HomeMy WebLinkAboutCouncil Actions 08/05/96ROANOKE CITY SCHOOL BOARD
P.O. BOX 13145
ROANOKE, VA 24031
12 noon
CITY COUNCIL
SCHOOL BOARD
JOINT MEETING - AUGUST 5, 1996
Agenda
RCP$ Welcome/Greetings
Roll Call
Chairman Ellison
Roanoke City Greetings/Opening Remarks
Roll Call
Vice-Mayor Wyatt
Opening Remarks
12:05 p.m. RCPS - Technology Overview
12:25 p.m. Move to Media Center
12:30 p,m. Invocation
Lunch
Chairman Ellison
Superintendent Harris
A. Szathmary
Reverend Harris
1:00 p.m.
1:25 p.m.
Introduction of Staff/Students
Superintendent Harris
Explosure to lnternet, Career Center
and Media Center
A. Szathmary
H. Goodwin
W. Harris
Comments/Closing Remarks
Chairman Ellison
Vice-Mayor Wyatt
Council and Board Members
1:30 p.m. Adjournment
I::tUG-O1-1c:j~6 16: 06 541~:j,B12cj51 c35~ TOTi::It_ P. 02
P.B2
Roanoke City Public Schools
Strategic Long-Range
Technology Plan
Executive Summary
Technology Plan- April, 1995
Col~ight 1995 - Roanoke City Public Schools
Dr. E. Wayne Harris, Superintendent
EXECUTIVE SUMMARY
Technology Plan - April, 1995
- Rev. 0331.05
The Strategic Long-Range Technology Plan for Roanoke City Public Schools outlines
strategies for use of technology in the Division. The plan addresses the projected technical needs
of the Division over the next ten years. It is general in design to provide the Division with a
systematic framework upon which to make future technological decisions.' Plan design is based
upon three fundamental technology concepts -- planning, training, and maintaining. A
discussion of each of these components follows:
PLANNING
Research shows that most school technology efforts fail either due to no planning or lack
of sufficient planning. Failure to plan can result in incompatible equipment being purchased or,
worse, equipment being purchased to fill school equipment "wish lists". Insufficient planning
results in spending thousands of taxpayer dollars trying to keep up with the latest technologies.
Technology efforts may fail due to plans being too rigid or too future-oriented. Rigid
planning results in setting up technologies that require frequent upgrading, replacement and
retrofitting of school facilities. Rapid discarding of older equipment for newer "gee-whiz"
technologies is oRen the result of planning that is too future-oriented.
The Roanoke City Public Schools Strategic Long-Range Technology Plan is a balance
between the extremes cited above. This document was written with a research-based, curriculum-
oriented, "student-first" approach in mind. The fundamental belief behind the plan is that
technology is a set of tools that must, first and foremost, support curriculum and instruction in the
Division. Additionally, implementation of technology in an educational setting is not just
purchasing and installing an assortment of equipment. Paramount to successful implementation is
a fundamental restructuring of the way educators do business.
Research used to formulate and support this plan is referenced throughout by footnotes
and a bibliography of sources is included. The "Review of the Literature" section provides
general findings from a cross-section of approximately 37,000 articles related to technology. The
section entitled "Review of Technology Planning" provides additional findings fi'om our review of
technology plans from other states and school divisions. Research into the state of technology is
presented in the section "Assessment of the State of Technology and Current Needs".
llTlis"~ M. Awad. Svstem~ Analysis and De~i?l' p. 7.
-1-
Technology Plan - April, 1995 - Rev.0331.05
Minimum equipment standards for classrooms in the Division are provided in the section
"Instructional Minimum Equipment Standards". Recommendations for classroom software titles
are provided in the sections "Elementary School Recommended Core Sol,are Titles" and
"Secondary School Recommended Core Soft-ware Titles". A specific technology curriculum is
presented in the section "Core Student Technology Skills". This section reflects those technical
skills identified as necessary for the work force of the twenty-first century.
The Strategic Long-Range Technology Plan details infrastructure development in three
functional areas. These areas, described below, are: (1) management information systems
(MIS); (2} administrative functions; and (3) student and instructional al~iications. They
are explained in detail in the section "Infrastructure Development".
Management information systems (MIS) will monitor student progress fi.om kindergarten
through tweffih grade using both performance and standardized measures. Such "follow through"
systems enable teachers to better serve the individual needs of the learner. St~ parents, and
students will be able to obtain information more rapidly. Examples of information that could be
made immediately accessible include student grade point average, assessment data, career
exploration and exposure.
Administrative functions are those tasks that are ongoing, periodic, and scheduled. These~
include student scheduling, attendance tracking, preparation of state reports, and grade card
reporting. The technology plan provides for development of networking within the Division.
Implementation of school-wide and division-wide networks will allow for more efficient use of
time through the sharing of data and information resources. Data entered at one location will no
longer need to be manually transported or re-keyed at another location. This type of information
sharing can allow teachers to spend less time on administrative tasks and more lime with students
in an instructional capacity.
The most significant component of this document addresses student-oriented instructional
applications. This refers to the daily task of educating the students in the Division. The plan
provides for enhanced opportunities for student learning through development of information
learning systems, distance learning systems, multimedia development and presmtation systems,
and instructional management systems. New generations of information learning systems (ILS)
will help move students fi.om rote learning or "drill and kill" into exploration and inquiry through
simulations and virtual reality. Distance learning systems provide the student unique
opportunities to interact with other students and teachers in remote locations around the world
using voice and video. Multimedia development and presentation systems provide opportunities
for students to move fi.om passive roles and become active, self-directed learners and creators of
information.
-2-
Technology Plan - April, 1995 - Rev.0331.05
Instructional management systems (IMS) enable teachers to talk with students on a network,
leave messages and answer questions. Teachers can also instantly monitor the progress of an
individual student or an entire class. Instructional management systems also allow the teacher to
move from the role of lecturer to facilitator of learning.
TRAINING
The Strategic Long-Range Technology Plan provides in-depth training for students, staff
and parents. The most vital part of our plan is the training component -- because technology
without the knowledge to use it renders the technology useless.
The section entitled "Core Student Technology Skills" is the design to carry out
technology training at the site level. Included are technology goals for kindergarten through
twelfth grade, assessment and evaluation of goal attainment, and expected student outcomes.
Additionally, the plan focuses on students as active participants in their own learning. Appendix
F, entitled "Integrated Classroom Concept," provides a list of characteristics of active classrooms.
Also Beyer's Taxonomy of Inquiry is presented in Appendix G to assist teachers in helping
students learn how to learn.
All Roanoke City Public School staff members need to be living models for students. This
is applicable to both instructional and technical issues. The plan requires all employees to obtain a
basic level of technical knowledge. Skills for administrators, teachers, secretarial, clerical, and
classified staffs are presented in the section "Employee Technology Skills Training".
A minimum block of sixteen hours of fundamental technology skills training is provided in
this document. Training is composed of a series of"how to" classes. More advanced training is
provided to help teachers and administrators to fully integrate technology into classroom
instruction. Staffmay take up to 200 hours of in-house training in four phases. Training will be
provided as follows:
Phase I - Fundamentals of Technology - provides a basic sixteen hour block of"how to"
instruction for all staff.
Phase II - Software Applications and Use - provides an in-depth understanding of
software mechanics used in teaching and administration.
Phase HI - Integration of Technology Into the Curriculum - provides the necessary skills
to help teachers use technology to enhance instruction and provide "real world"
connections to concepts presented in the classroom.
Phase IV - Multi-Media Production - provides teachers with the necessary skills to help
students become creators of information and critical thinkers.
-3-
Technology Plan - April, 1995 - Rev.0331.05
Staff training courses, offered through the Office of Technology, are presented in "Appendix I -
Division Staff Technology Training Course Offerings". Presently, the training staff is not large
enough to handle the demand for courses. Other avenues for obtaining technical expertise are
provided through workshops, conferences, etc. These additional sources of training are presented
in the section "Avenues for Training".
MAINTAINING
The maintenance function is vital to any technology effort in the Division. Planning and
training cannot insure the successful implementation of technology without the ongoing support
to keep equipment, networks, and sof~ware working.
This plan provides guidelines for maintenance of hardware and sot~are inventories and
equipment repair. A site "sofl~are manager" will track use license and registration of sot~ware
being used in the school. Software that is not properly registered is quickly outdated and will
frequently not function on newer equipment because it is not properly upgraded. Additionally,
adherence to the software license agreement is necessary to comply with state and federal laws.
The "Technology Inventories" section of the plan provides basic guidelines for ongoing tracking
of existing and new hardware and sofl-~vare.
Guidelines for basic maintenance support levels are presented in the section entitled
"Technology Maintenance". This includes an additional computer repair specialist and a network
and distance learning system repair technician. Included in the maintenance support guidelines is
the purchase of diagnostic tools to repair school networks.
Basic guidelines are established in this document for acceptance of donated technology
equipment in "Division Technology Donation Equipment Guidelines". Companies in the Roanoke
Valley have consistently donated high quality equipment and services to the Division. Moreover,
placement of the equipment must remain a function of curricular need rather than donator
preference. These guidelines provide for placement and disposition of donated equipment based
upon the best interests of the students.
FUNDING AND IMPLEMENTATION
Adequate funding must be provided for any technology plan to be successful. A projected
budget is provided in the section "Projected Plan Budget". The budget is divided into three
sections covering the current bond issue, future bond issues, and projected future needs.
-4-
Technology Plan - April, 1995 - Rev.0331.05
Financial information presented under the heading of "current bond issue" details
expenditures from FY 1994-1995 to FY1996-1997. This represents expenditures under the
current bond initiative.
Information presented under the heading of "future bond issue" details proposed
expenditures from FY1997-1998 to FY1998-1999. This represents expenditures proposed under
future bond initiatives.
The heading "projected future needs" details expenditures from FYI 999-2000 to
FY2003-2004. These figures represent possible expenditures based on the current rate of
technological growth.
Implementation timetables are presented in the section "Proposed Plan Implementation
Timetable". The implementation schedule assumes that adequate funding is available.
This technology plan cannot be fully supported through local funding efforts. Additional
funds from outside sources must be sought. The section "Funding Sources" provides additional
avenues for the Division to obtain revenues for technology.
ONGOING TECIINOLOGY PLANNING
The Strategic Long-Range Technology Plan provides components for ongoing technology
planning and evaluation. For technology efforts to be successful ongoing planning and evaluation
at both the site and division levels is a necessity.
Site-based technology planning guidance is provided in the sections emitled "Site-Based
Technology Planning" and "Site-Based Technology Planning Guide". These sections outline the
step-by-step process of creating a site technology plan linked to both the curriculum and the goals
of the Division technology plan. Additional help is provided by the Virginia Department of
Education in a "Six-Step Model for Technology Planning". This model is provided in Appendix J
of the plan.
Ongoing Division technology planning and evaluation components are provided in the
section "Future Growth of Technology Infusion and Development". The plan provides for annual
technology needs assessments from all sites in the Division to monitor the progress of
implementation. Additionally it provides for the establishment of a Technology Advisory Council
to annually evaluate and, as necessary, modify the long-range plan.
-5-
TOTAL P. 03
JUL-26-1996 12: ~ 5489812951 %~ P. 8:3
Joint Roanoke City Council and Roanoke City School Board Meeting
Monday, August 5, 1996
12 Noon-l:30 P.M.
Roanoke City_ Public Schools
Technology Synopsis
The class of 2006 will graduate from high school into a society where technology
expands and redefines how they will live, learn, work, and play. With this in mind we, in
the Roanoke City Public Schools, believe technology is essential to instructional quality
and student learning. Technology gives instructional staff new tools to address individual
student learning styles and educational needs. These instructional tools allow students to
view, explore, and learn about the changing world. Four areas in which these tools are in
use are Internet access, career centers, multimedia presentations, and language
laboratories.
Internet Access
Technology helps break the barriers imposed by the traditional classroom by
allowing students to connect to other parts of the state, country, and world. This is
accomplished by using computers linked to phone lines to access the Internet. The
Internet is a global network linking five and one-half million computers together worldwide
and includes governments, schools, universities and big business. The Internet allows
instantaneous research for everyone, including students, bringing the world's great
treasures of art and literature to their computer screens with virtually no delay. Much of the
information on the Intemet is presented to the user on electronic pieces of paper called
home pages. Each home page may be linked to one or more related pages. This allows
related information to be accessed easily and allows the user to interact with the home
page information. For example, a person going to Atlanta for this summer may bring up
the Olympics Home Page and type in their section and instantly see a panoramic view of
the stadium showing the view of the field from their location. In Roanoke City Schools, all
schools have access to the Internet and twenty schools have their own home page.
Career Centers
As technology changes the world in which we live, students must prepare to work
in occupations that are different from past generations. Career centers at both high
schools provide up-to-date information on occupational requirements and working ~
conditions. Discover Multimedia is a computer program that helps students identify their
interests and abilities and relate these to occupations. Choices, another computer
program, offers students detailed information about each state's employment outlook,
salary, and education requirements for thousands of job titles. SAT and ACT preparatory
RCPS Technology Synopsis
Page 2
programs allow students to take practice college admissions tests. The program provides
students immediate feedback regarding their scores and areas needing improvement.
Virginia View provides students a career interest survey and links the results of the survey
with possible occupations suited to their interests. The data includes where jobs are
available in Virginia including salary ranges and hiring outlook. Two programs, Choices
and Tuition Funding Source provide student access to over 4,000 college, technical school,
and graduate school programs. These programs also provide information on hundreds of
college scholarship and grant programs.
Students live in an information rich society. This information comes to them in many
forms -- audio, video, still pictures, and text data. In order to communicate effectively in
the future, our students must be able to in{egrate these various forms of information into
a meaningful whole. In the Roanoke City Public Schools, this is accomplished bY using the
technology of multimedia. Multimedia allows the vadous information forms to be combined,
manipulated, and controlled through a computer. All Roanoke City Public Schools have
access to multimedia programs such as Microsoft PowerPoint, HyperStudio, HyperCard,
or Aldus Persuasion. These programs allow text data, from printed pages or word
processing documents, to be combined with video and audio information from video tape,
laserdisc, and cable television. Students use this technology to both analyze information
and present individual and team projects and reports to their class.
Foreign Language Laboratories
Through the use of technology people from different cultures and countries become
connected. As technology transforms our world into a global village, it becomes critical that
the graduating class of 2006 better understand these cultures and learn to communicate
with them. Through the use of state-of-the-art foreign language laboratories at both high
schools, students can learn about other cultures and languages first hand. Through the
use of satellite television students can hear a foreign language being spoken by natives
of the language in real world contexts. The uses of videotapes, laserdiscs, and CD-ROM
software allow students to study a language independently or in small groups. An audio
visual network in the language lab allows the instructor to channel video, audio, and text
information to student consoles in order to tailor instruction to meet individual and group
needs.
These represent just a few of the areas that use technology to enhance instruction
and learning in the Division. All instructional levels in the Division make use of and have
access to multiple technologies.
RCPS Technology Synopsis
Page 3
Hiph School Technolopy Review
In addition to the technologies mentioned, both high schools have a networked
library automation system that allows students to search for books, tapes, and other
reference materials. Search requests are made at one of several computer terminals.
Students can search by author, title, subject, keyword, or a combination of these.
Reference materials are also available at these stations through a wide variety of CD-ROM
databases and on-line reference search services. These databases and reference
services offer information ranging from simple bibliographic data to full-text articles.
Calculator-based learning laboratories are also available at both high schools. This
technology combines real-life models, computers, and hand-held calculators and probes
to test and measure physical properties of motion, distance, time, speed and temperature.
Students can manipulate models through a computer to simulate a real-life event such as
a car accelerating. They can use calculators and probes to test the property of
acceleration and describe this by developing a mathematical graph using the data. Both
high schools also provide student's access to'desktop publishing computer workstations
that allow them to develop essential writing skills. These workstations allow students to
write, edit, and perform page layouts of text and pictures. Images can be scanned into the
computer for use in the layouts. A finished product may be a brochure, printed report,
certificate, newsletter, or school newspaper.
Middle School Technology Review
At the middle school level, students have access to keyboarding labs that allow
them to continue to develop their typing skills. All middle schools have Internet access,
multimedia production facilities, and networked library automation systems. Renovation
of the middle schools began last year with Stonewall Jackson. It will reopen this year as
a technology prototype for other middle school renovation projects to follow. Jackson will
use a media and data network that links all computers back to a central computer system.
This system will offer on-demand access to the audiovisual resources of the school.
Through this network teachers and students can receive audio, video, and text data
information. This information can come from cable television, satellite, Intemet, centralized
videotape players, centralized videodisc players, or any computer within the school. The
system has the capability to allow teachers to schedule use of school resources from their
classrooms. Teachers and students will also have the ability to communicate with each
other within and between classrooms through videoconferencing, voice intercom, or e-mail.
Elementary_ School Technolo~_y Review
Elementary schools throughout the Roanoke City Public School Division have
access to computers and software that allow students to learn through real-life simulations.
For example, students can operate and manage a grocery store or a bank through the
software. Through experiencing such simulations, students learn to give correct change,
balance a checkbook, and begin to understand factors that influence day-to-day operations
of business. Each elementary school has access to software that provides students
RCPS Technology Synopsis
Page 4
fundamental typing lessons. These lessons encourage proper typing skills and placement
of fingers on the keyboard. Painting, drawing, and animation programs allow students to
express themselves artistically by combining colors, shapes, and forms with motion.
ThroUgh assistance from a State technology grant all elementary schools are in the
process of automating their library resources. This project will be complete by December
1996. When complete, students will have access to the same library services found at the
high school and middle school level.
Roanoke City_ Public Schools Technolo_~y Review
Across the Roanoke City Public School Division technology is influencing the way
the business of education is conducted. Traditional methods of instruction typically provide
students access to only small amounts of information. The student in the information age
will require access to ever increasing amounts of information -- information that is'readily
available only through the use of technology. This requires proper planning, maintenance
and training.
Students in the Roanoke City Public Schools benefit from a Iow student-to-computer
ratio. Nationally, this ratio is 35 students to I computer. Our goal is 5 students to 1
computer. During the 1995-1996 school year, the overall student-to-computer ratio was
approximately 8 to 1. Twelve schools attained a student-to-computer ratio of 5 to 1.
As part of the Roanoke City Public Schools Strategic Long-Range Technology Plan,
networks were installed in the administrative offices at each of the schools. A Wide Area
Network (or WAN) to link each of these schools and the central administration building is
planned for the 1996-1997 school year. These networks will allow for increased levels
of communication and information access within and between the schools and the central
administration.
Support for the 4,509 computer systems in the Division is essential to the on-going
instructional process. A student employee program provided much of this support. Six to
eight students were employed dudng the 1995-1996 school year. During this period they
successfully addressed 5,112 service requests. These requests included 2,918 software
installations, 2,128 hardware requests and 66 programming requests. Student employees
also assisted in technology training sessions offered through the Division.
Dudng the 1995-1996 school year a new technology training facility was constructed
in the Central Administration Building. This facility is used to do small group technology
training of employees. The facility is also being used by the City to train City employees
in computer applications. During the 1995-1996 school year, 3,036 employees received
technology training in one or more of 163 training opportunities offered. This represents
a 80% increase over the 1994-1995 school year.
As part of the Roanoke City Schools Strategic Long-Range Technology Plan, a core
of technology skills was developed for faculty and staff. All employees are expected to
RCPS Technology Synopsis
Page 5
demonstrate successfully their knowledge of these skills by passing a technology
assessment. 'To date 261 employees have successfully passed this assessment.
These are some of the advances the staff of Roanoke City Public Schools have
made during the past year. As the Division staff looks toward a new millennium, we have
an opportunity to be the weaver of dreams for our children's future. By surrounding our
students with a circle of support and a consistent message emphasizing technology as a
tool to enhance education and life-long learning, we can better prepare the graduating
class of 2006 and beyond for the 21st century, and for a life-time of success.
Mary F. Parker, CMCIAAE
C~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
September 3, 1996
File ~:)6-353
Sandra H. Eakin
Deputy c~y C~erk
W. Robert Herbert
City Manager
Roanoke, Virginia
Karen B. Michalski, Chairperson
Mayor's Committee for the Disabled
1502-D Williamson Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Herbert and Ms. Michalski:
At a regular meeting of the Council of the City of Roanoke held on Monday, August 5,
1996, Ms. Gloda A. Dorma, 3513 Dona Drive, N. W., requested that industry be invited to
locate in Roanoke that will offer employment for qualified disabled persons.
On motion, duly seconded and adopted, the matter was referred to you for study and report
to Council.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc:
Ms. Gloria A. Dorma, 3513 Dona Drive, N. W., Roanoke, Virginia 24017
Stephanie M. Moon, Secretary, Mayor's Committee for the Disabled
Rose M. Woodford, Executive Secretary, City Manager's Office
H:~AGENDA~AUGUST.5
Mary F. Parker, CMCIAAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
August 12, 1996
File f~:)6-353
W. Robert Herbert
City Manager
Roanoke, Virginia
Karen B. Michalski, Chairperson
Mayor's Committee for the Disabled
1502-D Williamson Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Herbert and Ms. Michalski:
At a regular meeting of the Council of the City of Roanoke held on Monday, August 5,
1996, Ms. Gloria A. Dorma, 3513 Dona Drive, N. W., advised that the disabled community
is growing and these individuals are having difficulty finding employment and requested
that Council encourage local industries to hire qualified disabled persons.
On motion, duly seconded and adopted, the matter was referred to you for study and report
to Council.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
pc:
Ms. Gloria A. Dorma, 3513 Dona Drive, N. W., Roanoke, Virginia 24017
Stephanie M. Moon, Secretary, Mayor's Committee for the Disabled
Rose M. Woodford, Executive Secretary, City Manager's Office
H:~AGENDA~AUGUST. 5
Gloria A. Dorma
3513 Dona Drive N.W.
Roanoke, Virginia 24017
Phone: 982 2791
Date: July 19,1996
I am requesting to be placed on the agenda on Aug.5, 1996.
to present information to justify requesting Council to investigate
the possibility of contacting Cooperations to start
small industries to create jobs for the sight, hearing, and
physical impaired.
Virginia Tech, Virginia Western, and Goodwill Ind. have/are
producing ECO's, Management, Middle Management, keyboarding
operators who qualify to enter data into the systems for the hard
of hearing, and other jobs for the adult worker, as they may earn
their living.
On Aug, 5,1996 I will present documentation that will show current
status of availability of jobs for the handicapped in the valley;
documentation showing need for jobs for the disabled; Methods of
getting these jobs into the Roanoke area, also a action plan.
I am looking forward to this council session.
Gloria A. Dorma
CITY OF ROANOKE
MEMORANDUM
TO:
FROM:
DATE:
The Honorable Linda F. Wyatt, Vice-Mayor
Mayor David A. Bowers
July 23, 1996
Ms. Gloria Dorma has advised me she is coming to the City Council
meeting on Monday, August 5, 1996, to talk about the need for
developing job placement opportunities for the disabled.
I met with her in the Mayor's Office on July 23, along with Phil
Sparks, Chief of Economic Development, and Phil will be at the
Council meeting on August 5 for an administrative response.
DAB: js
Gloria A. Dorma
3513 Dona Drive N.W.
Roanoke,Virginia 24018
Aug5, 1996
RE: Request to study the possibility
of bringing New industry into the
Roanoke Valley.
I am respectfully requesting a study for the possibility of bringing
in Industry into Roanoke that will be an assessable work place for
the handicapped adult worker.
I included in my request to appear before you today the following
places of training / higher education: Virginia Western Community;
Virginia Tech; Tinker Mountain are training the handicapped worker
for positions in computers, management, middle management, the hourly
wage earner, and yes, in professional fields.
The employer and the general public are not always educated to the
equipment that is available to the handicapped worker; There are
CCTV available that blow up copy as the near blind user may enter
copy; Voice synthesizer, with zoomtech caplebilities and voice
commands. There are lapel mikes that has cablebilities to amplify
the special hearing aids. There are of course language /sign
interpreter. There is equipment for the various physical handicapped
people.
Roanoke has work sites for the handicapped worker, however this is
not suited for all handicapped worker. These work sites are in a
controlled atmosphere,with very low pay scale. I am asking you to
bring in industry that will hire people according to their skills,
and pay according to their abilities, and pay a living wage.
I am asking permission to submit a cooperate list to this council to
extend the invitations.
I will entertain any questions at this time.
THANK YOU
JOHN R. VAUGHN
COMMISSIONER
COMMONWEALTH of VIRQINIA
Department of Rehabilitative Services
3433 Brambleton Ave., SW
Roanoke, Virginia 24018
July 24, 1996
Gloria Dorma
Green Thumb Volunteer
425 W. Campbell Avenue
Roanoke, VA. 24016
Dear Gloria,
Listed below is the information you requested on job placements and earnings for DRS
clients over the past four (4) years. This is as far back as my records went. These figures
are for the Roanoke DRS offices and it serves all of Planning District Five. "Placed"
means in competitive job.
Placed Avg. Weekly Earnings
Fiscal Year 7/92 - 6/93 113 $162
7/93 - 6/94 98 $152
7/94 - 6/95 156 $164
7/95 - 6/96 115 $212
If you need additional information,' Please call me at (540)776-2740.
Sincerely,
Dan Semones
Human Service Manager
Gloria A. Dorma
3513 Dona Drive N.W.
Roanoke, Virginia 24017
Phone: 982 - 2791
Date: July 19,1996
I am requesting to be placed on the agenda on Aug.5, 1996.
to present information to justify requesting Council to investigate
the possibility of contacting Cooperations to start
small industries to create jobs for the sight, hearing, and physical
impaired.
Virginia Tech, Virginia Western, and Goodwill Ind. have/are
producing ECO's, Management, Middle Management, keyboarding operators
who qualify to enter data into the systems for the hard of hearing,
and other jobs for the adult worker, as they may earn their living.
On Aug, 5,1996 I will present documentation that will show current
status of availability of jobs for the handicapped in the valley;
documentation showing need for jobs for the disabled; Methods of
getting these jobs into the Roanoke area, also a action plan.
I am looking forward to this council session.
