HomeMy WebLinkAboutCouncil Actions 12-15-97PARROTT
33670
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 15, 1997
12:lSp. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. All Present
A. Recess and reconvene in the Emergency Operations Center
Conference Room, Room 159, at 12:20 p.m., for a meeting of
Roanoke City Council and the Roanoke City School Board with
Senator John S. Edwards, Delegates A. Victor Thomas and Clifton
A. Woodmm, Ill, to discuss the City's 1998 Legislative Program.
File #132-467-137
At 12:17 p.m., the meeting was declared in recess until 2:00 p.m.
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 15, 1997
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. All Present.
The Invocation was delivered by .The Reverend Joseph C. Trials,
Associate Minister, Jerusalem Baptist Church.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
2
Meetings of Roanoke City Council are televised live on RVTV
Channel 3. Today's meeting will be replayed on Channel 3 on
Thursday, December 18, 1997, at 7:00 p.m.
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL
RECEIVE THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME
FOR REVIEW OF INFORMATION. CITIZENS WHO ARE
INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON
THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE,
ROOM 456, MUNICIPAL BUILDING, OR CALL 853-2541.
0
CONSENT AGENDA
(Approved 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meetings of City Council held on Tuesday,
September 2, 1997, and Monday, September 22, 1997.
RECOMMENDED ACTION:
as recorded.
File # 132
Dispense with the reading thereof and approve
3
C-2
A communication fi.om Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request for Council to convene in
File #110-132 Executive Session.
C-3
A report of the City Manager with regard to extension of the sidewalk
along Hershberger Road, N. W., in connection with the rezoning request of
Home Depot, Inc.
RECOMMENDED ACTION: Receive and file.
Removed from Consent Agenda for separate discussion.
page 5.)
(See Item C-3 on
C-4 A report of the City Manager in response to remarks of Mr. Jeff
Artis in connection with the relationship between the City and the public school
L.~'~'~Ystem with regard to athletics.
RECOMMENDED ACTION: Receive and file.
File #122-467
C-5
A communication fi.om Elizabeth Belcher, Roanoke Valley Greenway
Coordinator, transmitting a communication bom Delvis O. "Mac" McCadden
tendering his resignation as a City representative to the Roanoke Valley
Greenway Commission.
c/,/ RECOMMENDED ACTION: Receive and file the communication and
accept
File #110-379 the resignation.
4
C-6 A communication from Fred P. Roessel, .Ir., Ph.D., Executive Director,
Blue Ridge Community Services, recommending concurrence in the
reappointment of Rita Gliniecki as an at-large member of the Blue Ridge
Community Services Board of Direct#rs, for a term ending December 31, 2000.
~COMMENDED ACTION: Concur in request.
~ File #335
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
C-3
A report of the City Manager with regard to extension of the sidewalk
along Hershberger Road, N. W., in connection with the rezoning request of
Home Depot, Inc.
~// The City Manager was requested to provide a status report at the Council
meeting on Tuesday, January 20, 1998.
File 020-51-57 467
Presentation with regard to Virginia Municipal League membership. Beth
MacDonald, Director of Marketing and Member Services. (10 minutes)
Received and fled.
File #1%132
Presentation with regard to the progress made by Destination Education
in support of the Roanoke Higher Education Center. Warner N.
Dalhouse, Spokesperson. (10 minutes)
Received and filed.
File #414
5
4. PETITIONS AND COMMUNICATIONS:
ao
A communication from Mayor David A. Bowers, Vice-Mayor Linda F.
Wyatt and Council Member James O. Trout with regard to the issue of
public use of Carvins Cove.
The matter was referred to the Water Resources Committee with the
understanding that aH Members of Council will be invited to
participate in discussions. (Council Members White and Harris voted
nO.)
File 0468
A communication from the Roanoke City School Board requesting
appropriation of funds to certain school grant accounts, and appropriation
of $76,111.00 in proceeds from the 1997-98 Capital Maintenance and
Equipment Replacement Fund, to provide funds for athletic fund deficit
reduction, athletic grounds improvements and roof repairs at several
schools; and a report of the Director of Finance recommending that
Council concur in the request.
~/Adopted Ordinance No. 33671-121597. (7-0)
File #60-467
A communication from the Roanoke City School Board requesting
approval of a State Literary Fund loan application, in the amount of $5.0
million, for the Addison Middle School reconstruction project.
Adopted Resolution No. 33672-121597. (7-0)
File #329-467
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRI~FINGS: None.
ITEMS RECOMMENDED FOR ACTION:
1. A report with regard to the Regional 800 MHZ tnmked radio
Atem'
opted Ordinance Nos. 33673-121597 and 33674-121597.
(7-O)
File #262-413
J
A report with regard to military pay/leave for certain City
employees.
Adopted Ordinance No. 33675-121597 and Resolution No.
33676-121597. (7-0)
File #24-184
A report recommending execution of certain railway license
agreements with Virginia Holding Corporation and Norfolk and
Western Railway Company, in connection with the Roanoke River
Interceptor Sewer Replacement Project.
¼.
opted Ordinance No. 33677-121597. (7-0)
File #27-223-322
b. CITY ATTORNEY:
A report with regard to the work of the Assistant City Attorney
assigned to represent the Department of Social Services.
Received and Filed.
c/,"File #72-8:}
7
6. REPORTS OF COMMITTEES:
a#
A report of the Legislative Committee recommending adoption of a
measure authorizing an amendment to the contract between the City and
Thomas A. Dick relating to legislative liaison services. Council Member
/AW~o'pam White, Sr., Chairperson.
ted Resolution No. 33678-121597. (7-0)
File #24-83-137
bo
A report of the Bid Committee recommending rejection of bids received
for upgrading the municipal swimming pools in Washington and Fallon
Parks. Council Member John H. Parrott, Chairperson.
,b~Adopted Resolution No. 33679-121597. (7-0)
File #67-256
A report of the Bid Committee recommending award of a lump sum
contract to Landis & Staefa, Inc., in the amount of $624,888.00, for
replacement of fire alarms and temperature controls at the Roanoke Civic
Center; and transfer of funds in connection therewith. Council Member
John H. Parrott, Chairperson.
~dopted Ordinance Nos. 3:t680-121597 and 33681-121597.
/(Council Member Trout was out of the Council Chamber.)
File #70-192
(6-0)
do
A report of the Bid Committee recommending award of a contract to
Consolidated Industrial Roofing, Inc., in the amount of $100,155.00, for
asbestos abatement and reroofing for the Roanoke City (Main) Public
Library. Council Member John H. PalTOtt, Chairperson.
Adopted Ordinance Nos. :}3682-121597 and 33683-121597.
(Council Member Trout was out of the Council Chamber.)
File 0323
(6-0)
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ao
Ordinance No. 33669, on second reading, amending and reordaining
subsection (a) of Section 22.1-44, Normal Service Retirement, of the
Code of the City of Roanoke (1979), as amended, to provide retirement
service credit for firefighters who were previously employed in an
emergency medical services capacity, subject to certain terms and
conditions.
F A.lldopted Ordinance No.~69-121597. (7-0)
e #24'70-188-429
A Resolution reco~nizing the meritorious service rendered to the City by
the Honorable W. Alvin Hudson, Sheriff.
Fil dopted Resolution No. 33670-121597. (7-0)
e #80-121-184
A Resolution expressing the appreciation of Council for the work of the
Roanoke Regional Chamber of Commerce in support of the recent Bond
Issue Referendum.
dopted Resolution No. 33684-121597. (7-0)
File #53-99
A Resolution commending the Central Council PTA for its efforts in
support of the recent Bond Issue Referendum.
Adopted Resolution No. 33685-121597. (7-0)
File #53-467
9
0
10.
MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
bo
Vacancies on various authorities, boards, commissions and committees
appohated by Council.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME 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.
The Reverend Carl T. Tinsley, representing the Baptist Ministers
Conference of the Roanoke Regional Area and Southwest Virginia;
Martin D. Jeffrey, President, Roanoke Branch, NAACP; and Evelyn
D. Bethel, 35 Patton Avenue, N. E., addressed the Police Chief hiring
process. The Mayor requested that the City Manager continue to
meet with interested persons to discuss the matter.
File #5-184
CERTIFICATION OF EXECUTIVE SESSION. (7-0)
c Cmhael Brennan was appointed as a member of the Cultural Services
mittee for a term ending June 30, 1998.
File #110.394
f~ev' J' ,Sink was app.o, inted as. a Commissioner of the Roanoke
elopment and Housing Authority for a term ending August 31, 2001.
File 0110-178
At 6:10 p.m., the meeting was declared in recess until 7:00 p.m.
l0
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 15, 1997
7:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order-- Roll Call. An Present
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Bowers.
Welcome. Mayor Bowers.
PRESENTATIONS:
Recognition of the William Fleming High School Football Team, "The
Colonels". Mayor Bowers.
The Mayor presented Roanoke City photographs and Roanoke logo
lapel pins.
File #467
PUBLIC HEARINGS:
Continuation #fa public hearing on the request of Bobby Lee Willis that
a certain tract of land located at 1102 Centre Avenue, N. W., identified
as Official Tax No. 2112311, be rezoned from LM, Light Manufacturing
District, to RS-3, Residential Single-family District, subject to certain
conditions proffered by the petitioner. Bobby Lee Willis, Spokesperson.
~//""Denied.
· File #51
Continuation of a public hearing on the request of Manorcare Health
Services, Inc., and Roanoke Lodge No. 197, Benevolent and Protective
Order of Elks of the United States of America, that a tract of land
described as 3.628-acres, Acreage Tract, Persinger Road, 1147 Persinger
Road, S. W., being a portion of Official Tax No. 1260214, be rezoned
from RS-2, Residential Single Family District, to RM-2, Residential
Multifamily, Medium Density District, subject to certain conditions
proffered by the petitioners. Maryellen F. Goodlatte, Attorney.
Adopted Ordinance No. 33686 on first reading. (Council Members
Parrott and Harris voted no.)
File #51
o
Public hearing on the request of Southern Lane Group, LLC, that ten
tracts of land located on Southern Lane, Southern Hills Drive and Griffin
Road, S. W., identified as Official Tax Nos. 5470108-5470115, inclusive,
5480701 and 5480704, be rezoned from RS-3, Residential Single-family
District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner. Maryellen F. Goodlatte, Attorney.
Tabled. (Council Members White, Wyatt and Harris voted no.)
File 051
12
Public hearing on the request of Jack L. and Janet F. Bennett that a tract
of land located at 639 Liberty Road, N. E., containing .75 acre, more or
less, identified as Official Tax No. 3131003, be rezoned from HM, Heavy
Manufacturing District, to LM, Light Manufacturing District, subject to
certain conditions proffered by the petitioners. Jack L. Bennett,
Spokesperson.
Adopted Ordinance No. 33687 on first reading. (7-0)
File #51
Public hearing on the request of Springwood Associates, LLC, to amend
the proffered conditions for rezoning of a tract of land located at the north
end of Griffln Road, S. W., adjacent to the east side of Franklin Road,
U. S. Route 220, containing 13.81 acres, more or less, identified as
Official Tax No. 5480712, from RS-3, Residential Single-Family District,
to C-2, General Commercial District, and RPUD, Residential Planned
Unit Development District, which rezoning was previously approved by
the Council of the City of Roanoke, pursuant to Ordinance No. 32867-
040196 adopted on April 1, 1996, with the original proffers relating to
said property having been amended pursuant to Ordinance No. 33355-
050597 adopted on May 5, 1997. Edward A. NaR, Attorney.
Adopted Ordinance No. 33688 on first reading.
Member Harris voted no.)
File #51
(6-1) (Council
Public hearing on the request of the Roanoke Foundation for Downtown,
Inc., for adoption of a measure in support of tax-exempt status on certain
real property located on North Jefferson Street and Shenandoah Avenue.
R. Matthew Kennell, President, Downtown Roanoke, Inc., Spokesperson.
Adopted Resolution No. 33689-121597. (7-0)
File #79-137-277
13
B. OTHER HEARING OF CITIZENS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME 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.
Mr. M. Douglas Trout, 169 Maplelawn Avenue, N. E., expressed concern
with regard to the constitutionality of the City's junk car ordinance, and
unsightly conditions as a result of littering on Orange Avenue, N. E. The
remarks were referred to the Assistant City Manager and the City Attorney
for the purpose of meeting with Mr. Trout to discuss his concerns.
File #66-51-144
14
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
ROANOKE CITY LEGISLATORS
SPECIAL MEETING
EOC CONFERENCE ROOM
ROOM 159, MUNICIPAL BUILDING
December 15, 1997
12:20 p.m.
Agenda
Call to Order.
Roll Call.
Invocation.
**Lunch**
Opening remarks by Mayor David A. Bowers.
Opening remarks by the Roanoke City School Board Chairperson.
Presentation o£highlights o£the City's 1998 Legislative Program by Thomas
A. Dick, City Legislative Liaison.
o
o
10.
Presentation of highlights of the School Board's 1998 Legislative Program by
the School Superintendent.
Remarks by legislators.
Remarks by City Council Members, School Board Members, and the City
Manager.
Adjournment.
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
November 20, 1997
File #132-137-467
SANDRA H. EAKIN
Deputy City Clerk
The Honorable John S. Edwards
Member, Senate of Virginia
Post Office Box 1179
Roanoke; Virginia 24006
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
Post Office Box 1371
Roanoke, Virginia 24007
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
Gentlemen:
I am enclosing copy of Resolution No. 33655-111797, adopting and endorsing a
Legislative Program for the City of Roanoke to be presented to the City's delegation to the
1998 Session of the General Assembly. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting on Monday, November 17, 1997.
You ara cordially invited to meet with the Members of the Roanoke City Council and the
Roanoke City School Board on Monday, December 15, 1997, at 12:15 p.m., in the
Emergency Operations Center Conference Room, Room 159, Municipal Building, 215
Church Avenue, S. W., to discuss legislative matters.
With kindest regards, I am,
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 17th day of November, 1997.
No. 33655-111797.
A RESOLUTION adopting and endorsing a Lel~islative Proem for the City to
be presented to the City's delegation to the 1998 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be awa~e
of the le~,~islative needs of th~ City and its people;
WHEREAS, p~evious Le~Lslative l~o~m~ of the City have been ~esponsible
for improving the efficiency of local gove~ment and the quality of life for citizens
of th~.~ City;
WHEREAS, Council is desirous of adopt~ and endo~sin~ a Legislative
P~ogr~m to be advocated by the Council and its ~ep~esentatives at the General
Assembly; and
WHEREAS~ the Legislative Committee of City Council has by ~epo~t, dated
November il, 1997, ~ecommended to Council a Legislative Progo~m to be p~esented
at the 1998 Session of the Gener21 Assembly, and Council concurwed in such
recommendation by motion adopted at its November il, 1997, meeting;
WHEREAS, the Roanoke City School Boat~l approved its Legislative Program
for the 1998 Session at the School Board meeting of November 11, 1997, and the
Board recommends this Progrsm to City Council for inclusion in a joint Legislative
Program on beh-lf of City Council and the School Board; and
WHEREAS, the Council is desh-ous of fomnally adopting the City and School
Board elements to be merged into a joint Legislative Program;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City portion of the Lel~islative Progr~n transmitted by report of the
Let~ishtive Committee, dated November 3, 1997, and the School Board portion of the
Legislative l~ogt2m t~n.~mitted by report of the Legislative Committee, dated
November 17, 1997, are hereby endorsed and adopted by this Council, and the City
Attorney is directed to mer~e the two Pro~t~m.~ into a joint Legislative Pro,am to
be advocated at the 1998 Session of the General Assembly.
2. The Clerk is directed to issue cordial invitations to the City's Senator
and Delegates to the 1998 Session of the General Assembly to attend Council's
meeting relating to le~;islative matters, to be held at 12:15, on December 15, 1997.
ATTEST:
City Clerk.
348
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 2, 1997
12:15 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor, Municipal Building, 2t5 Church Avenue, S. W., City of
Roanoke, on Tuesday, September 2, 1997, at 12:15 p.m., the regular meeting hour,
with Mayor David A. Bowers presiding, pursuant to Rule 1, Reoular Meetinqs. of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1~)79), as amended.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, William White, Sr., Linda F. Wyatt, and Mayor David A. Bowers ................ 6.
ABSENT: Council Member James O. Trout .............................................. 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
SCHOOLS: At 12:18 p.m., the Mayor declared the meeting in recess, in order
for the Members of Council and the Roanoke City School Board to participate in a
site-based tour of James Breckinridge Middle School, 3901 Williamson Road, N. W.,
which recently underwent extensive renovations, including a tour of the
Breckinridge Middle School Fitness Center. Following the tour, lunch was served
in the Media Center.
At 2:00 p.m., on Tuesday, September 2, 1997, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
PRESENT: Council Members C. Nelson Harris, John H. Parrott, Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt and Mayor
David A. Bowers ........................................................................................... 7.
ABSENT: None .................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; Wilburn C. Dibling, Jr.,
City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend Paul G.
Gunsten, Pastor, St. Phillip Lutheran Church.
349
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PUBLIC HEARINGS:
ELECTIONS-FIRE DEPARTMENT-CHURCHES: The City Clerk
having advertised a public hearing for Tuesday, September 2, 1997, at
2:00 p.m., or as soon thereafter as the matter may be heard, on the
proposed temporary relocation of the polling place for the Lee-Hi
Voting Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to
Covenant Presbyterian Church, 1831 Deyerle Road, S. W., the matter
was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Tuesday, August 26, 1997, and Monday,
September 1, 1997.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the Roanoke City Electoral Board advising that the
Electoral Board previously obtained approval on the temporary
relocation of the polling place in the Lee-Hi Precinct to Covenant
Presbyterian Church for the June 10, 1997 Primary Election; the Board
is now requesting that the Lee Hi Precinct temporarily remain at the
Covenant Presbyterian Church for the November 4, 1997 General and
Special Election and the May 5, 1998 Election, which location has and
will provide more accessibility to the elderly and handicapped, and will
be more accommodating for Officers of Election and voters, was before
Council.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33563-090297) AN ORDINANCE temporarily changing 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.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 156.)
350
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33563-090297.
The motion was seconded by Mr. Swain.
The Mayor inquired if there were persons present who would like
to address Council with regard to the matter. There being none,
Ordinance No. 33563-090297 was adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None.
Council Member Harris requested that the Electoral Board
investigate the feasibility of establishing the Lee Hi Voting Precinct at
the Covenant Presbyterian Church on a permanent basis.
Vice-Mayor Wyatt requested that the Electoral Board review the
composition of voting precincts in terms of size and variation.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to a request for an Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
351
ACTION:
ACTION:
ACTION:
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(I), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... O.
ANNUAL REPORTS-COMMITTEES-AUDIT COMMITTEE: A
communication from the Audit Committee transmitting the Annual
Report for the year ended June 30, 1997, was before Council.
(For full text, see communication and Annual Report on file in the City
Clerk's Office.)
Mr. White moved that the communication and Annual Report be
received and filed. The motion was seconded by Mr. Swain and adopted
by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
ANNUAL REPORTS-MUNICIPAL AUDITOR: The Annual Report
of the Municipal Auditor for the year ended June 30, 1997, was before
Council.
(For full text, see Annual Report on file in the City Clerk's Office.)
Mr. White moved that the Annual Report be received and filed.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
352
ACTION:
COMMITTEES-CITY PLANNING COMMISSION: A communication
from Carolyn H. Coles tendering her resignation as a member of the
City Planning Commission, effective immediately, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that the communication be received and filed
and that the resignation be accepted. The motion was seconded by
Mr. Swain and adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ............................................................... 0.
PERSONNEL DEPARTMENT-ROANOKE ARTS COMMISSION-
OATHS OF OFFICE-COMMITTEES: The following reports of
qualification were before Council:
Jeannette E. Hardin as a member of the Personnel and
Employment Practices Commission for a term ending
June 30, 2000; and
Ann L. Weinstein and LuJean Bedard as members of the
Roanoke Arts Commission for terms ending June 30,
2000.
ACTION:
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. White moved that the reports of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None.
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS: None.
353
REPORTS OF OFFICERS:
ClTY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-ENTERPRISE ZONE-FIRST UNION NATIONAL BANK:
The City Manager submitted a written report advising that on March 14,
1994, Council established a training incentive program in Enterprise
Zone One for companies creating or relocating a minimum of 200 new
jobs over an 18 month period; the program required that the 200 jobs
for which the training funds were received be retained for at least five
years, or the company must reimburse the funds at a rate of $400.00
per job, per year, for each job not retained; 44 new businesses have
opened and 26 businesses have closed during fiscal year 1997 in the
downtown area according to Downtown Roanoke, Incorporated; and an
average of 534 empty spaces has been available in downtown garages
between April and June 1997.
It was further advised that First Union National Bank has
expressed a need to expand and relocate 200 or more staffed positions
into Enterprise Zone One by October 31, 1997; First Union has repaid
the Fifth District Employment and Training Consortium $63,600.00
currently owed under the original training agreement, and the
Consortium has returned the funds to the City; First Union officials
have requested that the City enter into an agreement amending the
prior training agreement, effective October 1, 1997, which amended
agreement would establish a new base number of positions as of
October 31, 1997, and the base number of positions will not be less
than 420; in exchange for recalculating the base number of positions,
First Union would agree to maintain the new base number of positions
from October 31, 1997 to October 31, 2002, and would pay the City a
one-time amount based on the percentage of change between the
number of qualifying positions under the original agreement (566
positions) and the recalculated number of qualifying positions under
the amended agreement multiplied by $337,335.50.
354
It was explained that First Union has requested training
assistance for the 200 or more job positions being relocated to
Enterprise Zone One as part of the amended training agreement; the
City would provide up to $400.00 per position or equivalent position for
eligible training expenses incurred between May 1, 1997 and
October 31, 2002, with the maximum amount to be provided totaling
$63,600.00; and First Union officials have requested a new parking
agreement with the City for the exact number of new jobs relocated or
created by October 31, 1997, at $35.00 per space, effective
December 16, 1998.
The City Manager recommended that Council concur in the
following actions:
Amend the training incentive program established on
March 14, 1994, to include a statement allowing for
replacement positions when such positions are equivalent
to the original positions for which the training funds were
received;
Authorize the City Manager to enter into an agreement
amending the prior training agreement, effective
October 1, 1997; the amended agreement would establish
a new base number of positions as of October 31, 1997,
which base number of positions will not be less than 420;
in exchange for recalculating the base number of
positions, First Union would agree to maintain the new
base number of positions from October 31, 1997 to
October 31, 2002, and would pay the City a one-time
amount based on the percentage of change between
the number of qualifying positions under the original
agreement (566 positions) and the recalculated number
of qualifying positions under the amended agreement
multiplied by $337,335.50;
A~horize the City Manager to appropriate $63,600.00 to an
account in the Capital Project Fund to be established by
the Director of Finance entitled, "Enterprise Zone One
Training Incentive Program"; funding in the amount of
$63,600.00 was received in July 1997 when First Union
paid the Fifth District Employment and Training
Consortium based on the decline in the job base; the City
would provide up to $400.00 per position for eligible
training expenses incurred between May 1, 1997 and
October 1, 2002; the maximum amount to be provided is
355
$63,600.00; if First Union does not maintain the
recalculated base number of staffed, full-time positions
from October 31, 1997 to October 31, 2002, First Union
would agree to reimburse the Consortium $400.00 per year
for each position below the recalculated base for each of
the five years; the Consortium would reimburse the City
funds received from First Union, and First Union will not
repay the City more than the total amount received under
the original or amended training agreements, but this does
not include the amount of the one-time payment as set
forth on Page 2, Item E, of the report; and
Authorize the City Manager to enter into a new parking
agreement for the exact number of new jobs relocated or
created by October 31, 1997, at $35.00 per space, effective
December 16, 1998, which agreement would be in effect
for one year and would include an optior~ to renew the
same number of spaces at a rate of $40.00 for two
additional years; the renewal option would be contingent
upon First Union demonstrating that the initial number of
jobs created or relocated by October 31, 1997, remain
staffed, full-time positions as of the December 16, 1999,
renewal date; and the form of the agreement will be
approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33564-090297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 158.)
356
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33564-090297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION'
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None
.0.
Mr. Trout offered the following resolution:
(#33565-090297) A RESOLUTION amending the training incentive
program established on March 14, 1994, for Enterprise Zone One;
authorizing the City Manager to enter into an agreement amending the
training agreement dated March 14, 1994, between First Union National
Bank of Virginia (FUNB), Fifth District Employment and Training
Consortium (FDETC) and the City; and authorizing the City Manager to
execute an agreement with First Union National Bank of Virginia to
provide for a new parking agreement, effective December 16, 1998.
(For full text of Resolution, see Resolution Book No. 60, page 158.)
Mr. Trout moved the adoption of Resolution No. 33565-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None, O.
Council Members White and Swain encouraged the City Manager
to apprise small businesses of the training incentive program and other
development opportunities in the City of Roanoke.
FRANCHISES-UTILITIES-APPALACHIAN POWER COMPANY-
STREET LIGHTS: The City Manager submitted a written report advising
that the proposed revised electrical rates to be effective retroactive to
July 1, 1996, were received on July 7, 1997, from American Electric
Power (AEP); negotiations with AEP were authorized by Council on
August 5, 1996, through the Virginia Municipal League and the Virginia
Association of Counties, with the City of Roanoke's share of the cost
of negotiations totaling $23,086.00; American Electric Power continued
357
to bill the rates in effect as of June 30, 1996, as negotiations continued;
and an agreement with AEP, proposed to be effective retroactive to
July 1, 1996, has been reached, which essentially provides for the
following:
General usage rates will decrease 10.56 per cent over
June 30, 1996 rates for the period of July 1, 1996 through
June 30, 1999; and
Street lighting rates which are part of a separate street
lighting contract will decrease two per cent over June 30,
1996 rates for the period July 1, 1996 through June 30,
1999.
It was noted that the above percentages are approximate;
proposed rates are shown on rate schedules contained in a document
entitled, Public Authority Tariff No. 7, issued on February 25, 1997, from
American Electric Power; and in addition, certain accounts which will
be individually reviewed may receive greater savings if they are
converted to an option demand rate.
The City Manager recommended that he be authorized to enter
into a three-year contract, retroactive to July 1, 1996, with American
Electric Power for electrical service at the rates shown on a schedule
attached to the report, the form of said agreement to be approved by
the City Attorney; negotiation benefits will be realized by an annual
savings of $427,528.00, including all established funds, viz: General,
School, Water, etc., compared to the original rates proposed by AEP;
and budgeted savings have been reallocated within operating
department budgets.
(For full text, see report on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33566-090297) A RESOLUTION authorizing the City Manager to
enter into the appropriate contractual agreements with Appalachian
Power Company, d/b/a American Electric Power, providing for revised
general service electrical rates and revised street lighting rates
effective retroactively to certain specified dates, and approving certain
rate schedules, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 60, page 160.)
358
ACTION:
Mr. Swain moved the adoption of Resolution No. 33566-090297.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ........................................................... 7.
NAYS: None ..................................................................... 0.
With regard to the $427,528.00 annual savings which will be
reallocatsd within budgets of operating departments, Council Member
Swain requested information as to how future funds will be expended.
Council Member White requested information on whether the City
will negotiate additional contractual matters in the 1998-99 fiscal year,
such as telephone, gas, fuel oil, etc. He suggested that future Council
reports should contain the appropriate notation if certain matters have
been discussed by Council in previous meetings/budget study
sessions, etc.
Council Member White requested information regarding the
anticipated impact on the City's rates as a result of deregulation of
utilities.
C & P TELEPHONE COMPANY-FRANCHISES-CITY PROPERTY-
SPECIAL PERMITS-COMMUNICATIONS DEPARTMENT-TELEPHONE
COMPANIES-LICENSES-TELEPHONE EQUIPMENT-BELL ATLANTIC -
VA., INC.: The City Manager submitted a written report advising that a
thirty-year franchise was granted, pursuant to Ordinance No. 17677,
adopted on August 28, 1967, to the Chesapeake and Potomac
Telephone Company of Virginia from the effective date of the ordinance
to operate and maintain a telephone and telegraph system within the
limits of the City, which franchise expires on September 27, 1997; a
Temporary Nonexclusive Revocable License Agreement was authorized
pursuant to Ordinance No. 33199-121696, adopted on December 16,
1996, for KMC Telecom of Virginia, Inc. (KMC) and American
Communication Services of Virginia, Inc. (ACSl) for construction,
maintenance and operation of telecommunication facilities in the City's
rights-of-ways; pursuant to the above ordinance, the City entered into
a Temporary Nonexclusive Revocable License Agreement with ACSl
dated December 31, 1996, and a Temporary Nonexclusive Revocable
359
License Agreement with KMC dated January 7, 1997; and the
Agreements will expire upon adoption of a final telecommunications
regulatory ordinance or on September 26, 1997, whichever occurs first.
It was further advised that the 1997 Session of the General
Assembly addressed a controversy over the issue of the amount of
compensation or charges localities, including municipal corporations,
could impose or require from telecommunications carriers for use of
the rights-of-way within the localities; in response to the controversy,
the 1997 General Assembly amended Virginia Code Sections 56-458
and 56-462 to require localities to maintain their charges as of
February 1, 1997 until July 1, 1998, to allow the telecommunications
carriers and the localities to resolve the controversy between the
parties as to what type of compensation and how much compensation
the localities should be allowed for the use of their rights-of-way; and
the 1998 Session of the General Assembly is anticipated to address
the issue and will provide further guidance or appropriate legislation to
guide the localities. It was explained that Bell Atlantic - Virginia, Inc.,
is the successor to The Chesapeake and Potomac Telephone Company
of Virginia; in light of legislation enacted by the 1997 General
Assembly, and in order to obtain guidance from the 1998 General
Assembly, Bell Atlantic has requested an extension of its franchise for
a period of one year, to September 27, 1998; KMC and ACSI have both
requested an extension of their Agreements for a period of one year, to
September 26, 1998; and extensions of the Bell Atlantic franchise and
the KMC and ACSI Agreements would be under the same terms and
conditions as the prior franchise and Agreements, except that
expiration terms would be extended for a period of one year, subject to
all other terms and conditions of the franchise and Agreements.
The City Manager recommended that he be authorized to execute
a separate franchise extension agreement with Bell Atlantic - Virginia,
Inc., and extension agreements with KMC Telecom of Virginia, Inc. and
American Communication Services of Virginia, Inc., extending each
agreement with the City for a period of one year, with all other terms
and provisions of the franchise and Agreements to remain the same
and subject to other terms and provisions of the documents, the form
of each document to be approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
36O
ACTION:
Mr. Parrott moved that the following ordinance be placed upon
its first reading:
(#33567) AN ORDINANCE authorizing the City Manager to
execute on behalf of the City a Franchise Extension Agreement with
Bell Atlantic Virginia, Inc., and extension agreements for the
Temporary Nonexclusive Revocable License Agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of
Virginia, Inc., for a period of one year each.
(For full text of Ordinance, see Ordinance Book No. 60, page 170.)
The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ................................................................... 0.
BUDGET-FIRE DEPARTMENT-EMERGENCY SERVICES-GRANTS-
EQUIPMENT: The City Manager submitted a written report advising that
on December 2, 1996, the Roanoke Fire-EMS Department submitted a
report to Council recommending that the City enter into an agreement
with the Virginia Department of Emergency Services (VDES) for the City
to provide, together with the City of Salem, a Level III Regional
Response Team; according to the executed agreement, the City, as well
as all localities that participate in a regional response team, will receive
"pass-through" funding from VDES to assist with the purchase of
equipment and to attend the necessary training programs to comply
with mandates set by Federal OSHA and Virginia Department of
Emergency Services; and "pass-through" funding totaling $15,000.00
has been received by the City from VDES and deposited in revenue
Account No. 035-035-1234-7067.
It was explained that the Cities of Roanoke and Salem will
coordinate purchase of equipment for the Hazardous Materials
Regional Response Team in order to avoid duplication of expensive
equipment and to allow for compatibility of equipment purchased; and
training classes are coordinated through hazardous material
coordinators for the respective jurisdictions and in conjunction with the
Virginia Department of Emergency Services.
ACTION:
ACTION:
361
The City Manager recommended that Council accept the
Hazardous Materials Regional Response Team Grant, in the amount of
$15,000.00; and appropriate $9,000.00 to Other Equipment, Account No.
035-050-3220-2035, and $6,000.00 to Training and Equipment, Account
No. 035-050-3220-2044, under the Hazardous Materials Response Team
Grant and increase the revenue estimate by $15,000.00
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33568-090297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 161.)
Mr. Harris moved the adoption of Ordinance No. 33568-090297.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Parrott,.Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ................................................................... O.
Mr. Harris offered the following resolution:
(#33569-090297) A RESOLUTION authorizing acceptance of a
grant made to the City of Roanoke by the Virginia Department of
Emergency Services for training and for the purchase of equipment for
the Hazardous Materials Regional Response Team and authorizing
acceptance, execution and filing of all appropriate documents to obtain
such a grant.
(For full text of Resolution, see Resolution Book No. 60, page 162.)
Mr. Harris moved the adoption of Resolution No. 33569-090297.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
362
GRANTS-HUMAN DEVELOPMENT-YOUTH-TEEN PREGNANCIES:
The City Manager submitted a written report advising that nationally,
approximately one-third (32%)of all births in 1995 were out-of-wedlock
and more than 70 per cent of all out-of-wedlock births were unintended;
in Virginia, during the year 1995, the majority (70%) of all out-of-
wedlock births were to mothers age 20 and above; over one-half (54%)
of all out-of-wedlock births were to mothers between the ages of 20 -
29; and the Federal Government has allocated $100 million in each of
the Federal fiscal years 1999 - 2002 to be divided among the five states
that reduce out-of-wedlock births in the previous two years without an
increase in the abortion rate.
It was further advised that the Commonwealth of Virginia has
become the first state in the nation to announce its candidacy for one
of the Federal awards by supplying incentives to local governments,
service agencies, religious institutions, nonprofit organizations, and
citizens to develop local solutions to the out-of-wedlock birth problem
which is tiffed, "Partners in Prevention"; the Commonwealth of Virginia
will provide technical and other forms of start-up assistance to any
Virginia locality that officially partners with the State in competition for
the Federal award and the State proposes to distribute any Federal
award that the Commonwealth receives directly to the localities which
declare themselves to be Partners in Prevention; a locality becomes a
Partner in Prevention by adopting a formal resolution of participation
in the initiative and by submitting a plan which reflects the community
as a whole for education of out-of-wedlock births through community
informational forums; and the Public Health Director has been asked to
provide leadership to the localities in developing the plan and in
obtaining support from localities that would like to be eligible to receive
the funds should the Commonwealth of Virginia receive a share of the
money; therefore, the City of Roanoke is requested to adopt a
resolution to become a Partner in Prevention.
The City Manager recommended that Council endorse the
Partners in Prevention initiative by adopting a proposed resolution
which will enable the City of Roanoke to receive its appropriate share
of any allocation that the Commonwealth of Virginia receives in the
years 1999 - 2002.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
363
Mr. Harris offered the following resolution:
(#33570-090297) A RESOLUTION endorsing and authorizing
participation with the Commonwealth of Virginia in Partners for
Prevention Initiative.
(For full text of Resolution, see Resolution Book No. 60, page 163.)
Mr. Harris moved the adoption of Resolution No. 33570-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
BUDGET-GRANTS-FDETC-FIFTH PLANNING DISTRICT
COMMISSION: The City Manager submitted a written report advising
that the Fifth District Employment and Training Consortium administers
the Federally-funded Job Training Partnership Act (JTPA) for the Fifth
Planning District; the Consortium serves eligible residents in the
Counties of Alleghany, Botetourt, Craig and Roanoke and the Cities of
Clifton Forge, Covington, Roanoke and Salem; the Consortium serves
two primary client populations, i.e.: the economically disadvantaged
and dislocated workers; and the City of Roanoke is the grant recipient
for Consortium funding, and Council must appropriate funding for all
grants and other monies received by the Consortium.
It was further advised that the Fifth District Employment and
Training Consortium has received Community Development Block
Grant funding for Operation Bootstrap, Roanoke Valley Youth
Conservation Service Corps - Opportunity Knocks, and the agency's
Employment Training Program.
The City Manager recommended that Council appropriate Fifth
District Employment and Training Consortium funding totaling
$52,600.00, and increase the revenue estimate by $52,600.00 in
accounts to be established in the Consortium Fund by the Director of
Finance.
(For full text, see report on file in the City Clerk's Office.)
364
ACTION:
Mr. Swain offered the following emergency budget ordinance:
(#33571-090297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Consortium Fund Appropriations, and providing
for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 164.)
Mr. Swain moved the adoption of Ordinance No. 33571-090297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
ACTION:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................ 7.
NAYS: None-- ,0.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the Financial Report for the City of
Roanoke for the month of July 1997.
(For full text, see Financial Report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Financial Report would be received and filed.
DIRECTOR OF FINANCE-CITY TREASURER-BLUE CROSS/BLUE
SHIELD: The Director of Finance and the City Treasurer submitted a
joint written report advising that on February 5, 1997, Trigon Blue Cross
Blue Shield completed its conversion from a mutual insurance
company to a stock company; as such, the City of Roanoke became
one of the shareholders of Trigon Healthcare, Inc. (the holding
company for Trigon Blue Cross Blue Shield) Class A Common Stock;
Trigon's initial public offering was for 17,825,000 shares at a price of
$13.00 per share; through demutualization, the City was allocated
23,158 shares; and to allow for an orderly trading market for Trigon
Healthcare, Inc. stock, policyholders receiving shares of stock were
required to wait six months, until August 5, 1997, before selling or
transfernng their stock.
