Time General Funds 0 Early Intervention 0 Indiv. Service Pkgs. Direct Client: 255,450 Blue Cross: Other Ins. 500 Medicare: 4,500 Medicaid SPO: 473,347 Medicaid Clinic: 8,000 Medicaid IL'F: Medicaid Waiver: 2,018,845 Medicaid OBRA: 500 Medicaid Other: 95,700 SSBG: Local Gov't: 143,361 CHAMPUS: Contributions: 58,605 DRS Client: In-Kind: Other Local: Schools: other Fees: 326,025 Transfer (To)From: -53,000 FY1999 COST OF SERVICES: 1. Personnel Exptnse: 2. Operating Expense 3. Program Suppol'~ Exp.: 4. TOTAL Expenses $3,232,211 $1,033,195 $405,917 $4,671,323 24,078 Child Day Care 0 Federal Early Intervention other Federal Restricted Federal One Time Federal Funds 60,044 90,622 State Retained Earnings Workshop Sales Other TOTAL REVENUES FOR SERVICES: STATE LOCAL FEES 1,164,746 201,966 3,129,867 FEDERAL 24,078 OTHER 150,666 TOTAL 4,671,323 Mental Retardation Services Provided: 320 Case Management 425 Rehabilitation 430 Sheltered Emp./Work Act. 460 Supported Employment 475 Alternative Day Support Argmts 501 Highly Intensive Services 521 Intensive Services 551 Supexvised Services 581 Supportive Services 587 Family Support 620 Early Intervention EXHIBIT A: Form 21 200 Mental Retardation Service Hours Page A6 FY1999 Blue Ridge Core Service Subcategory Total Total Contract Cons. Annual Provider Service Program Service Work Service Hour~Cons. Number of Personnel Operating Support Total Unit FFEs Hrs. Hrs. Svc. WFE Consumers Costs Costs Costs Expenses Cost Consumers Svc. Hfs 320 Case Management 13.50 28,080 18,708 1,385.78 680 645,157 106,576 91,285 843,018 45.06 0 460 Supported Employment 3,058 0.00 45 0 98,106 0 98,106 32.08 ol 475 Alternative Day Support Argmts 3.84 7,987 7,975 2,076.82 275 45,832 20,567 0 66,399 8.33 ol 581 Supportivc Services 6.50 13,520 23,770 3,656.92 200 312,650 164,810 41,427 518,887 21.83 587 Family Support 1.00 175 43,776 91,936 0 135,712 0 ol 620 Early Intervention 2.50 4,875 2,665 1,066.00 50 122,886 0 0 122,886 46.11 0 Report Date 7/27/98 EXHIBIT A: Form 22 200 Mental Retardation Bed Days Page A7 FY1999 Blue Ridge Bed Program Number Contract Days/Per Number of Personnel Operating Support Total Unit Core Service Subcategory of Beds Bed Days Bed Consumers Costs Costs Costs Expenses Cost 501 Highly Intensive S~rvic~s 29.0 10,405 358.79 35 1,347,599 251,859 178,558 1,778,016 170.88 521 Intensive Sentic. es 16.0 5,780 361.25 18 422,221 97,860 55,945 576,026 99.66 551 Sup~rvis~ Services 6.0 2,398 399.67 24 119,076 22,996 15,777 157,849 65.83 Report Date 7/27/98 EXIIlBIT A~Form ~ Blue Ridge 200 Mental Retardation Day Support Hours Page A8 FY1999 Number Contract Day Program Number of Days Hours Day Support Support Number of Personnel Operating Support Total Unit Core Service Subcategory of Slots Open Open/Day Hours Hfs/Slot Consumers Costs Costs Costs Exl)enses Cost 425 Rehnbilitation 80.0 240.0 4 19,824 247.80 125 173,014 44,893 22,925 240,832 12.15 Date 7/27/98 EXtllBIT A:Fom 23-A 200 Mental Retardation Days of Service Page A8-1 FY1999 Blue Ridge Core Service Subcategory 430 Sheltered Emp./Work Act. Number of Slots Number Contract Days Days of Days of Number of O0en Service Srv/Slot Consumers Personnel Operating Support Total Costs Costs Costs Expenses 18 240 4,320 240.00 24 0 133,592 0 133,592 Unit Cost 30.92 Report Date 7/27/98 ~.For.m 29: 200 Mental Retardation -,,Pa~'e I FY 1999 Expanded Residential Services CSB: Blue Ridg~ Community Services Core Service Category/Subcategory 'No. of Contract static Consumers Units of Serv. Capacity 501 Highly Intensive Services Beds 521 Intensive Services Beds 551 Supervised Services Beds 581 Supportive Services FTEs TOTALS 3 1,524 ll~ Core Service State Local Other TOTAL Category/Subcategory Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 58t Supportive Services 13,234 14,200 27,434 TOTALS 13,234 14,200 27,434 Populations to be Served by the Expanded Residential Service(s) For each residential services ~bcategory, list the population(s) that will be served: 501 Highly Intensive Services 521 Intensive Services 551 Supervised Services 581 Suppor~ve Services Medicaid Waiver consumers support services. needing expanded in-home Form 29: 200 Mental Retardation" Expanded Residential Services Page 2 FY 1999 CSB: Blue'Ridge Community Services Subcategory 501 Highly Intensive 521 Intensive Services 551 Sup~arised Services 581 Supportive Services Strategies for Implementing the Expanded Residential Service(s) Implementation Strategies Increase residential options for individuals eligible. for institutional care by using state funds as match for federal Medicaid Waiver revenues. Fiscal Year 1999 CSB Performance Contract Supplement TABLE 4: Projected FY 1999 Mental Retardation Revenues not Included in CSB Performance Contract CSB Name: Blue Ridge Community Services Date: June 30, 1998 1. 2. I 3. 4. 5. 6. 7. 8. SpecificI Non-Match Other TOTAL Core Service(s) No. of Revenue Source .Amount Loc. Gov't Fees Revenues Revenues Subcatcgory(ies) Clients 1. Section 8 Ccrtific~_!¢~ 2. HUD Housing L ~oan~ 3~ Federal GragtS:- Early Intervention 4. Better Beginnings SGF ' . 5. CSA Stat= G~___eral F, ma* . · 6. Othc'r Slate Agency Fund~: Early Intervention ~ 7. Non-matched Local Government Funds 8. Private Provider MR Medicaid Waiver Fees 1565414 ~ ~ 9. Other Funds: Substance Abuse Services Summary: Performance Contract BI'& Ridge REVENUES FOR SERVICES DETAIL: 1,345,961 SA General Funds Greenstreet Crisis St abilizationfDiversion 22,224 Residential Services 70,224 MH]SA Jail Services SA Census Diversion ' One Time General Funds 31,075 Res Afl) Trot. Prisoners 0 Indiv. Service Pkga Local Gov't: Contributiozl~: l~-Itind: Other Local: Direct Client: Blue Cross: Other Ins. Medicare: Medicaid SPO: Medicaid Clinic: Medicaid Other: SSBG: SARPOS: 154,460 CtlA~US: 53,705 ASAP: Courts: 7,950 DRS Client: Schools: Other Fees: Transfer (To)From: COST OF SERVICES: 1. Personnel Expense: 2. Operating Expense 3. Program Support Exp.: 4. TOTAL Expenses Page A9 FY1999 507,311 500,837 178,000 39,288 240,677 80,065 2,000 80,000 20,000 39,208 130,000 0 88,684 269,352 0 350,547 -1 $3,170,223 $660,609 $370,736 $4~01,568 SA Alcohol FBG SA Drug FBG SA Primary Prevention FBG SA SARPOS FBG SA HIV/AIDS FBG FBG LINK - Treatment FBG LINK - Prevention SA SSI Treatment FBG Other Federal Restricted Federal Federal Retained Earning One Time Federal Funds HIV Counselors Fed Res A/D Tmt Prisoners RBHA Res A/D St~ Retain Earning Other TOTAL REVENUES FOR SERVICES: STATE LOCAL 1,469,484 216,115 FEES FEDERAL 781,187 1,734,782 OTtlgR TOTAL 4,201,568 Substance Abuse Services Provided: 310 Outlmti~t 320 Case Management 410 Day Tremtmcnt/Part. Hosp. 501 HiEhly Intensive Services 521 Intensive Scrviee~ 610 Prevention RI1R/C}R EXFIIB1T A: Form 31 300 Substance Abuse Service Flours Page Al0 FY1999 Blue Ridge Core ServiCe Subcategory 310 Outpatient Total Total Contract Cons. Annual Provider Service Program Service Work Service Hours/Cons. Number of Personnel Operating Support FrEs Hrs. Hrs. Svc. FFE Consumers Costs Costs Costs 13.50 28,080 18,968 1,405.04 821 776,749 96,865 95,636 Total Unit Consumers Expenses Cost Svc. Hrs 969,250 51.10 0 320 Cnse Management 10.00 20,800 14,048 1,404.80 638 603,452 86,319 73,115 762,886 54.31 610 Prevention 5.50 11,440 7,727 1,404.91 45 344,969 40,392 42,197 427,558 55.33 0 [ Report Date 7/27/98 EXHIBIT A: Form 32 300 Substance Abuse Bed Days Page All FY1999 Blue Ridge Core Service Subcategory 501 Highly Intensiv~ Services Number Contract Days/Per Number of of Beds Bed Days Bed Consumers Personnel Operating Costs Costs Progrm Support com 10.0 2,474 247.40 568 419,800 53,655 51,896 Total Expenses 525,351 Unit Cost 212.35 521 Intensive Services 47.0 15,224 323.91 352 744,948 351,108 73,993 1,170,049 76.861 Report Date 7/27/98 Blue Ridge Core Service Subcategory 300 Substance Abuse Day Support Hours Number Contract Day Program Number of Days Hours Day Support Support Number of Personnel Operating Support Total of Slots Open Open/Day Hours Hfs/Slot Consumers Costs Costs Costs Expenses Page Al2 FY1999 Unit Cost 410 Day Treatmcn~Part. Hosp. 59.0 255.0 35,679 604.73 188 280,305 32,270 33,899 346,474 9.71 Report Date 7/27/98 Exhibit A: Form~37 300 Substance Abuse FY 1999 Federal Block Grant RFP Contract Substance Abuse Services Detail Substance Abuse Federal Block Grant RFP Revenues and Costs Core Service Consumer Category/Subcategory Revenues Costa Service FTEs 310 Outpatient Services 0 o o 320 Case Management Services ~) o o TOTALS ~ 0 o Substance Abuse Federal Block Grant RFP Consumers and Services Core Service No. of Contract Units Static Category/Subcategory Consumers of Service Capacity 310 Outpatient Services NA 320 Case Management Services NA TOTALS CSBs that received an award of Federal Block Crrmat funds in FY 1997 through the Request for Proposal proceaa that waa continued for FY 1998 must submit thisfor~ to the 02Bce of Community Comr~g with its other FY1999 CSB Performance Contract pages. This information is u~d to idd-Mtify and monitor the specific usea of those funds. Form 38: 300 Substance Abuse Expanded Services/Waiting List Funding FY 1999 CSB: Blue Ridge Community Services · . State No. Of Contract ; Core Service Category/,Subcategory Funds Consumers Units of Sem'. 100 Emergency Services 310 Outpatient Services 320 Case Management 330 Methadone Detox 340 Methadone Maintenance 460 Transitional/Supported Employment 475 Alternative Day Support Arrangements 581 Supportive Residential Services 610 Prevention Services NA 620 Early Intervention Services TOTALS O 9 0 Core Service State No. Of Contract Static Category/Subcategory Funds Consumers Units of Serv. Capacity 250 Local Inpatient Services 260 Comm. Hosp-Based Detox 501 Highly Intensive Services 52I Intensive Services 551 Supervised Services 410 Day Treatment/Part. Hosp. 425 Rehabilitation Services 430 Sheltered Employment 465 Supt. Employment-Group o o o I ~ TOTALS Form'39: 300 Substance Abuse Page I FY 1999 ExPanded Residential Services CSB: Blue Ridge Community Services Core Service Category/Subcategory No. Of Contract Static Consumers Units of Serv. Capacity 501 Highly Intensive Services Beds Beds 521 Intensive Services 6 ~9 Z ~. s 551 Supervised Services Beds 581 Supportive Services FTEs TOTALS .~,.~,~_.----.&g.L,~. Core Service State Local Other TOTAL Category/Subcategory Funds Match Funds Funds 501 Highly Intensive Services 521 Intensive Services $ 2 2.2 2 4 S ? ? ? ?/, 551 Supervised Services 581 Supportiv. e Services TOTALS $22;224 ,~?? ??a Populations to be Served by the Expanded Residential Service(s) For each residential services subcategory, list the population(s) that will be served: 501 Highly Intensive Services 521 Intc-nsive Services 551 Supervised Services Adults.needing long-term treatment 90 days or more of Supportive Services Form '39: 300 SUbstance Abuse Expanded Residential Services Page 2 FY 1999 CSB: Blue Ridge Community Serviqes Strategies for Implementing the Expaaded Residential Service(s) Subcategory 501 Highly Intensive lmplemeatatloa Strategies 521 Intensive Services Funds reimburse bed day expense in a long- term therapeutic community setting for 1.5 clients/day who otherwise have no source of income. 551 Supervised Services 581 Supportive Services Form 40 ADMINISTRATION - Performance Contract Page Al3-1 Blue Ridge BUDGET TYPE: Program Support FY1999 TOTAL REVENUES 1. State Administration Funds: 2. Local Government: 3. Contributions: 4. In-Kind: 5. Other: 6. TOTAL local matching funds: 7. Fees: 8. State Retained Earnings: 9. Other miscellaneous revenues: 10. TOTAL REVENUE 0 0 0 0 0 0 6,000 0 0 6,000 TOTAL COST 1. Personnel Expense: 2. Operating Expense: 3. TOTAL Expense: 4. Less Program Support Exlx 5. TOTAL Net Expenses: 987,871 306,750 1,294,621 13288,621 6,000 Report Date 8/18/98 Form 40 ADMINISTRATION - Performance Contract Page Al3 Blue Ridge BUDGET TYPE: Administration FY1999 TOTAL REVENUES 1. State Administration Funds: 2. Local Government: 3. Contributions: 4. In-Kind: -~. Other: 6. TOTAL local matching funds: 7. Fee~: 8. State Retained Earnings: 9. Other miscellaneous revenues: 10. TOTAL REVENUE 263,779 44,4O4 0 0 0 44,4O4 0 0 0 308,183 TOTAL COST 1. Personnel Expense: 2. Operating Expense: 3. TOTAL Expense: 4. Less Program Support Exl~ .~ TOTAL Net Expenses: 250~342 57,841 308,183 0 308,183 Report Date 8/18/98 FY 1999 Community Services B'~ard Performance Contract Exhibit B: General Conditions The Board must satisfy these General Conditions to receive funds provided by the Depart- ment. Conditions preceded by asterisks also apply to contract agencies and other organiza- tions, which provide services that are the subject of this performance .contract and are paid for with funds provided by the Department through this contract. GENERAL ADMINISTRATION *2. The Board must be constituted legally, in accordance with 99 37.1-195 and - 196 of the Code of Virginia, and its.operation must be governed by a set of bylaws that is reviewed and updated periodically (at least every four years) by the Board of Directors. In accordance with the Equal Pay Act of 1963, Title VI of the Civil Rights 'Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Virginians With Disabilities Act, the Civil Rights Act of 1991, and other federal and state mandates, no person will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in services operated or funded by the Board on the grounds of race, color, national origin, age, gender, or disability. The Board must comply with applicable state and federal statutes and regulations; State Mental Health, Mental Retardation and Substance Abuse Services Board regulations and policies; and Department policies, procedures, and instructions including: a. Community Mental Health, Mental Retardation and Substance Abuse Services, § 9 37.1-194 through 202.1 of the Code of Virginia; b. State and Local Government Conflict of Interests Act, §92.1- 639.1 through -639.24; c. Virginia Freedom of Information Act, 99 2.1-340.1 through -346.1, including its notice of meeting and pubic meeting provisions; d. Privacy Protection Act, §9 2.1-377 through -386; e. Virginia Public Procurement Act, §9 11-35 through 11-80; f. Disclosure of Patient Information to Third Party Payors by Professionals, § 9 37.1-225 through -233; g. Substance Abuse Services, §§ 37.1-203 through -223 of the Code of Virginia; h. Other applicable provisions of Title 37.1 of the Code of Virginia; i. Confidentiality of Alcohol and Substance Abuse Records, 42 C.F.R. Part 2; j. Human Rights and Licensure Regulations; k. Procedures for Continuity of Care Between Community Services Boards and State Psychiatric Facilities; and 1. Applicable provisions of the 1998 Appropriation Act. o *6. e FY 1999 Community. Services B~ard PerformanCe Contract Exhibit B: General Conditions Board policies and procedures must exist for decision-making and program operations. The Board of Directors must monitor direct and contractual service and program opera- tions through regular service and financial repons, CPA audits, and periodic evaluations. The Board and its contract agencies must comply with § 1352 of Public Law 101-121, which prohibits the use of federal Mental Health Services and Substance Abuse Preven- tion and Treatment Block Grant funds for lobbying Congress or any federal agency in connection with the award of a particular contract, grant, cooperative agreement, or loan and requires disclosure of federal lobbying activity supported by other funds. The Board may not employ illegal alien workers or otherwise violate provisions of the federal Immigration Reform and Control Act of 1986. The Board must prohibit the unlawful or unauthorized use, manufacture, distribution, dispensation or possession of alcohol or other drags and impairment or incapacitation from the use of alcohol or other drugs in its work places and by its employees. The Board of Directors must maintain a formal record of its deliberations and actions, normally kept as written minutes. Those minutes must reflect the actions required by the Virginia Freedom of Information Act to enter into and exit from executive sessions. The Board must provide copies of its meeting announcements and minutes, long range plans, and annual reports to the Department in a timely manner. FINANCIAL MANAGEMENT *1. *2. The financial management/accounting system must operate and produce financial statements and reports in accordance with Generally Accepted Accounting Principles (GAAP). It must include necessary personnel and financial records and a fixed assets system. It must provide for the practice of fund accounting and adhere to cost account- ing guidelines issued by the Department. The Board must inform the Department about the acquisition of any automated financial management information system to assure its adequacy and compatibility regarding Department requirements. An annual audit of the Board must be conducted by independent certified public accountants. Copies of the audit and the accompanying management letter must be provided to the Department and to each local government that established the Board. The Board should obtain an unqualified audit opinion. Deficiencies and exceptions 2. 6-30-98 *3. *4. FY 1999 Community Services B'~ard Performance Contract Exhibit B: General Conditions noted in the audit or management letter must be resolved or corrected within a reason- able period of time, mutually agreed-upon by the Board and the Department. If the Board is not a city or county department, it must publish a statement of financial condition in a local newspaper, as required by § 2.1-164 of the Code of Virginia. Audit requirements of the Department and the federal government must be satisfied as a condition for the receipt of federal funds. Employees with financial.responsibilities must be bonded in accordance with local financial management policies. This responsibility may be discharged by means of a proper, and sufficient self-insurance program operated by the state or a city or county government. o *6. *7. o A written, legally enforceable contract must exist in support of any funding provided by the Board to any contract agency. A written, legally enforceable contract must exist in support of any services provided by the Board to a health maintenance organization or other managed care organization that pays for services on a capitated or other risk- shafing basis, requiring the Board to assume any unfunded liability for the care of all enrolled members. The Board shall provide a copy of the contract to the Department upon request. Written fiscal policies and procedures must conform to applicable State Board policies and Departmental policies and procedures, contained in the Financial Management Standards for CSBs Manual issued by the Department. Federal Mental Health Services and Substance Abuse Prevention and Treatment Block Grant funds must not be used for inpatient services or mental health residential services, cash payments to consumers, land purchase, construction, permanent improvements (other than minor remodeling), satisfying requirements for expenditure of non-federal funds or providing financial assistance to any entity other than a public or private non- profit entity. The Board must submit its performance contract to its local government(s) for review and approval, pursuant to § 37.1-198 of the Code of Virginia. 