Gloria A. Dorma
from the desk
of
President of the REA
308 Ashley Court Vinton, VA 24179 502 10th Street, SE Roanoke, VA 24013
home phone (540) 985-0856 work phone (540) 981-2535
Ma~ior Bowers - Ladies and Gentlemen of City Council - Good Afternoon.
My name is Gary Stultz President of the Roanoke Education Association and teacher
at Fallon Park Elementary. I am here today to give the Association's support to Mr. Joe
Nash who is wanting to fill Rev. Nelson Harris's seat on the Roanoke City School Board.
We recommend Mr. Nash because we feel he is the best candidate for the position.
Having five children in our school system at the present time he Is in touch with the issues
of our schools.
Mr. Nash was interviewed by the Roanoke Education Association Political Action
Committee during his attempt to serve on City Council and was backed by the Association
at that time because of his management knowledge with Adams Construction Company,
his goal to improve the Roanoke City School System, and his willingness to serve the
public.
I hope that each of you will be willing to help support the school system by
supporting Mr. Joe Nash as the new School Board member.
Thank you for your time!
Gary Stultz
August 5, 1996
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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Depdty City Clerk
July 22, 1996
File
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
The deadline for receipt of applications for appointment to the Roanoke City School Board
to fill the unexpired term of C. Nelson Herds, resigned, ending June 30, 1998, was Friday,
July 19 at 5:00 p.m. I am pleased to provide you with copy of the following applications:
Harry F. Davis and Joseph F. Nash, Jr.
A public headng will be held at the regular meeting of Council on Monday, August 5, 1996,
at 2:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of
citizens. The vacancy will be filled at the regular Council meeting on Monday, August 19,
1996, at 2:00 p.m.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke. Virginia 24011-1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
July 1, 1996
The Honorable Vice'Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I am enclosing copy of Section 9-23 of the Code of the City of Roanoke (1979), as
amended, with regard to the filling of a vacancy on the Roanoke City School Board not
caused by ordinary expiration of term.
As you know, The Reverend C. Nelson Harris will officially take his seat as a Member of
the Roanoke City Council on Monday, July 1, 1996, at the Council's Organizational
Meeting. On Monday, June 17, 1996, Council accepted Reverend Harris' resignation,
effective June 30, 1996. Therefore, it will be necessary for Council to fill his unexpired
term ending June 30, 1998.
Your consideration of the following proposed schedule is requested:
July 1, 1996
2:00 p.m.
Council authorize a Public Notice to be advertised
in The Roanoke Time-~ and The Roanoke Tribun,~
announcing the vacancy
July 5, 1996
Advertise public notice
July 19, 1996
Deadline for receipt of applications
July 26, 1996
Advertise notice of public hearing to receive the
views of citizens
H:ICOI. J NCIL~IARRIS.WPO
The Honorable Vice-Mayor and Members
of the Roanoke City Council
July 1, 1996
Page 2
August 5, 1996
2:00 p.m.
Public hearing on appointment
August 19, 1996
2:00 p.m.
Election of School Board member
The concurrence of Council in the proposed schedule will be appreciated.
Best personal regards.
Sincerely,
David A. Bowers
Mayor
DAB:MFP:sm
Enc.
NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA, TO RECEIVE THE VIEWS OF CITIZENS
REGARDING APPOINTMENT OF A SCHOOL BOARD TRUSTEE TO FILL
THE UNEXPIRED TERM OF C. NELSON HARRIS, RESIGNED, ENDING
JUNE 30, 1998
The Council of the City of Roanoke will hold a public hearing at its regular meeting
on Monday, August 5, 1996, at 2:00 p.m., or as soon thereafter as the matter may be
heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215
Church Avenue, S. W., to receive the views of citizens regarding appointment of a School
Board Trustee to fill the unexpired term of C. Nelson Harris, resigned, ending June 30,
1998. Candidates for the position are: Harry F. Davis and Joseph F. Nash, Jr.
The vacancy will be filled at the regular meeting of Roanoke City Council to be held
on Monday, August 19, 1996, at 2:00 p.m., in the Roanoke City Council Chamber.
Mary F. Parker
City Clerk
NOTE TO PUBLISHER:
Publish in full once in the Roanoke Tribune on Thursday, August 1, 1996.
Send publisher's affidavit and
bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
477
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
May 6, 1996
12:30 p.m.
The regular meeting of the Council of the City of Roanoke was called to order
on Monday, May 6, 1996, at 12:30 p.m., in the City Council Chamber, fourth floor of
the Municipal Building, 2t5 Church Avenue, S. W., City of Roanoke, the regular
meeting hour, with Mayor David A. Bowers presiding, pursuant to Rule 1, Re_~ular
Meetin~_s. of Section 2-15, Rules of Procedure, Code of the City of Roanoke (1979),
as amended.
PRESENT: Council Members William White, Sr., Linda F. Wyatt, Elizabeth T.
Bowles (arrived at 12:40 p.m.), Wendell H. Butler, Delvis O. McCadden, John H.
Parrott and Mayor David A. Bowers ................................................................. 7.
ABSENT: None ................................................................................... 0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
At 12:35 p.m., the Mayor declared the meeting in recess.
At 12:40 p.m., the meeting reconvened in the Emergency Operations Center
Conference Room, Room 159, Municipal Building South, 215 Church Avenue, S. W.,
Roanoke, Virginia, with Mayor Bowers presiding, and all Members of the Council in
attendance.
COUNCIL-NEIGHBORHOOD ORGANIZATIONS-ROANOKE NEIGHBORHOOD
PARTNERSHIP: The Mayor advised that the Council was pleased to meet with the
Roanoke Neighborhood Partnership Steering Committee to discuss matters of
mutual interest and concern to the City.
The following members of the Roanoke Neighborhood Steering Committee
and City staffwere in attendance: Judy A. Bower, Lenora V. Williams, Louis E. Ellis,
William E. Skeen, Richard S. Winstead, Charles W. Hancock, Ronald H. Miller,
Allen T. Wilson, David K. Lisk, Martin D. Jeffrey, Viola N. Campbell, Lular R. Lucky,
John R. Marlles and Mariam K. Alam.
Others present were Lewis W. Perry and Estelle H. McCadden.
478
Richard S. Winstead, Chairman, Roanoke Neighborhood Partnership Steering
Committee, expressed appreciation to Council for meeting with the Steering
Committee, and called upon Madam K. Alam, Partnership Coordinator, for remarks
on behalf of the Committee.
(See remarks on file in the City Clerk's Office.)
The Chairman called attention to three vacancies on the Steering Committee
and requested that they be filled as soon as possible. Mr. Wilson requested that
Council consider the appointment of a Council Member liaison to serve on the
Steering Committee.
Following remarks by Members of Council and other Members of the Steering
Committee, the Mayor declared the meeting in recess at 1:45 p.m., to be reconvened
at 2:00 p.m., in the City Council Chamber, fourth floor of the Municipal Building.
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 1:45 p.m., the Mayor declared the meeting in recess until 2:00 p.m.
At 2:00 p.m., the regular meeting of Council reconvened in the Roanoke City
Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with the following Council Members in attendance:
PRESENT:
Bowles, Wendell
David A. Bowers
Council Members William White, Sr., Linda F. Wyatt, Elizabeth T.
H. Butler, Delvis O. McCadden, John H. Parrott and Mayor
'7.
ABSENT: None ................................................................................. -0.
OFFICERS PRESENT: W. Robert Herbert, City Manager; James D. Ritchie, Sr.,
Assistant City Manager; Wilburn C. Dibling, Jr., City Attorney; James D. Grisso,
Director of Finance; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
479
ACTION:
ACTION:
ACTION:
ACTION:
PROCLAMATIONS-TOURISM: The Mayor presented a
Proclamation declaring May 4 - 19, 1996, as Virginia Heritage Tourism
Weeks in the City of Roanoke.
(See Proclamation on file in the City Clerk's Office.)
OATHS OF OFFICE-COMMITTEES-SCHOOLS: The Mayor
advised that on July 1, 1996, there will be two vacancies on the
Roanoke City School Board, created by expiration of the terms of office
of Charles W. Day and Finn D. Pincus. He further advised that pursuant
to Section 9-21, Publi;; Interview of Candidates, of the Code of the City
of Roanoke (1979), as amended, Council conducted interviews with the
following persons on Thursday, April 25, 1996, at 6:00 p.m., in the City
Council Chamber:
Charles W. Day
Martin D. Jeffrey
James K. Lowe, Jr.
Brian J. Wishneff
Pursuant to Section 9-22, Elections, of the Code of the City of
Roanoke (1979), as amended, which provides that on or before May 15
of each year, Council must hold an election to fill certain upcoming
vacancies on the Roanoke City School Board, the Mayor opened the
floor for nominations to fill the vacancies:
Mr. White placed in nomination the names of Charles W. Day,
Martin D. Jeffrey, James K. Lowe, Jr., and Brian J. Wishneff.
There being no further nominations, the following vote was
recorded:
FOR MR. DAY: Council Members White, Bowles, Butler and
Mayor Bowers. 4.
FOR MR. JEFFREY: Council Members Wyatt and Butler-------2.
FOR MR. LOWE: Council Members McCadden and Parrott-----2.
FOR MR. WISHNEFF: Council Members White, Wyatt, Bowles
and Mayor Bowers 4.
480
ACTION:
Based on the aboverecorded vote, the Mayor declared Charles W.
Day and Brian J. Wishneff as Trustees of the Roanoke City School
Board for terms of three years each commencing July 1, 1996, and
ending June 30, 1999.
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;
whereupon, Mr. McCadden requested that Item C-3, a communication
from the Mayor requesting the support of Council in opposing
cancellation of the connection from Roanoke to Clifton Forge for
Amtrak service, be removed from the Consent Agenda for discussion
as a separate item. The Mayor called specific attention to two requests
for Executive Sessions to discuss a matter of probable litigation being
a claim of the City for money owed to the City; and to discuss
personnel matters with regard to vacancies on various authorities,
boards, commissions and committees appointed by the Council.
MINUTES: Minutes of the regular meetings of Council held on
Monday, February 5, 1996, and Tuesday, February 20, 1996, were before
the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mrs. Bowles moved that the reading of the Minutes be dispensed
with and that the Minutes be approved as recorded. The motion was
seconded by Mr. McCadden and adopted by the following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers --7.
NAYS: None ........ -0.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council meet in Executive Session to discuss
personnel matters relating to vacancies on various authorities, boards,
481
ACTION:
ACTION:
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.)
Mrs. Bowles moved that Council concur in the request of the
Mayor to convene in Executive Session to discuss personnel matters
relating to vacancies on various authorities, boards, commissions and
committees appointed by the Council, pursuant to Section 2.1-344
(A)(1), Code of Virginia (1950), as amended. The motion was seconded
by Mr. McCadden and adopted by the following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ..................................................................... 0.
PURCHASE/SALE OF PROPERTY-CITY PROPERTY-HOUSING/
AUTHORITY-CHURCHES-STREETS AND ALLEYS: A report of the City
Manager advising that completion of the Second Street/Gainsboro
Road Project is anticipated to occur within the next 12 months; and
upon completion of a project, or sooner, it is not uncommon for private
property owners that are adjacent to residue parcels of land owned by
the City, as well as residual rights-of-way, to express interest in
acquisition of these areas, which areas are usually of such size or
configuration that they are of little or no value to the City, was before
Council.
It was further advised that early in the Second Street/Gainsboro
Road Project design process, First Baptist Church on North Jefferson
Street expressed interest in acquiring the residual area between its
property and the new roadway, which was supported and
recommended by City staff; First Baptist Church is now interested in
having the process initiated, and City staff will proceed with plat
preparation and other necessary steps in the near future, after which
Council will be requested to approve conveyance of the areas.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. McCadden and adopted by the following
vote:
482
ACTION:
ACTION:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers --7.
NAYS: None ............................................................... -0.
PURCHASE/SALE OF PROPERTY-TAXES-DELINQUENT TAXES:
A report of the City Attorney advising that on April 23, 1996, $28,092.56
was collected as a result of a suit instituted and pursued to collect
delinquent real estate taxes from Stonehenge North, Inc., on property
located at 3~~. Clare Avenue, S. W., identified as Official Tax No.
5070307; and Stonehenge had not paid real estate taxes since
acquisition of the property in October 1987, was before Council.
He outlined the events in the City's eventually successful
endeavor to sell the abovereferenced real estate and to collect
delinquent taxes.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that the report be received and filed. The
motion was seconded by Mr. McCadden and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers -7.
NAYS: None ................................................................... 0.
OATHS OF OFFICE-COMMITTEES-MENTAL HEALTH SERVICES-
BLUE RIDGE COMMUNITY SERVICES: A communication from Dr.
Fred P. Roessel, Jr., Executive Director, Blue Ridge Community
Services, requesting that the City of Roanoke concur in the
appointment of The Reverend William L. Lee, 4139 Appleton Avenue,
N. W., as an at-large member of the Board of Directors, for a term
ending December 31, 1998, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request. The
motion was seconded by Mr. McCadden and adopted by the following
vote:
483
ACTION:
ACTION:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ...................................................................... 0.
OATHS OF OFFICE-COMMITTEES-BUILDINGS/BUILDING
DEPARTMENT-ROANOKE CIVIC CENTER: The following reports of
qualification were before Council:
Walter M. Fizer as a member of the Building Code Appeals
Board, Building Construction Division (Volume I), for a
term ending September 30, 1997; and
M. R. Kahn as a member of the Roanoke Civic Center
Commission, to fill the unexpired term of W. Alvin Hudson,
resigned, ending September 30, 1996.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mrs. Bowles moved that the reports of qualification be received
and filed. The motion was seconded by Mr. McCadden and adopted by
the following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ...................................................................... 0.
COUNCIL: A report of the City Attorney requesting that Council
meet in Executive Session to discuss a matter of probable litigation
being a claim of the City for money owed to the City, pursuant to
Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before
the body.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss a matter of
probable litigation being a claim of the City for money owed to the City,
pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
484
ACTION:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None. 0.
REGULAR AGENDA
BUSES-LEGISLATION-AMTRAK: A communication from Mayor
David A. Bowers requesting Council's support in opposing cancellation
of the bus connection from Roanoke to Clifton Forge for Amtrak
service, and that the matter be referred to the City Attorney for
preparation of the proper measure requesting that Amtrak reinstate the
service, was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Mr. McCadden stated that if a profit is not being realized, it would
be understandable that Amtrak bus service would be discontinued and,
therefore, the City should not oppose cancellation of bus service from
Roanoke to Clifton Forge; whereupon, he moved that Council take no
action.
The Mayor ruled the motion out of order.
The Mayor then relinquished the Chair to the Vice-Mayor.
Mayor Bowers moved that the communication be referred to the
City Attorney for preparation of the proper measure. The motion was
seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Butler, White and
Mayor Bowers. 4.
NAYS: Council Members Wyatt, McCadden and Parrott
At this point, the Mayor took the Chair.
HEARING OF CITIZENS UPON PUBLIC MATTERS:
BUDGET-PENSIONS: Clarence R. Martin, President, Roanoke
City Retirees Association, requested that City retirees be granted
permanent pay increases as opposed to lump sum payments.
485
ACTION:
Mr. Parrott moved that the remarks be received and filed and that
the matter be referred to 1996-97 budget study for discussion. The
motion was seconded by Mr. McCadden and adopted.
OTHER HEARINGS OF CITIZENS: None.
PETITIONS AND COMMUNICATIONS:
BUDGET-STATE COMPENSATION BOARD-COMMONWEALTH'S
ATTORNEY: A report of the Honorable Donald S. Caldwell,
Commonwealth's Attorney, advising that the Commonwealth's
Attorney's 1994-95 budget request which was submitted to the State
Compensation Board did not include funding for data processing
equipment; the State Compensation Board has approved the transfer
of unexpended personnel funds totalling $27,549.00 for the purchase
of data processing equipment; and the Commonwealth's Attorney's
1995-96 budget as approved by Council did not provide funding for
data processing equipment expenses, was before the body.
The Commonwealth's Attorney recommended that Council
accept data processing equipment funding, as follows:
Appropriate the State Compensation Board approved
funds, in the amount of $27,549.00, to the following
accounts in the Commonwealth's Attorney's budget:
Expendable Equipment (<$1,000.00),
Account No. 001-026-2210-2035
$ 298.00
Furniture and Equipment (>$1,000.00),
Account No. 001-026-2210-9005
27,251.00
Increase the revenue estimate for shared expenses,
Commonwealth's Attorney, Account No. 001-020-1234-
0610, in the amount of $27,549.00.
A report of the City Manager concurring in the recommendation
of the Commonwealth's Attorney was also before Council.
(For full text, see reports on file in the City Clerk's Office.)
Dr. Butler offered the following emergency budget ordinance:
486
ACTION:
(#32895-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 313.)
Dr. Butler moved the adoption of Ordinance No. 32895-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers --7.
NAYS: None
COMMISSIONER OF REVENUE-STATE COMPENSATION BOARD-
CITY EMPLOYEES: A report of the Honorable Marsha Compton Fielder,
Commissioner of the Revenue, advising that the State Compensation
Board currently reimburses the City for one-half of State-approved staff
salaries in the Office of the Commissioner of the Revenue, with each
position having been assigned a certain grade and salary by the
Compensation Board for reimbursement purposes; staff in the
Commissioner of the Revenue's Office are also classified within the
City's pay and classification plan and paid accordingly; and the City
salary received by these employees exceeds the salary prescribed by
the Compensation Board because of the failure of the State to
substantially increase employee salaries in recent years.
It was explained that a position in the Commissioner of the
Revenue's Office was approved for reclassification by the State
Compensation Board, which position was upgraded from a Deputy I to
a Deputy III based on responsibilities and duties, resulting in an
increase in the amount that will be reimbursed by the State.
The Commissioner of the Revenue recommended that Council
approve the reclassification according to the State Compensation
Board's pay plan from a Deputy I to a Deputy III and accept additional
reimbursement as provided by the reclassification.
(For full text, see report on file in the City Clerk's Office.)
487
Mr. McCadden offered the following resolution:
(#32896-050696) A RESOLUTION concurring in reclassification
by the State Compensation Board of a position in the Office of
Commissioner of the Revenue.
(For full text of Resolution, see Resolution Book No. 58, page 314.)
ACTION:
Mr. McCadden moved the adoption of Resolution No. 32896-
050696. The motion was seconded by Mr. Parrott and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ...................................................................... 0.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-INSURANCE-PERSONNEL DEPARTMENT: The City
Manager submitted a written report advising that the City is entirely
self-insured as to automobile liability and miscellaneous general
liability claims; and pursuant to Section 2-181.1, Code of the City of
Roanoke (1979), as amended, $250,000.00 is designated for self-
insurance annually, if available, provided that the reserve for self-
insured liabilities shall not exceed three per cent of the annual General
Fund budget; as of June 30, 1995, the designated portion of the fund
balance for self-insurance reserve totalled $2,216,770.00; and funding
in the amount of $78,800.00 has been budgeted to cover claims against
the City.
It was explained that projected expenditures for fiscal year 1996
total $195,196.83, which increased amount is based primarily on a
single motor vehicle accident that cost $58,157.66 and on numerous
ACTION:
minor motor vehicle accidents which have occurred at a higher
frequency than in the previous four years; and the major accident
($58,157.66) occurred when a City truck hit the 1-581 bridge over Orange
Avenue.
The City Manager recommended that Council authorize
appropriation of $105,349.00 to Account No. 001-002-1262-2172 and
$11,048.00 to Account No. 001-002-1262-2179 from the Self-Insured
Reserve Fund.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget ordinance:
(#32897-050696) AN ORDINANCE to amend and reordain certain
sections of the t 995-96 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 315.)
Mrs. Bowles moved the adoption of Ordinance No. 32897-050696.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers 7.
NAYS: None ................................................................... 0.
BUDGET-PUBLIC WORKS-CMERP-EQUIPMENT-STREETS AND
ALLEYS: The City Manager submitted a written report advising that the
Capital Maintenance and Equipment Replacement Program has
identified the need to replace one articulating rubber tired loader in the
Street Maintenance Department; whereupon, the City Manager
recommended that Council concur in the following actions:
authorize issuance of a purchase order to Baker Brothers,
Inc., for one new rubber tired loader, at a cost of
$8O,89O.0O;
489
ACTION:
ACTION:
transfer $80,890.00 from General Fund Capital
Maintenance and Equipment Replacement Program to
Fleet Management, Account No. 017-052-2642-9010; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following emergency budget ordinance:
(#32898-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 316.)
Ms. Wyatt moved the adoption of Ordinance No. 32898-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, and Mayor Bowers ..................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott abstained from voting.)
Ms. Wyatt offered the following resolution:
(#32899-050696) A RESOLUTION accepting the bid for the
purchase of a Rubber Tired Loader from Baker Brothers, Inc., upon
certain terms and conditions; and rejecting all other bids made for such
items.
(For full text of Resolution, see Resolution Book No. 58, page 318.)
Ms. Wyatt moved the adoption of Resolution No. 32899-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
4 9 0
ACTION:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden and Mayor Bowers 6.
NAYS: None ................................................................ -0.
(Council Member Parrott abstained from voting.)
PARKS AND RECREATION-YOUTH: The City Manager submitted
a written report advising that the Northwest Recreation Club has
requested permission to construct a permanent addition to an existing
City-owned concession/storage building at Westside ballfield behind
the existing baseball backstop; and similar concession/storage
facilities have been constructed and are successfully operated by other
City recreation clubs, including Williamson Road (Breckinridge Field),
Southeast (Jackson Park), and Wilmont (Strauss Park) Recreation
Clubs.
It was explained that Council's authorization is required prior to
allowing construction of a permanent building on City or School
property; representatives of the Roanoke City Public Schools are aware
of the request and are in favor of the proposed addition to the existing
building; and the Northwest Recreation Club has raised approximately
$20,000.00 for material costs and received assurances for gratis
construction assistance.
The City Manager recommended that Council approve the
request of the Northwest Recreation Club to construct a permanent
addition to an existing City building at Westside ballfield, subject to a
written contract.
(For full text, see report on file in the City Clerk's Office.)
Mr. McCadden moved that the following ordinance be placed
upon its first reading:
(#32900) AN ORDINANCE authorizing the City Manager to enter
into an agreement authorizing the Northwest Recreation Club to
construct a permanent addition to an existing structure at the Westside
ballfield, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 372.)
491
The motion was seconded by Mrs. Bowles and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ..................................................................... -0.
TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-
STREETS AND ALLEYS: The City Manager submitted a written report
advising that at a regular meeting of Council on Monday, April 15, 1996,
E. Jeanette Manns, Co-Chairperson, Washington Park Neighborhood
Alliance, addressed Council with regard to the need for sidewalks, curb
and gutter, and a traffic signal at Tenth Street and Hunt Avenue, N. W.;
in response, Council requested a report with regard to the City's
priority list for traffic signals, the projected timetable for installation of
the next five traffic signals included on the priority list, the status of the
Tenth Street traffic signal, an updated Tenth Street traffic count, and the
criteria used in determining whether a traffic signal is justified at a
specific location; and Council further requested that representatives of
the City meet with representatives of the Washington Park
Neighborhood Alliance to explain the criteria for traffic signalization;
whereupon, the City Manager submitted information with regard to the
following:
traffic signal criteria,
results of previous studies at Tenth Street/Hunt Avenue,
results of the new study at Tenth Street/Hunt Avenue, and
current ranking of intersections eligible for signalization.
In summary, the City Manager explained that for the first time, the
intersection of Tenth Street and Hunt Avenue, N. W., now meets the
criteria for signalization; the intersection has now been ranked No. 9
out of the 23 intersections in Roanoke that meet the criteria for
signalization; and funding to implement the proposed traffic signal will
be subject to the next bond issue, or will be included in a proposed
Tenth Street improvement project.
(For full text, see report on file in the City Clerk's Office.)
492
E. Jeannette Manns, 1826 Tenth Street, N. W., Co-Chair,
Washington Park Neighborhood Alliance, expressed concern that a
traffic light is needed on Tenth Street now for the safety of persons
living in the area.
The Reverend Clinton D. Scott, 1317 Tenth Street, N. W., Co-
Chair, Washington Park Neighborhood Alliance, advised that Tenth
Street residents were told that they could expect a traffic light on Tenth
Street if they were willing to have Tenth Street widened.
Mrs. Margaret L. Scott, 1317 Tenth Street, N. W., called attention
to heavy vehicular and pedestrian traffic on Tenth Street, and stated
that residents are concerned about the widening of Tenth Street, but
the traffic light is needed whether the street is widened or not. She
called attention to the need for curb and gutter in the area of Tenth
Street where the Habitat for Humanity houses are to be constructed.
On behalf of the Council, the Mayor requested that the matter be
given immediate attention by the City Manager and that a plan of action
be submitted to Council for approval.
The Reverend Leonard L. Hines, 3819 Rolling Hills Avenue, N. W.,
called attention to unrest in the City of Roanoke, because citizens feel
that when they have a legitimate complaint, they are quoted rules and
regulations, and they are referred to one City department after another
which leads to frustration. He stated that if Council does not begin to
address the fears and concerns of its citizens, there will be problems
in the City of Roanoke.
Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that citizens
are experiencing frustration and confusion because they are given
conflicting information by City staff.
The City Manager stressed the following points: (1) Considerable
discussion has taken place with regard to how the Tenth Street traffic
light scores against all other traffic lights ranked No. 9 on the priority
list, and advised that the Tenth Street light ranks No. 5 because funding
has already been approved for three lights and a fourth traffic light is
to be financed from bond funds. (2) Council has directed that City staff
hold a series of meetings to address many interests along the Tenth
Street corridor in an effort to deal with the facts. (3) The safety of
pedestrians and vehicular traffic on Tenth Street is of prime concern to
493
ACTION:
ACTION:
the City. He advised that beginning early this summer, discussions will
take place with regard to the City's Capital Improvements Program and
the Tenth Street issue will be measured against other capital issues
facing the City. He explained that Council has long acknowledged that
traffic is growing in the area of the Tenth Street corridor, and any
development that takes place through the area will receive State
funding at 98 per cent.