365
It was further advised that the Code of Virginia (1950), as
amended, authorized the investment of public funds in certain assets,
however, it did not authorize investment in stock in a company such as
Trigon Healthcare; to address the issue of Trigon demutualization as
it affected localities in the Commonwealth of Virginia, the 1997 Virginia
General Assembly passed House Bill 1998 to relax the strict standard
with regard to Trigon Healthcare stock being held by Treasurers or
other public officials; and the legislation provides a three year period,
after the initial Iockup period expires, over which Trigon Healthcare
stock must be disposed of and also requires that on each August 5
anniversary date, beginning with August 5, 1998, one-third of the
shares received through demutualization must be disposed of by
governmental entities.
It was explained that to comply with the provisions of House Bill
1998, the Treasurer of the City of Roanoke is required to dispose of the
City's 23,158 shares of Trigon Healthcare stock as follows: 7,720
shares not later than August 5, 1998, an additional 7,719 shares not
later than August 5, 1999, and the final 7,719 shares not later than
August 5, 2000.
The City Treasurer and the Director of Finance recommended
that Council authorize the Treasurer of the City of Roanoke to dispose
of Trigon Healthcare Class A Common Stock at a time when the stock
reaches a price of $25.00 per share; the City Treasurer shall have the
authority to engage the services of an investment broker to execute the
transaction; and a selling price of $25.00 per share will provide the City
with approximately $578,000.00 in proceeds after brokerage fees of
approximately five cents per share, which is a reasonable share price
to attempt to obtain, while not compromising the duties of the City
Treasurer in prudently investing assets of the City.
(For full text, see joint report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33572-090297) A RESOLUTION authorizing the City Treasurer
to sell Class A common stock of Trigon Healthcare, Inc., held by the
City, upon certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 60, page 165.)
366
ACTION:
Mr. Trout moved the adoption of Resolution No. 33572-090297.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None .0.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
John H. Parrott, Chairperson, Bid Committee, presented a written report
on behalf of the Committee, in connection with bids received by the
City for the Salem Avenue at First Street Storm Drain Replacement
Project, which consists of replacement of the existing storm drain
under Salem Avenue and First Street because the storm drain is not
adequate to handle existing storm water and is currently creating
flooding conditions for businesses and streets in the area; and with
new storm drain pipes and drop inlets, the project is now scheduled to
begin following the opening of Second Street.
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to enter into a contractual
agreement, in a form to be approved by the City Attorney,
with Aaron J. Conner, General Contractor, Inc., in the
amount of $184,030.00 and 60 consecutive calendar days
to complete the work, with a project contingency of
$18,403.00; and
Transfer $202,433.00 from 1992 Bond, Storm Drains,
Account No. 008-052-9700-9176, to an account to be
established entitled, "Salem Avenue Storm Drain
Replacement."
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
367
ACTION:
ACTION:
Mr. Parrott offered the following emergency budget ordinance:
(#33573-090297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 166.)
Mr. Parrott moved the adoption of Ordinance No. 33573-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
Mr. Parrott offered the following emergency ordinance:
(#33574-090297) AN ORDINANCE accepting the bid of Aaron J.
Conner, General Contractor, Inc., for the construction of the Salem
Avenue at First Street Storm Drain Replacement, consisting of
replacing existing culvert with new storm drain pipes and drop inlets,
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 167.)
Mr. Parrott moved the adoption of Ordinance No. 33574-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott,,Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
UNFINISHED BUSINESS: None.
368
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ACTION:
CITY CODE-BUILDINGS/BUILDING DEPARTMENT-RENTAL
INSPECTION PROGRAM: Ordinance No. 33552 repealing Chapter 7,
Buildin_~ Re_eulations, of the Code of the City of Roanoke (1979), as
amended, and enacting new Chapter 7, Buildin_= Re_~ulafions, to provide
for regulations relating to the construction, alteration or repair of
buildings or structures within the City; and to provide for a rental
certificate of compliance program; effective on and after September 1,
1997, having previously been before the Council for its first reading on
Monday, August 18, 1997, read and adopted on its first reading and laid
over, was again before the body, Mr. Parrott offering the following for
its second reading and final adoption:
(#33552-090297) AN ORDINANCE repealing Chapter 7, Building
Re~_ulations, of the Code of the City of Roanoke (1979), as amended,
and enacting new Chapter 7. Buildin_~ Re_~ulations, to provide for
regulations relating to the construction, alteration or repair of buildings
or structures within the City; and to provide for a rental certificate of
compliance program; and providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 60, page 138.)
Mr. Parrott moved the adoption of Ordinance No. 33552-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ................................................................... 0.
STREETS AND ALLEYS-VIRGINIA TRANSPORTATION MUSEUM:
Ordinance No. 33560 permanently vacating, discontinuing and closing
a certain section of Norfolk Avenue, S. W., beginning at the easterly
intersection of Third Street and Norfolk Avenue, and running in an
easterly direction to Second Street and the Second Street Bridge,
terminating at the southeasterly corner of the Virginia Museum of
Transportation building and the northeasterly corner of Official Tax No.
1010206, having previously been before the Council for its first reading
on Monday, August 18, 1997, read and adopted on its first reading and
laid over, was again before the body, Mr. White offering the following
for its second reading and final adoption:
369
ACTION:
ACTION:
(#33560-090297) AN ORDINANCE permanently vacating,
discontinuing and closing certain public right-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 60, page 151.)
Mr. White moved the adoption of Ordinance No. 33560-090297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
ZONING: Ordinance No. 33561 amending proffered conditions
presently binding on a certain tract of land, more specifically described
as Lots 1 - 3, inclusive, and a .125-acre tract, being a portion of a larger
tract of land located at 1930 Electric Road, S. W., (formerly known as
1910 McVitty Road, S. W.), and designated as Official Tax No. 5100809,
now a portion of Official Tax No. 5090209, and filed as Exhibit A with
the First Amended Petition filed on August 1, 1997, previously
conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted
on September 25, 1995, having previously been before the Council for
its first reading on Monday, August 18, 1997, read and adopted on its
first reading and laid over, was again before the body, Mr. Harris
offering the following for its second reading and final adoption:
(#33561-090297) AN ORDINANCE to amend §§36.1-3 and 36.1-4,
Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510
and 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend
certain conditions presently binding upon certain property previously
conditionally zoned CN, Neighborhood Commercial District.
(For full text of Ordinance, see Ordinance Book No. 60, page 153.)
Mr. Harris moved the adoption of Ordinance No. 33561-090297.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
BRIDGES-STREETS AND ALLEYS: Ordinance No. 33562 closing
and discontinuing, by barricade, a portion of Ferdinand Avenue, S. W.,
370
ACTION:
between Mountain Avenue and Elm Avenue; and a section of Eighth
Street, S. W., between Elm Avenue and Day Avenue, having previously
been before the Council for its first reading on Monday, August 18,
1997, read and adopted on its first reading and laid over, was again
before the body, Mr. Trout offering the following for its second reading
and final adoption:
(~33562-090297) AN ORDINANCE authorizing the alteration and
closing by barricade of certain public rights-of-way in the City of
Roanoke, Virginia, as are more particularly described hereinafter.
(For full text of Ordinance, see Ordinance Book No. 60, page 155.)
Mr. Trout moved the adoption of Ordinance No. 33562-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None .0.
The Mayor inquired as to when realignment of the Wasena
Bridge/Elm Avenue intersection project will commence; whereupon, the
Director of Public Works advised that he would submit a status report.
Council Member Trout suggested that signs be installed for the benefit
of the general motoring public prior to construction of the barricade.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL-FIFTH PLANNING
DISTRICT COMMISSION: Mr. Trout offered the following resolution
rescheduling the September 15, 1997 City Council meeting to
September 22, 1997; and rescheduling the October 20, 1997 City
Council meeting to October 22, 1997, due to scheduling conflicts in
connection with the First Leadership meeting sponsored by the Fifth
Planning District Commission and the Virginia Municipal League,
respectively:
(~t33575-090297) A RESOLUTION amending the regular meeting
schedule of City Council to provide that the scheduled September 15,
1997, meeting shall be rescheduled to September 22, 1997, and
the scheduled October 20, 1997, meeting shall be rescheduled to
October 22, 1997.
371
ACTION:
(For full text of Resolution, see Resolution Book No. 60, page 168.)
Mr. Trout moved the adoption of Resolution No. 33575-090297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
VALLEY VIEW MALL-ZONING-STATE HIGHWAYS-COUNCIL-
REFUSE COLLECTION-STREETS AND ALLEYS: Council MemberWhite
expressed concern with regard to the accumulation of litter and debris
along interstate ramps, specifically 1-581 in the area of Orange Avenue
and Valley View Mall. He stated that the situation should be addressed
through a public information campaign and the posting of signs
advising motorists of the consequences of littering. He called attention
to the difference in the quality of maintenance of interstate highways
in northern Virginia compared to southwest Virginia.
Council Member Swain expressed concern regarding
depreciation of property values as a result of littering. He reiterated the
remarks of Mr. White that signs should be posted informing citizens of
the consequences of littering. He also expressed concern with regard
to certain businesses in residential neighborhoods that have allowed
unsightly conditions to exist in and around the property, which
businesses are grandfathered and cannot be deemed as prohibited
uses pursuant to provisions of the City's Zoning Ordinance. He stated
that junk cars should be reported by citizens so that they can be
removed from the premises. He called attention to condemned
structures which have been deemed to be unsafe by the City, and
advised that when hazardous conditions exist that endanger the lives
of citizens, procedures to enable the structures to be razed should be
expedited by the City.
372
Council Member Parrott advised that litter is not just a City
problem, but a people problem, because people litter. He stated that
some level of educating citizens is needed, there are some sections of
the City where residents pick up the litter and other sections where
litter is allowed to accumulate, and the citizens should assume a sense
of responsibility because there is no reason why a citizen cannot pick
up litter in front of their own residence.
With regard to littering on interstate ramps, Council Member
Trout advised that many motorists traveling on 1-581 are en route to
Valley View Mall, and while they may leave litter in the area, they are
also spending money at Valley View Mall, and it may become necessary
for the City to assume the responsibility for litter clean-up on the
interstate ramps. He referred to those areas of interstate ramps that are
sponsored by individual citizens or local businesses for clean- up, and
suggested that the Clean Valley Council encourage those individuals
or businesses to increase their clean-up activities.
In response to concerns expressed by Members of Council, the
City Manager advised that the Clean Valley Council is working in all of
the City schools to raise the level of consciousness of young persons
regarding the maintenance of property. He called attention to ongoing
studies by City staff regarding the availability of equipment to enhance
clean up efforts without relying entirely on manpower. With regard to
the condition of interstate ramps in the City, he stated that it is
disheartening to see the different standard of maintenance that exists
in the northern Virginia area compared with conditions in southwest
Virginia, He advised that the matter has been discussed by City
officials on numerous occasions with State legislators and Virginia
Department of Transportation officials and some progress has been
made.
Vice-Mayor Wyatt expressed concern as to whether the City is
receiving its fair share of State funding for maintenance/beautification
of interstate highways and roads within the City of Roanoke compared
with other localities in the Commonwealth of Virginia; whereupon, the
Mayor requested that the City Manager discuss the matter with Senator
John S. Edwards and Delegates A. Victor Thomas and Clifton A.
Woodrum, III.
373
PARKS AND RECREATION-SCHOOLS: Vice-Mayor Wyatt
commended City and School officials on the Breckinridge Fitness
Center and the establishment of computer classes in fifteen City
schools for senior citizens, which are both steps in the right direction
to decentralize certain services offered by the City. She advised that
there should be a parks and recreation program in every school
building in the City of Roanoke to provide supervised activities for
children after school hours.
SIGNS/BILLBOARDS/AWNINGS-COMPLAINTS: Council Member
Trout expressed concern with regard to the growing number of small
signs which have been installed on public rights-of-way advertising
local businesses. He referred specifically to the areas of Franklin Road
and Wonju Street, S. W., and requested that the matter be referred to
the City Manager for investigation and report to Council.
PARKS AND RECREATION-COUNCIL-REFUSE COLLECTION:
Council Member Harris expressed concern that the City recently
installed new fixtures in the bathroom facility at Eureka Park which
have been vandalized, thereby making them totally useless. He stated
that it is discouraging when the City responds by spending taxpayers'
money to address community needs, only to find that vandalism has
occurred. He advised that whether it is a litter problem, or vandalism
to parks, or the teenage pregnancy rate, etc., a great deal of the remedy
involves citizens taking responsibility for the appearance and
maintenance of their community.
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-ROANOKE CiViC CENTER: Ms. Helen E. Davis, 35
Patton Avenue, N. E., expressed concern with regard to the appearance
of the Roanoke Civic Center on the side facing Madison Avenue, N. E.,
in the Historic Gainsboro area. She called attention to the need for
beautification of the area.
Without objection by Council, the Mayor advised that the remarks
of Ms. Davis would be referred to the City Manager.
At 3:35 p.m., the Mayor declared the meeting in recess.
At 3:55 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
374
ACTION:
ACTION:
COUNCIL: With respect to the Executive Session just concluded,
Mr. Swain moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Harris, Parrott, Swain, Trout, White,
Wyatt and Mayor Bowers ........................................................... 7.
NAYS: None. 0.
COMMITTEES-ECONOMIC DEVELOPMENT: The Mayor advised
that there is a vacancy on the Economic Development Commission
created by the resignation of Kenneth L. Prichett, and called for
nominations to fill the vacancy.
M~. Trout placed in nomination the name of John P. Baker.
There being no further nominations, Mr. Baker was elected as a
member of the Economic Development Commission, for a term ending
June 30, 2000, by the following vote:
FOR MR. BAKER: Council Members Harris, Parrott, Swain, Trout,
White, Wyatt and Mayor Bowers ................................................... 7.
Inasmuch as Mr. Baker is not a resident of the City of Roanoke,
Mr. Trout moved that the City residency requirements for persons
serving on authorities, boards, commissions and committees
appointed by the Council be waived in this specific instance. The
motion was seconded by Mr. Swain and unanimously adopted.
COMMITTEES-CONVENTION & VISITORS BUREAU: The Mayor
advised that there is a vacancy on the Roanoke Valley Convention &
Visitors Bureau Board of Directors created by the resignation of
J. Granger Macfarlane, and called for nominations to fill the vacancy.
375
Mr. Swain placed in nomination the nameof Sunny Shah.
There being no further nominations, Mr. Shah was elected as a
member of the Roanoke Valley Convention & Visitors Bureau Board of
Directors, for a term ending June 30, 1998, by the following vote:
ACTION:
FOR MR. SHAH: Council Members Harris, Parrott, Swain, Trout,
White, Wyatt and Mayor Bowers ................................................... 7.
ACTION:
Inasmuch as Mr. Shah is not a resident of the City of Roanoke,
Mr. Trout moved that the City residency requirement for persons
serving on authorities, boards, commissions and committees
appointed by the Council be waived in this specific instance. The
motion was seconded by Mr. Swain and unanimously adopted.
There being no further business, the Mayor declared the meeting adjourned
at 4:00 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
376
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
September 22, 1997
12:15 p.m.
The Council of the City of Roanoke met in regular session in the City Council
Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, September 22, 1997, at 12:15 p.m., the regular meeting hour,
with Mayor David A. Bowers presiding, pursuant to Rule 1, Re~_ular Meetincjs, of
Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members Carroll E. Swain, James O. Trout, William White,
Sr., Linda F. Wyatt and Mayor David A. Bowers ................................................ 5.
ABSENT: Council Members C. Nelson Harris and John H. Parrott ............. 2.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
HOUSING/AUTHORITY: The City Manager presented a briefing with regard to
the proposal of the Roanoke Neighborhood Development Corporation, advising that
on November 16, 1996, the Mayor's Henry Street Revival Committee brought back
its final report to Council, and on September 18-19, 1997, representatives of the City
met with F. A. Johnson Consulting, Inc., to tour project areas in August, Georgia and
Columbia, South Carolina.
Mr. John Marlles, Chief of Community Planning, advised that since
February 1997, members of the Gainsboro neighborhood have been meeting with
representatives of the F. A. Johnson Consulting, Inc., company to become a
neighborhood community development corporation; that the officers of the Roanoke
Neighborhood Development Corporation are Claudia A. Whitworth, Chairman,
Evelyn D. Bethel, Vice-Chairman, Vernice Law, President, Jessie Brown, III, Vice-
President, and Charles Price, Treasurer; that the group is interested in developing
a community development corporation, and on August 7, 1997, the Roanoke
Neighborhood Development Corporation submitted a Community Development
Block Grant proposal in the amount of $192,200.00, for the first year work program;
on August 19, 1997, an administrative public hearing was held, with forty-four
citizens appearing in support of an amendment to the City's Consolidated Plan,
which if approved by City Council, would permit the City to fund the first year of the
new group proposed work program with Community Development Block Grant funds
previously approved by Council for infrastructure improvements on Henry Street;
and representatives of the City met with F.A. Johnson Consulting, Inc., in
September 1997 to tour project areas in Georgia and South Carolina.
377
It was explained that the Roanoke Neighborhood Development Corporation's
proposed scope of work is as follows:
Phase I - Year One (within one month of signing the agreement)
A. F.A. Johnson and staff would be on site to begin board training
Conduct at least four organizational training sessions using a
non-profit development manual customized for Roanoke
Conduct two planning workshops for determining project area
location
Review existing plans and/or studies. Intent is not to write
another plan
Prepare a three year implementation strategy to provide a
blueprint for the new Community Development Corporation
Identify at least two "catalyst projects" and assist with
development packaging (projects could be either commercial or
residential).
Phase II
A. Obtain financing for catalyst projects
B. Selected board training.
Mr. Marlles advised that it is the staff's intention to present a report for
Council's consideration on October 6, 1997, recommending an amendment to the
Annual Update to the HUD Consolidated Plan, and authorization for the City Manager
to execute an agreement with the Roanoke Neighborhood Development Corporation.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
At 12:37 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., on Monday, September 22, 1997, the regular meeting of City
Council reconvened in the Roanoke City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Mayor Bowers presiding.
378
PRESENT: Council Members John H. Parrott (arrived at 2:40 p. m.), Carroll E.
Swain, James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and
Mayor David A. Bowers ................................................................................. 7.
ABSENT: None ..................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Sandra H. Eakin, Deputy City Clerk.
The reconvened meeting was opened with a prayer by the Reverend John
Ault, Pastor, Grace Covenant Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
PRESENTATIONS:
ROANOKE SYMPHONY ORCHESTRA: David Wiley, Music
Director & Conductor, Roanoke Symphony Orchestra & Roanoke Valley
Choral Society, performed a musical selection. The Mayor presented
Mr. Wiley with a crystal star and a City Seal coaster/paper weight.
RIVER PARKWAY/EXPLORE PARK: Council Member Harris
introduced Roger F. EIImore, the new Executive Director of the Explore
Park. Mr. Harris presented Mr. EIImore with a crystal star and City Seal
coaster/paper weight.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent
Agenda were considered to be routine by the Members of Council and
would be enacted by one motion in the form, or forms, listed on the
Consent Agenda, and if discussion was desired, that item would be
removed from the Consent Agenda and considered separately. He
called specific attention to a request for an Executive Session to
discuss personnel matters with regard to vacancies on various
authorities, boards, commissions and committees appointed by the
Council.
MINUTES: Minutes of the City Council Personnel Committee
meeting held on Saturday, May 31, 1997; and the regular meetings of
Council held on Monday, June 2, 1997, and Monday, June 16, 1997,
were before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
ACTION:
ACTION:
379
Mr. White moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... 0.
(Council Member Parrott had not entered the meeting.)
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council convene in Executive Session to
discuss personnel matters relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council,
pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended,
was before the body.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White moved that Council concur in the request of the Mayor
to convene in Executive Session to discuss personnel matters relating
to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(I), Code of Virginia (1950), as amended. The motion was seconded
by Mr. Swain and adopted by the following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Parrott had not entered the me~ting.)
FIFTH PLANNING DISTRICT COMMISSION-OATHS OF OFFICE-
COMMITTEES: The report of qualification of C. Nelson Harris as a City
representative to the Fifth Planning District Commission for a term
ending June 30, 2000, was before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
380
ACTION:
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Swain and adopted by the
following vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None--
.0.
(Council Member Parrott had not entered the meeting.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
PETITIONS AND COMMUNICATIONS:
BONDS/BOND ISSUES-SCHOOLS: A communication from the
Roanoke City School Board advising that as the result of official School
Board action at a special meeting on September 9, 1997, the Board
approved an application and adopted a resolution for Roanoke City
Public Schools to participate in the 1997 Virginia Public School
Authority (VPSA) bond issue, with proceeds of the bond issue to be
used in lieu of the Literary Fund loan approved by the State for
Woodrow Wilson Middle School, and requesting that Council adopt a
resolution indicating that the City desires to participate in the VPSA
bond issue; and if the application is approved by the VPSA Board,
Council will be requested to conduct public hearings and perform any
other procedural matters that may be required for participation in the
VPSA bond issue, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#33576-092297) A RESOLUTION authorizing and directing the
City Manager to file an application with the Virginia Public School
Authority seeking interest rate subsidy bond financing in an amount
not to exceed $5,000,000.00 to finance certain capital improvements in
connection with Woodrow Wilson Middle School, previously approved
by the Council at its December 16, 1996, meeting.
(For full text of Resolution, see Resolution Book No. 60, page 170.)
381
ACTION:
Mr. White moved the adoption of Resolution No. 33576-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....................................................................... O.
(Council Member Parrott had not entered the meeting.)
BONDS/BOND ISSUES-LOANS-SCHOOLS: A communication
from the Roanoke City School Board requesting that Council approve
a State Literary Fund loan application in the amount of $1.25 million for
improvements to Huff Lane Elementary School, was before the body.
It was advised that the project includes improvements at Huff
Lane School to reduce safety and environmental concerns near Valley
View Mall where an access road is being developed approximately 59
feet from the school; the improvements include air conditioning,
soundproofing, and the addition of four classrooms; the loan
application, which includes a resolution for architectural supervision,
is being submitted as a contingency in the event City bond funds are
not available; and the School Board will be responsible for debt service
on $400,000.00 of the $1.25 million cost, with the City to be responsible
for debt service on the remaining balance.
(For full text, see communication on file in the City Clerk's Office.)
Mr. Swain offered the following resolution:
(#33577-092297) A RESOLUTION authorizing the School Board
for the City of Roanoke to expend funds for adding to and improving
the present school building at Huff Lane Elementary School and
declaring the City's intent to borrow to fund or reimburse such
expenditures.
(For full text of Resolution, see Resolution Book No. 60, page 171.)
382
ACTION:
Mr. Swain moved the adoption of Resolution No. 33577-092297.
The motion was seconded by Mr. Trout and adopted by the following
vote:
ACTION:
AYES: Council Members Swain, Trout, White, Harris and
Mayor Bowers ............................................................................ 5.
NAYS: Vice-Mayor Wyatt
(Council Member Parrott had not entered the meeting.)
Mr. Swain offered the following resolution:
(#33578-092297) A RESOLUTION authorizing the School Board
for the City of Roanoke to make application for a loan from the State
Literary Fund for modernizing Huff Lane Elementary School.
(For full text of Resolution, see Resolution Book No. 60, page 172.)
Mr. Swain moved the adoption of Resolution No. 33578-092297.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 5.
NAYS: Vice-Mayor Wyatt ................................................. 1.
(Council Member Parrott had not entered the meeting.)
BUDGET-CAPITAL IMPROVEMENTS PROGRAM-GRANTS-
SCHOOLS: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts,
was before Council.
Proceeds from the 1997-98 Capital Maintenance and
Equipment Replacement Fund in the amount of
$805,182.00 are requested for the following summer
capital projects --school buses, playground equipment,
school paving improvements, school technology
equipment, facility maintenance, asbestos abatement, roof
replacement, operational service equipment, facility
improvements at Garden City, Huff Lane, Jackson, and
Breckinridge, Round Hill addition, school alterations,
elementary modular buildings, and modular equipment.
Grant No. 6314 $721,754.00 for the 1997-98 Magnet
383
School Program to provide for the operation of the Magnet
School programs at the Huff Lane MicroVillage and
Lincoln Terrace Saturn Network. This is a continuing
program and is 100 per cent reimbursed by Federal funds.
Grant No. 6968 $12,326.00 for the Mentor-teacher
program to train experienced teachers to act as mentors
to newly hired teachers during the new teachers' initial
year of employment. This is a continuing program and is
reimbursed by State grant funds totaling $6,163.00, with a
local match of $6,163.00.
Grant No. 6967 - $15,000.00 for the Southern Regional
Education Program to provide leadership training to
members of the City Schools' top management team in
order to assist the district in accomplishing its long-term
educational goals. This is a continuing program and the
contribution has been received.
Grant No. 6969 - $11,590.00 for the Learn & Serve
Program to expand the Teen Outreach Program services
to include alternative programs. This is a new program
and Federal grant funds will be provided.
A report of the Director of Finance concurring in the request of
the School Board was also before Council.
(For full text, see communication and report on file in the City Clerk's
Office.)
Mr. Trout offered the following emergency budget ordinance:
(~t33579-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 School Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 173.)
384
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33579-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None .0.
(Council Member Parrott had not entered the meeting.)
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-NEIGHBORHOOD ORGANIZATIONS-COMMUNITY
PLANNING-GRANTS: The City Manager submitted a written report
advising that each year the City receives Community Development
Block Grant (CDBG) entitlement funds from the U. S. Department of
Housing and Urban Development (HUD) to implement a variety of
community development programs which are outlined each year as an
Annual Update to the Five-Year Consolidated Plan; on February 10,
1997, the Melrose/Rugby Neighborhood Forum submitted a proposal
requesting $38,300.00 for the purchase and rehabilitation of an
unidentified building in its neighborhood to use as an office and
community center; on March 6, 1997, the Neighborhood and Economic
Development Committee reviewed the request and due to lack of
information, it was recommended that the project not be funded; and
on March 19, 1997, the Budget Preparation Committee reviewed the
request and recommended that the project not be funded.
It was further advised that by letter dated April 8, 1997, and at the
Council meeting on April 21, 1997, Estelle H. McCadden, President,
Melrose/Rugby Neighborhood Forum, Inc., requested that Council fund
the project; the amount originally requested was reduced by $8,300.00;
City staff has been working with the Neighborhood Forum to identify
the actual costs for funding the project; the actual costs to purchase
the building located at 1730 Melrose Avenue, N. W., and purchase a
furnace totals $31,946.00; and the City will need to amend the Annual
Update with the U. S. Department of Housing and Urban Development.
ACTION:
385
The City Manager recommended that
following actions: --~* -
Council concur in
the
Authorize the City Manager or Assistant City Manager to
execute and the City Clerk to attest a grant agreement with
the Melrose/Rugby Neighborhood Forum, Inc., providing
for a grant of $30,000.00 in Community Development Block
Grant funds for the acquisition of a new facility and
furnace, said agreement to be approved as to form by the
City Attorney; the grant agreement would be contingent on
the fact that the Melrose/Rugby Neighborhood Forum, Inc.,
would have the additional money to repair and renovate
the building to bring it into compliance with all applicable
codes, as well as all applicable U. S. Department of
Housing and Urban Development regulations;
Transfer Community Development Block Grant funds
($30,000.00) from CDBG Contingency Account No. 035-
097-9740-5197 to Account No. 035-097-9737-5278 entitled,
Melrose/Rugby Neighborhood Forum; and
Amend the Annual Plan, submit the appropriate
amendment, if necessary, to HUD after the required 30-day
citizen review period, provided no compelling objections
to the amendment exist.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#33580-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 176.)
Mr. White moved the adoption of Ordinance No. 33580-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ........................................................................ 0.
(Council Member Parrott had not entered the meeting.)
386
ACTION:
Mr. White offered the following resolution:
(#33581-092297) A RESOLUTION authorizing the City Manager to
amend the Annual Update of the Entitlement Consolidated Plan for
FY 1997-98, and to execute documents in connection with said
amendment; and authorizing execution of an Agreement with
Melrose/Rugby Neighborhood Forum, Inc.
(For full text of Resolution, see Resolution Book No. 60, page 177.)
Mr. White moved the adoption of Resolution No. 33581-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None -0.
(Council Member Parrott had not entered the meeting.)
BUDGET-BRIDGES-NORFOLK SOUTHERN CORPORATION-
HUNTER VIADUCT: The City Manager submitted a written report
advising that the City awarded an engineering services contract to
Hayes, Seay, Mattern and Mattern Inc., on September 11, 1989; Phase I
of that contract was for preparing a plan for demolition of the Jefferson
Street leg of the Hunter Viaduct's lower bridge abutment and four lower
bridge spans; Phase II was for preparing a plan for the demolition of the
remainder of the Jefferson Street leg of the Hunter Viaduct; Amendment
No. 1, in the amount of $92,138.00, was approved on December 12,
1994, for the development of plans for the demolition of the remaining
spans of the Jefferson Street leg; in addition, Phase II includes
modification and rehabilitation of the Williamson Road leg and a right
turn lane onto Salem Avenue; Amendment No. 2, in the amount of
$16,100.00, was requested by the Norfolk Southern Corporation to
study the feasibility of providing 21' 0" clearance above the tracks
under Span 7Aa Norfolk Southern has reimbursed the City for the actual
cost of the feasibility study, in the amount of $15,779.00; the study
revealed that the 21' 0" clearance was obtainable, and the railroad has
offered $950,000.00 cost contribution, upon certain conditions as more
fully described in the report; and Norfolk Southern has also offered to
donate the additional permanent easement for the bridge widening for
the left turn lane onto Salem Avenue and temporary construction
easement at approximate Milepost N-257.37.
387
It was further advised that redesign of portions of the bridge
is required to accommodate Norfolk Southern Railway's desire for the
21-foot vertical clearance, at a cost of $84,017.00; and during the
preliminary design process for Phase II, it became apparent that the
most cost-effective rehabilitation would involve replacing all structural
steel on the bridge, at an additional cost of $29,575.00.
The City Manager recommended that Council concur in the
following actions:
Authorize the City Manager to execute Amendment No. 3,
in the amount of $113,592.00, $29,575.00 for services
related to replacing all structural steel and $84,017.00 for
redesign services related to Norfolk Southern's request for
additional clearance;
Appropriate $84,017.00 to the Hunter Viaduct Account No.
008-052-9636-9004 in the Capital Projects Fund from funds
to be provided by Norfolk Southern; establish a receivable
in the amount of $84,017.00 for Norfolk Southern's share,
with the remaining contribution from Norfolk Southern
($865,983.00) to be appropriated when the bid for
construction services is awarded;
Authorize the City Manager to accept the permanent
easement for the widening of the bridge for the left turn
lane onto Salem Avenue and temporary construction
easements donated by the railroad; and
Authorize the City Manager to execute an agreement, in a
form to be approved by the City Attorney, with Norfolk
Southern for the proposed $950,000.00 contribution, with
the form of agreement to be in substantial conformity with
the draft attached to the report.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33582-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 178.)
388
ACTION:
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33582-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ....
.0.
(Council Member Parrott had not entered the meeting.)
Mr. Trout offered the following resolution:
(#33583-092297) A RESOLUTION authorizing execution of
Amendment No. 3 to the City's contract with Hayes, Seay, Mattern &
Mattern, Inc., for additional services in connection with the Hunter
Viaduct/Williamson Road Bridge project, authorizing execution of an
agreement with Norfolk and Western Railway Company providing for
a contribution toward the cost of this project along with a permanent
easement and temporary construction easements necessary for the
construction of a turn lane onto Salem Avenue from the Williamson
Road Bridge.
(For full text of Resolution, see Resolution Book No. 60, page 179.)
Mr. Trout moved the adoption of Resolution No. 33583-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ,0.
(Council Member Parrott had not entered the meeting.)
BUDGET-PURCHASE/SALE OF PROPERTY-BONDS/BOND
ISSUES-FLOOD REDUCTION/CONTROL: The City Manager submitted
a written report advising that Peters Creek is a multi-jurisdictional
watershed that flows in a southward direction from its headwaters
located north of Interstate 81; large numbers of residences and
businesses are located in the Iow-lying areas adjacent to Peters Creek
and its tributaries, which areas experience periodic flooding; the 1992
389
Bond Issue included $4.0 million to address flooding problems in the
Peters Creek watershed; and a four-phase flood reduction plan was
prepared by City staff in coordination with the consulting engineer,
Mattern & Craig, Inc., which is as follows:
Phase I:
Channel widening and replacement of five
culverts
Phase I1: Channel clearing and snagging
Phase II1: Construct two regional detention basins
Phase IV: Floodproofing program
It was further advised that the first two phases are complete and
have provided significant improvement to area residents; with regard
to Phase III, two regional detention basins are proposed to be
constructed, the Lower North Lakes Basin and the Montclair Basin;
both basins are to be located on vacant land in Roanoke County; the
estimated cost for both basins is $1,600,000.00 including land costs; all
necessary regulatory approvals have been obtained to construct the
basins with the exception of a Special Use Permit to be issued by
Roanoke County, which is scheduled to be voted on by the Roanoke
County Planning Commission on October 7, 1997, and the Roanoke
County Board of Supervisors on October 28, 1997; a total of 14
properties are needed to construct both basins; the Lower North Lakes
Basin requires five parcels, at an estimated cost of $200,000.00, and the
Montclair Basin requires nine parcels, at an estimated cost of
$350,000.00; Council adopted Ordinance No. 33112-090396 on
September 3, 1996, which provided for acquisition of property rights
needed for construction of Lower North Lakes and Montclair Detention
Basins; on September 3, 1996, Council also adopted Ordinance No.
33111-090396 which provided partial funding ($50,000.00) for property
acquisition and $21,000.00 for additional engineering; in 1992,
construction plans and specifications for this project were prepared by
Mattern & Craig, Inc., Consulting Engineers, which are now in need of
updating and modification before the project can be bid; and a budget
ordinance is needed to provide funds for the balance of property
acquisition and additional engineering needed to complete the project.
The City Manager recommended that Council concur in the
following actions:
390
ACTION:
Transfer $500,000.00 from Public Improvement Bonds
Series 1992A, Account Number 008-052-9700-9176, to
Peters Creek Land Acquisition, Account Number 008-056-
9656-9001; and
Transfer $55,000.00 from Public Improvement Bonds
Series 1992A, Account Number 008-052-9700-9176, to
Peters Creek Additional Engineering, Account Number
008-056-9657-9001.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency budget ordinance:
(#33584-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 181.)
Mr. Harris moved the adoption of Ordinance No. 33584-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None ................................................................... 0.
(Council Member Parrott had not entered the meeting.)
BUDGET-PURCHASE/SALE OF PROPERTY-HOUSING/
AUTHORITY-COMMUNITY PLANNING-GRANTS: The City Manager
submitted a written report advising that the 1996 Virginia General
Assembly appropriated $500,000.00 for the Abandoned Housing
Clearance Fund, "to provide financial assistance for acquisition,
demolition or clearance of abandoned housing"; the Virginia
Department of Housing and Community Development's (DHCD)
intention for the program is to use the funds primarily to support
projects with plans for productive reuse that will result in a noticeable
impact i~ a specific area; Roanoke was one of 12 communities eligible
for program funding of up to $100,000.00 per locality; on February 18,
1997, Council authorized the City Manager to apply for a grant through
the program; and the City Manager submitted an application for
$100,000.00 to assist potential improvement projects along Elm
Avenue, S. W., near downtown.
391
It was further advised that the Virginia DeBartment of Housing
and Community Development has approved Roanoke's application for
$100,000.00 to support one or more of the projects identified in the
application; the project identified in the application as first priority for
use of the funds, i.e., 716-718-720-722 First Street, S. W., at the
northeast corner of Elm Avenue and First Street, S. W., has proceeded
to the point that its renovation is imminent; and analysis of the project
and negotiations with the developers have resulted in plans to commit
$85,000.00 of Abandoned Housing Clearance Fund funds to enhance
the project, with the remaining $15,000.00 to be reserved for potential
use to support another project, but to allow it also to be added to the
First Street project if the other potential project does not materialize.
The City Manager recommended that Council concur in the
following actions:
Authorize the City Manager or the Assistant City Manager
to execute the Abandoned Housing Clearance Fund
Agreement with the Virginia Department of Housing and
Community Development to accept the grant of
$100,000.00;
Authorize the City Manager or the Assistant City Manager
to execute a Subgrantee Agreement with the owners/
developers of 716-718-720-722 First Street, S. W., to
support the redevelopment of the property, said
Agreements to be approved as to form by the City
Attorney; and
Appropriate $100,000.00 to revenue and expenditure
accounts to be established by the Director of Finance in
the Grant Fund.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33585-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 182.)
392
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33585-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Swain, Trout, White, Wyatt, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: None
.0.
(Council Member Parrott had not entered the meeting.)
At this point, 2:40 p.m., Council Member Parrott entered the
meeting.
Mr. Trout offered the following resolution:
(#33586-092297) A RESOLUTION authorizing execution of the
Abandoned Housing Clearance Fund Agreement with the Virginia
Department of Housing and Community Development to accept grant
funds, and authorizing execution of a Subgrantee Agreement with the
owners of certain property located on First Street, S. W., upon certain
terms and conditions.
ACTION:
(For full text of Resolution, see Resolution Book No. 60, page 183.)
Mr. Trout moved the adoption of Resolution No. 33586-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ................................................................ 0.
