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HomeMy WebLinkAboutCouncil Actions 08-03-9833949 Swain ROANOKE CITY CO UNCIL REGULAR SESSION August 3, 1998 12:lS p. rrr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (Mayor Bowers was absent) Ao A briefing with regard to the D-Day Memorial. Received and filed. File #518 A report of the City Manager requesting an Executive Session to discuss a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry to locate its facilities in this community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. Concur in request for Council to convene in Executive Session. File/t132-207 A report of the City Manager requesting an Executive Session to discuss the expansion of an existing business where no previous announcement has been made of the business' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in this community, pursuant to Section 2.1-344 (A)(5), Code of Vir~nia (1950), as amended. Concur in request for Council to convene in Executive Session. File #132-207 At 1:20 p.m., the meeting was declared in recess until 2:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W. 2 ROANOKE CITY CO UNCIL REGULAR SESSION August 3, 1998 2:00 p. rtr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. (Mayor Bowers was absent) The Invocation was delivered by The Reverend Philip E. Motley, Pastor, Grandin Court Baptist Church. The Hedge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Harris. Welcome. Vice-Mayor Harris. 3 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, August 6, 1998, at 7:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541. 0 CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Vice-Mayor C. Nelson Harris requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #110-132 Executive Session. 4 C-2 C-3 A report of the City Manager requesting that a public hearing be scheduled for Monday, August 17, 1998, at 7:00 p.m., to consider recommendations made by the Office of Economic Development for proposed boundary amendments to Enterprise Zone One. RECOMMENDED ACTION: File #266-450 Concur in the request to schedule a public hearing for Monday, August 17, 1998, at 7:00 p.m. A report of the City Manager with regard to issuance of an emergency change order to the City's contract with J & W Sandblasting of North Carolina, Inc., for painting the interior of the Carroll Avenue Water Tank. RECOMMENDED ACTION: Receive and file. File #468 C-4 A report of the Director of Finance with regard to the cost-of-living adjustment for City retirees. RECOMMENDED ACTION: Receive and file. File #429 C-5 Qualification of the following persons: Brenda L. McDaniel as a member of the Roanoke Public Library Board for a term ending June 30, 2001; File #15-110-323 R. Matthew Kennell as a member of the Roanoke Arts Commission for a term ending June 30, 2001; File #15-110-230 Randall J. Scott as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000; File #15-110-429 Brian M. Shepard as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2001; and File #15-110-379 W. Alvin Hudson, Jr., as a member of the Fifth Planning District Commission to fill the unexpired term of C. Nelson Harris ending June 30, 2000. File #15-110-326 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board requesting appropriation of funds to certain school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 33949-080398 and Resolution Nos. 33950- 080398, 33951-080398 and 33952-080398. File #60-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIF, FINGS: 1 .(a) A report in response to remarks of Ronald A. Mathews relating to the alleged failure of the City to comply with labor laws. Received and filed. File #184-188 Request to address Council with regard to his allegations concerning the City's violations of FLSA usage and hour laws. Ronald A. Mathews, Spokesperson. Mr. Mathews' remarks were referred to the City Manager for his information. File #184-188 2.(a) A report in response to remarks of Evelyn D. Wheeler relating to the City's alleged non-compliance with the Employee Grievance Procedure. Received and filed. File #184-202 Request to address Council with regard to City employee issues. Evelyn D. Wheeler, Spokesperson. Ms. Wheeler's remarks were referred to the City Manager for his information. File #184-202 7 (c) Request to address Council with regard to the City's grievance procedure. Ronald A. Mathews, Spokesperson. Mr. Mathews' remarks were referred to the City Manager for his information. File #184-202 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for fiscal year 1998-99. Adopted Resolution No. 33953-080398. File #178-236 o A report recommending renewal of the City's contract with Wheelabrator Clean Water Systems, Inc., to remove, transport and dispose of digested, lagooned sludge from the Water Pollution Control Plant. Adopted Ordinance No. 33954-080398. File #468 A report recommending execution of an agreement with Martin & Associates, P. C., to provide architectural and engineering services necessary for the Police Annex Building; and appropriation of funds in connection therewith. Adopted Ordinance No. 33955-080398 and Resolution Nos. 33956-080398 and 33957-080398. File #5-60 8 A report with regard to donation of vehicles to be used in the Community Oriented Police Effort (C.O.P.E.). Adopted Resolution No. 33958-080398. File #5-68 A report recommending appropriation of additional funds totaling $862,062.00 for the Filth District Employment and Training Consortium. Adopted Ordinance No. 33959-080398. Council Member Swain requested that the City Manager provide a status report at the August 17 Council meeting with regard to the City's on-the-job training program. File #60-246 A report recommending an amendment to the contract between the City of Roanoke, Roanoke County, the City of Salem and Botetourt County for the integrated automated library system. Adopted Resolution No. 33960-080398. File #323 A report recommending adoption of a measure providing for the City's participation in Virginia's First Regional Industrial Facility Authority. Adopted Ordinance No. 33961 on first reading. File #20%450 9 b. CITY ATTORNEY: A report with regard to assessment of taxicabs for property tax purposes. Received and filed. File 047-79 A report relating to the Westview Terrace Section 6 - Habitat for Humanity, Inc., Project. Received and filed. Residents and representatives of Habitat for Humanity in the Roanoke Valley appeared before Council relating to a proposal of Habitat for Humanity, Inc., to construct approximately 34 houses in the Westview Terrace section of the City. The matter was referred to the City Manager to initiate negotiations with Habitat for Humanity to purchase the property for development of a City park or greenway space. The City Manager was requested to investigate the water drainage problems in the area and report back to Council. File 11399 l0 c. DIRECTOR OF FINANCE: 1. A financial report for the month of June, 1998. Received and filed. At the request of Council Member Swain, it was the consensus of Council that the matter of a two cent reduction in the real estate tax rate be referred to 1999-2000 budget study. At the request of Council Member Hudson, it was the consensus of Council that the matter of equipment replacement and unfunded projects be referred to 1999-2000 budget study. File #10-60 6. REPORTS OF COMMITTEES: ao A report of the Water Resources Committee recommending execution of the appropriate documents between the City and the County of Roanoke to establish a joint Firearms Training Range at the Dixie Caverns (landfill) site. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33962-080398. File #212-468 bo A report of the Bid Committee recommending award of a contract to U. S. Construction Company of Roanoke, to construct two new comfort stations for Eureka and Lakewood Parks; and appropriation of funds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance Nos. 33963-080398 Resolution No. 33965-080398. File #60-67 and 33964-080398 and Co A report of the Water Resources Committee recommending authorization for acquisition of property in Falling Creek Estates to provide safer access to the Falling Creek Filter Plant; and appropriation of funds in connection therewith. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance Nos. 33966-080398 and 33967-080398. File #60-468 do A report of the Water Resources Committee recommending authorization to vacate a portion of the public right-of-way along Norfolk Avenue, N. E., and execution of an agreement with Norfolk Southern Railway to allow an exchange of property relating to the Railside Linear Walk Project. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33968 on first reading. File #223-392-468 eo A report of the Water Resources Committee recommending execution of a lease agreement between the Greater Roanoke Transit Company and the City for space in the Campbell Court Transportation Center for use by the Personnel Management and City Information Systems departments. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33969-080398. File #202-301-373-468-515 A report of the Water Resources Committee recommending execution of a revocable license with the property owner at 1600 Westchester Avenue, S. W., to allow encroachment into the public right-of-way for construction of a twenty foot asphalt berm. Council Member Linda F. Wyatt, Chairperson. Adopted Ordinance No. 33970 on first reading. File #166-169-468 12 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Vice-Mayor and Members of City Council. Council Member Wyatt requested that the City Manager provide a status report with regard to the employee pay scale and fringe benefits study. File #18 Council Member Swain advised that he has received several complaints concerning drainage problems throughout the City, and requested a list of areas in the City with only sanitary sewer lines to handle drainage, which areas may be "trouble spots" for sewage and drainage back-ups. File #27 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Robert Gravely, 1412 Moorman Avenue, N. W., appeared before Council in support of concerns expressed by City employees relating to the City's grievance procedure. File #184-202 CERTIFICATION OF EXECUTIVE SESSION: (5-0) (Council Member White left the meeting prior to the Executive Session) Robyn Wilson was appointed to the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 1998. File #15-110-488 Dawn W. Spaulding was appointed to the Youth Services Citizen Board for a term ending May 31, 2000. File #15-110-304 Nancy J. Canova was appointed to the Fair Housing Board for a term ending March 31, 2001. File #15-110-178 Edward F. Lovell was appointed to the Roanoke Public Library Board for a term ending June 30, 2001. File #15-110-323 14 Barry W. Baird was appointed to the Building Code Appeals Board, Volume I, Building Construction Division for a term ending September 30, 2002. File #15-32-110 Dorothy L. Bull was reappointed to the Special Events Committee for a term ending June 30, 1999. File #15-110-317 Michael Brennan was reappointed to the Cultural Services Committee for a term ending June 30, 1999. File #15-110-394 Elizabeth M. Legg was reappointed to the Personnel and Employment Practices Commission for a term ending June 30, 2001. File #15-110-202 Raleigh Campbell was reappointed to the Human Services Committee for a term ending June 30, 1999. File #15-110-318 August 3, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Briefing - D Day Memorial Dear Mayor Bowers and Members of City Council: Please reserve space on Council's 12:15 p. m. agenda for a breifing pertaining to the above referenced subject. WRH/w cc: City Attorney Director of Finance City Clerk Respectfully submitted, W. Robert Herbert City Manager RECE '98 JUl,. 30 Al0:4,~ August 3, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia RE: Request for Executive Session Dear Mayor Bowers and Members of City Council: This is to request that Council convene in Executive Session to discuss a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in this community, specifically to discuss inducements that may be offered to such business or industry to locate its facilities in this community, pursuant to §2.1- 344(A)(5), Code of Virginia (1950), as amended. Sincerely yours, W. Robert Herbert City Manager WRH/kdc Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Phillip F. Sparks, Chief of Econornic Development '98 ,Jill 30 /~,10:44. August 3, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia RE: Request for Executive Session Dear Mayor Bowers and Members of City Council: This is to request that Council convene in Executive Session to discuss the expansion of an existing business where no previous announcement has been made of the business' interest in expanding in the community, specifically to discuss inducements that may be offered to such business to expand in this community, pursuant to {}2.1-344(A)(5), Code of Virginia (1950), as amended. Sincerely yours, W. Robert Herbert City Manager WRH/kdc cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Phillip F. Sparks, Chief of Economic Development DAVID A. BO~ Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 3, 1998 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda E Wyatt The Honorable 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, C. Nelson Harris Vice-Mayor CNH:se '98 ,]lJl_ 21 P 4:20 August 3, 1998 Honorable Mayor and Members of City Council Roanoke, VA Dear Council Members: Please schedule a public hearing for Monday, August t7, 1998, at 7:00 PM to discuss the recommendations made by the Office of Economic Development for proposed boundary amendments to Enterprise Zone One. Sincerely, City Manager If TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE PROPOSED ENTERPRISE ZONE ONE BOUNDARY AMENDMENTS REQUEST: '98 ,JUL 30 A9: 3 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Kimberly Duncan Carico, first being duly sworn, states that she is Executive Secretary to the Roanoke City Office of Economic Development, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provision of Section 15.2-2204, Code of Virginia (1950), as amended, on behalf of the Office of Economic Development of the City of Roanoke, she has sent by certified mail on the 304 day of July, 1998, notices of a public hearing (a copy of the notice is enclosed) to be held on the 174 day of August, 1998, on the proposed Enterprise Zone One Boundary Amendments to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 1012003 1012002 1012411 1012026 1012004 1012001 1012005 1012006 1012007 1012017 1113303 American National Red Cross 361 Luck Ave., S.W. Roanoke, VA24016 Trustees Calvary Baptist Church 608 Campbell Ave., S.W. Roanoke, VA 24016 Parcel 1011323 1011333 1011401 1011325 1011324 1011313 1011310 1011309 1011331 1011326 1011328 1322110 2012710 2320206 2012708 1322024 4012018 2011002 3010104 1012103 1012104 2012716 1113414 2420208 1211402 1113401 1012330 1012432 4110101 4110301 4110301 4110301 1012202 1012201 Owner's Name City of Roanoke City of Roanoke School Board Commonwealth of VA Department of General Services Greater Roanoke Transit Co. Ryder/ATE, Inc. Southwestern Virginia Transit Management Company, Inc. Trustees Greene Memorial United Methodist Church Mailing Address 215 Church Ave., Room 250 Roanoke, VA 24011 215 Church Ave., Room250 Roanoke, VA 24011 P. O. Box 1282 Roanoke, VA24006 P. O. Box 13247 Roanoke, VA24032 P. O. Box 13247 Roanoke, VA24032 P. O. Box 13247 Roanoke, VA 24032 402 Second St., S.W. Roanoke, VA24011 Parcel 2011802 Owner's Name Impact Housing Corp. Mailing Address 401 Gainsboro Rd., N.W. Roanoke, VA 24016 1410103 1410114 N&W Railway Co. 110 Franklin Rd. Roanoke, VA 24042 2011001 Our Lady of the Valley, Inc. c/o Coordinated Services 3333 Peters Creek Rd., N.W. Roanoke, VA 24019 3030402 Roanoke Valley Resource Auth. 1002 Hollins Rd., N.E. Roanoke, VA 24012 2011801 1210634 2011803 2012711 2012709 2012718 2012717 Roanoke Redevelopment & Housing Authority P. O. Box 6359 Roanoke, VA24017 3023001 2021802 Trustees Saint Andrews Catholic Church 631 Jefferson St., N.W. Roanoke, VA 24016 4012116 4012118 4012119 4012115 4012604 4012603 4012602 4012601 4012210 4012117 4012208 4012107 4012209 4012207 4012205 4012201 4012206 The Rescue Mission of Roanoke, Inc. P. O. Box 11525 Roanoke, VA24022 1012009 1012008 Trustees First Christian Church 344 Church Ave., S.W. Roanoke, VA 24016 Parcel 1011911 1011906 1011910 1011909 2012812 1012460 1013104 3015002 1010140 1410101 Owner's Name Trustees Central Church of the Brethren Trustees, First Baptist Church Trustees, First Baptist Church United States of America United States Postal Service Virginia Museum of Transportation Virginia Holdings Corp. c/o NS Tax Dept. Mailing Address 416 Church Ave., S.W. Roanoke, VA 24016 310 Jefferson St., N.W. Roanoke, VA 24016 P. O. Box 2799 Roanoke, VA24001 100 Penn Sq., Eam, Rm. 639 P~ladelphi~ PA 19107 419 Rutherford Ave.,N.E. Roanoke, VA24016 303 Norfolk Ave. Roanoke, VA 24016 110 Franklin Rd. Roanoke, VA 24042 Kimberly Duncan ~hrico SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 30m day of July, 1998. My Commission expires: Not~y Public Office of the CiP/Mcnager 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 hearing 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 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. c i. roanoke .va. us PROPERTIES PROPOSED TO BE REMOVED FROM ENTERPRISE ZONE ONE OWNER TAX MAP # PROPERTY ADDRESS American National Rod Cross 1012003 Fourth St., S.W. (parking lot) American National Rod Cross 1012002 Fourth St., S.W. (parking lot) American National Rod Cross 1012411 360 Luck Ave., S.W. (parking lot) American National Rod Cross 1012026 Fourth St. S.W. (parking lot) American National Red Cross 1012004 Church Ave., S.W. American National Rod Cross 1012001 Church Ave., S.W. (parking lot) American National Rod Cross 1012005 Church Ave., S.W. American National Rod 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. 0-Iorton 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 1010104 median at Williamson Rd. & Wells Ave. City of Roanoke 1012103 220 Church Ave., S.W. (Commonwealth of VA Bla .) 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 L641 Salem Ave., S.W. (Hurt Park) RRHA 2624 Salem Turnpike (Lansdownc 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. Saint 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 Thc Rcscuc Mission of 4012209 Fourth St., S.E. Roanoke, Inc. Thc Rcscuc Mission of 4012207 418 Fourth St., S.E. Roanoke, Inc. Thc Rescue Mission of 4012205 406 Fourth St., S.E. Roanoke, Inc. Thc Rescue Mission of 4012201 401 Tazcwcll Ave., S.E. Roanoke, Inc. Thc 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 51 $ Third St., S.W. Trustees First Christian Church 1012009 344 Church Ave., S.W. Trustees Central Church of thc 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.E. Management Co., Inc. Page 4 of 4 Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ft468 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report with regard to issuance of an emergency change order to the City's contract with J & W Sandblasting of North Carolina, Inc., for painting the interior of the Carroll Avenue Water Tank was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department RECEi\~E.C CITY CI~]c!~,'~ :]:~ '98 ,,,ltll_ 25) P 3:52 Office of the Cify Manager July 29, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Change Order - Painting Inside of Carroll Avenue Water Tank We have a contract in the amount of $39,000 with J & W Sandblasting of North Carolina, Inc. to paint the outside of Carroll Avenue water tank. The tank was taken out of service and inspected. The inside paint appeared satisfactory at the time and .the decision was made to paint only the outside of the tank (as well as two tanks at the Grandin Court site). When the contractor arrived to perform the work, the following conditions were found: The inside paint once dried began to flake and peel off. o Corrosion above the normal water line, e.g. above the cathodic protection, had caused structural damage to the top of the dome of the tank, around the access portal. I have authorized an emergency change order of $60,000 to sandblast and paint the inside of the tank and an additional $6,000 to cut out and re-weld the support around the access portal. This compares to a competitively bid price of $88,261 received in 1986 to paint the interior and exterior of the tank. This work is needed to be authorized immediately because the contractor is on the site and is scheduled to leave in two weeks. Also, we cannot put the water tank back into service with paint flaking into the water. A report of recommendation of a change order is being initiated and should reach Council for ratification at your Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853- CityWeb:www, ci roanoke.va.us The Honorable David A. Bowers, Mayor and Members of City Council July 29, 1998 Page 2 August 17, 1998 meeting. Please call Kit Kiser if you have questions. Thank you. Sincerely, W. Robert Herbert City Manager WRH:KBK:afm cc: Wilburn C. Dibling, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Jesse H. Perdue, Jr., Water Department Manager Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ~429 · andra H. Eakin r~puty c~y c~rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: A report with regard to the cost-of-living adjustment for City retirees was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: W. Robert Herbert, City Manager Jesse A. Hall, Deputy Director of Finance Joyce L. Sparks, Retirement Administrator, Department of Finance H:~AGENDAg~AUG3.WPO DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. August 3, 1998 '98 JILL30 A9:!5 FROM: SIJtMEC~. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance City of Roanoke Pension Plan Cost-of-Living Adjustment On May 11, 1998, City Council approved a 2.1% permanent cost-of-living adjustment (COLA) for eligible members of the City of Roanoke Pension Plan by Ordinance No. 33828-051198. On July 31, 1998 1,086 of the 1,216 retirees received this increase based on the following qualifications: · retired on or before July 1, 1997; · earned 120 months (10 years) of creditable service before retirement (except occupational disability); and · spousal qualifications based on above requirements for employee/retiree. The monthly increase in pensions for the COLA was $14,637 or $175,644 annually. The total estimated cost of this increase is $1,500,000 based on current actuarial assumptions. This report is to provide City Council with information and no action is required. // Director of Finance JDG/dS:s C: W. Robert Herbert, City Manager V~flburn C. Dibling, Jr., City Attorney Jesse Hall, Deputy Director of Finance Joyce Sparks, Retirement Administrator Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk August6,1998 File #15-110-323 · andra H. Eakin Deputy c~y C~rk Dennis Frye, Chair Roanoke Public Library Board Roanoke, Virginia Dear Mr. Frye: This is to advise you that on July 16, 1998, Brenda L. McDaniel qualified as a member of the Roanoke Public Library Board for a term ending June 30, 2001. Sincerely, ' Sandra H. Eakin Deputy City Clerk SHE:lo pc: Beverly A. James, Secretary, Roanoke Public Library Board H:~AGENDAGS~AUG3.WPO Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brenda L. McDaniel, do solemnly swear (or affirm) that I will support<:~he Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me thiskC--~ '~~"X.~.\ 1998. ARTHUR B. CRUSH, III, CLERK ~ ~_ DEPUTY CLERK N:~,CKLO1 ~AGENDA98~JUNE15.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1 $36 Telephone: (540) 853-2541 Fax: (540) 853-I145 August6,1998 File #15-110-230 SANDRA H. EAKIN Deputy City Clerk Brook E. Dickson, Chair Roanoke Arts Commission 523 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Dickson: This is to advise you that on July 16, 1998, R. Matthew Kennel qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2001. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Lanell Otey, Secretary, Roanoke Arts Commission H:~AG EN DAgS~AUQ3.WI=O Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, R. Matthew Kennell, do solemnly swear (or affirm) that I will supp(~~ the :.:~ Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2001, according to the best of my ability. So help me God. 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK N:~CKLOI~AG ENDA98~J U N E15.WPD 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 August6,1998 File #15-110-429 Deputy City Clerk Robert E. Tonkinson, Jr., Vice-Chair Board of Trustees, City of Roanoke Pension Plan 1830 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Mr. Tonkinson: This is to advise you that on July 24, 1998, Randall J. Scott qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: James D. Grisso, Secretary/Treasurer, Board of Trustees, City of Roanoke Pension Plan H:~AGENDAg~AUG3.WI=O '98 ,JUl. 24 A9:36 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Randall J. Scott, 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 Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this~ day ~ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK H:~AGENDAgS~JULYS.WPD MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chur. ch Avenue, S.W., Room 456 Roanoke, Virginia 24011-1 $36 Telephone: (540) 853-2541 Fax: (540) 853-1145 August6,1998 File #15-110-379 SANDRA H. EAKIN Deputy City Clerk Lee B. Eddy, Chair Roanoke Valley Greenways Commission 2211 Pommel Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Eddy: This is to advise you that on July 24, 1998, Bdan M. Shepard qualified as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2001. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Lucy R. Ellett, Secretary, Roanoke Valley Greenways Commission, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 H:~AGE~DAg~UG~WPO RECE' vc2F, "98 JIJL 27 P4:00 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brian M. Shepard, 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 Valley Greenways Commission for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of ~ul¢ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~GENDA98~JULY6.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 August6,1998 File #15-110-326 SANDRA H. EAKIN Deputy City Clerk J. Lee E. Osborne, Chair Fifth Planning District Commission 5152 Falcon Ridge Road Roanoke, Virginia 24014 Dear Mr. Osborne: This is to advise you that on July 29, 1998, W. Alvin Hudson, Jr., qualified as a member of the Fifth Planning District Commission to fill the unexpired term of C. Nelson Harris ending June 30, 2000. SHE:lo Sincerely, Sandra H. Eakin Deputy City Clerk pc: Wayne G. Strickland, Secretary, Fifth Planning District Commission, 3767 Parliament Road, S. W., Roanoke, Virginia 24014 H:~AGENDAg~AUG3.WF~ '~1:t JUL 29 P3:45 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, W. Alvin Hudson, Jr., 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 Fifth Planning District Commission to fill the unexpired term of C. Nelson Harris ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this .,,~, day of 0,,./~ ~1998. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:~,CKLOl~AGENDA98~JULY6.WPD Mary F. P~rker, CMCIAAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File g60-467 Sandm H. Eakin [~puty c~y c~rk W. Robert Herbert City Manager Roanoke, Virgida Dear Mr. Herbert: I am attaching copy of Resolution No. 33952-080398 authorizing the School Board for the City o£ Roanoke to expend funds in an amount up to $354,640.00, for an integrated technology system at Lucy Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc; Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public' Schools James D. Grisso, Director of Finance Deborah L. Glossbrermer, Financial Systems Accountant, Department of Finance H:~AGENDAOe~UGa. WlaO IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33952-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for an integrated technology system at Lucy Addison Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $354,640.00 for the cost of an integrated technology system at Lucy Addison Middle School (such integrated technology system hereinat~er referred to as "Project"). 2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (c) any other expenditure described in Treasury Regulations § 1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of debt expected to be issued for the Project is $354,640.00 3. This is a declaration of official intent under Treasury Regulation § 1.150-2. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE city Ck~rk Sandm H. F. akin O~puty c~ Ck~rk August 6, 1998 File ~-60467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33951-080398 authorizing the School Board for the City oi~ Roanoke to expend funds in an amount up to $56,381.00, for a media management system at Woodrow Wilson Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools James D. ~risso, Director of Finance Deborah L. Glossbrenner, Financial Systems Accountant, Department of Finance IN THECOUNCILFORTHECITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33951-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend fiands for a media management system at Woodrow Wilson Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $56,381.00 for the cost ora media management system at Woodrow Wilson Middle School (such media management system hereinat~er referred to as "Project"). 2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (c) any other expenditure described in Treasury Regulations § 1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of debt expected to be issued for the Project is $56,381.00. 3. This is a declaration of official intent under Treasury Regulation § 1.150-2. ATTEST: City Clerk. H:~EASUR~F~2HINT CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE city Ck~rk August 6, 1998 8andre H. Eakin Oeputy c~y c~rk File f~60-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33950-080398 authorizing the School Board for the City Of Roanoke to expend funds for architectural and enginoodng services in an amount up to $540,000.00,- for vadous schools including certain elementary schools and governor's school and declaring the City's intent to borrow to fund or reimburse such expenditures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:lo Attachment pc: Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools James D. Gdsso, Director of Finance Deborah L. Glossbrenner, Financial Systems Accountant, Department of Finance IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 3rd day of August 1998. No. 33950-080398. A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for architectural and engineering services for particular school buildings and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Board of the City of Roanoke is authorized to expend out of the City's capital improvement fund up to $540,000.00 for the cost of architectural and engineering services for various schools including certai'h elementary schools and governor's school (such architectural and engineering services hereinafter referred to as "Project"). 