Without objection by Council, the Mayor advised that the report
of the City Manager would be received and filed.
TRAFFIC-COMPLAINTS-NEIGHBORHOOD ORGANIZATIONS-
STREETS AND ALLEYS: The City Manager submitted a written report
advising that a petition signed by approximately 1,067 persons
requesting installation of a traffic light at the intersection of Hollins
Road and Liberty Road, N. E., was presented to Council at its regular
meeting on Monday, March 18, 1996; and in response to similar
requests in 1989, 1991, and 1995, traffic signalizations were conducted
at the intersection, and each of the studies of the intersection met the
warrants for a new traffic signal, but the ranking of this intersection,
among a list of other warranted traffic signals, was consistently in the
lower half of the list.
It was further advised that in response to the request of Council,
a new study of the intersection at Hollins Road and Liberty Road, N. E.,
was completed on Tuesday, April 2, 1996, and the study which recorded
all vehicle maneuvers and pedestrian crossings at the intersection
between 7:00 a.m. and 7:00 p.m., and again met the warrants for
signalization; however, it should be noted that the warrant for traffic
accidents was not met.
The City Manager explained that the intersection should continue
to be considered for future funding for signalization; widening of
Hollins Road on both approaches to Liberty Road will be necessary to
create left-turn storage lanes, which will likely result in a cost in excess
of the average $100,000.00 needed for signalization; and funding to
implement the proposed traffic signal will be subject to the next bond
issue.
(For full text, see report on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the report
would be received and filed.
494
ACTION:
ACTS OF ACKNOWLEDGEMENT-CITY TREASURER: Mr. White
offered the following resolution recognizing the meritorious service
rendered to this City and its people by Gordon E. Peters, City
Treasurer:
(#32894-050696) A RESOLUTION recognizing the meritorious
service rendered to this City and its people by Gordon E. Peters, City
Treasurer.
(For full text of Resolution, see Resolution Book No. 58, page 312.)
Mr. White moved the adoption of Resolution No. 32894-050696.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None. O.
The Mayor presented a ceremonial copy of the abovereferenced
measure to Mr. Peters and a "Crystal Star", which is symbolic of the
star on Mill Mountain, to Mrs. Peters.
At 3:40 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.
BUDGET-TRAFFIC-SEWERS AND STORM DRAINS-STATE
HIGHWAYS-CAPITAL IMPROVEMENTS PROGRAM-UTILITIES-WATER
RESOURCES-STREETS AND ALLEYS: The City Manager submitted a
written report with regard to Brandon Avenue widening from Edgewood
Street, S. W., to the City's west corporate limits, advising that the
project, which is consistent with the 1995-2015 Roanoke Valley Area
Long Range Transportation Plan, was subsequently included in the
Virginia Department of Transportafion's Six-Year Highway Improvement
Program; and the purpose of the project is to relieve existing traffic
congestion on Brandon Avenue between Edgewood Street and the west
corporate limits, which will accommodate anticipated traffic that will be
generated by the proposed Peters Creek Road Extension project that
will intersect Brandon Avenue at Aerial Way Drive.
495
It was further advised that the proposed design of the project
consists of five lanes along the 1.4 mile route, two in each direction
with a continuous left turn lane in the center of the roadway; concrete
curb and gutter and sidewalk will be constructed along both sides of
the entire route, with landscaping; and at its meeting on Monday,
October 11, 1993, Council approved the location and major design
features of the project.
It was explained that bids for project construction were received
by the Virginia Department of Transportation on March 26, 1996; on
April 18, 1996, the Commonwealth Transportation Board awarded a
contract to Branch Highways, Inc., in the amount of $5,671,238.07; the
City needs to execute a City-State Agreement before VDOT will allow
Branch Highways to begin construction, with the City's share totalling
$439,045.55, of which, to date, the City has paid $34,637.72 for
preliminary engineering and right-of-way costs incurred through
February 29, 1996, leaving a balance of $404,407.83 needed for the
City's share of the remaining costs.
The City Manager advised that included in the project is
additional replacement and upgrade of existing water lines that would
not ordinarily have been done as part of the roadway project; the
betterment portion of the improvements will be at City expense, in the
amount of $263,782.18, from Water Fund Previous Years' Retained
Earnings, $3,767.72 is needed from Sewage Fund Previous Years'
Retained Earnings for items related to sanitary sewer adjustments, and
an additional $15,000.00 is needed for separate purchase of three new
traffic signal controllers and cabinets which will meet specialized City
standards to be located at the intersections on Brandon Avenue at
Edgewood Street, Peters Creek Road Extension, and the main entrance
to the former Lee-Hi Shopping Center; and an additional $5,000.00 is
needed for street lighting at the project's connection to Peters Creek
Road Extension.
The City Manager recommended that Council concur in the
following actions:
authorize the City Manager to execute, on behalf of the
City, a City/State Agreement, in a form to be approved by
the City Attorney;
496
ACTION:
authorize the City Manager to execute, on behalf of the
City, all utility agreements for adjustment of water and
sewer facilities for the project;
appropriate $156,857.93 currently available in the
Transfers to Capital, Account No. 001-004-9310-9508, to
Brandon Avenue Widening, Account No. 008-052-9604-
9003; and
appropriate $263,782.18 from Water Fund Previous Years'
Retained Earnings and $3,767.72 from Sewage Fund
Previous Years' Retained Earnings to accounts to be
established in those funds by the Director of Finance.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#32901-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 Capital Projects, Water and Sewage Treatment
Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 318.)
Mr. Parrott moved the adoption of Ordinance No. 32901-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ................................................................... 0.
Mr. Parrott offered the following emergency ordinance:
(#32902-050696) AN ORDINANCE authorizing the City Manager
to enter into an agreement with the Virginia Department of
Transportation for the widening of Brandon Avenue from Edgewood
Street to the west corporate limits, and to execute all utility agreements
for adjustment of water and sewer facilities in connection with the
project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 320.)
497
ACTION:
Mr. Parrott moved the adoption of Ordinance No. 32902-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ...................................................................... 0.
BUDGET-HEALTH DEPARTMENT-PARKS AND RECREATION-
FIRE DEPARTMENT-PUBLIC WORKS-UTILITY LINE SERVlCES-CMERP-
EMERGENCY MEDICAL SERVICES-FLEET MAINTENANCE FUND-
EQUIPMENT: The City Manager submitted a written report advising that
the Capital Maintenance and Equipment Replacement Program has
identified various operational needs for various City departments, as
follows:
Funds designated from Prior Year Capital Maintenance and
Equipment Replacement Program.
Library
Comprehensive Library Study
(City's Share)
$ 15,000.00
Funds designated from Current Year Capital Maintenance
and Equipment Replacement Program.
Parks and Recreation
replace/upgrade fencing and
backstops in parks system
25,000.00
2 - landscape trailers
3,450.00
32 - outdoor deck chairs and 30
outdoor lounge chairs for City pools
7,281.00
playground equipment for Eureka Park 14,792.00
playground supplies and materials
for Eureka Park
10,321.00
498
ornamental iron fencing for Highland
Park
folding tables for recreation centers
Fire/EMS
3 - semi-automatic defibrillators
3 - non-evasive BP monitors
EMS training equipment/supplies
2 - Opticon Units for ambulances
Roanoke City_ Health Department
dental unit including chair and lights
Parkinp Garape
projects to bring facility into compliance
with City Code
$22,500.00
4,472.00
21,000.00
9,000.00
7,000.00
3,200.00
9,558.00
24,507.00
Funds designated from Prior Year Retained Earnings
Account.
Utility_ Line ServicQ~
3 - utility bodies to be mounted on existing
ca blc h ass is 7.250.00
Total $184.331
The City Manager recommended that Council appropriate
$184,331.00, as follows:
$15,000.00 from Prior Year General Fund Capital
Maintenance and Equipment Replacement Program to
Library Account No. 001-054-7310-2010;
$162,081.00 from General Fund Capital Maintenance and
Equipment Replacement Program, as follows:
499
ACTION:
$57,821.00 to Parks and Recreation, Account
No. 001-052-4340-9065;
$18,242.00 to Parks and Recreation Account
No. 00t-052-4340-9015;
$11,753.00 to Parks and Recreation Account
No. 001-052-7110-2035;
$40,200.00 to Fire/EMS Account No. 001-050-
3213-9015;
$9,558.00 to Roanoke City Health Department
Account No. 001-054-5110-9005;
$24,507.00 to Parking Garage Account No.
007-056-8220-2050; and
$7,250.00 from Utility Line Services Prior Year Retained
Earnings Account to Account No. 016-056-2625-9015.
(For full text, see report on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget ordinance:
(#32903-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General, Transportation, and Utility Line
Services Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 321.)
Mrs. Bowles moved the adoption of Ordinance No. 32903-050696.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ...................................................................... 0.
50O
ACTION:
BUDGET-PARKS AND RECREATION-PUBLIC WORKS-CMERP-
FLEET MAINTENANCE FUND-EQUIPMENT: The City Manager
submitted a written report advising that the Capital Maintenance and
Equipment Replacement Program has identified the need for
replacement of mowing tractors in the City's Parks/Grounds
Department; whereupon, the City Manager recommended that Council
concur in the following actions:
authorize the purchase of two new 16-foot rotary mowers
from Virginia Turf and Irrigation Co., at a total cost of
$102,840.00;
transfer $100,000.00 from General Fund Capital
Maintenance and Equipment Replacement Program to
Fleet Management, Account No. 017-052-2641-9015;
transfer $2,840.00 to Fleet Management, Account No. 017-
052-2641-9015, which is currently available in Parks/
Grounds, Account No. 001-052-4340-9015; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Mr. McCadden offered the following emergency budget
ordinance:
(#32904-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 323.)
Mr. McCadden moved the adoption of Ordinance No. 32904-
050696. The motion was seconded by Mr. Parrott and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers --7.
NAYS: None ...................................................................... 0.
501
Mr. McCadden offered the following resolution:
(#32905-050696) A RESOLUTION accepting the bid for the
purchase of two new 16 foot rotary mowers from Virginia Turf and
Irrigation Company, upon certain terms and conditions; and rejecting
all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 58, page 325.)
ACTION:
Mr. McCadden moved the adoption of Resolution No. 32905-
050696. The motion was seconded by Mr. Parrott and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers 7.
NAYS: None ..................................................................... -0.
CITY CODE-CITY EMPLOYEES-LIBRARIES: The City Manager
submitted a written report advising that Chapter 2, Section 2-45, Leave
of absence for educational _oro_arams, Code of the City of Roanoke
(1979), as amended, provides that leave of absence, not to exceed 12
consecutive months for educational purposes, may be granted to a City
employee, upon approval by the City Manager and City Council; the
employee granted such leave of absence shall be compensated in an
amount not exceeding 50 per cent of the rate of compensation received
by the employee at the commencement of the leave; the employee shall
agree to remain in the employment of the City for a period of three
consecutive years following termination of the leave; and as many as
two employees of the City may be granted or be on educational leave
at any one time, provided that the employees shall not be in the same
directorate.
It was explained that the City Library has an employee, Carla L.
James, who is requesting educational leave for the purpose of
obtaining a Master's Degree in Library and Information Science from
the University of North Carolina at Greensboro.
5O2
ACTION:
The City Manager recommended that Council approve a leave of
absence for educational purposes for Carla L. James, Library
Associate, and that he be authorized to enter into a written agreement
establishing the terms and conditions of educational leave with Ms.
James.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#32906-050696) A RESOLUTION approving the granting of a
leave of absence for educational purposes to Carla L. James, an
employee of the City Library.
(For full text of Resolution, see Resolution Book No. 58, page 326.)
Ms. Wyatt moved the adoption of Resolution No. 32906-050696.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None .................................................................. -0.
HUMAN DEVELOPMENT-COMMITTEES-TOTAL ACTION AGAINST
POVERTY-HUMAN RESOURCES COMMITTEE: The City Manager
submitted a written report advising that Total Action Against Poverty
(TAP) has received funding from the City of Roanoke since 1974; until
fiscal year 1986-87, funding for the agency was included in the annual
recommendation to Council by the Citizens Services Committee; in
1987, TAP was removed from the Citizens Services Committee category
and began submitting its budgets directly to the City Manager for
recommendation to Council; and during fiscal year t995-96, Council
approved the reformatting of the Citizens Services Committee into two
committees to review funding requests from cultural and human
service agencies.
It was further advised that the Director of Human Development
and representatives of Total Action Against Poverty met to develop
proposed program services to be provided by TAP on behalf of the
City, which will include the following categories: food and nutrition,
community development, education and employment, Transitional
503
Living Center, offender services, and Women's Resource Center;
performance measures were developed for goals and objectives of the
proposed services included in the contract; and performance measures
will be evaluated to assure delivery of services to Roanoke City citizens
on a monthly, quarterly or annual basis depending on the particular
activity.
The City Manager recommended that he, or his designee, be
authorized to enter into a contract with Total Action Against Poverty to
provide services described in the contract, subject to availability of
funding in the City's fiscal year 1996-97 operating budget.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#32907-050696) A RESOLUTION authorizing the City Manager
to enter into a contract with Total Action Against Poverty (TAP), to
provide certain program services for the City, upon certain terms and
conditions.
(For full text of Resolution, see Resolution Book No. 58, page 326.)
ACTION:
Mr. White moved the adoption of Resolution No. 32907-050696.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler, Parrott
and Mayor Bowers ...................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member McCadden was out of the Council Chamber.)
Theodore J. Edlich, III, Executive Director, Total Action Against
Poverty expressed appreciation for the City's support.
DIRECTOR OF FINANCE:
504
ACTION:
DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The
Director of Finance submitted the financial report for the City of
Roanoke for the month of March 1996.
(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.
CITY CODE-CONSULTANTS REPORTS-PENSIONS-CITY
EMPLOYEES-FIRE DEPARTMENT: The Chairperson and Secretary-
Treasurer, Board of Trustees, City of Roanoke Pension Plan, submitted
a joint written report advising that on Monday, March 4, 1996, Council
referred to the Board of Trustees of the City of Roanoke Pension Plan
a request of the Roanoke Firefightere Association to review actuarial
assumptions and pension benefits for members of the Pension Plan,
the matter was before the body.
It was explained that on April 10, 1996, the City's actuary
presented to the Board a five-year demographic experience review for
the period ending June 30, 1995, which included categories on
Terminations, Deaths, Disabilities, and Early/Normal Retirements and
how actual occurrences of the events compare to the assumptions
used; and following consideration of the actual studies, the Board of
Trustees unanimously approved the following actions:
a change in the interest rate assumption from 7.5 per cent
to 7.75 per cent;
a change in the salary scale assumption from 6.5 per cent
to 5.75 per cent; and
demographic experience review recommendations as
presented by the actuary.
It was further advised that the above actuarial assumptions will
decrease the payroll contribution rate by 1.1 per cent to provide an
estimated $627,000.00 in annual savings; and the comprehensive study
disclosed that in some areas of plan design, the City is more
conservative than the Statewide average, therefore, the Board of
Trustees unanimously recommends the following amendments to the
Roanoke City Code:
505
if the spouse predeceases the retiree, the retiree's pension
allowance shall be increased by the dollar amount
reduced at their retirement;
continue the spousal benefit after remarriage until death
in both retirement systems;
change the definition of the average final compensation to
the highest consecutive 36 months or highest consecutive
three years; and
increase the percentage of unused extended illness leave
balance that employees may convert to creditable service
for retirement calculation from 60 per cent to 75 per cent
(not to exceed one additional year of creditable service
with a maximum benefit of 60 per cent of their average
final compensation).
It was explained that the net change in the payroll contribution
rate is estimated to equal .87 per cent, or $495,900.00, in annual
savings, effective July 1, 1997, to be utilized as recommended by the
City Administration and approved by Council; the Board of Trustees
spent considerable time reviewing the significant financial impact to
the Pension Trust Fund related to permanent cost of living adjustments
(COLA) for retired members; however, the Board strongly recommends
that any future retirement COLA increases be approved on a yearly
basis, and future increases provided should be based on the current
year investment performance above the new actuarial assumed rate of
7.75 per cent and a positive trend between actuarial occurrences and
actuarial assumptions.
The Chairperson and the Secretary-Treasurer, Board of Trustees,
City of Roanoke Pension Plan, endorsed adoption of an ordinance
providing for the abovedescribed recommendations.
(For full text, see joint report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency ordinance:
(#32908-050696) AN ORDINANCE to amend §22.1-2, Definitions,
§22.1-39, Definitions, §22.1-49, O_otional s_~ousal allowance, §22.1-67,
O_otional or modified retirement allowance, and §22.1-68, Pensions to
s_~ouses of retired members or members eligible to retire, Code of the
506
ACTION:
City of Roanoke (1979), as amended, to amend the definition of
"creditable service", to amend the definition of "average final
compensation" for purposes of the Employees' Supplemental
Retirement System (ESRS), to provide for restoration of a member's
retirement allowance under ESRS if such member's spouse
predeceases him or her after the member has selected an optional
spousal allowance and to delete the provision of ESRS that terminates
a spousal allowance upon remarriage of a spouse, to provide for
restoration of a member's modified retirement allowance under the
Employees' Retirement System (ERS) if such member's beneficiary
predeceases him or her after the member has selected a modified
retirement allowance and to provide that a spousal benefit upon the
death of a member of ERS shall continue for the life of the surviving
spouse; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 327.)
Dr. Butler moved the adoption of Ordinance No. 32908-050696.
The motion was seconded by Mr. Parrott.
Richard B. Sarver, President, Roanoke Firefighters Association,
appeared before Council and advised that at the March 4, 1996 Council
meeting, he presented an actuarial review of the City of Roanoke
Pension Plan and suggested two actuarial assumptions, which, if
adopted, would have provided a larger surplus of assets to the City that
could conceivably be used for benefits for City employees. He pointed
out that the Pension Plan Board of Trustees adopted the salary scale
assumption in its entirety; however, the interest rate assumption was
partially adopted which provides an estimated $627,000.00 in annual
savings. Also, at the March 4 meeting, he noted that four alternatives
were presented for use of the assets which would enhance the City's
Pension Plan and only one of the four alternatives is referred to in the
report of the Board of Trustees. He advised that the March 4 requests
presented by the Roanoke Fireflghtere Association are legitimate and
well within the City's ability to grant, and urged that Council instruct the
Pension Plan Board of Trustees to again review the four alternatives
and report to Council at its next meeting.
Mr. Sarver reviewed the following four alternatives:
(1)
a four per cent cost of living adjustment
added to the retirement benefit for all future
retirees;
507
(2)
unreduced joint and 50 per cent survivor
annuity for future ESRS retirees who are
married for one year on the date of
retirement;
(3)
increase ESRS benefit accrual rate from 2.0
per cent to 2.4 per cent of final average
compensation for police and firefighters and
from 2.0 per cent to 21/= per cent for general
employees; and
(4)
reduction of ESRS normal retirement age to
65 with five years of service or (1) 25 years of
service for police and firefighters and (2) 30
years of service for general employees.
Mr. Sarver reviewed a recommendation which was presented to
the Pension Plan Board of Trustees in connection with a deferred
compensation plan for City employees. He explained that the City
currently offers a deferred compensation plan (ICMA) to employees as
an additional option to save pre-tax dollars toward future retirement,
and the City presently provides a contribution of approximately
$61,000.00 per year for 12 of its Council Appointed and Constitutional
Officers; however, no contribution is made on behalf of any of its other
employees to the deferred compensation plan. He requested that
Council consider using the savings from the recommended reduced
payroll contribution rate to match contributions to the City's deferred
compensation plan for all participating City employees with three or
more years of service in a permanent full-time position, which
contribution would be based on the recommended payroll contribution
rate each year and the applicable retirement system. For example:
If the City's total contribution
rate is:
The City will match:
under 11 per cent
under 12 per cent
under 13 per cent
under 14 per cent
14 per cent and higher
$20.00 per pay day
$15.00 per pay day
$10.00 per pay day
$ 5.00 per pay day
$0 per pay day
5O8
Mr. Grisso advised that the Board of Trustees considered all of
the alternatives presented by the Roanoke Firefighters Association, and
the Board went on record not to recommend a permanent cost of living
increase that would occur every year for retirees because regular City
employees cannot be guaranteed a raise every year; and with regard to
an unreduced joint survivor benefit, the Board of Trustees took no
action because it questioned why a married employee should be
entitled to a greater benefit than a single employee. With regard to
Alternatives 3 and 4, he pointed out that the City of Roanoke offers a
competitive retirement benefit for its general employees and its public
safety employees, and he was not aware of another retirement system
in the Commonwealth of Virginia that exceeds the City's Retirement
System. He advised that eliminating the age restriction and allowing
employees to retire when they have 30 years of service would be a
costly provision, and pointed out that under the current retirement
system, public safety employees may retire when they reach 50 years
of age and general employees may retire with 30 years of service and
age 55. With regard to deferred compensation plan contributions by
the City for its employees, he stated that the Board of Trustees
considered the matter to be a fringe benefit, and because there is a
savings recommended in the changing of actuarial assumptions, it was
the consensus that the suggestion should be considered with other
City priorities, therefore, the Board of Trustees did not submit a
recommendation.
At this point, 5:00 p.m., Mr. McCadden returned to the meeting.
Ordinance No. 32908-050696 was adopted by the following vote:
AYES: Council Members White, Wyatt, Bowles, Butler, Parrott
and Mayor Bowers ----6.
NAYS: None------
(Council Member McCadden abstained from voting.)
Ms. Wyatt moved that the four alternatives as set forth by Mr.
Sarver, on behalf of the Roanoke Firefighters Association, be referred
to the Board of Trustees, City of Roanoke Pension Plan, for study and
report to Council.
The motion failed for lack of a second.
5O9
ACTION:
With the concurrence of Council, the Mayor advised that the
proposal presented by the Roanoke Firefighters Association with
regard to deferred compensation plan contributions for City employees
would be referred to the City Manager for study, report and
recommendation to Council.
REPORTS OF COMMITTEES:
EASEMENTS-PUBLIC WORKS-CONSULTANTS REPORTS-
WATER RESOURCES: Vice-Mayor William White, Sr., Chairperson of
the Bid Committee, presented a written report on behalf of the
Committee, in connection with bids received by the City for the
Biological Aerated Filter (BAF) Treatment System Water Pollution
Control Plant Expansion and Upgrade Project, advising that Malcolm
Pirnie, Inc., reviewed the bids and the specifications and information
submitted by Infilco Degremont, Inc., and Krueger, Inc., and
recommended that the City reject all bids, that procurement documents
be modified to clarify specified requirements, and that the project be
readvertised for bids.
The Bid Committee recommended that the City reject all bids, the
reason for which is the unique nature of the BAF system technology
and to allow procurement document specifications to be modified to
further clarify specified requirements for the system so that all potential
bidders will have the opportunity to bid on system requirements
recommended by the City's consultant, Malcolm-Pirnie, Inc.; and that
Malcolm-Pirnie be instructed to revise contract documents and
readvertise the project as soon as possible to include the following:
specify the maximum loading per square foot permitted on
the BAF system; and
permit a reasonable variation in the size of the BAF
system footprint at the site.
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.)
510
Mr. Parrott offered the following resolution:
(#32909-050696) A RESOLUTION rejecting all bids for the
Biological Aerated Filter Treatment System for the expansion and
upgrade of the Water Pollution Control Plant Project.
(For full text of Resolution, see Resolution Book No. 58, page 331.)
ACTION:
Mr. Parrott moved the adoption of Resolution No. 32909-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Buffer,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None O.
BUDGET-TRAFFIC-STREETS AND ALLEYS: Vice-Mayor William
White, Sr., Chairperson of the Bid Committee, presented a written
report on behalf of the Committee, in connection with bids received by
the City for paving and profiling of various streets within the City,
recommending that Council approve the following actions:
award a contract to Adams Construction Co., at a cost of
$1,379,883.00, and establish a contingency, in the amount
of $29,000.00, for a total cost of $1,408,883.00, in a form
acceptable to the Director of Finance;
appropriate $383,097.00 in Capital Maintenance and
Equipment Replacement Program funding to Street
Paving, Account No. 001-052-4120-2010; and
reject all other bids received by the City.
The City Manager submitted a written report advising that the
37,410 tons of asphalt will pave approximately 67 lane miles; the
average number of lane miles paved during a ten-year period is 66.2,
which is greater than the 57 lane-miles desired each year; whereupon,
the City Manager recommended that Council concur in the
recommendation of the Bid Committee.
(For full text, see reports on file in the City Clerk's Office.)
511
ACTION:
ACTION:
Mr. Parrott offered the following emergency budget ordinance:
(#32910-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 331.)
Mr. Parrott moved the adoption of Ordinance No. 32910-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Bowles, Butler, McCadden,
Parrott and Mayor Bowers ........................................................... 6.
NAYS: None ...................................................................... O.
(Council Member Wyatt was out of the Council Chamber.)
Mr. Parrott offered the following emergency ordinance:
(#32911-050696) AN ORDINANCE accepting the bid of Adams
Construction Co., for paving and profiling of various streets, upon
certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for
such work; rejecting ail other bids made to the City for the work; and
providing for the emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 332.)
Mr. Parrott moved the adoption of Ordinance No. 32911-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Bowles, Butler, McCadden,
Parrott and Mayor Bowers ........................................................... 6.
NAYS: None ...................................................................... O.
(Council Member Wyatt was out of the Council Chamber.)
512
ACTION:
EASEMENTS-DONATIONS/CONTRIBUTIONS-PUBLIC WORKS-
WATER RESOURCES-VALLEY VIEW MALL: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee, with regard to
dedication to the City of Roanoke of a water line easement crossing
property of Sears, Roebuck & Co., Valley View Associates Limited
Partnership, Noro-Valley View Associates, Ltd., and Wal-Mart Stores,
Inc.
A staff report advised that development of commercial property
adjacent to Valley View Mall by Wal-Mart Stores, Inc., resulted in the
private construction of a water line to serve the property; construction
of the water line is complete, and the property owner now wishes to
dedicate the water line and easement to the City of Roanoke; and Wal-
Mart Stores, Inc., has requested that the City accept the donation of the
water line and easement serving its property.