HUMAN DEVELOPMENT-LEASES: The City Manager submitted
a written report advising that the Employment Services Program, a unit
of Social Services, operates programs to aid welfare recipients in
finding full-time, unsubsidized employment in order to achieve financial
independence; Virginia's Initiative for Employment Not Welfare (VIEW)
will be implemented in the City on October 1, 1997, which is the work
component of the Virginia Independence Program which was passed
by the Virginia General Assembly in 1995; VIEW anticipates that the
caseloads will increase to more than 750 from the current 200 due to
fewer exemptions and changes in program requirements; an additional
seven permanent staff positions have been approved to handle the
393
increase; in-house training programs will also be offered to
approximately 70 clients on a daily basis, requiring two additional
contract staff members; and current space is insufficient to house the
additional staff and to meet classroom needs.
It was further advised that Employment Services has located
6,673 square feet of space in the Signet Bank Building, 110 Church
Avenue, S. W., that is suitable to house the Employment Services
Program and staff; and arrangements have also been made with
AIIright Parking for 20 parking spaces (three for staff and 17 for clients)
in the Church Avenue Parking Garage at $50.00 per month per space.
The City Manager recommended that Council authorize execution
of a lease agreement, in a form to be approved by the City Attorney, as
summarized above.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency ordinance:
(#33587-092297) AN ORDINANCE authorizing the City Manager
to enter into an agreement with Signet Bank, for the leasing of office
and classroom space within the Signet Bank Building to house the
Employment Services Program and staff, upon certain terms and
conditions; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 184.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33587-092297.
The motion was seconded by Mr. Harris.
Ms. Wyatt stated that she has long been a proponent of moving
the Social Services Department out of the realm of the downtown area,
and for that reason, she does not plan to vote in favor of this request
for office space for the Social Services Employment Services division.
Mr. Swain stated that he agreed with Ms. Wyatt; that he believes
these social service activities should be moved out of the downtown
area to better respond to the citizens' needs; and he would like to see
the City look at moving these services out of the downtown area.
Mr. White pointed out the question of whose school and
neighborhoods these services should be moved to, and stated that he
believes downtown is everyone's neighborhood and is a central
location.
394
Ms. Wyatt stated that she is proposing every neighborhood and
every school.
Mr. Swain stated that there are facilities available in every
neighborhood and it is time to take a look at moving some of these
elements outside of the downtown area.
Mr. White pointed out the need to look at the costs that would be
involved in moving these services to neighborhoods and schools.
Ordinance No. 33587-092297 was adopted by the following vote:
AYES: Council Members Parrott, Trout, White, Harris and
Mayor Bowers ........................................................................... 5.
NAYS: Council Member Swain and Vice-Mayor Wyatt ............2.
POLICE DEPARTMENT-GRANTS: The City Manager submitted
a written report advising that the Omnibus Fiscal Year 1997
Appropriations Act, Public Law 104-208, provides $523 million for the
implementation of the Local Law Enforcement Block Grant Program, to
be administered by the Bureau of Justice Assistance, U. S. Department
of Justice; the purpose of the Program is to provide local government
with funds to underwrite projects to reduce crime and improve public
safety; and the Roanoke City Police Department is requesting to apply
for funds under the Program to be used for paying overtime to
presently employed law enforcement officers and necessary support
personnel for the purpose of increasing the number of hours worked
by such personnel and for procuring equipment, technology, and other
material directly related to basic law enforcement functions.
It was further advised that on August 13, 1997, the Bureau of
Justice notified the Police Department that funds were still available
under the Local Law Enforcement Block Grant Program; the Bureau of
Justice Assistance advised that the City is eligible to apply to the
Bureau oi~ Justice for a direct award of $127,013.00 under the Program;
the program award would require a matching fund of $14,098.00; the
Police Department is prepared to meet the requirements mandated by
the Bureau of Justice Assistance Program and furnish the matching
funds for monies collected from Federal Asset Forfeiture Distributions
Investigations and Rewards, Account No. 035-050-3304-2150.
The City Manager recommended that Council concur in the
following actions:
Allow the application process to r~'quest Federal funding
from the Local Law Enforcement BI0 ~.~ Grant Program, in
the amoUnt of $127,013.00; and
Authorize the City Manager to execute all appropriate
documents to obtain funding for Law Enforcement
Support Efforts through the Local Law Enforcement Block
Grant Program administered by the Bureau of Justice
Assistance.
395
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33588-092297) A RESOLUTION accepting a certain Law
Enforcement Block Grant from the Commonwealth of Virginia's Bureau
of Justice Assistance and authorizing execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 60, page 184.)
ACTION: Mr. Trout moved the adoption of Resolution No. 33588-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
TOTAL ACTION AGAINST POVERTY-SCHOOLS: The City
Manager submitted a written report advising that the Federal
Government enacted the Family Preservation Act which allocates funds
to State Government to allow localities to develop programs to
strengthen family life; the Department of Social Services in conjunction
with the Roanoke Interagency Council developed a Truancy Prevention
Program to provide in-home services to families whose children have
excessive absenteeism; in August 1996, Reques~ for Proposals were
sent to vendors, and Total Action Against Poverty in the Roanoke
Valley was awarded the contract for one year to expire on
September 30, 1997; the advertisement for Request for Proposals in
August 1996, allowed for renewal of the contract for two additional one-
year periods; the renewal option is not included in the current contract
which expires on September 30, 1997; and the Department of Social
Services would like to renew the contract with Total Action Against
Poverty in the Roanoke Valley for the Program Year October 1, 1997,
through September 30, 1998.
396
The City Manager recommended that he be authorized to execute
a contract with Total Action Against Poverty in Roanoke Valley, in a
form to be approved by the City Attorney to provide in-home services
to prevent truancy in Roanoke City Schools.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33589-092297) A RESOLUTION authorizing execution of a
contract with Total Action Against Poverty in Roanoke Valley for in-
home family support services designed to prevent truancy in the
Roanoke City Schools.
(For full text of Resolution, see Resolution Book No. 60, page 185.)
ACTION:
Mr. Trout moved the adoption of Resolution No. 33589-092297.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ...................................................................... 0.
BUDGET-HUMAN DEVELOPMENT-GRANTS: The City Manager
submitted a written report advising that Virginia has been under
Federal court order since June 1991, to complete at least 97 per cent of
food stamp applications within 30 days of application date as a result
of Robertson vs. Jackson, which is a class action lawsuit filed by a
group of Virginia food stamp applicants because applications were not
being processed in a timely manner; for Federal fiscal year 1996,
Virginia had the highest food stamp error rate in the nation; for the
same time period, the City of Roanoke's internal error rate was 11.53
per cent which caused a 1.8 per cent contribution to the State's error
rate; the Roanoke City Department of Social Services has been in a
Special Corrective Action program since October, 1995 as a result of
the Iocality's error rate; Virginia implemented the program for those
agencies with the largest contribution to the State's error rate; and the
program requires second party case reviews, monthly summaries of
findings by the supervisory unit, quarterly summaries by the agency,
as well as other quality control efforts.
397
It was further advised that the City of Roanoke will not be
required to participate in the Special Corrective Action program for
Federal fiscal year 1998 since the City's contribution to the State's error
rate has now dropped to 0.72 per cent, which is below the 1.75 per cent
threshold for Special Corrective Action; the City has been allocated a
State grant in the amount of $10,672.00 to assist with further food
stamp error reduction activities; and the grant money is being allocated
to employ a part-time temporary aide to support eligibility staff.
The City Manager recommended that Council appropriate
$10,672.00 to Food Stamp Error Reduction Cost Center 001-054-5313-
2023, to accept State grant funds for food stamp error reduction
activities; and increase the General Fund revenue estimates by
$10,672.00 in Food Stamp Error Reduction Account No. 001-020-1234-
0682.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following emergency budget ordinance:
(#33590-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 186.)
ACTION:
Mr. Trout moved the adoption of Ordinance No. 33590-092297.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
At 3:00 p.m., the Mayor declared the meeting in recess.
At 3:09 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY:
The City Manager submitted a written report advising that effective
October 1, 1997, the City of Roanoke will initiate the Virginia Initiative
for Employment Not Welfare (VIEW), the JOBS program in the
398
Commonwealth of Virginia established by House Bill 2001; the City has
operated a successful employment program for welfare recipients since
enactment of the Federal Jobs Bill in 1988 to help dependent families
achieve self-sufficiency; the City's Department of Social Services
wishes to continue to contract one component of the VIEW Initiative
called Group Job Search, which offers two weeks of classroom training
to build self-esteem, motivation, and specific job-seeking skills, with an
anticipated 700+ participants for the contract period; specifications
were developed and Request for Proposals #97-6-24 was sent to 25
vendors known to be able to provide similar services; six proposal
responses were received; and negotiations were conducted with the
most qualified firm, Total Action Against Poverty in Roanoke Valley.
The City Manager recommended that he be authorized to execute
a contract, in a form to be approved by the City Attorney, for Group Job
Search with Total Action Against Poverty in Roanoke Valley, in the
amount of $53,514.00, to provide necessary training for participants to
ensure self-sufficiency; and reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33591-092297) A RESOLUTION authorizing execution of a
contract with Total Action Against Poverty in Roanoke Valley to provide
Group Job Search, a component of Virginia Initiative for Employment
Not Welfare.
ACTION:
(For full text of Resolution, see Resolution Book No. 60, page 187.)
Mr. Trout moved the adoption of Resolution No. 33591-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None .0.
HUMAN DEVELOPMENT: The City Manager submitted a written
report advising that since November 1987, the City of Roanoke
Department of Social Services has contracted for the issuance of food
stamps to an organization specifically designed to provide that type of
service; the existing contract which is administered by Cost
Containment, Inc., is scheduled to expire on October 31, 1997;
399
specifications were developed and sent to firms which provide this type
of service in Virginia; and proposals were received from Cost
Containment, Inc., and Assured Issuance, Inc.; and Assured Issuance,
Inc. provided the lowest responsible proposal that meets all required
specifications, at a cost of $.425 per transaction, an approximate
monthly amount of $2,763.00, plus postage.
The City Manager recommended that he be authorized to execute
a contract with Assured Issuance, Inc., in a form to be approved by the
City Attorney, to provide for issuance of food stamps for the period
November 1, 1997, through October 31, 1998, with the option to renew
for two additional one-year periods; and reject all other bids received
by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
ACTION:
(#33592-092297) A RESOLUTION authorizing the acceptance of
a bid and execution of a contract with Assured Issuance Incorporated,
for the provision of Food Stamp Issuance Service.
(For full text of Resolution, see Resolution Book No. 60, page 188.)
Mr. Trout moved the adoption of Resolution No. 33592-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Harris and
Mayor Bowers ............................................................................. 6.
NAYS: Vice-Mayor Wyatt ..................................................... 1.
HUMAN DEVELOPMENT-TOTAL ACTION AGAINST POVERTY:
The City Manager submitted a written report advising that Total Action
Against Poverty has been receiving funding from the City of Roanoke
since 1974; during fiscal year 1995-96, Council approved the
reformatting of the Citizens Services Committee into two committees
to review funding requests from cultural and human service agencies;
the Director of Human Development and Total Action Against Poverty
met to develop proposed program services to be provided by TAP on
behalf of the City; and program services to be provided by TAP include
the following categories:
4O0
ACTION:
Food and Nutrition
Community Development
Education and Employment
Transitional Living Center
Offender Services
Women's Resource Center
It was further advised that the Director of Human Development
and Total Action Against Poverty developed performance measures for
the goals and objectives of the proposed services included in the
contract; the performance measures will be evaluated to assure the
delivery of services to Roanoke City citizens on a monthly, quarterly,
or annual basis depending on the particular activity; and TAP provides
direct services for the City of Roanoke.
The City Manager recommended that he or his designee be
authorized to contract with Total Action Against Poverty to provide the
services as described in the contract, subject to the availability of
funding in the City's fiscal year 1997-98 operating budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout offered the following resolution:
(#33593-092297) A RESOLUTION authorizing the City Manager to
enter into a contract with Total Action Against Poverty in the Roanoke
Valley (TAP), to provide certain program services for the City, upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No. 60, page 189.)
Mr. Trout moved the adoption of Resolution No. 33593-092297.
The motion was seconded by Mr. Harris and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ................................................................ 0.
CITY CODE-CITY MARKET-LEASES: The City Manager submitted
a written report advising that an increasing number of complaints have
been received from Downtown Roanoke, Incorporated, as well as from
individual merchants and citizens regarding activity in the City Market;
401
ACTION:
and following discussion with the City Attorney, an ordinance was
prepared for Council's consideration which will be of benefit to the
Roanoke City Police Department in ensuring that the market spaces
and stalls will be used for their intended purposes.
(For full text, see report on file in the City Clerk's Office.)
Mr. Harris offered the following emergency ordinance:
(#33594-092297) AN ORDINANCE amending the Code of the City
of Roanoke (1979), as amended, by enacting new §24-76, Requirement
of a lease or permit, prohibited uses of spaces and tables; _oenalties, to
regulate the use of market spaces, stalls and tables; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 189.)
Mr. Harris moved the adoption of Ordinance No. 33594-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ....................................................................... 0.
CITY CODE-CITY EMPLOYEES-PERSONNEL DEPARTMENT: The
City Manager submitted a written report advising that a request was
made by Council to review the possibility of establishing a leave bank
for City employees; a leave bank would provide City employees with an
opportunity to be paid their salary during an illness or disability for the
time period between expiration of accumulated leave (vacation,
paid leave, sick leave, extended illness leave, holiday leave and
compensatory time) and the beginning of the City's long term disability
coverage, which was offered to City employees effective April 1996,
resulting in more than 85 per cent of employees enrolled; and major
provisions of the proposed leave bank policy include the following:
All regular employees would be eligible to participate.
Initial membership shall include 33 percent of all regular
employees in order to begin the program. Calculation will
be made on or before December 1, 1997.
402
Membership in the leave bank would be offered to new
employees and once a year to all employees.
Employees would initially contribute 16 hours of vacation
leave, paid leave, extended illness leave or sick leave to
enroll in the leave bank.
Application to withdraw hours from the leave bank would
be made by employees to an employee committee
appointed every three years by the Manager of Personnel
Management.
Employees must exhaust all available leave before leave
bank hours may be used.
Maximum leave bank hours that may be granted to an
employee would be 360 hours during a fiscal year.
Leave bank hours may be used only for the employee's
own disability and not for a family member.
Repayment by employees to the leave bank would be
required at a rate of at least 24 hours per year.
Members of the leave bank would be assessed an
additional 8 hours each when the total balance of the leave
bank becomes reduced to 800 hours.
Leave bank eligibility ceases when an employee is eligible
for the City's long-term disability coverage (90 days from
the date of disability). If an employee has not signed up
for long term disability coverage, eligibility for leave bank
benefits also ends after 90 calendar days from the date of
disability.
T'.,; number of hours of donated leave, leave usage, and
related issues shall be adjusted for 24-hour shift
employees according to leave accrual and hours worked
by such employees as set forth in the attachment to the
report.
403
ACTION:
The City Manager recommended that Council implement a leave
bank policy, effective December 1, 1997, to allow City employees to
contribute vacation leave, paid leave, extended illness leave or sick
leave to a leave bank for application for use in the case of a
catastrophic condition; and funding is provided in the regular salaries.
(For full text, see report on file in the City Clerk's Office.)
Mr. Trout moved that the following ordinance be placed upon its
first reading:
(#33595) AN ORDINANCE amending and reordaining the Code
of the City of Roanoke (1979), as amended, by enacting new §2-47,
Employee leave bank, to provide for the creation of a leave bank for
eligible employees of the City who elect to participate; establishing the
requirements and criteria for participation in such program and for
usage of such leave; authorizing the City Manager to promulgate rules
and regulations; and establishing a required participation level.
(For full text of Ordinance, see Ordinance Book No. 60, page 196.)
The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ O.
REPORTS OF COMMITTEES:
BUDGET-SEWERS AND STORM DRAINS: Council Member
John H. Parrott, Chairperson, Bid Committee, presented a written report
on behalf of the Committee, advising that the Roanoke River Interceptor
Sewer Replacement is part of the renovation and expansion of joint use
sewer facilities considered by Council at its meeting on December 13,
1993; funding in the amount of $15.7 million was approved by Council
on December 13, 1993, to support the City's share of the $41.5 million
project, which funds are from the proceeds of a general obligation bond
issue; the Roanoke River Interceptor Sewer Replacement project
replaces the existing interceptor sewer form the Water Pollution
Control Plant to the Salem City limit; Contracts Al, A2, B1 and B2
replace the existing interceptor from the Water Pollution Control Plant
to Wasena Park at Winchester Street; the project was advertised for
bids as four separate contracts, Contracts Al, A2, B1, and B2; 11 bids
404
were received from three contraCtors for the various project
alternatives with Alex E. Paris Contracting Co., Inc., submitting the Iow
bid in the amount of $18,367,063.00 for the combined Contract Al, A2,
B1, and B2; the City of Salem and Roanoke County share the cost of
the project with the City of Roanoke; and the total construction cost of
the project (Contracts Al, A2, B1, and B2) is estimated as follows:
Construction Contract
Contingency
Railroad Flagging and Construction
Total
$18,367,063.00
1,836,706.00
75,000.00
$20.278.769.00
The project cost is apportioned between the participating
jurisdictions, as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $ 7,442,308.00
33.7% 6,833,945.00
29.6% 6,002,516.00
In the event that only Sections A1 and A2 of the combined
contract are undertaken, the project cost is estimated as
follows:
Contract A1
Contract A2
Contingency
Total
$ 4,270,642.00
4,615,283.00
888.592.00
$ 9.774,517.00
The project cost is apportioned between th® participating
jurisdictions, as follows:
City of Roanoke
City of Salem
Roanoke County
36.7% $ 3,587,248.00
33.7% 3,294,012.00
29.6% 2,893,257.00
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to execute a unit price
contract for the combined contract, in a form to be
approved by the City Attorney, with Alex E. Paris
Contracting Co., Inc., in the amount of $18,367,063.00, with
540 calendar days for completion with a project
contingency of $1,836,706.00 and $75,000.00 for charges
by Norfolk Southern Corporation for flagman services; and
the contractor will only be authorized to proceed with
work on Sections A1 and A2 at this time; and
4O5
Transfer $7,442,308.00 from STP Expansion Bonds 1994,
Account No. 003-056-8465-9001, to an account to be
established by the Director of Finance entitled, "Roanoke
River Interceptor Sewer Construction"; and appropriate
$12,836,461.00 to the same account from funds to be
provided by other jurisdictions and establish accounts
receivable in the same amount.
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#33596-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Sewage Treatment Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 190.)
ACTION:
Mr. Parrott moved the adoption of Ordinance No. 33596-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Parrott offered the following emergency ordinance:
(#33597-092297) AN ORDINANCE accepting the bid of Alex E.
Paris Contracting Co., Inc., for a combined contract, including sections
Al, A2, BI, and B2, for the Roanoke River Interceptor Sewer
Replacement Project, upon certain terms and conditions, and awarding
a contract therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to the
City for the work; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 192.)
406
ACTION:
Mr. Parrott moved the adoption of Ordinance No. 33597-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None.
-0.
BUDGET-SEWERS AND STORM DRAINS: Council Member
John H. Parrott, Chairperson, Bid Committee, presented a written report
on behalf of the Committee, in connection with bids received by the
City for construction of the Baker Avenue Storm Drain Project, advising
that a significant drainage problem has existed for over 20 years on
Shenandoah Avenue between Baker Avenue and Luckett Street;
Shenandoah Avenue carries over 14,000 vehicles per day and
frequently floods to depths that slow or impede traffic; in addition,
several businesses located in this area of Shenandoah Avenue are
repeatedly flooded by the lack of proper drainage; and following proper
advertisement, five bids were received, with E. C. Pace Co., Inc.,
submitting the Iow bid, in the amount of $480,197.15.
The Bid Committee recommended that Council approve the
following actions:
Authorize the City Manager to enter into an agreement, in
a form to be approved by the City Attorney, with E. C. Pace
Co., Inc., in the amount of $480,197.15 and 240
consecutive calendar days to complete the work, with a
project contingency of $48,000.00, to construct the Baker
Avenue Storm Drain Project as designed and subject to
acquisition of necessary property rights; and
Transfer $528,197.15 from 1996 Bonds, Storm Drains,
A,.~count No. 008-052-9701-9176, to an account to be
established entitled, "Baker Avenue Storm Drain Project."
The City Manager submitted a written report concurring in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
407
ACTION:
ACTION:
(#33598-092297) AN ORDINANCE to amend and reordain certain
sections of the 1997-98 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 193.)
Mr. Parrott moved the adoption of Ordinance No. 33598-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
Mr. Parrott offered the following emergency ordinance:
(#33599-092297) AN ORDINANCE accepting the bid of E. C. Pace
Co., Inc., for the construction of the Baker Avenue Storm Drain Project,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 60, page 194.)
Mr. Parrott moved the adoption of Ordinance No. 33599-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ........................................................................ 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
C AND P TELEPHONE COMPANY-FRANCHISES-CITY
PROPERTY-SPECIAL PERMITS-TELEPHONE COMPANIES-TELEPHONE
EQUIPMENT-BELL ATLANTIC-VA., INC.: Ordinance No. 33567
authorizing the City Manager to execute on behalf of the City a
Franchise Extension Agreement with Bell Atlantic - Virginia, Inc., and
408
ACTION:
extension agreements for the Temporary Nonexclusive Revocable
License Agreements with KMC Telecom of Virginia, Inc., and American
Communication Services of Virginia, Inc., for a period of one year each,
with the other terms of the Franchise and License Agreements to
remain the same, the form of each to be approved by the City Attorney,
all as more particularly set forth in the City Manager's report dated
September 2, 1997, having previously been before the Council for its
first reading on Monday, September 2, 1997, read and adopted on its
first reading and laid over, was again before the body, Mr. Trout
offering the following for its second reading and final adoption:
(#33567-092297) AN ORDINANCE authorizing the City Manager
to execute on behalf of the City a Franchise Extension Agreement with
Bell Atlantic Virginia, Inc., and extension agreements for the
Temporary Nonexclusive Revocable License Agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of
Virginia, Inc., for a period of one year each.
(For full text of Ordinance, see Ordinance Book No. 60, page 170.)
Mr. Trout moved the adoption of Ordinance No. 33567-092297.
The motion was seconded by Mr. Swain and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None. 0.
VIRGINIA MUNICIPAL LEAGUE-COUNCIL: Mr. Harris offered the
following resolution designating Vice-Mayor Linda F. Wyatt as the
Voting Delegate and Council Member Carroll E. Swain as the Alternate
Voting Delegate for the Annual Business Session of the Virginia
Municipal League to be held in Hampton, Virginia, on October 21, 1997,
and designating City Manager W. Robert Herbert as the Staff Assistant
for any meetings of the Urban Section of the League:
(#33600-092297) A RESOLUTION designating a Voting Delegate
and Alternate Voting Delegate for the Annual Business Session of the
Virginia Municipal League and designating a Staff Assistant for any
meetings of the Urban Section of the League.
(For full text of Resolution, see Resolution Book No. 60, page 195.)
ACTION:
4O9
Mr. Harris moved the adoption of Resolution No. 33600-092297.
The motion was seconded by Mr. Trout and adopted by the following
vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................. 7.
NAYS: None ............................................. ~ .......................... 0.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
SIGNS-STREETS AND ALLEYS: Council Member Trout
requested a response to his previous inquiry with regard to the
increasing number of small signs advertising local businesses which
have been placed on public rights-of-way; whereupon, Mr. Clark
advised that City staff conducted a sweep of major thoroughfares and
retrieved approximately 325 illegal signs, and these thoroughfares will
be placed on a regular schedule for removal of such signs.
COMPLAINTS-PARKS AND RECREATION: Council Member
Swain advised that he has received citizen complaints relating to the
City's weed abatement process, and suggested that the City review its
procedures and follow up after City crews have completed weed
removal to ensure that the work has been performed to the citizens'
satisfaction.
ZONING-COMMUNITY PLANNING: Council Member Swain
expressed concern with regard to the "grand fathering clause" relating
to junk yards, and the City's lack of authority to require fences in these
areas. He requested that City staff look at these areas and review the
City's authority to require fences to shield these areas from public
view. The Mayor requested that the City Manager contact Council
Member Swain to obtain the specific locations of these areas.
MINORITY/WOMEN OWNED BUSINESSES-PROCUREMENT
CODE: Council Member Swain stated that recently he and Council
Member White requested information with regard to assistance being
given to minority/small businesses in the City, and a reply had been
received from the City administration; however, it appears the process
does not provide an opportunity for input from the businesses. He
requested that information be provided to minority/small businesses as
to how and where they may obtain help from the City, and in particular,
better explanations and assistance with regard to the City's bidding
process.
410
ACTION:
ACTION:
ACTION:
OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS:
COMPLAINTS-CITY MANAGER: Mr. Anthony Peterson, 1551
Wellsley Street, N. W., appeared before Council and expressed concern
with regard to financial and employment difficulties he is experiencing.
Without objection by Council, the Mayor requested that the City
Manager discuss the matter with Mr. Peterson.
At 3:56 p.m., the Mayor declared the meeting in recess.
At 4:15 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL: With respect to the Executive Session just concluded,
Mr. Harris moved that each Member of City Council certify to the best
of his or her knowledge that: (1) only public business matters lawfully
exempted from open meeting requirements under the Virginia Freedom
of Information Act; and (2) only such public business matters as were
identified in any motion by which any Executive Session was convened
were heard, discussed or considered by City Council. The motion was
seconded by Mr. Swain and adopted by the following vote:
AYES: Council Members Parrott, Swain, Trout, White, Wyatt,
Harris and Mayor Bowers ............................................................ 7.
NAYS: None ................................ ~ ............................... 0.
COMMITTEES-COMMUNITY PLANNING: The Mayor advised that
there is a vacancy on the City Planning Commission created by the
resignation of Carolyn H. Coles, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Cedric E. Malone.
There being no further nominations, Mr. Malone was elected as
a member of the City Planning Commission, for a term ending
December 31, 2000, by the following vote:
FOR MR. MALONE: Council Members Parrott, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers ......................................... 7.
411
ACTION:
ACTION:
COMMITTEES-ROANOKE CIVIC CENTER: The Mayor advised that
the term of office of Calvin H. Johnson as a member of the Roanoke
Civic Center Commission will expire on September 30, 1997, and called
for nominations to fill the vacancy.
Mr. Harris placed in nomination the name of Calvin H. Johnson.
There being no further nominations, Mr. Johnson was reelected
as a member of the Roanoke Civic Center Commission, for a term
ending September 30, 2000, by the following vote:
FOR MR. JOHNSON: Council Members Parrott, Swain, Trout,
White, Wyatt, Harris and Mayor Bowers ......................................... 7.
Inasmuch as Christie Meredith Kelsey, Commissioner of the City
of Roanoke Redevelopment and Housing Authority, is not currently a
resident of the City of Roanoke, Mr. Trout moved that the City residency
requirement for persons serving on authorities, boards, commissions
and committees appointed by the Council be waived in this specific
instance. The motion was seconded by Ms. Wyatt and unanimously
adopted.
At 4:18 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
On Monday, September 22, 1997, at 7:00 p.m., the Roanoke City
Council reconvened in regular session in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, with the following Council Members in attendance, Mayor
Bowers presiding.
PRESENT: Council Members John H. Parrott, Carroll E. Swain,
James O. Trout, William White, Sr., Linda F. Wyatt, C. Nelson Harris and
Mayor David A. Bowers ................................................................ 7.
ABSENT: None ................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D.
Ritchie, Sr., Assistant City Manager; Wilburn C. Dibling, Jr., City
Attorney; James D. Grisso, Director of Finance; and Sandra H. Eakin,
Deputy City Clerk.
The reconvened meeting was Opened with a prayer by Mayor
Bowers.
412
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY EMPLOYEES-PERSONNEL DEPARTMENT-AFFIRMATIVE
ACTION: Angela E. Norman, 1731 Michael Street, N. W., a City
employee, advised that she was appearing before Council as a citizen,
a minister and a City employee; that discrimination is alive and well in
the City of Roanoke in certain City departments; she has talked with the
City's Personnel Manager, Assistant City Manager and City Manager
about her concerns and they have been reactive, but not proactive; that
favoritism and nepotism takes place in City government; that having
the positions of Personnel Manager and Affirmative Action Officer
combined is a conflict of interest; the City's grievance procedure is a
dead-end procedure; and she would like to petition City Council to
separate the positions of Personnel Manager and Affirmative Action
Officer into two separate positions and have the Affirmative Action
Officer report directly to City Council.
Robert Gravely, 1524 Hanover Avenue, N. W., appeared before
Council and advised that City Council has let the problems of
discrimination and racism in the City of Roanoke go too far; that City
Council needs to go to the citizens and to the City employees to
determine the problems that exist and see that the needs of citizens
and City employees are met; and he feels these people are being
mistreated.
Evelyn D. Wheeler, 3021 Ashwood Circle, N. E., Apartment 158,
appeared before Council and advised that she is an eligibility worker
with the City's Department of Social Services and is currently involved
in a grievance action against the City, with a grievance hearing
scheduled for the month of October. She stated that there are
instances of harassment, unfair treatment, and racial discrimination
that occur in City government; that certain information about these acts
of discrimination have been reported to the Equal Employment
Opportunity Commission; and pointed out that a class action
discrimination suit could be filed by City employees.
Carolyn Harris-Hinchee, 569 Olney Road, Vinton, Virginia 24179,
appeared before Council and advised that she has been a City
employee for 22 years in the Department of Social Services; that certain
City employees are being discriminated against; the City management
is deny'tg the rights of those employees with disabilities; some
employees are being retaliated against; she was denied her merit pay
increase this year; she has sought help from the City management for
two years to no avail; and she urged Council to stop the discrimination
that is taking place in the City government.
413
ACTION:
James A. Croan, 914 Old Country Club Road, N. W., appeared
before Council and advised that he was present to assist those
employees who need help; that racism exists and continues to grow in
the City government; he has incurred many problems with the City over
the years; that blacks still remain economically and socially deprived
in the City; we are losing good people because of the racism that exists
in this community; and the City should recruit more ethnic, diverse
people to serve in City government.
Perneller L. Wilson, 3045 Willow Road, N. W., appeared before
Council and advised that she is the President of the Roanoke Chapter
of the Southern Christian Leadership Conference; she is appalled at the
discrimination that exists in the City of Roanoke; and no one should
have to work in a threatening situation. She urged City Council to
listen to its employees who are devoted to their jobs, and to solve this
problem in a timely fashion.
Mayor Bowers stated that discrimination on the basis of race,
sex, religion, or nationality will not be tolerated in Roanoke City
government, and he assured City employees that there will be no
retaliation or retribution because of their remarks; that the Federal
Equal Employment Opportunity Commission and the City's Personnel
and Employment Practices Commission are set Up to hear employee
grievances; that there are other forums by law where employees can
bring these grievances; that Members of City Council cannot intervene
in issues of personnel matters in the City government; City Council
takes these accusations and issues very seriously and would like to
properly respond; therefore, the City Council has no alternative except
to refer these matters to the City Manager and City Attorney in order to
get the proper response to the concerns expressed.
Without objection by Council, the Mayor advised that the remarks
would be referred to the City Manager and the City Attorney for report
back to Council.
At 7:44 p.m., the Mayor declared the meeting in recess.
At 7:52 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance.
414
PUBLIC HEARINGS:
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, September 22, 1997, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Bobby Lee
Willis that a certain tract of land located at 1102 Centre Avenue, N. W.,
designated as Official Tax No. 2112311, be rezoned from LM, Light
Manufacturing District, to RS-3, Residential Single Family District,
subject to conditions proffered by the petitioner, the matter was before
the body.
Legal advertisement of the public hearing was published in The
Roanoke Time~ on Thursday, September 4, 1997, and Thursday,
September 11, 1997, and in the Roanoke Tribune on Thursday,
September 4, 1997.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the City
Building Department issued a Condemnation and Repair Order on the
occupied property in December 1993, which order required that the
owner either make repairs to the City Code violations or to secure/
board up and maintain the building; repairs requested included
substantial exterior and interior improvements, including plumbing,
electrical and heating; and inasmuch as the repairs were not
undertaken, the City proceeded to board up the structure, was before
Council.
The Planning Commission further advised that the City Building
Department issued a Raze Order to demolish the property in
February 1997; the property owner did not appeal the order or demolish
the property; the City proceeded with securing a demolition contractor;
the property owner desires to rehabilitate the structure which is located
in a LM, Light Manufacturing District, however, is unable to secure a
building permit because the property is non-conforming and has not
been used as a residence for more than two years; the property owner
applied to the Board of Zoning Appeals in June 1997 for a variance to
continue the non-conforming status of the property; and at a public
hearing of the Board of Zoning Appeals held on July 8, 1997, the
request for a variance was denied on the basis that the Board had no
authority to grant a use variance.
415
The Planning Commission explained that the purpose of the
rezoning request was to allow the owner to rehabilitate the existing
residential structure.
The Planning Commission recommended that Council deny the
request for rezoning, and advised that while the property owner desires
to rehabilitate the existing residential structure, the surrounding area
is of an industrial nature and the current zoning is appropriate,
considering the existing land uses, its location in an Urban Enterprise
Zone, and the new industrial development that has occurred in the
general area.
(For full text, see report on file in the City Clerk's Office.)
Bobby Lee Willis appeared before Council in support of his
request.
Mr. Trout moved that the following ordinance be placed upon its
first reading:
AN ORDINANCE to amend §36.1-3, Code of the City
of Roanoke (1979), as amended, and Sheet No. 211,
Sectional 1976 Zone map, City of Roanoke, to rezone
certain property within the City.
The motion was seconded by Mr. Harris.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning; whereupon,
Mr. Willis explained that his request for a variance to continue the non-
conforming status of the property was heard by the Board of Zoning
Appeals on July 8, 1997; that certain remarks were made by Dan
Pollock about drug use at his residence and he had no opportunity to
defend himself against the comments of Mr. Pollock; that on
March 14 and 17, 1997, he had conversations with John Marlles; that he
and A. Byron Smith both had variances with identical wording before
the Board of Zoning Appeals on the same date, and he feels his request
was denied because of his background.
Mr. Marlles provided Council with certain background
information about the property in question, advising that the property
has been vacant since December 1993; that the Building Department
ordered the owner to make certain repairs to the code violations or to
secure/board up and maintain the building; repairs were not undertaken
and the city proceeded to board up the structure, and issued a raze
416
order to demolish the structure in February 1997; the property owner
did not appeal the order and the City proceeded with securing a
demolition contractor; in June 1997, Mr. Willis applied for a variance to
continue the non-conforming status of the property, and the Board of
Zoning Appeals denied Mr. Willis' request on the basis that it had no
authority to grant a use variance; the City Planning Commission held
a public hearing on the matter on August 6, 1997, and recommended
denial of the request mainly because the property is located in an area
zoned for manufacturing, with recent industrial activity and growth in
the area; and the City Planning Commission believes the area is more
conducive to industrial uses.
Ms. Wyatt inquired as to what kept Mr. Willis from beginning work
on the residence until 1996 or 1997 when he received an order to board
up and/or maintain the property in 1993; whereupon, Mr. Willis advised
that when he applied for a building permit, he was told his request
could not be granted because the property is located in an industrial
area. He explained that the property was not vacant for four years; that
he had been living in the house using electricity and water from his
mother's house adjacent to his property; and that his request for a
variance was the same as A. Byron Smith's request on Centre Avenue
and Mr. Smith's request was approved and his was denied.
Mr. Swain inquired as to whether Mr. Willis intends to perform the
repairs on the house himself; whereupon, Mr. Willis advised that he
does plan to do the work himself with the assistance of friends, at an
estimated cost of $7,000.00 in materials, and that he would like an
opportunity to repair his house and preserve it.
Mr. White inquired as to what impact it would have on the City of
Roanoke if Council grants Mr. Willis' request to renovate his house;
whereupon, Mr. Marlles stated that approval of the request would be a
spot rezoning, and would discourage industrial development in this
area.
Mr. White inquired as to whether Mr. Willis would be able to
provide the $7,000.00 needed to renovate the property within the next
two years; whereupon, Mr. Willis advised that he .would be able to do
SO.
Mr. Harris stated that apparently Mr. Willis was residing in the
house illegally for approximately two years, and inquired as to whether
the Board of Zoning Appeals was aware that Mr. Willis had been
occupying the house for the past two years; whereupon, Mr. Marlles
I
ACTION:
.417
advised that he was not certain whether the Board was aware of this
information, that it was new information to him, and if the information
had been known, the house and property would not have lost its non-
conforming status.
Mr. Harris inquired as to whether this information would have
affected the decision of the City Planning Commission; whereupon, Mr.
Marlles stated that he has no documentation that Mr. Willis has lived in
the house for the past two years, and documentation would need to be
obtained before any determination could be made in this regard.
Mr. Harris stated that he would like to have the matter referred
back to the Zoning Administrator in view of the new information
received concerning Mr. Willis living in the house in the past two years.
Mr. Harris moved that the matter be tabled in order to resolve
certain issues relating to the request.
At 8:28 p.m., the Mayor declared the meeting in recess.
At 8:30 p.m., the meeting reconvened in the Council Chamber
with Mayor Bowers presiding, and all Members of the Council in
attendance.
The motion of Mr. Harris that the matter be tabled in order to
resolve certain issues relating to the request, was seconded by Mr.