2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City ("Bonds"), provided that each such expenditure to be reimbursed shall be (a) a capital expenditure, (b) a cost of issuance of the Bonds, or (e) any other expenditure described in Treasury Regulations § 1.150-2(d)(3) or any successor provision thereto. The maximum principal amount of&bt expected to be issued for the Project is $540,000.00. 3. This is a declaration of official intent under Treasury Regulation § 1.150-2. ATTEST: City Clerk. H:~SXSCHINT MARY Iv. 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 6, 1998 File #60-467 SANDRA H. EAKIN Deputy City Clerk Mm'sM W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Vh'ginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33949-080398 amending and reordainin8 certain sections of the 1998-99 School Capital Projects Fund Appropriations, providing for appropriation of funds in connection with various school capital projects. The aboverefereneed measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure pc~ Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelly, Assistant Superintendent for Operations, Roanoke City Public Schools W. Robert Herbert, City Manager James D. Grisso, Director of Finance Deborah L. Glossbrenner, Financial Systems Accountant, Department of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33949-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ao~)rooriations Education Capital $ 39,552,622 Architectural/Engineering Services (1-2) ........................ 1,060,000 Integrated Technology System - Addison (3) ..................... 354,640 Media Management System (4) ............................... 56,381 Series 2000 Bonds (5) ...................................... (3,121,009) Revenue Due from State Grant Funds (6) ............................... $ 1 ) Appropriated from Bond Funds 2) Appropriated from State Grant Funds 3) Appropriated from Bond Funds 4) Appropriated from Bond Funds 5) Public Improvement Bonds - Series 2000 6) Due from State (031-060-6096-6896-9001) ( 031-060-6096-6896-9007) (031-060-6095-6896-9001) (031-060-6094-6896-9001) (031-060-9709-9182) (031-1221) 540,000 520,000 354,640 56,381 951,021) 520,000 520,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. City of Roanoke Roanoke, Virginia August 3, 1998 '98 JlJl.. 30 Pt:54 FROM: SUIMEC'T: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for Appropriation of School Capital Projects Fund We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $1,060,000 for architectural and engineering services for school capital projects to be completed by FY2002. Funding of $520,000 will be provided by state construction grant funds. Proceeds from the sale of Series 2000 bonds will cover the remaining $540,000 of this total. $354,640 for an Integrated Technology System for the Lucy Addison Middle School. This will be supported by proceeds from the sale of Series 2000 bonds. $56,381 for the Media Management System for Woodrow Wilson Middle School. This component is part of the school's integrated technology system. This new program is funded by proceeds from the sale of Series 2000 bonds. We recommend that you concur with this request of the School Board. / Directo~ of ~inanee JDG/DG/pac Attachments c: Debbie Glossbrenner, Financial Systems Accountant ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST 1997 Capital Bond Issue/State Conslruction Grant Architectural/Engineering Services 6096 031-060-6096-6896-0829 031-060-6096-6896-0829 031-060-6096-6896-0829 031-060-6096-6896-0829 031-060-6096-6896-0829 Appropriation Unit ZMB Architectural Services- Elementary Additions (Pre 1960) Architectural Services- Elementary Additions (Post 1960) Architectural Services- Elementary Additions (Gymn.'s) Engineering Services - Air Conditioning Replacement Architectural Services - Governor's School $ 350,000.00 33.0 225,000.00 21.2 150,000.00 14.2 170,000.00 16.0 165,000.00 15.6 $ 1,060,000.00 100.0 031-060-6096-6896-9001 031-060-6096-6896-9004 Bond Funds State Construction Grant Funds $ 540,000.00 50.9 % 520,000.00 49.1 % $ 1,060,000.00 100.0 % Capital Funds from the 1997 Capital Bond Issue and the 1999 State Construction Grant will be used to finance architectural and engineering design services for school capital projects to be completed by FY2002. The appropriation request will fund 80% of the project design costs incurred up to the bid award but not including construction administration services. The funding for design services for the Governor's School will be reimbursed through a future Literary Fund Loan for the project. The Governor's School has agreed to pay interest on funds advanced for the project. July 14, 1998 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST 1997 Capital Bond lssue for Technology Integrated Technology System -Addison 6096 031-060-6095-6896-0826 Appropriation Unit ZMA Integrated Technology $ 354,640.00 100.0 % 031-060-6095-6896-9001 Bond Funds $ 354,640.00 100.0 % The above approlMation request will provide bond funds for the purchase of the integrated technology system for Lucy Addison Middle School. July 14,1998 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST t~7 Capital Bond Issue for Technology Media Management System - Woodrow Wilson 60~4 031-060-6094-6896-0826 Appropriation Unit ZM9 Media Management System $ 56,381.00 100.0 % 031-060-6094-6896-9001 Bond Funds $ 56,381.00 100.0 % The above approl~iation request will provide bond funds for the purchase of the media management component of the integrated technology system for Woodrow Wilson Middle School. July 1 Marsha W. Ellison, Chairman F.B. Webster Day Brian J. Wishneff Melinda J. Payne, Vice Chairman Sherman P. Lea Dr. E. Wayne Harris, Superintendent ' Charles W. Day Ruth C. Willson,~.~,~, ~c r'~- ~,~ ~E Cindy H. Lee, Clerk of the Board fRoanoke 'x City School Board P.O. Box 13145, Roanoke, Virginia 24031 '~40~-~:~81 ~x-a~ 540-853-2951 July 29, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official action at its July 14 meeting, the School Board requests the following appropriations: $1,060,000.00 for architectural and engineering design services for school capital projects. Funding will be provided from capital funds from the 1997 Capital Bond Issue and the 1999 State Construction Grant. $354,640.00 for the integrated technology system for Lucy Addison Middle School. Funding will be provided from the 1997 Capital Bond Issue for Technology. $56,381.00 for the purchase of the media management component of the integrated technology system for Woodrow Wilson Middle School. Funding will be provided from the 1997 Capital Bond Issue for Technology. The Board appreciates the approval of these requests. Sincerely, Cin~y~H. e~el Cler~k re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ann Allen (with accounting details) Preparing Students for Success Mary F. Parker C~y Cbrk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File #184-188 8andra H. Eakin Deputy c~y c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report in response to remarks of Ronald A. Mathews relating to the alleged failure of the' City to comply with labor laws was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire-EMS H:~AGEN~.W~O Office of the City Manager August 3, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: On Monday, July 6, 1998, a former member of the Fire-EMS Department, Mr. Ron Mathews, addressed council concerning two issues. First, Mr. Mathews contends that the Fire-EMS Department is not adhering to Department of Labor (DOL) regulations relating to overtime pay for employees who provide ambulance service. Fire-EMS Administration has met with the local office of DOL and provided all requested information of work schedules, tasks, and percentage of time spent performing ambulance and firefighting duties. Additionally, Fire-EMS Chief Grigsby has contacted DOL requesting formal documentation of concerns and/or problems with the Fire-EMS Department's applications and interpretation of labor regulations. Verbally, DOL has expressed concerns, but has not issued any written determination of alleged Violations. DOL has not presented anything else to the City in writing. We will work very closely with DOL to clarify any concerns and to address issues that may be raised. The second issue raised by Mr. Mathews concerned the safety of employees performing EMS functions and citizens who receive service from the employees who are working a twenty-four hour shift. Prior to adopting the current work schedule, substantial research was conducted to determine the affect on public safety. Due to the number of medic units and medically trained personnel available, we firmly believe that the twenty-four hour shift does not present a safety concern to our citizens or department personnel. Dr. Carol Gilbert, Operational Medical Director for the city, is fully aware of the department's workload and shift schedule. In fact, the Fire-EMS Department's work volume, shift configuration and task assignments compare favorably with industry standards and is common to many firefighting/emergency medical services Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke,va.us The Honorable David A. Bowers, Mayor and Members of City Council August 3, 1998 Page 2 departments throughout the country. If you have additional concerns or wish a more detailed breakdown of how the Fire- EMS Department administers that program, we will arrange a full briefing. Also, if the Department of Labor formally cites the City for any violation of labor regulations, we will work closely with the City Attorney's Office to address the concerns. We will keep Council advised of significant developments in this area. Sincerely, W. Robert Herbert City Manager WRH/w CC: Mary F. Parker, City Clerk James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. (3risso, Director of Finance (3eorge C. Snead, Director of Public Safety James (3rigsby, Chief, Fire-EMS Mary F. Parker, CMC/AAE c~y c~rk CITY OF ROANOKE Office of the City Clerk August 7, 1998 File #184-188-202 8andre H. Eakin D, puty C~y Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 3, 1998, Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia, addressed Council with regard to the alleged failure of the City to comply with Labor Laws and the City's Employee Grievance Procedure; and Evelyn Wheeler, 3021 Ashwood Circle, N. E., addressed Council with regard to City employee issues. The remarks of Mr. Mathews and Ms. Wheeler were referred to you for your information. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Ronald A. Mathews, Route 3, Box 203, Goodview, Virginia 24095 Evelyn D. Wheeler, 3021 Ashwood Circle, N. E., Roanoke, Virginia 24012 Wilbum C. Dibling, Jr., City Attorney Kenneth S. Cronin, Manager, Personnel H:~AGENDAg6~AUG3.WPO August3,1998 The Honorable David a. Bowers, Mayor and Members of City Council Roanoke, Virginia RE: Remarks of Evelyn D. Wheeler Dear Mayor Bowers and Members of Council: At the regular meeting of the City Council held on July 6, 1998, Evelyn D. Wheeler, a City employee, appeared before City Council and raised certain issues with respect to the City's Grievance Procedure. By motion, City Council requested the City Manager and City Attorney to respond to the issues raised by Ms. Wheeler. In addition, City Council requested the City Manager to prepare a report on the number of grievances filed during the past ten years and the disposition of each case. This report will address the issues raised by Ms. Wheeler in the order in which she raised them and will, thereafter, provide the statistical information requested by City Council. First, Ms. Wheeler stated that statements and supporting evidence of the grievant are disregarded prior to the Personnel and Employment Practices Commission (PEPC) hearings. There are four steps in the Grievance Procedure prior to the hearing before a panel of the PEPC. The steps are (1) informal meeting with immediate supervisor, (2) department manager, (3) director and (4) city manager. It is the policy of the City to encourage resolution of employee problems and complaints, without resort to the formal grievance procedure, through open and free discussion of such complaints with immediate supervisors and the various levels of management. Many employee complaints and concerns are resolved informally without resort to the formal Grievance Procedure. To the extent that complaints cannot be resolved informally, the Grievance Procedure provides an immediate and fair method for the resolution of disputes. See §1, Personnel Operating Procedure (POP) No. 6. Of those that are taken to the Grievance Procedure, a significant number are resolved at the informal meeting with the immediate supervisor. At this very informal level, the employee's complaint is not reduced to writing nor is the immediate supervisor's response submitted in writing. Although many grievances are resolved at this informal level, there is no statistical data because of the informal, non-written format. As established by the statistics subm,tted later in this report, 99 of 134 grievances which proceeded beyond the first, informal step were resolved prior to the PEPC hearing The Honorable David A. Bowers, Mayor and Members of City Council August 3, 1998 level. Accordingly, it would appear that statements and evidence submitted by employees prior to the Commission level hearings are being accorded considerable weight and given careful review and consideration. Second, Ms. Wheeler objected to the composition and qualifications of members of the PEPC, and she also objected to vacancies on the Commission. Attached to this report is a copy of {}2-83, Code of the City of Roanoke (1979), as amended, which establishes the qualifications of members of the PEPC. Effective June 30, 1998, a vacancy was created on the nine-member PEPC as a result of the resignation of James Blackwell, who had served since January 2, 1996. The remaining members of the PEPC are Jeanette Harden (WF), I. B. Heinemann (WM), Alfphonso Holland (BM), Stephen Jamison (VVM), Jennifer Mulligan (WF), Elizabeth Legg (WF), L. Bane Coburn (WM), and Carol Wright (BF). Thus, the current membership consists of three white males, one black male, three white females and one black female. Three City of Roanoke employees are included in the membership of the PEPC. One employee currently serves on each of the three-member panels of the PEPC. The employee members are Elizabeth Legg, currently a police sergeant who at the time of her original appointment was a police officer, L. Bane Coburn, Civil Engineer, and Carol Wright, Administrative Assistant. None of the City employee members of the PEPC is a manager or administrator. Five of the eight members of the PEPC are members of protected classes. It is true that from time to time there are vacancies on the PEPC. It is, of course, impossible for City Council to find high quality appointees to fill vacancies overnight. Time is required for recruitment and careful consideration of appointees. Third, Ms. Wheeler complained that members of the PEPC suffer from conflic°: of interests. It is undoubtedly true that members of the PEPC will be acquainted with employee-grievants, administrators, counsel and witnesses appearing before the PEPC. Even in formal judicial proceedings where more pristine standards apply, it is not unusual that judges and juries will be acquainted with the parties, counsel and witnesses. Mere acquaintance, even in the formal judicial setting, does not require automatic disqualification, however. Prior to any grievance hearing, the grievant is accorded an opportunity to raise any preliminary matters, such as to object to any panel member the grievant believes to suffer from a conflict of ~nterests. The panel then, with the assistance The Honorable David A. Bowers, Mayor 3 and Members of City Council August 3, 1998 of its independent legal counsel, rules as to whether the particular panel member should be disqualified. In this way, conflicts of interests are addressed by the PEPC. Ms. Wheeler also alleged that panels of the PEPC have violated §2-85.1(d) of the City Code which prohibits a panel member from hearing a grievance involving his or her own department, office or agency of City government. Again, if an employee believes that this section is being violated, the employee should raise this issue prior to the hearing so that it can be ruled upon by the panel with the advice of its independent legal counsel. We are not aware of any grievance where a member of the panel has heard a grievance involving his or her own department, office or agency. Fourth, Ms. Wheeler complained that the PEPC does not choose its own chair and vice-chair. The PEPC held its last annual meeting on August 15, 1997, at which time it elected a chairperson and a vice-chairperson. At the annual meeting, the nine-member PEPC divided itself into three hearing panels of three members each. Diversity has always been considered by the PEPC in the assignment of its members to panels. It is true that every member of the panel is not always available when his or her time comes up to participate on a hearing panel. In such cases, the chair of the commission appoints another panel member from the available list. The next annual meeting of the Commission will tentatively be held in August, 1998. Historically, it is true that the PEPC has on several occasions failed to hold its annual organizational meeting because of its under strength condition. We will recommend to the PEPC in the future that it hold its annual meeting regardless of whether the group is at full strength so long as a quorum is available. Fifth, Ms. VVheeler complained that, over the past ten years, forty-four grievances have come before a panel of the PEPC and an employee has not won any grievance. The statistical data that follows will establish that since July 1992, (the most complete data available) 134 formal complaints which raised grievable issues were filed and that ninety- nine of these grievances were resolved at the administrative level (prior to a panel hearing of the PEPC). Of the 35 grievances that were not resolved at the administrative level and proceeded to a panel hearing, in three of these grievances, the decision of management was overturned by the PEPC. The Honorable David A. Bowers, Mayor and Members of City Council August 3, 1998 4 Step II Step III Step IV Subtotal PEPC Department Director City Manager Manager Total Grievances Resolved at Step I -Unknown- Total Grievance Filed (July '92 - June '98) 134 71 53 35 Resolved to satisfaction of Gdevant (43) (12) (7) (62) * Employee choice not to proceed to next (20) (6) (11) (37) step Number Grievances taken to next step 71 53 35 · Of the thirty-five (35) Grievances taken to the PEPC, the administration's ac'don was overturned on three (3). We hope this information is responsive to Council's request. Respectfully submitted, W. Robert Herbert City Manager WRHNVCD/ff Attachment ,~Wilburn C. Dibling, Jr. City Attorney 2-72 ROANOK~ CODm ~ees. 2-'73--2-8~. Reserved. DIVISION 2. PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION See. 2-88. Established; composition; appointment, terms and qualifications of members. (a) There is hereby created and established a personnel and employment practices commission to consist of nine (9) membe~ to be selected by the city council pursuant to the provisions of section 2-281 o( this Code. Initially, three (3) members shall be appointed to serve a term ending June 30, 1977, three (3) for a term ending June 30, 19'/8 and three (3) for a term endi~ Juno 30, 1979. Thereafter, the council shall appoint members For three (3) year terms. (b) The council shall ensure that the membership of the commission consists of at least three (3) protecmd clam members, as defined by Title VII of the Civil Rights Ac~ of 1964 (as mended 19'/2), 42 u.s.c., 2000e-2(a)(2), and at least two (2) members from the classified service of the city. (c) All of the commission members shall have thoee characteristics of open mindednes, and fairnem required to fairly and impartially hear and resolve diffeFences. The momberdlip, as · whole, shall embrace, to the extent practleablo, acrom section of tho type persons comprbinl the ciq~'s work force; i.e., service/maintenance throulh offieial/adminiotrators. No constitutional, cour~ or council- appointed officer shall be eliliblo for appointment to tho com-,iesion. (Ord. No. 2443'/, J 1 (Ch. 13.02, ! 1), 12-11-78) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE C~ Clerk 8andre H. Eakin r~puty city Ck~rk August 6, 1998 F~e #178-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attachin~ copy of Resolution No. 33953-080398 authorizing the execution of an agreement in the amount of $787,251.00, with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for fiscal year 1998- 1999. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, Roanoke, Xr~rginia 24017 James D. Grisso, Director of Finance W'dliam F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development Evelyn S. Lander, Acting Chief of Planning and Community Development phillip F. Sparks, Chief of Economic Development and Crrants Diane S. Akers, Budget Administrator, Office of Management and Budget W. Robert Herbert August 6, 1998 Page 2 p¢~ H. Daniel Pollock, Jr., Coordinator, Housing Development Mariam K. Alam Stacy, Coordinator, Neighborhood Partnership Charles A. Harlow, Grants Monitor, Grants Compliance H:~AGENOAg6~UG3.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33953-080398. A RESOLUTION authorizing the execution of an agreement with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant (CDBG) funds for FY 1998-1999. BE IT RESOLVED by the Council of the City of Roanoke as follows: I. 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, an agreement, and any necessm¥ amendments thereto, if necessm¥, within the limits of funds set forth in this report for the purposes specified herein, with the Roanoke Redevelopment and Housing Authority for services related to the administration of Community Development Block Grant funds for FY 1998-1999 as more particularly set forth in the City Manager's report and attachment dated August 3, 1998. 2. Such agreement shall be in the amount of $787,251.00 in CDBG funds, and upon such terms and conditions as deemed necessm~y by the City Manager and as set forth in the City Manager's repo~t dated August 3, 1998. 3. The form of said agreelnent, and any necessm3, amendments thereto, shall be approved by the City Attorney. ATTEST: II IHS RR-('I)')a WPD City Clerk. Roanoke, Virginia August 3, 1998 98-20 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1998-99 Community Development Block Grant (CDBG) Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) mo Historically, the RRHA has administered numerous CDBG and HOME Investmell[ Partnerships (HOME) activities for the City, including housing rehabilitation and economic development activities. City Council authorized the RRI-IA's 1998-99 CDBG activities and funding as part of the Annual Update to the Consolidated Plan (Annual Update) approved for submission to the U.S. Department of Housing and Urban Development (HUD) on May 11, 1998, by Resolution No. 33830-051198. City Council accepted the 1998-99 CDBG fund.q on June 15, 1998, pending receipt of the approval letter from HUD, by adopting Resolution No. 33875-061598 and Budget Ordinance No. 33874-061598. HUD approval of the Annual Update is forthcoming. The letter of approval is completing the routine Congressional release process. II. Current Situation: mo A total of $787,251 in CDBG funds has been budgeted for the RRHA's 1998-99 CDBG Agreement. (See Attachment A of the Agreement.) $757,651 in new and carry-over CDBG funds are budgeted for the RRHA',s 1998-99 project and support costs for eight (8) CDBG-funded activities. $30,000 in CDBG funds are budgeted for the RRHA's 1998-99 general administrative costs relating to the CDBG-funded activities. City Council is requested to anprove execution of an Agreement with the RRHA in order to implement the CDBG and HOME activities and permit reimbursement to the RRHA for costs incurred. Members of Council Page 2 III. IV. Issues: A. Cost to the City. B. Administrative capability. C. Timine. D. Impact on community_ development. E. Consistency with the Annual Update. Alternatives: Authorize the City. Manager or the Assistant City. Manager to execute, and the City Clerk to attest, the 1998-99 CDBG Agreement with the RRHA (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and the purposes set forth in this report. Cost to the City will be $787,251 in CDBG funds, which includes the amount needed to complete carry-over projects and support HOME-funded projects. Funding is available in the CDBG accounts listed in Attachment A of the Agreement. Administrative capability will be assured by executing the Agreement. The RRHA possesses extensive knowledge and experience in the types of activities to be conducted. Timing is important since previous contract expired on June 30, 1998, and several ongoing activities are included in the Agreement. Impact on community development will be positive. These CDBG funds provide for twelve (12) community development and housing activities outlined in the Annual Update and are of vital importance to the quality of life in the City. o Consistency with the Annual Update will be achieved. The activities and funding covered by the Agreement are specifically authorized in the Annual Update for implementation by the RRHA. Members of Council Page 3 Do not authorize execution of the 1998-99 CDBG Aereement with the RRHA. Cost to the City would depend on the cost of performing the activities directly with existing and additional City staff or of contracting for services from other agents. Administrative capability to perform the various activities is available in some cases with existing City staff. However, other capability would have to be obtained by hiring additional CDBG-funded staff and/or contracting with private agencies. Some projects may be limited without the RRHA's redevelopment and acquisition authority. Timing would be adversely affected. Implementation of program activities would be delayed until necessary staff could be hired and trained or until other arrangements could be made. Impact on community, development would be negative if assistance with the twelve (12) community development and housing activities was delayed or withdrawn. o Consistency with the Annual Update would not be achieved, since the RRHA is specifically identified as the agency which will implement the housing and community development activities covered by the Agreement. Recommendation: Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to execute, and the City Clerk to attest, the 1998-99 CDBG Aereement with the RRHA (similar in form and content to Attachment 1) and amendments thereto, if necessary, approved as to form by the City Attorney within the limits of funds and the purposes set forth in this report. Respectfully submitted, W. Robert Herbert City Manager WRH:FEB/LSS Members of Council Page 4 Attachments CC.' Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Human Development Chief of Planning and Community Development Chief of Economic Development & Grants Budget Administrator Housing Development Coordinator Neighborhood Partnership Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment & Housing Authority AGREEMENT This Agreement is made and entered into this __ parties: day of__ 1998, by and between the following The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee City of Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No.33875-061598 the Roanoke City Council approved the 1998-99 CDBG program, and by Ordinance No.33874-061598 appropriated funds therefor; and WHEREAS, by Resolution No. __-__ the Roanoke City Council approved the execution of this subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, by Resolution No.__ the Subgrantee's Board of Commissioners approved the execution of this subgrant agreement between the Grantee and the Subgrantee; NOW, THEREFORE, the parties hereto mutually agree as follows: PART I - SCOPE OF SERVICES The Subgrantee shall perform the tasks enumerated below in a satisfactory and proper manner, as determined by the Grantee, within the scope of the 1998-99 Grant Programs Funds Appropriations for CDBG provided for the services included herein and approved by the Roanoke City Council,: A. Housing Programs The Subgrantee shall administer the housing programs briefly described below in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee and incorporated herein by reference. Guidelines may be modified with the approval of the Grantee's City Manager or Assistant City Manager and the Subgrantee's Executive Director or his or her designee. Guidelines shall not be modified administratively when the result would be to add or delete program activities or otherwise fundamentally alter the nature or intent of any program. 