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HomeMy WebLinkAboutCouncil Actions 07-20-98 ROANOKE CITY CO UNCIL REGULAR SESSION July 20, 1998 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend Cedric E. Malone, Pastor, Greater Mt. Zion Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 23, 1998, at 7:00 p.m. 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y C~rk Sandra H. Eakin Deputy City Ck~rk July 23, 1998 File ff~0-236-304-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33943-072098 endorsing the grant application mad~ on behalf of the City of Roanoke to the United States Department of Agriculture for the 1998 Summer Food Service Program, in the amount of $125,241.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io ^ttachment pc; Glenn D. Radcliffe, Director, Human Development Marion A. Vaughn-Howard, Youth Planner, Office on Youth H:~,~G ENDAg6~JULY20.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33943-072098. A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1998 Summer Food Service Program, accepting the subsequent grant award, authorizing execution of the necessary documents itl connection with the grant, and authorizing the negotiation and execution of the appropriate agreements. BE 1T RESOLVED by the Council of the City of Roanoke that: l. This Council endorses the application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1998 Summer Food Service Program. 2. The City of Roanoke accepts any subsequent grant award from the United States Department of Agriculture for the 1998 Summer Food Service Program in an amount not to exceed $125,241.00. 3. The City Manager or the Assistant City Manager is hereby authorized to execute any and all documents required to accept the grant award in an amount not to exceed $ i 25,241.00 from the United States Department of Agriculture for the 1998 Summer Food Service Program and to execute any documents required by the United States Department of Agriculture in connection with said g,'ant. All documents to be in form approved by the City Attorney. 4. The City's Director of Human Development or his designee is authorized to negotiate and execute any appropriate agreements with Roanoke City Public Schools, Roanoke Redevelopment and Housing Authority, Total Action Against Poverty, Young Mens Christian Association, and Roanoke City Parks & Recreation Department, in order to implement the program funded by the grant, upon the tenns and conditions set forth in the report to this Council dated July 20, 1998. the City Attorney. Such agree~nents shall be in fo~xn approved by ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC/AAE C~y C~rk July 23, 1998 8andra H. Eakin ~puty C~y C~rk File ~60-236-304-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33942-072098 amending and reordaining certain' sections of the 1998-99 Grant and General Fund Appropriations, providing for appropriation of $125,241.00, in connection with the 1998 Virginia Summer Food Service Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marion A. Vaughn-Howard, Youth Planner, Office on Youth H:~AGEN DAg~JULY20.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33942-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant and General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Grant Fund Appropriations Health and Welfare Summer Food Program 1998-99 (1-2) .......................... Revenue Health and Welfare Summer Food Program 1998-99 (3-4) .......................... General Fund Appropriations General Government Director of Human Development (5) ............................ Nondepartmental Transfers to Other Funds (6) .................................. 1) Temporary Employee Wages 2) Program Activities 3) Federal Grant Receipts 4) Local Match (035-054-5183-1004) $ 15,245 (035-054-5183-2066) 125,241 (035-054-5183-5183) (035-054-5183-5184) 125,241 15,245 $ 3,522,605 140,486 $ 3,522,605 140,486 $11,105,144 250,080 59,205,539 58,348,183 5) Fees for Professional Services (001-054-1270-2010) $ (15,245) 6) Transfer to Grant Fund (001-004-9310-9535) 15,245 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 20, 1998 # 98-717 '~8 ,!l.!. 14. ?.,?i): Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Virginia Summer Food Service Program Grant Application to the U. S. Department of Agriculture 1. Background: mo The U.S. Department of Agriculture (USDA) has solicited applications from municipalities to participate in the 1998 Virginia Summer Food Service Program. The purpose of the program is to provide nutritionally balanced, healthy meals to children, ages 1 through 18, of low-income families at designated sites within the City during the summer months of 1998. Cost reimbursements are made to program sponsors, by the U.S. Department of Agriculture, at a rate of $1.19 for breakfast and a rate of $2.08 per meal for lunches consumed by a participating eligible youth. $15,245.00 has been allocated by City Council in the 1998-99 budget to the Director of Human Development to support the staffing and administration of this program. Eo The Virginia Summer Food Service Program is similar in concept to the National School Lunch Program, with eligibility requirements similar to those used to determine eligibility for free or reduced price meals during the school year. Roanoke operated this program in 1993, 1994, 1995, 1996 and 1997. Approximately 35,000 meals were consumed during each summer. SFSP Grant Application Report #98-717 Page 2 II. The need for this program and potential operational plans were originally explored and developed by a task force of the City Manager's Human Development Steering Committee. Agencies represented included the Department of Social Services, the Fifth District Employment and Training Consortium (FDETC), with the assistance of City Parks and Recreation, Roanoke Redevelopment and Housing Authority, Total Action Against Poverty and YMCA. Ho The U.S. Department of Agriculture is supportive of efforts by the City of Roanoke to continue this program and has expressed its interest in providing whatever assistance necessary to accomplish the program's objectives. Present Situation mo A grant application for the Virginia Summer Food Service Program has been prepared by the Office on Youth on behalf of the City of Roanoke for consideration by the U.S. Department of Agriculture for funding this summer, for the period June 22, 1998 through August 21, 1998. Approximately 950 daily meals (breakfast and lunches) are proposed for youths participating at these sites: 1. Apple Ridge Farms, Cooper Hill (off-site center) 2. Blue Stone Housing Project 3. Eureka Park Recreation Center 4. Fallon Park 5. Hunt Manor Housing Project 6. Hurt Park Housing School 7. Indian Rock Village Housing Project 8. Jamestown Place Housing Project 9. Landsdowne Housing Project 10. Lincoln Terrace Housing Project 11. Jackson Park Recreation Center 12. Rutherford Head Start Center 13. Fairview School 14. Salvation Army 15. Noel C. Taylor Academy YMCA Magic Places that are located at: 16. Raleigh Court Elementary School 17. Monterey Elementary School 18. Crystal Springs Elementary School 19. YMCA Family Center SFSP Grant Application Report #98-717 Page 3 It is estimated that 43,700 meals will be served through this project. The nineteen (19) proposed locations reflect both the success of last year's program and the broad need existing for such a program for youth in the City. The Directorate of Human Development will administer the project in conjunction with the Office on Youth and in collaboration with departments/agencies such as Parks and Recreation, Roanoke City Schools, Roanoke Redevelopment and Housing Authority (RRHA), and Total Action Against Poverty. The department/agencies will provide the following: Office on Youth - - Monitoring, Administration, and Daily Project Manager - Cost to the City of $15,245.00 has been appropriated in the 1998-99 Human Development budget. (001-054- 1270-2010) Parks & Recreation - - Provision of Four sites within the parks plus additional staff at no additional cost to the city City Schools - - Will prepare and deliver approximately 11,730 breakfasts and approximately 31,970 lunches reimbursed by the Department of Agriculture at $1.19 per breakfast and $2.08 per lunch. Provision of site facilities at seven housing project sites - $75.00 per site for cleaning and lock replacement only if facility is left in unsatisfactory condition. TAP - - Head Start (Rutherford Center) site facility - no cost to the City. There are approximately 950 meals proposed to be provided on each of the forty-six (46) meal service days, between June 22, 1998 and August 21, 1998 (Monday through Friday). SFSP Grant Application Report #98-717 Page 4 III. Fo Go Issues: All costs reimbursable by the U.S. Department of Agriculture are based upon the number of meals consumed by eligible youth participants Cost projections from USDA funding total $125,241.00. IV. A. Cost to the CiB, B. Need for Food Service in the Community C. Effective and Efficient Delivery of Services Alternatives: A. Endorse the application submitted, and Accept the subsequent grant award and authorize the City Manager to execute all documents necessary to accept the grant from the U.S. Department of Agriculture in the amount not to exceed $125,241.00. Authorize the Director of Human Development of his/her designee to negotiate and execute appropriate interagency agreements to facilitate the success of the project. Appropriate $125,241.00 in federal grant funds and $15,245.00 in local match to Grant Fund accounts to be established by the Director of Finance for the Virginia Summer Food Service Program. Establish revenue estimates of the same in the Grant Fund. ao Cost to the City - $15,245.00 has been appropriated by City Council in the 1998-99 budget to the Director of Human Development 001-054-1270-2010 to support the additional staffing and administration of this program. There will be no additional cost to the City, since remaining expenses are reimbursable through the USDA. SFSP Grant Application Report #98-717 Page 5 Bo Need for Food Services in the community- Need is wide-spread and the project will accommodate targeted efforts to provide nutritionally balanced meals to approximately 950 youths, daily. Effective and Efficient Delivery of Services - Potential interagency services would be utilized to address needs with U.S. Department of Agriculture resources. Do not endorse the grant application; and Do not accept grant award from the U.S. Department of Agriculture or authorize execution with necessary agreements with RRHA, TAP, and Roanoke City Schools. a. Cost to the City - No direct cost impact to the City. Need for Food Services in the Community - Need will continue without program of intervention for 950 youths. Effective and Efficient Delivery of Services - Potential interagency services would not be utilized to address needs without U.S. Department of Agriculture resources. Recommendations: Approve Alternative A: A° Endorse the application submitted, and Accept the subsequent grant award and authorize the City Manager to execute all documents necessary to accept the grant from the U.S. Department of Agriculture in the amount not to exceed $125,241.00 Authorize the Director of Human Development to negotiate and execute a contract for food service with Roanoke City Schools as well as appropriate interdepartment agreements with Parks & Recreation, and agency agreements with RRHA, TAP, and YMCA sites. All agreements and contracts to be in a form approved by City Attorney. SFSP Grant Application Report #98-717 Page 6 Appropriate $125,241.00 in federal funds and $15,245.00 in local match to accounts to be established in the Grant Fund by the Director of Finance. Establish revenue estimates of the same in the Grant Fund. Respectfully submitted, Herbert City Manager WRH/MVH/lc Attachment C~ Director of Finance City Attorney Director of Human Development Youth Planner CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Ck~rk Sandra H. Eakin Deputy City Clerk July 23, 1998 File ;~60-72 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33944-072098 amending and reordaining certair~ sections of the 1998-99 General Fund Appropriations, providing for appropriation of $25,000.00, in connection with a contract with the Virginia Department of Social Services to provide Child Care Provider Training through the Virginia Institute for Social Services Training Center, Piedmont Area Training Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Scott, Superintendent, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AG ENDAg61JULY20.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33944-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare VISSTA (1) ............................................... Revenue Grants-in-Aid Commonwealth Social Services (2) ......................................... 1) Program Activities 2) VISSTA (001-054-5318-2066) $ 25,000 (001-020-1234-0671) 25,000 $23,111,578 110,000 $37,954,678 16,416,4O4 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE city c~erk July 23, 1998 8andra H. Eakin ~puty c~ c~e~k File f~60-72 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33945-072098 authorizing you to execute a contract with the Virginia Department of Social Services to provide assistance with Child Care Provider Training though the VlSSTA Piedmont Area Training Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Corinne B. Scott, Superintendent, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AG ENDAgaUULY20.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33945-072098. A RESOLUTION authorizing the City Manager to execute a contract with the Virginia Department of Social Services to provide assistance with Child Care Provider Training through the VISSTA Piedmont Area Training Center, upon certain terms and conditions. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as 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 agreement with the Virginia Department of Social Services to provide assistance with Child Care Provider Training through the VISSTA Piedmont Area Training Center in accordance with the recommendations contained in the City Manager's report to this Council dated August 3, 1998. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia July 20, 1998 #98-718 The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: tiT'? 'PS JfIL 14 !0:12 SUBJECT: VISSTA - Child Care Provider Training I. BACKGROUND II. Ao VISSTA (Virginia Institute for Social Services Training Activities) is .a collaborative effort between the Vifignia Department of Social Services and Virginia Commonwealth University which coordinates and provides training activities for Social Service employees. Bo Effective July 1, 1998, Roanoke City Department of Social Services assumed administration of the Piedmont Area Training Center for the VISSTA Prograi-~i and relocated the office and staff from Montgomery County to Roanoke City. Co The VISSTA Program has expanded its activities to include Child Care Providel' Training and wishes to contract with the Piedmont Area Training Center to provide assistance with 40 Child Care Provider Trainings for Fiscal Year 1998- 99. CURRENT SITUATION ho In order to contract tO provide assistance with Child Care Provider Training fo~' the Piedmont Region, the City needs to execute an agreement with the Virginia Department of Social Services. Bo The State will reimburse the City at 100% of costs, not to exceed $25,000 for FY99, for providing assistance with 40 Child Care Provider Trainings. This includes reimbursement for stafftime for making all arrangements associated with facility room rentals and purchasing all refreshments and handling all registrations for the training sessions. Co The City of R0anoke agrees to indemni _fy, defend, and hold harmless the Commonwealth of Virginia, its officers, agents, and employees from any claims, damages, and actions of any kind or nature, whether at law or in equity, arising from or caused by the use of any materials, goods, or equipment of any kind or nature furnished by the City of Roanoke/any services of any kind or nature furnished by the City of Roanoke, provided that such liability is not attributable to The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia July 20, 1998 #98-718 Page Two III. IV. the sole negligence of the using agency or to failure of the using agency to use the materials, goods, or equipment in the manner already and permanently described by the City of Roanoke on the materials, goods, or equipment delivered. Do The expansion of the VISSTA Program tO include Child Care Provider Trainin~ .will have ~ positive economic impact for the City. Child Care Provider trainees will come from a wide area and will need accommodations such as meals and lodging. ISSUES A. Funding. B. Service Delivery. C. Economic Development. .ALTERNATIVES City Council authorize the execution of a contract with the Virginia Department of Social Services to provide Child Care Provider Training through the VISSTA Piedmont Area Training Center. Appropriate $25,000 to VISSTA Cost Center 001-054-5318-2066. Increase the general fund revenue estimates by $25,000 in VISSTA Account No. 001-020-1234-0671. 1. Fundim,. no The City will not incur any local costs for this program. The State will reimburse 100% of costs including staff time, facility room rentals, refreshments, and registrations. Child Care Provider Training will enhance and strengthen the quality of care delivered to children throughout the Piedmont Area. 3. Economic Development. ao Child Care Provider Training activities will bring trainees to the City who will need meals and lodging. The Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia July 20, 1998 //98-718 Page Three Do not authorize the execution of a contract with the Virginia Department of Social Services to provide Child Care Provider Training through the VISSTA Piedmont Area Training Center. Do not appropriate $25,000 to VISSTA Cost Center 001-054-5318-2066. Do not increase the general fund revenue estimates by $25,000 in VISSTA Account No. 001-020-1234-0671. 1. Funding. a. No impact. 2. Service Delivery. ao Child Care Providers in the Piedmont Area, including Roanoke City, would not receive training and children in day care would not benefit from enhanced and strengthened quality care. 3. Economic Development ao The City will lose a resource bringing additional revenue to the City. V. RECOMMENDATION City Council concur with Alternative A to authorize the City Manager to execute a contract with Virginia Department of Social Services to provide assistance with Child Care Provider Training through the VISSTA Piedmont Area Training Center. Appropriate $25,000 to VISSTA Cost Center 001-054-5318-2066. Increase the general fund revenue estimates by $25,000 in VISSTA Account No. 001-020-1234-0671. Respectfully submitted, Mae2gHererbert Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator WILBURN C. DIBLING, JR. CITY A'FrORN EY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2401!- 1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAI L:cityatty @ ci.roanoke, va. us July 20, 1998 RECEI\,, C!TY C~ERK~ JULW~I~}LIA~ k I~A~'SoNs STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATFORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: Re: Appointment of Assistant City Attorney I am very pleased to announce the appointment of Allen T. Wilson as an Assistant City Attorney I, effective August 3, 1998. This is the full-time position recently authorized by City Council to provide additional legal representation to the Department of Social Services. Mr. Wilson's practice will emphasize matters of litigation involving the Department, such as foster care placements and service plans, emergency removal hearings for children, contested custody cases, adult guardianships, subpoenas of Social Services records and interjurisdictional disputes. Mr. Wilson, a Roanoke native and Patrick Henry High School graduate, received his undergraduate degree from Virginia Tech in 1988 and his law degree fi'om the University of Dayton in 1991. Since that time, he has been engaged in the private practice of law as a sole practitioner in this City. Over the past eighteen months, Mr. Wilson has also provided part- time legal representation to the Department of Social Services. Al and his wife, Mary, and their daughter, Meredith Kate, live in the City. He has been active in community affairs, particularly the Williamson Road Action Formn, the Roanoke Neighborhood Partnership and the Roanoke City Special Events Committee. Mr. Wilson was selected from a well qualified field of applicants. He enjoys an excellent reputation among the Bar and in the community, and I am very pleased that this Office has been able to attract an experienced attorney with his background and credentials. His private practice has emphasized areas that will be extremely beneficial to him in the representation of the Department of Social Services. In his recent part time representation of the Department, he has provided legal services of the highest caliber which have resulted in considerable cost savings for the City. I am very enthusiastic about City Council's creation of this new position, and I know that Mr. Wilson will continue to do an outstanding job in providing much-needed additional legal services to the Department. H:\COI,~qcxL\L-HMA_-TW. 2 The Honorable Mayor and Members of City Council July 20, 1998 Page 2 I look forward to reintroducing Mr. Wilson to the Council and other officers in the near future. With kindest personal regards, I am WCD:f Sincerely yours, Wilburn C. Jr. City Attorney CC: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services H: \COUNCIL\L-~TW. 2 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 July 23, 1998 File ~60-166-524 SANDRA H. EAKIN Deputy City Clerk Tung T. Phan, President PNC Corporation 11012 Richardson Road Ashland, Virginia 23005 Dear Mr. Phan: I am enclosing copy of Ordinance No. 33946-072098 accepting the bid of PNC Corporation, in the amount of $98,711.00, for replacement of wood windows in the. Commonwealth Building, 210 West Church Avenue; 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, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Diane S. Akers, Budget Administrator, Office of Management and Budget D. Darwin Roupe, Manager, Supply Management Nelson M. Jackson, Manager, Building Maintenance/Custodial Services H:~AG EN DAgSU U LY20.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 20th day of July, 1998. No. 33946-072098. AN ORDINANCE accepting the bid of PNC Corporation of Ashland, Virginia for the replacement of wood windows in the Commonwealth Building with aluminum windows, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of PNC Corporation of Ashland, Virginia in the total amount of$98,711 for replacement of wood windows in the Commonwealth Building with aluminum windows, as is more particularly set forth in the City Manager's report dated July 20, 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. .July 20, 1998 ~C°uncil Report No. 98-156 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of CityCouncil: Subject: BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING 210 W, CHURCH AVENUE ROANOKE, VIRGINIA BID NO. 98-5-9 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, Carroll E. Swain~ / W. Alvin Hudson William F. Clark CES/LBC/fm Attachment: Bid Committee Report City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue Manager, Building Maintenance July 20, 1998 Council Report No. 98-156 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINIUM WINDOWS COMMONWEALTH BUILDING 210 W. CHURCH AVENUE ROANOKE, VIRGINIA BID NO. 98-5-9 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, rt Herbert ager WRH/LBC/fm Attachment: Bid Committee Report C~ City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue Manager, Building Maintenance July 20, 1998 Council Report No. 98-156 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: COMMITTEE REPORT REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING 210 W. CHURCH AVENUE ROANOKE, VIRGINIA BID NUMBER 98-5-9 II. ~ on the subject in chronological order is as follows: Following proper advertisement, bids were publicly opened and read aloud by D. Darwin Roupe, Manager, Office of Supply Management, on June 25, 1998 at 2:00 p.m. Four (4) bids were received with PNC Corporation of Ashland, Virginia, submitting the apparent Iow bid in the amount of $98,711.00 and 120 consecutive calendar days construction time. C. Thi~ is the third and final contract for window replacement in the Commonwealth Building. Current situation is as follows: Pro!ect has been bid. an acceptable Iow bidder has been determined, and the contract needs to be executed. III. Issues in order of importance are as follows: Bo (;omoliance of the bidders with the reauirements of the contract documents for biddine. Amount of the Iow bid. Fundina for the oro!ect. D. Time Qf com[~letion. Honorable Mayor and Members of City Council BID COMMITTEE REPORT #98-156 REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING July 20, 1998 Page 2 IV. Alternatives in order of feasibility are as follows: Award a lump sum contract, in form approved by the City Attorney, to PNC Corporation of Ashland, Virginia, in the amount of ~98,711.00 and 120 consecutive calendar days construction time to replace the Wood Windows in the Commonwealth Building with Aluminum Windows in accordance with the contract documents as prepared by the Office of City Engineer. ~0m_Dliance of the bidder with the reauirements of the contract documents for biddina was met. 2. Amount of the Iow bid is acceptable. 3. Funding of the proiect is as follows: a. From '97-98 CMERP $85,000.00 bo From Building Maintenance Outside Contractors' Accounts 13,711.00 $98,711.00 Time of comoletion is quoted as 120 consecutive calendar days for construction is acceptable. The project should be completed before winter. B. Reiect the bids and do not award a contract at this time. Compliance of the bidder with the reeuirements of the contract documents for biddino would not be an issue. 2. Amount of the Iow bid would probably increase if rebid at a later date. 3. Funding of the Dro!ect would not be encumbered at this time. ., Time of ~omDletion would probably be extended into the colder weather months if rebid at a later date. Recommendation is as follows: City Council concur in alternative "A" and take the following action: Honorable Mayor and Members of City Council BID COMMITTEE REPORT #98-156 REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING July 20, 1998 Page 3 Ac Authorize the City Mana_aer to enter into a contractual agreement, in form approved by the City Attorney, with PNC Corporation of Ashland, Virginia, to replace the wood windows in the Commonwealth Building with aluminum windows in 120 consecutive calendar days in accordance with the contract documents as prepared by the Office of City Engineer. Create a capital account entitled "Replace Windows in the Commonwealth Building" as follows: From '97-'98 CMERP $85,000.00 From Building Maintenance Account No. 001-052-4330-3057 13.711.00 $98,711.00 Re!ect the other bids received. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Attachments CC' City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue BID TABULATION REPLACE WOOD WINDOWS WITH ALUMINUM WINDOWS COMMONWEALTH BUILDING 210 W. CHURCH AVENUE ROANOKE, VIRGINIA BID NUMBER 98-5-9 Bids were received by D. D. Roupe, Manager, Supply Management, at 2:00 p.m. on June 25, 1998: BIDDER BASE BID NO. ADDENDUM DAYS I 2 3 4 Ray Mac $117,871.00 Yes PNC Corporation $ 98,711.00 120 Yes American Door & Glass $147,194.00 Yes Appomattox Glass $146,400.00 Yes Estimated Cost: ~ 140,000.00 Office of the City Engineer Roanoke, Virginia July 20, 1998 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 July 23, 1998 File ~80-367 SANDRA H. EAKIN Deputy City Clerk Mrs. Samuel G. Oakey, II 3742 Forest Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Oakey: I am enclosing copy of Resolution No. 33947-072098 memorializing the late Samuel G._ Oakey, II, and extending to you and to the members of your family, the sympathy of the Roanoke City Council and the citizens of the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure C:~IULY20.WI~3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33947-072098. A RESOLUTION memorializing the late Samuel G. Oakey, II. WHEREAS, the members of this Council have learned with sorrow, of the passing on July 11, 1998, of Samuel G. Oakey, II, President of Oakey's Funeral Service; WHEREAS, Mr. Oakey was a graduate of Jefferson High School, Randolph-Macon College and the Cincinnati College of Embalming; WHEREAS, Mr. Oakey was known as a tireless and dedicated civic leader having served as a member of the Board of Directors and President of the Miss Virginia Pageant, member of the Board of Directors and President of the Rotary Club of Roanoke, member of the Board of Directors and President of the Roanoke Regional Chamber of Commerce, member of the Board of Directors and the Executive Committee of Blue Ridge Public Television, and a long time member of the Roanoke Special Events Committee; WHEREAS, Mr. Oakey was also a member and deacon at Virginia Heights Baptist Church, member of Lakeland Lodge #190 A.F.&A.M., member of the Roanoke Scottish Rite Bodies, member of the Kazim Shrine Temple, and member of the Royal Order of Jesters; WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; H: X,~_,Af~S ~I~-OM~EY. x THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council adopts this means of recording its deepest regrets at the passing of Samuel G. Oakey, II, President and Chairman of the Board of Oakey's Funeral Service, and extends to Mrs. Andrews Hollins Morgan Oakey, his widow, and Sam Oakey, Ill, Cynthia Oakey, and Wyatt Oakey, his children, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Oakey. ATTEST: City Clerk. CI T Y 0 F ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Clerk Sandm H. Eakin Deputy City Clerk July 23, 1998 File #383-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33907-072098 authorizing the proper City officials to enter into a lease agreement between the City and Vh'ginia PCS Alliance, L. C., a Virginia Limited Liability Company, for use of the Grandin Court Elevated Water Tank No. 1 and site located at the dead end of Creston Avenue, S. W., for placement, operation, and maintenance of Personal Communication System antennas and related equipment, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, Suly 6, 1998, also adopted by the Council on second reading on Monday, July 20, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: Thomas Whitaker, Director, Network Operations, Virginia PCS Alliance, L. C., cffo CFW lArlreless, Inc., 1150 Shenandoah Village Drive, Waynesboro, Virginia 22980 James D. Grisso, Director of Finance lesse H. Perdue, Jr., Manager, Water Department Joe D. Slone, Manager, Communications Evelyn D. Dorsey, Zoning Administrator C:~JULY20.WPO IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINI& The 20th day of July, 1998. No. 33907-072098. AN ORDINANCE authorizing the proper City officials to enter into a Lease Agreement between the City and Virginia PCS Alliance, L.C., a Virginia Limited Liability Company, for use of the Grandin Court Elevated Water Tank No. 1 and site located at the dead end of Creston Avenue, SW, for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an appropriate Lease Agreement with Virginia PCS Alliance, L.C., A Virginia Limited Liability Company, for the use of the Grandin Court Elevated Water Tank No. 1 (also known as the Creston Avenue Elevated Water Tank No. 1) and site located at the dead end of Creston Avenue, SW, for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, for a four (4) year period, with up to two five year renewals, effective August 1, 1998, with a rental rate of $750.00 plus the increase in the Consumer Price Index for the prior year ending July 31, 1998, per month for such use, and upon such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated July 6, 1998. Such Lease Agreement shall be in a form substantially similar to the form of the lease attached to that report. ATTEST: City Clerk. Report No. 98-349 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: LEASE AGREEMENTS FOR USE OF CITY FACILITIES RECEIVED I. Background: II. III. IV. A desire to locate Personal Communication System (PCS) antennas on Grandin Court Elevated Water Tank No. I located at the end of Creston Ave., S.W. has been expressed by Virginia PCS Alliance, L.C., a Virginia Limited Liability Company (VA PCS), a PCS communication provider. City Council approved and adopted the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City property dated January 21, 1997 in accordance with the recommendation set forth in a report of the Water Resources Committee dated February 3, 1997. Current Situation: Lease agreement for the use of City Facility has been submitted by VA PCS for approval by the City. VA PCS currently is leasing space on two other City Water Tanks, Washington Heights and The Summit. The monthly rental VA PCS would pay is $750 per month plus the increase in the Consumer Price Index for the year ending July 31, 1998. Issues: A. Policy B. Accountability/Liability C. Need for continuous communication D. Revenue Alternatives: Council approve a lease agreement in substantially the same form as the attached lease agreement for leasing space on City owned facility (Grandin Court Elevated Water Tank No. 1) as submitted by VA PCS. Honorable Mayor and Members of City Council LEASE AGREEMENTS FOR USE OF CITY FACILITIES July 6, 1998 Page 2 Policy established by City Council to address the use of City facilities will be utilized. Accountability/Liability will be provided for through the lease agreement. 3. Need for continuous communication service will be addressed. Revenue for the use and maintenance of the site will be realized by the City. Council not approve lease agreement as set forth in Alternative IV. A for use of City facility as submitted by VA PCS. Policy established by City Council to address the use of City facilities will not be utilized. 2. Accountability/Liability will not be an issue at this time. Need for continuous communication service will not be addressed. 4. Revenue will not be realized by the City. V. Recommendation: Council approve a lease agreement as provided for in Section IV. A. to provide for the use of City facilities (Grandin Court Elevated Water Tank No. 1) in accordance with City Policy by VA PCS, such lease to be approved as to form by the City Attorney. Respectfully Submitted, City Manager KBK/JHP, Jr./je Attachment cc: City Attorney Director of Finance City Clerk Water Department Manager Communications Manager Zoning Administrator VA PCS LEASE AGREEMENT COPY This Lease Agreement ("Lease") is made this ~ day of ,1998, between the City of Roanoke, Virginia, a Virginia Municipal Corporation ("Landlord" or "City") and Virginia PCS Alliance, L.C., a Virginia Limited Liability Company (VA PCS), comprised of CFW Communications Company, R&B Communications, Inc., Buggs Island Telephone Cooperative, Hardy Communications, Inc., New Hope Telephone Company, North River Telephone Cooperative, Pembroke Telephone Cooperative and Peoples Mutual Telephone Company, ("Tenant"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Section 1. I.,~ased Premises. Subject to the terms and conditions of this Lease and the City of Roanoke Policy as to Wireless Telecommunications Facilities located on City Property dated January 21, 1997, Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property located at: The dead end of Creston Avenue, SW, City of Roanoke, Virginia, legally described on attached Exhibit -1 subject to any and all existing easements and a portion of the Grandin Court Elevated Water Tank No. 1, also known as the Creston Avenue Elevated Water Tank No. 1, ("Structure") as more particularly shown on attached Exhibit - 2 on which directional antennas, connecting cables, and appurtenances will be attached and located, the exact location of each to be reasonably approved by the Landlord, together with appurtenant nonexclusive easements and access fights, but only that portion of Landlord's property and water tank where Tenant's equipment and antennas are located and approved by Landlord is being leased to Tenant, as shown on Exhibit - 3 ("Leased Premises"). Section 2. Term and Renewal. The term of this Lease shall be four (4) years commencing on August 1, 1998, and expiring on July 31, 2002. However, Tenant acknowledges and agrees that the Structure is scheduled to be painted in July and August 1998 and that Tenant will not be allowed access to the Structure or Leased Premises until the painting has been completed unless Landlord's representative allows in writing such access prior to the completion of the painting. This Lease may be renewed for up to two (2) five (5) year terms upon mutual agreement by the parties and subject to an increase in the rental paymenta or compensation due the Landlord from the Tenant as the parties may agree providing that th~ T~mnt provides the Landlord with notice of its intention to renew at least 180 days prior to the expir~ion of the initial term of the Lease or any subsequent renewal term, but such renewal shall be at the sole discretion of the Landlord and must be affirmatively accepted by the Landlord. Furthermore, both the Landlord and the Tenant shall have the right, without penalty or incurring any liability or damages to the other party for termination, to terminate this Lease at any time upon 30 months prior written notice to the other party. Section 3. Rent. As consideration for this Lease, Tenant shall pay Landlord rent in the amount of $750.00 plus the increase in the Consumer Price Index for the prior year ending July 31, 1998, per month for each property listed in Section 1, which shall be due and payable on the first day of each month and paid at the Landlord's Office of Billings and Collections. The amount of rent to be paid by Tenant each H:'~.GMI~AMODLE~DO<2 1 Lease year shall be increased annually by an amount equal to the increase in the Consumer Price Index (CPI) for the prior year. The CPI as used herein shall mean the United States Bureau of Labor Statistics, Consumer Price Index for Urban Consumer, all items for Washington, D.C.