Swain and adopted by the following vote:
AYES: Council Members Parrott, Swain, Wyatt, Harris and
Mayor Bowers ............................................................................... 5.
NAYS:
Council Members Trout and White ....................... 2.
Ms. Wyatt requested that the matter be brought back to Council
in a timely fashion.
OTHER HEARING OF CITIZENS:
ZONING: Mr. Martin D. Jeffrey, 517 Rutherford Avenue, N. W.,
appeared before Council and expressed concern with regard to
Council's action on the request of Bobby Lee Willis to rezone certain
property located at 1102 Centre Avenue, N.W. He stated that he did not
feel Mr. Willis' request was a complicated matter; that the City has a
certain obligation to its citizens and Council missed it; and he hopes
that Council will resolve this matter to benefit Mr. Willis.
418
Ms. Wyatt stated that her intent with regard to tabling this matter
was to allow time to sort through the issues to help resolve some of the
questions that were brought up.
Mr. White expressed appreciation to Mr. Jeffrey for his remarks
and stated that he shares Mr. Jeffrey's feelings.
ZONING: Ms. Mildred P. Crews, 1104 Centre Avenue, N. W.,
appeared before Council and stated that she is Bobby Lee Willis'
mother; that a Mr. Ferguson has purchased and demolished several
houses in the area of 1102 Centre Avenue, and he does not cut the
grass or maintain the vacant properties; and that if Mr. Ferguson had
petitioned Council to purchase this property and rezone it, she believes
Council ,vould have approved it.
There being no further business, the Mayor declared the meeting adjourned
at 8:42 p.m.
ATTEST:
Sandra H. Eakin
Deputy City Clerk
APPROVED
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
December 15, 1997
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB:se
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
December 17, 1997
File #122-467
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report in response to remarks of Mr. Jeff .N'tis in connection with the relationship
between the City and the Roanoke City Public School system, was before the Council of-
the City of Roanoke at a regular meeting which was held on Monday, December 15, 1997.
On motion, duly seconded and unanimously adopted, the report was received and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc;
Mr. Jeff Artis, 727 Highland Avenue, S. E., Roanoke, Virginia 24013
Diane $. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA.9?~ECl 5.WI=O
RECEIV£B
CITY CL~Ri<
~7 DEO-9 P2:50
Office of the City Manager
December 15, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RE: Request of Mr. Jeff Artis
Dear Mayor Bowers and Members of Council:
At a regular meeting of City Council on Monday, November 17, 1997, Mr. Jeff Artis
requested that Council investigate a variety of matters related to the relationship between
the city and the public school system regarding athletics. In particular, his request
focused on the rent for the use of Victory Stadium and the Roanoke Civic Center for
sporting events; concession operations at Victory Stadium and the Roanoke Civic Center;
and the commitment from City Council to assist the Roanoke City Schools with increasing
revenues by either constructing or renovating a football stadium. Council referred this
request with an expectation that I report back within 30 days.
The purpose of this correspondence is to give you an interim report regarding our
initial analysis of this issue. After quick review, it became apparent that the issue speaks
to a much broader matter regarding high school athletics and the relationship of the school
system with the city. For example, Parks and Recreation provides not only the football
field for high school athletics, but they also provide tennis courts, softball fields, a baseball
field and soccer fields. Additionally, the schools provide facilities for use by Parks and
Recreation such as gymnasiums for recreational basketball leagues. Also as you are
aware, we have recently established a fitness center at Breckinridge Middle School which
is operated by Parks and Recreation.
In order to fully assess the impact of the current relationship, school officials and
representatives of the city will be meeting later this month to analyze costs associated with
access to all facilities. I expect this analysis to continue into 1998-99 budget study which
would allow us to make recommendations for your review during that time. I look forward
to keeping you advised of this matter as it progresses.
This letter if for your information only and requires no action.
Sincerely,
W. Robed Herbert
City Manager
WRH/w
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
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
December 17, 1997
File #122-467
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report in response to remarks of Mr. Jeff Artis in connection with the relationship
between the City and the Roanoke City Public School system, was before the Council of.
the City of Roanoke at a regular meeting which was held on Monday, December 15, 1997.
On motion, duly seconded and unanimously adopted, the report was received and filed.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Mr. Jeff Artis, 727 Highland Avenue, S. E., Roanoke, Virginia 24013
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA. 97~DEC15,WPO
RECE~¥ED
£:ITY CL?°'''~' I;~-'~"~:'
'97 DEO-9 P2:50
Office of the City Manager
December 15, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
RE: Request of Mr. Jeff Artis
Dear Mayor Bowers and Members of Council:
At a regular meeting of City Council on Monday, November 17, 1997, Mr. Jeff Artis
requested that Council investigate a variety of matters related to the relationship between
the city and the public school system regarding athletics. In particular, his request
focused on the rent for the use of Victory Stadium and the Roanoke Civic Center for
sporting events; concession operations at Victory Stadium and the Roanoke Civic Center;
and the commitment from City Council to assist the Roanoke City Schools with increasing
revenues by either constructing or renovating a football stadium. Council referred this
request with an expectation that I report back within 30 days.
The purpose of this correspondence is to give you an interim report regarding our
initial analysis of this issue. After quick review, it became apparent that the issue speaks
to a much broader matter regarding high school athletics and the relationship of the school
system with the city. For example, Parks and Recreation provides not only the football
field for high school athletics, but they also provide tennis courts, softball fields, a baseball
field and soccer fields. Additionally, the schools provide facilities for use by Parks and
Recreation such as gymnasiums for recreational basketball leagues. Also as you are
aware, we have recently established a fitness center at Breckinridge Middle School which
is operated by Parks and Recreation.
In order to fully assess the impact of the current relationship, school officials and
representatives of the city will be meeting later this month to analyze costs associated with
access to all facilities. I expect this analysis to continue into 1998-99 budget study which
would allow us to make recommendations for your review during that time. I look forward
to keeping you advised of this matter as it progresses.
This letter if for your information only and requires no action.
Sincerely,
W. Robert Herbert
City Manager
WRH/w
Room 364
Municipal South
215 Church Avenue, S.W Roanoke, Virginia 24011-1591
CityWeb:www. ci.roanoke.va,us
(540) 853-2333
FAX (540) 853-1138
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
December 17, 1997
File #110-379
SANDRA H. EAKIN
Deputy City Clerk
Mr. Delvis O. McCadden
2018 Carroll Avenue, N. W.
Roanoke, Virginia 24010
Dear Mr. McCadden:
Your communication tendering your resignation as a member of the Roanoke Valley
Greenway Commission, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, December 15, 1997.
On motion, duly seconded and adopted, your resignation was accepted and the.
communication was received and filed.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Roanoke Valley Greenway
Commission from April 21, 1997, to November 15, 1997. Please find enclosed a
Certificate of Appreciation and an aedalview photograph of the Roanoke Valley which was
issued by the Mayor on behalf of the Members of the Roanoke City Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc;
Elizabeth Belcher, Coordinator, Roanoke Valley Greenway Commission, 5204
Bernard Drive, S. W., Roanoke, Virginia 24018
H:~AGENDA.g?OECl 5.WPD
Roanoke Valley Greenway Commission
Roanoke County Administration Building, Room 243
P.O. Box 29800 5204 Bernard Drive, SW
Roanoke, VA 24018
Phone: 778-7159 FAX: 772-2108
e-mail: Ibelcher@www.co.roanoke.va.us
RECEIVED
CITY CLERKS [~F
'97 DEC-3 / 10:57
December 2, 1997
Ms. Mary Parker, Roanoke City Clerk
City Municipal Building
215 Church Avenue SW
Roanoke, VA 24011
Dear Ms. Parker:
I enclose a letter from Mac McCadden resigning his position as City representative to the
Roanoke Valley Greenway Commission. Mr. McCadden is relocating and will be unable to
complete his term, which ends June 30, 1999.
I would like to request that City Council appoint a replacement for Mr. McCadden as
soon as possible. Mr. John Bradshaw of Hayes, Seay, Mattern and Mattern has expressed an
interest in and willingness to serve on the Commission. I have requested that he be sent a Talent
Bank form, so that he might be considered.
I would appreciate your notifying me of any further information you or Council might
need. Thank you for your attention to this matter.
Sincerely,
Liz Belcher
Roanoke Valley Greenway Coordinator
Deivis O. (Mac) McCadden
2018 Carroll Avenue, NW ~ Roanoke, Virginia 24017
Phone 540-992-0243 pager ~ Home Phone 540-345-3990 ~ Email Ball lover (~aol.com
November 18, 1997
Ms. Liz Belcher
Greenways Coordinator
PO Box 2569, 313 Luck Avenue, SW
Roanoke, VA 24010
Dear Liz and Board:
I would first like to say that it has been an honor serving on the board of directors for the Roanoke Valley Greenways
Commission. Just to have been considered for the appointment gave me a tremendous feeling. I had hoped to
contribute to the Greenways Commission's continued growth and success.
Unfortunately, an abrupt career move has made it necessary for me to re-locate, and I must regretfully resign from the
board of directors. Though I will be moving very soon, I will still keep my home address and telephone number
active here in Roanoke, and I hope that you will not hesitate to call on me ifI can be of service to you in the future.
I have met some wonderful people and developed some long-lasting relationships as part of my affiliation with the
Greenways Commission. Those people and relationships are priceless, and to all of you I will be eternally grateful.
You have my wishes for the best of luck and the greatest successes imaginable. Your work is blessed, and God will
continue to reward you.
You see things that are and ask "why", but I see things that never were and ask "why not? ".
George Bernard Shaw
Sincerely,
Delves O. (Mac) McCadden
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
December 17, 1997
File #335
SANDRA H. EAKIN
Deputy City Clerk
Fred P. Roessel, Jr., Ph.D
Executive Director
Blue Ridge Community Services
301 Elm Avenue, S. W.
Roanoke, Virginia 24016-4001
Dear Dr. Roessel:
Your communication recommending concurrence by Council in the reappointment of Rita
J. Gliniecki as an at-large member of the Blue Ridge Community Services Board of'
Directors, for a term ending December 31, 2000, was before the Council of the City of
Roanoke at a regular meeting which was held on Monday, December 15, 1997.
On motion, duly seconded and unanimously adopted, Council concurred in the
reappointment of Ms. Gliniecki as an at-large member of the Blue Ridge Community
Services Board of Directors for a term ending December 31, 2000.
Sincerely,
Mary F. Parker, CMClAAE
City Clerk
MFP:Io
pc:
Susan J. Cloeter, Chair, Blue Ridge Community Services Board of Directors, 301
Elm Avenue, S. W., Roanoke, Virginia 24014
Rita J. Gliniecki, At Large Member, Blue Ridge Community Services Board of
Directors, 5217 Hawkbill Circle, S. W., Roanoke, Virginia 24014
Glenn D. Radcliffe, Director of Human Development
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, Post Office Box
29800, Roanoke, Virginia 24018-0798
H:~AGENDA. 9'~DECl 5,WPO
Fred P. Roessel, Jr.
December 17, 1997
Page 2
pc:
Forest G. Jones, City Clerk, City of Salem, Post Office Box 869, Salem, Virginia
24153-0869
Stephen A. Carter, Clerk, Craig County, Post Office Box 308, New Castle, Virginia
24127
Gerald A. Burgess, Administrator, Botetourt County, 1 West Main Street, Fincastle,
Virginia 24090
H:~AGENOA.97~DEC15.WPO
Blue Ridge
Community
Services
Susan J. Cloeter
Rita N. Foster tr~ce Cha/r~an
Rodney P. Furr Treasurer
Pamela K. Cox
Execu~/ve D/rector
Fred P. Roessel, Jr., Ph.D.
December 8, 1997
RECEIVED
DEC ! o 1997
MAYOR'S OFF~C
The Honorable David A. Bowers, Mayor
City of Roanoke
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mayor Bowers:
According to our records, Mrs. Rita Gliniecki's term of appointment to the Blue
Ridge Community Services Board of Directors as an at-large member will expire
December 31, 1997. The by-laws of the Board require that at-large members be
recommended by the Board to the five participating localities. All five local
governments must concur with the recommendation in order to confn-m an
appointment.
Our records indicate that Mrs. Gliniecki is eligible for consideration for another
appointment to our Board in accordance with the Statutes of Virginia. At the
December 4th Board of Directors meeting, a resolution was passed to recommend the
reappointment of Mrs. Gliniecki for a three-year terns as an at-large member.
Your attention to this matter will be very much appreciated.
Sincerely,
Fred P. Roessel, Jr., Ph.D.
Executive Director
FPR/ky
C:
W. Robert Herbert
James D. Ritchie
Glenn Radcliffe
Mary F. Parker
Susan J. Cloeter
Rita J. Gliniecki
Executive Offices- 301 Elm Avenue, SW Roanoke, Virginia 24016-4001 (540) 345-9841 Fax: (540) 342-3855 TDD: (540) 345-0690
Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke
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
December 17, 1997
File 20-51-57-467
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the extension of the sidewalk along Hershberger Road, N. W.,
was before the Council of the City of Roanoke at a regular meeting which was held on-
Monday, December 15, 1997.
On motion, duly seconded and unanimously adopted, you were requested to provide a
status report on the matter at the Council meeting to be held on Tuesday, January 20,
1998.
MFP:Io
pc:
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Barry L. Key, Manager, Office of Management and Budget
John R. Marlles, Chief, Planning and Community Development
H:~AGENDA,gT~EClS.WPO
RECE~'vED
CITY CLER?',S i]?FIgS
'97 DB]-9 P3:10
No. 97-202
December 15, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Dear Mayor Bowers and Members of Council:
Subject: Extension of Sidewalk along Hershberger Road and Cove Road, N.W.
At City Council's meeting on November 17, 1997, Council Member White expressed
concern with regard to safety issues in connection with the request of Home Depot, U.S.A.,
Inc. Mr. White inquired if there are plans to extend sidewalk on Hershberger Road, N.W.,
from Cove Road toward Peters Creek Road and likewise on Cove Road, N.W., from
Lafayette Boulevard toward Peters Creek Road.
In response to this request, staff members have begun to evaluate the need for
such sidewalk extensions along Hershberger Road and Cove Road. There are a number
of issues that will need to be considered in this evaluation. These include the following:
Actual location of proposed sidewalk and whether curb, gutter and related
storm drainage facilities would be needed as well.
2. Availability of right-of-way.
3. Cost estimate and the availability of funding.
4. Impact upon long range plans for widening Hershberger Road.
Whether there is a need to only construct certain segments of temporary
sidewalk.
Once these issues are fully evaluated, a report will be brought back to City Council.
This is expected to occur within the next 90 days.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/RKB/gpe
c: City Attorney
Director of Finance
Director of Public Works
Manager, Office of Management & Budget
Chief, Planning & Community Development
Ol~. JA~II:.~ S. HARRIS
PRESIDENT EL[CT
Ic&iRl:R,x COu/,rT¥ CHAIR
~IkTHERINk
F4ARTIN~VltLE CgT'~
E~RL B. Rrr~oLr~ .IR.
R. MICHAEt. ~
VmGfNIA TOWN '~ CrrY
P-O. Box ~aJ64
VIRGINgA
~4/649-8471
F~ 0~/~.3~8
Novembcr 3, 1997
CiTY CL~t:~
97 NOV -3 AT1:15
PAGE
Ms. Mary F. Parker
City Clerk
CitT of Roanoke
Fax: 540/853-1145
I'm looking forward to meeting with your mayor aud council and hope this will be
convem~nt at ~cir December 15 session. Because our localities are Oae league, th~
purpose of my visit is to find out what we're doing ngi~ what we're doing wrong, and
how we can make league membership more valuable to our local officials,
Since ! warn council members and staffto be really candid about leaguc services, I'll let
you, the mayor and city mana6~:r decide what time slot is be~ for my bncf comn~nts
and their reciprocal thoughts or suggestions. I'd b~ deligh~ to n~et with members
around thc conference table before or after thc meeting or put mc on the agenda wherever
you think is appropriate.
As one of tl~ reasons I'm coming ou council day is to see how your mayor and cotmcil
conduct a mccfin& I will stay until adjournment or until you go into executive session.
So, ir'I'm on th~ ageada, k's not necessary to schcdule mc early in thc meetm$ as I'll be
thcr~ for lhe entire evening.
Ii'any council mcmbers arc curious as to the lease's position on spccific lcgislaiiv~
items that may appear beforo tbe 1998 Ggncral Assembly, I'd apprecmtc knowing about
these questions in advance so I can talk with whichcver VM1, staff member is foUoWmg
that issue.
,Give me a call (804/649-847 I) if you have questions or thta~ is a problem with my visit
on December 15. l'U touch base with you closer to meeting time so w~ can makc sur~
we're in tune as to c',q~'tafious and desu~ results.
I look forward to seeing you then.
Sincerely,
Beth MacDonald
Director of Marketing and Member Services
N[~.~-O~- 1997 10: 58
804 343
P.O1
~ublicationa o~ist
~_,~e~ulat ~.~ublicationa
Legislative B u I leti n (published twice a week during General Assembly session; $15 0
annual subscription to non-members)
Legislative Program (published annually)
Legislative Report (published axmually)
1997 Product & Service Guide (published annually)
Update: The newsletter of the Virginia Municipal League (published biweekly;
$25 annual subscription to non-members)
Virginia Town & City (published monthly; $16 annual subscription to non-members)
~ocal ~icials' c~esouvce c~ eviea
Public Meetings/Public Hearings: Local Democracy in Action
Virginia Municipal League: Its First 90 Years
Worker's Compensation and the Heart-Lung Presumption
High Standard of Ethics: The Foundation for Public Trust
Hire Smart
Using Computers in Smaller Localities
~.,~erio~ic ~_~)ublicationa
Annual Salary Survey (available for purchase through IPMA)
Constitution of Virginia (1996 pocket-size edition)
Election and Composition of Virginia Local Governing Bodies (1995 edition)
Handbook for Virginia Mayors & Council Members
Reversion From Cities to Towns
Tax Rates (available for purchase through UVa)
Virginia Municipal League Brochure
Water and Sewer Rate Report (published with Draper Aden)
If you wouM like to receive a copy of one of these publications, contact the V1VIL office at P. O.
Box 12164, Richmond, VA 23241; 804/649-8471, fax 804/343-3 758. Send e-mail to
vml~i2020, net.
VML staff exerts an intensive effort to
monitor and address legislation affecting
localities during the annual General
Assembly session and promptly responds to
questions from members relating to
legislative matters. Terminals connected to
the state legislative computer enable us to
deal with the massive volume of information
and to prepare detailed and timely
Legislative Bulletins. Following the
legislative session an annual report entitled
Legislation Affecting Local Government is
prepared several months before the bound
volumes of the Acts of Assembly are
published.
VML has extensive files on local government
issues and frequently distributes this
information to localities. We also have direct
access to various state and national sources
when preparing a response to your questions.
If no available information can be found, the
membership will be surveyed using a familiar
one-page questionnaire. VML has available
the largest collection of local government
codes in the State enabling the staff to
provide sample ordinances on any topic.
~epvesentation an~
Representatives from your locality will be
able to participate on our Policy Committees
and Legislative Committee, could potentially
serve on the Executive Committee, and will
have full voting privileges at the annual
conference.
~)u6lications
Membership entitles you to receive Virginia
Town & City, the league's award winning
monthly magazine ($16 a year to non-
members); Update, the biweekly newsletter
($25 a year to non-members); the Legislative
Bulletin, published twice weekly during the
General Assembly session ($150 a year to
non-members); and other league publications
and reports.
The annual conference, held each fall,
provides educational oppommities through a
variety of workshops and seminars; allows
local officials to get acquainted and to
develop local government contacts
throughout the Commonwealth; and the
membership adopts the legislative program
for the upcoming year, as well as conducts
other official VML business. Each year
during the General Assembly session, VML
sponsors a legislative day for local officials.
Elected officials and administrators are
invited to Richmond to attend this gathering
where they will be briefed on the legislative
issues most important to localities and will
have an oppormmty to meet with their
senators and delegates. Specialized training
sessions on topics of interest to elected
officials and staff are held throughout the
year.
VML sponsors a local government program
for workers' compensation insurance and
general property, casualty and liabihty
coverage. The VML Insurance Programs are
open to all political subdivisions of the
Commonwealth.
RECE~V£[}
CITY CLERKS ~FFiC~i
'97 OEO-8
Office of the City Manager
December 8, 1997
Ms Sandy Eakin, Deputy City Clerk
215 Church Avenue
Roanoke, Va 24011
Ref: December 15, 1997 City Council Meeting
Ms. Eakin,
This is to confirm our phone conversation this morning concerning a request
being made for approximately 5 minutes of speaking time at the beginning of the 2pm
City Council meeting set for December 15, 1997. This request has been made by the
co-chairs of Destination Education, Mr. Warner Dalhouse and Mr. Heywood Fralin.
They would like to update council on progress made to date by this group in support of
the Roanoke Higher Education Center.
If you need anything further, please call me at 853-1170. Thanks for your
kind attention.
Sincerely,
Deborah J. Moses
Assistant to City Manager
c: Mr. Warher Dalhouse
Mr. Heywood Fralin
Mr. Brian Wishneff
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
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
December 17, 1997
File ~t468
The Honorable Linda F. Wyatt, Chair
Water Resources Committee
2543 Round Top Road, N. W.
Roanoke Virginia 24012
Dear Ms. Wyatt:
I am enclosing copy of a communication from Mayor David A. Bowers, Vice-Mayor Linde
F. Wyatt, and Council Member James O. Trout with regard to public use of Carvins Cove,
which communication was before the Council of the City of Roanoke at a regular meeting
which was held on Monday, December 15, 1997.
On motion, duly seconded and adopted, the matter was referred to the Water Resources
Committee for study, report and recommendation to Council, with the understanding that
all Members of Council will be invited to participate in discussions.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
Kit B. Kiser, Director, Utilities and Operations
JeSse H. Perdue, Jr., Manager, Water Department
H:~,GENDA. OT~ECl 5.WPO
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
December 10, 1997
The Honorable Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
We have just gone through a year of discussion about Mill
Mountain and even though the final result was fine, perhaps it
could have been handled in a better way.
Now there appears to be questions about the use of Carvins
Cove, and we are of the opinion that although there is a great need
to maintain the Cove in its natural state and to protect our very
precious water source for the city, there is an increasing interest
for public use as well.
In order that the city might explore the best watershed land
use plan and complementary public use, resulting in careful
protection of this valuable natural resource, we would like to
propose that City Council appoint a seven member advisory panel of
city citizens. In the spirit of participatory democracy, as
envisioned in our vision statement, the citizen committee would
study the appropriate and careful protection of the Carvins Cove
watershed.
In conjunction with this, we would respectfully also ask that
the City Manager be directed to assist the committee with internal
or external studies, and provide the committee with needed access
to information regarding watershed protection and recreation
opportunities. The administration should work hand in hand with
this citizens committee to provide our citizens with all the
information necessary to reach an agreement on a satisfactory
future master watershed use plan.
Thank you.
Sincerely,
David A. Bowers
Mayor
DAB/j j
Wyatt
~inda F. f
Vice Mayor
James O. Trout
Council Member
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
December 17, 1997
File ~60-467
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 3~71-121597, amending and reordaining certain
sections of the 1997-98 School and General Fund Appropriations, transferring funds in the
amount of $76,111.00 from the School portion of the Capital Maintenance and Equipment
Replacement Program to certain accounts, to provide funds for athletic fund deficit
reduction, athletic grounds improvements, vehicle replacement for transportation, and
facility improvements and roof repairs at several schools. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road,
S. W., Roanoke, Virginia 24018
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, P.O. Box
13145, Roanoke, Virginia 24031
Richard L. Kelly, Assistant Superintendent of Operations, Roanoke City Public
Schools, P.O. Box 13145, Roanoke, Virginia 24031
W. Robert Herbert, City Manager
H:~AGENDA.g71OECl 5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33671-121597.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 School
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 1997-98 School and General Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
SchoolFund.
Appropriations
Education
Tutors for Success Program 97-98 (1-5) ..........................
Adult Measure of Essential Skills 97-98 (6) .......................
Facilities (7-15) .............................................
$111,814,663
4,700
5,500
1,938,558
Revenue
Education
Tutors for Success Program 97-98 (16) ..........................
Adult Measure of Essential Skills 97-98 (17) ......................
Non-Operating (18) .................................. : .......
$109,167,046
4,700
5,500
40,716,608
General F_.LF_.~
Appropriations
Nondepartmental $ 56,697,652
Transfers to Other Funds (19) ................................. 55,934,973
Fund Balance
Capital Maintenance and Equipment Replacement Program -
School Unappropriated (20) ................................... $
826,322
1) Tutors
2) Professional Develop-
ment
3) Social Security
4) Instructional Materials
5) Field Trips
6) Instructional Materials
7) Athletic Fund Deficit
Reduction
8) Athletic Grounds
(030-060-6972-6214-0121)
(030-060-6972-6214-0129)
(030-060-6972-6214-0201)
(030-060-6972-6214-0614)
(030-060-6972-6214-0583)
(030-060-6702-6334-0614)
(030-060-6006-6106-0809)
9)
Transportation
10) Facility Improve-
ments - Forest
Park
11) Facility Improve-
ments - Roanoke
Academy
12) Facility Improve- ments - Breckinridge
13) Facility Improve-
ments - Patrick
Henry
14) Roof Design -
Fishburn Park
15) Roof Repairs -
William Fleming
16) Fees
17) State Grant Receipts
18) Transfer from General
Fund
19) Transfer to School
Fund
20) CMERP - School
Improvements (030-060-6006-6682-0851)
Vehicle Replacement-
(030-060-6006-6683-0804)
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
(030-060-6006-6896-0809)
(030-060-6006-6896-0809)
(030-060-6972-1103)
(030-060-6702-1100)
(030--060-6000-1037)
(001-004-9310-9530)
(001-3324)
$ 2,787
697
266
300
650
5,500
19,153
1,000
1,500
1,800
4,548
30,372
4,818
7,750
5,170
4,700
5,500
76,111
76,111
(76,111)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
DEPARTMENT OF FINANCE
CITY OF ROANOKE, VA,
December 15, 1997
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
School Board Requests for the Appropriation of School Funds
and CMERP Funds
We have reviewed the attached request to appropriate funding for the
School Board. This report will appropriate funding for two grants in the School Fund.
These grants are funded with state funds and fees.
This report also appropriates $76,111 from the School portion of the
Capital Maintenance and Equipment Replacement Program. The CMERP funds will be
used for the athletic fund deficit reduction, athletic grounds improvements, vehicle
replacement for transportation, roof design for Fishburn Park, roof repairs at William
Fleming, and facility improvements at Forest Park, Roanoke Academy, Breckinridge and
Patrick Henry. This is the third appropriation of the School Board's FY97 CMERP
funding of $1,877,074. This will leave an unappropriated School CMERP balance of
$826,322.
We recommend that you concur with this request of the School Board.
Director of Finance
JDG/ICF/pac
Attachments
c: Ila Farris, Senior Accountant
ROANOKECITYSCHOOLBOARD
Roanoke, Vi~inia
APPROPRIATI N REQUEST
Capital Maintenance and qu pment eplacement Funds
Request III
o3o-o6o6oo6.61o~o8o9
o30.o6o-6oo6-6682-0851
030-o80-6006.6683-08o4
o3o-o6o-6oo6-6681-o851
o30-o6o-6oo6-6681-o851
o3o-o6o.6o06.6681-0851
030-060-6006-6681-0651
030-060-6006-6896-0809
030-060-6006-689~0~09
Appropriation Unit ZD1
Athletic Fund Deflc~ Reduction
Athletic Grounds Improvements
Vehicle Replacement - Transportation
Facility Improvements, Forest Park
Facility Improvements - Roanoke A~clemy
Facility Improvements- Breckinridge
Facility Improvements - Patrick Henry
Roof Design - Fiehbum Park
Roof Repain~ - William Fleming
19,153.00 25.1%
1.000.00 1.3%
1.500.00 2.0%
1,800.00 2.3%
4,548.00 6.0%
30,372.00 40.0%
4,818.00 6.3%
7,750.00 10.2%
5,170.00 6.8%
76,111.00 100.0%
The above appropriation represents the third request for proceeds from the 199%98 Capital
Maintenance and Equipment Replacement Fund. The estimated total of the Capital Maintenance and
Equipment Replacement Fund for 1997-98 Is $t,877,074. The unappropriated balance of the fund after
the above appropriation is $826,322.
De~ember 9, 1997
DEC-0~-1997 10:11
5~085~951
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST,,
Tutors for 8uccass Program 97-98
697~
030-060-6972-6214-0121
030-060-6972-6214-0129
030-060-6972-6214-0201
030-060-6972-6214-0614
030-060-6972-621 4-0583
Appropriation Unit xgT
Tutors $ 2,787.00 59.3%
Professional Development $ 697,00 14.8%
Social Security 266.00 5.7%
Instructional Materials 300.00 6.4%
Field Trips 650.00 13.8%
$ 4,700.00 100.0%
030-060-6972.1103 Fees $ 4,700.00 100.0%
Tl~e T~tors for Succa~ program at Forest Park New Amedcan School will provide academic support to
educationally at-dsk students. The program will prepare students academically to enter the middle
school grades, will initiate a comprehensive training i~ngrem for parents to support the academic effort
of their children, and will in(;mase community involvement in schools. The program is one hundred
percent reimbursed by a grant from Central Fidelity Bank and will end September 30, 1998. This is a
continuing program.
December 9, 1997
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Adult Measure of Essential Skills (AMES) 97-98
6]'02
030-060-6702.6334-0614
Appropriation Unit X70
Instructional Materials
$ ........ 5,s _oP...00 400.0%
030-060-6702-1100
State Grant Receipts
$ 5,500.00 100.0%
The 1997-98 Adult Measure of ;-~.ential Skills (AMES) pragmm will provide funds for the pumhase of
the AMES assessment tool which will be usad to evaluate adults for placement in adult learning
programs. The I~egmm will operate for the benefit of the New Centur~ (Region 3) Regional Literacy
Coordinating Committee, ~omprised of the Piedmont Regional Office of the Department of Social
Services, the Fifth District Employment and Training Consortium, and the Roanoke City Public Schools.
Funding for the program will be provided by state funds. This is a new program.
December 9, 1997
TOTAL P.04
,~~ Marsha W. Ellison, Chairman Charles W. Day
Melinda J. Payne, Vice Chairman F.B. Webster Day
~ECEIV£~ Sherman P. Lea
HarryF. Davis CITY O.~ER~,$' '~ ~:,FFi~¥~
f/-Roanoke
City School Board P.O. Oan l, G inia 24034 ·
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
540-853-2381 · Fax: 540-853-2951
December 10, 1997
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board requests the following appropriations as the result of official Board
action at its December 9 meeting:
Grant No. 6972 - $4,700.00 for the Tutors for Success Program at Forest Park New
American School to provide academic support to educationally at-risk students. The program
will prepare students academically to enter the middle school grades, will initiate a
comprehensive training program for parents to support the academic effort of their children,
and will increase community involvement in schools. The continuing program is one hundred
percent reimbursed by a grant from Central Fidelity Bank.
Grant No. 6702 - $5,500.00 for the 1997-98 Adult Measure of Essential Skills (AMES)
Program to provide funds for the purchase of the AMES assessment tool which will be used to
evaluate adults for placement in adult learning programs. The new program will be funded by
state funds.
The Board further requests the appropriation of $76,111.00 in proceeds from the
1997-98 Capital Maintenance and Equipment Replacement Fund to provide funds for the
athletic fund deficit reduction, athletic grounds improvements, vehicle replacement for
transportation, facility improvements at Forest Park, Roanoke Academy, Breckinridge, and Patrick
Henry, roof design for Fishburn Park, and roof repairs at William Fleming.
The Board appreciates the approval of these requests.
Sincerely,
Cindy H. Ramsuer, Clerk
re
CC:
Mrs. Marsha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Mrs. Ila Farris (with accounting details)
Excellence in Education -'//
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 17, 1997
File #329-467
SANDRA H. EAKIN
Deputy City Clerk
Marsha W. Ellison, Chair
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 33672-121597, authorizing the School Board for the
City of Roanoke to make application for a loan from the State Literary Fund, in the amount
of $5 million, for replacing Addison Middle School with a new structure. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools, P.O. Box
13145, Roanoke, Virginia 24031
Richard L. Kelly, Assistant Superintendent of Operations, Roanoke City Public
Schools, P.O. Box 13145, Roanoke, Virginia 24031
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
H:~,GENDA.g?~3~C1 $.WlaR3
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33672-121597.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for replacing Addison Middle School with a new structure.
WHEREAS, the School Board for the City of Roanoke, on the 15th day of December, 1997,
presented to this Council an application addressed to the State Board of Education of Virginia for the
purpose of borrowing from the Literary Fund $5,000,000.00, for replacing the present school building
at Addison Middle School, to be paid in twenty (20) annual installments, and the interest thereon at
four percent (4%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of $$,000,000.00 from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes
the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation
expenses and to pay this loan in annual installments and the interest thereon, as required by law
regulating loans from the Literary Fund.
ATTEST:
City Clerk.
H:~ISON
Marsha W. Ellison, Chairman
Melinda J. Payne, Vic,~(~b~r. man
Harry F. Davisi.;IT y
Charles W. Day
F. B. Webster Day
Sherman P. Lea
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
fRoanoke
Gry School Doard P.~.'~ox[~4~o~n[~irginia24031 ' 540-853-2381 · Fax: 540-853-2951
December 10, 1997
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action as its meeting on December 9, 1997,
the Board respectfully requests City Council to approve a State Literary Fund loan
application in the amount of $5.0 million for the Addison Middle School reconstruction
project. The loan application includes resolutions for architectural supervision and a site
waiver. The debt service on the loan will increase the Board's debt service expenditure
by $450,000 in F¥99-00, but no debt service liability is incurred until funds are drawn
against the loan account.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Ramsuer, Clerk
re
Eric.
cc: Mrs. Mamha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L. Murray, Jr.
Mr. W. Robert Herbert
Mr. Wilbum C. Dibling
Mr. James D. Orisso
Mr. Kenneth F. Mundy
Excellence in Education
NO.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Addison Middle School
Name of ]El6jt~4~t-City Roanoke
TO TIlE STATE BOARD OF EDUGATION,
Richmond, Virginia:
Gentlemen:
The School Board for the (g~(~0C}{-City of Roanoke hereby makes application for a
loan of $ fi.0 mil l ion from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
1220 Fifth St N.W
'' ' , as follows:
(making permanent improvement to) a school building located at RoanoKe, Vg Ztl.01b
(Describe briefly)
Replacinq a middle school buildinq constructed in 1951 with a new structure that wii1
accommodate 600 oupils.
I. The said building, addition, or permanent improvement described above, to be of hri ck
(Type of construction, brick, frame, etc.)
will be used as a mi ddl_~ school building, and is estimated to cost .$~/1 mi_! 1 {_on .
(Elem., lq. $., Comb. Elem. & H.$.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $ 1 1 ,,q,qq ~07~ tiff
3. There is at present a loan from the Literary Fund on this _..gridiron Mi_0d_l_e $£h001_
(Building or school plant)
of $. -0-
in the amount
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or permanent improvement, will be located contains 10 acres,
of which ~ acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the 'building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, addition, or permanentimprovement, is desirable because: (Explain briefly)
P~rmanent improvements are required to modernize electrical, plumbing, mechanical~ and
structural components of the school; modernize cafeteria, auditorium and gym; and provide
handicap access through reconstruction of present building.
8. The present total indebtedness of the ~(Y~fi~l~.'-City for school buildings is $ _q3: ?F~I: 5q3 _Nfl ., of which
$3:390:00fl_f10 is owed to the Literary Fund.
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past
five years except, as follows: None
I0. Adequate and satisfactory supe~'isio, n of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements ahd Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date)
_ FivP-ypar £npii-_~l Tmprnv~m~nt Plan; 1996
12. This loan is to be made for 20 yeaxs, and is to be paid in 20 :annual installmenlm, with interest at
$ to 20 5 to 20
the rate of 4 per centum per annum, payable annually.
.13. The Board of Supervisors for the County, or the Council for the Cig', has by resolution (page 3 of this application),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of interest due on any loan from the Literary Fund.
Given under my hand this the 9th day of December
, 19 q7 .
ATTEST:
THE SCHOOL BOARD OF
Roanoke
Clerk.
(2)
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 22, 1997
File #262-413
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33674-121597, authorizing the City of Roanoke t°
enter into a contract with the County of Roanoke and with Motorola Inc., and a lease
purchase agreement with Motorola Credit Corporation for Acquisition of a Regional 800
MHz Trunked Radio System, in the total amount of $6,886,847.00, with the City's share
being $6,004,898.00 and the County's share being $881,949.00. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Bob Newman, Account Executive, Motorola, Inc., 5142 Norseman Drive, Roanoke,
Virginia 24019
Elmer C. Hodge, Administrator, Roanoke County, Post Office Box 29800, Roanoke,
Virginia 24018-0798
James D. Grisso, Director of Finance
George C. Snead, Jr., Director, Public Safety
Ronald L. Wade, Communications Superintendent
Barry L. Key, Manager, Office of Management and Budget
H:~AGENDA,g'~DEClS.WPO
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33674-121597.