3. 6-30-98 FY 1999 Community Services B'~ard Performance Contract Exhibit B: General Conditions Hu.~l~.~ RI~souI~CE M~X~AGV. MWNT *l. *2. *3. o Written human resource management policies and procedures must include a classifica- tion plan and a uniform employee pay plan and address: benefits, progressive discipline (standards of conduct), professional conduct, employee ethics, conflicts of interest, employee performance evaluation, equal employment opportunity, employee grievances, hours of work, leave, outside employment, recruitment and selection, transfer and promotion, termination and layoff, travel, initial employee orientation, examinations, employee-Board contact protocol, and on-the-job expenses. If the Board is an operating community services board, policies must be reviewed and revised by the Board of Directors as necessary and at least every four years. If the Board is an administrative policy community services board, policies must be reviewed and revised in accordance with local government requirements. Written, up-to-date job descriptions that include identified essential functions, explicit responsibilities, and qualification statements, expressed in terms oflcnowledges, skills, and abilities as well as business necessity and bona fide occupational qualifications or requirements, must exist for all positions. If the Board is an operating community services board, job descriptions must be reviewed and revised as necessary whenever the position becomes vacant, the classification plan is revised, or at least every two years. If the Board is an administrative policy community services board, job descriptions must be reviewed and revised in accordance with local government requirements. In accordance with the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Act of 1974, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990, the Virginians With Disabilities Act, the Virginia Fair Employment Act of 1975, Federal Executive Orders 11246 and 11375, federal Uniform Guidelines on Employee Selection, and other federal and state man- dates, equal opportunity in all aspects of the management of employment practices and policies must exist for all employees and applicants for employment, without regard to race, color, religion,, national origin, political affiliation, age, gender, or disability. If the Board is an operating community services board, its grievance procedure must satisfy § 15.2-1506 or-1507 and § 2.1-I 16.010 of the Code of Virginia. The Board or the local government, ~f the Board is an administrative policy community., services board, has adopted a uniform pay plan in accordance with § 15.2-1506 of the Code of Virginia and the Equal Pay Act of 1963. 4. 6-30-98 · FY 1999 Community Services Board Performance Contract Exhibit B: General Conditions REIMBURSEMENT *1. *2. *3. *4. *5. Appropriate services may not be denied to individuals solely because of their inability to pay for such services. The reimbursement system must comply with §§ 37.1-197, 37.1-202.1, and 20-61 of the Code of Virginia. Its operation must be described in organizational charts identifying all staff members, flow charts, and specific job descriptions for all personnel involved in the reimbursement system. ' Written fee collection policies and procedures must be adequate to maximize revenues from consumers and responsible third party payors. A schedule of charges must exist for all services, be related reasonably to the cost of the services, and be applicable to all recipients of the services. A method, approved by the Board of Directors, that complies with applicable state and federal regulations must be used to evaluate the ability of each consumer to pay fees for the services he or she receives. PROCUREMENT Written procurement policies and procedures must be in effect that address internal procurement responsibilities, small purchases and dollar thresholds, ethics, and disposal of surplus property. These written policies and procedures must conform to the Virginia Public Procurement Act, §§ 11-35 through 80 of the Code of Virginia. Written procurement policies and procedures relating to vendors must be in effect that address how to sell to the Board, procurement, default, and protests and appeals. These written policies and procedures must conform to the Virginia Public Procurement Act. The Board must adhere to the applicable provisions of the Virginia Public Procurement Act and regulations promulgated pursuant to it regarding procurement, surplus property, and risk management. These requirements are set forth in the current CSB Procurement Manual. 5. 6-30-98 FY 1999 Community Services B6ard Performance Contract Exhibit B: General Conditions SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT ADDENDUM The Board must comply, and assure subcontractor'compliance, with all relevant regulations in §§ 1921 to 1954 of the Public Health Services Act, 42 U.S.C. 300x-21-300x-35, including the folloWing requirements. Admit intravenous drug abusers or pregnant women to treatment within 14 days of their request for admission or within 145 days of their request if the program does not have sufficient capacity and interim services are provided within 48 hours of their request for admission. At a minimum, these interim services must include counseling and education about:. [] HIV and tuberculosis, [] the risks of needle sharing, [] risks of HIV/AIDS transmission to sexual panners and infants, and [] actions that can be taken to ensure that HIV transmission does not occur. Referral for HIV treatment services must be made if they are necessary. For pregnant women, interim services also include counseling about the effects of alcohol and drug use on the fetus and referrals for prenatal care. Establish outreach programs to encourage individuals in need of treatment for intravenous drug use to undergo such treatment. Give priority for admission to treatment to these populations: a. pregnant injecting drug users, b. pregnant substance abusers, c. other injecting drug users, and d. all others. Insure that continuing education about substance abuse treatment services and prevention activities is available to the staff who provide such services and activities. All staff must receive education about confidentiality requirements and be informed that disciplinary action may result from inappropriate disclosures. Make tuberculosis counseling, testing, and referral to treatment available to individuals seeking treatment for substance abuse. 6. 6-~0. -q8 FY 1999 Community Services B6'ard Performance Contract Exhibit B: General Conditions DISASTER RESPONSE AND EMERGENCY SERVICE PREPAREDNESS ADDENDUM The Board agrees to comply with Section 416 of Public Law 93-288 and §§ 44-146.13 through 146.28 of the Code of Virginia regarding disaster response and emergency service prepared- ness." Section 416 of P.L. 93-288 authorizes the State Office of Emergency Services to require the Department to comply with the Virginia Emergency Operations Plan, Annex II-F: Crisis Counseling and Emergency Mental Health Services for Victims of Peacetime Disasters. Annex II-F requires community services boards to comply with Department directives coordinating disaster responses to emergencies and to develop procedures for responding to major disasters. These procedures must address: 0 0 0 0 0 0 conducting preparedness training activities; designating staff to provide counseling; coordinating with state facilities in preparing Board emergency preparedness plans; providing crisis counseling and support to local agencies, including volunteer agencies; negotiating disaster response agreements with local governments and state facilities; and identifying community resources. FEDERAL EARLY INTERVENTION ADDENDUM The Board, as a condition for the receipt of state and federal early intervention funds, must comply with Public Law 105-17, Virginia Part C Policies and Procedures, §§ 2.1-760 through -768 of the Code of Virginia, and State Board Policy 4037 (CSB) 92-1. Public Law 105-17 authorizes the Department to provide funds for services under Part C of the Individuals with Disabilities Education Act (IDEA). The Board agrees to provide additional information requested by the Department, including funding reports due on January 31, April 30, July 31, and October 31, 1999. Continued receipt of state and federal early intervention funds by the Board will be contingent on receipt these reports and on the results of analyses of expenditure levels in them. If the Board is the fiscal agent, it must sign the Continuing Participation in Part C Contract. The Department will, in conjunction with Local Interagency Coordinating Councils, develop protocols for implementing the following services and activities supported by state and federal early intervention funds. 0 0 0 0 development of local interagency council operations; provision of direct services; system development; and administration of early intervention services. 7. 6-30-98 FY 1999 Community Services Board Performance Contract Exhibit C: Administrative Requirements and Standards BOARO REQUIREMENTS e Performance Contract Fourth quarter CSB Reports Federal Balance Report Quarterly CSB Reports 5. Audit Reports Federal Block Grant I.V. Drug Abuse Treatment Utilization Reports 7. Final Amended Performance Contract DE~'ARTM~NT REQUIREMENTS 1. Distribute Contract Package 2. Mail Letters of Notification 3. Distribute Perfornumc, e Contract and Report soRware 4. Electronic Data Interchange (EDI) transfer transmi~on for first payment 5. Process Contracts and amendments 6. Process payments on semi-monthly basis using EDI transfers Due Date June 26 September 1 October 30 45 calendar days al[er the end of the second and third quarters Specified in the Financial Management Standards for CSBs Manual Whenever any I.V. drug abuse treatment program receiving federal block grant funds reaches or exceeds 90 % of program capacity May 28 Due Date May 1 May 1 May 20 July 1 Within 20 working days of receipt Payments will flow automatically on a semi- monthly as long as reporting requirements are met. 1. 5-8-98 FY 1999 Community Services Board Performance Contract Exhibit C CONTRACT AND REPORTS ADMI~STRATIVE PERFORMANCE STANDARDS The Board agrees to meet the following administrative performance standards in submitting its Performance Contract, contract amendments, and CSB Reports to the Department. 1. The SFY 1999 Performance Contract and subsequent amendments submitted by the Board will be: a. complete: all required information is displayed in the correct places and all required Exhibits, Summaries, and Forms are included; b. consistent with Letter of Notification allocations or figures subsequently revised by or negotiated with the Department; c. prepared in accordance with instructions in the Performance Contract Package and the CARS-ACCESS software and any subsequent instructional memoranda; and' d. received by the due dates listed in this Exhibit. If these Performance Contract standards are not met, the Department may hold future semi- monthly payments of state-controlled funds until satisfactory performance is achieved. 2. The SFY 1999 second and third, and SFY 1998fourth quarter CSB Reports submitted by the Board will be: a. complete: all required information is displayed in the correct places, all required data are included in the electronic CARS-ACCESS application reports, and all required paper forms that gather information not included in the CARS-ACCESS are submitted; b. consistent with the state and federal block grant fund allocations in the Letter of Notification or figures subsequently revised by or negotiated with the Department; c. prepared in accordance with instructions; d. internally consistent and arithmetically accurate: all related costs and revenues and consumer data are consistent, congruent, and correct within a report, and the fourth quarter Report is not submitted until errors identified by the error checking program are corrected; and e. received by the tine dates listed in this Exhibit. If these standards are not met for the second or third quarter Reports, the Department may hold future payments of state-controlled funds until satisfactory performance is achieved. If the Board does not meet these standards for its fourth quarter Report, the Department may, pursuant to § 37.1-199 of the Code of Virginia, impose a one-time reduction of up 15 percent of the Board's FY' 1999 allocation of state funds for CSB administration. 2. 5-8-98 FY 1999 Community Services Board Performance Contract CONTRACT AND REPORTS ADMINISTRATIVE PERFORMANCE STANDARDS Unacceptable performance on standards 2.a. through c. may result in a total reduction of up to five percent. Failure to comply with both aspects of standard 2.d. will result in a five percent reduction. Failure to satisfy standard 2.e., unless extensions have been negotiated in accordance with the following process, will result in a five percent reduction. These reductions in the Board's FY 1999 allocation of state funds for CSB administration cannot be absorbed by or allocated or transferred to service or program budgets. Process for Obtaining an Extension of the SFY 1998 Fourth Quarter Report Due Date Extensions will be granted only in very exceptional situations (e.g., unanticipated staff, hardware, or software problems such as an MIS failure, a key staff person' s illness or accident, or a local government emergency that makes it impossible to meet the due date for the report). 1. It is the responsibility of the Board to seek, negotiate, obtain, and confirm the Depamnent's approval of an extension of the due date within the time fi'ames specified below. Failure of the Board to fulfill this responsibility constitutes primafacie acceptance by the Board of the resulting one time five percent reduction in state general funds for CSB administration. 2. As soon as the Board becomes aware that its fourth quarter Report cannot be submitted in time to be received in the Department by 5:00 p.m. on September 1, 1998, the Board's Executive Director must inform the Office of Community Contracting Director or the Community Contracting Administrator who works with the Board in writing that the Board is requesting an extension of this due date. This written request should be submitted as soon as possible and it must be in writing, completely describe the reason(s) and need for the extension, and state the date on which the Report will be received by the Department. 3. The written reque~t for an extension must be received in the Office of Commfnity Contract- ing no later tha~t 5:00' p.m. on August 27, 1998. A facsimile transmission of the request to the number used by the Community Contracting Office (804-371-0092), received by that time and date, is acceptable if receipt of the transmission is confirmed with a return fac- simile memo no later than noon on August 28 fxom the Community Contracting Director or Administrator. Telephone extension requests are not acceptable and will not be processed. 4. The Office of Community Contracting will act on all requests for due date extensions that are received in accordance this process and will notify the requesting CSBs by facsimile transmission of the status of their requests by 5:00 p.m. on August 28, 1998. 3. 5-8-98 FY 1999 Community Services Board Performance Contract Exhibit D COMMUNITY SERVICES BOARD i~iANAGE~NT Attached Documents: Place the completed documents behind this form, in the order listed below, and enter a check in the space below. ~1. Board of Directors Membership List $ ~ 2. CSB Organization Chart - the Chart should include at least the following levels: a. Local Government(s) that established the CSB b. Board of Directors - the members appointed by local government(s) c. Board Committees - should match the Board's bylaws d. Executive Director/Administration e. Program Area (MH, MR~ SA) Directors/Programs/Services f. Contract Agencies/Programs (where applicable) The organization chart should not include the Commonwealth of Virginia, the State Board or the Department. 3. Title VI Assurances v/ 4. Title VII/EEO Assurances Total Local Government Tax Appropriations Certification Regarding Lobbying Certification Regarding Salary ~ 8. Certification Regarding Environmental Tobacco Smoke Now included in the CARS-ACCESS software Test Case CSB FY1999 Community Services Board Performance Contract Exhibit D: Board of Directors Membership List Page D! Name Address Phone Number Start Date End Date XX 3tX,VA 222222222 YYYY YY,VA 222212221 · 7. ZZ,VA 222222223 Term No. ! ! Report Date 5/5/98 Blue Ridge FY1999 Community Services Board Performance Contract Exhibit D: Board of Directors Membership List Page D1 Name Address Phone Number Start Date End Date Term No. FERESA BEARD ROUTE 3, BOX 410 BUCHANAN, VA 24090 (540) 254-1211 4/1/97 12/31/99 1 ~USAN CLOETER 3633 LKARSON OAKS DR., SW ROANOKE,VA 24018 (540) 774-1975 1/1/94 12/31/99 2 ?AMELA COX 219 DALEWOOD AVE. SALEM, VA 24153 (540) 986-4361 1/1/94 12/31/99 2 ~ITA FOSTER 420 BLUE RIDGE SPRINGS BLUE RIDGE,VA 24090 (540) 473-2832 1/1/93 12/31/98 2 ANN FRANCIS 1914 WESTOVER AVE., SW ROANOKE, VA 24015 (540) 344-4547 1/1/94 12/31/00 2 RODNEY FURR 971 STONrEGATE DRIVE SALEM, VA 24153 (540) 389-4141 1/1/96 12/31/98 1 RITA GL1NIECKI 5217 HAWKBILL CIRCLE ROANOKE,VA 24014 (540) 774-4385 1/1/95 12/31/00 2 ~'OLLIER HARVEY 227 TAYLOR AVENUE SALEM,VA 24153 (540) 389-9904 1/1/95 12/31/00 2 DELORES JOHNS 1694 WESTSIDE BLVD., NW ROANOKE,VA 24017 (540) 853-6109 4/1/97 12/31/98 1 ROBERT LEE 3710 SOUTHWAY DRIVE, SW, APT. 54 ROANOKE,V (540) 981-0418 1/1/97 12/31/98 1 WILLIAM LEE 4139 APPLETON AVE., NW ROANOKE,VA 24017 (540) 362-2580 1/1/96 12/31/98 1 BONNIE POLLOCK 2123 WILDWOOD RD. SALEM, VA 24153 (540) 389-6492 1/1/97 12/31/99 1 SUSAN SCHEIBE 3857 HUMMINGBIRD LANE ROANOKE,VA 24018 (540) 989-5042 1/1/95 12/31/00 2 MEREDITH WAID PO BOX 164 FINCASTLE,VA 24090 (540) 473-2832 1/1/95 12/31/00 2 ROBERT WILLIAMS, JR. 3433 CLARA AVE., SW ROANOKE,VA 24018 4/1/97 12/31/99 1 SHIRLEY WOODALL ROUTE 1, BOX 2088 NEW CASTLE,VA 24127 (530) 544-7587 1/1/93 12/31/98 I Report Date 7/30/98 DIRECTOR Administration DIRECTOR Mental Health ROANOKE COUNTYI ICRAIG COUNTYI IROANOKE CITY IBOARD OF DIRECTORS EXECUTIVE DIRECTOR DIRECTOR Mental Retardation SALEM CITYI ............. ~ndinq BOTETOURT COUNTYI Commi ttee s 1. Executive 2. Budget & Finance 3. Community Relations 4. Mental Health 5. Mental Retardation 6. Substance Abuse 7. Personnel DIRECTOR Substance Abuse ServiCes Rev: 01/01/89 DIVI.