-Maryland- Virginia(1982-1984= 100). The first such increase shall be effective as of the beginning of the second year of the Lease and increase each year thereafter. If the CPI for the prior year is not available at the start of any Lease year, when it does become available such increase will be paid retroactively to the beginning of the Lease year and during each remaining month of that Lease year. If any rent is not paid within fit~een days at~er its due date, then Tenant will pay a late charge equal to five percent of the monthly payment. Upon any renewal of this Lease, this monthly rental charge is subject to being increased in accordance with the mutual agreement of the parties. Section 4. Taxes and Other Charges. In addition to payment of the rent as set forth above, Tenant shall timely pay all applicable real estate or leasehold taxes, sales taxes, telecommunications taxes, utilities taxes, or any other taxes or charges in connection with this Lease or the telecommunications services or facilities provided by the Tenant or that the Tenant may be required by law or regulations to collect and pay. Any applicable real estate or leasehold taxes shall be determined by City's Real Estate Assessor and Landlord will provide appropriate notice and documentation of such taxes to Tenant if assessor does not provide such notice directly to Tenant. Section 5. Ado_ntion of City Policy. The City of Roanoke's Policy as to Wireless Telecommunications Facilities Located on City Property dated January 21, 1997, is hereby incorporated and made a part of this Lease by reference and Tenant agrees to comply with all the provisions of that Policy. Section 6. Governmental Approval Contingency. (a) Tenant Application. Tenant's right to use the Leased Premises is contingent upon Tenant obtaining all certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority, for Tenant's use to take place at the Leased Premises (MGovernmental Approvals"). Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord) in its efforts to obtain such approvals, except that Landlord's agreement to cooperate shall not in any way limit or interfere with the authority or discretion of any regulatory agency, governmental body or authority, affiliated with Landlord, or of any employee, agent, or official of Landlord in the conduct of their responsibility, authority, jurisdiction or decision making with respect to any such Governmental Approval. Tenant, at its sole cost, shall also submit to Landlord, prior to the installation of any of Tenant's equipment, a study by an engineer selected by mutual agreement of Tenant and Landlord showing that the Structure is able to support Tenant's facilities to be installed thereon as described in this Lease without prejudice to Landlord's use of the Structure or surrounding property. Iftl~ T~mnt fails to obtain the above approvals or the study finds that the Structure cannot support Tenant's t~h'ties without interference with Landlord's use of the Structure and without impairing or jeopm'dizin8 the integrity or safety of the Structure that cannot be reasonably remedied (at Tenant's expense), either the Landlord or Tenant may terminate this Lease immediately and Landlord shall then promptly refund any rent paid to Landlord prior to said termination. (b) Interference Study. Before obtaining a building permit, Tenant shall pay the reasonable cost of a radio frequency interference study ("RF Study#) showing that Tenant's intended use will not interfere with any existing communications facilities. The RF Study shall be conducted by an independent qualified engineer selected by agreement of Landlord and Tenant. If the RF Study finds that there is a potential for interference that cannot be reasonably remedied, either the Landlord or the Tenant may terminate this Lease immediately by written notice to the other party given within H :~.GM'rb-'~3DL ~i. IXIC 2 thirty (30) days of delivery of the RF Study to Landlord, and Landlord shall promptly refund to Tenant all rent paid to Landlord prior to such termination. (c) Non-apprQval. If any application necessary under Subsection 6(a) above is finally rejected, or if any certificate, permit, license, or other Governmental Approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority prior to Tenant commencing operation of its Antenna Facility (as described in this Lease) so that Tenant, in its sole discretion, will be unable to use the Leased Premises for Tenant's intended purpose, Tenant shall have the right to terminate this Lease by 30 days written notice to Landlord. Upon such termination, the parties shall have no further obligations to each other, except that Tenant shall restore the Leased premises in accordance with the terms of this Lease. Section 7. Tenant's Use, (a) User Priority. Tenant agrees that the priorities of use, set forth in the City of Roanoke's Policy referred to in Section 5, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly. (b) Purpose. Tenant shall use the Leased Premises only for the purpose of installing, maintaining (to include replacing), and operating a communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant's communications antenna facility shall consist of antennas installed on the structure at a location approved by Landlord, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities") all as shown on attached Exhibit - 3. Tenant shall use the Leased Premises in compliance with all applicable ordinances, statutes and regulations of local, state and federal governmental agencies. Tenant's use of the Structure and Leased Premises shall be NONEXCLUSIVE, and Landlord specifically reserves the right to allow the Leased Premises and Structure to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises and to the Structure. However, Landlord agrees it will not lease Tenant's specific tower space or ground space to another potential user of equal or lower priority status as Tenant. (c) Construction. Before installing any Antenna Facilities on, or commencing any construction on, or improvements to, the Leased Premises, Tenant shall pay for and deliver to Landlord an evaluation carried out by a qualified professional the study called for in Section 6 (a) which shall demonstrate that the Structure can safely and adequately support Tenant's antennas. The cost of the evaluation must be paid by the Tenant within 30 days aider receiving written notice of the cost. Tenant shall not install any improvements on the Leased Premises without the prior written consent of Landlord. None of Tenant's antennas or other equipment will be allowed to extend any higher than the w~t~ tank on the Leased Premises. Tenant shall submit to Landlord site plans and construction drawh~ in adequate detail for Landlord to determine the location, nature, materials, appearance and construction detail of the improvements ("Tenant's Plans#). Landlord shall notify Tenant in writing within fourteen (14) working days of receipt of Tenant's Plans that Landlord approves Tenant's Plans as submitted, approves Tenant's Plans with specified revisions, or rejects Tenant's Plans. The reasons for any such rejection must be stated in detail along with a statement of the action or measures needed to obtain approval. (d) Operation. Tenant shall, at its sole cost and expense, operate and maintain the Antenna Facilities in accordance with good engineering practices, and all applicable FCC rules and regulations. Tenant's installation of the Antenna Facilities shall be in accordance with the Tenant Plans approved by Landlord. Any damage done to the Leased Premises, the Structure, or any other property of Landlord or any other person or property during installation or operation of the Antenna H:~,AGMTS~ODLF..A. DOC 3 Facilities shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of Tenant, unless otherwise provided in this Lease. (e) Maintenance. Improvement Expenses. All modifications to the Leased Premises, and ail improvements to Landlord's Property made for Tenant's benefit shail be at the Tenant's expense and such improvements shall be maintained in a good state of repair by Tenant at Tenant's sole expense. Except in the event of an emergency, Tenant shall provide written notice to Landlord not less than seventy-two hours before commencing any maintenance or other construction on Landlord's property and Tenant shall promptly restore Landlord's property after such work. Any portion of the Antenna Facilities mounted on the Structure shall, at ail times and at Tenant's expense, be painted and shail be the same color as the Structure or such other color as Landlord deems compatible with the Structure. No advertisements shail be placed on the Antenna Facilities. (f) Reolacements. Before Tenant may update or replace the Antenna Facilities, Tenant must notify and provide to Landlord a detailed proposal for any such replacement facilities and any other information reasonably requested by Landlord concerning the requested update or replacement, including but not limited to, a technicai study consistent with any otherwise required under this Lease, carried out at Tenant's expense. (g) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment and improvements instailed on the Leased Premises showing the acmai location of ail Antenna Facilities and of ail other improvements instailed on Landlord's property by Tenant in connection with this Lease. The drawings shail be accompanied by a complete and detailed inventory of all equipment, personai property, and Antenna Facilities to be placed on the Leased Premises, Structure, or other property of Landlord in connection with this Lease. (h) No Interference. Tenant shail, at its own expense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the property by Landlord or any other person. Tenant shail not unreasonably interfere with the operations of any prior tenant using the Structure or with Landlord's use of the Structure. (i) Access. Tenant, at all times during this Lease, shail have access to the Leased Premises in order to instail, operate, and maintain its Antenna Facilities. Tenant shail have access to the Structure only with the approvai of Landlord or as expressly provided as shown on Exhibit - 3. Unless access is provided pursuant to Exhibit - 3, Tenant shall request access to the Structure 24 hours in advance, except in an emergency, and Landlord's approvai shail not be unreasonably withheld or delayed, flit is necessary for Tenant to have access to the Structure at some time other than the normal working hour~ of Landlord, Landlord may charge Tenant for whatever expense, including employee wag~, ~ Iamdlord may incur in providing such access. However, Tenant agrees that it will obtain any tme~'y permission or authority from any third parties that may be needed to access or get to the Leased Premises. (j) Utilities. Tenant shall install utilities to serve the Antenna Facilities in the location shown on Exhibit - 3 at Tenant's sole expense. Tenant shail separately meter ail utilities associated with its use of the Leased Premises and shail promptly pay ail costs for such utility services. (k) Additionai Users. It is the intent of Landlord that the Structure may be used by other communications services providers at the sole discretion of Landlord subject to the requirements of Section 20 of the Lease. Section 8. Emergency Facilities or Removal. In the event ofa naturai or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additionai Antenna Facilities and instail additionai equipment on H:~AGMTS~M~.DOC 4 a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from Landlord. However, Landlord retains the right and privilege to remove any of Tenant's Antenna Facilities as the Landlord deems necessary or appropriate in response to any public health or safety reasons. Section 9. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional reasonable expenses incurred by Landlord to maintain the Structure or any other property of Landlord that are caused by Tenant's use and occupancy of the Leased Premises. If Tenant fails to promptly repair any damage to Landlord's property following Tenant's installation, construction or maintenance of the Antenna Facilities, Landlord may, after 24 hours written notice to Tenant, complete needed restoration or maintenance at Tenant's expense, except in cases of an emergency in which case no notice to Tenant is required. Tenant will reimburse such cost to Landlord within 30 days of notice of said cost. Section 10. Advances in Technolo~v. As technology advances and improved antennas are developed which are routinely used in Tenant's business, Landlord may require, in its sole discretion, that Tenant replace existing antennas with the improved antennas if the new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of the improved antennas are practical and technically feasible at the location of the Leased Premises and will not materially change the operation and coverage of Tenant's equipment. Section 11. Additional Structures. Tenant acknowledges that Landlord may permit additional structures to be installed on the property described on Exhibit - 1 and Landlord's property adjacent to the Leased Premises. Tenant shall permit such structures to be placed immediately adjacent to Tenant's building (if any) and will allow attachments to its building so as to give the appearance that all buildings or structures are a connected facility. Such attachments shall be made at no cost to Tenant and shall not compromise the structural integrity of Tenant's building or other improvements on the Leased Premises. Section 12. Relocation or Removal of Facilities. Within thirty (30) days following written notice from the City, Tenant shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Antenna Facilities on the Leased Premises whenever the City shall have determined that such removal, relocation, change or alteration is reasonably necessary for: (a) The construction, repair, maintenance or installation of any City facilities or other public improvement in or upon the Leased Premises; or (b) The operations of the City or other governmental entity in or upon the Leased Premises. In such case, Te~t shall be entitled to a reduction in rent if its Antenna Facilities are not able to be used. Such reduction shall be in proportion to how much of the Antenna Facilities Tenant can use. If Tenant°s use of the its Antenna Facilities is materially affected by complying with the Landlord's notice for a period of greater than 30 days, Tenant may terminate this Lease upon giving 1 $ days written notice to Landlord, subject to Tenant's duty to restore the Leased Premises as set forth in Section 17. However, if Tenant is required to remove its Antenna Facilities from the Leased Premises under this Section 12, Tenant may erect and maintain on the Leased Premises, at a location approved by the City, a temporary mobile antenna that does not extend any higher than the height of the water tank on the Leased Premises. Such mobile antenna shall only be permitted to remain on the Leased Premises for a period not to exceed 120 days from the date the Tenant's equipment is properly removed from the water tank on the Leased Premises and the temporary antenna shall H:~.G~ODLEA. DOC 5 comply with all applicable laws, ordinances, zoning and other regulations and shall not interfere with Landlord's use of the Leased Premises. Tenant shall give Landlord 14 days notice of the use of any such mobile antenna. Section 13. Indgmnificati0n. (a) Tenant agrees and binds itself to indemnify, keep and hold the City, its officers, agents, employees and volunteers free and harmless from any and all claims, causes of action, damages, costs (including attorney's fees), or any liability on account of any injury or damage of any type to any persons or property growing out of or directly or indirectly resulting from any act or omission of Tenant, including but not limited to: (1) Tenant's use of the public ways or other areas of the City in connection with this Lease Agreement; (2) the acquisition, construction, reconstruction, erection, installation, operation, maintenance, repair or extension of Tenant's Antenna Facilities; (3) the Tenant's exercise of any fight or privilege granted by or under this Lease or any License/Franchise; or (4) the failure, refusal or neglect of Tenant to perform any duty imposed upon or assumed by Tenant by or under this Lease or any License/Franchise. In the event that any suit or proceeding shall be brought against the City at law or in equity, either independently or jointly with Tenant on account of anything set forth above, Tenant, upon notice given to it by City, will defend the City in any such action or other proceeding, at the cost of the Tenant; and in the event of any settlement or final judgment being awarded against the City, either independently or jointly with Tenant, then Tenant will pay any such settlement or judgment or will comply with such decree, pay all reasonable costs and expenses of whatsoever nature and hold the City, its officers, agents, employees and volunteers harmless therefrom. (b) The Tenant shall protect, indemnify, and hold harmless the City from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any Antenna Facilities or the provision of telecommunications service. Section 14. Hazardous Materials. While on or near City's property or easement or in its performance pursuant to this Lease Tenant shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its work under this Lease and in any event Tenant shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of City's acquiescence, Tenant shall indemnify and hold City, its officers, agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney's fees, resulting from Tenant's violation of this paragraph and agrees to reimburse City for aH costs and expenses incurred by City in eliminating or tnmaedying such violations. Tenant also agrees to reimburse City and hold City, its officers, agents, employees and volunteers harmless from any and aH costs, expenses, attorney's fees and all penalties or civil judgments incurred by or obtained against any of them as a result of Tenant's use or release of any hazardous material, substance or waste onto the ground or otherwise, or into the water or air from, near or upon City's premises. Section 15. Insurance, (a) Requirement of insurance. Tenant shall, at its expense, obtain and maintain during the life of the Lease insurance and bonds required by this Lease. Any required insurance and bonds shall be effective prior to the beginning of any work by Tenant within the City. (b) Commercial General Liability_. Tenant shall maintain during the life of its Lease Commercial General Liability insurance coverage on an occurrence basis insuring against all claims, HSAGMTShhJODLEA. DOC 6 loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of any of the work or activity under or by virtue of its Lease or arising out of the Lease. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one occurrence and $1,000,000 aggregate. (c) ¢gntractual Liability. Tenant shall maintain during the life of its Lease broad form Contractual Liability insurance including the indemnification obligation set forth in this Lease if it is not included in the Commercial General Liability insurance coverage in Co) above. (d) Workers' Compensation. Tenant shall maintain during the life of its Lease Workers' Compensation insurance covering Tenant's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance for all its employees engaged in work under its Lease. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury each occurrence; $500,000 bodily injury by disease (Policy limit); and $100,000 bodily injury by disease (each employee). With respect to the Workers' Compensation and Employer's Liability coverage, the Tenant's insurance company shall waive rights of subrogation against the City, its officers, agents, employees and volunteers. (e) Automobile Liability. Tenant shall maintain during the life of its Lease Automobile Liability insurance. The minimum limit of liability for such insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under its Lease. (0 Umbrella Coverage. The insurance coverages and amounts set forth in subsections Co), (c), (d) and (e) of this Section may be met by an umbrella liability Policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage Policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific Policy numbers indicated for the insurance providing the coverages required by subsections Co), (c), (d) and (e), and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Tenant to the City. (g) Evidence of Insurance. All insurance shall meet the following requirements: (1) The Tenant shall furnish the City a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The City shall be notified of any deductible greater than 10% of the policy limit and such deductible shall be subject to approval of the City, which shall not be unreasonably withheld. However, this deductible requirement shall not apply to pre-funded/fully-funded deductible programs upon proper documentation acceptable to the City of Roanoke's Risk Manager. (2) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the City of Roanoke." (3) Except for Workers' Compensation coverage and Employer's Liability coverage, the required certificate or certificates of insurance shall name the City of Roanoke, its officers, agents, employees and volunteers as additional insureds in connection with this Lease Agreement. (4) Insurance coverage shall be in a form and with an insurance company approved by the City which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Lease shall be authorized to do business in the Commonwealth of Virginia. H:~,GMTS~MODLEA. DOC 7 (h) Bond. Tenant shall post and maintain for the life of its Lease a performance bond in favor of the City in the amount of $7,500 per site. The bond shall be issued by a bonding company approved by the City and authorized to do business in Virginia. Section 16. Damage or D~struction. (a) ~ due to no fault of Tenant, the Antenna Facilities are destroyed or damaged so as to, in Tenant's judgment, substantially impair Tenant's effective use of the Antenna Facilities, Tenant may terminate this Lease upon 30 days' written notice to Landlord, which notice must be given within thirty (30) days of the date of such destruction or damage. If Tenant so terminates this Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of termination. (b) ffthe Antenna Facilities are destroyed or damaged due to any action or fault of the Tenant, the Tenant shall promptly replace or repair the Antenna Facilities, repair or replace any damaged or destroyed property of Landlord and continue to pay rent to Landlord. Section 17. Lease Termination. (a) Events of Termination. Except as may otherwise be provided in this Lease, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (1) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within thirty (30) days of receipt of written notice of the default (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); (2) subject to the provisions of Section 6 of this Lease, by Tenant for cause if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary for the construction and/or operation of the Antenna Facilities or of Tenant's business; (3) by Tenant for cause if the Leased Premises is or becomes unacceptable for technological reasons under the Tenant's Antenna Facilities' design or engineering specifications or the communications systems to which the Antenna Facilities belong; (4) by Landlord if it determines that Landlord needs the use of the Leased Premises for its communications needs. Provided, however, Tenant shall have 60 days to provide Landlord with reasonable and workable solutions that would resolve the matter and that such solutions would be able to be implemented at no cost to Landlord within a 180 day period of time from the date Landlord gave notice to Tenant. It will be the Landlord's decision, in its discretion, to determine if such proposed solutions by Tenant should be implemented. If no solutions are proposed by Tenant or Landlord does not ac~t such proposed solutions, Tenant will have twenty-four (24)months from the date of Landlord's original notice to Tenant under this subsection or the remaining portion of the Lease, whichever is less, to remove its Antenna Facilities and restore the Leased Premises as required by this Lease; (5) by Landlord, if Landlord determines that Tenant has failed to comply with applicable ordinances, or state or federal law, or any conditions of any of the Government Approvals. Such failure shall be a default of Tenant's obligations under the terms of this Lease. However, Tenant shall have thirty days from the date of any notice to correct such default; HAAGMTS~MODL~DO~ 8 (6) by Landlord if it determines that the Structure is structurally unsound, including, but not limited to, consideration of the age of the Structure, damage or destruction of all or part of the Structure due to any cause whatsoever, or any factors relating to the condition of the Leased Premises; or (7) by either party upon 30 months notice as set forth in Section 2. (b) Notice 0fTcrmination. The parties shall give notice of termination in writing. Tenant shall be liable to Landlord for all rent, additional consideration and taxes under this Lease for the period of this Lease prior to said termination date, except as set forth in Sections (ifa) and 6(b). (c) Tenant's Liability_ for Early Termination. If Tenant terminates this Lease other than of right as provided in this Lease, or if Landlord terminates this Lease as its remedy for Tenant's default of its obligations hereunder, Tenant shall pay to Landlord as liquidated damages for early termination 150°,4 of the unpaid annual rent for the Lease year in which the termination occurs, unless Tenant terminates this Lease during the last year of the Term (or the current Renewal Term), in which event Tenant shall be liable for 100% of the unpaid Rent for that Lease year. However, Tenant shall remain liable for any other damages, expenses, or costs Landlord may be entitled to. (d) Site Restoration. If this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities and related equipment from the Leased Premises, to repair the Leased Premises to their condition prior to installation of the Antenna Facilities, ordinary wear and tear excepted. Upon commencement of this Lease, Tenant shall deposit with Landlord a bond or cash in the sum of $7,500.00, per site as required in Section 15 (h), which shall include coverage for the timely removal of the Antenna Facilities, and related equipment, and the repair and the restoration of the Leased Premises and Landlord's property to the reasonable satisfaction of Landlord. If Tenant's Antenna Facilities and related equipment are not removed to the reasonable satisfaction of Landlord, they shall be deemed abandoned and shall become the property of Landlord and Tenant shall have no further rights thereto or the Landlord shall have the right to remove such items and charge the Tenant the cost of such removal and/or disposal of such items. Tenant has notified Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements with Tenant: Rural Telephone Finance Cooperative 2201 Cooperative Way Herndon, VA 20171 If Landlord removes the Antenna Facilities or related equipment, other than in the case of an emergency, I.,~dlord must give written notice to the listed entities at the addresses provided, informing them th~ the Antenna Facilities and/or related property have been removed and will be deemed abandot~d if not claimed by said entities and the storage fees and other reasonable costs paid within thirty (30) chsys. Section 15, Limitation of Landlord's Liability, The Landlord, its officers, agents, or employees shall not be liable to Tenant for any damages of any type or loss or interruption of any of Tenant's business or telecommunications services caused by any acts, omissions, or actions of Landlord, whether negligent or otherwise. Furthermore, if Landlord terminates this Lease other than as of right as provided in this Lease or by law, or Landlord causes interruption of the business of Tenant, or otherwise breaches this Lease, to the extent Landlord may be held liable to Tenant, Landlord's liability for damages to Tenant shall be limited to only the actual and direct costs of equipment removal, and shall specifically exclude any recovery for value of the H 5AGMT~%MOD127.A. DOC 9 business of Tenant as a going concern, present or furore expectation of profits, loss of business or profits, or any other related damages of Tenant. Section 19. Tem_t~orary Interruptions of Service. ff Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to discontinue its operation. Tenant shall immediately comply with such order. Service shall be discontinued only for the period that the immediate threat exists. If Landlord does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities regardless of the cause or fault of Landlord. If the discontinuance extends for a period greater than three days, either consecutively or cumulatively, within a thirty day period, Tenant shall have the right to terminate this Lease in accordance with Section 17 above or to agree with Landlord to a prorated reduction of rent. Section 20. Tenant Interference. (a) With Landlord's Property_. Tenant shall not interfere with Landlord's use of the Leased Premises or Landlord's property adjacent to the Leased Premises or the Structure. Tenant shall cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than 48 hours aider receipt of written notice of the interference from Landlord. If Tenant's cessation of such action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises as determined by Tenant in its sole discretion, Tenant shall have the immediate right to terminate this Lease. (b) With Higher Priority_ Users. ff Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in Subsection 7(a) above, Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days a/ter Landlord's written notice, Landlord may at its option terminate this Lease immediately. (c) Interference With User of Equal or Lesser Priority. If Tenant's Antenna Facilities cause impermissible interference with users of equal or lesser priority as Tenant, Tenant and other user(s) shall cooperate and exercise 8ood faith and their best efforts to eliminate such interference. However, the responsibility for eliminating such interference shall be on the user who was the last one to be allowed on ~ Leased Premises. If such interference cannot be eliminated within 30 days after written notice from Landlord or from the other user, the user who has the responsibility for eliminating such interference shall cease operating its Antenna Facilities and remove them from the Leased Premises within a reasonable period of time and restore the Leased Premises as called for by the Lease. (d) Interference Study - New O~:cupants. Upon written notice by Landlord that it has a bona fide request to Lease or use the Leased Premises or an area in close proximity to the Leased Premises, Tenant agrees to provide Landlord, within thirty (30) days of the notice, the radio frequencies cUrrently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary H:~a~r~oDt~oc 10 interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies. Section 21. This Lease, and the fights hereunder, may not be sold, assigned, or transferred at any time by Tenant to Tenant's affiliates or subsidiaries or to any person controlling, controlled by, or under common control with Tenant except upon prior written notice to Landlord. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of Landlord, such consent not to be unreasonably withheld. For purposes of this paragraph, an 'affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50% interest. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. Unless expressly agreed to by Landlord, any assignee of Tenant hereunder, must first receive FCC or state regulatory agency approvals and acquire or succeed to Tenant's radio communications business, and must assume all obligations of Tenant under this Lease. Tenant may sublease the Leased Premises only with the prior written consent of Landlord. However, in all cases Tenant will continue to remain liable for all obligations under this Lease. Section 22. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as oftbe date title to the Leased Premises vests in the condemning authority. Ifa portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of the date of transfer of title, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and Landlord shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the Leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condemning authority, but not from Landlord acting as Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in removing its equipment, personal property, Antenna Facilities, and Leasehold improvements, and any relocation expenses. Section 23. Notices, All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: Landlord, to: City of Roanoke City Manager 364 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 Attn: W. Robert Herbert Fax No. 540-853-1138 With a copy to: Kit B. Kiser, Director of Utilities and Operations 354 Municipal Building 215 Church Avenue SW Roanoke, VA 24011 If to Tenant, to: Virginia PCS Alliance, L.C. c/o CFW Wireless Inc. 1150 Shenandoah Village Drive Waynesboro, VA 22980 Attn: Tom Whitaker, Director - Network Operations Fax No. 540-932-2210 Notice shall be deemed delivered upon the date of personal service, two days at~er deposit in the United States mail, the day aider delivery to a nationally recognized overnight courier, or upon the date of confirmation of a facsimile transmission. Section 24. Miscellaneous. (a) If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker and shall hold the other party harmless from any claims for any commission by such broker. (b) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached as Exhibit 4) necessary to carry out the intent and purposes of this Lease. Either party may record the Memorandum of Lease, but neither party may record the Lease. (c) If any term of this Lease is found to be void or invalid, such invalidity shah not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties intend that the provisions of this Lease be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. (d) The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their representative capacities as indicated. (e) The submission of this document for examination does not constitute an offer to Lease or a reservation of or option for the Leased Premises and shall become effective only upon execution by both Tenant and Landlord. (f) This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but aH of which together shaH constitute a single instrument. (8) The parties understand and acknowledge that Exhibit - 3 (the sketch of the Antenna Facilities) may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation ora ~ more complete exhibit, Exhibit - 3 may be replaced by the parties with a final, more complete exhibit, which exhibit shaH be agreed to and conformed by the parties. (h) Tenant shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations. (i) The terms, conditions, provisions and undertakings of this Lease shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. (j) The paragraph Captions and Headings in this Lease are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Lease. (k) Tenant shaH not discriminate on the basis of race, religion, color, sex or national origin in its employment practices, contracting or provision of services. .:~AG,~oo~r~ooC 12 (1) By virtue of entering into this Lease, Tenant agrees and submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Lease is controlled by the laws of th~ Commonwealth of Virginia or any applicable federal laws and that all claims, disputes, and other matters shall be decided only by such court according to the laws of the Commonwealth of Vh'ginia or any applicable federal laws. (m) Tenant agrees that the Landlord's waiver or failure to enforce or require performance of any term or condition of this Lease or the Landlord's waiver of any particular breach of this Lease by the Tenant extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Lease or a waiver of any other breaches of the Lease by the Tenant and does not bar the Landlord from requiring the Tenant to comply with all the terms and conditions of the Lease and does not bar the Landlord from asserting any and all rights and/or remedies it has or might have against the Tenant under this Lease or by law. (n) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties have executed this Lease by the following signatures. ATTEST: LANDLORD: City of Roanoke City Clerk BY: Witness: By. Printed Name Title TENANT: Virginia PCS Alliance, L.C. A Virginia Limited Liability Company Authorized Member Walter M. Zirkle, Vice President and Chief Operating Officer CFW Wireless Inc., Managing Partner for Virginia PCS Alliance, L.C. Approved as to Form: City Attorney Approved as to Execution City AttorneY H:~.GMTS~ODLF. A.IXIC 13 Appropriation and Funds Required for this Contract Certified Director of Finance Date Ac, ct. # Commonwealth of Virginia of , to-wit: The foregoing Lease was acknowledged before me this ~ day of by for the City of Roanoke, for and on behalf of said Corporation. ,1998, Municipal My commission expires: Notary Public Commonwealth of Virginia of , to-wit: The foregoing Lease was acknowledged before me this ~ day of ,1998, by for Virginia PCS Alliance, L.C., for and on behalf of said Virginia Limited Liability Company. My commission expires: Notary Public Mary F. Parker, CMC/AAE c~ c~rk CITY OF ROANOKE Office of the City Clerk July 24, 1998 File #28-29-166-468 8andre H. Eakin ~pmy c~y C~rk W. Robert Herbert City Manager Roanoke, ~f~rsjnia Dear Mr. Herbert: I am attachin~ copy of Ord/nance No. 33925-072098 authorizing the donation and conveyance of an easement across City-owned property located at the comer of Jamison Avenue and 14th Street, S. E., identified as Offic/al Tax No. 4220316, to Appalachian Power Company; for the purpose of extending the existin~ overhead electric power line to provide electric service to an adjacent property, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 6, 1998, also adopted by the Council on second readi~ on Monday, July 20, 1998, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk Ml~:lo Attachmem pc: James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Charles M. Huffine, City Engineer C:~JULY'20.WPD W. Robert Herbert July 24, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations James Grigsby, Fire-EMS Chief Billy W. Southall, Deputy Fire Chef/Operations Sarah E. Fitton, Engineering Coordinator C:MULY20.WPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33925-072098. AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property identified by Official Tax No. 4220316 to Appalachian Power Company, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying an easement to Appalachian Power Company across City-owned property located at the corner of Jamison Avenue and 14th Street, S.E., bearing Official Tax No. 4220316, for the purpose of extending the existing overhead electric power line to provide electric service to an adjacent property, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated July 6, 1998. ATTEST: City Clerk. July 6, 1998 Report No. 98-342 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City Owned Property - Appalachian Power Company Fire Station No. 6 - Tax No. 4220316 The attached staff report was considered by the Water Resources Committee at its regular meeting on June 15, 1998. The Committee recommends that City Council authorize the execution of the appropriate document granting an easement across City-owned property to Appalachian Power Company, in accordance with conditions stated in the attached report: Respectfully submitted, Chairperson Water Resources Committee LFW:KBK:afm Attachment Wilburn 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 Charles M. Huff'me, City Engineer Delores D. Daniels, Assistant to City Manager for Community Relations Billy W. Southall, Deputy Fire Chief/Operations Sarah Fitton, Engineering Coordinator Report No. 98-342 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: June 15, 1998 TO: FROM: ~ember~, Water Resources Committee t,~~r,~E:)irector, Utilities and Operations thru '~-VV. Robert'l~'~rbert, City Manager SUBJECT: EASEMENT ON CITY OWNED PROPERTY APPALACHIAN POWER COMPANY FIRE STATION NO. 6 - TAX NO. 4220316 Background in chronological order is as follows: Fire Station No. 6 is located at the corner of Jamison Avenue and 14th Street, SE. Appalachian Power Company (APCO) provides electric service to the Fire Station through overhead facilities. The current power line ends on the Fire Station property. See attached plat. II. Current situation is as follows: Construction of a new Rite Aide on the site adjacent to the Fire Station is currently underway. An easement across Fire Station property has been requested by APCO in order to extend the line to provide electric service to the adjacent parcel. APCO has agreed to relocate said facilities one time, if necessary, at the sole expense of the grantee. III. Issues in order of importance are: A. Need B. Timing Members, Water Resources Committee EASEMENT ON CITY OWNED PROPERTY APPALACHIAN POWER COMPANY FIRE STATION NO. 6 - TAX NO. 4220316 June 15, 1998 Page 2 IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize thL; execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City-owned property. Said easement shall be for the purpose of extending the existing overhead electric power line to provide electric service to the adjacent parcel. Need for easement to allow extension of the electric power line is met. Timing to allow extension as soon as possible is met. Water Resources Committee does not recommend that City Council authorize-; the execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City-owned property. Said easement shall be for the purpose of extending the existing overhead electric power line to provide electric service to the adjacent parcel. 