1. Quick Response to Emergencies -- assistance to eligible homeowners to repair or replace seriously substandard components of the owner's home. Page 1 of 12 (Attachment 1) Critical Assistance Repair for the Elderly (C.A.R.E.) -- assistance to eligible elderly homeowners for non-cosmetic home repairs. Operation Paintbrush -- assistance to eligible homeowners for exterior painting, siding, and minor repairs intended to improve the viability of the neighborhood by reducing exterior deterioration in area homes. o Consolidated Loan Program -- assistance to eligible homeowners and homebuyers and owners of substandard rental properties for housing rehabilitation. A combination of active and deferred loans and grants will be offered to provide an equitable level of assistance among the different types of applicants and the activities supported. The forms of financial assistance to be made available may vary with the income and age of each applicant and with the type of activity assisted. The types of rehabilitation activities which may be assisted include: (a) Owner-Occupied Rehabilitation -- rehabilitation of substandard homes owned and occupied by eligible families. (b) Purchase/Rehabilitatioll -- rehabilitation of vacant substandard houses to be purchased by eligible families. (c) Rental Rehabilitation -- rehabilitation of small rental properties. HOME Program Support and Pre-development Costs -- In addition to using designated funds under this Agreement to deliver CDBG-funded housing activities, the Subgrantee shall as well provide support, including staffing, for the Subgrantee's HOME-funded housing activities to be implemented under a separate HOME agreement with the Grantee. Funds for support of the Consolidated Loan Program shall also support the Historic Gainsboro and the Enterprise Zone set-aside programs and Gainsboro Lot Acquisition/Homeownership Initiative. CDBG funds may also be used for eligible pre-development costs associated with HOME-funded projects. Procurement of Contractors -- The Subgrantee shall obtain contractors for needed rehabilitation services according to its standard, written procurement procedures, ensuring that all such contractors comply with applicable HUD regulations, including those relating to lead-based paint. Procurement procedures will offer beneficiaries opportunities to select from among the various contractors available while maintaining a competitive selection process. "Eligible" Beneficiaries -- For the purposes of this Agreement, an "eligible" beneficiary shall mean: bo A homeowner or homebuyer whose family income meets low- and moderate-income limits established by HUD in accordance with 24 CFR 570.3, or Where income exceeds the limits referenced in 7.a., a homeowner or homebuyer whose intended use of the CDBG assistance meets a "slums and blight" objective in accordance with 24 CFR 570.208(b) or results in the property's sale to or tenancy by a family meeting the income limits referenced in 7.a. Page 2 of 12 (Attachment 1) The Subgrantee shall prepare and retain with the project files appropriate records that it has determined the eligibility of each beneficiary, including adequate supporting documentation to verify that applicable income or slums and blight criteria have been met. o Iarge.&Ar.g~ -- In order to maximize the impact of limited resources, guidelines for the various activities enumerated above may be targeted to specific areas within the City. In those cases where assistance is provided to achieve a slums and blight objective in the City's Conservation Areas and Rehabilitation Districts, guidelines will define the CDBG~eligible areas in accordance with the 1997 update prepared by the City's Housing Development Office, such update being incorporated into this Agreement by reference. B. Commercial/Industrial Development Shaffers Crossing Phase I -- For the term of this Agreement, the Subgrantee shall continue to assist the Grantee in completing the redevelopment of the Shaffers Crossing Redevelopment area, including mowing and maintaining the properties and conducting real estate closings as needed. All expenses related to Shaffers Crossing property acquisition, disposition, site clearance/improvements, maintenance, engineering and plan development shall be charged directly to the Shaffers Crossing Phase I account. Property Disposition -- For the term of this Agreement, the Subgrantee shall continue to assist in the sale of parcels available in all Redevelopment Areas, including the Kimball, Downtown East, Deanwood, Shaffers Crossing and Gainsboro areas. All contacts with potential developers shall be coordinated between the Grantee's Chief of Economic Development and the Subgrantee's Office of Development. Each of these parties or representatives shall be afforded the opportunity to be present at any showing of any available site by either the Grantee or the Subgrantee. Negotiations incidental to land sales will also be coordinated between the aforementioned parties. Expenses related to land disposition shall be charged directly to the affected program account. Deanwood Industrial Park -- For the term of this Agreement, the Subgrantee shall conduct required environmental assessments, legal activities and real estate closings, as needed, for this industrial park area, currently consisting of a five (5) acre tract fronting on Orange Avenue and Plantation road, N.E. and a two (2) acre tract located at Hollins Rd., N.E. All expenses related to Deanwood property, disposition, site clearance/improvements, and maintenance, shall be charged directly to the Deanwood account and not to the Subgrantee's general program administration. The Grantee shall provide limited site development and marketing of the available properties. C. Property Maintenance The Subgrantee shall be responsible for the upkeep and maintenance of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these activities shall be charged directly to applicable program accounts or to the property maintenance account and not to the Subgrantee's general program administration account. All equipment purchases, as part of this activity, must receive prior approval of the Grantee. If funding is not available in project accounts, property Page 3 of 12 (Attachment 1) maintenance costs can be paid out of the separate property maintenance account. CDBG-funded property maintenance must be approved as eligible by the Grantee. These costs must be identified and billed per each individual specific activity or project. D. General Adminintration The Subgrantee shall provide management, fiscal services and such other general administrative support as may be required to ensure satisfactory completion of the activities listed in the Scope of Services. Additionally, the Subgrantee shall provide the following: Lead-Based Paint Analyzer -- The Subgrantee shall store, test and maintain the Lead-Based Paint Analyzer and submit the required documentation to the State. CDBG funds for the maintenance and testing of this equipment are included in the general administration account. Relocation Assistance and Counseling -- In accordance with HUD regulations and guidelines, and within the limits of funds available for such purposes under this Agreement, the Subgrantee shall provide relocation assistance and guidance to residents and businesses displaced by the projects and activities enumerated in Part I above. General Administration of Community. Development/Economic Development Activities -- Prior ~ -- The Subgrantee shall continue to service outstanding loans, forgivable and/or deferred payment loans, grants, etc., made in previous years, as appropriate and in accordance with guidelines of the specific programs. Such programs include: Private Rehabilitation Loans; Rental Rehabilitation; Neighborhood Stabilization and Enhancement; Section 312; Down Payment and Closing Cost Assistance; and local CDBG loans. The Subgrantee shall provide counseling to parties delinquent in their repayments in a reasonable effort to avoid foreclosure under the loan programs referenced in this part. However, where delinquencies persist, the Subgrantee shall institute appropriate collection procedures including foreclosures. The Subgrantee shall maintain and protect properties on which it has foreclosed and, in consultation with the Grantee, shall arrange for resale, assumption of loan, or other disposition of the property. Community Interaction ~- The Subgrantee shall assist the Grantee in the performance of such basic community-oriented tasks as the following: a. Planning, organizing and implementing neighborhood meetings. b. Planning, organizing and implementing the Consolidated Plan public workshops and/or hearings associated with the Grantee's annual application process. Redevelopment Plans - Preparation and Amendment -- In conjunction with the City's Office of Planning and Community Development, the Subgrantee shall produce and amend as needed Redevelopment Plans for areas within the City. Page 4 of 12 (Attachment 1) Return of Debt Service Reserve Funds from the Private Rehabilitation Loan Program -- The Subgrantee shall report outstanding principal balances of loans made under the Single-Family Mortgage Loan Program and return excess debt service reserve funds from the related mortgage revenue bonds dated 1981, 1982, 1983, 1984, 1985, 1987, 1988, 1989, 1990, and 1992. Excess debt service reserve funds shall be submitted to the Grantee prior to September 30, 1998. Pro_re'am Coordination -- Appropriate staff of the Subgrantee and Grantee shall meet and consult regularly and as determined needed by either party. Such staff of the Grantee may include, but are not limited to, the City Manager, Assistant City Manager, Director of Public Works, Building Commissioner, Chief of Community Planning, Housing Development Coordinator, Chief of Economic Development, and Office of Grants Compliance Grants Specialists. The intent of such meetings and consultations shall be to facilitate the efficient and effective implementation of the program activities listed above, and consider the need for and planning of other activities of the Grantee and/or Subgrantee, consistent with the general purpose of community development and neighborhood revitalization. PART H - COMPENSATION AND METHOD OF PAYMENT A. Program Funds CDBG funding for the program activities specified in Part I of this Agreement shall be made available to the Subgrantee as detailed in Attachment A. The Subgrantee shall not, without prior written approval from the Grantee, exceed the total funding allocated to any account nor the amount allocated to any category (i.e. "project"; "support"; "admin") within any account. Further, the amounts designated to support HOME activities shall be expended solely for this purpose. B. Program Income Program income from any and all sources, including interest earned by the program income itself, shall be submitted to the Grantee on a monthly basis. C. Disbursement Procedure. s The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days prior to the date that actual disbursements are needed. Cash advances shall be reasonably estimated and itemized; excess advances will not be allowed. Cash advances will be recorded as Accounts Receivable due from the Subgrantee. Funds should be disbursed by the Subgrantee within ten (10) days of receipt of the advance. The Subgrantee shall submit, by the fifth working day of each month, a monthly report to the Director of Finance and a copy to the Office of Grants Compliance, indicating the actual expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantee. The Subgrantee also shall submit time allocation reports in a form acceptable to the Grantee. No additional cash advances shall be made to the Subgrantee until these reports are submitted. Monthly financial status reports issued by the Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing within ten (10) working days Page 5 of 12 (Attachment 1) of receipt of said report. Approval of reimbursement requests will be subject to timely receipt of the monthly reports as detailed here and in Paragraph IV. B of this Agreement. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days after the contract expiration date. D. Annual Audit and Monitorin~ The Subgrantee shall provide for an independent audit of CDBG expenditures under this Agreement for the period set forth in Part IV.A., in accordance with Circular A-133. Within 30 days following its completion, two copies of the audit report shall be furnished to the Grantee. In addition, it is the intention of the Grantee to conduct financial, compliance and performance monitoring of the Subgrantee, which may include on-site reviews, at least once during the period of this Agreement. To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. PART lH - GRANTEE RESPONSIBILITIES A. General Guidance The Grantee's Office of Grants Compliance shall provide general guidance and direction to the Subgrantee concerning the intent and operation of any programs developed by the Grantee which are to be administered by the Subgrantee under this Agreement. Additionally, other parties and/or departments of the Grantee may provide specific guidance and direction as needed. Reports prepared by Grantee staff for presentation to City Council pertaining to matters under this Agreement shall be provided to the Subgrantee for review and comment ten (10) working days before the date of the Council meeting. The Grantee shall make available such existing reports, maps, records or other data as may assist the Subgrantee's performance of services under this Agreement. Page 6 of 12 (Attachment 1) C. Project Piannin_~ Unless otherwise approved by the Grantee, public improvements such as streets, curb and gutter, public utilities, etc. within a Redevelopment Area shall be the responsibility of the Grantee. Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City Engineer. D. Non-Personnel Costs - Program Development Except by the Grantee's prior written approval, the Subgrantee shall neither incur nor be reimbursed for expenses relating to the development and implementation of a new program or the continuation of an existing program not contained in Part I of this Agreement. PART IV - PERFORMANCE AND RECORD KEEPIN(~ The Subgrantee shall commence the provision of the services described in Part I of this Agreement as of July 1, 1998, and continue through June 30, 1999. Reporting requirements and annual audit shall cover the full program year period from July 1, 1998, through June 30, 1999. B. Reporting Requirements By the 15th calendar day following the end of each quarter, the Subgrantee shall report the progress of each activity covered by this Agreement, in a format acceptable to the Grantee's Office of Grants Compliance. Such quarterly reports shall include, but not be limited to, the following: 1. List of monthly gross program income receipts from all sources. 2. List of property purchased with CDBG funds and titled to the Subgrantee, with quarterly updates. 3. Proration of staff time allocated to each activity covered under this Agreement, in accordance with a cost allocation plan acceptable to HUD. The Subgrantee agrees to submit any other reports as requested by the Grantee concerning activities covered under this agreement. C. Retention of Records All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of this Agreement. Appropriate City and/or HUD personnel shall have free access to these records for the period of this Agreement and the subsequent three-year retention period. Page 7 of 12 (Attachment 1) PART V - THIRD PARTY CONTRACTS AND BIDS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. PART VI - PERSONNEL The Subgrantee represents that it has or will secure all personnel required to perform the services under this Agreement, within the limits of funding provided. Such employees shall not be employees of or have any contractual relationship with the Grantee. All of the services required hereunder will be performed by the Subgrantee or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. PART VH - UNIFORM ADMINISTRATIVE REQUIREMENTS The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment B, those described in 24 CFR 570.502, and all other applicable CDBG and federal regulations relating to specific programs performed hereunder. All proposals for CDBG-assisted rehabilitation in the City will be submitted to the Grantee's Office of Grants Compliance for determination of the structure's eligibility for inclusion on the National Register of Historic Places. If a property is historically eligible, all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for review as to compliance with Section 106 of the National Historic Preservation Act. PART VIH - CONFLICT OF INTEREST No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activities, may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for him or herself or his or her family or business associates, during their tenure or for one (1) year thereafter. PART IX - INDEMNITY PROVISION Each party hereto agrees to indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, legal actions and judgments and expenses resulting therefrom, arising out of each party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement. In the event that the parties are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to the extent of its own negligence. PART X - ENTIRE AGREEMENT This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. Page 8 of 12 (Attachment 1) PART XI - TERMINATION OF AGREEMENT FOR CAUSE In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subgrantee materially fails to comply with any term of the Agreement. This Agreement may also be terminated for convenience in accordance with 24 CFR 85.44. Community Development Block Grant funding to be made available by the City of Roanoke under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the City of Roanoke, this Agreement may be terminated in whole or in part. PART Xll - REVERSION OF ASSETS Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either (1) be used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or (2) be disposed of in a manner which results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with the above. PART Xlll - GOVERNING LAW This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: Mary F. Parker, City Clerk Manager\Assistant City Manager ATTEST: FOR THE SUBGRANTEE: John P. Baker, Executive Director Page 9 of 12 (Attachment 1) APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date: Director of Finance Account #: (See Attachment A) Page 10 of 12 (Attachment 1) ATTACHMENTS ATTACHMENT A: RRHA CDBG Project Accounts for 1998-99 ATTACHMENT B: Required Federal Regulations Page 11 of 12 (Attachment 1) 1998-99 RRHA CDBG Agreement Financial Accounts Attachment A Program Account Number Project Support Admin Total Quick Response to 035-098-9820-5203 3,000 Emergencies 035-099-9920-5203 40,000 035-099-9910-5076 25.000 Subtotal 43,000 25,000 68,000 Critical Assistance for 035-099-9920-5003 90,000 Elderly 035-099-9910-5002 25.000 Subtotal 90,000 25,000 115,000 Operation Paintbrush 035-099-9937-5102 59,104 035-099-9910-5048 25.000 Subtotal 59,104 25,000 84,104 Consolidated Rehab 035-098-9820-5112 36,473 Program (including HOME 035-099-9920-5112 216,541 support) * 035-099-9910-5042 64,146 035-099-9910-5030 133.954 Subtotal 253,014 198,100 451,114 HOP Subsidy Program 035-099-9910-5338 2,000 2,000 (HOME support) Down Payment/Closing 035-099-9910-5331 5,000 5,000 Costs (HOME support) Shaffers Crossing Phase I 035-095-9530-5145 7,833 035-098-9810-5047 1,500 035-099-9910-5047 500 Subtotal 7,833 2,000 9,833 D eanwood 035 -098 -9830 -5051 12,200 035-099-9910-5001 2.500 Subtotal 12,000 2,500 14,700 Property Maintenance 035-099-9920-5352 7,500 7,500 General Admin 035-099-9910-5035 30,000 30,000 Totals $472,651 $284,600 $30,000 $787,251 * The $36,473 funding shown for account 0354)98-9820-5112 is the balance remaining in the account after subtracting $22,685 requested for disbursement since July 1, 1998. Page 12 of 12 (Attachment 1) Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ~468 ~andm H. Elkin D, puty cay c~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33954-080398 authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., in the amount of $1,001,550.00, for removal, transporting and disposing of digested lagooned sludge l~om the City's 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 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: Bio Gro Systems, Inc., A Division of Wheelabrator Clean Water Systems, Inc., 180 Admiral Cochrane Drive, Suite 305, Annapolis, Maryland 21401 James D. G-risso, 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 H:~AGENDA96~UC~.WPO W. Robert Herbert August 6, 1998 Page 2 pc' Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant H:~AGENDA96~UG3.WI~ IN TFIE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33954-080398. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Wheelabrator Clean Water Systems, Inc., for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated December 13, 1993, with Wheelabrator Clean Water Systems, Inc., extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $91.05 per dry ton, not to exceed 11,000 dry tons during the period of September 1, 1998, through August 31, 1999, for an amount not to exceed $1,001,550 as more particularly set forth in the report of the City Manager to Council dated August 3, 1998. 2. The form of the amendment shall be approved by the City Attorney. 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. '98 J!JL 30 August 3, 1998 Council Report No. 98-158 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: FIFTH YEAR CONTRACT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA ~ on the subject in chronological order is as follows: A. Wheelabrator Clean Water Systems. Inc., had a one year contract to remove, haul, and dispose of digested, lagooned sludge from the Water Pollution Control Plant. The contract was from September, 1994 to September, 1995, with the option to renew for four (4) additional one year periods. Sludge is the residual product resulting from the treatment of sewage. B. Present contract price is $89.54 per dry ton for a minimum of 7,000 dry tons (and a maximum of 11,000 dry tons) for the one year contract. C. Price fluctuation Der dry ton of sludge is based on the Consumer Price Index (CPI). The present contract is as follows: June 1997 CPI was 160.3 and the dry ton cost for 1997-1998 was ~89.54. June 1998 CPI is 163.0. June 1998 163.0 - June 1997 160.3 = 2.7 2.7 .-' 160.1 = 1.68% increase $89.54 x 1.68% increase = $91.05 per dry ton for 1998-1999 This would be the per ton cost of the fifth year of the five (5) year agreement. D. Option was taken for five years because of the time required to have land parcels approved for sludge application. II. Current situation is as follows: Fifth year contract with Wheelabrator Clean Water Systems, Inc.. would be a ~lnit orice of $91.05 per dry ton with a minimum of 7,000 dry tons, or $637,350, and a maximum of 11,000 dry tons, or $1,001,550. Honorable Mayor and Members of City Council FIFTH YEAR CONTRACT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA August 3, 1998 Page 2 The base contract would be for the 7.000 dry tons with additional tonnage being approved monthly by administrative change order. III. Issues in order of importance are as follows: ADDroval or re!ection of fifth year contract Time Fundin_o IV. Alternatives in order of feasibility are as follows: Ao Authorize the Cit_v Manager to enter into a contractual agreement for the fifth _year of a five year option, with Wheelabrator Clean Water Systems, Inc., to remove and properly dispose of digested, lagooned sludge at the rate of $91.05 per dry ton. Contract shall not exceed 11,000 dry tons for the amount of $1.001.550 for the one year contract. Approval of the fifth year contract would be at the rate of ~)1.05 per dry ton, not to exceed 11,000 dry tons, or $1.001.550. 2. Time of the contract is for one (1) year. Fundin~o is available in account number 003-056-3150-2010 and prior years retained earnings. The other jurisdictions who contract for sewage treatment services will pay their prorated share through reimbursement to the City of Roanoke with the monthly sewage treatment charge to those jurisdictions. Reiect the renewal of the contract. Re!ection of the fifth year contract would mean the accumulating sludge would not be disposed of in a timely manner. Lagoons would fill and possibly overflow before another contractor could get permits approved for land application. Honorable Mayor and Members of City Council FIFTH YEAR CONTRACT REMOVE, TRANSPORT AND DISPOSE OF DIGESTED, LAGOONED SLUDGE FROM THE WATER POLLUTION CONTROL PLANT 1402 BENNINGTON STREET, S.E. ROANOKE, VIRGINIA August 3, 1998 Page 3 Time would not be a factor for the fifth year renewal of the contract. Fundin_o would not be encumbered at this time. Mo Recommendation is as follows: City Council concur in alternative "A" and take the following action: Ao Authorize the City Manager to renew the contract with Wheelabrator Clean Water Systems, Inc., for the fifth year to remove, transport, and dispose of sludge at the rate of $91.05 per dry ton, not to exceed 11,000 dry tons, for an amount not to exceed $1.001.550. Time of contract is one year, and funding is available in the Sewage Treatment Fund. Respectfully submitted, .W~Robert Herbert City Manager WRH/LBC/bs C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Manager, Water Pollution Control Plant Mary F. Parker, CMC/AAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File #5-60-249 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33955-080398 amending and reordaining certain sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $222,300.00, in connection with a contract with Martin & Associates, P. C., to provide architectural and engineering services necessary for the Police Annex Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment W. Robert Herbert, City Manager William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police Charles M. Huffine, City Engineer James D. Grisso August 6, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Alicia F. Stone, Accountant, Contracts and Fixed Assets Ellen S. Evans, Construction Cost Technician H:~AGENDA~8~AUG~.WF~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33955-080398. 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: Am3ropriations General Government $ 15,688,108 Police Building Construction (1) .............................. 1,117,300 Capital Improvement Reserve $ 2,541,612 Public Improvement Bonds - Series 2000 (2) .................... (3,015,836) 1) Appropriated from Bond Funds (008-052-9564-9001) $ 222,300 2) Buildings (008-052-9709-9183) (222,300) 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 Cay Ck, rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ft5-60-249 8andra H. F. akin Deputy cay Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33956-080398 authorizing the execution of a contract with Martin & Associates, P. C., (with McClaren, Wilson & Lawrie, Inc., as prime police facilities subconsultant), in the amount of $296,800.00, for architectural and engineering services needed for the Police Annex Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: Martin & Associates, P. C., 5007 Carriage Drive, S. W., Roanoke, Virginia 24018 James D. Grisso, Director of Finance William F. Clark, Director, Public Works George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police Charles M. Huffine, City Engineer C:ILANELLIAUG~ W. Robert Herbert August 6, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Alicia F. Stone, Accountant, Contracts and Fixed Assets Ellen So Evans, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33956-080398. A RESOLUTION authorizing acontra~ with Martin &Associaes, P.C.(with McClare% Wilson & Lawfie, Inc. as prime police facilities subconsultant), for arcNtecmral and engineering services needed for the Police Annex Building. TttEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Martin & Associates, P.C. (with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant), in the amount of $296,800 for the preparation of plans and architectural and engineering services for the Police Annex Building as described in the City Manager's report to this Council dated August 3, 1998. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's report to this Council dated August 3, 1998. ATTEST: City Clerk. Mary F. Parker, CMC/AAE c~ c~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File #5-60-249 ~ndra H. Eakin Deputy c~y Cbrk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33957-080398 declaring the City's intent to reimburse itself in the amount of $222,300.00, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497- 072197, adopted July 21, 1997, for certain expenditures to be made in connection with architectural and engineering consulting services for the proposed police annex building; and providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: James D. Gris$o, Director of Finance William F. Clark, Director, Public Works GeOrge C. Snead, Jr., Director, Public Safety W. Robert Herbert August 6, 1998 Page 2 pc: A. L. Gaskins, Chief of Police Charles M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Alicia F. Stone, Accountant, Contracts and Fixed Assets Ellen S. Evans, Construction Cost Technician H:~AGENDAG~'~UG~WI::~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33957-080398. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with architectural and engineering consulting services for the proposed police annex building; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $222,300 appropriated by an ordinance simultaneously adopted by the City Council on August 3, 1998, for certain expenditures to be made in connection with the architectural and engineering consulting services for the proposed police annex building from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the proposed police annex building is $ 3,840,000 all as is more fully set forth in the August 3, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the V'u'ginia Freedom of Information Act, {}2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. RECEi'v F.{'~ f.:ITY CL~~::, ~.