~ON DilU~CTO~ It~SOURCE 3U'I'PATIENT & CRISIS ~._~e~ JNG { ROANOKE ~ I FAFT CO0~J)H4ATOR C ' CXXIRDINA'f{]~ REVISED OC-'I'OBF_R 96 DIVISION - BRCS [DIVISION DIRECTOR I D~~ I I COORDINATOR I GRAN'I~ MANAGER ~ AFFn-!~t'I~: BKI'I-IANY HALL I I COORDINATOR lOP ss DIVISION OF SUBSTANCE ABUSE SERVICES BLUE RIDGE COMMUNITY SERVICES ADMINISTRATION ACCOUNTING BUSINESS MANAGEMENT HEALTH INFORMATION MANAGEMENT DIRECTOR i I HUI~IAN RESOURCES PLANNING, EVALUATION, and MIS REIMBURSEMENT Rev: July 1994 FY 1999 Community Services' Board Performance Contract Exhibit D Title VI Assurances In accordance with the provisions of Title VI of the Civil Kights. Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Virginians With Disabilities Act, and the Civil Rights Act of 1991, regulations issued by the U.S. Department of Health and Human Services pursuant hereto, and other applicable legislation and regulations, the Blue Ridge ~ommunity Services Community Services Board, hereinafter referred to as the Board, gives notice that the services operated or funded by it are being and will continue to be operated in such a manner that no person will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under such services on the grounds of race, color, national origin, age, gender, or disability. The Board will periodically review its operating procedures and practices to insure continued conformance with applicable legislation, regulations, and orders related to non- discrimination in service delivery. Suitable notices of these assurances will be implemented in the services policies and practices of the Board and its direct and contractual services and posted in an area accessible to consumers in each of its facilities and contract programs. Any person having grounds to believe that any service operated or funded by this Board is discriminating against anyone on the basis of race, color, national origin, age, gender, or disability has the right to file a complaint with the Board, the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, or the Federal Granting Agency funding services of the Department and the Board. If filed with the Board, the complaint should be sent to the Executive Director's Office where it will be reviewed by a special committee appointed for that purpose. A final report of disposition will be sent to the complainant, the Department, and the Federal Granting Agency. Signed: ~ .~_[~/X_'. Susan J. Cloeter ~S,gnat~ Chairman Name of Board Chairman (Typed) ) Btat'd Date: June 30, 1998 FY 1999 Community Services Board Performance Contract Exhibit D Title VII/Equal Employment Opportunity Assurances In accordance with the provisions of the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Act of 1974, the Age Discrimination Act of 1975, the Americans With Disabilities Act of 1990, the Virginians With Disabilities Act, the Virginia Fair Employment Act of 1975, and the Civil Rights Act of 1991, regulations issued by the Federal Granting Agencies, Executive Orders 11246 and 11375, and other applicable legislation and regulations, the Blue Ridge Community Services Community Services Board, hereinafter referred to as the Board, gives notice that the services 6perated or funded by it afford equal opportunity in all aspects of the management of employment practices and policies without regard to race, color, religion, national origin, political affiliation, age, gender, or disability to all employees and applicants for employment. The Board will periodically review its operating procedures and practices to insure continued conformance with applicable legislation, regulations, and orders related to non- discrimination in employment practices. Suitable notices of these assurances will be imple- mented in the personnel policies and practices of the Board and its direct and contractual services andposted in an area accessible to applicants and employees in each of its facilities and contract programs. Any advertisements for new or vacant positions will include a statement that the Board and its services are equal opportunity employers. Any person having grounds to believe that any service operated or funded by this Board is discriminating against anyone in its employment practices on the basis of race, color, religion, national origin, political affiliation, age, gender, or disability has the right to file a complaint with the Board, the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, the Federal Granting Agency funding services of the Department and the Board, the United States Equal Employment Opportunity Commission, or the Virginia Council on Human Rights. If filed with the Board, the complaint should be sent to the Executive Director's Office where it will be reviewed by a special committee appointed for that purpose. A final report of disposition will be sent to the complainant, the Department, and the Federal Gran .ting Agency. Signed: ~, ~,~\~~~~-/~ Susan J. Cloeter Sig~re of ~Ch~ia'.rman Name of Board Chairman (Typed) Date: June 30, 1998 4. 5-8-98 Exhibit D Blue Ridge LOCAL GOVERNMENT TAX APPROPRIATIONS Performance Contract Cit~lCmm~ Tax Appropriation Page D5 FY1999 Salcm lh~oke C~ty 367,337 79,332 28,990 Craig County ~024 Contract Agencies 26,315 Total Local Government Tax Funds: Date 7/27/98 f~L~,~ ..~ I FY 1999 Community Services Board Performance Contract Exhibit D FEDERAL CERTIFICATION REGARDING LOBBY~G Substance Abuse Prevention and Treatment Block Grant Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the under- signed, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been'paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. '3. The undersigned shall require that the language of this certificatlon be included in the award docUments for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Official Authorized to Sign Certification Date: June 30 r 1998 TypodName Title: Executive Director For: Blue Ridqe Community Services Community Services Board or Affected Contract Agency 6. 5-8-98 FY 1999 Community Services Board Performance Contract Exhibit D Check One CERTIFICATION REGARDR~'G SALARY Substance Abuse Prevention and Treatment (SAPT).Block Grant We have no employees being paid totally or partially with SA.PT Block Grant funds at a rate in excess of $125,000 per year. The following employees were being paid totally or partially with SA.PT Block Grant funds at a rate in excess of $125,000 per year. Name Title By: Executive Director Date: June 30, 1998 For: Blue Ridge Community Services Name of Community Services Board or Applicable CSB Contract Agency 7. 5-8-98 FY 1999 Community Services ~tard Performance Contract Exhibit D Ci~RTIFICATION REGARDhNG ENVIRONMENTAL TOBACCO SMOKE Substance Abuse Prevention and Treatment (SAPT) Block Grant and Community Mental Health Services Block Grant Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by federal programs either directly or through State or local governments, by federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are constructed, operated, or maintained with such federal funds. The law does not apply to children's services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable federal funds is Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing this certification, the offeror/contractor (for acquisitions) or applicant/grantee (for grants) certifies that the submitting orgaxLization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services to children as defined by the Act. The submitting organization agrees that it will require that the language of this certification be included in any subawards which contain provisions for children's services and that all subrecipients shall certify accordingly. Official Authorized to Sign Certification Typed Name Date: June 30, 1998 Title: Executive Director For: Blue Ridge Community Services Community Services Board or Affected Contract Agency FY 1999 Community Services B'6ard Performance Contract Exhibit E: Local Government Acceptance and Approval Name ofCSB: Blue Ridge Community Services 2. City or County designated as .. as the CSB's Fiscal Agent: City of Salem 3. . Name of the Fiscal Agent's City Manager or County Administrator or Executive: Name: Randolph M. Smith Title: City Manager 4. Name of the Fiscal Agent's County/City Treasurer oi: Director of Finance: Name: Frank P. Turk Title: Director of Finance 'Name of the Fiscal Agent official to whom warrants (chec~) should be mailed: Name: Frank P. Turk Title: Director of Finance Address: P. o. Box 869 Salem, VA 24153 The CSB's Board of Directors certifies that, to the best of its knowledge and belief, the data and information in the Exh/bits of this Performance Contract are hue and correct and thai its entry into this Contract has been duly authorized by a formal vote of the Board of Directors in an open, public meeting of the Board. This signature affirms the Board's approva[of this performance contract. -k~'[,~~~ June 30, 1998 This signature indica'f~-a~eipt of a Board-approved copy of this Performance Contract and an agreement by the CSB's Fiscal Agent to accept grants of state and federal funds from the Department that are included in this contact. June 30, 1998 Signature of Fiscal Agent's Administrator or Manager Date 1. 5-8-98 FY 1999 Community Services Board Performance Contract Exhibit E: Local Government Acceptance and Approval Local Government Approval of CSB Performance Contract Name of City or County City of Roanoke City of Salem Date and Type of Approval Botetourt County Craig County Roanoke County Enter the name of each city or county that established the Board in the left column. Enter the date on which tlmt city or county approved the CSB's performance contract by formal vote and the type of action taken (e.g., passage of ordinance, resolution, or motion and voice vote). Attach the documentation of the formal vote for each city or county to this page of Exhibit E. Both pages of Exhibit E and the documentation must be submitted to the Office of Commtmity Contracting in the Virginia Department of Mental Health. Mental Retardation and Substance'Abuse Services as soon as possible and no later than September 15, 1998. 2. 5-8-98 FY 1999 Community Services Board Performance Contract Exhibit F INOP~fl)UAL COMMUNITY SERVICES BOARO PERFORMANCE MEASURES 5-8-98 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE Cay C~rk September 14, 1998 File #27 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34008-090898 authorizing the City Manager to issue Change Order No. 2, in the amount of $215,052.00, to the City's contract with Alex E. Paris Contracting Company, Inc., for Roanoke River Interceptor Sewer Replacement Contracts Al, B1 and B2. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer W. Robert Herbert September 14, 1998 Page 2 pc: Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34008-090898. AN ORDINANCE authorizingthe CityManagefsissuan~ ofChange O~No. 2tothe City's contract with Alex E. Paris Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B 1 & B2; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Alex E. Paris Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B1 & B2, all as more fully set forth in the report to this Council dated September 8, 1998. · 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $215,052 to the original contract dated September 22, 1997, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal 8overnment, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Sff~tnf~ 8,'. 1998 Council Report No. 98-170 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS Al, A2, B1, & B2 CHANGE ORDER NO. 2 Background on the subject in chronological order is as follows: Roanoke River InterceDtor Sewer Reolacement is Dart of the renovation and exoansion of !oint use sewer facilities previously approved by City Council. The Roanoke River Interceptor Sewer RePlacement oroiect replaces the existing interce0tor sewer from the Water Pollution Control Plant to the Salem city limit. Contracts Al, A2, B1, & B2 were awarded to Alex E. Paris Contracting Company, Inc., of Atlasburg, Pennsylvania, for an original contract price of $18,367.063 and a contingency amount of $1,836,700. Contracts Al, A2, B1, & B2 replace the existing interceotor from the Water Pollution Control Plant to Wasena Park at Winchester Avenu,-,. These contracts represent a total of 26,982 feet (5.1 miles) of sewer replacement. This is 52.0 percent of the total project length of 51,870 feet (9.82 miles). II. Current situation is as follows: The oro!ect has _~rogressed and is aDoroximatelv 10 percent comDletn with a scheduled completion date of December 9, 1999. A number of changes to the project and design have been necessary due to field conditions. The changes to date are.' An existing 42" diameter force main at the plant head works required that the proposed 66" diameter interceptor sewer be tunneled underneath the existing force main while it remained in service. The cost of this change is $140,755. Two existing water mains located near the Water Pollution Control Plant were found to be in conflict with the proposed interceptor sewer. The existing 24" and 12" water mains required adjustment to provide the necessary clearance to the proposed sewer. The cost of this work is $6.267. Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS Al, A2, B1, & B2 CHANGE ORDER NO. 2 September 8, 1998 Page 2 The project requires that a number of existing sewer lines be connected to the new interceptor sewer. An existing 15" diameter sewer near the Water Pollution Control Plant was found to be in deteriorated condition once it was excavated. It is necessary to replace approximately 100 linear feet of the existing sewer. The cost of this work is $27,000. The existing 48" sewer near 9th Street was found to be broken. The repair costs for this sewer are ~. o The existing 48" sewer near 9th Street could not be located during the survey phase of the project. The contractor excavated the existing line to determine its location. The location of the existing sewer requires that the proposed interceptor sewer be moved approximately 7 feet further into the Roanoke River. The cost for this additional work is $29,OQ0. Proposed Change Order NO. 2 will provide for construction 0f the item8 listed in the preceding paragraph. The total cost of the change order is $215,052 and twenty (20) additional days of contract time. The construction cost of the project (Contracts Al, A2, B1, & B2) is estimated as follows: Initial Contract Change Order No. 1 (administrative, time only, 14 days) Proposed Change Order No. 2 $18,367,063 0 Total Total change orders to date including proposed Change Order No. 2 are equivalent to 1.2 percent of the initial agreement value. The proposed change order cost is apportioned between the participating jurisdictions as follows: City of Roanoke 36.7% $ 78,924 City of Salem 33.7% ~ 72,473 Roanoke County 29.6% $ 63.655 Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS Al, A2, B1, & B2 CHANGE ORDER NO. 2 September 8, 1998 Page 3 III. Issue8 in order of importance are as follows: A. Cost B. Funding IV. Alternative8 in order of feasibility are as follows: Authorize the City Manager to execute Change Order NO. 2, in a form approved by the City Attorney, with Alex E. Paris Contracting Company, Inc., in the amount of ~ 1. C08t is reasonable for the additional work. Funding is available in the project contingency held in Roanoke River Interceptor Contract Al, A2, B1, & B2 (003-056-8484) to pay the cost of the change order. Project contingency of $1,621,654 would remain after this change order. Bo Do not authorize the City ManaQer to execute Contract Amendment NO. 2 with Alex E. Paris Contracting Company, Inc. 1. Cost would be based on future negotiation. 2. Funding would not be required. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Ao Authorize the City Mana(~er to execute Chan(~e Order No. 2, in a form approved by the City Attorney, with Alex E. Paris Contracting Company, Inc. in the amount of ~ and twenty (20) additional calendar days of contract time. Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS Al, A2, B1, & B2 CHANGE ORDER NO. 2 September 8, 1998 Page 4 WRH/PCS/bs Attachments C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #27 8~ndm H. Eakin Oepmy city Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34009-090898 authorizing the City Manager to issue Change Order No. 2, in the amount of $63,420.00, to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts, C, D and E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Gdsso, 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 H:~AGENOAG6~iP..P f&Wl:~ W. Robert Herbert September 14, 1998 Page 2 pc: Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management IN THE COUNCIL OF TI-IE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34009-090898. AN ORDINANCE authorizingthe CityManagefsissuance ofChange O~No. 2tothe City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Casper Colosimo & Son, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts C, D & E, all as more fully set forth in the report to this Council dated September 8, 1998. 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $63,420 to the original contract dated March 16, 1998, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Septemb,e~l~:~ 9~i~ .... Cou nbliT,, i~e~O~{t No.~ 98_169 '98 ,%?