1. Need for easement to allow extension of electric power line is not met. 2. Timing to allow extension as soon as possible is not met. Water Resources Committee recommends that City Council authorize execution of the appropriate document granting an easement across City-owned property to Appalachian Power Company, in accordance with Alternative "A". WRH/KBK/SEF Attachments CC: City Attorney Director of Public Works Director of Utilities and Operations Director of Public Safety Assistant to City Manager for Community Relations City Engineer Deputy Fire Chief/Operations Engineering Coordinator MAP SECT. 278 C3 FIRE STATION No. 6 CITY OF ROANOKE, VIRGINIA T. D. 665020 OVERHEAD LINE EXISTING POLE 278-5264 PROPOSED OVERHEAD . LINE APPALACH ! AN POWER COMPANY CENTRAl. VIRGINIA REGION ROANOKE, VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE m ~"'" LMA ! ~',,. 4'-23-98 '"'" MJM ! ~..~, AS SHOWN OR~WING NO. R- 3332 Mary; F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk July 24, 1998 File #5-28-29-166-468 8andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33928-072098 authorizing the donation and conveyance of an easement across City-owned property at the Roanoke Centre for Industry and Technology to Appalachian Power Company, said property identified as Official Tax No. 7230101, for the purpose of relocating and extending the existing overhead electric power line to avoid a proposed future detention basin and to provide dectric service to the City's new horse stables for the mounted patrol, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, July 6, 1998, also adopted by the Council on second reading on Monday, July 20, 1998, and will be in full force and effect ten days following the date of its second reading. MFP:lo Sincerely, Mary F. Parker, CMC/AAE City Clerk pc: James D. G-risso, Director of Finance Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Charles M. Huffine, City Engineer C:UULY20.WPO W. Robert Herbert July 24, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations James Crrigsby, Fire-EMS Chief Billy W. Southall, Deputy Fire Chief/Operations Sarah E. Fitton, Engineering Coordinator E. Douglas Chitmm, Economic Development Administrator C:UULY20.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33928-072098. AN ORDINANCE authorizing the donation and conveyance of an easement across City-owned property at the Roanoke Centre for Industry and Technology to Appalachian Power Company, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary document donating and conveying an easement to Appalachian Power Company across City-owned property located at the Roanoke Centre for Industry and Technology, bearing Official Tax No. 7230101, for the purpose of relocating and extending the existing overhead electric power line to avoid a proposed future detention basin and provide electric service to the City's new Horse Stables for the mounted patrol, upon certain terms and conditions, as more particularly set forth in the report of the Water Resources Committee dated July 6, 1998. ATTEST: City Clerk. II ()RDC)-AI~('¢)-I! I REC~i'v~O CITYFt~.,~'_ ''.. -'~r:~ P4:40 July 6, 1998 Report No. 98-344 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City Owned Property - Appalachian Power Company RCIT Horse Stables - Tax No. 7230101 The attached staff report was considered by the Water Resources Committee at its regular meeting on June 15, 1998. The Committee recommends that Council authorize the execution of the appropriate document granting an easement across City-owned property to Appalachian Power Company, in accordance with conditions stated in the attached report. Respectfully submitted, Water Resources Committee LFW:KBK:afm Attachment CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations George C. Snead, Director of Public Safety Charles M. Huffine, City Engineer Delores D. Daniels, Assistant to City Manager for Community Relations E. Douglas Chittum, Economic Development Administrator Sarah Fitton, Engineering Coordinator Report No. 98-344 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: June 15, 1998 Mem~,r~Water Resources Committee '~B. Kiser, Dire~t~]~lt~s and Operations thru W. Robert Herbe~Manager EASEMENT ON CITY OWNED PROPERTY APPALACHIAN POWER COMPANY RCIT HORSE STABLES - Tax No. 7230101 Background in chronological order is as follows: Land conveniently located to Route 460 East was acquired for industrial development in 1989, now known as Roanoke Centre for Industry and Technology (RCIT). Stable facilities for the City's horse mounted patrol have been leased since 1993. Present stable is located at 1615 Cleveland Avenue, SW. II. Current situation is as follows: A. Lease for current stable will expire September 30, 1998. Plans for construction of a permanent stable facility on a site near the proposed detention basin in RCIT have been developed. An easement across RCIT property has been rec!uested by APCO in order to relocate an existing power line to avoid the proposed detention basin and provide electric service to the new stable. III. Issues in order of importance are: A. Need B. Timing Members, Water Resources Committee EASEMENT ON CITY OWNED PROPERTY APPALACHIAN POWER COMPANY RCIT HORSE STABLES June 15, 1998 Page 2 IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize the execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City-owned property. Said easement shall be for the purpose of relocating the existing electric power line to provide electric service to the proposed police horse stable. 1. Need for easement to allow relocation of the electric power line is met. 2. Timing to allow relocation as soon as possible is met. Water Resources Committee does not recommend that City Council authorize the execution of the appropriate document, in a form approved by the City Attorney, granting an easement to APCO across City-owned property. Said easement shall be for the purpose of relocating the existing electric power line to provide electric service to the proposed police horse stable. 1. Need for easement to allow relocation of electric power line is not met. 2. Timing to allow relocation as soon as possible is not met. Water Resources Committee recommends that City Council authorize execution of the appropriate document granting an easement across City-owned property to Appalachian Power Company, in accordance with Alternative "A". WRH/KBK/SEF CC: City Attorney Director of Public Works Director of Utilities and Operations Director of Public Safety Assistant to City Manager for Community Relations City Engineer Economic Development Administrator Engineering Coordinator I i i i / EXISTINGiPOLE 251-157, / PROPOSED POWER LINE PROPOSED DETENTION POND EXISTING .." ROANOKE CITY HORSE STABLES OVERHEAD ~I~E- AND DETENTION POND MAP 5780 251A CITY OF ROANOKE, VIRGINIA T. D. 665020 O' 50' 100' I I '1 200' APPALACHIAN PO~/ER CONPANY CENTRAL VIRGINIA REGION ROANOKE VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE "-- "" TJM ~,t, 5-27-98 ~" ""' MJM ~,-,, AS SHOWN s~,T .--L. ~" _..J .... DRAWING NO. R-5541 Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk July 24, 1998 File #57 Sandm H. Eakin Deputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 1998, Council Member Hudson inquired about the time table for repaving certain City streets; whereupon, the Mayor requested that you meet with Mr. Hudson to discuss the matter. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk C:UULY20.WPO CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Ck~rk July 24, 1998 8andre H. F. akin Deputy City Clerk File #51-54..67-72.144.183 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, Jul; 20, 1998, Council Member Swain requested a status report on the following matters: removal of junk vehicles, removal of dilapidated structures, weed control, removal of discarded items from rental properties such as refrigerators, tires, etc., City's tree planting program, cost to the City of collecting litter, removal of homeless persons from City streets, and illegal housing of domestic animals. The Mayor requested that you, or your rePresentative, meet with Mr. Swain to address his concams. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk C:UULY20.WPO CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE Ck rk · llndm H. Eakin Deputy City Clerk July 24, 1998 File #178 W. Robert Herbert City Manager Roanoke, Virginia Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Herbert and Mr. Dibling: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 1998, residents appeared before Council in opposition to a proposal of Habitat for Humanity in the Roanoke Valley to construct approximately 34 houses in the Westview Terrace section of the City. Residents expressed concern that they did not receive timely notification of the project, devaluation of existing property in the area, and the proposed Habitat houses will not be compatible with other houses in the neighborhood. The matter was referred to you for report to Council on Monday, August 3, as follows: The City Attomey was requested to determine the City's legal involvement, if any. The City Manager was requested to facilitate discussions between Westview Terrace representatives and representatives of Habitat for Humanity in the Roanoke Valley. Habitat for Humanity was requested to stop construction on the building site during the intedm time period. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Mr. Kermit E. Plummer, 1652 Garstland Ddve, N. W., Roanoke, Virginia 24017 Gregory Feldmann, President, Habitat for Humanity, 1701 Cleveland Avenue, $. W., Roanoke, Virginia 24016 C:MULY20.WPO 0UL.-21'981TUE) 18:20 GtTY MANAGERS OFFICE TEL:HO 853 1138 '98 Jill_ 22 A9 : iO Office of t1~ City Manager July 21, 1 The Honorable David A. Bpwers, Mayor and Members of City Council Roanoke, Virginia i Dear Mayor Bowers and Members of City Council: Subject: Habitat tbr Humanity After considerable ~ougM and consultation, I trove contacted the Conflict Resolution Center (C.R.C.) to determine it' they could serve as mediators between ttabitat for Humanity and residents of the Westview Terrace neighborhood. I have spoken with]Mr. Kermit Plummer and. in addition, I have contact~ Habitat membexs David Feldmanni and David Camper (using voice mail). Mr. Plummet has informed me that Habitat will hold an elecutive board meetin[ on Wednesday, July 22, and will inform tl~ neighborhood of how ~hey;intend to proceed. Mr. P!umme~ also indicated that he did not spt~k for the entire neighborhood but saw my suggestion as a positive move. This afternoon, I am sending Mr. Feldmann, Mr. Camper and Mr. Plummet a letter to request a response to the city's off~ to acquire an outside mediator. I will notify you as soon as a I receive an answer from both parties. My hope is that both parties can proceed as swiftly as possible to resolve this matter. This is for your information only and requires no action. Plcase contact mc if you have an~, qoestion~. W. Robin Herbert WRH:ap COl Mary F. Parker, City Clerk Wilbm-n C. Diblin~, Jr., City Attomcy James D. Ori~so, Director of Finance William F. Clark, ~irector of Public Works Roo~364 Munlclp~Soull~ 215 Ch~cn Avenue. SW. Roonoim. Vlrglnto 24011-1591 (540)85.1-2333 FAX(Sa0)853-1138 ~V~L.-21'981TUE) 18:20 CITY MANAGERS OFFICE TEL:540 853 1138 P. 003 Office of the City Manoger July21,1998 K~nuit Plummet 1652 Garstland Dr. N.W. Roanoke, Virginia 24017 Oreg Feldlnann Presidem Habilat for H~manity 1701 Clevciand Ave. Roanoke, Virginia 24016 Dear Mr. pi-miner and Mr. Feldroann: It wu a pleasure speaking to you this morning, Mr. Plummet, in person, and Mr. Feldmann, by voice mail, r~gardial~ the city's offer to provide outside mediation through the Conflict Resolution Center. As 1 indicat~l earlier, the city would be responsible for payment of any services rendered by the Center. My understanding, from discussions with Mr. Plummer, is that your organizations would be willing to talk after Habitat's executive board meets this week. I hope that both parties will contact my office if the city's oft~ of outside mediation is acceptable. I am including some background information regardin8 the Cemt~. Roanoke City 8ovemment has used the Center successfully in the past and their expertise has proven to be invaluable. Please understand that I am not dictating, in any way, that you milize their services, but I mn merely offering this option in thc spirit of goodwill. In addition, t want to ensure that both parties receive the best mediation services available ia the Roanoke Valle. Although I will be taking my son to his college orientation over the next two days, I will be in contact with my office by phone. If both p,~tics agree to utilize the services of an outside mediator, I will have Ms. Gerry Ann Bier, executive director for the Center, contact each oryou to schedule thc first m~/nl~ Again, it is my hope that both parties can reach an a~cnt as soon as possible. Please do not hesitate to contact me if you have any additional questions. Room 364 Munlcl~O~ Soutl~ 21$Chus~h Av~nue, S.W. ~,V~ 2~11.1~1 (~ 853-2333 C~;www CI.r~no~.vo.ut J~-2i-l~ 18:3~ ~0 ~3 11~ ~ FAX (,54O) 853-1 lac P. 03 dUL. 21'98(TUE) 18:21 CITY MANAGERS OFFIGE ¢ TEL:540 853 1138 .P. 004 Sincerely, W. Robert Herbert City Manager WRH:ap Enclosu~ cc: The. Honorable David A. Bowers, Mayor and Members of City Council Mary F. Parker, City Clerk Wilbum C. Dibling, Jr., City Attorney James D. Orisso, Din~ctor of Finane~ James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works JUL-21-1998 18:3~ 5~ 85~ 11~8 P.~4 0~L.-21'981TUEI 18:20 CITY MANAGERS OFFICE TEL:540 853 1138 P. O01 City of Roanoke City Manager's Office W. Robert Herbert, City Mannlter ,lame. O. Rltehit, Assistant City Manacer Angelita Y. Piemmer, Public information Offit~r Deborah J! Moses, Assistant to the City Manager for SptcJ~l Projects Doiores C. ihhieis, Assi. st~nt to the City Mnuapr for Communit~ Rdations FAX TRANSMITTAL Date: 7/21/98 i TO; The tlonorab]~e ~avid Ao No. of Pages_ Bowers and Members of City Council From: w. Robert Notes A: Don't forpt to~isit th,, City ofRoano~'s Webs~te at b .Im'd/w~v-ci-roanok~va-us 215 ~ureb Avenue S.W., Room 36d, Roanoke, Virginia 24011 Phone (MO) 003-2.333 - Fax (Sd0) 803-1138 Office of the City Manager July 21, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Habitat for Humanity After considerable thought and consultation, I have contacted the Conflict Resolution Center (C.R.C.) to determine if they could serve as mediators between Habitat for Humanity and residents of the Westview Terrace neighborhood. I have spoken with Mr. Kermit Plummer and, in addition, I have contacted Habitat members David Feldmann and David Camper (using voice mail). Mr. Plummer has informed me that Habitat will hold an executive board meeting on Wednesday, July 22, and will inform the neighborhtmd of how they intend to proceed. Mr. Plummer also indicated that he did not speak for the entire neighborhood but saw my suggestion as a positive move. This afternoon, I am sending Mr. Feldmann, Mr. Camper and Mr. Plummer a letter to request a response to the city's offer to acquire.an outside mediator. I will notify you as soon as a I receive an answer from both parties. 'My hope'is that both parties can proceed'as swiftly as possible to resolve this matter. This is for your information only and requires no action. Please contact me if you have any questions. W. Robert Herbert WRH:ap cci Mary F2 Parker, City Clerk Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works 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 Office of the Cit? ~'nn~'a~ July 21, 1998 Kerrnit Plummer 1652 Garstland Dr. N.W. Roanoke, Virginia 24017 Greg Feldmann President Habitat for Humanity 1701 Cleveland Ave. S.W. Roanoke, Virginia 24016 Dear Mr. Plummer and Mr. Feldmann: It was a pleasure speaking to you this morning, Mr. Plummet, in person, and Mr. Feldmarax, by voice maiL, regarding the city's offer to provide outside mediation through the Conflict Resolution Center. As I indicated earlier, the city would be responsible for payment of any services rendered by the Center. My understanding, from discussions ,$4th Mr. Plummer, is that your organizations would be willing to talk after Habitat's executive board meets this week. I hope that both inrties will contact my office if the city's offer of outside mediation'is acceptable. I am including some background informatiOn regarding the Center. Roanoke City government has used the Center successfully in the past and their expertise has proven to be Please understamt that I am not dictating, in ami way, that you mili~e their services, but am mealy offering this option in the spirit of goodwill. In addition, t want to ensure that both parties receive the .best mediation services available in the Roanoke Valley. Although I will be taking my son to his college orison over the next two days, I will be in conlact with my office by phsme, tf both partita aging ta.~ servi_¢~ of an outside.. mediator, I will have Ms. Gerry Ann Bier, executive director for the Centex, contact each of you, to schedule the fn'st meeting. Again, it is my hope that both parties can reach an agreement as soon as possible. Please do not hesitate to contact me if you have any additional questions. Room 364 Municipal South 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (5afl ;:: '; CityWeb:www o .roanoke va.us WRH:ap Enclosure CC.' The Honorable David A. Bowers, Mayor and Members of City Council Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works Sincerely, W. Robert Herbert City Manager MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 27, 1998 File #51 Mr. Richard Nichols Southeast Action Forum 1620 Kirk Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Nichols: Your communication expressing concern with regard to the proposed expansion of the Rescue l~_~on of Roanoke, Inc., in the southeast community, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. On motion, duly seconded and adopted, the communication was received and fded. Sincerely,~ C.~~.C /~~ City Clerk Ml~:lo Enclosure p¢~ Mary Ellen Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, P. O. Box 2887, Roanoke, Virginia 24001 H:~GEN~ULY20.WI3O July 14, 1998 Southeast Action Forum 1015 lamison Ave., S.E. Roanoke, VA 24013 Mayor and Members of City Council, thank you for allowing us to come before you to express our concerns about the revitalization of our neighborhood and the role of the Rescue Mission in our community. I know that you recognize the importance of neighbor:hoods to the health and vitality of Roanoke City. I've heard many of you express your commitment to improving neighborhoods during speeches and debates. And City Council's Vision Statement talks about the importance of quali~7 of life. We agree that improving neighborhoods and our downtown is important for maintaining the quality of life Roanoke enjoys, attracting people back to the City, increasing our property values, and increasing our tax base. It is with these things in mind that I've come to bring to your attention some concerns the southeast residents and residents of neighborhoods throughout the city have with the Rescue Mission and its expansion plans. The Rescue Mission serves a vital need in our community. We recognize that Roanoke would be worse off without its programs to help homeless people and families. Unfortunately, the ResCue Mission and other facilities like it tend to have negative effects on the surrounding neighborhoods and downtown. We are looking for ways they can provide for the needy and still be good neighbors. Before you allow the Rescue Mission's expansion, we are asking that they addre,~ these concerns. A major community concern is with the behavior of some of the Rescue Mission clients. Specifically, loitering, public drunkenness, panhandling, destruction of property, and disorderly conduct. It is not uncommon in our neighborhood for residents and theh' children to have to see people urinating and relieving themselves in public. Our neighborhood has had problems with vacant houses catching on fire because vagrants break in. This environment makes our neighborhood and the nearby downtown area attractive to other crimes like prostitution, drug dealing, robbery, and assaults. We are trying to improve our community and raise our children in good homes. We are trying to set good examples and teach our children right from wrong. I know you'll agree that all of our children deserve to grow up in a loving, safe place. Obviously the conditions we live in aren't safe and are a bad influence. Businesses are being impacted too. Many of our businesses are leaving the area, complaining about the vagrants and customers being afraid to come to the We have other concerns but aren't going to go on and on here. We just wanted to make you aware of that many neighborhoods have concerns about the Rescue Mission's expansion before the issue causes a lot of political controversy. We want you to make an informed decision that will be in the best interest of the Southeast neighborhood, downtown, and Roanoke as a whole. Temple C. Moore P.O. Box 8335 Roanoke, VA 24014 July 15, 1998 Southeast Action Forum Richard Nichols 1620 Kirk Ave. SE Roanoke, VA 24013 Re: Roanoke Rescue Mission Dear Mr. Nichols: At your request I am writing you of our feelings on the Rescue Mission. Over the years, the actions of the people they attract to the Mission have been very bad. The alcoholics hang around our building, using the sides of the building as a bathroom, which requires constant clean up. They discard wine bottles, throwing many on the roof, which creates pro- blems on cleaning. My tenants constantly complain and are threatening to leave due to these ,problems. When I was operating my business there, we required the girls who might be working late to call the Roanoke Police before they left the office as a safety measure for them. They are not good neighbors. Trustee - Moore Associates This letter is to express my support for the Southeast Action Forum in their efforts to oppose expansion of the City Rescue Mission. The wishes or desires of businesses, whether they be commercial or charitable cannot be allowed to lessen the quality of life for neighborhood residents or devalue their property. I believe building dormitories for the express purpose of housing drug addicts can in no way benefit the existing residents of Southeast Roanoke. Anyone who thinks it's a noble cause should volunteer to put it in their backyard, we'd rather have a grocery store in ours. espectfu~ly, David Chopski Wonder Drug Southeast Pharmacy 1224 Jamison Ave Roanoke, Va. 24013 WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! 22). 23). 24) 25), 26) ~ _ _~ _ 27). 8k _'-. - -- 28). 9~ 29) 10)*,--- - .~_ ':- _. - 30) 32) 13)___~JOM, J. J (,~_,x , 33). 14) ~' J.. .... :~ -:-_ ,; Jw~ ... '? -' '~i 34) 35) 36) 37), 18) 38), 3,9). 20) ! 40) WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING , BUT LOSING! WE WILL LOSE FAMILIES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMILIES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMILIES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! 19) 2o) '.~,a% (,~_ . WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! 13) ~, ~ ~ Vol zT/ / WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMH.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! /~/~Z/~- : ,R,~RE's s = :5' \ WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMILIES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! .. 21) I[o {LIr 22)/a,/Y' 2~) 27) 160ct C~,.,,.,o&~.lt A,~ S £ WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.[ES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. 11 12 13 14). 15' 17' 18 19),~~ ~ ~-~ ~2~ x ~.,O, O R87s .,e : WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMILIES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! ,c/~fz~e-., 2) ~J o~o~ ', ~3) ~ ~~ 19)~ ~ ~,~ 22) 23) 24) 25) 26) 27) 28) 29) WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNIT~S. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! WE TI-IE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNIT~S. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! 9). lO 11) 13) WE THE COMMUNITY OPPOSE THE EXPANSION OF THE RESCUE MISSION. ROANOKE CITY IS FAST BECOMING A MAGNET FOR VAGRANTS FROM ALL OVER SURROUNDING COMMUNITIES. ROANOKE CITY IS NOT GAINING, BUT LOSING! WE WILL LOSE FAMII.IES AND BUSINESS, THEY WILL LEAVE THE CITY. LETS DO SOMETHING BEFORE IT IS TO LATE. LETS UNITE!! /qX),OAg~..S3.': 8) 9) 10). 11) 12). 13). 14) 15) 16) 17)... 18) 19) 20). APRIL 1998 Southeast News Letter/Questionnaire The Southeast Action Forum is a Neighborhood Association, part of Neighborhood Partnership. It is just a way of Southeast residents to get together to talk about, and solve community issues. *FF IS OPEN TO THE PUBLIC* I.) What is going on in Southeast? A-- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE B- S.E.A.F.(old fLrehouse) has recently had gutters put on the building. C- There's talk ora new bank at the old First Union, located at 9th Street and Jamison Ave. SE. D- 9th Street Galaxy has been tom down, a CVS drug store is going to be built in its place. E- Rite Aid is being built on 13th Street SE F- Explore Park is raising money to put up markers for Tutelo Indians. G- Rescue Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE 2.) What S.E.A.F. is trying to do; Please state if you agree or disagree: A) B) C) D) The S.EA.F says that a substance abuse shelter isn~ needed in this area. Agree (Disagre~'xt Property Value would go down if the shelter is buik. ~ Disagree This area would benefit with a park for neighborhood children, not a substance abu_se_shelter. ~ Disagree Do you as a Southeast resident, agree or disagree with these statements and why? APRIL 1998 Southeast News Letter/Questionnaire The Southeast Action Forum is a Neighborhood Association, part of Neighborhood Parmership. It is just a way of Southeast residents to get together to talk about, and solve community issues. *IT IS OPEN TO THE PUBLIC* I.) What is going on in Southeast? A-- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE B-- S.E.A.F.(old firehouse) has recently had gutters put on the building. ' C-- There's talk ora new bank at the old First Union, located at 9th Street and Jamison Ave. SE. D- 9th Street Galaxy has been torn down, a CVS drug store is going to be built in its place. E- Rite Aid is being built on 13th Street SE F- Explore Park is raising money to put up markers for Tutelo Indians. G- Rescue Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE Please state if you agree or disagree: The S.E.A.F says that a substance abuse shelter isn~ needed in this area. Property Value would go down if the shelter is built. 2.) What S.E.A.F. is trying to do; A) Disagree Disa~ee This area would benefit with a park for neighborhood children, not a substance abuse shelter. A.A.A.A.A.A.A_ ~ Disagree D) Do you as a Southeast resident, agree or disagree with these statements and why? i ne S.E.A..F. believes the Rescue Mission means to do good, but this area has enough to deal w~th. lLets/'~ concentrate on what our problems are now, nstead oeadding to them. 3')~0t~ fi'°m 1 P'm' un?! 4 P'm', the/~'l~- is holding a Fi~Pol' r~'o~ uonations are accepted ~e~'c n Day. 4.) There will be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. $5.00 donation-bring your own table $10.00 donation-rents table (Ram date- June 27th) Please join our Forum. We meet every 1st Tuesday of'the month (7:30 p.m.) at 1015 Jamison Ave SE (at the old fire house) Please red, pond to the issue on the Rescue Mission we need to know. If you have any concerns, please contact: RICHARD OR CHRISTINE 982-2845 343-8776 ~ APRIL 1998 Southeast News Letter/Questionnaire The Southeast Action Forum is a Neighborhood Association, part of Neighborhood Parmership. ~t is just a way of Southeast residents to get together to talk about, and solve community issues~ *IT IS OPEN TO THE PUBLIC* I.) What is going on in Southeast? A-- Clean Valley Day was March 28th. S.EA.F. cleaned the City Cemetery on Tazewell Ave. SE B- S.E.A.F.(old firehouse) has recently had gutters put on the building. C- There's talk ora new bank at the old First Union, located at 9th Street and lamison Ave. SE. D- 9th Street Galaxy has been tom down, a CVS drug store is going to be built in its place. E- Rite Aid is being built on 13th Street SE F- Explore Park is raising money to put up markers for Tutelo Indians. G- Rescue Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE 2.) What S.EA.F is trig to do; Please state if you agree or disagree: A) B) C) D) The S.E.A.F says that a substance abuse shelter isn~: needed in this area. ~ Disagree Property Value would go down if the shelter is built. ~ Disagree This area would benefit with a park for neighborhood children, not a substance abuse shelter. )Disagree Do you as a Southeast resident, agree or disagree ~ these statements and why? The S.E.A.F. believes the Rescue Missi66 means to do good, but this area has enough to deal ~i'. Lets concentrate on what our problems are now, instead of adding to them. 3.) On May 20th fxom 1 p.m. until 4 p.m., the S.E.A.F. is holding a Fire and Police Appreciation Day. Donations are accepted. 4.) There will be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. $5.00 donation-bring yom' own table $ l 0.00 donation-rents table (Rain date- Sune 27th) Please join our Forum. We meet every 1st Tuesday of the month (7:30 p.m.) at 1015 Jamison Ave SE (at the old fire house) Please re~pond to the issue on the Rescue Mission we need to know. If you have any concerns, please contact: RICHARD OR CHRISTINE 982-2845 343-8776 APRIL 1998 Southeast News Letter/Questionnaire The Southeast Action Forum is a Neighborhood Association, part of Neighborhood Partnership. It is just a way of Southeast residents to get together to talk about, and solve community issues. *IT IS OPEN TO THE PUBLIC* I.) What is going on in Southeast? A-- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE B- S.E.A.F.(old firehouse) has recently had gutters put on the building. C- There's talk of a new bank at the old First Union, located at 9th Street and Jamison Ave. SE. D- 9th Street Galaxy has been tom down, a CVS drug store is going to be buitt in its place. E- Rite Aid is being built on 13th Street SE F- Explore Park is raising money to put up markers for Tutelo Indians. G- Rescue Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE 2.) What S.E.A.F. is trying to do; Please state if you agree or disagree: A) The S.E.A.F says that a substance abuse shelter isn't needed in this area. B) Property Value would go down if the shelter is built. ~ Disa~ee ~ Disagr~ c) This area would benefit with a park for neighborhood children, not a substance ab~_e~r. Disagree Do you as t~.,Southeast resident, agree 9r disagree witl~, these state~entsjand why? The S.E.A.F. believes the Rescue Mission means to do good, bnt this area has enough to deal with. Lets concentrate on what our problems are now, instead of adding to them. 3.) On May 20th from 1 p.m. until 4 p.m., the S.E.A.F. is holding a Fire and Police Appreciation Day. Donations are accepted. 4.) There will be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. $5.00 donation-bring your own table $10.00 donation-rents table (Rain date- June 27th) Please join our Forum. We meet every 1st Tuesday of the month (7:30 p.m.) at 1015 Jamison Ave SE (at the old fire house) Pl_~_se respond to the issue on the Rescue Mission we need to know. If you have any concerns, please contact: RICHARD OR CHRIST[NE 982-2845 343-8776 APRIL 1998 Southeast News Letter/Questionnaire '~~a~t Action Forum is a Neighborhood Association, part of Neighborhood Partnership. It is just a way of Southeast residents to get together to talk about, and solve community issues. "' *IT IS' OPEN TO THE PUBLIC* ~ is going on in Southeast? A- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE B- S.E.A.F.(old firehouse) has recently had gutters put on the building. . C- There's talk ora new bank at the old First Union, located at 9th Street and Jamison Ave. SE. 1~- 9th Street Galaxy has been tom down, a CVS drug store is going to be built in its place. :~-~,~ Aid is being buik on 13th Street SE ~ F' EklJlore Park is raising money to put up markers for Tutelo Indians. G- Resone Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE ~2~)~--'S:E:A.F. istryingto do; Please state ifyou agree or disagree: A) The S.E.A.F says that a substance abuse shelter isn~ needed in this area. B) Property Value would go down if'the shelter is built. Agree Disagree Agre/e Disagree This area would bene~t with a park for neighborhood children, not a substance abuse shelter. A~,~, Disagree Do you as a Southeast resident, agree or disagree with these statements and why? I think the Subst,~nce abuse sheltes sould be built in Roanoke county as we are belnE used as a holde~lbg area for all of the transets and underdesireables in the Roanoke V~lley. Why us? The S.E.A.F. believes the Rescue Mission means to do good, but this area has enough to deal with. Lets concentrate on what our problems are now, instead of adding to them. 3.) On May 20th from 1 p.m. until 4 p.m., the S.E.A.F. is holding a Fire and Police Appreciation Day. Donations are accepted. 