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HomeMy WebLinkAboutCouncil Actions 08-17-9833971 TROUT ROANOKE CITY CO UNCIL REGULAR SESSION August 17, 1998 12:15 p. nr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. Recess and reconvene at 12:30 p.m., in the Cafeteria at Wasena Elementary School, 1125 Sherwood Avenue, S. W., for a joint meeting of Roanoke City Council and the Roanoke City School Board. ROANOKE CITY CO UNCIL REGULAR SESSION August 17, 1998 2:00 p. rrr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend John L. Washington, Pastor, Faith and Hope Church of God in Christ. The Hedge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting w/Il be replayed on Channel 3 on Thursday, August 20, 1998, at 7:00 p.m. 2 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. The Mayor presented a Key to the City to Ms. Nicholle Johnson, Miss Virginia. File #80 0 CONSENT AGENDA C-1 (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. Minutes of the regular meeting of Roanoke City Council held on Monday, May 4, 1998; City Council acting as the Personnel Committee on Wednesday, May 6, 1998; the special meeting of Council held on Monday, May 11, 1998; and the regular meeting of Council held on Monday, May 18, 1998. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. 3 C-2 A communication from the Honorable David A. Bowers, Mayor, requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #110-132 Session. C-3 A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to acquisition of real property for pubhc purpose, specifically property to be used as a City park, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Executive File #2-67-132 Session. C-4 A communication from the Honorable Sherman A. Holland, Commissioner of the Revenue, with regard to a request of Enterpr/se Rent-A- Car for relief from the wholesale business license requirement. RECOMMENDED ACTION: Receive and file. File #79-106-322 C-5 Qualification of the following persons: Raleigh Campbell as a member of the Human Services Committee for a term ending June 30, 1999; File #15-72-110 Stephen L. Jamison as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001; File #15-110-184-202 Sandra W. Ryals as a member of the Roanoke Commission for a term ending September 30, 1999; File #15-110-192 Civic Center Glenn D. Radcliffe as a member of the Human Services Committee for a term ending June 30, 1999; and File #15-72-110 4 Glenn D. Radcliffe as an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2002. File #15-110-305 RECOMMENDED ACTION: Receive and file. C-6 A report of the City Manager requesting that Council schedule a public hearing for Tuesday, September 8, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed boundary amendments to Enterprise Zone Two. RECOMMENDED ACTION: Concur in the request. File #266 REGULAR AGENDA 0 HEARING OF CITIZENS UPON PUBLIC MATTERS: Request of the History Museum & Historical Society to extend an invitation to Council to attend the unveiling of a State Gallery at the Commonwealth Building on Friday, September 11, 1998, at 12:00 noon. D. Kent Chrisman, Executive Director, Spokesperson. (Five minutes) Received and f'ded. File #116-132-524 bo Request to address Council with regard to the City Employee Grievance Procedure. Ronald A. Mathews, Spokesperson. (Five minutes) Deferred until the 7:00 p.m. session. Request to address Council with regard to the City Employee Grievance Procedure. Evelyn D. Wheeler, Spokesperson. (Five minutes) Deferred until the 7:00 p.m. session. 5 4. PETITIONS AND COMMUNICATIONS: A communication fi'om the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of the Victim/Wimess Assistance Program Grant, in the amotmt of $87,366.00 and a local cash match of $25,671.00; appropriation of funds in connection therewith; and a report of the City Manager concurring in the recommendation. Adopted Ordinance No. 081798. (7-0) File #60-133-236-502 33971-081798 and Resolution No. 33972- A communication fi'om the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending appropriation of $16,491.00, in connection with cash assets forfeited to the Commonwealth Attorney's Office; and a report of the City Manager concurring in the recommendation. Adopted Ordinance No. 33973-081798. (7-0) File #60-133-236 Co A communication fi'om the Honorable Donald S. Caldwell, Commonwealth's Attorney, recommending acceptance of funding, in the amount of $88,149.00 from the Compensation Board and $14,806.00 in local funds, for the Drug Prosecutor's Office; and a report of the City Manager concurring in the recommendation. Adopted Ordinance No. 33974-081798 and Resolution No. 33975- 081798. (7-0) File #60-76-108-133-236 5. REPORTS OF OFFICERS: a. CITY MANAGER: A briefing with regard to the Citizen's Police Academy. (Ten minutes) Received and filed. File #5 ITEMS RECOMMENDED FOR ACTION: A report recommending that the City Attorney, the Director of Finance, and the Superintendent of the Juvenile Detention Center serve as temporary legal counsel, fiscal agent and administrator, respectively, for the Roanoke Valley Detention Commission. Adopted Resolution No. 33976-081798. (7-0) File #1-83-110-305 o A report recommending that the City Manager be authorized to execute a contract with Whitesell Orrison, Inc., in the amount of $119,250.00, to provide professional services for the Carvins Cove Land Use Study; and appropriation of funds in connection therewith. Adopted Ordinance No. 33977-081798 and Resolution No. 33978-081798. (7-0) File #60-405-468 A report recommending that the City Manager be authorized to issue Change Order No. 2 to the contract with Danis Environmental Industries, Inc., in the amount of $65,782.00, in connection with upgrading and expansion of the Water Pollution Control Plant. Adopted Ordinance No. 33979-081798. (7-0) File #27-468 7 o A report recommending acceptance of the Hazardous Materials Regional Response Team Grant, in the amount of $15,000.00; and appropriation of funds in connection therewith. Adopted Ordinance No. 33980-081798 and Resolution No. 33981-081798. (7-0) File #60-188-236 A report recommending that the City Manager be authorized to enter into a contract with Total Action Against Poverty to provide certain program services for the City, upon certain terms and conditions. Adopted Resolution No. 33982-081798. (7-0) File #226 A report recommending that the City Manager be authorized to issue Change Order No. 2 to the contract with J & W Sandblasting, in the amount of $66,000.00, and appropriation of funds, in connection with exterior and interior potable water tank painting at Crrandin Court Tanks 1 and 2 and Carroll Avenue Tank. Adopted Ordinance No. 33983-081798 and Ordinance No. 33984-081798. (7-0) File 060-468 o A report with regard to continuation of the Office on Youth Grant. Adopted Ordinance No. 33985-081798 and Resolution No. 33986-081798. (7-0) File 060-236-304 A report in connection with providing ten per cent matching funds, in the amount of $200,000.00, for purchase of buses and capital equipment for the Greater Roanoke Transit Company. Adopted Ordinance No. 33987-081798. (7-0) File #60-55-472 10. A report in connection with a Risk Management Services contract with J & H Marsh and McClennan of Virginia, Inc., for a period of three years with an option to renew for two additional one year periods, at an annual cost of $33,000.00. Adopted Resolution No. 33988-081798. (7-0) File t/58-396-405 b. DIRECTOR OF FINANCE: A report with regard to appropriation of funds and establishment of a revenue estimate for the Roanoke Higher Education Authority. Adopted Ordinance No. 33989-081798. (7-0) File #60-414 6. REPORTS OF COMMITTEES: A report of the Bid Committee in connection with bids received by the City for traffic signals at the intersection of Main Street, Elm Avenue, and Ferdinand Avenue, S. W., recommending acceptance of the bid submitted by H. & S. Construction Company, in the amount of $172,610.50; transfer of funds in connection therewith; and a report of the City Manager concun/ng in the recommendation of the Bid Committee. Council Member Carroll D. Swain, Chairperson. Adopted Ordinance No. 33990-081798 and Ordinance No. 33991- 081798. (7-0) File #20-60-217-264 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 9 ao Ordinance No. 33961, on second reading, creating Vir~nia's First Regional Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective fights and obligations of member localities as to the Authority. Adopted Ordinance No. 33961-081798 on second reading. (7-0) File #207-450 bo Ordinance No. 33968, on second reading, authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue between Second Street, S. W., and the raikoad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. Adopted Ordinance No. 33968-081798 on second reading. (7-0) File 0223-392-468 Ordinance No. 33970, on second reading, granting a revocable license to allow a 20 foot asphalt berm and a seven foot asphalt berm encroaching into the public right-of-way along the fi'ont of the property located at 1600 Westchester Avenue, S. W., Official Tax No. 5160115, upon certain terms and conditions. Adopted Ordinance No. 33970-081798 on second reading. (7-0) File #166-169-468 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Hudson requested that the City Manager review the feasibility of removing parking meters from City streets. He referred specifically to parking meters in downtown Roanoke and in the Grandin Road area. It was the concensus of Council that the matter would be referred to the City Manager for report to Council. File #20-132-514 l0 Council Member Trout expressed concern with regard to conversion of residential homes into apartments, thus creating parking problems. He referred specifically to a house located on Broadway, S. W., which was converted into apartments and a building was constructed in the back yard and attached to the original structure. He advised that the Chief of Community Planning reviewed the matter and discovered a provision in the Zoning Ordinance that permitted the construction; however, the Chief of Community Planning advised that a report would be presented to Council in the near future to address the situation. Council Member Trout inquired as to the status of the report from the City Planning Commission. It was the concensus of Council that the matter would be referred to the City Manager for report to Council. File #20-51-132-200-514 Council Member White requested that the Director of Finance prepare a compilation on the amount of real estate taxes required to be collected by the City on a residential property in order to cover the cost of police, fire, and refuse collection services, etc.: i.e.: what is the break even point as far as residential property value when citizens of Roanoke are not called upon to subsidize fixed costs. He also requested a separate compilation on education. It was the concensus of Council that the matter would be referred to the Director of Finance for report to Council. File #79-132-162-467 Council Member White commended a program initiated by the Sheriff's Department in which inmates clear debris from major thoroughfares of the City. File #121-132-144-514 Council Member White called attention to certain public and private construction work currently in progress in the vicinity of school buildings and requested that the City Manager take the necessary measures to insure that work is completed as much as possible prior to the opening of school on August 31, 1998. It was the concensus of Council that the matter would be referred to the City Manager. File #132-467 Council Member Wyatt inquired as to the status of the proposed skateboard park that was to be a joint venture between Roanoke City and Roanoke County. It was the concensus of Council that the matter would be referred to the City Manager for a status report to Council. File #67-132 Council Member Wyatt inquired as to the need for an update to the City's Comprehensive Land Use Plan. It was the concensus of Council that the matter would be referred to the City Manager for report to Council. File #51-132-200 10. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TT_O_ _BE _H_EARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A IME FOR COUNCIL TO LISTEN. MATTERS REQUIRING W~iiF~_E__RI~__ L_TO THE CITY MANAGER WILL BE REFERRED, IHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY Sl'O S , m'O T TO COUNCIL. CERTIFICATION OF EXECUTIVE SESSION: (7-0) Council authorized the City Manager to offer Habitat for Humanity in the Roanoke Valley the sum of $352,800.00 for property located on Quail Drive, N. W., in the City of Roanoke, such offer is the final best offer by the City and shall be open for ten days from August 17, 1998. (6-1) (Mayor BoWers voted no.) File #2-399 Council reconvened in Executive Session. CERTIFICATION OF EXECUTIVE SESSION: (7-0) 12 Georgetta A. Welsh was appointed to the Roanoke Arts Commission for a term ending June 30, 2000. File #110-230 Kathy Wilson was appointed to the Special Events Committee for a term ending June 30, 1999. File #15-110-317 Lawrence E. Johns was appointed to the Architectural Review Board for a term ending October 1, 2001. File #15-110-249 Duane A. Kavka was appointed to the Youth Services Citizen Board for a term ending May 31, 2001. File 015-110-304 Anita J. Price was appointed to the Advisory Board Development for a term ending November 30, 2001. File 015-110-72 of Human Katheryn M. McCain was appointed to the Human Services Committee for a term ending June 30, 1999. File #15-110-318 Robert I-L Bennett, Jr., was reappointed to the Flood Plain Committee for a term ending June 30, 1999. File #110-237 Samuel G. Oakey, III, was appointed to the Special Events Committee for a term ending June 30, 1999. File 0110-317 Frank Eastburn was appointed to the Cultural Services Committee for a term ending June 30, 1999. File #15-110-394 13 Christie M. Kelsey and Willis M. Anderson were reappointed as Commissioners of the Roanoke Redevelopment and Housing Authority for terms ending August 31, 2002. File #15-110-178 At 5:50 p.m., the meeting was declared in recess until 7:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION August 17, 1998 7:00p. m. CITY COUNCIL CHAMBER A® AGENDA FOR THE COUNCIL Call to Order-- Roll Call. An 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. HEARING OF CITIZENS UPON PUBLIC MATTERS: 1. Presentation of a plaque from the Honorable Mayor of Chorley, England. Barbara N. Duerk, representing Adventurers, Virginia Skyline Girl Scout Council. File #80-132 Request to address Council with regard to the City Employee Grievance Procedure. Ronald A. Mathews, Spokesperson. Request to address Council with regard to the City Employee Grievance Procedure. Evelyn D. Wheeler, Spokesperson. The remarks of Mr. Mathews and Ms. Wheeler were referred to the City Manager and the City Attorney for report to Council as to legal implications, if any. Council Member Wyatt requested that Council be provided with a comparison of the City's grievance procedure and the State's grievance procedure. File 11184-202 B. PUBLIC HEARINGS: Public heating on the proposal of the City of Roanoke to lease a portion of four City-owned water tank sites to Triton P.C. 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: Grandin Court Elevated Water Tank No. 1, Mount Pleasant Water Tank, Summit Water Tank, and Washington Heights Water Tank. W. Robert Herbert, City Manager. Adopted Ordinance No. 33992 on first reading. (7-0) File 11262-468 Public heating on the proposal of the City of Roanoke to make application to the Virginia Department of Housing and Community Development to amend the boundaries of Enterprise Zone One. W. Robert Herbert, City Manager. Adopted Resolution No. 33993-081798. (7-0) File 11266-450 C. OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONI~ (540) 853-2444 FAX: (540) 853- ! 145 Suly 23, 1998 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Vh-sinia 24018 Dear Ms. Ellison: A~. you know, the Members of Roanoke City Council and the Roanoke City School Board will hold a joint meeting on Monday, Ausust 17, 1998, at 12:30 p.m., at Waaena Elementary School. At the C°uncil meetin8 °n M°ndaY' 'MY 20' a requeat waa made that the followin8 item~ be inchuted on our agend~ for discussion: ' ~ interior and exterior maintenance of school buildinss maintenance of school equipment Alternative Education Program selection process for new hish school principals Council .M~ Swain suggested that two or three students be selected at random to ~ive their perspective of the Alternative Education Program. The Members of City Council look forward to meetin8 with the School Board-'on Monday, Ausust 17 aa we discuss matters of mutual interest and concent Best personal regards, DAB/MFPAo David A. Bowers Mayor The Honorable Members of The Roanoke City Coundl REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 4,1998 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, May 4, 1998, at 12:15 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Rec~ular Meetin~js, of Section 2-15, Rules of Procedure., Code of the City of Roanoke (1979), as amended. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, Carroll E. Swain, William White, Sr., and Mayor David A. Bowers ....................................... 5. ABSENT: Council Members John H. Parrott and James O. Trout ................ 2. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; and Mary F. Parker, City Clerk. The Members of Council and City staff were scheduled to participate in a tour of the New Century Venture Center, 1354 Eighth Street, S. W.; whereupon, the Mayor advised that the tour will be rescheduled for a later date. At 12:18 p.m., the Mayor declared the meeting in recess until 2:00 p.m. At 2:00 p.m., on Monday, May 4, 1998, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Bowers presiding. PRESENT: Council Members Linda F. Wyatt, C. Nelson Harris, John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers--7. ABSENT: None ...................................................................................... 0. 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 Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. PRESENTATIONS: PROCLAMATIONS-ECONOMIC DEVELOPMENT: The Mayor issued a proclamation designating May 17 - 23, 1998 as Business Appreciation Week, and presented the proclamation to Lisa J. Fain, Economic Development Specialist, Roanoke City Department of Economic Development. (For full text, see Proclamation on file in the City Clerk's Office.) PROCLAMATIONS-TOURISM-HISTORIC PRESERVATION: The Mayor issued a proclamation designating the month of May 1998 as Virginia Heritage Tourism Weeks, and presented the proclamation to Whitney H. Feldman, Chair, Governmental Relations Committee, Roanoke Valley Preservation Foundation; Dr. John Kern, Director, Regional Preservation Office; and Evelyn S. Lander, Acting Manager, Department of Community Planning. (For full text, see Proclamation on file in the City Clerk's Office.) Ms. Feldman advised that the City of Roanoke has been awarded the Roanoke Valley Preservation Foundation Annual Award for Governmental Excellence in Preservation for 1997 Community Achievements in the Gainsboro area. She presented a plaque, which the City is entitled to keep throughout the year of 1998, containing the following inscription: "Roanoke Valley Preservation Foundation Annual Award for Governmental Excellence in Preservation". 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 a request for an Executive Session to discuss personnel matters with regard to vacancies on various authorities, boards, commissions and committees appointed by the Council. 2 ACTION: COMMITTEES-COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that Council concur in the request of the Mayor to convene in Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. AUDIT COMMITTEE: Minutes of a meeting of the Audit Committee of Roanoke City Council which was held on Monday, April 20, 1998, were before the body. The Audit Committee considered the following items: Financial Audits: Human Services Committee Cultural Services Committee Clerk of Circuit Court Financial Related Audits: Payroll Time Entry Records Management School Board Auditor (For full text, see Minutes on file in the City Clerk's Office.) 3 ACTION: Mr. White moved that the Minutes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. COMMITTEES-PENSIONS: A communication from F. Wiley Hubbell tendering his resignation as a member of the Board of Trustees, City of Roanoke Pension Plan, effective June 30, 1998, was before Council. ACTION: ACTION: (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 Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HOUSING/AUTHORITY-OATHS OF OFFICE-COMMITTEES: The following report of qualification was before Council: S. Elaina Loritts-Duckett as a member of the Fair Housing Board for a term ending March 31, 2001. (See Oath or Affirmation of Office on file in the City Clerk's Office.) Mr. White moved that the report of qualification be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. 4 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: W. E. Roberts, General Manager, Yellow Cab Services of Roanoke, Inc., appeared before Council and called attention to an alleged class distinction in assessing the value of taxicabs and personal vehicles which should be reflected in Roanoke City's tax assessments. He stated that Article I, Section 58.1-3503, Virginia Tax Code, states that for the purpose of tax assessment, taxicabs are a separate category, and Yellow Cab Services is of the opinion that taxicabs should be appraised to reflect the fair market value for this category. He explained that the Commissioner of the Revenue is unaware of this distinction in the State Code and assesses taxicabs and personal vehicles in the same manner, which Yellow Cab Services contends is not in agreement with State Code provisions, and the issue is: what is the fair market value for taxicabs. He advised that Yellow Cab Services contends that a taxicab with over 100,000 miles purchased from the Virginia State Police, which vehicle is equipped, altered and painted for use as a taxicab, is not of the same value and worth as a private vehicle of the same model and year. He explained that the purchase price of these vehicles by Yellow Cab Services is a fraction of their assessed value, and requested that a fair per centage be used by the Commissioner of the Revenue to reflect the true value of a taxicab. Mr. White moved that the matter be referred to the Commissioner of the Revenue and to the City Attorney for study and report to Council. The. motion was seconded by Mr. Swain and adopted. As a part of the report, Vice-Mayor Wyatt requested that the City Attorney advise as to which tax code takes precedence for the purpose of assessing vehicles. PAY PLAN-BUDGET-PENSIONS: Clarence R. Martin, President, Roanoke City Retirees Association, expressed appreciation for the cost-of-living increases that Roanoke City retirees received in 1996 and 1997, and requested a permanent cost-of-living pay increase for fiscal year 1998-99. He explained that the City of Roanoke is the only City in the Commonwealth of Virginia that provides a lump sum payment every other year for its retirees, and requested that when City employees receive a pay increase, City retirees also request a permanent cost-of- living increase which would eliminate the need for retirees to appear annually before Council to renew their request. 5 Mr. Trout moved that the request be referred to 1998-99 budget study for discussion, and that the City Manager and Director of Finance provide Council with a recommendation on a permanent cost-of-living adjustment for fiscal year 1998-99. The motion was seconded by Mr. Swain. In further discussion of the matter, Mr. Trout requested that the Director of Finance and the City Manager provide their recommendation with regard to a permanent annual cost-of-living increase for retirees as a part of fiscal year 1998-99 budget study discussions; whereupon, the Director of Finance advised that an annual permanent cost-of-living adjustment could be included in the actuarial assumption which would create additional costs and increase the actuarial contribution. However, he suggested that the matter be reviewed prior to 1999-2000 budget study since there is not sufficient time to take the necessary actions prior to adoption of the 1998-99 fiscal year budget on Wednesday, May 12, 1998. The motion of Mr. Trout, seconded by Mr. Swain, was unanimously adopted. For discussion during 1999-2000 budget study, Mr. Trout requested that the Director of Finance advise Council as to the necessary actions required to be taken to provide for an annual cost of living adjustment for City of Roanoke retirees. SCHOOLS: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, addressed Council with regard to student safety and actions taken by the School system to insure safety and orderliness in the public schools. He advised that there are 29 schools in the City of Roanoke, 21 elementary, six middle and two high schools, with four other programs that house students during the day located off of school sites. He stated that 13,600 students are educated daily and the primary responsibility and priority of the School system is to provide a quality instructional program to enable students to demonstrate skills that lead to success as they go from elementary to middle school, middle to high school, and on to the world of work or the college or university level. He added that based on firsthand experience, Roanoke schools are safe and orderly, and there are several ways to attest to the safety and orderliness of the schools; viz: he visited City schools on 146 occasions during the 1998 school year and during those 146 unannounced visits, the schools were safe, teachers were engaged in teaching, and students conducted themselves in a satisfactory manner 6 in most instances. He stated that in addition to his unannounced visits to the schools, visits are also made by School administrators, parents, citizens, and approximately 350 seniors who participate in the computer seniors program from throughout the Roanoke Valley, as well as the annual Realtor's Tours, and there is frequent communication with parents that detail all efforts of the School system to keep the schools safe. He added that some students will report the kinds of activities that violate the student conduct code and peer mediation exists which allows students to assist other students in resolving conflict as well as conflict resolution. Dr. Harris called attention to certain prevention efforts, and commended the work of a committee appointed approximately four years ago that prepared the "Standards of Expectation for Student Behavior", which is a document that is provided to all parents to let them know what is expected in regard to acceptable behavior in the schools, and the School system has entered into a partnership with parents to solicit their assistance. He stated that several weeks ago, the School system initiated the random searching of school campuses using drug dogs; one search was completed outside Patrick Henry High School and no drugs were found; searches will occur on both high school campuses, as well as the Noel C. Taylor Learning Academy before the school year is over; and searches will continue on an ongoing basis, unannounced and at random. He advised that as a result of discovering weapons on one of the high school campuses, students requested the Principal at William Fleming High School to initiate a search for weapons, a program was coordinated, and letters were sent to parents advising that school safety is paramount and guns and other weapons will not be tolerated on school campuses. Therefore, he stated that hand held metal detectors will be used to randomly search for weapons. Superintendent Harris stated that in approximately 1980, School Resource Officers were stationed on City school campuses, and the presence of skilled police officers who establish relationships with students and members of the faculty have deterred the kinds of behavior that is currently taking place across the country. He added that two School Resource Officers are assigned to each of the high schools, one Resource Officer is located at each of the six middle schools, and the DARE Program is taught in the elementary schools, and applauded City Council and the City of Roanoke for its initiation and support of the programs. He advised that each school site has in place a Crisis Management Plan that has been reviewed during recent 7 weeks and a committee will be appointed composed of representatives of the Directorate of Public Safety, working in conjunction with representatives of the School system and parents, to review the present Crisis Management Plan, and provide an update prior to the next school year. He further advised that safety audits have been conducted at all City schools to review every aspect of the School campus and building to insure that nothing has been omitted that would be of concern to teachers, students or individuals visiting the schools. Dr. Harris explained that the School system has spent approximately $40 million over the past six years renovating school facilities and any time a facility is renovated, students are required to be moved to another building; however, a different approach has been undertaken with construction at Huff Lane MicroVillage. He stated that construction work commenced with the assurance that all aspects will be addressed in a safe manner, meetings were held with the community, and an arrangement was worked out with the contractor to provide that the Principal has sole discretion to stop any construction work should that work interfere with the instructional program or create a safety hazard. He further stated that a member of the school security office, along with a construction representative, has been assigned to Huff Lane MicroVillage to monitor the situation to insure that safety is the first priority. ACTION: Without objection by Council, the Mayor advised that the remarks of Dr. Harris would be received and filed. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager submitted a written report advising that each year since 1992, the City of Roanoke has received a HOME entitlement grant from the U. S. Department of Housing and Urban Development (HUD); HOME funds are used to increase the amount of affordable housing available 8 to eligible families; of each HOME grant, 15% must be reserved for Community Housing Development Organization (CHDO) projects, which is a nonprofit agency certified by the City or the Commonwealth of Virginia as meeting specific HUD guidelines regarding purpose, structure and operations; and Blue Ridge Housing Development Corporation (BRHDC) is a certified CHDO and has conducted housing projects since 1991, including a nearly completed CHDO project in the 600 block of Loudon Avenue. It was further advised that Blue Ridge Housing Development Corporation requested funds which would provide two units of affordable housing (one in Historic Gainsboro, and one in Southeast) for sale to eligible families for construction costs and operating expenses in response to the City's 1997-98 HOME Request-for- Proposals (RFP); Council authorized $115,000.00 in CHDO funding for BRHDC as part of the 1997-98 Consolidated Plan Annual Update (Annual Update) approved for submission to HUD on May 12, 1997, pursuant to Resolution No. 33402-051297; and HUD's written approval of the plan was received on July 3, 1997, with funding for BRHDC consisting of $105,000.00 for construction costs and $10,000.00 for operating expenses. It was explained that HOME funds must be matched at a rate of 12.5%, which does not apply to CHDO operating expenses; the match requirement for the Blue Ridge Housing Development project, which has been recorded by the Office of Grants Compliance through program income from closed-out Urban Development Action Grant (UDAG) activities, will be $13,125.00; such program income, which is used to support portions of the City's HOME program, is credited toward the City's overall match requirements; and no outlay of City funds will be needed for match purposes for the project. The City Manager recommended that he be authorized to execute a HOME Agreement with the Blue Ridge Housing Development Corporation and amendments thereto, if necessary, approved as to form by the City Attorney. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: 9 (#33797-050498) A RESOLUTION authorizing the appropriate City officials to enter into the 1997-98 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Blue Ridge Development Corporation, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 60, page 462.) Mr. Trout moved the adoption of Resolution No. 33797-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member White abstained from voting.) LANDMARKS/HISTORIC PRESERVATION-LEASES: The City Manager submitted a written report advising that the initial lease of Buena Vista Recreation Center by the Commonwealth of Virginia Department of Historic Resources was executed on March 1, 1989, between the City of Roanoke and the Commonwealth of Virginia Department of Conservation and Historic Resources for a term of one year at no fee and covered office space as well as laboratory space; two subsequent leases covering the period of March 1, 1990, through February 28, 1993, were approved by Council; the most recent lease renewal covering the period of March 1, 1993, through February 28, 1998, was approved by Council on March 8, 1993, but was never executed; and the Virginia Department of Historic Resources remained at Buena Vista Recreation Center during this time as a tenant at will. It was further advised that a request for a lease for the period beginning March 1, 1998, has been received from the Commonwealth of Virginia, Department of Historic Resources; and the proposed lease agreement is for one year with the option to renew for four additional one year periods if mutually agreeable to both parties and the rental fee remains at zero dollars. The City Manager recommended that he be authorized to execute a lease agreement with the Commonwealth of Virginia Department of Historic Resources for office and laboratory space at Buena Vista Recreation Center in a form to be approved by the City Attorney. 10 (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Trout moved that the following ordinance be placed upon its first reading: (#33798) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Commonwealth of Virginia, Department of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 505.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HUMAN DEVELOPMENT: The City Manager submitted a written report advising that the Virginia Institute for Social Services Training Activities (VlSSTA) is a collaborative effort between the Virginia Department of Social Services and Virginia Commonwealth University, which coordinates and provides training activities for Social Services employees and also offers training for members of the Comprehensive Services Act (CSA), which includes personnel from the Court Services Unit, mental health departments, health departments, public schools and community agencies; and the Virginia Department of Social Services has requested the Roanoke City Department of Social Services to take over administration of the Piedmont Area Training Center for the VlSSTA Program and to relocate the office and staff to Roanoke City, effective July 1, 1998. It was further advised that in order to relocate the Piedmont Area Training Center currently located in Montgomery County to Roanoke City, the City needs to execute an agreement with the State Department of Social Services for administrative responsibilities for the VlSSTA Program; and the State will reimburse the City at 100 per cent of costs of the Program, plus the cost of administrative oversight. 11 ACTION: The City Manager recommended that Council adopt a resolution by which the City will agree to accept responsibility for administration of the Virginia Institute for Social Services Training Activities Program and authorize the City Manager to execute an agreement with the State Department of Social Services for administration of the Program. (For full text, see report on file in the City Clerk's Office.) Mr. Trout offered the following resolution: (#33799-050498) A RESOLUTION whereby the City agrees to assume the responsibility for administration of the Virginia Institute for Social Services Training Activities (VlSSTA) Program, and authorizing the City Manager to execute the necessary agreement with the Virginia Department of Social Services, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 462.) Mr. Trout moved the adoption of Resolution No. 33799-050498. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of March, 1998. (For full text, see Financial Report on file in the City Clerk's Office.) . Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: CITY CODE-ROANOKE CiViC CENTER: A report of the Roanoke Civic Center Commission with regard to delegation of authority to the Civic Center Commission to rent the Civic Center for productions or events on a long-term basis, was before Council. 12 It was advised that Section 24-26 (a) of the City Code provides that the Civic Center Commission shall establish a schedule of fees, rentals, rates and charges, etc., for concerts, plays, sporting events, etc.; the Civic Center manager may, subject to limits and guidelines imposed by the Civic Center Commission, vary such fees, rentals, rates and charges for traveling, for-profit productions; and authority is requested to rent the Civic Center to productions or events on a long term basis. The Roanoke Civic Center Commission recommended that Subsection (a), Section 24-26, rates for use and terms, of the Code of the City of Roanoke (1979) as amended, be amended, as follows: The Civic Center Manager may negotiate and execute contracts or leases for multiple date events, with the approval of the City Manager or his/her designee, that occur during any period of time extending for less than a 12 month period. The Civic Center Manager may negotiate and execute contracts or leases for multiple date events, with the concurrence of the City Manager or his/her designee, that occur over a 12 month, but not beyond a 60 month period, with the approval of the Civic Center Commission. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency ordinance: (#33800-050498) AN ORDINANCE amending and reordaining subsection (a) of §24-26, Rates for use and terms, of the Code of the City of Roanoke (1979), as amended, redesignating current subsection (b) to subsection (c), adding new subsection (b) of §24-26, and repealing current subsection (c) of §24-26, providing that the Roanoke Civic Center Commission shall establish fees, rentals, rates, charges, and terms for the use of the civic center for events at the civic center and that the civic center manager may negotiate and execute contracts, licenses, or leases for the use of the civic center under certain conditions; amending and reordaining subsection (a) (2) of §24-48, Authority, providing that the Roanoke Civic Center Commission shall have authority to establish fees, rentals, rates, charges, and terms for the use of the civic center as provided for in §24-26 of this Code; and providing for an emergency. 13 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 463.) Mr. Parrott moved the adoption of Ordinance No. 33800-050498. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. SEWERS AND STORM DRAINS-BUDGET-PUBLIC WORKS- FLOOD REDUCTION/CONTROL: Council Member Carroll E. Swain, Member, Bid Committee, presented a written report on behalf of the Committee, in connection with bids received by the City for construction of Storm Water Management Improvements at the Roanoke Centre for Industry and Technology. He recommended that Council authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with Allegheny Construction Company, Inc., in the amount of $163,780.00. The City Manager submitted a written report concurring in the recommendation of the Bid Committee. (For full text, see reports on file in the City Clerk's Office.) Mr. Swain offered the following emergency ordinance: (#33801-050498) AN ORDINANCE accepting the bid of Allegheny Construction Company, Inc., for the construction of the storm water management improvements at the Roanoke Centre for Industry and Technology, 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 465.) Mr. Swain moved the adoption of Ordinance No. 33801-050498. The motion was seconded by Mr. Harris and adopted by the following vote: 14 ACTION: AYES: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers ............................................................................ 6. NAYS: None ....................................................................... 0. (Council Member Parrott abstained from voting.) BUDGET-LEGISLATION-STREETS AND ALLEYS: 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 asphalt concrete overlays and pavement profiling of various streets within the City. He recommended that Council approve the following actions: Award a contract to L. H. Sawyer Paving Co., Inc., in the amount of $1,524,258.00, and establish a contingency in the amount of $22,854.00, for a total of $1,547,112.00 in a form to be approved by the City Attorney; Appropriate $350,000.00 in CMERP funding to Street Paving, Account No. 001-052-4120-2010; and Reject all the other bids received by the City. The City Manager submitted a written report concurring in the recommendation of the Bid Committee, advising that 37,070 tons of asphalt will pave approximately 67 lane miles, and the average number of lane miles paved during this ten year period is 68.5 which is greater than the 57 lane miles desired each year. (For full text, see reports on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: (#33802-050498) 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 466.) Mr. Parrott moved the adoption of Ordinance No. 33802-050498. The motion was seconded by Mr. Swain and adopted by the following vote: 15 ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Mr. Parrott offered the following emergency ordinance: (#33803-050498) AN ORDINANCE accepting the bid of L. H. Sawyer Paving Co., Inc., for paving and profiling of various streets, 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 467.) Mr. Parrott moved the adoption of Ordinance No. 33803-050498. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Council Member Trout requested that the matter of soliciting State funds for certain of the City's street paving needs be referred to the Legislative Committee for consideration as a part of the City's 1999 Legislative Program. BUDGET-FLOOD REDUCTION/CONTROL: 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 demolition and asbestos abatement of 26 homes in the Garden City area. He recommended that Council authorize the City Manager to enter intO a contractual agreement, in a form to be approved by the City Attorney, with Alan L. Amos, Inc., in the amount of $152,839.00 and 240 consecutive calendar days for completion of the work. 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.) 16 ACTION: Mr. Parrott offered the following emergency ordinance: (#33804-050498) AN ORDINANCE accepting the bid of Alan L. Amos, Inc., for demolition and asbestos abatement of 26 houses for the Garden City Demolition Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 468.) Mr. Parrott moved the adoption of Ordinance No. 33804-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HEALTH DEPARTMENT-CITY PROPERTY-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a new lease agreement with the State Department of Health for property located at 530 Eighth Street, S. W. (Health Department Annex) for a term of three years. A staff report advised that a lease agreement with the State Department of Health for use of City property at 530 Eighth Street (Official Tax No. 1113210) known as the Health Center Annex was entered into on July 1, 1979; State law limits leases to terms of five years unless publicly advertised; the current lease will expire on June 30, 1998; and the Lessee has requested a new lease, for a term of three years ending June 30, 2001, and has agreed to a total lease fee of $28,800.00 and requested that the City indemnify the Lessee against claims resulting from the presence of friable asbestos or other environmental conditions deemed hazardous to the health or safety of persons entering the building. The Water Resources Committee recommended that Council authorize execution of a new lease agreement with the State Department of Health for property located at 530 Eighth Street, S. W., for a term of three years, in a form to be approved by the City Attorney. 