~; -'?: ;iii "98 JlJL31 A9:38 August 3, 1998 Council Report No. 98-162 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: ARCHITECTURAL & ENGINEERING CONSUL TING SERVICES PROPOSED POLICE ANNEX BUILDING Proposal No 98-05-43 I. Background on the subject in chronological order is as follows: City Council authorized preparation of a Long-Range Facilities Master Plan by the Vitetta Group Incorporated (Alexandria, Virginia) and its subsidiary, Daniel C. Smith & Associates, i.D November 1995. Included as part of that study was the Roanoke City Police Department and its current facility, the Third Street Annex. The existing building provides approximately 29,600 square feet of gross floor space to the department. Final recommendations of Long-Range Facilities Master Plan were presented to Council in February 1997. The first priority recommended under the plan by the consultant was to construct a public safety building, and in particular a new facility for the police department. The report identified a need for nearly 60,000 square feet of gross floor space for the department to meet current program needs and staffing levels -- twice the floor space currently available in the department's Third Street Annex. City Council adopted the Five-Year Capital Improvement Pro.qram (CIP) for fiscal years 1998-2002 in July 1997. Proposal for first phase of new police facility was included under "Supplemental Capital Improvement Program - Priority I" in CIP. CIP recommendation was made to purchase an existing building, renovate the two existing floors and add a third floor to provide approximately 30,000 square feet of gross floor space for police department. Under Ordinance No. 33807-050498, City Council authorized acquisition of property located at 348 Campbell Avenue, S.W. to house proposed police annex facility. $820,000.00 of 1997 General Obligation Bond proceeds were appropriated for the purchase of the facility, title reports, and related property acquisition costs. Legal advertisement was placed in May 17, 1998 editions of Roanoke Times and Richmond Times, and in May 21, 1998 edition of Roanoke Tribune, soliciting proposals from qualified A&E consulting firms/teams to provide the required professional services required to design the proposed police annex building. Scope of services outlined in City's "Request for Proposals" (RFP) includes review and revision of projected staff and space needs as enumerated in "Long-Range Facilities Master Plan" for police department (pre-design/programming services); preparation of schematic design documents, preliminary design (35%) documents, and complete construction (bid) documents; provision of assistance during bidding phase; and, provision of construction administration services. Honorable Mayor and Members of City Council ARCHITECTURAL & ENGINEERING CONSULTING SERVICES PROPOSED POLICE ANNEX BUILDING Council Report 98-162 August 3, 1998 Page 2 II. Current situation is as follows: Two (2) consultant design teams submitted replies to City's Request for Proposals, and based on the quality of the consultants that comprised each design team, interviews were scheduled with both teams to provide the desired services. (No distinct basis could be determined as to why only two design teams responded, over 20 copies of the RFP were sent out from the Office of City Engineer.) The two respondents were: Sherertz Franklin Crawford Shaffner, Inc. (w/Daniel C. Smith and Associates and Phillips Swager Associates, specialists in planning and design of police departments/facilities) 305 South Jefferson Street Roanoke, Virginia 24011-2003 Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.) (w/McClaren, Wilson & Lawrie, Inc., specialists in planning and design of police departments/facilities) 5007 Carriage Drive, S.W. Roanoke, Virginia 24018 Following interviews with the two design teams, Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.) of Roanoke was selected to provide the needed services.. The selection team noted that the police facility design specialists (McClaren, Wilson & Lawrie, Inc.) have been involved in the planning and design of nearly one hundred public safety facilities over the last decade. III. Issues in order of importance are: A. Competent architect and police facilities design consultant B. Fundinq C. Time IV. Alternatives in order of feasibility are as follows: Award a lump sum contract to Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.) of Roanoke, Virginia to provide planning, architectural and engineering consulting services required to plan and design proposed police annex building. Required services will be as generally described under Paragraph I.F Honorable Mayor and Members of City Council ARCHITECTURAL & ENGINEERING CONSULTING SERVICES PROPOSED POLICE ANNEX BUILDING Council Report 98-162 August 3, 1998 Page 3 above. These services will be furnished for an agreed to maximum lump sum amount of $296,800.00. The consultant estimates that the pre-design phase will require 10 weeks, the schematic phase six weeks, preliminary design phase eight weeks, construction document phase 14 weeks, bid and contract phase 10 weeks, and the construction phase about 12 months. (If drawings cannot be located, consultant will require an additional three weeks to develop "as-built" drawings on existing building.) 1. Competent architect and police facilities desiqn consultant would be retained to perform needed planning and design services. Funding in the amount of $3,840,000.00 was approved for project by voters as part of November 1997 bond referendum, with fee for A&E services to be appropriated from subsequent sale of those bonds. Funding of $820,000.00 for the building acquisition and $75,000.00 toward the A&E fees have been appropriated thus far. 3. Timing would be met (see Paragraph under IV.A above); police department would get much needed additional facilities. B. Do not award a consulting services agreement at this time. Competent architect and police facilities desiqn consultant would not be retained at this time to perform needed planning and design services; ability to attract same consultant team in future would be questionable. 2. Funding would not be encumbered at this time. 3. Timinq for project would be extended; police department would not get needed additional facilities. Recommendation is as follows: A. City Council concur with "Alternative IV.A" and take the following actions: Authorize the City Manager to enter into a contractual agreement with Ronald M. Martin & Associates, P.C. (t/a Martin & Associates, P.C.), with McClaren, Wilson & Lawrie, Inc. as prime police facilities subconsultant, to provide architectural and engineering services necessary for Police Annex Building for the lump sum amount of $296,800.00 and approximately 24 months to complete the pre-design phase, to design new facility, prepare contract documents and provide construction administration services. Honorable Mayor and Members of City Council ARCHITECTURAL & ENGINEERING CONSULTING SERVICES PROPOSED POLICE ANNEX BUILDING Council Report 98-162 August 3, 1998 Page 4 Appropriate $222,300.00 from proceeds from sale of Series 2000 bonds to Capital Projects Fund account 008-052-9564-9001, "Police Building Construction." The breakdown shown below includes the cost for basic A&E services; reimbursable expenses related to travel, hotel, meals, reproduction of five sets each of schematic, preliminary and bid (construction) documents, and other such expenses; the cost to provide "as-built" drawings of existing building (if such drawings cannot be obtained from former building owner); and, the cost to advertise the Request for Proposals. Fee for Basic A&E Services Reimbursable Expenses (travel, hotel, meals, etc.) Prepare "As-Built" Drawings Advertise RFP Appropriated Previously (33761-040698) Net Amount Requested 280,000.00 11,000.00 5,800.00 500.00 (75,000.00) 222,300.00 Adopt a resolution indicating the City's intent to reimburse itself $222,300.00 upon the issuance of Series 2000 General Obligation bonds. The maximum amount of bonds anticipated to be issued related to the police facility is $3,840,000.00. WRH/cma C; Respectfully submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director of Public Works Director of Public Safety Chief of Police City Engineer Manager, Supply Management Assistant to the City Manager for Community Relations Project Manager Budget Administrator Accountant, Contracts and Fixed Assets Construction Cost Technician Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ft5-68 · andra H. Ealdn ~pmy city Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33958-080398 accepting the donation of the use of certain motor vehicles for the police department and authorizing an agreement between the City and the. owners of the motor vehicles. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: Woodson Pontiac, Inc., d/b/a Rick Woodson Honda, 3__~Y~_ w;".'ams~n R,-m,~. N. W., Roanoke;, Virginia 24012 Berglund Chevrolet, Inc., 1824 Williamson Road, N. W., Roanoke, Virginia 24012 James D. Gdsso, Director of Finance George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works A. L. Gaskins, Chief of Police Barry L. Key, Manager, Office of Management and Budget Glenn A. Asher, Risk Management Officer D. Darwin Roupe, Manager, Supply Management H:~AGEN~UG~.WI~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33958-080398. A RESOLUTION accepting the donation of the use of certain motor vehicles for the police department and authorizing an agreement between the City and the owners of the motor vehicles. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council, pursuant to Section 2-263 of the Code of the City of Roanoke (1979), as amended, hereby accepts the donation of two new Honda motor vehicles from Woodson Pontiac Inc., d/b/a Rick Woodson Honda and two new motor vehicles from Berglund Chevrolet Incorporated, upon certain terms and conditions. 2. The City Manager is authorized to enter into an agreement with said firms to provide for use of the vehicles for $1.00 per vehicle as lease payment for calendar year 1998, and the agreements shall be subject to renewal on a year-to-year basis. The agreements shall further provide that the City will maintain the vehicles in good working order. The agreements shall be approved as to form by the City Attorney. 3. Council hereby expresses its sincere gratitude to Woodson Pontiac Inc., d/b/a Rick Woodson Honda and Berglund Chevrolet Incorporated, for their generosity in making these vehicles available to the City for use in the police department. 4. The City Clerk is directed to send a certified copy of this resolution to the authorized representatives of Woodson Pontiac Inc., d/b/a Rick Woodson Honda and Berglund Chevrolet Incorporated. ATTEST: City Clerk. August 3, 1998 98 - 411 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: DONATION OF VEHICLES TO BE USED IN COMMUNITY ORIENTED POLICING EFFORT (C. O. P. E.) II Background: Seven years ago, the Police Department created a specialized unit called C.O.P.E. (Community Oriented Policing Effort) to bring community policing to the City. The original design of the Unit called for two (2) eight (8) person teams to work two individual neighborhood-s. This required the Unit to have two (2) van type vehicles to accommodate both teams. The Roanoke Ci _ty's C.O.P.E. Unit has been recognized throughout the community for its very specialized police services that utilize community policing and creative problem solving techniques. To forward Council's Vision statement that "the Ci_ty of Roanoke will be a communi _ty of stable, safe, caring, and friendly neighborhoods," the C.O.P.E. Unit has expanded their services to all (4) quadrants of the city. This C.O.P.E. Unit expansion results in the need for a minimum of four (4) additional vehicles. Current Situation: In support of the City's mission to promote the development of public/private partnerships and to assist our City government to operate more efficiently, two local car dealerships have offered to donate the use of four (4) vehicles to the C.O.P.E. Unit. With very few stipulations, these dealerships have offered to continue to replace these vehicles on an annual basis. B. City Code requires City Council approval for gifts of a value over $5,000. The use of the following vehicles are being conditionally offered by the following car dealerships: III. Do Issues: Members of Council Page 2 Woodson Pontiac Inc., d/b/a/Rick Woodson Honda: Has offered the use of two (2) new 1998 Honda, 4X4, CRV's, Sport Utility Vehicles, each valued at more than $19,000. Berglund Chev. Inc.: Has offered the use of a 1996 Jeep Cherokee 4X4 and a 1996 Chevrolet Lumina. Even though both are used, both are "Program Cars" with very low mileage, and are in excellent condition The value of these vehicles, if purchased, would be in excess of $25,000. All vehicles mentioned above have all possible accessories that normally come on police vehicles that are purchased. The stipulations mentioned in II A, and agreed upon by both car dealerships are as follows: 1) Each vehicle would be marked the same as all other uniformed police vehicles with the exception being that there would be no emergency light bar placed on the roof of the vehicles. Instead, emergency lights would be installed onto the dashboard inside the vehicle, and inside the front grill portion of the vehicle. 2) A decal reading "This Vehicle Donated by Rick Woodson Honda", or "This Vehicle Donated by Berglund Chevrolet" in one inch block letters on the rear of each vehicle as appropriate and approved by the City. 3) Each car dealership would sign a lease agreement with the City of Roanoke, leasing the vehicles each for $1.00 per month, with no established ending period. 4) The City would indemnify both dealers as to liabilities as to the maintenance, operation, and use of these vehicles by the City and any of it's employees. Expansion of C.O.P.E. Unit Establishment of new public/private partnerships Legal D. Cost IV. Members of Council Page 3 Alternatives: City Council accept four (4) vehicles being offered for use by local car dealers as described in Sections II. B. and II. C. pursuant to City Code Sec.2-263 and authorize the City Manager to sign an agreement with the car dealerships establishing terms and agreements for use and care of the vehicles. The donated use of these vehicles will assist the Ci_ty to efficiently expand the C.O.P.E. Unit into each quadrant of the City. 2. The City's efforts to develop public/private partnerships will be enhanced. o Legal issues will be addressed. The conditions and the lease agreements with the dealerships will be approved by the City Attorney. The City would indemnify both dealers as to liabilities regarding the maintenance, operation, and the use of these vehicles by the City and City employees. The Ci_ty will save up to $65,000. The vehicles will cost the city $48. annually ($1 per month per vehicle) plus routine operations and maintenance costs. The dealerships have offered to replace these vehicles on an annual basis. Do not accept four (4) vehicles being offered for use by local car dealers as described in Sections II. B. and II. C. pursuant to City Code Sec.2-263 and do not authorize the City Manger to sign an agreement with the car dealerships establishing terms and agreements for use and care of the vehicles. 1. The C.O.P.E. Unit will still expand into each quadrant of the City. The City's efforts to develop public/private partnerships would not be enhanced. 3. Legal requirements would not be an issue. The ci_ty would need to provide additional vehicles to the C.O.P.E. Unit at a cost up to $65,000. Vo Members of Council Page 4 Recommendation is that City Council: mo Approve Alternative "A" and accept four (4) vehicles being offered for use by local car dealers as described in Sections II. B. and II. C. pursuant to City Code Sec.2-263. Bo Authorize the City Manager to sign an agreement, approved by the City Attorney, with the car dealerships establishing terms and agreements for use and care of the vehicles. WRH: ALG:CDA:rlr CC; City Attorney Director of Finance Director of Public Safety Director of Public Works Police Chief Office of Management and Budget Risk Management Supply Management Respectfully submitted, City Manager RECE~VF_C: '98 JUI. 31 P5:02 Office of the City Manager August 3, 1998 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Donation of Vehicles to be used in Community Oriented Policing Effort (C.O.P.E.) Dear Mayor Bowers and Members of Council: We would like to provide additional information on the Council Report requesting City Council approval to enter into agreements with two local car dealerships to accept the donation of four vehicles to be used by the City's Community Oriented Policing Effort (C.O.P.E.) Unit. We are excited about the possibility to create this type of public/private partnership in our community. As you know, finding ways to increase police presence in our neighborhoods and enhancing community support for our police department is a top priority of this administration. This arrangement, initiated by the Police Department, will help the department be more visible as well as save money that can then be redirected to help us address other pressing community needs. The City Attomey has no legal objections to this partnership and this arrangement is allowable under City Code Sec. 2-263. In addition, members of the Police Department administration have talked directly with Woodson Pontiac Inc. d/b/a Rick Woodson Honda and Berglund Chev. Inc. management and have assured me that the dealerships have no expectations that would compromise the ethical values and high standards of our City. I am continually impressed with the creativity of our police officers as we all work together to find ways to assist our City to become "the community of excellence" as described in Council's Vision. As outlined in the Council Report, I recommend that we enter into these agreements with Woodson Pontiac, Inc. d/b/a/Rick Woodson Honda and Berglund Chev. Inc. I trust that the additional information will assist you in the evaluation of the recommendation. I would be happy to address any questions or concerns that you have. Respectfully, W. Robert Herbert City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va,us CC: Mary Parker, City Clerk W. C. Dibling, Jr. City Attorney James D. Grisso, Director of Finance George C. Snead, Director of Public Safety Diane Akers, Budget Administrator '98 ,IU[ 30 P3:52 98-411 Office of the City Manager August3,1998 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Donation of Vehicles to be used in Community Oriented Policing Effort (C.O.P.E.) Dear Mayor Bowers and Members of Council: We would like to provide additional information on the Council Report requesting City Council approval to enter into agreements with two local car dealerships to accept the donation of four vehicles to be used by the City's Community Oriented Policing Effort (C.O.P.E.) Unit. We are excited about the possibility to create this type of public/private parmership in our community. As you know, finding ways to increase police presence in our neighborhoods and enhancing community support for our police department is a top priority of this administration. This arrangement, initiated by the Police Department, will help the department be more visible as well as save money that can then be redirected to help us address other pressing community needs. The City Attomey has no legal objections to this partnership and this arrangement is allowable under City Code Sec. 2-263. In addition, members of the Police Department administration have talked directly with Woodson Pontiac Inc. d/b/a Rock Woodson Honda and Berglund Chev. Inc. management and have assured me that the dealerships have no expectations that would compromise the ethical values and high standards of our City. I am continually impressed with the creativity of our police officers as we all work together to find ways to assist our City to become "the community of excellence" as described in Council's Vision. As outlined in the Council Report, I recommend that we enter into these agreements with Woodson Pontiac, Inc. d/b/a/Rick Woodson Honda and Berglund Chev. Inc. I trust that the additional information will assist you in the evaluation of the recommendation. I would be happy to address any questions or concerns that you have. W. Robert Herbert City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va,us CC: Mary Parker, City Clerk W. C. Dibling, Jr. City Attorney James D. Grisso, Director of Finance George C. Snead, Director of Public Safety Diane Akers, Budget Administrator Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ~60-246 8andra H. Eakin Oeputy c~ c~ James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33959-080398 amending and reordaining certain sections of the 1998-99 Consortium Fund Appropriations, providing for appropriation of additional funds in the amount of $862,062.00, for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. SHE:lo Attachment pc: Sincerely, Sandra H. Eakin Deputy City Clerk W. Robert Herbert, City Manager Vickie L. Price, Administrator, Fifth District Employment Training Consortium H:~AGEN~WI=O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33959-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Consortium Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: APPROPRIATIONS Fifth District Employment & Training Consortium - FY99 Title II - A (1-25) Title III - F (26-44) Title II - C (45-62) Opportunity Knocks (63-66) CDBG - Business Training Initiative (67-72) CDBG - Opportunity Knocks (73-78) REVENUE $ 862,062 364,907 266,529 49,786 127,840 38,000 15,000 Fifth District Employment & Training Consortium - FY99 Title II - A (79) Title III - F (80) Title II - C (81) Opportunity Knocks (82) CDBG - Business Training Initiative (83) CDBG - Opportunity Knocks (84) $ 862,062 364,907 266,529 49,786 127,840 38,000 15,000 1) Administrative Wages 2) Administrative Fringes 3) Administrative Travel 4) Administrative Communications 5) Administrative' Supplies 6) Administrative Insurance 7) Administrative Equipment 8) Administrative Miscellaneous 9) Training Wages 10) Training Fringes 11) Training Travel 12) Training Communications 13) Training Supplies 14) Training Equipment 15) Training Miscellaneous 16) FDETC I/R 17) FDETC OJT 18) Services Wages 19) Services Fringes 20) Services Travel 21) Services Communications 22) Services Supplies 23) Services Insurance 24) Services Miscellaneous 25) Supportive Services 26) Administrative Wages 27) Administrative Fringes 28) Administrative Travel (034-054-9961-8350) (034-054-9961-8351 ) (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-O54-9961 (034-054-9961 (034-054-9961 (034-054-9961 (034-054-9961-8501) (034-054-9961-8030) (034-054-9961-8031 ) (034-054-9961-8032) ( 034-O54-9961-8033) (034-054-9961-8035) (034-054-9961-8036) (034-054-9961-8040) (034-054-9961-8461) (034-O54-9981-8350) (034-054-9981-8351 ) (034-054-9981-8352) -8352) -8353) -8355) -8356) -8359) -8360) -8050) -8051 ) -8052) -8053) -8055) -8059) -806O) -8500) 48,240 10,560 1,750 1,750 2,150 1,750 2,000 1,000 42,860 9,900 1,750 1,750 1,750 2,000 2,897 165,000 5,000 25,300 6,000 1,50O 1,000 1,000 1,000 2,000 25,000 30,150 7,500 2,000 29) Administrative Communications 30) Administrative Supplies 31) Administrative Insurance 32) Administrative Equipment 33) Administrative Miscellaneous 34) BRS Wages 35) BRS Fringes 36) BRS Travel 37) BRS Communications 38) BRS Supplies 39) BRS VEC 40) BRS Equipment 41) BRS Insurance 42) Training/FDETC I/R 43) Training/FDETC OJT 44) Supportive Services 45) Administrative Wages 46) Administrative Fringes 47) Administrative Travel 48) Administrative Communications 49) Administrative Supplies 50) Training Wages 51) Training Fringes 52) Training Travel 53) Training Communications 54) Training Supplies 55) FDETC I/R 56) Services Wages 57) Services Fringes 58) Services Communications 59) Services Supplies 60) Service Insurance (034-054-9981-8353) (034-054-9981-8355) (034-054-9981-8356) (034-054-9981-8359) (034-054-9981-8360) (034-054-9981-8066) (034-054-9981-8067) (034-054-9981-8068) (034-054-9981-8069) (034-054-9981-8070) (034-054-9981-8405) (034-054-9981-8496) (034-054-9981-8056) (034-054-9981-8500) (034-054-9981-8501 ) (034-054-9981-8461 ) (034-054-9963-8350) (034-054-9963-8351 ) (034-054-9963-8352) (034-054-9963-8353) (034-054-9963-8355) (034-054-9963-8050) (034-054-9963-8051 ) (034-054-9963-8052) (034-054-9963-8053) (034-054-9963-8055) (034-054-9963-8500) (034-054-9963-8030) (034-054-9963-8031) (034-054-9963-8033) (034-054-9963-8035) (034-054-9963-8036) 75O 750 1,000 1,500 1,129 30,500 7,500 5O0 500 75O 12,000 5OO 1,000 150,000 3,000 15,500 7,400 1,800 250 250 250 12,000 2,750 250 250 500 12,000 7,500 2,000 100 250 150 61) Service Miscellaneous 62) Supportive Services 63) Staff Wages 64) Staff Fringes 65) Participant Wages 66) Participant Fringes 67) Staff Wages 68) Staff Fringes 69) Communications 70) Supplies 71) Contractual Services 72) Support Services 73) Wages 74) Fringes 75) Communications 76) Supplies 77) Lease/Rentals 78) Support Services 79) Title II-A 80) Title III-F 81) Title II-C 82) Opportunity Knocks 83) CDBG Business Training Incentive 84) CDBG Opportunity Knocks (034-054-9963-8040) (034-054-9963-8461) (034-054-9991-8050) (034-054-9991-8051 ) (034-054-9991-8030 ) (034-054-9991-8031 ) (034-054-9987-8050) (034-054-9987-8051) (034-054-9987-8353) (034-054-9987-8355) (034-054-9987-8357) (034-054-9987-8461 ) (034-054-9992-8350) (034-054-9992-8351 ) (034-054-9992-8353) (034-054-9992-8355) (034-054-9992-8358) (034-054-9992-8461 ) (034-054-9961-9961 ) (034-054-9981-9981 ) (034-054-9963-9963) (034-054-9991-9991 ) (034-054-9987-9987) (034-054-9992-9992) $ 86 2 000 60 840 15 000 48 500 3 500 24 800 6 200 500 500 5,000 1,000 4,000 1,000 5O0 500 3 000 6 000 364 907 266 529 49 786 127 840 38,000 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 7, 1998 File f~60-246 8andre H. Eakin r~puty c~ Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 3, 1998, Council Member Carroll E. Swain requested a status report at the August 17, 1998, Council meeting with regard to the City's on-the-job training program. Sincerely, SHE:lo pc: Sandra H. Eakin Deputy City Clerk James D. Grisso, Director of Finance Rose M. Woodford, Executive Secretary to the City Manager H:~GENDA96~UG3.WPO August 3, 1998 # 98-720 '98 ~IIIL 28 1t9:54 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium .BACKGROUND A. The Fifth District Employment and Traininq Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. B o The FDETC serves eliqible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This agency serves two primary client, populations: dislocated workers who have been laid off from employment through no fault of their own (unde~ Title III), and the economically disadvantaged as determSned by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). The City of Roanoke is the grant recipient for FDETC fundinq. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 August 3, 1998 II. CURRENT SITUATION Ao Fifth District Employment and Training Consortium (FDETC) has received Community Development Block Grant (CDBG) funding for Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and the agency's Employment Training Program. CDBG funds were awarded to the FDETC for transportation and associated costs of Opportunity Knocks in the amount of $15,000.00. (Opportunity Knocks: Roanoke Valley Conservation Service Corps, a statewide Governor's initiative, is a comprehensive youth service project designed to enhance the educational and employment options available to Virginia's at risk youth). o CDBG funds were awarded to the FDETC for project management and administration of the Employment Training Program in the amount of $38,000.00. (The Employment Training Program is designed to assist low to moderate income individuals in their efforts to obtain employment). B o Governor's Employment and Training Department (GETD) has sent to the Consortium Notices of Award for programs which include on-the-job training, work experience, occupational skills training, classroom training, job placement activities, and remedial education in the following amounts: Opportunity Knocks $127,840.00 Notice of Award - (0K-99-03-01) Honorable Mayor and Members of City Council Page 3 August 3, 1998 2.. Title II-A (Adults-Ages 22 and over) $364,907.00. (Notice of Award - 99-03-01) Title II-C (Youth-Ages 16 through 21) $49,786.00 (Notice of Award - 99-03-04) Title III (Dislocated Workers) $266,529.00 (Notice of Award - E99-113-03) III. Issues Ao Program Operations Funding C. Timing IV. ALTERNATIVES Ao Appropriate the FDETC's additional funding totaling $862,062.00. and increase the revenue estimate by $862,062.00, in accounts to be established by the Director of Finance. o o Program Operations - Existing activities will continue and planned programs will be implemented. Funding - Funds are available from the resources indicated, at no additional cost to the City. Timing - Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1998 through June 30, 1999. Honorable Mayor and Members of City Council Page 4 August 3, 1998 m o Do not appropriate the FDETC's funding totaling $862,062.00. Program Operations - Planned programs to serve participants would be delayed or never initiated. o Funding - Funds currently available to operate these programs may be rescinded and redistributed to other projects. Timing - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. RECOMMENDATION Approve Alternative A: Appropriate the FDETC's funding totaling $862,062.00, and increase the revenue estimate by $862,062.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, W. Robert Herbert City Manager WRH/VLP:wc cc: Director of Finance City Attorney Mary F. Parker, CMC/AAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ff.323 Sandra H. F.~kin D puty W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33960-080398 authorizing execution of Amendment No. 2 to the contract for the integrated automated library system to allow the Libranj Automation Coordinator- to be a Roanoke County employee with the future option of being an employee of any of the participating library systems; and to allow future changes to the Central Site Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 Gerald A. Burgess, county Administrator, Botetourt county, 1 West Main Street, Box 1, Fincastle, Virginia 24090-2002 James D. Gdsso, Director of Finance Glenn D. Radcliffe, Director, Human Development Archie W. Harrington, Manager, City Information Systems Beverly A. James, City Librarian H:~AGENDAg6~AUG~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33960-080398. A RESOLUTION authorizing the execution of Amendment No. 2 to the contract for the integrated automated library system to allow the Library Automation Coordinator to be a Roanoke County employee with the future option of being an employee of any of the participating library systems and to allow future changes to the Central Site Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. 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, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2, amending the contract dated January 26, 1990 with the City of Salem, and the County of Roanoke, and Amendment No. I dated May 8, 1995 which amendment provided for the County of Botetourt to be a full participating library in the integrated automated library system, all in accordance with the recommendations contained in the report to this Council dated August 3, 1998. Said Amendment No. 2 will allow the Library Automation Coordinator to be a Roanoke County employee with the option of being an employee of any of the participating library systems and to allow future changes to the Central Site H:\TEMP~R-LIBAME.