The Water Resources Committee recommended that Council
authorize the appropriate City officials to accept the donation of the
water line and easement, in a form acceptable to the City Attorney.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following ordinance be placed upon
its first reading:
(#32912) AN ORDINANCE authorizing acceptance of the
dedication of a certain waterline easement across property located at
or near Valley View Mall in the City of Roanoke, and owned by Sears,
Roebuck and Co.; Valley View Associates Limited Partnership; Noro
Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 374.)
The motion was seconded by Mr. McCadden and adopted by the
following vote:
513
ACTION:
AYES: Council Members Wyatt, Bowles, Butler, McCadden,
Parrott and Mayor Bowers ....................................................... -6.
NAYS: None ...................................................................... 0.
(Council Member White was out of the Council Chamber.)
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-JUVENILE CORRECTIONAL FACILITIES-UTILITIES-WATER
RESOURCES: Council Member Elizabeth T. Bowles, Chairperson of the
Water Resources Committee, presented a written report on behalf of
the Committee, with regard to an easement on City-owned property at
Coyner Springs for Appalachian Power Company.
A staff report advised that development of a new subdivision off
Virginia Route 660 in the Coyner Springs area requires upgrading and
relocation of Appalachian Power Company (APCO) facilities; existing
facilities scheduled to be replaced are located on City-owned property,
and the proposed relocation of these facilities would be closer to
Virginia Route 660, but would still be on City-owned property;
replacement of existing facilities is needed in order to continue to
provide reliable service in the area; and an easement across City-
owned property has been requested by APCO.
The Water Resources Committee recommended that Council
authorize execution of the appropriate document granting a new
easement across City-owned property to Appalachian Power Company
and abandoning unused portions of the existing easement, in
accordance with conditions as set forth in the above staff report.
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles moved that the following ordinance be placed upon
its first reading:
(#32913) AN ORDINANCE authorizing the dedication of a certain
public utility easement to Appalachian Power Company, and the
vacation by Appalachian Power Company of certain portions of an
existing public utility easement across City-owned property located at
Coyner Springs, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 375.)
514
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Wyatt, Bowles, Butler, McCadden,
Parrott and Mayor Bowers ........................................................ 6.
NAYS: None .................................................................. -0.
(Council Member White was out of the Council Chamber.)
PARKS AND RECREATION-CITY PROPERTY-LEASES-BLUE
RIDGE PUBLIC TELEVISION-WATER RESOURCES: Council Member
Elizabeth T. Bowles, Chairperson of the Water Resources Committee,
presented a written report on behalf of the Committee, with regard to a
lease agreement with Blue Ridge Public Television.
A staff report advised that the lease with Blue Ridge E.T.V.
Association for approximately five acres of City-owned property
located adjacent to Virginia Western Community College in Fishburn
Park was authorized in 1966, pursuant to Ordinance No. 17107; and
Blue Ridge E.T.V. Association has operated a broadcasting studio at
the location since that time; the lease is for property donated to the City
for park purposes by the Fishburn family; therefore, consent of the
Fishburn family to lease the property is required; the lease was
extended for an additional ten-year period, pursuant to Ordinance No.
27985 in 1986; Blue Ridge E.T.V. Association is now known as Blue
Ridge Public Television; the current lease expired on April 14, 1996,
and Blue Ridge Public Television has requested a new lease providing
for the same terms and conditions as the current lease.
The Water Resources Committee recommended that Council
authorize execution of a new lease with Blue Ridge Public Television
for approximately five acres of City-owned property in Fishburn Park,
in a form to be approved by the City Attorney, provided that the consent
of the Fishburn heirs is obtained, in accordance with conditions stated
in the staff report, with the term of the lease to be for five years, at a
rate of $1.00 per year, and Blue Ridge Public Television has agreed to
acknowledge the fair market rental value of the property ($6,000.00 per
month) as a contribution.
(For full text, see reports on file in the City Clerk's Office.)
515
ACTION:
Mrs. Bowles moved that the following ordinance be placed upon
its first reading:
(#32914) AN ORDINANCE authorizing and providing for the lease
by the City of five acres of City-owned property in Fishburn Park (the
"Property") to Blue Ridge Public Television, subject to certain terms
and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 375.)
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Wyatt, Bowles, Butler, McCadden,
Parrott and Mayor Bowers .......................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member White was out of the Council Chamber.)
SEWERS AND STORM DRAINS-EASEMENTS-CONDEMNATION
PROCEEDINGS-BONDS/BOND ISSUES-CAPITAL IMPROVEMENTS
PROGRAM-STREETS AND ALLEYS-WATER RESOURCES: Council
Member Elizabeth T. Bowles, Chairperson of the Water Resources
Committee, presented a written report on behalf of the Committee, with
regard to land acquisition for a storm drainage project in Villa Heights,
N.W.
A staff report advised that drainage complaints of standing water
located behind homes on Massachusetts Avenue, N. W., have been
received by the Engineering Department since the early 1980's; a storm
drain plan, estimated to cost $36,000.00, to correct the standing water
has been developed and was reviewed with the Melrose-Rugby
Neighborhood Organization at its meeting on March 12, 1996; and
membership of the Melrose-Rugby Neighborhood Association supports
implementation of the storm drain plan.
It was explained that property rights needed to be acquired are
temporary construction easements and permanent storm drainage
easements from four parcels; authorization is needed to begin title
work, appraisals, negotiations, and closings for acquisition of property
516
ACTION:
rights; and all property rights will be acquired by negotiation where
possible; however, it may be necessary to condemn property interest
where agreement cannot be reached by negotiation or where property
owners are unknown.
The Water Resources Committee recommended that Council
authorize acquisition of permanent storm drainage easements and
temporary construction easements, as required, across properties
identified in the staff report by making offers based on City records, or
individual appraisals, and institute condemnation proceedings as
necessary for the storm drainage project; and transfer $40,000.00 from
the 1992 General Obligation Bond proceeds account, Storm Drains,
Account No. 008-052-9701-9176, to a new Capital Projects Fund account
to be established by the Director of Finance entitled, "Storm Drainage
Project for Villa Heights, N. W."
(For full text, see reports on file in the City Clerk's Office.)
Mrs. Bowles offered the following emergency budget ordinance:
(#32915-050696) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 Capital Projects Fund Appropriations, and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 333.)
Mrs. Bowles moved the adoption of Ordinance No. 32915-050696.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Wyatt, Bowles, Butler, McCadden,
Parrott and Mayor Bowers ...................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member White was out of the Council Chamber.)
Mrs. Bowles offered the following emergency ordinance:
(#32916-050696) AN ORDINANCE providing for the acquisition
of property rights needed by the City for the construction of the Villa
Heights Storm Drainage Project; authorizing the City Manager to fix a
certain limit on the consideration to be offered by the City; providing for
517
the City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 334.)
ACTION:
Mre. Bowles moved the adoption of Ordinance No. 32916-050696.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Wyatt, Bowles, Butler, McCadden,
Parrott and Mayor Bowers .......................................................... 6.
NAYS: None ...................................................................... O.
(Council Member White was out of the Council Chamber.)
BUDGET-CABLE TELEVISION: Council Member John H. Parrott,
Chairperson, Roanoke Valley Regional Cable Television Committee,
presented a written report on behalf of the Committee, advising that the
Committee approved the budget for fiscal year 1996-97 for operation of
the regional Government and Educational Access Station, Roanoke
Valley Television (RVTV), Channel 3, which is operated jointly by the
City of Roanoke, Roanoke County and the Town of Vinton; the Roanoke
Valley Regional Cable Television Committee recommended a fiscal year
1996-97 budget of $154,193.00, compared to a 1995-96 budget of
$123,098.00; and the total budget, in the amount of $154,193.00, must
be approved by the three governing bodies and is based on the
proration of the number of Cox Cable subscribers in each locality, as
follows:
Roanoke City
Roanoke County
Town of Vinton
32,993 (59%)
18,681 (34%)
4,032 (7%)
$90,974.00
52,425.00
10,793.00
It was further advised that the recommended budget for the City
of Roanoke includes $630,000.00 in franchise fees from Cox
Communications, of which 20 per cent totals $126,000.00; and the
City's share of the Roanoke Valley Television budget totals $90,974.00,
which is below the 20 per cent allowable for cable television
operations.
518
ACTION:
On behalf of the City's representatives to the Roanoke Valley
Regional Cable Television Committee, Mr. Parrott recommended
Council's approval of the City's portion of the RVTV fiscal year 1996-97
budget in the amount of $90,974.00.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following resolution:
(#32917-050696) A RESOLUTION approving the recommendation
of the Roanoke Valley Regional Cable Television Committee to approve
the annual operating budget for Fiscal Year t 996-97 for the operation
of the regional government and educational access station-Roanoke
Valley Television (RVTV, Channel 3), and for the City to provide partial
funding.
(For full text of Resolution, see Resolution Book No. 58, page 336.)
Mr. Parrott moved the adoption of Resolution No. 32917-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers -- 7.
NAYS: None ..................................................................... 0.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
ANNEXATION/CONSOLIDATION-PLANNING: Ordinance No.
32891 authorizing the Mayor to execute an Agreement between the
County of Roanoke and the City of Roanoke relating to the boundary
line between said governmental entities, and authorizing certain other
actions relating to such boundary line adjustment, as set forth in a City
Planning Commission report dated April 15, 1996, having previously
been before the Council for its first reading on Monday, April 15, 1996,
read and adopted on its first reading and laid over, was again before
the body, Mrs. Bowles offering the following for its second reading and
final adoption:
519
ACTION:
ACTION:
(#32891-050696) AN ORDINANCE authorizing the Mayor to
execute an Agreement between the County of Roanoke and the City of
Roanoke relating to the boundary line between said governmental
entities, and authorizing certain other actions relating to such boundary
line adjustment.
(For full text of Ordinance, see Ordinance Book No. 58, page 310.)
Mrs. Bowles moved the adoption of Ordinance No. 32891-050696.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ..................................................................... -0.
COUNCIL-HOTEL ROANOKE CONFERENCE CENTER-YOUTH:
Dr. Butler offered the following resolution changing the meeting hour
of City Council regularly scheduled to be held at 12:30 p.m. on Monday,
May 20, 1996, to 12:00 noon, on Monday, May 20, 1996, in the Roanoke
Ballroom at the Hotel Roanoke & Conference Center, 110 Shenandoah
Avenue, N. W., with the 2:00 p.m. session of the City Council on the
same date to be held in City Council Chambers, 215 Church Avenue,
S.W.:
(#32918-050696) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be
held at 12:30 p.m., on Monday, May 20, 1996.
(For full text of Resolution, see Resolution Book No. 58, page 337.)
Dr. Butler moved the adoption of Resolution No. 32918-050696.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler, Parrott
and Mayor Bowers ...................................................................... 6.
NAYS: Council Member McCadden ................................... 1.
52O
ACTION:
ACTION:
BUDGET: Mr. White offered the following resolution establishing
a special meeting of City Council to be held on Monday, May 13, 1996,
at 6:00 p.m., in the City Council Chambers, Municipal Building, 215
Church Avenue, S. W., for the purpose of adopting the proposed annual
budget for the City of Roanoke for fiscal year 1996-97, and related
matters:
(#32919-050696) A RESOLUTION establishing the date of a
special meeting of the Council of the City of Roanoke.
(For full text of Resolution, see Resolution Book No. 58, page 338.)
Mr. White moved the adoption of Resolution No. 32919-050696.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None .0.
MOTIONS AND MISCELLANEOUS BUSINESS: None.
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL: None.
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
At 5:25 p.m., the Mayor declared the meeting in recess.
At 5:45 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,
Dr. Butler 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 Mrs. Bowles and adopted by the following vote:
521
AYES: Council Members White, Wyatt, Bowles, Butler,
McCadden, Parrott and Mayor Bowers .7.
NAYS: None ..................................................................... 0.
There being no further business, the Mayor declared the meeting adjourned
at 5:47 p.m.
APROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowem
Mayor
522
PERSONNEL COMMITTEE-~ROANOKE CITY COUNCIL
May 9, 1996
8:30 a.m.
A meeting of the Roanoke City Council Personnel Committee, consisting of
the Members of City Council, was called to order on Thursday, May 9, 1996, at 8:30
a.m., in the City Council's Conference Room, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, Delvis O.
McCadden, John H. Parrott, Linda F. Wyatt (arrived during Executive Session),
William White, Sr., and Mayor David A. Bowers .7.
ABSENT: None O.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-
MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Mr.
Parrott moved that the Personnel Committee meet in Executive Session to discuss
a personnel matter, being performance evaluations of certain Council Appointed
Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The
motion was seconded by Mrs. Bowles and adopted by the following vote:
AYES: Council Members Bowles, Butler, McCadden, Parrott, White and
Mayor Bowers 6.
NAYS: O.
(Council Member Wyatt arrived during the Executive Session.)
At 8:40 a.m., the Mayor declared the meeting in recess.
At 12:30 p.m., the meeting reconvened in the City Council's Conference Room,
with all Members of the Council in attendance, Mayor Bowers presiding.
With respect to the Executive Session just concluded, Dr. Butler moved that
each Member of the Personnel Committee certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Executive
523
Session was convened were heard, discussed or considered by the Personnel
Committee. The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, Parrott, White, Wyatt and
Mayor Bowers ............................................................................................ 7.
NAYS: None ................. 0.
There being no further business, the Mayor declared the Personnel Committee
meeting adjourned at 12:32 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
524
PERSONNEL COMMITTEE ....... ROANOKE CITY COUNCIL
May 9, 1996
5:35 p.m.
A meeting of the Roanoke City Council Personnel Committee, consisting of
the Members of City Council, was called to order on Thursday, May 9, 1996, at 5:35
p.m., in the City Council's Conference Room, fourth floor of the Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with Mayor David A. Bowers presiding.
PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Buffer, Delvis O.
McCadden, John H. Parrott, Linda F. Wyatt, William White, Sr., and Mayor
David A. Bowers 7.
ABSENT: None.
OFFICERS PRESENT: Mary F. Parker, City Clerk.
COUNCIL-CITY EMPLOYEES-CITY MANAGER-CITY ATTORNEY-CITY CLERK-
MUNICIPAL AUDITOR-DIRECTOR OF FINANCE-REAL ESTATE VALUATION: Ms.
Wyatt moved that the Personnel Committee meet in Executive Session to discuss
a personnel matter, being performance evaluations of certain Council Appointed
Officers, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. The
motion was seconded by Mr. Parrottt and adopted by the following vote:
AYES: Council Members Bowles, Buffer, McCadden, Parrott, White, Wyatt and
Mayor Bowers .7.
NAYS: ........... -0.
At 5:37 p.m., the Mayor declared the meeting in recess.
At 6:25 p.m., the meeting reconvened in the City Council's Conference Room,
with all Members of the Council in attendance, Mayor Bowers presiding.
With respect to the Executive Session just concluded, Ms. Wyatt moved that
each Member of the Personnel Committee certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Executive
Session was convened were heard, discussed or considered by the Personnel
Committee. The motion was seconded by Mr. Parrott and adopted by the following
vote:
525
AYES: Council Members Bowles, Butler, McCadden, Parrott, White, Wyatt and
Mayor Bowers ......................................................................................... -7.
NAYS: None O.
There being no further business, the Mayor declared the Personnel Committee
meeting adjourned at 6:27 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
526
ROANOKE CITY COUNCIL ..................... SPECIAL MEETING
May 13, 1996
6:00 p.m.
The Council of the City of Roanoke met in special session in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, May 13, t996, at 6:00 p.m., pursuant to Section 10, Meetings
of Council, of the Roanoke City Charter, and pursuant to Resolution No. 32919-
050696 adopted by the Council on Monday, May 6, 1996, with Mayor David A. Bowers
presiding.
PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Butler, Delvis O.
McCadden, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers $.
ABSENT: Council Member John H. Parrott .............................................. 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The invocation was delivered by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
BUDGET: The Mayor advised that the purpose of the special
meeting was to adopt the fiscal year 1996-97 City operating budget and
other related matters, pursuant to Resolution No. 32919-050696,
adopted by the Council at its regular meeting on Monday, May 6, 1996.
BUDGET-SEWERS AND STORM DRAINS-CITY NURSING HOME-
GENERAL SERVICES-HUMAN DEVELOPMENT-ROANOKE CIVIC
CENTER-GRANTS-UTILITY LINE SERVICES-MANAGEMENT AND
BUDGET-CITY INFORMATION SYSTEMS-TRANSPORTATION FUND-
FLEET MAINTENANCE FUND-RISK MANAGEMENT FUND-SCHOOLS-
WATER RESOURCES: A Certificate of the Director of Finance advising
that funds required for the 1996-97 General Fund, Water Fund, Sewage
Treatment Fund, Civic Center Fund, Transportation Fund, Nursing
527
ACTION:
Home Fund, City Information Systems Fund, Materials Control Fund,
Management Services Fund, Utility Line Services Fund, Fleet
Management Fund, Risk Management Fund, School Fund, and Grant
Fund budgets will be available for appropriation, was before Council.
(For full text, see Certificate on file in the City Clerk's Office.)
Without objection by Council, the Mayor advised that the
Certificate would be received and filed.
BUDGET: Mrs. Bowles offered the following emergency
ordinance adopting the annual General Fund Appropriation of the City
of Roanoke for the fiscal year beginning July 1, 1996, and ending
June 30, 1997, in the total amount of $152,571,025.00:
(#32920-051396) AN ORDINANCE adopting the annual General
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. $8, page 338.)
Mrs. Bowles moved the adoption of Ordinance No. 32920-051396.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-WATER RESOURCES: Dr. Buffer offered the following
emergency ordinance adopting the annual Water Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997, in the total amount of $8,676,861.00:
528
(#32921.051396) AN ORDINANCE adopting the annual Water
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 342.)
Dr. Butler moved the adoption of Ordinance No. 32921-051396.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-SEWERS AND STORM DRAINS: Mr. McCadden offered
the following emergency ordinance adopting the annual Sewage
Treatment Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, in the total amount
of $9,836,450.00:
(#32922-051396) AN ORDINANCE adopting the annual Sewage
Treatment Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 343.)
Mr. McCadden moved the adoption of Ordinance No. 32922-
051396. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ..................................................................... -0.
(Council Member Parrott was absent.)
529
BUDGET-ROANOKE CiViC CENTER: Mr. White offered the
following emergency ordinance adopting the annual Civic Center Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$2,626,471.00:
(#32923-051396) AN ORDINANCE adopting the annual Civic
Center Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 345.)
Mr. White moved the adoption of Ordinance No. 32923-051396.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None .................................................................... -0.
(Council Member Parrott was absent.)
BUDGET-TRANSPORTATION FUND: Ms. Wyatt offered the
following emergency ordinance adopting the annual Transportation
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$2,659,379.00:
(#32924-051396) AN ORDINANCE adopting the annual
Transportation Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1996, and ending June 30, 1997; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 346.)
Ms. Wyatt moved the adoption of Ordinance No. 32924-051396.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
53O
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers 6.
NAYS: None ................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-NURSING HOME: Mrs. Bowles offered the following
emergency ordinance adopting the annual Nursing Home Fund
Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$1,837,661.00:
(#32925-051396) AN ORDINANCE adopting the annual Nursing
Home Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 347.)
Mrs. Bowles moved the adoption of Ordinance No. 32925-051396.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ......................................................... 6.
NAYS: None ..................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-CITY INFORMATION SYSTEMS: Dr. Butler offered the
following emergency ordinance adopting the annual City Information
Systems Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, in the total amount
of $2,397,943.00:
531
(#32926-051396) AN ORDINANCE adopting the annual City
Information Systems Fund Appropriation of the City of Roanoke for the
fiscal year beginning July 1, 1996, and ending June 30, 1997; and
declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 349.)
Dr. Butler moved the adoption of Ordinance No. 32926-051396.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ..................................................................... -0.
(Council Member Parrott was absent.)
BUDGET-GENERAL SERVICES: Mr. McCadden offered the
following emergency ordinance adopting the annual Materials Control
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$163,774.00:
(#32927-051396) AN ORDINANCE adopting the annual Materials
Control Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 350.)
Mr. McCadden moved the adoption of Ordinance No. 32927-
051396. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
532
BUDGET-MANAGEMENT SERVICES: Mr. White offered the
following emergency ordinance adopting the annual Management
Services Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, in the total amount
of $216,993.00:
(#32928-051396) AN ORDINANCE adopting the annual
Management Services Fund Appropriation of the City of Roanoke for
the fiscal year beginning July 1, 1996, and ending June 30, 1997; and
declaring the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 351.)
Mr. White moved the adoption of Ordinance No. 32928-051396.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ........................................................ -6.
NAYS: None .................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-UTILITY LINE SERVICES: Ms. Wyatt offered the
following emergency ordinance adopting the annual Utility Line
Services Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, in the total amount
of $3,127,533.00:
(~32929-051396) AN ORDINANCE adopting the annual Utility Line
Services Fund Appropriation of the City of Roanoke for the fiscal year
beginning July 1, 1996, and ending June 30, 1997; and declaring the
existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 352.)
Ms. Wyatt moved the adoption of Ordinance No. 32929-O51396.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
533
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ........................................................ 6.
NAYS: None .................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-FLEET MAINTENANCE FUND: Mrs. Bowles offered the
following emergency ordinance adopting the annual Fleet Management
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$4,106,267.00:
(#32930-051396) AN ORDINANCE adopting the annual Fleet
Management Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1996, and ending June 30, 1997; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 353.)
Mrs. Bowles moved the adoption of Ordinance No. 32930-051396.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ..................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-RISK MANAGEMENT FUND: Dr. Butler offered the
following emergency ordinance adopting the annual Risk Management
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997, in the total amount of
$611,190.00:
534
(#32931-051396) AN ORDINANCE adopting the annual Risk
Management Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1996, and ending June 30, 1997; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 355.)
Dr. Butler moved the adoption of Ordinance No. 32931-051396.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ......................................................... -6.
NAYS: None ..................................................................... -0.
(Council Member Parrott was absent.)
BUDGET-SCHOOLS: Mr. McCadden offered the following
emergency ordinance adopting the annual School Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997, in the total amount of $82,709,883.00:
(#32932-051396) AN ORDINANCE adopting the annual School
Fund Appropriation of the City of Roanoke for the fiscal year beginning
July 1, 1996, and ending June 30, 1997; and declaring the existence of
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 356.)
Mr. McCadden moved the adoption of Ordinance No. 32932-
051396. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ..................................................................... 0.
(Council Member Parrott was absent.)
535
BUDGET-GRANTS: Mr. White offered the following emergency
ordinance adopting a portion of the annual Grant Fund Appropriation
of the City of Roanoke for the fiscal year beginning July 1, 1996, and
ending June 30, 1997, in the amount of $366,659.00:
(#32933-051396) AN ORDINANCE adopting a portion of the
annual Grant Fund Appropriation of the City of Roanoke for the fiscal
year beginning July 1, 1996, and ending June 30, 1997; and declaring
the existence of an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 357.)
Mr. White moved the adoption of Ordinance No. 32933-051396.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-DIRECTOR OF FINANCE-POLICE DEPARTMENT-PAY
PLAN-CITY CLERK-FIRE DEPARTMENT-HUMAN DEVELOPMENT-CITY
ATTORNEY-BILLINGS AND COLLECTIONS-CITY MANAGER-REAL
ESTATE VALUATION-CITY EMPLOYEES-ROANOKE CIVIC CENTER-
MUNICIPAL AUDITOR-YOUTH-EMERGENCY MEDICAL SERVICES: Ms.
Wyatt offered the following emergency ordinance adopting and
establishing a Pay Plan for officers and employees of the City, effective
July 1, 1996; providing for certain salary adjustments and merit
increases; authorizing annual salary increments for certain officers and
employees for use of private motor vehicles; authorizing annual salary
increments for sworn police officers assigned to the Criminal
Investigation Division; authorizing annual salary increments for certain
members of the Fire Department who are certified as Emergency
Medical Technicians; authorizing annual salary increments for certain
members of the Fire Department who are members of the Regional
Hazardous Materials Response Team; and repealing Ordinance No.
32467-050895, adopted May 8, 1995, to the extent of any inconsistency:
536
(#32934-051396) AN ORDINANCE to adopt and establish a Pay
Plan for officers and employees of the City effective July 1, 1996;
providing for certain salary adjustments and merit increases;
authorizing annual salary increments for certain officers and
employees for use of private motor vehicles; authorizing annual salary
increments for sworn police officers assigned to the Criminal
Investigation Division; authorizing annual salary increments for certain
members of the Fire Department who ars certified as Emergency
Medical Technicians; authorizing annual salary increments for certain
members of the Fire Department who are members of the Regional
Hazardous Materials Response Team; and repealing Ordinance No.
32467-050895, adopted May 8, 1995, to the extent of any inconsistency;
and providing for an emergency and effective date.
(For full text of Ordinance, see Ordinance Book No. 58, page 359.)
Ms. Wyatt moved the adoption of Ordinance No. 32934-051396.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Butler, White, Wyatt and
Mayor Bowers ........................................................................ 5.
NAYS: Council Member McCadden
(Council Member Parrott was absent.)
BUDGET-COUNCIL: Mrs. Bowles offered the following
emergency ordinance establishing the annual salaries of the Mayor,
Vice-Mayor and Council Members for the fiscal year beginning July 1,
1996.
(#32935-051396) AN ORDINANCE establishing the annual
salaries of the Mayor, Vice-Mayor and Council Members for the fiscal
year beginning July 1, 1996; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 58, page 363.)
537
ACTION:
ACTION:
Mrs. Bowles moved the adoption of Ordinance No. 32935-051396.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Bowles, Butler, White, Wyatt and
Mayor Bowers ....................................................................... 5.
NAYS: Council Member McCadden ...................................... 1.
(Council Member Parrott was absent.)
BUDGET-DIRECTOR OF FINANCE-CITY CLERK-CITY ATTORNEY-
CITY MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Dr.