4.) There will be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. $5.00 donation-bring your own table $10.00 donation-rents table (Rain date-- June 27th) Please join our Forum. We meet every 1st Tuesday of the month (7:30 p.m.) at 1015 Jamison Ave SE (at. the old fire house) Please respond to the issue on the Rescue Mission we need to know. If you have any concerns, please contact: RICHARD OR CHRISTINE 982-2845 343-8776 ~O APRIL 1998 Southeast News L6 er/Questionnaire Action Forum is a Neighborhood Association, part of Neighborhood Partnership. It is just a Wa~/:of Southeast residents to get together to talk about, and solve community issues. *IT IS OPEN TO THE PUBLIC* lng on in Southeast? ~,~~ Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE ~~ATF.(old f:uehouse) has recently had gutters put aa the building. ~'s talk of a new bank at the old First Union, lOCated at 9th Street and Jamison Ave. SE. ' ~gth Street Galaxy has been tom down, a CVS drug store is going to be built in its place. -~:~ Aid is being built on 13th Street SE ~~lore Park is raising money to put up markers for Tutelo Indians. ~~e Mission has obtained zoning, permitting them to build their swre there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE .F. is trying to do; Please state if you agree or disagree: S.E.A.F says that a substance abuse shelter im~ needed in this area.  isagree ' Value would go down if the shelter is bulk. ~~e~isagree area would benefit with a park for neighborhood children, not a substan~r.. ._______ffisa~ee as a Southeast resident, agree with these and. why? believes the Rescue Mission means to do good, but this area has enough to deal with. Lets aa what our problems are now, instead of adding to them. ;; ~i~:' ' $5.00 donation-bring your own hable · ' ~.join our Forum. We meet every 1 st Tu,sday · ~~old fire house) ond~ the issue on the Rescue M/ss/on we need to know. ' 20th from 1 p.m. until 4 p.m., the S.E.A.F. is holding a Fire and Police Appreciation Day. be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. our Forum. We meet every 1st Tuesday of the month (7:30 p.m.) at 1015 lamison Ave SE If you have any concerns, please contact: CHRISTINE 343-8776 APRIL 1998 Southeast News Letter/Questionnaire ' ~east action Forum i~a Neighborhood Association, part of Neighborhood Parmership. It ia just a way of Southeast residents to get together to talk about, and solve community issues. *IT IS OPEN TO THE PUBLIC* :L) What is going on in Southeast? A- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE :B- S.E.A.F.(old firehouse) has recently had gutters put on the building. - ~-- There's talk ora new bank at the old First Union, located at 9th Str~ and Jamison Ave. SE. ~ !_~ 9th Street Galaxy has been tom down, a CVS drag store is going to be built in its place. _ ~ ~.-.~lore Park is raising money to put up markers for Tutelo Indians. i~-:~i '/~ pJ~me Mission has obtained zoning, permitting them to build their store there. They also want to .~' build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE is t ng to do; Please if you ,gree or d:gree: ·~ ''"-'i'A)" lne S.E.A.F says that a substance abuse shelter im~ need6d in this area. ~ Disagree ~"?Property; ,. Value would go down if the shelter is built. ~ Disagree · {2) ~ TI~ area would bonefit with a park for neighborhood childr~, not a mbstan ~;;D) Opy~ a Southeast r~ident, am~_ or ~d~a~ith these statements and whyS, . -i~ 1 ~-_'~'r'' noli'v, es m, .cue lvns,,on me~: to d~ good, but this ar~ has .enough~to dl~,l .with. ~s- ~i~[~'Umne°a'wnat°urpr°blemsaren°w'instead°faddingtothem ~ ~ *'- ~ ' :'~' ' - m 1 p.m..u~il 4 pan., th~- .-k'~'..~.V~o~'~ec~ "?~!~ ~ ~Wffi' _bo_'.'~ _Community Yard Sale on June 20th ~ 9:00 a.m. Call 982-2M5 to reserve a sp~." '-' ' r;~ '"" $f:00 donation-bring your own table .'i~! $10.00 donation-rents table ~.~:;..:. ~ (Rain date- June 27th) ;~~ our Fbrurn. We meet every 1st Tuesday of'the month (7:30 p.m.) at 1015 Jamison Ave SE APRIL 1998 Southeast News Letter/Questionnaire The Southeast Action Forum is a Neighborhood Association, part of Neighborhood Partnership. It is just a way of Southeast residents to get together to talk about, and solve community issues. *IT IS OPEN TO THE PUBLIC* I.) What is going on in Southeast? A-- Clean Valley Day was March 28th. S.E.A.F. cleaned the City Cemetery on Tazewell Ave. SE B- S.E.A.F.(old firehouse) has recently had gutters put on the building. C- There's talk ora new bank at the old First Union, located at 9th Street and Jamison Ave. SE. D- 9th Street Galaxy has been torn down, a CVS drug store is going to be built in its place. E- Rite Aid is being built on 13th Street SE F- Explore Park is raising money to put up markers for Tutelo Indians. G- Rescue Mission has obtained zoning, permitting them to build their store there. They also want to build a substance abuse shelter for women and children on the comer of 4th Street and Dale Ave. SE 2.) What SE.A.F. is trying to do; Please state if you agree or disagree: A) The S.E.A.F says that a substance abuse shelter isnl needed in this area. A~ Disagree B) Property Value would go down if the shelter is built. ~bDisagree C) This area would benefit with a park for neighborhood children, not a substance abuse shelter.  isagree D) ~Do yo9 as a Southeast resident, agree~or disagree with these statements and why* The S.E.A.F. believes the Rescue MissiOn means to do good,t' but this area h,~s e. ntoud ,o deal with. Lets t_~_ ,c~,"'~ .~- concentrate on what our problems are now, instead of adding to them. 3.) On May 20th fi-om 1 p.m. until 4 p.m., the S.E.A.F. is holding a Fire and Police Appreciation Day. Donations are accepted. 4.) There will be a Community Yard Sale on June 20th at 9:00 a.m. Call 982-2845 to reserve a spot. $5.00 donation-bring your own table $10.00 donation-rents table (Rain date- June 27th) Please join our Forum. We meet every 1st Tuesday of the month (7:30 p.m.) at 1015 Jamison Ave SE (at the old fire house) Please respond to the issue on the Rescue Mission we need to knox:,. If you have any concerns, please contact: · RICHARD OR CHRISTINE  ~ /.~/~a ~ ~,. 982-2845 343-8776 Mission's clientele abuse neighborhood THE ALLEYS in the Southeast ' neighborhood next to the Rescue Mis- sion are being used and abused, and our children see filth in many forms. You teach your children right from wrong, but they see otherwise. Vi*hat is our choice? Put up with this abuse? Sell the homes we love? If this neighborhood doesn't want a substance-abuse shelter built here, that is what should matter -- not allthe supporters who donate money or homes. They don't live here and wit- ness what is going on. What is the Rescue Mission doing for this neighborhood? Tearing down our okier l~omes, lowering our ~operty me ~ong ton, even the city pays to pick up after th~ mission. Yes, the Rescue Mission does help many people in need, but there also are a few who are destroying our neighbor- hood. By adding this shelter, it is just adding to our problems. And it isn't fair or right that this neighborhood suffers and pays the consequences. I respect what the Rescue Mission is doing. I was homeless at one time with two small children. But this neigh- borhood needs some respect, too. CHRISTINE PROFFITT ROANOKE GFDG Fax : 540-224-8050 Jul 20 10:44 MARYBLL~N F. OOODLATTE Di~¢t Dl~l ($40) 224-I~018 ~-nwfl July 20, 1998 HAND DELIVERED Mi'. W. Robert Herbert City Manager City of Roanoke 215 Church Avenue SW Roanoke, Virginia 24011 Re: The Rescue Mission Dear Bob: We represent The Rescue Mission in connection with tis future rezoning request to permit the development and operation of the Women's Recovery Center, a twclvc- month, faith-based, residential recovery program for women suffer/n8 from substance abuse, who have children. Even though the formal rezoning process ha~ not yet begun, The Rescue Mission has been meeting with its neighbors, including the Southeast Action Forum, and City planners. Along the way, it has received much input and has made changes to its con.pt to address neighborhood concerns. In addition to many individual meetings with residcnts, bbc;Rescue M/satori hosted a neighborhood-wide meeting at its facility over a year ago, in order to share its. plans with thc communi~ and receive community comment. There have been at least two othcr~)ccasions when IheRescue Mission-met, formally, with the members of the SOutheast Action Forum. Thc.last famud.meeting:occurredin April, when I gave thc Forum an update on the Rescue Mission's plans. In addition, representatives of the Rescue Mission have been attending each scheduled meeting of the Southeast: Action Forum in order to be responsive to community concerns. GFDG Fax : $40-224-80S0 Ju! 20 10:44 (~LENi~7, F~LDMANN, ~)AI~]~¥ ~ OOODLATTE Mr. W. Robert Herbert July 20, 1998 Page 2 It is very importmu to the Rescue Mission that it listen to and accommodate its neighbors. 'l~le Mission has been part of its Southeast neighborhood for the past fifty years. As a result of neighborhood complaints about litter and debris which the Rescue Mission heard during these meetings, the Rescue Mission started a campaign over a year ago to clean-up the streets and alleys in a wide area around the Mission. Weekly, residents of the Mission and Mission volunteers spread out over a wide area, picking up neighborhood. This effort stretches way beyond the Rescue Mission property, for which it is clearly responsible, modeling good citizenship for its community. We realize that there are some who vociferously oppose any Rescue Mission expansion. We understand that Mr. Richard Nichols who is President of the Southeast Action fromm and who opposes the Rescue Mission's plans, wishes to address Council today on this issue. I%cn though there is a siffnificant number of Southeast residents who suppor~ the development of the Wom~'s Recovery Center (see, c.g, enclosed copy of article in today's Roanoke Times), we do not plan on at~cnding toniffht's Council meeting in order to present the Rescue Mission's case. Let me assure you that the Rescue Mission has been and will continue to work with City planning staff. We are not filing a rezonin_e request in Au_au,st. Instead, we'll continue to meet with City planners and with neighbors to refine the Rescue Mission's proposal and to address neighbor concerns. If you wish, I will be pleased to attend today's Council meeting and answer any questions that members of Council may have. I realize, though, that today is not the time nor the place for a discussion on the merits of any future rezoning. I do hope this letter "sets the record straight" with respect to the involvement and concern of the Rescue Mission for its neighbors. Very truly yours, Marycllen :F. Ooodlatte MP'~.3716000 cc: The Rescue Mission of Roanoke, incorporated . GFDG Fax : 540-224-8050 Jul 20 10:44 r.:ITY 3LE~i~i ~i-;'i ' · Action Forum July 14, 1998 The Honorable Mayor and Members of City Council 215 Church Avenue, SW, Room 456 Roanoke, Virginia 24011 Dear Mayor and Members of City Council: I would like to address the Mayor and City Council in an effort to get their support to help us as a community stop the expansion of the Rescue Mission as proposed on Monday, July 20a at 7:00 p.m.. UNSincerely, ~X' 1620 Kirk Avenue SE Roanoke, VA 24013 Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk July 24, 1998 File g40 Sandra H. Eakin Deputy City Clerk Louella C. Thaxton Registrar Roanoke, Virginia Dear Ms. Thaxton: I am attaching copy of Ordinance No. 33948-072098 mending and reordaining §10-78, Same - ~ Code of the City of Koanoke (1979), as amended, to relocate the polling place for the Lee-Hi Precinct from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. IArfllett, Judge, Twenty-Third Judicial Circuit of lFtrginia C:~JULY20.WPO Louella C. Thaxton July 24, 1998 Page 2 pc: The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jul/an H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate C:~JULY20.WI=D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33948-072098. AN ORDINANCE amending and reordaining § 10-78, Same - voting place, Code of the City of Roanoke (1979), as amended, to relocate the polling place for the Lee-Hi Precinct from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. WHEREAS, by Resolution, dated March 2, 1998, the Roanoke City Electoral Board has requested that the polling place for the Lee-Hi Precinct, which was formerly at Fire Station No. 4 on Aerial Way Drive, S. W., be indefinitely continued at Covenant Presbyterian Church, 1831 Deyerle Road, S. W., due to lack of convenient and accessible parking at Fire Station No. 4 and the continuing construction work on Aerial Way Drive; WHEREAS, this Council has previously provided for the temporary use of Covenant Presbyterian Church as the polling place for the Lee-Hi Precinct by Ordinance No. 33363- 050597, adopted May 5, 1997, and Ordinance No. 333563-090297, adopted September 2, 1997; WHEREAS, by letters dated July 3, 1997, and October 14, 1997, the Attorney General of the United States has previously interposed no objection to the temporary use of Covenant Presbyterian Church as the polling place for the Lee-Hi Precinct; WHEREAS, the proposed new polling place is located within the Lee-Hi Precinct and is accessible to disabled voters as required by the §24.2-310, Code of Virginia (1950), as amended; WHEREAS, there is no accessible public building which could be used as the polling place within the Lee-Hi Precinct; and WHEREAS, notice of the proposed change in polling place for the Lee-Hi Precinct has been published in a newspaper having general circulation within the precinct once a week for two consecutive weeks as required by §24.2-306.A., Code of Virginia (1950), as amended, and notice of the change in polling place for the Lee-Hi Precinct shall be mailed by the General Registrar to all registered voters within the precinct at least fifteen days prior to the next general, special or primary election as required by §24.2-306.B., Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 10-78, Same - voting place, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: § 10-78. Same - voting place. The voting place in Lee-Hi Precinct shall be established at Covenant Presbyterian Church, 1831 Deyerle Road, S. W. 2. The City Clerk is directed to forward attested copies of this Ordinance to Louella C. Thaxtort, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Lee-Hi Precinct as required by §24.1-306. B., Code of Virginia (1950), as amended. 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 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 July 9, 1998 File $~40 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing to be held on Monday, July 20, 1998, at 7:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the following matter: ' Request of the Roanoke City Electoral Board to relocate the polling place for Lee-Hi Precinct from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W. If you would like additional information prior to the public hearing, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:lo pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Gilbert E. Butler, Jr., Secretary, Electoral Board Louella C. Thaxton, Registrar Rose M. Woodford, Secretary to the City Manager N:~KLOI~IF. ARI.WPD Ad Number: 824756 ~Publisher ' s Fee: $132.60 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 07/06/98 FULL RUN - Monday 07/13/98 FULL RUN - Monday Witness, this 16th day of July 1998 NI:J~E OF PUBUC HEARING Purs,~ to §24.2-306, Code of V~ia (1950), as amend- ed, ~ Council of the City of R°a~o~e will hold a public heaOr~ on Monday, July 20, 1998= ~t 7:00 p.m., in the Cou~Chembor of the Munici- pal ~l, ding, 215 Church Ave- nue~S~V., in the said City on the .l~sed relocation of the polling place for the Lee-Hi Pre- cinct f~ Fire Station No. 4 on AedoI Way Drive, $.W., to Cov- ena~)l Presbyterian Church, 183.1hl~eyede Road, S.W. A descfll~on and m~p of the pro- pos~phonge in pulling place may. be insp~ctod at the Office of tld~ ~neral Reg~strer, Room lO~¥unicipal North, 215 Chul~"Avenue, S.W., in the said.~y. The relocaUon of the polling pl~.e for Lee-Hi Pre- cino~r~ould he effeoUve fro' the Noveml~er 3, 1998, election, and~r suoceeding general, spe~aJ pr primary eleotions. Ail p~rtles in interest and citi- zens may appeor on the above date and be heard on this GIVEN~under my hand this 6th day~uly, 1998. Maq~_~,,Pmker, City CIo~k (82~'~6) Authorized Signature NOTICE OF PUBLIC HEARING Pursuant to §24.2-306, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, July 20, 1998, at 7:00 p.m., in the Council Chamber of the Municipal Building, 215 Church Avenue, S. W., in the said City on the proposed relocation of the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. A description and map of the proposed change in polling place may be inspected at the Office of the General Registrar, Room 109, Municipal North, 215 Church Avenue, S. W., in the said City. The relocation of the polling place for Lee-Hi Precinct would be effective for the November 3, 1998, election, and for succeeding general, special or primary elections. All parties in interest and citizens may appear on the above date and be heard on this issue. GIVEN under my hand this day of July, 1998. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once on July 6, 1998, and once on July 13, 1998. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456 Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H: ~SC\N-~LOC. 3 MARY F. PARKER, CMC/AAE City Clet~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:5 Church Avenue, $.W., Room 4:56 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2:541 Fax: (540) 853-1145 June 5,1998 File 040 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board Roanoke, Virginia Dear Mr. Butler: Your communication requesting an indefinite relocation of the polling place for Lee Hi Precinct at the Covenant Presbyterian Church, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, June 1, 1998. On motion, duly seconded and unanimously adopted, Council authorized a public hearing to be held on Monday, July 20, 1998, at 7:00 p.m. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Louella C. Thaxton, Registrar H:~AGENI:)Ag~JUNEI.WPO '!' '98 l'?:? 21 ~ 3 ,.~oanoke City Electoral Board May 21, 1998 Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Honorable David Bowers, Mayor, and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 Re: Indefinite Relocation of Polling Place in Lee-Hi Precinct (City Code Sec. 10-59) Gentlemen and Ms. Wyatt: Copies are attached of Roanoke City Electoral Board's Resolution of March 2, 1998, along with a copy of the approval to use the Covenant Presbyterian Church regarding the above mentioned change for future elections. The Electoral Board had obtained previous approval on the temporary moved to Covenant Presbyterian Church. We now are asking for indefinite stay at the Covenant Presbyterian Church for future elections. This location has and will provide more accessiblity to the elderly and handicapped. The facility will also be more accommodating for our Officers of Election as well as the voters. Section 24.1-39 of the Code of Virginia requires that a notice of a proposed relocation of polling place be published in a newspaper of general circulation for two consecutive weeks and no changes can be made within 60 days next preceding any general election. The proposed change is in compliance with Section 24.1-36 and will require approval from the Department of Justice. The Electoral Board requests that City Council adopt the attached Ordinance temporarily changing the polling place for Lee-Hi Precinct to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. GEB,JR/lct. d, ~llDert E. Buyer, Jr., Secretary Roanoke City Electoral Board Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 P. O. Box 1095, Roanoke, Virginia 24005 (540) 981-2281 Fax (540) 224-3025 Roanoke City Electoral Board May 8, 1998 Chades T. Green, Chairman Frances V. Gadand, V~e Chm~ Gilbert E. Bulmer, Jr., Secretary. Covenant Presbyterian Church 1831 Deyerle Road, S.W. Roanoke, Virginia 24018 Att: Mr. Wilburn C. Dibling, Jr., Clerk of Session Dear Mr. Dibling: This letter is to confirm the use of the Fellowship Hall as Lee-~i voting precinct for any election held in the City of Roanoke indefinitely. At the beginning of each year, we will send notice to you confirming the dates of each election to be held. The notice also will give details of dates our custodians will deliver voting machines and dates of pick up. The next election to be held in the City of Roanoke will be November 3, 1998. The custodians will be delivering machines on Monday, November 2, and will pick up the machines on November 4. We will compensate the church for use of its Fellowship Hall and telephone and we will compensate the person of your choice for the opening and closing of the church. If you have any questions or if we can be of help to you, please give us a call. Thank you for your kindness and cooperation. Yo~ very truly, Albert E. B~., Secretary Roanoke City Electoral Board GEB,JR/lct. Room 109, Municipal North 215 Churcl~ Avenue, S. W, Roanc~e, Virginia 24011 P. O. Box 1095, Roanoke, Virginia 24005 (54O) 981-2281 Fax (540) 22-t-3025 'Covenant Presbyterian Church 1~1 DEYERLE ROAD. $.W. I:IQANOKE. VIRGINIA 24018 Fax (54~ April 17, 1998 Gilbert E. Butler, Sr. Secretary, Roanoke City Electoral Board P. O. Box 1095 Roanoke, VA 24005 Dear Gil: At its meeting of March 22. 1998, the Session of Covenant Presbyterian Church considered the Electoral Board's request, made by letter of February 24. 1998. that t~e Board be permitted to use the Church's Fellowship Hail as the polling place .-'or the Lee-Hi Precinct indefinitely. Upon motion dui', made. seconded and adopted, the request of the Electoral Board was approved with the condition tha~ permission may be withdrawn by the Church u~on ~wirten notice six months in advance of any etectic=. The Church looks forward to cooperating .with the Board in making our facilities available for the voters of the Lee-Hi Precinct. Very trul,~ yours, ~'ilburn C. Dibling, Jr. r'~rk .-~, of Session cc: Dus~ Fiedler Feb~lary 24, 1998 Roanoke City Electoral Boan'l Charles T. Green, ~---'~irman Frances V. Garland, Vice r'~'%airman Gilbert E. Butler, Jr., Secretary. Covenant Presbyterian Church 1831 Deyerle Road, SW. Roanoke, Virginia 24018 Attn: Clerk of Session The Electoral Board for the City of Roanoke would like to ex~end our sincere "thank you" for ~ke usa of your Fellowship Hall for r2~e November 4, 1997 General Election. We are still receiving compliments concerning yc%;r facility being welcoming a_~d convenience for the voters in tke Lee-Hi Precinct. We would like to ask, once again, for permission to allow the Lee- Hi Precincn to remain a= t~.e Covenant Presbyterian Church Fellowship Hail indefinitely. The current construction to Brandon Avenue and Aerial Way Drive area is still incomplete. ~e indefinite stay would begin wink the November 3, 1998 Gene_~-al Election, unless notificaticn of adoption of a primal! is filed with State Board of Elections. Please advise us of your decisicn in ~iting as soon as possible, as all po~ing place changes m~t be approved by Roanoke CL~ Council and the Debarment of iustice. We tha~ you for yc~ consideration and h~pe to a favo~ble reply from you soon. ~i~ert E. B Let, Jr., Secreta~~ Rc~oke City Electoral ~oard Room 109, Municipal North 215 Church Avenue, S. ',¥, Roanc,<e, Virginia 24011 P. O. Box 1095, Roa~ke, Virginia 24005 (540) 981-2281 Fax (540) 22-'-3025 RESOLUTIO_~N ROANOKE CITY ELECTORAL BOARD March Z, 1998 The Roanoke City Electoral Board met on March 2, 1998 and unanimously agreed to seek approval to allow the Lee-Hi Precinct to remain in the Covenant Presbyterian Church Fellowship hall indefinitely. A letter was drafted to send to the church Session. Temporary Change - Lee-Hi Precinct from No. 4 Fire Station to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. This change is necessary due to the continuance construction work on Aerial Way Drive and no parking area for the voters. The City Attorney will be asked to prepare notice of this proposed change and seek approval from the Department of Justice in accordance with Section 24.1-36 and 24.1-39 so voting can be held in this location for an indefinitely periold for all elections. G1 ert E. Buffer, Jr., Secre=ary 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. PRESENTATIONS Presentation of a Proclamation declaring August 4, 1998 as "National Night Out". File 03 Presentation in appreciation of the City's support of the American Cancer Society's Relay for Life. Lucy Walton, Co-Chair. File #80-132 o CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the Pubhc Interview of School Board candidates held on Thursday, April 23, 1998; and Special Meetings of City Council held on Thursday, April 30, 1998. RECOMMENDED ACTION: Dispense with the reading thereof and approve File #132 as recorded. C-2 A communication fi:om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132 Executive Session. C-3 Qualification of the following persons: Sherlie S. Doherty as a member of the Commission for a term ending June 30, 2001; File #15-110-230 Roanoke Arts Jerry W. Caldwell as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2000; and File #15=110-316 E. Douglas Chittum as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002. File #15-110-429 RECOMMENDED ACTION: Receive and file. 4 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao An Annual Report of the-Roanoke Valley Greenways Commission. Elizabeth Belcher, Greenways Coordinator, and Lucy R. Ellett, Roanoke City Representative. (10 minutes) Received and filed. The City Manager was requested to provide an update on greenway development in the City of Roanoke. File #379 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. 33933-072098. (7-0) Council Member White expressed concern with regard to exterior maintenance of certain school buildings; whereupon, William L. Murray, Director of Business Services, Roanoke City Public Schools, advised that he would share the concerns with the Superintendent of Schools. Council Member Swain requested information on the City's Alternative Education Program, and suggested that two or three students from the Alternative Education Program be selected at random to provide Council with their views on the program. 5 Inasmuch as City Council and the Roanoke City School Board will hold a joint meeting on Monday, August 17, the Mayor requested that the following items be included on the agenda for discussion: -interior and exterior maintenance of school buildings, -Alternative Education Program, and-maintenance of school equipment. File #60-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of an agreement with the Roanoke Redevelopment and Homing Authority for the 1998-99 HOME Investment Partnerships Program. Adopted Resolution No. 33934-072098. (7-0) File #178-236 A report recommending executi°n of an agreement between the City, Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for the City of Roanoke Mounted Patrol Unit. Adopted Resolution No. 33935-072098. (6-0) (Council Member White was out of the Council Chamber) File 05-277 A report recommending that the City of Roanoke be designated as temporary fiscal agent for the Roanoke Higher Education Authority. Adopted Resolution No. 33936-072098. (7-0) The Director of Finance was authorized to serve as temporary Treasurer and the City Attorney was authorized to serve as temporary Attorney for the Roanoke Higher Education Authority. It was the consensus of Council that the Director of Finance will prepare a list of in-kind City contributions of legal and f'mancial services provided to the Roanoke Higher Education Authority. Council Member Swain requested specific information on the Roanoke Higher Education Authority, viz: membership, localities represented, etc. File #414 A report recommending execution of a contract with Hayes, Seay, Mattem and Mattem, Inc., for engineering design of the Garden City Phase 3 Drainage Project; and appropriation of funds in connection therewith. Adopted Ordinance No. 33937-072098 and Resolution Nos. 33938-072098 and 33939-072098. (7-0) File #27-60-405-468 A report recommending acceptance of the lowest responsible bids submitted for supplying water and waste water treatment chemicals for fiscal year 1998-99. Adopted Resolution No. 33940-072098. (7-0) File #60-468-472 7 A report recommending execution of an application for funding, ha the mount of $141,964.00, through the Local Law Enforcement Block Grant Program. Adopted Resolution No. 33941-072098. (7-0) File #5-60-236 A report recommending acceptance of a grant award fi:om the U. S. Department of Agriculture and execution of necessary agreements for the 1998 Vir~nia Summer Food Service Program; and appropriation of funds ha connection therewith. Adopted Ordinance No. 33942-072098 and Resolution No. 33943-072098. (7-0) File #60-236-304-467 A report recommending execution of a contract with the Virginia Department of Social Services to provide Child Care Provider Training through the Virginia Institute for Social Services Training Center (VISSTA), Piedmont Area Training Center; and appropriation of funds ha connection therewith. Adopted Ordinance No. 33944-072098 and Resolution No. 33945-072098. (7-0) File #60-72 b. CITY ATTORNEY: A report with regard to appointment of an additional full-time Assistant City Attorney. Received and fled. File #83-184 8 0 REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending award of a contract to PNC Corporation, in the amount of $98,711.00, for replacement of wood windows in the Commonwealth Building, 210 West Church Avenue; and appropriation of fimds in connection therewith. Council Member Carroll E. Swain, Chairperson. Adopted Ordinance No. 3:5946-072098. (7-0) File #60-166-524 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution memorializing the late Samuel G. Oakey, II. Adopted Resolution No. 33947-072098. (7-0) File #80-367 bo Ordinance No. 33907, on second reading, authorizing the proper City officials to enter into a Lease Agreement between the City and Virginia PCS Alliance, L.C., a Vk~t~nia Limited Liability Company, for use of the Grandin Court Elevated Water Tank No. 1 and site located at the dead end of Creston Avenue, S. W., for the placement, operation, and maintenance of Personal Communication System antennas and related equipment, upon certain terms and conditions. Adopted Ordinance No. 3:}907-072098 on second reading. (7-0) File #383-468 Co Ordinance No. 33925, on second reading, authorizing the donation and conveyance of an easement across City-owned property iden6fied by Official Tax No. 4220316, located at the comer of Jamison Avenue and 14th Street, S. E., to Appalachian Power Company, upon certain terms and conditions. Adopted Ordinance No. 33925-072098 on second reading. (7-0) File #28-29-166-468 do Ordinance No. 33928, on second reading, authorizing the donation and conveyance of an easement across City-owned property at the Roanoke Centre for Industry and Technology to Appalachian Power Company, upon certain terms and conditions. Adopted Ordinance No. 33928-072098 on second reading. (7-0) File #28-29-166-207-468 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Hudson inquired about the time table for repaving certain City streets; whereupon, the Mayor requested that the City Manager meet with Mr. Hudson to discuss the matter. File #57 l0 Council Member Swain requested a status report on the following items: removal of junk vehicles, removal of dilapidated structures, weed control, removal of discarded items from rental properties such as refrigerators, tires, etc., City's tree planting program, cost to the City of collecting litter, removal of homeless persons from City streets and; illegal housing of domestic animals. The Mayor requested that the City Manager, or his representative, meet with Mr. Swain to address his concerns. File #51-54-67-72-144-183 Council Member Trout expressed concern with regard to the selection process used by the Roanoke Redevelopment and Housing Authority to hire a new Development Director. The Mayor was requested to meet with Council Member Trout, Council's Liaison to the Roanoke Redevelopment and Housing Authority, Willis M. Anderson, Chair, Roanoke Redevelopment and Housing Authority, and John T. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, to discuss ways of improving communications. File #178 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Residents appeared before Council in opposition to a proposal of Habitat for Humanity in the Roanoke Valley to construct approximately 34 houses in the Westview Terrace section of the City. Residents expressed concern that they did not receive timely notification of the project, devaluation of existing property in the area and, and proposed Habitat houses will not be compatible with other houses in the neighborhood. The matter was referred to the City Manager and the City Attorney for report to Council on Monday, August 3, as follows: The City Attorney was requested to determine the City's legal involvement, if any. The City Manager was requested to facilitate discussions between Westview Terrace representatives and representatives of Habitat for Humanity for the Roanoke Valley. Habitat for Humanity was requested to stop construction on the site during the interim time period. File #399 CERTIFICATION OF EXECUTIVE SESSION: (6=0) (Vice-Mayor Harris left the meeting prior to the Executive Session.) 12 Harriet Lewis was appointed to the Virginia Western Community College Board of Directors for a term ending June 30, 2002. File #15-110-467 Helen J. HaH was appointed to the League of Older Americans Advisory Committee for a term ending February 28, 1998. File #110-243 At 5:45 p.m., the meeting was declared in recess until 7:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION July 20, 1998 7:00p. m. CITY CO UNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order =- Roll Call. Vice Mayor Harris was absent The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. Residents of the Westview Terrace neighborhood were in attendance with regard to the proposed construction by Habitat for Humanity in the Roanoke Valley of 34 houses in their neighborhood; whereupon, the Mayor reviewed the action taken by Council at its 2:00 p.m. session. (See page 11) File #399 14 A® Be Ce HEARING OF CITIZENS: Request to address Council with regard to the proposed expansion of the Rescue Mission of Roanoke, Inc. Richard Nichols, President, Southeast Action Forum. (10 minutes) Received and filed. File #51 PUBLIC HEARINGS: Public hearing on the request of the Roanoke City Electoral Board to relocate the polling place for Lee-Hi Precinct from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W. Gilbert E. Butler, Jr., Secretary, Electoral Board. Adopted Ordinance No. 33948-072098. (60) (Vice-Mayor Harris was absent) File #40 OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. 15 '98 JUL 16 P3:19 July 20, 1998 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council. Subject' Briefing - Prisoner Work Program Please reserve space on your 12'15 p.m., agenda for a briefing by Sheriff George M. McMillan regarding the above subject. Sincerely, eft Herbert City Manager WRH:JDR'pr CC' City Attorney Di rector of Finance CITY OF ROANOKE Given under our hands and the Seal of the City of Roanoke this twentieth day of July nineteen hundred and ninety-eight. I~-IEREAS, the National Association of Town Watch (NA TIrO will sponsor a nationwide crime, drug, and violence prevention program on August 4, 1998, called "National Night Out"; and WHEREAS, the "15t* Annual National Night Out"provides an opportunity for Roanoke City to join 'forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and the City's Neighborhood Watch and Neighborhood Partnership organizations play a vital role in assisting the Roanoke City Police Department through joint crime, drug, and violence prevention efforts in Roanoke City and will support "National Night Out 1998" locally; and it is essential that aH citizens of Roanoke City be aware of the importance of crime prevention programs and the impact of their participation on reducing crime, drugs, and violence; and WHEREAS, police-communitypartnerships, ne ighborhoodsafety, awareness and cooperation are important themes of the "National Night Out" program. NOI~, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Tuesday, August 4, 1998, throughout this great All-America City as, "NATIONAL NIGHT OUT". Mary F. Parker City Clerk David A. Bowers Mayor 07/09/98 03:13 F~ 5403452361 A]E~RICA~ CANC£R ~002 July 9, 1998 Ms. Mary Parker, City Clerk City of Roanoke Dear Ms. Parker: In an effort to express our gmtitud~ to the City of Roanoke for its support oft. be American Cancer Society's Relay For Life, we would like to present the City with a small token of our appreciation. Lucy and Gary Walton, 1998 Relay for Life Chair-Couple wo~ld like to present this gi~ on the Jtdy 20, 1998 City 'Council Meeting at 2:00 P. M. I hope that this would fit in the schedule for that meeting, as our presentation would be only five minutes or less. Please confum to led Smith, Community Specialist with the American Cancer Society, 344-8699. We appreciate your support and thfs oppornmity_ Sincerely, ,/~ ,, ~'eri Smith Community Specialist 9 EAST CHUI~CH AVE. - P.O. BOX 554, ROANOKE, VIRGINIA 24003-0554 - TELEPHONE (,540) 344-8699 - FAX (540) 34,.~-,~3~ 1 JUL-09-1998 16:16 540~45~1 9~ P. 82 COUNCIL .... PUBLIC INTERVIEWS OF SCHOOL BOARD APPLICANTS April 23, 1998 6:00 p.m. The Council of the City of Roanoke held public interviews with five candidates for the position of School Board Trustee on Thursday, April 23, 1998, at 6:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding. PRESENT: Council Members C. Nelson Harris (left the meeting at 6:40 p.m.), John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., and Mayor David A. Bowers .................................................................................. 6. ABSENT: Vice-Mayor Linda F. Wyatt ....................................................... 