{ Components definition and location to be made upon action of the Library Automation and Advisory Committees with approval of all participating libraries' City Managers or County Administrators. 2. The form of the amendment shall be approved by the City Attorney. ATTEST: City Clerk. H:\TEMI~R-LIBAME.I Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia August 3, #98-722 REC~iYE[~' 19981TY nj ....... '98 JUL 30 P3:52 Mayor and Members of Council: SUBJECT: AMENDMENT TO CONTRACT - INTEGRATED AUTOMATED LIBRARY SYSTEM I. BACKGROUND II. The Roanoke City, Ro~anoke County and City of Salem Public Libraries entered into a. contract in 19913 establishing an integrated automated library system. 1. Botetourt County became a party to the contract in1995. The four jurisdictions, by the contract, are full partners in the ownership of the automated system. Committees have been established, involving administrative officers, data processing managers and library administrators of the four jurisdictions to advise, manage, evaluate and implement the functions and use of the shared automated system. Roanoke City's Department of City Information System (CIS) is the host site for the shared components of the automated system and oversees its daily operation. The four library systems share the cost of a Library Automation Coordinator position which is responsible for the application modules of the automation system, including circulation, cataloging, acquisitions and public access. CURRENT SITUATION The City of Roanoke Attorney's office has drawn up Amendment No. 2 (Attachment A) to the original agreement and as amended by Amendment No. 1. Amendment No. 2 provides as follows: The Library Automation Coordinator position, which is currently vacant, to be moved to Roanoke County Public Library with the option of moving the position to any of the participating library systems in the future, by action of the Library Automation and Advisory Committees. Future changes in the Central Site Components of the library automation system and their location(s) to be made by action of the Library Automation and Advisory Committees with written approval of the City Managers of the Cities of Roanoke and of Salem and the County Administrators of the Counties of Roanoke and Botetourt. The proper authorities in each of the four jurisdictions, including members of the Library Automation Committee have agreed to the terms of the amendment to the contract for the integrated automated library system. The Board of Supervisors of the County of Roanoke have approved the amendment to the contract for the integrated automated library system. The City Council of Salem approved the amendment at their meeting on July 13. The Board of Supervisors of Botetourt County approved the amendment at their meeting on July 21. Library Administration recommends approval of Amendment #:2 to the contract for the integrated automated library system. III. ISSUES A. Fiscal impact. IV. ALTERNATIVES Approve the amendment to the contract for the integrated automated library system and authorize the City Manager or his designee to execute the amendment, contingent on the formal approval of the other participating jurisdictions. 1. Fiscal impact. The City of Roanoke would reimburse the County of Roanoke for its share of the Library Automation Coordinator position which for FY 1998-99 will be 31.5%. The vacant position would also be eliminated. Do not approve the amendment to the agreement for the integrated automated library system and do not authorize the City Manager or his designee to execute the amendment to the agreement. 1. Fiscal Impact The City of Roanoke will still have to pay its share of the Library Automation Coordinator position regardless of which jurisdiction "owns" the position. RECOMMENDATION City Council approve the amendment to the agreement for the integrated automated library system and authorize the City Manager or his designee to execute the amendment to the agreement, contingent on the formal approval of the other participating jurisdictions. Respectfully submitted, W. Robert Herbert City Manager WRHIGRIBJIj CC~ Wilburn C. Dibling, City Attorney James Grisso, Director of Finance Glenn Radcliffe, Director of Human Development Archie Harrington, Manager, CIS Beverly James, City Librarian MaW F. Parker, CMC/AAE Cay Cbrk CITY OF ROANOKE Office of the City Clerk August6,1998 8andra H. Eakin D. puty Cay Cbrk File ~17-79 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: A report with regard to assessment of taxicabs for property tax purposes was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, SHE:lo Sandra H. Eakin Deputy City Clerk pc: William E. Roberts, General Manager, Yellow Cab Company, 200 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager H:~AGENDAOS~UC~WI~ WILBURN C. DIBLING, JR. CITY ATrORNEY CITY OF ROA~Nf} .1~_~ ~: ~i~ .... OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUIL,I~G ! ~ &[.29 P2:5~ 215 CHURCH AVENUI~,'gW - ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatty @ ci.roanoke.va.us August 3, 1998 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'VfORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Assessment of taxicabs for property_ tax purposes Dear Mayor Bowers and Council Members: On Monday, May 4, 1998, William E. Roberts, General Manager, Yellow Cab Company, raised two issues before Council regarding taxicab assessments. First, Mr. Roberts stated that the City is required to have a separate category for taxicabs for tax purposes. Second, he contended that the current method for assessing taxicabs does not accurately determine their fair market value. Council referred the first issue to me for resolution and the second issue to the Commissioner of Revenue. Council specifically referred the first matter to me to address the contention that there was a conflict between the Code of Virginia and the Code of the City of Roanoke. Mr. Roberts is correct that the City is required by the State Code to have a separate category for taxicabs for valuation purposes. It is important to distinguish between having a separate category for valuation purposes and for rate purposes. Pursuant to the State Code taxicabs are not considered to be a separate class for rate purposes only for valuation purposes. See §58.1-3503 of the Code of Virginia 1950, as amended. Since taxicabs are in a separate category for valuation purposes, the method of valuing a taxicab may differ from the method used to value other automobiles. See §58.1-3503(B) of the Code of Virginia (1950), as amended. Of course any method of valuation must be consistent within each category and should be reasonably expected to determine the actual fair market value. See §58.1-3503 of the State Code. I am pleased to report that the Code of the City of Roanoke does provide for a separate category for taxicabs for valuation purposes. See §§32-104 of the Code of the City of Roanoke (1979), as amended. Therefore, the Commissioner of Revenue may use a different valuation method for taxicabs than is used for other vehicles provided the valuation method is consistent for all taxicabs and provided the method is reasonably expected to determine actual fair market value. The Honorable Mayor and Members of City Council August 3, 1998 Page 2 The issue still to be determined by the Commissioner of Revenue in this matter is whether the assessment method currently used for taxicabs accurately determines their fair market value. Mr. Holland and Mr. Roberts are continuing to work together on this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney The Honorable Sherman A. Holland, Commissioner of Revenue William E. Roberts, General Manager, Yellow Cab Company H:\COUNCIL\L-HikfrAXI, I CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Ck~rk August7,1998 S~ndm H. Eakin r~puty c~ Ck~rk File #399 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 3, 1998, residents and representatives of Habitat for Humanity in the Roanoke Valley appeared before Council relating to a proposal of Habitat for Humanity to construct approximately 34 houses in the Westview Terrace section of the City. On motion, duly seconded and adopted, the matter was referred to you to initiate negotiations with Habitat for Humanity to purchase the property for development of a City park or greenway space, and for a report to Council with regard to the water drainage problems in the area. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Gregory Feldmann, President, Habitat for Humanity in the Roanoke Valley, 1701 Cleveland Avenue, $. W., Roanoke, Virginia 24016 Mr. Kermit Plummet, 1652 Garstland Drive, N. W., Roanoke, Virginia 24017 Mr. Darrell R. Boles, 1623 Shamrock Avenue, N. W., Roanoke, Virginia 24017 Mr. W. J. Garst, 4512 Broadlawn Road, N. W., Roanoke, Virginia 24017 Ms. Melva Jelfries, 4351 Woodbridge Avenue, N. W., Roanoke, Virginia 24017 W. Robert Herbert August 7, 1998 Page 2 pc: Ms. Terry T. Smith, 4640 Rosecrest Road, S. W., Roanoke, Virginia 24018 The Reverend Johnny Stone, 1801 Lynn Street, N. W., Roanoke, Virginia 24017 Ms. Anita Reed, 4123 Guernsey Lane, N. W., Roanoke, Virginia 24017 Mr. Lloyd Hampton, 4001 Guernsey Lane, N. W., Roanoke, Virginia 24017 The Reverend Samuel Robinson, Member, NAACP, P. O. Box 12362, Roanoke, Virginia 24025 Mr. Mac A. Chambers, 618 Colorado Street, Salem, Virginia 24153 Ms. Susan Hall, 2237 Ranch Road, N. W., Roanoke, Virginia 24017 Mr. Thomas J. Dalzell, 2529 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Ms. Martha Quarles, 1917 Angus Road, N. W., Roanoke, Virginia 24017 Mr. Robert Gravely, 1412 Moorman Avenue, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney William F. Clark, Director, Public Works Evelyn S. Lander, Acting Chief of Planning and Community Development Mary F. Parker, CMC/AAE c~y C~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File ft399 8andre H. Eakin Deputy City Clerk Steven J. Talevi Assistant City Attorney Roanoke, Virginia Dear Mr. Talevi: A report relating to the Westview Terrace Section 6 - Habitat for Humanity, Inc., Project was before the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Wilbum C. Dibling, Jr., City Attorney W. Robert Herbert, City Manager William F. Clark, Director, Public Works Evelyn S. Lander, Acting Chief of Planning and Community Development WILBURN C. DIBLING, JR. CITY ATI~ORN Ey CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatty@ci.roanoke. va.us August 3, 1998 R~:_CEIv £D '98 .~IIt ':In P_4'21 STEYEN J. TALE¥! GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'rTORNEYS The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re; Westview Terrace, Section 6 (Habitat for Humani _ry. Inc.. Project) Dear Mayor Bowers and Members of Council: At the meeting of July 20, 1998, the above-captioned matter was referred to the City Manager and the City Attorney for investigation and report back to Council. Specifically, you asked the City Attorney to determine whether there was any action the City Council could take regarding the above-referenced development. As you know, by letter dated July 20, 1998, Mr. Dibling disqualified himself from the consideration of this matter. Accordingly, he has requested that I respond to Council's inquiry, and I am very pleased to do so. I understand that Habitat for Humanity, Inc. ("Habitat"), has resubdivided a parcel located in the vicinity of Woodbridge Road, N.W., and Kay Street, N.W. To do so, Habitat was required by Chapter 31 of the Code of the City of Roanoke (1979), as amended ("City Code"), to have prepared and to file with the Clerk for the Circuit Court for the City of Roanoke a subdivision plat. I further understand that Habitat has prepared a comprehensive plan of development (''development plan"). The development plan is required by Chapter 36.1 of the City Code. Approval of such a plan involves consideration of storm water management, landscaping and similar issues. Approval of a subdivision plat involves consideration of lot line changes, and construction of drainage facilities and erosion and sediment control measures. As of July 30, 1998, the. subdivision plat, but not the development plan, has been approved by the City Administration. Finally, I understand that no rezoning, street closure, variance or special exception is needed for the project. I know of no legal requirement that the City become involved in any aspect of Habitat's project, other than through the perfunctory issuance of permits upon the receipt of The Honorable Mayor and Members of City Council August 3, 1998 Page 2 appropriate plans and documents; if Habitat supplies the legally required information, City officials have no discretion and are duty-bound to issue the permits being sought. Furthermore, you should know that the City Code does not contain provisions by which a development plan can be brought before City Council for consideration. I sincerely hope that this correspondence is responsive to Council's inquiry. If any elaboration is necessary, please do not hesitate to contact me. My kindest regards, SJT:snf Very truly yours, Steven J. Talevi Assistant City Attorney cc: W. Robert Herbert, City Manager William F. Clark, Director of Public Works Evie S. Lander, Acting Chief, Planning & Community Development H:\COUNCIL~L-HMWEST. I CITY 0 F ROANOKE Office of the City Clerk Mary F. I~rker, CMC/AAE c~y C~rk July 24, 199~ · andra H. F. akin File #178 W. Robert Herbert Roanoke, Virgini~ V~11bum C. Dibiing, Jr. cay Attomey Rom'~3ke, Virgir~ Dear Mr. Herbert and Mr. Dibling: property in the ama, and the propo~KI Habitat houses will not be coml~tJble with ottmr hou~e~ Jn the neighborhood. The m~tter w~t referred to you for report to Council ~ ~, ~ 3, ~ follows: MFP:Io pc: Mr. Kem~ E. Plummet, 1~2 Garatlan¢l ~ N. W., Reltel~ ~ 24017 Orlg~y Fek:lmarm, ~ ~ for Hulllaldly, 170t Cllvlilrld Avlttue, 8. W., Romtake, ~ 24016 JUL.-21' 9gffUE) 18:20 CITY MANAGERS OFFICE TEL:540 855 1158 '98 JIJL 22 A9:50 Office of ~ City IVlonoOer July 21, 1998 The Honorable David A. Bpwers, Mayor and Members of City CoUncil Roanoke, Virl~nia ; Dear Mayor Bowers and M~mbe~s of City Couucil: Suhjgt: Habitat for Humanity Afl~r couside, rable {bought and consu{talion, I have con~act~ th~ Conflict Resolmion Center (C.R.C.) to determi~ it'th~y could serve as mediator~ between ttabitai for Humanity and residents of the Wcstview ,Terrace neighborhood. I have spoken witbiMr. Kc. trait Plummet .and. in addition, 1 have contacted Habitat members David Feldmanniand David Camp~ (using voic~ mail). Mr. Plummet has informed me that Habitat will hold an cjceculiv¢ board m~-tin~ on Wcdagsday, July 22, and will inform thc neighborhood of how thcy.,int~d to proc~d. Mr. Plumm. e~ also indicated that h~ did not slgak for thc entire n~ighborhoo.a but saw my so~gestion as a positive move. This ~oon, I am s~ndioo.. Mr. Feldmann, Mr. Camlx'r aad M~. Plumm~ a lctte, r to r~quest a response to th~ city's off~ to acquire an outsid~ m~di~tor. I will notify you as soon as a { receive aa answ~ bom both parties. My hop~ is that both panics can prog~ as swiffiy as possible to resolw this malt~. This is for your information only ami requires no aciion. Plcas~ contact mo if you have an, qaestioas. W. Robert H~-be. rt WlU-l:ap Mary F. Parker, City Cledt Wilbam C. I)ibli~, Jr.. City Attorney James D. Orimao, .I)imcao~ of Fimmc~ William F. Clark, ~ircctor of Public Works Room 215Ct'~Mnui. SW I~oi~.Vl~o 2~0{I-15~1 I (5ao) FAX (5~O) S53-113e Mary F. Parker, CMCIAAE city c~erk CITY OF ROANOKE Office of the City Clerk August 7, 1998 File #10-60 ~andra H. Eakin r~puty c~y Ck~r~ W. Robert Herbert City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke which was held on Monday, August 3, 1998, it was the consensus of Council that the matter of a two cent reduction in the real estate tax rate, and the matter of equipment replacement and unfunded projects, be referred to 1999-2000 budget study. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget JAMES D. GRISSO Director of Finance August 3, 1998 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Mayor and Members City Council Roanoke, Virginia Subject: Fiscal Year 1998 Unaudited Financial Report Dear Mayor Bowers and Council Members: The General Fund revenues for fiscal year 1998 total $162,793,039. Collections exceeded the revenue estimate by .a,a,% or $709,996. Total General Fund revenues increased 2.72% over FY 1997. The major revenue sources in our adopted estimates are: Amount Over % Over % Growth (Under) Revised (Under) Over Estimate Estimate FY 1997 Real Estate Taxes $ Personal Property Sales Tax Utility Taxes Recordation & Probate Tax Business and Professional License Tax Transient Room Tax Franchise Taxes Prepared Food & Beverage Tax All Other Revenues Total General Fund Revenue $ 420,517 1.03% 3.07% (543,283) (2.63%) 1.37% (434,812) (2.66%) .47% 103,762 .95% 4.53% 177,860 51.11% 20.09% 318,581 3.42% .70% 112,811 8.68% 5.06% 165.405 22.12% 13.16% 175,419 3.02% 2.54% 213,736 .38% 3.28% 709,996 .a.a.% 2.72% General Fund expenditures and encumbrances totaled $168,502,072. Unencumbered appropriations were $3,010,396 or 1.76% of the General Fund budget. Two of our major taxes exhibited a disturbing trend for fiscal year 1998; a significant reduction in growth in comparison to previous years. Sales tax revenues have exceeded Honorable Mayor and Members of City Council August 3, 1998 Page 2 4% growth in the two previous years. This revenue source grew 0.47% for fiscal year 1998. We believe this is primarily attributable to surrounding localities developing their own regional shopping areas and super-retail stores. Discussions with Finance officials in Montgomery, Roanoke, Franklin and Botetourt Counties indicate sales tax growth in their localities ranging from approximately 8% to 13%. Growth in personal property revenue totaled 1.37%. The revenue estimate for fiscal year 1998 was established anticipating slightly less than 5% growth, based on recent years' performance. In FY 1998, the Commissioner of the Revenue changed assessment books from the "Red Book" to the "NADA" book. This was an appropriate change to be consistent with other localities throughout the region and state and to implement the "No Car Tax" program mandated by the state. Statistical analyses indicate that the average assessment values are 2% less when using the NADA book, thus having a similar impact on this year's revenue. Another factor impacting the personal property revenues is the decline in machinery and tools assessment values by businesses. Businesses pay tax based on the depreciated value of their equipment. Our review indicates that the overall value of equipment is depreciating at a faster rate than the purchase of new equipment. Machinery and tools assessments for fiscal year 1998 were $68,744,940 compared to $84,267,488 for fiscal year 1997, a 22.58% reduction. This is the type of trend that improves when a large corporation with a significant investment in equipment expands or relocates to Roanoke. We will continue our analyses of these and other revenues in comparison with the estimates for fiscal year 1999 and advise City Council upon the completion of our annual external audit as to whether revenue estimates should be adjusted. The School Fund revenues for fiscal year 1998 total $88,104,376. Collections exceeded the revenue estimate by 0.36% or $311,882. School expenditures and encumbrances totaled $89,204,527. Unencumbered appropriations were $1,235,584 or 1.37% of the School Fund budget. The FY 1998 year end designated fund balances for Capital Maintenance and Equipment Replacement (CMERP) for the General Fund and School Fund per the requirements of Ordinance 26292 are as shown on the following page. Honorable Mayor and Members of City Council August 3, 1998 Page 3 General Fund Local Tax Revenues Over Estimate Non-Local Tax Revenues Over Estimate Unexpended Appropriations 113,112 532,091 3,010,396 School Operations $ 64,793 School Fund Revenues Over Estimate Unexpended Appropriations $ 379,134 1,235,584 Fund Balance Transfers Reserve for Uninsured Claims Adjustment to Reserve for Workers' Comp Claims Trigon Stock Proceeds Reserved for Employee Medical Insurance CSA Program Transfer Adjustment $ ( 250,000) 10,113 ( 178,024) 64,793 ( 132,045) Capital Maintenance and Equipment Replacement Funding Available $ 3.470,392 $ 1.379.555 The amounts shown above for FY 1998 are Unaudited and are subject to change during the course of our annual external audit. They are being reported to you for informational and planning purposes. All expenditures of the year end designated fund balances of the School Fund and General Fund are subject to approval by City Council through the adoption of an appropriation ordinance. We look forward to prioritizing and recommending to Council the most critical maintenance and equipment replacement needs during fiscal year 1999. I would like to thank City Council, the administration and especially the Finance Staff for their support throughout fiscal year 1998. I would be pleased to address questions that Council may have regarding the financial report. Sincerely, Director of Finance JDG/aha/ps DEPARTMrNT OF CITY OF ROANOKE. VA. August 3, 1998 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Unaudited Year End Financials - Fiscal Year 1998 Fiscal year 1998 has come to a close, and with it a year in which the City of Roanoke had the challenge of reacting mid-year to concerns that revenue from personal property and sales taxes would fail to meet their estimates. Fommately, however, due to teamwork regarding the management of expenditures, the fiscal year ended on a positive note with better-than-anticipated year end balances for both the City and the Schools, despite shortfalls from both of these significant revenues sources. Again this year, the City of Roanoke strived to improve the level of municipal services to its citizens within a balanced, conservative budget. The City continues to maintain and improve its capital facilities and infrastructure with on-going projects such as the sewage treatment plant expansion, middle school modernization project, highway improvements, storm drainage, and economic development activities. The City exhibits a conservative debt posture which is reflected in our continuing AA bond rating. During the year, the City was also able to take advantage of the strong bond market to refinance approximately $46 million of existing indebtedness and issue $13,010,000 of new bonds. This transaction provides long term savings through reduced interest costs. Real Estate tax revenues grew approximately 3%, and they exceeded their estimate by approximately 1%. Personal property taxes, producing growth of only 1.4% since last year, fell below estimate by $543,000, as expected. Sales tax grew a mere .47% or $74,000. In recent months, sales tax Honorable Mayor and Members City Council August 3, 1998 has declined as retail sales in Roanoke have been lost to some of our surrounding localities with new construction of stores and other businesses. Other local taxes providing growth included the E911 tax, utility taxes, Business and Professional Occupational License (BPOL) tax, and recordation taxes. Municipalities such as ours will constantly face new challenges in the years to come as we provide for sodal service needs, unfunded state and federal mandates, and additional service needs of our citizens, all within limitations as to new sources of revenues to provide for these needs. We will engage more efficient and effective operating methods as we seek to meet these challenges. We will continue to strive for a conservative and sound financial position for the City as we continue to plan for our future. The unaudited financial statements are provided to you for planning purposes. The amounts reported herein may change during the course of our annual external audit. A discussion of the City's General Fund operations for fiscal year 1998 follows. Our revenue estimate t~om all sources was $162,083,043, while actual collections totaled $162,793,039. Total General Fund revenues collected exceeded the estimate by only .44%. Listed below is a five year history of our General Fund revenue estimates compared to actual revenues. GENERAL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collected 1998 $162,083,043 $162,793,039 100.44% 1997 155,523,885 158,485,416 101.90% 1996 147,602,175 150,539,146 101.99% 1995 137,189,315 141,255,592 102.96% 1994 131,792,839 135,511,618 102.82% Honorable Mayor and Members City Council August 3, 1998 Some of the most anxiously awaited information at year end is the mount of designated funding for the Capital Maintenance and Equipment Replacement Program (CMERP). Council adopted Ordinance number 26292 on December 6, 1982, establishing a reserve of General Fund balance for CMERP. Computed per the requirements of Ordinance 26292, CMERP for fiscal year 1998 for the City is $3,470,392 or 2.02% of General Fund appropriations. The School Fund was not entitled to a portion of General Fund CMERP because the School CSA expenditure settlement was greater than the School portion of local taxes exceeding their estimates (see page 13). The following allocation has been calculated based on the Revenue Allocation Model used for the adopted budget (see page 12 for details). General Fund Designated FY 1998 CMERP City Operations $ 3.470.__~392 School Operations $ N/A School Board operations are accounted for in a separate fund. The amount of CMERP designated in the School Fund totals $1,379,555 or 1.53% of School Fund Appropriations. General Fund Statement of Revenues A summary of unaudited revenues by category and the variances between actual collections and the budgetary estimates may be found on page 17. The following narrative discusses significant revenue trends for the year. General Property Taxes This category includes taxes on Real Estate, Personal Property and Public Service Corporations as Honorable Mayor and Members City Council August 3, 1998 well as Penalties and Interest. Estimated revenues for this category were $65,860,500 while actual collections were $65,673,172, achieving 99.72% of the budget. Real Estate taxes increased by $1,230,597 since FY97 providing growth of 3.07%, and they were just over the budgeted amount. Personal Property taxes achieved 97.37% of the budget amount, and were in excess of the FY97 total by $272,494. Public Service Corporation taxes rose a modest $32,771, but they fell short of the budgeted amount by approximately $255,000. Penalties and Interest increased $44,116 from FY97, well in excess of the budgeted level. Other Local Taxes This category includes Sales Tax, Utility Tax, Cigarette Tax, Business, Professional, and Occupational License Tax, Transient Room Tax, Franchise Tax, Prepared Food and Beverage Tax and other miscellaneous local taxes. This category of taxes serves as one of the best indicators of the strength of the local economy. The total estimate for this category was $50,179,922, while actual collections were $50,560,909. Collections slightly exceeded the budget, and they grew approximately 2.0% since FY97. Sales Tax showed minimal growth of $74,297 or .47% over FY97 and achieved 97.34% of the budget. Utility Tax rose $478,487 or 4.53%, partly due to revenue of approximately $193,000 generated by the cellular telephone tax, which became effective September 1, 1997. Prepared food and beverage tax grew almost $148,000 since FY97 and was up 3.02% from the budgeted amount. Franchise and recordation tax also grew, while cigarette tax and bank stock tax have declined. Permits, Fees and Licenses This revenue category includes dog licenses, building related fees, various inspection fees and street 4 Honorable Mayor and Members City Council August 3, 1998 opening permits. Revenues for this category totaled $722,222, increasing $42,122 from FY97, and exceeding the budget of $590,977 by over 20%. The increase is due to higher revenues from electrical, plumbing, building, and heating inspection fees. Fines and Forfeitures This category consists of parking tickets and fines collected by various courts. Revenue in this category was $943,559, a decline of $47,348 since the prior year. This decline is due to a decrease in general district court fines. The category exceeded its budget of $925,000 by 2.01%. Revenue from Use of Money and Property This revenue category consists of interest earnings and various property rentals. Revenue in this category was $1,205,854, an increase of 16.25% since the prior year. The increase is due to growth in interest revenue resulting from higher average daily cash balances in the General Fund. Grants-In-Aid Commonwealth This category is comprised of non-categorical aid (State recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional Offices, Social Services funding (foster care, day care, welfare payments, employment services, and the Comprehensive Services Act Programs), and other categorical aid (street maintenance, City Jail Block Grant, Juvenile Facilities Block Grant, Law Enforcement and Library Grant). Revenues in this category totaled $37,996,834, exceeding the FY97 total by $1,413,700. The increase in the current year is largely due to revenue gains in Social Services which provided growth of $846,000 since FY97. Revenues from employment services, foster care, day care and Honorable Mayor and Members City Council August 3, 1998 general administration of Sodal Services programs increased. Shared expenses for the Sheriffs department grew by nearly $237,000 due to an increased level of funding from the State Compensation Board. Street Maintenance revenue also rose. These increases are partially offset by a decrease of $164,000 in City Jail Block Grant revenue from FY97. Grants-in-Aid Federal Government This category consists of funding from the Federal Emergency Management Association (FEMA). Revenue in this category was $42,608 compared to $43,490 for FY97. Cha~es for Current Services This category includes court fees, refuse collection, weed cutting, emergency medical service, police fees, fire safety fees, and central service charges. Collections totaled $3,458,478 resulting in growth of 6.29% over that of FY97. The increased revenue in this category is due to growth in court costs, sanitation charges and EMS revenues. Central Services charges, which are charges to the Enterprise Funds for administrative services provided by the General Fund, declined by 7.76%, because no charges were made to the