Butler offered the following emergency ordinance establishing
compensation for the City Manager, City Attorney, Director of Finance,
Director of Real Estate Valuation, Municipal Auditor and City Clerk for
the fiscal year beginning July 1, 1996:
(#32936-051396) AN ORDINANCE establishing compensation for
the City Manager, City Attorney, Director of Finance, Director of Real
Estate Valuation, Municipal Auditor and City Clerk for the fiscal year
beginning July 1, 1996; and providing for an emergency and an
effective date.
(For full text of Ordinance, see Ordinance Book No. 58, page 364.)
Dr. Butler moved the adoption of Ordinance No. 32936-051396.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Bowles, Butler, White, Wyatt and
Mayor Bowers ............................................................................ 5.
NAYS: Council Member McCadden
(Council Member Parrott was absent.)
BUDGET-PENSIONS: Mr. McCadden offered the following
emergency ordinance providing for certain supplemental benefits
under the City of Roanoke Pension Plan to certain members of such
Plan and certain of their surviving spouses, by providing that the
538
ACTION'
retirement allowance payable to certain members of the Pension Plan
who retired on or before July 1, 1995, shall, effective July 1, 1996, be
increased by three per cent of itself, not including payments made
under the Voluntary Retirement Incentive Program established by
Ordinance No. 30473-041591, adopted April 15, 1991, calculated as of
July 1, 1996:
(#32937-051396) AN ORDINANCE providing for certain
supplemental benefits under the City of Roanoke Pension Plan to
certain members of such Plan and certain of their surviving spouses;
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 366.)
Mr. McCadden moved the adoption of Ordinance No. 32937-
051396. The motion was seconded by Mr. White and adopted by the
following vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ........................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-CHURCH AVENUE PARKING GARAGE-FEE
COMPENDIUM-CENTURY STATION PARKING GARAGE-TOWER
PARKING GARAGE-WlLLIAMSON ROAD PARKING GARAGE-MARKET
SQUARE PARKING GARAGE: Mr. White offered the following
resolution providing for an amendment of the fees charged at Century
Station Parking Garage, Church Avenue Parking Garage, Market Square
Parking Garage, Tower Parking Garage, Williamson Road Parking
Garage, Williamson Road Parking Lot, and Viaduct Parking Lot; and
providing for amendment of the City's Fee Compendium:
539
(#32938-051396) A RESOLUTION providing for an amendment of
the fees charged at Century Station Parking Garage, Church Avenue
Parking Garage, Market Square Parking Garage, Tower Parking Garage,
Williamson Road Parking Garage, Williamson Road Parking Lot, and
Viaduct Parking Lot; and directing amendment of the Fee Compendium.
(For full text of Resolution, see Resolution Book No. 58, page 368.)
ACTION:
Mr. White moved the adoption of Resolution No. 32938-051396.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................ 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
BUDGET-HUMAN DEVELOPMENT-HOUSING/AUTHORITY-
PLANNING-GRANTS-ECONOMIC DEVELOPMENT: The City Manager
submitted a written report advising that Council was briefed on
recommended Community Development Block Grant (CDBG) and
HOME programs, including $2,763,000.00 in new funds from the U. S.
Department of Housing and Urban Development (HUD); a draft of the
Annual Update has been prepared and made available for public review
and comments for a period of 30 days, April 12, 1996 to May 12, 1996;
on April 17, 1996, HUD representatives informed City staff that the City
of Roanoke will not receive the estimated $73,800.00 in Emergency
Shelter Grant (ESG) funds for the upcoming 1996-97 program year,
which funds were targeted for Total Action Against Poverty (TAP) and
Roanoke Area Ministries (RAM); and the Draft Annual Plan has been
amended to reflect the loss of ESG funds and the addition of an activity
for property maintenance of properties previously acquired with CDBG
and Urban Renewal funds, which activity will be funded with $10,000.00
in additional carry-over funds identified by the Roanoke
Redevelopment and Housing Authority.
54O
It was further advised that the City received notification of the
exact entitlement amounts on May 8, 1996; CDBG increased by
$169,400.00 and HOME increased by $15,100.00 when compared to the
estimated allocations previously used in the budgeting process; and
the additional funds will be allocated to a contingency account, with a
recommendation for use of said funds to be presented to Council at its
regular meeting on Monday, June 17, 1996.
The City Manager recommended that he be authorized to submit
an approved Annual Update to the U. S. Department of Housing and
Urban Development for final review and approval, and that he be further
authorized to execute the grant agreement with HUD on behalf of the
City; and upon receipt of program and budget approval from HUD, a
report detailing the necessary budget appropriations by program and
line item, as well as contracts necessary to carry out the fiscal year
1996-97 program, will be presented to Council for adoption.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#32939-051396) A RESOLUTION authorizing the City Manager
to submit an approved Annual Update to the HUD Consolidated Plan for
FY 1996-97 to the United States Department of Housing and Urban
Development (HUD) for final review and approval, and authorizing the
execution of the appropriate documents for the acceptance of such
funding.
(For full text of Resolution, see Resolution Book No. 58, page 371.)
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 32939-051396.
The motion was seconded by Mrs. Bowles and adopted by the following
vote:
AYES: Council Members Bowles, Butler, McCadden, White,
Wyatt and Mayor Bowers ............................................................. 6.
NAYS: None ...................................................................... 0.
(Council Member Parrott was absent.)
541
There being no further business, the Mayor declared the special
meeting adjourned at 6:30 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
542'
ROANOKE CITY COUNCIL.
-SPECIAL MEETING
May 13, 1996
7:00 p.m.
The Council of the City of Roanoke met in special session in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, on Monday, May 13, 1996, at 7:00 p.m., with Mayor David A. Bowers
presiding, pursuant to Section 10, Meetings of Council, of the Roanoke City Charter,
and pursuant to action of the Council on Monday, March 18, 1996, for the purpose
of holding a public hearing to receive the views of citizens to determine whether the
citizens desire Council to request the General Assembly to amend the City Charter
to provide for nomination of candidates for City Council by petition of the qualified
voters of the City and for elimination of the political parties from the nominating
process.
PRESENT: Council Members Elizabeth T. Bowles, Wendell H. Buffer, Delvis O.
McCadden, William White, Sr., Linda F. Wyatt and Mayor David A. Bowers ........... 6.
ABSENT: Council Member John H. Parrott ........................................... 1.
OFFICERS PRESENT: James D. Ritchie, Sr., Assistant City Manager;
Wilburn C. Dibling, Jr., City Attorney; James D. Grisso, Director of Finance; and
Mary F. Parker, City Clerk.
The meeting was opened with a prayer by Mayor Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
COUNCIL-ELECTIONS-CITY CHARTER: The Mayor advised that
the purpose of the special meeting was to conduct a public hearing to
receive comments of citizens to determine whether the citizens of the
City of Roanoke desire City Council to request the General Assembly
to amend the City Charter to provide for nomination of candidates for
City Council solely by petition of qualified voters of the City and for
elimination of the political parties from the nominating process (the
foregoing nominating process sometimes being referred to as a
"nonpartisan" nominating process), the matter was before the body.
543
Advertisement of the public hearing was published in The
Roanoke Times on Friday, May 3, 1996, and in the Roanoke Tribune on
Thursday, May 2, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
The Mayor inquired if there were persons present who would like
to address Council in connection with the matter, and no persons
expressed a desire to be heard.
Mr. McCadden advised that from the lack of citizen attendance,
it appears that the citizens of Roanoke are not in favor of non-partisan
City Council elections. He stated that he supports non-partisan
elections because candidates would not owe anything to the pressure
of a political party or to any of its special interest groups, candidates
would incur less costs associated with running on a non-partisan
basis, and persons pledged to a party could, in good faith, support the
candidate believed to be the best person for the position, rather than
vote for a candidate because of party affiliation. He stated that issues
concerning the City should be divided on their merit or on good versus
bad and not on political grounds.
Mrs. Bowles stated that she had no problem with the two party
system; however, her only concern was that once Council Members are
elected, they should forget party affiliation and serve the needs of all
of the citizens of the City of Roanoke, regardless of who did or did not
vote for them.
Mr. White expressed appreciation to Mr. McCadden for bringing
his point of view to the table and for his willingness to share his ideas.
He stated that the proposal has certain good points and raises
awareness of the issue.
The Mayor again called for comments by citizens. There being none, he
declared the meeting adjourned at 7:10 p.m.
ATTEST:
Mary F. Parker
City Clerk
APPROVED
David A. Bowers
Mayor
544
REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
May 20, 1996
12:00 noon
The Council of the City of Roanoke met in regular session in the Roanoke
Ballroom of The Hotel Roanoke & Conference Center, 110 Shenandoah Avenue,
N. E., City of Roanoke, on Monday, May 20, 1996, at 12:00 noon, with Mayor David A.
Bowers presiding, pursuant to Resolution No. 32918-050696, adopted by the Council
on Monday, May 6, 1996.
PRESENT: Council Members Wendell H. Butler, Delvis O. McCadden, William
White, Sr., Linda F. Wyatt and Mayor David A. Bowers ..................................... 5.
ABSENT: Council Members Elizabeth T. Bowles 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; Michael R. Crew,
Manager of Accounting Services; and Mary F. Parker, City Clerk.
The invocation was delivered by Katrina Martin, Member, Youth Services
Citizen Board.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Bowers.
YOUTH-ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-
SCHOOLS: The Mayor advised that Council was pleased to share lunch
and to participate in 1996 Student Government Day activities which
were coordinated by the City's Office on Youth and the Youth Services
Citizens Board, with attendance by students from William Fleming High
School, Patrick Henry High School, and the Noel C. Taylor Learning
Academy.
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
Following lunch and a brief program, at 1:30 p.m., the Mayor
declared the meeting in recess until 2:00 p.m.
545
At 2:00 p.m., the Roanoke City Council meeting reconvened in
regular session in the City Council Chamber, 215 Church Avenue,
S. W., City of Roanoke, with the following Council Members in
attendance, Mayor Bowers presiding:
PRESENT: Council Members Wendell H. Butler, Delvis O.
McCadden, John H. Parrott, William White, Sr., Linda F. Wyatt and
Mayor David A. Bowers ................................................................ 6.
ABSENT: Council Member Elizabeth T. Bowles ..................... 1.
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of
Accounting Services; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The
Reverend Donald E. Eshelmon, Pastor, Patterson Memorial Grace
Brethren Church.
The Pledge of Allegiance to the Flag of the United States of
America was led by Mayor Bowers.
PRESENTATIONS:
ACTS OF ACKNOWLEDGEMENT-CITY GOVERNMENT-YOUTH-
SCHOOLS: On behalf of the Members of Council, the Mayor recognized
students from Patrick Henry and William Fleming High Schools and the
Noel C. Taylor Learning Academy who were participating in 1996
Student Government Day activities, and presented each participant with
an Office on Youth T-shirt as a memento of the occasion.
DIRECTOR OF FINANCE-ACTS OF ACKNOWLEDGEMENT: The
Mayor presented Awards of Financial Reporting Achievement to
Michael R. Crew, Manager of Accounting Services, and Joyce L.
Sparks, Retirement Accountant, for the City's Comprehensive Annual
Financial Report and the City of Roanoke Pension Plan, respectively.
DECEASED PERSONS: Mr. McCadden offered the
following resolution memorializing the late Artie Levin, expressing
Council's deepest regrets at the passing of Mr. Levin, Roanoke's "Mr.
Fitness", and extending to his son, Dr. Larry Levin, of Boca Raton,
Florida, and his daughter, Cindy Levin Goldstein, of Roanoke, the
sympathy of the Council and that of the citizens of the City of Roanoke:
546
ACTION:
(#32940-052096) A RESOLUTION memorializing the late Artie
Levin.
(For full text of Resolution, see Resolution Book No. 58, page 376.)
Mr. McCadden moved the adoption of Resolution No. 32940-
052096. The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Buffer, McCadden, Parrot'(, White, Wyatt
and Mayor Bowers ............................................................... -6.
NAYS: None .0.
(Council Member Bowles was absent.)
On behalf of the City of Roanoke, the Mayor presented a
ceremonial copy of the abovereferenced resolution to Ms. Cindy Levin
Goldstein.
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 relating to vacancies on various authorities,
boards, commissions and committees appointed by the Council; and
a request of the City Attorney for an Executive Session to discuss
specific legal matters.
COMMITTEES-COUNCIL: A communication from Mayor David A.
Bowers requesting that Council meet 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.t-344 (A)(I), Code of Virginia (1950), as amended, was before
the body.
(For full text, see communication on file in the City Clerk's Office.)
547
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. Parrott and adopted by the following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ..................................................................... -0.
(Council Member Bowles was absent.)
TAXES-SPECIAL PERMITS: A report of the City Manager
advising that at the regular meeting of Council held on Monday,
December 11, 1995, Council Member White requested a report on the
number of tax-exempt properties located within the City of Roanoke
and when the matter should receive further review by the Council; was
before the body.
The City Manager provided a summary of tax-exempt properties
according to four different categories, i.e.: Organizations Paying a
Service Charge in Lieu of Taxes, Agricultural Land-Use Program,
Elderly/Permanently Disabled Homeowner Real Estate Tax Freeze
Program, and Partial Tax Exemption on Rehabilitated Buildings.
It was explained that a total of 116 non-governmental
organizations are operating under the tax-exempt program, which
organizations, were they not tax-exempt, would have paid a total of
$289,037.70 in real estate taxes; prior to the enactment of the Service
Charge Program, the figure of $45,842.65 represents the revenue that
the organizations would have paid if a service charge were required;
with establishment of the Service Charge Program, six of the 116
organizations were required to pay $11,964.96 in fiscal year 1995-96 as
a service charge in lieu of taxes; the Agricultural Land-Use Tax Relief
Program requires that a property must be at least five acres in size,
currently used for agricultural purposes, and have been used for
agricultural purposes for the previous five years; and currently, 23
owners (29 parcels/applications) participate in the program resulting in
approximately $95,000.00 in foregone tax revenue.
548
ACTION:
It was further explained that the ElderlylPermanenfly Disabled
Homeowner Real Estate Tax Freeze Program provides tax relief for
elderly and/or permanently disabled homeowners; currently, citizens
are receiving tax relief on approximately 2,300 parcels resulting in a tax
loss estimated at $436,000.00; the Partial Tax Exemption on
Rehabilitated Buildings provides for tax exemptions when buildings 25
years or older are improved to increase the assessed value; and
current rehabilitated property tax exemptions result in approximately
$104,000.00 in foregone tax revenue.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The motion
was seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ...... 6.
NAYS: None ............................................................... -0.
(Council Member Bowles was absent.)
BONDS/BOND ISSUES-SIDEWALK/CURB AND GUTTER-
COMPLAINTS-HUMAN DEVELOPMENT-PUBLIC WORKS-PLANNING-
CAPITAL IMPROVEMENTS PROGRAM: The City Manager submitted a
written report advising that at the regular meeting of Council on
Monday, April 1, 1996, Council Member White requested information
with regard to the City's policy on responding to outstanding requests
for new curb and sidewalk improvements; whereupon, the matter was
before the body.
The City Manager explained that for many years the City
Engineering Department has maintained a list of locations where
citizens have requested curb, gutter and sidewalk improvements, which
list is maintained on a computer file that currently covers 11 and one-
half pages, with the locations listed alphabetically by quadrant, at an
estimated cost in excess of $10 million as of March 1995; and since
that date, additional requests have been received with an estimated
construction cost of approximately $76,000.00; as a part of three of the
last four capital improvement bond issues, funds have been included
for improvements (1985 -$1.1 million; 1988 - $1.0 million; 1996 - $1.0
million); and approximately $700,000.00 remains available from 1996
bonds for construction in the next two years.
549
ACTION:
It was noted that on March 4, 1996, Council received a report
from the City Administration describing a new procedure which has
been initiated to evaluate requests for new curb and sidewalks; and an
effort is being made to objectively prioritize locations in order to make
the maximum use of available funds; while many citizens are interested
in curb, gutter and sidewalk, many capital improvement needs remain
in the City, and strong consideration will continue to be given to
including funds for such public infrastructure in future bond issues;
however, it will be a number of years, if ever, before all requests for
such improvements can be accommodated, and the same could be said
for neighborhood storm drain improvements, new traffic signals, and
parks and recreation facilities, etc.
(For full text, see report on file in the City Clerk's Office.)
Mr. White moved that the report be received and filed. The motion
was seconded by Mr. Parrott and adopted by the following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
ELECTIONS: A communication from Gilbert E. Butler, Jr.,
Secretary, Roanoke City Electoral Board, transmitting a certified copy
of the Abstract of Votes cast in the General and Special Elections held
in the City of Roanoke on May 7, 1996, was before Council.
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the May 7, 1996 Special Election, for
MAYOR
Names of Candidates
Total Votes
Received
(In Figures)
J. P. "Pat" Green
David A. Bowers
6,423
6,620
550
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on May 7, 1996, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election and do, therefore,
determine and declare that the following person(s) have received the
greatest number of votes cast for the above office in said election:
David A. Bowers
Given under our hands this 8th day of May, 1996.
A copy taste:
Charles T. Green, Chairman
Frances Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
[SEAL]
Gilbert E. Butler, Jr., Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the May 7, 1996 General Election, for
MEMBER CITY COUNCIL
Names of Candidates
Total Votes
Received
(In Figures)
David K. Lisk
Alvin L. Nash
Carroll E. Swain
James O. "Jim" Trout
Linda F. Wyatt
Joseph F. "Joe" Nash
"Mac" McCadden
4,774
5,064
5,897
5,428
6,486
4,381
1
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on May 7, 1996, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election and do, therefore,
determine and declare that the following person(s) have received the
greatest number of votes cast for the above office in said election:
551
Linda F. Wyatt
Carroll E. Swain
James O. "Jim" Trout
Given under our hands this 8th day of May, 1996.
A copy teste:
Charles T. Green, Chairman
Frances Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
[SEAL]
Gilbert E. Butler, Jr., Secretary, Electoral Board"
"ABSTRACT OF VOTES cast in the City of Roanoke, Virginia, at
the May 7, 1996 General Election, for
Member City Council (For unexpired term to end June 30, 1998)
Names of Candidates
Total Votes
Received
(In Figures)
Jeffrey L. "Jeff" Artis
C. Nelson Harris
3,387
7,220
We, the undersigned Electoral Board, upon examination of the official
records deposited with the Clerk of the Circuit Court of the election
held on May 7, 1996, do hereby certify that the above is a true and
correct Abstract of Votes cast at said election and do, therefore,
determine and declare that the following person(s) have received the
greatest number of votes cast for the above office in said election:
C. Nelson Harris
Given under our hands this 8th day of May, 1996.
552
ACTION:
ACTION:
A copy teste:
Charles T. Green, Chairman
Frances Garland, Vice Chairman
Gilbert E. Butler, Jr., Secretary
[SEAL]
Gilbert E. Butler, Jr., Secretary, Electoral Board"
(For full text, see communication and Abstract of Votes on file in the
City Clerk's Office.)
Mr. White moved that the communication and Abstract of Votes
be received and filed. The motion was seconded by Mr. Parrott and
adopted by the following vote:
AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt
and Mayor Bowers ................................................................... 6.
NAYS: None ................................................................... -0.
(Council Member Bowles was absent.)
OATHS OF OFFICE-COMMITTEES-INDUSTRIES: A report of
qualification of J. Darryl Burks as a Director of the Industrial
Development Authority of the City of Roanoke for a term of four years
commencing October 20, 1994, and ending October 20, 1998, was
before Council.
(See Oath or Affirmation of Office on file in the City Clerk's Office.)
Mr. White moved that the report of qualification be received and
filed. The motion was seconded by Mr. Parrott and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ---6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
553
COUNCIL: A report of the City Attorney requesting that Council
meet in Executive Session to discuss specific legal matters requiring
the provision of legal advice by counsel, being the terms and
conditions of legal documents with a party desiring to use the public
right-of-way, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950),
as amended, was before the body.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. White moved that Council concur in the request of the City
Attorney to convene in Executive Session to discuss specific legal
matters requiring the provision of legal advice by counsel, being the
terms and conditions of legal documents with a party desiring to use
the public right-of-way, pursuant to Section 2.1-344 (A)(7), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Parrott
and adopted by the following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
REGULAR AGENDA
HEARING OF CITIZENS UPON PUBLIC MATTERS:
ACTS OF ACKNOWLEDGEMENT-HOUSING/AUTHORITY-CENTER
IN THE SQUARE: On behalf of the Members of Council, the Mayor
accepted a resolution from Bittle W. Porterfield, Vice Chairman of the
Board of Directors, Center In The Square, conveying appreciation to the
City of Roanoke for its support and encouragement in connection with
receipt by Center In The Square one out of 25 National Excellence
Awards presented by the U. S. Department of Housing and Urban
Development.
TRAFFIC-PARKS AND RECREATION-DRUGS/SUBSTANCE
ABUSE-ACTS OF ACKNOWLEDGEMENT: Brenda A. Altman, President,
Smith Mountain Lake Regional Chapter, Mothers Against Drunk Driving,
appeared before Council and presented a proposal to change the color
of the Mill Mountain Star from white to red each time a drug or alcohol
related traffic death occurs in the Roanoke Valley.
554
ACTION:
Beverly T. Fitzpatrick, Jr., Executive Director, The New Century
Council, also appeared before Council in support of the proposal.
(See correspondence on file in the City Clerk's Office.)
Following a discussion of the proposal, Mr. White moved that the
City Manager be requested to report to Council at its regular meeting
on Monday, June 3, 1996, with regard to a recommended strategy for
implementation of the abovedescribed proposal. The motion was
seconded by Mr. Parrott and adopted.
OTHER HEARINGS OF CITIZENS:
TRAFFIC: Mr. Jahue Walcott, 1101 13th Street, S. E., having
expressed a desire to address Council in connection with a traffic light
in his neighborhood, the matter was before the body.
Since Mr. Walcott left the meeting before his request could be
heard, the matter was referred to the City Manager for appropriate
follow-up.
PETITIONS AND COMMUNICATIONS: None.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS:
CITY CODE-BUILDINGS/BUILDING DEPARTMENT-HOUSING/
AUTHORITY-PUBLIC WORKS-ROANOKE NEIGHBORHOOD
PARTNERSHIP-RENTAL INSPECTION PROGRAM: The City Manager
submitted a written report with regard to a Rental Inspection Program
for the City of Roanoke, advising that the condition of deteriorating
rental properties has been a concern in the City for many years,
particularly unsafe or unhealthy living conditions and detrimental
effects generally on neighborhood vitality; and public workshops and
intensive work by a study committee has resulted in a plan for all non-
owner-occupied housing units in conservation and rehabilitation
districts to be inspected for compliance with the Building Maintenance
Code every two years, with incentives for property owners to cooperate
with the schedule of inspections.
555
It was explained that a Program was designed to be effective in
inspecting houses in neighborhoods regularly, while providing
minimum interference to responsible property owners and using the
City's administrative resources efficiently, which Program includes the
following aspects:
A unit passing the inspection for compliance
with the City Code will be issued a certificate
of compliance for a period of two years.
2. Violations will be distinguished as follows:
dangers to health and safety,
significant violations, and
minor deficiencies or developing problems.
If the owner cooperates in allowing the
scheduled inspection to be performed and
violations not dangerous to health and safety
are found, the owner will be issued a
temporary waiver and allowed to continue to
rent the unit while repairs are made.
e
If an owner chooses not to allow the
inspection on schedule, the unit may not be
re-rented when it becomes vacant without an
inspection and either a certificate of
compliance with the Code or a waiver.
Violations which are the responsibility of the
tenants will be cited, as well as those of the
property owner.
Information and educational sessions and
materials will be made available to property
owners and others interested, regarding the
program generally and Code requirements.
An informal administrative appeals process
to the Building Commissioner and including
advisors from the community, before formal
appeal to the Board of Building Code
Appeals.
556
No fees for an initial inspection or for two re-
inspections to verify that repairs have been
made, if the inspection is allowed to be
performed on the scheduled basis; however,
if the owner chooses not to follow the
inspection schedule, an inspection upon
vacancy or complaint by the tenant incurs a
$75.00 fee, with all re-inspections to verify
corrections incurring a $35.00 reinspection
fee.
Potential significant fines imposable by the
court for violating the provisions of the
inspection program, such as re-renting
without a valid certificate of compliance or a
waiver.
10.
Initial implementation of the program with
existing staff, to refine procedures, etc.
11.
Addition of personnel in the fall to allow more
rapid implementation of the program's
inspections schedule throughout the
designated areas.
t2.
Monitoring and evaluation of the effects of
the program after several years of its
operation.
The City Manager recommended that Council amend the Code of
the City of Roanoke (1979), as amended, to delete Article IV, Occu_r)ancy
Permits, of Chapter 16, Human Rights, relating to the Certificate of
Occupancy program for rental properties; adopt a new Article 11.2,
Rental Certificate of ComDliance, of Chapter 7, Building Regulations, to
provide for implementation of the Rental Certificate of Compliance
Program; and amend the City's Fee Compendium to be consistent with
terms of the Rental Certificate of Compliance Program.
(For full text, see report on file in the City Clerk's Office.)
Mr. Clark presented a summary of the proposed rental inspection
program.
557
John C. Kepley, Acting Coordinator, Roanoke Property Investors
Association, advised that he served on two committees to help bring
the draft program to a workable form, i.e.: the City of Roanoke Rental
Inspection Workshop Committee and the Roanoke Property Investors
Association Drafting Committee. He stated that he has reviewed the
draft on numerous occasions, and overall, it is a workable document;
however, there are several minor changes that need to be made and at
least one major deletion to Section 7-42, Display of Certificates, which
provides as follows:
(a) Any certificate of compliance, temporary waiver
of compliance certificate, or certificate of exemption, shall
be adhered conspicuously to or near the main entrance of
any dwelling or dwelling unit so that the same may be
viewed from the exterior of the dwelling or dwelling unit.
(b) No person may remove, obscure, deface or
alter, a certificate of compliance, temporary waiver of
compliance certificate, or certificate of exemption, in
whole or in part, without written permission of the City
Manager.
Mr. Kepley advised that in this computer age, the display of
certificates is not only an obsolete way of handling the list of inspected
houses, but it is unsightly and discriminatory to residents of rental
property, and thus, the section should be deleted from the ordinance.