1. OFFICERS PRESENT: Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. SCHOOLS: The Mayor advised that on June 30, 1998, the terms of office of Harry F. Davis and Melinda J. Payne as Trustees of the Roanoke City School Board will expire, and the purpose of the meeting is to interview five candidates for the upcoming vacancies. The Mayor called attention to the following actions which were taken by Council, pursuant to provisions of Chapter 9, Education, Code of the City of Roanoke (1979), as amended: At regular meetings of the City Council held on January 20 and February 2, 1998, Council announced its intention to elect Trustees of the Roanoke City School Board for three year terms commencing July 1, 1998 and ending June 30, 2001. Advertisements were placed in The Roanoke Times and in the Roanoke Tribune inviting applications for the upcoming vacancies. Five applications were received in the City Clerk's Office prior to the deadline on Tuesday, March 10, 1998, at 5:00 p.m. On March 16, 1998, at 6:00 p.m., Council held a reception with the candidates which was open to the public. On March 16, 1998, at 7:00 p.m., Council, as a Committee of the Whole, reviewed and considered all applications. At the regular meeting of City Council on Monday, April 6, 1998, at 2:00 p.m., Council voted to interview David W. Davis, Harry F. Davis, Daniel G. Oakey, Melinda J. Payne and Ruth C. Willson. A notice was published in The Roanoke Times on Thursday, April 9, 1998, inviting attendance at a public hearing to be held by City Council on Monday, April 20, 1998, at 7:00 p.m., to receive the views of citizens regarding School Board applicants, and further inviting the public to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office by 5:00 p.m., on Thursday, April 16, 1998; however, no questions were submitted. The Mayor explained that the selection process provides that Council will publicly interview each candidate separately and out of the presence and hearing of the other candidates; and Section 9-21, Public Interview of Candidates., of the Code of the City of Roanoke (1979), as amended, provides, in part, that interviews of the candidates shall take place in an order deemed appropriate by City Council; whereupon, the Mayor advised that the City Clerk had scheduled interviews in the following order: 6:00 p.m. - Daniel G. Oakey 6:30 p.m. - David W. Davis 7:00 p.m. - Harry F. Davis 7:30 p.m. - Melinda J. Payne 8:00 p.m. - Ruth C. Willson Mayor Bowers pointed out that each candidate would be given the opportunity to make an opening statement of not more than five minutes, and thereafter, Council would ask such questions, as Council, in its discretion, deems advisable. He explained that five interviews would be held and each interview would consist of approximately 30 minutes, and after each interview was completed, the candidate could leave the Council Chamber inasmuch as no action would be taken by Council on this date. He further noted that all interviews would be taped by Roanoke Valley Television, RVTV Channel 3, to be televised on April 24, 1998, at 2:00 p.m., and 7:00 p.m., April 27, 1998, at 8:00 p.m., and May 4, 1998, at 8:00 p.m. 2 In conclusion, the Mayor advised that on Monday, May 11, 1998, at 2:00 p.m., or as soon thereafter as the matter may be considered, the Council will hold an election to fill the two vacancies on the Roanoke City School Board for terms commencing July 1, 1998, and ending June 30, 2001. The first person to be interviewed was Daniel G. "Bud" Oakey. Mr. Oakey advised that he is applying for the position of School Board Trustee because of his interest in his five children who are currently enrolled in five different Roanoke City Schools. He stated that he moved back to Roanoke in 1988, having moved away 15 years previously in order to obtain job experience, with the goal of returning to Roanoke. He added that he would like for his children to have career opportunities that would allow them to remain in the Roanoke Valley. He stated that Roanoke's educational infrastructure is one of the most important economic development assets of the City, and without that educational infrastructure, the City will fail. He further stated that it is important to understand that Roanoke's children are the customers for the product that the City is selling, which is an education that will allow Roanoke's children to move forward in life in a productive fashion through meaningful employment with growth opportunities. He advised that it is important to ensure that students learn and retain what they learn, and that they not only stay in school but that they gain the knowledge that will be necessary to compete in a global economy. He explained that Roanoke City has expensive and valuable resources in its school system and those resources need to be used to their highest level. He suggested that school facilities be evaluated to determine where they fit into the continuing education mix because they could provide a location for special tutoring needs or continuing education courses, and that a neighborhood education program be developed that addresses how schools may be used in non-traditional ways. He added that a great deal of time is spent in communities discussing neighborhood revitalization, and an excellent way to strengthen Roanoke is to make the schools the central point of the neighborhood. He stated that if the Roanoke community is to continue to grow, its focus must be on its children. Council Member Harris asked the followinq question: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Mr. Oakey advised that being the parent of five children gives him a unique perspective on the needs of children. He stated that what uniquely sets him apart from the field of candidates is that because of his profession, he has the opportunity to promote the Roanoke region, especially from an economic development 3 standpoint, and his position has afforded him the opportunity to understand what is expected of the school system in preparing the children whether they are graduating from high school and going to work, or attending a vocational technical program, or a community college, or a state college or university. He stated that businesses are looking for students who are better prepared in reading, writing and arithmetic skills, who are computer literate, etc. He added that there is a strong need for trades skills, such as plumbers and electricians, etc. Because of his job experience, he stated that he will bring a resource to the position of School Trustee that will help the School Board to make better policy decisions and help students to be more competitive. He added that there is not enough of that broader experience or background currently existing on the School Board. Mr. Parrott asked the followin~l question: As a member of the School Board, how would you address the discipline situation? By being a parent, Mr. Oakey responded that he has learned that children respond to discipline, but a discipline program must be consistent and fair. He explained that parents of Roanoke City School students are requested to sign an agreement with the school system and to follow certain guidelines, however, it is critical that teachers enforce those guidelines fairly and consistently in order for them to work. He stated that he does not believe that a disruptive student should be in the classroom, but should be removed quickly and informed that they will not be allowed to return to class that day. He added that Roanoke does not have a large number of problem students, but the disruptive child must understand what the expectation is, that the problem will not be tolerated, and teachers, principals and administrators must administer the discipline program fairly, effectively and consistently. Council Member Swain asked the followincj questions: Accountability as defined by some persons in the field of education is an exercise to place the blame on teachers for all of the shortcomings in the school system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the school system? Mr. Oakey advised that accountability comes back to the parents, and parents cannot say that it is the fault of the teacher when a child gets out of line. He stated that the School Board is beginning to review improvements to the accountability system, whether it be grades or disciplinary problems, but programs also need to be developed that will bring people together. He added that he believes in certain total quality management principles, but in total quality management, persons 4 perform to expectations, and if a plan does not work, the expectation might not have been made clear. He explained that one of the problems in the school system is that expectations are not clear as far as what is expected of the students, and when those expectations are clearly documented, the accountable figure can be held responsible. Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Oakey advised that the alternative education program is not achieving successful results because Roanoke's reading scores are in the 27 per cent tile, math scores are in the 17 per cent tile, and language scores are in the 22 per cent tile which is not good enough, therefor, the alternative education program houses students for the day and student test scores reflect that. He explained that the abovelisted test scores are included on the Internet for all to see and anyone who looks at the Roanoke community as a prospective new business location will be influenced by the Iow test scores. He stated that something needs to be done to be proactive through an audit of current programs, by identifying what is and what is not working, and by reviewing successful programs of other localities in an effort to model Roanoke's programs after those programs. Mr. Trout asked the followincj question: As a School Board Trustee, how would you improve parental and community involvement in the School system? Mr. Oakey advised that some parents will not be involved regardless of the situation, but there are success stories all across the country where teachers have had an influence on children. He stated that the School system is working with the YMCA on the After Care Program which should be initiated in every elementary, middle and high school that will enable the child to receive tutorial help or participate in a sports program. He advised that programs should be developed that can be underwritten, by users, such as the gymnasium at Breckinridge Middle School, and revenues generated from those programs could be used to help offset the cost of additional programs. He stated that it is a known fact that most of the crime committed by teenagers occurs between the hours of 3:00 p.m. and 5:00 p.m., when they are not in school, and parents are not at home and if a school-type environment could be provided during those hours, the situation might be improved. He noted that Roanoke has a good infrastructure system that could be better utilized. He advised that some of the parents need to be given pride in order to move ahead, with an established plan and goal to reach the desired objective. Mr. White asked the following question: What do you perceive as the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Mr. Oakey advised that the major strength of the school system is the students, followed by teachers and administrators, but they must be given the necessary resources in order to move forward. He stated that if the students are provided with the necessary resources to compete and the teachers are provided with the necessary tools, the students will excel because the school system is selling knowledge to children to compete in the real world. He added that a significant weakness is that school officials have stated that the drop-out rate will be improved, but they have not stated a specific goal. The Mayor asked the followinq question: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Oakey advised that he has worked closely with Dr. Harris and in doing so has found him to be open to those things that he might not wish to hear which is a positive trait. He stated that as a member of the School Board, he would work closely with other members of the Board to develop a long range vision for implementation by the Superintendent. He added that people perform to expectations and if the expectations are not clear, performance results will not be desirable. He advised that the School Board must insure that it is providing Dr. Harris with clear expectations and he would expect those expectations to be far reaching and long term. He stated that he found it difficult to find. too many faults with Dr. Harris because he has been an asset to the School system and he has been accessible to everyone involved. The second person to be interviewed was David W. Davis. Mr. Davis advised that he feels a sense of duty to the School system of the City of Roanoke since he will have a child enrolled in the system in approximately four years. He expressed concern about the lack of communication between the School Board and School administrators and teachers, because communication must be the key for the school system to work. He stated that the School Board needs to meet with the teachers, teachers need to meet with parents, and parents need to meet with City Council, and if these communications are not occurring, the correct information is not being disseminated. He advised that he would not come to the position with a political agenda, but with a desire to improve communications and he would like to have the opportunity to help improve Roanoke's School system. Council Member Harris asked the following_ ~_uestion: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Mr. Davis advised that he is a product of the Roanoke City School system from kindergarten to grade 12. He stated that he received a good education from the School system and he could relate his experiences to present day experiences in an effort to bridge the gap between students, School Board, parents, teachers and administrators. Council Member Harris left the meeting at 6:40 p.m. Council Member Parrott asked the followinq question: As a member of the School Board, how would you address the discipline situation? Mr. Davis advised that there have always been disruptive students in the School system, which is one of the issues that teachers have to be trained to handle; however, drugs, gangs, etc., have no place in the schools and the School system should deal appropriately with those issues. He stated that children can be rehabilitated and educated, with the goal of improving their individual situations. He added that it would be his goal to initiate a plan of action to educate the disruptive child by taking him out of the normal classroom, rehabilitating him, and reintroducing him to the classroom. Council Member Swain asked the followinq questions: Accountability as defined by some persons in the field of education is an exercise of placing the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Mr. Davis advised that everyone is responsible -- parents, teachers, administrators, School Board, City Council and the community, and no one can be completely to blame if the system fails the student by not giving them the proper education. He stated that he did not believe that any one particular party should be held responsible, and if there are children who are failing, it is due to the shortcomings of all parties and those persons should work as a unit to address the problem. 7 Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Davis advised that a student will not learn if he does not have the desire to learn, so the key is to determine what the student is interested in, and when they have reached the point where everything else has failed, new ideas in education should be initiated. He stated that at that point, alternative delivery methods for educating should be investigated and once the learning process begins, it will be contagious and students will want to learn more. Mr. Trout asked the followinq question: As a School Board Trustee, how would you improve parental and community involvement in the School system? Mr. Davis advised that First Union National Bank provides parents with four hours per month of paid leave time to participate in the education of their children and he wished more companies could offer that opportunity. He stated that those parents who participate in school activities have served a useful purpose, and for those parents who do not participate, the School system should stress the importance of education to not only the child, but to the parent and the community as a whole. Council Member White asked the followin~l question: What do you perceive to be the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Mr. Davis advised that the major strength of the School system is its teachers and improving their salaries to the national average. He stated that he would ask the teachers to be more involved in the lives of students, by encouraging parental involvement in the classroom and participation in parent/teacher conferences. He added that it is important to determine why there is a high absenteeism rate and those questions should be raised with the parents. He stated that another weakness is the lack of communication between all levels of the School system and the apparent in-fighting that exists, with finger pointing that has no cause for what needs to be achieved. He advised that he would place an emphasis on the need for allowing students to have more input into the education process, which, in turn, would generate more interest in learning. The Mayor asked the followinp auestion: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Davis advised that the Superintendent has performed adequately with what he has had to work with, but communication between teachers and parents should be improved. He stated that the Superintendent has had communications with the School Board, but the School Board has been too accepting of his statements. He advised that School Board Trustees should not be "yes" men and women, because their purpose is to investigate what is going on in the School system, and if there are questions or concerns, they should be addressed in an open and approachable manner. The third r~erson to be interviewed was Harry F. Davis. Mr. Davis expressed appreciation to Council for allowing him to serve on the School Board for the past two years. He advised that the City's future rests with the children; therefor, education is vitally important. He stated that if the Roanoke Valley is to grow into the next century, the City must have an educated population, and Roanoke will be unable to attract new businesses if it does not have the proper workforce. He further stated that it is also important for student test scores to improve. He explained that if reappointed to the School Board, he has several concerns, one of which is vocational education, because the School system is not doing enough in that area. He also expressed concern with regard to the alternative education program, and advised that if the School system looses one child, that is one child too many; however, there is a slight possibility that that child will be a good citizen, but in reality, it is known that the odds are against the child. He stated that he has not completed his task on the School Board and he would like the opportunity to serve another term. He further stated that as a School Board Trustee, he has requested and required strict financial accountability because the day will come when the School Board will ask Council for more money, and, as one member of the School Board, he would not want to ask Council for more funds unless he is convinced that all funds have been spent to the absolute maximum. As a School Board Trustee, he stated that he saved the taxpayers of the City of Roanoke $25,000.00 last year, and he was instrumental in earning over $100,000.00 in investments for the School system this year. On behalf of Council Member Harris, Mr. Parrott asked the followin~l question: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? 9 Mr. Davis advised that he would bring an accounting background to the School Board since he has devoted the majority of his career to accounting, data processing, and investments. Council Member Parrott asked the following question: As a member of the School Board, how would you address the discipline situation? Mr. Davis advised that Roanoke City must recognize that it has a discipline problem, although there is no school system in the state that does not have discipline problems. He called attention to a law passed by the General Assembly that teachers should have more input as to when the disruptive child is asked to leave the classroom and when that child may return. From the School Board point of view, he advised that teachers, principals and administrators need to be better educated in classroom management, because discipline must be administered consistently every day. Council Member Swain asked the following questions: Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Mr. Davis advised that there must be discipline in the schools and it must be addressed by the community, parents, and the School Board. He stated that some students in the alternative education program are there because they have a discipline problem, but some students are there because they are unable to function within the same realms as other students. He noted that alternative education programs for middle school and high school students should be located at different sites with enforcement of rigorous programs and strict rules such as the way a student dresses and conducts himself. He added that instead of each school having its own in-school suspension program, there should be one location with transportation provided by the School system. Accountability as defined by some persons in the field of education is an exercise of placing the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Mr. Davis advised that it is unfair that teachers receive all of the blame, because accountability must come from the top. He stated that Roanoke City has some of the finest teachers in the Roanoke Valley, and it is unfortunate that teachers sometimes serve as the scapegoat. 10 Council Member Trout asked the following ~_uestion: As a School Board Trustee, how would you improve parental and community involvement in the School system? Mr. Davis advised that it may be necessary to educate the parents because approximately 30 per cent of the people in the Roanoke Valley cannot read or write beyond the third grade. He called attention to the need to identify areas where the parents may be weak, and endorse partnerships with groups such as Literacy Volunteers. He stated that parents should be encouraged to attend Parent-Teacher meetings, conferences, planned activities, and child care at such activities could be offered as an additional incentive. Council Member White asked the followincj question: What do you perceive to be the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Mr. Davis advised that one of the strengths of the School system is classroom technology, and called attention to a strong technical preparation program which enables a student to take the necessary courses while taking vocational education classes. He noted that the business community has been invited to provide input as to their requirements so that a program can be developed to support the needs of the business community. He stated that a weakness of the School system is in vocational education because not every student will go to college. The Mayor asked the followin~l question: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Mr. Davis advised that as an educator, Dr. Harris is very knowledgeable. He stated that the one criticism he has had of the Superintendent is that he should question what he is told rather than accept the information as presented. He advised that persons are appointed to the School Board because they have certain expertise and School administrators should draw on that expertise, which does not always take place with the current School administration. 11 The fourth person to be interviewed was Melinda J. Payne. Ms. Payne advised that she is a life-long resident of the Roanoke Valley, and she is seeking another term on the School Board because she cares about the children of Roanoke and she has gained valuable experience and knowledge about the School system during the past three years. She stated that in addition to her three years of learning, she has a desire to continue to learn, and to continue to apply her knowledge to making the School system even better. She added that over the past three years, she has displayed qualities that are beneficial to the School system -- she is fair minded, positive, willing to learn, willing to work hard, and has no fear of asking difficult questions when they need to be raised. She stated that she sees every challenge as an opportunity for improvement and the School system has experienced some challenges this year. She added that Roanoke has an excellent system of education and she is proud of what the School system has accomplished. She explained that with Council's support, the School Board has modernized seven elementary schools and with the coming school year, the final phase of the middle school renovation plan will begin. She stated that one of the greatest challenges facing all schools in the Commonwealth of Virginia now and in the future is the new standards of learning accreditation and the most difficult challenge will be to fully inform the citizenry of the intricacies of these new standards. She added that she is familiar with the standards of learning and what it will take to insure that Roanoke's system is successful. She stated that as a School Board member who has been involved in the initial unveiling of these new standards of learning, she would like to be afforded the opportunity to see the system move forward. She advised that she is proud of the work of the School Board, including raising teacher salaries to the national average and, as a School Board member, her first priority is to provide the best possible education for Roanoke's students. She requested that Council afford her the opportunity to continue to serve the students of the Roanoke City School System. Council Member Swain asked the followincj questions: Accountability as defined by some persons in the field of education is an exercise of placing the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Ms. Payne advised that teachers bear the brunt of a great deal of the pressures and teachers are blamed in some instances with the results of student test scores; however, she pointed out that the blame should start at the top. As a School Board member, she stated that she must ask, what is the administration doing, because ultimately the buck stops at the top, and it is the responsibility of administrators at the top to turn the situation around and to let teachers know what 12 they expect and when there are shortcomings or a need for improvement teachers should be advised accordingly. She stated that the School Board has tried to find ways to let teachers know what is expected of them and the School Board has requested that School administrators help teachers to understand their roles and responsibilities. Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Ms. Payne advised that there are persons who make blanket accusations when they do not know the truth, and perception is reality for some people. She expressed concern about the perception of some people about the programs at the Noel C. Taylor Learning Academy. She also expressed concern about the number of people of color who are enrolled at the Noel C. Taylor Learning Academy. She stated that good programs do exist, the program is staffed by teachers who care, there may be some programs that are perceived to be of little use to students, but when the good is weighed against the bad, the goal of the program is to provide children with a road that will get them back on the straight and narrow. Council Member Trout asked the following question: As a School Board Trustee, how would you improve parental and community involvement in the School system? Ms. Payne called attention to the need to educate parents. She stated that the Breckinridge Fitness Center has been a good concept because it has brought people back into the community and that concept is being expanded to Woodrow Wilson Middle School. She stated that there were 8000 volunteers in the schools last year and a program that will let parents know that the schools are accessible to them will help improve parental involvement. Council Member White asked the followinq question: What do you perceive to be the major strengths and the major weaknesses of the School system, and, if reappointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Ms. Payne advised that one of the greatest strengths of Roanoke's School system is its programs which total 48 distinctive offerings that cause Roanoke City to be marketable with students from all over the Roanoke Valley. She stated that Roanoke City Schools have good and effective teachers who know what they are doing, who care about the children and want them to succeed which should be the 13 goal of every classroom teacher. She stated that everyone wants to be paid appropriately for their services, and Roanoke City has reached that level, and it is now time for teachers to focus on those kinds of things that should be addressed. She added that a weakness is in Iow students test scores, and something should be done to prepare teachers to work with students to help insure successful test score results. She added that the failure rate is approximately 20 per cent in the School system, which is one of the greatest challenges facing the School Board and the School administration. On behalf of Council Member Harris, Mr. Parrot asked the following question: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Ms. Payne advised that she has the ability to listen actively. She stated that she has her personal convictions and beliefs, but she prefers to listen to all of the information and then make her decision in the best interest of the majority. Council Member Parrot asked the following question: As a member of the School Board, how would you address the discipline situation? Ms. Payne called attention to the seriousness of discipline issues and advised that at the beginning of each school year students are furnished with the standards of behavior and school assemblies are held impressing the need for all students to understand what constitutes expulsion from Roanoke City Schools. She stated that the School Board is firm and consistent in its policy of not tolerating guns, drugs and assaults on students and teachers. She added that a discipline committee has been appointed as a result of teacher concerns and the need to help people understand what constitutes discipline issues and a report is proposed to be submitted in June. The Mayor asked the following question: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Ms. Payne advised that Dr. Harris has the ability to work well with his administrative staff, the staff knows what is expected of Dr. Harris and they know what he would like to accomplish. She stated that some teachers believe that 14 Dr. Harris is not as approachable as he should be and the School Board has discussed the matter with him. She added that Dr. Harris is very strong in the community and attends numerous community functions. She advised that his greatest asset is his role as a public relations person, and he has been working on opening the lines of communication between himself and teachers. She stated that Dr. Harris has been receptive to addressing problems in a timely fashion, and he keeps the School Board well informed of School-related matters. She advised that Dr. Harris' greatest asset is his community orientation, he makes numerous public appearances on behalf of the schools, he initiates new programs, and he tries to provide diversity throughout the School system by insuring that theirs is a good mix at all levels. The fifth r)erson to be interviewed was Ruth C. Willson. Ms. Willson advised that her experience, dedication and commitment to public education, the School system, the community and the City would be an asset to the Roanoke City Public Schools. She stated that she has worked to develop public interest and support of the goals of the School Board and she was instrumental in promoting the 1997 Capital Improvement Bond Issue as Chairperson of the Advantage Roanoke Committee through the Roanoke Regional Chamber of Commerce. She advised that she has been accessible because she believes in the value of public education. Mr. Trout asked the followincj question: As a School Board Trustee, how would you improve parental and community involvement in the School system? Ms. Willson advised that both parental involvement and community involvement will be important in improving the success of Roanoke's schools. She stated that any type of interaction between the parent and the child is called parental involvement, therefor, the first teacher that a child has is his parent, and the School system needs to have children with not only self-esteem but self-discipline. She called attention to the need for improvement in communication which should be moms frequent and two-way, and telephone calls should be returned promptly both by teachers and parents. She explained that a way to improve the communication process would be through implementation of "Take Home Tuesday", on a City-wide basis, which is a program whereby parents could expect to receive communications from the schools or the classroom teacher, or graded homework, or test results on each Tuesday. She stated that the best school attendance is on "Back to School Night", and perhaps a system-wide "Back to School Night" could be held every nine weeks which would give teachers an opportunity to talk with parents and to review classroom activities during the previous nine weeks as well as plans for the 15 upcoming nine weeks, to showcase scholastic achievements, or to share parenting tips. She explained that schools need to be community centers such as the Breckinridge Fitness Center. She stated that Roanoke City has over 100 business partnerships, however, Roanoke City Schools should be marketed to other groups, such as retired persons representing various sectors of the community and retired teachers, and the seniors program should be expanded. She noted that with the business partnerships, there should be a focus on improving reading skills. Mr. White asked the following question: What do you perceive as the major strengths and the major weaknesses of the School system, and, if appointed to the School Board, what would you do to amplify the strengths and to reduce the weaknesses? Ms. Willson advised that the Roanoke City School technology program has won both nationwide and statewide awards. She stated that the ratio for student use of computers has been reduced to one to five in the classroom and it should be realized that computers are a tool. She advised that a weakness is in Iow student test scores, and as the School system implements the standards of learning, student achievement test scores should be improved through a new reading program which is critical to promoting success. She called attention to an early education program for three and four year old children which the child to read when they go to kindergarten. She referred to the need to work with teachers to insure that professional development is an ongoing evaluation in reviewing the techniques that work with students. She stated that it is the primary responsibility of the School Board to insure that policies are executed. On behalf of Council Member Harris, Mr. Parrot asked the following question: Given the current membership of the Roanoke City School Board and given the other applicants who have applied for a position on the School Board, what would you bring to the table that would be unique and would allow you to have a different perspective? Ms. Willson advised that being a parent is an important consideration. She stated that a balanced School Board is needed and her involvement in the schools on various committees has given her a wide variety of experience that could be helpful. She added that her work with the capital bond issue has given her a great appreciation of the needs of the City, and as the School Board works with the City on budget issues, her previous experience will provide an understanding of the task that Council faces as it makes budget decisions and as the School Board presents a budget to Council that is balanced and fully funded. 