Nursing Home Fund which was discontinued during FY98. Miscellaneous Revenue Revenues included in this category are payments in lieu of taxes from Roanoke Redevelopment and Housing Authority, sales of surplus property, and other nonrecurring revenues. Revenue in this category was $278,198, down $209,220 since FY97. The decline in miscellaneous revenue is mainly due to the receipt of nearly $194,000 in FY97 in connection with Tfigon's settlement regarding discounts not properly 6 Honorable Mayor and Members City Council August 3, 1998 deducted from employer claim costs. Sales of surplus property have increased slightly, while there have been decreases in other miscellaneous revenues. Internal Services This category represents payments from Enterprise, Internal Service, and Agency Funds for services provided by the General Fund departments. Services provided include fire safety for the Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering services and various other public works services. The category totaled $1,911,205 achieving 99.96% of the budget and exceeding last year's revenue by $156,027. This increase was primarily due to a billing of $134,000 by Occupational Health Services to the Risk Management Fund to help fund the operation of the employee health clinic. FY98 is the first year for such billings. Engineering billings also increased, while billings by building maintenance and street maintenance declined. Expenditures Total expenditures and encumbrances for FY 1998 were $168,502,072 which were $3,010,396 or 1.76% less than City Council had authorized (see page 17). The authorized expenditure budget includes appropriations of CMERP funds during the year. General Fund expenditures and encumbrances are up 5.50°/3 overall compared to last fiscal year. The majority of this increase is due to personnel costs, but there are some other variances worthy of comment. Judicial Administration expenditures are up 7.99% due to equipment purchases and increased binding expenses by the Clerk of' Court, in addition to personnel cost increases of the Sheriff and Commonwealth Attorney. Honorable Mayor and Members City Council August 3, 1998 Public Works expenditures rose 7.72% due to increased landfill disposal fees and the purchase of approximately 36,000 automated waste containers. Parks, Recreation and Cultural expenditures reflect an increase of 7.34% due to increased cultural contributions and increases in all categories of Recreation department expenditures. Transfer to the School Fund is up 4.11%, consistent with the budgeted increase in funding for the School Board. Nondepartmental expenditures are up 27.14%, primarily reflecting increased transfers of CMERP funding appropriated for capital needs to other funds. School Fund School Board operations are accounted for as a separate fund. The revenues included in this discussion do not include the multi-year Grant Funds, but only those that comprise the annual (adopted) budget. School Fund revenues totaled $88,104,376, exceeding the estimate of $87,792,494 by $311,882 or .36%. A recent history of School Fund revenue estimates compared to actual revenues follows. SCHOOL FUND Fiscal Revenue Actual Percent of Year Estimate Collections Estimate Collected 1998 $87,792,494 $ 88,104,376 100.36% 1997 84,588,513 84,956,609 100.39% 1996 79,217,171 79,699,461 100.61% 1995 75,243,077 75,839,281 100.79% 1994 69,410,080 69,563,387 100.22% The amounts shown for FY98 are unaudited and may change slightly in the course of our external 8 Honorable Mayor and Members City Council August 3, 1998 audit. They are being reported to you for informational and planning purposes. The School Board will retain the CMERP generated in the School Fund (see page 14). It will not receive a portion of the General Fund CMERP, per the requirements established in Ordinance No. 26292, due to the fact that the Schools' settle up for its share of CSA funding exceeded the excess local taxes allocated to the Schools (see page 13). This is consistent with the method of allocating CMERP between the City and School Administration in prior years. Designated CMERP for FY98 School Share of General Fund CMERP $ N/A School Fund CMERP 1,379,555 Total School CMERP $ 1:379,555 School Fund Statement of Revenues Shown on page 18 is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. Following are some brief comments on the variances in major revenue categories. State Sales Tax State sales tax totaled $7,857,364, which was over its estimate of $7,740,411 by $116,953 or 1.51%. Grants-In-Aid Commonwealth This category includes Basic State Aid, Special Education, Summer Schools, Vocational Education, 9 Honorable Mayor and Members City Council August 3, 1998 At-Risk Children, Fringe Benefit Reimbursement, Disparity Incentive and several smaller revenue sources. Revenues in this category totaled $32,757,917, falling short of the estimate by $108,258 or .33%. Disparity incentive funding was $44,224 over budget at $1,942,498. Basic State Aid revenue was below estimate by $51,449, and Foster Home Children revenues were under by $132,524, due to a decline in school children placed in foster homes this year. The other major revenues in this category were generally close to the estimates. Grants-InLAid Federal Government The largest revenue source in this category is School Food Aid. category was $2,692,226, exceeding the estimate by 1.66%. Total revenue collected in this Cha~es for Services Major sources of revenue in this category are tuition, cafeteria receipts, and reimbursement for transportation for special trips. Revenues for the category totaled $3,321,191, and were 10.90% over the estimate. Funding for transportation and cafeteria receipts provided the most to this positive variance. Transfers from General Fund Local funding from the General Fund totaled $41,475,678 and included transfers of the School portion of FY97 General Fund CMERP as well as the School share of local taxes. This fell short of the budgeted $41,542,930 by $67,252 due to the settlement of CSA expenditures over those budgeted as part of the School Fund, as mentioned previously. Funding from the General Fund increased $1,635,538, or 4.11% since FY97. 10 Honorable Mayor and Members City Council August 3, 1998 Expenditures Expenditures and encumbrances in the School Fund (excluding special purpose grants) totaled $89,204,527, leaving an unobligated balance of $1,235,584. It is important to note that the authorized expenditure budget includes appropriations from CMERP during the fiscal year. CMERP appropriations and budgeted revenue provide sufficient funding in total for expenditures and encumbrances during the year. Detailed financial statements of the Proprietary Funds will be included with the annual financial report. All of these funds operated within the budget guidelines established by Roanoke City Council. We would like to reiterate that the General and School Fund figures discussed above are unaudited and subject to change during the audit. We would also like to thank City Council, the administration, and especially the dedicated staff of the Department of Finance for their support throughout fiscal year 1998. We would be pleased to answer any questions that Council may have. JDG:s Attachments CCi W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilbum C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk ~Director of Finance George C. Snead, Director, Administration and Public Safety Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Resources E. Wayne Harris, Superintendent, Roanoke City Schools Richard Kelley, Assistant Superintendent for Operations Barry L. Key, Manager, Management and Budget Diane Akers, Administrator, Management and Budget 11 City of Roanoke, Virginia Allocation of CMERP to the General Fund June 30, 1998 Unaudited General Fund CMERP Allocation General Fund Revenues In Excess of Budgeted Amounts General Fund Unobligated Appropriations Less: Reserve for Uninsured Claims Total General Fund CMERP Allocation School Fund CMERP Allocation, see page 13 Total General Fund CMERP 709,996 3,010,396 (250,000) 3,470,392 3,470,392 12 City of Roanoke, Virginia Allocation of General Fund Revenues to School CMERP June 30, 1998 Unaudited Local Taxes General Property Taxes Other Local Taxes Total Local Taxes 65,673,172 50,560,909 116,234,081 Less: Local Taxes Dedicated for Specific Purposes Current Downtown District Real Estate Tax Delinquent Downtown District Real Estate Tax Current Williamson Road District Real Estate Tax Delinquent Williamson Road District Real Estate Tax Downtown District Public Service Tax Utility Consumer Tax Dedicated to Roanoke River Flood Reduction Telephone Surcharge (E911) Taxes Cable TV Franchise Tax Dedicated to Local Government Access Channel Cigarette Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Motor Vehicle License Tax to Support Debt Service of Bonds Issued for Jail and Juvenile Detention Home Cigarette Tax for COPE Team and Convention and Visitor's Bureau Transient Room Tax to Support Convention and Visitors Bureau Delinquent Real Estate Taxes Dedicated to Support Tax Sale Net Local Taxes School Percentage Share of Local Taxes School Share of Local Taxes Other Adjustments: Deduct School Portion of CSA Program Deduct Interest Earnings Add Funding for Pre-School Initiative Net School Transfer Less: FY98 Local Funding of School Board Allocation of CMERP to School Board (199,346) (1,753) (53,389) (1,695) (30,852) (808,000) (942,525) (157,711) (305,000) (325,000) (501,429) (200,000) (40,000) 112,667,381 36.42% 41,033,460 (599,338) (200,000) 204,755 40,438,877 (40,438,877) Note: Percentage share based on Revenue Allocation Model developed by the Office of Management and Budget for FY98. 13 City of Roanoke, Virginia Summary of School Board CMERP June 30, 1998 Unaudited School Fund CMERP Allocation School Fund Revenues In Excess of Budgeted Amounts School Fund Unexpended Appropriations Less: Trigon Stock Proceeds Reserved for Employee Medical Insurance Premiums Add: Decrease in Workers' Comp Trust Fund Total School Fund CMERP Allocation General Fund CMERP Allocation, see page 13 Total School CMERP 311,882 1,235,584 (178,024) 10,113 1,379,555 1,379,555 14 City of Roanoke, Virginia Capital Maintenance and Equipment Replacement Reserve (CMERP) Per Ordinance 26292 Total General Fund Budget FY98 Less: General Fund Transfer to Debt Service Maximum Designated CMERP Reserve $171,512,468 10% 17,151,247 (9,510,800) $7,640,447 Amount Designated as FY98 CMERP City Portion - General Fund School Portion - General Fund $3,470,392 $3,470,392 15 Balance July 1,1997 Ordinance Number Department CMT004 Recreation 33556 CMT006 CMT008 CMT014 CMT027 CMT028 33661 CMT036 CMT038 CMT042 CMT083 CMT045 CMT047 CMT051 CMT053 CMT055 CMT146 33763 CMT061 33842 CMT065 CMT069 CMT200 CMT206 CMT223 CMT293 33860 33861 33879 TB54 CMT100 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JUNE 30, 1998 Transfer to Grant Fund Virginia Cooperative Extension Service Recreation City Clerk Human Development City Attorney City Treasurer Office of Grants Compliance City Council Engineering City Manager Office of Management and Budget Building Inspections Community Planning Juvenile Detention Home City Manager City Manager Snow Removal City Clerk Nursing Home Fund Commission of the Revenue Director of Human Development City Manager Memberships and Affiliations Personnel City Manager Various Various Solid Waste Management Memberships and Affiliations Various Balance June 30, 1998 Purpose Music for Americans and Blues and Jazz Festival Local Funding of Office on Youth Local Share of Funding Boxing Program Supplies Advertising for Public Hearing on Modified Election District System Repair Single Room Occupancy External Counsel Expenses Additional Bonding for City Treasurer Funding for Roanoke Neighborhood Development Corporation Equipment for Mayor's Office Asbestos Survey for Coyner Springs Funding for School Sports Program Funding for 1997 United Way Campaign Equipment for New Building Inspector Purchase of Historical Marker - McClanahan Cemetery Purchase of Equipment Training and Development Expenditures Contribution to 1998 City Art Show Additional funding for Snow Emergency Operations Purchase of Computer Hardware for Mayor's Office Residual Equity Resulting from Discontinuance of Nursing Home Operation Professional Fees for NADA Assessment Copying Nursing Home Files Sponsorship of First Regional Conference on Community Relations Downtown and Williamson Road Service District Payments Funding for Extended Internship Period Operating Costs Reallocate Funding for Internal Service Charges Allocate Funding for Fringe Benefits Refuse Disposal Costs Downtown and Williamson Road Service District Payments Funding for Operating Costs $367,576 (5,000) (4,642) (1,657) (2,213) (6,700) (5,000) (15,000) (14,700) (5,000) (1,550) (6,080) (3,000) (2,421) (7,670) (1,893) (1,700) (2,000) (1,400) (62,918) (1,500) 11,518 (6,000) (7,900) (6,250) (10,541) (4,134) (3,000) 72,189 (72,189) (110,000) (6,893) (72,332) 16 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July 1 - June 30 July 1 - June 30 Percentage t996-97 1997-98 of Change $64,087,189 $65,673,172 2.47 % 49,567,057 50,560,909 2.01% 680,100 722,222 6.19 % 990,907 943,559 (4.78) % 1,037,250 1,205,854 16.25 % 36,583,143 37,996,834 3.86 % 43,490 42,608 (2.03) % 3,253,684 3,458,478 6.29 % 487,418 278,198 (42.92) % 1,755,178 1,911,205 8.89 % $158,485,416 $162,793,039 2.72 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $65,860,500 99.72% 50,179,922 100.76% 590,977 122.21% 925,000 102.01% 1,061,776 113.57% 37,929,678 100.18% 33,970 125.43% 3,287,020 105.22% 302,200 92.06% 1,912,000 99.96% $162,083,043 100.44% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex.Denditure$ General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period Current Fiscal Year July 1 - June 30 1996-97 $10,213,312 4,013,524 36,660,452 24,342,107 20,990,341 4,045,477 2,796,780 9,310,800 39,840,140 7,506,337 $159,719,270 July 1-June 30 1997-98 $10,581,073 4,334,188 37,908,389 26,222,317 21,720,793 4,342,547 2,862,787 9,510,800 41,475,678 9,543,500 $168,502,072 Percentage of Change 3.60 % 7.99 % 3.40 % 7.72 % 3.48 % 7.34 % 2.36 % 2.15 % 4.11% 27.14 % 5.50 % Unencumbered Balance $388,246 100,681 742,523 230,469 1,370,659 39,100 10,513 67,252 60,953 $3,010,396 Revised Appropriations $10,969,319 4,434,869 38,650,912 26,452,786 23,091,452 4,381,647 2,873,300 9,510,800 41,542,930 9,604,453 $t7t,512,468 Percent of Budget Obligated 96.46% 97.73% 98.08% 99.13% 94.06% 99.11% 99.63% 100.00% 99.84% 99.37% 98.24% 17 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1- June 30 July 1 - June 30 Percentage 1996-97 1997-98 of Change $7,748,707 $7,857,364 1.40 % 31,431,577 32,757,917 4.22 % 2,517,942 2,692,226 6.92 % 3,418,243 3,321,191 (2.84) % 39,840,140 41,475,678 4.11% 10,926,348 9,615,364 (12.00) % $95,882~957 $97,719,740 1.92 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $7,740,411 101.51% 32,866,175 99.67% 2,648,172 101.66% 2,994,806 110.90% 41,542,930 99.84% 9,615,364 N/A $97,407,858 100.32% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1-June 30 July 1-June 30 Percentage Unencumbered Revised Expenditu res 1996-97 1997-98 of Change Balance Appropriations Instruction $61,972,199 $63,892,506 3.10 % General Support 2,863,945 2,919,661 1.95 % Transportation 2,806,427 3,004,637 7.06 % Operation and Maintenance of Plant 9,197,080 9,219,700 0.25 % Food Services 3,796,859 3,829,667 0.86 % Facilities 2,837,342 2,648,139 (6.67) % Other Uses of Funds 3,326,924 3,690,217 10.92 % Special Purpose Grants 10,926,348 9,615,364 (12.00) % Total $97,727,124 $98,819,891 1.12 % $391,018 219,191 16,196 330,642 159,486 119,051 $1,235,585 $64,283,524 3,138,852 3,020,833 9,550,342 3,989,153 2,767,190 3,690,217 9,615,364 $100,055,475 Percent of Budget Obligated 99.39% 93.02% 99.46% 96.54% 96.00% 95.70% 100.00% N/A 98.77% 18 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 1998 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance General Government $15,465,808 $9,361,603 $6,104,205 $483,077 $5,621,128 Public Safety 362,350 18,588 343,762 49,500 294,262 Education 38,601,601 24,283,717 14,317,884 13,374,567 943,317 Community Development 1,081,000 82,269 998,731 958,731 49,000 Recreation 1,085,375 494,924 590,451 193,441 397,010 Streets and Bridges 22,841,793 14,007,870 8,833,923 5,258,835 3,575,088 Sanitation Projects 1,362,308 950,705 411,603 19,890 391,713 Traffic Engineering & Communications 2,383,764 1,681,1 71 702,593 410,465 292,128 Other Infrastructure Projects 29,446,684 6,265,066 14,181,61 8 3,836,177 10,345,441 Capital Improvement Reserve 3,462,460 3,462,460 3,462,460 Total $107,093,143 $57,145,913 $49,947,230 $24,584,683 $25,362,547 19 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Miscellaneous Expense Transfer to ClS Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income 1998 $3,025,421 2,806,057 228,078 21,983 1,420,150 3,633 540,308 8,045,630 1,425,809 3,359,864 1,388,472 6,174,145 1,871,485 416,242 25,681 51,007 (1,066,592) (172,371) (233,446) (979,479) $892,006 1997 $3,141,605 2,777,950 235,981 23,658 1,809,958 15,736 399,145 8,404,033 1,407,877 3,509,242 853,732 5,770,851 2,633,182 295,057 7,856 86,470 (1,547,093) (8,530) ( 1,166,240) $1,466,942 2O CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Miscellaneous Expense Transfer to ClS Fund Transfer to Capital Projects Fund Net Nonoperating Revenues Net Income 1998 $6,988,997 966,481 164,918 911,719 119,107 229,868 54,923 9,436,013 1,716,407 4,633,081 961,666 7,311,154 2,124,859 580,417 22,271 (197) (172,371 ) (37,071) 393,049 $2,517,908 1997 $7,165 027 876 345 228 317 821 081 107 956 154 967 95 981 9,449,674 1,684,064 4,712,683 1,019,639 7,416,386 2,033,288 445,213 24,610 (3,692) 466,131 $2,499,419 21 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Rentals Parking Fees Event Expenses AdverlJsing Admissions Tax Commissions Novelty Fees Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Income/Loss 1998 $684,596 277,571 250,335 9,213 304,724 362,684 113,668 2,002,791 1,089,454 1,143,929 394,879 2,628,262 (625,471) 1,087,162 56,811 14,060 1,158,033 $532,562 1997 $625,762 233,404 199,541 2,535 250,249 269,970 83,836 1,665,297 1,150,115 1,304,870 430,148 2,885,133 (1,219,836) 1,027,798 38,750 13,615 1,080,163 ($139,673) 22 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer from General Fund Operating Subsidy for GRTC Transfer to Capital Projects Fund Interest on Investments Interest and Fiscal Charges Miscellaneous Net Nonoperating Expenses Net Income(Loss) 1998 $262,919 408,030 164,707 385,285 232,333 94,160 1,547,434 702,656 539,820 1,242,476 304,958 1,097,773 (859,211) (29,682) 36,476 (461,467) 3,978 (212,133) $92,825 1997 $282,808 425,482 153,935 399,777 207,944 90,951 1,560,897 750,556 523,504 1,274,060 286,837 1,001,133 (773,628) (636,451) 7,764 (401,182) ($114,34s) 23 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Gain on Sale of Nursing Home Interest on Investments Miscellaneous Revenue Total Nonoperating Revenues Net Income (Loss) 1998 26,201 150,903 177,104 221,106 55,115 3,936 280,157 (103,053) 7,280 7,280 {$95,773) 1997 $3,296 310,636 962,167 1,276,099 1,445,201 508,375 14,581 1,968,157 (692,058) 545,022 414,240 39,408 9,760 1,008,430 $316,372 24 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Commission Conference Center Total Operating Revenues FY 1998 CONFERENCE COMMISSION (1) CENTER (2) TOTAL - 2,799,107 2,799,107 2,799,107 2,799,107 FY1997 2,336,979 2,336,979 Operating Expenses Commission Conference Center Total Operating Expenses 95,594 95,594 77,276 2,466,786 2,466,786 2,019,681 95,594 2,466,786 2,562,380 2,096,957 (95,594) 332,321 236,727 240,022 Net Operating Income (Loss) Nonoperating Revenues (Expenses) City ContdbutJon Virginia Tech Contribution Proceeds from Brick Sales Interest on Investments Conference Center 175,000 175,000 175,000 175,000 175,000 175,000 572 572 225 31,935 31,935 11,842 (113,137) (113,137) (82,247) 382,507 (113,137) 269,370 279,820 Net Nonoperating Revenues (Expenses) Net Income Before Depreciation 286,913 219,184 506,097 519,842 Depreciation Expense/Replacement Reserve 464,988 55,978 520,966 511,727 ($14,869) $8,115 Net Income (Loss) ($178,075) $163,206 Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 25 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 12 MONTHS ENDING JUNE 30, 1998 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) TOTALS City Information Materials Management Utility Line Fleet Risk Systems Control Services Services Management Management 1998 1997 $2,811,264 $177,497 $179,852 $3,086,072 $3,122,188 $6,512,190 $15,889,063 $21,456,884 2,811,264 177,497 179,852 3,086,072 3,122,t88 6,512,190 15,889,063 21,456,884 1,464,246 104,569 25,294 2,275,477 1,207,878 170,915 5,248,379 5,188,414 689,049 28,013 100,937 501,009 900,347 6,661,773 8,881,128 14,841,259 612,325 1,828 30,103 178,950 1,549,441 2,372,647 1,239,297 2,765,620 134,410 156,334 2,955,436 3,657,666 6,832,688 16,502,154 21,268,970 45,644 43,087 23,518 130,636 (535,478) (320,498) (6t3,091) 187,914 interest Revenue 130,930 12,709 83,972 82,029 515,211 824,851 766,394 Gain on Sale of Trigon Common Stock 276,713 276,713 301,054 Miscellaneous Expense (14,494) Transfer from Other Funds 1,853,867 830,007 250,000 2,933,874 1,768,469 Transfer to Other Funds (13,471) (386,219) (69,478) (4,804) (473,972) Net Nonoperating Revenues (Expenses) 1,984,797 (762) (302,247) 842,558 1,037,120 3,561,466 2,821,423 Net Income (Loss) $2,030,441 $43,087 $22,756 ($171,611) $307,080 $716,622 $2,948,375 $3,009,337 26 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JUNE 30, 1998 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 1998. ! BALANCE AT BALANCE AT BALANCE AT i __ FUND MAY 31, 1998 RECEIPTS DISBURSEMENTS JUNE 30, 1998. _ JUNE 30, 1997 GENERAL $10,026,204.50 $14,262,347.87 $14,452,607.26 $9,835,945.11 $6,715,676.40! ~ WATER 6,778,721.75 566,608.22 250,902.35 7,094,427.62 7,213,279.11 !SEWAGE 16,399,740.57 1,831,728.72 3,995,911.16 14,235,558.13 22,235,508.63 CIVIC CENTER 1,033,735.43 519,231.97 119,384.16 1,433,583.24 698,376.08 TRANSPORTATION 89,314.44 133,421.72 43,802.42 178,933.74 (236,286.07) ~ CAPITAL PROJECTS 42,170,876.95 1,708,569.20 1,449,754.79 42,429,691.36 34,787,223.98 NURSING HOME 98,227.32 0.00 98,227.32 0.00 628,803.49 ;CONFERENCE CENTER 914,851.82 2,882.37 8,887.56 908,846.63 324,573.63 DEBT SERVICE 11,241,993.76 51,225.28 6,750.00 11,286,469.04 9,107,653.65 CITY INFORMATION SYSTEMS 3,663,381.59 563,951.06 373,551.52 3,853,781.13 2,257,479.39 MATERIALS CONTROL (73,841.34) 83,568.28 94,011.25 (84,284.31) (5,959.53', !MANAGEMENT SERVICES 216,102.97 19,467.40 6,806.55 228,763.82 233,315.95 i UTILITY LINES SERV 1,683,096.77 33,913.44 108,379.00 1,608,631.2t 1,447,044.18 FLEET MANAGEMENT 792,550.26 108,322.14 303,861.65 597,010.75 1,696,333.52! PAYROLL (6,969,092.12) 13,578,023.26 12,570,747.68 (5,961,816.54) 2,259,204.75 RISK MANAGEMENT 9,560,877.87 535,263.99 450,567.06 9,645,574.80 9,753,509.241 PENSION (460,117.54) 2,512,002.66 1,498,712.69 553,172.43 478,202.151 SCHOOL FUND 7,870,099.92 7,073,906.27 5,449,642.90 9,494,363.29 7,639,849.351 FDETC 113,440.78 152,560.66 142,149.76 123,851.68 140,530.241 GRANT 16,755.73 1,206,551.34 419,439.70 803,867.37 477,283.04 TOTAL $105,166,921.43 $44,943,545.85 $41,844,096.78 $108,266,370.50 $107,851,601.181 CERTIFICATE HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30, 1998. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $349,710.35 2,466,578.04 6,395,000.00 7,965,466.67 52,000,000.00 9,462,005.56 29,627,609.88 $108,266,370.50 DATE: JULY 14, 1998 ~'DAVID C. A-~DERSON, TREASUPTEI~ ~ 27 CiTY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 12 MONTHS ENDING JUNE 30, 1998 Reven u · Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1998 $6,081,036 8,030,971 12,618,683 13,124 $26,743,814 1997 $6,526,826 7,848,341 32,552,132 195,234 $47,122,533 Expenses Pension Payments Fees for Professional Sewices Bond Premium Amortization Active Service Death Benefits Administrative Expense Total Expenses Net Income $8,920,237 900,634 289,931 21,621 218,594 10,351,017 $16,392,797 $8,228,669 890,892 458,342 239,034 9,816,937 $37,305,596 28 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JUNE 30, 1998 Assets Cash Investments: (market value: 1998 $305,645,240 1997 $255,137,782) Due from Other Funds Due from Other Governments Accured Investment Income Other Assets Total Assets 1998 $537,585 225,182,467 234,629 7,538 1,126,608 18,000 $227,106,827 1997 $478,009 208,790,254 215,596 7,026 1,202,117 18,000 $210,711,002 Liabilities and Fund Balance Liabilities: Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $210,173 210,173 210,503,857 16,392,797 226,896,654 $227,106,827 $192,445 192,445 173,212,961 37,305,596 210,518,557 $210,711,002 29 · CITY OF ROANOKE Office of the City Clerk Miry F. Parker, CMC/AAE city Ck rk August6,1998 ~ndm H. F. akin Deputy C~ Ckll~ File f~212-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33962-080398 authorizing an agreement with the County of Roanoke to provide for construction of a police training facility on property owned by the County. The- aboverefemnced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:lo Attachment pc: Elmer C. Hodge, County Administrator, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety A. L. Gaskins, Chief of Police George M. McMillan, Shedff Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Delores C. Daniels, Assistant to the City Manager for Community Relations Glenn A. Asher, Manager, Risk Management Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENOAg~AUG~.WI:~ IN THECOUNC]LOFTHECITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33962-080398. AN ORDINANCE authorizing an agreement with the County of Roanoke to provide for construction of a police training facility on property owned by the County upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke, Virginia (County) whereby City and County agree to establish a jointly owned police training facility on property owned by County and located in the County of Roanoke. 2. The agreement which shall provide that the facility will be for the use of City and County law enforcement officers may be terminated upon 90 days notice and shall contain such other terms and conditions deemed necessary by the City Manager... The form of the agreement shall be approved by the City Attorney and will be substantially as set forth in the attachment to the City Manager's report dated August 3, 1998. 