-3 71:02 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS C, D, & E CHANGE ORDER NO. 2 Background on the subject in chronological order is as follows: Roanoke River Interceptor Sewer Replacement is Dart of the renovation and expansion of !oint use sewer facilities previously approved by City Council. The Roanoke River Interceptor Sewer Replacement project replaces the existino interceptor sewer from the Water Pollution Control Plant to the Salem city limit. Contracts C, D, & E were awarded to Casper Colosimo & Son. Inc., of Pittsburgh, Pennsylvania, by City Council on March 16, 1998, at an original (;Qntract amount of $12.931.078 and a contingency amount of $646.554. Do Contracts C, D, & E replaces the existing Roanoke River interceptor from Wasena Park at Winchester Avenue to the Salem city limit. These contracts represent a total of 20,245 feet (3.8 miles) of sewer replacement. This is 39.0 percent of the total project length of 51,870 feet (9.82 miles). Earlier contracts (A-l, A-2, B-l, & B-2) replace the interceptor from the Water Pollution Control Plant to Wasena Park. II. Current situation is as follows: The project has progressed well to date and is approximately 10 percent cQm[~lete with a scheduled completion date of September 23, 1999. Bo The prooosed interceptor sewer crosses the Roanoke River at Bridge Street. This proposed crossing is near two existing water mains (one 6" main and one 12" main). The proposed sewer construction conflicts with the existing 12" main. The construction conflict requires the replacement of the existing water main. In order to minimize the number of water main crossings of the river and to enhance water system operations, the City's engineering consultant, Black & Veatch, has recommended both existing water mains be replaced by a single 16" diameter restrained joint ductile iron water main. Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS C, D, & E CHANGE ORDER NO. 1 September 8, 1998 Page 2 Pr0Dosed Change Order No. 2 will _provide for construction of the DroDosed 16" diameter water main, The total cost of the chanoe order is $63.420 for 280 linear feet of 16" diameter water main. The construction cost of the 0ro!ect (Contracts C. D. & E) is estimated as follows: Initial Contract Change Order No. 1 Proposed Change Order No. 2 $12,931,078 19,200 63.420 Total $13.013.698 Total change orders to date including proposed Change Order No. 2 are equivalent to 0.5 percent of the initial agreement value. The proposed change order cost is apportioned between the participating jurisdictions as follows: City of Roanoke 36.7% $23,275 City of Salem 33.7% $21,373 Roanoke County 29.6% ~ 18,772 $63,420 III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute Change Order No. 2, in a form approved by the City Attorney, with Casper Colosimo & Son, Inc., in the amount of t~63.420. 1. Cost is reasonable for the additional work. Honorable Mayor and Members of City Council ROANOKE RIVER INTERCEPTOR CONTRACTS C, D, & E CHANGE ORDER NO. 1 September 8, 1998 Page 3 Funding is available in the project contingency held in Roanoke River Interceptor Contract C, D, & E (003-056-8485) to pay the cost of the change order. Contingency funding of $583,134 would remain after this change order. DO not authorize the City Manager to execute Chanoe Order No. 2 with Black & Veatch. 1. Cost would be based on future negotiation. 2. Fundino would not be required. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Authorize the City Manaoer to execute Change Order No. 2, in a form approved by the City Attorney, with Casper Colosimo & Son, Inc. in the amount of $63,420 and zero (0) additional calendar days of contract time. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/bs C' City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Mary F. Parker, CMCIAAE Cay C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #77-455 Sandra H. Eakin D. puty c~ W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34010-090898 authorizing the City Manager to execute Change Order No. 5 on behalf of the City to the contract between the Virginia Department of Transportation and Allegheny Construction Co., Inc., in the amount of $75,000.00, for 1-581 Interchange improvements at Valley View Blvd. The abovereferenced measure was adopted by the Coundl of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc'. James D. Grisso, Director of Finance William F. Clark, Director, Public Works Barry L. Key, Manager, Office of Management and Budget Evelyn S. Lander, Acting Chief, Planning and Community Development H:~AGENDA9~S;~' ~ a. WPO W. Robert Herbert September 14, 1998 Page 2 pc: Charles M. Huffine, City Engineer Robert K. Bengtson, Traffic Engineer H:~X3 EN OAg~,.SET:rr'8.W f =O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34010-090898. AN ORDINANCE authorizing the City Manager to execute Change Order No. 5 on behalf of the City to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 5 to the contract between the Virginia Department of Transportation and Allegheny Construction Company, Inc., for the 1-581 Interchange improvements at Valley View Boulevard, all as more fully set forth in the report to this Council dated September 8, 1998. 2. The Change Order will provide authorization for additions in the work with an increase in the amount of $75,000 to the original contract, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. No. g8-172 '98 SE?-3 P1:02 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council, Subject: 1-581 Interchange Change Order I. Background: Ao 1-581 Interchange improvements at ValleyView Boulevard were endorsed by Roanoke City Council on March 18, 1996. Federal Highway Administration notified the City on August 23, 1996, of its approval of the new interchange access. Roanoke City Council approved an agreement with the Virginia Department of Transportation for project construction bidding and administration on December 16, 1996. (Resolution No. 33205-121696). City was required to be responsible for 100% of all project costs. Roanoke City Council officially notified VDOT of its approval of the Iow bid submitted to VDOT by Allegheny Construction Company, Inc. (of Roanoke) in the amount of $3,964,813.90 (Ordinance No. 33619-102297). II Current Situation: Change orders to VDOT's construction contract with Allegheny Construction Company, Inc., in excess of $25,000, require City Council approval. In an effort to avoid delaying the contractor's progress, authority to approve any such change orders will be requested from City Council as quickly as possible after receiving the change order from VDOT. Change Order No. 5 was recently forwarded to the City from VDOT in the amount of $75,000.00. Change Order No. 5 establishes a completion date for the opening of the northbound off-ramp to Valley View Boulevard by October 1, 1998, with a bonus of $75,000. The original contract specified a bonus of $1,500 per day, not to exceed 30 days, for opening the entire interchange earlier than November 1, 1998. The opening of Logan's Roadhouse and Target has created a need to establish October 1 as a fixed completion date for the northbound off-ramp. There is a disincentive of The Honorable Mayor and Members of Council No. 98-172 Page 2 September 8, 1998 $1,500 per day for failure to comply. The revised contract total to date, including this change order, is $4,101,394.70. C. Funding is available in 1-581 III Issues: A. Need B. Funding C. Timing: IV Alternatives: A. Interchange account No. 008-052-9545-9001. City Council authorize City Manager to execute Change Order No.5. 1. Need for change order is appropriate and has been certified by City and YDOT, in order to serve the 40 acre site being developed, as well as providing motorists access to the Hershberger Road/Roanoke Regional Airport area. 2. Funding is available in 1-581 Interchange account No. 008-052-9545- 9001. 3. Timing allows motorists to take full advantage of access from northbound 1-581 to the completed extension of Valley View Boulevard as early as possible. City Council not authorize City Manager execute Change Order No.5. 1. Need for change order remains. Access is not provided to the 40 acre site being developed, nor to the Hershberger Road/Roanoke Regional ^irport area as an alternative to the Hershberger Road/ 1-581 Interchange. 2. Funding for change order exceeds City Manager's authorization. 3. Timing does not allow motorists to take full advantage of access from northbound 1-581 to the completed extension of Valley View Boulevard. The Honorable Mayor and Members of Council No. 98-172 Page 3 September 8,1998 Recommendation is that City Council approve Altemative "A" and thereby authorize City Manager to execute Change Order No. 5. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/gpe c: City Attorney Director of Finance Director of Public Works Manager, Office of Management & Budget Chief, Planning & Community Development City Engineer Traffic Engineer Department of Finance City of Roanoke, Virginia September 8, 1998 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: July Financial Report This financial report covers the first month of the 1998-99 fiscal year. The following narrative discusses revenues and expenditures to date. General Fund revenues reflect an increase of 33.90% or $398,000 compared to FY98. Variances in specific categories of revenues are as follows: General Property Taxes decreased $152,000 or 34.77% due to a drop in delinquent real estate tax collections. A decline in personal property tax levies also contributed to this decrease. However, most property tax revenue will be received in future months as the taxes become due. Other Local Taxes are up $385,000 or 87.30% due to increases in electric utility tax and cigarette tax. Cable television franchise tax rose due to a timing difference. Permits, Fees and Licenses rose 6.44% or $4,000 due to an increase in building inspection fees which was partially offset by a decrease in heating inspection fees. Fines and Forfeitures decreased 10.18% or $9,000 due to a decline in juvenile and domestic relations court fees caused by a timing difference. Revenue from Use of Money and Property dropped $18,500 or 21.82% due to decreased rental income from the Commonwealth Building. Grants-in-Aid Commonwealth increased $239,000 or 74.32%. Revenues in this category are negative through July 31 of both years due to the reversal of year end accounting entries that accrued income at June 30 for financial reporting purposes. As revenues are actually received in the next year, this category total becomes positive. The variance in revenues between FY98 and FY99 is caused by an increase in jail block grant revenue which is caused by a timing difference. Charges for Services declined $29,500 or 10.25% due to a decrease in weed cutting and demolition charges. Internal Services decreased $30,500 or 41.70% due to a decline in engineering and custodial service billings. Honorable Mayor and Members Roanoke City Council September 8, 1998 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have decreased 1.52% or $227,000 since FY98. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures decreased 7.13% or $31,000. Expenditures by the Clerk of Circuit Court declined due to expenditures for the purchase of various computer and microfilming equipment and increased binding expenses during FY98 which were not incurred this year. Publication and subscription expenditures by the Law Library also decreased slightly. Health and Welfare expenditures increased $78,000 or 6.75%. Due to welfare reform, the City now receives more funding designated for day care service payments. Day care service benefits provided to clients increased substantially from FY98 to FY99 as a result. Parks, Recreation and Cultural expenditures decreased $61,200 or 12.06%. Cultural Service Committee expenditures declined due to timing differences. Community Development expenditures declined $28,000 or 7.62% due to a decrease in diversified housing expenditures by the Economic Development department and a decrease in professional fees by the Community Planning department. Nondepartmental expenditures decreased $36,000 or 5.12% due to a decrease in the transfer to Grant Fund. A decrease in Virginia Juvenile Community Crime Control Act funding was partially offset by an increase in the transfer for the Neighborhood Partnership program. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/TLH/pac Attachments Balance July 1, 1998 Ordinance Number Date CMT 138 07/31/98 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JULY 31, 1998 Department Utilities & Operations Balance July 31, 1998 Pumose Funding for a po~on of shuttle service to Victory Stadium on July 4 $379,244 (2,967) $376,277 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July I - July 31 July I - July 3t Percentage Revenue Source 1997-98 1998-99 of Change General Property Taxes $436,890 $284,984 (34.77) % Other Local Taxes 440,758 825,524 87.30 % Permits, Fees and Licenses 63,978 68,100 6.44 % Fines and Forfeitures 89,390 80,293 (10.18) % Revenue from Use of Money and Property 85,073 66,506 (21.82) % Grants-in-Aid Commonwealth (322,033) (82,700) 74.32 % Grants-in-Aid Federal Government % Charges for Services 287,847 258,329 (10.25) % Miscellaneous Revenue 18,879 28,345 50.14 % Internal Services 73,261 42,713 (41.70) % Total $1,174,043 $1,572,094 33.90 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $68,208,685 0.42% 51,752,919 1.60% 623,800 10.92% 1,035,000 7.76% 1,043,760 6.37% 40,209,167 -0.21% 34,260 3,271,270 7.90% 274,300 10.33% 2,133,773 2.00% $168,586,934 0.93% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Data for the Period July 1 - July 31 July I - July 31 Percentage Unencumbered Expenditures 1997-98 1998-99 of Change Balance General Government $944,748 $927,335 (1.84) % $10,313,312 Judicial Administration 435,837 404,747 (7.13) % 4,069,448 Public Safety 3,330,439 3,243,811 (2.60) % 36,994,852 Public Works 4,064,091 3,907,880 (3.84) % 20,181,112 Health and Welfare 1,160,068 1,238,390 6.75 % 22,781,937 Parks, Recreation and Cultural 507,222 446,028 (12.06) % 3,908,151 Community Development 368,973 340,865 (7.62) % 2,413,240 Transfer to Debt Service Fund % 10,742,626 Transfer to School Fund 3,375,511 3,487,252 3.31% 38,359,777 Nondepartmental 706,145 670,025 (5.12) % 5,942,722 Total $14,893,034 $t 4,666,333 (1.52) % $t 55,707,177 Current Fiscal Year Percent of Revised Budget Appropriations Obligated $11,240,647 8.25% 4,474,195 9.05% 40,238,663 8.06% 24,088,992 16.22% 24,020,327 5.16% 4,354,179 10.24% 2,754,105 12.38% 10,742,626 41,847,029 8.33% 6,612,747 10.13% $170,373,610 8.6t% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I -July 31 July I - July 31 Percentage 1997-98 1998-99 of Change 2,347,512 2,577,940 9.82 (95,583) (102,709) 7.46 121,154 (10,596) (108.75) 3,375,511 3,487,252 3.31 680,535 1,645,446 141.79 $6,429,129 $7,597,333 18.17 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,269,520 NA 35,953,544 7.17% 2,924,162 NA 3,158,735 NA 41,847,029 8.33% 1,727,754 NA $93,880,744 8.09% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1-July 31 July 1-July 31 Percentage Unencumbered Revised Expenditures 1997-98 1998-99 of Change Balance Appropriations Instruction $2,732,540 $2,463,797 (9.83) % General Support 290,872 303,354 4.29 % Transportation 166,479 62,030 (62.74) % Operation and Maintenance of Plant 1,518,392 803,472 (47.08) % Food Services 99,992 100,190 0.20 % Facilities 887,347 729,785 (17.76) % Other Uses of Funds 1,107,492 3,071,888 177.37 % Special Purpose Grants 1,883,173 1,727,754 (8.25) % Total $8,686,287 $9,262,270 6.63 % $65,611,126 3,091,994 3,158,881 8,555,841 4,049,004 1,077,225 $85,544,071 $68,074,923 3,395,348 3,220,911 9,359,313 4,149,194 729,785 4,149,113 1,727,754 $94,806,341 Percent of Budget Obligated 3.62% 8.93% 1.93% 8.58% 2.41% 100.00% 74.04% N/A 9.77% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1998 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance General Government $15,610,306 $9,426,613 $6,183,695 $449,099 $5,734,596 Public Safety 362,350 26,488 333,862 39,600 294,262 Community Development 1,081,000 100,848 9~0,152 940,152 zl0,000 Recreation 1,585,375 534,019 1,051,356 161,532 889,824 Streets and Bridges 22,916,793 14,545,004 8,371,789 4,882,012 3,489,777 Sanitation Projects 1,362,308 979,752 382,556 86,741 295,815 Traffic Engineering & Communications 2,383,764 1,736,328 647,436 365,791 281,645 Other Infrastructure Projects 20,446,684 8,821,148 13,6"Z5,~ 2,797,071 10,828,467 Capital Improvement Reserve 14,106,260 14,108,260 14,106,260 Total $79,854,842 $34,172,198 $45,682,644 $9,721,998 $35,960,646 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1998 Education Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $,38,676,601 $25,707,002 $12,969,599 $12,483,643 (11,363,300) (11,363,300) (11,363,300) $27,313,301 $25,707,002 $1,606,299 $12,483,643 ($10,877,344) 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke Customer Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depredation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Net Nonoperating Expenses Net Income FY 1999 $260,020 241,359 19,457 2,086 165,245 48,115 736,282 109,346 154,955 113,804 378,105 358,177 32,935 2,250 4,806 (110,877) (70,886) $287,291 FY1998 $262,054 237,075 18,232 2,040 125,133 76,720 721,254 107,351 106,766 118,048 332,165 389,089 33,234 1,500 5,351 (121,771) (81,686) $307,403 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues Interest on Investments Miscellaneous Revenue Net Nonoperating Revenues Net Income FY 1999 $576,307 67,962 3,365 52,220 8,266 15,022 21,899 745,041 127,556 487,611 79,141 694,308 50,733 50,114 2,575 52,689 $103~422 FY 1998 $574,020 82,993 13,377 62,179 8,236 11,386 8,959 761,150 130,631 185,120 81,250 397,001 364,149 41,465 3,839 45,304 $409,453 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Rentals Event Expenses Advertising Ad missions Tax Commissions Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 1999 $20,940 4,622 122 180 25,864 75,709 64,492 32,331 172,532 (146,668) 5,927 841 6,768 ($139,900) FY 1998 2,885 4,475 7,360 76,131 65,656 33,111 174,898 (167,538) 3,040 187 3,227 ($164,311 ) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Expenses Net Income(Loss) FY 1999 $24,339 42,189 16,786 24,716 20,472 5,332 133,834 49,862 44,315 94,177 39,657 1,536 (47,305) 165 (45,604) ($5,947) FY 1998 $32,778 34,010 16,371 32,827 33,542 7,318 156,846 50,687 45,777 96,464 60,382 (908) (29,053) 691 (29,27O) $31,112 8 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Conference Center Total Operating Revenues FY1999 