16 Mr. Parrot asked the followin_~ ~_uestion: As a member of the School Board, how would you address the discipline situation? Ms. Willson advised that every student and every teacher deserves to have an educational atmosphere that is respectful, free of drugs, weapons and violence, and she would support the administrative staff and teachers if they implement the Roanoke City School Board discipline policy. She stated that parents need to be involved in supporting teachers in the discipline procedures and when a problem occurs, a team including the teacher, the principal and a guidance counselor should discuss the problem with the parents and the child. She added that principals need to be more visible in the schools both before, during and after school, and it is the responsibility of the principal to implement the discipline policy in a manner that is fair, firm and consistent, and as a School Board Trustee, she would expect nothing less. She explained that the General Assembly recently enacted a bill that requires districts to adopt policies concerning the removal of disruptive students from the classroom and Roanoke should include those requirements in its standards of behavior. She stated that this would be a good time to visit the City's alternative education program to review established goals, as well as how the learning environment could be improved, and as the School system focuses on reading skills for its younger students, the system might also work on improving the reading skills of those children who are enrolled in alternative education program. She added that as a School Board Trustee, she would closely monitor the discipline procedures, because every child and every teacher deserves an academic atmosphere in which there can be student success. Council Member Swain asked the followin(j questions: Accountability as defined by some persons in the field of education is an exercise to place the blame on teachers for all of the shortcomings in the School system. If you find this to be the situation, what would you do to place the responsibility on those persons who are in charge of the School system? Ms. Willson advised that she recently visited the Noel C. Taylor Learning Academy and she did not see students engaged in education in the way she would have liked. She called attention to a computer lab that was locked and should be used continuously to work on reading skills and math skills. She stated that it is not enough to work solely on discipline issues, but there should be an evaluation of alternative education students to make them aware that it is an opportunity to be enrolled in the program and they should take full advantage of that opportunity. 17 Some persons believe that the alternative education program is an exercise to warehouse kids and the program is aimless. If you find that to be the case, what would you do to improve the situation? Ms. Willson advised that everyone in the schools should be held responsible, from the students who are responsible for the work they are asked to perform, to the teachers who are observed and evaluated and asked to make improvements, to administrators who should be asked to make improvements and to better serve the City; therefor, everyone, including parents, should be made more accountable in the Roanoke City Schools. The Mayor asked the following question: What is your assessment of Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools? Ms. Willson advised that when the Superintendent was brought to Roanoke, the Central Council PTA met with him and it was obvious that he was a man of great vision and he had the unanimous support of the Central Council PTA. She stated that as she worked with Dr. Harris in her capacity as Vice-Chair of Central Council PTA to develop programs, she came to respect him and believes that he is doing his best to involve parents in the decisionmaking process, he has supported site-based management, he has encouraged community input and community volunteerism, and his instructional staff is dedicated to their respective tasks. She further stated that Dr. Harris has brought additional accountability to Roanoke City Schools, physical fitness scores have improved because he has offered incentives, he has involved students in the truancy program, and there has been some improvement in student test scores. The five interviews having been concluded, the Mayor declared the meeting adjourned at 8:35 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 18 SPECIAL MEETING ...... ROANOKE CITY COUNCIL April 30, 1998 7:00 p.m. The Council of the City of Roanoke met in special session on Thursday, April 30, 1998, at 7:00 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Resolution No. 33777-040698, adopted by the Council on Monday, April 6, 1998. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Council Member C. Nelson Harris ............................................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Mayor Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. BUDGET-TAXES-GRANTS: The Mayor advised that the purpose of the Special Meeting was to hold a public hearing to receive comments from citizens with regard to the 1998-99 recommended City budget; certain tax rate increases; and the recommended fiscal year 1998-99 U. S. Department of Housing and Urban Development (HUD) Funding Budget. Notices of advertisement of the public hearings were published in The Roanoke Times on April 8, 1998 and April 21, 1998, and in the Roanoke Tribune on April 9, 1998 and April 23, 1998. (See publisher's affidavits on file in the City Clerk's Office.) The Mayor advised that the City Manager has recommended a balanced fiscal year 1998-99 General Fund budget totaling $168,537,821.00; the recommended budget is anticipated to increase $7,311,186.00, or 4.53 per cent, over the current fiscal year and includes funding for the following major expenditures: Local Support for Schools ($1,366,487.00) Roanoke City Public Schools, additional funding for Employee compensation ($2,467,919.00) - 4.0 per cent average pay raises, Social Services program expenditures ($853,986.00) - funding will increase for programs such as Foster Care, Subsidized Adoption, General Relief, and Welfare Reform, Highway Maintenance ($347,000.00) - Increased State funding will be used for street maintenance, including paving, Fixed Asset Maintenance ($50,000.00) - increased funding will be used for maintenance of City facilities, Computer Services ($263,421.00) - funding will increase for the continued operation of the City's computer services, Recommended Supplemental Budget requests ($1,685,134.00), All other City Budget expenditures have increased $277,239.00. The Mayor explained that the adjusted School budget total is $92,081,915.00 and represents an increase of $5,541,222.00, or 6.4 per cent over fiscal year 1997-98; the fiscal year 1998-99 budget continues the present level of services with minimal cost increases; City staff strives to provide quality services while improving efficiency; and a limited number of new programs or activities are recommended in the operating budget to be funded with existing general revenues. The Mayor advised that comments of citizens are also invited with regard to the proposed fiscal year 1998-99 Annual Update to the HUD Consolidated Plan. He stated that HUD representatives have informed City staff that Roanoke's CDBG and HOME entitlement will total $2,723,000.00, an increase of $2,000.00 over 1997-98 funding; and including the new entitlement, total funding of $4,086,691.00 is estimated to be available for fiscal year 1998-99. The Mayor explained that the 1998-99 Annual Update to the Consolidated Plan is responsive to the concerns of the citizens of Roanoke and meets the regulatory requirements of HUD; it provides for housing improvements, homeless activities, activities for youth, business development, creation of new job opportunities, human services, the strengthening of Roanoke's neighborhood organizations, and adequate administrative oversight for the entire program. 2 The Mayor opened the floor for comments and requested that speakers limit their remarks to three minutes each; whereupon, the following persons addressed Council: Marsha W. Ellison, Chairperson, Roanoke City School Board, expressed appreciation for Council's support of public education. She advised that with Council's support, teachers will receive a five per cent average increase in pay, which will bring Roanoke to the national average for teacher salaries for the 1998-99 school year. She stated that teachers' salaries have risen 25 per cent for the past five years and with Council's support, pre-school programs have been added for three and four year old children. Also with Council's support, she advised that the School Board has hired an additional 132 teachers to reduce class sizes and with smaller class sizes, student performance has improved and there has been a six per cent increase in student passage of the Literacy Passport Test. She stated that funding for fiscal year 1998-99 will also provide for after school remedial services for students needing assistance in passing the state mandated tests, teacher training programs and additional teacher planning time will be provided to assist teachers with the mastery of the standards of learning and to prepare for the standards of accreditation tests. She expressed appreciation for the City's assistance with these initiatives and others as the School system educates its students into the 21st century. Mr. Ray Barbour, 686 Montrose Avenue, S. E., advised that $100,000.00 is included in the proposed 1998-99 budget for sidewalks, and sidewalk improvements in southeast Roanoke alone will cost more than the recommended $100,000.00. He called attention to the poor condition of brick sidewalks in the southeast section of the City which need to be replaced, as well as uneven sidewalks that pose a safety hazard. He inquired as to why the City Manager is recommending only $100,000.00 for sidewalk improvements when it is obvious that more funds are needed. Mr. Thomas C. McMichael, Program Developer for the Presbyterian Community Center, expressed appreciation to the City for its commitment to the well-being of Roanoke's youth and particularly the youth of southeast Roanoke City. He stated that the Presbyterian Community Center was recommended for funding in the City's Consolidated Plan for allocation through the Community Development Block Grant budget, and the proposal of the Presbyterian Community Center is to purchase a building and to provide transportation in order to expand the after school tutoring and literacy program in intercity southeast. He explained that there are currently approximately 15 children in the after school tutoring program, with no space to grow or room for recreational-type activities. He stated that too many of the intercity youth leave school at 2:00 or 2:30 p.m., and have very little to do with no adult supervision for an extended period of time. He further stated that the southeast youth center will serve children and families from southeast Roanoke City 3 and will be based on the model of the West End Center for Youth that has already provided a great deal of technical assistance. He added that an after school program will benefit those children who regularly attend Roanoke City Public Schools, and the Southeast Youth Center project will enhance the effectiveness of schools and contribute to more active and stable neighborhoods. He advised that after school supervised activities, along with individualized mentoring and tutoring, is a proven answer to some of the problems of Roanoke's youth and organizations such as the Presbyterian Community Center with access to and a history of attracting hundreds of well motivated volunteers is a cost effective way to provide quality services. He stated that it is known that the need is great in all intercity neighborhoods and the Presbyterian Community Center will do everything it can to continue to support the idea of developing sufficient youth programs to enable all at risk children to have a safe and wholesome place to congregate after school. He advised that the Presbyterian Community Center hopes to have a vibrant program with as many as 100 children within the next few years and to partner with other agencies such as the West End Center, Boys and Girls Club, and YMCA Literacy Volunteers of America to avoid unnecessary duplication of services. Ms. Jeanette Manns, representing STRIVE, advised that as a representative of the Washington Park Alliance, curb and gutter has been a major issue. She called attention to the need for sidewalks, curb and gutter in the Tenth Street area and in northwest Roanoke as a whole. She referred to an area on Patton Avenue where a City vehicle tore up the sidewalk which has not yet been repaired. She advised that she would like to see more responsiveness by the City to the requests of her community and she would like to know how the City spends its funds because there have not been a lot of improvements in the inner City. She stated that she requested a traffic light on Tenth Street, but the City installed a blinking light that has not deterred speeding vehicles. Ms. Kathryn R. Hale, Director, West End Center, commended the City for its attention to the plight of youth and families living in the economically unstable areas of the City. She stated that the Housing and Urban Development cap on human service agencies is 15 per cent of the City's allotment which must be spread among many worthwhile organizations. She further stated that approximately $400,000.00 is available for Human Service/Cultural Service funding which comes directly from City funds for approximately 40 organizations and under $1 million is available to organizations serving the at-risk population of the City. She advised that the families and youth of the Roanoke community are the future and encouraged Council to find creative ways to assist with the funding of existing organizations and new agencies that are organizing to deal with unmet needs. She explained that there are currently 80 children on the waiting list at the West End Center, with a waiting time of approximately 15 months and it is found that teens who wait that long for admittance lose interest and may be lost to the streets. She stated that the West End Center is 4 helping St. John's Episcopal Church and the Presbyterian Community Center in southeast Roanoke to establish programs in other parts of the City, but there are still many unmet needs in the West End Center neighborhood. She encouraged Council to invest in the future by funding youth and family-oriented programs alongside economic development, since both are equally important. There being no further business, the Mayor declared the Special Meeting adjourned at 7:20 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor 5 SPECIAL MEETING ...... ROANOKE CITY COUNCIL April 30, 1998 7:20 p.m. The Council of the City of Roanoke met in special session on Thursday, April 30, 1998, at 7:20 p.m., in the Exhibit Hall at the Roanoke Civic Center, 710 Williamson Road, N. E., City of Roanoke, Virginia, with Mayor David A. Bowers presiding, pursuant to Resolution No. 33777-040698, adopted by the Council on Monday, April 6, 1998. PRESENT: Council Members John H. Parrott, Carroll E. Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers .................. 6. ABSENT: Council Member C. Nelson Harris ............................................. 1. OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. BUDGET-TAXES: The Mayor advised that the purpose of the Special Meeting is to consider the 1998-99 Real Property Tax Rate in which the City of Roanoke proposes to adopt a tax rate of $1.22 per $100.00 of assessed value. Notice of advertisement of the public hearing was published in The Roanoke Times on April 21, 1998 and in the Roanoke Tribune on April 23, 1998. The Mayor opened the floor for comments and requested that speakers limit their remarks to three minutes each; whereupon, Mr. Ray Barbour, 686 Montrose Avenue, S. E., spoke against any increase in the real property tax rate. There being no further business, the Mayor declared the Special Meeting adjourned at 7:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 July 20, 1998 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, vid A. Bow~rs'"':a~ ~ Mayor DAB:se 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 July 22, 1998 File #15-110-230 Brook E. Dickson, Chair Roanoke Arts Commission 523 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Dickson: This is to advise you that on July 13, 1998, Sherlie S. Doherty qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2001. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:Io pc: Lanell Otey, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk C:MULY20.W130 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sherlie S. Doherty, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of~,A/__z.~ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:~CKLO%AGENDA98~.IUNE15.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 23, 1998 File #15-110-316 Robert K. Bengtson, Chair City of Roanoke Transportation Safety Commission Roanoke, Virginia Dear Mr. Bengtson: This is to advise you that on July 8, 1998, Jerry W. Caldwell qualified as a member of the City of Roanoke Transportation Safety Commission for a term ending October 31, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: Georgene P. Elmore, Secretary, City of Roanoke Transportation Safety Commission Sandra H. Eakin, Deputy City Clerk C:IJULY30.WPO '98 M~,Yll A9:55 '98 ,JUL -8 P3:54 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, tc~-wit: I, Jerry W. Caldwell, 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 City of Roanoke Transportation Safety Commission for a term ending October 31, 2000, according to the best of my ability. So help me God. ARTHUR B. CRUSH, III, CLERK DEPUTY CLERK H:~AQENDAg~AI:~q20.WPO MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 23, 1998 File #15-110-429 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 14, 1998, E. Douglas Chittum qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: James D. Grisso, Secretary/Treasurer, Board of Trustees, City of Roanoke Pension Plan Joyce L. Sparks, Retirement Administrator, Department of Finance Sandra H. Eakin, Deputy City Clerk C:~JULY20.WPD Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, E. Douglas Chittum, 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, 2002, according to the best of my ability. So help me God. Subscribed and sworn ,o before me this ~ day of J~,~ 1998. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK N:XCKLOI~AG ENDA98~J U NE15,WPD Mary F. Parker, CMCIAAE C~y CHrk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File #379 8andre H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 1998, you were requested to provide an uPdate on greenway development in the City of Roanoke. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io pc: Kit B. Kiser, Director, Utilities and Operations C:UULY20.WPD FROM ; ELLETTA2A. TRUCK/RORNOKE PHONE NO. : 548 343 7488 Jul. 13 1998 03;44PM Pi ix, JUL-1~-1998 15:46 548 345 ?488 9~ P.01 FROM. : ELLETT×UA. TRUCK×ROANOKE PHONE NO. : 548 34~ 7488 Jul. 24 1998 01:32PM PI '98 JLIL24 P2:19 PRESENTATION OF ANNUAL REPORT OF THE ROANOKE VALLEY GREENWAY COMMISSION TO ROANOKE CITY COUNCIL JULY 20,1998 Mayor Bowers and Members of City Council: My name is Lucy Eilett and I serve as an appointee to the Roanoke Valley Greenways Commission. With me today are Barry Baird, also an appointee to the Commission, and Liz Belcher, Greenways Coordinator. We have asked for time on the agenda in order to present to you the f~rst Annual Report of the Ro~moke Valley Greenways Commission. You have a copy of the report in your hands, ~nd we hope you will take it home, read it and feel free to call any of us with questions which you may have. I want to begin by thankiag this City Council for its support through the years that we have been working on this project. We began several years ago with a concept - a vision of a system of trails- which we believe would enhance the quality of life in this community and would open up opportunities for recreation, economic development and pre~wvation of the environment. You may remember that after much thought and planning, we came to you in 199 6 with a conceptual plan for greenways which showed the routes where Valley citizens wantedto see trails. In the center of the report which you have ia front of you, you will see the first trails which are in various stages ofconstru~ion. Actually there is another major piece of the plan already in the planning stage- a proposed greenway in the County and Salem running from Green Hill Park along the river to the intersection of Route 419 and Apperson Drive. Also another major piece along the fiver could come about as a result of the flood reduction plan - a two to three mile trail running through Wasena and Smith Parks and continuing down river toward the sewage treatment plant. The City's project manager for this project is keeping us informed about the plans as they develop in this area. I remind you that funding for the Greenway Commision comes from the four localities on a per c.~pita basis. This money is used to fund the coordinator's position and operations of thc office. We think you will agree that this money is being well used when you see on page 6 and 7 the grants and donations which have been generated under the leadership of our coordinator, Also the greenways movement continues to generate enthusiasm from many citizens, resulting in a major volunteer effort to move these projects along, On page 8 you will see some of the ways volunteers have contributed to this effort, JUL-24-1998 13:34 540 343 ?480 P. 01 FROM_, : ELLETT/UA. TRUCK×ROANOKE PHONE NO, : 540 34~ 7480 Sul. 24 1998 Oi:~3PM P2 I want to point out that this is not just a Roanoke City proj~, although the City has certainly provided a leadership role. From the beginning we have taken a valley-wide approach to the effort, and all of the Commission members and volunt~rs have been supportive of these greenway segments as they are developed, irregardless of jurisdiction. All of us have participated in clean-ups, trail preparations, public hearings, planning meetings, etc., all around the Valley, and I know some of you have also been involved in these activities. I can't emphasize enough how important it is that this continues to be inter-jurisdictional. We have even had requests in the past to expand beyond the four Valley localities, but at this point we believe we have all we can do to see that our plan continues to be implemented. Along with the Annual Report you have also received a copy of the recently printed brochure, a piece which will be used to educate the general public about the Greenways project, and to stimulate interest in Pathfinders for Greenways, the non-profit citizens volunteer group supporting greenways. Goals for the Pathfinders include encouraging 8reenway developmem, raising money for construction and management, and providing an avenue by which citizens can be involved as volunteers. This brochure highlights Pathfinder activities, shows greenway routes, and tells about the benefits of greenways - that is, why the investag, nt in greew,vays will pay bach large dividends om the future this community. We expect that our second Annual Report in 1999 will show some of these projects completed and more on the drawing board. We also anticipate that as the greenways are built and the public begins to use them, additional public support and enthusiasm will he forthcoming. Today we would like to ask the City Council and the City Manager for two things: (1) your continued support, both fmandally and through encouragement, in the coming years. This is not a project that can be accomplished quickly. Whether it will take ten years, or fifteen, or twenty, or more, we cannot tell. It all depends on what oppommities present themselves, and how much money and effort are committed to the projects. (2) the inclusion ofgreenways whenever possible in future planning for the city. It was in 1993 when we first urged the city to obtain easements for trails as easements for the sewer line interceptors were planned. Today we are still asking that this procedure be followed- more specifically that easements for greenways be procured when drainage easements are obtained as pan of the flood control project. There are also opportunified when improvements to roads are made, or utility routes are planned and in many other instances. We hope that greenway opportunities will become top priority in city planning. We feel sure this will save time and money in the long run. In conclusion, the report in fi'oat of you is the result of the efforts of many individuals and groups. We look forward to continued progress in the months age,ad, and urge you to call on us with your questions and suggestions as they occur to you. JUL-24-1998 13:55 5~ J~43 7~8~ P. 02 MARY E PARKER, CMC~AAE City Cle~ 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 July 23, 1998 SANDRA H. EAKIN Deputy City Clerk File ~60-467 Marsha W. Ellison, Chair Roanoke City School Board 2030 KnoHwood Road, S. W. Roanoke, V'trginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33933-072098 amending and reordalning certain sections of the 1998-99 School Fund and School Capital Fund Appropriations, providing for appropriation of $35,000.00 for the 1998-99 Regional Adult Education Specialist program, $37,212.00 for the 1998-99 Adult Education in the Jails program, $116,858.00 for the 1998-99 Regional Adult Literacy (TAP) program, $7,772.00 for the 1998-99 GED Testing program, $4,673.00 for the 1998-99 Opportunity Knocks (GED) program, $1,251,670.00 for the 1998-99 Alternative Education program, $79,481.00 for the Homeless Assistance program, and $75,000.00 for Huff Lane MicroVillage School improvements. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io 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. Gfisso, Director of Finance Deborah L. Glossbrenner, Financial Systems Accountant, Department of Finance H:~AGENDA~JULY20.WlaO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33933-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 School Fund and School Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 School Fund and School Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: SchoolFund Appropriations Education Regional Adult Education Specialist (1-9) ........................ Adult Education in Jails 98-99 (10-13) .......................... Regional Adult Literacy (TAP) (14) ............................ GED Testing 98-99 (15-16) .................................. Opportunity Knocks (GED) 98-99 (17-19) ........................ Alternative Education Program 98-99 (20-38) ................... Homeless Assistance Program 98-99 (39-45) ................... Instruction (46-48) ........................................ Revenue Education Regional Adult Education Specialist (49) ........................ Adult Education in Jails 98-99 (50-51) .......................... Regional Adult Literacy (TAP) (52) ............................ GED Testing 98-99 (53) ..................................... Opportunity Knocks (GED) 98-99 (54) .......................... Alternative Education Program 98-99 (55-56) .................... Homeless Assistance Program 98-99 (57-58) .................... $124,184,967 35,000 37,212 116,858 7,772 4,673 1,251,670 79,481 69,593,742 $123,259,274 35,000 37,212 116,858 7,772 4,673 1,251,670 79,481 School Capital Fund Appropriations Education Capital Huff Lane School Improvements (59) ........................... 1 ) Compensation of Supervisors 2) Compensation of Clerical 3) Social Security 4) Retirement - VRS 5) Health Insurance 6) Telecommunications 7) Mileage 8) Educational and Recreational Supplies 9) Additional Machinery and Equipment 10) Compensation of Teachers 11 ) Social Security 12) Other Professional Services 13) Educational and Recreational Supplies 14) Other Professional Services 15) Compensation of Teachers 16) Social Security 17) Supplements 18) Social Security 19) Books and Subscriptions 20) Compensation of Teachers 21 ) Compensation of Supervisors (030-060-6707-6351-0124) $ (030-060-6707-6351-0151 ) (030-060-6707-6351-0201 ) (030-060-6707-6351-0202) (030-060-6707-6351-0204) (030-060-6707-6351-0523) (030-060-6707-6351-0551 ) (030-060-6707-6351-0614) (030-060-6707-6351-0821 ) (030-060-6708-6550-0121 ) (030-060-6708-6550-0201) (030-060-6708-6550-0313) (030-060-6708-6550-0614) (030-060-6709-6550-0313) (030-060-6710-6550-0121 ) (030-060-6710-6550-0201 ) (030-060-6711-6334-0129) (030-060-6711-6334-0201 ) (030-060-6711-6334-0613) (030-060-6982 -6100-0121 ) (030-060-6982 -6100-0124) 18,050 6,054 1,844 817 7O2 2,100 2,500 1,433 1,500 20,520 1,570 13,760 1,362 116,858 7,220 552 4,155 318 200 636,435 55,412 $38,081,601 2,266,700 22) Compensation of Teacher Aides 23) Compensation of Clerical 24) Social Security 25) Retirement - VRS 26) Health Insurance 27) Professional Health Services 28) Purchased Services 29) Lease/Rent of Equipment 30) Lease/Rent of Buildings 31 ) Mileage 32) Field Trips 33) Parent Involvement 34) Inservice Workshops 35) Vehicle and Equipment Supplies 36) Educational and Recreational Supplies 37) Electrical Service 38) Telecommunications 39) Compensation of Teachers 40) Compensation of Substitute Teachers 41) Social Security 42) Retirement - VRS 43) Health Insurance 44) Repair and Maintenance Payments 45) Mileage 46) Compensation of Teachers 47) Tuition 48) Matching Funds 49) State Grant Receipts 50) Federal Grant Receipts 51 ) Fees (030-060-6982-6100-0141 ) (030-060-6982-6100-0151 ) (030-060-6982-6100-0201 ) (030-060-6982-6100-0202) (030-060-6982-6100-0204) (030-060-6982-6100-0311 ) (030-060-6982-6100-0381 ) (030-060-6982-6100-0541 ) (030-060-6982-6100-0542) (030-060-6982-6100-0551 ) (030-060-6982-6100-0583) (030-060-6982-6100-0585) (030-060-6982-6100-0587) (030-060-6982-6100-0610) (030-060-6982-6100-0614) (030-060-6982-6681-0511 ) (030-060-6982-6681-0523) (030-060-6983-6100-0121 ) (030-060-6983-6100-0141) (030-060-6983-6100-0201 ) (030-060-6983-6100-0202) (030-060-6983-6100-0204) (030-060-6983-6100-0331 ) (030-060-6983-6100-0551 ) (030-060-6001-6029-0121 ) (030-060-6001-6029-0382) (030-060-6001-6300-0588) (030-060-6707-1100) (030-060-6708-1102) (030-060-6708-1103) 76,72O 35,830 66,586 117,418 50,435 34,530 7,559 8,400 107,215 1,500 10,000 5,000 7,500 6,600 5,000 18,000 1,530 53,146 7,601 4,647 7,169 2,342 4,000 576 (17,659) ( 12,975) (1,193,868) 35,000 34,867 2,345 52) Federal Grant Receipts 53) Fees 54) Fees 55) State Grant Receipts 56) Local Match 57) Local Match 58) Mileage 59) Appropriated from Third Party (030-060-6709-1102) (030-060-6710-1103) (030-060-6711-1103) (030-060-6982-1100) (030-060-6982-1101) (030-060-6983-1101 ) (030-060-6983-1102) (031-060-6089-6896-9004) 116,858 7,772 4,673 57,802 1,193,868 30,634 48,847 75,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOI~ July 20, 1998 '98 ~UL 16 P4:3.c; FROM: SUBdECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate the following: $35,000 for the 1998-99 Regional Adult Education Specialist program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. The continuing program will be reimbursed one hundred percent by state funds. $37,212 for the 1998-99 Adult Education in the jails program to provide instruction to inmates in the Roanoke City and Roanoke County jails to aid in their acquisition of the GED certificate. The continuing program will be reimbursed by federal funds amounting to $34,857 and jail funds in the amount of $2,345. $116,858 for the 1998-99 Regional Adult Literacy (TAP) program to provide for the administration of adult literacy programs. The continuing program will be subcontracted through Total Action Against Poverty (TAP) and federal funds will pass through the Roanoke City Schools. $7,772 for the 1998-99 GED Testing program to provide instructors for GED preparation classes and for the administration of the GED examinations. The continuing program will be funded with student fees. $4,673 for the 1998-99 Opportunity Knocks (GED) program to provide instruction for the General Educational Development (GED) Examination for young adults. The program operates under an Agreement of Understanding with the Fifth District Employment and Training Consortium to address GED preparation needs of participating youth. The continuing program will be funded with fees charged to participants. Honorable Mayor and Members of City Council July 20, 1998 Page 2 $1,251,670 for the 1998-99 Alternative Education program to provide alternative curriculum and training for high risk students. The continuing program will be reimbursed by state funds in the amount of $57,802 with a local match of $1,193,868. $79,481 for the Homeless Assistance program to provide instructional services to homeless students. The continuing program will be funded by federal funds amounting to $48,847 with a local match of $30,634. $75,000 for Huff Lane MicroVillage School improvements. Funding has been provided by a third party donation. We recommend that you concur with this request of the School Board. Director of Finance JDG/DLG/pac Attachments c: Debbie Glossbrenner, Financial Systems Accountant ROANOKE CITY SCHOOL BOARD :iT v P. O. Box 13145 Roanoke, VA 24031 (540) 853-2381 July 14, 1998 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official action at its July 14 meeting, the School Board requests the following appropriations: $35,000.00 for the 1998-99 Regional Adult Education Specialist program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. The continuing program will be reimbursed one hundred percent by state funds. $37,212.00 for the 1998-99 Adult Education in the Jails program to provide instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED certificate. The continuing program will be reimbursed by federal funds amounting to $34,857.00 and jail funds in the amount of $2,345.00. $116,858.00 for the 1998-99 Regional Adult Literacy (TAP) program to provide for the administration of adult literacy programs. The continuing program will be subcontracted through Total Action Against Poverty (TAP) and federal funds will pass through the Roanoke City Schools. $7,772.00 for the 1998-99 GED Testing program to provide instructors for GED preparation classes and for the administration of the GED examinations. The continuing program will be funded with student fees. $4,673.00 for the 1998-99 Opportunity Knocks (GED) program to provide instruction for the General Educational Development (GED) Examination for young adults. The program operates under an Agreement of Understanding with the Fifth District Employment and Training Consortium to address GED preparation needs of participating youth. The continuing program will be funded with fees charged to participants. $1,251,670.00 for the 1998-99 Alternative Education program to provide alternative curriculum and training for high risk students. The continuing program will be reimbursed by state funds in the amount of $57,802.00 with a local match of $1,193,868.00. Members of Council Page 2 July 14, 1998 $79,481.00 for the Homeless Assistance program to provide instructional services to homeless students. The continuing program will be funded by federal funds amounting to $48,847.00 with a local match of $30,634.00. $75,000.00 for Huff Lane MicroVillage School improvements. Funding has been provided by a third party donation. re cc: The Board appreciates the approval of these requests. Sincerely, Cindy H. Lee, Clerk 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) Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File #178-236 · andra H. Eakin Deputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33934-072098 authorizing execution of an agreement with the Roanoke Redevelopment and Housing Authority for the 1998-99 HOME Investment Partnership Program and any necessary amendments thereto, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development William F. Clark, Director, Public Works Daniel H. Pollock, Jr., Coordinator, Housing Development Charles A. Harlow, Grants Monitor, Grants Compliance H:~AGENDA96~JULY2D.VVPO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33934-072098. A RESOLUTION authorizing the appropriate City officials to enter into the 1998-99 HOME Investment Partnership (HOME) Program Agreement, and any necessary amendments thereto, with the Roanoke Redevelopment and Housing Authority, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 1998-99 HOME Investment Partnership (HOME) Program Agreement with the Roanoke Redevelopment and Housing Authority, and any necessms' mnendments thereto, if necessary, approved as to form by the City Attorney, within the Ii,nits of funds and for the purposes as are more particularly set forth in the City Manager's report dated July 20, 1998. ATTEST: City Clerk. Il RI'iS,R-RRII?v~8 WPI) RECEI'v r,E. 9 (:ITY ¢' --'::'"'"" ,.-,r:-~f .... Roanoke, Virginia July 20, 1998 98-18 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1998-99 HOME Agreement with Authority (RRHA) Investment Partnerships Program the Roanoke Redevelopment and (HOME) Housing Historically, the RRHA has administered a variety of HOME programs for the City, including housing rehabilitation and homebuyer assistance. Be City. Council authorized the RRHA's 1998-99 HOME activities and fundine 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. Co City. Council accepted the 1998-99 HOME funds on June 15, 1998, pending receipt of the approval letter from HUD, by adopting Resolution No. 33877-061598 and Budget Ordinance No. 33876-061598. HUD approval of the Annual Update is forthcoming. The letter of approval is completing the routine Congressional release process. II. Current Situation: A total of $663,018 in HOME funds has been budgeted for the RRHA's 1998-99 HOME Aereement. $623,018 in new and carry-over HOME funds are budgeted for the RRHA's 1998-99 project costs for the four (4) HOME-funded activities listed below. This amount includes $281,093 which is being carried over to complete rehabilitation and homebuyer projects in progress on June 30, 1998, the end of the prior program year. ao Consolidated Rehabilitation Loans -- Grants and/or loans to eligible homeowners and homebuyers and to owners of substandard rental properties for housing rehabilitation. Members of Council Page 2 Do Down Payment/Closing Costs -- Grants to eligible homebuyers to reduce the cash required to purchase a home newly constructed or rehabilitated by the RRHA. Gainsboro Lot Acquisition/Homeownership Initiative -- Completion of an activity to construct two new homes in the Gainsboro area and financial assistance eligible buyers of the homes. do Homeownership Opportunities Program (HOP) Subsidy - Funding to the RRHA to subsidize part of the costs of constructing new housing under the HOP. $40.000 in HOME funds are budgeted for the RRHA's 1998-99 general administrative costs relating to the HOME-funded activities. An additional $135,954 in Community Development Block Grant (CDBG) funds for staff and other support costs directly attributable to delivering the HOME activities is being budgeted under a separate CDBG Agreement with the RRHA to be authorized by Council. HOME funds require a 12.5 % match, which does not apply to "administrative" or to Grant Year 1992 funds. The match requirement for the RRHA contract will be IL4.2,2~. (Funds from prior grant years have already been matched.) Match sources include cash as well as in-kind contributions from non-federal sources. No outlays of City funds will be needed to meet the match requirement. City Council must approve execution of an Agreement with the RRHA in order to implement the HOME activities and permit payment to the RRHA for costs incurred. III. Issues: A. B. C. D. E. Cost to the City. Administrative capability. Impact on neighborhood revitalization. Consistency with the Annual Update. Members of Council Page 3 IV. Alternatives: Authorize the City. Manager or the Assistant City. Manager to execute, and the City Clerk to attest, the 1998-99 HOME 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 $663.018 in HOME funds, including the amount needed to complete carry-over projects, plus $135,954 in CDBG project support funding. Necessary HOME funding is available in the accounts listed in Attachment A. 1. 