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. RECEI'vED (:ITY C;':~' :'': August 3, 1998 Report No. 98-354 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Police Training Facility - Dixie Caverns Landfill Site in Roanoke County 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 the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to establish a joint Firearms Training Range at the Dixie Caverns site, in accordance with conditions stated in the attached report. Respectfully submitted, (inCa F. Wyatt, C h~a~lrpers ~~"~n~~'g>' Water Resources Committee LFW:KBK:afm Attachment CC: Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations George C. Snead, Director of Public Safety A. L. Gaskins, Chief of Police G. M. McMillan, City Sheriff Charles M. Huffine, City Engineer Sarah Fitton, Engineering Coordinator Delores D. Daniels, Assistant to City Manager for Community Relations Glenn A. Asher, Risk Manager Diane S. Akers, Budget Administrator Report No. 98-354 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: July 20, 1998 TO: FROM: SUBJECT: ~ ~.embers, j/Vater Resources Committee ~ecj~0.r, Utilities and Operations thru '~-I~obert Herbe' ,rt~City Manager Police Training Facility - Dixie Caverns Landfill Site in Roanoke County Background in chronological order is as follows: Training of police officers is mandated by the Comonwealth of Virginia. Police officers must meet certain minimum standards annually. Previously, property leased from Norfolk Southern has been utilized to conduct training for City of Roanoke police officers. Negotiations for continued use of the Norfolk Southern property have failed, creating the need to locate a new facility. Earlier proposed Carvins Cove location was not acted upon due to opposition to the site by area residents. II. Current Situation is as follows: Ap County-owned property at the Dixie Caverns Landfill site has been identified as suitable for development of a joint Roanoke City and Roanoke County (the "County") law enforcement training facility. An exhaustive search of the Roanoke Valley has not produced a viable alternative site. Property. is located in Roanoke County, with a Special Use Permit having been issued for its use as a Firearms Training Range. Members, Water Resources Committee July 20, 1998 Police Training Facility - Dixie Caverns Landfill Site in Roanoke County Page 2 Co The pro.Dosed agreement with the County_ (see attached draft) provides for establishment of a firearms range governing committee ("Committee") consisting of both City and County representatives. Capital, operational, and maintenance costs will be shared equally. The County will receive a credit of $30,000 for the value of the land and retain ownership thereof, which is acceptable due to environmental concerns related to the proposed site. Either party may terminate with ninety days written notice, subject to certain provisions. Do Environmental issues are present since the site of the firing range is partially located on the Dixie Caverns landfill. Care has been taken to situate the proposed building outside of the area where the landfill "cap" was established. ,As further protection for the City, the administration, with the assistance of the City Attorney's office, is working on language to be inserted into the final agreement whereby the City would not bear any liability for site conditions which preceded the City's involvement in this project. The final language will be agreed to before the contract with the County is presented to Council for action. III. Issues in order of importance are: A. Need B. Timing C. Cost IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize the City Manager to execute the appropriate documents between the City and the County to establish a joint Firearms Training Range at the Dixie Cavern (landfill) site. Need for a training facility in order to conduct the required training of law enforcement officers will be met. The facility will serve four departments, i.e., City Police, City Sheriff, County Police, and County Sheriff. Members, Water Resources Committee July 20, 1998 Police Training Facility - Dixie Caverns Landfill Site in Roanoke County Page 3 Timing is critical to ensure continuity of the police training program. Current facility is being utilized on a month-to-month basis, which could be canceled with thirty days notice. In addition, grading and construction work required for the new facility may be obtained by requesting assistance of the Marine Reserves. The acceptance of this project by the Marine Reserves is directly related to submission of required paperwork on a "first request" basis. The Cooperative Agreement is a portion of the required paperwork. Cost of the project will be shared between the City and the County Police and Sheriff's departments. The County has $50,000 available in addition to their contribution of the site. Funding of $157,000 for the City share of construction is available in Capital Fund Account No. 008-052-9676-9065, which is sufficient to match the County's contribution of $80,000 ($50,000 cash; $30,000 land) and leave a balance of $77,000. Scope of project will be determined by the amount of available funding. Water Resources Committee does not recommend that City Council authorize the City Manager to execute the appropriate documents between the City and the County to establish a joint Firearms Training Range at the Dixie Cavern (landfill) site. Need for a training facility in order to conduct the required training of police officers will be met. Timing to ensure continuity of the police training program may be jeopardized. Use of current facility could be canceled with thirty days notice. The Marine Reserves could reject the request for assistance due to other projects. Cost of the project will be borne by the County, with a scaled back version of a training facility being built. The County has stated that a range will be built on the site whether the City participates or not. Funding for the City share of construction will remain in Capital Fund Account No. 008-052-9676-9065. Water Resources Committee's Recommendation is that City Council approve Alternative "A", and take the following actions: Members, Water Resources Committee July 20, 1998 Police Training Facility - Dixie Caverns Landfill Site in Roanoke County Page 4 Authorize the City Manager or the Assistant City Manager and the City Clerk to execute and attest, respectively, the necessary documents, in a form approved by the City Attorney, to establish a joint Firearms Training Range at the Dixie Cavern site. WRH/KBK/BSL/SEF Attachments CC: City Attorney Director of Finance Director of Public Safety Director of Utilities and Operations Chief of Police City Sheriff Assistant to City Manager for Community Relations City Engineer Risk Manager Engineering Coordinator Budget Administrator MEMORANDUM OF AGREEMENT This Memorandum of Agreement which is made and entered into by and between Roanoke County ("County") and City of Roanoke ("City") is dated the 3rd day of August, 1998, for identification. Whereas, the undersigned political subdivisions which are parties to the Agreement are desirous of maximizing the training of police officers in the use of firearms by combining resources and making the most efficient use of possible law enforcement firearms personnel; and Whereas, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the firearms training of police personnel; and Whereas, neither of the parties hereto currently has a long term commitment to land suitable for the development of a police firearms training range; and Whereas, both parties hereto desire to combine potential resources which could be used to construct a police firearms training range for the use and good of both parties; and Whereas, County owns appropriate land identified in the attached plat in west Roanoke County suitable for the development of a cooperative police firearms training facility; and Whereas, both jurisdictions have capital funds available to begin development of a cooperative police firearms training facility. Now, therefore it is hereby agreed by and between the parties hereto as follows: 1. The term "cooperative firearms facility" or "Range" shall mean land, designated roadways leading immediately thereto, utilities, target mechanisms, or other physical structures and facilities used for the purpose of providing a police firearms training facility on property heretofore identified. The Range shall be under the joint direction and supervision of a firearms range governing committee ("Committee"), consisting of representatives appointed by the Chiefs of Police of the City and County, and Sheriffs of the City and County. SPECIFIC PROVISIONS - COUNTY County shall make available approximately 14.9 acres of suitable land heretofore identified in west Roanoke County to be developed as a firearms range. County shall retain ownership of the land throughout the term of this Agreement. The City hereby authorizes the County to make all applications on its behalf related to zoning or permits for this project. County will have prepared a site plan that details the dimensions of the Range, and includes proposed topographic grading and necessary soil erosion control. The site plan shall be incorporated into and made a part of this agreement. Costs of utilities service and installation shall be borne by the Committee which shall provide for such costs in its annual operations budget. County will, as expeditiously as possible, take all actions necessary to obtain all required zoning, special use and building permits. Any costs necessary to obtain such permits shall be borne by the County. 5. County will provide daily security inspections of the Range area. 6. County will perform routine trash removal at the county's expense. To the extent permitted by the laws of the Commonwealth of Virginia, the County will be responsible for the acts or failures to act of its officers, agents and employees which may result in any claim for liability or monetary penalty under either state or federal law related to any alleged activity or violation of any environmental law or regulation and/or which causes or allegedly causes injury to persons or property occurring at or near or arising out of the Dixie Caverns landfill site, including all adjoining properties, owned by the County In so far as permitted by law, each party agrees that, as between the parties, it shall be responsible for its agents' and employees' acts and omissions within the scope of their duties which cause injury to persons or property directly resulting from their use of the Dixie Caverns landfill site. Notwithstanding the above, neither party shall be responsible for punitive damages assessed against its employees or agents, or for its employees' or agents' criminal conduct. Nothing herein shall be deemed as a waiver of sovereign immunity or any other defense available to the County or City. In addition, the County agrees that the prior uses for landfill purposes of the area on which the firing range will be located or any adjoining properties thereto and any and all ramifications resulting from such prior uses, including but not limited to any future clean up, penalties, fines, etc., shall be the sole responsibility of County and not City as between those parties. Furthermore, the County agrees that it will take all reasonable and necessary steps to assert coverage under any public liability insurance, currently the VA RISK 2 Public Officials Liability coverage, which may be applicable to the Extraterritorial Agreement between the City and County dated March 4, 1996, as authorized by § 15.2-1736, Code of Virginia, 1950, as amended, to cover any claim or liability alleged to arise out of or covered by this Agreement. The County shall provide to the City evidence of its liability insurance coverage. The provisions of this agreement are for the sole benefit of the parties, and no other person or entity shall be entitled to enforcement of any parts of this agreement. MUTUAL OBLIGATIONS County and City agree to provide contributions of assets or funds of equal value for the construction of and improvements to the Range. Once the Range is initially completed the County and City will contribute funds in equal parts toward the operating expenses of the Range. The County's initial contribution toward the cost of the construction of the Range shall be the fair market value of the site as identified in paragraph 1 above. A joint assessment will be conducted by the County and City Assessor's Office to determine the current assessed value of the property being provided by the County. The assessed value of the site will be considered as the initial portion of the County's funding contribution for construction of and improvements to the Range. (See Attached Assessment). The initial Range improvements shall include the following: Classroom structure, groomed shooting areas, control tower(s), mechanical targets, storage building(s) and 3 associated equipment, lighting, electrical service, classroom furniture and equipment, plumbing and fixtures, free-standing covered instructional and shooting areas and any other expenditures jointly approved by the Committee. o The County and the City agree that all construction of and improvements to the Range will comply with all state laws and county code provisions and the directions of the Committee. The Roanoke County Purchasing Department will handle the procurement of all materials and supplies for the construction of and improvements to the Range upon written direction of the Committee by its Chair as provided in paragraph 5 below. The Roanoke County Finance Department will process all invoices for payment for these materials and supplies and will bill the County and City on a monthly basis in accordance with the terms of this agreement for all expenses, services and operating costs associated with the Range as approved by the Committee. It is the agreement of the parties that the County will be billed for an equal share of the costs of construction and improvement of the Range only after the City has been billed for an amount equal to the agreed assessed value of the site contributed by the County as established in paragraph 1 of this Section above. o The Range will be under the jurisdiction and supervision of the Committee. The Committee will consist of 5 members, appointed as follows: CHAIR: The Chair shall have all rights of membership including the fight to vote. The chair shall rotate each calendar year between the jurisdictions in the following order (County Police - City Police - County Sheriff- City Sheriff). The Committee shall adopt and be governed by Bylaws which shall be subject to approval by the Chiefs of both the City and County. Such Bylaws shall include the following components: A. Quorum: Four, which can be made up of members from any of the four departments. In order for the 4 committee to approve any formal action, if fewer than four affirmative votes are received, there must be at least one affirmative vote from each jurisdiction. Schedule of Meetings: To be held at least quarterly. Notice of Meetings: Five working days unless waived in writing by all members. D. Scheduling/Use: To be determined by the Committee and incorporated in the Bylaws or published rules. E. Range Masters: Appointed from each Police and Sheriff Department to administer the Committee's policy; Range Master shall not be a voting member of the Committee. With the objective of insuring safe operation of the Range, the Committee shall govern the use of the Range. Subject to the terms and conditions of this Memorandum of Agreement, the Committee shall have absolute discretion to refuse permission for the use of the Range or to establish such conditions for its use as the Committee shall deem necessary. o Off-duty police officers from the County and City Police and County and City Sheriffs Departments will have access to use the Range subject to any terms and conditions established by the Committee. No alcohol, controlled substances or other contraband shall be in the actual or constructive possession of an individual at the Range site except for training purposes in accordance with written authorization by the division commander of the persons engaged in the training. 5 10. 11. 12. 13. This Agreement shall not be construed to impair or affect any sovereign or governmental or official immunities that may otherwise be available to the City and County of Roanoke, any of its officers, agents or employees. Any legal liability which may be imposed upon either party by a court of competent jurisdiction or by duly authorized settlement of any legal claim against either jurisdiction shall be retained by each party hereto for the conduct of its own employees and for such invitees as each may authorize to use or be present on the premises of the Range. In the event of a third party liability claim not covered by this paragraph, both the City and County shall equally share in all costs of defense and in any monetary judgment or settlement of such claim, unless otherwise mutually agreed to between the parties. Both the City and County shall be responsible for worker's compensation liability for their respective employees who may suffer compensable injuries arising out of their use of or authorized presence at the Range. Snow removal decisions shall be made by the Committee and necessary costs for such will be shared by the parties hereto. Annual operating costs and maintenance of the Range: A. The Committee shall adopt an annual operating and maintenance budget for the Range and shall submit such budget to the City and County budget offices by December 15th of each year. The City and County shall equally share the annual costs of operating and maintaining the Range. If either the City or the County should fail to appropriate sufficient funds for the operation and maintenance of the Range, that jurisdiction shall be in default and therefore ineligible to use the Range for the balance of that fiscal year or until such time as it shall make funds available to meet its proportionate budget responsibilities. Bo The Chief of Police of the County or his designee will prepare an itemized invoice and forward to the Chief of Police of the City a quarterly billing (September 30, December 31, March 31, and June 30) for the actual cost of operating and maintaining the Range. Within 30 days of approval by the Chief of Police, the City shall promptly remit to the County full payment for its proportionate share (50%) of these costs. 14. Either party shall indicate its desire to terminate this agreement by providing written notice to the chief governing officer of the other party at least ninety (90) days in advance of such termination. Within thirty (30) days of receipt of such written notice to terminate, the receiving jurisdiction may request the initiation of mediation or other nonbiding alternative dispute resolution (ADR) proceedings. Such a request for ADR proceedings shall operate as a stay of any termination until the completion of any such proceedings pursued in good faith. In the event of termination, the City will be reimbursed for the value of the improvements and equipment for which the City has been invoiced and has paid under paragraph 4 above but reduced in value on a straight line depreciation calculation, but not to exceed a ten (10) year calculation period. Ownership of any City personal property which has not been formally transferred to the Committee shall be retained by the City and may be removed from the Range site at termination. The County shall retain ownership of the site and shall have and receive ownership of all fixtures, personal property and equipment and other assets of the Committee. The Committee shall execute any deeds, bills of sale or conveyances reasonably requested by the County to evidence the County's ownership of all assets formerly owned or controlled by the Committee. 15. The County shall pay to the City any amount established in accordance with paragraph 14 above within ninety (90) days from the termination date of this agreement. ATTEST: Mary Allen, Clerk of Board COUNTY OF ROANOKE By Elmer C. Hodge, County Administrator Approved as to Form: Approved as to Execution: County Attorney County Attorney ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE By. W. Robert Herbert, City Manager Approved as to Form: Approved as to Execution: City Attorney City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # Mary F. Parker, CMC/AAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File f~60-67 · andra H. F. akin Deputy cay Ck, rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33965-080398 declaring the City's intent to reimburse itself' from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc James D. Gdsso, Director of Finance William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Chades M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Ellen $. Evans, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33965-080398. A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park; and providing for an effective date. ' ' BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $8,548 appropriated by an ordinance simultaneously adopted by the City Council on August 3, 1998, for certain expenditures to be made in connection with the construction of new comfort stations at Eureka Park and Lakewood Park from proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to public bridges, public buildings, economic development, parks, public schools, storm drains, streets and sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-072197, also adopted by City Council on July 21, 1997, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified voters of the City approved Ordinance No. 33497-072197. The maximum principal amount of debt expected to be issued for the Neighborhood Park Improvement Program of which construction of new comfort stations at Eureka Park and Lakewood Park is a part, is $3,900,000 all as is more fully set forth in the August 3, 1998 report to this Council. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of'Information Act, §2.1-340 et seq., Code of'Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. 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 SANDRA H. EAKIN Deputy City Clerk August 6, 1998 File f~60-67 Gene D. Lucas, Sales U. S. Construction Co. of Roanoke, Inc. 8201 Williamson Road, N. W., Suite C Roanoke, Virginia 24019 Dear Mr. Lucas: I am enclosing copy of Ordinance No. 33964-080398 accepting the bid of U. S. Construction Co.,' of Roanoke in the amount of $114,548.00, for the construction of new comfort stations at Eureka Park and Lakewood Park; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Chades M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Ellen S. Evans, Construction Cost Technician H:~GIENDAg~klJ~.WlaO 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 6, 1998 File ~60-67 SANDRA H. EAKIN Deputy City Clerk Lawrence D. Johnson, Jr., President Construction Services of Roanoke, Inc. 3812 Concord Place Roanoke, Virginia 24018 George H. Williams, Jr., President Williams Painting & Remodeling, Inc. 2314 Ridgefield Street, N. E. Roanoke, Virginia 24012 Betty A. Hauser, Corporate Secretary Breakell, Inc. P. O. Box 6414 Roanoke, Virginia 24017 Dear Ms. Hauser and Gentlemen: I am enclosing copy of Ordinance No. 33964-080398 accepting the bid of U. S. Construction Co., of Roanoke in the amount of $114,548.00, for the construction of new comfort stations at Eureka Park and Lakewood Park; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Enclosure H:~AGENDAg6~AUC.-~.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33964-080398. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for the construction of new comfort stations at Eureka Park and Lakewood Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid ofU. S. Construction Co. of Roanoke in the total amount orS114,548 (which includes the Base Bid and Additive Bid Item No. 2) for the construction of new comfort stations at Eureka Park and Lakewood Park, as is more particularly set forth in the City Manager's report dated August 3, 1998, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of Supply Management, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out. of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE cay Ck, rk August6,1998 Sandra H. Eakin Deputy cay cterk File ~60-67 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33963-080398 amending and reordaining certain sections of the 1998-99 General and Capital Projects Funds Appropriations, providing for appropriation of $115,000.00, in connection with award of a contract to U. S. Construction Co. of Roanoke for the construction of new comfort stations at Eureka Park and Lakewood Park. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation D. Darwin Roupe, Manager, Supply Management Chades M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Ellen S. Evans, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33963-080398. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ................................... Fund Balance Reserved for CMERP - City (2) ................................. Capital Proiects Fund Appropriations Recreation Comfort Stations for Eureka & Lakewood Parks (3-4) ................ Capital Improvement Reserve Public Improvement Bonds - Series 2000 (5) ...................... 1) Transfers to Other Funds (001-004-9310-9508) $ 115,000 2) Reserved for CMERP - City (001-3323) (115,000) $ 59,305,294 3,064,780 $ 716,359 $ 1,708,923 123,548 $ 2,878,912 (2,678,536) 3) Appropriated from General Revenue (008-052-9712-9003) $115,000 4) Appropriated from Bond Funds ' (008-052-9712-9001) 8,548 5) Parks (008-052-9709-9180) (8,548) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY CL[~! .... ~ .... "~ August 3, 1998 Council Report No. 98-161 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, W. Alvin Hudson, Jr. William F. Clark C ~. S/CMA/ca Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Manager, Parks & Recreation Manager, Supply Management City Engineer Project Manager Assistant to the City Manager for Community Relations Budget Administrator Construction Cost Technician August 3, 1998 Council Report No. 98-161 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/CMA/ca Attachment: Bid Committee Report C' City Attorney City Clerk Director of Finance Director of Public Works Manager, Parks & Recreation Manager, Supply Management City Engineer Project Manager Assistant to the City Manager for Community Relations Budget Administrator Construction Cost Technician August 3, 1998 Council Report No. 98-161 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 I. Background on the subject in chronological order is as follows: Existing comfort stations (restroom buildings) at Eureka and Lakewood Parks and at Breckinrid.qe Middle School are structures constructed with steel frames with a steel plate "skin." These buildings present a very utilitarian, almost "penal," appearance and thus are no longer appropriate to Parks & Recreation's pro-active plan to rejuvenate the City's park facilities. Funding, in the amount of $115,000.00, to replace such structures was identified as part of the FY 1997-98 Capital Maintenance and Equipment Replacement Program (CMERP). II. Current Situation: Office of City En.qineer prepared bid documents to construct new comfort stations for Eureka and Lakewood Parks and Breckinridge Middle School, and publicly advertised the project in the Roanoke Times on May 3, 1998 and the Roanoke Tribune on May 4, 1998. Two additive bid items were included in bid documents, the first to provide a trowel-applied epoxy-type flooring system in each building, the second to insulate the walls and roof structure of each building. 2. A non-mandatory pre-bid conference was held on May 19, 1998. The scope of work for the proiect includes the construction of residential scale masonry (concrete masonry unit) buildings with wood framed roofing system. Exterior of new facilities for Eureka Park and Breckinridge Middle School will utilize coated "split-faced" concrete masonry units and the exterior for Lakewood facility cedar siding. (Masonry facade for Eureka and Breckinridge will better match the brick faced structures which are located nearby, and the cedar siding on the building at Lakewood will better match the small pump house which is contiguous to that site.) Both buildings will receive fiberglass-type shingle roofing systems and painted trim. The interior of each structure will include painted masonry unit walls, seamless BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 August 3, 1998 Page 2 epoxy-type "terrazzo" flooring system and polymer resin toilet partitions and counter tops. The new toilet buildings will be furnished with porcelain plumbing fixtures and will also be equipped with artificial (fluorescent) lighting for overcast days or for use during evening hours. Four (4) bids to construct the three new comfort stations were publicly opened and read aloud before the Manager of Supply Management on June 2, 1998. 1. Bids were submitted from the following bidders: U. S. Construction Co. of Roanoke Construction Services of Roanoke, Incorporated Williams Painting & Remodeling, Inc. Breakell, Inc. Roanoke, Virginia Roanoke, Virginia Roanoke, Virginia Roanoke, Virginia U. S. Construction Co. of Roanoke, Suite C, 8201 Williamson Road, N.W., Roanoke, Virginia 24019, submitted the lowest responsive and responsible bid in the amount of $154,012.00 for Base Bid, $7,620.00 for Additive Bid No. 1, and $7,250.00 for Additive Bid No. 2. 3. Contractor indicated a completion time of 150 consecutive calendar days to build all three buildings. Parks & Recreation made the decision to construct only two comfort stations given the difference between the amount indicated in the bids for three facilities and the amount identified under CMERP program for the project. The two new buildings will be built at Eureka at Lakewood Parks. In negotiating the cost to build only two buildings, the Iow bidder, U. S. Construction Co. of Roanoke, reduced the Base Bid cost to $109,473.00, the cost for Additive Bid Item No. 1 to $5,334.00, and the cost for Additive Bid Item No. 2 to $5,075.00. Again, given the difference in cost to construct two buildings and the amount available from CMERP, the decision was made to accept the Base Bid and Additive Bid Item No. 2; Additive Bid Item No. 1 will not be accepted. The Iow bidder indicated that a completion time of 100 consecutive calendar days will be needed to construct the two structures. III. Issues in order of importance are as follows: A. Need to replace existing comfort stations with a more aesthetically pleasing structure. B. Total amount of the Iow bid. C. Funding for the project. BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 August 3, 1998 Page 3 D. Time of completion. IV. Alternatives in order of feasibility are as follows: A. Award a contract to construct two new comfort stations for Eureka and Lakewood Parks to U. S. Construction Co. of Roanoke, in accordance with Base Bid and Additive Bid No. 2 as stipulated in contract documents. 1. Need to replace existing comfort stations will be satisfied. 2. Total amount of the Base Bid and Additive Bid No. 2 can be funded. 3. Funding for project has been identified under FY 1997-98 Capital Maintenance & Equipment Replacement Program (CMERP), and remainder from 1997 Neighborhood Parks Improvements Bond Referendum. 4. Time of completion to construct the two new buildings is established at 100 days. B. Reject all bids and do not award a contract at this time. 1, Need to replace existing comfort stations will not be fulfilled; City's commitment to improve the "quality of life" for its citizens, in particular for those who use the facilities in the two parks would be denied. 2. Total amount to construct two new comfort stations at these parks will in all likelihood increase if rebid at a later date. 3. Funding would not be encumbered at this time. 4. Time to complete the project would be extended. Recommendation is as follows: A. City Council concur with "Alternative IV.A" and take the following action: 1. Authorize the City Manager to enter into a contractual agreement, in a form acceptable to the City Attorney, with U. S. Construction Co. of Roanoke, in the amount of $114,548.00 (which includes the Base Bid and Additive Bid Item No. 2) and one hundred (100) consecutive calendar days to construct new comfort stations at Eureka and Lakewood Parks in accordance with the contract documents. BID COMMITTEE REPORT NEW COMFORT STATIONS FOR EUREKA AND LAKEWOOD PARKS, AND BRECKINRIDGE MIDDLE SCHOOL Bid No. 98-04-73 August 3, 1998 Page 4 Appropriate 9115,000.00 from General Fund Reserved for CMERP to a Capital Projects Fund Account to be established by the Director of Finance entitled "Comfort Stations for Eureka and Lakewood Parks." Appropriate 98,548.00 from sale of Series 2000 bonds to same Capital Projects Fund. In addition to the cost of construction, the breakdown provided below includes the cost to advertise the project for bids, to reproduce the bid documents, and for a contract contingency to cover the work required of the electrical utility (AEP) to extend underground electrical service to each building and for unexpected site work and other conditions unforeseen at the time project was designed. Contract Amount Reproduction of Documents Advertisement Contingency Total Project Cost 9 114,548.00 750.00 250.00 8,000.00 9 123,548.00 Adopt a resolution declaring the City's intent to reimburse itself 98,548.00 from the sale of the Series 2000 bonds as authorized by Ordinance No. 33497-072197 in the principal amount of 939,030,000. The maximum amount of bonds anticipated to be issued relating to the entire Neighborhood Parks Improvement Project is 93,900,000. B. Reject all other bids received. CMA/ca Attachment: Bid Tabulation O' City Attorney City Clerk Director of Finance Director of Public Works Manager, Parks & Recreation Manager, Supply Management City Engineer Project Manager Assistant to the City Manager for Community Relations Budget Administrator Construction Cost Technician BID TABULATION IVEW COMFORT STA TIOAIS FOR EUREKA AIVD LAKEWOOD PARKS, AND 8RECKIA/R/DGE MIDDLE SCHOOL Bid No. 98-04-73 Bids Received: 2:00 p.m., Tuesday, June 2, 1998 BIDDER BASE BID ADD. BID ADD. BID COMPL. ADD. ADD. NO. 1 NO. 2 TIME NO. 1 NO. 2 U. S. Construction Co. of $ 154,012 $ 7,620 $ 7,250 150 Yes Yes Roanoke Construction Services of $ 168,800 $ 7,100 $ 5,700 125 Yes Yes Roanoke, Incorporated Williams Painting & Remodeling, Inc. $ 173,901 $ 6,010 ~ 3,661 150 Yes Yes Breakell, Inc. $ 182,755 $ 6,685 $ 5,575 150 Yes Yes Additive Bid Item No. 1: Provide TROWEL-APPLIED FLOORING for Men's and Women's Toilets of ALL Comfort Stations. Additive Bid Item No. 2: Provide INSULATION for walls and roof area of ALL comfort stations. Estimated Cost (Base Bid): 50,000 Office of the City Engineer Roanoke, Virginia Mary F. Parker, CMCIAAE city Clerk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File f/60-468 ~ndm H. E~kin r~puty cay Ck~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33967-080398 providing for the acquisition of certain reel estate located in Falling Creek Estates in Vinton, Virginia to provide safer access to the Falling Creek Filter Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Manager, Water Department Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENOA~UG~.