17 ACTION: (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33805) AN ORDINANCE authorizing the lease of certain City- owned property to the State Department of Health, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 506.) The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-POLICE DEPARTMENT- BUDGET-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to acquisition of property located at 348 Campbell Avenue, S. W., to address additional space needs of the Police Department. A staff report advised that increased space requirements of the Roanoke City Police Department has been a growing concern for a number of years; the 1997 Bond Referendum included $3,940,000.00 in funding to acquire and remodel a building in the 300 block of Campbell Avenue; and one property located at 348 Campbell Avenue, S. W., Official Tax No. 1011306, has been identified as the best site to address the need for additional space. It was further advised that the owner of the property, The Allegheny Company, has been contacted and has indicated an interest in selling the property to the City of Roanoke, but has not accepted the City's offer; the property is assessed for tax purposes at a value of $780,000.00 and current accrued taxes and penalties on the property total $82,019.00; and the building will require significant renovation for adaptation to the needs of the Police Department. 18 ACTION: The Water Resources Committee recommended that Council approve the following actions: Authorize acquisition of the property at 348 Campbell Avenue, S. W., Official Tax No. 1011306, said property may be acquired by negotiation or eminent domain; Appropriate $820,000.00 from 1997 Bond proceeds Account No. 008-052-9706-9183 to Account No. 008-052- 9564-9001 - Proposed Police Facility, to provide funds for title reports, appraisals, recordation costs, surveys, testing, and acquisition of property rights, etc.; and Authorize the City Manager or Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form to be approved by the City Attorney, to acquire the property. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency budget ordinance: (#33806-050498) 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 469.) Ms. Wyatt moved the adoption of Ordinance No. 33806-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. Ms. Wyatt offered the following emergency ordinance: (#33807-050498) AN ORDINANCE providing for the acquisition of certain real property, and the improvements thereon, needed by the City for additional space for the Roanoke City Police Department; 19 ACTION: setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property by condemnation, under certain circumstances; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 470.) Ms. Wyatt moved the adoption of Ordinance No. 33807-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-CITY PROPERTY-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to advertise for sale certain surplus City-owned property located on Nelms Lane, N. E., to the general public. A staff report advised that the properties are located at the end of Nelms Lane, N. E., and were acquired by the City in 1980 as a part of the private Monterey North Water System; the City has extended water service to this area and dismantled the private water system; the Office of Real Estate Valuation established the following values for tax purposes: Official Tax No. 7390713 is valued at $11,000.00 and Official Tax No. 7400500 is valued at $100.00. It was further advised that the property is no longer needed by the City and may be sold as surplus property; and City Policy requires surplus property to be advertised and sold to the highest bidder if the property can be used to construct a separate structure. The Water Resources Committee recommended that Council authorize advertisement of Official Tax No. 7390713 containing approximately .25 acre and Official Tax No. 7400500 containing approximately .37 acre for sale by quitclaim deed to the general public. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following resolution: 20 ACTION: (#33808-050498) A RESOLUTION declaring certain City-owned real estate, identified by Official Tax Nos. 7390713 and 7400500, to be surplus property and authorizing its advertisement for sale to the general public. (For full text of Resolution, see Resolution Book No. 60, page 472.) Ms. Wyatt moved the adoption of Resolution No. 33808-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-TRAFFIC-SCHOOLS-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to authorization to acquire the necessary property rights from the State Board for Community Colleges for the Colonial Avenue/McNeil Drive, S. W., Signalization Project. A staff report advised that Ordinance No. 33541-080497, adopted by Council on August 4, 1997, authorized acquisition of certain property rights required for the Colonial/McNeil Signalization Project; and the State Board for Community Colleges has agreed to permit installation of traffic signal control equipment on their property. It was further advised that the proposed deed, which was prepared by the State, donates to the City the necessary property rights for the signal equipment; and the deed contains indemnification language, which must be approved by Council. The Water Resources Committee recommended that Council authorize the proper City officials to take the necessary action to accept property rights from the State Board for Community Colleges, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: 21 ACTION: (#33809-050498) AN ORDINANCE authorizing acceptance of certain property rights from the Commonwealth of Virginia, State Board for Community Colleges, in connection with the Colonial/McNeil Signalization Project; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 472.) Ms. Wyatt moved the adoption of Ordinance No. 33809-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. HUMAN DEVELOPMENT-LEASES-WATER RESOURCES: Vice- Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of a lease agreement with First Campbell, LC, for use of office and classroom space located at 210 First Street, S. W., to meet the needs of the Virginia Institute for Social Services Training Activities (VlSSTA) program and staff. A staff report advised that VlSSTA is a joint effort between the Virginia Department of Social Services and Virginia Commonwealth University to provide training through regional centers located throughout Virginia; Roanoke City's Department of Social Services has been requested to take over the Piedmont Area Training Center for the VlSSTA Program and relocate the office and staff to Roanoke City; and insufficient space in the Social Services Department necessitates the procurement of leased space to accommodate the VlSSTA Program. It was further advised that sufficient office space has been located in First Campbell Square, 210 First Street, S. W., to meet the needs of the VlSSTA Program and staff; the proposed lease requires the City to indemnify and hold harmless the Lessor and Sawyer Properties, Inc., for all suits, actions, damages, liability, and expenses arising from or out of any occurrence in, upon, at or from the premises or the occupancy or use by the City of the premises, and occasioned wholly or in part by any act or omission of the City, its agents, contractors, employees, invites, licensees, or visitors, in connection 22 ACTION: with the leased premises; and the proposed lease will be for a period of five years, at a rate of $2,231.25 per month, which equals $11.90 per square foot per year including utilities and custodial service. The Water Resources Committee recommended that Council authorize execution of a Lease Agreement in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33810-050498) AN ORDINANCE authorizing the City Manager to enter into an agreement with First Campbell LC, for the leasing of office and classroom space on the fourth floor of the First Campbell Square Building located at 210 First Street, S. W., to house the Virginia Institute for Social Services Training Activities (VlSSTA) Program and staff, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 473.) Ms. Wyatt moved the adoption of Ordinance No. 33810-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION- WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to declaring the Caretaker's House in Mill Mountain Park as surplus property. A staff report advised that the Caretaker's House in Mill Mountain Park was erected in 1973 for use by the full-time resident caretaker; the house has been vacant for some time and is in need of extensive maintenance; the house is no longer needed by the City and may be sold or otherwise disposed of as surplus property, with the real property remaining City property. 23 ACTION: The Water Resources Committee recommended that Council declare the house (not real property) as surplus and authorize the sale of the Caretaker's House to House Movers of Roanoke Valley, Inc., for $100.00, or otherwise to be sold or demolished. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt moved that the following ordinance be placed upon its first reading: (#33811) AN ORDINANCE declaring a certain structure located at Mill Mountain Park surplus and authorizing its sale, removal or demolition. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. PARKS AND RECREATION-NEWSPAPERS-LEASES-WATER RESOURCES: Vice-Mayor Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to execution of the appropriate lease agreement with the Times-World Corporation for the City's use of the broadcast tower building and other facilities located on Mill Mountain for public purpose communications. A staff report advised that the Contract of Lease between Times- World Corporation and the City of Roanoke dated February 14, 1969, which was not recorded, was entered into for use of the broadcast tower, building, and other facilities located on a tract of land on Mill Mountain (Official Tax No. 4050306A) for essential public safety communications; the current lease has expired and needs to be renewed; and City public safety radio communications systems are using the tower and building at the present time. 24 ACTION: It was further advised that a new lease with the Times-World Corporation has been negotiated for an initial period of 15 years, commencing April 1, 1998, and ending March 31, 2013, with an option to renew for five additional five-year terms; the annual rent will be $1,200.00, plus the then current year's property taxes assessed against the Times-World Corporation due to its ownership of the tower and associated property; the property is currently assessed at $214,800.00, which yields an annual tax of $2,620.56; and the Regional Radio Project (800 MHZ trunking) for public safety is currently being implemented, therefore, the Mill Mountain tower and building are vital to the health, safety, and welfare of the citizens of the Roanoke Valley. The Water Resources Committee recommended that Council authorize the City Manager to execute the appropriate lease agreements with the Times-World Corporation, in a form to be approved by the City Attorney. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: (#33812-050498) AN ORDINANCE authorizing and directing the proper City officials to enter into a lease agreement between Times- World Corporation and the City, for the City's use of the broadcast tower, building and the other facilities located on Mill Mountain for public purpose communications, upon certain terms and conditions; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 474.) Ms. Wyatt moved the adoption of Ordinance No. 33812-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-CABLE TELEVISION: Council Member John H. Parrott, Chairperson, Roanoke Valley Regional Cable Television Committee, presented a written report on behalf of the Committee, with regard to approval of the City's share of the budget for the Government and Educational Access Cable Television Studio. 25 ACTION: It was advised that the City of Roanoke, Roanoke County, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV); the initial equipment and facilities for the television studio were funded through a capital grant from Cox Communications, in the amount of $480,000.00; and the proposed 1998-99 RVTV budget is $197,670.00 which is broken down by locality as follows: Locality Roanoke City Roanoke County Vinton % of Cable Customers/Budqet 58.8% 33.8% 7.4% Cost $116,230.00 66,812.00 14,628.00 On behalf of the City's representatives to the Cable Television Committee, and as Council's representative to the Committee, Mr. Parrott recommended that Council approve the proposed RVTV budget, in the amount of $197,670.00, with the City's share totaling $116,230.00. He advised that funding has been included in the City Manager's Recommended 1998-99 Budget. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following resolution: (#33813-050498) A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 1998-99 for the operation of the regional government and educational access station-Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. (For full text of Resolution, see Resolution Book No. 60, page 475.) Mr. Parrott moved the adoption of Resolution No. 33813-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. UNFINISHED BUSINESS: None. 26 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: ROANOKE MEMORIAL HOSPITALS-COMMUNITY HOSPITAL- LEASES-WATER RESOURCES-AIR RIGHTS: Ordinance No. 33794, authorizing a lease between the City of Roanoke and CHS, Inc., (the "Lessee"), for the lease of certain airspace over Crystal Spring Avenue, S. W., for a term of 60 years, having previously been before the Council for its first reading on Monday, April 20, 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: (#33794-050498) AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc. (the "Lessee"), for the lease of certain airspace over Crystal Spring Avenue, S. W., in the City, for a term of sixty (60) years. (For full text of Ordinance, see Ordinance Book No. 60, page 456.) Mr. Trout moved the adoption of Ordinance No. 33794-050498. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. STREETS AND ALLEYS: Ordinance No. 33795, permanently vacating, discontinuing and closing those certain areas consisting of two parcels of land, being a .06-acre parcel located adjacent to Official Tax Nos. 1260321 and 1260118 on Oakwood Drive, S. W., and a .04-acre parcel located adjacent to Official Tax No. 1260321, as shown on the Map of Oak Hill Subdivision, having previously been before the Council for its first reading on Monday, April 20, 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: (#33795-050498) 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 457.) 27 ACTION: Mr. Trout moved the adoption of Ordinance No. 33795-050498. The motion was seconded by Mr. Harris and adopted by the following vote: ACTION: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout and White .......................................................................................... 6. NAYS: None ....................................................................... 0. (Mayor Bowers abstained from voting.) STREETS AND ALLEYS: Ordinance No. 33796, permanently vacating, discontinuing and closing all of 101/= Street, S. W., and a 10 foot alley lying parallel to same, having previously been before the Council for its first reading on Monday, April 20, 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: (#33796-050498) 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 459.) Mr. Trout moved the adoption of Ordinance No. 33796-050498. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: BUDGET-CONVENTION AND VISITORS BUREAU: Mr. Trout moved that the matter of increasing the City's contribution of funds to the Roanoke Valley Convention and Visitors Bureau from $500,000.00 to $525,000.00 be referred to 1998-99 budget study. The motion was seconded by Mr. Swain. 28 It was noted that the proposed funding formula was presented by David J. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, at the Council meeting on Tuesday, February 17, 1998, and was referred by Council to 1998-99 budget study. Following discussion and inasmuch as the matter had previously been referred to 1998-99 budget study, Mr. Trout and Mr. Swain withdrew their motion, with the understanding that Council will consider the proposed funding formula during fiscal year 1998-99 budget study. TRAFFIC-PUBLIC WORKS-SCHOOLS: Vice-Mayor Wyatt commended the Director of Public Works on his prompt response to a situation with regard to flashing lights in one of the City's school zones. BUDGET-ARMORY/STADIUM-CAPITAL IMPROVEMENTS PROGRAM-SCHOOLS: Council Member White requested that the following matters be referred to 1998-99 budget study: A review of the impact of the pre-school program conducted by the City of Roanoke and the Roanoke City Public Schools for three and four year old children, the feasibility of increasing funds, and the value of the return in terms of children served and dollars expended. (It was suggested that the matter should be discussed at a joint meeting of Council and the Roanoke City School Board on Thursday, May 7, at 8:30 a.m.); and A review as to the impact of increasing the $300,000.00 to $600,000.00 for Capital Funding as recommended in the proposed 1998-99 Supplemental Budget, or a dollar amount to be recommended by the City Manager, but greater than the proposed $300,000.00. BUDGET-TAXES: As a part of 1998-99 budget study, Council Member Swain requested a report on the financial impact to the City of reducing the real estate tax rate by two cents. He also requested a summary of budget items that would have to be deleted in order to provide for a two cents reduction in the real estate tax rate. 29 TRAFFIC-SIDEWALK/CURB AND GUTTER-ZONING: Council Member Swain referred to recent correspondence from the Director of Public Works in regard to installing curb and sidewalk from Lafayette Boulevard to Abbott Street, N. W., and from the end of the Home Depot construction along Cove Road to the first intersection; however, he stated that the correspondence did not address the remainder of Cove Road. The Director of Public Works advised that his letter was intended to provide a status report on two high priority locations, but was not intended to suggest that it would be the end of consideration of the request for curb and sidewalk along the Hershberger Road/Cove Road Corridor. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:27 p.m., the Mayor declared the meeting in recess. At 4:40 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 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. Harris and adopted by the following vote: AYES: Council Members Wyatt, Harris, Parrott, Swain, Trout, White and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. OATHS OF OFFICE-COMMITTEES-HOTEL ROANOKE CONFERENCE CENTER-VIRGINIA TECH: The Mayor advised that the term of office of John H. Parrott as a Commissioner of the Hotel Roanoke Conference Center Commission expired on April 12, 1998, and called for nominations to fill the vacancy. Mr. Harris placed in nomination the name of John H. Parrott. 3O Thers being no further nominations, Mr. Parrott was reappointed as a Commissioner of the Hotel Roanoke Conference Center Commission, for a term ending April 12, 2002, by the following vote: ACTION: FOR MR. PARROTT: Council Members Wyatt, Harris, Swain, Trout, White and Mayor Bowers .................................................... 6. (Council Member Parrott abstained from voting.) OATHS OF OFFICE-COMMITTEES-ROANOKE ARTS COMMISSION: The Mayor advised that there is a vacancy on the Roanoke Arts Commission created by the death of William Hackley, Sr., and called for nominations to fill the vacancy. Mr. Parrott placed in nomination the name of Eva Darcel Walters. There being no further nominations, Ms. Walters was appointed as a member of the Roanoke Arts Commission, for a term ending June 30, 1998, by the following vote: ACTION: FOR MS. WALTERS: Council Members Wyatt, Harris, Parrot, Swain, Trout, White and Mayor Bowers .......................................... 7. COUNCIL-VIRGINIA MUNICIPAL LEAGUE: The Mayor advised that it was the consensus of Council that the following persons will be nominated to serve on the Virginia Municipal League Policy Committee: Environmental Quality Policy Committee - Kit B. Kiser Finance Policy Committee - James D. Grisso General Laws Policy Committee - James O. Trout Human Development and Education Policy Committee -Vice- Mayor Linda F. Wyatt Public Safety Policy Committee - George C. Snead, Jr. Transportation Policy Committee - Carroll E. Swain There being no further business, the Mayor declared the meeting adjourned at 4:45 p.m. ATTEST: APPROVED Mary F. Parker City Clerk David A. Bowers Mayor 31 PERSONNEL COMMITTEE ............ ROANOKE CITY COUNCIL May 6, 1998 2:00 p.m. A meeting of the Roanoke City Council Personnel Committee, composed of the Members of the Roanoke City Council, was called to order on Wednesday, May 6, 1998, at 2:00 p.m., in the Social Services Conference Room, Municipal North, 215 Church Avenue, S. W., City of Roanoke, with Chairman and Mayor David A. Bowers 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. OFFICERS PRESENT: Mary F. Parker, City Clerk. COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK- MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr. Harris moved that the City Council Personnel Committee meet in Executive Session to discuss a personnel matter, being performance evaluations of certain Council Appointed Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, Wyatt and Mayor Bowers ................................................................................................ 6. NAYS: None ......................................................................................... 0. (Council Member White was out of the Conference Room when the vote was recorded.) At 2:02 p.m., the Mayor declared the meeting in recess. At 4:55 p.m., the meeting reconvened in the Social Services Conference Room, with all Members of the City Council Personnel Committee in attendance, with the exception of Council Members Trout and White who left the meeting during the Executive Session, Mayor Bowers presiding. COUNCIL: With respect to the Executive Session just concluded, Mr. Harris moved that each Member of the City Council Personnel Committee 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 the City Council Personnel Committee. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Wyatt and Mayor Bowers--5. NAYS: None ............................................................................................ 0. (Council Members Trout and White were absent.) There being no further business, the Mayor declared the City Council Personnel Committee meeting adjourned at 4:57 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 2 ROANOKE CITY COUNCIL ...................... SPECIAL MEETING May 11,1998 2:00 p.m. The Council of the City of Roanoke met in special session on Monday, May 11, 1998, at 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, pursuant to Section 10, Meetinqs of Council, of the Roanoke City Charter, and pursuant to Resolution No. 33778-040698, adopted by the Council on Monday, April 6, 1998, with Mayor David A. Bowers 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. 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 invocation was delivered by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-SCHOOLS: The Mayor advised that the purpose of the special meeting was to elect two Trustees to the Roanoke City School Board; and to adopt the fiscal year 1998-99 City operating budget and other related matters, pursuant to Resolution No. 33778-040698, adopted by the Council at its regular meeting on Monday, April 6, 1998. Vice-Mayor Wyatt read the following disclosure declaration: I, Linda F. Wyatt, am a member of the Council of the City of Roanoke. I am also a teacher in the Roanoke City School Division. This declaration which is filed pursuant to §2.1-639.14.G, Code of Virginia (1950), as amended, relates to City Council's proposed vote on the FY 1998-99 Budget which includes funding for the School Division. A portion of the funding will provide for the salaries of teachers and other employees of the School Board. Based on the foregoing facts, a profession or group of which I am a member may be perceived to be affected by my vote on this transaction. I am able to participate in the transaction fairly, objectively, and in the public interest. This declaration shall be filed by the City Clerk among the permanent papers of the City on or before the close of business on May 11, 1998, and shall be retained and made available for public inspection for a period of five years from the date of filing." (See disclosure declaration on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the disclosure declaration would be received and filed. OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor advised that on July 1, 1998, there will be two vacancies on the Roanoke City School Board; and pursuant to Section 9-21, Public Interview of Candidates, of the Code of the City of Roanoke (1979), as amended, Council conducted interviews with the following persons on Thursday, April 23, 1998, at 6:00 p.m., in the City Council Chamber: David W. Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. Willson Pursuant to Section 9-22, Elections, of the Code of the City of Roanoke (1979), as amended, which provides that on or before May 15 of each year, Council must hold an election to fill certain upcoming vacancies on the Roanoke City School Board, the following names were placed in nomination: 2 David W. Davis Harry F. Davis Daniel G. Oakey Melinda J. Payne Ruth C. Willson ACTION: ACTION: ACTION: ACTION: ACTION: There being no further nominations and pursuant to the following roll call vote of the Council, Melinda J. Payne was reappointed and Ruth C. Willson was appointed as Trustees of the Roanoke City School Board, for terms commencing July 1, 1998 and ending June 30, 2001, by the following vote: FOR MR. DAVID W. DAVIS: None ......................................... 0. FOR MR. HARRY F. DAVIS: Council Member Swain and Vice- Mayor Wyatt ................................................................................ 2. FOR MR. OAKEY: Council Members Parrott, Swain and Vice- Mayor Wyatt ................................................................................ 3. FOR MS. PAYNE: Council Members Harris, Trout, White and Mayor Bowers ............................................................................ -4. FOR MS. WILLSON: Council Members Harris, Parrott, Trout, White and Mayor Bowers .............................................................. 5. BUDGET-CITY COUNCIL-CITY EMPLOYEES-PENSIONS: The Mayor advised that it is the obligation of Council by May 15 of each year to adopt a balanced budget for the City of Roanoke. He stated that Council has engaged in 1998-99 budget deliberations over the last week and one of the items discussed was enhanced pension benefits for City employees. He further stated that it was his understanding that funding of the additional enhanced benefits for the pension system could be funded entirely by payment from the pension plan and, it was based on that understanding, that he and other Members of Council voted for the enhanced pension benefits. However, he explained that it has been reported that in addition to funds coming from the retirement system itself, other amounts must be funded from the City's General Fund budget and if certain pension enhancements are approved today, the 1998-99 fiscal year budget would be out of balance. He stated that City employee representatives have appeared before Council over the last year requesting certain pension enhancements which are provided for in the Supplemental Budget; viz: Rule of 70~80 in calculating benefits 3 and a $159.00 per month supplement. He further stated that City employee representatives have requested additional pension benefits; viz: a 2.3 per cent multiplier, an increase in the maximum benefits from 60 per cent to 69 per cent, and a spousal allowance. He explained that during fiscal year 1998-99 budget study, Council did not take action in regard to the spousal allowance, however, it did recommend the 2.3 per cent multiplier and an increase in the maximum from 60 per cent to 69 per cent of benefits, and those are the two items that would cause the budget to be out of balance today. The Mayor reiterated that Council is obligated by law to insure that a balanced budget is approved, therefore, he stated that after consulting with Members of Council, he would request that Council consider a motion to continue the issue of added enhanced pension benefits (2.3 per cent multiplier and an increase in maximum benefits from 60 per cent to 69 per cent) until a date in September 1998 when a certification of funds availability can be made by the Director of Finance, which would enable the Director of Finance to submit a revised certificate today certifying that funds are available for adoption of a balanced 1998-99 fiscal year budget in all City accounts. Mr. Trout moved that any consideration of increasing the multiplier to 2.3 per cent with the maximum pension allowance increasing to 69 per cent, be deferred until after the June 30, 1998, actuarial report has been completed, which report will be received in September, 1998; that Council seriously consider the elimination of its participation in these additional benefits; and that the Director of Finance be requested to submit a revised certificate as to the availability of funds for a balanced 1998-99 fiscal year budget. The motion was seconded by Ms. Wyatt. The Mayor advised that numerous persons had registered to speak and requested that each speaker limit their remarks to five minutes. Robert E. Tonkinson, Vice-Chair, City of Roanoke Pension Plan, expressed concern over Council's vote during 1998-99 budget study to expand pension plan benefits, and called attention to the significant financial impact this decision will have in the years to come. He stated that as the public comes to understand the impact of this decision, as they see the decision flow through the budget in future years, and as they consider other things that could have been done with the money, citizens will be outraged. He further stated that from a public policy 4 standpoint, the City's salary and benefits package should be such that the City is able to recruit and retain qualified individuals to deliver services to City residents at an appropriate quality level, and a competitive salary and benefits package is required if the City is to employ such individuals. He advised that if the City believes it has a problem in recruiting good employees, the proper course of action is not giving money away through the pension plan, but to commission a comprehensive compensation and benefits study to assess the salaries and benefits package and to determine the improvements that will be the most beneficial in improving recruiting and retention. He stated that Council's fiduciary responsibility is to the taxpayer, the City has the right to collect money through taxing power and the Council has the responsibility to spend those funds wisely through approved and funded budgets and programs. In this case, he added that Council has proposed a change to the benefit plan that will create a liability to the City in excess of $30 million, and additionally, several Council Members will benefit directly from this change since they are eligible for the benefits under the pension plan. He stated that once pension benefits are granted, they cannot be taken away from current employees or retirees; over the long term, assets must be sufficient to fund liabilities and since City contributions make up for any shortfalls, increases in plan benefits always increase plan contributions over what they would have been had those enhancements not been granted. He advised that any increase in pension benefits takes funds away from other City activities, and pension enhancements currently under consideration would drain the City of an estimated $2 - 3 million in this current year and is indicative of effects of future years. Ms. Angela Norman, 1731 Michael Street, N. W., a City employee of 22 years and a long time City resident, appeared before Council in support of the efforts of firefighters in regard to the proposed pension enhancements. She referred to a recent article that appeared in The Roanoke Times which gives the perception that the change in pension benefits is directed toward satisfying "a special interest political pressure group"; and it was said by some persons that the firefighters represent a minority of City employees, many of whom live outside of the City of Roanoke. She stated that the non-city residency status is applicable to management, and inquired if the rank and file employees are to be penalized based on residency status, while management staff is not. She advised that the requested pension enhancements are for all City employees who continue to strive to provide excellent customer service both internally and externally. Edward Crawford, Captain, Roanoke City Fire/EMS Department, expressed appreciation for the $159.00 supplement and the Rule of 70/80 enhancements to the pension system. He stated that much has been said about the fact that the 2.3 per cent multiplier will cost tax dollars, but so do salaries and fringe benefits for City employees, as well as services that are provided to the citizens of Roanoke; however, the question is, will the requested pension enhancements cost new tax dollars and it is believed that the answer is no. He noted that City employees are not asking for an increase in taxes, but an affordable benefit to the retirement system which is designed for the welfare of the City employee. He stated that when the City hires an employee, it agrees to compensate that employee with a salary, a health care plan and a retirement plan, and upper management receives a maximum contribution to their ICMA Deferred Compensation Plan which the taxpayers of Roanoke also fund. He advised that Council should look at the request for the 2.3 per cent multiplier as a way of attracting top candidates to other positions in the City, and as an opportunity to reward City employees for staying with the City through both the good and the bad times. Chuck Wells, a 17 year veteran of the Roanoke City Fire/EMS Department, expressed appreciation for the $159.00 supplement and the Rule of 70/80 enhancements to the pension system, and commended the Department of Finance for its wise investment of pension plan funds. Should the actuarial study confirm that the 2.3 per cent multiplier benefit can be paid without increasing the City's contribution rate, he requested that Council go on record supporting the multiplier increase for City employees, retroactive to July 1, 1998. He advised that the Roanoke Firefighters Association will commission another actuarial study, and requested that Council direct the Finance Department to supply the necessary data to complete the study. He noted that if all City employees received the ICMA Deferred Compensation enhancement that is provided to upper management, there would be no need for an increase in the pension multiplier; and funds in the pension plan and their earnings should be used to fund benefits for City employees. Mr. Richard B. Sarver, 2890 Northview Drive, N. W., commended the integrity and leadership displayed by a majority of City Council Members in their decision to enhance pension benefits for City employees. He stated that on June 30, 1997, the City's actuary presented a report that showed the pension plan to be fully funded, with no unfunded accrued liability, and, in fact, the plan is $15 million 6 ACTION: over funded with assets of $298 million to date. He explained that it is estimated that the cost of new pension enhancements will be $2.465 million in 1998-99, which is not a risky decision but a benefit that is long overdue for City employees. He added that improved pension benefits would help the City by: (1) currently, the City has two pension plans, the old system and the new system, and improvements to the new system would provide more incentive for employees to switch to the new pension plan which would reduce bookkeeping items; (2) senior employees at or near the top of their pay range would have more incentive to retire and to be replaced by entry level employees; and (3) the City would benefit from savings in job related disabilities under Workers Compensation claims by employing a younger workforce. The motion offered by Mr. Trout, seconded by Ms. Wyatt, was unanimously adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET: The Director of Finance submitted a revised certificate advising that funds required for the 1998-99 General Fund, Water Fund, Sewage Treatment Fund, Civic Center Fund, Transportation Fund, City Information Systems Fund, Materials Control Fund, Management Services Fund, Utility Line Services Fund, Fleet Management Fund, Risk Management Fund, School Fund, and Grant Fund budgets will be available for appropriation. (For full text, see revised certificate on file in the City Clerk's Office.) Mr. Trout moved that the certificate be received and filed. The motion was seconded by Mr. Harris and unanimously adopted. BUDGET: Mr. Harris offered the following emergency ordinance adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $168,561,934.00: (#33814-051198) AN ORDINANCE adopting the annual General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 7 (For full text of Ordinance, see Ordinance Book No. 60, page 477.) Mr. Harris moved the adoption of Ordinance No. 33814-051198. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-WATER RESOURCES: Mr. Parrott offered the following emergency ordinance adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $9,175,250.00: (#33815-051198) AN ORDINANCE adopting the annual Water Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 480.) Mr. Parrott moved the adoption of Ordinance No. 33815-051198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-SEWERS AND STORM DRAINS: Mr. Swain offered the following emergency ordinance adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $9,878,100.00: (#33816-051198) AN ORDINANCE adopting the annual Sewage Treatment Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 482.) Mr. Swain moved the adoption of Ordinance No. 33816-051198. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-ROANOKE CIVIC CENTER: Mr. Trout offered the following emergency ordinance adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998, and ending June 30, 1999, in the total amount of $2,986,636.00: (#33817-051198) AN ORDINANCE adopting the annual Civic Center Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 483.) Mr. Trout moved the adoption of Ordinance No. 33817-051198. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-TRANSPORTATION FUND: Mr. White offered the following emergency ordinance adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $2,832,883.00: (#33818-051198) AN ORDINANCE adopting the annual Transportation Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 9 (For full text of Ordinance, see Ordinance Book No. 60, page 484.) Mr. White moved the adoption of Ordinance No. 33818-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY INFORMATION SYSTEMS: Ms. Wyatt offered the following emergency ordinance adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $3,409,603.00: (#33819-051198) AN ORDINANCE adopting the annual City Information Systems Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 486.) Ms. Wyatt moved the adoption of Ordinance No. 33819-051198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-GENERAL SERVICES: Mr. Harris offered the following emergency ordinance adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $151,350.00: (#33820-051198) AN ORDINANCE adopting the annual Materials Control Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 10 (For full text of Ordinance, see Ordinance Book No. 60, page 487.) Mr. Harris moved the adoption of Ordinance No. 33820-051198. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-MANAGEMENT SERVICES: Mr. Parrott offered the following emergency ordinance adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $128,315.00: (#33821-051198) AN ORDINANCE adopting the annual Management Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 488.) Mr. Parrott moved the adoption of Ordinance No. 33821-051198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-UTILITY LINE SERVICES: Mr. Swain offered the following emergency ordinance adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $3,240,997.00: (#33822-051198) AN ORDINANCE adopting the annual Utility Line Services Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 11 (For full text of Ordinance, see Ordinance Book No. 60, page 489.) Mr. Swain moved the adoption of Ordinance No. 33822-051198. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-FLEET MAINTENANCE FUND: Mr. Trout offered the following emergency ordinance adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $4,557,610.00: (#33823-051198) AN ORDINANCE adopting the annual Fleet Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 490.) Mr. Trout moved the adoption of Ordinance No. 33823-051198. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-RISK MANAGEMENT FUND: Mr. White offered the following emergency ordinance adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $6,653,344.00: (#33824-051198) AN ORDINANCE adopting the annual Risk Management Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. 12 (For full text of Ordinance, see Ordinance Book No. 60, page 492.) Mr. White moved the adoption of Ordinance No. 33824-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-SCHOOLS: Ms. Wyatt offered the following emergency ordinance adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the total amount of $92,081,915.00: (#33825-051198) AN ORDINANCE adopting the annual School Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 493.) Ms. Wyatt moved the adoption of Ordinance No. 33825-051198. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Trout, White, Wyatt, and Mayor Bowers ............................................................................. 6. NAYS: Council Member Swain .............................................. 1. Council Member Swain advised that his no vote was intended to send a message to the citizens of the City of Roanoke and to the Roanoke City School Board that the method by which the School Board handled pay increases for certain School administrators is not appreciated. BUDGET-GRANTS: Mr. Harris offered the following emergency ordinance adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999, in the amount of $638,334.00: 13 (#33826-051198) AN ORDINANCE adopting a portion of the annual Grant Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1998 and ending June 30, 1999; and declaring the existence of an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 494.) Mr. Harris moved the adoption of Ordinance No. 33826-051198. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers ............................................................... 7. NAYS: None ........................................................................ 0. BUDGET-CITY EMPLOYEES: Mr. Parrott offered the following emergency ordinance adopting and establishing a Pay Plan for officers and employees of the City, effective July 1, 1998; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 33396-051297, adopted on May 12, 1997, to the extent of any inconsistencies, effective July 1, 1998: (#33827-051198) AN ORDINANCE to adopt and establish a Pay Plan for officers and employees of the City, effective July 1, 1998; providing for certain salary adjustments and merit increases; authorizing annual salary increments for certain officers and employees for use of private motor vehicles; authorizing annual salary increments for sworn police officers assigned to the Criminal Investigation Division; authorizing annual salary increments for certain members of the Fire Department who are certified as Emergency Medical Technicians; authorizing annual salary increments for certain members of the Fire Department who are members of the Regional Hazardous Materials Response Team; and repealing Ordinance No. 33396-051297, adopted May 12, 1997, to the extent of any inconsistency; and providing for an emergency and an effective date. 14 (For full text of Ordinance, see Ordinance Book No. 60, page 496.) Mr. Parrott moved the adoption of Ordinance No. 33827-051198. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-PENSIONS: Mr. Swain offered the following emergency ordinance providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; viz: the retirement allowance payable on account of certain members of the City of Roanoke Pension Plan who retired on or before July 1, 1997, shall, effective July 1, 1998, be increased by two and one tenths per cent (2.1%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473-041591, adopted April 15, 1991, calculated as of July 1, 1998: (#33828-051198) AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 500.) Mr. Swain moved the adoption of Ordinance No. 33828-051198. The motion was seconded by Mr. Trout and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-CITY EMPLOYEES: Mr. Trout offered the following resolution relating to payment of a matching contribution of not less than five dollars nor more than ten dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee 15 ACTION: of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 33401-051297, adopted May 12, 1997: (#33829-051198) A RESOLUTION relating to payment of a matching contribution of not less than five dollars nor more than ten dollars to the International City Management Association Retirement Corporation Deferred Compensation Plan on behalf of any nontemporary classified employee of the City who makes a contribution of an equal amount on his or her own behalf to such Plan; and repealing Resolution No. 33401-051297, adopted May 12, 1997. (For full text of Resolution, see Resolution Book No. 60, page 502.) Mr. Trout moved the adoption of Resolution No. 33829-051198. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt, and Mayor Bowers ............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING- GRANTS: The City Manager submitted a written report advising that the U. S. Department of Housing and Urban Development (HUD) requires that entitlement localities such as the City of Roanoke submit a five-year Consolidated Plan, with Annual Updates, in order to receive Community Development Block Grant and HOME Investment Partnership funding; the City receives annual CDBG and HOME grants from HUD based on a formula which considers age of housing, poverty levels and other "distress" factors; and the amount of the HUD formula grants is related to the number of entitlement communities nationwide and to how much the U. S. Congress appropriates, rather than to anything that the City of Roanoke does. The City Manager recommended that he be authorized to submit an approved 1998-99 Annual Update to HUD for review and approval, with funding to be available from the following sources: New HUD Entitlements Estimated Program Income Estimated Carry-over $ 2,723,000.00 1,002,084.00 361,607.00 Subtotal $ 4,086,691.00 16 ACTION: Estimated Leveraged Funds $ 4.903,819.00 Total Estimated Budget $ 8,990,510.00 The City Manager explained that upon receipt of program and budget approval from HUD, a report detailing the necessary budget appropriations by program and line item, as well as contracts necessary to carry out the fiscal year 1998-99 program, will be presented to Council for adoption. Mr. White offered the following resolution authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1998-99 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing execution of the appropriate documents for acceptance of such funding. (#33830-051198) A RESOLUTION authorizing the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 1998-99 to the United States Department of Housing and Urban Development (HUD) for final review and approval, and authorizing the execution of the appropriate documents for the acceptance of such funding. (For full text of Resolution, see Resolution Book No. 60, page 503.) Mr. White moved the adoption of Resolution No. 33830-051198. The motion was seconded by Ms. Wyatt and adopted by the following vote: ACTION: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: Ms. Wyatt moved that the following ordinance establishing a rate schedule for certain water and sewage rates as reflected in Exhibit A of the ordinance, for all water, sewage, fire service and related services and statements rendered on or after August 1, 1998 and July 1, 1999, be placed upon its first reading: 17 ACTION: (#33831) AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City effective August 1, 1998, and July 1, 1999; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. COUNCIL: A communication from Mayor David A. Bowers requesting that Council convene in Executive Session to discuss two personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, one being evaluation of the City Manager, and the second being discussion of salaries for each of the Council-Appointed Officers, 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 two personnel matters, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended, one being evaluation of the City Manager, and the second being discussion of salaries for each of the Council-Appointed Officers. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. At 3:25 p.m., the Mayor declared the meeting in recess. At 4:10 p.m., the meeting reconvened in the Council Chamber, with Mayor Bowers presiding, and all Members of the Council in attendance. 18 ACTION: 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: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. DIRECTOR OF FINANCE-CITY CLERK-BUDGET-CITY ATTORNEY- CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr. Trout offered the following emergency ordinance establishing the salaries of the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for fiscal year 1998-99: ACTION: (#33832-051198) AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1998; and providing for an emergency and an effective date. (For full text of Ordinance, see Ordinance Book No. 60, page 504.) Mr. Trout moved the adoption of Ordinance No. 33832-051198. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Harris, Parrott, Swain, Trout, White, Wyatt and Mayor Bowers .............................................................. 7. NAYS: None ....................................................................... 0. At 4:15 p.m., the Mayor declared the meeting in recess. At 5:05 p.m., the meeting reconvened in the Council Chamber, with Vice-Mayor Wyatt presiding, and all Members of the Council in attendance, with the exception of Mayor Bowers and Council Member Parrott. 19 (The Mayor and Council Member Parrott left the meeting during the Executive Session.) ACTION: 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: AYES: Council Members Harris, Swain, Trout, White and Vice- Mayor Wyatt ................................................................................ 5. NAYS: None ........................................................................ 0. (Mayor Bowers and Council Member Parrott were absent). There being no further business, the Vice-Mayor declared the Special Meeting adjourned at 5:07 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 20 REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 18, 1998 12:15 p. m. The Council of the City of Roanoke met in regular session on Monday, May 18, 1998, at 12:15 p. m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, the regular meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re_~ular Meetinc~s, of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members John H. Parrott, Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ........................ 6. ABSENT: Council Member James O. Trout .............................................. 1. OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. At 12:17 p.m., the Mayor declared the meeting in recess. At 12:40 p.m., the meeting reconvened in the Social Services Conference Room, Room 306, Municipal North, with the following Council Members in attendance, with Mayor Bowers presiding, for the purpose of meeting with United States Congressman Robert W. Goodlatte to discuss matters of mutual interest and concern. PRESENT: Council Members Harris, Parrott, Swain, White, White and Mayor Bowers ............................................................................................... 6. ABSENT: Council Member Trout ............................................................. 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. OTHERS PRESENT: Congressman Robert W. Goodlatte; Peter S. Larkin, District Director, Roanoke Office of Congressman Goodlatte; Willard N. Claytor, Director, Real Estate Valuation; Kit B. Kiser, Director, Utilities and Operations; William F. Clark, Director, Public Works; Glenn D. Radcliffe, Director, Human Resources; and George C. Snead, Jr., Director, Public Safety. COUNCIL-LEGISLATION: On behalf of the Members of Council and City staff, the Mayor welcomed Congressman Goodlatte to the meeting and expressed appreciation for his interest in meeting with the City on an annual basis. The City Manager presented a list of issues pending with the Federal Government; whereupon, Congressman Goodlatte spoke to the following: Hiqhway Pro_iects: Status of wideninq of Interstate 81: Congressman Goodlatte advised that Interstate 81 is a major artery to the northeast and to the southwest, the highway is overloaded with traffic and is in need of additional lanes. He stated that the Virginia Department of Transportation is currently in the engineering phase of that process and some widening will most likely take place within the next two to three years. He added that funding will present a problem, which is also true of the 1-73 project, and the 1-73 project is the result of efforts of Congress to relocate a highway supported by the States of North Carolina and West Virginia that will extend down 1-77. He stated that Roanoke was successful in locating 1-73 through this area, although the exact location is in the process of being determined; the Department of Transportation has held a number of field hearings and citizens have been invited to offer suggestions, and the Department of Transportation has narrowed those suggestions down to several alternatives that will receive further attention. He added that it is anticipated that the highway will be ready for construction in approximately five years depending upon funding. He stated that he has worked diligently to insure that Virginia receives its fair shars of highway funding, and explained that currently for every one dollar that Virginia taxpayers spend at the pumps in Federal gas tax, the Commonwealth of Virginia receives 79 cents, while certain other states receive considerably mots, with no justification for the disparity. Therefore, he advised that a coalition was formed consisting of representatives of a number of southern and midwestern states to address a more equitable allocation of funding of the Highway Trust Fund and the Commonwealth of Virginia was successful in getting a 70 per cent increase from approximately $400 million per year to over $700 million per year. He stated that Virginia has increased its return from 79 cents to 90 cents on the dollar and all funds derived from the gasoline tax are required to be used for transportation needs and not placed in the General Fund. He stated that these additional funds are vitally important to making major improvements to 1-81 and to construct 1-73, and the Roanoke to North Carolina segment of 1-73 will cost approximately $600 million to $1 billion. 2 Em_oowerment Zone: Congressman Goodlatte advised that it is his understanding that the City of Roanoke plans to apply for Round 2 funding with the U. S. Department of Housing and Urban Development within the next few months to designate certain inner City neighborhoods as an Empowerment Zone. He offered his assistance by contacting Department of Housing and Urban Development officials on the City's behalf, if necessary. Status of re-authorization of the Airport Improvement Program: The City Manager advised that legislation to fund this program is pending; there are attempts to reduce the funding; this funding is basic to airport operations and includes such things as maintenance of runways; and it is crucial that it be reauthorized at current funding levels. Congressman Goodlatte advised that he strongly supports the Airport Improvement Program, and he has worked with City officials and the Roanoke Regional Airport Commission in connection with construction of the new tower to insure that the process proceeds as expeditiously as possible. Mass Transit: The City Manager advised that the Federal Operating Subsidy which is funding for Valley Metro has decreased; and the City requests that full funding and inflation increases be restored. Congressman Goodlatte advised that the operating subsidy for Valley Metro has decreased, although last year a $200,000.00 increase was included over the previous year, however, the funding level is still not where it was five years ago. Also, he stated that the larger cities tend to have less need of the operating subsidy due to a heavy amount of usage. He explained that the Highway Bill which passed the House of Representatives included additional funds in the amount of $200,000.00 for capital improvements for the bus system which was maintained in the conference report, and suggested that the City go on record in support of retaining the $200,000.00 by contacting Senator John W. Warner, Chairman of the Senate Subcommittee and a key person on the Conference Board of the House of Representatives. With regard to tourism, Congressman Goodlatte advised that he requested $500,000.00 in the Highway Bill for restoration of the former train station which will also be dependent upon action of the Conference Board, the House of Representatives and the Senate. There was further discussion with regard to 1-73 in which Congressman Goodlatte advised that the Roanoke to North Carolina segment of the highway project could start within five years, and the State appropriated $6 million for engineering and environmental portions of the work approximately one year ago. He stated that the location of the road will be of great importance to communities and to individuals along the 1-73 corridor; therefor, construction will begin based on how smoothly the process goes. He called attention to a longer term road that will have an impact on the Roanoke Valley which is an east-west interstate highway that would enter the State of Virginia at Covington, come down to Botetourt County, north of Roanoke along Route 460 and go through Lynchburg to Norfolk. Congressman Goodlatte advised that he has been approached by Downtown Roanoke, Inc., and certain businesses in downtown Roanoke with regard to a problem with flood insurance, and referred to flood insurance regulations which require that the value of an entire building be insured, even though the basement of the structure is not used. He stated that the regulations are too stringent, therefor, he has contacted The Federal Emergency Management Association (FEMA) and the appropriate committee in the Congress to request a review of the regulations. Congressman Goodlatte called attention to a meeting with the Mayor, the City Manager and Vice-Mayor Wyatt some time ago with regard to an easement across the Appalachian Trail at Carvins Cove and noted that he was pleased to see that there has been some progress, although the issue of whether or not an easement will be granted across the land for future utilities remains unresolved. He offered his assistance if the City finds a way to obtain the easements, because the National Forest and the Appalachian Trail should not be an impediment to economic development in the area. Mr. Parrott advised that when the City purchases property, it is responsible for insuring all liabilities, and inquired if the General Assembly plans to address the issue of perpetual liability for environmental problems. Congressman Goodlatte advised that the matter has been one of the most contentious and slow moving issues in the Congress. In regard to flood control projects, he further advised that the City had to scale back on some of the areas proposed for flood control because it would be assuming liability and potential hazardous waste disposal as a result of the way that the Superfund law was originally written. He stated that the law should be changed in order to hold the parties at fault responsible and not delay economic growth in an entire area. The City Attorney advised that a potential solution to the environmental problems for municipalities would be to exempt localities from liability when they acquire a mere easement for construction of water and sewer lines or a drainage project. He stated that during the course of a year, the City might acquire hundreds 4 of easements and it is unclear under current law whether by merely acquiring an easement the City might incur environmental liability by virtue of a prior contamination; therefor, municipalities need to be exempted when acquiring easements. Vice-Mayor Wyatt inquired as to the status of the encryption bill; whereupon, Congressman Goodlatte advised that the bill has passed through five different committees of the Congress, and four different versions of the bill have been drafted. He stated that it would be helpful for the City of Roanoke, which has considerable telemarketing and direct marketing businesses, to be able to assure customers that when they publish their credit card number on the Internet they will not be subjected to certain difficulties. He added that Roanoke is a major medical center and the ability to send medical records elsewhere with the assurance that the records will not be interfered with on the Internet is also important. He stated that industrial espionage is a major problem nationwide and it is a $100 billion a year business, legislation has been drafted to address concerns, and it is hoped that the House of Representatives will vote on the legislation this year. There being no further business, the Mayor declared the meeting in recess at 1:15 p.m., to be reconvened in the City Council Chamber at 2:00 p.m. At 2:00 p.m., on Monday, May 18, 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 John H. Parrott, Carroll E. Swain, William White, Sr., Linda F. Wyatt, C. Nelson Harris and Mayor David A. Bowers ....................... 6. ABSENT: Council Member James O. Trout .............................................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend Carl T. Tinsley, Pastor, First Baptist Church of Buena Vista. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. 5 ACTION: PRESENTATIONS ACTS OF ACKNOWLEDGEMENT-SCHOOLS: The Mayor recognized students from the Odyssey of the Mind team, Crystal Spring Elementary School, who placed first in State Competition, and will represent the Commonwealth of Virginia in the Odyssey of the Mind World Competition to be held at Walt Disney Resort in late May, 1998. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. He called specific attention to three requests for Executive Session to discuss and consider a matter of actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth; a matter regarding expansion of an existing business where no previous announcement has been made of the businesses' interest in expanding in the community; 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, 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)(I), Code of Virginia (1950), as amended. The motion was seconded by Mr. Swain and adopted by the following vote: 6 ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in Executive Session to discuss a matter with regard to actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, 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 actual litigation pending against the City of Roanoke in a Circuit Court of the Commonwealth of Virginia, 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 Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). BUILDINGS/BUILDING DEPARTMENT: A report of the City Manager with regard to evaluation of the effectiveness of the City's enforcement of the Building Code, was before Council. It was advised that property insurance rates are affected by the general risk of damage or loss of property; the Insurance Services Office, Inc., (IS0) is a private organization, supported by insurance companies, that provides insurers with risk and underwriting information which insurers may use to set insurance rates; the "Building Code Effectiveness Grading Schedule" (BCEGS) is a 100- point scale developed by ISO to evaluate administration of the Building Code to new construction only; and an "Effectiveness Classification", which is based on a scale from 1 (highest rating) to 10 (lowest rating), 7 is assigned to each jurisdiction evaluated with BCEGS; and the higher the rating (i.e. lower the classification number), the more likely insurers are to reduce the insurance rates for new buildings. It was further advised that Roanoke's Building Department was evaluated by ISO using the BCEGS in September 1997; the Building Department's rating was 78.84 on the 100-point scale, equal to an Effectiveness Classification of 3 both for 1- and 2-family residential and commercial and industrial construction; the Effectiveness Classification of 3 places Roanoke in the highest ranking group of Virginia localities evaluated by ISO; and to the best of the City's knowledge, no other locality in the state has received an Effectiveness Classification higher than 3. In conclusion, the City Manager pointed out that the high rating of the City's Building Department indicates the quality of its operations and may result in insurance savings to the owners of newly constructed buildings in the City; and congratulations are in order to all Building Department staff for their excellent service to the community. (For full text, see report on file in the City Clerk's Office.) Mr. White moved that the report be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Swain, White, Wyatt, Harris, Parrott and Mayor Bowers ............................................................................. 6. NAYS: None ...................................................................... 0. (Council Member Trout was absent.) ELECTIONS: A communication from Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting a certified copy of the Abstract of Votes cast in the General Election held in the City of Roanoke on May 5, 1998, was before Council. 8 "ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at the May 5, 1998 General Election, for MEMBER CITY COUNCIL Names of Candidates Total Votes Received (In Figures) C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. C. G. "Chris" Muse John H. "Jack" Parrott W. D. "Bill" Bestpitch Joseph F. "Joe" Nash Mark Oliver Matt 4,947 4,548 4,551 2,581 4,351 2,733 2,889 1 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 5, 1998, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Given under our hands this 5th day of May, 1998. A copy teste: Charles T. Green, Chairman Frances Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary [SEAL] Gilbert E. Butler, Jr., Secretary, Electoral Board" (For full text, see communication and Abstract of Votes on file in the City Clerk's Office.) 9 ACTION: ACTION: Mr. White moved that the communication and Abstract of Votes be received and filed. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). HOUSING/AUTHORITY-ARCHITECTURAL REVIEW BOARD- OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Brenda A. Powell as a member of the Fair Housing Board for a term ending March 31, 2001; and Alison S. Blanton as a member of the Architectural Review Board for a term ending October 1, 2001. (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 Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). INDUSTRIES-COUNCIL: A report of the City Manager requesting that Council convene in Executive Session to discuss a matter with regard to expansion of an existing business where no previous announcement has been made of the businesses' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended, was before the body. 10 ACTION: (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 expansion of an existing business where no previous announcement has been made of the businesses' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in the community, 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: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). 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 $199,901.00 from the 1997-98 Capital Maintenance and Equipment Replacement Fund for site-based technology, roof design at Westside Elementary School, and facility maintenance, was before Council. The Director of Finance submitted a written report advising that this is the seventh and final appropriation of the School Board's fiscal year 1997 CMERP funding of $1,877,074.00 and recommended that Council concur in the request. (For full text, see communication and report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33833-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 School and General Fund Appropriations, and providing for an emergency. 11 ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 511.) Mr. Swain moved the adoption of Ordinance No. 33833-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FLOOD REDUCTION/CONTROL-WATER RESOURCES: The City Manager submitted a written report advising that the Local Cooperation Agreement (LCA) for the Roanoke River Flood Reduction Project was executed with the U. S. Army Corps of Engineers on June 25, 1990; commitment to fund under the LCA is five per cent local cash match for project and construction costs, 100 per cent for lands and easements, 100 per cent for relocation costs, and 50 per cent for the recreation trail; and $808,000.00 was included in transfers to Capital Projects Fund as part of the approved General Fund budget for fiscal year 1998 in support of the project; therefore, budgeted funding of $808,000.00 needs to be transferred to the Capital Projects Fund and appropriated to the proper Capital Projects Fund account. The City Manager recommended that $808,000.00 be transferred from the General Fund, Account No. 001-004-9310-9508, to the Capital Projects Fund, and appropriate same in the Capital Projects Fund, Account No. 008-056-9620-9003, Roanoke River Flood Reduction. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 12 ACTION: (#33834-051898) 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 513.) Mr. Harris moved the adoption of Ordinance No. 33834-051898. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). Council Member Swain requested a briefing on actions taken by those jurisdictions upstream from the Roanoke River with regard to flood reduction/control. SEWERS AND STORM DRAINS-BONDS/BOND ISSUES-BUDGET- CONSULTANTS REPORTS-WATER RESOURCES: The City Manager submitted a written report advising that several significant drainage problems have existed for many years along Murdock Creek which is located in the Greater Deyerle Neighborhood; projects included in the Murdock Creek Drainage Project will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along Deyerle Road near Valentine Avenue; and the Murdock Creek Drainage Projects are included in the Capital Improvement Program (ClP), approved by Council on July 21, 1997. It was further advised that Council is requested to appropriate funds for the Murdock Creek Drainage Project design; a proposed contract with Mattern & Craig, Inc., provides for an engineering design of the Murdock Creek Drainage Projects to stay within the construction and property rights acquisition budget of $588,100.00; the engineering design will replace the undersized street culverts on Clara Avenue and Knollwood Road and construct a storm drainage system along Deyerle Road near Valentine Avenue, as allowed within budgetary constraints; and the proposal of Mattern & Craig, Inc., for professional design services necessary for the project is $61,900.00; and adding a five per cent contingency for potential scope of work changes in the project design will bring the total fee to $65,000.00. 13 ACTION: The City Manager recommended that Council appropriate $65,000.00 from 1997 Bond Proceeds to an account entitled, "Murdock Creek Drainage Project", to fund an engineering design contract with Mattern & Craig, Inc. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33835-051898) 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 513.) Mr. Harris moved the adoption of Ordinance No. 33835-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). TRAFFIC-BONDS/BOND ISSUES-BUDGET-BRIDGES-CAPITAL IMPROVEMENTS PROGRAM-WATER RESOURCES: The City Manager submitted a written report advising that the Transfer to Capital Projects Fund account in the General Fund budget includes $310,000.00 for transportation projects in FY 1997-1998; this amount has not been appropriated in accounts in the Capital Projects Fund, which needs to be done in order to properly reserve the funds for those transportation projects that they were intended to finance; and Capital Improvement Program projects related to transportation would ultimately have up to $310,000.00 available as a supplement to funding previously made available from the past two bond referendums. The City Manager recommended that Council appropriate $310,000.00 from Transfer from General Fund in Capital Projects Fund accounts, as follows: 14 ACTION: $250,000.00 to Capital Improvement Reserve for Streets and Bridges; and $60,000.00 to Traffic Signals - Install New Signals, Account No. 008-052-9561-9003. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#33836-051898) 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 514.) Mr. Harris moved the adoption of Ordinance No. 33836-051898. The motion was seconded by Mr. Parrott and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... O. (Council Member Trout was absent). COUNCIL-JUVENILE CORRECTIONAL FACILITIES: The City Manager, City Attorney and Director of Finance submitted a written report advising that the City of Roanoke owns and operates the Juvenile Detention Center located in Botetourt County, which operation is partially funded by the State Department of Juvenile Justice; the original structure was built in 1960 and expanded in 1979, and does not meet current bed space needs or building codes/regulations for secure detention centers; the current licensed capacity of the Juvenile Detention Center is 21 beds; however, the State Board of Juvenile Justice approved a Needs Assessment Study in April 1996 for expansion of the Center to 43 beds to accommodate the needs of Roanoke City and Botetourt County. It was further advised that the Juvenile Detention Center had operated as a regional facility until the Fall of 1996, providing bed space on a per diem reimbursement basis to other regional 15 jurisdictions, including Botetourt, Franklin, and Roanoke Counties, and the City of Salem; however, at that time, the City restricted access to other jurisdictions because of overcrowding and the possible loss of licensure from the State; and other jurisdictions would be allowed bed space only if the population was under the licensed capacity of 21; the State Board of Juvenile Justice approved a Planning Study in July 1997 for renovating and expanding the Juvenile Detention Center from a 21 bed facility to a 43 bed facility and approved preliminary construction plans in January 1998 for expanding and renovating the Center to a 43 bed capacity; and $2,187,000.00 in general obligation bonds have been approved by City voters in previous bond referendums to help finance the local share of the total cost of expanding and renovating the Center. It was noted that the City of Salem and Counties of Franklin and Roanoke secured approval of a Needs Assessment Study by the State Board of Juvenile Justice in November 1997 which acknowledged the need for 38 additional detention beds in the region, to be allocated as follows: County of Roanoke - 20 beds City of Salem - 10 beds County of Franklin - 8 beds It was further noted that the three localities were authorized to initiate a Planning Study to determine the best option for constructing 38 additional detention beds in the region; the Department of Juvenile Justice encouraged negotiations by all jurisdictions to develop a regional facility; and the City of Salem and Counties of Franklin and Roanoke hired Hayes, Seay, Mattern and Mattern (HSMM) to develop feasibility and design plans for adding 38 beds to Roanoke City's proposed 43 bed facility. It was explained that the State Department of Juvenile Justice gave preliminary approval to the revised regional Planning Study to avoid further delays in Roanoke City's expansion project, however, approval must be secured from the State Board of Juvenile Justice; in order to secure Board approval, all participating jurisdictions must submit resolutions adopted by their governing bodies expressing the intent to participate in a regional facility with the revised Planning Study when presented to the State Board of Juvenile Justice for approval; and the Planning Study must be considered and approved by the State Board of Juvenile Justice at its regularly scheduled meeting on July 8 if the project is to be considered for funding in the next budgetary planning cycle by the State. 16 The City Manager advised that a team was appointed in March 1998 to rapidly re-evaluate all options available to Roanoke City for fast-tracking the renovation and expansion of the Juvenile Detention Center to meet bed space requirements; and the team evaluated three primary options for meeting detention bed space needs of Roanoke City: 43 bed facility owned, operated and constructed by Roanoke City at the existing site in Botetourt County that would provide bed space only to Roanoke City and to others, including Botetourt County, on a per diem reimbursement basis; 81 bed facility owned, operated, and constructed by Roanoke City at the existing site in Botetourt County that would provide bed space to the Cities of Roanoke and Salem and the Counties of Botetourt, Franklin and Roanoke on a contractual per diem reimbursement basis; and 81 bed facility owned, operated and constructed by a regional commission at the existing site in Botetourt County that would provide bed space to the Cities of Roanoke and Salem and the Counties of Botetourt, Franklin and Roanoke on a contractual per diem reimbursement basis. It was explained that the team concluded that the third option, an 81 bed facility owned, operated and constructed by a regional commission at the existing site in Botetourt County, is in the best interests of the City after a thorough evaluation of all issues as they relate to each of the three options, and the team recommended that option to the City Manager; and the City Manager authorized the team to negotiate that option with other participating jurisdictions. The City Manager recommended that Council adopt a resolution authorizing the creation of and the City's participation in the Roanoke Valley Detention Center Commission; that the City Manager be authorized to execute an agreement with other member jurisdictions and the Commission, in a form to be approved by the City Attorney, to allow construction and operation of an 81 bed regional juvenile 17 ACTION: detention center; and authorize sale of the building known as the Roanoke City Juvenile Detention Center in Botetourt County, which consists of approximately 8.5 acres of land surrounding the Center, and the personal property used at the Center. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#33837-051898) A RESOLUTION indicating the City of Roanoke's intention to participate with the City of Salem, and the Counties of Franklin, Roanoke, and Botetourt, should Botetourt County choose to participate, in the Roanoke Valley Detention Commission (the "Commission"), requesting the Commonwealth of Virginia to reimburse the Commission for eligible construction costs of the Juvenile Detention Center, and requesting the Board of Juvenile Justice to approve the revised Program Design and Planning Study. (For full text of Resolution, see Resolution Book No. 60, page 515.) Mr. Harris moved the adoption of Resolution No. 33837-051898. The motion was seconded by Mr. Swain. Vice-Mayor Wyatt advised that she supports the Regional Juvenile Detention Center; however, she stated that when discussions started regarding the facility approximately three months ago, she met with City staff and expressed concern that a larger jail for young persons is not what the Roanoke Valley needs, but there is an opportunity to provide a facility that could make changes in the lives of children, and in order to do so, it is vitally important to provide in-depth training for those staff persons who will work with children at the Juvenile Detention Center. She added that more of an impact would be made by the staff who work with these children than by the building in which the children are housed. She expressed concern that she stressed this point on numerous occasions, and requested that it be a part of negotiations with the various jurisdictions; however, her concern has not been addressed in the City Manager's report, and for that reason, she could not support the measures which have been presented to Council for consideration. The City Manager responded that staff training was discussed in individual briefings with Council Members and Members of Council asked that the matter be included in the service agreement. He stated 18 that all of the participating jurisdictions agreed to include the staff training provision in future documents that address operational issues of the Regional Juvenile Detention Center and all of the jurisdictions represented agreed that minimum staff training is no longer the standard. ACTION: Based on the City Manager's explanation, Vice-Mayor Wyatt advised that she would support the recommendation of the City Manager; however, she would monitor future documents to insure that appropriate staff training is addressed. Resolution No. 33837-051898 was adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). Mr. Harris moved that the following ordinance be placed upon its first reading: (#33838) 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.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). 19 The Mayor requested that former Council Member Mary C. Pickett be invited to attend special activities establishing the Regional Juvenile Detention Center. ACTION: CITY CODE-SWIMMING POOLS-FEE COMPENDIUM: The City Manager submitted a written report advising that the City Code, Section 15-26, authorizes the Department of Health to adopt and enforce rules and regulations governing the design, construction, equipment and operation of all public swimming pools; health permits are required before any person may construct, reconstruct, extensively alter, or operate a public swimming pool in Roanoke City; and the Virginia Department of Health has nonspecific rules governing public swimming pools permitted in tourist establishments, but does not have rules governing other public swimming pools. The City Manager recommended that Council repeal Article II, Swimminq Pools, of Chapter 15, Health and Sanitation Generally, Code of the City of Roanoke (1979), as amended, and enact a new Article II to ensure that public swimming pools in Roanoke City are constructed, operated, and maintained in a manner that protects public welfare, health, and safety. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33839) AN ORDINANCE amending Article I1. Swimminq pools, of Chapter 15, Health and Sanitation Generally, of the Code of the City of Roanoke (1979), as amended, by amending §15-22 - Definitions, §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 re~julations for deskjn, 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 feature~, 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.) 2O The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). BUDGET-GRANTS-YOUTH: The City Manager submitted a written report advising that the City of Roanoke receives funding from the State Department of Juvenile Justice to administer and operate 12 Juvenile Justice programs which are funded through the Virginia Juvenile Community Control Act (VJCCCA); and the City of Roanoke has budgeted $1,118,254.00 in VJCCCA funding for fiscal year 1997-98. It was further advised that the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Control Act (VJCCCA), effective January 1, 1996, as follows: VJCCCA replaced the block grant system for all community-based programs and services except secure detention homes; and the purpose of the Act is to establish a balanced community-based system of sanctioned programs and services for juvenile offenders. VJCCCA allows localities to use unexpended State funds between biennial years; the City has $182,595.00 in unexpended State funds from FY 1996-97 for use in FY 1997-98; this is comprised of $23,556.00 of CMERP funding which arose from unexpended VJCCCA funds in the General Fund as well as $138,389.00 of unexpended grant funds; funding in the amount of $20,650.00 from the unexpended VJCCCA funds pool was previously reappropriated as a part of the FY 1997-98 VJCCCA program plan approved by the Department of Juvenile Justice. The City of Roanoke will receive an additional $2,330.00 in VJCCCA revenue as a result of the re-application of the funding formula. 21 ACTION: It was noted that unexpended State funds and new revenue will be used to supplement existing programs and to provide three new service programs for the juvenile justice population in Roanoke City. The City Manager recommended that Council transfer unexpended State funds and appropriate additional State revenue and CMERP funds, as follows: Increase VJCCCA revenue (001-020-1234-0723) in the amount of $2,330.00; Transfer $138,389.00 in unexpended State funds from FY 1996-97 from Grant Fund accounts listed in Exhibit A, appropriate $23,556.00 from the FY 1996-97 year end fund balance (CMERP), and appropriate $2,330.00 in additional revenue to accounts listed; and Adjust the following revenue accounts to reflect reclassifications in the original VJCCCA program budgets between the General and Grant Funds: Decrease Transfers to Grant Fund (001-004-9310-9535) ($80,704.00) Decrease VJCCCA FY98 Revenue (035-035-1234-7255) ($80,704.00) (For full text, see report on file in the City Clerk's Office.) Mr. White offered the following emergency budget ordinance: (#33840-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General and Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 517.) Mr. White moved the adoption of Ordinance No. 33840-051898. The motion was seconded by Mr. Harris and adopted by the following vote: 22 AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). BUDGET-CITY EMPLOYEES-PERSONNEL LAPSE FUNDS: The City Manager and the Director of Finance submitted a joint written report advising that personnel lapse is generated due to employee turnover and vacancies in various City departments; and for the current fiscal year, salary savings of $825,000.00 are projected as a result of these vacancies. It was explained that the quarterly report will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets; total estimated personnel lapse generated for fiscal year 1997-98 is $1,210,000.00; and personnel lapse generated exceeds the estimate of $825,000.00 by $385,000.00; and the excess lapse will be used as follows: Solid Waste Management/Refuse - $335,000.00 will be transferred to Fees for Professional Services to cover costs associated with startup of Phases I and II of the automated/semi-automated residential refuse collection program; and Civic Center - $50,000.00 will be transferred to Fees for Professional Services to cover costs associated with hosting the Virginia Municipal League Annual Conference in the fall season of 1998. The City Manager recommended that Council authorize the transfer of $825,000.00 from various departmental accounts to Personnel Lapse Account No. 001-002-9410-1090, $335,000.00 to Solid Waste Management and $50,000.00 to the Civic Center Fund. (For full text, see report on file in the City Clerk's Office.) Mr. Parrott offered the following emergency budget ordinance: 23 ACTION: (#33841-051898) AN ORDINANCE to amend and reordain certain sections of the 1997-98 General Fund and Civic Center Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 521.) Mr. Parrott moved the adoption of Ordinance No. 33841-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). DIRECTOR OF FINANCE: CITY NURSING HOME-BUDGET-HUMAN DEVELOPMENT: The Director of Finance submitted a written report advising that Council authorized transfer of the City Nursing Home operation to Smith/Packett Med-Com, Inc., on August 14, 1995 pursuant to Ordinance No. 32590. It was further advised that the City accounted for operation of the Nursing Home as an Enterprise Fund, supported by patient fees and an annual operating subsidy from the General Fund of approximately $500,000.00; discontinuing operation of the Nursing Home allows the annual operating subsidy to be redirected to fund other projects; for example, the amount of the operating subsidy has been used in the current year to help finance the 800 MHZ Regional Radio Project and the FY99 recommended budget proposes the same; and in future years, the operating subsidy will be used to repay bonds issued to finance the 1998-2002 Capital Improvement Program. It was noted that discontinuing the Nursing Home operation necessitates closure of the Nursing Home Enterprise Fund and transfer of remaining equity back to the General Fund; and after discontinuance of operation, the remaining equity totaled $321,518.00, and of this amount, $260,000.00 was appropriated to help fund the 800 MHZ Regional Radio Project (Ordinance No. 33673), leaving a balance of $61,518.00. 