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. liming is important. Housing activities and payments to the RRHA cannot be implemented in the absence of an Agreement. Impact on neighborhood revitalization will be positive. These HOME activities will assist the purchase and/or rehabilitation of approximately 24 housing units. As a result, the appearance, property values and stability of our neighborhoods will be enhanced, and the City's stock of decent, affordable housing will increase. 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. B. Do not authorize execution of the 1998-99 HOME Agreement with the RRHA. Cost to the City is unclear at this time. Funding would remain available, but other arrangements would have to be made to establish a comparable administrative capability within the City government structure or through contracts with external agencies. Administrative capability would be negatively affected. While some City staff would be able to perform certain functions, the range of knowledge and experience would be difficult to replace. 3. !JlIliag would be adversely affected. There would be significant delays in Members of Council Page 4 making rehabilitation and homebuyer assistance available. Impact on neighborhood revitalization would be negative if assistance with the purchase and/or rehabilitation of housing was delayed or withdrawn. Consistency with the Annual Update would not be achieved, since the RRHA is specifically identified as the agency which will conduct the 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 HOME 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. Respectfully submitted, W~. ~bert<~Herbet t~-- ) '~ City Manager WRH:FEB C'- Assistant City Manager City Attorney Director of Finance Director of Human Development Director of Public Works Housing Development Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment and 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. 33877-061598 the Roanoke City Council approved the 1998/99 HOME program and by Ordinance No. 33876-061598 appropriated funds therefor; and WHEREAS, by Resolution No. the Roanoke City Council approved the execution of this subgrant agreement between the Graniee 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: 1. USE OF HOME FUNDS: All program activities under this Agreement shall be operated in accordance with guidelines developed by the Subgrantee in consultation with and acceptable to the Grantee and incorporated herein by reference. These 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. (Note: 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 activity.) Responsibilities of the Subgrantee shall include marketing and outreach, receiving and processing applications, including packaging loan applications for supplemental funding sources under part 1.d., overseeing rehabilitation, holding deeds of trust and/or homeowner grant agreements (specific to this Agreemen0 for the Grantee's HOME funds, and monitoring the projects after rehabilitation, in accordance with federal HOME regulations. The Subgrantee shall, in addition, be responsible for performing such duties as above as may be necessary to complete or continue progress on projects it set up in the Integrated Disbursement and Information System (IDIS) that remained open as of June 30, 1998. Funding for such "carry-over" projects shall be made available from accounts designated under part 1.h. of, and Attachments A. 1. and A.2. to, this Agreement. Page 1 of 11 (Attachment 1) ao b° ce do Consolidated Loan Program -- The Subgrantee shall conduct a Consolidated Loan Program to make housing rehabilitation funding available to HOME-eligible homeowners and homebuyers and to owners of substandard rental properties. 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. (1) T.vpes of Rehabilitation Activities Authorized -- Using HOME funds provided by the Grantee, the Subgrantee shall offer the following types of assistance in accordance with guidelines incorporated by reference into this Agreement. (a) Owner-Occupied Rehabilitatiol~ -- financial assistance for the rehabilitation of substandard homes owned and occupied by eligible families. (b) Purchase/Rehabilitation -- financial assistance for the purchase, rehabilitation, and occupancy of vacant substandard houses by eligible families. (c) Rental Rehabilitation -- financial assistance for the rehabilitation of small rental properties. (2) Enterprise Zone II and Historic Gainsboro Set-Asides -- The Subgrantee shall reserve and make available a minimum of $100,000 to assist housing in the Enterprise Zone II and $100,000 to assist housing in the Historic Gainsboro District. The Subgrantee may provide this assistance through Owner-Occupied Rehabilitation, Purchase-Rehabilitation or Rental Rehabilitation, as described above. Upon written, mutual consent by the parties hereto, any portion of either set-aside not committed to projects in the Enterprise Zone II or Historic Gainsboro District within six months from the date of this Agreement (specified above) may be used for projects located in other eligible areas of the City. Down Payment and Closing Cost Assistance Program -- Using HOME funds provided by the Grantee, the Subgrantee shall conduct a Down Payment and Closing Cost Assistance Program. This program shall consist of grants to eligible homebuyers to reduce the amount of cash required to purchase a home constructed and/or otherwise being offered for sale by the Subgrantee. Gainsboro Lot Acquisition and Homeownership Initiative Proeram -- The Subgrantee shall continue efforts regarding a Gainsboro Lot Acquisition and Hom~ownership Initiative Program to assist eligible families to purchase four homes in the Gainsboro Area. The four homes to be sold under this program are 12 and 18 Gilmer Avenue, N.W. and two new homes to be constructed in Gainsboro. HOME funds will be used to acquire the parcels of land on which the new homes will be built, subsidize construction costs and/or provide each eligible family up to $15,000 in homebuyer assistance. (Note: As of June 30, 1998, properties at 12 and 18 Gilmer Avenue have been sold.) Homeownership Opportunities Program (HOP) Subsicly -- The Subgrantee shall use HOME funds provided by the Grantee to subsidize the costs of new housing constructed under the Page 2 of 11 (Attachment 1) Subgrantee's HOP. Funds may subsidize any HOME-eligible hard or soft project cost directly related to each specific property assisted. Supplementation of Local HOME Funds with Other Fund~ -- In order to increase the number of housing units assisted, the HOME funds provided under this Agreement by the Grantee may be supplemented by funding obtained through the Virginia Department of Housing and Community Development (DHCD) or other sources. The Grantee and Subgrantee shall coordinate any actions taken to obtain supplemental funding. Where permitted, HOME funds under this Agreement may be used to meet any matching requirements of the supplemental funding source. Revisions to activity guidelines, such as, but not necessarily limited to, changes in financing options, required to accommodate any supplemental funding shall be considered administrative in nature and shall not require amendment of this Agreement. e. Period of this Agreement: -- Unless amended, and except as provided in sections 14 and 16, this Agreement shall be for the period beginning July 1, 1998, and ending June 30, 1999. Sch~ule - The Grantee and Subgrantee shall implement each program described above on July 1, 1998, in accordance with the guidelines incorporated by reference, and shall set up individual projects utilizing all the HOME funds identified in Attachment A. 1. by June 30, 1999. At the sole discretion of the Grantee, any project funds remaining uncommitted or administrative funds remaining unexpended at the end of this period may be carried over to the subsequent year or deobligated from the Agreement and used for other HOME purposes. go Match - Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the Grantee's responsiblity to determine the amount and ensure crediting of matching funds required pursuant to this Agreement. The Subgrantee shall report regularly to the Grantee all activities which may be credited against the HOME match requirement. B.udg~ - HOME funds, as provided in Attachment A. 1., shall be made available to the Subgrantee for the respective program activities. Funding to complete projects initiated on or before June 30, 1998, listed on Attachment A.2. shall be made available from accounts designated in Attachment A. 1. At the sole discretion of the Grantee, any funds remaining unexpended upon completion of any 1997/98 carry-over project may be used for other carry-over or new projects or deobligated from the Agreement and used for other HOME purposes. 2. AFFORDABILITY; The Subgrantee shall ensure that all housing units assisted with HOME funds through any program under this Agreement will adhere to the affordability requirements of 24 CFR 92.252 and 92.254, as applicable. The Subgrantee shall require repayment of the HOME funds if the housing does not meet the affordability requirements for the specified time period. bo The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their affordability for the minimum period. Monitoring procedures of the Subgrantee must be in accordance with HUD regulations. Page 3 of 11 (Attachment 1) 3. PROGRAM INCOME AND REPAYMENTS: All repayments, interest and other return on the investment of HOME funds shall be returned to the Grantee within 15 days of receipt by the Subgrantee. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee agrees to abide by the HUD conditions for HOME programs as set forth in 24 CFR part 92, the requirements of OMB Circular No. A-87 and the following requirements of 24 CFR part 85: 85.6, 85.12, 85.20, 85.22, 85.26, 85.32 - 85.34, 85.36, 85.44, 85.51, and 85.52. 5. PROJECT REQUIREMENTS: The Subgrantee shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as applicable, in accordance with the type of project assisted. 6. HOUSING QUALITY STANDARD; The Subgrantee shall include in all agreements with owners of rental housing assisted under this Agreement the provision that such units shall be maintained in compliance with applicable HUD Housing Quality Standards (HQS), Virginia Property Maintenance Code and the Grantee's Rental Certificate of Compliance program for the duration of the affordability period. The form of such Agreements between the Subgrantee and property owners shall be subject to approval by the Grantee. 7. OTHER PROGRAM REQUIREMENTS: The Subgrantee shall carry out each activity in compliance with all federal laws and regulations described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's responsibilities for environmental review in 24 CFR 92.352 and the intergovernmental review process in 24 CFR 92.357 does not apply. All proposals for HOME-assisted rehabilitation in the City shall 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 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. 8. AFFIRMATIVE MARKETING: As applicable, and in accordance with 24 CFR 92.351, the Subgrantee shall include in all agreements with the owners of rental housing the provision that the owners shall comply with the Grantee's Affirmative Marketing Procedures. 9. CONDITIONS FOR RELIGIOUS ORGANIZATIONS; The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any Page 4 of 11 (Attachment 1) activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, there shall be no religious or membership criteria for tenants of any HOME-assisted properties. 10. REQUESTS FOR DISBURSEMENTS OF FUNDS; Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed for reimbursement of costs incurred. bo Requests for funds shall be submitted to the Grantee's Office of Grants Compliance and shall include copies of the HOME Payment Certification Form(s) for the project and/or administrative costs to be reimbursed. As requested by the Office of Grants Compliance, the Subgrantee shall furnish copies of invoices or other documentation of the project and/or the administrative costs incurred. Upon approval of the request by the Grantee's Project Manager and/or Office of Grants Compliance, the Grantee shall disburse the funds to the Subgrantee. Ce All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in part 1.e., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 11. REVERSION OF ASSETS: Upon expiration of this Agreement, the Subgrantee must transfer to the Grantee any HOME funds on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds. 12. RECORDS AND REPORTS; The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: a° Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the applicable requirements of 24 CFR 92.508. (Note: See also part 4 above, including reference to 24 CFR 85.20 regarding standards for financial systems.) bo Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(c). Co Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 92.508(d). Page 5 of 11 (Attachment 1) ENFORCEMENT OF THE AGREEMENT; 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. bo The Subgrantee shall be liable for repayment of HOME funds expended on any project or activity which the Subgrantee terminates prior to completion without the prior written approval of the Grantee's Office of Grants Compliance. Co The affordability provisions referenced in part 2 of this Agreement shall be enforced by written covenant between the Subgrantee and all rental property owners or homebuyers as a condition of sale or participation in the HOME program. Covenants shall be recorded with the property deeds and deeds of trust. The form and content of such covenants are subject to approval by the Grantee. If affordability provisions are not met, the HOME subsidy shall be repaid to the Grantee in accordance with part 3 of this Agreement. In all cases where the Subgrantee provides HOME funds to for-profit owners or developers, nonprofit owners or developers, subrecipients, homeowners, homebuyers, tenants receiving tenant-based rental assistance, or contractors, the Subgrantee shall have a written agreement which meets the applicable requirements of 24 CFR 92.504. 14. DURATION OF THE AGREEMENT- For the purposes of monitoring affordability by the Subgrantee, this Agreement shall be in effect through the latest date on which any HOME-assisted unit under this Agreement is subject to the affordability requirements of 24 CFR 92.252 or 92.254, as applicable. However, should the Grantee not provide the Subgrantee administrative funding for such monitoring pursuant to this or any other agreement with the Subgrantee, the monitoring and record keeping requirements of this Agreement shall revert to the Grantee. In the event of such reversion, the Subgrantee shall promptly provide the Grantee all records and documents in the Subgrantee's possession pertinent to such monitoring. 15. MONITORING: At least annually, the Grantee shall review the Subgrantee's performance and financial and other records for compliance with the terms, conditions and expectations of this Agreement, and with applicable local, state and federal statutes, regulations, policies and procedures. b. The Subgrantee shall make on-site reviews of the activities of owners of rental housing which conform to the requirements of 24 CFR part 92.504(d)(1) COn-site inspections"). 16. ANNUAL AUDIT; The Subgrantee shall provide for an independent, annual audit of all HOME expenditures under this Agreement, in accordance with OMB Circular A-133. Two copies of the audit report shall be furnished to the Grantee within 30 days after completion of the audit. Page 6 of 11 (Attachment 1) ~7. TH]RD-P~TY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 18. ~ Each party to this Agreement shall indemnify and hold harmless the other, its officers, agents and employees, from any and all claims, liability, causes of actions, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of the party's intentional or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising under this Agreement, including without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. In the event that the parties are jointly or concurrently negligent, each shall indemnify and hold harmless the other party to the extent of its own negligence. 19. 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 HOME 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 themselves, their family or business associates, during their tenure or for one (1) year thereafter. 20. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. 21. AMENDMENTS This Agreement, including any Attachments and Exhibits, represents the entire agreement between the parties, which shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 22. GOVERNING LAW; This Agreement shall be governed by laws of the Commonwealth of Virginia. 23. AVAILABILITY OF FUNDS' HOME Investment Partnerships Program (HOME) funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. Page 7 of 11 (Attachment 1) 24. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By H. Wesley White, Jr., Dir. of Development By John P. Baker, Executive Director APPROVED AS TO HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney Page 8 of 11 (Attachment 1) APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Director of Finance Date Account # (See Attachment A. 1,) Page 9 of 11 (Attachment 1) 1998/99 RRHA HOME Contract Financial Accounts Attachment A. 1. Account # Project (035-090-) ~ Admin Total Carry-Over New Total 5302-5239 General Admin 19 19 5304-5239 General Admin * 33 33 5306-5239 General Admin 39,948 39.948 Subtotal 40,000 40,000 5303-5240 Down Paymem/Closing Costs * 4,913 0 4,913 4,913 5305-5240 Down Payment/Closing Costs * 18.587 0 18.587 18,587 Subtotal 23,500 0 23,500 23,500 5305-5333 Consolidated Rehab Loans * 169,395 169,395 169,395 5306-5333 Consolidated Loan Program 0 335.459 335.459 335.459 Subtotals 169,395 335,459 504,854 504,854 5303-5338 HOP Subsidy Program 8,135 8,135 8,135 5305-5338 HOP Subsidy Program * 15,399 15,399 15,399 5306-5338 HOP Subsidy Program 0 6.466 6.466 6.466 Subtotal 23,534 6,466 30,000 30,000 5302-5311 Gainsboro Lot Acquisition/Homeownership 36,664 0 36,664 36,664 5303-5311 Gainsboro Lot Acquisition/Homeownership 28.000 0 28.000 28.000 Subtotal 64,664 0 64,664 64,664 TOTALS 281,093 341,925 623,018 40,000 663,018 · Amounts shown for these items represem the unexpended balances in the accounts. Page 10 of 11 (Attachment 1) Pro_i # 205 207 208 209 210 211 212 T_vpe DPCC OOR OOR OOR OOR OOR OOR 1998/99 RRHA HOME Contract Carry-Over Projects Balance to Pay as of 6/30/98 Comments 3,500.00 54,400.00 20,000.00 14,995.00 35,000.00 25,000.00 20,000.00 Attachment A.2. Total $172,895.00 Page 11 of 11 (Attachment 1) Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File #5-277 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33935-072098 authorizing execution of an agreement between the City, Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for continuation of the Mounted Patrol Unit of the Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: R. Matt Kennell, President/Agent, Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget A..L. Gaskins, Chief of Police H:~AG ENDAg6~ULY20.WPO IN THECOUNCILFOR THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33935-072098. A RESOLUTION authorizing an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for the continuation of the Mounted Patrol Unit of the Police Department. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement with Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc., for the continuation of the Mounted Patrol Unit of the Police Department, as described in the City Manager's report to this Council dated July 20, 1998. 2. The form of the agreement which shall be substantially as set forth in the attachment to the City Manager's report shall be approved by the City Attorney. ATTEST: City Clerk. OUL.-I?'gBIFRI) 13:48 GIT¥ MANAGERS OFFIGE TEL:540 853 1138 P. O01 '98 JUL17 P2:10 re: Repor~ #98-21 Item Ol~ce of the Ci~/Mon(~ger July 20, 1998 Honorable Mayor and Members of City Council Roanoke, 'Virginia Subject: Agreement between thc City of Roanoke, Downtown Roanoke, Inc., and Roanoke Foundation for Downtown, Inc. Dear Mayor Bowers and Members of Council: I would like to provide additional information on the Council Report requesting City Council approval to enter into an agreement with Downtown Roanoke, Inc. (DR/) and thc Roanoke Foundation for Downtown, Inc. (Foundation) to provide $15,000 in financial support lbr the City of Roanoke's Mounted Patrol [ Init. The funds identified in this relx, n arc not for use by DR/or the Fotmdation, but are to be used to assist the Foundation to directly suplmrt the City of Roanoke's Mounted Patrol Unit. DRI and the Foundation have provided financial assistance through ftmd raising efforts to the Mounted Patrol Unit since 1993, and have established relationships with a variety of local vendors and suppliers. Because the Foundation is a charitable organization, many of these vendors provide services and suppUes for the Mounted Patrol Unit through DRI in-kind or at reduced prices. While DRI and the Foundation plan to continue to raise funds to assist with the needs of the Mounted Patrol, city ftmds are needed to assist with the routine costs associated with the day- to-day operations of this important unit of our police department. The Foundation has offered to continue to handle payment or the administrative expenses and I recommend that we continue this arnmgement. Thc $15,000 approved in the FY 1998199 budget will be used as follows: Mounted Patrol uniforms 5 officers $500 $2,500 Officer training 5 offio.~rs 300 tforsc tack and equipment 4 hor~e$ 200 Veterinarian services 12 months 25 300 I~oom.-~4 Muntcipc~South 215Churc13Avonua. S.W. r~oano~e. Vlrglnk3 2~0114591 (540)B53-2333 F^X(5~O)~,53-1138 CIIVWOD:~c roonoko,vo U~ 14:01 540 E~$3 113~ 937. P.Oi JUL,-17'981FRI) 13:49 CITY MANAGERS OFFICE TEL'540 853 1138 P. O02 Fa~TiCr $Crv~ccs Medicines Hrain Hay Stable RentaJ Elec~rici ty Supplies Stable AssJstam Stall shavings Conth~gcncy TOTAL: 12 months 12 months 208 $0 lb, bags 365 bales 12 months { 2 luonth$ 12 month~ 104 hours 12 350 25 tn-kind In-kind In-kind 100 50 15 4,200 300 0 0 ! ,200 60O ,560 24O ,800 $15,001 As outlined in the Council Report, I rccommcnd that we enter into an agrcement with DRI and the Foundation. I trust that the additional iuformation that I have provided will assist you in the evaluation o£ the recommendation. I would be happy to address any queslion$ or concerns that you have. cc; Mary Parker, City Clerk James D. O,'isso, Director of Finance George C. Snead, Director of Public Safety Diane Akcrs, Budget Achninistrator Respectfully, W. Robert Herbert City Manager JUL-i?-i~J8 14:01 540 853 1138 P.OZ ~oanoke, Virginia July21~tl9,gS~ 16 P3:53 98-21 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Agreement between the City of Roanoke and Downtown Roanoke, Inc. and Roanoke Foundation for Downtown, Inc. for the City of Roanoke Mounted Patrol Unit II. Background: The Roanoke City Police Department's Mounted Patrol Unit was formed in partnership with Downtown Roanoke, Inc. (DRI) in September, 1993. DR[ formed a separate not-for-profit tax exempt organiTation.. Roanoke Foundation for Downtown, Inc. (Foundation) to assist DR[ to raise funds for the Mounted Patrol Unit. As of June 30, 1998, DR[ and the Foundation have fulfilled their original commitment to the Ci.ty by providing five years of financial assistance for the Mounted Patrol Unit. Current Situation: Ci_ty Council authorized $15,000 as part of the FY 1998-99 Adopted General Fund budget, for expenses associated with the operation of the Police Department's Mounted Patrol Unit. Funds for the Mounted Patrol Unit need to be provided to the Foundation. to continue to provide funding for the expenses associated with the Mounted Patrol Unit most effectively and without interruption. The attached administrative agreement is necessary_ for the funds to be obligated to the Foundation. The agreement shall be for the time period of July 1, 1998 through June 30, 1999 and shall be renewable for two successive terms of one year each. The agreement requires the Ci_ty to indemnify_ the Foundation and DRI if City employees or agents are guilty of negligent or intentional acts with respect to the III. agreement. Issues: IV. A. Cost to the Ci_ty B. Funding C. Timing D. Administrative Requirements Alternatives: Bo Adopt a resolution authorizing the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest, the attached agreement and amendments thereto, if necessary, with Downtown Roanoke Inc. and Roanoke Foundation for Downtown, Inc., approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. 1. Cost to the City will be $15,000. 2. Funding is available in account number 001-002-7220-3696. Timing is important. Execution of this Agreement will permit continuous operation of the Mounted Patrol Unit. Administrative requirements will be met. The Agreement contains the necessary administrative procedures needed for financial accountability. Do not adopt a resolution authorizing the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest, the attached agreement and amendments thereto, if necessary, with Downtown Roanoke Inc., and Roanoke Foundation for Downtown, Inc., approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. 1. Cost to the Ci_ty will be nothing. 2. Funding will remain available. Timing would be an issue. Continuous operation of the Mounted Patrol Unit could be disrupted. Members of Council Page 3 4. Administrative requirements would not be an issue. V. Recommendation: It is recommended that City Council concur in alternative A and authorize the City Manager, or the Assistant City Manager, to execute, and the City Clerk to attest, the attached agreement and amendments thereto, if necessary, with Downtown Roanoke Inc, and Roanoke Foundation for Downtown, Inc., approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. Respectfully submitted, W. Robert Herbert City Manager WRH/LSS Attachment CCi Assistant City Manager City Attorney Director of Finance Director of Public Safety Office of Management and Budget Chief of Police AGREEMENT THIS AGREEMENT by and between THE CITY OF ROANOKE, VIRGINIA, a municipal corporation organized under the laws of the Commonwealth of Virginia ("City"), ROANOKE FOUNDATION FOR DOWNTOWN, INC., anon-stock corporation organized under the laws of the Commonwealth of Virginia ("Foundation") and DOWNTOWN ROANOKE, INCORPORATED, a non-stock corporation organized under the laws of the Commonwealth of Virginia ("DRI") is dated July 1, 1998, for identification. WHEREAS, the parties to this Agreement desire that City maintain a mounted patrol unit ("Unit") within the Police Department of City to serve the residents of City; and, WHEREAS, Foundation is willing to contribute to the extent provided herein to the well- being of the unit, and, WHEREAS, DRI agrees to assure Foundation's performance of its duties and responsibilities arising under this agreement for the term of this agreement; NOW THEREFORE, the parties agree as follows: 1. The term of this Agreement shall be for one (1) year, commencing July 1, 1998, and ending on June 30, 1999. This Agreement shall automatically renew for two (2) successive terms of one year each unless any party shall provide to the other parties, at least 60 days prior to the end of the initial term or any renewal term, written notice of the notice giver's intent not to renew the Agreement. 2. The Foundation shall have no responsibility for the payment or reimbursement of any expense incurred hereunder except from funds provided by the annual operating subsidy. 3. Prior to July 1 of each year that this Agreement is in effect, City will prepare an annual operating budget for the next fiscal year. The City will be responsible for all operating expenses in excess of the operating subsidy unless expressly approved by the Foundation. 4. City shall provide the Foundation an annual operating subsidy of$15,000. As and to the extent such operating subsidy is received, the Foundation will pay all mounted patrol expenses as submitted by City, excluding the officer's salaries and benefits and ordinary police equipment and uniforms. All decisions as to goods and services to be purchased with operating subsidy funds are solely the responsibility of City, and the Foundation shall have no liability or responsibility for the goods and services purchased. 5. The parties recognize that the Unit shall be under the operational control of City and that the horses and all equipment donated to City shall be the sole property of City. City agrees to indenmify and hold harmless Foundation and DRI, their respective officers, agents, and employees, from claims arising out of City's intentional or negligent acts or omissions with respect to this Agreement. 6. In the event that Foundation fails or refuses to perform its duties hereunder, City shall, within 45 days of Foundation's failure or refusal of performance, give DRI written notice of such failure or refusal of performance which notice shall completely and accurately describe the duty and the nature of the Foundation's refusal or failure of performance. Within 30 days of receipt of such notice, DRI shall undertake to perform or cause the performance of the said duty of Foundation. No funds received from the service district tax shall be expended for purposes of this Agreement. 7. Any and all notices, requests or demands given or required to be given under this Agreement shall be in writing and mailed by registered or certified mail, return receipt requested, postage prepaid, or hand-delivered to the other party. Notice to the City shall be provided to City Manager, 364 Municipal Building, Roanoke, Virginia 24011. Notice to Foundation or to DRI shall be provided to President, Downtown Roanoke Incorporated, 310 First Street, SW, Roanoke, Virginia 24011. 8. In the performance of this Agreement, Foundation and DRI shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment, or invitee, because of race, religion, color, sex, or national origin, except where race, religion, color, sex, or national origin is a bona fide qualification reasonably necessary to the normal operation of the party. 9. By August 31 after each year this Agreement is in effect, DRI shall make available to appropriate City personnel an accounting of fiscal year expenditures of those funds included in this Agreement. Upon request of the City, DRI shall provide the City with an annual audited financial statement for the Foundation. 2 10. This agreement shall not be amended or modified unless such amendment or modification is set forth in a written instrument executed by all parties to this agreement. ATTEST: CITY OF ROANOKE: Mary F. Parker, City Clerk By: Its: ROANOKE FOUNDATION FOR DOWNTOWN, INC. Witness By: DOWNTOWN ROANOKE INCORPORATED Lisa Boone Administrative Assistant By: Its: 3 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- i 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 23, 1998 File ~.414 SANDRA H. EAKIN Deputy City Clerk Brian J. Wishneff, Acting Executive Director Roanoke Higher Education Authority 1010 First Union Building 213 South Jefferson Street Roanoke, Virginia 24011 Dear Mr. Wishneff: I am enclosing copy of Resolution No. 33936-072098 authorizing the Director of Finance to serve as the temporary Fiscal Agent for the Roanoke Higher Education Authority. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc; James D. Grisso, Director of Finance W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects H:~AGENDAg~,JULY2~.WI~O Mary F. Parker, CMC/AAE Cay Ck~k CITY OF ROANOKE Office of the City Clerk July 23, 1998 File tf.414 ~ndm H. Eakin Deputy City Clerk Wilburn C. Dibling, Jr. City Attorney 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, July 20, 1998, on motion, dulY seconded and unanimously adopted, you were authorized to serve as temporary Attorney and temporary Treasurer, respectively, for the Roanoke Higher Education Authority. Sincerely, ~ Mary F. Pa~ker, CMCIAAE City Clerk MFP:Io pc: Bdan J. Wishneff, Acting Executive Director, Roanoke Higher Education Authority, 1010 First Union Building, 213 South Jefferson Street, Roanoke, Virginia 24011 W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Deborah J. Moses, Assistant to the City Manager for Special Projects H:~AGENDAGS~J ULY20.WPO Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File ff.414 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 1998, you were requested to compile a list of in-kind contributions of legal and financial services provided by the City to the Roanoke Higher Education Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney H:~AGENDAg~JULY20.WPO Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File ff.414 Sandra H. Eakin Deputy City Clerk Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 1998, Council Member Swain requested specific information on the Roanoke Higher Education Authority, viz: membership, localities represented, etc. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io H:~AGENDA98~ULY20.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of 3uly, 1998. No. 33936-072098. A RESOLUTION authorizing the Director of Finance to serve as the temporary Fiscal Agent for the Roanoke Higher Education Authority. WHEREAS, the Roanoke Higher Education Authority (Authority) has been established by Chapter 813 of the 1997 Acts of Assembly, as amended by Chapters 45, 55 and 360 of the 1998 Acts of Assembly; WHEREAS, the Authority, a political subdivision of the Commonwealth, is responsible for expanding access to higher education and workforce training in the Roanoke Valley by establishing the Roanoke Higher Education Center with such funds as are appropriated or made available for this purpose; WHEREAS, the Board of the Trustees of the Authority held its organizational meeting on July 16, 1998, and by motion duly adopted at such meeting, the Board of Trustees requested that the City's Director of Finance serve as temporary Fiscal Agent for the Authority; and WHEREAS, this Council is desirous of cooperating with and supporting the Authority as it undertakes its critical work; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is hereby authorized to serve as the temporary Fiscal Agent for the Authority. In such capacity, the Director of Finance shall have charge and custody of all the Authority's funds and shall invest and deposit them when authorized by the Authority. 2. The Director of Finance shall keep suitable records of all financial transactions of the Authority and shall at all reasonable times exhibit such records to any member of the Board or any other person pursuant to the Virginia Freedom of Information Act. 3. The Director of Finance shall produce checks for expenses of the Authority. Such checks shall be created and issued upon the written request of the Authority's Chairperson or his or her designee in writing. Such checks shall bear the mechanical signature of the City Manager and the Director of Finance. 4. The Director of Finance shall have authority to establish a discrete participating account or agency fund within the City of Roanoke's accounting system and receive such funds of any type which have been designated for the Authority. Funds established in this account shall earn interest based upon the accounts daily cash balance, all in accordance with standard operating and accounting procedures of the City of Roanoke Consolidated Account. 5. The Director of Finance shall be authorized to make a periodic statement of receipts and disbursements available to the Chairperson of the Authority or his or her designee upon request to the Director of Finance. 6. The City Clerk is directed to forward an attested copy of this Resolution to the Acting Executive Director of the Authority. ATTEST: City Clerk. The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia July 20, 1998 Report No. 98-22 '98 JfJl. ld P3:53 Dear Mayor Bowers and Members of Council: Subject: Request for the City of Roanoke to Serve as Temporary Fiscal Agent for the Roanoke Higher Education Authority BACKGROUND 1997, Vir,qinia General Assembly adopted Chapter 813 of the 1997 Acts of Assembly establishing the Roanoke Higher Education Authority to be effective July 1, 1998. Bo The Roanoke Higher Education Authority("Authority') is responsible for expanding access to higher education and workforce training in the Roanoke Valley by establishing the Roanoke Higher Education Centerwith such funds as are appropriated or made available for this purpose. 