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33967-080398. AN ORDINANCE providing for the acquisition of certain real estate located in Falling Creek Estates in Vinton, Virginia, identified by Tax Map No. 51.03-2-20, and Tax No. 4495 Falling Creek Estates, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: - 1. In order to provide for a safer and easier access to the Falling Creek Treatment Plant over a State maintained hard surface road, the City wants and needs fee simple rifle to the real estate located in Falling Creek Estates at the end of Toddsbury Drive in Vinton, Virginia, and identified by Tax Map No. 51.03-2-20, and Tax No. 4495 Falling Creek Estates, as more specifically set forth in the Water Resources Committee report and attachment thereto dated August 3, 1998. The City Manager and City Clerk are authorized to execute and attest, respectively, the necessary documents to acquire the fee simple rifle to said real estate for a consideration of $40,000.00, in form approved by the City Attorney. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the consideration to the owner, certified by the City Attorney to be entitled to the same. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk.. Mary F. Parker, CMC/AAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File f,60-468 8andra H. Eakin Deputy c~ c~rk James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33966-080398 amending and reordaining certain sections of- the 1998-99 Water Fund Appropriations, providing for appropriation of $42,000.00, for the acquisition of certain real estate located in Falling Creek Estates in Vinton Virginia, to provide safer access to the Falling Creek Filter Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Manager, Water Department Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of August, 1998. No. 33966-080398. 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: Am3roDriations Capital Outlay $ 3,983,780 Falling Creek Estates - Property (1) ............................ 42,000 Retained Earninqs Retained Earnings - Unrestricted (2) ........................... $29,836,753 1) Appropriated from General Revenue (002-056-8389-9003) $ 42,000 2) Retained Earnings (002-3336) (42,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '98 ,JiJl. 23 /~ 8:5~ugust 3, 1998 Report No. 98-348 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Acquisition of Property - Falling Creek Estates 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 City Manager and the City Clerk to execute and attest, respectively, the necessary documents in a form approved by the City Attorney to purchase Lot 20, Section 8, Tax Map #51.03-2-20, Tax//4495 Falling Creek Estates for a total amount not to exceed $40,000. Authorize the appropriation of $42,000 from previous years' retained earnings to an account to be established by the Director of Finance for the acquisition and closing costs. Respectfully submitted,  Chairp~ ~Li~nda F. Wyatt,/ 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 Accountant, Contracts and Fixed Assets Diane S. Akers, Budget Administrator Report No. 98-348 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: July 20, 1998 Members, YVater Resources Committee ~'Kit B. Kiser, Dir~tor, U. tilities and Operations W. Robert Herbert, City Manager Acquisition of Property - Falling Creek Estates I1. III. Background on the subject in chronological order is as follows: Falling Creek Filter Plant is a 1.9 MGD treatment plant located in Bedford County, Virginia, owned and operated by the City of Roanoke Water Department. The City utilizes the Falling Creek Reservoir Road for access to the Falling Creek Reservoir by virtue of a right-of-way acquired with the reservoir property. Access road is a steep, winding, gravel roadway approximately 1.5 miles long that requires continuous maintenance and is extremely difficult to traverse during winter months and wet conditions. Current situation is as follows: Falling Creek Estates, Section 8 is being developed and has been approved and platted by Roanoke County (See Attachment A). The owner of the property, Lot 20, Section 8, Tax Map #51.03-2-20, Tax #4495 an extension of Toddsbury Drive has indicated a willingness to sell Lot 20 to the City of Roanoke Water Department for the amount of $40,000.00. (See attached letter). Lots in the development are priced at $46,000.00. Issues in order of importance: A. Need B. Timing C. Funding Members, Water Resources Committee ACQUISITION OF PROPERTY - FALLING CREEK ESTATES July 20, 1998 Page 2 IV. Alternatives in the order of feasibility are: Committee recommends that City Council authorize the purchase of Lot 20, Section 8, Tax Map #51.03-2-20, Tax #4495 Falling Creek Estates as shown on Attachment "A" for a total amount not to exceed 940,000. Need to provide safer and easier access to Falling Creek Treatment Plant over a State maintained hard surface road will be met. 2. Timing is urgent to purchase lot prior to sale to others. Funding is available in the Water Fund previous years' retained earnings to cover the purchase price of 940,000 and estimated closing costs of 92,000 for a total of 942,000. Committee does not recommend that City Council authorize the purchase of Lot 20, Section 8, Falling Creek Estates. Need to provide safer, easier and less costly access to Falling Creek Treatment Plant will not be met. Timing would not be met and the opportunity to provide a better access would be lost forever. 3. Funding for the purchase would not be expended. V. Committee recommend the following to City Council: Approve Alternative "A" and authorize the City Manager and the City Clerk to execute and attest, respectively, the necessary documents in a form approved by the City Attorney, to purchase the property. Authorize the aoDropriation of 942,000 from previous years' retained earnings to an account to be established by the Director of Finance for the acquisition and closing costs. WRH/KBK/JHP/je CC: City Attorney City Clerk Director of Finance Director of Utilities and Operations City Engineer Engineering Coordinator Accountant, Contracts and Fixed Assets Budget Administrator Date: October 29, 1996 Re: Falling Creek Estates Section 8 Lot 20 Falling Creek Development, L.C. hereby offers and agrees to sell the above referenced property to the City of Roanoke Water Department for the sum of Forty Thousand Dollars ($40,000.00). 4J u~,~ /~ ~ ~,~--~ Jdliar~ B. Fergu~on/ Falling Creek Development, L.C. O~net Date: Attachment "A" PLA I' SHOWING SECt/ON 8 OWNER: FALLING CREEK DEVELOPMENt. i. C. SOURCE: 0.8. 14~7 PG I732 TOTAL 4REA r~i/S SHEET 16. OJZ ACRES VINTON OlSrn/cr ROANOKE COUNTY VIRGINI~ SCALE' / ' - /00' DZrE: MAY ~. Lor Gate to Falling Creek Plant Mary F. Parker, CMCIAAE city C~rk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File #202-301-373-468-515 Sandra H. Eakin Deputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33969-080398 authorizing you to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center at a monthly rate of $700.00 the first year and $756.00 for the second year, to house the Personnel Management and CIS training facilities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, August 3, 1998. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Chades M. Huffine, City Engineer Delores C. Daniels, Assistant to the City Manager for Community Relations Archie S. Hardngton, Manager, City Information Systems Kenneth S. Cronin, Manager, Personnel Sarah E. Fitton, Coordinator, Engineering Diane S. Akers, Budget Administrator, Office of Management and Budget H:~3ENI:)AgS~M.K~.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 1998. No. 33969-080398. AN ORDINANCE authorizing the City Manager to enter into an agreement with Greater Roanoke Transit Company for the leasing of office space within the Campbell Court Transportation Center to house the Personnel Management and CIS training facilities? upon certain terms and conditions; and providing for an emergency. BE'IT ORDAINED by the Council oft he City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement with the Greater Roanoke Transit Company for the lease of 2,843 square feet of space within the Campbell Court Transportation Center on Campbell Avenue, S.W., for use by the Department of Personnel Management and CIS for training facilities; said lease shall be for a one-year term, with up to twelve (12) one-month renewals; the monthly lease rate for the fu'st year is $700.00, and $756.00 for the second year; said lease shall be upon the terms and conditions as more particularly described in the report to this Council from the Water Resources Committee dated August 3, 1998. 2. 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: H:\ORD-GEN~ORD~O-CISLE2.WPD City Clerk. AugUst 3, 1998 Report No. 98-355 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Campbell Court Transportation Center Lease Agreement Personnel Management and CIS Training Facility 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 the execution of a lease agreement, as summarized in the attached report, and in form approved by the City Attorney. LFW:KBK:afm Attachment Respectfully submitted, L]'~'~.lni~Chatrperson'~ ~' Water Resources Committee CCi 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 Archie Harrington, Manager, City Information Systems Kenneth S. Cronin, Manager, Personnel Management Sarah Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator Report No. 98-355 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: July 20, 1998 lylember~, Water Resources Committee W~. R.ob~KieSr~r~eDr~;~t~Sa;;rd Operations thru Campbell Court Transportation Center Lease Agreement Personnel Management and CIS Training Facility Background on the subject in chronological order is as follows: Various in-house training programs for city employees are conducted as required by the Departments of Personnel Management and City Information Systems (CIS). Office and classroom sDace are required to accommodate the City's need for training facilities. II. Current situation is as follows: A. Suitable s_Dace containing 2.843 sauare feet within Greater Roanoke Transit Company's Campbell Court Transportation Center is available. B. The terms of a lease agreement were negotiated as follows' o Number of Square Feet Term of Lease Monthly Lease Rate 4. Intended Use 2,843 One year, with up to 12 one month renewals for an additional year $700.00 per month - year 1 $756.00 per month - year 2 Office & training facility Members, Water Resources Committee Campbell Court Transportation Center Lease Agreement Personnel Management and CIS Training Facility July 20, 1998 Page 2 5. Location Third floor, 31 K Campbell Avenue 6. Utilities Provided by GRTC Janitorial and Maintenance Provided by GRTC for common areas only - not within leased premises Proposed rent for the first year will be at a rate of $700 per month, which calculates to be $2.95 per square foot per year including utilities and custodial service. Essentially, we are obtaining the space free of charge, the rental fee is a reimbursement of utility costs. Lease agreement between the City and Greater Roanoke Transit Company (GRTC) must be approved by City Council. (See attached draft.) III. Issues in order of importance are as follows: A. Need B. Timing C. Cost IV. Alternativ(~ in order of feasibility are as follows: Water Resources Committee recommends that Cit_v Council authorize, the execution of a Lease Agreement, as summarized above and in form approved by the City Attorney. Need for a suitable location to conduct in-house training will be met. Timing to allow use of the facility as soon as possible will be met. Cost of the lease will be $700.00 per month, or $8.400.00 per year for the first year, and $756.00 per month for the second Members, Water Resources Committee Campbell Court Transportation Center Lease Agreement Personnel Management and CIS Training Facility July 20, 1998 Page 3 year. Current year funding is available in the Personnel and CIS Departments budgets. Water Resources Committee does not recommend that City Council ~ the execution of a Lease Agreement as summarized above and in form approved by the City Attorney. Need for a suitable location to conduct in-house training will not be met. Timing to allow use of the facility as soon as possible will not be met. 3. Cost will not be an issue. Water Resources Committee recommends that City Council authorize the execution of a Lease Agreement, as summarized above and in form approved by the City Attorney, in accordance with Alternative "A". WRH/KBK/SEF CC: 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 Engineering Coordinator Manager, City Information Systems Manager, Personnel Management Budget Administrator _LEASE AGREEMENT cOPY THIS LEASE AGREEMENT, dated this 20_~~ day of Ju_d_E~ 1998, by and between GREATER ROANOKE TRANSIT COMPANy, hereinafter referred to as "Lessor," and the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as Lessee. WHEREAS, the Lessor owns certain properties on Campbell Avenue, S.W., in the City of Roanoke, Virginia, commonly referred to as the Campbell Court Transportation Center, hereinafter referred to as the "Center"; and WHEREAS, the Lessee desires to lease a portion of the Center and enjoy the use of other common areas incident thereto for the purpose of conducting training. NOW, THEREFORE, IN CONSIDERATION of the recitals and mutual covenants contained herein, the parties hereto agree as follows: 1. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, subject to and upon the terms and conditions hereinafter set forth, that certain premises in the Center described as follows: A total of 2,843 square feet of finished office space at 31-K and 31-J Campbell Avenue, S.W., Roanoke, Virginia 24011, hereinafter referred to as "Leased Premises" and more particularly identified as such on Exhibit "A" which is attached to and made a part of this Lease Agreement. 2. Lessor further covenants to Lessee that for the term of its lease of the Leased Premises, Lessee, its employees, visitors, invitees, agents and licensees shall have the right of ingress and egress over and through the common use areas of the Center during the normal business hours of operation of the Center as determined in the sole discretion of Lessor. Additionally, the Lessor will provide to the Lessee the keys necessary for access to the Center's common areas twenty-four hours a day and Lessee may have access to the Center's common areas at all times. 3. Lessee shall have and hold the Leased Premises for a term of one (1) year commencing on August I , 1998. Subject to the mutual agreement of the parties, at least sixty (60) days prior to the expiration of the initial one (1) year term or any subsequent renewals, this Lease Agreement may be extended from month to month for up to one additional year upon such terms and conditions as set forth herein. 4. Lessee shall pay to Lessor, as rent, for the use of the Leased Premises described above, the following: Year I $700.00/month x 12 months = $8400.00 Year 2 Months 1-12 $756.00/month x 12 months = $9072.00/year Said rent shall be payable in equal monthly installments in advance on the first day of each month, to start on the first day of the first month of the initial t¢im of this Lease. 5. Lessee may make improvements as approved in writing by Lessor. All improvements shall be at Lessee's sole cost and expense. 6. Lessor shall provide the following for the common use areas: snow and ice removal, water and sewage, electricity, lighting, heating and air- conditioning, public toilets, janitorial services, and repairs and replacements to the common areas of the building and grounds during the term of the Lease Agreement. 7. Lessor, or its assignee, will service and maintain the common area centralized heating, air-conditioning, gas and electrical systems, but not the individual components of such systems contained within the Leased Premises. Lessor shall render the individual systems of the Leased Premises in operable condition upon execution of this Agreement. Thereafter, and during the entire lease period, Lessee, at its sole cost and expense, shall be responsible for maintaining all such individual systems of components within the Leased Premises. 8. Lessor at its sole cost and expense shall provide to the Leased Premises during the term of this Lease Agreement all heat, water, sewage, electricity, lighting, air- conditioning and other utility services deemed necessary as determined by the sole discretion of the Lessor provided that Lessee will maintain in good working order the systems and equipment necessary for such utilities. However, Lessee agrees that Lessor shall not be liable to Lessee or Lessee's business resulting in whole or in part from any lack of such utilities as set forth herein. Additionally, Lessee shall be responsible and pay for all telephone and data or other communication lines which may be desired by the Lessee. 9. Lessee hereby covenants and agrees that the Leased Premises will be used solely for office use and training classes and no other purpose. 10. (A) Lessee, at its sole cost and expense, will service and maintain the Leased Premises in good repair, condition, and appemance during the term of this Lease, ordinary wear and tear excepted, and Lessee shall make all non-structural changes of every kind or nature which may be required to be made for any reason in connection with Lessee's USe of the Leased Premises, only after approval by Lessor of such changes. (B) Lessee, at is sole cost and expense, shall keep in good running order within the Leased Premises all electric wiring, toilets, water pipes, water, gas and electric fixtures, replace all locks, trimmings, glass and plate glass broken during the tenancy. Lessee shall not make any alterations of, additions to or changes in the Leased Premises or equipment without the prior written consent of Lessor. Lessee further covenants and 3 agrees that all signage and the general appearance of the Leased Premises shall comply with the Lessor's design requirements and shall be subject to the prior approval of the Lessor. Lessee shall remove any signage or other materials which negatively affect the general appearance of the Leased Premises in the sole and exclusive discretion of Lessor. All fixtures, permanent alterations, changes, and improvements, by whomsoever made, shall be the property of Lessor. 11. Lessee shall permit Lessor or its authorized agents to enter the Leased Premises for the purpose of inspection at any reasonable time or times during the term of this Lease, provided, however, thht such inspections shall not unreasonably interfere with Lessee's use and occupancy of the Leased Premises. 12. Lessor shall maintain insurance against fire and all perils customarily covered by extended coverage endorsement in an amount adequate to protect the Lessor for the replacement value of the Leased Premises and against any and all loss from damage to the building and improvements of which the Leased Premises is a part. Such insurance may be obtained by endorsement to blanket insurance policies, provided that such policies are written by companies of reco~c~ni?~i standing and authorized to do business in Virginia. 13. Lessee shall, at its cost and expense, obtain and maintain during the term o this Lease commercial general liability insurance with companies of recognized standing, including protection against bodily injury or death liability and property damage liability, providing no less than $1,000,000.00 combined single limit of liability per occurrence, which policies shall name the Greater Roanoke Transit Company and their officers, agents, and employees as additional insureds. The Levee shall furnish Lessor with a 4 certificate or certificates showing the type, amount, effective dates and date of expiration of the required insurance policy or policies prior to and for the duration of the occupancy of the Leased Premises. The certi'ficate shall contain substantially the following statement: "The insurance covered by this certificate shall not be cancelled or materially altered, except after thirty (30) days written notice has been provided to the Greater Roanoke Transit Company." In place of the above insurance, the Lessee may provide at its option evidence of self-insurance in the amounts set forth above. 14. Lessee shall be responsible for insuring all personal property, equipment, and trade fixtures, and Lessee shall hold Lessor harmless for said items if destroyed or damaged by fire or otherwise. 15. If the Leased Premises are damaged or destroyed in whole or in part by fire or other casualty, and in the event that Lessor shall determine that repair of the Leased Premises is not feasible, this Lease shall teiminate, and rent shall abate in proportion to the extent Lessee is unable to conduct its business in a normal manner from the date of such damage or destruction. 16. Lessee shall not assign or transfer this Lease in whole or in part, sublet or license the Leased Premises or any part thereof without the prior written ~onsent of Lessor. Lessee acknowledges and agrees that Lessor shall be authorized to assign Lessor's rights, duties, and obligations under this Lease to a third party. 17. The obligations of the parties hereunder shall be subject to force majeure (which shall include lawful strikes, riots, floods, accidents, Acts of God, and other causes or circumstances beyond the control of the party claiming such force majeure as an excuse) for nonperformance of such obligation. 18. Lessee agrees to conform to and not to violate the laws, ordinances, roles, regulations, and requirements of federal, state, county, municipal, or other governmental authorities and the various departments thereof now existing or hereinafter created affecting Lessee's use and occupancy of the Leased Premises. 19. Lessee shall, upon the expiration or termination of this Lease in whole or in part, peaceably quit and deliver to Lessor possession of the Leased Premises or any portion thereof to which such termination applies in the same condition as of the date of commencement, normal wear and tear excepted, and shall promptly clean up and remove all personal property and nonfixture items on the Leased Premises. 20. (A) All fixtures, equipment, improvements, and appurtenances attached to built into the Leased Premises, whether or not by or at the expense of thc Lessee, and an personal property of the Lessor or installed by the Lessor in the Leased Premises shall be and remain a part of the Leased Premises and shall be deemed property of the Lessor and shall not be removed by Lessee. (B) All movable partitions, other business and trade fixtures, furnishings, furniture, machinery and equipment, communications equipment, and other personal property located in the Leased Premises and acquired by or for the account of Lessee without expense to Lessor may be removed by Lessee at any time during the term hereof, provided that Lessee shall repair, to the satisfaction of Lessor, any damage to the Leased Premises resulting from such removal. 21. Notices given under the terms of this Lease shall be deemed properly served if such notice is mailed by Certified United States Mail, Return Receipt Requested Or hand delivered; if to Lessor addressed to General Manager, Greater Roanoke Transit Company, 1108 Campbell Avenue, S.E., P.O. Box 13247, Roanoke, Virginia 24032, and if to Lessee addressed to City Manager, City of Roanoke, 215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011. Notice mailed in accordance with the provisions hereof shall be deemed to have been given as of the date of receipt or the third business day following the date of such mailing, whichever date is earlier. Notice hand delivered in accordance with the provisions hereof shall be deemed to have been given as of the date of delivery. 22. Each provision of this Lease shall be deemed to be both a covenant and a condition running with the land unless otherwise provided. 23. If Lessor sells, conveys or passes title to the Leased Premises, the Lessee shall be bound by the terms and conditions herein to the new owner of the Leased Premises, and the new owner shall take title subject to this leasehold interest. 24. If any clause or provision of this Lease is or becomes illegal or unenforceable because of present or future laws or rules or regulations of any governmental body or entity, effective during the term of this Lease, the intention of the parties hereto is that the remaining parts of this Lease shall not be affected thereby unless such clause or provision is, in the reasonable determination of both Lessee and Lessor, essential and material to their respective fights, in which event either party shall have the right to terminate this Lease upon thirty (30) days' written notice to the other party. 25. This Lease Agreement shall be binding upon the parties and their successors and assigns. 26. (A) During the performance of this Lease: Lessee will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Lessee. Lessee agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (B) Lessee, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, will state that such Lessee is an equal employment opportunity employer. (C) Notices, advertisements, and solicitations placed in ac, cord~ce with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 27. (A) Each of the following shall constitute an event of default: (1) Lessee fails to pay rent within five (5) days after such rent becomes due and payable; (2) Lessee or Lessor fails to observe or perform any term, condition, or covenant in this Lease; (3) Lessee abandons or vacates the Leased Premises; (4) Lessee or Lessor or any guarantor makes or consents to a general assignment for the benefit of creditors or a common 1aw composition of creditors, or a receiver of the Leased Premises or all or substantially all of Lessee's or Lessor's or guarantor's assets is appointed; or (5) Lessee or Lessor or guarantor files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding is filed against Lessee or Lessor or guarantor and is not discharged by Lessee or Lessor or guarantor within sixty (60) days after such filing. (B) It is understood and agreed by and between the Lessor and Lessee that in the event of breach by Lessor or Lessee of any of the covenants and agreements herein contained or in the event of a default by Lessee or Lessor as set forth above, the aggrieved party must serve a written notice of default specifying such default or breach on the defaulting or breaching party. (C) If such default or breach is not remedied within thirty (30) days after such notice is given, the nondefaulting or nonbreaching party, at its option, without further notice or demand to the defaulting or breaching party, may in addition to all other rights and remedies provided in this Leaise Agreement or at law or in equity, terminate this Lease and Lessee's right of possession of the Leased Premises in the event said party is the Lessor or Lessor's right to collect additional rent in the event said party is the Lessee, and recover all damages to which it is entitled under law. (D) If Lessor takes possession pursuant to this Lease, with or without terminating this Lease, Lessor may, at its option, enter into the Leased Premised, remove Lessee's alterations, signs, personal property, equipment, and other evidences of tenancy, and store them at Lessee's sole risk and expense or dispose of them as Lessor may see fit, and take and hold possession of the Leased Premises. 28. This Lease Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 29. This document, together with Exhibit "A" that is attached hereto and made part hereof, constitutes the entire agreement between the parties and supersedes any prior understanding or written or oral agreements between the parties respecting the within 9 subject matter. No changes or modifications of any of the covenants, terms or conditions hereof shall be valid unless in writing and signed by authorized officers of the parties hereto. 30. This Lease Agreement may be executed in duplicate, each of which may be considered an original. Remainder Of This Page Intentionally Left Blank Signatures Follow On The Next Page 10 IN WITNESS WHEREOF, the parties hereto have affixed their signatures by their authorized representatives. GREATER ROANOKE TRANSIT COMPANY (LESSOR) ATTEST: By: ATTEST: CITY OF ROANOKE, VIRGINIA (LESSEE) By: APPROVED AS TO FORM: APPROVED AS TO EXECUTION: City Attorney City Attorney APPROPRIATION AND FLINDS REQUIRED FOR THIS CONTRACT CERTIFIED: By: Director of Finance Date Account Number 11 Io'Io !1 I I I I. 3/-L Mary F. Parker, CMC/AAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk August 6, 1998 File #18-184 · andra H. Eakin ~puty c~ 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 3, 1998, Council Member Wyatt requested that you provide a status report with regard to the employee pay scale and fringe benefits study. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo H:~AGENDAg~NJG3.~ Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk August6,1998 File #27 ~ndm H. F. akin Deputy 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 3, 1998, Council Member Swain advised that he has received several complaints concerning drainage problems throughout the City, and requested a list of areas in the City with only sanitary sewer lines to handle drainage, which areas may be "trouble spots' for sewage and drainage back-ups. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:lo pc: Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works H:~AGENOAG~AUG3.WpO