AN ORDINANCE authorizing the City Manager to enter into a contract with the County of
Roanoke and with Motorola Inc. and a lease purchase agreement with Motorola Credit Corporation
for the acquisition ora Regional 800 MHz Trunked Radio System; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are authorized to execute and attest,
respectively, the requisite contract, including any other related documentation, with the County of
Roanoke and Motorola, Inc., to provide for acquisition of a Regional 800 MHz Trunked Radio
System. The total amount of the contract shall be $6,886,847, with the City's share being $6,004,898
and with the County's share being $881,949.
2. The City Manager and the City Clerk are authorized to execute and attest,
respectively, a lease purchase agreement with Motorola Credit Corporation in the principal amount
of $2,544,154, plus interest of $459,456.85, to provide for a portion of the funding required for the
acquisition referenced above from Motorola, Inc. The term of the lease purchase agreement shall be
seven years.
3. The contract and the lease purchases agreement shall contain such terms and
conditions, including any required indemnification provisions, as the City Manager determines are
reasonable and necessary, and the form of the documents shall be approved by the City Attorney, all
as more particularly set forth in the City Manager's report to this Council dated December 15, 1997.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 17, 1997
File #262-413
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33673-121597, amending and reordaining certain
sections of the 1997-98 General, Water, Sewage Treatment, Transportation, Capital'
Projects, Management Services, Utility Line Services, Fleet Management and Risk
Management Fund Appropriations, in connection with a contract with the County of
Roanoke and Motorola, Inc., for acquisition of a Regional 800 MHZ Trunked Radio
System. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc;
W. Robert Herbert, City Manager
George C. Snead, Jr., Director, Public Safety
Ronald L. Wade, Communication Superintendent, Communications
Barry L. Key, Manager, Office of Management and Budget
H:~AG EN DA,9'/I~-Cl 5.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33673-121597.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 General,
Water, Sewage Treatment, Transportation, Capital Projects, Management Services, Utility Line
Services, Fleet Management and Risk Management Fund Appropriations, and providing for
an emergency.
VVHEREAS, for the usual daily operation of the Municipal Government of the City of
Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1997-98 General, Water, Sewage Treatment, Transportation, Capital Projects,
Management Services, Utility Line Services, Fleet Management and Risk Management Fund
Appropriations, be, and the same are hereby, amended and reordained to read as follows, in
part:
Capital Projects Fund
Appropriations
Other Infrastructure $13,863,362
Regional Radio System (1-3) .................................. 5,651,711
Capital Improvement Reserve 3,432,582
1997 General Obligation Bonds (4) ............................. (7,250,000)
Revenue
Due from Third Party (5) ...................................... $ 2,544,154
General Fund
ADoroDriations
Nondepartmental $ 56,901,241
Transfers to Other Funds (6-7) ................................ 56,118,862
Fund Balance
Residual Equity from Nursing Home (8) ..........................
Water Fund
Appropriations
Transfers to Other Funds (9) ...................................
Retained Eamin,qs
Retained Earnings - Unrestricted (10) ............................
Sewa.qe Treatment Fund
Appropriations
Transfers to Other Funds (11 ) ..................................
Retained Earnin,qs
Retained Earnings - Unrestricted (12) ............................
Transportation Fund
Appropriations
Transfers to Other Funds (13) ..................................
Retained Earnin.qs
Retained Earnings - Unrestricted (14) ............................
Mana,qement Services Fund
Appropriation~
Transfers to Other Funds (15) ..................................
Retained Eamin.qs
Retained Earnings - Unrestricted (16) ............................
Utility Line Services Fund
Appropriations
Transfers to Other Funds (17) ..................................
$ 0
$ 233,446
$ 29,645,307
$ 37,071
$ 24,921,947
$ 888,893
$ 1,429,406
$ 13,471
$ 254,669
$ 197,828
Retained Earninl:is
Retained Earnings - Unrestricted (18) ............................
Fleet Management Fund
Appropriations
Transfers to Other Funds (19) ..................................
Retained Earnin.qs
Retained Earnings - Unrestricted (20) ............................
Risk Management Fund
Appropriations
Transfers to Other Funds (21) ..................................
Retained Earnin.qs
Retained Earnings - Unrestricted (22) ............................
1,922,525
69,478
3,847,804
4,804
51,083
1 ) Appropriated from
Bond Funds (008-050-9614-9001) $ 1,250,000
2) Appropriated from
Capital Lease
Proceeds (008-050-9614-9035) 2,544,154
3) Appropriated from
General Revenue (008-050-9614-9003) 1,857,557
4) Buildings (008-052-9706-9183) (1,250,000)
5) Due from Third Party(008-1265) 2,544,154
6) Transfer to Capital
Projects Fund (001-004-9310-9508) 439,000
7) Transfer to Nursing
Home Fund (001-004-9310-9509) (179,000)
8) Residual Equity from
Nursing Home (001-3339) (260,000)
9) Transfer to Capital
Projects Fund (002-056-2160-9508) 233,446
10) Retained Earnings -
Unrestricted (002-3336) (233,446)
11 ) Transfer to Capital
Projects Fund (003-056-3150-9508) 37,071
12) Retained Earnings -
Unrestricted (003-3336) ( 37,071)
13) Transfer to Capital
Projects Fund
14) Retained Earnings-
Unrestricted
15) Transfer to Capital
Projects Fund
16) Retained Earnings -
Unrestricted
17) Transfer to Capital
Projects Fund
18) Retained Earnings-
Unrestricted
19) Transfer to Capital
Projects Fund
20) Retained Earnings -
Unrestricted
21) Transfer to Capital
Projects Fund
22) Retained Earnings -
Unrestricted
(007-056-8240-9508) $ 29,682
(007-3336) ( 29,682)
(015-002-1617-9508) 13,471
(015-3336) ( 13,471)
(016-056-2625-9508) 197,828
(016-3336) (197,828)
(017-056-2641-9508) 69,478
(017-3336) ( 69,478)
( 019-002 - 1262 -9508 ) 4,804
(019-3336) ( 4,804)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
RECEt~/EO
glTY CLF~R':{.S OFi:'~l~i'
OEI -9 P3:10
December 15, 1997
Council Report No. 97-47
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: Regional 800 MHz Tmnked Radio System
BACKGROUND:
On May 12. 1997. Ci_ty Council concurred in the development of a regional 800
MHz trunked radio system for Roanoke City and Roanoke County. This regional
project was included in the City Manager's recommended budget for Fiscal Year
1997-98 as a recommended supplemental budget, and City Council adopted the
budget on that date.
Radio system design and implementation was planned to take place over
five fiscal years, beginning in Fiscal Year 1997-98.
Total capital cost of the system for both jurisdictions was estimated to be
$7.6 million.
o
County share of the total capital cost of the system was estimated to be
$0.9 million. Roanoke County already has an 800 MHz system that cost
$5 to $6 million to develop, and that system will be expanded to cover the
entire City and County region.
City share of the total capital cost of the system was estimated to be $6.7
million.
Bo
Funding sources for the City's estimated $6.7 million share of the total capital
cost of the system cost over the five-year implementation cycle were projected
to be:
1. Lease-purchase agreement $2.5 million
2. General obligation bonds $1.25 million
3. Nursing Home operating supplement $0.8 million
4. Proprietary Fund retained earnings $0.6 million
5. General Fund (including an increase in the
E-911 surcharge tax rate to $1.45)
$1.55 million
Regional 800 MHz Trunked Radio System
Page 2
Co
Previously. on April 7. 1997. City_ Council had appropriated funding to hire
Hayes. Seay. Mattern and Mattern to prepare detailed specifications for the
regional radio system. A draft of the specifications was completed and submitted
to the Federal Communications Commission (FCC) in June 1997. The City had
previously received approval from the FCC in June 1996 for ten 800 MHz
frequencies to merge with the County's existing thirteen frequencies to create a 23
channel system. The City was given a completion date of September 2001 by the
FCC to place all of the frequencies in operation, and had to show substantial
progress within the first year. Development of the specifications was deemed
critical to show substantial progress.
On July 7, 1997, City Council took two additional actions to allow timely,
continuing progress in the development of the regional radio system:
Adopted a resolution determining that competitive sealed bidding was not
practicable or fiscally advantageous to the city for procurement of the
regional radio system, and authorized instead the use of competitive
negotiation for other than professional services in a sole source
environment; and
Authorized the City_ Manager to negotiate an intergovernmental agreement
with Roanoke County, in a form approved by the City Attorney, that
would define the operations and maintenance responsibilities of the City
and County relative to the regional system, as well as any other appropriate
rights or responsibilities of either local government.
Eo
On July 22. 1997. system specifications were sent to Motorola, Inc., as the sole
source for system procurement, and a pre-bid conference was held on July 30,
1997.
Fo
On October 17, 1997, Motorola, Inc. submitted its proposal for the regional radio
system at a total projected cost of $8,590,000. Motorola offered $1,000,000 in
contract pricing incentives (deductions) contingent upon:
Contract execution by December 17, 1997;
Purchase of the entire system at one time rather than in phases; and
Trade-in allowance for replaced equipment.
The net cost of the total system with all pricing incentives would be $7,590,000,
without any project contingency, per Motorola's initial proposal.
Regional 800 MHz Tmnked Radio System
Page 3
II. CURRENT SITUATION:
mo
Roanoke Ci.ty and Roanoke County staff have negotiated a recommended contract
with Motorola, Inc., for the development of a regional tmnked 800 MHz radio
system. Contract details include:
Installation of Fixed Network Equipment (radio system infrastructure such
as repeaters, microwave links and antenna systems) by February 1999,
with phased delivery of all Subscriber Equipment (radios) by July 1999 for
installation by December 1999;
[The December 1999 date precedes the required FCC system implementation date of
September 2001 by 21 months, thereby allowing service delivery benefits of the regional
communications system to be realized by City and County citizens sooner. However,
the accelerated implementation schedule will require some changes in the project
funding plan as discussed in Section II.C. of this report.]
2. Total negotiated system cost is $6,886,847;
3. County share of the total system cost is $881,949; and
4. City share of the total system cost is $6,004,898.
[The city share does not include a required city project contingency of $336,370. When
the contingency is added, the negotiated city share of the total project cost is $6,341,268,
$354,288 less than the original estimated city share of the project budget.]
City and County staff have also negotiated a recommended intergovernmental
agreement between the City of Roanoke and County of Roanoke that addresses
the following regional system issues:
2.
3.
4.
5.
6.
7.
8.
Duration of agreement
System construction and financing
Ownership of system assets
Replacement of system assets
System management and maintenance
Insurance of equipment
System radio capacity
Termination of agreement
A copy of the draft agreement is attached, and the City Manager is prepared to
execute the agreement subject to City Council's approval of this report.
Regional 800 MHz Trunked Radio System
Page 4
Co
The recommended project funding plan includes several changes necessary to
adequately fund the city share of the project cost within the accelerated
implementation schedule. However, no additional General Fund revenues will be
required, and the E-911 tax rate of $1.45 would remain intact. The recommended
funding sources for the city share of the project cost are as follows:
1. Lease-purchase agreement
$2,544,154
[Competitive lending proposals were received on December 4, 1997,
and analyzed by a staff team from the Departments of Finance,
Management and Budget, and Supply Management. The most
competitive proposal was submitted by Motorola Credit Corporation
at a rate of 4.16% for seven years. City Council is being requested to
authorize the City Manager to approve a lease agreement as part of
this report.]
2. 1997 General obligation bonds
$1,250,000
[The total recommended is included in the $13 million portion of the
$39 million total bond package to be issued in December 1997.]
3. Nursing Home operating supplement
$1,000,000
[The supplement is to be used for Fiscal 1997-98 and 1998-99 only
before it is converted for use to pay debt service on the $39 million
bond issue.]
General Fund (including an increase in the
E-911 surcharge tax rate to $1.45)
$1,581,860
5. Proprietary Fund retained earnings
$585,780
[This is the cost of the project attributable to other proprietary funds
including the Fleet Management ($69,478), Management Services
($13,471), Risk Management ($4,804), Sewage ($37,071),
Transportation ($29,682), Utility Line Services ($197,828) and
Water ($233,446) funds.]
6. Nursing Home residual equity
$260,000
[These funds are available due to close-out of the Nursing Home
business and operating fund during Fiscal Year 1997-98.]
These funding sources exceed the capital cost of the project. Additional funds
will be used to make annual lease purchase payments beginning in January 1999.
Regional 800 MHz Trunked Radio System
Page 5
III.
Do
Eo
Also, since some of these funds will be not be available until Fiscal Year 1998-99
or Fiscal Year 1999-00 when implementation is complete, a "non-appropriation"
clause has been added to the contract with Motorola, Inc.
The following appropriations are required at this time to partially fund the project:
1. Funds to be provided through a lease purchase $2,544,154
agreement with Motorola Credit Corporation
2. 1997 General obligation bonds
$1,250,000
3. Proprietary Fund retained earnings
$585,780
[Fleet Management ($69,478), Management Services ($13,471), Risk
Management ($4,804), Sewage ($37,071), Transportation ($29,682),
Utility Line Services ($197,828) and Water ($233,446) Funds.]
4. Nursing Home residual equity
$260,000
5. Nursing Home operating supplement
$179,000
In additon, $832,777 is available in the Transfers to Capital Projects account
#001-004-9310-9508 based on City Council's adoption of the recommended
supplemental budget in May 1997. This total includes proceeds from the
increased E-911 surcharge tax, Nursing Home supplement funds and additional
General Fund revenues allocated to the project previously by City Council.
General Fund revenues required in future fiscal years will be included in the
recommended budget presented to City Council by the City Manager. As
stated previously, this will include proceeds from the increased E-911 surcharge
tax, Nursing Home supplement funds and additional General Fund revenues
previously allocated by City Council to the project.
ISSUES:
A. Enhanced service delivery
B. Enhanced employee safety
C. Regional cooperation
D. Competitiveness of the contract price
Regional 800 MHz Tmnked Radio System
Page 6
IV.
E. Affordability
F. Timing
ALTERNATIVES:
A. City Council concur in the following actions:
Approve the attached ordinance:
· Authorizing the City Manager to execute a contract with the County of
Roanoke, Virginia, and Motorola, Inc. in the total amount of $6,886,847,
with the Roanoke City share of the total being $6,004,898 and the
Roanoke County share being $881,949; and
· Authorizing the City Manager to execute a lease purchase agreement with
Motorola Credit Corporation in the amount of $2,544,154.
Approve the attached ordinance authorizing the Director of Finance to establish a
new capital project account entitled "Regional Radio System", appropriate
$5,315,341 for the partial funding of the project, and establish a project
contingency in the amount of $336,370 from the following funding sources
totaling $5,651,711:
· Funds to be provided through a lease purchase $2,544,154
agreement with Motorola Credit Corporation
1997 General obligation bonds
Proprietary Fund retained earnings
[Fleet Management ($69,478), Management Services ($13,471), Risk
Management ($4,804), Sewage ($37,071), Transportation ($29,682),
Utility Line Services ($197,828) and Water ($233,446) Funds.]
Nursing Home residual equity
Nursing Home operating supplement
Transfers to Capital Projects Fund account
# 001-004-9310-9508
$1,250,000
$585,78O
$260,000
$179,000
$832,777
Regional 800 MHz Trunked Radio System
Page 7
Enhanced service delive~ would be achieved with the provision of an
updated radio communication system for Roanoke City that would replace
aging equipment, eliminate frequency overcrowding, and address current
problems with interdepartmental communications.
The total project also includes as a component an automated fire station
notification system that will improve dispatch time for fire and emergency
medical service calls in Roanoke City, thereby enhancing public safety.
Enhanced employee safety would be provided, particularly in the Fire-
EMS and Police Departments. Coverage problems involving the ability of
public safety employees to communicate by radio from inside buildings or
vehicles with other employees at a crime scene or fire incident would
be addressed, and radio signal encryption capability will be provided for
employees involved in sensitive police operations.
Regional cooperation would be enhanced by building a communications
platform to improve current City and County cooperation in the area of
public safety and foster new regional cooperative efforts in the future. The
first City departments to benefit from the new 800 MHz system will be the
Fire-Emergency Medical Services and Police Departments. County public
safety departments already utilize the 800 MHz radio technology being
acquired by the City.
Competitiveness of the contract price in a sole source environment has
been assured through the review of the proposal by the contract consultant,
Hayes, Seay, Mattern and Mattern, and through staff comparisons of
proposal pricing with pricing received recently by several other local
governments for similar radio equipment.
Affordabili .ty of the contract in an accelerated implementation timeframe
has been made possible throught the efforts of City and County technical
staff, who have negotiated in partnership with Motorola representatives to
keep project costs as low as possible while still developing a viable
system. Funds are available to implement the project, and no additional
General Fund revenues are required.
o
Timing would not be an issue unless City Council opts to not approve the
contract at this Council meeting. Pricing incentives offered by Motorola
could become void if the contract is not signed on or about December 17,
1997. The Roanoke County Board of Supervisors is scheduled to consider
Regional 800 MHz Trunked Radio System
Page 8
the contract at its regularly scheduled meeting on December 16, 1997.
B. City Council not concur in the following actions:
Approve the attached ordinance:
Authorizing the Ci_ty Manager to execute a contract with the County of
Roanoke, Virginia, and Motorola, Inc.
Authorizing the City_ Manager to execute a lease purchase agreement with
Motorola Credit Corporation.
Approve the attached ordinance authorizing the Director of Finance to establish a
new capital project account entitled "Regional Radio System", appropriate partial
funding for the project, and establish a project contingency.
Enhanced service delivery_ would not be achieved. Existing problems with
the city's radio communications system, including aging equipment,
frequency overcrowding, and problems with interdepartmental
communications, would continue unless the city opts to develop its own
800 MHz radio system. The City stands to lose its ten 800 MHz
frequencies if they are not used within the timeframe specified by the
FCC.
Furthermore, fire and emergency medical service dispatch times would not
be improved without the automated fire station notification system.
Enhanced employee safety_ would not be provided. Existing coverage
problems would continue and encrypted radio signal capability would not
exist.
Regional cooperation would not be enhanced. Current City and County
cooperation in the area of public safety would not be improved, and a
communications platform to support regional cooperative efforts in the
future would not exist.
Competitiveness of the contract price in a sole source environment would
not be an issue.
5. Affordabili _ty of the contract would not be an issue.
Regional 800 MHz Tmnked Radio System
Page 9
o
Timing will become an issue if the City does not develop a plan to fully
utilize its ten 800 MHz frequencies by September 2001.
V. RECOMMENDATION:
City. Council concur in the following actions:
Approve the attached ordinance:
Authorizing the Ci_ty Manager to execute a contract with the County of
Roanoke, Virginia, and Motorola, Inc. in the total amount of $6,886,847,
with the Roanoke City share of the total being $6,004,898 and the
Roanoke County share being $881,949; and
Authorizing the City Manager to execute a lease purchase agreement with
Motorola Credit Corporation in the amount of $2,544,154.
Approve the attached ordinance authorizing the Director of Finance to establish a
new capital project account entitled "Regional Radio System", appropriate
$5,315,341 for the partial funding of the project, and establish a project
contingency in the amount of $336,370 from the following funding sources
totaling $5,651,711:
· Funds to be provided through a lease purchase $2,544,154
agreement with Motorola Credit Corporation
· 1997 General obligation bonds
$1,250,000
· Proprietary Fund retained earnings
$585,780
[Fleet Management ($69,478), Management Services ($13,471), Risk
Management ($4,804), Sewage ($37,071), Transportation ($29,682),
Utility Line Services ($197,828) and Water ($233,446) Funds.]
· Nursing Home residual equity
$260,000
Nursing Home operating supplement
$179,000
Transfers to Capital Projects Fund account
# 001-004-9310-9508
$832,777
Regional 800 MHz Trunked Radio System
Page 10
Respectfully submitted,
W. Robert Herbert
City Manager
Attachments
cc:
Mary F. Parker, City Clerk
Wilburn C. Dibling, City Attomey
James D. Grisso, Director of Finance
George C. Snead, Jr., Director of Public Safety
Ronald L. Wade, Acting Manager of Communications
Barry L. Key, Manager, Management and Budget
Robert Newman, Motorola, Inc.
Vern Danielsen, Hayes, Seay, Mattern and Mattern
John Chambliss, Assistant County Administrator, County of Roanoke
DRAFT
THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the __ day of
,1997, by and between the CITY OF ROANOKE (the "City"), a municipal
corporation of the Commonwealth of Virginia, and the COUNTY OF ROANOKE (the
"County"), a political subdivision of the Commonwealth of Virginia;
RECITALS
WHEREAS, the City and County have the power to establish a radio communications
system to serve their fire, police, emergency and other radio communications needs; and
WHEREAS, the City and County have determined that it is in their mutual best interest
to jointly cause the existing County 800 MHz tmnked radio communications system to be
expanded and equipped to serve the fire, police, emergency and other radio communication needs
of both the City and County; and
WHEREAS, pursuant to Section 15.1-21 of the Code of Virginia, 1950, as amended, the
City and County have determined to exercise jointly their powers with respect to the System, as
provided for in this Agreement; and
WHEREAS, the City and County desire to enter into this Agreement for the purpose of
providing the details relating to the operation of the System and the relationship among the City
and County;
WITNESSETH
THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements
contained herein, the parties hereto, pursuant to the provisions of Section 15.1-21 of the Code of
Virginia (1950), as amended, do covenant and agree to the following:
I. DEFINITIONS AND WARRANTIES
A. DEFINITIONS
"Agreement" shall mean this Intergovernmental Agreement, and any and
all amendments hereto.
"Associated System Assets" shall mean System assets and equipment not
designated as Fixed Network Equipment that are required for operation of
the System, and shall include buildings, dispatch center electronic
equipment and furniture, fences, generators, grounding systems, HVAC
systems, rights of way, roadways, site leases, towers and uninterruptible
power supplies (UPS).
"City" shall mean the City of Roanoke, Virginia, its successors and
assigns.
"Contract" shall mean the contractual agreement negotiated by the City,
County, Motorola, Inc., for the construction of the System, including all
attachments thereto.
w
"County" shall mean the County of Roanoke, Virginia, its successors and
assigns.
e
"Fixed Network Equipment" shall mean the System equipment currently
owned and to be purchased by the City and County and located at System
sites. This equipment is the infrastructure necessary to facilitate the use of
subscriber units on the 800 MHz tmnked radio System, and shall include
all equipment that is common to both City and County such as antenna
network equipment, base stations, controllers, fault management network
equipment, microwave network equipment, and simulcast network
equipment.
"Subscriber Equipment" shall mean the mobile and portable radios used
by the City and County on the System.
Se
"System" shall mean the radio communications system to be jointly
constructed by the City of Roanoke and County of Roanoke.
B. REPRESENTATIONS AND WARRANTIES
Each of the parties hereto makes the following representations and warranties, all
of which shall continue for the duration of this Agreement:
It has full power and authority to enter into this Agreement and to
consummate and carry out the transactions contemplated by this
Agreement. It has taken or will take all action required by this Agreement
and other appicable laws in connection therewith.
2. It has duly authorized the execution and delivery of this Agreement.
The execution and delivery of this Agreement and the performance of its
obligations hereunder are within its corporate powers and will not conflict
with, or constitute a breach or result in a violation of (1) any Federal or
Virginia Constitutional or statutory provision, (2) in any material respect,
any agreement or other instrument to which such party is a party or by
which it is bound, or (3) any order, rule, regulation, decree or ordinance of
2
any court, government or governmental authority having jurisdiction over
it or its property.
There is no litigation at law or in equity or any proceeding before any
governmental agency pending or, to its knowledge, threatened with respect
to (1) its existence, (2) its authority to execute and deliver this Agreement,
(3) the validity or enforceability of this Agreement or the transactions
contemplated hereby, (4) the title of its officers who are executing this
Agreement, or (5) any authority or proceedings relating to its execution
and delivery of this Agreement.
o
It is a duly organized and validly existing public body politic and
corporate.
II. DURATION OF AGREEMENT
This Agreement shall take effect upon its proper execution pursuant to and by ordinance
or resolution of the goveming bodies of the parties hereto. The initial term of this
Agreement shall be fifteen (15) years following its date of execution, and shall continue
in effect beyond the initial term until terminated by the parties as provided in Section X.
III. PURPOSE
The purpose of this Agreement is to provide the terms and conditions of the joint
undertaking of the parties hereto with respect to the System as required by Section 15.1-
21, Code of Virginia (1950), as amended. The joint undertaking will involve shared
financing of the construction cost of the System, shared operation and maintenance of the
System, and all other things which are necessary or proper to carry out the foregoing
purpose.
IV. SYSTEM CONSTRUCTION AND FINANCING
FIXED NETWORK EQUIPMENT: The System shall be constructed as
described in the Contract, with the City and County jointly acquiring such Fixed
Network Equipment as necessary to meet their individual and mutual
communication goals.
The System will utilize one site in the City (Mill Mountain) and three sites in the
County (Crowell's Gap, Fort Lewis Mountain, and Poore Mountain) to provide
seamless city and county wide coverage for its users. The City will allow
placement of County fixed network equipment at its Mill Mountain site, and the
County will allow placement of City Fixed Network Equipment at its Crowell's
Gap, Fort Lewis Mountain and Poore Mountain sites, in order to achieve the
System goal of seamless coverage.
The County's Southview location will serve as the primary equipment site for the
System, and the County will enhance its dispatch operation at that location. The
City will also upgrade its Emergency Communications Center (ECC), thereby
allowing the ECC and Southview to serve as backup dispatch locations to each
other in certain emergency situations.
There shall be no charge by the City or County to the other party for access to
System Fixed Network Equipment at any site for radio communications purposes.
B. FINANCING OF FIXED NETWORK EQUIPMENT:
The cost of Fixed Network Equipment necessary per the Contract shall be shared
by the City and County as agreed to and represented in Attachment A to this
Agreement, entitled "Revised System Equipment and Pricing List". The total cost
of Fixed Network Equipment for the System is $4,902,918, with the City share
being $4,020,969 and the County share being $881,949.
Necessary adjustments to the cost of Fixed Network Equipment during System
construction will be handled by appropriate change orders agreed to by the City
and County Project Managers, and the appropriate governmental administrators or
governing bodies as necessary. Such change orders shall serve as the basis for
amendments to this section of the Agreement.
The City and County hereby agree to fund their respective cost shares of the total
cost for Fixed Network Equipment.
The City will serve as the primary contractor for procurement purposes.
Ce
SUBSCRIBER EQUIPMENT: The City will also purchase Subscriber
Equipment as described in Attachment A to this Agreement, entitled "Revised
System Equipment and Pricing List", at a total cost to the City of $1,983,929.
V. OWNERSHIP OF SYSTEM ASSETS
EXISTING SITES AND EQUIPMENT: Ownership of existing sites, including
all real and personal property at each site owned by the City or County at the date
of this Agreement, shall not change. Each party shall retain ownership of any
Associated System Assets, Fixed Network Equipment or Subscriber Equipment
currently owned by that party. A listing of all equipment owned by each party at
the signing of this Agreement is included as Attachment B.
4
VI.
VII.
Bo
NEW SYSTEM EQUIPMENT: Ownership of any new Fixed Network
Equipment acquired for use in the operation of the System shall remain with the
party purchasing such equipment, if purchased solely by that party. If purchased
with joint funds of both parties, ownership shall be divided among the purchasing
parties in the proportion that each party contributed toward the purchase. The
cost sharing percentages for the purchase of System assets are detailed in
Attachment A to this Agreement.
Co
NEW SUBSCRIBER EQUIPMENT: Ownership of any new Subscriber
Equipment acquired for use in the operation of the System shall remain with the
party purchasing such equipment.
REPLACEMENT OF SYSTEM ASSETS
EXISTING SITES AND EQUIPMENT: Each party to this Agreement shall be
solely responsible for the replacement of all equipment owned by that party at the
signing of this Agreement, including Associated System Assets and Subscriber
Equipment, as detailed in Attachment B.
NEW AND EXISTING FIXED NETWORK EQUIPMENT: The parties to
this Agreement shall be jointly responsible for the replacement as necessary of
Fixed Network Equipment utilized in the System for the mutual benefit of the
City and County. Replacement costs shall be shared equally by both parties.
Ownership of replaced equipment shall be equally divided between the City and
County.
SUBSCRIBER EQUIPMENT: Each party to this Agreement shall be solely
responsible for the replacement of all Subscriber Equipment owned by that party.
SYSTEM MANAGEMENT AND MAINTENANCE
Ae
CITY AND COUNTY SYSTEM MANAGERS: The City's Manager of
Communications will serve as the City System Manager and the County's
Director of General Services will serve as the County System Manager.
SYSTEM MANAGER RESPONSIBILITIES: The City and County System
Managers will jointly develop and implement policies and procedures necessary
for the efficient and effective operation and maintenance of the combined System.
In addition, they will oversee maintenance functions of the system and be
responsible for administrative functions, including City and County billing for
maintenance. Finally, they will develop a recordkeeping system adequate to
facilitate the effective administration of this Agreement, to include accurate
listings of System assets owned by both parties to this Agreement.
Ce
Do
RESOLUTION OF DISPUTES: Any System management issues that cannot be
resolved by the City and County System Managers will be referred to the City's
Director of Public Safety and the County's Assistant County Administrator for
review and resolution. Issues that cannot be resolved at this level will be referred
to the City Manager and County Administrator. If there is no resolution at this
level, the issue will be submitted to arbitration as allowed under Section 15.2-
1404, Code of Virginia (1950), as amended..
SYSTEM ASSET MAINTENANCE
Associated System Assets - Each party to the Agreement shall be
primarily responsible for routine maintenance of its own Associated
Systems Assets, as detailed in Attachment B. Each party must maintain its
own Associated Systems Assets in a manner that will not interfere with the
operation of the combined System. Expenses for major repairs, including
the overhaul or replacement of major units such as a generator, tower, or
UPS, may be cost shared in a manner mutually agreeable to all parties.
Fixed Network Equipment - Both parties to this Agreement shall be
jointly responsible for the maintenance of Fixed Network Equipment, and
maintenance expense shall be shared on a 50/50 basis. Prior to February
1999, the City and County Systems Managers shall develop an equitable
method of accounting for such maintenance expenses, and that procedure
shall be incorporated as an amendment to this Agreement. City and
County staff shall then use this method to track maintenance expenses on
Fixed Network Equipment each fiscal year. At the close of each fiscal
year, actual maintenance expenses incurred by the City and County will be
compared. If necessary, one party may then bill the other in an amount
necessary to equitably share the maintenance expenses.
Maintenance expenses may include, but are not limited to, Motorola or
other maintenance contracts for repair or replacement of cards, boards,
units, replacement parts and preventative maintenance of the Fixed
Network Equipment that is utilized in the System for the mutual benefit of
the City and County.
Subscriber Equipment - Each party to the Agreement shall be solely
responsible for maintenance of Subscriber Equipment owned by that party.
ADDITION OF NEW USERS
Both the City and County System Managers must agree to the conditions under
which additional users that do not have radio unit allocations may be added to
the System.
Vlll. INSURANCE OF EQUIPMENT
COUNTY EQUIPMENT LOCATED ON A CITY SITE: The City will insure
personal property (communications equipment) owned by the County that is
located on a City site by increasing the City's property insurance coverage in an
amount necessary to adequately insure the County property. The City will request
that its property insurer list the County as an additional named insured on the
City's policy as concerns the County equipment placed on the City site. The
County may be billed by the City for the cost differential in insurance
premiums.
CITY EQUIPMENT LOCATED ON A COUNTY SITE: The County will
insure personal property (communications equipment) owned by the City that is
located on a County site by increasing the County's property insurance coverage
in an amount necessary to adequately insure the City property. The County will
request that its property insurer list the City as an additional named insured on the
County's policy as concerns the City equipment placed on the County site. The
City may be billed by the County for the cost differential in insurance
premiums.
IX. SYSTEM RADIO CAPACITY
Ao
RADIO UNIT CAPACITY: Each of the four sites shall include twenty-three
(23) channels, with one channel serving as the control channel for the System. At
a maximum loading ratio of 100 radio units per usable channel, the System will
have an initial capacity of 2,200 radio units.
Bo
RADIO UNIT ALLOCATION: One radio unit allocation is considered to be
either one mobile radio, one hand-held portable radio, or one control station. The
initial unit allocation for the City and County shall be 1,100 units each. The
actual number of radio units expected to be utilized by the City and County
initially are shown below by type of Subscriber Equipment:
Roanoke City
Mobile Radios 537
Portable Radios 411
Control Stations 50
Roanoke County
Total Units 998 950
Co
AVAILABLE ALLOCATED UNITS: Should any party have more unit
allocations than is required at that time for their use, any other party may request
and receive on loan an mount of units up to the total of all available unit
allocations. However, the borrowing party must make the borrowed allocation
units available to the lending party upon ninety (90) days notice.
SYSTEM UPGRADE: When the capacity of the system is no longer adequate to
meet the aggregate needs of the parties, the parties shall jointly pursue the
acquisition of additional frequencies and equipment necessary to utilize such
frequencies. A mutually agreeable cost sharing arrangement shall be negotiated
by the parties for the acquisition of necessary equipment, and incorporated as an
amendment to this Agreement.
X. TERMINATION OF AGREEMENT
RIGHT TO WITHDRAW: Any party to this Agreement has the right to
withdraw from this Agreement after its initial term. No such termination shall
become effective until twelve (12) months after written notice thereof shall have
been given to all the other parties thereto.
Be
DISPOSITION OF JOINT EQUIPMENT: Equipment purchased with joint
funds of the parties shall remain on the site to which assigned, and the terminating
party shall be reimbursed for its share of the equipment purchased with joint
funds. The reimbursement shall be the original cost less depreciation, as
determined by an auditor jointly selected by all parties to the Agreement.
Reimbursement shall occur within twelve (12) months of the date of termination.
DISPOSITION OF SEPARATE EQUIPMENT: The terminating party may
remove any or all of its own separate equipment, unless the removal of the
equipment will render the System inoperable. In such case, the party may not
remove the equipment, but shall be reimbursed pursuant to section X.B, above.
XI. MISCELLANEOUS
Ao
AMENDMENTS: This Agreement may not be amended, modified or otherwise
altered without the express written consent of all parties hereto.
XII. ATTACHMENTS
A. REVISED SYSTEM EQUIPMENT AND PRICING LIST
B. CURRENT CITY AND COUNTY SYSTEM ASSETS
WITNESS the following signatures and seals:
CITY OF ROANOKE:
ATTEST:
By:.
By:
Title:
Title:
COUNTY OF ROANOKE:
ATTEST:
By:
By:
Title:
Title:
9
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
December 23, 1997
File #24-184
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33676-121597, authorizing payment of'
supplementary compensation and restoration of certain benefits to employees serving in
the Bosnian Effort. The abovereferenced measure was adopted by the Council of the City.
of Roanoke at a regular meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc: James D. Grisso, Director of Finance
Kenneth S. Cronin, Manager, Personnel
H:~AGENDA.97~DECl 5.W130
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33676-121597.
A RESOLUTION authorizing payment of supplementary compensation and restoration
of certain benefits to employees serving in the Bosnian Effort.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City shall pay to any City employee who, between December 16, 1995, and
December 31, 1998, is called to active duty related to the Bosrdan Effort a supplement equal to the
difference between regular City salary and military base pay plus any other compensation received
for such service. This supplement shall not be paid for any days that regular City salary must be
paid to such employees.
2. Any City vacation or paid leave used by such employees during active duty related
to the Bosnian Effort shall be restored.
3. Each such employee shall be deemed to have earned City vacation, paid and
extended illness leave for the period of such active duty in the same manner as ff such employee
had remained in service with the City.
4. For each such employee who returns to service with the City within seven (7)
working days of the conclusion of such active military duty, the City shall pay the City portion of
the health and dental benefit premiums necessary to provide coverage for the employee effective
upon the date of return to service with the City.
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
December 17, 1997
File #24-184
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33675-121597, amending and reordaining
subsection (b) of § 2-41. M[~, Code of the City of Roanoke (1979), as amended,
to provide for accrual of vacation leave, paid leave and extended illness leave during-
military leave, effective retroactive to January 1, 1997. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on:
Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc::
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit
of Virginia
The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of
Virginia
H:~AG END& 9'/~:)EC15.WI~)
W. Robert Herbert
December 17, 1997
Page 2
The
The
The
The
The
The
Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
Honorable George W. Harris, Jr., Judge, General District Court
Honorable Vincent A. Lilley, Judge, General District Court
Honorable William D. Broadhurst, Judge, General District Court
Honorable Jacqueline F. Ward Talevi, Judge, General District Court
The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
District Court
The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations
District Court
Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation,
P. O. Box 2235, Tallahassee, Florida 32304
Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building,
Roanoke, Virginia 24011
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
The Honorable David C. Anderson, City Treasurer
The Honorable Marsha Compton-Fielder, Commissioner of the Revenue
Ronald S. Albright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Bobby D. Casey, Office of the Magistrate
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
George C. Snead, Jr., Director of Public Safety
J. L. Viar, Acting Chief of Police
H:~AGENDA. BT~DEC15.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33675-121597.
AN ORDINANCE to amend and reordain subsection Co) of §2-41, ]~lilaly._Lt, l~ Code
of the City of Roanoke (1979), as amended, to provide for accrual of vacation leave, paid leave
and extended illness leave during military leave; and providing for an emergency and an
effective date.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Subsection Co) of §2-41, ~ Code of the City of Roanoke (1979), as
amended, is hereby amended and reordained to read and provide as follows:
§2-41.