24 It was explained that during the fiscal year 1996-97 budget study process, Council made a commitment to provide funding up to $250,000.00 for the National D-Day Memorial Foundation over a five- year period; currently, $100,000.00 of this commitment has been paid, and the remaining equity in the Nursing Home Fund provides an opportunity to make the third $50,000.00 contribution toward the City's $250,000.00 commitment. The Director of Finance recommended that Council adopt a budget ordinance transferring the remaining residual equity to the General Fund, $50,000.00 of which will be appropriated to an account to be paid to the National D-Day Memorial Foundation, and the remaining $11,518.00 will be appropriated to the General Fund Contingency; and closure of the Nursing Home Fund, effective June 30, 1998. ACTION: (For full text, see report on file in the City Clerk's Office.) Mr. Swain offered the following emergency budget ordinance: (#33842-051898) 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 526.) Mr. Swain moved the adoption of Ordinance No. 33842-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). BUDGET-CITY EMPLOYEES-PENSIONS: The Director of Finance submitted a written report advising that Council, on Monday, May 11, 1998, tentatively approved the following enhancements to the City of Roanoke Pension Plan for the Employee Supplemental Retirement System (ESRS): 25 ACTION: Calculate the basic benefit by applying the Rule of 70 for public safety employees with a minimum age of 45, and the Rule of 80 for general employees with a minimum age of 50. (This new definition of normal retirement age for public safety employees would be any combination of age and years of service equal to 70 and for general employees would be any combination of age and years of service equal to 80), effective July 1, 1998; and A period of two months be available for members of the Employees Retirement System (ERS) to have the opportunity to transfer to the ESRS (July 1 - August 31, 1998). It was further advised that employees of the City of Roanoke and members of the City of Roanoke Pension Plan who retire on or after July 1 with 20 years of creditable service will receive a $159 a month supplement which benefit would cease upon the retiree attaining age 65; and employees of the ERS and ESRS are eligible for this benefit. The Director of Finance recommended that Council adopt measures enacting the above pension fund enhancements. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33843) 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.) The motion was seconded by Mr. Parrott and adopted by the following vote: 26 ACTION: ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). Mr. Harris moved that the following ordinance be placed upon its first reading: (#33844) AN ORDINANCE amending and reordaining §22.1-3, Membership cjenerally, 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. (For full text of Ordinance, see Ordinance Book No. 60, page 545.) The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). Mr. Harris offered the following resolution: (#33845-051898) A RESOLUTION providing for payment of a monetary supplement to certain members of the City of Roanoke Pension Plan who retire prior to attaining age sixty-five. (For full text of Resolution, see Resolution Book No. 60, page 527.) Mr. Harris moved the adoption of Resolution No. 33845-051898. The motion was seconded by Mr. Swain and adopted by the following vote: 27 AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout 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 construction of the Franklin Road Water Main Replacement Project. The Bid Committee advised that the 12 inch diameter water main located in Franklin Road between McClanahan Street and Beachwood Road has had a history of breaks and leakage; and the existing line is proposed to be replaced with a new 12 inch diameter main of ductile iron which is of sufficient capacity for the existing and anticipated future land use in the corridor. The Bid Committee recommended that Council approve the following actions: Authorize the City Manager to execute a unit price contract, in a form to be approved by the City Attorney, with J. P. Turner and Brothers, Incorporated, in the amount of $595,140.00, with 180 calendar days for completion of the work, a project contingency of $60,000.00, and an allowance to pay in house costs to the City Engineer's Department of $7,500.00; and Appropriate $572,640.00 from Water Fund Retained Earnings to an account to be established by the Director of Finance entitled, "Franklin Road Water Main Replacement." 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: 28 ACTION: (#33846-051898) 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 528.) Mr. Parrott moved the adoption of Ordinance No. 33846-051898. The motion was seconded by Mr. Swain and adopted by the following vote: ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). Mr. Parrott offered the following emergency ordinance: (#33847-051898) AN ORDINANCE accepting the bid of J. P. Turner and Brothers, Incorporated, for the Franklin Road Water Main Replacement Project, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 60, page 529.) Mr. Parrott moved the adoption of Ordinance No. 33847-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). UNFINISHED BUSINESS: None. 29 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ACTION: PARKS AND RECREATION-LANDMARKS/HISTORIC PRESERVATION-LEASES: Ordinance No. 33798, authorizing the proper City officials to enter into a lease agreement with the Commonwealth of Virginia, Department of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, for a one year period, with an option to renew for'four additional one year periods, and upon such other terms and conditions as are deemed appropriate, having previously been before the Council for its first reading on Monday, May 4, 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: (#33798-051898) AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and the Commonwealth of Virginia, Department of Historic Resources, for office and laboratory space at the Buena Vista Recreation Center, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 505.) Mr. Parrott moved the adoption of Ordinance No. 33798-051898. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). HEALTH DEPARTMENT-LEASES: Ordinance No. 33805, authorizing a lease agreement with the State Department of Health for the Health Center located at the southwest corner of Campbell Avenue, S. W., and Eighth Street, S. W., commonly known as 530 Eighth Street, S. W., for a three-year term beginning July 1, 1998 and ending June 30, 2001, for a total lease fee of $28,800.00, upon such terms and conditions as more particularly described in a report of the Water Resources Committee dated May 4, 1998, having previously been before the Council for its first reading on Monday, May 4, 1998, read 30 ACTION: 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: (#33805-051898) AN ORDINANCE authorizing the lease of certain City-owned property to the State Department of Health, upon certain terms and conditions. (For full text of Ordinance, see Ordinance Book No. 60, page 506.) Mr. Harris moved the adoption of Ordinance No. 33805-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). PURCHASE/SALE OF PROPERTY-PARKS AND RECREATION- CITY PROPERTY: Ordinance No. 33811, declaring the former "Caretaker's House" owned by the City and located at 1902 Prospect Road, S. E., in Mill Mountain Park, to be surplus to the City's needs, having previously been before the Council for its first reading on Monday, May 4, 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: (#33811-051898) AN ORDINANCE declaring a certain structure located at Mill Mountain Park surplus and authorizing its sale, removal or demolition. ACTION: (For full text of Ordinance, see Ordinance Book No. 60, page 507.) Mr. Harris moved the adoption of Ordinance No. 33811-051898. The motion was seconded by Mr. Swain and adopted by the following vote: 31 ACTION: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). SEWERS AND STORM DRAINS-BUDGET-TAXES-FEE COMPENDIUM-WATER RESOURCES: Ordinance No. 33831, establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City, effective August 1, 1998 and July 1, 1999, having previously been before the Council for its first reading on Monday, May 11, 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: (#33831-051898) AN ORDINANCE establishing a rate schedule for certain water and sewage rates and related charges for services provided by the City, effective August 1, 1998 and July 1, 1999; and directing amendment of the Fee Compendium. (For full text of Ordinance, see Ordinance Book No. 60, page 507.) Mr. Harris moved the adoption of Ordinance No. 33831-051898. The i,~otion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, White, Wyatt, Harris and Mayor Bowers ............................................................................. 6. NAYS: None ....................................................................... 0. (Council Member Trout was absent). MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD PARTNERSHIP: Council Member Harris expressed appreciation to the Members of Council and City staff who participated in the first of the neighborhood tours, specifically the Belmont community, on Monday, May 11, 1998. 32 FIRE DEPARTMENT: The Mayor advised that the City is saddened by the loss of lives, injury and loss of property as a result of a fire that occurred in the 500 block of Church Avenue, S. W., in the early morning hours of May 18, 1998. (See news release on file in the City Clerk's Office.) WATER RESOURCES: Vice-Mayor Wyatt inquired as to how City staff monitors water pressure from the various water pumping stations located throughout the City. Kit B. Kiser, Director of Utilities and Operations, advised that the majority of water pumping stations are connected to the SCADA (Supervisory Command and Data Acquisition) system; however, there are some exceptions with the smaller pumping stations which are not hooked into the system. Therefore, he stated that if a problem occurs, it would require a telephone call from a citizen to report the situation, and a review of the matter may be in order. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 3:05 p.m., the Mayor declared the meeting in recess. At 3:40 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 Trout and Council Member White who left the meeting prior to convening the Executive Session. ACTION: COUNCIL: With respect to the Executive Session just concluded, Mr. Swain moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Executive Session was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Parrott, Swain, Wyatt, Harris and Mayor Bowers ............................................................................. 5. NAYS: None ....................................................................... 0. (Council Members Trout and White were absent). 33 ACTION: JUVENILE CORRECTIONAL FACILITIES: Mr. Harris offered the following resolution authorizing the City to make a voluntary contribution in lieu of taxes to Botetourt County, subject to certain terms and conditions; viz: 1. Beginning January 1999, the City agrees to make a voluntary contribution in lieu of taxes to Botetourt County in the amount of $33,000 per year for fifteen (15) years in exchange for Botetourt County agreeing to forego taxation of City-owned property in Botetourt County for fifteen (15) years. Said voluntary contribution will be made in the month of January each year. On and after January 1, 2000, the City's voluntary contribution will be adjusted up or down by the most recently published Consumer Price Index. No such adjustment either up or down will exceed five percent (5%). 2. The City agrees that it shall transport or cause to be transported all juveniles between the Juvenile Detention Home at Coyner Springs and the courts in Fincastle, except for those juveniles who were initially placed in the Juvenile Detention Home at Coyner Springs as a result of an offense committed in Botetourt County. (#33848-051898) A RESOLUTION authorizing the City to make a voluntary contribution in lieu of taxes to Botetourt County, subject to certain terms and conditions. (For full text of Resolution, see Resolution Book No. 60, page 530.) Mr. Harris moved the adoption of Resolution No. 33848-051898. The motion was seconded by Mr. Swain and adopted by the following vote: AYES: Council Members Parrott, Swain, Wyatt, Harris and Mayor Bowers ............................................................................ 5. NAYS: None ....................................................................... 0. (Council Members White and Trout were absent). At 3:45 p.m., the Mayor declared the meeting in recess until 7:00 p.m. 34 On Monday, May 18, 1998, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Vice-Mayor Wyatt presiding. PRESENT: Council Members John H. Parrott, Carroll E. Swain, C. Nelson Harris and Vice-Mayor Wyatt ......................................... -4. ABSENT: Council Members James O. Trout, William White, Sr., and Mayor David A. Bowers .......................................................... 3. OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr., City Attorney; Jesse A. Hall, Deputy Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Wyatt. PUBLIC HEARINGS: STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Michelle Powell that an alley connecting properties located at 1911 and 1909 East Gate Avenue, N. E., identified as Official Tax Nos. 3341103 and 3341104, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 30, 1998, and Thursday, May 7, 1998, and in the Roanoke Tribune on Thursday, May 7, 1998. (See publisher's affidavits on file in the City Clerk's Office.) Michelle Powell, Petitioner, appeared before Council in support of the request. 35 A report of the City Planning Commission advising that the alley which is requested for closure is 12' wide and approximately 125' long and has never been developed (paved) by the City for public use; the building at 1911 East Gate Avenue and pavement of a private driveway at 1909 East Gate Avenue both encroach upon and within the public right-of-way of the alley being requested for closure; and the location of the alley and use of the structures encroaching therein have been the subject of numerous disputes between abutting property owners, was before Council. The City Planning Commission recommended that Council approve the request to close and vacate the above described public alley, subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereof, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of egress and ingress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way. The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of an ordinance granting the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation; The applicant shall, upon a certified copy of an ordinance granting the request being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred; and 36 ACTION: If the above conditions have not been met within a period of six months from the date of adoption of the ordinance, granting the request, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33849) 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.) The motion was seconded by Mr. Swain. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33849 was adopted, on its first reading, by the following vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt ........................................................................................ -4. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Members Trout and White were absent). STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, the City Clerk having advertised a public hearing for Monday, May 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City of Roanoke that a portion of Pineland Road, S. W., located adjacent to Official Tax Nos. 5010507 and 5010317, be permanently vacated, discontinued and closed, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Time~ on Thursday, April 30, 1998, and Thursday, May 7, 1998, and in the Roanoke Tribune on Thursday, May 7, 1998. 37 (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that Pineland Road, S. W., as currently developed (paved) now extends from Deyerle Road to a point approximately 50 feet west of Circle Drive, S. W.; and any additional extension of this street would result in a connection with Circle Drive. It was further advised that questions concerning the possibility of opening and constructing Pineland Road to a connection with Circle Drive have, over the years, been raised by various individuals; a portion of Pineland Road, as currently requested for closure and vacation has remained in an undeveloped, idle and unproductive status for many years; the City has no current or future plans to open, extend or otherwise utilize this undeveloped portion of Pineland Road, and residents of Pineland Road have previously requested that this undeveloped section of their street be closed and vacated to prevent the future possibility of the street being opened as a traffic connection to Circle Drive. The City Planning Commission recommended that Council permanently close and vacate the abovedescribed section of Pineland Road, S. W., subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, receive all required approvals thereof, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over same, for installation and maintenance of any and all existing utilities that may be located within the right-of-way; The applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of the ordinance granting the request for recordation in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in 38 interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. The applicant shall, upon a certified copy of the ordinance granting the request being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, in said Clerk's Office, file with the City Engineer, the Clerk's receipt, demonstrating that such recordation has occurred. ACTION: The City Engineer shall, upon receiving the afore- mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein the ordinance granting the request shall be spread. If the above conditions have not been met within a period of six months from the date of adoption of the ordinance granting the request, said ordinance shall be null and void with no further action by Council being necessary. (For full text, see report on file in the City Clerk's Office.) W. Robert Herbert, City Manager, appeared before Council in support of the request. Mr. Harris moved that the following ordinance be placed upon its first reading: (#33850) 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.) The motion was seconded by Mr. Parrott. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33850 was adopted, on its first reading, by the following vote: 39 AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt ........................................................................................ -4. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Members Trout and White were absent). CITY CODE-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, May 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the City Planning Commission to amend Section 36.1-710, Zoning, Code of the City of Roanoke, (1979), as amended, by adding a new subsection c, to provide for reimbursement or refund of certain fees and charges under certain conditions, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 30, 1998, and Thursday, May 7, 1998, and in the Roanoke Tribune on Thursday, May 7, 1998. (See publisher's affidavits on file in the City Clerk's Office.) A report of the City Planning Commission advising that the Department of Planning and Community Development is the initial and primary point of contact for the general public in the filing of a wide variety of applications, such as applications for zoning permits, zoning (rezonings) amendments, certificates of appropriateness from the Architectural Review Board and hearings before the Board of Zoning Appeals which are authorized by Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, was before Council. It was further advised that Chapter 36.1-710(a) requires the payment of certain fees as enumerated in the City's Fee Compendium for the provision of the above-cited services and further mandates that "(a) The schedule of fees and charges shall be as set forth in the Fee Compendium of the City and shall be available in the Offices of the Zoning Administrator and the City Clerk and may be altered or amended only by City Council."; applicants, on occasion, decide for various reasons to withdraw their applications (prior to the City's initiation of any action on such applications); and on some rare occasions human error or oversight is involved in the overall transaction of fee prescription, assessment or collection. 40 ACTION: It was explained that the Department of Planning and Community Development, as a City department under the direction of the City Manager, needs a legal process by which the necessary refunds can be made in justifiable cases; and the City has no written authority, procedures, or guidelines for refunding of fees and charges under certain circumstances once such fees or charges have been paid to the City. The City Planning Commission recommended that Council approve a proposed amendment to Chapter 36.1-710 of the Code of the City of Roanoke (1979), as amended, by adding a new subsection (c) to authorize the City Manager, or his designees, to refund fees or charges under certain circumstances. (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. A report of the City Manager concurring in the recommendation of the City Planning Commission, was also before Council. Mr. Harris moved that the following ordinance be placed upon its first reading: (#33851) AN ORDINANCE amending §36.1-710, Fees qenerally, of Division 6, Fees, of Article VII. Administration, of Chapter 36.1, Zonin~h 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.) The motion was seconded by Mr. Swain. The Vice-Mayor inquired if there were persons present who would like to address Council with regard to the matter. There being none, Ordinance No. 33851 was adopted, on its first reading, by the following vote: 41 AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt ......................................................................................... -4. NAYS: None ....................................................................... 0. (Mayor Bowers and Council Members Trout and White were 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, May 18, 1998, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Mark Firebaugh and Rocky Ridge Properties, L. L. C., that a 2.82-acre tract of land located at 2013 Peters Creek Road, N. W., identified as Official Tax No. 6370306, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, April 30, 1998, and Thursday, May 7, 1998, and in the Roanoke Tribune on Thursday, May 7, 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 construct and operate a motorcycle sales and service center and offices, was before Council. The City Planning Commission recommended that Council approve the request for rezoning, and advised that the property fronts on Peters Creek Road and is more appropriate for commercial development; and while less grading is desirable, the conditions proffered by the petitioners address development issues discussed by the City Planning Commission. (For full text, see report on file in the City Clerk's Office.) Mr. Harris moved that the following ordinance be placed upon its first reading: (#33852) 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. 42 (For full text of Ordinance, see Ordinance Book No. 60, page 551.) The motion was seconded by Mr. Swain. The Vice-Mayor inquired if there were persons present who would like to address Council; whereupon, Edward A. Natt, Attorney, representing the petitioners, submitted a Fourth Amended Petition containing a new development plan and requested that the Fourth Amended Petition be made a part of the ordinance. No other persons wishing to be heard, Mr. Harris moved that Ordinance No. 33852 be amended to include the Fourth Amended Petition filed in the City Clerk's Office on May 20, 1998. The motion was seconded by Mr. Swain and adopted. Ordinance No. 33852, as amended on its first reading, was adopted by the following vote: AYES: Council Members Parrott, Swain, Harris and Vice-Mayor Wyatt- ........................................................................................ -4. NAYS: None ...................................................................... 0. (Mayor Bowers and Council Members Trout and White were absent.) OTHER HEARING OF CITIZENS: None. There being no further business, the Vice-Mayor declared the meeting adjourned at 7:15 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Linda F. Wyatt Vice-Mayor 43 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 August 17, 1998 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se F!ECEiV ~: ~ CITY ........ "~i~}~ '98 /~,!;B 12 P.3:42 August 17, 1998 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss acquisition of real property for public purpose, specifically property to be used as a City park, pursuant to Section 2.1-344(A) (3), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:afm cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Kit B. Kiser, Director of Utilities & Operations Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk August 19, 1998 8andra H. Eakin r~puty c~ Cbrk File #106-322 The Honorable Sherman A. Holland Commissioner of the Revenue 215 Church Avenue, S.W. · ' Roanoke, Virginia 24011 Dear Mr. Holland: Your communication with regard to a request of Enterprise Rent-A-Car for relief from the wholesale business license requirement was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. On motion, duly seconded and unanimously adopted, the communication was received and filed. Sincerely, Mary F. Parker CMC/AAE City Clerk MFP:jms pc: Melanie J. Logan, Controller, Enterprise Rent-A-Car, 1603 Williamson Road, N. W., Roanoke, Virginia 24012 Wilbum C. Dibling, Jr., City Attorney N:~C.,KL.OI~AGENDAB~AUG 17C.WPD (.:IT Y C L E~:~i"i ~/'~ffy OF ROANOKE SHERMAN A. HOLLAND '98 AUf$11 P 3:44 Commlg oner G~GORY S. E~ON The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Enterprise Rent-A-Car/Wholesale Merchant Dear Mayor Bowers and Council Members: I am writing this letter in response to Ms. Melanie Logan's request that Enterprise Rent-A- Car be granted relief from the wholesale business license requirement through an exemption. The concerns addressed have been reviewed as requested. Enterprise Rent-A-Car is in fact engaged in two different businesses. One is the rental of vehicles and the other is the wholesale sales of their vehicles. Accordingly, pursuant to sedionl 9-9 of the Code of the City of Roanoke (1979) as amended, a separate business license is needed. The State Code, the City of Roanoke Code, and the BPOL Guidelines as set forth by the Virginia Department of Taxation are clear concerning the licensing requirement for such wholesale activity as conducted by Enterprise Rent-A-Car. Additional research conducted on our other business license accounts in the City of Roanoke and information provided by other jurisdictions within the Commonwealth of Virginia have made it conclusive that such an exemption would not be in accordance with current business license tax applications. The wholesale license on Enterprise Rent-A-Car was properly levied, and this office can not grant an exemption and remain in compliance with existing law. I hope that this letter addresses the concerns on this matter. Please do not hesitate to contact me if I may be of further assistance. Sincerely, Commissioner of the Revenue cc: Melanie J. Logan, Controller, Enterprise Rent-A-Car Wilburn C. Dibling, Jr., City Attorney 215 Church Avenue SW, Room 251 * Roanoke, Virginia 24011 Phone (540)853-2521 . Fax (540)853-1115 * www. ci. roanoke, va. us Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk August19,1998 File #15-110-318 Sandra H. Eakin Deputy C~y Ck, rk Glenn D. Radcliffe, Chairman Human Services Committee 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Radcliffe: This is to advise you that on August 11, 1998, Raleigh Campbell qualified as a member of the Human Services Committee for a term ending June 30, 1999. Sincerely, ry . Parker, CMC/AAE City Clerk MFP:jms pc: Glenna O. Ratcliffe, Secretary, Human Services Committee N:~Cl~.OI ~AGENDA96~UG17C.WPD '98 At!r~ 11 P 3:39 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Raleigh Campbell, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term ending June 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 H:~,GENDA98~UG3.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 August 19, 1998 File #15-110-184-202 SANDRA H. EAKIN Deputy City Clerk Kenneth S. Cronin, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Mr. Cronin: This is to advise you that on July 30, 1998, Stephen L. Jamison qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:jms C:~AUG17C.~=D RECE~V£9, (.;ITY C,!.ER'iS 7, '98 JUL 30 P3:48 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stephen L. Jamison, 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 Personnel and Employment Practices Commission for a term of three years ending June 30, 2001, according to the best of my ability. So help me God. Subscribed to and sworn to before me thi~~ ~~ , 1998. ARTHUR B. CRUSH, III, CLERK 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 August 19, 1998 File #15-110-192 SANDRA H. EAKIN Deputy City Clerk James W. Stephens, Chair Roanoke Civic Center Commission 3450 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Stephens: This is to advise you that on July 31, 1998, Sandra W. Ryals qualified as a member of the Roanoke Civic Center Commission for a term ending September 30, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:jms pc: Vivian D. Nelson, Secretary, Roanoke Civic Center Commission C:~.UG17C,WPO '98 JUt. 31 P 3:10 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sandra W. Ryals, 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 Civic Center Commission for a term ending September 30, '1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this~.~,~ 1998.~ ARTHUR B. CRUSH, III, CLERK H:~AGENDA98~JULYS.WPD Mary F. Parker, CMC/AAE C~y Clerk CI T Y 0 F ROANOKE Office of the City Clerk August 19, 1998 File #15-110-318 8andre H. Eakin Deputy city C~erk Glenna O. Ratcliffe, Secretary Human Services Committee Roanoke, Virginia 24011 Dear Ms. Ratcliffe: This is to advise you that on August 3, 1998, Glenn D. Radcliffe qualified as a member of the Human Services Committee for a term ending June 30, 1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:jms Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Glenn D. Radcliffe, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee for a term ending June 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this ,~ day of~'~/7-C//-. ~ / - 1998. ARTHUR B. CRUSH, III, CLERK , DL~TY CLERK H:~AGENDAgS~ULY6,WPD MARY E PARKER, CMC/AAE Ci~ 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 August 19, 1998 File #15-110-305 SANDRA H. EAKIN Deputy City Clerk John M. Chambliss, Jr., Chairman Roanoke Valley Juvenile Detention Center Commission Assistant County Administrator County of Roanoke Post Office Box 29800 Roanoke, Virginia 24018 Dear Mr. Chambliss: This is to advise you that on August 3, 1998, Glenn D. Radcliffe qualified as an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:jms N:~...,KLOI~AGEND,~AUG17C.~O Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Glenn D. Radcliffe, do solemnly swear (or affirm) that I will supp .(~_ the;i Constitubon of the Un~ted States of America and the Consbtubon of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as an Ex-Officio member of the Roanoke Valley Juvenile Detention Center Commission 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 /~-~. 1998. ARTHUR B. CRUSH, III, CLERK , ~ CLERK N:~CKLOI~AGENDAg~JULY6,WPD RECEI\,,EF: CITY CL!;F, it:i (i~;:¢:! '98 AILS;-7 Al1:17 August 17, 1998 Honorable Mayor and Members of City Council Roanoke, VA bear Council Members: Please schedule a public hearing for Monday, 5eptember 8, 1998, at 2:00 PM to discuss the recommendations made by the Office of Economic Development for proposed boundary amendments to Enterprise Zone Two. Sincerely, W. Robert Herbert City Manager If City Council meeting City of Roanoke, Virginia Monday, August 17, 1998 Good afternoon Mayor Bowers, Members of Council, City Manager Herbert. Thank you for allotting the History Museum and Historical Society time on Council's busy agenda so that I might provide you with the following invitation. On Friday, September 11, 1998 at 12:00 noon, in the foyer of the City's own Commonwealth Building, a memorial plaque and photo gallery of legislators who have served the City of Roanoke, along with three Governors intrinsically connected with our community will be dedicated. Working in close cooperation with the City Manager and staff, volunteers with the Society have spent hundreds of hours: researching accurate biographical information and periods of service, tracking down remaining family members and descendants, obtaining appropriate photographs acceptable to all parties, obtaining the plaque and framing the photographs in uniform sizes to archival standards, and of course raising the funds thereby needed. With equal diligence, the City has prepared the space, a small, but pleasantly open alcove off the lobby, and assisted with the dedication program. We are particularly indebted to the services of Mr. William Clark, Mr. Charles Anderson, Ms. Pat Rolley, Ms. Angelita Plemmer, and Ms. Melinda Mayo. Just as the City-owned Commonwealth Building's redevelopment was itself an innovation, we believe this gallery is the first such in the state, whereby local individuals who have tirelessly provided service to their community are honored. It is hoped that the project will also result in heightened civic pride, inspire others to serve the community, and provide a means of outreach in developing an increased public interest in local history. It is with that same spirit that the Museum and Society, its members and Board of Directors led by President Paul C. Kuhnel requests Council's presence as we join current and past members of our legislative delegation, family members, and a few past members of the press as we lightheartedly commensurate and honor said past service. The reception is open to the public. Any guests you would like to bring are therefore most welcome. Kent Chrisman, Executive Director The History Museum & Historical Society of Western Virginia seum & storical cie OF NVESTE~I~ilQIi ~12:~'~ Officers Donald E. Dye, Jr. President Robert H. Kulp Vice President Wm. C. Stephenson, IV Treasurer Dr. John G. Selby Secretary August 6, 1998 Ms. Mary F. Parker City Clerk Room 456, Municipal Building 215 Church Avenue Roanoke, VA 24011-1536 Board of Directors Sara S. Airheart Willis M. Anderson Paul G. Beers Paul C. Buford, Jr. Sarah C. Clarke William I~L Claytor Ali~n A. Conte Barbara N. Duerk Whitney H. Feldmann Liz F. Frankl F. Ful~n Galer Mary Ann H. Johnson Timothy A. Kelly Paul C. Kuhnel Eric P. Lawson Edwin E. Lunsford Anne Marie McCIoskey J. Donlan Piedmont Virginia T. Shackelford Cranston Williams, Jr. George A. Kegley Permanent Director Clare S. White Permanent Director D. Kent Chrisman Executive Director Dear Ms. Parker, I am writing to request time on your agenda in order to deliver personally to City Council at its meeting on Monday, August 17, 1998 an invitation to appear at the unveiling of a State gallery at the City's own "Commonwealth Building". The Gallery will be comprised of photo-portraits of three Governors of Virginia whose connections to the City of Roanoke were real and significant (Governors Trinkle, Almond and Holton), and twenty-one (21) legislators who have represented the City of Roanoke in the General Assembly since the end of World War II. There will actually be only twenty separate individuals, but twenty-one portraits will be displayed, as Ray Garland represented the City, in different periods, as a Delegate and as a Senator. These portraits measure 22¼ by 26¼ inches for the Governors and 16¼ by 19¼ inches for the Legislators. A separate plaque will list all individuals who served from 1882 forward to 1946, the point at which the photographic portraits start. This Dedicatory Program and unveiling will take place at 12 o'clock noon on Friday, September 11, 1998 in the foyer of the Commonwealth Building. The History Museum and Historical Society of Western Virginia, in close cooperation with the City Manager and his staff, has worked long and hard for over a year in accumulating acceptable photographs of these governmental leaders, as each appeared during their period of service. In addition, biographies of each have been obtained and will be included in abbreviated form in a program to be distributed on the occasion. (over) P.O. Box 1904 · Center In The Square · Roanoke, Virginia 24008 · (540) 342-5770 · Fax (540) 224-1238 Celebrating Forty Years of Preserving Our History Accommodations for this Gallery of State Governmental Leaders from Roanoke in the Commonwealth Building have been made and prepared by City associates under the leadership of Mr. William Clark and Mr. Charles Anderson. The photographs were obtained from Dementi Studio in Richmond and Salem. Their enlargement, framing and installation have been accomplished under the supervision of Mr. John Black and Mr. Dave Ovenshire. The program and refreshments have been arranged by Ms. Pat Rolley of Mr. Clark's office, and Ms. Angelita Y. Plemmer, Public Information Officer and Ms. Melinda Mayo, Public Information Specialist of the City Manager's staff. We believe that this Gallery is a positive and forward step in memorializing these citizens from our area who have represented the interests of our City faithfully with dedication, perseverance and frequently with meaningful accomplishments. We are also unaware of any similar Gallery in existence in the Commonwealth, whereby its local state governmental leaders have been so honored. We hope very much that members of Council will be able to join members of the Museum's family members and the public at large and attend this historic occasion and that I will be given the opportunity to extend this invitation, as well as express our appreciation for the City's cooperation and help, formally and in person. Sincerely, Kent Chrisman Executive Director DKC/bcm cc: Museum and Society's Legislative Gallery Committee: Mr. George Kegley, Chairman Mr. Paul Buford Mr. Paul Beers, Esq. Mary F. Parker, CMC/AAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 19, 1998 File ~60-133-236-502 8andra H. Eakin D. puty cay c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33972-081798 authorizing acceptance of Grant No. 99-E8554VW98 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program 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 Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:jms Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Jill L. Sexton, Victim Witness Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget C:.~AUG17C.WPO IN TI-IE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 17th day of August, 1998. No. 33972-081798. A RESOLUTION authorizing the acceptance of Grant No. 99-E8554VW98 made to the City of Roanoke by the CommonWealth of Virginia Department of Criminal Justice Services for a Victim/Witness Assistance Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No. 99-E8554VW98 in the amount of $87,366 for Fiscal Year 98-99 for a Victim/Witness Assistance Program. 2. The local cash match for Fiscal Year 98-99 shall be in the amount of $25,671. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 99- E8554VW98. 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 Victim/Witness Program as more particularly described in the report attached to the City Manager's report dated August 17, 1998. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~ Cbrk CITY OF R OANOKE Office of the City Clerk August 19, 1998 File ~60-133-236-502 8andra H. Eakin t~puty c~ Ck~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33971-081798 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $113,037.00, in connection with acceptance of a Victim/Witness Assistance Program Grant, in the amount of $87,366.00 and a local cash match of $25,671.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:jms Attachment pc~ The Honorable Donald S. Caldwell, Commonwealth's Attomey W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Jill L. Sexton, Victim Witness Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33971-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3pro~3riations Judicial Administration Victim Witness Assistance FY98-99 (1-15) ....................... $ 542,443 113,037 Revenue Judicial Administration Victim Witness Assistance FY98-99 (16-17) ...................... $ 542,443 113,037 1) Regular Salaries 2) ICMA Retirement 3) ICMA Match 4) FICA 5) Medical Insurance 6) Dental Insurance 7) Disability Insurance 8) Telephone 9) Administrative Supplies 10) Dues and Memberships 11) Training and Development 12) Printing 13) Postage 14) CIS-Personal Computer Rental/Maintenance 15) Management Services 16) State Grant Receipts 17) Local Match (035-026-5122-1002) $ 83,016 (035-026-5122-1115) 7,471 (035-026-5122-1116) 780 (035-026-5122-1120) 6,981 (035-026-5122-1125) 5,112 (035-026-5122-1126) 519 (035-026-5122-1131 ) 209 (035-026-5122-2020) 1,040 (035-026-5122-2030) 1,545 (035-026-5122-2042) 225 (035-026-5122-2044) 3,112 (035-026-5122-2075) 300 (035-026-5122-2160) 1,227 (035-026-5122-7007) (035-026-5122-7015) (035-026-5122-5122) (035-026-5122-5123) 600 900 87,366 25,671 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 17, 1998 98-602 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Victim Witness Assistance Program Grant I concur with the recommendation from the Commonwealth's Attomey with respect to the subject referenced above and recommend that City Council accept the Victim Witness Assistance Program Grant and provide local share funding for the Victim Witness Program. Respectfully submitted, W. Robert Herbert City Manager CC: Assistant City Manager Budget Administrator City Attorney City Clerk Director of Finance August17,1998 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Acceptance of Victim Witness Assistance Program Grant I. Background Victim/VVitness Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. Roanoke City Victim/Witness/Juror Assistance Committee (RCVVVJ) was formed in the fall of 1983, by Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Co Victim/Witness Program was developed and utilized volunteers in the court system to provide services to support the needs of victims and witnesses. The RCVWJ committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year. City Council accepted the start-up grant in September, 1984, and hired a full- time program coordinator in October, 1984. The program has been in continued operation since then. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 2 II. Current Situation The Victim/Witness Assistance Program has been awarded a twelve month $87,366 grant (#99-E8554VW98) for July 1998 through June 1999. A local cash match of $25,671 is requested for a total grant budget of $113,037. The local cash match is equal that of FY 1997-1998. It is included in the adopted budget in the Transfer to Grant Fund Account. The Victim/Witness Program continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. In addition, the Virginia Crime Victim and Witness Rights Act requires the program to contact and provide services to an increased number of victims and witnesses. A summary of FY 94-95, 95-96, 96-97, 97-98 contacts documents the services of the program (see Attachment A). The grant award also includes funding for the second full-time staff member to provide services to victims and witnesses of misdemeanor offenses in the General District Court and appeal cases and certain felony offenses in the General District and Circuit Court. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 3 III. Issues A. Services B. Costs IV. Alternatives City Council accept the Victim/Witness Grant #99-E8554VW98 for $87,366 with Roanoke City paying a total of $25,671 as a local cash match for a total grant of $113,037. 1. Services Present level of services and contacts would be maintained for victims and witnesses in the General District Court. bo Present level of services and contacts would be maintained for victims and witnesses in the Juvenile & Domestic Relations District Court. Present level of services and contacts would be maintained for victims and witnesses in the Circuit Court. 2. Costs Cost to the City for Grant #99-E8554VW98 would be $25,671 as a local cash match. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 4 City Council not accept the Victim/Witness Grant #99-E8554VW98 in the amount of $87,366. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. ao Providing felony and certain misdemeanor victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology, and informing them of their rights under the Virginia Crime Victim and Witness Rights' Act. Notifying victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and part of the criminal justice system. Co Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d° Assisting victims in securing court ordered restitution payments. Providing information on the Virginia Criminal Injuries Compensation Fund and assisting victims in completing the application process. f° Assisting victims in completing forms in order to be notified of a prisoner's custody status while incarcerated in the Roanoke City Jail or within the Department of Corrections. Assisting victims and witnesses in completing request for confidentiality forms. ho Providing referrals to other agencies which can help victims address their non-criminal justice needs. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 5 Accompanying victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. Providing courtroom tours for child victims and adult victims of sexual assault. Interceding with employers and school officials when victims and witnesses have difficulties securing time off. Assisting sexual assault victims in having forensic medical bills paid for by the criminal fund. Assisting probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. Providing short-term counseling and crisis intervention to crime victims and witnesses. Arranging transportation to court for those victims and witnesses who have special needs. Providing public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. 2. Costs of local match would not be incurred. Members of City Council Subject: Acceptance of the Victim Witness Assistance Program Grant Page 6 Recommendations Do Eo City Council concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant #99-E8554VW98 for the Victim/Witness Program in the amount of $87,366, with the City providing a local cash match of $25,671 from the monies provided in the Transfer to Grant Fund Account in the FY 98-99 budget. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #99-E8554VW98. Budget funding in the amount of $113,037 in revenue accounts to be established in the Grant Fund by the Director of Finance. Transfer funding in the amount of $25,671 from account 001-004-9310-9535 (General Fund -Transfer to Grant Fund) to the Grant Fund as the City's local cash match for the Victim/Witness Assistance Program. Appropriate funding in the amount of $113,037 to the expenditure accounts listed in Attachment C. DSC:jls pc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator _~lly~ Donald S. Caldwell ~"' Commonwealth's Attorney o 10. 11. Service Victim Witness Assistance Program Total Victims Contacted Total Witnesses Contacted Case Disposition, Case Status & Advance Notice of Proceedings Intercession with Schools or Employers Crisis Intervention Referral to Criminal Injuries Compensation Fund Restitution Payment Assistance Explanation of Steps in Criminal Justice System and Criminal Justice Process Options Courtroom Tours or Explanations Criminal Justice Process Support Notification Services & Explanation Service Summary FY FY FY FY 94-95 95-96 96-97 97-98 724 581 541 721 570 517 203 108 2,313 2,436 2,457 2,608 12 9 7 2 43 32 39 84 172 150 295 306 815 783 1,213 773 690 559 73 65 727 897 222 249 352 548 $40,123 $57,764 $40,874 $28,453 Regarding Prisoner Custody Status 31 32 12. Protection Services & Explanations 223 500 13. Appeal/Habeas Corpus Services 9 14. Educational Brochures Given 1,885 1,729 1,469 1,123 15. Amount of Restitution Collected $62,299 $62,656 $84,430 $75,464 16. Amount of Crime Compensation Awarded to Victims Statistics listed on this page reflect some of the services being counted by the Victim Witness Program as required by the Department of Criminal Justice Services. ATTACHMENT B LOCAL CASH MATCH GRANT FUND FY 84-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92 FY 92-93 FY 93-94 FY 94-95 FY 95-96 FY 96-97 FY 97-98 FY 98-99 DCJS GRANT $16,202 (100%) $13,772 (71%) $32,550 (84%) $17,225 (64%) $19,048 (57%) $32,250 (62%) $35,619 (64%) $34,787 (64%) $36,706 (63%) $36,798 (65%) $34,021 (58%) $35,910 (58%) $64,328 (71%) $77,015 (75%) $87,366 (77%) LOCAL CASH MATCH $ 5,538 (29%) $ 6,575 (16%) $ 9,916 (36%) $14,514(43%) $20,072 (38%) $20,027 (36%) $20,011 (36%) $21,419(37%) $20,027 (35%) $24,903 (42%) $25,671 (42%) $25,671 (29%) $25,671 (25%) $25,671 (23%) TOTAL $16,202 $19,310 $39,125 $27,141 $33,562 $52,322 $55,961 $54,798 $58,125 $56,825 $58,924 $61,581 $89,999 $102,686 $113,037 Attachment C Program Budget 1002 1115 1116 1120 1125 1126 1131 2020 2030 2042 2044 2075 2160 7007 7015 Total Regular Employee Salaries ICMA Retirement ICMA Match FICA Medical Insurance Dental Insurance Disability Insurance Telephone Administrative Supplies Dues and Memberships Training and Development Printing Postage CIS-Personal Computer Rental/Maintenance Management Services $83,016 $7,471 780 6,981 5,112 519 209 1,040 1,545 225 3,112 300 1,227 600 900 $113,037 Ma~y F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 19, 1998 File ~60-133-236 Sandra H. F. akin ~puty c~ James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33973-081798 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $16,491.00, in connection with cash assets forfeited to the Commonwealth Attorney's Office. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Mary F. Parker, CMCIAAE City Clerk MFP:jms Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33973-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration Forfeited Criminal Assets (1-6) ............................... Revenue Judicial Administration Forfeited Criminal Assets (7) ................................. 1) Administrative Supplies 2) Expendable Equipment 3) Training and Development 4) Other Rental 5) CIS - Personal Computer Rental/Maintenance 6) Furniture and Equipment 7) Forfeited Criminal Assets $ 445,897 86,506 $ 445,897 86,506 (035-026-5140-2030) (035-026-5140-2035) (035-026-5140-2044) (035-026-5140-3075) (035-026-5140-7007) (035-026-5140-9005) (035-035-1234-7107) 3,491 1,500 1,500 5,000 3,000 2,000 16,491 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVCF! C:ITY ~' ~ Roanoke, Virginia August 17, 1998 98-601 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Cash Assets Forfeited to the Roanoke City Office of the Commonwealth's Attorney I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council appropriate funding in connection with forfeited cash assets. Respectfully submitted, W. Robert Herbert City Manager CC: Assistant City Manager Budget Administrator City Attorney City Clerk Director of Finance Roanoke, Virginia August 17, 1998 98-601 The Honorable David A. Bowers, Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office Dear Members of Council: I. Background: no In an effort to better fund law enforcement efforts to fight crime, particularly drug crime, in 1986, the Federal government adopted a system of asset forfeiture whereby forfeited assets, under certain conditions, could be returned to local law enforcement agencies, police and prosecutors, for use in their fight against crime. B o In July, 1991, Virginia asset forfeiture statute, which generally is patterned after the Federal statute, took effect, providing that forfeited criminal assets may be returned to local police and prosecutors for use in the fight against crime. C ° Periodically, assets seized as evidence are ordered forfeited by the local courts to the police or the Office of the Commonwealth's Attorney to be used for criminal law enforcement efforts. D o In August, 1991, a grant fund account for cash assets forfeited to the Office of the Commonwealth's Attorney was established with an appropriation of $25,000. II. Current Situation: A° Since August, 1991, the Office of the Commonwealth's Attorney has expended the $25,000 originally appropriated. Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office August 17, 1998 98-601 Page Two B. Revenues collected through June 30, 1998, for this grant are $86,506 and were recorded in account 035-035- 1234-7107. The current revenue estimate is $70,015. Funding received in excess of the estimated revenue totals $16,491 and needs to be appropriated. C. Funds must be appropriated before they can be expended for law enforcement. III. Issues: A. Need IV. B. Funds Availability Alternatives: ao City Council appropriate assets forfeited to the Office of the Roanoke City Commonwealth's Attorney and appropriate revenue in the amount of $16,491. Need exists to provide additional funds and equipment to enhance criminal investigations. o Funds availability will be controlled by effectiveness of investigations through assets seized and forfeited in joint investigations with federal, state and local agencies. B. City Council not appropriate grant fund proceeds. Mayor and Members of City Council Subject: Cash Assets Forfeited to the Roanoke City Commonwealth Attorney's Office August 17, 1998 Page Three 98-601 o Need for supplemental funds enabling increased effectiveness of investigation and prosecution will not be met. Funds will not be received from the sources enumerated. Recommendation is that Council approve alternative "A" to: A. Appropriate 16,491 to the following grant fund accounts: 1. Administrative Supplies 035-026-5140-2030 $8 491 2. Expendable Equipment (<$500) 035-026-5140-2035 1 500 3. Training & Development 035-026-5140-2044 4. CIS-Prsnl Cmptr Rent/Maint 035-026-5140-7007 5. Expendable Equipment >$500 035-026-5140-9005 Total 1,500 3 000 2,000 $16 491 o Increase the revenue estimate for these grant funds for $16,491. City Attorney Director of Finance Respectfully submitted, Donald S. Caldwell Commonwealth' s Attorney Director of Administration & Public Safety Budget Administrator Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 19, 1998 File f/~0-76-108-133-236 8andra H. F. akin Deputy city Cbrk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33975-081798 authorizing acceptance of funding for the Drug Prosecutor's Office by the Compensation Board of the Commonwealth of Virginia and authorizing acceptance, execution and filing of all appropriate documents to obtain such funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:jms Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget C:~AUG17C,WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& '~ The 17th day of August, 1998. No. 33975-081798. A RESOLUTION authorizing the acceptance of funding for the drug prosecutor's office by the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of all appropriate documents to obtain such funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the funding for the drug prosecutor's office in the total amount of $88,149.00 from the Compensation Board of the Commonwealth of Virginia for the period of July 1, 1998, through June 30, 1999. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such funding. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing funding or with such project. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y Ck, rk CITY OF ROANOKE Office of the City Clerk August 19, 1998 File ~60-76-108-133-236 8andra H. Ealdn ~puty c~y James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33974-081798 amending and reordaining certain sections of the 1998-99 General and Grant Funds Appropriations, providing for appropriation of $102,955.00, in connection with acceptance of funding, in the amount of $88,149.00 from the Compensation Board and $14,806.00 in local funds, for the Drug Prosecutor's Office. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:jms Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget C:~UG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33974-081798. AN ORDINANCE to amend and reordain certain sections of the 1998_99 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Contingency (1) .............................................. Transfers to Other Funds (2) ..................................... Grant Fund Appropriations Judicial Administration Regional Drug Prosecutor - FY99 (3-16) ........................... Revenue Judicial Administration Regional Drug Prosecutor - FY99 (17) ............................. Local Match (18) .............................................. 1) Contingency (001-002-9410-2199) $ (14,806) 2) Transfer to Grant Fund (001-004-9310-9535) 14,806 3) Regular Salaries (035-026-5131-1002) 67,869 $ 59,202,402 361,471 58,362,988 $ 532,361 102,955 $ 532,361 88,149 14,806 4) ICMA- RC Retirement 5) ICMA - RC Match 6) FICA 7) Hospitalization Insurance 8) Dental Insurance 9) Disability Insurance 10) Telephone 11) Administrative Supplies 12) Publications and Subscriptions 13) Dues and Memberships 14) Printing 15) Postage 16) Other Rental 17) Regional Drug Prosecutor-FY99 18) Local Match (035-026-5131-1115) (035-026-5131-1116) (035-026-5131-1120) (035-026-5131-1125) (035-026-5131-1126) (035-026-5131-1131) (035-026-5131-2020) (035-026-5131-2030) (035-026-5131-2040) (035-026-5131-2042) (035-026-5131-2075) ( 035-026-5131-2160) (035-026-5131-3075) (035-026-5131-5131 ) (035-026-5131-5132) $ 6,108 26O 5,679 3,312 340 170 7OO 9,852 250 265 100 125 7,925 88,149 14,806 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '98 ~,!!~ 11 ~!0:12 Roanoke, Virginia August 17, 1998 98-600 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Funding for the Regional Drug Prosecutor I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council accept funding from the Compensation Board and provide local share funding for Regional Drug Prosecutor. Respectfully submitted, W. Robert Herbert City Manager CC: Assistant City Manager Budget Administrator City Attorney City Clerk Director of Finance August 17, 1998 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Acceptance of Funding for Drug Prosecutor Dear Mayor Bowers and Members of City Council: I. Backqround A. Federal funding was made available to the State of Virginia to be used for the development of several Multi- Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. In addition, the Regional Drug Prosecutor has been cross-designated as an Assistant U. S. Attorney. The cross- designation will permit a state prosecutor to make use of the Federal Grand Jury. B. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, an~ the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money to fund a Multi- Jurisdictional Special Drug Prosecutor. C. City Council accepted the Multi-Jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full-time Special Drug Prosecutor was hired in July, 1988. Mayor David A. Bowers Members of City Council Page Two August 17, 1998 II. Current Situation A. April 15, 1994 - The Commonwealth's Attorneys' Services Council notified this office that legislation approved by the General Assembly allowed funds for Drug Prosecutor's Office to be transferred from the Department of Criminal Justice Services and the Commonwealth's Attorneys' Services Council to the Compensation Board. This position is funded separately from the positions in the Commonwealth's Attorney's Office, with its own cost code, budget, and monthly payroll and expense report. B. April 30, 1998 - The Compensation Board approved funds for the Drug Prosecutor's Office for the period July 1, 1998, through June 30, 1999, in the amount of $88,149 for staff salaries and office expenses. The total cost of operating the Drug Prosecutor's Office is $102,955 with a local share cost of $14,806. III. Issues A. Prosecutorial Efforts against Druq Traffickinq. B. Funding. IV. Alternatives A. Accept funding for the Drug Prosecutor's Office from the Compensation Board in the amount of $88,149. 1. Prosecutorial Efforts against Druq Trafficking would be enhanced because of centralization and coordination of efforts and specialized expertise. 2. Fundinq in the amount of $88,149 is available from the Compensation Board. Funding for the local share cost, in the amount of $14,806, is available in account 001-002-9410- 2199 (General Fund Contingency). B. City Council not accept the funding for the Drug Prosecutor positions through the Compensation Board. 1. Prosecutorial Efforts aqainst Drug Trafficking will not be approached as a regional concept. Mayor David A. Bowers Members of City Council Page Three August 17, 1998 Vo 1002 1115 1116 1120 1125 1126 1131 2020 2030 2040 2042 2075 2160 3075 2. Funding would not be an issue. Recommendation A. City Council concur in Alternative "A" and accept funding in the amount of $88,149 from the Compensation Board and the use of $14,806 in local funds for the Drug Prosecutor's Office. B. Authorize the City Manager to sign and execute all appropriate documents to obtain funding for the Drug Prosecutor's Office from the Compensation Board. C. Appropriate funding in the amount of $102,955 to the following Grant Fund expenditure accounts: Account Regular Salaries ICMA-RC Retirement ICMA-RC Match FICA Hospitalization Ins. Dental Insurance Disability Ins. Telephone Administrative Supp. Public. & Subscr. Dues & Membership Printing Postage Other Rental Total Amount 67,869 6,108 260 5,679 3,312 340 170 700 9,852 250 265 100 125 7,925 $102,955 Mayor David A. Bowers Members of City Council Page Four August 17, 1998 D. Establish a revenue estimate in the Grant Fund of $102,955. DSC/msh Respectfully submitted, Donald S. Caldwell ~ Commonwealth' s Attorney cc: City Manager City Attorney Director of Finance Director of Administration & Public Safety '98 /~UG12 P3:42 August17,1998 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: Please reserve space on Council's agenda Monday, August 17, 1998, for a briefing entitled "Citizen's Police Academy". Respectfully submitted, W. Robert Herbert City Manager MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August19,1998 File #1-83-110-305 SANDRA H. EAKIN Deputy City Clerk John M. Chambliss, Jr., Chairperson Roanoke Valley Juvenile Detention Center Commission Post Office Box 29800 Roanoke, Virginia 24018 Dear Mr. Chambliss: I am enclosing copy of Resolution No. 33976-081798 authorizing the Director of Finance to serve as temporary Fiscal Agent, the City Attorney to serve as temporary legal counsel, and the Superintendent of the Detention Center to serve as interim Administrator for the Roanoke Valley Detention Commission. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, ~~)~ Mary F. Parker, CMClAAE City Clerk MFP:jms Enclosure pc: Kenneth M. Miller, Regional Program Manager, State Department of Juvenile Justice, 5427 Peters Creek Road, N. W., Roanoke, Virginia 24019 W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney George C. Snead, Jr., Director, Public Safety Glenn D. Radcliffe, Director, Human Development Jack E. Trent, Superintendent, Roanoke Juvenile Detention Center C:~AUG17C,WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33976-081798. A RESOLUTION authorizing the Director of Finance to serve as the temporary Fiscal Agent, the City Attorney to serve as temporary legal counsel, and the Superintendent of the Detention Center to serve as interim Administrator for the Roanoke Valley Detention Commission. WHEREAS, the Roanoke Valley Detention Commission (Commission) has been established by the Cities of Salem and Roanoke, and the Counties of 13otetourt, Franklin and Roanoke, pursuant to § 16. I-315 of the Code of Virginia (1950), as amended; WHEREAS, § 16.1-3 ! 8 of the Code of Virginia (1950), as amended, provides that the Commission shall have all powers necessary or convenient for carrying out the purposes of Article 13 of Title i 6. i of the Code of Virginia (1950), as amended; WHEREAS, the Commission held its organizational meeting on August 10, 1998, and by motions duly adopted at such meeting, recommended that the City's Director of Finance serve as te,npora,'y Fiscal Agent for the Commission, the City's City Attorney serve as temporary legal counsel, and the Superintendent of the Detention Center serve as interim Administrator; and WHEREAS, this Council is desirous of cooperating with and supporting the Commission as it unde,-takes its critical work; TH EREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I. The Director of Finance is hereby authorized to serve as the temporary Fiscal Agent for the Commission. In such capacity, the Director of Finance shall have charge and custody of all tile Commission's funds and shall invest and deposit them when authorized by tile Commission. 2. The Director of Finance shall keep suitable records of all financial transactions of the Commission and shall at all reasonable times exhibit such records to any member of the Commission or any other person pursuant to the Virginia Freedom of Information Act. 3. The Director of Finance shall produce checks for expenses of the Commission. Such checks shall be created and issued upon the written request of the Commission's bear the mechanical Chairperson or his or her designee in writing. Such checks shall signature of the City Manager and the Director of Finance. 4. The Director of Finance shall have authority to establish a discrete participating account or agency fund within tile City of Roanoke's accounting system and receive such funds of any type which have been designated for the Commission. Funds established in this account shall earn interest based upon the accounts daily cash balance, all in accordance with standard operating and accounting procedures of the City of Roanoke Consolidated Account. 5. Tile Director of Finance shall be authorized to make a periodic statement of receipts and disbursements available to the Chairperson of the Commission or his or her designee upon request to tile Director of Finance. 6. The City Attorney is hereby authorized to serve as the temporary legal counsel until the Commission retains legal counsel and to assist said legal counsel during the transition. 7. The Superintendent of the Juvenile Detention Center is hereby authorized to serve as the interim Administrator for the Commission, providing administrative services until the new facility is placed in service. 8. The City Clerk is directed to forward an attested copy of this Resolution to the Chairperson of the Commission. ATTEST: City Clerk. H: \I~ES\R-FARVDC .~D The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia n~ayOr August 17, 1998 Report No. 98-723 Dear Mayor Bowers and Members of Council: Subject: Request for the City of Roanoke to serve as Temporary Legal Counsel, Fiscal Agent and Administrator for the Roanoke Valley Detention Commission I. BACKGROUND Ao 1998, Virginia General Assembly passed HB 670 changing Section 16.1-318 of the Code of Virginia to include provisions for the Roanoke Valley Detention Commission to serve parts of the Twenty-Second, Twenty-Third and Twenty-fifth Judicial Districts. May 18, 1998, Roanoke City Council approved a resolution authorizing the City's participation in the Roanoke Valley Detention Commission, the sale of the existing Detention'Center with 8.5 acres of land to the commission and authorized the City Manager to execute an agreement ("Service Agreement") with other member jurisdictions. The Roanoke Valley Detention Commission ("Commission"), comprised of the cities of Roanoke and Salem and the counties of Botetourt, Franklin and Roanoke ("Member Jurisdictions"), is responsible for expanding the Detention Center from a twenty-one (21) bed facility to an eighty-one (81) bed facility and operating it upon completion. July 15, 1998, The State Board of Juvenile Justice approved funding in the amount of $4,027,037 for sixty (60) additional beds and twenty one (21) replacement beds for the Commission. II. CURRENT SITUATION August 10, 1998, the Commission held an organizational meeting and recommended that a formal request be made to the City of Roanoke to appoint the City Attorney to serve as temporary legal counsel, the Director of Finance to serve as temporary fiscal agent and the Superintendent of Detention to serve as temporary Administrator for the Commission. The City Attorney shall have the authority to provide legal counsel until the Commission retains legal counsel and to assist during transition. The Director of Finance shall have the authority to serve as fiscal agent and to receive such funds of any type which have been designated for the Commission and provide accounting for such funds. Funds established in this account shall earn interest based upon the accounts average daily balance, all in accordance with the standard operating and accounting procedures of the City of Roanoke Consolidated Account. Eo The City shall have charge and custody of all funds and will make such funds available to the Commission or its designee upon written request from the Chairperson of the Commission. F. The Director of Finance shall produce checks for expenditures of the Commission and shall create such checks only upon the written request of the Chairperson of the Roanoke Valley Detention Commission or his or her designee as appointed in writing. A monthly statement of receipts and disbursements may be made available to the Chairperson of the Commission upon request to the Director of Finance. H. The Superintendent of the Juvenile Detention Center shall have the authority to serve as Administrator for the Commission, providing administrative services until the new facility is placed in service. III. ISSUES A. LEGAL B. FUNDING C. TIMING IV. ALTERNATIVES City Council authorize the City Attorney to serve as temporary legal counsel, the Director of Finance to serve as fiscal agent and the Superintendent of the Detention Center to serve as administrator for the Roanoke Valley Detention Commission respectively. Legal requirements of the Commonwealth of Virginia will be met. Funding from all sources including that which is approved by the Virginia General Assembly and the Department of Juvenile Justice, will be made available to the Commission for the purpose of expanding the Juvenile Detention Center. Timing is cdtical in order for the Commission to be established and to begin its work to expand the regional Juvenile Detention Center. City Council not authorize the City Attorney to serve as temporary legal counsel, the Finance Director to serve as fiscal agent and the Superintendent of the Detention Center to serve as administrator for the Roanoke Valley Detention Commission respectively. 1. Legal requirements of the Commonwealth of Virginia will not be met. Funding that is critical to the expansion and future operation of the regional Juvenile Detention Center will be delayed. Timing will be disrupted for the Commission to establish itself and to begin work on the expansion of the regional Juvenile Detention Center. RECOMMENDATION City Council concur in Alternative A to authorize the City Attorney, the Director of Finance and the Superintendent of the Juvenile Detention Center to serve as temporary legal counsel, fiscal agent and administrator for the Roanoke Valley Detention Commission respectively. Respectfully submitted, W. Robert Herbert City Manager WRH/JET/II Attachment CC: Wilburn Dibling, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance George C. Snead, Director of Public Safety Glenn D. Radcliffe, Director of Human Development Kenneth M. Miller, Regional Program Manager, DJJ Jack E. Trent, Superintendent, Roanoke Juvenile Detention Center John Chambliss, Chairperson, Roanoke Valley Detention Commission Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File ~60-405-468 8andra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33977-081798 amending and reordaining certain sections of the 1998-99 Water Fund Appropriations, providing for appropriation of $136,000.00, in connection with a contract with Whitesell Orrison, Inc., to provide professional services for the Carvins Cove Land Use Study and Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations C:~AUG1 James D. Grisso August 24, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management N:'~CF, LO1 ~AGENDAg6~AUG 17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33977-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 4,077,780 Carvins Cove Land Use Study (1) ............................. 136,000 Retained Eaminqs Retained Earnings (2) ...................................... $ 30,651,836 1) Appropriated from General Revenue (002-056-8354-9003) $ 136,000 2) Retained Earnings (002-3336) (136,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. MaW F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Offica of tha City {:lark August 24, 1998 File ~60-405-468 8andra H. Esl(in Deputy city Cbrk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33978-081798 authorizing a contract between the City of Roanoke and Whitesell Orrison, Inc., in the amount of $119,250.00, to provide professional services for the Carvins Cove Comprehensive Land Use Study and Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Whitesell Ordson, Inc., 315 King George Avenue, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue William F. Clark, Director, Public Works C:',AUG17C.WPO W. Robert Herbert August 24, 1998 Page 2 pc: Kit B. Kiser, Direct(~r, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management N:~C~.O1 ~AGENI::)Ag~UG17C,W~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33978-081798. A RESOLUTION authorizing a contract between the City of Roanoke and Whitesell Orrison, Inc., for the pr0~ision of professional services for the Carvins Cove Comprehensive Land Use Study and Plan. THEREFORE, 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 to execute and attest, respectively, a contract between the City of Roanoke and Whitesell Orrison, Inc., for the provision of professional services' for the Carvins Cove Comprehensive Land Use Study and Plan. 2. The amount of the contract shall be $119,250 and the form of the contract shah be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Cohncil dated August 17, 1998. ATTEST: City Clerk. 17, 1998 Report No. 98-164 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CARVINS COVE LAND USE STUDY CONSULTANT SERVICES CONTRACT .; B~lckground on the subject in chronological order is as follows: City Council directed the City Manager on February 2, 1998, to engage a consultant to conduct a Comprehensive Land Use St'udv of Carvins Cove watershed property. City Council appointed a Citizens Advisory Committee on March 2, 1~)~)1~. This committee has met on several occasions. The Advisory Committee, working with staff, has selected a consultant team to prepare the Carvins Cove Land Use Study. The Citizens Advisory Committee is composed of the following persons: Elizabeth T. Bowles, Chairperson lan Webb M. Rupert Cutler James K. Cowan, Jr. William H. Lamson Wesley Best Chauncey L. Logan C. The consultants ScoPe of work will focus on four ma!or tasks as follows: 1. Inventory of Existing Conditions and Practices Existing land use in Carvins Cove and the two contributing watersheds of Tinker Creek and Catawba Creek Historic and cultural features Collection of environmental data Determination of existing raw water quality Existing regulatory codes and practices Existing recreational practices Public workshop Summary report Honorable Mayor and Members of City Council CARVINS COVE COMPREHENSIVE LAND USE PLAN CONSULTANT SERVICES CONTRACT August 17, 1998 Page 2 2. Assessment of Existing Conditiorl8 Water quality evaluation Wildlife habitat evaluation Forest evaluation Stream channel stability Assess impact of existing/desired land uses on water quality 3. Develop and Evaluate Alternative Land Uses Development of water quality and land use impact parameters to evaluate proposed land use Development of alternative land use plans and assess costs/benefits, implementation strategies Public workshop Management guidelines for proposed recreation Summary report 4. Conclusions and Recommendations Summarize recommended land use and conservation guidelines for the management of the Carvins Cove Watershed Resource Report will include a description of the project, and recommended land use plan with costs/benefits and implementation/management strategies Public workshop The study is expected to take approximately one year to complete. II. Current situation is as follows: A request for consultant oualifications ProPOSalS was advertised in The Washington Post, The Roanoke Tribune and The Roanoke Times on Sunday, March 22, 1998. Bo Proposals were received bv the Manager of Supply Management on Friday. April lQ, 1998. The four firms submitting proposals were: Whitesell Orrison, Inc., Hill Studio, P.C., Leon Younger and PROS, and Dewberry and Davis. Honorable Mayor and Members of City Council CARVINS COVE COMPREHENSIVE LAND USE PLAN CONSULTANT SERVICES CONTRACT August 17, 1998 Page 3 A Consultant Selection Committee. composed of the following persons, reviewed all of the qualification proposals: Molly Rutledge, M.D. Jesse Perdue, Jr. John Coates William Lamson Philip Schirmer Jesse Mayhew Dan Henry Roanoke City Health Department Manager, Roanoke Water Department Manager, Roanoke City Parks and Recreation Department Carvins Cove Ad Hoc Committee Civil Engineer, Roanoke City Engineering Department Office of Water Programs, Virginia Department of Health Urban Forester, Parks and Recreation Department The selection committee interviewed Whitesell Orrison. Inc.. Hill Studio P.C. and Dewberry and Davis on Wednesday, May 6, 1998. The committee selected the firm Whitesell Orrison. Inc., 315 King George Avenue, Roanoke, Virginia, as the best qualified consultant for the proposed work. Whitesell Orrison, Inc. is teamed with Engineering Concepts of Fincastle, Virginia, Team EQR of Gaithersburg, Maryland, and Issues Management Group of Blacksburg, Virginia. III. Issues in order of importance are as follows: A. Timing B. Funding C. Cost IV. Alternatives in order of feasibility are as follows: Authorize the City Manager to execute a contract, in a form approved by the City Attorney, with Whitesell Orrison, Inc., in the amount of $119,250 to provide professional services for the Carvins Cove Land Use Study, and $16,750 for a project contingency. 1. Timing will permit the Carvins Land Use Study to begin. Funding is available in Water Fund Prior Year Retained Earnings to fund the study. 3. Cost of the study is reasonable for the work to be performed. Honorable Mayor and Members of City Council CARVINS COVE COMPREHENSIVE LAND USE PLAN CONSULTANT SERVICES CONTRACT August 17, 1998 Page 4 Bo Do not authorize the City Manager to execute a contract with Whitesell Orrison, Inc. for the Carvins Cove Land Use Study. Timing for completion of the study will be delayed. Fundino will remain available. Cost is not an issue. V. Recommendation is as follows: City Council concur in alternative "A" and take the following action: AvthQrize the City Manager to execute a contract, in a form approved by the City Attorney, with Whitesell Orrison, Inc., in the amount of $119,250 to provide professional services for the Carvins Cove Land Use Study. Appropriate $136.000 from Water Fund Prior Year Retained Earnings to an account to established by the Director of Finance entitled Carvins Cove Land Use Study. Respectfully submitted, .~Rob~rt Herbert City Manager 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, CMC/AAE caycb~ CITY OF ROANOKE Office of the City Clerk August 24, 1998 File ~27-468 8andra H. Eakin Deputy city c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33979-081798 authorizing issuance of Change Order No. 2 to the City's contract with Danis Environmental Industries, Inc., in the amount of $65,782.00, for upgrade and expansion of the Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800, ROanoke, Virginia 24018-0798 C:~AUGtTC.WPO W. Robert Herbert August 24, 1998 Page 2 pc: Gerald A. Burgess, County Administrator, Botetourt County, 1 West Main Street, Box 1, Fincastle, Virginia 24090-2002 William H. Bishop, Grants/Loan Permit Writer, Department of Environmental Quality, 3019 Peters Creek Road, N. W., Roanoke, Virginia 24019 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 Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant N:~CKLOl~AGENOA96~.UG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33979-081798. AN ORDINANCE authorizingthe City Manage~sissuanceofChange O~erNo. 2to Se City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized to execute for and on behalf of the City, upon form approved by the City 'Attorney, Change Order No. 2 to the City's contract with Danis Environmental Industries, Inc., for the upgrade and expansion of the Water Pollution Control Plant, all as more fully set forth in the report to this Council dated August 1 ?, 1998. 2. The Change Order will provide authorization for additions in the work with a net increase in the amount of $65,782 to the original contract dated September 18, 1997, all as set forth in the above report. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 2 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA BID NO. 97-4-54 August 17, 1998 Council Report No. 98-163 II. Background on the subject in chronological order is as follows: Contractor for this project is Danis Environmental Industries, Inc., of Dayton, Ohio. Contract amount awarded b_v City Council on August 4, 1997 was ~ 16.690,000 with a specified time of 7:~0 consecutive calendar days. Change Order No. 1, approved bv City Council on July 6, 1998 was for an addition of $100,513 for a total contract amount of $16,790,513 with no additional construction days. Proiect consists of the Upgrade and Expansion of the Water Pollution Control Plant to 62,000,000 gallons treatment capacity per day, Current situation is as follows: Ap The fQIIQwing additional items have been identified as part of the required work on this project and needs to be approved for payment. Additional crushed stone and excavation for pipe bedding in accordance with "Request for Information" (RFI)* No. 54 paid at unit price. *RFI's are generated when problems are encountered during construction and need to be resolved by the Consultant and the City Engineer. In this case, the soil below the path of the pipe was river silt and needed to be removed and the stone fill placed. The original contract had an allowance of 200 cubic yards of crushed stone fill and this amount has already been used. Add $5,082.00 Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT August 17, 1998 Page 2 Addition of the 6-inch Biological Aeration Filter (BAF) backwash return recycle line in accordance with the Infilco Degremont, Inc. instructions (subcontractor for the BAF). Add $3,632.00 Relocation of the 8-inch coagulated sludge line and the extension of the ductbank between Manhole No. 8 and Manhole No. 0 at the south end of the new gravity thickener. Utilities, when uncovered, were not where they were shown on the 1972 plant expansion drawings. Add $8,477.00 Running Plant Influent Pump Station Ductbank No. 3 overhead from the new switchgear to the existing junction box on the building wall in accordance with RFI No. 38. Add ,444.00 Cleanup of BAF Influent Pump Station excavation after Filter Backwash Holding tanks overflowed. Add Addition of a new breaker, conduit and wire at Panel "FP" in the Effluent Filter for wall heater. Add Additional select fill and excavation of BAF Stage 1, charged at unit price for stone fill (see Item 2 above). $462.00 $682.00 91,941.00 Additional select fill and excavation at Effluent Filter No. 9, charged at unit price (see Item 2 above). 93,150.00 Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT August 17, 1998 Page 3 Provide additional beams for conveyor supports at the Plant Influent Pump Station in accordance with RFI No. 58. Add $1,867.00 10. Additional work required to change the profile of the lO-inch Waste Activated Sludge line in accordance with RFI No. 68. Add $10,864.00 11. Move plant emergency generator due to conflict with new influent pump station. Two moves are required; temporary move immediately and permanent move when influent pump station is completed. Add $18,181.00 12. Addition of 7 calendar days due to all the rain days in January, February and March. Notice to proceed was for October 29, 1997 with 730 consecutive calendar days construction. With the addition of the seven days requested, the completion date will be November 5, 1999. Total amount of Chanoe Order No. 2 is $65,782. Malcolm Pirnie, Inc. and Mattern & Craig, Inc. have reviewed these changes recommended them to the City of Roanoke for payment. and have III. IV. Issues in order of importance are as follows: A. Engineering concerns. B. Funding. C. Time of completion. Alternatives in order of feasibility are as follows: A. Approve the issuance of Change Order No. 2 to the contract with Danis Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT August 17, 1998 Page 4 Mo Bo Environmental Industries, Inc. in the amount of $65,782 and 7 consecutive calendar days additional contract time. Engineering concerns as previously described would be met in a timely manner. Funding is available in Account Number 003-056-8475-9065 in the amount of $65,782 due to budgeting for contingency in Budget Ordinance 33539-080497. o Time of comoletion would be extended by 7 calendar days. Completion date would become November 5, 1999. Re!ect the issuance of Change Order No. 2. Engineerina concerns would not be met in a timely manner. Funding of the contract amount would not change. Time of comoletion would not be extended. Recommendation is as follows: City Council concur in alternative "A" and take the following: A. Authorize the Citv Manager to issue Change Order No. 2 to Denis Environmental Industries, Inc. in the amount of $65,782 and an additional 7 consecutive (;alendar days construction time. The total contract amount would then be $16,856,295 and 7:37 consecutive calendar days. Proportional share to each !urisdiction would be as follows: City of Roanoke (37.3%) County of Roanoke (29.2%) City of Salem (20.9%) Botetourt County (7.0%) Town of Vinton (5.6%) Total of Change Order No. 2 924,536.69 19,208.34 13,748.44 4,604.74 3,683.79 965,782.00 Honorable Mayor and Members of City Council CHANGE ORDER NO. 2 UPGRADE AND EXPANSION WATER POLLUTION CONTROL PLANT August 17, 1998 Page § Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Attachments cc: City Attorney City Clerk ,,/'Director of Finance J Director of Public Works jDirector of Utilities & Operations JAssistant to City Manager for Community Relations /'City Engineer -/Construction Cost Technician J Accountant, Contracts and Fixed Assets Budget Administrator ~'~' Manager, Office of Supply Management ~/-Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt Bill Bishop, Department of Environmental Quality Mary F. Parker, CMC/AAE City Ck~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File ~60-188-236 ~ndm H. E~kin Deputy cay Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33981-081798 authorizing acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team, in the amount of $15,000.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire-EMS Winston V. Simmons, Deputy Chief, Training and Support C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33981-081798. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such a grant. 1. The City of Roanoke hereby accepts the Hazardous Materials Regional Response Team grant in the total amount of $15,000.00 from the Virginia Department of Emergency Services for training and the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant, such documents to be approved as to form by the City Attorney, as set forth in the City Manager's report dated August 17, 1998. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: H:\RES',R-V'DESg%WPD City Clerk. Ma~y F. Parker, CMC/AAE Cay C~,rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File f~60-188-236 8andra H. Ealdn r~pUtg'c~ C~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33980-081798 amending and reordaining certain sections of the 1998-99 Grant Fund Appropriations, providing for appropriation of $15,0(X).00, in connection with acceptance of the Hazardous Materials Regional Response Team Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire-EMS Winston V. Simmons, Deputy Chief, Training and Support C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33980-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund ApPropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADPrODdafion,- Public Safety Hazardous Materials Response Team (1-2) ....................... Revenues $1,505,954 15,000 Public Safety Hazardous Materials Response Team (3) 1) Expendable Equipment (035-050-3221.2035) $ 11,300 2) Training and Development (035-050-3221-2044) 3,700 3) State Grant Receipts (035-050-3221-7067) 15,000 $1,505,954 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. (:ITY CLE,:" ? '!!:F .... :' '98 /~!.,i~_;-7 /~1t :17 August 17, 1998 Report # 98-413 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Roanoke Fire-EMS Department Hazardous Material Regional Response Team Grant I. BACKGROUND July 6, 1998, City Council authorized the City Manager to enter into an agreement to participate in a Level III Regional Response Team. July 13, 1998, the City manager and the State Coordinator of Emergency Services entered into this agreement which is effective until June 30, 2000 unless terminated upon thirty (30) days written notice by either party. Ce According to the proposed agreement the City of Roanoke, as well as all localities who participate in a regional response team, will receive "pass-through funding" from Virginia Department of Emergency Services (VDES) to assist with the purchase of equipment and to attend training programs needed to comply with mandates set by Federal OSHA and Virginia Department of Emergency Services (VDES). Equipment needs range from a $4000.00 encapsulated suit to a $1,650 supplied air breathing apparatus. (A firefighter "dressed out" in Level III protection will have approximately $10,000 worth of equipment, tools and clothing and will have completed 200 hours of certified training). Training needs have been identified to be Level IH recertification for eleven specialists. Pass through funding totaling $15,000 has been received from VDES by the City of Roanoke as of this report and deposited in revenue account 035-050-3221-7067. II. CURRENT SITUATION The City of Roanoke and the City of Salem will coordinate purchase of e~~ for the Hazardous Materials Regional Response Team in order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased. Training classes are coordinated Honorable Mayor and City Council August 17, 1998 Page 2 through hazardous material officers for respective jurisdictions and in conjunction with VDES. IH. ISSUES, IN ORDER OF IMPORTANCE A. Public Safety B. Eq~pmem Nee~ C. Training Needs D. Funding IV. ALTERNATIVES IN ORDER OF FEASIBHJTY Ae City Council accept the Hazardous Regional Response Team Grant in the amount of $15,000 for the purpose of funding specialized requirements for the Hazardous Materials Regional Response Team and authorize execution of grant agreement between VI}ES and the City of Roanoke, with said agreement to be approved as to form by the City Attorney. Public Safety - Level HI Regional Response Team improves public safety and the concept could not be implemented without state funds. e Equipment Needs - This funding shall be used to purchase two (2) encapsulated suits ($8,000), and two (2) 60 minute breathing apparatus ($3300.00). e Training Needs - This funding shall be used to send two (2) firefighters to an eighty (80) hour chemi~ry certification course ($1,000), four (4) firefighters to a forty (40) hour advance spill control certification course ($700), and five (5) firefighters to an annual hazardous materials conference ($2,000). Be City Council not accept the Haz_a_rdous Material Regional Response Team Grant in the amount of $15,000 to maintain specialized requirements for the Hazardous Materials Regional Response Team. 1. Public Safety would not be improved. Honorable Mayor and City Council August 17, 1998 Page 3 e E0uipment. Necessary equipment will not be purchased for response to Level HI hazardous materials incidents. Training. Regional training will not be maintained and, therefore, federal and state mandates not met. Funding in the amount of $15,000 will be returned to the Treasurer, State Department of Emergency Services and request that future funding not be appropriated. RECOMMENDATION City Council approve "Alternative A" and accept the Hazardous Materials Regional Response Team Grant in the amount of $15,000 and authorize execution of grant agreement between VDES and the City of Roanoke, with said agreement to be approved as to form by City Attorney. City Council appropriate $15,000 as follows' $11,300 to Other Equipment and $3700 to Training and Development under the Hazardous Materials Response Team Grant (Account Numbers 035-050-3221-2035, and 035-050-3221-2044) and increase the revenue estimate by $15,000. WRH/wvs Director of Finance City Attorney Director of Public Safety Fire-EMS Chief Deputy Chief, Support Respectfully submitted, City Manager Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #226 8andra H. Eakin O.p.ty c~ Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33982-081798 authorizing the City Manager to enter into a contract with Total Action Against Poverty (TAP), to provide certain program services for the City, subject to program funding, as more particularly set forth in a report of the City Manager under date of August 17, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, 145 Campbell Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Diane S. Akers, Budget Administrator, Office of Management and Budget C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33982-081798. A RESOLUTION authorizing the City Manager to enter into a contract with Total Action Against Poverty (TAP), to provide certain program services for the City, upon certain terms and conditions. BE IT RESOLVED by the Council for the City of Roanoke that the City Manager or his designee, and the City Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, a contract with Total Action Against Poverty (TAP), subject to program funding, in order to provide certain program services for the City, as more particularly set forth in the report and attachments to this Council dated August 17, 1998. ATTEST: City Clerk. tI:\RE.~R-TAPOR.wl~ Council Report #98-721 The Honorable Mayor David A. Bowers and Members of City Council Roanoke, VA SUBJECT: Contract for Services with Total Action Against Poverty, Inc. Dear Mayor Bowers and Members of Council: II. Background on the subject in chronological order is as follows: ao Total Action Against Poverty (TAP) has been receiving funding from the City of Roanoke since 1974. Until Fiscal Year 1986-87, funding for the agency was included in the annual recommendation to Council by the Citizens Services Committee. o In 1987, TAP was removed from the Citizens Services Committee category and began submitting its budget request to the City Manager, for recommendation to City Council o During Fiscal Year 1995-96, City Council approved the reformatting of the Citizens Services Committee into two committees, to review funding requests from cultural and human service agencies. Current situation is as follows: no The Director of Human Development and TAP met to develop proposed program services to be provided by TAP on behalf of the city. Proqram Services to be provided by TAP include the following categories: Food and Nutrition Community Development Education and Employment Transitional Living Center Offender Services Women's Resource Center These services, with the exception of the Women's Resource Center, have been previously provided by TAP through an appropriation from the city of Roanoke. The Honorable Mayor and Members of City Council Page 2 August 17, 1998 C o The Director of Human Development and TAP developed performance measures for the goals and objectives of the proposed services included in the contract. This information is included as Attachment A to the report. Do Performance measures will be evaluated to assure the delivery of services to Roanoke City citizens on a monthly, quarterly, or annual basis depending on the particular activity. E o TAP provides direct services for the city of Roanoke. The proposed contract with TAP will provide for a definitive level of specified, measurable services. Further, it will provide for performance measures and monitoring for contract compliance. This budgeted item is now included in the Human Development support category in the Fiscal Year 1997-98 recommended budget. F o TAP shall indemnify and hold harmless the city against any costs that may arise out of or result from TAP's providing the services under this agreement. III. ISSUES, in order of importance are as follows: A. Services to be provided by TAP to Roanoke City Citizens B. Fundinq C. Timinq IV. Alternatives in order of feasibility are as follows: ao City Council authorize the City Manaqer or his desiqnee to contract with TAP to provide the services as described in the contract and Attachment A. Services to be provided by TAP to Roanoke City Citizens have been reviewed to ensure that duplication of programs provided by city departments does not occur. o Fundinq for the agency, in the amount of $219,684 has been included in the Fiscal Year 1998-99 adopted budget in General Fund account numbers 001-054-5230-3700 and 001-054-5230-3715. The Honorable Mayor and Members of City Council Page 3 August 17, 1998 o Timing is important, so that services may continue. o City Council not authorize the City Manaqer or his desiqnee to contract with TAP to provide the services as described in the contract and Attachment A. Services to Roanoke City citizens would need to be provided by either the City of Roanoke or other agencies. 2. Funding would remain available. Timing is important, since the services could be delayed or disrupted if the contract with TAP was not approved. V. Recommendation is as follows: City Council concur in Alternative A and authorize the City Manager or his designee to contract with TAP to provide the services as described in the contract and Attachment A. Respectfully submitted, W. Robert Herbert City Manager WRH:gr Attachments cc: Wilburn C. Dibling, City Attorney Mary Parker, City Clerk James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development Diane Akers, Budget Administrator Theodore J. Edlich, III, Executive Director, Total Action Against Poverty Exhibit A 1998-99 TOTAL ACTION AGAINST POVERTY PROGRAMS IN ROANOKE CITY I. FOOD AND NUTRITION GOAL I. To serve as a warehouse and clearinghouse to solicit, receive, safely store and redistribute food. OBJECTIVES: A. FOOD DONORS - To obtain at least 7 new food donors. FOOD DONATIONS - To continue the contractual agreement with the VA Dept. of Agriculture to handle and distribute USDA commodities through member agencies. To increase total food dc,:~:,ions by 5%. INVENTORY - Maintain inventory records on 4.2 million pounds of incoming food and regulate the distribution of that food; network with the Second Harvest Foodbanking Network. COMPLIANCE INSPECTIONS - Participate in 6 on-site inspections and submit 12 monthly reports in compliance with applicable local Health Department, Second Harvest and Department of Health and Human Services standards and codes. TRANSPORTATION - Maintain an economic transportation network with six other Virginia foodbanks and the District of Columbia foodbank for transporting 4.2 million pounds of donated products into the Roanoke Valley. GOAL II: To provide donated food to legitimate, qualified, non-profit charitable organizations to feed tk: poor elderly, ill and children. To meet mass emergency needs when they arise. OBJECTD:ES: A. FO©D AVAILABILITY - Increase the amount and diversity of foods available to Foodbank member agencies and recruit new member agencies. Identify and obtain edible food that is currently destroyed so that it can be recycled to feed the hungry. DISTRIBUTION - Distribute 525,000 pounds of food in the Roanoke City area and provide 350,000 meals. SEMINARS - Conduct 3 seminars on foodbanking to facilitate an increase in agency and public awareness. To provide 4 nutritional, educational and consumer advocacy workshops in partnership with the Virginia Cooperative Extension to 250 clients through Roanoke City member agencies. PREPARED FOOD PROGRAM - To continue development of prepared foods program to distribute 77,0000 pounds of food or 51,300 meal supplements to low-income or other needy recipiems. II. COMMUNITY DEVELOPMENT GOAL I: In conjunction with appropriate City Departments assist low income neighborhood groups in diagnosing their needs, setting goals, developing and implementing action plans. OBJECTIVES: A. To assist the Loudon Melrose Organization in completing their housing inventory, gaining access to abandoned property and vacant lots, developing a homeowners organization and new housing options for its residents. Bo To complete the housing inventory process in the Hurt Park and Gainsboro neighborhoods. GOAL II: To provide support for and assistance to Community Organizations that serve minority and low-income residents, on critical issues affecting their lives, including organizing, development and fund- raisin~ act?Tities.. OBJECTIVES: A. To coordinate and deliver 10 community education workshops in low income communities on topics agreed upon by the Roanoke City Department of Human Development. Bo To work with fraternities, sororities, churches, and community organizations to support strong role models for minority and low-income youth. Co To provide technical assistance to neighborhood groups and Associations including: Board recruitment, development and maintenance. To assist other organizations as asked. Do To involve inner city neighborhood organizations in the promotion of Blue Ridge Housing and Development Corporation and Home Buyers Club. GOAL III: To provide referrals for low income citizens who are in need. OB JEt; I'IYE: A. To act as a referral agency in emergency or crisis situations for 100 Roanoke City residents. III. EDUCATION AND EMPLOYMENT GOAL I: To provide a range of educational and training activities designed to improve academic achievement levels and to develop employment skills of low-income clients. OBJECTIVES: A. To serve 25 disadvantaged youth by assisting them in completing their secondary education or obtaining their GED certificate; to provide tutorial remedial education, job training/placement services. B° To conduct Adult Basic Education classes for 15 Roanoke City adults who do not have a high school diploma. C. To provide literacy tutorials to 10 Roanoke City residents. GOAL II: To provide job skills training and support services in order to assist low-income adults in maintaining meaningful employment or successful training in the operation and maintenance of micro- business ventures. OBJECTIVES: A. To provide a 3-6 month training course for 10 Roanoke City residents in data entry, word processing and PC operation; accounting, business math, business English, typing and office procedures. To provide training in developing, maintaining and capitalizing micro business ventures to 40 Roanoke City residents. To provide business start-up micro loans to 10 residents. To provide job development and placement services, providing 25 Roanoke City residents "hands-on" training specifically tailored to employer needs. IV. TRANSITIONAL LIVING CENTER GOAL I: To reduce the number of homeless persons in the City of Roanoke by providing comprehensive emergenc3 .tild transitional housing services designed to assist participants in developing stable life styles, stable income and independent living skills. OBJECTIVES: A. EMERGENCY SHELTER - Provide 24 hour daily shelter, food; clothing and supportive services (Case management, employment counseling) for up to 60 days to 80 homeless persons not served adequately by other homeless programs in the City. TRANSITIONAL HOUSING - Provide long-term temporary housing, case management, counseling and life-skills training for 100 homeless Roanoke City participants. PLACEMENT IN PERMANENT HOUSING - Assist 55 Transitional Living Center residents in locating, assessing, accessing and moving into safe, affordable permanent housing. GOAI II' To reduce the number of Roanoke City homeless by providing opportunities to develop and/or increase income. OBJECTIVES: A. JOB DEVELOPMENT AND PLACEMENT SERVICES - Provide job placement services to 100 Transitional Living Center employable residents with 80% of participants or 80 adults obtaining unsubsidized employment. Bo JOB COUNSELING - Provide job counseling services, (career planning and job readiness activities) to 30 adult chronic unemployed participants, with 50% (15 persons) obtaining employment. GOAL III: To prevent transitioned TLC participants t~om becoming homeless again. OBJECTIVE: A. CASE MANAGEMENT SERVICES - To provide case management, follow-up services for a period of 6-12 months, as needed, for 55 Roanoke City TLC participants transitioned to permanent housing. V. OFFENDER SERVICES GOAL I: 'Fo assist in the successful transition and re-entry of state ex-offenders returning to Roanoke City. OBJECTIVES: A. PRE-RELEASE TRAINING - To prepare inmates (within 6 months of release) for a successful re-entry. ASSESSMENT SERVICES - To provide individual needs assessment services to 125 returning Roanoke city ex-offenders (basic needs re: employment, housing, clothing, transportation, food and referrals, etc.) EMPLOYMENT COUNSELING AND PLACEMENT - Provide employment and career counseling to 100 participants, with 75% employment placement rate. To provide opportunities for job-related information to 100 participants through Job Club activities. COUNSELING - Provide one-on-one and family counseling to 80 ex-offenders and their family mc tubers. TRANSPORTATION - Provide transportation for job interviews, job placement, medical, housing appointments and other appointments for 100 participants. BASIC SERVICES/REFERRALS - Provide emergency food, clothing and housing as necessary. Provide medical, housing, financial, and other human and social services referrals for 135 Roanoke City participants. G. SUPPORT GROUPS - Provide support group and peer counseling to 100 participants. GOAL II: To assist in the successful transition and re-entry of local, short-term Roanoke City ex- offenders. OBJECTDfES: A. ASSESSMENT (JAIL) - To assess inmates upon request from jail counselor for one-on-one counseling for a successful re-entry. ASSESSMENT SERVICES - Provide individual needs assessment services to 50 Roanoke City participants. EMPLOYMENT COUNSELING AND PLACEMENT - Provide employment counseling and job placement assistance to 25 participants. D. COUNSELING - Provide individual counseling to 10 participants. E. TRANSPORTATION - Provide transportation to employment interviews for 25 participants. BASIC SERVICES/REFERRALS - Provide emergency food, clothing and housing as necessary. Provide referrals to other agencies for 50 participants. G. SUPPORT GROUPS - Provide support group and peer counseling services to 50 participants. VI. WOMEN'S RESOURCE CENTER GOAL I: To provide oppommity and support to abused women, enabling them to end or correct abusive relationships and develop healthy lifestyles. To insure the confidentiality standards of the Women's Resource Center and to provide safety for clients and their children, no names or other identifying data will be provided on WRC clients. OBJECTIVES: A. Complete needs/strengths assessments on 100 new clients. Provide comprehensive crisis intervention services to 75 women and children needing emergency care. Provide case management services (counseling, planning, coordination, employment skills, referrals, etc.) to 60 abused women and their children. Provide education and supportive services to 20 abuse victims who are not yet ready or willing to end abusive relationships. V. SINGLE ROOM OCCUPANCY PROGRAM GOAL I. To provide low-income single adults (no children, no pets) with affordable housing in a neighborhood environment. OBJECTIVES: A. Provide SRO housing to 40 low-income Roanoke Residents. Exhibit B Performance Measures for Proposed Programs Provided by TAP for the City of Roanoke July 1, 1997- June 30, 1998 The performance measures described in this document are aligned with the goals and objectives for the proposed 1997-98 TAP Programs in Roanoke City. I. Food and Nutrition: GOAL 1: To serve as a warehouse and clearinghouse to solicit, receive, safely store; and redistribute food. OBJECTIVES: A. TAP will provide the names of new food donors. Bo TAP will provide donation data from 1996-97 to be compared with 1997-98 to provide documentation of an increase of 5% in total donations. TAP will provide information and/or records that details the amount of food received to reach 4.2 million pounds. D. TAP will provide copies of the reports of site inspections as they are completed. TAP will provide records of vehicle mileage and destination and records of the amount of food distributed will be maintained by review by city staff. (Contractor's mileage will not be provided.) GOAL II: To provide donated food to legitimate, qualified, non-profit charitable organizations to feed the poor, elderly, ill, and children. To meet mass emergency needs when they arise. OBJECTIVES: A. Listing of new member agencies will be provided. Copies of information and/or reports detailing the amount and type of food available will be provided by TAP. TAP will provide records of distribution of food in Roanoke and will provide records of meals provided (up to 350,000). Copies of curriculum, agenda, and roster (attendance/sign-up sheet) of persons attending proposed seminars will be submitted by TAP upon completion of the classes/seminars. Any written agreement for provision of services with other agencies will also be provided. D. TAP will provide reports that detail the pounds of food distributed per Roanoke City agency. II. Community Development GOAL 1: Work in conjunction with appropriate neighborhood groups diagnosing their needs, setting goals, developing and implementing action plans. OBJECTIVES: A. TAP will provide a copy of the completed housing inventory. Materials documenting the organizations accessing abandoned property and vacant lots, and information documenting the development of homeowners organizations, and the plan for new housing options for the residents. Bo TAP will provide documentation on the completed housing inventory for the Hurt Park and Gainsboro neighborhoods. GOAL II: To provide support for and assistance to community neighborhood organizations that serve minority and low income residents, or critical issues affecting their lives, including organizing, development, and fund-raising activities. OBJECTIVES: A. TAP will provide copies of the strategic planning curriculum, agenda, roster of participant attendance upon completion of each agreed upon community education workshop and other meetings. Bo TAP will provide agenda(s), dates of meetings, and listing of the fraternities, sororities, churches, and community organizations worked with regarding role modeling for our youth. TAP will provide agenda(s), dates of meetings, and listings of neighborhood groups' and associations' work regarding board recruitment, development, and maintenance. Do TAP will provide materials provided to inner city neighborhoods and dates of meetings regarding promotion of Home Buyers Club. GOAL III: To provide referrals to low-income citizens and organizations who are in need. OBJECTIVES: mo TAP will provide documentation on referrals to 100 Roanoke City residents who are in need of services because of an emergency or crisis. III. Education and Employment: GOAL I: To provide a range of educational and training activities designed to improve academic achievement levels and develop employment skills of low-income clients. OBJECTIVES: A. Attendance reports of youth and reports of completion (GED) on completed secondary education data, work experience placement including employee and total positive termination rates will be provided by TAP upon the completion of each class. Bo Rosters of adult basic education classes and the number of positive completions will be submitted at the end of each class by TAP. Co Roster of attendance, plus information on the number of positive completions will be submitted by TAP. GOAL II: To provide job skills training and support services in order to assist low-income adults in maintaining meaningful employment or successful training in the operation and maintenance of micro- business ventures. OBJECTIVES: A. Attendance records of youth and reports of completion (GED) on completed secondary education data, work experience placement including employee and total positive termination rate will be s submitted by TAP on a quarterly basis. TAP will provide rosters of residents attending training and number of positive completions, number of start-up micro loans and/or number of participants starting businesses or obtaining employment. TAP will provide listing of 30 city residents attending the training program, and the information on specified employer training given. IV. Transitional Living Center: GOAL I: To reduce the number of homeless persons in the City of Roanoke by providing comprehensive, emergency and transitional housing services, designed to assist participants in devel- oping stable life styles, stable incomes, and independent living skills. OBJECTIVES: A. TAP will provide quarterly reports on the number of clients served consistent with the C SBG reporting format. Bo TAP will provide verification of 100 homeless Roanoke City citizens residing at TLC in FY 97- 98, within 30 days of fiscal year end. Co TAP will provide documentation of assistance provided 55 TLC residents to locate, access, and move to safe affordable housing during FY 97-98. TAP will provide quarterly reports on progress of this objective. GOAL II: To reduce the number of Roanoke City homeless by providing opportunities to develop and/or increase income. OBJECTIVES: A. TAP will provide, on a quarterly basis, documentation of 100 adult, employable TLC residents being served during the contract year with 80% obtaining employment and/or increasing income. 100 is annual goal. Bo TAP will provide documentation of job readiness counseling for 30 long-term unemployed participants, and documentation attesting to 50% adult persons obtaining employment. GOAL III: To prevent transitioned TLC participants from becoming homeless again. OBJECTIVE: A. TAP will provide documentation of follow-up case management to prevent transitioned TLC participants from becoming homeless again. Services will be provided for at least 55 clients and a listing of follow-up services provided. V. Offender Services: GOAL I: To assist in the successful transition and re-entry of state ex-offenders returning to Roanoke City. OBJECTIVES: A. TAP will submit records detailing number of inmates served and topics of workshops. B. TAP will provide quarterly records and number of ex-offenders assessed. C. TAP will provide records or rosters of participants counseled with docmnentation of 75% obtaining employment. D. TAP will provide quarterly records/rosters of the number of family counseling sessions provided to ex-offenders and their families. E. TAP will provide quarterly records of trips and destinations for ex-offenders. F. TAP will provide materials/records documenting services/referrals for 135 Roanoke City participants. G. Copies/reports of schedule and attendance sheets will be provided quarterly by TAP. GOAL II. To assist in the successful transition and re-entry of local, short-term Roanoke City ex- offenders. OBJECTIVES: A. TAP will provide quarterly records of the number of ex-offenders assessed. B. TAP will submit records detailing the number of inmates served. C. TAP will provide documentation/rosters of employment counseling sessions and job placement assistance provided to 25 participants. D. TAP will provide quarterly reports of the number of counseling sessions E. TAP will provide records of trips and destinations for ex-offenders quarterly. F. TAP will provide documentation on the emergency food, clothing, and housing provided, and a listing of referrals to other agencies for services for 50 participants. G. Topic/reports of schedule and attendance sheets will be provided by TAP quarterly. VI. Womens' Resource Center: GOAL I. To provide opportunity and support to abused women, enabling them to end or correct abusive relationships and develop healthy lifestyles. To insure the confidentiality standards of the Womens' Resource Center and to provide safety for clients and their children, no names or other identifying data will provided on WRC clients. OBJECTIVES: A. Complete needs/strengths assessments on 100 new clients. B. Provide comprehensive crisis intervention services to 75 women and children needing emergency care. C. Provide case management services (counseling, planning, coordination, employment skills, referrals, etc.) to 60 abused women and their children. D. Provide education and supportive services to 20 abuse victims who are not yet ready or willing to end abusive relationships. VII. Single Room Occupancy Program GOAL I. To provide 40 low-income individuals safe, quality housing in the SRO housing units. OBJECTIVES: A. Provide safe, quality housing to 40 Iow income Roanoke City residents in the SRO housing units. Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File ~60-468 Sandra H. F. akin Deputy city Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33984-081798 ratifying emergency action taken by the City Manager to authorize additional work to be performed on the Carroll Avenue Tank by J & W Sandblasting of North Carolina, Inc., in the amount of $66,000.00; and authorizing issuance of Change Order No. 2 to the City's contract with J & W Sandblasting of North Carolina, Inc., for exterior and interior potable water tank painting of Grandin Court Tanks 1 and 2 and Carroll Avenue Tank. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: Paul Murphy, Project Manager, J & W Sandblasting of North Carolina, Inc., 701 Stevenson Road, New Bern, North Carolina 28562 The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance C:~AUG17C.WI=O W. Robert Herbert August 24, 1998 Page 2 pc: William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Jesse H. Perdue, Jr., Manager, Water Department D. Darwin Roupe, Manager, Supply Management C:~AUG17C.W130 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRG~ The 17th day of August, 1998. No. 33984-081798. AN ORDINANCE ratifying the emergency action taken by the City Manager to authorize additional work to be performed on the Carroll Avenue Tank by $ & W Sandblasting of North Carolina, Inc.; authorizing the City Manager's issuance of Change Order No. 2 to the City's contract with J & W Sandblasting of North Carolina, Inc., for the exterior and interior potable water tank painting of G-randin Court Tanks 1 and 2 and the Carroll Avenue Tank; and providing for an emergency. WHEREAS, Section 41 of the City Charter authorizes the City Manager to make emergency repairs without the necessity of advertising or receiving bids, and such section further requires the City Manager to report the facts and circumstances relating to such purchases to Council at its next regular meeting; and WHEREAS, the City Manager briefed Council at its meeting on August 3, 1998, on the additional repairs needed for the Carroll Avenue Water Tank by letter dated July 29, 1998; and WHEREAS, due to the nature of the emergency and the need for the repairs, J & W Sandblasting of North Carolina, Inc., was authorized to perform the additional repairs, with a price for the change order for the additional work in the amount of $66,000. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Council of the City of Roanoke hereby affirms and ratifies the emergency action taken by the City Manager to approve the additional repairs to be made by $ & W Sandblasting of North Carolina, Inc., to the Carroll Avenue Water Tank, all as more fully described in the report to this CounciI dated August 17, 1998. 2. 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 J & W Sandblasting of North Carolina, Inc., for the exterior and interior potable water tank painting of G-randin Court Tanks 1 and 2 and the Carroll Avenue Tank, all as more fully set forth in the report to this Council dated August 17, 1998. 3. The Change Order will provide authorization for additions in the work with a net increase in the amount of $66,000 to the original contract dated June 15, 1998, all as set forth in the above report. 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 August 24, 1998 File ~60-468 Sandra H. F. akin ~puty c~y C~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33983-081798 amending and reordaining certain sections of the 1998-99 Water Fund Appropriations, providing for appropriation of $66,000.00, in connection with issuance of Change Order No. 2 to the contract with J & W Sandblasting of North Carolina, Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations C:~.UG17C.WI=O James D. Grisso August 24, 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 Jesse H. Perdue, Jr., Manager, Water Department D. Darwin Roupe, Manager, Supply Management N:~CKLO1~AGENDAg6~UG 17C.WPO IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33983-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay $ 4,143,780 Water Tank Painting (1) ..................................... 242,000 Retained Earnin,qs Retained Earnings - Unrestricted (2) ............................. $30,585,836 1) Appropriated from General Revenue (002-056-8388-9003) $ 66,000 2) Retained Earnings (002-3336) (66,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CHANGE ORDER NO. 2 EXTERIOR AND INTERIOR POTABLE WATER TANK PAINTING GRANDIN COURT 1 & 2 AND CARROLL AVENUE TANKS FOR WATER DEPARTMENT ROANOKE, VIRGINIA BID NO. 98-4-50 98-166 Background on the subject in chronological order is as follows: A. Contractor is J & W Sandblasting of North Carolina. Inc. Construction contract amount awarded bv City Council at its meeting on June 15, 1998 is $161,000 with a quoted time of the contract as 105 consecutive calendar days. C. Pro!ect consists of the followin?: Grandin Court Tank is an elevated storage tank of 250,000 gallon capacity. The interior is to be sandblasted from three (3) feet below the roof compression ring up, including all of the roof and its support members, and then painted according to the specifications. The exterior is to be completely painted. Grandin Court Tank 2 is a standpipe of 800,000 gallon capacity. The interior top of the standpipe was specified to be painted around the roof vent for a distance of a 10' diameter. Upon entering the tank, it was determined that spalling of paint had occurred. These places were sandblasted and painted. This work was handled by administrative Change Order No. 1. Carroll Avenue standpipe is a 2,000,000 gallon structure. This project was specified as an exterior paint project only. Once the tank was emptied and examined, it was discovered that the paint on the columns inside the tank had large areas of paint that were peeling off. This must be corrected before these tanks can be put back in operation. In addition, the roof vent (finial) has rusted around the opening until it was unsafe for the painter to hook the supports for his paint scaffolding. This needs to be replaced. Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 EXTERIOR AND INTERIOR POTABLE WATER TANK PAINTING GRANDIN COURT 1 & 2 AND CARROLL AVENUE TANKS FOR WATER DEPARTMENT ROANOKE, VA BID NO. 98-4-50 August 17, 1998 Page 2 II. Current situation is as follows: Carroll Avenue standpipe has been carefully inspected and the extent of the remedial action has been determined. Contractor has orovided the cost estimates for the repair-replacement work required as follows: Interior columns and bases, entire roof surfaces from the level of the overflow up, including all roof support members to be sandblasted to bare metal (as required by AWWA regulations for inside surfaces of potable water tanks). Disinfect in accordance with AWWA regulations. ADD $ 60,000 Remove present roof vent, provide and install new vent (painting with No. 1). ADD $ 6,000 This work has to be done before this storage tank can be returned to service. Total for additional work: $66,000 Since the Contractor was on site and the repair work had to be done before the Carroll Avenue tank could be used, and the cost was competitive, the Contractor was advised to complete the work. III. Issue~ in order of importance are as follows: A. Enaineerin ~a concerns B. Funding Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 EXTERIOR AND INTERIOR POTABLE WATER TANK PAINTING GRANDIN COURT 1 & 2 AND CARROLL AVENUE TANKS FOR WATER DEPARTMENT ROANOKE, VA BID NO. 98-4-50 August 17, 1998 Page 3 C. Time of comDletion. IV. Mo Alternatiw8 in order of feasibility are as follows: AD_Drove and ratify the emeroencv action taken bv the City Manager and authorize the issuance of Change Order No. 2 to the contract with J & W Sandblasting of North Carolina, Inc. in the amount of $66,000.00 and an additional 14 consecutive calendar days construction time. En_oineerina concerns were mbt in a timely manner by the City Manager's action and Council was briefed on this action at the Council meeting on August 3, 1998, by letter dated July 29, 1998. Fundin_a for this action is available through the Water Fund prior year retained earnings. Council authorization is requested at this time to appropriate funding. Time of completion will be the 14 days additional time as described above. B. Reiect the action taken bv the City Manaoer. En~oineering concerns may not be met in a timely fashior~, as outlined in the Council briefing. Contractor would need to be paid for the extra work. 2. Fundina will still be available in prior years' retained earnings. Time of comDletion would still be critical since the tank cannot be put back in service until the work is done. Recommendation is as follows: City Council approve and ratify the emergency action that was taken by the City Manager as explained in the briefing of Council on August 3, 1998. Honorable Mayor and Members of City Council RE: CHANGE ORDER NO. 2 EXTERIOR AND INTERIOR POTABLE WATER TANK PAINTING GRANDIN COURT 1 & 2 AND CARROLL AVENUE TANKS FOR WATER DEPARTMENT ROANOKE, VA BID NO. 98-4-50 August 17, 1998 Page 4 City Council aD~rove and ratify the action taken bv the City Manaoer and authorize the issuance of Change Order No, 2 to J & W Sandblasting of North Carolina. In(;. in the amount of $66,000 and 14 additional consecutive calendar days to complete the work. The total contract amount would then be as follows: Contract Change Order No. 1 (administrative) Change Order No. 2 Total amount $161,000 2,000 66.000 $229,0OO Authorize the a_oDropriation of $66.000 from Water Fund prior years retained earnings to the project account number 002-056-8388-9003 "Water Tank Painting." Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Attachments cc: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Water Department Manager, Office of Supply Management Commissioner of Revenue MaW F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File ~60-236-304 ·andm H. Eakin oepmy c~ c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33986-081798 authorizing acceptance of a grant from the Virginia Department of Juvenile Justice on behalf of the City, in the amount of $38,412.00, to continue coordinated planning and program implementation of the Office on Youth. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Barry L. Key, Manager, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development Marion A. Vaughn-Howard, Youth Planner, Office on Youth C:~,AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33986-081798. A RESOLUTION authorizing acceptance ora grant from the Virginia Department of Juvenile Justice on behalf of the City to continue coordinated planning and program implementation of the Office on Youth, and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant and applicable laws, regulations, and requirements pertaining thereto. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The grant from the Virginia Department of Juvenile Justice, in the amount of $38,412.00, to continue coordinated planning and program implementation of the Office on in the City Manager's report dated August 17, 1998, is hereby Youth, as set forth ACCEPTED. 2. W. Robert Herbert, City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of this grant and to furnish such additional information as may be required in connection with the City's acceptance of the foregoing grant. All documents shall be approved by the City Attorney. ATTEST: City Clerk. II RI{S R-YO[ I~'~a wlnl CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE cay Ck~rk August 24, 1998 File ~/60-236-304 ~ndra H. Eakin oeputy c~ c~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33985-081798 amending and reordaining certain sections of the 1998-99 General and Grant Fund Appropriations, providing for appropriation of funds in connection with acceptance of a grant from the Virginia Department of Juvenile Justice to continue coordinated planning and program implementation of the Office on Youth. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Glenn D. Radcliffe, Director, Human Development Marion A. Vaughn-Howard, Youth Planner, Office on Youth C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33985-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Aoorooriations Nondepartmental Contingency (1) ............................................ Transfers to Other Funds (2) .................................. $ 59,202,402 373,732 58,350,728 Grant Fund Aoorooriations Health and Welfare $ 4,158,029 Youth Services Grant 98-99 (3-21) ............................. 70,585 Revenue Health and Welfare $ 4,158,029 Youth Services Grant 98-99 (22-23) ............................ 70,585 1) Contingency (001-004-9410-2199) $(2,545) 2) Transfer to Grant Fund (001-004-9310-9535) 2,545 3) Regular Salaries (035-054-8836-1002) 43,119 4) Temporary Wages (035-054-8836-1004) 799 5) Salary Supplement (035-054-8836-1050) 900 6) ICMA (035-054-8836-1115) 3,962 7) ICMA- RC Match 8) FICA 9) Health Insurance 10) Dental Insurance 11) Disability Insurance 12) Telephone 13) Administrative Supplies 14) Special Projects 15) Expendable Equipment 16) Training and Development 17) Printing 18) Postage 19) ClS - Personal Computer 20) Management Services 21) Other Rental 22) State Grant Receipts 23) Local Match (035-054-8836-1116) (035-054-8836-1120) (035-054-8836-1125) (035-054-8836-1126) (035-054-8836-1131 ) (035-054-8836-2020) (035-054-8836-2030) (035-054-8836-2034) (035-054-8836-2035) (035-054-8836-2044) (035-054-8836-2075) (035-054-8836-2160) (035-054-8836-7007) (035-054-8836-7015) (035-054-8836-3075) (035-054-8836-8836) (035-054-8836-8837) 260 3,644 1,908 170 108 1,600 500 7,763 500 1,000 500 500 980 700 1,672 38,412 32,173 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 17, 1998 #98-719 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Continuation of Office on Youth Grant I. Background: Grant first officially awarded to City under Virginia Delinquency Prevention and Youth Act on June 17, 1980. FY 1998-99 youth grant application was submitted to the Department of Juvenile Justice in May, 1998. Grant will provide for continuation of coordinated planning and program implementation of the Office on Youth. D. FY 1998-99 grant budget is as follows: Budget State Local Cash Cateaorv Funds Match TOTAL Personal Services Training & Development Supplies & Other Oper. Expenses TOTAL $37,4.58 $16,613 854,071 175 2,755 2,930 779 12,805 13,584. $38,412 $32,173 $70,585 Eo Local cash match in the amount of $29,628 was included in the FY 1998-99 General Fund budget in the Transfer to Grant Fund Account 001-004-9310-9535. Additional funding of $2,545 is necessary to provide the required local match. This amount is available in the General Fund Contingency. Office on Youth Grant Report #98-719 Page 2 II. III. IV. Current Situation: Council acceptance of the state grant award and appropriation of the local cash match are required before the appropriate city officials can execute the required documents to receive the state funds. Issues: A. Cost B. Continuity C. Staff Alternatives: Authorize the City Manager or his designee to execute the appropriate document to accept the state grant. The total budget for the Office on Youth for FY 1998-99 is $70,585. Funding in the amount of $38,412 is available from the Department of Juvenile Justice. Local match funding in the amount of 929,628 is available in FY 1998-99 General Fund budget (Transfer to Grant Fund account - 001-004-9310-9535). Additional local match funding of 92,545 is available in General Fund Contingency 001-002-9410-2199. 