He called attention to certain minor items that should be reviewed prior
to adoption of the ordinance. (Mr. Kepley did not identify the minor
points of contention.)
Martin D. Jeffrey, representing the Board of Directors of Total
Action Against Poverty, applauded the City Council's and the City
Administration's commitment to the development, implementation, and
funding of the Rental Inspection Program. He offered the assistance of
TAP's staff to help with implementation and community education.
William D. Poe, representing the Roanoke Regional Housing
Network, appeared before Council in support of the Rental Inspection
Program which is a step forward and expressed appreciation to the City
for allowing the Regional Housing Network to offer input into the
program.
558
Mr. Frank D. Roupas, 1841 Warrington Road, S. W., advised that
he appeared before Council at the request of several property owners
with regard to discourteous treatment by City building inspectors. He
stated that the City should be careful not to give too much authority to
building inspectors over local property owners.
Following discussion of the matter, it was the consensus of
Council that the concerns expressed by Mr. Kepley with regard to
Section 7-42, Display of Certificates, and certain other minor
modifications, would be referred to the City Manager for further study
and report to Council at its regular meeting on Monday, June 3, 1996.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-PUBLIC WORKS-GRANTS: The
City Manager submitted a written report with regard to Amendment No.
I to the Community Development Block Grant (CDBG) Agreement and
Amendment No. 1 to the HOME Investment Partnerships Program
(HOME) Agreement with the Roanoke Redevelopment and Housing
Authority, advising that the U. S. Department of Housing and Urban
Development's HOME Cash Management System procedures have
prevented draw-downs by the Treasurer's Office to reimburse the City
for paymente made to the Housing Authority for ita HOME activity
delivery costs; HOME-funded delivery costs cannot be set up in a
general account for draw-down as needed, rather, each individual
HOME project (specific address) must be set up to include only those
delivery and other costa applicable to the project, and further, HOME
funds can only reimburse delivery costs which are associated with
completed projects.
It was further advised that in order to avoid disruption in housing
services to the community, the City has temporarily used General Fund
monies to pay the Housing Authority's delivery costs while considering
HOME-and/or CDBG-funded alternatives which could allow the draw-
downs to proceed; resolution of the problem will require charging the
Housing Authority's HOME delivery costs to CDBG funds; and
amendments are needed to the CDBG and HOME agreements with the
Housing Authority in order to:
increase funding in the Housing Authority CDBG
accounts by $160,929.00, the amount needed for HOME
activity delivery costs;
559
ACTION:
decrease funding in the Housing Authority HOME
accounts by $160,929.00, the amount budgeted for HOME
activity delivery costs, which funds will become available
for other housing related activities; and
adjust CDBG and HOME accounts appropriate to record
revenues and disbursements for HOME activity delivery
costs.
The City Manager recommended that he, or the Assistant City
Manager, and the City Clerk be authorized to execute and attest,
respectively, Amendment No. 1 to the Community Development Block
Grant Agreement and Amendment No. 1 to the HOME Agreement with
the Roanoke Redevelopment and Housing Authority, in a form to be
approved by the City Attorney; and authorize transfers of funds as
outlined in Attachment 3 to the City Manager's report.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following emergency budget ordinance:
(#32941-052096) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 Grant Fund Appropriations, and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 377.)
Mr. White moved the adoption of Ordinance No. 32941-052096.
The motion was seconded by Dr. Butler and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... O.
(Council Member Bowles was absent.)
56O
ACTION:
Mr. White offered the following resolution:
(#32942-052096) A RESOLUTION authorizing execution of
amendments to the Community Development Block Grant and HOME
contracts with the City of Roanoke Redevelopment and Housing
Authority for the administration of the HOME Investment Partnerships
Program.
(For full text of Resolution, see Resolution Book No. 58, page 380.)
Mr. White moved the adoption of Resolution No. 32942-052096.
The motion was seconded by Dr. Buffer and adopted by the following
vote:
AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt
and Mayor Bowers ................................................................. 6.
NAYS: None .-0.
(Council Member Bowles was absent.)
CITY CODE-ZONING-TAXES-NEIGHBORHOOD ORGANIZATIONS-
SPECIAL PERMITS-WRABA: The City Manager submitted a written
report advising that Special Service Districts may be established by
local governments, pursuant to Section 15.1-18.3, Code of Virginia
(1950), as amended, to provide additional or more complete services of
government than are being offered uniformly throughout the City as a
whole; and the Williamson Road Area Service District was established
by Council on May 24, 1993, pursuant to Ordinance No. 31472-052493.
It was further advised that the effectiveness of the tax program
for the Williamson Road Area Service District is to be reviewed by
Council prior to July 1, 1996, pursuant to the abovereferenced
ordinance; at which time, Council shall, in its discretion, decide
whether to continue the tax program, and if Council elects to continue
the program, Council shall establish the appropriate rate of taxation;
the term of the Service District Services Agreement was for one year,
commencing July 1, 1993 and ending June 30, 1994, to be automatically
extended on each July, commencing July 1, 1994, for one year until
June 30, 1996, at which time the Agreement shall terminate; the
Williamson Road Area Business Association, Inc., has requested that
Council adopt a new measure to enter into a new Service District
561
ACTION:
Services Agreement on substantially similar terms as the prior
agreement for a total ten-year period, commencing July 1, 1996, the
term of this Agreement shall be for a one year term initially, and
automatically extended annually on each July, commencing July 1,
1997 and until June 30, 2006, at which time the Agreement shall
terminate.
The City Manager recommended that Council authorize
continuation of the Williamson Road Area Service District additional tax
as provided for in Section 32-103.1, Code of the City of Roanoke (1979),
as amended; and execution of a new Williamson Road Area Service
District Services Agreement between the City and the Williamson Road
Area Business Association, Inc.
(For full text, see report on file in the City Clerk's Office.)
Mr. McCadden offered the following emergency ordinance:
(~32943-052096) AN ORDINANCE amending and reordaining §32-
102.3(a), Pur_ooses of Tax, §32-102.4, Other Powers and Duties, §32-
103.3(a), Pur_ooses of Tax, and §32-103.4, Other Powers and Duties, of
the Code of the City of Roanoke (1979), as amended, so that the
references in those sections to the Code of Virginia will conform with
the current numbering of the Code of Virginia; and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 381.)
Mr. McCadden moved the adoption of Ordinance No. 32943-
052096. The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
562
ACTION:
Mr. McCadden offered the following emergency ordinance:
(#32944-052096) AN ORDINANCE authorizing continuation of the
additional tax on real property and improvements located in the
Williamson Road Area Service District as defined by Section 32-t03.2
of the Code of the City of Roanoke (1979), as amended, and further
authorizing a certain agreement to be entered into with the Williamson
Road Area Business Association, Inc. (WRABA) for an initial term of
one year commencing July 1, 1996, and for nine successive one year
terms, to provide that WRABA shall act on behalf of the City to foster
economic advancement and development of the Williamson Road Area
Service District previously created by City Council; and providing for
an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 383.)
Mr. McCadden moved the adoption of Ordinance No. 32944-
052096. The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ................................................................... 6.
NAYS: None ...... -0.
(Council Member Bowles was absent.)
HUMAN DEVELOPMENT-HOUSING/AUTHORITY-GRANTS-
HABITAT FOR HUMANITY: The City Manager submitted a written report
advising that the Vacant Lot Homesteading Program is an ongoing
program that provides funds to reimburse some of the expenses of
building new houses on vacant lots and selling the houses to Iow-
moderate income households within older areas of the City; Council
adopted Ordinance No. 32525-062695 providing $20,000.00 in
Community Development Block Grant (CDBG) funds available in
Account No. 035-095-9520-5104 for Vacant Lot Homesteading Program
activities; Habitat for Humanity in the Roanoke Valley has completed
projects potentially eligible for reimbursement under the Vacant Lot
Homesteading Program at 819, 825, 831, and 837 Kellogg Avenue,
N. W., 2019 Moorman Road, N. W., 1430 Salem Avenue, S. W., and 1701
563
ACTION:
Chapman Avenue, S. W.; and execution of an agreement with Habitat
for Humanity in the Roanoke Valley is necessary to provide
reimbursement for the projects in accordance with CDBG regulations
and Vacant Lot Homesteading Program requirements.
The City Manager recommended that he, or the Assistant City
Manager, be authorized to execute and that the City Clerk be authorized
to attest the agreement with Habitat for Humanity in the Roanoke
Valley, in a form to be approved by the City Attorney, to provide for
reimbursement of certain costs, upon completion and sale of identified
properties under the Vacant Lot Homesteading Program.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt offered the following resolution:
(#32945-052096) A RESOLUTION authorizing the City Manager
to execute an agreement with Habitat for Humanity in the Roanoke
Valley, to provide funding for reimbursement of expenses associated
with construction of seven new houses on seven lots under the
provisions of the Vacant Lot Homesteading Program, upon certain
terms and conditions.
(For full text of Resolution, see Resolution Book No. 58, page 385.)
Ms. Wyatt moved the adoption of Resolution No. 32945-052096.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
INSURANCE-SPECIAL PERMITS-SPECIAL EVENTS-FESTIVAL IN
THE PARK: The City Manager submitted a written report advising that
Roanoke Festival in the Park, Inc., conducts the largest annual outdoor
event in the City; a three-year contract was negotiated in 1993 that
covered 1993, 1994 and 1995 festivals which specified obligations by
both Festival in the Park and the City which has now expired; 1996
5,64
ACTION:
Festival in the Park is scheduled to begin on May 23, 1996 and
conclude on June 2, 1996; and the proposed contract retains the
maximum of $45,000.00 per year in City support, which includes labor,
utilities and equipment rental fees, and is similar to the three year
contract approved in 1993, but more detailed in expectations by both
involved parties.
The City Manager recommended that he be authorized to execute
the proposed contract with Festival in the Park, Inc., in a form to be
approved by the City Attorney.
(For full text, see report on file in the City Clerk's Office.)
Mr. White offered the following resolution:
(#32946-052096) A RESOLUTION authorizing the City Manager
to execute an agreement with Roanoke Festival in the Park, Inc., upon
certain terms and conditions.
(For full text of Resolution, see Resolution Book No, 58, page 386.)
Mr. White moved the adoption of Resolution No. 32946-052096.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White, and
Mayor Bowers .5.
NAYS: None ..................................................................... 0.
(Council Member Bowles was absent.) (Council Member Wyatt was out
of the Council Chamber.)
BUDGET-REFUSE COLLECTION-CMERP-RECYCLING-FLEET
MAINTENANCE FUND-EQUIPMENT: The City Manager submitted a
written report advising that the Capital Maintenance and Equipment
Replacement Program has identified the need for a recyclables hauler
to continue implementation of the City's Recycling Program; and bids
were received on March 27, 1996, and publicly opened and read in the
Office of the Manager of Supply Management; whereupon, the City
Manager recommended that Council concur in the following actions:
565
accept the lowest bid, submitted by Wilbar Truck
Equipment, Inc., for one new recyclables hauler
cab/chassis and body and one new recyclables hauler
body to be mounted on existing cab/chassis, at a total
cost of $120,081.40;
transfer $120,081.40 from Capital Maintenance and
Equipment Replacement Program to Fleet Management
Account No. 017-052-2642-9010; and
reject all other bids received by the City.
(For full text, see report on file in the City Clerk's Office.)
Dr. Butler offered the following emergency budget ordinance:
(#32947-052096) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 386.)
ACTION:
Dr. Butler moved the adoption of Ordinance No. 32947-052096.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White
and Wyatt .................................................................................. 5.
NAYS: None ...................................................................... O.
(Council Member Bowles was absent.) (Mayor Bowers abstained from
voting.)
Dr. Butler offered the following resolution:
(#32948-052096) A RESOLUTION accepting the bid for the
purchase of one new Recyclables Hauler, cab/chassis and body and
one new Recyclables Hauler body from Wilbar Truck Equipment, Inc.,
upon certain terms and conditions; and rejecting all other bids made
for such items.
(For full text of Resolution, see Resolution Book No. 58, page 388.)
566
ACTION:
Dr. Butler moved the adoption of Resolution No. 32948-052096.
The motion was seconded by Mr. Parrott and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White
and Wyatt ............................................................................. 5.
NAYS: None O.
(Council Member Bowles was absent.) (Mayor Bowers abstained from
voting.)
BUDGET-POLICE DEPARTMENT-REFUSE COLLECTION-PUBLIC
WORKS-CMERP-FLEET MAINTENANCE FUND-EQUIPMENT-STREETS
AND ALLEYS: The City Manager submitted a written report advising
that the Capital Maintenance and Equipment Replacement Program has
identified vehicle replacement needs for various departments; and bids
were received and publicly opened in the Office of the Manager of
Supply Management on February 2, 1996; whereupon, the City Manager
recommended that Council concur in the following actions:
accept the lowest bids and authorize issuance of purchase
orders for the following equipment:
one new eight passenger window van from
Farrell Ford-Pontiac, Inc., at a total cost of
$16,985.00;
two new cab/chassis for refuse bodies from
Highway Motors, Inc., at a total cost of
$103,220.00;
two new refuse bodies from Mid-State
Equipment Co., at a total cost of $52,500.00;
two new ten-ton dump bodies from Cavalier
Equipment Co., at a total cost of $15,218.66
transfer $187,923.66 from Capital Maintenance and
Equipment Replacement Program to Fleet Management
Account No. 017-052-2642-9010; and
567
ACTION:
ACTION:
reject all other bids received by the City
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott offered the following emergency budget ordinance:
(#32949.052096) AN ORDINANCE to amend and reordain certain
sections of the 1995-96 General and Fleet Management Fund
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 389.)
Mr. Parrott moved the adoption of Ordinance No. 32949-052096.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, White
and Wyatt .................................................................................. 5.
NAYS: None ..................................................................... -0.
(Council Member Bowles was absent.) (Mayor Bowers abstained from
voting.)
Mr. Parrott offered the following resolution:
(#32950-052096) A RESOLUTION accepting bids for the purchase
of trucks and related equipment, upon certain terms and conditions;
and rejecting all other bids made for such items.
(For full text of Resolution, see Resolution Book No. 58, page 390.)
Mr. Parrott moved the adoption of Resolution No. 32950-052096.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, White
and Wyatt .................................................................................. 5.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.) (Mayor Bowers abstained from
voting.)
568
POLICE DEPARTMENT-COMMISSIONER OF REVENUE-
LICENSES: The City Manager submitted a written report advising that
during its 1993 Session, the Virginia General Assembly amended
Section 46.2-752, Code of Virginia (1950), as amended, to permit
formation of regional compacts for reciprocal enforcement of vehicle
license decal requirements; and the Director of Public Safety, Police
Chief, Commissioner of the Revenue, and City Treasurer, working with
their counterparts from Roanoke County, City of Salem and Town of
Vinton, with the assistance of corresponding legal offices, have
developed a proposed regional compact.
It was further advised that participants in the present agreement
consider the first full year's results to be beneficial in increasing decals
sold and related revenues, including personal property taxes; the
Counties of Botetourt and Franklin have approved, or are in the
process of approving, inclusion in the regional decal enforcement
compact; and decal enforcement is performed as a segment of routine
motor vehicle stops for other driving or regulatory infractions.
The City Manager recommended that he be authorized to enter
into a compact with any other locality which authorizes such compact
and enact companion measures necessary for enforcement of the
regional compact which will enable police officers in the City of
Roanoke to enforce ordinances of compact members and vice versa,
such compact to be effective July t, 1996.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Dr. Butler moved that the following ordinance be placed upon its
first reading:
(#32951) AN ORDINANCE authorizing an agreement with other
regional governments to effectuate regional enforcement of vehicle
decal ordinances.
(For full text of Ordinance, see Ordinance Book No. 58, page 398.)
The motion was seconded by Mr. White and adopted by the
following vote:
569
ACTION:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS:
PARKS AND RECREATION-NEIGHBORHOOD ORGANIZATIONS-
YOUTH: Ordinance No. 32900 authorizing the City Manager to enter
into an agreement authorizing the Northwest Recreation Club to
construct a permanent addition to an existing structure at the Westside
ballfield behind the existing baseball backstop, to be constructed of
such materials and design as may be approved by the City Manager, or
his designee, and the Supervisor of Building Operations for the
Roanoke City Public Schools, prior to commencement of any
construction, having previously been before the Council for its first
reading on Monday, May 6, 1996, read and adopted on its first reading
and laid over, was again before the body, Mr. McCadden offering the
following for its second reading and final adoption:
(#32900-052096) AN ORDINANCE authorizing the City Manager
to enter into an agreement authorizing the Northwest Recreation Club
to construct a permanent addition to an existing structure at the
Westside ballfield, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 372.)
Mr. McCadden moved the adoption of Ordinance No. 32900-
052096. The motion was seconded by Mr. Parrott and adopted by the
following vote:
570
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers -6.
NAYS: None, ,0.
(Council Member Bowles was absent.)
EASEMENTS-DONATIONS/CONTRIBUTIONS-PUBLIC WORKS-
WATER RESOURCES-VALLEY VIEW MALL: Ordinance No. 32912
providing for dedication of a certain waterline and waterline easement
across property located at or near Valley View Mall in the City of
Roanoke and owned by Sears, Roebuck & Co.; Valley View Associates
Limited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart
Stores, Inc., as more particularly described in a report of the Water
Resources Committee dated May 6, 1996, having previously been
before the Council for its first reading on Monday, May 6, 1996, 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:
(#32912-052096) AN ORDINANCE authorizing acceptance of the
dedication of a certain waterline easement across property located at
or near Valley View Mall in the City of Roanoke, and owned by Sears,
Roebuck and Co.; Valley View Associates Limited Partnership; Noro
Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain
terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 374.)
ACTION:
Mr. White moved the adoption of Ordinance No. 32912-052096.
The motion was seconded by Ms. Wyatt and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers .................................................................. -6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
571
ACTION:
EASEMENTS-APPALACHIAN POWER COMPANY-CITY
PROPERTY-JUVENILE CORRECTIONAL FACILITIES-UTILITIES-WATER
RESOURCES: Ordinance No. 32913 providing for dedication of a public
utility easement to Appalachian Power Company across City-owned
property at Coyner Springs for the purpose of upgrading existing
overhead electric power lines and the relocation of poles along Va.
Route 660, and the vacation by Appalachian Power Company of unused
portions of an existing public utility easement, all as more particularly
described in a report of the Water Resources Committee dated May 6,
1996, having previously been before the Council for its first reading on
Monday, May 6, 1996, read and adopted on its first reading and laid
over, was again before the body, Ms. Wyatt offering the following for its
second reading and final adoption:
(#32913-052096) AN ORDINANCE authorizing dedication of a
certain public utility easement to Appalachian Power Company, and
vacation by Appalachian Power Company of certain portions of an
existing public utility easement across City-owned property located at
Coyner Springs, upon certain terms and conditions.
(For full text of Ordinance, see Ordinance Book No. 58, page 375.)
Ms. Wyatt moved the adoption of Ordinance No. 32913-052096.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... 0.
(Council Member Bowles was absent.)
PARKS AND RECREATION-CITY PROPERTY-LEASES-BLUE
RIDGE PUBLIC TELEVISION-WATER RESOURCES: Ordinance No.
32914 authorizing a new lease with Blue Ridge Public Television, for
five acres of City-owned property in Fishburn Park, for a term of five
years, at a rate of $1.00 per year, upon certain terms and conditions, as
more particularly described in a report of the Water Resources
Committee dated May 6, 1996, having previously been before the
Council for its first reading on Monday, May 6, 1996, read and adopted
on its first reading and laid over, was again before the body, Ms. Wyatt
offering the following for its second reading and final adoption:
572
(#32914-052096) AN ORDINANCE authorizing and providing for
the lease by the City of five acres of City-owned property in Fishburn
Park (the "Property") to Blue Ridge Public Television, subject to certain
terms and conditions.
ACTION:
(For full text of Ordinance, see Ordinance Book No. 58, page 375.)
Ms. Wyatt moved the adoption of Ordinance No. 32914-052096.
The motion was seconded by Dr. Butler and adopted by the following
vote:
ACTION:
AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt
and Mayor Bowers ............................................................... 6.
NAYS: None ,0.
(Council Member Bowles was absent.)
COUNCIL: Mr. Parrott offered the following resolution changing
the time and place of commencement of the regular meeting of City
Council scheduled to be held at 12:30 p.m., on Monday, June 3, 1996,
to 12:00 noon, on Monday, June 3, t996, at the Vinton War Memorial,
814 East Washington Avenue, Vinton, Virginia, with the 2:00 p.m.,
session of the Council on the same date to be held in the City Council
Chambers, 215 Church Avenue, S. W.:
(#32952-052096) A RESOLUTION changing the time and place of
commencement of the regular meeting of City Council scheduled to be
held at 12:30 p.m., on Monday, June 3, 1996.
(For full text of Resolution, see Resolution Book No. 58, page 391.)
Mr. Parrott moved the adoption of Resolution No. 32952-052096.
The motion was seconded by Mr. White and adopted by the following
vote:
AYES: Council Members Buffer, McCadden, Parrott, White, Wyatt
and Mayor Bowers .................................................................... 6.
NAYS: None .................................................................. 0.
(Council Member Bowles was absent.)
573
ACTION:
ACTION:
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS
OF COUNCIL:
ACTS OF ACKNOWLEDGEMENT-SCHOOLS: Ms. Wyatt
commended Justin Marlles, ten-year old son of John R. Marlles, Chief
of Planning and Community Development, who placed 23rd in the
United States and first in his division in the nation in the Chess
Program sponsored by the Roanoke City Public Schools.
BUDGET-COUNCIL: Mr. Parrott moved that Council reconsider
its action relative to Resolution No. 32935-051396 adopted on Monday,
May 13, 1996, which increased the salaries of the Mayor and Members
of City Council, and that the matter be tabled until the regular meeting
of Council on Monday, June 3, 1996. The motion was seconded by Ms.
Wyatt and adopted.
OTHER HEARINGS OF CITIZENS: None.
At 4:15 p.m., the Mayor declared the meeting in recess.
At 5:15 p.m., the meeting reconvened in the Council Chamber,
with Mayor Bowers presiding, and all Members of the Council in
attendance, with the exception of Council Member Bowles.
COUNCIL: With respect to the Executive Session just concluded,
Dr. Butler 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 Ms. Wyatt and adopted by the following vote:
AYES: Council Members Butler, McCadden, Parrott, White, Wyatt
and Mayor Bowers ..................................................................... 6.
NAYS: None ...................................................................... O.
(Council Member Bowles was absent.)
574
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised
that the terms of office of Sherman A. Holland, Thomas H. Miller,
J. Stephen Shepard, and Carolyn L. Word as members of the Youth
Services Citizen Board will expire on May 31, 1996, and called for
nominations to fill the vacancies.
Mr. Parrott placed in nomination the names of Sherman A.
Holland, Thomas H. Miller, J. Stephen Shepard, and Carolyn L. Word.
There being no further nominations, Messrs. Holland, Miller, and
Shephard and Ms. Word were reelected as members of the Youth
Services Citizen Board, for terms ending May 31, 1999, by the following
vote:
ACTION:
ACTION:
FOR MESSRS. HOLLAND, MILLER AND SHEPARD AND MS.
WORD: Council Members Buffer, McCadden, Parrott, White, Wyatt and
Mayor Bowers 6.
(Council Member Bowles was absent.)
EASEMENTS-FRANCHISES-ROANOKE GAS COMPANY: Mr.
White moved that public notice be given as required by law that bids
will be received in open session of the Council on Monday, June 17,
1996, for the award of a 20-year franchise to use the public right-of-way
for construction and maintenance of a gas distribution system. The
motion was seconded by Dr. Butler and adopted, Council Member
Parrott abstained from voting.
At 5:20 p.m., the Mayor declared the meeting in recess until 7:00
p.m.
At 7:00 p.m., the Roanoke City Council reconvened in regular
session in the City Council Chamber, fourth floor, Municipal Building,
215 Church Avenue, S. W., City of Roanoke, with the following Council
Members in attendance, Vice-Mayor White presiding:
PRESENT: Council Members Wendell H. Butler, Delvis O.
McCadden, John H. Parrott, Linda F. Wyatt and Vice-Mayor
William White, Sr. .5.
ABSENT: Council Member Elizabeth T. Bowles and Mayor
David A. Bowers ......................................................................... 2.
575
OFFICERS PRESENT: W. Robert Herbert, City Manager;
Wilburn C. Dibling, Jr., City Attorney; Michael R. Crew, Manager of
Accounting Services; and Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by Vice-
Mayor White.
The Pledge of Allegiance to the Flag of the United States of
America was led by Vice-Mayor White.
PRESENTATIONS:
PROCLAMATIONS-YOUTH: The Vice-Mayor presented a
Proclamation declaring Saturday, June 1, 1996, as "Stand for Children
Day" in the City of Roanoke.
(For full text, see Proclamation on file in the City Clerk's Office.)
ACTS OF ACKNOWLEDGEMENT-COUNCIL-VA AMATEUR
SPORTS/COMMONWEALTH GAMES: Kenneth C. King, Jr., Member,
Directors, Virginia Commonwealth Games, advised that on July 12 - 14,
1996, 9,000 athletes will converge on the Roanoke Valley, competing in
42 sports activities. He explained that the Roanoke Valley is the
keystone of this event which is a Statewide attraction, and Roanoke
Valley sports facilities are unparalleled throughout the Commonwealth
of Virginia for the number, diversity, and quality. On behalf of the
Virginia Commonwealth Games, he presented each member of Council
with a tee-shirt commemorating 1996 activities and a copy of the athlete
information booklet.
HEARING OF CITIZENS UPON PUBLIC MATTERS: None.
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, May 20, 1996, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Michael W.
Wells to amend certain proffered conditions in conjunction with the
rezoning of a parcel of land located at 3904 Virginia Avenue, N. W.,
identified as Official Tax No. 2761409; and that a 0.5-acre tract of land
576
ACTION:
located at the rear of property identified as Official Tax No. 2761421 and
fronting on Virginia Avenue, be rezoned from RS-3, Residential Single-
Family District, to C-2, General Commercial District, subject to certain
conditions proffered by the petitioner, the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Friday, May 3, 1996, and Friday, May 10, 1996, and
in the Roanoke Tribune on Thursday, May 9, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
A communication from Mr. Wells requesting that the matter be
postponed for 90 days was before Council.