(b) Any employee of the city who is a former member of the
armed services or a member of the organized reserve forces of any of the
armed services of the United States, national guard or naval militia shall
be entitled to leaves of absence from his duties, without loss of seniority,
accrued leave or efficiency rating on all days during which he shall be
engaged in federally funded military duty, to include training duty, or
when called forth by the Governor pursuant to the provisions of section
44-75.1 or section 44-78.1, Code of Virginia. There shall be no loss of
pay during such leaves of absence, except that paid leaves of absence for
federally funded military duty, to include training duty, shall not exceed
fifteen (15) workdays per federal fiscal year, and except that no
employee shall receive paid leave for more than fifteen (15) workdays
per federally funded tour of active military duty. Each employee
accorded military leave pursuant to this section shall be deemed to have
earned vacation leave, paid leave and extended illness leave for the
period of such active duty in the same manner as if such employee had
remained in service with the City; provided, however, accrual of all
forms of leave shall cease after one (1) year of military leave.
2. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to
January 1, 1997.
ATTEST:
City Clerk.
'97 DEC -9 P3:10
December 15, 1997
#97-46
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: MILITARY LEAVE
II.
III.
BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS:
Military_ Leave Policy, Section 2-41 of the Code of the City of Roanoke (1979) as
amended and Personnel Operating Procedure #21, does not provide for accrual of
leave during an absence without pay while serving active duty or training duty
military service.
Returning veteran's rights include no loss of service credit, certain benefits and re-
employment in a similar job but accrual of leave during an unpaid absence is not
required.
Desert Shield/Storm active duty reservists received leave accruals and pay difference
(if any) between military pay and City pay from November 14, 1990 through
January, 1992.
CURRENT SITUATION IS AS FOLLOWS:
Reservists that retum to Ci_ty employment following active duty may retum and have
little or no leave time available.
Bo
Retirement credit and other benefits such as health insurance, dental insurance and
life insurance are continued or restored.
Co
Reservists pay during active military duty, may or may not equal or exceed their pay
with the City of Roanoke.
ISSUES IN ORDER OF IMPORTANCE ARE AS FOLLOW~:
A. Making reservists whole
B. Legal requirements
C. Cost
Honorable Mayor and City Council
Page 2
IV.
Vo
ALTERNATIVES IN ORDER OF FEASIBILITY ARE AS FOLLOWE:
Approve supplemental pay for military reservists for active duty related to the Bosnia
effort and establish leave accrual while on military leave.
1. Making Reservists Whole is accomplished.
2. Legal requirements are met and exceeded.
3. Cost is funded through operating budgets.
Do not approve supplemental pay for military reservists for active duty related to the
Bosnia effort or establish leave accrual while on military leave.
1. Making Reservists Whole is not accomplished.
2. Legal requirements are met.
3. Cost is not an issue.
RECOMMENDATION:
Do
Pay employees who are military reservists called to active duty related to the
Bosnia effort a supplement equal to difference between regular City salary and
military base pay plus any other compensation received for service related to the
Bosnia effort. Supplement will not be paid for any days that regular City salary
must be paid to such employees. The supplement shall be paid as promptly as
possible after employee returns to City job, submission of Special Return from
Military Duty form and receipt of any other necessary documentation.
Restore any vacation time or paid leave used to continue City pay for such
military service.
Add vacation leave, paid leave and extended illness leave, that would have accrued
to the employee's leave balance upon return to City service.
City portions of health care and dental premiums will be paid for such time
necessary to provide coverage for the employee effective upon the date of return
to City service. This benefit shall be granted to employees that return to their City
job within seven working days from the end of active military duty.
Method to accomplish A through C above is reservist's completion of the attached
Special Return from Military Duty Form.
Honorable Mayor and City Council
Page 3
Fo
Go
Effective dates of this special policy shall be December 16, 1995 through
December 31, 1998.
Revise the Code of the City of Roanoke (1979) as amended to provide for accrual
of vacation leave, paid leave and extended illness leave for involuntary active
duty military service for up to twelve (12) monthly accruals effective January 1,
1997.
WRH:bka
Respectfully submitted,.
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Assistant City Manager
Manager, Personnel Management
SPECIAL RETURN FROM MILITARY DUTY
NAME:
SOCIAL SECURITY NUMBER:
DEPARTMENT:
JOB TITLE:
DATE ACTIVE (WITH MILITARY)
DISCHARGE DATE (FROM MILITARY)
MILITARY BRANCH:
RANK:
TOTAL BASE PAY RECEIVED (FROM MILITARY) :
COMPENSATION OTHER THAN BASE PAY: (PLEASE LIST)
TYPE AMOUNT
(ATTACH ORDERS)
(ATTACH DD214)
(ATTACH LEAVE AND EARNINGS STATEMENTS FOR ALL MONTHS ACTIVE DUTY)
THE ABOVE INFORMATION IDENTIFIES TIME OF MILITARY SERVICE AND ALL
REMUNERATION RECEIVED FOR SUCH SERVICE.
FURTHER, I AUTHORIZE THE RELEASE TO THE CITY OF ROANOKE OF
RECORDS RELATED TO MY MILITARY PAY.
SIGNED:
DATE:
CITY USE ONLY
ANNUAL BASE SALARY:
DATE INACTIVE:
DATE ACTIVE:
APPROVED:
APPROVED:
Director, Council Appointed,
Constitutional Officer
City Manager
Date
Date
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 18, 1997
File #27-223-322
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
lam attaching copy of Ordinance No. 33677-121597, approving and authorizing execution
of appropriate license agreements with Virginia Holding Corporation and Norfolk and
Western Railway Company to allow installation of a sanitary sewer pipeline across
property owned by the railroad in connection with the Roanoke River Interceptor Sewer'
Replacement Project, 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, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc;
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Kit B. Kiser, Director of Utilities and Operations
Glenn A. Asher, Risk Management Officer
H:~AGENDA.g'/~D~Cl 5.WPO
W. Robert Herbert
December 18, 1997
Page 2
Diane S. Akers, Budget Administrator, Office of Management and Budget
Delores C. Daniels, Assistant to City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
H:~AGENDA.g71DC-Cl 5.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33677-121597.
AN ORDINANCE approving and authorizing execution of
appropriate license agreements with the Virginia Holding
Corporation and the Norfolk and Western Railway Company to allow
installation of a sanitary sewer pipeline across property owned by
the railroad in connection with the Roanoke River Interceptor Sewer
Replacement Project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager and City Clerk
are hereby authorized to execute and attest, respectively, on
behalf of the City, in form approved by the City Attorney, the
appropriate license agreements with the Virginia Holding
Corporation and the Norfolk and Western Railway Company for
installation of a sanitary sewer pipeline across property owned by
the railroad in connection with the Roanoke River Interceptor Sewer
Replacement ProjeCt, upon the terms and conditions contained in the
report to this Council dated December 15, 1997.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
H :\OI~D\O-NI~- LA.IL~.
City Clerk.
RECEIV£O
'97 DE0-8 t0:50
December 15, 1997
Council Report No. 97-201
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT:
THREE RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER
INTERCEPTOR SEWER REPLACEMENT PROJECT
Background on the subject in chronological order is as follows:
Roanoke River Interceptor Sewer Replacement Proiect consists of reDlacinq the
existina sewer line with a laraer sewer line from the Water Pollution Control
Plant to the western city limits.
II.
Current situation is as follows:
Project will follow Norfolk and Western Railway oropertv on the opposite side
of the Roanoke River from the Water Pollution Control Plant.
Bo
Aareements are required with Virqinia Holdina CorD0ration and Norfolk and
Western Railway Company to allow the City to construct, remove, replace, and
maintain the sanitary sewer pipeline across property owned by the railroad. In
order to allow the City to do this work, the railroad requires the City to agree
to broad indemnification of the railroad, including environmental matters. These
three agreements are identified by the attached letter dated November 4, 1997,
to Mr. Phil Schirmer.
Ill.
Issues in order of importance are as follows:
A. Indemnification
B. Cost
C. Funding
D. Project schedule
Honorable Mayor and Members of City Council
THREE RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER
INTERCEPTOR SEWER REPLACEMENT PROJECT
December 15, 1997
Page 2
IV.
Alternatives in order of feasibility are as follows:
City Council authorize the City Manaoer to execute the appropriate agreements
with Virqinia Holdina CorDoration and NQrfolk and Western Railway ComPany,
in a form approved by the City Attorney, to construct, remove, replace, and
maintain the sanitary sewer pipeline located on railroad property and to
indemnify the railroad for liability related to such construction, removal,
replacement, and maintenance. Indemnification extends to release of any
hazardous substance already on Railway property. There is also a provision that
either party may terminate the agreement on sixty days written notice to the
other party.
~Le~[~7,~j~ by the City to the railroad is required by the Agreements.
The Contractor constructing the sewer will be required to provide
adequate insurance naming the City of Roanoke as an additional insured.
Cost of the three agreements with Norfolk and Western Railway is a one-
time fee of $17,200, plus $1.050 for the Railroad Protective Liability
Insurance.
Funding is available in the Roanoke River Interceptor Sewer account
number 003-056-8484-9050.
Proiect schedule requires that the Agreements be executed as quickly as
possible.
City Council does not authorize the City Manaqer to execute the aDDr0priate,
aareements with Virginia Holdinq Corporation and Norfolk and Western Railway
ComPany.
Indemnification will still be an issue with Norfolk and Western Railway
at a later date.
2. Cost to the City would be subject to future negotiation.
Funding would remain in the Roanoke River Interceptor Sewer account
number 003-056-8484-9050.
4. Proiect schedule will be delayed.
Honorable Mayor and Members of City Council
THREE RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER
INTERCEPTOR SEWER REPLACEMENT PROJECT
December 15, 1997
Page 3
Recommendation is as follows:
City Council concurs in Alternative "A" and authorizes the City Manager to execute the
necessary agreements with Virginia Holding Corporation and Norfolk and Western
Railway Company in a form acceptable to the City Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/SEF/kh
Attachment
C;
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Risk Manager
Budget Administrator
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
NORFOLK
SOUTHERN
Norfolk Southern Corporation
Real Estate and Contract Services
Suite 1650, One Georgia Center
600 West Peachtree Street, N.W.
Atlanta, GA 30308-3603
L. H. Goodlett
Contracting Specialist
My Direct Line Is:
Phone: (404) 529-2378
FAX: (404) 527-2783
November 4, 1997
VIA AIRBORNE EXPRESS
Mr. Phil Schirmer
Project Manager
City of Roanoke
Municipal building - Room 350
215 Church Avenue, S. W.
Roanoke, VA 24011
RE: ROANOKE, Virginia
101~?.~.7 - Proposed agreement between Virginia Holding Corporation and
the City of Roanoke concerning the installation of a 60-inch sewer pipeline
along and under Railroad's right of way at a point 4,950 feet east of
Milepost V-247 to a point 2,800 feet east of Milepost V-247, 2,150 feet in
length; $5,800.00 non-refundable one-time lump sum fee.
101~.~.~.1 - Proposed agreement between Norfolk and Western Railway
Company and the City of Roanoke concerning the installation of a 60-inch
sewer pipeline along and under Railroad's right of way at a point 2,100 feet
west of Milepost N-260 to a point 800 feet west of Milepost N-261, 4,600
feet in length; $9,800.00 non-refundable one-time lump sum fee.
1015558 - Proposed agreement between Norfolk and Western Railway
Company and the City of Roanoke concerning the installation of a 60-inch
sewer pipeline crossing under and across Railroad's right of way at Milepost
V-247 minus 2,800 feet; $1,600.00 non-refundable one-time lump sum fee.
Dear Mr. Schirmer:
Enclosed in duplicate are proposed agreements referenced above. If satisfactory, please
have all counterparts signed in the presence of a witness and return to me for my further handling.
Please include your check made payable to Norfolk and Western Railway Company in the
amount of $17,200.00 to cover the non-refundable one-time lump sum fees as stipulated in the
agreements. Please add an additional $350.00 per crossing to your check if you wish to take
advantage of the Railroad°s Master Railroad Protection Liability Insurance Policy. We ask that you
also provide evidence of general liability insurance as required in the agreements by sending it
directly to: Mr. David W. Fries, Risk Manager, Norfolk Southern Corporation, Three Commercial
Place, Norfolk, Virginia 23510-2191 prior to the construction, maintenance, or entry upon
Railroad's property. Should you have any questions concerning the insurance requirements, please
contact Mr. Fries at (757) 629-2701.
Please do not date the proposed agreements as we will do so when executed on behalf of
the Railroad. Upon completion and final approval by the Railroad, fully executed originals will be
forwarded to you for your records.
Operating Subsidiaries: Norfolk Southern Railway Company / North American Van Lines, Inc.
Mr. Phil Schirmer
November 4, 1997
Page 2
Act. Nos.: 1014447, 1014441 and 1015558
Thank you for your cooperation and if I may be of any further assistance, please contact me
at the telephone number shown above referring to my Activity Numbers 1014447, 1014441, and
1015588.
Enclosure
LHG:dmd/9-2-97.LHG/43-44
Lillian H. Goodlett
NORFOLK
SOUTHERN
Norfolk Southern Corporation
Three Commercial Place
Norfolk, Virginia 23510-2191
757 629-2361 FAX
David W. Fries, ARM
Risk Manager
757 629-2701
Jennifer L. Graf
Insurance Analyst
757 629-2841
Athlyn S. McDaniel
Risk Manager
757 629-2364
NOTICE CONCERNING INSURANCE REQUIREMENTS
The attached license agreement contains two (2) insurance requirements that must be met
before commencement of construction, maintenance/repair of the facility, or entry on
Company's property will be permitted. These provisions are as follows:
The Licensee or its contractor must furnish a certificate of insurance
stating that general liability insurance with a combined single limit of not
less than $1,000,000 each occurrence is maintained. The certificate of
insurance should be furnished to the Risk Manager, Norfolk Southern
Corporation, Three Commercial Place, Norfolk, Virginia 23510-2191.
The Licensee or its contractor must obtain and furnish to NS an g. dgJL~
Railroad Protective Liability Insurance Policy. This policy should name
Norfolk Southern Railway Company as the named insured and have limits
of $2,000,000 each occurrence and 06,000,000 aggre{~ate. The city,
state, and railroad milepost number of the job site should be identified in
the policy. Further, this policy should be written using ISO/RIMA Form
Numbers CG O0 35 10 93 or CG OO 35 06 90 and include ISO Pollution
Exclusion Amendment Nos. CG 28 31 10 93 or CG 28 31 11 85. This
policy should also be furnished to the Risk Manager at the address given
above.
Because Railroad Protective Liability Insurance can be prohibitively expensive, the Company
has obtained a Master Railroad Protective Liability Insurance Policy and has made it available
for your project. Currently, the fee for adding your project to this Master Policy is $350.00
per crossing or per parallel 'installation, provided the total coat of the construction on Company
right of way does not exceed $150,000. In the event you decide to utilize our Master Policy,
a check to cover this fee should be made payable to the Company and forwarded back to the
Company with the executed license agreement. Please note that should.you decide to use our
Master Policy, it will still be necessary to furnish a certificate of insurance for your
organization's general liability insurance as outlined above in Item No. 1.
If you should have any questions concerning insurance requirements for the attached license
agreement, please feel free to call me at (757) 629-2701 or Athlyn McDaniel at (757) 629-
2364.
Sincerely,
D. W. Fries, ARM
Risk Manager
OI3eratmg Subs;diaries: Norfolk Southern Railway Company / North American Van L~nes, Inc
i) RECEIVED
CITY OF ROANOKE CITY CL[RKS
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
C.URC. AVENUE, SW '97 DEC 11 x 1,,. so s
ROANOKE, VIRGINIA 24011-1595 STEVEN J. TALEVI
TELEPHONE: 540-853-2431 GLADYS L. YATES
WILBURN C. DIBLING, JR. FACSIMILE: 540-853-1221 GARY E. TEGENKAMP
CITY ATrORNEY E-MAIL:cityatty@ci.roanoke. va.us ASSISTANT CITY ATTORNEYS
December 15, 1997
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
RE:
Representation of Department of Social Services
Dear Mayor Bowers and Council Members:
On April 21, 1997, I introduced you to Allen T. Wilson, the half-time Assistant City
Attorney dedicated to representation of the Department of Social Services (DSS). Recently,
City Council inquired as to the status of our cost avoidance efforts with DSS, and I am
pleased to provide you this update on the work Mr. Wilson has done for DSS. I also want
to advise you of some new issues facing DSS and its legal representative.
In the April 21 report, I discussed an interjurisdictional dispute as to responsibility for
services and the significant cost savings to the City of Roanoke in keeping that child out of
foster care in Roanoke City. I am happy to report that Mr. Wilson has continued to
successfully defend against efforts of other localities to dump their responsibilities on the
City. For example, in October, 1996, a seven-year-old child was placed with his
grandmother who lives several counties away from Roanoke. The child had been removed
from his mother's care when she was arrested here in Roanoke. On June 24, 1997, the
grandmother filed a motion with the Roanoke City Juvenile and Domestic Relations District
Court asking to be relieved of custody of the child. Apparently, the child has severe
emotional and psychological problems and was in need of a long-term residential placement.
Mr. Wilson was able to get the case transferred to the county where the grandmother resides.
This child would have been placed in custody of our DSS had the case not been transferred
to the other locality. By not having this child in Roanoke City foster care, the City has saved
$90,181.72 annually, based on the child's current placement. It is believed that this child will
spend the rest of his life in some type of institutional placement. If he remains in foster care
until his eighteenth birthday, the projected cost of his care is one million dollars over the next
eleven years.
The Honorable Mayor and Members
of City Council
December 15, 1997
The cost avoidance and better advocacy for DSS provided by Mr. Wilson is
invaluable. Attached to this report is a matrix prepared by DSS that illustrates the cost
savings realized through Mr. Wilson's representation of DSS. The cost avoidance in a
particular case is easy to identify. There are, however, even greater cost savings to the City
which cannot be measured. We will never be able to tell the number of cases which are not
"dumped" in Roanoke City because DSS is now prepared to vigorously defend against such
efforts.
The need for more intensive representation of DSS has grown since City Council
created the half-time position now held by Mr. Wilson. In March, 1995, the Chief Justice of
the Supreme Court of Virginia appointed the Advisory Committee for the Virginia Court
Improvement Program --Foster Care and Adoption. The Committee was charged with
providing policy guidance to the persons conducting the assessment and for implementing
the recommended improvements of foster care and adoption in Virginia. One of our local
judges, the Honorable Philip Trompeter, was a member of the Committee. Many of the
legislative changes proposed by the Committee were passed by the General Assembly
effective July 1, 1997. The primary focus of the legislative changes was shortening the
length of time children spend in foster care, while increasing parental involvement in the
process. The result of these change is more court hearings for DSS. There is the potential
increase of three hearings per foster care case.
The impact of the required additional hearings will be particularly significant in our
City. I will share some figures with you to illustrate the potential impact these changes will
have on our DSS. As of June 30, 1997, there were 310 children or 15 per 1,000 in foster care
in the City of Roanoke. By comparison, Roanoke County had only 27 or 1 per 1,000
children in foster care. Faiffax County had 717 or 3 per 1,000 children in foster care. The
City of Roanoke had 28 percent of the children in foster care in the State DSS Piedmont
Region, an area which includes 23 counties and 11 independent cities.
The Advisory Committee found that in a majority of juvenile courts attorneys do not
actively represent social services until the termination of parental fights hearings. The
Committee stated "[t]he practice of delaying agency legal representation appears to place the
social services workers in the difficult and unfair position of providing their own legal
representation with no legal training or adequate familiarity with statutes and court rules."
The Committee decided that it is critical that DSS workers have legal counsel from the point
a worker files the initial petition to remove a child until return home or termination of
parental rights. The Committee said "[s]ocial services workers should not be expected to
The Honorable Mayor and Members
of City Council
December 15, 1997
carry the burden of making important clinical assessments and decisions while undertaking
corresponding legal actions without the assistance of an attorney."
Mr. Wilson is clearly filling a void in legal services for DSS. It is clear that DSS and
the City are reaping the benefits of Mr. Wilson's work. However, it is also clear that the
changes in the law will only create a higher demand for legal services. This Office looks
forward to continuing to provide quality legal service to DSS.
Thank you for the opportunity to provide this information on the continued success
of our new Assistant City Attorney. I also wish to thank the City Manager, Director of
Human Development and Superintendent of Social Services for their continued support of
this position. Mr. Wilson and I will be pleased to address any questions Council may have
with respect to this matter.
With kindest personal regards, I am
Sincerely yours,
Wilbum C. Dibling, Jr.
City Attorney
WCD/f
Attachment
CC
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Allen T. Wilson, Assistant City Attorney
HScouncil~L-hmrepr. 1
SUMMARY OF ACTIVITY
ASSISTANT CITY ATTORNEY
DEPARTMENT OF SOCIAL SERVICES
10 MONTHS
TYPE OF CASE
Termination of Parental Rights
Successful terminations 17
pending 9
lost 1
*Custody - agency request for
custody change or to maintain
custody to protect at-risk
children
*Appeal of Foster Care
commitment
Jurisdictional Disputes
Relief of Custody (not
required for child to receive
service)
Inappropriate referrals from
CSU
*Adult Protective
Services/guardianship
TOTAL
NO. OF CHILDREN/
ELDERLY
27
19
3
2
59
PROJECTED
COST SAVINGS
$72,000 per year
$120,000 per year
$98,400 per year
$184,320 per year
$474,720 projected annual savings
*Cost saving information is not available for these categories of cases as they relate more to
protection issues with at-risk children and the elderly.
H: ~ZSC\DSSSU~f. ~.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 240t 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1997
File # 24-83-137
The Honorable William White, Sr., Chair
Legislative Committee
Roanoke, Virginia
Dear Mr. White:
I am attaching copy of Resolution No. 33678-121597, authorizing an amendment to the
contract between the City and Thomas A. Dick relating to legislative liaison services, said-
contract shall not exceed $32,000.00 plus out of pocket expenses for calendar year 1998.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
Thomas A. Dick, Legislative Liaison, 2227 Early Settlers Road, Richmond, Virginia
23235
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
H:~,GENDA.gTU3ECl 5,WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33678-121597.
A RESOLUTION authorizing an amendment to the Contract between the City and
Thomas A. Dick relating to legislative liaison services.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Contract between the City and Thomas A. Dick, dated January 7, 1997,
relating to the provision of legislative services to the City by Mr. Dick shall be amended to
provide that Mr. Dick shall work not to exceed 160 hours during any short Session of the
General Assembly and not to exceed 180 hours during any long Session of the General
Assembly; between Sessions of the General Assembly, Mr. Dick shall be authorized to work
not to exceed 80 hours on behalf of the City.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized, for and on behalf of the City, to execute and attest, respectively, an Amendment
to the agreement between the City and Thomas A. Dick extending such an agreement on a
the basis authorized by Section 1 of this resolution.
3. The amount of the Contract authorized by this resolution shall not exceed
$32,000 plus out-of-pocket expenses for calendar year 1998.
Attorney.
The form of the Contract with Mr. Dick shall be approved by the City
ATTEST:
City Clerk.
CITY OF ROANOKE
t ~.~..~ i~i ~ C IT Y C O U NC IL
/ 215 Church Avenue, S.W., Room 456
,,~;:~ . Roanoke, Virginia 24011-1536
~ :~5/ Telephone: (540) 853-2541
Fax: (540) 853-1145
DAVID A. BOWERS
Mayor
December 15, 1997
RECEIVED
CITY C..,..,,,.
'97 [~0 11 /t9:1 7
Council Members:
C. Nelson Harris
John H. Parrott
Carroll E. Swain
James O. Trout
William White, Sr.
Linda F. Wyatt
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Legislative Liaison
Dear Mayor Bowers and Council Members:
Approximately one year ago on January 6, the Legislative Committee recommended
to City Council that the City retain the services of a Legislative Liaison for the first time.
City Council agreed with the recommendation of the Legislative Committee and authorized
a contract with Thomas A. Dick, an experienced legislative liaison from Richmond. During
the 1997 short Session of the General Assembly, Mr. Dick reviewed the more than 2500 bills
introduced to identify those that significantly impact on the City and its operation; advocated
the legislative interests of the City; and provided a weekly written report pertaining to the
status of legislative matters pertaining to the City. Since the Session, he has monitored
legislative matters of interest to the City, and, more recently, he has been engaged in drafting
of the City's Legislative Program for the 1998 Session. From all reports, it appears that Mr.
Dick has established a good working relationship with members of the General Assembly
and has been a very effective advocate for the City.
The contract between the City and Mr. Dick authorized by City Council a year ago,
places a cap on the number of hours for which Mr. Dick may be compensated during each
calendar year. During a year when there is a short Session of the General Assembly, he is
authorized to work 100 hours during the Session and 70 hours between Sessions. During
a long Session year, he is authorized to work 120 hours during the Session and again 70
hours between Sessions. Based on our experience of one year, it has become apparent that
the number of hours for which Mr. Dick may be compensated is not adequate to meet the
legislative needs of the City. At the 1997 Session, Mr. Dick performed 160 hours of work
on behalf of the City, but billed the City for only 100 hours. While the City appreciates Mr.
Dick's contribution, he cannot be expected to continue to donate his time.
H:\LEGIS\L-}~LIAI.I
The Honorable Mayor and Members
of City Council
December 15, 1997
Page 2
To meet the legislative needs of the City, the Legislative Committee recommends that
Mr. Dick's contract be extended for the next calendar year with a modest increase in the
number of hours for which he will be compensated. It is recommended that for a short
Session, the number of hours worked during the Session be increased from 100 to 160 hours.
During a long Session, it is recommended that the number of hours be increased from 120
to 180 hours. Between Sessions, it is recommended that the number of hours to be worked
by Mr. Dick be increased from 70 to 80 hours. The total cost of legislative services to the
City during 1997 will be approximately $23,500. With the recommended increase in hours,
the City will incur a cost for legislative services of approximately $33,500.
The Legislative Committee recommends adoption of the attached resolution which
will authorize amendment of the contract with Mr. Dick to provide for the additional hours
recommended.
WW:f
Attachment
cc: W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk
Thomas A. Dick, Legislative Liaison
Respectfully submitted,
William White, Sr., Chairman
Legislative Committee
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
December 18, 1997
File ~7-256
SANDRA H. EAKIN
Deputy City Clerk
Gary H. Rudd, President
Virginia Gunite, Incorporated
Post Office Box 6336
Roanoke, Virginia 24017
Dear Mr. Rudd:
I am enclosing copy of Resolution No. 33679-121597, rejecting all bids for remodeling and
upgrading the municipal swimming pools at Washington Park and Fallon Park. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, December 15, 1997.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
Delores C Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
H:~AGENDA.9'~DECl 5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33679-121597.
A RESOLUTION rejecting all bids for the remodeling and upgrading of the municipal
swimming pools at Washington Park and Fallon Park..
BE IT RESOLVED by the Council of the City of Roanoke that:
1. All bids received by the City for the remodeling and upgrading of the municipal
swimming pools at Washington Park and Fallon Park, are hereby REJECTED.
2. The City Clerk is directed to notify all bidders and to express to each the City's
appreciation for said bids.
3. The City Manager is authorized to make any changes in the scope of the project or
the procurement documents deemed advisable and to cause the revised project to be readvertised for
bids.
ATTEST:
City Clerk.
RECEIVED
CITY CLEEF, g nFFi[:i-
'97 DEl?-9 Atl :37
December 15, 1997
Council Report No. 97-191
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
WRH/LBC/kh
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, Parks and Recreation
'December 15, 1997
Council Report No. 97-191
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
ctfully su/b~itted,
/ J~hn I-~. ~arrot~, Chairman
Carroll E. SwaJ
William F. Clark
JHP/LBC/kh
Attachment: Bid Committee Report
C:
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, Parks and Recreation
December 15, 1997
Council Report No. 97-191
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
Backoround 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 Thursday,
September 11, 1997.
Virqinia Gunite Incorgorated, P.0. Box 6336, Roanoke, Virqinia, 24017.
submitted the 10w bid in the amount of $224,000 for Bid Item No. 1 and
$5,500 for Bid Item No. 3. Work to be completed in 180 consecutive calendar
days.
C. Pro!ect consists of the following:
For several years now the Parks and Recreation Department has been
having difficulty keeoing the pool water clear. This is due to the pool
loading (number of people in the pool) and the 1976 design requirement
of an eight (8) hour maximum filter rate.
The Citv EnqineerinQ Deoartment redesigned the supply and return
circulating system to provide a six (6) hour filter rate. The work consists
of the following:
a. Bid Item No. 1:
Provide more water circulation by additional pool water supply
(inlets) and return (skimmer) fittings. Additional piping, larger
circulation pumps and related electrical work, additional pool
equipment, exhaust, and other related items. Bid Price of
$224,000.
b. Bid Item No. 2:
New interior P001 finish: Ceramic tile to below water line, new
interior finish of white marble dust, lime and white cement from
tile down walls and over pools. Bid Price of $70.000.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
December 15, 1997
Page 2
c. Bid Item No. 3:
Replace four (4) large electric water heaters with one (1) quick
recovery gas-fired water heater at each pool. This has a cost
recovery time of one and one-half swimming seasons. Bid Price
of $5,500.
Total of Bid Item Nos. 1 and $ is $229,500, which is within the
estimated cost and the available project funding.
II.
Current situation is as follows:
After careful consideration bv the Parks and R~¢reati0n Department of the plans
and specifications, it has been decided tQ revise the contract documents and
rebid the Dro!ect.
III.
Issues
A.
in order of importance are as follows:
Comoliance of the bidder with the requirements of the contract documents for
bidding
Amount of the bid
Funding
Time of completion
IV.
Alternatives in order of feasibility are as follows:
A. Reiect the one bid received, redesign the project, and rebid.
Compliance of the bidder with the requirements of the contract
d0cument8 fQr bidding was met; however, the Parks and Recreation
Department has requested major changes to the contract documents as
bid. It would be better to revise the contract documents and rebid.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
December 15, 1997
Page 3
Bo
Amount of the bid may increase when rebid with the revised contract
documents.
3. Fundino will not be encumbered at this time.
4. Time of completion will be extended for a season.
Award a lump sum ¢0ntract to Virainia Gunite Incorporated. for Bid Item Nos.
1 and $ in the amount of $229,500 and 180 consecutive calender days for the
work at Washington and Fallon Parks in accordance with the contract
documents as prepared by the Office of the City Engineer.
1. Compliance of the bidder with the reauirements of the contract
documents for biddino was met.
Amount of the Iow bid is acceptable. It is within the estimated cost of
the contract. Five (5) contract firms asked for and received contract
documents for this project. Only two of these firms attended the prebid
meeting, and only one submitted a bid. The bids received for Item Nos.
1 and 3 are within the estimated cost of the project. Item No. 2 was
added in the hope of a lower bid. This work can be done later.
However, the Parks and Recreation Department is not satisfied with the
scope of the present contract documents and has requested the
documents be changed and rebid.
3. Funding is available for the one bid received.
Time of completion of 180 consecutive calendar days would permit
completion before Memorial Day when the pools are scheduled to
reopen.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
A. Authorize the City M~naoer to re!ect the bid of Virginia Gunite Incorporated in
order to revise the contract documents as requested by the Parks and
Recreation Department and readvertise.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
December 15, 1997
Page 4
LBC/kh
Attachment: Bid Tabulation
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Parks and Recreation
TABULATION OF BIDS
REMODEL AND UPGRADE
MUNICIPAL SWIMMING POOLS
WASHINGTON AND FALLON PARKS
PARKS AND RECREATION DEPARTMENT
BID NO. 97-7-52
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Thursday,
September 11, 1997, at 2:00 p.m.
COMPLETION
BIDDER BID ITEM NO. I BID ITEM NO. 2 BID ITEM NO. 3 BOND TIME
Virginia Gunite $224,000 $70,000 $5,500 Yes 180 days
Incorporated
Estimated Cost: $230,000 to $240.000 (Bid Item Nos. 1 and 3)
Contractors Receiving Plans:
Aquatic Concepts*
Douglas Aquatics
Neptune-Benson
Paddock Swimming Pools
Virginia Gunite, Inc.*
*Attended prebid conference
Office of the City Engineer
Roanoke, Virginia
Dec~.mber 15, 1997
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
December 19, 1997
File #70-192
SANDRA H. EAKIN
Deputy City Clerk
Gary W. Jarrell, Branch Manager
Capitol Boiler Works, Inc.
707 Kessler Mill Road
Salem, Virginia 24153
Gary H. Hamilton, Account Executive
Johnson Controls, Inc.
2630 Broadway, S. W.
Roanoke, Virginia 24014
Jess Newbern, III, President
Newbern Building Services, Inc.
2343 Highland Farm Road, N. W.
Roanoke, Virginia 24019
Woodford M. Flowers, President
Varney Electric Company, Inc.
1701 Shenandoah Avenue, N. W.
Roanoke, Virginia 24017
Wayne Verlander, Systems Account
Executive
Honeywell, Inc.
8975 Three Chopt Road
Richmond, Virginia 23229
Gentlemen:
I am enclosing copy of Ordinance No. 33681-121597, accepting the bid of Landis &
Staefa, Inc., for new fire alarm and temperature controls and related work at the Roanoke
Civic Center, upon certain terms and conditions, in the amount of $624,888.00, 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, December 15, 1997.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
H:~AGENDA.g'/1DECl 5.WPO
Gary W. Jarrell
Jess Newbem, III
Gary H. Hamilton
Woodford M. Flowers
Wayne Verlander
December 19, 1997
Page 2
MFP:Io
Enclosure
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
H:~AGENDA.9'~DECI 5.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33680-121597.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Aooropriations
Capital Improvement Reserve $ 4,058,082
Public Improvement Bonds - Series 1996 (1) .................... 8,114,321
General Government $ 13,113,226
Clean/Restore Civic Center (2) .............................. 95,000
Other Infrastructure $ 8,841,151
Replace Fire & Temperature Control (3) ....................... 704,500
1) Buildings
2) Appropriated from
Bond Funds
3) Appropriated from
Bond Funds
(008-052-9701-9183)
(008-052-9625-9001)
(008-056-9655-9001)
$ (624,500)
(5,000)
629,500
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 19, 1997
File #70-192-60
SANDRA H. EAKIN
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33680-121597, amending and reordaining certain
sections of the 1997-98 Capital Projects Fund Appropriations by transferring $624,500.00
from 1996 Public Improvement Bond Issue to Replace Fire and Temperature Controls, in-
connection with award of a contract to Landis & Staefa, Inc., for replacement of fire alarms
and temperature controls at the Roanoke Civic Center. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting which was held
on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
William F. Clark, Director of 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, Office of Supply Management
The Honorable Marsha Compton-Fielder, Commissioner of the Revenue
James M. Evans, Manager, Roanoke Civic Center
H:~AGENDA.97~:)C-Cl 5.WPD
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 19, 1997
File #70-192
SANDRA H. EAKIN
Deputy City Clerk
Joe Waldin, Sales Engineer
Landis & Staefa, Inc.
1255 B Trapper Circle, N. W.
Roanoke, Virginia 24012
Dear Mr. Waldin:
I am enclosing copy of Ordinance No. 33681-121597, accepting the bid of Landis &.
Staefa, Inc., for new fire alarm and temperature controls and related work at the Roanoke
Civic Center, upon certain terms and conditions, in the amount of $624,888.00, 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, December 15, 1997.
Sincerely,
Mary F. Parker,
City Clerk
MFP:Io
Enclosure
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of 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:~GENDA.97~Cl 5,WPO
Joe Waldin
December 19, 1997
Page 2
pc:
Ellen S. Evans, Construction Cost Technician
Diane S. Akers, Budget Administrator, Office of Management and Budget
D. Darwin Roupe, Manager, Office of Supply Management
The Honorable Marsha Compton-Fielder, Commissioner of the Revenue
James M. Evans, Manager, Roanoke Civic Center
H:~AGENDA.gT~D~CIS.WPO
REgEI~' E[} ~r~?
tl~'f gLEi~'!~'~ OFF ......
10 A
December 15, 1997
Council Report No. 97-198
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CiViC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
W. Robert Herbert
City Manager
WRH/LBC/kh
Attachment: Bid Committee Report
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
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Civic Center
Honorable Mayor and Members of City Council
Roanoke, Virginia
December 15, 1997
Council Report No. 97-198
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
Jo~;)/H. Parr~tt; Chairman
Carroll E. Swain//
Kit B. Kiser
William F. Clark
JHP/LBC/kh
Attachment: Bid Committee Report
C;
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
Manager, Civic Center
December 15, 1997
Council Report No. 97-198
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
ROANOKE CiViC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
Backoround on the subject in chronological order is as follows:
Followino proper advertisement, bids were publicly opened and read aloud by
D. Darwin Roupe, Manager, Office of Supply Management, on November 13,
1997.
Six (6) bids were received with Landis & Staefa, In¢., submitting the Iow bid in
the amount of ~624,888. A time of 120 consecutive calendar days was
specified for the work covered by this contract. There are no exceptions to the
contract documents.
C. Pro!ect consists of the following:
A complete intearated fire alarm system that meets present code
requirements will be provided and installed. This replaces the original
system installed over 25 years ago.
A Direct Digital Temperature Control (DDC) System will be provided and
installed. The DDC shall be comprised of a network of various
independent, stand alone digital controllers, together with centralized
control stations and centralized host stations to provide centralized
access and facility-wide control functions. The DDC will receive
commands from the integrated fire alarm systems and will respond to
those commands; close dampers in case of fire, cut off fans, etc.
II.
Current situatign is as follows:
The bid as submitted comDlie$ with the reauirements for bidding, and the City's
Consultant, Whitescarver, Hurd and Obenchain, Inc., 4932 Frontage Road,
N.W., Roanoke, Virginia 24019, has recommended the acceptance of the bid.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
December 15, 1997
Page 2
III.