1998 Virginia General Assembly approved $5,379,000 during the first year of the biennium for the Authority to establish the Roanoke Higher Education Center and provided $62,500 in FY98-99 and in FY99-00 each for operations of the Authority. II CURRENT SITUATION July 16, 1998, the Authority held an organizational meeting and recommended that a formal request be made to the City of Roanoke to appoint the Director of Finance to serve as a temporary fiscal agent for the Authority. The Director of Finance shall have the authority to establish a discrete participating account or agency fund within the City of Roanoke's Accounting System and to receive such funds of any type which have been designated for the Authority. The Honorable David A. Bowers, Mayor and Members of City Council July 20, 1998 Page Two Co Eo Fo Funds established in this account shall earn interest based upon the accounts average daily cash balance, all in accordance with the standard operating and accounting procedures of said City of Roanoke Consolidated Account. The City shall have charqe and custody of all funds and will make such funds available to the Authority or its designee upon written request from the Chairman of the Authority. The Director of Finance shall produce checks for expenditures of the Authority and shall create such checks only upon the written request of the Chairman of the Roanoke Higher Education Authority or his designee as appointed in writing. A monthly statement of receipts and disbursements may be made available to the Chairman of the Authority upon request to the Director of Finance. III. ISSUES A. Funding B. Legal C. Timing IV. ALTERNATIVES City Council authorize the Director of Finance to serve as a temporary fiscal agent for the Roanoke Higher Education Authority. Funding from all sources, including that which was approved by the Virginia General Assembly, will be made available to the Authority for the purpose of establishing the Higher Education Center and to operate the Authority. The Honorable David A. Bowers, Mayor and Members of City Council July 20, 1998 Page Three Legal requirements of the Commonwealth of Virginia will be met. Timing is critical in order for the Authority to be established and to begin its work to establish the Higher Education Center. City Council not authorize the Director of Finance to serve as a temporary fiscal agent for the Roanoke Higher Education Authority. Funding that is critical to the establishment and operation of the Authority will be delayed. B. Legal requirements of the Commonwealth will not be met. Timing will be disrupted for the Authority to be established itself and to begin work on the establishment of the Center. V. RECOMMENDATION City Council concur in Alternative A to authorize the Director of Finance to serve as a temporary fiscal agent for the Roanoke Higher Education Authority. Respectfully Submitted City Manager WRH/DJM/rw Attachment cc: Director of Finance City Attorney Manager, Office of Management and Budget Assistant to the City Manager, Special Projects ROANOKE HIGHER EDUCATION AUTHORITY July 16, 1998 Mr. James D. Grisso Director of Finance City of Roanoke 215 Church Avenue Roanoke, VA 24011 REF: Roanoke Higher Education Authority Dear Jim, The Roanoke Higher Education Authority Board met this week to discuss necessary activities for the Education Center to open on the projected date of September, 2000. Much work has to be done to meet this ambitious opening date including providing the State of Virginia with the proper documents to allow for' a release of funds and for the Authority to contract with an architect. All of these activities require that we have a proper fiscal system in place° Given the City of Roanoke's's expertise in this area, it would be very helpful to the Authority if you could act as the Authority's fiscal agent on a temporary basis. I appreciate your thoughtful consideration of this request. Please let me have your thoughts on this at your earliest convenience. Sincerely, Brian Wishneff 1010 FIRST UNION BLDG., 213 JEFFERSON ST. · ROANOKE, VA 24011 · (540) 982-1317 · (540) 982-1568 F~X maiIOed~ority, org, www. edauthority, org Mary F. Parker, CMCIAAE c~y Ck, rk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File #27-60-405-468 · andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33939-072098 authorizing a contract with Hayes, Seay, Mattern & Mattem, Inc., for engineering services needed for the Garden City Phase 3 Drainage Project, in the amount of $119,548.00, as more fully described in a report of the City Manager under date of July 20, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: T. Howard Noel, President, Hayes, Seay, Mattern & Mattem, Inc., 1315 Franklin Road, S. W., Roanoke, Virginia 24016 The Honorable Sherman A. Holland, Commissioner of the Revenue William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations H:~.GENDAg~dULY20.WPO W. Robert Herbert July 23, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDAgS~JULY20.WPD IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33939-072098. A RESOLUTION authorizing a contract with Hayes, Seay, Mattem & Mattem, Inc., engineering services needed for the Garden City Phase 3 Drainage Project. for THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hayes, Seay, Mattem & Mattern, Inc., in the amount of$119,548 for the preparation of plans and engineering services for the Garden City Phase 3 Drainage Project as described in the City Manager's report to this Council dated July 20, 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 July 20, 1998. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y Cbrk CITY OF ROANOKE Office of the City Clerk July 23, 1998 File #27-60-405-468 ~andra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33938-072098 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 Garden City Phase 3 Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations H:~AGENDAgSUULY20.WPO W. Robert Herbert July 23, 1998 Page 2 pc: Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDAQSMULY20.WI:~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 1998. No. 33938-072098. 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 Garden City Phase 3 Drainage Projects; 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 $135,500 appropriated by an ordinance simultaneously adopted by the City Council on July 20, 1998, for certain expenditures to be made in connection with the Garden City Phase 3 Drainage Projects 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 mount 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 Garden City Phase 3 Drainage Projects $600,000. 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. H :/meaaur~R-iraent. 14 CITY OF R OA NOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk Sandra H. Eakin Deputy City Clerk July 23, 1998 File #27-60-405-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33937-072098 amending and reordaining certain- sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation of $135,500.00, in connection with a contract with Hayes, Seay, Mattern and Mattern, Inc., for engineering design of the Garden City Phase 3 Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: The Honorable Sherman A. Holland, Commissioner of the Revenue W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Delores C. Daniels, Assistant to the City Manager for Community Relations Charles M. Huffine, City Engineer H:~AGENDAg~JULY20.WPD James D. Grisso July 23, 1998 Page 2 pc: Ellen S. Evans, Construction Cost Technician Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget H:',AG ENDAg~JULY20.W PO IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 1998. No. 33937-072098. AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Garden City Phase 3 Drainage Project (1) ...................... Capital Improvement Reserve Public Improvement Bonds - Series 2000 (2) .................... $ 1,497,808 135,500 $ 3,326,960 (2,805,488) 1) Appropriated from Bond Funds 2) Storm Drains (008-052-9692-9001) (008-052-9709-9176) $ 135,500 (135,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. "98 JfiL]d A9:12 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: GARDEN CITY PHASE 3 DRAINAGE PROJECT July 20, 1998 Council Report No. 98-155 Background on the subject in chronological order is as follows: The Garden City Neighborhood experienced extensive floodinq on June 28,1995. A task force made up ,of neighborhood citizens and Public Works Department representatives was formed to study the flooding problems in this neighborhood and review possible solutions. The task force recommended a ten-phase stormwater management plan for the Garden City Neighborhood. Phases 1 (two bridge replacements) and Phase 2 (the Garden City Hazard Mitigation Grant Program) are currently being completed. Bo Several significant draina.qe problems have existed for many years along the Garnand and Gum Spring Branches located in the Garden City Nei.qhborhood, SE. As this watershed had not been included in the Roanoke Valley Regional Stormwater Management Plan, it is proposed to be studied and modeled under this contract for incorporation into the Regional Plan. A significant portion of the design work in this Phase 3 contract will be for the stormwater modeling of this area in conformance with the standards developed by the Regional Plan. The Garden City Phase 3 Drainage Proiects are included in the Capital Improvement Pro.qram (CIP), approved by City Council on July 21, 1997. These projects received a high priority rating and funding was established in the 1997 Bond Referendum. I1. Current situation is as follows: A° City Council is requested to appropriate funds for the Garden City Phase 3 Drainage Project design. An advertisement for consultant services for the Desiqn for Various Stormwater Management Projects was published in the January 4, 1998, issue of The Roanoke Times and in the January 8, 1998, issue of The Roanoke Tribune. Eleven firms responded to the request for proposals and Hayes, Seay, Mattern & Mattern, Inc., was selected to perform design services for the Garden City Phase 3 Drainage Project. The proposed contract with Hayes, Seay, Mattern & Mattern, Inc., provides for an enqineerin.q design of the Garden City Phase 3 Draina.qe Proiect to stay H:\USER~ENGGJR\COUNCIL\GC3 WPD Honorable Mayor and Members of City Council GARDEN CITY PHASE 3 DRAINAGE PROJECT July 20, 1998 Page 2 within the construction and property rights acquisition budget of $464,500. The engineering design will replace the undersized street culverts on Yellow Mountain Rd. and Garden City Blvd. and construct improvements to Gum Spring Branch upstream from Garden City Blvd., as allowed within budgetary constraints. The proposal from Hayes, Seay, Mattern & Mattern, Inc. for the professional design services necessary for this project is $119,548. Adding a 5% contingency for potential scope of work changes in project design would bring the total appropriation to $125,500. This design fee does represent a larger percentage of the construction budget than is typical for a standard engineering contract. The primary reason for this higher than usual fee is the additional scope of work included in this particular design contract. Approximately $45,000 of this contract will be used for hydrologic modeling of this watershed and analysis of potential regional detention options. This modeling will assure the City that the most cost effective options are selected to address the flooding in this area. This modeling will also provide an analysis of the channel and bridges in this watershed at the same level of detail provided by the Roanoke Valley Regional Stormwater Management Plan. This additional detail will provide the basis for future stormwater management projects in this watershed, such as the bridge replacements at Bandy Rd, and Riverland Rd. and channel improvements from Hartsook Blvd. to Bandy Rd. Unless this analysis is performed, future projects in this watershed cannot be accurately defined, compared or prioritized within the city-wide drainage program. As the City does not yet have digital topographic mapping from the Corps of Engineers in this area, an additional $10,000 will be needed to provide Hayes, Seay, Mattern & Mattern, Inc. with the required mapping for this project. This required mapping will be provided under an existing contract with Lumsden Associates, P. C. Therefore, the total funding needed for design and mapping will be $135,500. III. Issues in order of importance are as follows: A. Public Safety B. Fundin.q C. Schedules H:\USER~ENGGJR\COUNCIL\GC3.WPD Honorable Mayor and Members of City Council GARDEN CITY PHASE 3 DRAINAGE PROJECT July 20, 1998 Page 3 IV. Alternatives in order of feasibility are as follows: A. City Council appropriate $135,500 to an account entitled "Garden City Phase 3 Drainage Project" for engineering design and mapping. 1. Public safety will be improved with construction of the proposed drainage improvements. ~ 2. Funding is available in the Storm Drain Category of the 1997 Bond Referendum and may be appropriated to an account to be entitled "Garden City Phase 3 Drainage Project." 3. Schedules for the construction of the proposed improvements will be expedited by having a consultant perform the design. B. City Council does not appropriate $135,500 to an account entitled "Garden City Phase 3 Drainage Project" for engineering design and mapping. 1. Public safety will not be improved with construction of the proposed drainage improvements. 2. Funding will remain available. 3. Schedules for the construction of the proposed improvements will be delayed. Recommendation is that City Council concur in Alternative A, and take the following specific action: Appropriate $135,500 from the Public Improvement Bonds Series 2000, account number 008-052-9709-9176 to an account entitled "Garden City Phase 3 Drainage Project" Bo Adopt a resolution indicating the City's intent to reimburse itself when the Series 2000 bonds are issued. Authorize the City Manager to enter into a contractual agreement with Hayes, Seay, Mattern & Mattern, Inc. to provide for an engineering design of the Garden City Phase 3 Drainage Projects in the amount of $119,548. The required digital mapping will be provided by Lumsden Associates, P. C. under a separate agreement which the City Manager already has authority to enter into. H:\U SER~ENGGIR\COUNCIL\GC3 WPD Honorable Mayor and Members of City Council GARDEN CITY PHASE 3 DRAINAGE PROJECT July 20, 1998 Page 4 Respectfully submitted, W. 'Robert Herbert City Manager WRH/JGR/jgr Attach: Location Map C; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Commissioner of Revenue H:\U SER~ENGGJR\COUNCIL\GC 3. WPD MI L m GARNAND BRANCH ~/ATERSHED PHASE I I I SCALE' = 600' 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 July 23, 1998 File ~60-468-472 General Chemical Corporation Jones Chemicals, Inc. Eaglebrook, Inc. Control Equipment Co., Inc. Alchem, Inc. Prillaman Chemical Corporation Southchem, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 33940-072098 accepting your bids for water and sewage treatment chemicals for fiscal year 1998-1999, and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, /~ pa4~er,~MCiAAE Ma~/F. City Clerk MFP:Io Enclosure pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Steven L. Walker, Manager, Water Pollution Control Plant D. Darwin Roupe, Manager, Supply Management Barry L. Key, Manager, Office of Management and Budget H:~AG EN DAg61JULY20.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 July 23, 1998 File ~60-468-472 SANDRA H. EAKIN Deputy City Clerk Delta Chemical Corporation P. B. & S. Chemical Co., Inc. Gulbrandson Manufacturing, Inc. Lucier Chemical Industries, Ltd. Pro Chem Technologies, Inc. GEO Specialty Chemicals Old Wodd Industries, Inc. George S. Coyne Chemical CO., Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 33940-072098 accepting the bids of General ChemicaL corporation, Alchem, Inc., Jones Chemicals, Inc., Pdllaman Chemical Corporation, Eaglebrook, Inc., Southchern, Inc., and Control Equipment Company, Inc., for water and sewage treatment chemicals for fiscal year 1998-1999, and rejecting all other bids received by the City. The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed chemicals. Sincerely, Mary , City Clerk MFP:Io Enclosure H:~AGENDAg~J ULY20.~O IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 20th day of July, 1998. No. 33940-072098. A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year 1998-1999, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described as needed for the period July 1, 1998, to June 30, 1999, such items being more particularly described in the report of the City Manager to this Council dated July 20, 1998, and in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the unit purchase prices set out with each item: Item # Description Successful Bidder Purchase Price 1 a. Liquid Alum Carvins Cove General Chemical Corporation $ .365715 per gallon 1 b. Liquid Alum Falling Creek Alchem, Inc. $ .378516 per gallon 2 Liquid Chlorine Jones Chemicals, Inc. 150 lb. cylinders $17.60 per cwt 2,000 lb. cylinders $13.575 per cwt 3 Sodium Fluoride Prillaman Chemical Corp. $ .645 per lb. 4 Ferric Chloride Eaglebrook, Inc. $ .4633 per gallon 5 Sulfur Dioxide Jones Chemicals, Inc. $366.81 per cylinder 6 Sodium Hydroxide Pfillaman Chemical $.91 per gallon - Corporation Carvins Cove $. 1.05 per gallon - Falling Creek $1,000 refundable bin deposit 7 Hydrofluosilica Acid Prillaman Chemical $ .64 per gallon Corporation 8 Sodium Bi-Sulfite Pfillaman Chemical Corp. $1.02 per gallon $50 refundable container deposit 9 Orthophosphate Southehem, Inc. $3.76 per gallon 10 Polymer Praestol Control Equipment Company, $3.741 per gallon Inc. 11 Polymer, Cat Floc-TL Southchem, Inc. $4.51 per gallon 12 PASS Control Equipment Company, $4.371 per gallon Inc. 2. The City's Manager of Supply Management is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk. Roanoke, Virginia July 20, 1998 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Water and Waste Water Treatment Chemicals for FY '98-'99 I. Backqround on the subject in chronological order is: Funds are designated in FY '98-'99 operating budgets for Water and Water Pollution Control Departments to allow for the purchase of necessary chemicals to be used in their operations. Bid request, with specifications were specifically sent to twenty-one (21) chemical vendors that are currently on the City's bid list. A public advertisement was posted on the City's bid board and also published in The Roanoke Times and The Roanoke Tribune. Bids were received., after due and proper advertisement, and all bids appropriately received by 2:00 p.m. on June 12, 1998, were publicly opened and read by the Manager of Supply Management. The chemicals requested in the bids were to be bid with prices firm for a One (1) year period. Anticipated cost of these chemicals on an annual basis, if purchases are made of the estimated quantities would be: Water Fund: Sewage Fund: $317,710.00 $195,922.00 I1. Current Situation is: A. A tabulation on all bids received is attached. Water and Waste Water Treatment Chemicals Page 2 All bids were evaluated in a consistent manner by representatives of the following departments: Utilities & Operations Supply Management Water Department Water Pollution Control Department No Vendor responded to all requested products. The evaluation results of the bid responses received are as follows: 1. Liquid Alum: For Carvins Cove Facility - The lowest bid submitted by General Chemical Corporation of Parsippany, N.J., meets all required specifications for a cost of $.365715 per gal. bo For Falling Creek Facility - The lowest bid submitted by Alchem, Inc. of Rockwell, N.C. meets all required specifications for a cost of $.378516 gal. Liquid Chlorine - The lowest bid, submitted by Jones Chemicals, Inc. of Milford, Virginia, meets all required specifications for a cost of $17.60 per cwt. on 150 lb. cylinders and $13.575 per cwt. on 2,000 lb. cylinders. Sodium Fluoride - The lowest bid, submitted by Prillaman Chemical Corporation of Suffolk, Virginia, meets all required specifications for a cost of $.645 per lb. Ferric Chloride - The lowest bid, submitted by Eaglebrook, Inc. of Schererville, IN., meets all required specifications for a cost of $.4633 per gal. Sulfur Dioxide - The lowest bid, submitted by Jones Chemicals, Inc of Milford, Virginia, meets all required specifications for a cost of $366.81 per cylinder. Water and Waste Water Treatment Chemicals Page 3 Sodium Hydroxide - The lowest bid, submitted by Prillaman Chemical Corporation of Suffolk, Virginia, meets all required specifications for a cost of $.91 per gal. to the Carvins Cove Facility and $1.05 per gal. to the Falling Creek Facility. This bid also requires a $1,000 bin deposit which is reimbursable upon its return. III. Hydrofluosilica Acid - The lowest bid, submitted by Prillaman Chemical Corporation of Suffolk, Virginia, meets all required specifications for a cost of $.64 per gal. Sodium Bi-Sulfate - The lowest bid, submitted by Prillaman Chemical Corporation of Suffolk, Virginia, meets all required specifications for a cost of $1.02 per gal. This bid also requires a $50 container deposit which is reimbursable upon its return. Orthophosphate - The lowest bid, submitted by Southchem, Inc., meets all required specifications for a cost of $3.76 per gal. 10. Polymer Praetol - The lowest bid, submitted by Control Equipment Company, Inc. of Salem, Virginia meets all required specifications for a cost of $3.741 per gal. 11. Polymer, Cat. Floc - TL - The lowest bid, submitted by Southchem, Inc. of Bedford, Virginia, meets all required specifications for a cost of $4.51 per gal. 12. PASS - The only bid received for this product, submitted by Control Equipment Company, Inc. of Salem, Virginia, meets all required specifications for a cost of $4.371 per gal. Issues in order of importance are: A. Need B. Compliance with specifications C. Funding Water and Waste Water Treatment Chemcials Page 4 IV. Alternatives in order of feasibility are: A. City Council accept the lowest responsible bids for supplying to the City required Water and Waste Water Treatment Chemicals for FY '98-'99 as follows: 1. Liquid Alum from General Chemical Corporation for the Can/ins Cove Facility at a cost of $.365715 per gal. and from Alchem, Inc. for the Falling Creek Facility at a cost of $.378516 per gal. 2. Liquid Chlorine from Jones Chemicals, Inc. for a cost of $17.60 per cwt. for 150 lb cylinders and $13.575 per cwt. for 2,000 lb. cylinders. 3. Sodium Fluoride from Pritlaman Chemical Corporation for a cost of $.645 per lb. 4. Ferric Chloride from Eaglebrook, Inc. for a cost of $.4633 per gal. 5. Sulfur Dioxide from Jones Chemicals, Inc. for a cost of $366.81 per cylinder. 6. Sodium Hydroxide from Prillaman Chemical Corporation for a cost of $.91 per gal. for Can/ins Cove and $1.05 per gal. for Falling Creek. 7. Hydrofluosilica Acid from Prillaman Chemical Corporation for a cost of $.64 per gal. 8. Sodium Bi-Sulfate from Prillaman Chemical Corporation for a cost of $1.02 per gal. 9. 0rthophosphate from Southchem, Inc. for a cost of $3.76 per gal. 10. Polymer Praetol from Control Equipment Company, Inc. for a cost of $3.741 per gal. 11. Polymer Cat-Floc, TL from Southchem, Inc. for a cost of $4.51 per gal. Water and Waste Water Treatment Chemicals Page $ 12. PASS from Control Equipment Company, Inc. for a cost of $4.371 per gal. Need for the requested chemicals is to allow for the appropriate treatment of water and waste water. Compliance with specifications are met by all vendors recommended in this alternative. Funding is available in the Water Department and Water Pollution Control Department FY '98-'99 operating budgets. B. Reject all bids Need for necessary water and waste water treatment would not be accomplished by this alternative. Compliance with specifications would not be a factor in this alternative. Funding budgeted and designated for the purchase of water and waste water treatment chemicals would not be expended at this time with this alternative. Recommendation City Council concur with Alternative "A" and accept the lowest responsible bids for Water and Waste Water Treatment Chemicals as follows: Liquid Alum from General Chemical Corporation for the Carvins Cove Facility at a cost of $.365715 per gal. and from Alchem, Inc. for the Falling Creek Facility at a cost of $.378516 per gal. Liquid Chlorine from Jones Chemicals, Inc. for a cost of $17.60 per cwt. for 150 lb. cylinders and $13.575 per cwt. for 2,000 lb. cylinders. Sodium Fluoride from Prillaman Chemical Corporation for a cost of $.645 per lb. Water and Waste Water Treatment Chemcials Page 6 CCZ 4. Ferric Chloride from Eaglebrook, Inc. for a cost of $4633 per gal. Sulfur Dioxide from Jones Chemicals, Inc. for a cost of $366.81 per cylinder. Sodium Hydroxide from Prillaman Chemical Corporation for a cost of $.91 per gal. for Carvins Cove and $1.05 per gal. for Falling Creek. Hydrofluosilica Acid from Prillaman Chemical Corporation for a cost of $.64 per gal. Sodium Bi-Sulfate from Prillaman Chemical Corporation for a cost of $1.02 per gal. 9. Orthophosphate from Southchem, Inc. for a cost of $3.76 per gal. 10. Polymer Praetol from Control Equipment Company, Inc. for a cost of $3.741 per gal. 11. Polymer Cat-Floc, TL from Southchem, Inc. for a cost of $4.51 per gal. 12. PASS from Control Equipment Company, Inc. for a cost of $4.371 per gal. Reject all other Bids. Respectfully Submitted, erbert, City Manager City Attorney City Clerk Director of Finance Director of Utilities & Operations Manager, Water Department Manager, Water Pollution Control Plant Manager, Supply Management Management & Budget Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Liquid Alum Bid Number 98-6-1 Alchem, Inc. GEO Prochem General Delta Prillaman Specialty Technologies Chemical Chemical Chemical Chemicals Corporation Corporation Corporation Furnish and deliver F.O.B. Carvins Cove Filter Plant, Liquid Alum in 3,500 gallon tanker load lots as and when requested. Est. 168,000 gals. $378516 gal. $.43417 gal. $.80 gal. * $.365715 gal. $.4923 gal. $.49 gal. Furnish and deliver F.O.B. Falling Creek Filter Plant, Liquid Alum. Est. 3,700 gals. Delivery * $.378516 gal. $.43417 gal. $1.50 gal. N/B N/B 3 Days 2-3 Days I Day 1-2 Days 2-3 Days $.68 gal. 1-2 Days Committee: Kit B. Kiser ~ Jesse H. Perdue,~r. * Indicates Recommendation D. Darwin Roupe Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Liquid Chlorine Bid Number 98-6-2 P. B. & S. Chemical Company, Inc. Jones Chemicals, Prillaman Chemical Inc. Corporation Water Department 170 - 150 lb. Cylinders 102 - 2,000 lb. Cylinders $34.00 cwt. $17.35 cwt. * $17.60 cwt. * $13.575 cwt. $30.00 cwt. $13.70 cwt. Water Pollution Control Plant 140 - 1 ton Cylinders $17.35 cwt. * $13.575 cwt. $13.70 cwt. Delivery 1-3 Days 1-2 Days 1-2 Days Committee: Kit B. Kiser *Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Sodium Fluoride Bid Number 98-6-3 Prillaman Chemical Corporation Southchem, Inc. Furnish and deliver F.O.B. Crystal Springs Filter Plant 2006 S. Jefferson Street, Sodium Fluoride in 50 lb. multi-wall bags. Est. Quantity 13,000 lbs. * $.645 lb. $.72 lb. Delivery 1-2 Days 2-3 Days Committee: Kit B. Kiser lesse H. Perdue, ~ * Indicates Recommendation D. Darwin Roupe Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Ferric Chloride Bid Number 98-6-4 Southchem, Eaglebrook, Prillaman Gulbrandsen Inc. Inc. Chemical Company, Corporation Inc. Furnish and deliver, F.O.B. Sewage Treatment Facility Ferric Chloride (35%) Est. Quantity 230,000 gals. $.589 gal. * $.4633 gal. $.50 gal. $.52 gal. Delivery 2-3 Days 1-2 Days 2-3 Days 2-3 Days Committee: * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Sulfur Dioxide Bid Number 98-6-$ Jones Chemicals, Inc. P.B. & S. Chemical Company, Inc. Prillaman Chemical Corporation Furnish and deliver, F.O.B. Sewage Treatment Facility, Sulfur Dioxide Est. Quantity 140 tons, in 1 ton Cylinders * $366.81 cyl. $447.00 cyl. $430.00 cyl. Delivery 1-2 Days 1-3 Days 1-2 Days Committee: * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Sodium Hydroxide Bid Number 98-6-6 Prillaman Prochem Jones Southchem, P.B. & S. Chemical Industries Chemicals, Inc. Chemical Corporation Inc. Company, Inc. Old World Industries, Inc. Furnish and deliver F.O.B. Carvins Cove Filter Plant, Sodium Hydroxide 9ppm 50% Est. Quantity 87,500 gals * $.91 gal. $1.10 gal. $.9566 gal. $9718 gal. $1.12 gal. $1.072 gal. Furnish and deliver F.O.B. Falling Creek Filter Plant, Sodium Hydroxide 9ppm 50% Est. Quantity 4,000 gals. delivered in 330 gal. tote bins Delivery * $1.05 gal. $3.00 gal. $1.094 gal. $1.62 gal. + $1,000 bin + $1,000 bin deposit deposit $1.12 gal. N/B 1-2 Days 1 Day 3-4 Days 2-3 Days 1-3 Days 2 Days Committee: ~t Kiser ~' J)esse H. Perdue, Jr. ~" D. Darwin Roupe * Indicates Recomme'nd'ation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Hydrofluosilica Acid Bid Number 98-6-7 Prillaman Chemical Corporation Southchem, Inc. Lucier Chemical Industries, LTD Furnish and deliver F.O.B. Carvins Cove Filter Plant, Hydrofluosilica Acid, 1 ppm Est. Quantity 30,000 gallons * $.64 gal. $.74 gal. $.6969 gal. Delivery 5 Days 2-3 Days 5-7 Days Committee: ~...~ Jesse H. Perdue, D. Darwin Roupe * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Sodium Bi-Sulfite Bid Number 98-6-8 Prillaman Chemical Corporation Prochem Southchem, Jones Chemicals, Technologies Inc. Inc. Furnish and deliver, F.O.B. Carvins Cove Filter Plant, Sodium Bi-Sulfite Est. Quantity 2,500 gallons * $1.02 gal. + $50 deposit $1.65 gal. $1.38 gal. $1.10 gal. Delivery 1-2 Days 1 Day 2-3 Days 3-4 Days Committee: Kit B. Kiser ~ ~.. Darwin Roupe * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Orthophosphate Bid Number 98-6-9 Southchem, Prillaman Inc. Chemical Corporation Furnish and deliver, F.O.B., Carvins Cove Filter Plant, Orthophosphate 3ppm Est. Quantity 15,500 gallons * $3.76 gal. $4.20 gal. Delivery 2-3 Days 2 Days Committee: * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Polymer Praetol Bid Number 98-6-10 Prillaman Chemical Corporation George S. Coyne Chemical Company, Inc. Control Equipment Company, Inc. Furnish and deliver, F.O.B., Carvins Cove Filter Plant, Hollins, Virginia, Polymer Praetol 186KH Est. Quantity 11,000 gallons $3.83 gal. $3.84 gal. * $3.741 gal. Delivery 1-2 Days 5-7 Days 2-5 Days Committee: Kit B. Kiser * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For Polymer, Cat Floc-TL Bid Number 98-6-11 Prillaman Chemical Corporation Prochem Technologies George S. Coyne Chemical Company, Inc. Southchem, Inc Furnish and deliver, F.O.B. Falling Creek Filter Plant Polymer Cat Floc-TL Est. Quantity 550 gallons $4.54 gal. $8.68 gal. $4.79 gal. * $4.51 gal. Delivery 1-2 Days 2 Days 4-5 Days 2-3 Days Price firm for one (1) quarter Committee: Kit B. Kiser * Indicates Recommendation Bid Tabulation Bids received and opened in the Office of Supply Management, 2:00 p.m., June 12, 1998 For PASS Bid Number 98-6-14 Furnish and deliver F.O.B. Falling Creek Filter Plant, PASS Est. Quantity 3,700 gallons delivered in Four (4) 55 gallon drums Control Equipment Company, Inc. $4.371 gal. Delivery 2-7 Days Committee: Kit B. Kiser D. Darwin Roupe * Indicates Recommendation CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Ck~rk July 23, 1998 Sandra H. Eakin Deputy City Clerk File #5-60-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33941-072098 authorizing execution of a certairi Law Enforcement Block Grant, in the amount of $141,964.00, from the United States Department of Justice's Bureau of Justice Assistance, with the City providing $15,774.00 in local match. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Attachment pc: John P. Baker, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance George C. Snead, Director, Public Safety A. L. Gaskins, Chief of Police Mariam K. Alam Stacy, Partnership Coordinator, Community Development Donald S. Caldwell, Commonwealth's Attorney H:~AGENDAg~JULY20.WPO IN THECOUNCILOF THE CITY OF ROANOKE, VIRGINI& The 20th day of July, 1998. No. 33941-072098. A RESOLUTION accepting a certain Law Enforcement Block Grant from the United States Department of Justice's Bureau of Justice Assistance and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the United States Department of Justice's Bureau of Justice Assistance of a Law Enforcement Block Grant in the amount of $141,964.00, with the City's providing $15,774.00 in local match, such grant being more particularly described in the report of the City Manager, dated July 20, 1998, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. IN THE COUNCIL OF THE Cl]~ANUKE, VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1998-99 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1998-99 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Local Law Enforcement Block Grant 98-00 (1-3) ................... Revenue Public Safety Local Law Enforcement Block Grant 98-00 (4-5) ................... 1) Overtime Wages 2) FICA 3) Expendable Equipment 4) Federal Grant Receipts 5) Local Match (035-050-3313-1003) (035-050-3313-1120) (035-050-3313-2035) (035-050-3313-3313) (035-050-3313-3314) $ 118,660 9,078 30,000 141,964 15,774 $1,648,677 157,738 $1,648,677 157,738 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. July 20, 1998 Council Report #98-412 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Local Law Enforcement Block Grant Background: A. The Omnibus Fiscal Year 1998 Appropriations Act, Public Law 105-119.., provides funding for the implementation of the Local Law Enforcement Block {3rant Program, administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the Local Law Enforcement Block Grant Program is to provide local governments with funds to underwrite projects to reduce crime and improve public safety. B. The Fiscal Year 1997 Grant administered through this same process has provided funding for police bicycles and police overtime to the City, with guidance on the location of that enhanced patrol provided by an Advisory Board of citizens and City Officials. That program became operational May 22, 1998. C. Since Memorial Day Weekend, 1998, enhanced bicycle patrol in six neighborhoods has provided over 760 officer-hours of additional patrol, resulting in over 110 criminal and 145 traffic charges being placed. Citizens have expressed appreciation for this supplemental bike patrol attention to their neighborhoods. D. The Roanoke CiW Police Department is requesting to apply for funds under this block grant to continue the program of enhanced bicycle patrol. E. The Grant Requires these Funds Supplement Rather than Supplant local monies. The grant application specifies that the funds would be used for: (1) Paying overtime to presently employed law enforcement officers for the purpose of increasing the number of hours worked by such personnel and (2) Procuring equipment and other materials directly related to basic law enforcement functions. Mayor David A. Bowers Members of City Council Page 2 July 20, 1998 II. Current Situatio .n. A. _The Bureau of Justice Assistance. has advised that the City of Roanoke is eligible to apply to BJA for a direct award of.$141,964 under this program. This program award would require a cash matching fund amount of 315,774. Grant requirements include that funds be placed in an interest bearing account. B. Local match funds are available in the Police Department's Federal Asset Forfeiture Distributions Investigations and Rewards Account #035-050-3304-2150. C. A Grant Advisory Board of Citizens and Public Officials was developed for last year's BJA grant and will be utilized to identify and prioritize specific areas or neighbor- hoods to receive the additional police patrol. A list of the advisory board members is Attachment 1. III. IV. _Issues_: A. Nee_.__~d B. Citizen Satisfaction C. Funds Availabili~ Alternatives: A. City Council Authorize Application for $141,964 in funding through the Local Law Enforcement Block Grant (1998/2000) program in accordance with Federal grant requirements. 1. Need exists to provide equipment, uniforms, and overtime hours to increase police bicycle patrols in selected neighborhoods. Citizen satisfactio_n can be enhanced through increased neighborhood patrol by accessible officers on bicycles. 3. Funds Availability will be addressed by this Council action. Mayor David A. Bowers Members of City Council Page 3 July 20, 1998 Vo B. City Council_ not authorize application for this funding through the Local Law Enforcement Block Grant Program. Need for equipment, uniforms, and overtime for additional police bicycle patrol will not be met. 2. Citizen satisfaction will not be enhanced. 3. Funds will not be available from the Local Law Enforcement Block Crrant. Recommendation A. City Council approve Alternative "A'i. to apply for funds from the Local Law Enforcement Block Grant. B. Authorize the City Manager to sign and execute all appropriate documents to obtain funding through the Local Law Enforcement Block Grant Program administered by the Bureau of Justice Assistance (BJA). Respectfully submitted, erbert City Manager WRH:ALG/wla CC: City Manager Director of Finance Director of Public Safety Chief of Police Roanoke Neighborhood Partnership Executive Director, Roanoke Housing Authority Commonwealth's Attorney Office of Grants Compliance Budget Administrator Attachment 1 Council Report #98-412 Grant Board Roster Mr.Tony Reed Senior Parole Officer 23-A Court Service Unit 309 3rd St. SW P.O. Box 112 Roanoke, VA 24002 (540) 853-2615 FAX (540) 981-1589 Ms. Wanda DeWease Assistant Commonwealth's Attorney Office of the Commonwealth's Attorney 315 Church Ave. SW Roanoke, VA 24016 (540) 853-2626 Ms. Ann Harman Executive for Student Services Roanoke City Schools 40 Douglas Ave. NW Raonoke, VA 24012 (540) 853-1393 Mr. Joe Nash Wasena Neighborhood Alliance 1202 Kerns Ave. SW Roanoke, VA 24015 (540) 985-6808 Mr. Don Thorne Crime Line/TRIAD 2222 Cantle Lane SW Roanoke, VA 24012 Mr. Martin Jeffrey NAACP P.O. Box 2868 Roanoke, VA 24001-2868 (540) 345-6781, ext. 372 Mr. Chris Chittum Roanoke Neighborhood Partnership 215 Church Ave. SW Room 162 Roanoke, VA 24011 (540) 853-1442 Ms. Mercedes James Roanoke Academy 1122 19th St. NW Roanoke, VA 24017 (540) 853-2751 Lt. Bill Althoff Planning Unit Roanoke City Police 309 3rd St. SW Roanoke, VA 24011-1599 (540) 853-2337 FAX (540) 853-6585 (540) 774-6997