(For full text, see communication on file in the City Clerk's Office.)
Dr. Butler moved that the public hearing be continued for a
period of 60 days. The motion was seconded by Mr. McCadden.
Ms. Wyatt expressed concern that the matter has been pending
for at least six months; whereupon, Mr. Wells advised that his reason
for requesting a continuation is to provide sufficient time to hire
another attorney since his present attorney could not attend the
Council meeting this evening.
The motion to continue the public hearing for 60 days was lost
by the following vote:
AYES: Council Members Butler and McCadden--
=
NAYS: Council Members Parrott, Wyatt and Vice-Mayor White-3.
(Mayor Bowers and Council Member Bowles were absent.)
Upon question, the City Attorney ruled that Council could
proceed with the public hearing this evening; however, Mr. Wells had
the option of withdrawing the request with the understanding that the
petition could not be resubmitted for consideration by Council for a
period of 12 months; whereupon, Mr. Wells expressed the desire to
continue with the public hearing as advertised.
577
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the expansion of an
existing automobile cleaning facility currently located in an existing
garage at the rear of Official Tax No. 2761409 and to eliminate several
proffered conditions limiting the size of the business and the amount
of signage permitted on the property, was before Council.
The City Planning Commission recommended denial of the
request, and advised that the existing proffered conditions restricting
the size of the business and signage are appropriate given the location
of the business operation near a residential neighborhood.
(For full text, see report on file in the City Clerk's Office.)
Mr. McCadden moved that the following ordinance be placed
upon its first reading:
"AN ORDINANCE to amend Sections 36.1-3 and
36.1-4, Code of the City of Roanoke (1979), as amended,
and Sheet No. 276, Sectional 1976 Zone Map, City of
Roanoke in order to amend certain conditions presenting
binding upon certain property previously conditionally
rezoned from RS-3, Residential Single Family District, to
C-2, General Commercial District, and to rezone certain
other property within the City, from RS-3, Residential
Single Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the applicant."
The motion was seconded by Ms. Wyatt.
Mr. Wells appeared before Council in support of his request and
advised that he would like to construct a two bay garage to provide
more space to operate his car cleaning facility. He stated that he has
attempted to rent another facility, but the rent is too expensive.
The Vice-Mayor inquired if there were persons present who
would like to be heard in connection with the matter; whereupon,
David H. Mitchell, 3910 Virginia Avenue, N. W., owner of property
adjacent to Mr. Wells' property, spoke against the expansion of the
facility. He expressed concern with regard to the resale value of his
property if the request is granted, traffic congestion, and noise.
578
Ms. Betty McCormick, 3826 Virginia Avenue, N. W., expressed
concern with regard to noise, hours of operation, disruption of traffic
on Westside Boulevard so that vehicles may exit the car wash,
deterioration of the neighborhood setting as more businesses locate
in the area, and depreciation of property values.
Ms. Julie McCormick, 3826 Virginia Avenue, N. W., expressed
concem with regard to the lack of sufficient parking space for vehicles
serviced by Mr. Wells business, damage to her Privacy fence by cars
parked by Mr. Wells, and a potentially dangerous traffic situation
caused by vehicles parked on Westeide Boulevard.
Mr. Paul F. Snodgrass, 3914 Virginia Avenue, N. W., expressed
concern with regard to traffic congestion and hours of operation which
should be limited to 8:00 a.m. to 5:00 p.m.
Following discussion of the request, Ms. Wyatt offered a
substitute motion that the matter be referred back to the City Planning
Commission for further study, report and recommendation to Council.
The substitute motion was seconded by Mr. Parrott and adopted, Mr.
McCadden voting no.
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Douglas E.
Caton that a portion of Official Tax No. 7090506, located on U. S. Route
460 East (Orange Avenue, N. E.) zoned C-2, General Commercial
District, and a portion of Official Tax No. 7090501, located on King
Street, N. E., and zoned RS-3, Residential Single-family District, be
rezoned to RM-2, Residential Multi-family, Medium Density District,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Tim~ on Friday, May 3, 1996, and Friday, May 10, 1996, and
in the Roanoke Tribune on Thursday, May 9, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
579
ACTION:
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the construction of a
248 unit multi-family garden style apartment community on a 17.56 acre
tract identified as a portion of Official Tax No. 7090506, which is
adjacent to Phase I and Phase II of existing Hickory Woods Apartments,
was before Council.
The City Planning Commission recommended approval of the
request for rezoning, which is a logical extension of the existing RM-2,
Residential Multi-family, Medium Density District zoning, and is
sensitive to existing neighborhood character, as well as consistent with
the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
"AN ORDINANCE to amend Section 36.1-3, Code of
the City of Roanoke (1979), as amended, and Sheet No.
709, Sectional 1976 Zone Map, City of Roanoke, to rezone
certain property within the City, subject to certain
conditions proffered by the applicant."
The motion was seconded by Mr. Parrott.
The Vice-Mayor inquired if there were persons in attendance who
would like to be heard in connection with the matter; whereupon, Ms.
Virginia K. Rhodes, 3258 Richard Avenue, N. E., expressed appreciation
to Mr. Helscher, City staff and City officials for addressing the concerns
of residents.
Ms. Linda H. Mann, 3334 King Street, N. E., adjacent property
owner, expressed concern with regard to construction of an apartment
complex in the middle of a residential section, devaluation of her
property and safety of persons using King Street. She asked that
Council refer the matter back to the City Planning Commission to look
at the real impact of the project on King Street, and called attention to
unsafe traffic conditions in the area of Springtree Drive and Berkley
Road.
58O
Mr. Thomas C. Mann, 3334 King Street, N. E., expressed concern
with regard to traffic conditions, narrow rough pavement, and a
decrease in his property value if the request for rezoning is approved.
David C. Helscher, Attorney, appeared before Council in support
of the request of his client.
Question was raised with regard to whether there are plans for
improvements to King Street; whereupon, the Director of Public Works
advised that at the time the small industrial development park was
authorized in the area of King Street which includes Virginia
Transformer, Council adopted a measure requesting the Virginia
Department of Transportation to program a project for improvements
to King Street and, unfortunately, that project has not been
programmed to date due to lack of funds and the City is still requesting
that the project be programmed. He further advised that there is an
intersection improvement project at Springtree Drive and Berkley Road
which has been authorized and funded by VDOT traffic safety funds,
that will include adding a third lane to King Street at Berkeley Road to
provide left turn storage for traffic turning onto Berkley Road, and the
project is currently funded, designed, and in the right-of-way
acquisition stage.
Following considerable discussion of the request for rezoning,
the ordinance was lost by the following vote:
AYES: Council Member Butler
NAYS: Council Members McCadden, Parrott, Wyatt and Vice-
Mayor White 4.
(Mayor Bowers and Council Member Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Lawrence H.
Logan, Sr., that a certain tract of land located at 701 Salem Avenue,
S. W., identified as Official Tax No. 1111118, be rezoned from LM, Light
Manufacturing District, to CN, Neighborhood Commercial District,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
581
Legal advertisement of the public hearing was published in The
RoanckQ Times on Friday, May 3, 1996, and Friday, May 10, 1996, and
in the Roanoke Tribune on Thursday, May 9, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to place an existing
nonconforming use into a zoning classification which will permit use
of said structure as a neighborhood convenience store with one
second-floor dwelling, was before Council.
The City Planning Commission recommended approval of the
request for rezoning, and advised that the proposed rezoning will place
an existing nonconforming structure and use into a conforming zoning
district, and noted that the existing structure on the site is not suitable
for industrial development.
(For full text, see report on file in the City Clerk's Office.)
ACTION:
Mr. McCadden moved that the following ordinance be placed
upon its first reading:
(#32953) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone
Map, City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
(For full text of Ordinance, see Ordinance Book No. 58, page 398.)
The motion was seconded by Mr. Parrott.
Lawrence H. Logan, Jr., appeared before Council in support of
the request.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 32953 was adopted, on its first reading, by the
following vote:
582
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White. .5.
NAYS: O.
(Mayor Bowers and Council Member Bowles were absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the
Council on Monday, April 6, 1981, the City Clerk having advertised a
public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Roanoke-
Salem Business Center, L.L.C., that a portion of property identified as
Official Tax No. 2761701, beginning at a point approximately 250 feet,
more or less, south of Melrose Avenue, N. W., be rezoned from C-2,
General Commercial District, to IPUD, Industrial Planned Unit
Development District; property identified as Official Tax No. 2750101,
fronting Polk Street, N. W., be rezoned from C-2, General Commercial
District, to IPUD, Industrial Planned Unit Development District; and
property identified as Official Tax No. 2750102, fronting Michigan
Avenue, N. W., be rezoned from RM-1, Residential Multi-family, Low
Density District, to IPUD, Industrial Planned Unit Development District,
subject to certain conditions proffered by the petitioner, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Time~ on Friday, May 3, 1996, and Friday, May 10, 1996, and
in the Roanoke Tribune on Thursday, May 9, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the
purpose of the request for rezoning is to permit the adaptive reuse of
a 27.916 acre shopping center (Roanoke Salem Plaza) as a business
center which will contain a mix of retail, office, research and light
manufacturing uses, was before Council.
The City Planning Commission recommended approval of the
request for rezoning, and advised that the proposed rezoning will
facilitate the adaptive reuse of the existing mall and is consistent with
the City's Comprehensive Plan.
(For full text, see report on file in the City Clerk's Office.)
583
ACTION:
Ms. Wyatt moved that the following ordinance be placed upon its
first reading:
(#32954) AN ORDINANCE to amend Section 36.1-3, Code of the
City of Roanoke (1979), as amended, and Sheet Nos. 275 and 276,
Sectional 1976 Zone Map, City of Roanoke, to rezone certain property
within the City.
(For full text of Ordinance, see Ordinance Book No. 58, page 400.)
The motion was seconded by Mr. McCadden.
Roy V. Creasy, Attorney, appeared before Council in support of
the request of his client.
The Mayor inquired if there were persons present who would like
to address Council with regard to the request for rezoning. There being
none, Ordinance No. 32954 was adopted, on its first reading, by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White ................................... 5.
NAYS: .......... 0.
(Mayor Bowers and Council Member Bowles were absent.)
CITY CODE-ZONING-PLANNING-SUBDIVISIONS-FEE
COMPENDIUM: The City Clerk having advertised a public hearing for
Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of the City Planning Commission to
amend Section 31-39, Fees for plat review, of Chapter 31, Subdivisions,
and Section 36.1-710, Fees qenerally, of Chapter 36.1, Zonincj, of the
Code of the City of Roanoke (1979), as amended, to implement a
Deferred Payment Program which will provide a deferred payment
option to customers in the development community, the matter was
before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Friday, May 3, 1996, and Friday, May 10, 1996, and
in the Roanoke Tribune on Thursday, May 9, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
584
A report of the City Planning Commission recommending that the
Zoning Ordinance, specifically Section 36.1-710, be amended, to
reference the new Deferred Payment Program and that the Subdivision
Ordinance, specifically Section 31-39, be amended to reference said
Program, was before Council.
It was explained that the proposed amendments will help
improve customer service to the City's development community by
permitting certain services to be billed by the City at a later date.
A report of the City Manager also recommending a Deferred
Payment Program for permit fees, was before Council.
(For full text, see reports on file in the City Clerk's Office.)
Dr. Butler offered the following emergency ordinance:
(#32955-052096) AN ORDINANCE amending and reordaining §31-
39, Fees for _plat review, of Chapter 31, Subdivisions, and §36.1-710,
Fees _aenerally, of Chapter 36.1, Zonin_a, of the Code of the City of
Roanoke (1979), as amended, to implement the Deferred Payment
Program which will provide a deferred payment option to customers in
the development community; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 58, page 392.)
The motion was seconded by Mr. Parrott.
The Vice-Mayor inquired if there were persons present who
would like to address Council in connection with the matter. There
being none, Ordinance No. 32955-052096 was adoptsd by the following
vote:
ACTION:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White 5.
NAYS: ......................................................................... -0.
(Mayor Bowers and Council Member Bowles were absent.)
Mr. Parrott moved that the following ordinance be placed upon
its first reading:
585
(#32956) AN ORDINANCE amending and reordaining Sections 7-
14, Permit and ins_oections fees, of Article II, Building Cede, of Chapter
7, Building Regulations; 11-9, Same - Review and ins_oection fee, of
Chapter 11, ErQ~ion and Sediment Control; 26-4.1, Sewer connection
fees and charges, of Article I, In General, of Chapter 26, Sewers and
Sewage Dis_oosal; and 30-62, Fee, of Division 2, Permit, of Article III,
~tregt Excavations, of Chapter 30, Streets and Sidewalks, to provide an
option for deferred payment of certain fees; and adding new Section 2-
178.2, Deferred Payment Program, to Article VIII, Finance Generally, of
Chapter 2, Administration, of the Code of the City of Roanoke (1979), as
amended, to establish procedures for a deferred payment program; and
providing for an effective date.
(For full text of Ordinance, see Ordinance Book No. 58, page 401.)
The motion was seconded by Ms. Wyatt and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White. .5.
NAYS: -0.
(Mayor Bowers and Council Member Bowles were absent.)
TAXES-LEGISLATION-SPECIAL PERMITS: The City Clerk having
advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of the
Northwest Recreation Club, Inc., for adoption of a measure in support
of tax-exempt status on real property located at 1529 Williamson Road,
N. W., the matter was before the body.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, May 12, 1996.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that the Northwest
Recreation Club, Inc., is the owner of certain real property located at
1529 Williamson Road, N. E., being Lots 6, 13, 14, and 15, Block 1,
Survey No. 1, Oakland, Official Tax Nos. 3070707, 3070714,
3070715, and 3070716, which property has a real estate assessed
value for 1995-96 of $273,800.00, with a real estate tax assessment of
586
ACTION:
$3,367.72; and on February 22, 1996, the Northwest Recreation Club,
Inc., petitioned Council requesting adoption of a measure in support of
the organization obtaining tax exempt status from the General
Assembly on property located in the City of Roanoke, was before the
body.
The City Manager recommended that Council grant the request
of the Northwest Recreation Club, Inc., thereby supporting its request
to the 1997 Session of the Virginia General Assembly to be designated
exempt from taxation, pursuant to Article X, Section 6(a)6 of the
Constitution of Virginia.
(For full text, see report on file in the City Clerk's Office.)
James R. Cromwell, Attorney, appeared before Council in
support of the request of his client.
The Vice-Mayor inquired if there were persons in attendance who
would like to address Council in connection with the matter. There
being none, Mr. Parrott offered the following resolution:
(#32957-052096) A RESOLUTION supporting tax exemption of
property in the City of Roanoke owned by Northwest Recreation Club,
Inc., and used by it exclusively for charitable or benevolent purposes
on a non-profit basis.
(For full text of Resolution, see Resolution Book No. 58, page 394.)
Mr. Parrott moved the adoption of Resolution No. 32957-052096.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White --5.
NAYS: .0.
(Mayor Bowers and Council Member Bowles were absent.)
587
TAXES-LEGISLATION-SPECIAL PERMITS: The City Clerk having
advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or
as soon thereafter as the matter may be heard, on the request of
AMVETS - Post #40, for adoption of a measure in support of tax-exempt
status on real property located at 911 Tazewell Avenue, S. E., the matter
was before Council.
Legal advertisement of the public hearing was published in The
RoanQke Times on Sunday, May 12, 1996.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Manager advising that AMVETS-Post #40 is
the owner of certain real property located at 911 Tazewell Avenue, S. E.,
at the southeast corner of Tazewell Avenue and Ninth Street, described
as Official Tax Nos. 4112101 and 4112102, which has a real estate
assessed value for 1995-96 of $175,600.00, with a real estate tax
assessment of $2,159.88; and on November 16, 1995, AMVETS-Post ~40
petitioned Council requesting adoption of a measure in support of the
organization obtaining tax exempt status from the General Assembly
on property located in the City of Roanoke, was before the body.
The City Manager recommended that Council grant the request
of AMVETS-#40 thereby supporting its request to the 1997 Session of
the Virginia General Assembly to be designated exempt from taxation,
pursuant to Article X, Section 6(a)6 of the Constitution of Virginia.
(For full text, see report on file in the City Clerk's Office.)
Kenneth C. King, Jr., Attorney, appeared before Council in
support of the request of his client.
The Mayor inquired if there were persons in attendance who
would like to address Council in connection with the matter. There
being none, Ms. Wyatt offered the following resolution:
(#32958-052096) A RESOLUTION supporting tax exemption of
property in the City of Roanoke owned by AMVETS-Post ~40 and used
by it exclusively for patriotic, charitable or benevolent purposes on a
non-profit basis.
(For full text of Resolution, see Resolution Book No. 58, page 396.)
588
ACTION:
Ms. Wyatt moved the adoption of Resolution No. 32958-052096.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White 5.
NAYS: 0.
(Mayor Bowers and Council Member Bowles were absent.)
CITY CODE-TAXES-COMMISSIONER OF REVENUE-
LEGISLATION-LICENSES: The City Clerk having advertised a public
hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as
the matter may be heard, with regard to a proposed $50.00 issuance fee
for a Business, Professional, and Occupational License, effective on
and after January 1, 1997, the matter was before Council.
Legal advertisement of the public hearing was published in The
Roanoke Times on Sunday, May 12, 1996, and in the Roanoke Tribune
on Thursday, May 16, 1996.
(See publisher's affidavits on file in the City Clerk's Office.)
A report of the Director of Finance advising that Business,
Professional, and Occupational License taxes (BPOL) are the fourth
largest revenue source for the City of Roanoke, generating more than
six per cent of the City's General Fund revenues; and for the fiscal year
ending June 30, 1997, BPOL taxes are expected to generate
approximately $9.1 million in revenues, was before Council.
It was further advised that House Bill 293, which was passed
during the t996 Virginia General Assembly, adds uniformity to the
administration of the Business, Professional, and Occupational License
tax, and provides that localities may impose a fee for issuing a
business license, which legislation provides that the fee may not
exceed $100.00, based on the City of Roanoke's population, and by
January 1, 2000, the fee shall not exceed $50.00; and the Bill further
mandates that no tax rate be imposed on any business with gross
receipts of $100,000.00 or less.
589
ACTION:
The Director of Finance explained that the Code of the City of
Roanoke must be amended to comply with requirements of House Bill
293; the provision that no tax rate be imposed on businesses with
gross receipts of $100,000.00 or less is mandated; an issuance fee will
need to be established which may not exceed $100.00 initially and
$50.00 by January 1, 2000; legislation permits this issuance fee to be
charged to all Business, Professional, and Occupational License
taxpayers, not only those with gross receipts of $100,000.00 or less;
and based on studies performed regarding the effect of various
issuance fees, it is proposed that a $50.00 issuance fee required for all
businesses, would result in a revenue neutral situation for the City of
Roanoke's BPOL tax.
The Director of Finance recommended that the City Code be
amended to comply with provisions of legislation adopted by the 1996
Session of the Virginia General Assembly and approved by Governor
George F. Allen on April 6, 1996, which provides that, effective January
1, 1997, businesses with gross receipts of $100,000.00 or less shall not
be charged a business license tax rate, and that an issuance fee of
$$0.00 be adopted that would be imposed upon all businesses subject
to the Business, Professional, and Occupational License Tax.
(For full text, see report on file in the City Clerk's Office.)
Mr. Parrott moved that the following ordinance be placed upon
its first reading:
(#32959) AN ORDINANCE amending Article I. In General and
Article II. Business. Professional and Occupational License Taxation,
of Chapter 19, License Tax Code, of the Code of the City of Roanoke
(1979), as amended, by the addition of new Sections 19-1.1, Intent of
this cha_oter: levy and _our_~ose of tax; 19-1.2, License requirement;
ree_uirin_~ evidence of _;)ayment of business license, business personal
_oro_oertT_. meals and admissions taxes; 19-1.3, Exce_otions; 19-22.1,
Limitations and extensions; 19-32.1, A_~Deals and rulinqs; 19-32.2, Situs
of ~_ross recei_ots: _~eneral rule; 19-32.3, A_D_oortionment of _~ross
recei_ots and agreements; by amending Sections 19-2, Definitions; 19-5,
Appointment and _~eneral powers and duties of license inspector and
deputies; 19-9, Se_oarate license for each place and class of business;
19-11, A_oplication for license; applicant's oath; 19-20, When tax
_oayable: installment _r)ayment: _oenalty for late _oayment: report and
590
collection of delina_uen¢iee; 19-24, Term of license: Droration of tax; 19-
30, Tax_~ayer's records; and 19-45, License tax cate_=ories and rates;
by REPEALING Sections 19-4, License year; 19-8, License rea_uir~d; 19-
10, Se_~arate license for each class of busines;; 19-13, Levy and
_~umose of taxes; 19-14, Tax not im_oosed contraw to state or federal
l;~w; and 19-15, Liability_ for tax pener;lly; and providing for an effective
date.
(For full text of Ordinance, see Ordinance Book No. 58, page 405.)
The motion was seconded by Ms. Wyatt.
The Vice-Mayor inquired if there were persons in attendance who
would like to address Council in connection with the matter;
whereupon, John M. Stroud, President, The Regional Chamber,
presented a communication under date of May 20, 1996, in opposition
to the $50.00 BPOL issuance fee, and requested that Council support
small business growth and not impose a BPOL tax fee greater than
$30.00 which will place the City of Roanoke in a revenue neutral
position.
Cathy Caddy, Owner, The Bottom Line, presented a
communication under date of May 13, 1996, in opposition to the $50.00
BPOL issuance fee, and urged that Council reject the proposal of the
Director of Finance.
(For full text, see communications on file in the City Clerk's Office.)
Ordinance No. 32959 was adopted, on its first reading, by the
following vote:
AYES: Council Members Butler, McCadden, Parrott, Wyatt and
Vice-Mayor White .5.
NAYS: .0.
(Mayor Bowers and Council Member Bowles were absent.)
591
OTHER HEARINGS OF CITIZENS:
TAXES-SPECIAL PERMITS-FESTIVAL IN THE PARK: Pamela
Wagner, Director of Development, Art Museum of Western Virginia,
appeared before Council and requested that the Art Museum be exempt
from payment of the license tax for the sidewalk art show to be held on
June 1 - 2, 1996.
Following a discussion of the matter, the City Manager advised
that he would negotiate the type of agreement with the Art Museum of
Western Virginia that would normally be submitted to Council for
approval and recommend that which is in the best interest of the City,
and if Council would like to give him that authority in conjunction with
the City Attorney, he would negotiate the best possible contract.
ACTION:
Mr. McCadden moved that Council authorize the City Manager
and the City Attorney to negotiate the appropriate contract with the Art
Museum of Western Virginia for the sidewalk art show to be held on
June 1 - 2, 1996.
The motion was seconded by Ms. Wyatt and adopted.
There being no further business, the Mayor declared the meeting adjourned
at 9:25 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
David A. Bowers
Mayor
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
August5,1996
Council Members:
C. Nelson Harris
John H. Parrott
Carroll E. Swain
James O. Trout
William White, Sr.
Linda F. Wyatt
The Honorable Members of
Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of VirgiNia (1950), as amended.
Sincerely,
Linda F. VVyatt
Vice-Mayor
LFW:se
August 5, 1996
The Honorable David A. Bowers, Mayor
and Members of' City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
This is to request that Council convene in Executive Session to discuss the use and
disposition of publicly held property, specifically property located in the Roanoke Centre for
Industry and Technology, pursuant to Section 2.1-344(A) (3), Code of Virginia (1950), as
amended.
WRH/kdc
Sincerely,
Herbert
City Manager
August 5, 1996
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for Executive Session
Dear Mayor Bowers and Council Members:
This is to request that Council convene in Executive Session
to discuss specific legal matters requiring the provision of legal
advice by counsel being the terms and conditions of a contract
relating to improved access for an industry that is considering
expansion pursuant to S2.1-344(A)(7), Code of Virginia (1950), as
amended.
Respectfully submitted,
¢ )ert Herbert
City Manager
WRH:f
CC:
Wilburn C. Dibling, Jr., City Attorney
Phillip C. Sparks, Chief, Economic Development
Mary F. Parker, City Clerk
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File #132-178-200
Willis M. Anderson, Chairperson
City of Roanoke Redevelopment and
Housing Authority Board of Commissioners
P. O. Box 6359
Roanoke, Virginia 24017-0359
Dear Mr. Anderson:
Your communication.with regard to a report on physical improvements and community
service programs at the Hurt Park housing development, was before the Council of the City
of Roanoke at a regular meeting held on Monday, August 5, 1996.
On motion, duly seconded and adopted, the communication was received and filed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc:
Neva J. Smith, Executive Director, City of Roanoke Redevelopment and Housing
Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
H. Wesley White, Secretary, City of Roanoke Redevelopment and Housing
Authority Board of Commissioners, 2624 Salem Turnpike, N. W., Roanoke, Virginia
24017
H:~AGENDA~AUGU~I'.5
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
July 30, 1996
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Councilman Carroll Swain and I visited the Hurt Park Project of the
Roanoke Redevelopment and Housing Authority earlier in the month of
July, 1996. You will recall that we were not pleased with the
condition of the housing area.
Please now find enclosed correspondence dated July 23, 1996, from
Willis M. Anderson, Chairman of the Board of Commissioners of the
Authority, along with pertinent parts of the Improvement Plan
prepared by the Housing Authority administration.
I would respectfully request that this item be placed on the
Consent Agenda for the next regular Council meeting on August 5,
1996, and thereafter received and filed with the understanding that
the Authority is responding to our earlier inquiry.
By copy of this letter to the Chairman, I am requesting that he
advise Councilman Swain and me when this project is to be
completed, and when we might revisit the area to see that the
improvements are underway or completed.