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ $ 146,326 $ 146,326 $ FY 1998 Operating Expenses Commission Conference Center Total Operating Expenses 200,173 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Proceeds from Brick Sales Interest on Investments Conference Center Net Nonoperating Revenues (Expenses) 146,326 146,326 200,173 Net Income (Loss) Before Depreciation 10,646 10,646 172,917 172,917 10,646 172,917 183,563 (10,646) (26,591) (37,237) 2,777 181,936 Depreciation Expense/Replacement Reserve 184,713 15,460 - - 200 4,047 - 4,047 1,496 ( 1,529) ( 1,529) (1,061 ) 4,047 ( 1,529) 2,518 635 (34,719) 16,095 41,676 42,752 (6,599) (28,120) 38,749 2,927 Net Income (Loss) ($45,348) ($31,047) ($76,395) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) ($26,657) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 9 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1998 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues {Expenses) Interest Revenue Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS c~y Information Materials Management Utility Line Fleet Risk Systems Control Services S~rvices Management Management FY 1999 FY 1998 $262,321 $7,281 $11,201 $153,000 $147,666 $502,297 $1,083,766 $928,666 262,321 7,281 11,201 153,000 147,666 502,297 1,083,766 928,666 108,777 8,216 1,916 175,264 94,948 13,110 402,231 385,164 78,150 847 4,751 53,158 48,513 808,338 993,757 874,575 39,366 150 3,320 11,940 153,577 208,353 197,328 226,293 9,213 9,987 240,362 297,038 821,448 1,604,341 1,457,067 36,028 (1,932) 1,214 (87,362) (149,372) (319,151 } (520,575) (528,401 } 16,430 (493) 981 6,379 2,150 42,486 67,933 68,230 16,430 (493) 981 6,379 2,150 42,486 67,933 68,2:~0 $52,45a ($2,425) $2,195 ($80,983) ($147,222) ($276,665) ($452,642) (S460,171) 10 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 1998 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 1998. BALANCE AT BALANCE AT BALANCE AT FUND JUNE 30, 1998 RECEIPTS DISBURSEMENTS JULY 31, 1998 JULY 31, 1997 i GENERAL $9,835,945.11 $9,933,703.94 $6,679,987.54 $13,089,661.51 !WATER 7,094,427.62 47,396.93 2,434,119.52 4,707,705.03 'SEWAGE 14,235,558.13 2,040,199.57 2,299,869.33 13,975,888.37 : CiViC CENTER 1,433,583.24 26,752.46 115,603.59 1,344,732.11 TRANSPORTATION 178,933.74 134,238.00 517,687.04 (204,515.30) CAPITAL PROJECTS 42,429,691.36 6,357,149.55 9,685,220.74 39,101,620.17 i NURSING HOME 0.00 0.00 0.00 0.00 I~ CONFERENCE CENTER 908,846.63 0.00 8,505.96 900,340.67 I JUVENILE DETENTION 0.00 0.00 0.00 0.00 ' DEBT SERVICE 11,286,469.04 1,464.59 10,073,340.18 1,214,593.45 i CITY INFORMATION SYSTEMS 3,853,781.13 11,558.34 194,364.72 3,670,974.75 MATERIALS CONTROL (84,284.31) 0.00 41,147.02 (125,431.33) i MANAGEMENT SERVICES 228,763.82 16.25 12,095.28 216,684.79 i UTI LITY LINES SERV 1,608,631.21 1,431.23 130,726.89 1,479,335.55 ~ FLEET MANAGEMENT 597,010.75 0.00 99,474.91 497,535.84 PAYROLL (5,961,816.54) 8,344,050.77 9,912,798.52 (7,530,564.29) RISK MANAGEMENT 9,645,574.80 413,913.96 704,513.52 9,354,975.24 PENSION 553,172.43 444,772.22 21,963.20 975,981.45 SCHOOL FUND 9,494,363.29 3,545,289.58 7,654,020.97 5,385,631.90 SCHOOL CAPITAL PROJECTS 0.00 7,007,141.49 7,352,372.39 (345,230.90) FDETC 123,851.68 139,428.02 133,265.36 130,014.34 GRANT 803,867.3~ 137,_478.32 350,052.42 591L293.27 TOTAL $108,266,370.50 $38,585,985.22 $58,421,129.10 $88,431,226.62 $12,646,732.20 7,250,947.88 22,571,459.74 651,127.96 (152,710.56)1 34,162,727.07 i 712,327.94! 324,202.63i 0.00 7,621,532.00 2,099,572.37 (76,523.75)1 224,877.51 1,386,607.54 1,622,168.91 ~ (7,257,692.58)i 9,075,827.24 900,689.85. 9,212,344.181 0.00 86,962.58 952,032.53 $104,015,213.24! CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31, 1998. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $19,669.12 (39,263.60) 9,247,000.00 5,973,960.00 34,000,000.00 9,462,005.56 29,767,855.54 $88,431,226.62 DATE: AUGUST 13, 1998 DAVID C. ANDERSON, TREASURER 11 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE I MONTH ENDING JULY 31, 1998 Revenue Contdbulions Investment Income Gain on Sale of Investments Bond Discount Amortization TotalRevenue 1998 $197,988 (810,029) 98,539 2,476 ($511,026) 1997 $228,322 (1) (856,017) 304,549 3,854 ($319,292) (2) Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to 65 Total Expenses Netlncome $770,262 (186,600) 18,328 2,760 795 605,545 ($1,116,571) $753,624 (1) (133,934) 26,329 7,659 653,678 ($972,970) (2) {1) Reversal of accruals made at June 30, 1998 (2) Reversal of accruals made at June 30, 1997 12 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JULY 31, 1998 Assets Cash Investments: (market value: 1998 $303,229,054 1997 $264,554,594) Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance 1998 $970,798 225,575,753 1,741 18,000 $226,566,292 $786,210 786,210 226,896,653 (1,116,571) 225,780,082 $226,566,292 1997 $900,253 209,412,880 1,047 18,000 $210,332,180 $773,293 773,293 210,531,857 (972,970) 209,558,887 $210,332,180 13 Mary F. Parker, CMC/AAE cay C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #24-83 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 34011-090898 amending and reordaining §2-178, Fee for bad checks tendered to city_, of the Code of the City of Roanoke (1979), as amended, to provide for imposition upon persons tendering bad checks to the City of a fee in the maximum amount permitted by the State Code. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:~4GENDAE6~i~¥b. WI=O W. Robert Herbert September 14, 1998 Page 2 pc: The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent ^. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District. Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police H:~.GEN~.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34011-090898. AN ORDINANCE amending and reordaining §2-178, Fee for bad checks tendered to city. of the Code of the City of Roanoke (1979), as amended, to provide for imposition upon persons tendering bad checks to the City of a fee in the maximum amount permitted by the State Code; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 2-178, Fee for bad checks tendered to city, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 2-178. Fee for bad checks tendered to city. If any bank upon which an uncertified check tendered to the city shall refuse payment upon such check due to insufficient funds in the account of the drawer, no account in the name of the drawer or account of the drawer closed, and such check shall be returned to the city unpaid' a fee in the maximum amount permitted by the Code of Virginia (1950), as amended' shall be imposed upon the person ~om whom such payment is due to the City. This fee shall apply to checks tendered for any taxes, fees or any other sums due to the city and shall he in addition to any other penalties imposed by law. Fees collected by the city under this section shall he deposited in the general fund. 2. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: H:~iF~JRF~BADCIC 1 City Clerk. WILBURN C. DIBLING, JR. CITY ATFORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-243 l FACSIMILE: 540-853-1221 E-MAIL:cityatty @ ci,roanoke.va.us September 8, 1998 '98 ~E?-3 P 2:56 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATFORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Fee for bad checks - Amendment to City. Code Dear Mayor Bowers and Council Members: I have prepared for your consideration an ordinance amending the Code of the City of Roanoke (1979), as amended, to increase to the maximum amount permitted by the Code of Virginia the fee charged persons for passing a bad check for payment of taxes or any other sum due and owing the City of Roanoke. For the purpose of this ordinance, a "bad check" is one which is subsequently returned due to insufficient funds or because there is no account or because the account has been closed. Pursuant to the current state law, this ordinance will increase the bad check fee from $20.00 to $25.00. This ordinance will have the effect of making any future increases or decreases authorized by the State Code automatically applicable to the City's bad check fee. This proposed amendment has been endorsed by the City Treasurer and the Director of Finance. I will be pleased to respond to any questions which Members of Council may have regarding this amendment. With kindest personal regards, I am WCDj\GLY:snh Attachment City Attorney The Honorable David C. Anderson, City Treasurer W. Robert Herbert, City Manager James D. Grisso, Director of Finance H:\COUNCILkL-HMCHEC.I MaW F. Parker, CMCIAAE c~y Ck)rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #262-468 8andra H. Eakin Doputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33992-090898 authorizing the proper City Officials to enter into separate Lease Agreements between the City and Triton PCS Property Company, L. L.C., for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank, the Summit Water Tank, the Mount Pleasant Water Tank, and the Grandin Court Elevated Water Tank No. I (also known as Craston Avenue Elevated Water Tank No. 1). Such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 17, 1998, also adopted by the Council on second reading on Tuesday, September 8, 1998, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment W. Robert Herbert September 14, 1998 Page 2 pc: Kevin Arnold, Sales, Entel Technologies, 9211 Aboretum Parkway, Suite 200, Richmond, Virginia 23236 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Joe D. Slone, Manager, Communications Evelyn D. Dorsey, Zoning Administrator H:~.G EN [3A~61~7.~T6.WPO IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 33992-090898. AN ORDINANCE authorizing the proper City officials to enter into separate Lease Agreements between the City and Triton PCS Property Company, L. L.C., for use of a portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank; the Summit Water Tank; the Mount Pleasant Water Tank; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1). Such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment, upon certain terms and conditions. WHEREAS, the Council of the City of Roanoke has held a public hearing on this matter at~er proper advertisement of such hearing, all as required by Section 15.2-1800 et. seq. of the Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, appropriate Lease Agreements with Triton PCS Property Company, L.L.C., for the use ora portion of the following four City owned water tanks and sites on which those water tanks are located: the Washington Heights Water Tank located in the 4100 block of Wyoming Avenue, NW; the Summit Water Tank located in the area of 4500 Franklin Road, SW, on the dead end of Summit Way Drive, SW (a private road); the Mount Pleasant Water Tank located in the area of the intersection of Redwood Road and Plateau Road; and the Grandin Court Elevated Water Tank No. 1 (also known as Creston Avenue Elevated Water Tank No. 1) located at the dead end of Creston Avenue, SW; such use shall be for the placement, operation, and maintenance of personal communication system antennas and related equipment for a period to commence on or about September 1, 1998, or October 1, 1998, and to run through July 31, 2002, with up to two five year renewals upon mutual agreement of the parties, with a rental rate for each site of $750.00 plus the increase in the Consumer Price Index for the prior year ending July 31, 1998, per month for such use, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated August 17, 1998. Such Lease Agreements shall be in a form substantially similar to the form of the lease agreement attached to that report. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: P3:12 LEASE AGREEMENTS FOR USE OF CITY FACILITIES August 17, 1998 Report No. 98-358 I. Background: II. III. IV. A lease to locate cellular (Cell) and/or Personal Communication System (PCS) antennas on four City owned water tanks has been requested by Triton PCS Property Company, L.L.C., a wireless communication provider. Bo City Council approved and adopted the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City property dated January 21, 1997 in accordance with the recommendation set forth in a report of the Water Resources Committee dated February 3, 1997. Current Situation: Lease agreements for the use of City Facilities have been submitted by Triton PCS Property Company L.L.C. for approval by the City for four water tank sites. The four City Water Tanks are: Washington Heights, The Summit, Mount Pleasant and Grandin Court Elevated Water Tank No. 1. The monthly rental Triton would pay is $750 per month plus the increase in the Consumer Price Index for the year ending July 31, 1998, for each site, totaling $36,000 for the first year of lease. The term would be from approximately September 1, 1998 to July 31, 2002, with up to two five year renewals upon mutual agreement of the parties. Issues: A. Policy B. Accountability/Liability C. Need for continuous communication D. Revenue Alternatives: Council approve lease agreements for each of four (4) sites in substantially the same form as the attached lease agreement for leasing space on City owned facilities, the four water tanks mentioned above, as submitted by Triton PCS Property Company L.L.C. Honorable Mayor and Members of City Council LEASE AGREEMENTS FOR USE OF CITY FACILITIES August 17, 1998 Page 2 Policy established by City Council to address the use of City facilities will be utilized. Accountability/Liability will be provided for through the lease agreements. 3. Need for continuous communication service will be addressed. Revenue for the use and maintenance of the site will be realized by the City. Council not approve the lease agreements as set forth in Alternative IV(A) for use of City facilities as submitted by Triton PCS Property Company, L.L.C. Policy established by City Council to address the use of City facilities will not be utilized. 2. Accountability/Liability will not be an issue at this time. 3. Need for continuous communication service will not be addressed. 4. Revenue will not be realized by the City. V. Recommendation: Council approve the lease agreements as provided for in Alternative IV(A) to provide for the use of City facilities in accordance with City Policy by Triton PCS Property Company, L.L.C., such lease agreements to be approved as to form by the City Attorney. W. Robert Herbert City Manager KBK/JHP, Jr./je Attachment cc: City Attorney Director of Finance City Clerk Water Department Manager Communications Manager Zoning Administrator Kevin Arnold, Entel Technologies DRAFT LEASE AGREEMENT This Lease Agreement ('Lease') is made this ~ day of , 1998, between the City of Roanoke, Virginia, a Virginia Municipal Corporation ('Landlord" or 'City') and Tdton PCS Property Company, L.L.C., ('Tenant'). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. Leased Premises Subject to the terms and conditions of this Lease and the City of Roanoke policy as to Wireless Telecommunications Facilities located on City Property dated January 21, 1997, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's properties located at: In the area of the intersection of Redwood Road and Plateau Road, located in the City of Roanoke, Commonwealth of Virginia, legally described on attached Exhibit I subject to any and all existing easements and a portion of the Mount Pleasant Water Tank ('Structure') as more particularly shown on attached Exhibit 2 on which directional antennas, connecting cables, and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord, together with appurtenant nonexclusive easements and access dghts, but only that oortion of Landlord's property and water tank where Tenant's eouioment and antennas are located ~nd ai;~roved by Landlord is beino. leased to Tenant, as shown on Exhibit 3 ('Leased Premises'). Section 2. Term and Renewal. The term of this Lease shall be yearn and months commencing on , and expiring on July 31. 2002. This Lease may be renewed for up to two (2) five (5) year terms upon mutual agreement by the parties and subject to an increase in the rental payments or compensation due the Landlord from the Tenant as the parties may agree providing that the Tenant provides the Landlord with notice of its intention to renew at least 180 days prior to the expiration of the initial term of the Lease or any subsequent renewal term, but such renewal shall be at the sole discretion of the Landlord and must be affirmatively accepted by the Landlord. Furthermore, both the Landlord and the Tenant shall have the right, without penalty or incurring any liability or damages to the other party for termination, to terminate this Lease at any time upon thirty (30) months prior written notice to the other party. Section 3. Ren[ As consideration for this Lease, Tenant shall pay Landlord rent in the amount of $750.00 olus the increase in CPI for the odor year endinl:l July 31, 1998, per month which shall be due and payable on the first day of each month and paid at the Landlord's Office of Billings and Collections. The amount of rent to be paid by Tenant each Lease year shall be increased annually by an amount equal to the increase in the Consumer Price Index (CPI) for the pdor year. The CPI as used herein shall mean the United States Bureau of Labor Statistics, Consumer Price Index for Urban wage Earners and Clerical Workers, all items for U.S. City average (1982-1984=100} or if one is not available or being used a similar CPI or other measure will be used. The first such increase shall be effective as of the beginning of the second year of the Lease and increase each year thereafter. If the CPI for the prior year is not available at the start of any Lease year, when it does become available such increase will be paid retroactively to the beginning of the Lease year and during each remaining month of that Lease year. If any rent is not paid within fifteen days after its due date, then Tenant will pay a late charge equal to five percent of the monthly payment. Upon any renewal of this Lease, this monthly rental charge is subject to being increased in accordance with the mutual agreement of the parties. RO- 1-405A 1 07/29/98 Section 4. Taxes and Other Charqes. In addition to payment of the rent as set forth above, Tenant shall timely pay all applicable real estate or leasehold taxes, sales taxes, telecommunications taxes, utilities taxes, or any other taxes or charges in connection with this Lease or the telecommunications services or facilities provided by the Tenant or that the Tenant may be required by law or regulations to collect and pay. Any applicable real estate or leasehold taxes shall be determined by City's Real Estate Assessor and Landlord will provide appropriate notice and documentation of such taxes to Tenant if assessor does not provide such notice directly to Tenant. Section 5. Adoption of City Policy. The City of Roanoke's Policy as to Wireless Telecommunications Facilities Located on City Property dated January 21, 1997, is hereby incorporated and made a part of this Lease by reference and Tenant agrees to comply with all the provisions of that Policy. Section 6. Governmental A~=roval and Contin=encv. (a) Tenant Application. Tenant's right to use the Leased Premises is contingent upon- Tenant obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state, or local authority, for Tenant's use to take place at the Leased Premises ('Governmental Approvals'). Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord) in its efforts to obtain such approvals, except that Landlord's agreement to cooperate shall not in any way limit or interfere with the authority or discretion of any regulatory agency, governmental body or authority, affiliated with Landlord, or of any employee, agent, or official of Landlord in the conduct of their responsibility, authority, jurisdiction, or decision making with respect to any such Governmental Approval. Tenant, at its sole cost, shall also submit to Landlord, prior to the installation of any of Tenant's equipment, a study by an engineer selected by mutual agreement of Tenant and Landlord showing that the Structure. is able to support Tenant's facilities to be installed thereon as described in this Lease without prejudice to Landlord's use of the Structure or surrounding property. If the Tenant fails to obtain the above approvals or the study finds that the Structure cannot support Tenant's facilities without interference with Landlord's use of the Structure and without impairing or jeopardizing the integrity or safety of the Structure that cannot be reasonably remedied (at Tenant's expense), either the Landlord or Tenant may terminate this Lease immediately and Landlord shall then promptly refund any rent paid to Landlord pdor to said termination. (b) Interference Studv. Before obtaining a building permit, Tenant shall pay the reasonable cost of a radio frequency interference study ('RF Study') showing that Tenant's intended use will not interfere with any existing communications facilities. The RF Study shall be conducted by an independent qualified engineer selected by agreement of Landlord and Tenant. If the RF Study finds that there is a potential for interference that cannot be reasonably remedied, either the Landlord or the Tenant may terminate this Lease immediately by written notice to the other party given within thirty (30) days of delivery of the RF Study to Landlord, and Landlord shall promptly refund to Tenant all rent paid to Landlord pdor to such termination. (c) Non-approval. If any application necessary under Subsection 6(a) above is finally rejected, or if any certificate, permit, license, or other Governmental Approval issued to Tenant is canceled, expires, lapses, or is otherwise wfllxlrawn or terminated by govemmental authority pdor to Tenant commencing operation of its Antenna FaCe#lies (as described in this Lease) so that Tenant, in its sole discretion, will be unable to use the LeaS4KI Premises for the Tenant's intended purpose, Tenant shall have the right to terminate this Lease by 30 days written notice to Landlord. UPOn such termination, the parties shall have no further obligations to each other, except that Tenant shall restore the Leased premises in accordance with the terms of this Lease. RO- 1405A 2 07/29/98 Sec~on 7. Tenants Use. (a) User Priority. Tenant agrees that the priorities of use, set forth in the City of Roanoke's Policy referred to in Section 5, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly. (b) Puro0se. Tenant shall use the Leased Premises only for the purpose of installing, maintaining (to include replacin.(i), and operating, a communications antenna facility, equipment, cabinets, and an accessory building, and uses incidental thereto for providing radio and wireless telecommunications services which Tenant is legally authorized to provide to the public. Tenant's communications antenna facility shall consist of antennas installed on the structure at a location approved by Landlord, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities') all as shown on attached Exhibit 2. Tenant shall use the Leased Premises in compliance with all applicable ordinances, statutes and regulations of local, state and federal governmental agencies. Tenant's use of the Structure and Leased Premises shall be NONEXCLUSIVE, and Landlord specifically reserves the dght to allow the Leased Premises and Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises and to the Structure. However, Landlord agrees it will not lease Tenant's specific tower space or ground space to another potential user of equal or lower pdority status as Tenant. (c) Construction. Before installing any Antenna Facilities on, or commencing any' construction on, or improvements to, the Leased Premises, Tenant shall pay for and deliver to Landlord an evaluation carded out by a qualified professional the study called for in Section 6 (a) which shall demonstrate that the Structure can safely and adequately support Tenant's antennas. The cost of the evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Tenant shall not install any improvements on the Leased Premises without the prior written consent of Landlord. None of the Tenant's antennas or other equipment will be allowed to extend any higher than the water tank on the Leased Premises. Tenant shall submit to Landlord site plans and construction drawings in adequate detail for Landlord to determine the location, nature, materials, appearance, and construction detail of the improvements ('Tenant's Plans'). Landlord shall notify Tenant in writing within fourteen (14) working days of receipt of Tenant's Plans that Landlord approves Tenant's Plans as submitted, approves Tenant's Plan with specified revisions, or rejects Tenant's Plans. The reason for any such rejection must be stated in detail along with a statement of the action or measures needed to obtain approval. (d) Ooeration. Tenant shall, at its sole cost and expense, operate and maintain the Antenna Facilities in accordance with good engineering practices, and all applicable FCC rules and regulations. Tenant's installation of the Antenna Facilities shall be in accordance with the Tenant Plans approved by Landlord. Any damage done to the Leased Premises, the Structure, or any other property of Landlord or any other person or property dudng installation or operation of the Antenna Facilities shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of Tenant, unless otherwise provided in this Lease. (e) Maintenance. Imerqvements Expenses. All modifications to the Leased Premises, and all improvements to Landlord's Property made for Tenant's benefit shall be at the Tenant's expense and such improvements shall be maintained in a good state of repair by Tenant at Tenant's sole expense. Except in the event of an emergency, Tenant shall provide written notice to Landlord not less than seventy-two hours before commencing any maintenance or other construction on Landlord's property and Tenant shall promptly restore Landlord's property after such work. Any portion of the Antenna FaOlitJes mounted on the Structure shall, at all times and at Tenant's expense, be painted and shall be the same color as the Structure or such other color as Landlord deems compatible with the Structure No advertisements shall be placed on the Antenna Facilities. (f) Reolacements. Before Tenant may update or replace the Antenna Facilities. Tenant must notify and provide to Landlord a detailed proposal for any such replacement facilities and any other RO- 1-405A 3 07/29/98 information reasonably requested by Landlord conceming the requested update or replacement, including but not limited to, a technical study consistent with any otherwise required under this Lease, carded out at Tenant's expense. (g) DrawinQs. Tenant shall provide Landlord with as-built drawings of the equipment and improvements installed on the Leased Premises showing the actual location of all Antenna Facilities and of all other improvements installed on Landlord's property by Tenant in connection with this Lease. The drawings shall be accompanied by a complete and detailed inventory of all equipment, pemonal property, and Antenna Facilities to be placed on the Lease Premises, Structure, or other property of Landlord in connection with this Lease. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the property by Landlord or any other person. Tenant shall not unreasonably interfere with the operations of any pdor tenant using the Structure or with Landlord's use of the Structure. (i) Access. Tenant, at all times dudng this Lease, shall have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall have access to the Structure only with the approval of Landlord or as expressly provided as shown on Exhibit 3. Unless access is provided pursuant to Exhibit 3, Tenant shall request access to the Structure 24 hours in advance, except in an emergency, and Landlord's approval shall not be unreasonably withheld or delayed. If it necessary for Tenant to have access to the Structure at some time other than the normal ' working hours of Landlord, Landlord may charge Tenant for whatever expense, including employee wages, that Landlord may incur in providing such access. However, Tenant agrees that it will obtain any necessary permission or authority from any third parties that may be needed to access or get to the Leased Premises. (j) Utilities. Tenant shall install utilities to serve the Antenna Facilities in the locations shown on Exhibit 3, at Tenant's sole expense. Tenant shall separately meter all utilities associated with its use of the Leased Premises and shall promptly pay all costs for such utility services. (k) Additional Users. It is the intent of Landlord that the Structure may be used by other communications services providers at the sole discretion of Landlord subject to the requirements of Section 20 of the Lease. Section 8. Emereencv Facilities or Removal. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Lease Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from Landlord. However, Landlord retains the rigM and privilege to remove any of Tenant's Antenna Facilities as the Landlord deems necessary or appropriate in response to any public health or safety reasons. Section 9. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional reasonable expenses incurred by Landlord to maintain the Structure or any other property of Landlord that are caused by Tenant's use and occupancy of the Leased Premises. If Tenant fails to promptly repair any damage to Landlord's property following Tenant's installation, construction, or maintenance of the Antenna Facilities, Landlord may, after 24 hours written notice to Tenant, complete needed restoration or maintenance at Tenant's expense, except in cases of an emergency in which case no notice to Tenant is required. Tenant will reimburse such cost to Landlord within 30 days of notice of said cost. RO-I-405A 4 07/29/98 Section 10. Advances in Technoioqy. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, that Tenant replace existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation of the improved antennas are practical and technically feasible at the location of the Leased Premises and will not materially chanQe the ooeration and covera~ie of Tenant's equipment. Section 11. Additional Structures. Tenant acknowledges that Landlord may permit additional structures to be installed on the property described on Exhibit I and Landlord's property adjacent to the Leased Premises. Tenant shall permit such structures to be placed immediately adjacent to Tenant,s building (if any) and will allow attachments to its building so as to give the appearance that all buildings or structures are a connected facility. Such attachments shall be made at no cost to Tenant and shall not compromise the structural integrity of Tenant's building or other improvements on the Lease Premises. Section 12. Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, Tenant shali, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Antenna Facilities on the Lease Premises whenever the City shall have determined that such removal, relocation, change, or alteration is reasonably necessary foe (a) The construction, repair, maintenance, or installation of any City facilities or other public improvement in or upon the Leased Premises; or (b) The operations of the City or other governmental entity in or upon the Leased Premises. In such case, Tenant shall be entitled to a reduction in rent if its Antenna Facilities are not able to be used. Such reduction shall be in proportion to how much of the Antenna Facilities Tenant can use. If Tenant's use of the Antennas Facilities is materially affected by complying with the Landlord's notice for a pedod or greater than 30 days, Tenant may terminate this Lease upon giving 15 days written notice to Landlord, subject to Tenant's duty to restore the Leased Premises as set forth on Section 17. However, if Tenant is required to permanently remove its Antenna Facilities from the Leased Premises under this Section 12. Tenant may erect an(;I maintain on the Leased Premises. at a location aODroVed bv the City. a temoorarv mobile antenna that does not extend any hiQher than the heiaht of the water tank on the Lease Premises. Such mobile antenna shall only be r)ermitted to remain on the Leased Premises for a oedod not to exceed 1~t ¢;lavs from the date the Tenant's e~uioment is orooerlv removed from the water tank on the Lease Premises and the temporary antenna shall comely with all arm#cable laws, ordinances, zonirm and other reoulations and shall not interfere with Landlord's use of the Leased Premises. Tenant shall give Landlord 14 daw notice of the use of any such mobile antenna. Section t3. Inde~n~n. (a) Tenant agrees and binds itself to indemnify, keep and hold the City, its officers, agents, employees, and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Tenant, including but not limited to: (1) Tenant's use of the public ways or other areas of the City in connection with this Lease Agreement; (2) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair, or extension of Tenant's Antenna Facilities; (3) the Tenant's exercise of any dght or RO- 1-405A 5 07/29/98 privilege granted by or under this Lease or any License/Franchise; or (4) the failure, refusal or neglect of Tenant to perform any duty imposed upon or assumed by Tenant by or under this Lease or any License/Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Tenant on account of anything set forth above, Tenant, upon notice given to it by City, will defend the City in any such action or other proceeding, at the cost of the Tenant; and in the event of any settlement or final judgement being awarded against the City, either independently or jointly with Tenant, then Tenant will pay any such settlement or judgement or will comply with such dec, me, pay all reasonable costs and expenses of whatsoever nature and hold the City, its officers, agents, employees, and volunteers harmless therefrom. (b) The Tenant shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action, or judgements based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity adsing out of the use of any Antenna Facilities or the provision of telecommunications service. Section 14. Hazardous Materials. While on or near City's property or easement or in its performance pursuant to this Lease Tenant shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Lease and in any event shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid material,- substances or waste. Regardless of City's acquiescence, Tenant shall indemnify and hold City, its officers, agents, employees, and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from Tenant's violation of this paragraph and agrees to reimbume City for all costs and expenses incurred by City in eliminating or remedying such violations. Tenant also agrees to reimburse City and hold City, its officers, agents, employees, and volunteers harmless from any and all costs, expenses, attorney's fees, and all penalties or civil judgements incurred by or obtained against any of them as a result of Tenant's use or release of any hazardous material, substance, or waste onto the ground or other, vise, or into the water or air from, near or upon City's premises. Section 15. Insurance. (a) Reouirement of Insurance. Tenant shall, at its expense, obtain and maintain dudng the life of the Lease insurance and bonds required by this Lease. Any required insurance and bonds shall be effective pdor to the beginning of any work by Tenant within the City. (b) Commercial General Liability. Tenant shall maintain dudng the life of its Lease Commercial General Liability insurance coverage on an occurrence basis insudng against all claims, loss, costs, damage, expense, or liability from loss of life or damage or injury to persons or property adsing out of any of the work or activity under or by virtue of its Lease or arising out of the Lease. The minimum limits of liability for this coverage shall be $1,000,000.00 combined single limit for any one occurrence and $1,000,000.00 aggregate. (c) Contractual Uabilitv. Tenant shall maintain during the life of its Lease broad form Contractual Liability insurance including the indemnification obligation set forth in this Lease if it is not included in the Commercial General Uability insurance coverage in (b) above. (d) Workers' Comoensation. Tenant shall maintain during the life of its Lease Workers' Compensation insurance covering Tenant's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its Lease. Minimum limits of liability for Employer's Liability shall be $100,000.00 bodily each occurrence, $500,00.00 bodily injury by disease (Policy limit); and $100,00.00 bodily injury by disease (each RO-I-405A 6 07/29/98 employee). W'~h respect to the Workers' Compensation and Employer's Liability coverage, the Tenant's insurance company shall waive dghts of subrogation against the City, its officers, agents, employees, and volunteers. (e) Automobile Liability. Tenant shall maintain dudng the life of its Lease Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000.00 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its Lease. (f) Umbrella Coverage. The insurance coverages and amounts set forth in subsections (b), (c), (d), and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying pdmary coverage in a minimum amount of $1,000,000.00. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections (b), (c), (d), and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance by Tenant to the City. (g) Evidence of Insurance. All insurance shall meet the following requirements: (1) The Tenant shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The City shall be notified of any deductible greater that 10% of the policy limit and such deductible shall be subject to approval of the City, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to - pre-funded/fully-funded deductible programs upon proper documentation acceptable to the City of Roanoke's Risk Manager. (2) The required certificate or certificates of insurance shall include substantially the following statement; 'The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate of certificates of insurance shall name the City of Roanoke, its officers, agents, employees, and volunteers as additional insured in connection with this Lease Agreement. (4) Insurance coverage shall be in the form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease shall be authorized to do business in the Commonwealth of Virginia. (h) Bond. Tenant shall post and maintain for the life of its Lease a performance bond in favor of the City in the amount of $7.500.00 Der site. The bond shall be issued by a bonding company approved by the City and authorized to do business in Virginia. Section t~. Damaee or I:)ealrucligfi, (a) If, due to no fault of Tenant, the Antenna Facilities are destroyed or damaged so as to, in Tenant's judgement, substantially impair Tenant's effective use of the Antenna Facilities, Tenant may terminate this Lease upon 30 days written notice to Landlord, which notice must be given within thirty (30) days of the date of such destruction or damage. If Tenant so terminates this Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of termination. (b) If the Antenna Facilities are destroyed or damaged due to any action or fault of the Tenant, the Tenant shall promptly replace of repair the Antenna Facilities, repair or replace any damaged or destroyed property of Landlord and continue to pay rent to Landlord. RO-1-405A 7 07/29/98 Section t7. Lease Termination, (a) Events of Termination. Except as may otherwise be provided in this Lease, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default (without, however, limiting any other dghts of the parties pursuant to any other provisions hereof); (2) subject to the provisions of Section 6 of this Lease, by Tenant for cause if it is unable to obtain or maintain any license, permit, or other Governmental Approval necessary for the construction and/or operation of the Antenna Facilities or of Tenant's business; (3) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities' design or engineering specifications or the communications systems to which the Antenna Facilities belong; (4) by Landlord if it determines that Landlord needs the use of the Leased Premises for its communications needs. Provided, however, Tenant shall have 60 days to provide Landlord with reasonable and workable solutions that would resolve the matter and that such solutions would be able to be implemented at no cost to Landlord within a 180 day period of time from the date Landlord gave notice. to Tenant. It will be the Landlord's decision, in its discretion, to determine if such proposed solutions by Tenant should be implemented. If no solutions are proposed by Tenant or Landlord does not accept such proposed solutions, Tenant will have twenty-four (24) months from the date of Landlord's odginal notice to Tenant under this subsection or the remaining portion of the Lease, whichever is less, to remove its Antenna Facilities and restore the Leased Premises as required by this Lease; (5) by Landlord, if Landlord determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions of any of the Government Approvals. Such failure shall be a default of Tenant's obligations under the terms of this Lease. However, Tenant shall have thirty days from the date of any notice to correct such default; (6) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of the age of the Structure, damage or destruction of all or part of the Structure due to any cause whatsoever, or any factors relating to the condition of the Leased Premises; or (7) by either party upon 30 months notice as set forth in Section 2. (b) Notice of Termination. The parties shall give notice of termination in writing. Tenant shall be liable to Landlord for all rent, additional consideration and taxes under this Lease for the period of this Lease pdor to said termination date, except as set forth in Sections 6(a) and 6(b). (c) Tenant's Liability for Eadv Termination. If Tenant terminates this Lease other than of right as provided in this Lease, or if Landlord terminates this Lease as its remedy for Tenant's default of its obligations hereunder, Tenant shall pay to Landlord as liquidated damages for early termination 150% of the unpaid annual rent for the Lease year in which the termination occurs, unless Tenant terminates this Lease during the last year of the Term (or the current Renewal Term), in which event Tenant shall be liable for 100% of the unpaid Rent for that Lease year. However, Tenant shall remain liable for any other damages, expenses, or costs Landlord may be entitled to. (d) site Restoration. If this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities and related equipment from the Leased Premises, to repair the Leased Premises to their condition pdor to installation of the Antenna Facilities, ordinary wear and tear excepted. Upon commencement of this Lease, Tenant shall clepos;t RO-I-405A 8 07/29/98 with Landlord a bond or cash in the sum of $7,500.00, as required in Section 15 (h), which shall include coverage for the timely removal of the Antenna Facilities, and related equipment, and the repair and the restoration of the Leased Premises and Landlord's property to the reasonable satisfaction of Landlord. If Tenant's Antenna Facilities and related equipment are not removed to the reasonable satisfaction of Landlord, they shall be deemed abandoned and shall become the property of Landlord and Tenant shall have no further rights thereto or the Landlord shall have the right to remove such items and charge the Tenant the cost of such removal and/or disposal of such items. Tenant has notified Landlord that the following entities have an interest in the Antenna Facilities and related equipment of financing arrangements with Tenant: Triton PCS Property Comrmny, L.L.C 9211 Arboretum Parkway, Suite 20n Richmond, Viminia 2323~ Attention: Director of Enflineedn~l and Ooerationc If Landlord removes the Antenna Facilities or related equipment, other than in the case of an emergency, Landlord must give written notice to the listed entities at the addresses provided, informing them that the Antenna Facilities and/or related property have been removed and will be deemed abandoned if not claimed by said entities and the storage fees and other reasonable costs paid within thirty (30) days.. Section 18. Limitation of Landlord's Li-_bility. The Landlord, its officers, agents, or employees shall not be liable to Tenant for any damages of any type or loss or interruption of any of Tenant's business or telecommunications services caused by any acts, omissions, or actions of Landlord, whether negligent or otherwise. Furthermore, if Landlord terminates this Lease other than as of right as provided in this Lease or by law, or Landlord causes interruption of the business of Tenant, or otherwise breaches this Lease, to the extent Landlord may be held liable to Tenant, Landlord's liability for damages to Tenant shall be limited to only the actual and direct costs of equipment removal, and shall specifically exclude any recovery for value of the business of Tenant as a going concern, present or future expectation of profits, loss of business or profits, or any other related damages of Tenant. I Section 19. Tem~rary Interruptions of Service If Landlord detem~ines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give pdor notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities regardless of the cause or fault of Landlord. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, within a thirty day period, Tenant shall have the right to terminate this Lease in accordance with Section 17 above or to agree with Landlord to a prorated reduction of rent. Section 20. Tenant Interference. (a) With Landlord's ProDertv. Tenant shall not interfere with Landlord's use of the Leased Premises or Landlord's property adjacent to the Leased Premises or the Structure. Tenant shall cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than 48 hours after receipt of written notice of the interference from Landlord. If Tenant's cessation of such action is matedal to Tenant's use of the Leased Property and such cessation frustrates Tenant's use of the RO-I-405A 9 07/29/98 Leased Premises as determined by Tenant in its sole discretion, Tenant shall have the immediate dght to terminate this Lease. (b) With Hi,qher Pdority Users. If Tenant's Antenna Facilities cause impermissible interference with higher pdority users as set forth in Subsection 7(a) above, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference with User of Equal or Lesser Priority. If Tenant's Antenna Facilities cause impermissible interference with users of equal or lesser pdority as Tenant, Tenant and other user(s) shall cooperate and exercise good faith and their best efforts to eliminate such interference. However, the responsibility of eliminating such interference shall be on the user who was the last one to be allowed on the Leased Premises. If such interference cannot be eliminated within 30 days after written notice from Landlord or from the other user, the user who has the responsibility for eliminating such interference shall cease operating its Antenna Facilities and remove them from the Leased Premises within a reasonable period of time and restore the Leased Premises as called for by the Lease. (d) Interference Study - New Occuoants. Upon written notice by LandJord that it has a bona fide request to Lease or use the Leased Premises or an area in close proximity to the Leased Premises, Tenant agrees to provide Landlord, within thirty (30) days of the notice, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time'of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. Section 21. Assianments. This Lease, and the rights hereunder, may not be sold, assigned or transferred at any time by Tenant to Tenant's affiliates or subsidiaries or to any person controlling, controlled by, or under common control with Tenant, or in connection with the meq3er, consolidation, or sale, of all or substantially all of the stock or assets of license, except upon prior written notice to Landlord. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an ' affiliate' or 'subsidiary' means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. Unless expressly agreed to by Landlord, any assignee of Tenant hereunder, must first receive FCC or state regulatory agency approvals and acquire or succeed to. Tenant's radio communications business, and must assume all obligations of Tenant under this Lease. Tenant may sublease the Lease Premises only with the prior written consent of Landlord. However, in all cases Tenant will continue to remain liable for all obligations under this Lease. Section 22. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. If a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of transfer of title, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitle to any portion of the award paid for the taking and Landlord shall receive the full amount of such award. Tenant hereby expressly waives any dght or claim to any portion thereof. Although all damages, whether awarded as RO- 1-405A 10 07/29/98 compensation for diminution in value of the Leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the dght to claim and recover from the condemning authority, but not from Landlord acting as Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in removing its equipment, personal property, Antenna Facilities, and Leasehold improvements, and any relocation expenses. Section 23. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized ovemight couder, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: If to Landlord, to: City of Roanoke City Manager 364 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 Attn: W. Robert Herbert Fax No. 540-853-1138 VV'~ a copy to: Kit B. Kaiser, Director of Utilities and Operations 354 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 If to Tenant, to: Triton PCS Property Company L.L.C. 9211 Arboretum Parkway, Suite 200 Richmond, Virginia 23236 Attn: Director of Engineering and Operations Fax No. 804-323-1560 Wr~h a copy to: Triton Management Company, Inc. 101 Lindenwood Drive, Suite 125 Malvem, PA 19355 Attn: President Notice shall be deemed delivered upon the date of personal sewice, two days after deposit in the United States mail, the day after delivery to a nationally recognized ovemigM courier, or upon the date of confirmation of a facsimile transmission. Section 24. Miacellaneous. (a) If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker and shall hold the other party harmless fi'om any claims for any commission by such broker. (b) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached as Exhibit 4) necessary to carry out the intent and purposes of this Lease. Either party may record the Memorandum of Lease, but neither party may record the Lease. Also attached a~ Exhibit 5 is a list, as determined by Tenant, of existino liens or mortoaoe, if any. for the oroeertv described in Exhibit 1. RO- 1-405A 11 07/29/98 (c) If any term of this Lease is found to be void or invalid, such invalidity shall not affect the ' remaining terms of this Lease, which shall continue in full force and effect. The parties intend that the provisions of this Lease be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (d) The persons who have execute this Lease represent and warrant that they are duly authorized to execute this Lease in their representative capacities as indicated. (e) The submission of this document for examination does not constitute an offer to Lease or a reservation of or option for the Leased Premises and shall become effective only upon execution by both Tenant and Landlord. (f) This Lease 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. (g) The parties understand and acknowledge that Exhibit 3 (the sketch of the Leased Premises) may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of a final, more complete exhibit, Exhibit 3 may be replaced by the parties with a final, more complete exhibit, which exhibit shall be agreed to and conformed by the parties. (h) Tenant shall at all times comply with ordinances, and regulations. all applicable federal, stat.e, and local laws, (i) The terms, conditions, provisions, and undertakings of this Lease shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (j) The paragraph Captions and Headings in this Lease are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. (k) Tenant shall not discriminate on the basis of race, religion, color, sex, or national origin in its employment practices, contracting or provision of services. (I) By virtue of entedng into this Lease, Tenant agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Lease is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia or any applicable federal laws. (m) Tenant agrees that the Landlord's waiver or failure to enforce or require performance of any term or condition of this Lease or the Landlord's waiver of any particular breach of this Lease by the Tenant 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 Lease or a waiver of any (Xher breaches of the Lease by the Tenant and does not bar the Landlord from requiring the Tenant to comply with all the terms and conditions of the Lease and does not bar the Landlord from asserting any and all rights and/or remedies it has or might have against the Tenant under this Lease or by law. (n) This Lease constitutes the entire agreement and understanding of the. parties and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by. both parties. RO-I-405A 12 07/29/98 IN WITNESS WHEREOF, the parties have executed this Lease by the following signatures. ATTEST: City Clerk WITNESS: Corporate Seal LANLORD: City of Roanoke By: Fed Tax ID ~, TENANT: Triton PCS Property Company, L.L.C. By: Triton PCS Manaqement Comoanv. Inc.. authorized member & manaoirm member By:. Name; T~le: Approved as to Form: Approved as to Execution: City Attorney Appropriation and Funds Required for this Contract Certified: City Attomey Director of Finance Date: Acct ~ RO-1-405A 13 07/29/9x STATE OF CITY/COUNTY OF , to-wit: The foregoing Lease was acknowledged before me this day of 199t, by , who is of City of Roanoke, on behalf of the City. My Commission expires the day of Notary Public STATE OF CITY/COUNTY OF , to-wit: The foregoing Lease was acknowledged before me this day of , 199._., by , who is of Triton PCS Management Company, which is the authorized member and managing member of Triton PCS Property Company, L.L.C. Notary Public My Commission expires the day of RO- 1-405A 14 07/29/98 Exhibit I to Lease Between City of Roanoke and Triton PCS Property Company Dated ,19 regarding Mount Pleasant Water Tank The Premises is legally described as follows: BEGINNING at a point on the westerly line of Lot ~3 and easterly right of way line of Plateau Road; said point marking intersection of the northerly Appalachian Power Company easement line and said westerly line of Lot #3; thence through Lot #3 North 11° 58' 27' West, 50.00 feet to a point, North 78° 01' 33' East, 50.00 feet to a point, South 11 ° 58' 27" East, 50.00 feet to a point on the aforesaid northerly Appalachian Power Company easement line; thence with the line of the same South 78° 01' $3' West, 50.00 feet to the point of beginning, and containing 2,500 square feet or 0.057 acre, and being shown on Plat No. 6252-JJ, entitled 'Plat Showing a Portion of Lot 3, Block 5, Rosewood Park and Permanent Access & Water Line Easement, Property of Linda Moador, Located in the City of Roanoke, Virginia', prepared by Dewberry & Davis, Marion, Virginia, dated December 31, 1992, a copy of which pla is recorded in the Clerk's Office, Circuit Court, City of Roanoke, Virginia, in Deed Book 1713, page 1248. Said property is identified by Roanoke City official Tax Map No. 4440737. BEING the same mai estate conveyed to the City of Roanoke, Virginia by deed by Linda Bryant Mead0r and Larry J. Meador, her husband, dated March 8, 1994, recorded May 23, 1994, in the Clerk's Office, Circuit Court, City of Roanoke, Virginia, in Deed Book 1713, page 1248. RO- 1-405A 15 07/29/98 Exhibit 2 to Lease Between City of Roanoke and Triton PCS Property Company Dated ,19 regarding Mount Pleasant Tank Description or Plan of Tower depicting proposed antenna and microwave dish location and building. RO-I-405A 16 07/29/98 Exhibit 3 to Lease Between City of Roanoke and Triton PCS Property Company Dated ,19 , regarding Mount Pleasant Tank RO-1-405A 17 07/29/98 Tax Map Number:. 