2. Continuity of program would be maintained. Staff, consisting of Youth Planner, will continue under the direction of the Director of Human Development. B. Do not authorize the City Manager to accept the state grant. Funding from the State Department of Juvenile Justice would not be utilized, and local match funding would not be required. 2. Continuity would be questionable. Staff, consisting of Youth Planner, and the services provided would be contingent upon the availability of another funding source. Office on Youth Grant Report//98-719 Page 3 V. Recommendation: It is recommended that City Council adopt Alternative A which will authorize the following: Accept the State Department of Juvenile Justice grant and authorize the City Manager to execute the grant agreement and related documents on behalf of the City in a form approved by the City Attorney. Budget funding in the amount of $70,585 in a revenue account to be established in the Grant Fund by the Director of Finance. Appropriate funding in the amount of $70,585 to the expenditure accounts listed in Attachment A. Transfer $2,545 from Contingency Account 001-002-9410-2199 to account number 001-004-9310-9535 to adequately provide local match funding for this grant. Respectfully submitted, W. Robert Herbert City Manager WRH/MVH/gr CC: City Attorney Director of Finance Office of Management & Budget Director of Human Development Youth Planner Attachment A: BUDGET BREAKDOWN 1002 1004 1050 1115 1120 1125 1126 1131 2020 2030 2034 2035 2044 2075 2160 7007 7015 3075 Employee Salary Temporary Wages Salary Supplement ICMA FICA Hospitalization Insurance Dental Insurance Disability Insurance Telephone Administration Supplies Special Projects Equipment Training & Development Printing Postage CIS - Personal Computer Management Services Other Rental State money for ICMA Total $43,119.44 799.00 899.86 3,961.74 3,643.63 1,908.00 170.16 108.00 1,600.00 500.00 7,763.17 500.00 1,000.00 500.00 500.00 980.00 700.00 1,672.00 260.00 70,585.00 Mary F. Parker, CMC/kA.E c~ Cbrk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #55-60-472 8~ndm H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33987-081798 amending and reordaining certain sections of the 1998-99 General and Transportation Fund Appropriations, providing for appropriation of $200,000.00 representing the City's ten percent matching funds, in connection with the purchase of buses and capital equipment for the Greater Roanoke Transit Company. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io Attachment pc: David A. Morgan, General Manager, Valley Metro, P. O. Box 13247, Roanoke, Virginia 24032 W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33987-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Transportation Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Transportation Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Nondepartmental Transfers to Other Funds (1-2) ................................... Transportation Fund $ 59,202,402 58,348,183 Transfers to Other Funds (3). Revenue 1,228,260 Non-Operating (4) 1) 2) Transportation Fund (001-004-9310.9507) 3) Transfer to· GRTC - Capital (007-056-8240-9541) 4) Transfer from General Fund (007-020-1234-1037) Transfer to Capital Projects Fund (001-004-9310-9508) $ (200,000) Transfer to 200,000 200,000 200,000 1,214,506 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall' be in effect from. its passage. ATTEST: City Clerk. August 17, I gg8 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Member of Council: Subject: Matching Funding for Purchases of Buses and Capital Equipment for Greater Roanoke Transit Company (GRTC) Background on the subject in chronological order is as follows: Greater Roanoke Transit Company (GRTC) operates ten (10) bus routes for fifteen (15) hours per day, utilizing a fleet of thirty-eight (38) buses. Peak time service requires thirty (30) buses at one time. GRTC has a need to replace five 1988 model transit buses, three support vehicles, two para-transit vans, various shop equipment and office equipment. GRTC has applied to the Federal Transit Administration (FTA) for a grant for these items. FTA participates in capital project grants at a 80% federal share of project costs. The remaining 20% comes from State (10%) and local (10%) sources. II. Current Situation is as follows: Federal and State grant funding has been approved for equipment replacement and is available to GRTC. B. The estimated cost of replacing the equipment is $2,000,000. $1,600,000, or 80%, will be funded by the FTA and another $20010001 or 10%, will be funded by the State. The remaining $200,000, or 10%, needs to be funded locally. III. Issues in order of importance are as follows: A. Need B. Timing C. Funding IV. Alternatives in order of feasibility are as follows: Ao City Council provide 10% matching funding in the amount of $200,000 for the purchase of buses and related equipment. Need exists to keep equipment up-to-date and in proper working order. Timing is important in that State and Federal funds are available now and need to be matched with local funds in order to obtain the capital equipment. Funding is available in the Transfer to Capital Projects Fund account (001-004-9310-9508) for the purchase of this equipment. City Council not provide 10% matching funding in the amount of $200,000 for the purchase of buses and related equipment. Need. for replacement equipment would continue to be an issue. Timing is not an issue, since State and Federal funds will not be used. Funding would remain in the Transfer to Capital account. Recommendation is as follows: City Council concur in Alternative A and provide 10% matching funding for the purchase of buses and related equipment. Transfer $200,000 from the Transfer to Capital Projects Fund account (001-004-9310-9508) to Transfer to the Transportation Fund account (001-004-9310-9507). Also, increase the subsidy to GRTC in the Transportation Fund (account 007-056-8240-9540) by $200,000. Respectfully Submitted, W. Robert Herbert City Manager CC; City Attorney City Clerk Director of Finance Director of Utilities and Operations General Manager, Greater Roanoke Transit Company Budget Administrator MaW F. Plrker, CMC/AAE Cay C~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 ....... File ~58-3~ cay Cbrk Thomas Rutherford, Inc. Acordia of Virginia, Inc: Chanay, Thomas, Stephenson and Hill, Inc. McNeary Insurance COnsulting, Inc. Chas. Lunsford Sons and Associates, Inc. Gentlemen: I am attaching copy of Resolution No. 33988-081798 accepting the proposal of J & H Marsh & McLennan of Virginia, Inc., for provision of insurance agent/broker services, for a period of three years with an option to renew for two additional one year periods, at an annual cost of $33,000.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedeecribed proposal. Sincerely, Ma~¢~. Parker, ~ City Clerk MFP:Io Attachment Mary F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #58-396-405 8andra H. F. akin r~puty city Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33988-081798 accepting the proposal of J & H Marsh & McLennan of Virginia, Inc., for provision of insurance agent/broker services, for a period of three years with an option to renew for two additional one year periods, at an annual cost of $33,000.00 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: J & H Marsh & McLennan of Virginia, Inc., P. O. Box 1137, Richmond, Virginia 23218-1137 James D. Grisso, Director of Finance Barry L. Key, Manager, Office of Management and Budget Kenneth S. Cronin, Manager, Personnel Glenn A. Asher, Risk Management Officer C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33988-081798. A RESOLUTION accepting a proposal for the provision of insurance agent/broker services authorizing the execution of a contract with $&H Marsh & McLennau of Virginia, Inc., to provide insurance agent/broker services to the City; and rejecting all other proposals. BE IT RESOLVED by the Council of the City of Roauoke as follows: 1. The City M ~a~a~ or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execUte and attest, respectively, an agreement with $&H Marsh & McLennan of Virginia, Inc., for the provision by such firm of services as insurance agent/broker, as more particularly set forth in the August 17, 1998, report of the City Manager to this Council. with an option to renew for two (2) additional one-year periods. services shall be $33,000. 3. 4. services are hereby rejected, and the City Clerk is directed to notify each such proposer and to express the City's appreciation for such proposal. The contract authorized by this resolution shall have a term of three (3) years The annual cost of the ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia August 17, 1998 '98 12 P :? 22 I. Background SUBJECT: Risk Management Services Contract, Proposal 98-28 Most insurance obtained by the City must be purchased through an agent/broker. The City can seldom purchase directly from the Insurance Company, because commercial insurers sell insurance through brokers. Insurance agents/brokers normally receive commissions from the Insurance Companies that they represent. Under the Risk Management Services Contract, a flat fee is paid to the agent/broker who does not receive a commission. Elimination of a commission paid to the City's broker eliminates potential conflicts. City is currently served by one (1) agent/broker, J&H Marsh & McCLennan of Virginia, Inc., formerly known as Johnson and Higgins, Inc., to obtain the coverages that are now in place and other Risk Management Services. This is under the present Risk Management Services Contract which has expired on August 8, 1998. Risk Management Services will assist the City's insured and self insured programs as follows: 1. Provide broker service to the Office of Risk Management. Provide claims assistance for both insured and self-insured programs including claim disputes/negotiations with insurance carriers. o Provide loss control training and assistance in unusual exposures including environmental guidance. 4. Provide other risk management services as needed. .Specifications were developed to secure agent/broker services on all existing policies. Request for proposals were sent to agent/broker organizations. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Risk Management Services Contract Proposal 98-28 Page 2 II III. Current Situation Six (6) proposals were received. Proposers were: 1. J&H Marsh and McClennan of Virginia, Inc. (Richmond, VA) 2. Thomas Rutherfoord, Inc. (Roanoke, VA) 3. Acordia of Virginia, Inc. (Roanoke, VA) 4. Chaney, Thomas, Stephenson and Hill, Inc. (Roanoke, VA) 5. McNeary Insurance Consulting, Inc. (Richmond, VA) 6. Chas. Lunsford Sons and Associates, Inc. (Roanoke, VA) All proposals were evaluated, and interviews were conducted with the top three (3) proposers by representatives of the following Departments: Finance Supply Management Personnel Management Risk Management City Attorney's Office During the interviews, the respondents all answered identical questions and were called upon to clarify items in their written proposals. A matrix was developed and all interviewees received a numerical score. Co Proposer with the highest ranking was J&H Marsh and McClennan of Virginia, Inc. Upon negotiation, an agreed upon flat-fee of $33,000 per year was established with J&H Marsh and McClennan of Virginia, Inc. This proposal meets all requirements and specifications of the City. Issues IV. A. Assistance provided. B. Need C. Funding Alternatives A. Authorize agent/broker service agreement with J&H Marsh & McClennan Risk Management Services Contract Proposal 98-28 Page 3 of Virginia, Inc. to provide assistance in insurance/risk management in accordance with City of Roanoke specifications. Assistance provided - Assistance will be in the development of insurance specifications along with overall support of both insured and self-insured programs of the City and assistance in loss control and claims. Need - The one agent/broker concept is important to an entity with as many diverse exposures as the City of Roanoke as a means to evaluate the entire picture of exposures and adequately address them with no gaps or overlaps of coverage. o Funding - Additional funding would not be required since the proposed service would be paid for via a fee to the agent/broker instead of commission paid to the insurance company. The fee amount is available in the Risk Management Insurance Account and Fees for Professional Services Account. B. Do not authorize agent/broker service agreement. Assistance provided - needed assistance in the areas of specification development, policy consolidation, loss control and enhanced claims management would not be accomplished. Need - addressing City exposures in a systematic manner, with no risks unstudied may not occur. o Funding - Available funds would be consumed in paying policy commissions. V. Recommendation mo Council concur with Alternative "A" - Authorize the City Manager to enter into an agent/broker service agreement with J&H Marsh and McClennan of Virginia, Inc. for a period of three (3) years with the option to renew for two (2) additional one (1) year periods. The annual cost is $33,000. Funding has been budgeted and is available in account codes 019-002-1262-3020 and 019- 002-1262-2010. Risk Management Services Contract Proposal 98-28 Page 4 B. Reject all other proposals. Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of Finance Management & Budget Personnel Management Risk Management MaW F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File f~60-414 ~ndra H. E~kin Deputy city Ck~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33989-081798 amending and reordaining certain sections of the 1998-99 Higher Education Authority Fund, providing for appropriation of $62,500.00, in connection with appropriation of funds and establishment of a revenue estimate for the Roanoke Higher Education Authority. The abovereferenced measure was adopted by the Council of the City. of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Deborah J. Moses, Assistant to the City Manager for Special Projects Barry L. Key, Manager, Office of Management and Budget C:~,UG17C.WI~) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of August, 1998. No. 33989-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Higher Education Authority Fund, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Higher Education Authority Fund, be, and the same are hereby, amended and reordained to read as follows, in part: Aooroodations Operating (1) .............................................. - ....$ 62,500 Revenues Funding from the Commonwealth (2) ............................... $ 62,500 1) Operating Costs - Higher Education Authority (020-002-8720-2001) $ 62,500 2) State Funding (020-020-1234-1400) 62,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 17, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Appropriation of Funds and Establishment of Revenue Estimate for the Roanoke Higher Education Authority I. Background Virginia General Assembly adopted Chapter 813 of the 1997 Acts of Assembly establishing the Roanoke Higher Education Authority. In 1998, funding was provided by the General Assembly in the amounts of $5,379,000 for establishing the Authority and $62,500 in FY98-99 and FY99-00 each for operations. The Roanoke Hi~her Education Authority is responsible for expanding access to higher education and work force training in the Roanoke Valley by establishing the Roanoke Higher Education Center with such funds as are appropriated or made available for this purpose. Co On July 20, 1998, Roanoke City Council authorized the Director of Finance to serve as the temporary fiscal agent for the Roanoke Higher Education Authority. II. Current Situation Funds in the amount of $62,500 have been received from the Commonwealth of Virginia for FY99 operating costs as outlined by the Virginia General Assembly. Bm Council action is required to appropriate $62,500 so that funds may be expended for operational costs. III. August 17, 1998 Page 2 Recommendation City Council appropriate $62,500 in accounts to be established by the Director of Finance for Higher Education Authority operating costs and the corresponding revenue estimate. Respectfully submitted, James D. Grisso Director of Finance C.' Wilbum C. Dibling, Jr., City Attorney Deborah J. Moses, Assistant to the City Manager, Special Projects Barry L. Key, Manager, Office of Management and Budget Mary F. Parker, CMCIAAE c~ Ck, rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #20-60-217-264 ~andra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33990-081798 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of funds in connection with construction and installation of traffic signals at the intersection of Main Street, Elm Avenue, and Ferdinand Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works C..~MJG17C.WPO James D. Grisso August 24, 1998 Page 2 pc: Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evan, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C:~AUG17C.W1:~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 17th day of No. August, 1998. 33990-081798. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. VVHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3Dropdations Streets and Bridges Main Street, Elm Avenue and Ferdinand Avenue (1-2) ............ Capital Improvement Reserve Capital Improvement Reserve (3) ............................. Public Improvement Bonds - Series 1996 (4) .................... 1) Appropriated from Bond Funds 2) Appropriated from General Revenue 3) Streets and Bridges 4) Streets and Sidewalks $ 23,106,665 189,872 $ 13,916,388 476,609 4,553,327 (008-052-9712-9001) $ (008-052-9712-9003) (008-052-9575-9181) (008-052-9701-9191 ) 49,086 140,786 (140,786) (49,086) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 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 August 24, 1998 File #20-60-217-264 SANDRA H. EAKIN Deputy City Clerk william D. Gee, President H. & S. Construction Company P. O. Box 6226 Roanoke, Virginia 24017 DearMr. Csee: I am enclosing copy of Ordinance No. 33991-081798 accepting the bid of ri. & S. Construction Company, in the amount of $172,610.50, for construction and installation of traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, S. W.; 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 Monday, August 17, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo Enclosure pc~ The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evan, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management C:~AUG17C.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33991-081798. AN ORDINANCE accepting the bid of H. & S. Construction Company for construction and installation of traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, upon certain terms and conditions, and awarding a unit price contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of H. & S. Construction Company in the total' amount of $172,610.50 for construction and installation traffic signal systems at Main Street, Elm Avenue and Ferdinand Avenue, as is more particularly set forth in the City Manager's report dated August 17, 1998, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. · ~, 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite unit price 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. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:~MF, ASURF, S~.TRFSIO. 1 August 17, 1998 Council Report No. 98-159 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TRAFFIC SIGNALS MAIN STREET, ELM AVENUE AND FERDINAND AVENUE BID NO. 98-6-15 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Alvin Hudson William F. Clark CES/PCS/bs Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue August 17, 1998 Council Report No. 98-159 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TRAFFIC SIGNALS MAIN STREET, ELM AVENUE AND FERDINAND AVENUE BID 98-6-16 Backoround on the subject in chronological order is as follows: A. Tr~lffic signal plans and specifications have been completed for the intersection Main Street, Elm Avenue and Ferdinand Avenue, S.W. II. Current situation is as follows: Project was advertised on Sunday, June 7, 1998, and bids were publicly ooened ~lnd read aloud bv D. Darwin RouDe, Manager of SUDOIV Management, on Tuesday, July 7, 1998. Bo One (1) bid was received from contractors with H. & S. Construction Comoanv, 2011 Salem Avenue, S.W., Roanoke. Virginia 24016, submitting the sole bid in the amount of t~198.635.00. Since the sinole bid exceeded available funds bud_oeted for the Dro!ect, staff and the contractor negotiated the bid to $172.610.50. III. Issues in order of importance are as follows: A. Cost B. Funding IV. Alternatives in order of feasibility are as follows: Ao Authorize the City Manaoer to execute a unit Drice contract, in a form approved by the City Attorney, with H. & S. Construction Company, in the amount of ~ with 120 calendar days for completion with a project contingency of ~17,261.00. Honorable Mayor and Members of City Council BID COMMITTEE REPORT TRAFFIC SIGNALS MAIN STREET, ELM AVENUE AND FERDINAND AVENUE BID NO. 98-6-15 August 17, 1998 Page 2 Bo 1. Cost is 1.7% above the Engineer's estimate of ~1t~9.145.00. Funding is available in Public Improvement Bonds Series 1996 - Streets (008-052-9701-9191) and Capital Improvement Reserve - Streets and Bridges (008-052-9575-9181) and may be transferred to an account to be established by the Director of Finance. Do not authorize the City Manaoer to execute a contract with H. & S. Construction ComDanv and reject the single bid received. 1. Cost will be based on future bids. Funding would remain in the Public Improvement Bonds Series 1996 - Streets. V. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: AuthQrize the City Manager to execute a unit price contract with H. & S. Construction Comoanv in the amount of ~ with 120 calendar days for completion with a project contingency of ~17,261.00, Trensfer $49,086.00 from Public Improvement Bonds, Series 1996 - Streets (008-052-9701-9191 ) and ~ 14Q,786.00 from Capital Improvement Reserve - Streets and Bridges (008-052-9575-9181) to an account to be established by the Director of Finance. PCS/bs Attachment: Bid Tabulation C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TAI~ULATION OF BIDS TRAFFIC SIGNAL INSTALLATION MAIN STREET, ELM AVENUE AND FERDINAND AVENUE PROJECT NO. 6345 BID NO. 98-6-15 Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, July 7, 1998, at 2:00 p.m. H. & S. Construction Company I $172,610.50 (Negotiated Bid) Estimated Cost: $169.635 Office of the City Engineer Roanoke, Virginia August 17, 1998 Mary F. Parker, CMCIAAE cay C~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #207-450 8andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert I am attaching copy of Ordinance No. 33961-081798 creating Virginia's First Regional Industrial Facility AuthOrity and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 3, 1998, also adopted by the Council on second reading on Monday, August 17, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Gary L. Cutlip, Administrator, Bland County, P. O. Box 295, Bland, Virginia 24315 Roger C. Mullin, Administrator, Giles County, 120 N. Main Street, Pearisburg, Virginia 24134 C:~AUG17C.WPO W. Robert Herbert August 24, 1998 Page 2 pc: Trish Pendergrass, Clerk of Council, Pulaski County, 143 Third Street, N. W., Pulaski, Virginia 24301 Cellell Dalton, Administrator, VVythe County, County Office Building, Wytheville, Virginia 24382 Barbara Phillips, Clerk of Council, Town of Christiansburg, P. O. Box 599, Christiansburg, Virginia 24073 Catherine T. Lloyd, Clerk of Council, Town of Narrows, P. O. Drawer S, Giles, Virginia 24124 Ruth A. Harrell, Clerk of Council, Town of Pulaski, P. O. Box 660, Pulaski, Virginia 24301 Stephen A. Carter, Administrator/Clerk, Craig County, P. O. Box 308, New Castle, Virginia 24127 Betty S. Thomas, Clerk of Council, Montgomery 'County, P. O. Box 806, Christiansburg, Virginia 24073 Mary H. Allen, Clerk of Council, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798, Roy I. Lloyd, Jr., Clerk of Council, City of Radford, 619 Second Street, Raclford, Virginia 24141 Forest G. Jones, Assistant City Manager/Clerk, City of Salem, P. O. Box 869, Salem, Virginia 24153 Gary C. Elander, Town Administrator/Clerk, Town of Dublin, P. O. Box 1066, Pulaski, Virginia 24084 Rebecca H. Moses, Clerk of Council, Town of Pearisburg, 112 Tazewell Street, Pearisburg, Virginia 24134 James D. Grisso, Director of Finance Barry L. Key, Manager, Office of Management and Budget C:~AUG17C.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33961-08.1798. AN ORDINANCE creating Virginia's First Re~onal Industrial Facility Authority and authorizing the Mayor to execute an agreement establishing the respective rights and obligations of member localities as to the Authority. WHEREAS, pursuant to the Virginia Regional Industrial Facilifes Act, Chapter 64 of Title 15.2 of the Code of Virginia (1950), as amended, (the "Act"), the City Council of the City of Roanoke, Virginia, after public hearing, duly advertised, if required by law, has determined that the economic growth and development of the region and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority will facilitate the development of the needed facilities; and WHEREAS, the City of Roanoke is authorized by the Act to participate in such regional Authority and the Council of the City of Roanoke, in conjunction with other governing bodies, hereby proposes to create Virginia's First Regional Industrial Facility Authority, a public body politic and corporate created pursuant to the Act; and NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: i. There hereby is created an Authority pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia (1950), as amended, whose name shall be "Virginia's First Regional Industrial Facility Authority" and whose member localities shall be as follows: The County of Bland, Virginia The The County of Giles, Virginia The The County of Pulaski, Virginia The The County of Wythe, Virginia The The City of Roanoke, Virginia The The Town of Christiansburg, Virginia The The Town of Narrows, Virginia The The Town of Pulaski, Virginia County of Craig, Virginia County of Montgomery, Virginia County of Roanoke, Virginian City of Radford, Virginia City of Salem, Virginian Town of Dublin, Virginian Town of Pearisburg, Virginia. Each of the member localities is a political subdivision of the Commonwealth of Virginia, authorized to participate as a member of the Authority by the Act (collectively the "Member Localities"). 2. Thc City Council of the City of Roanoke, Virginia, after due consideration, hereby makes the following findings: The economy of Western Virginia has not kept pace with those of much of the rest of the Commonwealth. Individual localities in the region often lack the financial resources to assist in the development of economic development projects. Providing a mechanism for localities in the region to cooperate in the development of facilities will assist the region in overcoming this barrier to economic growth. The creation of a regional industrial facility authority will assist this area of the Commonwealth in achieving a greater degree of economic stability. bo The purpose of the regional industrial facility authority is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities. Co The exercise of the powers granted by the Act shall be in all respects for the benefit of the inhabitants of the region and other areas of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity. Thc economic growth and development of this locality and the comfort, convenience and welfare of its citizens require the development of facilities and that joint action through a regional industrial facility authority by the localities which are to be members of the proposed authority will facilitate the development of the needed facilities. 3. In furtherance of this ordinance, the Mayor is hereby authorized to execute an agreement substantially in tile form attached to the report of the City Manager, dated August 3, 1998, establishing tile respective rights and obligations of the Member Localities with respect to the Authority. ATTEST: City Clerk. H:\O~D-~I~\O-RXFA.tA..~D 3 August 3, 1998 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Report authorizing adoption of ordinance providing for city participation in the Virginia's First Regional Industrial Facility Authority. I. BACKGROUND: Regional commerce parks were identified during the New Century Council Visioning process as a need for the New Century Region. The establishment of multiple regional park~ within the New Century Region became a clear objective. The Virginia Regional Industrial Facilities Act, sponsored by Senator Bo Trumbo, and approved by the General Assembly of the Commonwealth of Virginia in 1997, made the concept of regional parks a reality under Virginia law allowing multiple local jurisdictions in the New Century Region to enter into agreement and form industrial facility authorities. H. CURRENT SITUATION: Council Member and Chairman of the Economic Development Commission, James O. Trout, and Phillip Sparks, Chief of Economic Development, were appointed to represent the city on a Study Committee for the proposed Authority in January, 1998. Monthly planning meetin? have been held since February 12, 1998 with as many as sixteen (16) localities actively participating. The Study Committee agreed to separate the formation of the Industrial Facility Authority from the actual proposed Commerce Park project. An initial $5,000 fee was established for localities participating in the Authority. Any future fees and/or assessments would be capped collectively at $5,000 per year to cover initial startup costs, such as legal fees, support staff, and related functions. The Authority is vested with the powers of a corporate body, including but not limited to the power to sue and be sued in its own name, and to issue bonds for any valid purpose. Honorable Mayor David A. Bowers and Members of City Council Page 2 August 3, 1998 Fo The Industrial Facilities Act established by the General Assembly of the Commonwealth of Virginia made no provision for a locality to withdraw under any circumstances from the Industrial Facility Authority once membership has been established. ISSUES: A. Regional Economic Development. B. Timing. C. Funding. ALTERNATIVES: ho City Council approve the payment and authorize the Mayor to enter into an agreement, approved to form by the City Attorney, and substantially in the form of the attached agreement, with other participating localities to establish the City's membership in the Virginia's First Regional Industrial Facility Authority. Regional economic development would be enhanced as multiple localities join together to consider the development of multiple industrial parks. Timing is important since the Authority must be established by the end of August to meet the deadline imposed by the Commonwealth of Virginia. Funding of approximately $3,000,000 is available from the Commonwealth of Virginia on a competitive basis for those regions that have established Industrial Facility Authorities and have proposed projects underway by three or more jurisdictions within the Authority. City Council not approve the payment and not authorize the Mayor to enter into an agreement, approved to form by the City Attorney, with other participating localities to establish the City's membership in the Virginia's First Regional Industrial Facility Authority. 1. Regional economic development could be jeopardized. Timing would not be directly impacted since the Authority could be created without city participation. Honorable Mayor David A.Bowers and Members of City Council Page 3 August 3, 1998 Funding would not be directly impacted since the Authority could move forward without city participation. V. RECOMMENDATION: Recommend Alternative A, City Council approve the payment and authorize the Mayor to enter into an agreement, approved to form by the City Attorney, and substantially in the form of the attached agreement, with other participating localities to establish the City's membership in the Virginia's First Regional Industrial Facility Authority. Respectfully submitted, City Manager WRH/PFS:kdc cc: Assistant City Manager City Attorney Director of Finance Manager, Management & Budget AGBEEMENT CleATING VIRGIN~'S FIRST REGIONAL INDUSTRIAL FACILITY AUTHORITY ~ in ~ with ~he VirgMin Resional l~lmtrial Fncilities Act, Chapter 64 of Title 15.2~ the Code of Virginia, 1950 as amended (the 'Act'), tl~ undersigned governing hod/es of the creating politic s~ hav~ detrained thnt ~e econornie growth and devel~ of the localities and the comfort, conveniem and w~ifare oftlmir ci~ require the development of facilities; ~ W~,~, such 5~veming bodies have further d~rmfned that joint action through a respond! industri. fn~ility authndty will fa~ililnle the development of the needed facil~es. NOW TI~E~B~, the mined political subdivisions of the Commonw~nlth of Virginia hereby agree cren~ V'trginia's First Regional Industrial Facility Authority, a public body politic and corporate ~ pursuant the Act, subject to the following terms and conditions: I. NAM~ The name of'~e amlmrity shall be "Virginia's First Regional Industri~ Facility Authority" and the address its principal office is P.O. Box 3726, Rndford, Virsinis., 24143. PARTIES TO VIRGINIA'S FIRST INDUSTRIAL FACILITY AUTHORITY AGRI~EM~IT The County ofBla~d, Vir~nia Th~ Corny o~Ployd, viminia The Comfy of Pula~i, Virginia Tbe County of Wylhz, Virginia The City of Ronnoi~, Virginia ~ Town of Ctristiamlnng, Virginia The Town of Nnrrows, Virginia Th~ Town of Pulaski, Virginia The County of Craig, Virginia The Comay of Criles, Virginia The County of Roanoke, Virginia The City o~ Salem, Viminia TI~ Town of Dublin, Virginia The Town of Peatisburg, Virginia eac~ ofwf~h is a pol~ subdivision of the Co--th of Vi~inia, are authorized by the Act to partioipa~ i: this Authority ~ colle~iv~ly a~ the "Membe~ Localities". HI BOARD OF ~ AUTHORH~ The~ ~ be two (2) repmsenmiv~s appoin~d by each M~.r Lo~ity m ~ ~ ~ ~ of ~ ~2~ ~ ~. ~ ~ ~ ~ ~d~ of $15.2~ of ~ ~ of Vic~ 1950, ~ ~ ~ ~ mo~ m~ ~ ~1 ~n on ~ ~ of ~ c~ of ~ A~fi~. ~h ~~ of ~ ~ ~ ~~ ~ ~ ~~ of~ ~ ~ office, ~l ~e ~ s~~ to ~ ~ ~~ m ~4~1 of~~ ofVi~ 19~. ~~ .hay26, 199~ Pag~ lof 3 1V FINDINGS AND lqYRPOSE FOR WHICH THE AUTHORITY lS CREATED Thc Mcmb~ Locali~ ha~-by agr~ to thc following findings and purposes fo~ which ~hc Authority is create The economy of Western Virginia has not kept pac~ with those of much of the rest of the Commonwealt Individual localities in the region ot%-n la~k the fi.a-cial resources to assist in the development of eeonom d~ pm~, Pm~ng a mechanism for loc~ifim in the region to cooperate in the develo~t , i~ fa~ilily ~ut~o~s will a~i~ ~hi~ at~ of th~ ~mmo~w~allh in a~i~g I ~ d~gl'~, The propose of the r~giorml industrial facility authority is to enhance the eexnmmic base for the Me, nb I.(xalilies by developing, owning, and/or opcrmi~ one or more facilities on a cooperative basis involving i The e~ercise of the powers granted by the Act shall be in all t~pects for the benefit oflhe inhabitants offl region,,,~ other ~ of~ Common~ for tl~ increase of their commerce, and for the promotion of the That tbe economic ~ and dcvclolnnenl ofthis region and tl~ comfort, convenience and w~lfare of i citiztma nxluire the dcvel~ of facilities and joint action through a regional industrial facility authori' ~ the development of the needed facilities. V. INDU~ FACU.FITES Them ia a wide ~i~y ofpmjeeta which the Authority may selem to und~rmk~ in meeting the purposes oft] Ac~ The ~ may undemke any project au~ ~ th~ Act The Authority may also support and pamcipa~ in any proje~ anlhorin~nl by the Act f~' which any Member Locality requests assislanc~, provided that the assets. and ~redit ofthe A~ may not be pledged without the consent of all Member Localities. W'he~ the Authority do~ not hav~ adequnte resomv.~ to undertake aa additional project, the Authority shall seek the participation of Memb~ l-~nlliti~ No su~h pl~jl~t shall b~ ~ by the Authority until it shall have re~iv~l th~ supporl and ad~lual VI. PAR~ATION AGREEMENTS TI~ A~m~ty may undmak~ to panicipat~ in any project authodmi by th~ Act and ~en by any on~ ~ mo~ of thy Member Localilics. Such pmlic~ slmll b~ o~ sm:h terms and comlitiom as tl~ / of ~ Autho~il nnd th~ localities pltrticip~ng in thc project may agree, and may include perticipatiofl by public and private entitle not memtmm of the Authority, provided that the assets, faith and credit of the A~ may not be pledllM within the eoment of all Mtnnber Localitim. The Authority may issue bonds and other indicia of debt bntw. d solely upon suc participating ~. Each Member Locality may consi~ its terms of pattici~on in each propos~ project i ~ ~ the participating agn~'ment establishin~ such project. With the cxeeption of any Authority bond fe and the possible ~ of any of the A~'s costa and expenses, any benefit~ ofany lnoject to be distributed t the Memb~ Loeali6m shall be pnid and aplxnlioned in nee~ with tt~ participating agreement for that proje~ ~ ~, ~n ~ 2 of 3 VIL GENERAL OPERATIONS OF Ti~ AUTIIO~ TI~ 8rental tmsiness of the Authority, i~luding the isstmn~ of bonds ~t ~ ~ ~ ill iii, ~it m ~ ~ A~ ~ ~ ~ ~ for ~mi c~n~, ~l ~ ~~ by majo~ ~fim of~ ~ ~ A~, ~~ ~h ~ may ~ ~ ex~five ~i~ ~ ~h o~ ~mm~ ~ ~ of~ A~, ~~ s~h f~ ~ ~1 ~ ~s~ to ~ ~d ~ ~ ~m~ ~~ m su~n ~ ~I offAlS. ~ ~ ~ vnl. Po~ OF THE AUTHORITY The Authority is vest~ with tbe ~ o£a body cofptx~te, in~ludit~ the power to sue and be sued in its ov name, plead and be implended, ami adopt and use a common sesl nnd alter tbe same as tony be deemed expedient. TI Autlg~ty shall have all rights, duties and powers provided by the provisim~ of the Act, Chapter 64 of Title 15.2, the Code of Vitgim'n, 1950, as amendod, ineludi~tg the power to issue bonds for any valid ~. to be ~te~utod, and their respeotivc seals to be nffixed hereto nmi nRested by their respective clerks e, ommmt~ng ~s .___~ day, of ,1998. ~n~y2~ ~99~ Page 3 of 3 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE c~ cbrk August 24, 1998 File ~223-392-468 8andre H. E~kin D~puty C~ Ctark W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert I am attaching copy of Ordinance No. 33968-081798 authorizing the filing of a petition by the City to vacate certain right-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue, between Second Street, S. W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 3, 1998, also adopted by the Council on second reading on Monday, August 17, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations C:~AU(317C.WI=O W. Robert Herbert August 24, 1998 Page 2 Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Delores C. Daniels, Assistant to the City Manager for Community Relations Bane Cobum, Civil Engineer II Diane S. Akers, Budget Administrator, Office of Management and Budget C:~,UGI 7C.W130 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33968-081798. AN ORDINANCE authorizing the filing of a petition by the City to vacate certain fight-of-way along Norfolk Avenue and the exchange of certain property owned by the City for property owned by Norfolk and Western Railway Company, along Norfolk Avenue, between Second Street, S.W., and the railroad tracks just east of Hunter Viaduct for the Railside Linear Walk Project, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The appropriate City officials are authorized to file a petition to vacate certain right-of-way along Norfolk Avenue, N.E. 2. ff such right-of-way is vacated, the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents conveying to No.x'folk and Western Railway Company, certain City- owned property that extends along Norfolk Avenue from Jefferson Street east to a point where the Railroad's tracks cross Norfolk Avenue, upon certain terms and conditions, and as more particularly set forth in the report of the Water Resources Committee dated August 3, 1998. 3... The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, any documents necessary to accept the conveyance of that certain property that extends along Norfolk Avenue from Jefferson Street west to the Second Street Bridge, as more particularly set forth in the report of the Water Resources Committee dated August 3, 1998. ATTEST: City Clerk. H:~O~NWRSLW.W~D (tiT"( '"': '98 J!..L 23 A8:59 August 3, 1998 Report No. 98-353 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Railside Linear Walk - Property Exchange The attached staff report was considered by the Water Resources Committee at its regular meeting on July 20, 1998. The Committee recommends that Council take the following action in accordance with conditions stated in the attached report: Authorize the vacation of a portion of public right-of-way along Norfolk Avenue, N.E. Authorize the City Manager to enter into an agreement with the Railroad, in a form approved by the City Attorney, to allow an exchange of property along Norfolk Avenue between Second Street, S.W., and the railroad tracks just east of Hunter Viaduct, for the Railside Linear Walk Project, and to sign all necessary documents to effect this exchange. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Sarah Fitton, Engineering Coordinator DeloreS D. Daniels, Assistant to City Manager for Community Relations Charles M. Anderson, Architect II Diane S. Akers, Budget Administrator Report No. 98-353 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: July 20, 1998 TO: FROM: N,~bers, ~.er Resources Committee B~,~ctor, Utilities and Operations thru · Rbbbr~H6~ert, City Manager SUBJECT: RAILSIDE LINEAR WALK- PROPERTY EXCHANGE Background in chronological order is as follows: Railside Linear Walk project consists of a grade level and raised walkway designed to link the City Market area to the Transportation Museum; a portion of which parallels the Norfolk Southern Railway tracks along the north side of Norfolk Avenue between Market Street, NE, and First Street, NW, and includes the east and south sides of "Warehouse Row". City_ Council authorized an architectural and engineering services contract for Phase I of the Railside Linear Walk with Hayes, Seay, Mattern & Mattern, Inc. on August 28, 1995. City Council authorized acquisition of the necessary_ property rights for Phase I of this project by Ord. No. 33148-100796, which was adopted on October 7, 1996. II. Current Situation is as follows: Plans have been SUfficiently finalized to identify property currently owned by Norfolk and Western Railway Company (the Railroad) that will be required for the project. Preliminary discussions with the Railroad have disclosed the need for an approximately equal exchange of property to satisfy project requirements and safety concerns. Authorization is needed to file a petition to vacate a portion of public right of-way and deed such to the Norfolk and Western Railway Company (or Honorable Mayor and Members of City Council RAILSIDE LINEAR WALK - PROPERTY EXCHANGE July 20, 1998 Page 2 their successors in interest) in exchange for a portion of the Railroad's property, as shown on the attached map. The City will convey to the Railroad property that extends along Norfolk Avenue from Jefferson Street east to a point where the Railroad's tracks cross Norfolk Avenue. The Railroad will convey to the City property that extends along Norfolk Avenue from Jefferson Street west to the Second Street Bridge. III. Issues in order of importance are: A. Need B. Timing IV. Alternatives in order of feasibility are: Ao Water Resources Committee recommends that City Council authorize, the City Manager to take appropriate action in order to enter into an agreement with the Railroad in a form approved by the City Attorney, to allow an exchange of property along Norfolk Avenue between Second Street, SW, and the railroad tracks just east of Hunter viaduct, for the Railside Linear Walk Project, and to sign all necessary documents to effect this exchange. Need for property rights identified by the design of the Railside Linear Walk Project is met. ° Timing to obtain the property rights is critical to avoid delay of project schedule. Water Resources Committee does not recommend that City Council authorize the City Manager to take appropriate action in order to enter into an agreement with the Railroad in a form approved by the City Attorney, to allow an exchange of property along Norfolk Avenue between Second Street, SW, and the railroad tracks just east of Hunter viaduct, for the Railside Linear Walk Project. Need for property rights identified by the design of the Railside Linear Walk Project is not met. Timing to obtain the property rights could jeopardize the project schedule. Honorable Mayor and Members of City Council RAILSIDE LINEAR WALK - PROPERTY EXCHANGE July 20, 1998 Page 3 Mo Water Resources Committee recommends that City Council concur with Alternative "A" and take the following actions: Authorize the vacation of a portion of public right-of-way along Norfolk Avenue, NE. Authorize the City Manager to enter into an agreement with the Railroad, in a form approved by the City Attorney, to allow an exchange of property along Norfolk Avenue between Second Street, SW, and the railroad tracks just east of Hunter Viaduct, for the Railside Linear Walk Project, and to sign all necessary documents to effect this exchange. WRH/KBK/SEF Attachment CCZ City Clerk City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Engineer Assistant to City Manager for Community Relations Architect II Engineering Coordinator Budget Administrator 1011813 J011814 101 0 ...ii.. JEFFERSON -,, STREET  .: :-: : 4011~10 · ' 4011311' , MARKE~ ~ [ - / ~*~o ~ ~ ~ ' J .... ~ - ~*~1 D ;~ ~ -- ~ 1 Il ~ .