Issues
A.
in order of importance are as follows:
Compliance of the bidder with the reouirements of the contract document~ for
bidding.
Amount of the Iow bid
Funding
Time of completion
IV.
Alternatives in order of feasibility are as follows:
Award a lump sum contract to Landis & Staefa, Inc., in the amount of
$624.888 and 120 consecutive calendar days construction timo, in accordance
with the contract documents as prepared by Whitescarver, Hurd and Obenchain,
Inc., COnsulting Engineers.
1. Compliance of the bidder with the reouirements of the contra(;t
documents for bidding was met.
2. Amount of the 10w bid is acceptable.
Funding for this project of $629,500 is available in 1996 Public
Improvement Bonds - buildings account number 008-052-9701-9183 in
the amount of $624,500 and Clean/Restore Civic Center Exterior
account number 008-052-9625-9001 in the amount of $5,000.
Contract Amount $624,888
Contingency 4,612
Total $629.500
4. Time of completion is 120 consecutive calendar days, which is
acceptable.
B. Re!ect the bids and do not award a contract at this time.
Comoliance of the bidder with the reouirements of the contract
documents for bidding would not be an issue.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
December 15, 1997
Page 3
Amount of th~ I~w bid would probably increase if rebid at a later date.
This project was bid originally on July 21, 1997, and rejected because
of substantial exceptions taken to the contract documents. The Iow bid
at that time was $598.888.
Funding would not be encumbered at this time.
Time of comoleti~n would be extended.
Recommendation is as follows:
City Council concur in alternative "A" and take the following action:
Transfer funding of $624,500 from the 1996 Public Improvement Bond Issue
to an existing account entitled Replace Fire & Temperature Controls, account
number 008-056-9655-9001. Transfer $5,000 from the Clean/Restore Civic
Center Exterior account number 008-052-9625-9001 to the same account.
Contract Amount $624,888
Contingency 4.612
Total 9629.500
Authorize the City Manaoer to enter into a contractual agreement, in form
approved by the City Attorney, with Landis & Staefa. Inc., for new fire alarm
and temperature controls and related work at the Roanoke Civic Center in the
amount of $624.888 and 120 consecutive calendar days, in accordance with
the contract documents as prepared by Whitescarver, Hurd and Obenchain, Inc.,
Consulting Engineers.
Encumber the sum of 9624.888 in a Capital account for this project.
Re!ect the other bids received.
LBC/kh
Attachment:
Bid Tabulation
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
ROANOKE CIVIC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
December 1§, 1997
Page 4
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
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
Manager, Civic Center
TABULATION OF BIDS
ROANOKE CiViC CENTER
REPLACE FIRE ALARM AND TEMPERATURE CONTROLS
BID NO. 97-10-12
Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Thursday,
November 13, 1997, at 2:00 p.m.
BIDDER LUMP SUM TIME (DAYS) BOND
Landis & Staefa, Inc. $624,888 120' Yes
Capitol Boiler Works 649,534 Yes
Johnson Controls 659,700 Yes
Newbern-Trane 720,479 Yes
Varney Electric Co., Inc. 891,000 Yes
Honeywell, Inc. 954,700 Yes
*The 120 consecutive calendar days is a specified time of construction.
Estimated Cost: ~625,000
Whitescarver, Hurd and Obenchain, Inc.
Consulting Engineers
Roanoke, Virginia
Office of the City Engineer
Roanoke, Virginia
December 1, 1997
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
December 19, 1997
File #323-60
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33682-121597, amending and reordaining certain
sections of the 1997-98 General and Capital Projects Fund Appropriations, to provide for;
appropriation of $119,300.00 from General Fund Reserved for CMERP to Transfer to
Capital Projects Fund, Main Library Roof Repair and Asbestos Abatement, in connection
with award of a contract to Consolidated Industrial Roofing, Inc., for asbestos abatement
and reroofing for the Roanoke City Public Library. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting which was held on
Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliff, Director, Human Development
William F. Clark, Director, Public Works
H:~,GENOA.~?~EC15.WPO
James D. Grisso
December 19, 1997
Page 2
pc:
Delores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Beverly A. James, City Librarian
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Ellen S. Evans, Construction Cost Technician
H:~AGENDA.gT~DEC1 $.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33682-121597.
AN ORDINANCE to amend and reordain certain sections of the 1997-98 General
and 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 1997-98 General and Capital Projects Fund Appropriations, be, and
the same are hereby, amended and reordained to read as follows, in part:
GeneralFund
Nondepartmental
Transfer to Other Funds (1).
Fund Balance
$56,760,541
55,978,162
Reserved for CMERP - City
~Ca~ital Proiects Fun~ '
(2) ............................. $
5,160,676
Recreation
Main Library Roof Repair and Asbestos Abatement (3) ...........
1) Transfer to Capital
Projects Fund (001-004-9310-9508) $ 119,300
2) Reserved for
CMERP-City (001-3323)
3) Appropriated from (119,300)
Bond Funds (008-052-9624-9001) 119,300
781,075
119,300
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
MARY F. PARKER, CMC/AAE
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
December 19, 1997
File #323
SANDRA H. EAKIN
Deputy City Clerk
Walter O. McCulley, President
Consolidated Industrial Roofing, Inc.
2011 Cook Drive
Salem, Virginia 24153
Dear Mr. McCulley:
I am enclosing copy of Ordinance No. 33683-121597, allowing the withdrawal of a bid
submitted by Woodward West; accepting the bid of Consolidated Industrial Roofing, Inc.,
for asbestos abatement and reroofing portions of the existing Roanoke City Public Library
(Main Library), upon certain terms and conditions, in the total amount of $100,155.00, 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, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
pc;
Tracy Walker, Estimator, Woodward West, 2223 Crystal Spring Avenue, S. W.,
Roanoke, Virginia 24014
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
William F. Clark, Director of Public Works
H:~AGENOA,97~DEC15.WPD
Walter O. McCulley
December 19, 1997
Page 2
pc:
Delores C Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Beverly A. James, City Librarian
D. Darwin Roupe, Manager, Office of Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
Ellen S. Evans, Construction Cost Technician
H:~AGENDA.0'/ID~-C15.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 2401 l- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 19, 1997
File #323
SANDRA H. EAKIN
Deputy City Clerk
Brent L. Rodes, Vice President
Administration
Shen Valley Roofing, Inc.
112 Meigs Lane
Dayton, Virginia 22821
Thomas R. Rose, Estimator
John T. Morgan Sheet Metal Co., Inc.
1620 Sixth Street, N. E.
Roanoke, Virginia 24012
Joseph P. Burmer, Jr., President
Frye Roofing, Inc.
1217 Bluefield Avenue
Bluefield, West Virginia 24701
Tracy Walker, Estimator
Woodward West
2223 Crystal Springs Avenue, S. W.
Roanoke, Virginia 24014
Gentlemen and Madam:
I am enclosing copy of Ordinance No. 33683-121597, allowing the withdrawal of a bid
submitted by Woodward West; accepting the bid of Consolidated Industrial Roofing, Inc.,
for asbestos abatement and reroofing portions of the existing Roanoke City Public Library
(Main Library), upon certain terms and conditions, in the total amount of $100,155.00, 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, December 15, 1997.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
H:~AGENDA.97~DECl 5.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33683-121597.
AN ORDINANCE allowing the withdrawal of a bid by Woodward West; accepting the bid
of Consolidated Industrial Roofing, Inc. for asbestos abatement and reroofing portions of the existing
Roanoke City Public Library (Main Library), upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite contract for such work;
rejecting aH 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 request of Woodward West to withdraw its bid for asbestos abatement and
reroofing portions of the Roanoke City Public Library (Main Library) due to an unintentional
arithmetic error or omission is hereby granted and the said bid is deemed withdrawn.
2. The bid of Consolidated Industrial Roofing, Inc. in the total amount of $100,155
(which includes the Base Bid and Additive Bid No. 2) for asbestos abatement and reroofing portions
of the existing Roanoke City Public Library (Main Library), as is more particularly set forth in the
City Manager's report dated December 15, 1997, to this Council, such bid being in full compliance
with the City% 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.
3. 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.
4. 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.
5. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shah be in full force and effect upon its passage.
ATTEST:
City Clerk.
A report of the bid committee recommending award of a contract to Consolidated
Industrial Roofing, Inc., in the amount of $100,155.00, for asbestos abatement and
reroofing for the Roanoke City (Main) Public Library. Council Member John H.
Parrott, Chairperson.
COPIES:
Communication
Report
Petition
Ordinance
Resolution
Other
COPIES SENT TO:
RECE)'¢£D
'97 DE010 A9:27
December 15, 1997
Council Report No. 97-200
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
Project Number 13-97A
Bid Number 97-08-25
I concur with the Bid Committee recommendation relative to the
recommend it to you for appropriate action.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/CMA/ca
Attachment: Bid Committee Report
CC:
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
City Librarian
Manager, Supply Management
Project Manager
Budget Administrator
Construction Cost Technician
above project and
December 15, 1997
Council Report No. 97-200
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
Project Number 13-97A
Bid Number 97-08-25
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
ott, CI
J~(h~4 ~1. Parr ~fairman
Cari°l~
William F. Clark
WW/CMA/ca
Attachment: Bid Committee Report
CC:
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
City Librarian
Manager, Supply Management
Project Manager
Budget Administrator
Construction Cost Technician
December 15, 1997
Council Report No. 97-200
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
SUBJECT:
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
Project Number 13-97A
Bid Number 97-08-25
II.
Background on the subject in chronological order is as follows:
Roofs at Main (Central) Library Building have been the source of numerous leaks.
With exception of three small areas reroofed last year, the warranties on the
remaining roof areas have all expired. Building Maintenance Department has made
every effort to isolate and repair leaks, however, existing roofing systems need to
be replaced.
Funding for reroofin,q of build n.q was set aside under Capital Maintenance and
Equipment Replacement Program (CMERP) for fiscal year 1996-1997. (A total of
$119,300.00 was allocated for actual roofing work.)
Roofing consultant, HDH Associates, P.C., 872 West Salem Plaza, Salem, Vir.q nia
24153, was retained in July 1997 by Office of City Engineer to provide design, bid
assistance and construction administration services.
Current Situation:
Invitation to bid for asbestos abatement and reroofin.q proiect was advertised in
Roanoke Times on October 19, 1997 and in Roanoke Tribune on October 23, 1997.
Based on consultant's recommendations and preliminary cost estimate, proiect
was broken down into Base Bid, Additive Bid Item No. 1 and Additive Bid Item
No. 2. Base Bid included abatement of asbestos on one roof area and reroofing
and repairs to five (5) other roof areas; Additive Bid No. I to provide flashing
repairs, provide new metal coping for parapet wall, and to replace existing steel
guard rail with new aluminum rail along "terrace" area; and Additive Bid No. 2
to reroof two other smaller roof areas.
2. A non-mandatory pre-bid conference was held on October 28, 1997.
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
December 15, 1997
Page 2
Five (5) bids for abatement and reroofinq work were publicly opened and read aloud
before the Manager of Supply Management on November 5, 1997. Bids were
submitted from following Bidders:
Consolidated Industrial Roofing, Inc.
Frye Roofing, Inc.
John T. Morgan Sheet Metal Co., Inc.
Shen Valley Roofing, Inc.
Woodard West
Salem, Virginia
Bluefield, West Virginia
Roanoke, Virginia
Dayton, Virginia
Roanoke, Virginia
Lowest bid, submitted by Woodward West, was requested to be withdrawn
due to an unintentional arithmetic error or omission (see attached Bid Tabulation
sheet), which was confirmed by documents submitted by Woodward-West.
Consolidated Industrial Roofing, Inc., 2011 Cook Drive, Salem, Virginia 24153,
submitted the next lowest responsive and responsible bid in the amount of
$87,035.00 for Base Bid, $3§,960.00 for Additive Bid No. 1, and $13,120.00
for Additive Bid No. 2.
3. Based on available funding, decision was made to only accept Base Bid and
Additive Bid Item No. 2.
4. Completion time of 117 consecutive calendar days was established by City in
Bid Form (96 days for Base Bid and 21 days for Additive Bid No. 2).
Given that roofinq work is highly specialized and the quality of installation of great
concern, the Office of City Engineer recommends retaining roofing consultant, HDH
Associates, P.C., to provide one site visit ("quality assurance observation") per
week during course of roof installation work. Additional site visits will be provided
at the rate of $360.00 per day over the anticipated 17 week schedule (total cost
$6,120.00).
III. Issues in order of importance are as follows:
A. Compliance of bidders with the requirements of the contract documents.
B. Total amount of the Iow bids.
C. Funding for the project.
D. Time of completion.
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
December 15, 1997
Page 3
IV. Alternatives in order of feasibility are as follows:
A. Grant the request of Woodward-West to withdraw it's bid.
Award a contract for asbestos abatement and reroofinq to Consolidated Industrial
Roofing, Inc., in accordance with Base Bid and Additive Bid No. 2 as stipulated in
contract documents.
1. Compliance of bidders with the requirements of the contract documents is
satisfied.
2. Total amount of the Base Bid and Additive Bid No. 2 is within budget.
3. Fundinq for both projects was identified under 1996-1997 Capital Maintenance
& Equipment Replacement Program (CMERP).
4. Time of completion for asbestos abatement and reroofing work is established
at 119 days.
C. Reject all bids and do not award a contract at this time.
1. Compliance of the bidders with the requirements of the contract documents
would not be satisfied; needed roofing work would be further delayed.
2. Amount to execute this work will in all likelihood increase if rebid at a later
date.
3. Funding would not be encumbered at this time.
4. Time to complete the project would be extended.
Recommendation is as follows:
City Council concur with Alternatives A and B, and take the following action:
A. Grant the request of Woodward-West to withdraw it's bid.
Authorize the City Mana.qer to enter into a contractual a.qreement, in a form
acceptable to the City Attorney, with Consolidated Industrial Roofing, Inc., in the
amount of $100,155.00 (which includes the Base Bid and Additive Bid No. 2) and
BID COMMITTEE REPORT
ROOF REPAIR/REPLACEMENT AND ASBESTOS ABATEMENT
ROANOKE CITY (MAIN) PUBLIC LIBRARY
December 15, 1997
Page 4
one hundred seventeen (117) consecutive calendar days to abate asbestos and to
reroof portions of the existing library building in accordance with the contract
documents.
Authorize the Director of Finance to appropriate $119,300.00 from General Fund
Reserved for CMERP to Transfer to Capital Projects Fund Account 001-004-9310-
9508. Also appropriate the same in a Capital Fund account entitled
"Roof/Repair/Replacement and Asbestos Abatement, Main Library Building" to be
established by the Director of Finance. The breakdown shown below includes the
cost of advertising the project for bids, the cost of reproducing bid documents, the
cost to extend by change order the services required of consultant for additional site
visits, and for a contract contingency to cover additional roofing work that might
result from conditions unforeseen at time project was designed.
Contract Amount
Advertising
Reproduction Expenses
Quality Assurance Services
Contingency
Total
100,155.00
250.00
750.00
6,120.00
12,025.00
119,300.00
D. Reject all other bids received.
CMA/ca
Attachment: Bid Tabulation
CC:
City Attorney
City Clerk
Director of Finance
Director of Human Development
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
City Librarian
Manager, Supply Management
Project Manager
Budget Administrator
Construction Cost Technician
BID TABULATION
ROOF REPAIR/REPLA CEMENT AND ASBESTOS ABA TEMENT
ROANOKE CITY PUBLIC LIBRARY
706 Jefferson Street
Roanoke, Vir~qinia
PROJECT NUMBER 13-97A
BID NUMBER 97-08-25
Bids Received and Opened: 2:00 p.m., Wednesday, November 5, 1997
NAME OF BIDDER BASE ADDITIVE ADDITIVE ADD. BID
BIDI~l BID NO. 1 BID NO. 2 NO. 1 BOND
Consolidated Industrial Roofing, Inc. $87,035.00 $35,960.00 $13,120.00 YES YES
Frye Roofing, Inc. $138,670.00 $2,372.00 $17,618.00 YES YES
John T. Morgan Sheet Metal Co., Inc. $96,607.00 No Bid $13,659.00 YES YES
Shen Valley Roofing, Inc. $98,582.00 $32,751.0 $11,837.00 YES YES
Woodard West~2~ $74,850.00 $147.00 $8,153.00 YES NO
Notes:
~ Estimated Construction Cost (Base Bid): $95,000
~2~ Bidder (Woodard West) withdrew it's bid because of error made in Additive Bid Item No. 1
OFFICE OF THE CITY ENGINEER
Roanoke, Virginia
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
December 19, 1997
File #24-70-188-429
SANDRA H. EAKIN
Deputy City Clerk
W. Robert Herbert
City Manager
Roanoke, Virginia
James D. Grisso
Director of Finance
Roanoke, Virginia
Gentlemen:
I am attaching copy of Ordinance No. 33669-121597, amending and reordaining
subsection (a) of § 22.1-44, Normal Service Retirement, of the Code of the City of-
Roanoke (1979), as amended, to provide retirement service credit for firefighters who were
previously employed in an emergency medical services capacity, subject to certain terms;
and conditions. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading at a regular meeting which was held on Monday, December 1,
1997, also adopted on second reading on Monday, December 15, 1997, and will be in full
force and effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Attachment
pc:
William M. Dowd, Actuary, Slabaugh, Morgan, White and Associates, ~7204 Glen
Forrest Drive, Suite 304, Richmond, Virginia 23226
The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of
Virginia
The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia
H:~AGENOA.O'/~EC15.WPO
W. Robert Herbert
James D. Grisso
December 19, 1997
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 Julian 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
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. ^lbright, Clerk, General District Court
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Bobby D. Casey, Office of the Magistrate
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
George C. Snead, Jr., Director of Public Safety
J. L. Viar, Acting Chief of Police
James Grigsby, EMS Chief
Joyce L. Sparks, Retirement Administrator
Kenneth S. Cronin, Manager, Personnel
H:~AGIENDA.gT~DECl 5.WPD
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 15th day of December, 1997.
No. 33669-121597.
AN ORDINANCE amending and reordaining subsection (a) of §22.1-44, ]~9.~l~,q_gi:E~
Retirement, of the Code of the City of Roanoke (1979), as amended, to provide retirement service
credit for firefighters who were previously employed in an emergency medical services capacity,
subject to certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the Code of the City of
Roanoke (1979), as amended, is hereby amended and reordained by amending the following
section:
§22.1-44. Normal Service Retirement,
(a) Eligibility. A member who remains an active member until his
normal retirement age shall be eligible to receive a normal retirement
benefit commencing on the first day next following the date of his
termination of employment. Normal retirement ages are:
(1) For firefighters and deputized police officers the earlier of (i)
attainment of age sixty-five (65) and five (5) years of creditable
service, or (ii) the attainment of age fifty (50) and twenty-five (25)
years of creditable service. Only service as a firefighter or deputized
police officer shall be credited to determine eligibility; provided,
however, should any firefighter or deputized police officer become
disabled for his regular duties as a firefighter or deputized police
officer as a result of an accident occurring in the line of duty or as a
result of an occupational disease and such firefighter or deputized
police officer is transferred to another position in the city service,
then such employee shall continue to accrue creditable service as a
firefighter or deputized police officer and shall remain subject to the
normal retirement age established by this subsection as if he had
remained a firefighter or deputized police officer. Any member
employed on December 1, 1997, as a firefighter who was employed
by the City in an emergency medical services capacity prior to
October 30, 1995, shall receive credit under this subpart for service
from the later of (i) July 1, 1989, or (ii) the date on which the
employee became a member working in an emergency medical
services capacity.
ATTEST:
City Clerk.
H:~SUREb'~O-22144A. I
RECEtV£D
CITY OLFR!';? rFF;:';~'
'97 NOV 24 P4:31
December 1, 1997
Council Report No. 97-412
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA
Dear Mayor Bowers and Members of Council:
Subject:
Public Safety Retirement Benefits for EMS Personnel
A. EMS
On January 1, 1985 the City of Roanoke hired the first emergency medical services
(EMS) personnel to offset the demands for emergency medical services. Those
employees were paid salary only; they did not receive any benefits.
In July, 1986 partial benefits including vacation, sick leave, holiday leave and life
insurance were extended to EMS employees. Retirement benefits were withheld
until July 1, 1989 when all full-time, regular EMS employees were granted
retirement under the general employee retirement benefits plan.
In October, 1995, all EMS employees were merged into the newly formed Fire-
EMS Department. This consolidation was done by City Administration to benefit
the City's ability to provide more efficient fire and emergency medical services. At
that time, the EMS personnel became eligible for public safety retirement benefits.
Chronoloeicai Outline:
January 1, 1985
July 1, 1986
July 1, 1989
October 30, 1995
First EMS Employees Hired
Partial Benefits Started
Full Benefits, Including Retirement
Full Public Safety Benefits Package
Public Safety Retirement Benefits
Public Safety retirement benefits differ from general employee benefits, permitting
eligible employees to retire with unreduced benefits at age 50 with a minimum of
25 years of public safety service. General employees are eligible for an unreduced
retirement benefit at age 55 with a minimum of 30 years of service.
Council Report No. 97-412
December 1, 1997
Page 2
II.
Current situation i.~:
The credible service for EMS personnel hired prior to October 30, 1995 and who
were employees of the Emergency Services Department did not count towards the
calculation of public safety retirement benefits.
Thirty-three (33) former EMS employees are affected in varying degrees by the
October, 1995 consolidation and their split retirement status:
(1)
Ten (10) employees hired on or before July, 1989 are affected most,
with 75 months credit.
(2)
Eleven (11) employees hired between July, 1989 and July, 1995 are
affected in varying degrees of months of credit.
(3)
Twelve (12) employees hired in June and July, 1995 would be least
affected, with four or five months credit.
III.
Issues in order of importance are as follows:
A. Public Safety.
B. Le_ l.
C. Customer Service.
D. Funding.
IV.
Alternatives in order of feasibility are:
City Council approve granting all former Emergency Medical Services
Department employees who were merged into the Fire-EMS Department and who
are employed on the effective date of this ordinance public safety retirement
benefits effective July 1, 1989 or employment date, if later.
Council Report No. 97-412
December 1, 1997
Page 3
e
Public Safety. The delivery of fire and emergency medical services will not
be impacted by granting this request. However, personnel who were former
employees of the EMS Department will have their benefits equalized
to other Fire-EMS department employees. During the Fire-EMS
Department consolidation, EMS employees incurred changes in their job
duties, work schedules and number of hours worked. This request will help
those employees accept the additional hours and duties as an adjustment
for those additional job requirements.
]~,.~_. City Council has the authority to grant this request. No other legal
ramifications are involved.
Customer Service. This request will not impact the delivery of Fire-EMS
services. It will, however, help the morale of those employees who receive
the same benefit as their co-workers.
Funding. There are no additional funds needed to grant this request. The
first year any affected employee will be eligible for normal public safety
retirement benefits is 2014.
City Council not authorize, the granting of public safety retirement benefits to
former EMS employees starting from their hire date or July 1, 1989 if hire date is
prior to July 1, 1989.
Public Safety. The delivery of fire or emergency medical services will not
be impacted by not granting this request. Employee morale may be
affected if this request is not granted. Former EMS employees have made
several major changes and this request will help employees accept those
changes which include additional duties as part of the Fire-EMS merger.
Legal. There are no legal issues.
Customer Service. Customer service will not be impacted.
Funding. Funding is not an issue.
Council Report No. 97-412
December 1, 1997
Page 4
Vo
Recommendation.
City Council concur with Alternative A and grant former EMS employees public
safety retirement benefits starting July 1, 1989 or employment date, if later.
WRH/JG/bss
City Attorney
City Clerk
Retirement Administrator
Director of Public Safety
Chief of Fire-EMS
Respectfully submitted,
W. Robert Iterbert
City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33670-121597.
A RESOLUTION recognizing the meritorious service rendered to the City by the
Honorable W. Alvin Hudson, Sheriff.
WHEREAS, the Honorable W. Alvin Hudson, Sheriff, will be retiring on December
31, 1997, after a distinguished career of 48 years in law enforcement;
WHEREAS, Sheriff Hudson began his law enforcement career as a patrol officer in
the Roanoke City Police Department in 1950, and rose through the ranks to the rank of
Commander in which capacity he served for 10 years;
WHEREAS, during his career with the Roanoke City Police Department, Sheriff
Hudson was closely involved in the establishment of the Roanoke City Police Academy, was
responsible for the investigation and apprehension of the perpetrators of major crimes
committed in the City and was assigned to security for Presidents John F. Kennedy, Lyndon
B. Johnson, Jimmy Carter and Richard M. Nixon;
WHEREAS, in 1977, W. Alvin Hudson was appointed Sheriff by the five Circuit
Court Judges of the TwenW-Third Judicial Circuit;
WHEREAS, at the time of his appointment, the current CiW Jail was under
construction, and Sheriff Hudson assumed responsibility for establishing policy for the new
facility, hiring new personnel and training new and existing personnel, and he handled all
these functions in exemplary fashion;
WHEREAS, in 1981, Sheriff Hudson was appointed to a State committee responsible
for the establishment of the first "minimum standards for local jails and lockups", and after
the adoption of the standards, the City Jail was the first jail in Virginia to achieve 100%
compliance with all standards;
WHEREAS, during Sheriff Hudson's tenure, the population of the City Jail rose from
162 to almost 800, and during this period he successfully led two expansions of the City Jail
to accommodate the inmate population; and
WHEREAS, Sheriff Hudson has been consulted on a regular basis by City and State
elected and administrative officers who trust and value his opinion, and he has served the
City with the utmost loyalty and devotion, displaying the highest professionalism and
competence, and, in particular, attributes of honesty, integrity, compassion, commitment,
fairness and loyalty;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the
Council adopts this means of recognizing and commending the outstanding professional
services rendered to this City and its people by the Honorable W. Alvin Hudson, Sheriff.
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
December 19, 1997
File #53-99
SANDRA H. EAKIN
Deputy City Clerk
John M. Stroud, President
Roanoke Regional Chamber of
Commerce
212 South Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Stroud:
I am enclosing copy of Resolution No. 33684-121597, expressing appreciation for the work;
of the Roanoke Regional Chamber of Commerce in support of the recent $39 Million Bond
Issue Referendum. The abovereferenced measure was adopted by the Council of the City
of Roanoke at a regular meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
H:~AGENDA.g7~DEC15.Wl30
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33684-121597.
A RESOLUTION expressing the appreciation of Council for the work of the Roanoke
Regional Chamber of Commerce in support of the recent Bond Issue Referendum.
WHEREAS, on July 21, 1997, this Council approved a $39,000,000 Bond Referendum,
subject to approval by the electorate;
WHEREAS, this Referendum was the largest in the City's history;
WHEREAS, numerous capital improvement projects involving public schools, parks, bridges,
economic development, buildings, streets and sidewalks, and storm drain improvements were included
in the bond issue;
WHEREAS, the Roanoke Regional Chamber of Commerce (Chamber).]e~d ~-a'well organized
campaign encouraging voters to support the Bond Issue;
WHEREAS, the Chamber did an excellent job of educating the voters on the need for such
Bond Issue;
WHEREAS, an overwhelming percentage of the electorate voted on November 4, 1997, to
approve the Bond Issue; and
WHEREAS, such approval was in large part, due to the efforts of the Chamber.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council commends the Roanoke Regional Chamber of Commerce for its work
on behalf of the Bond Referendum.
2. The Clerk is directed to forward a certified copy of this
President, Roanoke Regional Chamber of Commerce.
resolution to John M. Stroud,
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
December 19, 1997
File #53-467
SANDRA H. EAKIN
Deputy City Clerk
Susan Gaylor, President
Central Council PTA
2804 Kennedy Street, N. E.
Roanoke, Virginia 24012
Dear Ms. Gaylor:
I am enclosing copy of Resolution No. 33685-121597, commending the Central Council;
PTA for its efforts in support of the recent $39 million Bond Issue Referendum. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, December 15, 1997.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
Enclosure
HAAGENDA.9'~DECl 5.WPO
IN THECOUNC~LOFTHECITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33685-121597.
A RESOLUTION commending the Central Council PTA for its efforts in support of the
recent Bond Issue Referendum.
WHEREAS, on July 21, 1997, the Council of the City of Roanoke approved a $39,000,000
Bond Referendum, which was submitted for approval by the electorate;
WHEREAS, the Referendum was the largest in the City's history;
WHEREAS, the Bond Issue will fund various capital improvement projects, including
economic development projects and public school, park, bridge, building, street and sidewalk, and
storm drain improvements;
WHEREAS, the Central Council PTA provided excellent support for the Bond Referendum
through many avenues such as providing speakers at numerous meetings and distributing information
about the Bond Referendum; and
WHEREAS, the Bond Referendum was approved by an overwhelming vote of the electorate
on November 4, 1997, thanks in large part to the efforts of the Central Council PTA.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. This Council extends its sincere appreciation to the Central Council PTA for its efforts
in helping secure the voters' approval of the Bond Referendum.
2. The Clerk is directed to forward a certified copy of this resolution to Sue Gaylor,
President, Central Council PTA.
ATTEST:
City Clerk.
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 15th day of December, 1997, MICHAEL BRENNAN was
appointed as a member of the Cultural Services Committee for a term ending June 30,
1998.
Given under my hand and the Seal of the City of Roanoke this 22nd day of
December, 1997.
City Clerk
H:~AGENDA.97~EC15.WI:~)
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 15th day of December, 1997, BEN J. FINK was appointed
as a Commissioner of the City of Roanoke Redevelopment and Housing Authority for a
term ending August 31, 2001.
Given under my hand and the Seal of the City of Roanoke this 22nd day of;
December, 1997
City Clerk
H:~AGENDA. 97~3EC1 $,Wl=D
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
December 22, 1997
File # 51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Bobby Lee Willis
1104 Centre Avenue, N. W.
Roanoke, Virginia 24017
Dear Mr. Willis:
A continuation of the public hearing on your request to rezone a certain tract of land
located at 1102 Centre Avenue, N. W., identified as Official Tax No. 2112311, from LM,
Light Manufacturing District, to RS-3, Residential Single-family District, subject to certain
conditions proffered by the petitioner, was before the Council of the City of Roanoke at a
regular meeting which was held on Monday, December 15, 1997.
An ordinance which would have rezoned the property was defeated by a unanimous vote
of the Council.
Sincerely, F~i.~/~--
Mary F. Parker, CMCIAAE
City Clerk
MFP:Io
pc:
Jerry B. Ferguson, President, Ferguson Transfer & Storage Corp., Post Office Box
60220, Roanoke, Virginia 24017
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
William F. Clark, Director of Public Works
Ronald H. Miller, Building Commissioner
John R. Marlles, Chief of Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
H:~AGENOA.9'/~DECl 5.WPO
WILBURN C. DIBLING, JR.
CITY A'rFORN EY
CITY OF ROANOKE._2__:-RE c[1¥[¢
OFFICE OF CITY ATT~£RKS 0FF!C!7
464 MUNICIPAL BUILDING
215 CHURCH AVENUE. SW
ROANOKE, VIRGINIA 2401"~?595N0V 1 0 ~8:42
TELEPHONE: 5~853-243 I
FACSIMILE: 5~853-1221
E.MAIL:ci~ya~y ~ci.romo~.va.us
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
November 10, 1997
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Land Use Law
Dear Mayor Bowers and Members of Council:
At the Council meeting held on September 22, 1997, several
questions pertaining to land use law were posed, and a request was
made that this Office respond. Some of these questions were asked
in connection with the rezoning petition of Bobby Lee Willis which
I understand will be before Council again on November 17, 1997. As
always, I am pleased to assist Council in understanding the
complicated and sometimes technical aspects of this body of law.
The first issue raised related to the definition and
application of a so-called "grandfathered" use. One member of
Council expressed an interest in eliminating "grandfathered" uses.
A legal non-conforming use, or "grandfathered" use, is one which
existed as a legal use before the enactment of zoning regulations
that thereafter made such a use illegal. In essence, the law
recognizes that a person who has spent money establishing a legal
use, or who has spent money in acquiring a legal use established by
someone else, should not be subsequently deprived of his property
without payment of just compensation merely by a change in the law
which makes that same use illegal.
Section 15.1-492 of the Code of Virginia (1950), as amended
("State Code"), addresses legal non-conforming uses. At the
outset, the statute sets forth a general rule in favor of
previously established uses, or legal non-conforming uses. The
statute then specifies several conditions under which a local
zoning ordinance may nevertheless deprive the property owner of
this favored position. Specifically, the statute authorizes a
locality to permit a legal non-conforming use to continue for only
as long as (1) the original non-conforming use continues, (2) such
non-conforming use is not abandoned for more than two years, (3)
the buildings or structures are maintained in their then-structural
condition, and (4) the uses of such buildings or structures conform
to such new regulations whenever such buildings or structures are
enlarged, extended, reconstructed or structurally altered. Put
another way, the statute authorizes a locality to provide that if
any of the four conditions are not met, the right to continue a
legal non-conforming use is lost.
The Honorable Mayor and Members
of City Council
November 10, 1997
Page 2
Sections 36.1-590 through 36.1-598 of the Code of the City of
Roanoke (1979), as amended, contain provisions adopted by City
Council relating to non-conformities. It is not intended that non-
conforming uses continue forever, and, by these provisions, City
Council has exercised the maximum authority to eliminate such uses.
City Council cannot, given the constraints of City Council's
authority as set forth in the statutory conditions in §15.1-492 of
the State Code, eliminate a legal non-conforming use any sooner or
under conditions more restrictive. I believe that if City Council
attempted to do so, it may engage in a taking for which
compensation must be paid.
A specific question regarding whether a legal non-conforming
use may be maintained by illegal occupancy was also raised. As you
can see from the definition of a non-conforming use set forth
above, the use must be legal for it to constitute a non-conforming
use which is entitled to protection under the law. A use which
does not conform to the zoning ordinance, without more, is an
illegal use. Clearly, an illegal use is subject to prosecution
under the zoning ordinance.
The second area of questions posed to me related to the
definition of, and granting of, a variance. Section 15.1-430 of
the State Code defines a variance, in the application of a zoning
ordinance, as a "reasonable deviation from those provisions
regulating the size or area of a lot or parcel of land, or the
size, area, bulk or location of a building or structure, when the
strict application of the ordinance would result in unnecessary or
unreasonable hardship to the property owner, and such need for a
variance would not be shared generally by other properties, and
provided such variance is not contrary to the intended spirit and
purpose of the ordinance, and would result in substantial justice
being done." Section 15.1-495 of the State Code authorizes the
Board of Zoning Appeals (BZA) to grant variances from the terms of
a zoning ordinance. The BZA is a quasi-judicial body, and appeals
from the BZA do not come to City Council, but go straight to the
Circuit Court. Section 15.1-497 of the State Code provides that
any person aggrieved by any decision of the BZA may present to the
Circuit Court a petition, specifying the grounds on which he is
aggrieved, within thirty (30) days after the filing of the decision
by the BZA in the Office of the Board. In most cases, the hearing
before the Circuit Court is on the record and no additional
evidence is obtained.
At its September 22, 1997, meeting, City Council heard
testimony from a landowner that he had attempted to obtain a
variance from the BZA to permit him to use industrially zoned land
for residential purposes. As you can see from the definition of
variance, variances relate to physical characteristics of property
The Honorable Mayor and Members
of City Council
November 10, 1997
Page 3
(size, shape or topography). The permission sought by the
petitioner constituted a "use variance" a term which, given the
definition of variances, is an oxymoron. In fact, §15.1-430(p)
specifically states that "use variances" are illegal. Therefore,
the BZA was compelled to deny the requested variance, and the
petitioner then properly sought a rezoning as to the proposed
changes in use from industrial to residential.
The third area of inquiry from City Council to me related to
"spot zoning." "Spot Zoning" has been defined by the Virginia
Supreme Court as follows:
If the purpose of a zoning ordinance is solely to
serve the private interests of one or more landowners,
the ordinance represents an arbitrary and capricious
exercise of legislative power, constituting illegal spot
zoning; but if the legislative purpose is to further the
welfare of the entire county or city as a part of an
overall zoning plan, the ordinance does not constitute
illegal spot zoning even though private interests are
simultaneously benefited.
Wilhelm v. Morqan,' 208 Va. 398, 403-04, 157 S.E.2d 920, 924 (1967).
Put another way, "spot zoning" discriminates in favor of a single
landowner in a way that does not rationally relate to the
locality's overall zoning and comprehensive plan. Whether a
rezoning constitutes "spot zoning" depends upon whether the
rezoning bears a reasonable relationship to the pattern of existing
zoning in a neighborhood and the guidelines of the locality's
comprehensive plan.
I sincerely hope that this letter is not only responsive to
the questions posed to me, but also provides you with guidelines
for your decisions in the future.
With kindest personal regards, I am
WCDJ/SJT:snh
CC:
Si
n~re~y, ~.~// /
1 bu r~.G~--~D/t ng, Jr.
City
Attorne~
w. Robert Herbert, City Manager
William F. Clark, Director of Public Works
John R. Marlles, Chief, Planning & Community Development
Evelyn Dorsey, Zoning Administrator
H: \CC\L-ZON-US. 1E
RECEt¥£C'
CITY CLERKS
'97 BEC-5 P3:40
Office of the City Manager
December 15, 1997
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from Bobby Lee Willis that property located at 1102 Centre
Avenue, N.W., Official Tax No. 2112311, be rezoned from LM, Light
Manufacturing District, to RS-3, Residential Single Family District, such
rezoning to be subject to certain conditions proffered by the petitioner.