4440737 Exhibit 4 to Lease Between City of Roanoke and Triton PCS Property Company Dated ,19 regarding Mount Pleasant Tank MEMORANDUM OF L;ASF To the Lease Agreement dated ,1998, between the City of Roanoke, Virginia, as Landlord, and Triton PCS Property Company, L.L.C., as Tenant. After recording please return to: Memorandum of Lease between the City of Roanoke, (Landlord) and Triton PCS Property Company, L.L.C. (Tenant). By Lease Agreement dated ,1998, (Lease Agreement) between Landlord and Tenant, Landlord has agreed to lease to Tenant a certain portion of Landlord's property located in the area of the intersection of Redwood Road and Plateau Road, to include a portion of the structure known as the Mount Pleasant Water Tank, located in the City of Roanoke, Virginia, but only that portion of Landlord's property and water tank where Tenant's equipment and antennas are located and approved by Landlord is being leased to Tenant, which property is more particularly described in Exhibit 3 _ attached hereto and made a part hereof. Landlord and Tenant now desire to enter intb this Memorandum of Lease, in accordance with the provisions of §55-57. I(A) of the Code of Virginia (1950), as amended, so that this Memorandum of Lease may be recorded in the appropriate clerk's office, if requested by either party. Pursuant to §55-57. I(A) of the Code of Virginia (1950), as amended, Landlord and Tenant hereby state the following: 1. The name of the Landlord is City of Roanoke, Virginia. 2. The name of the Tenant is Triton PCS Property Company, L.L.C. 3. The date of the Lease Agreement is ,1998. This Lease is for a term of years and months and will commence on 1998 (commencement date) and shall terminate on July 31, 2002. Tenant may extend this lease for up to two five year terms upon agreement of the Landlord, at Landlord's sole discretion. The Lease is subject to the terms, provisions, and conditions contained in the Lease Agreemeat. 4. The address of the Landlord is: City of Roanoke City Manager 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attn: W. Robert Herbert with a copy to: Kit B. Kaiser, Director of Utilities and Operations 354 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 RO-I-40:SA ] 8 07/29/98 The address of the Tenant is: Triton PCS Property Company, L.L.C. 9211 Arboretum Parkway, Suite 200 Richmond, Virginia 23236 Attn: Director of Engineering and Operations with a copy to: Triton Management Company, Inc. 101 Lindenwood Drive, Suite 125 Malvem, PA 19355 Attn: President A description of the Leased Property is attached hereto and made a part of hereof as Exhibit 3. Tenant agrees to execute and deliver to Landlord such reasonable documents as Landlord may request upon expiration or any eadier termination of the term of this Lease Agreement to terminate and release this Memorandum of Lease in the clerk's office. Landlord executes this Memorandum of Lease for the sole purpose of providing record notice of the Lease Agreement in the appropriate clerk's office. The Memorandum is not a complete summary of the Lease and shall not be used in interpreting any provision of the Lease. Any conflict between the terms of the Memorandum of Lease and Lease Agreement shall be resolved in accordance with the terms, provisions, and conditions contained in the Lease Agreement, which are paramount and controlling. Remainder of Paqe Intentionally Left Blank RO-1-405A 19 07/29/98 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease by the following signatures. ATTEST: LANDLORD: City of Roanoke City Clerk WITNESS: Corporate Seal By: Fed Tax ID TENANT: Triton PCS Pmparty Company, L.L.C. By: Triton PCS Manauement Company, Inc., authorized member and manaQing member By: Name: Title: Approved as to Form: Approved as to Execution: City Attorney City Attomey RO- 1-405A 20 07/29/98 STATE OF CITY/COUNTY OF , to-wit: The foregoing Lease was acknowledged before me this day of 199.._, by , who is of City of Roanoke, on behalf of the City. My Commission expires the day of Notary Public STATE OF CITY/COUNTY OF , to-wit: The foregoing Lease was acknowledged before me this day of 199_, by , who is of Triton PCS Management Company, which is the authorized member and managing member of Tdton PCS Property Company, LL.C. Notary Public My Commission expires the day of RO-1-405A 21 07/29/98 Exhibit $ to Lease Between City of Roanoke and Triton PCS Property Company Dated ,19 regarding Mount Pleasant Tank Existing Liens or Mortgages as Determined by Tenant a) Liens: None b) Judgements: None RO- 1-405 A 22 07/29/98 The Roanoke Times Ad Number: 850703 'Publisher's Fee: $96.00 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 08/09/98 FULL RUN - Sunday Witness, this 10th day of August 1998 Authorized Signature NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a ix~tlon of four City owned water tank sites to TH- ton PCS Property Company, L.L.C., for the' purpose of installing antemms aad mlatad equipment thereon for provtd- In~ radio and wireless telecom- munlcations aswlcas. The four water tank sites am: (3.) Gren- din Court Elevated Water Tank No. 1, Tax Map No. 1570101; (2) Mount Pleasant Water Tank, Tax Map No. 4440737; (3) Summit Water Tank, Tax Map No. 5380223.; and (4) WashlnCton Heights Water Tank, ?ax Map No. 2770406. Pumuant to the requireme~s · of l!113.5.2-3.800(B) and ~813, Code of Vl~nla (1950), as amended, notice is hereby l~ven that the City Council of the CRy of Roanoke will hold a punic headn¢ on the above matter at its reCuler meetin~ to be held on August 17, 2998, commencln¢ at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Bufldln& 215 Church Avenue, S.W., Roanoke, VlrClnia. Further iofommtloa is available in the Water Depart- ment Office, 542 Luck Avenue, S.W., Suite 3.18, Roanoke, Virginia. Citizens shall have the oppu~u- nit)' to be hoard and expreas their offlnlon$ on said matter. GIVEN under my hand this 9th day~f August, 1998. Mary R Parker, CRY Ctmk (850703) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease a portion of four City owned water tank sites to Triton PCS Property Company, L.L.C., for the purpose of installing antennas and related equipment thereon for providing radio and wireless telecommunications services. The four water tank sites are: (1) Grandin Court Elevated Water Tank No. 1, Tax Map No. 1570101; (2) Mount Pleasant Water Tank, Tax Map No. 4440737; (3) Summit Water Tank, Tax Map No. 5380121; and (4) Washington Heights Water Tank, Tax Map No. 2770406. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on August 17, 1998, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available in the Water Department Office, 541 Luck Avenue, S.W., Suite 118, Roanoke, Virginia. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 9th day of August, 1998. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, August 9, 1998. Send Publisher°s Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H~HEAR~OT 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 14, 1998 File #17-132 SANDRA H. EAKIN Deputy City Clerk R. Michael Amyx, Executive Director Virginia Municipal League P. O. Box 12164 13 East Franklin Street Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 34012-090898 designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League to be held in Roanoke on October 6, 1998, and designating a Staff Assistant for any meetings of the Urban Section. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. MFP:Io Enclosure pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk The Honorable David A. Bowers, Mayor The Honorable C. Nelson Harris, Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34012-090898. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 6, 1998, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, the Honorable David A. Bowers, Mayor, is hereby designated Voting Delegate, and the Honorable C. Nelson Harris, Vice- Mayor, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1998 Annual Conference, W. Robert Herbert, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk. A'I'FACHMENT C NOTE: This form is to be returned by localities over 35,000 population. Please return by September 29, 1998 to the VML. URBAN SECTION DELEGATES. ALTERNATIVES AND STAFF ASSISTANT8 LOC~ Roanoke, Virqinia (PLEASE TYPE) INFORMATION SUPPLIED BY Mary F. Parker TITLE City Clerk VOTING DELEGATE NAME navid A_ Rnwers ~ Mavnr ~DRE$$ 215 Church Avenue, S. W., Room 456, Roanoke, Virginia TELEPHONE: BUSINESS 540-853-2444 ,HOME, 540-427-4150 24011-1536 ALTERNATE V(XII2~G DELF_~}ATE NAME C. Nelson Harris ~DP. ES$ 215 Church Avenue, S. W., II~LEPHO1N'E: BUSINESS 540-776-0198 ~ Vice-Mayor Room 456, Roanoke, Virqinia HOME. 540-344-9547 24011-1536 STAFFASSISTANT NAME W. Robert Herbert ADDRESS 215 Church Avenue. S. W.. TELEPHONE: BUSINESS 540-853-2333 ~ City Manager Room 364. Roanoke. Virginia HOME 540-989-7447 24011-1536 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y c~rk September 14, 1998 Sandm H. Eakin Deputy cay Ck~rk F~e#17-132 W. Robert Herbert City Manager Roanoke, V"~rginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34013-090898 providing that the regular meeting of City Council scheduled to be held on Monday, October 5, 1998, shall be rescheduled to Wednesday, October 7, 1998, due to the %ru~nia Municipal League Annual Conference which will be held in the City of Roanoke on October 4 - 6, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. MFP:Io Attachment pc Sincerely, Mary F. Parker, CMC/AAE City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor W'fllard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works George C. Snead' Director, Public Safety 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1998. No. 34013-090898. A RESOLUTION providing that the regular meeting of City Council scheduled to be held on Monday, October 5, 1998, shall be rescheduled to Wednesday, October 7, 1998. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Virginia Municipal League Annual Conference to be hosted by the City of Roanoke in this City on October 4-6, 1998, the meeting of City Council regularly scheduled to commence at 12:15 p.m., on Monday, October 5, 1998, is hereby rescheduled to commence at 12:15 p.m., on Wednesday, October 7, 1998, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adop~l 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 5, 1998. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~ c~rk September 14, 1998 8andra H. Eakin r~puty city Cbrk File #132 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 34014-090898 providing that the regular meeting of City Council scheduled to commence at 12:15 p.m., on November 2, 1998, shall commence at 2:00 p.m., on the same date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Tuesday, September 8, 1998. MFP:Io Attachment pc: Sincerely, Mary F. Parker, CMCIAAE City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Willard N. Claytor, Director, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works George C. Snead, Director, Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIROINIA, The 8th day of September, 1998. No. 34014-090898. A RESOLUTION providing that the regular meeting of City Council scheduled to commence at 12:15 p.m. on November 2, 1998, shall commence at 2:00 p.m., on the same date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The regular meeting of City Council scheduled to commence at 12:1:5 p.m., on Monday, November 2, 1998, is hereby rescheduled to commence at 2:00 p.m., on Monday, November 2, 1998, such meeting to be held in the Council Chambers of the Municipal Building, 215 Church Avenue, S. W. 2. Resolution No. 33896-070698, adopted July 6, 1998, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to November 2, 1998. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #132 Sandra H. Eakin r~puty c~y Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 8, 1998, Council Member Swain commended City staff on a report with regard to quality of life issues in the City of Roanoke; i.e.: weed control measures, animal control, junk oars, etc. He suggested that certain informational items be included on the City Page of The Roanoke Times. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Mary F. Parker, CMCIAAE Cay C~rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File #137-144 Sandra H. Eakin Deputy Cay Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 8, 1998, Council Member Swain expressed concern with regard to littering on the premises of fast food restaurants which is carried into residential neighborhoods. He spoke in support of the City enacting legislation that would require those business establishments to be responsible for collecting litter as a result of violations on their premises. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Wilbum C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works Mary F. Parker, CMC/AAE C~y C~.rk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File ~60-175 8andra H. Eakin [~puty c~y c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Tuesday, September 8, 1998, Council Member White requested that you review City government operations to identify those areas where re-engineering of City services will save tax dollars, and that the matter be referred to 1999-2000 budget study for discussion. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: James D. Grisso, Director of Finance Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget H :~AGEN DAE~E~T6.WPO Mary F. Parker, CMCIAAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk September 14, 1998 File ~0-175 8andra H. Eakin ~puty c~y Ck.k 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 Tuesday, September 8, 1998, Council Member White referred to undeveloped property in the vicinity of Cove Road, Hershberger Road and Ferncliff Avenue, N. W., and requested that you, through the City's Economic Development Department, ensure those property owners that the City is willing to assist them in developing their property to its highest and best use. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io H:~AG ENDAgg~.t- i o.WPO 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 8, 1998 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Your attention is called to Section 9, Elections by Council, when held, terms, etc., of the Roanoke City Charter which provides, in part, that during the month of September 1974 and during the month of September of the second year thereafter, the Council shall elect a City Clerk, a Director of Finance, a Municipal Auditor and a City Attorney, each of whom shall serve for a term of two years from the first day of October next following the date of his election and until his successor shall have been elected and qualified. Pursuant to the abovereferenced City Charter provision, the two year terms of the following Council Appointed officers will expire on September 30, 1998: Mary F. Parker, City Clerk James D. Grisso, Director of Finance Robert H. Bird, Municipal Auditor Wilburn C. Dibling, Jr., City Attorney With kindest personal regards, I am Sincerely yours, Mary F. Parl~er, CMC/AAE City Clerk MFP:se H:~APPOINTE.WPD COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Sandra H. Eakin, Deputy City Clerk, and as such Deputy 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 eighth day of September, 1998, MARY F. PARKER was reappointed as City Clerk for the City of Roanoke for a two year term commencing October 1, 1998 and ending September 30, 2000. Given under my hand and the Seal of the City of Roanoke this 16th day of September, 1998. Deputy City Clerk H:~AG~~s.W~O COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the eighth day of September, 1998, JAMES D. GRISSO was reappointed as Director of Finance for the City of Roanoke for a two year term commencing October 1, 1998 and ending September 30, 2000. Given under my hand and the Seal of the City of Roanoke this 16th day of September, 1998. City Clerk H:~AGENDAgS~,,~=T&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 eighth day of September, 1998, WlLBURN C. DIBLING, JR., was reappointed as City Attorney for the City of Roanoke for a two year term commencing October 1, 1998 and ending September 30, 2000. Given under my hand and the Seal of the City of Roanoke this 16th day of September, 1998. City Clerk H:~AG ENDAg6'I~ ~ ~.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 eighth day of September, 1998, E. DUANE HOWARD was appointed as a member of the Fair Housing Board for a term ending March 31, 2001. Given under my hand and the Seal of the City of Roanoke this 14th 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 which was held on the eighth day of September, 1998, THELMA R. HOLLAND was appointed as a member of the Cultural Services Committee for a term ending June 30, 1999. Given under my hand and the Seal of the City of Roanoke this 14th 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 which was held on the eighth day of September, 1998, WILL TRINKLE was appointed as a member of the Roanoke Arts Commission for a term ending June 30, 2001. Given under my hand and the Seal of the City of Roanoke this 14th day of September, 1998. City Clerk H:~GENI~AgS~EPT~WPO