~ .,,.,~~ ~. ~'~.~. WILLIAMSON ROAD ~ '. ....... ,,1010g~ __ 40~0g07 '4O1O5O9 40~505 .~. .~. Mary F. Parker, CMCIAAE Cay Ck, rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 8andra H. Eakin Deputy C~y C~rk File #166-169-468 Mr. Robert E. Mullen, Jr. 1600 Westchester Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Mullen: I am enclosing copy of Ordinance No. 33970-081798 granting a revocable license to allow a twenty foot asphalt berm and a seven foot asphalt berm encroaching into the public right- of-way along the front of property located at 1600 Westchester Avenue, S. W., owned by Robert E. Mullen, Jr., identified as Official Tax No. 5160115. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 3, 1998, also adopted by the Council on second reading on Monday, August 17, 1998, and will be in full force and effect ten days following the date of its second reading. Ordinance No. 33970-081798 will also be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Robert E. Mullen, Jr., has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 of the above described ordinance is on file in the Office of the City Clerk. ~' Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Enclosure C:~AUG17C.WPO Robert E. Mullen, Jr. August 24, 1998 Page 2 pc: W. Robert Herbert, City Manager Mr. David Barudin, 3967 South Lake Drive, Roanoke, Virginia 24018 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Charles M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Glenn A. Asher, Risk Management Officer Diane S. Akers, Budget Administrator, Office of Management and Budget David M. Dooley, General Superintendent, Streets and Traffic C:~AUG17C.WI~)' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of August, 1998. No. 33970-081798. AN ORDINANCE granting a revocable license to allow a twenty foot asphalt berm and a seven foot asphalt berm encroaching into the public fight-of-way along the front of the property located at 1600 Westchester Avenue, S.W., Official Tax No. 5160115, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner Robert E. Mull,m, Jr. ("Licensee") and his grantees, assignees, or successors/n interest, of the propeWy bearing Official Tax No. 5160115, otherwise known as 1600 Westchester Avenue, S.W., within the City of Roanoke, to maintain one 20' long asphalt berm encroaching approximately 10' into the southern side of the public right-of-way in front of that property, and to maintain one seven foot long asphalt berm encroaching approxhnately seven feet into the northwestern side of the public right-of-way in front of that property, as more fully described in a report of the Water Resources Comnfittee dated August 3, 1998. 2. Said license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid §15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees Dom all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public fight-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the amounts not less than $3,000,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Director of Utilities and Operations of the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Robert E. Mullen, Jr., 1600 Westchester Avenue, S.W., Roanoke, Virginia. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Robert E. Mullen, Jr., has been admitted to record, at the cost of the Licensee, in the Office of the Clerk of the Circuit Court of the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the office of the City Clerk. ATTEST: city ACCEPTED and EXECUTED by the undersigned this dny of ,19 COMMONWEALTH OF VIRGINIA this Rolx, rt E. MulK-~, Sr. § To-Wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid ~ day of ,19 , by Robert E. Mullen, Jr.. My Commission expires: Notmb' Public H:\TEI~I~I August 3, 1998 Report No. 98-356 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachments into Public Right-of-Way Asphalt Berms, 1600 Westchester Avenue, S.W. Official Tax No. 5160115 The attached staff report was considered by the Water Resources Committee at its regular meeting on July 20, 1998. The Committee recommends that Council authorize a revocable license to the property owner at 1600 Westchester Avenue, S.W. to allow a twenty foot berm encroachment into the right of way of Westchester Avenue, S. W., along the southern side. The Committee also recommends that Council allow the ten foot berm along the northwest side of Westchester, which is adjacent to the property owned by David C. Barudin, but require that the length be reduced by three (3) feet to a net length of seven (7) feet. Linda F. Wyatt, Chairperson Water Resources Committee LFW:KBK:afm Attachment CC~ Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Delores D. Daniels, Assistant to City Manager for Community Relations Sarah Fitton, Engineering Coordinator Glenn A. Asher, Risk Manager Diane S. Akers, Budget Administrator Dave Dooley, General Superintendent, Streets Division Robert E. Mullen, Jr. David Barudin Report No. 98-356 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: July 20, 1998 TO: FROM: M~mbers, ~/ater Resources Committee ~,. __K"~Q~er.M~i~ctor, Utilities and Operations thru 'T:~. Robert I-)e-?bert, City Manager SUBJECT: Encroachments into Public Right-of-Way Asphalt Berms, 1600 Westchester Avenue, SW Official Tax No. 5160115 I. Background in chronological order is as follows: Permission to construct fences, walls, decks, or various other structures that encroach into the public right-of-way is a request that property owners make to the City from time to time. The property owner at 1600 Westchester Avenue, SW, (Robert E. Mullen, Jr.) has requested permission to retain two six-inch berms which protect his lawn from damage and water run-off. See attached letter. II. Current Situation is as follows: Berms encroach into the right-of-way of Westchester Avenue, SW, approximately ten feet. The berm along the south side of the right-of-way is twenty feet long, the berm along the northwestern side is ten feet long. See attached map. Property owner has requested a revocable license to allow both berms to remain. The owner of the adjacent property (David C. Barudin) has objected to the shorter berm along the northwestern side of the right-of-way, citing restriction of his access to the street, water problems, tripping hazard, and obstruction of his mailbox. See attached letter. Members, Water Resources Committee ENCROACHMENTS IN RIGHT OF WAY WESTCHESTER AVENUE, SW July 20, 1998 Page 2 II1. Issues in Order of importance are: A. Need B. Concerns of adjacent property owner C. Cost to City D. Liability Insurance E. Indemnification IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize a revocable license to the property owner at 1600 Westchester Avenue SW, to allow the twenty foot asphalt berm encroachment into the right-of-way of Westchester Avenue, SW, along the southern side only, in a form approved by the City Attorney. Water Resources Committee further recommends that City Council not authorize a revocable license to allow the ten foot berm along the northwest side of Westchester Avenue, SW. 1. Need by applicant to reduce water run-off and protect lawn is met. Concerns of adjacent property owner will be addressed by removal of the berm adjacent to his property. 3. Cost to City is zero. Liability insurance shall be provided by property owner as specified in Attachment A. Indemnification of City by property owner shall be as specified in Attachment A. Bo Water Resources Committee does not recommend that City Council authorize a revocable license to the property owner at 1600 Westchester Avenue SW, to allow the asphalt berm encroachments into the right-of-way of Westchester Avenue, SW. Members, Water Resources Committee ENCROACHMENTS IN RIGHT OF WAY WESTCHESTER AVENUE, SW July 20, 1998 Page 3 Desire by applicant to reduce water run-off and protect lawn is not met. Concerns of adjacent property owner will still be addressed by removal of the berm adjacent to his property. 3. Cost to City is zero. 4. Liability insurance will not be an issue. 5. Indemnification will not be an issue. Mo Water Resources Committee recommends that City Council authorize a revocable license to the property owner at 1600 Westchester Avenue SW, to allow the twenty foot asphalt berm encroachment into the right-of-way of Westchester Avenue, SW, along the southern side only, in a form approved by the City Attorney, in accordance with Alternative "A". WRH/KBK/SEF Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Risk Manager Budget Administrator General Superintendent, Streets Division ATTACHMENT A INSURANCE REQUIREMENTS FOR ENCROACHMENTS IN RIGHT-OF-WAY RESIDENTIAL Owner shall obtain liability insurance coverage with respect to claims arising out of the encroachment into the right-of-way. The amount of such insurance shall not be less than 8300,000. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Owner shall name the City, its officers, agents, employees, and volunteers as additional insured as its interests may appear on the above policy. Such coverage shall not be canceled or materially altered except after thirty (30) days prior written notice of such cancellation or material alteration to the Director of Utilities and Operations of the City of Roanoke. Owner shall indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over public right-of-way. Robert E. Mullen, Jr. 1600 Westchester Ave. S.W. Roanoke, Virginia 24018-1826 Telephone (540) 774-9358 Fax (540) 774-9358(Call First) June 1, 1998 Mr. Kit Kiser, Director City 0fRoanoke, Va. 211 Church Ave. S.W. Roanoke VA 24011 Re: Encroachment Permit. Dear Mr. Kiser: I am writing to you at the suggestion and request of Steve Talevi from the City Attorney's · office. He suggested that you might ask City Counc. il for this permit on my behalf. By way of background, I am enclosing several items of correspondence relative to the berms in question and a diagram of my driveway. I also installed similar berms at the end of my driveway as guides, when the paving was put down. They have all worked well and accomplished the job they were designed to do. Each berm is about 6" in height, and the one that disturbs my neighbor is about 10' long. The one near my mailbox is about 20 feet long. None of the other neighbors has broached any concern of these items to me. Westchester Avenue comes to the middle of my front yard, and I maintain the lawn on both sides of the street and my driveway. Until Mr. Dooley defined the right-of way for me, none of us knew where the street began and my property ended. Please let me know if you need any more information or ifI should appear before City Council when the matter is considered. Thank you. Robert E. Mullen, Jr. cc: Dave Dooley ¢. 95.03 S. LAKE · SO.___UT~H L.__AKI[ OR. 60.36 I~l DR.- SOUTH PRIVATE 155.~ RD. , ~. [ .~. [ ~. -' , ,' I..... ~ I I m, i ZFORD STREET ~ $0~,02 09 David Bamdin 3957 South Lake Dr., Roanoke, VA 24018 Ph. 540-772-6640. Fax 540-772-6644. barudin~roanoke, infi. net June 22, 1998 Sara Fitton, Engineering Coordinator, City of Roanoke 215 Church Av., Rm. 350 Roanoke, VA 24011 Re: Right-of- Way Encroachment Dear Ms. Fitton: In reply to the Interdepartmental Communication dated July 20 from Kit Kiser to the Water Resources Committee and your invitation for my written comment: I Want to reiterate the strong opposition by my wife and I to the 10-ft. long curb erected by Mr. Mullen on cRy-maintained Westchester Av. SW adjacent to my property. The 1 O-ft. curb in question was erected by Mr. Mullen without our knowledge, even though the curb abuts our property and does not border Mr. Mullen's property or that of any other neighbors. It adversely affects my property in several ways: 1. By narrowing my walkway onto Westchester Av. the curb prohibits me from wheeling my city refuse container out onto Westchester Ay. for collection The container now has to be pulled through shrubbery and across grass to the street. 2. The curb is a baTard to my visitors and guests. I've witnessed several people ~mble over it, including a young girl who nearly spilled from her bicycle. 3. The curb directs rain water into a deep puddle in my walkway to Westchester Ay. 4. The curb gives the appearance of a paridng space in front of our mailbox, which when occupied blocks postal delivery and blocks access to and from my property. To clarify two points of the report: Section IIC of the report states that I object to the "berms" (plural). I object only to the 10-ft. berm abutting my property. Secondly, section IVAI of the report is inaccurate in depicting the 1 O-ft. curb as "reducing water nm-off and protect hwn'. The "lawn" at the curb is city property under a large magnolia at my property line of boxwood shrubs. cc. Dave Dooley Mary F. Parker, CMC/AAE C~y C~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #20-132-514 8andra H. Eakin Deputy city c~ W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council Member Hudson requested that you review the feasibility of removing parking meters from City streets. He referred specifically to parking meters in downtown Roanoke and in the Grandin Road area. It was the consensus of Council that the matter would be referred to you for report to Council. MFP:Io Sincerely, Mary F. Parker, CMCIAAE City Clerk pc: William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety C:~AUG17C,WPD CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE city c~rk August 24, 1998 File #20-51-132-200-514 8andra H. Eakin O. puty city c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council Member Trout expressed concern with regard to conversion of residential homes into apartments, thus creating parking problems. He referred specifically to a house located on Broadway, S. W., which was converted into apartments and a building was constructed in the back yard and attached to the original structure. He advised that the forTner Chief of Community Planning reviewed the matter and discovered a provision in the Zoning Ordinance which permitted the construction; however, the Chief of Community Planning indicated that a report would be presented to Council in the near future to address the situation. Council Member Trout inquired as to the status of the report from the City Planning Commission. It was the consensus of Council that the matter would be referred to you for report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io C:~AUG17C.WPO Miry F. Parker, CMCIAAE c~ Cbrk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #79-132-162-467 ~ndra H. Eakin r~puty city c~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council 'Member White requested that you prepare a compilation on the amount of real estate taxes required to be collected by the City on a residential property in order to cover the cost of police, fire, and refuse collection services, etc.: i.e.: what is the break even point as far as residential property value when citizens of Roanoke are not required to subsidize fixed costs. He also requested a separate compilation on the local cost of education. It was the consensus of Council that the matter would be referred to you for report to Council. Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager C:~AUG17C.WPO Mary F. Parker, CMC/AAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File #132-467 ~andra H. Eakin Deputy cay Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council Member White called attention to certain public and private construction work currently in progress in the vicinity of school buildings and requested that you take the necessary measures to insure that construction work is completed as much as possible prior to the opening of school on August 31, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works C:~AUG17C.WPO W. Robert Herbert August 24, 1998 Page 2 William F. Clark, Director, Public Works Evelyn S. Landers, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, Planning and Community Development C:~.UGITC.WPO MaW F. Parker, CMCIAAE c~y Ck, rk CITY OF ROANOKE Office of the City Clerk August 24, 1998 File tt67-132 Sandm H. Eakin O. puty city C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council Member Wyatt inquired as to the status of the proposed skateboard park which is to be a joint venture between Roanoke City and Roanoke County. It was the consensus of Council that the matter would be referred to you for a status report to Council. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation C:~AUG17C.WPO CITY OF ROANOKE Office of the city Clerk Mary F. Parker, CMC/AAE c~ c~rk August 24, 1998 File #51-132-200 8andra H. Ealdn Deputy c~ c~. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 17, 1998, Council Member Wyatt inquired as to the need for an update to the City's Comprehensive Land Use Plan. It was the consensus of Council that the matter would be referred to you for report to Council. MFP:Io Sincerely, Mary F. Parker, CMCIAAE City Clerk pc: William F. Clark, Director, Public Works Evelyn S. Landers, Acting Chief, Planning and Community Development Martha P. Franklin, Secretary, Planning and Community Development C:~AUG17C.WPO Date: To: August 12, 1998 Mayor David Bowers and Members of City Council '98 /Il.iff 12 P 2:57 From: Adventurers, Virginia Skyline Girl Scout Council P. O. Box 3000, Salem, Virginia 24153 Re: International Friendship Camp, Lancashire, England Camp Visitation from Local Dignitaries Presentation of Chorley Borough Council Plague Dear Mayor and Members of Council, Virginia Skyline Girl Scout Council Adventurer members represented the Girl Scouts of the United States of America at an International Friendship Camp July 25-August 1, 1998 in Lancashire County England. The Red Rose Rendezvous patrol selected to represent the United States consisted of 8 girls and two adult leaders. Girls spent 5 nights in London at Lord Baden Powell House, one week at camp and one week with home hospitality. Thursday, July 30, the Mayors and Mayoress from local cities and towns were guest at Guys Farm program center. Each received from our group a badge with Roanoks City. Mayor Whittaker, from Chorley, England, presented his town's plague to Barbara Duerk to convey to her city's dignitaries. The group joined Girl Guides and Girl Scouts from India, Pakistan, Scotland, Canada, Australia and Japan in celebrating our communities and sharing our similar promise and law. Our patrol included girls from Roanoke City, Roanoke County, Lynchburg, Danville, Blacksburg, Martinsville, and Danville. Leaders were from Roanoke and Danville. The Girl Scout promise says, "On my hono~ I will try to serve God and My County to help people at all times and to live by the Girl Scout law." The delegates from the United States did an outstanding job of represented their Country, the Commonwealth of Virginia and the communities where they live. Patrol members from Roanoke City: ~/Emily Edwards Frabell daughter of Lawrence and Peggy Edwards Frabell ,,aMargaret Mountcastle daughter of Dr. Robert B. Mountcastle, Jr. and wife Jar~ Patrol member from Roanoke County: Carrie Metheny daughter of Glenn and Mary Metheny Thank you for allowing the Girl Scouts the opportunity to present greeting from Chorley, Lancashire, England to Roanoke City Council. MaW F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 25, 1998 File #184-202 Sandra H. Eakin Deputy city c~erk W. Robert Herbert City Manager Roanoke, Virginia Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of the statements of Mr. Ronald E. Mathews and Ms. Evelyn D. Wheeler in connection with the City Employee Grievance Procedure, which statements were before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. It was the consensus of Council that the statements would be referred to you for report to Council as to legal implications, if any. Council Member Wyatt requested that Council be provided wi~.h a compar!son of the City's Grievance Procedure and the State's Grievance Procedure. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io C:~AUGt 7C,WPO W. Robert Herbert Wilbum C. Dibling, Jr. August 25, 1998 Page 2 pc: Evelyn D. VVheeler, 1554 18th Street, N. W., Roanoke, Virginia 24017-3417 Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia 24095 Kenneth S. Cronin, Manager, Personnel C:~AUGI 7C.Wl:q3 RECEi'v F_f5 Office of the Ci,h/ Man,,o,s~er August14,1998 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Grievance Procedure Dear Mayor Bowers and Members of Council: At the August 3, 1998 City Council meeting, Ms. Wyatt requested that I provide the number of employee complaints that were ruled to be non-gfievable. According to State law and as specified in the City's grievance procedure (P.O.P. #6), the definition of a grievance is a complaint or dispute by an employee relating to his or her employment, including but not necessarily limited to: · Disciplinary actions including dismissals, demotions and suspensions; · The application of personnel policies, procedures, role, regulations, ordinances and statutes; · Acts of retaliation as the result of utilization of the Grievance Procedure or participation in the grievance under the Grievance Procedure of another City employee; · Complaints of discrimination on the basis of race, color, creed, national origin, sex, age, disability or political affiliation; and · Acts of retaliation because the employee has complied with any law of the United States or of the Commonwealth, has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States or the General Assembly. Also according to State law and as specified in the City's grievance procedure, the following complaints are non-grievable: · Establishment and revision of wages or salaries, position classifications or general benefits; · Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content; · The contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; · Failure to promote except where the employee can show that established promotional policies or procedures were not applied fairly; · The methods and personnel by which work activities are to be carded on; Room 364 Municipal South 215 Church Avenue, S,W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX ,~5,'~ -' CityWeP:www. ci.roanoke,va.us Honorable Mayor and Members of City Council, Page 2 · Termination, layoff, demotion or suspensions from duties because of lack of work, reduction in work force or job abolition except where such action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance; · The hiring, transfer, assignment and retention of employees; and · The relief of employees from duties in emergencies. Between July 1992 and July 1998, 181 complaints were filed that were ruled non-grievable by the City Manager. Of these, 135 were filed on four specific issues by employees in one department between 1994 and 1997. The remaining 46 complaints found to be non-grievable came from employees in various other departments throughout the City. Employees may appeal the City Manager's decisions of non-grievability. Once an employee files a notice of appeal with the City Manager, the City Manager is responsible for forwarding the matter to the Circuit Court for the City of Roanoke for a hearing by a Circuit Court Judge on the issue of whether a matter is grievable. (See Attachment A). Between July 1992 and July 1998, 71 decisions of non-gfievability have been appealed to Circuit Court with many of the appeals being multiples of the same complaint (66 involving two issues). Of the 71 decisions of non-gfievability by the City Manager, two decisions were reversed or modified by the Court. I hope that this information is fully responsive to your request. Should you have additional questions, please let me know. Respectfully, W. Robert Herbert City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Attachment A °. .. E, xcerpt from the Ci _ty's grievance procedure (P.O.P. #6) conceming appeal decisions Per the grievance procedure, "decisions of the City Manager or his designee may be appealed to the Circuit Court of he City of Roanoke for a hearing on the issue of whether a matter is grievable. Proceedings for the review of the decision of the City Manager or his designee shall be instituted by the grievant by filing a notice of appeal with the City Manager within ten (10) calendar days from the date of the receipt of the decision and giving a copy thereof to all other parties. Within ten (10) calendar days thereafter, the City Manager or his designee shall transmit to the Clerk of Circuit Court for the City of Roanoke a copy of the decision of the City Manager or his designee, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. Within thirty (30) days of receipt of such records by the Clerk, the Court, sitting without a jury, shall hear the appeal on the record transmitted by City Manager or his designee and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court, in its discretion, may receive such other evidence as the ends of justice require." CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y C~rk August 25, 1998 File ~266-450 ~ndra H. Eakin o, puty cay c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33993-081798 authorizing the proper City officials to make a boundary amendment to Roanoke's Enterprise Zone One that will delete certain areas within Enterprise Zone One and add certain areas not currently in Enterprise Zone One; and authorizing the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment to include the addition of certain areas not currently in Roanoke's Enterprise Zone One and to take such further action as may be necessary to obtain the boundary amendment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment C:~AUGI7C.WPO W. Robert Herbert August 25, 1998 Page 2 pc: Willard N. Claytor, Director, Real Estate Valuation William F. Clark, Director, Public Works James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Phillip F. Sparks, Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VI:RGI:N~A, The 17th day of August, 1998. No. 33993-081798. ARESOLUTION auth°fizingtheproperCityo~cialstomakeabound~amendmentto Roanoke's Enterprise Zone One that will delete certain areas within Enterprise Zone One and add certain areas not currently in Enterprise Zone One; and to authorize the City Manager to apply to the Virginia Department of Housing and Community Development for approval of the boundary amendment to include the addition of certain areas not currently in Roanoke's Enterprise Zone One and to take such further action as may be necessary to obtain the boundary amendment. WHEREAS, there are certain areas currently located within Roanoke's Enterprise Zone One' that are not able to benefit from the designation of those areas as part of an Enterprise Zone; and WHEREAS, there are additional areas within the City of Roanoke which areas are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as part of Roanoke's Enterprise Zone One; and WHEREAS, the Virginia Enterprise Zone Act of 1982, as amended, authorizes the amendment of an existing Enterprise Zone, thereby making qualified business firms which locate or expand within such an amended Zone eligible for significant Enterprise Zone benefits; and WHEREAS, the designation of additional areas of the City as part of Roanoke's Enterprise Zone One has the potential to stimulate significant private sector investment within the City in an area where such business and industrial growth could result in much needed neighborhood growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the proposed boundary amendment to Roanoke's Enterprise Zone One, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on the proposed boundary amendment to Enterprise Zone One. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke is hereby applying for an amendment t0'~R.0anoke's Enterprise Zone One, which amendment will delete certain areas currently within Enterprise Zone One and add additional areas that are currently outside of Enterprise Zone One, ail as more fully shown on the map attached to the City Manager's report to this Council dated August 17, 1998, and more fully described in that report. 2. The City Manager or the Assistant City. Manager is hereby authorized to apply, on behaif of the City, to the Virginia Department of Housing and Community Development for a boundary amendment to Roanoke's existing Enterprise Zone One pursuant to the applicable provisions of the Virginia Enterprise Zone Act of 1982~, as amended, which boundary amendment will delete certain areas currently in Roanoke's Enterprise Zone One and will add certain areas not currently in Roanoke's Enterprise Zone One, all as more fully set forth in the City Manaser's report to this Council dated August 17, 1998, and the map and attachments thereto. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations and that the property and business owners in the affected areas being deleted or eliminated by the boundary amendment to Roanoke's Enterprise Zone One were notified in accordance with those regulations. 4. The City Manager or Assistant City Manager is authorized to submit to the Virginia Department' of Housing and Community Development all information necessary for the application for the boundary amendment to Roanoke's Enterprise Zone One for the Department's review and consideration and to take such further action as may be necessary to meet other program administrative and reporting requirements. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. 5. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. Report 98-23 August 17, 1998 Honorable Mayor and Members of Council Roanoke, VA Dear Council Members: Subject: Proposed Boundary Amendment for Enterprise Zone One T. Background: The Enterprise Zone Program in the City of Roanoke has been successful in promoting economic development within the inner city. Since 1985, 79 companies (52 new companies and 27 existing companies) have been certified for state enterprise zone tax credits and grants. Roanoke's Enterprise Zone One (Enterpr/se Zone One Proposed Boundary Amendment map attached) is in effect for 20 years from 3anuary 1, 1984 to December 31, 2003. Enterprise Zone One encompasses 1,878 acres. The maximum size allowed for Roanoke's Enterprise Zone One is 1,906 acres. Current Situation: III. Eo ]ssues Enterprise Zone One contains many publicly-owned properties and facilities. Public entities, public service agencies, and not-for-profit organizations are not eligible to receive zone benefits and should be removed from the zone. Office of Economic Development has identified 285.5 acres to remove from the Enterprise Zone One boundaries. These properties are labeled on the attached Enterpr/se Zone One Proposed Boundary Amendmentmap. A complete listing of property and business owners is attached. Removing publicly-owned facilities from Enterprise Zone One. would allow the city to add properties which would be eligible for the enterprise zone benefits. Office of Economic Development has identified 286.2 acres to add to the Enterprise Zone One boundaries. These properties are indicated on the attached Enterpr/$e Zone One Proposed 8oundaryAmendmentmap. The general areas include: Melrose Avenue Commercial Corridor, Roanoke-Salem Plaza, Blue Ridge Industrial Park, Ninth Street Southeast Commercial Corridor, Sixth to Eight Street Southwest, and portions of Thirteenth Street Southwest near and under Memorial Bridge. Virqinia Enterprise Zone Program regulations require at least one public hearing on the requested amendment prior to its submission to the Virginia Department of Housing and Community Development for approval by the State. The public hearing is scheduled for August 17, 1998, at 7:00 p.m. Virginia Enterprise Zone Program regulations also require that all property and business owners whose property is proposed to be removed from Enterprise Zone boundaries receive written notification two weeks prior to the public hearing. A copy of the written notification sent to all such property and business owners is attached. Economic Development 'l~ming Funding Honorable Mayor and Members of City Council August 17, 1998 Page 2 Alternatives Ao Authorize boundary amendment of Enterprise Zone One to add and delete the areas described in this report, and, lacking comments at the public hearing which would require further consideration, pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. Economic Development will be enhanced through new job creation and investment, as more properties become eligible for the Enterprise Zone tax credits. Timinq is critical for businesses planning to add jobs or rehabilitate properties in the Enterprise Zone One. 3. Funding is not required for state Enterprise Zone credits. Do Not Authorize boundary amendment of Enterprise Zone One. to add and delete the areas described in this report or pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. Economic Development will be negatively impacted because business owners from the proposed 285.5-acre addition will not be able to access Enterprise Zone tax credits. 2. Timing will not be affected. 3. Funding will not be affected. Recommendation: Ao :It is recommended that City Council concur with Alternative A and authorize a boundary amendment of Enterprise Zone One to add and delete the areas described in this report, and, lacking comments at the public hearing which would require further consideration, pass a measure authorizing the City Manager to file an application for a boundary amendment with the Virginia Department of Housing and Community Development for this purpose. If attachments CC: Diane S. Akers, Budget Administrator Willard N. Claytor, Director of Real Estate Valuation William F. Clark, Director of Public Works Wilburn C. Dibling, Jr., City Attorney .]ames D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations .]ames D. Ritchie, Assistant City Manager Phillip F. Sparks, Chief of Economic Development Respectfully submitted, W. Robert Herbert City Manager Mary F. Parker, CMCIAAE c~ Cbrk CITY OF ROANOKE Office of the City Clerk August 19, 1998 File #266 8andra H. Eakin D~pmy c~ Cbrk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report requesting that Council schedule a public hearing for Tuesday, September 8, 1998, at 2:00 p.m., or as soon thereafter as the matter may be heard, with regard to proposed boundary amendments to Enterprise Zone Two, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 17, 1998. (The date was later changed to Monday, September 21, 1998, at 7:00 p.m.) On motion, duly seconded and unanimously adopted, Council concurred in the request. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:jms pc: Phillip F. Sparks, Chief, Economic Development C:~AUG17C.WPO L)rhc9 ,;.f i'he { ~h' .Monor~,r July 30, 1998 Property/Business Owner of Property Located in City of Roanoke, VA Dear Property/Business Owner: The city of Roanoke Office of Economic Development is proposing an Enterprise Zone One boundary amendment. The amendment will remove the properties listed on the attached sheet from the Enterprise Zone One boundaries. City of Roanoke Real Estate Valuation records indicate your ownership of one or more of the properties or businesses on this list. Virginia Enterprise Zone state regulations require the city of Roanoke to notify all property and business owners whose property is affected when a boundary amendment involves elimination of properties from current Enterprise Zone boundaries. The above records indicate that your property on the attached list will be affected by the Enterprise Zone One boundary amendment. You are being notified that a public headng regarding the proposed Enterprise Zone One boundary amendment is scheduled for Monday, August 17, 1998, at 7:00 PM in the City Council Chambers, Fourth Floor, Municipal Building located at 215 Church Ave. SW, Roanoke, VA 24011. Should you have any questions regarding this notice, please contact Lisa Fain, Enterprise Zone Administrator, at 540-853-2717. Sincerely, W. Robert Herbert City Manager If attachment; four pages of tax map numbers and addresses C-er+:- 'ed F'la,'l P /-7 5 ff.S I (¢,5 Room 364 Municipal South 215 Church Avenue. S.W. f~oanoke. Vlr~nlo 24011-1591 (540) 853-2333 FAX CifyWeb www, O.roonoke vous PROPERTIES PROPOSED TO BE REMOVED FROM ENTERPRISE ZONE ONE OWNER TAX MAP # PROPERTY ADDRESS American National Red Cross 1012003 Fourth St., S.W. (parking lot) American National Red Cross 1012002 Fourth St., S.W. (parking lot) American National Red Cross 1012411 360 Luck Ave., S.W. (parking lot) American National Red Cross 1012026 Fourth St. S.W. (parking lot) American National Red Cross 1012004 Church Ave., S.W. American National Red Cross 1012001 Church Ave., S.W. (parking lot) American National Red Cross 1012005 Church Ave., S.W. American National Red Cross 1012006 Church Ave. S.W. American National Red Cross 1012007 352 Church Ave., S.W. American National Red Cross 1012017 Luck Ave., S.W. Calvary Baptist Church 1113303 608 Campbell Ave., S.W. City of Roanoke 1011323 Church Ave., (sheriff) City of Roanoke 1011333 315 Church Ave., S.W. (courts bldg.) City of Roanoke 1011401 215 Church Ave., S.W. City of Roanoke 1011325 Church Ave., (sheriff) City of Roanoke 1011324 Church Ave., (sheriff) City of Roanoke 1011313 324 Campbell Ave., S.W. (city jail) City of Roanoke 1011310 330 Campbell Ave., S.W. (city jail) City of Roanoke 1011309 340 Campbell Ave., S.W. (city jail) City of Roanoke 1011331 Third St., S.W. (police) City of Roanoke 1011326 Church Ave., (sheriff) City of Roanoke 1011328 Church Ave., S.W. (court or sheriff bldg.) City of Roanoke 1322110 2120 Roanoke Ave., S.W. (Norwich Park) City of Roanoke 2012710 318 First St., N.W. City of Roanoke 2420206 2607 Salem Turnpike, N.W. (Horton Park) City of Roanoke 2012708 First St., N.W. Page 1 of 4 OWNER TAX MAP # PROPERTY ADDRESS City of Roanoke 1322024 Memorial Ave., S.W. (land under Memorial St. bridge) City of Roanoke 4012018 Williamson Rd., N.E. (parking garage) City of Roanoke 2011002 15 Patton Ave., N.W. (Gainsboro Library) City of Roanoke 3010104 median at Williamson Rd. & Wells Ave. City of Roanoke 1012103 220 Church Ave., S.W. (Commonwealth of VA Bldg.) City of Roanoke 1012104 Church Ave. (Lee Plaza) City of Roanoke 2012716 Wells Ave., N.W. City of Roanoke 1113414 Church Ave., S.W. (Jefferson Gym) City of Roanoke 2420208 Salem Turnpike, N.W. (Horton) City of Roanoke 1211402 Eleventh St., S.W. (Perry Park) City of Roanoke School Board 1113401 540 Campbell Ave. (Jefferson Center) Commonwealth of VA 1012440 Marshall Ave., S.W. (parking lot) Department of General Services Commonwealth of VA 1012432 Marshall Ave., S.W. (parking lot) Department of General Services Greater Roanoke Transit Co. 4110101 Norfolk Ave., S.E. (area in front of bus barn) Greater Roanoke Transit Co. 4110301 1108 Campbell Ave., S.E. Greene Memorial United 1012202 Second St., S.W. (parking lot) Methodist Church Greene Memorial United 1012201 402 Second St., S.W. Methodist Church Impact Housing Corp. 2011802 401 Gainsboro Rd., N.W. N&W Railway Company land fronting Jackson Ave. between 1 lth & 12th St. N&W Railway Company 1410103 Patterson Ave. (land north of end of Patterson) N&W Railway Company 1410114 land south of end of Patterson and north of Roanoke River Our Lady of the Valley, Inc. c/o 2011001 650 Jefferson St., N.W. Coordinated Services Roanoke Valley Resource 3030402 1020 Hollins Rd., N.E. (trash transfer Authority station) Page 2 of 4 OWNER TAX MAP # PROPERTY ADDRESS RRHA 2011801 First St. N.W. RRHA 1210634 1641 Salcm Ave., S.W. (Hurt Park) RRHA 2624 Salem Turnpike (Lansdowne Housing Project) RRHA 2011803 Gilmer Ave., N.W. RRHA 2012711 First St., N.W. RRHA 2012709 First St. N.W. RRHA 2012718 First St., N.W. RRHA 2012717 Wells Ave., N.W. Saim Andrews Catholic Church 3023001 631 Jefferson St., N.W. The Rescue Mission of 4012116 423 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012118 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012119 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012115 421 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012604 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012603 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012602 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012601 Dale Ave., S.E. Roanoke, Inc. The Rescue Mission of 4012210 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012117 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012208 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012107 321 Tazewell Ave., S.E. Roanoke, Inc. Page 3 of 4 OWNER TAX MAP # PROPERTY ADDRESS The Rescue Mission of 4012209 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012207 418 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012205 406 Fourth St., S.E. Roanoke, Inc. The Rescue Mission of 4012201 401 Tazewell Ave., S.E. Roanoke, Inc. The Rescue Mission of 4012206 Fourth St., S.E. Roanoke, Inc. Trustees St. Andrews Catholic 2021802 Jefferson St., N.W. Church Trustees, First Baptist Church 2012812 310 Jefferson St., N.W. Trustees First Baptist Church 1012460 515 Third St., S.W. Trustees First Christian Church 1012009 344 Church Ave., S.W. Trustees Central Church of the 1011911 425 Fourth St., S.W. Brethren Trustees Central Church of the 1011906 416 Church Ave., S.W. Brethren Trustees Central Church of the 1011910 Fourth St., S.W. Brethren Trustees Central Church of the 1011909 Church Ave., S.W. Brethren Trustees First Christian Church 1012008 Luck Ave., S.W. United States of America 1013104 210 Franklin Rd., S.W. (Poff Federal Bldg.) United States Postal Service 3015002 419 Rutherford Ave., N.E. (main P.O.) Virginia Museum of 1010140 303 Norfolk Ave., S.W. Transportation Virginia Holdings Corp. c/o NS 1410101 Furnace Rd., S.W. (roadway at end of Tax Dept. Patterson Ave.) YMCA 1011206 425 Church Ave., S.W. Ryder/ATE, Inc. 4110301 1108 Campbell Ave., S.E. Southwestern Virginia Transit 4110301 1108 Campbell Ave., S.£. Management Co., Inc. Page 4 of 4 Public Hearing Proposed Boundary Amendment for Enterprise Zone One Roanoke City Council Chambers - August 17, 1998 Roanoke, VA Purpose of Amendment To stabilize some existing commercial corridors by exchanging properties that cannot qualify for Enterprise Zone state tax credits and grants with properties that can qualify. Background on Enterprise Zone Benefits and Size 1. Agencies not paying corporate income taxes cannot benefit from the Enterprise Zone program. 2. Businesses must create jobs or make significant investments in rehabilitated or newly constructed buildings to get Enterprise Zone credits. Credits are applied to the state corporate income taxes owed by the business. 3. Legislation limits the size of an Enterprise Zone to 7% of the total land area. The maximum size Enterprise Zone for Roanoke is 1,906 acres. 4. The Enterprise Zone boundaries cannot be broken; all acreage must be contiguous. Proposal This proposal would remove 285.5 acres of property owned by public entities, public service agencies, and not-for-profit organizations from Enterprise Zone One. Property and business owners were notified of public hearing on plans to remove their property from Enterprise Zone One. All properties are highlighted on the attached map. This proposal would add 286.2 acres of property to Enterprise Zone One. The general areas include: rvlelrose Avenue Commercial Corridor, Roanoke-Salem Plaza, Blue Ridge l~ndustrial Park, Ninth Street Southeast Commercial Corridor, Sixth to Eight Street Southwest, and portions of Thirteenth Street Southwest near and under Memorial Bridge. All properties are highlighted on the attached map. Potential Benefits 2. 3. 4. 5. .]ob creation :Investment in property Use of vacant buildings and land Stabilization of commercial corridors contiguous to residential areas Greater quality of life