On September 22, 1997, City Council postponed action on the above-referenced rezoning
request in order to resolve certain legal issues related to the definition and application of
"grandfathered" uses. Council's request was in response to a statement made by Mr. Willis
during his presentation at the public hearing that the structure continued to be occupied even after
the City Building Department issued a Condemnation and Repair Order in December, 1993. Once
such an order is issued, a structure cannot be legally occupied until all Building Code violations
have been corrected. Inspectors from the City's Building Department determined in February of
this year that the building has deteriorated to the extent that demolition is appropriate.
I believe that the City Attorney has provided guidance in the legal issues involved in this
matter. Since this matter was heard at public hearing, staff in the City's Planning and Building
Departments have received several calls from nearby property owners and residents objecting to
the proposed rezoning. The Mayor and City administration also received an unsigned letter
expressing concerns with the proposed rezoning.
This information is intended to update you on this matter prior to the continuation of the
public hearing on December 15, 1997. A copy of the Planning Commission's original
recommendation is also attached for your information.
Sincerely,
W. Robert Herbert
City Manager
Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke,va.us
WRH:JRM:mpf
attachment
Wilbum C. Dibling, Jr., City attorney
William F. Clark, Director of Public Works
Ronald H. Miller, Building Commissioner
John R. Marlles, Chief of Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
RECEIVED
CITY CLERKS OFF.CE
'97 SFP-g .~.t.! :08
Roanoke City Planning Commission
September 22, 1997
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Bobby Lee Willis to rezone land located at 1102 Center
Avenue, N. W. and designated as Official City Tax Number 2112311 from
LM, Light Manufacturing to RS-3, Residential Single Family District.
I. Background:
City Building Department issued a Condemnation and Repair Order on the occupied
property in December of 1993. The order required the owner to either make repairs
to the code violations or to secure/board up and maintain the building. Repairs
requested included substantial exterior and interior improvements, including
plumbing, electrical and heating. Repairs were not undertaken and the city proceeded
to board up the structure.
Bo
City Building Department issued a Raze Order tO demolish the property in February
of 1997. Property owner did not appeal the order or demolish the property. The city
proceeded with securing a demolition contractor.
Property owner desires to rehabilitate the structure which is located in a LM, Light
Manufacturing District and is unable to secure a building permit because the property
is non-conforming and has not been used as a residence in over two years.
Property owner applied to the Board of Zoning Appeals in June of 1997 for a
variance to continue the non-conforming status of the property. BZA public hearing
was held on 7/8/97. Board denied the request for a variance on the basis that it had
no authority to grant a use variance.
II. Current Situation:
Purpose of the rezoning request is to allow the owner to rehabilitate the existing
residential structure. Mr. Willis proposes to live in the structure with his family. His
mother is a resident next door and did not desire to be included in this rezoning
petition.
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344
Members of Council
Page 2
B. Rezoning petition was filed on 7/10/97. A condition 0fthe rezonin~, is as follows:
A building permit to rehabilitate the existing structure for residential purposes
will be secured within one year of the effective date of the rezoning and a
Certificate of Occupancy will be issued within two years. If said building
permit and Certificate of Occupancy is not secured within the established time
frames, the zoning shall revert to LM, Light Manufacturing without any
further action by City Council.
Public Hearing before the Planning Commission was held on August 6, 1997. Mr.
Willis presented his request to the Planning Commission and answered questions
regarding the present condition of the property and his intent for future repairs.
Planning staff advised that the area was currently zoned for industrial use, was
located in the Urban Enterprise Zone, most of the existing land uses on that side of
the street were industrial and that the existing LM zoning was desirable and
appropriate. Mr. Jerry Ferguson (202 12th Street, N. W.) appeared before the
Commission in opposition to the rezoning request advising that he had recently
purchased nine vacant lots on Center Avenue and cleared them for business
development. The Planning Commission denied the rezoning request by a vote of 5-0
(Messrs. Chrisman, Hill, Manetta, Rife and Butler all voting in opposition to the
rezoning).
III. .Issues:
Zoning 0fthe property is presently LM, Light Manufacturing. Proposed rezoning is
to RS-3, Residential Single Family. Surrounding zoning is LM. RM-2, Residential
Multi-family, Medium Density District, is located north of the area beginning south
of Loudon Avenue.
Bo
Land use of the property is a single-family residence. One residence, next door, is the
only other residential property on this side of the street. Three other houses are
located across the street on the north side of Center Avenue. The majority of the uses
in this area are industrial or vacant lots.
Co
Property is located within an Urban Enterprise Zone, a state and local economic
development incentive area which promotes industrial development. Several new
businesses have located along Shenandoah Avenue and Center Avenue in the past
few years.
Neighborhood organization for this area is Northwest Neighborhood Environmental
.Organization (NNEO). On 8/6/97, the Executive Director advised planning staff.that
generally they were in support of rehabilitation of existing homes to improve the
neighborhood, however, they had not researched the specifics of this property or
discussed the proposal with surrounding neighbors.
Members of Council
Page 3
Comprehensive Plan recommends:
IV.
Alternatives:
A.
Bo
Neighborhood character and environmental quality should be Protected.
Possible changes in land use or new public and private development in or near
residential areas should be carefully evaluated and designed to conserve and
enhance neighborhood quality.
Priority should be given tO maintenance and rehabilitation of sound, usable
structures rather than demolition. Traditional and historical features should be
preserved to the extent practical.
Development of new or existing commercial and industrial areas in the city
should be carefully planned and designed to promote quality development and
good land use.
Because of the limited amount 0fexisting industrially zoned land in Roanoke
the comprehensive plan and related ordinances should protect these area.~ by
restricting uses to only industrial categories.
City Council deny the rezoning request.
1.
2.
°
Zoning remains LM.
Land use remains non-conforming Future land use is restricted to uses
permitted in the light manufacturing district.
Urban Enterprise Zone may be an incentive for a future industrial user.
Neighborhood residential uses would be restricted to that area north of Center
Avenue.
Building Commissioner's Orders are still effective.
Comprehensive Plan would be followed.
City Council approve the rezoning request.
Zoning is changed from LM to RS-3. Single family zoning would restrict use
of the property to a single family residence. Zoning could be considered "spot
zoning" of the property in that it for the sole benefit of the owner and is not
consistent with the surrounding zoning or land use patterns.
Members of Council
Page 4
Land use, a residential unit, would become c0nf0rmin~. A building permit
could be issued for rehabilitation of the property.
Urban Enterprise Zone would not affect the continued use of the property for
residential purposes. Zone designation still would be effective for use in the
future.
4. Neighborhood residential areas are located mor~ toward Loudon Avenue
5. Comprehensive Plan would not be followed.
V. Recommendation:
By a vote of 5-0, the Planning Commission voted to recommend that City Council deny this
rezoning request Messrs. Chrisman, Hill, Manetta, Rife and Butler voted in opposition to the
rezoning; Mrs. Coles and Duerk were absent. While the property owner desires to
rehabilitate the existing residential structure, the surrounding area is of an industrial nature
and the current zoning is appropriate, considering the existing land uses, its location in an
Urban Enterprise Zone, and the new industrial development that has occurred in the general
area.
Respectfully submitted,
Gilbert E. Butler, Jr., Chairman
Roanoke City Planning Commission
CCi
Steven J. Talevi, Assistant City Attorney
Ron Miller, Building Commissioner
Bobby Willis, Petitioner
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA:
Rezoning of a tract of land lying at 1102 Center Avenue, N. W. and designated as
Official City Tax Number 2112311 from LM, Light Manufacturing District to RS-3,
Residential Single Family District, such rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Bobby Lee Willis, owns land in the City of Roanoke containing less than one-
half acre, located at 1102 Center Avenue, N.W. and designated as Official City Tax Number
2112311. A map of the property to be rezoned is attached as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from LM, Light Manufacturing District to RS-3,
Residential Single Family District, subject to certain conditions set forth below, for the purposes of
rehabilitating the existing house on the property for a residential dwelling and providing a place of
residence for the owner and his children.
The Petitioner believes the rezoning of the said tract of land will further the intent and
purposes of the City's Zoning Ordinance and its Comprehensive Plan in that it will allow the existing
residential property to be rehabilitated by the owner and improve the area.
The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the
rezoning will be subject to, and that the Petitioner will abide by the following condition:
1. A building permit to rehabilitate the existing structure for residential purposes will be
secured within one year of the effective date of the rezoning and a Certificate of
Occupancy will be issued within two years. If said building permit and Certificate of
Occupancy is not secured within the established time frames, the zoning shall revert to
LM, Light Manufacturing without any further action by City Council.
Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all
lots or property immediately adjacent to or across a street from the property requested for rezoning.
WHEREFORE, the Petitioner requests that the above described tract be rezoned aZ requested
in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -
Respectfully submitted this 10th day of July, 1997.
By:
Roanoke, VA 24017
(540) 982-5736
I
12 'T'H.
I I 'I'H.
Exhibit B
List of Adjacent Property Owners
Tax Number
2111720
2112401
2112318
2111809
2112410
2112310
Property Owner
Patrict, John R. III
8531 Brubaker Drive, NW
Roanoke, VA 24019
Corgi, LLC
cYo Inge
3722 Buckingham Drive
Roanoke, VA 24018
Waynick, Mary R.
Foster, Natalie R.
306 First Street, S. W.
Roanoke, VA 24011
Coles, David E
Coles, Yvonne Porter
1537 Guildhall Avenue
Roanoke, VA 24017
Foster, Natalie Roberts
306 First Street, S. W.
Roanoke, VA 24011
Crews, Mildred L.
1104 Center Avenue, N. W.
Roanoke, VA 24017
MARY F. PARKER, CMC/AAE
City Ci¢~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
December 23, 1997
File ~51
SANDRA H. EAKIN
Deputy City Clerk
Gilbert E. Butler, Jr., Chair
City Planning Commission
3406 Exeter Street, S. W.
Roanoke, Virginia
Dear Mr. Butler:.
At a regular meeting of the Council of the City of Roanoke on Monday, December 15,
1997, Council held · public hearing on the request of Southern Lane. G_r .ou_p, I. LC,~ th,at,t,,en.
tracts of land located on Southern Lane, Southern Hills..Drive ana ~_r~_? Ko.a.a;~z.,~;,
,, T.x No,. 5 70 0 - 70 .u?,v..,.
be rezoned from RS-3, Residential Single-family District, to u-~', oenerm ~,omm
District, subject to certain conditions proffered by the petitioner.
Pursuant to the request of the petitioner, on motion, duly seconded and unanimously
adopted, action on the matter was tabled.
I am enclosing copy of a Third Amended Petition for rezoning which was filed in the City
Clerk's Office on December 15, 1997.
Sincerely, .~&,~&,~...
Mary F. Parker, CMCiAAE
City Clerk
MFP:Io
Enclosure
pc: Maryellen F. Goodlatte, Attorney, Glenn, Feldmen, Darby & Goodlatte, 210 1st
Street, S. W., Suite 200, Roanoke, Virginia 24001
Gilbert E. Butler, Jr.
December 23, 1997
Page 2
pc:
Wilbum C. Dibling, Jr., City Attorney
John R. Marlles, Chief, Planning
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, December 15,
1997, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from
RS-3, Single Family Residential District, to C-2, General
Commercial District, subject to certain proffered conditions, the
following ten (10) tracts of land:
Official Tax Nos. 5470115, 5470113, 5470114, 5470112,
5470111, 5470108, 5470109, 5470110, 5480701 and 5480704.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 24th day of November , 1997.
Mary F. Parker, City Clerk.
H:\NOTICE\N-SOLANE.IA
__ RECEPVEO
210 Isv STREET, S. V~., SUITE 200
pOST OFFrCE ? 2:57
~OA~O~, ~l~Ol~Z~ ~001
(5~0) ~-8000
FAX (540) 2~4- 8050
MARYELLEN F. GOODLATTE
Direct Dial (540)224-8018
E-mail mgoodlatte~gfdg.com
December 8, 1997
HAND DELIVERED
Ms. Mary Parker
Roanoke City Clerk
Roanoke City Clerk's Office
Municipal Building
Roanoke, Virginia 24011
Re;
Southern Lane Group, LLC
Second Amended Rezoning Application
Dear Mary:
Please find enclosed an original Second Amended Rezoning Petition for
Southern Lane Group, LLC.
By copy of this letter to Steve Talevi and Martha Franklin, I am forwarding
them a copy of the amended petition for their file.
Please call me if you have any questions.
Very truly yours,
Maryellen F. Goodlatte
MFG:lnh:3754000
Enclosure
Southern Lane Group, LLC w/enc.
Ms. Martha P. Franklin w/enc. (HAND DELIVERED)
Steven J. Talevi, Esq. w/enc. (HAND DELIVERED)
IN THE COUNCIL OF THE CITY OF ROANOKE, VII~~ -8 P 3:09
IN RE:
Rezoning of ten (10) tracts of land lying and being in the City of Roanoke, Virginia,
and briefly described as:
Tax Map No. 5470115, 1.48 aces, Pine Grove, 4156 Southern Lane, S.W.;
Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148
Southern Hill Lane, S.W.;
Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.;
Tax Map No. 5470112, 134 acres, Pine Grove, 4325 Southern Hills Lane,
S.W.;
Tax Map No.
Tax Map No.
Tax Map No.
S.W.;
Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.;
Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118
Southern Hills Lane, S.W.; and
Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southern Hills Drive,
S.W.,
5470111, 1.19 acres, Pine Grove, 4134 Southern Lane, S.W.;
5470108, 0.51 acres, Pine Grove, Southern Lane, S.W.;
5470109, 0.71 acres, Pine Grove, 4146 Southern Hills Drive,
from RS-3 to C-2, such re. zoning to be subject to certain conditions.
SECOND AMENDED PETITION
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Southem Lane Group, LLC, a Virginia limited liability company is the
contract purchaser of the following property in the City of Roanoke, Virginia,
Tax Map No. 5470115, 1.48 aces, Pine Grove, 4156 Southem Lane, S.W.;
Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie Redd Property, 4148 Southem Hill
Lane, S.W.;
Tax Map No. 5470114, 0.84 acres, Pine Grove, Griffin Road, S.W.;
Tax Map No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane, S.W.;
Tax Map No. 5470111,
Tax Map No. 5470108,
Tax Map No. 5470109,
1.19 acres, Pine Grove, 4134 Southem Lane, S.W.;
0.51 acres, Pine Grove, Southem Lane, S.W.;
0.71 acres, Pine Grove, 4146 Southem Hills Drive, S.W.;
Tax Map No. 5470110, 0.06 acres, Pine Grove, Griffin Road, S.W.;
Tax Map No. 5480701, 0.18 acres, Part Parcel No. 3, Pine Grove, 4118 Southern Hills
Lane, S.W.; and
Tax Map No. 5480704, 5.3 acres, Pine Grove, 4116 Southem Hills Drive, S.W.
Said tracts are currently zoned RS-3. A map of the properties to be rezoned is attached as
Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the
Petitioner requests that the said property be rezoned from RS-3 District to C-2 District, subject to
certain conditions set forth below, for the purpose of developing a commercial center which would
have its phmary access onto Franklin Road via a re-designed Southern Hills Drive.
The Petitioner believes the rezoning of the said tract of land will further the intent and
purposes of the City's Zoning Ordinance and its Comprehensive Plan, in that it will promote
quality development and good use along the Franklin Road corridor; add to the City's economic
base; enhance the City's role as a convention and tourism site; improve access and roads in the
affected area; through landscaping and design, enhance the image of the City in this entrance arm
The Petitioner hereby proffers and agrees that if the said tracts are rezoned as requested,
that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions:
The property will be developed in substantial conformity with the Development
Plan prepared by Lumsden Associates, dated June 17, 1997, and revised August 7,
2
1997, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject
to any changes required by the City as part of Comprehensive Development Plan
review.
The exterior treatment of all buildings on the property shall be architecturally
finished and shall be consistent in the use of architectural details and materials on
all sides of the building.
All lighting on the property shall consist of fixtures designed with shields that direct
illumination away from the adjoining residential neighborhood along the easterly
side of Griffin Road.
Ail dumpsters, loading docks and heating/air conditioning handling units shall be
screened from view by landscaping, masonry or metal screen walls.
There shall be no building wall signs facing the residentially zoned neighborhoods
along the easterly side of Griffin Road.
Outdoor advertising, as defined in the Roanoke City Code, shall not be permitted.
The combined surface area of ali signs on the commercial lots, including signs
erected in a required yard, shall not exceed 2.5 square feet for each foot of lot
frontage for the first one hundred feet of lot frontage, and an additional 1.0 square
feet for each foot of lot frontage remaining. Ail freestanding sign structures shall
be limited to one per lot with a slgnage area no greater than 100 square feet.
8. Tract E shall not be used as a restaurant. Any restaurants located on Tracts, D,
G & F shall not be Fast Food restaurants. Any restaurants constructed on
Tracts D, G & F shall contain odor abatement equipment to abate the
disbursement of cooking odors to the outdoors.
9. Any structure constructed on Tract E, including a motel or hotel, will be no
more than three (3) stories high measured from ground level.
10. A sidewalk along one side of Southern Hills Drive, and running the length of
the relocated Southern Hills Drive on the site, shall be included.
Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or
properties immediately adjacent to, immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner requests that the above-described tracts be rezoned as
requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke.
4
Respectfully submitted this ~(L. day of December, 1997.
Respectfully submitted,
SOUTHERN LANE GROUP, LLC,
a Virginia limited liability company
Maryellen F. Goodlatte, Esq.
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
(540) 224-8018 - Telephone
(540) 224-8050 - Facsimile
5
MARY F. PARKER, CMG/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
December 19, 1997
File #79-137-277
Joseph B. Wright, President
Roanoke Foundation for Downtown, Inc.
c/o R. Matthew Kennell, President
Downtown Roanoke, Incorporated
310 First Street, S. W.
Roanoke, Virginia 24011
Dear Mr. Kennell:
I am enclosing four copies of Resolution No. 33689-121597, supporting tax exemption of
property in the City of Roanoke to be conveyed to the Roanoke Foundation for Downtown,
Inc., and used by it exclusively for cultural, educational and historical purposes on a non-
profit basis. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, December 15, 1997.
Resolution No. 33689-121597 will not be in full force and effect until a copy, duly signed
by an authorized agent of Roanoke Foundation for Downtown, Inc., has been filed in the
Office of the City Clerk.
It will be your responsibility to have the appropriate bill introduced at the 1998 session of
the General Assembly.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
H:~AGENDA,9'/~3EC15.WPO
Joseph B. Wright
c/o R. Matthew Kennell
December 19, 1997
Page 2
MFP:Io
Enclosure
pc:
The Honorable Marsha Compton-Fielder, Commissioner of the Revenue
The Honorable David C. Anderson, Treasurer
Maryellen F. Goodlatte, Attorney, Glenn, Feldmann, Darby & Goodlatte, 210 First
Street, S. W., Suite 200, Roanoke, Virginia 24011-1613
James B. Massey, III, Attorney, 601 South Jefferson Street, Roanoke, Virginia
24016
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Wilburn C. Dibling, Jr., City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Barry L. Key, Manager, Office of Management and Budget
Phillip F. Sparks, Chief of Economic Development
Lisa J. Fain, Economic Development Specialist
H:~AGENDA.B?~DEC1 $.WPO
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 15th day of December, 1997.
No. 33689-121597.
A RESOLUTION supporting tax exemption of property in the City
of Roanoke to be conveyed to The Roanoke Foundation for Downtown,
Inc. and used by it exclusively for cultural, educational and
historical purposes on a non-profit basis.
WHEREAS, The Roanoke Foundation for Downtown, Inc.
(hereinafter "the Applicant") has petitioned this Council for
support of a bill to be introduced at the 1998 Session of the
General Assembly to exempt certain property of the Applicant from
taxation pursuant to Article X, §6(a)(6) of the Constitution of
Virginia;
WHEREAS, Council has determined that Applicant's petition was
not received in the City Clerk's Office in accordance with the time
period set forth in the City policy regarding requests for support
of a bill to exempt property from taxation adopted by Resolution
No. 30884-021892 on February 18, 1992 (the "Policy"), but the
petition was sent by cover letter dated November 12, 1997, and a
copy of the letter and petition was received in at least one City
office on November 13, 1997;
WHEREAS, in light of these facts, the time requirement set
forth in the Policy is waived in this particular case;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on December 15, 1997;
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
the Council;
WHEREAS, the Applicant agrees that the property to be exempt
from taxation is or will be the building or buildings and as much
land as is reasonably necessary to the use of the building or
buildings, providing such real property shall be used by the
Applicant exclusively for cultural, educational and historical
purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this
Resolution and Council's support of a bill hereinafter described in
Paragraph 1 to be introduced on behalf of the Applicant at the 1998
Session of the General Assembly, the Applicant has voluntarily
agreed to pay each year a service charge in an amount equal to
twenty percent (20%) of the City of Roanoke tax levy, which would
be applicable to real property to be acquired by the Applicant were
the Applicant not exempt from such taxation, for so long as the
applicant's real property is exempted from State and local
taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. Council supports a bill to be introduced at the 1998
Session of the General Assembly whereby The Roanoke Foundation for
Downtown, Inc., a non-profit organization, seeks to be classified
and designated an organization within the context of S6(a)(6) of
Article X of the Constitution of Virginia, and whereby property
owned by the ApPlicant, which is used by it exclusively for
charitable or benevolent purposes on a non-profit basis, shall be
exempt from State and local taxation.
2. In consideration of Council's adoption of this Resolution
and Council's support of the bill described in Paragraph 1 of this
Resolution, the Applicant agrees to pay to the City of Roanoke on
or before October 5 of each year a service charge in an amount
equal to twenty percent (20%) of the City of Roanoke tax levy,
which would be applicable to real property of the Applicant, in the
City of Roanoke, were the Applicant not exempt from State and local
taxation, for so long as the Applicant is exempted from State and
local taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of §30-19.04, Code of
Virginia (1950), as amended, and pursuant to Subsection C of the
same section, council recognizes that the Applicant will own real
property currently assessed at $1,925,000.00, representing a real
property tax liability of $23,485.00 for the 1997-98 tax year, and
Council recommends to the General Assembly that the specific
classification shall be cultural, educational, or historical.
4. The City Clerk is directed to forward an attested copy of
this Resolution to the Commissioner of the Revenue and the City
Treasurer for purpose of assessment and collection, respectively,
of the service charge established by this Resolution, and to Joseph
B. Wright, Applicant's President, c/o R. Matthew Kennell.
5. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized officer of the
Applicant, has been filed with the City Clerk.
ATTEST:
City Clerk.
ACCEPTED, AGREED TO and EXECUTED by The Roanoke Foundation for
Downtown, Inc., this day of , 19 .
ROANOKE FOUNDATION FOR DOWNTOWN, INC.
By.
Title
(SEAL)
H:\RE$\R-DOWNTO. IA 4
December 15, 1997
Report #97-45
RECEIVED
CITY CLE~::KS
~7 i]EO-8 /~t0:50
Honorable Mayor and Members of City Council:
Roanoke, Virginia
Dear Mayor and Members of City Council:
Subject:
Request for Support for Tax-Exempt Status from The Roanoke Foundation
for Downtown, Inc.
I. BACKGROUND:
The Roanoke Foundation for Downtown, Inc. has been offered the following gifts
of real property:
Name Address Acres Tax Map No.
-Passenger Station Bldg. 209 Shenandoah Ave NE .838 3013603
-Parking lot Bounded by three streets .548 2014201
(First, Second, & Shenandoah)
108 N. Jefferson St. .790 2013018
8 N. Jefferson St. 1.381 2013606
-GOB North Bldg.
-GOB South Bldg.
The Roanoke Foundation for Downtown, Inc., petitioned City Council on
November 19, 1997, requesting adoption of a Resolution in support of the
organization obtaining tax-exempt status from the General Assembly on the
properties located in the City of Roanoke.
Norfolk Southern Corporation is the current owner of the property; therefore, the
property is assessed by the Virginia Department of Taxation, pursuant to §58.1-
3201 of the Code of Virginia (1950), as amended. Pursuant to this statute, all
property is assessed on a depreciated cost basis and the current assessment is:
Passenger Station Bldg.
Parking Lot + Land
GOB North Bldg.
GOB South Bldg. + Storage Bldg.
Current Assessment
$ 600,000
100,000
825,000
400,000
$1,925,000
Tax Rate
x 1.22/$100
Current Tax $ 23,485
Honorable Mayor and Members of City Council
December 15, 1997
Page 2
The Director of Real Estate Valuation becomes responsible for future assessments
when Norfolk Southern Corporation transfers the title. The assessment will be
calculated at 100% of fair market value. The estimated new assessment will be:
Passenger Station Bldg.
Parking Lot + Land
GOB North Bldg.
GOB South Bldg. + Storage Bldg.
$ 145,900
1,619,100
866,700
490,700
Estimated New Assessment
$ 3,122,400
II.
A twenty percent (20%) service charge will then be levied by the City, in lieu of
real estate taxes, if the property is declared tax exempt by the General Assembly:
Estimated New Assessment
Tax Rate
$ 3,122,400
x 1.22/$100
$ 38,093.28
Service Charge x .20
NEW TAX $ 7,618.66
CURRENT SITUATION:
City Council adopted Resolution No. 30884-021892 on February 18, 1992, to
establish guidelines for organizations seeking support for exemption from taxation
(See Attachment A).
Number 1 (e) of the resolution states that all organizations must file a petition for
tax-exempt status with City Council at least sixty (60) days in advance of the first
day of the next session of the General Assembly. The first session of the General
Assembly is January 14, 1998, and sixty days in advance would require the
petition to be filed by November 15, 1997. The City Clerk's office received the
petition on November 19, 1997, four days after the required date.
Notification of a Public Hearing to be held on December 15, 1997, was advertised
in the Roanoke Times on Sunday, December 7, 1997.
The Roanoke Foundation for Downtown, Inc. will not use any of the properties
for commercial purposes while under the tax-exempt status if approved by City
Honorable Mayor and Members of City Council
December 15, 1997
Page 3
Council. Property becomes taxable immediately upon sale by tax-exempt owner,
pursuant to § 58.1-3201 of the Code of Virginia. Whenever any building or land,
or part thereof, exempt from taxation is a source of revenue or profit, whether by
lease or otherwise, all such buildings and land shall be liable to taxation as other
land and buildings in the same city. When a part, but not all of any such building
or land, is a source of revenue or profit, and the remainder of such building or
land is used by any organization which is exempted from taxation, only such
portion as is a source of profit or revenue shall be liable for taxation, pursuant to
§58.1-3603 of the Code of Virginia.
III. ISSUES:
1. Service to citizens.
IV.
A.
2. Cost to city.
3. Determination by Commissioner of the Revenue.
ALTERNATIVES:
City Council grant the request of the Roanoke Foundation for Downtown, Inc. for
Council support that the following properties be designated exempt from taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, by the General
Assembly conditioned upon the Roanoke Foundation for Downtown, Inc.'s agreement to
pay a twenty percent (20%) service charge in lieu of taxation:
Name Address Acres Tax Map No.
-Passenger Station Bldg. 209 Shenandoah Ave NE .838 3013603
-Parking lot Bounded by three streets .548 2014201
(First, Second, & Shenandoah)
108 N. Jefferson St. .790 2013018
8 N. Jefferson St. 1.381 2013606
-GOB North Bldg.
-GOB South Bldg.
Service to citizens is met as potential uses for the properties which are
consistent with the Outlook Roanoke plan may include locations for an
education/training center, the Convention and Visitor's Bureau and other
attractions. The education/training center will provide opportunities for
higher education and training of the Roanoke Valley's workforce.
Additional attractions will serve to promote tourism in the Roanoke
Valley.
Honorable Mayor and Members of City Council
December 15, 1997
Page 4
Cost to the City would be the abatement of real estate taxes; however, the
twenty percent service charge would still be applied. The cost would be
offset by the economic benefits of these properties being used for
educational and cultural opportunities for the citizens of Roanoke.
o
Commissioner of the Revenue, Ms. Marsha Compton Fielder, has
determined that the organization is not tax-exempt by classification or
designation under the Code of Virginia (See Attachment B).
City Council deny the request of the Roanoke Foundation for Downtown, Inc. for
Council support that the following properties be designated exempt from taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, by the General
Assembly:
Name
-Passenger Station Bldg.
-Parking lot
-GOB North Bldg.
-GOB South Bldg.
Address Acres Tax Map No.
209 Shenandoah Ave NE .838 3013603
Bounded by three streets .548 2014201
(First, Second, & Shenandoah)
108 N. Jefferson St. .790 2013018
8 N. Jefferson St. 1.381 2013606
Service to citizens may be affected because the state could refuse funds for
a continuing education center if the property is not tax-exempt. The
Roanoke Foundation for Downtown, Inc. would have to raise additional
private funds, which would compete with other projects outlined in the
Outlook Roanoke plan.
2. Cost to the City will not be an issue.
3. Determination by Commissioner of the Revenue will remain unchanged.
RECOMMENDATION:
City Council concur in Alternative A to grant the request of the Roanoke Foundation for
Downtown, Inc. for Council support that the following properties be designated exempt
from taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, by the
General Assembly conditioned upon the Roanoke Foundation for Downtown, Inc.'s
agreement to pay a twenty percent (20%) service charge in lieu of taxation:
Honorable Mayor and Members of City Council
December 15, 1997
Page 5
Name
-Passenger Station Bldg.
-Parking lot
-GOB North Bldg.
-GOB South Bldg.
Address Acres
209 Shenandoah Ave NE .838
Bounded by three streets .548
(First, Second, & Shenandoah)
108 N. Jefferson St. .790 2013018
8N. Jefferson St. 1.381 2013606
Tax Map No.
3013603
2014201
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/LJF:kdc
attachments
cc: Commissioner of the Revenue
Director of Real Estate Valuation
Director of Finance
City Attorney
Assistant City Manager
Manager, Office of Management and Budget
ATTACHMENT A
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of February, 1992.
No. 30884-021892.
A RESOLUTION establishing the policy of the City with respect
to supporting requests of certain non-profit organizations to
exempt certain property from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia.
WHEREAS, this Council from time to time, has been requested to
adopt a resolution in support of a non-profit 6rganizations request
of the General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of
Virginia;
WHEREAS, this Council has not heretofore adopted any policy
with respect to those organizations requests and the terms and
conditions under which Council will support an organizations
request for tax-exempt status;
WHEREAS, a written policy will assist Council in considering
whether an organization should be given Council's support of its
request for tax exempt status, and a written policy also will help
to insure that all similarly situated organizations are treated
uniformly;
THEREFOr, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. 'That effective March 1, 1992, as a condition to receiving
a resolution from Council supporting its request of the General
Assembly to be designated exempt from taxation pursuant to Article
X, Section 6(a)(6) of the Constitution of Virginia, all
organizations must:
(a)
request a written determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Code of Virginia;
notify the City Clerk, in writing, of the
organization's intent to seek new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation;
(c)
agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the real property of the
organization, in the City of Roanoke, were the
organization not exempt from such taxation, for so
long as the organization's real property is
exempted from State and local taxation;
(d)
submit to the City Manager detailed answers to the
questions set forth in subsection B of S30-19.04 of
the Code of Virginia (1950), as amended, such
answers must be submitted no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly; and
(e)
file a petition for tax-exempt status with City
Council at least sixty (60) days in advance of the
first day of the next session of the General
Assembly.
2. If the council adopts a resolution supporting an
organization's request of'the General Assembly, and the request is
granted~
(a)
(b)
the value of all exempted taxes shall be deducted
fro~ any funding provided by the City to the
organization; and
the Commissioner of Revenue and the Office of Real
Estate Valuation will monitor the tax-exempt status
of the property through the use of:
(1)
biennial application for tax-exemption;
and
MARSHA COMPTON FIELDER
Commissmner or' the Revenue
November 26, 1997
CITY OF ROANOKE
COMMISSIONER OF THE REVENUE
215 Church Avenue, S.W., Room 251
Roanoke, Virginia 24011
Telephone: (540) 981-2521
Fax: (540) 224-3115
ATTACHMENT B
The Roanoke Foundation for Downtown, Inc.
Crestar Building
301 First St., S. W. - Suite, Mezzanine
Roanoke, Virginia 24011
RE: Norfolk and Western Railway
209 Shenandoah Ave., N.E. - Passenger Station
Norfolk and Western Railway
Tax Map Nnmher - 2014201 parking Lot
Norfolk and Western Railway
108 N. Jefferson Street - Gnme~ Office Building North
Tax Map Number - 2013018
Norfolk and Western Railway
8 N. Jefferson Street- C~ae~ Office Building South
Tax Map Nnmher - 2013606
Dear Sir or Madauc
This is to inform you I will place the above parcels on the City of Roanoke Real Estate Tax
Service Charge Roil effective with the 1998-99 fiscal year be~ohming July 1, 1998. This action
presnmes the General Assembly ~rants an exemption for the Norfolk and Western Railway in the
Roanoke Valley. This propm~y mn~ be used exclusively for non-profit and charitable purposes.
ffyou have further questions, please feel free to contact me.
Sincerely,
M~~C. Fielder
Commi.~sioner of the Revenue
cc: Economic Development & Grants
The Roanoke Times
Ad Number: 690517
Publisher's Fee: $86.00
ROANOKE CITY CLERK'S OFF
ATT: MARY PARKER, CLERK
215 CHURCH AVE SW RM 456
ROANOKE, VA 24011-1536
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
12/07/97 FULL RUN - Sunday
Witness, this 8th day of December 1997
Authorized Signature
NOTICE OF PUBUC HEARING
Notice Il he~edy ~ve~ that the
City Council of the City of
Roanoke will hold a puMl~
hearing at its regular meeting
to be held on December 15,
1997, commoncing at ?:00
p.m., in the Coon4dl Chambers,
4th Floor, ~ Buil~n&
215 Church Avenue, S.W.,
Roanoke, Vl~lnia on the. clues-
tion of adoption of a resolution
of Vir~nla (1950), as amend.
ed, off the .request of The
Roanoke Foundation for Down-
town, Inc. for designation of*
property to be exempted from
taxation.
exemption is requested w~H be
donated to The Roanoke Foun.
datlon for Dbwntown, In~.
.~r~n~ Department of
pursuant to )~.1-3202 of the
Code of VIr~flia (1950),'as
,amonded. The Department's
current ass4mm~d value of this-
property is '1,925,000.00, and
the current real estate tax
assessment for this property is
'23,486.00.
nity to be heard and
GIVEN under my bend~'thi~ 3nt
day of December, 1997~
Mary F. Parker, C~y Clink.
(690517)
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of
Roanoke will hold a public hearing at its regular meeting to be
held on December 15, 1997, commencing at 7:00 p.m., in the Council
Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia on the question of adoption of a resolution
pursuant to §30-19.04, Code of Virginia (1950), as amended, on the
request of The Roanoke Foundation for Downtown, Inc. for
designation of property to be exempted from taxation.
The real property for which exemption is requested will be
donated to The Roanoke Foundation for Downtown, Inc. and is
currently assessed by the Virginia Department of Taxation pursuant
to §58.1-3201 of the Code of Virginia (1950), as amended. The
Department's current assessed value of this property is
$1,925,000.00, and the current real estate tax assessment for this
property is $23,485.00.
Citizens shall have the opportunity to be heard and express
their opinions on said matter.
GIVEN under my hand this 3rd day of December, 1997.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, December 7,
1997.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:\NOTICE\N-DOWNTO.TAX
December ~5~ 1997
Mayor David Bowec~
City Council Person~
City Hail~ Fourth Floor
Roanoke, Virginia
RE: Reopening Se&r~h For Roanoke City Police Chief
Dear Mayor- Bowers and City Council Persons:
The Baptist Ministers Conference of the Roanoke ~eglonal Arem end
~ou%hwest Virginia is joined by ~everal other. ~enomtnations %o
support the posture o~ the Roanoke Cha~ter of the Na~i~na~
As~o~iation for the Advancement of Colored People.
This issue is of great concern to all, and has ~e~ented us together
as a united front %o ~ay to you that %bls effort to re.pen the
existing application process, denying due process %o the current
candidates who were the fIn&~ist, is a travesty of justice. We did
not design the system but we oertsinly understand h~w it is being
m~nipulated. I~ there i~ ~ c~ndidate who ~id not apply in time~
should not this be an indication of his/her lack oX seriousness in
applying for the position in Roanoke at a~l? Does this ~atest
action mean that the current ~tnalist (which ~ust happens to have
an officer of color) must reapply, or are they eliminated?
way would have been to eliminate alZ oX the previous candidates
thereby aZlowing the reopening to be the only way to get additionaZ
cand±dmte~.
In the inter, est o~ fair play,
Regional Area and 9outhwest Viro nia
'ON BNOHd
~W S[M39 W UN~BA ; WO~_~
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
December 22, 1997
File ~:)6-51-144
W. Robert Herbert
City Manager
Roanoke, Virginia
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,;
December 15, 1997, Mr. M. Douglas Trout expressed concern with regard to the
constitutionality of the City's junk car ordinance, and certain unsightly conditions as a
result of littering on Orange Avenue, N. E. The remarks were referred to you for the
purpose of meeting with Mr. Trout to discuss his concerns.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: Mr. M. Douglas Trout, 169 Maplelawn Avenue, N. E, Roanoke, Virginia 24012
H :~AGENOA.~/~D~-C1 $.WPO