Sincerely,
David A. Bowers
Mayor
DAB:jas:js
Enclosures
pc:
Willis M. Anderson, Chairman, Board of Commissioners, Roanoke
Redevelopment and Housing Authority, Post Office Box 6359,
Roanoke, Virginia 24017-0359
I ANOKE
AND HOUSING
ALrmORITY
RECEIVED
JUL 3
MAYOR'8 OFFICE
Office of the Chairman
Partners in Progress
July 23, 1996
Honorable David A. Bowers, Mayor
City of Roanoke
215 Church Avenue S.W., Room 452
Roanoke, VA 24011-1594
Dear Mayor Bowers:
Your letter of July 8, 1996 concerning Hurt Park was discussed by the Authority's Board of
Commissioners at its meeting on the same date. As a result, the staff was requested to prepare a
report on physical improvements and community service programs at the Hurt Park development, a
copy of which I am pleased to enclose.
The specific matters cited in your letter are addressed as part of the enclosed report. I would,
however, make the following observations: The drain spouts not connected at the time of your visit
were on buildings then being re-roofed and were reconnected when the roofs were completed.
Mudslides are an occasional problem because of the topography and the matter is being addressed.
Also, please recall that your visit took place within two hours ora thunderstorm which dropped an
inch of rain ir~ a short period.
The grass in all public areas of Hurt Park and other developments is mowed on a regular basis by our
maintenance staff. Front yards are the responsibility of the individual tenants. While this policy may
detract from uniformity of appearance, it promotes tenant responsibility to which the Authority
attaches great importance.
The apartment unit damaged by fire in May is now being repaired.
Your interest in Hurt Park and the other nearly 1500 public housing units in the City operated by
the Authority is always welcome and our staff is available to assist at any time.
Sincerely.., ~~
Willis M. Andersc
Chairman
Board of Commissioners
CC;
Members, Roanoke City Council
Members, RRHA Board of Commissioners
P.O. Box 6359 * Roanoke, Virginia 24017-0359
2624 Salem Turnpike, N.W. · Roanoke, Virginia 24017-5334
Telephone (540) 983-9281 * TDD (540) 983-9217 · Fax (54.0) 983-9229
Introduction
The Hurt Park Development was built in 1968, and consists of 105 residential units, housing
approximately 300 residents. The housing in Hurt Park that is administered by the Roanoke
Redevelopment and Housing Authority serves a great need to low- and moderate-income residents
of the City of Roanoke. This need is fulfilled by providing housing units that rent from $25 to $379
a month, with an average rent orS115 per month. Over the past several years, the Authority has
put considerable effort and invested significant financial resources into the repair, replacement and
rehabilitation of the Hurt Park Public Housing Development. The purpose of this effort has been
to upgrade, repair, and modernize the residential units and bring the development into compliance
with current regulations.
In addition to the efforts to improve the residential units and site of Hurt Park
Development, considerable efforts have been made in the last several years towards the
establishment of community-based programs for the benefit of the residents and families of Hurt
Park. Projects such .as Project ROPE._(Hurt :Park Organization for Prevention_ and Education) ,.
endeavor to involve entire families and the community in family life and sex education, health
care, crime prevention, substance abuse prevention, self-esteem enhancement, recreation,
education, and job training/employment.
The objective of this report is to summarize the efforts and investments made by the
Authority to improve the quality of life for the residents of Hurt Park in terms of the dwellings
in which they live and services received within their community.
Part I: Hurt Park Physical Improvements
Since 1992, the Authority has spent in excess of $2.6 million for site and building
improvement projects. These projects entailed large-scale modernization of Hurt Park's 105
residential units as well as modifying the development's administrative and day care buildings to
accommodate handicap accessibility in compliance with UFA& An additional $900,000 of
improvements are budgeted for Hurt Park's residential units and site. The Authority anticipates
that these additional improvements will be completed before the close of the current fiscal year.
The largest comprehensive modernization effort was funded under the Comprehensive
Improvement Assistance Program (CIAP) 907. The entire project was accomplished over a three
year period with 23 months of actual commicl/on work at the site. Operating under a $2.5 million
contract, the residential units had over 18 individual work items performed to both the inside and
the exteriors of the units as well as to the physical site itself. Interior work included replacement
of windows and doors, replacement of the heating system, cabinet repairs or replacements,
installation of new ceramic tiles where plumbing work was replaced in bathroom areas, painting
of the interiors of units, plaster wall repairs, replacement of floor tiles and exterior transit panels
for the incidental abatement of asbestos, and handicap modifications making several units at this
site fully compatible with Section 504 (ADA). Exterior work included removal of exterior soffit
and fascia, replacement of gutters and downspouts, repair to sidewalks and stairs, planting trees
and shrubs, and regrading and seeding of lawn areas disturbed by the construction. Though not
originally in the contract, the drying area walls located at the ends of residential structures were
demolished at five locations (26 total throughout the Development). This particular work was done
at the request of the residents and of the COPE team.
In the year following the completion of this modernization project, the Authority awarded
a contract to bring the remaining areas of the site into full handicap compliance with the Uniform
Federation of Accessibility Standards (UFAS) and other Americans with Disabilities Act (ADA)
requirements. This particular contract did not impact the residential units, but was focused
primarily on the necessary alterations to the physical site as well as alterations and renovations to
the Administration Building and to the TAP Daycare Center. The costs associated with this
particular work included $30,000 for needed repairs and alterations to sidewalks located on City
property adjacent to the Hurt Park Development.
Currently, over $500,000 is under contract for improvements that involve the replacement of
roofing and sewage laterals throughout the Hurt Park development. Work on the roof replacement
has already begun with the removal of the roofs down to the bare trusses, followed by the_
installation of new sheathing and roofing. Part of the project addresses the installation of
additional insulation to increase resident comfort and to reduce heating cost to the Authority.
Roofs are also being equipped with powered roof ventilators to minimize heat and moisture
buildup in the attic spaces. Additionally, gutters and downspouts will be replaced as part of this
project. Existing drain boots at ground level will remain because they were previously replaced
as part of an earlier project.
Following the beginning of the roofing project, work will begin within the next month
(projected start date is August 9th) on the replacement of sewage laterals throughout the entire Hurt
Park Development. The purpose of this project is to reduce maintenance costs associated with
sewage system repairs. The current equipment is original to the site and, therefore, outdated and
in need of full replacement.
Proposed projects for Hurt Park involve the construction of a maintenance storage shed,
masonry repair, the installation of a playground, and HVAC renovations in an administrative building.
The projected cost for this proposed work is approximately $430,000. This figure is an estimate
reached by Authority staff and, therefore, attempts will be made for the cost of this work to
adhere to this amoum. These projects have already received bids but are postponed due to the bids
being in excess of anticipated costs. Rebidding for these projects will occur later in the summer
when the biddin~ climate is more favorable. The site masonry project is for the installation of
dumpster enclomu~, retaining walls to abate site erosion problems, and new housing for the main
gas meter located at the site. Equipment was purchased for the new playground to be located in
the large central green between 17th and 18th streets. Bids for the playground project were
previously requested in the late summer of 1995 but no area contractors submitted any of the bids.
The project was again rebid in the early winter of 1996 with only two bids received, both well
over budget. Repairs to the HVAC system for the Administration Building will be put out for bid
as soon as funding is made available under the CGP 705 budget, which will soon be sent to HUD.
2
The following is a breakdown of the completed, current, and proposed physical improvement
projects for the Hurt Park development. The current and proposed physical improvements are
projected to be completed before the end of the current fiscal year.
Completed Physical Improvements
1. Comprehensive Modernization
Contract Date:
Completion Date:
Contractor/Architect Fees:
Relocation Services:
Asbestos Abatement:
Repair & Alterations:
Total Modernization Cost:
$ 174,272.41
$ 53,300.00
$ 19,752.43
$2,319,574.64
$2,566,899.48
July 24, 1992
September, 1994
Covered all project foes, inclucimg site and
project management
Cost for moving and relocating Hurt Park
residents during modermzation.
Service fees for asbestos removal and
abatement
Large-scale modernization of all 105 units
in Hurt Park that included, but was not
limited to: boiler repair and replacement,
asbestos abatement; plumbing & heating
repair or replacement; replaoement of
doors, screens, and windows; replacement
of light fixtures; replaoement and repair of
exm~or downspouts & boots; sidewalk and
curb repair & cuts; tree and slu'ub planting;
repair to drainag~ areas; wall
waterproofing; repair of termite damage;
masonry repair; and conversion of six (6)
units to allow for handicap accessibility.
Handicap_ Acces.nibiliw lm?rov~ment~,
Contra~t Date:
March 30, 1994
Completion Date:
September, 1995
Total A~ssibility Cost: $
97,976.40
Exterior alterations to the site included
handicap parking spac~ and signage, curb
cuts and ramps, repairs to sidewalks and
building entries. Int~ior modifications were
made to the administration and daycare
No residential umts were covered under this
contract.
Subtotal of Work Completed Since 1992: $2,664,875.88
Bo
Work Currently Under Contract
1. Roof R~lacement
Contract Date:
Projected Completion Date:
Total Roof Replacement Cost:
$ 317,340.00
Sewage Lateral Rep_ lacerflent
Contract Date:
Anticipated Start Date: .........
Anticipated Completion Date:
Total Replacement Cost:
$ 235,186.20
Subtotal of Work Currently Under Contract:
May 13, 1996
November, 1996
Cost covers all labor, materials, site
management of the replacement of entire
roofing system down to the truss members
on all Hurt Park residence buildings.
June 10, 1996
August 9, 1996
November, 1996
Sc, ope of work includes the replacement of
thc sewage laterals throughout the Hurt
Park Development.
S 552,526.20
Proposed Work for Hurt Park Development
Anticipated Start Date:
Anticipated Completion Date:.
Estimated Cost: $ 75,000
Anticipated Start Date:
Anticipated Completion Date:
Estimated Cost:
$ 200,000
4
October, 1996
D~mmlim-,1996
Consmgtion of one (1) bi-level storage
sh~cl for ~ by maintenance to be used for
workspace, invento~ storage, and parking
maintenance equipment and vehicles.
October, 1996
February, 1997
Work includes repair of existing masonry
structures including drying area walls,
retaining walls, gas meter housing and
other structures.
HVAC Renovations to Administration Building,
Anticipated Start Date:
Anticipated Completion Date:
Estimated Cost: $ 75,000
Installation of Pla_v~ound Equipment
Anticipated Start Date:
Anticipated Completion Date:
Estimated Cost:
$ 80,000
Subtotal of Proposed Work:
November, 1996
February, 1997
Installation of new equipment and
renovation of existing duct rtms and air
distribution.
October, 1996
December, 1996
Cost includes upgrading of existing
playgrounds and the creation of new ones.
Included are site improvements, installation
of playground equipment, fencing, lighting,
garbage pads, and benches.
$ 430,000
Total of Hurt Park Physical Improvements: $3.647.402.08
Summary
Over the last few years, the Authority has expended approximately $2.6 million for the
repair, replacement and rehabilitation of the Hurt Park Development. By the end of the current
fiscal year, more than $3.6 million will have been spent in total improvements within Hurt Park
since 1992. As part of the Authority's mission to provide housing for Roanoke's low- and
moderate-income per~or~, the purpose of these Hurt Park improvements has been to upgrade,
repair, and modernize the residential units and bring the development into compliance with current
regulations.
Residents of Hurt Park are encouraged to attend Comprehensive Grant Resident Meetings
to discuss approval of improvement projects within their community. These open meetings
provide a forum in which reskients are able to voice their concerns and opinions about upcoming
projects and provide resident views of priorities. Physical improvement projects will continue to
be the responsibility of the RRHA aa well aa a process involving the input of Hurt Park residents.
Part H: Hurt Park Community Service Programs
Community Service Programs are an integral part of the Authority's mission to take a
leadership role in providing its residents the programs and resources that promote and encourage self-
sufficiency, serf-esteem, and self-determination. This role is performed by the Authority's Resident
Development Department which directs major youth and adult programs and activities as well as
facilitates resident council actions within the individual Authority developments.
Project HOPE is unique to the Hurt Park Development and provides a comprehensive
program that is community-based and wide in scope. Additionally, local agencies, civic groups,
churches, city government offices, and local volunteers are involved in Project HOPE's activities
within Hurt Park. Although numerous activities and programs are coordinated under Project HOPE,
its major programs are the Junior League of the Roanoke Valleys Day Care Program, Planned
Parenthood's "Sex or Not" Youth Decision Making Program, the Girl Scout's SELF Program, the
Teen Health Center, and the COPE Team.
The following paragraphs present additional information and descriptions of Project HOPE
and its major programs that serve the residents of Hurt Park. The purpose of this presentation is to
convey the extent of Project HOPE's and the Authority's commitment to addressing and providing
solutions to issues and concerns that are impacting Hurt Park's residents and families.
Project HOPE (Hurt Park Organization for Prevention and Education), coordinated by the
Authority, is a prevention and education program modeled after Dr. Michael Carrera's successful
Teen Pregnancy Prevention Program in Harlem, New York. While the goal of Carrera's program is
prevention of teen pregnancy by dealing with underlying causes such as lack of education,
employment, health care and recreation, the model also addresses other issues such as drug use,
domestic violence, and crime.
Project HOPE began in 1991 when the Authority, the Better Beginnings Coalition of the
Roanoke Valley, the Roanoke City Office on Youth, and Roanoke City Schools paid for Carrera to
visit Roanoke and discuss his program. The program developed from this meeting involved input and
participation from numerous local agencies, civic groups, churches, city government offices, and
private citizens (see Appendix A: List of Project HOPE Sponsors and Participants). Since its
founding, the Project HOPE committee meets in the Hurt Park Community Center every other month
to discuss progress toward the program's goals.
The continuing endeavor of this project will be to involve entire families and the community
of Hurt Park in family life, sex education, health care, substance abuse prevention, self-esteem
enhancement, recreation, education, and job training/employment. This effort is accomplished
through programs that are scheduled throughout the year for Hurt Park's residents and families (see
Appendix B: Project HOPE Summary of Program Activities for 1996).
6
Junior League Day Care Program
This day care program is part of Project HOPE's community-wide efforts to involve various
civic organizations in their activities. For three years, the Junior League of Roanoke Valley, Va., Inc.
(ILRV) conducted an after-school activity club for the children of Hurt Park Housing Development
in the Hurt Park Community Center once a week. Then in the fall of 1995, the J'LRV expanded the
program to a fully licensed, free after-school day care program to be held every day at the Hurt Park
Elementary School. Funds fi'om the City's Community Development Block Grant Fund in the amount
of $20,000 provided the money for the program's expansion.
The ILRV hosts the program in partnership with not only Project HOPE but also with the
YMCA which provides two licensed caregivers and ensures that the program meets licensing
standards. The JLRV provides approximately 1,800 volunteer hours through its membership, as well
as funding for the program. The J'LRV volunteers serve as advocates for the program within the
community, oversee the financial aspects of the program, help children with homework, play games,
introduce art projects, host holiday parties, plan special programs, take field trips and, most
importantly, build relationships. In addition, the JLRV conducts several "Done-In-A-Day" projects
throughout the year for the benefit of Hurt Park's families.
Planned Parenthood's "Sex or Not" Youth Decision-Making Program
Another of Project HOPE's activities is Planned Parenthood's "Sex or Not" Youth Decision-
Making Program. This particular program is fimded in part through the Authority's Drug Elimination
grant. Additional voltmteer support is provided by the members of the Junior League of the Roanoke
Valley who help to conduct the program for Hurt Park's teens. Separate classes are held for adults
and teens in which participants discuss issues such as the human body, reproduction, AIDS, and
contraception. The workshops and materials emphasize roles, responsibilities, and values in
relationships.
The Girl Scout's SELF Program
The Girl Scout's SELF (Scouting Early Leads to the Future) program began in Hurt Park in
December of 1991. The program continue~ to have strong interest Plans are being made to expand
services to two other Authority developments. The SELF Center is based in Hurt Park and serves
over I00 girls in Public Housing. The C-id Scouts organize sports, day camps, and field trips for
troop members, providing them with recreational and educational experiences and activities (see
Appendix C: Community News Letter Excerpt).
The Hurt Park Teen Health Center
The Hurt Park Teen Health Center is another component of Project HOPE. The Center is
a school-linked facility in a city pubic housing community, providing free medical services to city
teenagers. Hurt Park is one of the few public housing communities in the state of Virginia to dedicate
a health clinic specifically to the needs of adolescents. The Center is part of a pilot project of the
Roanoke Adolescent Health Partnership HP), a cooperative effort of the Authority, Carillon
Health System, Roanoke Public Schools, and the Roanoke Health Department.
7
The Teen Health Center provides comprehensive health care to all of Roanoke's youth 10
through 19 years of age. The Center is open to all of Roanoke's middle and high school students and
offers all services free of charge. Basic services include physical exams, health screenings, treatment
of acute conditions, immunizations, and nutrition counseling. Other services include pregnancy
testing, family planning counseling, STD treatment and counseling, birth control prescriptions and
dispensing, limited laboratory testing, help in managing chronic illnesses, and mental health and
substance abuse counseling. Additionally, RAHP staff provides health education, case management,
and outreach activities into the community (see Appendix D: Roanoke Adolescent Health Partnership
Brochure).
Since its founding in 1992, the Teen Health Center has experienced successful achievement
of several of the program's objectives. Among the program's successes are reduced rates of teen
pregnancy and school absenteeism, improved access for teens to healthcare services, reduced rates
of Emergency Room visits by teens, and a high rate of user satisfaction. The RAHP's health centers
continue to be well-positioned to comprehensively address the health needs of teenagers whose needs
extend beyond basic medi. c. al care to include education about nutrition, exercise, substance abuse,
smoking, family planning, and general health counseling.
Roanoke City_ Police Department - COPE Team
In 1991, COPE (Community Oriented Policing Effort) began its program in the Hurt Park
Development. The objective of the programs foot and bicycle patrols was to present a show of force
and build better rapport with the residents of the development who had been greatly impacted by
crime in their neighborhood. Since its beginning, the COPE team has doubled its members to 16
officers throughout the public housing neighborhoods and has been effective in bringing down the
crime rate for those areas. Working with the Authority, COPE suggested and assisted in the removal
of the square, bricked-in drying yards that COPE identified as popular locations for gambling and
drug use. Also among COPE's successes was the discovery of a basketball court located on an
overgrown lot in Hunt Manor. COPE had recommended that the lot be cleared because of its use as
a gathering and hiding place for drug dealers. The basketball court was found as the lot was cleared
and with the help of the City has now been refurbished.
Crime associated with drag activity and domestic and other violence still make up the majority
of arrests made within the neighborhoods patrolled by the COPE team. But the high number of
manhours in which tim COPE team is in contact with the residents has brought greater visibility of
law enforcement to tbe areas in which they work, helping to put the policemen back in touch with the
people. Many residents have commended the officers for the message their efforts have brought to
the pubic housing neighborhoods. Increased activism on the pan of residents and the efforts of the
COPE team will continue to be instrumental to reaching the goal of reduced crime in Hurt Park and
other public housing neighborhoods.
Part IH: Resident Responsibility
The provision of affordable housing for Roanoke's low- and moderate-income persons as well
as providing programs that promote self-sufficiency, self-esteem, and self-determination are main
components of the Authority's mission. Central to the success of this mission is the concept of
resident self-responsibility. Therefore, the Authority upholds the expectation that residents of its
developments assume self-responsibility as tenants of the Authority's housing. This expectation is
evident in the Authority's policy of requiring residents to perform certain responsibilities for the care
of the dwellings and yards in which they live.
When a prospective resident applies for a unit with the Authority, the responsibilities that they
are expected to perform are explained in the Resident Handbook that they are given (see Appendix
E: Resident Handbook). Essentially, these responsibilities are the same as responsibilities expected
of tenants who reside in many privately owned homes or apartments. The Authority expects four
primary responsibilities of their tenants. They are:
1. Responsibility for financial obiigations;
Responsibility for the upkeep of the tenant's home and yard (yard upkeep requires
keeping their unit's lawn mowed and flee of clutter, trash, and debris);
3. Responsibility for keeping theft home safe; and
4. Responsibility for being a good neighbor.
When residents fulfill these responsibilities of their own initiative, they become active
participants in the creation and maintenance of theft community's quality and character. This type of
community participation is strongly encouraged by the Authority because serf-responsibility enables
residents to develop theft own sense of sufficiency, determination, and pride in their neighborhood.
9
NLak¥ 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) 981-2541
Fax: (540) 224-3145
Deputy City Clerk
August 9, 1996
File #15-110-304
Ms. Katdna Martin
1609 Persinger Road, S. W.
Roanoke, Virginia 24015
Dear Ms. Martin:
Your communication tendering your resignation as a member of the Youth Services Citizen Board,
was before the Council of the City of Roanoke at a regular meeting held on Monday, August 5, 1996.
On motion, duly seconded and adopted, the resignation was accepted and your 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 Youth Services Citizen Board. 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. I~'arker, CMCIAAE
City Clerk
MFP:sm
Enc.
pc:
Thomas H. Millet, Chairperson, Youth Services Citizen Board, 3429 Windsor Road,
S. W., Roanoke, Virginia 24018
Madon Vaughn-Howard, Youth Coordinator
Margaret T. Munton, Secretary, Youth Services Citizen Board
Sandra H. Eakin, Deputy City Clerk
H:~AGENDA~AUGU81'.5
~' ~'"' OF ,APPRECIATION
CERTiFICA~~ ,.,,.
PRESENTED TO
KATRINA MARTIN
',~ ~.AS A MEMBER OF THE
'" ~- ydUTI-t SEi~VICF_~ CITIZEN BOARD
IN RECOGN~N:~ OUTSTANDING.PUBLIC. SERVIC
RBN~n,,~:~~ c~~ C~ OF ROANOKE.
FAI~LLY
ATTEST:
CITY CLERK
MAYOR
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
Deputy City Clerk
August 9, 1996
File #15-110-488
Mr. William G. Nork, III
2502 Labumum Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Nork:
Your communication tendering your resignation as a member of the Roanoke Neighborhood
Partnership Steedng Committee, was before the Council of the City of Roanoke at a regular meeting
held on Monday, August 5, 1996.
On motion, duly seconded and adopted, the resignation was accepted and your 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 Neighborhood Partnership Steedng
Committee. 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:sm
pc:
Richard S. Winstead, Chairperson, Roanoke Neighborhood Partnership Steedng
Committee, 1322 Watauga Street, S. W., Roanoke, Virginia 24015
Madam K. Alam, Neighborhood Partnership Coordinator
Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steedng
Committee
Sandra H. Eakin, Deputy City Clerk
H:~,GENDA~AUGUST. 5
July 22, 1996
Roanoke Neighborhood Partnership
Room 162, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mariam:
This note is to let you know I am moving to Charlotte, N.C. and no
longer will be able to attend the Steering Committee meetings. I
believe the organization is doing many wonderful things and !
regret that ! will not have the opportunity to continue the
efforts.
Again thanks for including me in this tremendous organization.
Sincerely,/
William G. Nork, III
~GN/sn
Mary F. Parker, CMCIAAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
· indm H. Eakin
Deputy City Clerk
August 12, 1996
File #15-70-110
Stephanie M. Moon, Secretary
Board of Fire Appeals
Roanoke, Virginia
Dear Ms. Moon:
This is to advise you that on July 22, 1996, Michael I~ Quinn qualified as a member of the
Board of Fire Appeals for a term ending June 30, 2000.
Sincerely,
City Clerk
MFP:sm
pc:
Sandra H. Eakin, Deputy City Clerk
H:~AGENOA~,UGUST. 5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Michael K. Quinn, do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Board of Fire Appeals for a term ending June 30, 2000,
according to the best of my ability. So help me God.
Subscribed and sworn to before me this~"---~day of ~-)-~/,~ 1996.
ARTHUR B. H, III, CLERK
, DEPUTY CLERK
H:~AGENDAtOATHS.WPD
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMCIAAE
c~y Ck~rk
Sandra H. Eakin
Deputy c~y c~
August 12, 1996
File #15-110-230
Stephanie M. Moon, Secretary
Roanoke Arts Commission
Roanoke, Virginia
Dear Ms. Moon:
This is to advise you that on July 19, 1996, Brook E. Dickson and Janie P. Wheeler
qualified as members of the Roanoke Arts Commission for terms ending June 30, 1999.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
pc:
Sandra H. Eakin, Deputy City Clerk
H:~AGENDA~,UGUS'r.5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Brooke Dickson, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Roanoke Arts Commission for a term ending June 30, 1999, according
to the best of my ability. So help me God.
Subscribed and sworn to before me this / ~/ day of %
1
996.
ARTHUR B. CRUSH, III, CLERK
H:~AGENDAtOATHS.WF~
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Janie P. Wheeler, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Roanoke Arts Commission for a term ending June 30, 1999, according
to the best of my ability. So help me God.
Subscribed and sworn to before me this ,/~'/'~4 day of~..~/~ 1996.
[
H:~AOENDA~OATHS.~
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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 7, 1996
File #15-110-488
Richard S. Winstead, Chairperson
Roanoke Neighborhood Partnership
Steering Committee
1322 Watauga Street, S. W.
Roanoke, Virginia 24015
Dear Mr. Winstead:
This is to advise you that on July 15, 1996, Joseph F. Nash, Jr., qualified as a member of
the Roanoke Neighborhood Partnership Steering Committee for a term ending
November 30, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc;
Madam K. Alam, Neighborhood Partnership Coordinator
Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steering
Committee
Sandra H. Eakin, Deputy City Clerk
H:~GENDA~AUGUST. 5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Joseph F. Nash, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the Commonwealth of Virginia,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Neighborhood Partnership Steeling Committee, to
fill the unexpired term of Lawrence M. Taylor, ending November 30, 1997, according
to the best of my ability. So help me God.
ARTHUR B. CRUSH, III, CLERK
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (:540) 224-314:5
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File #15-110-323
Dr. Frank J. Eastburn, Chairperson
Roanoke Public Library Board
1810 Denniston Avenue, S. W.
Roanoke, Virginia 24015
Dear Dr. Eastburn:
This is to advise you that on July 29, 1996, Marc J. Small qualified as a member of the
Roanoke Public Library Board for a term ending June 30, 1999.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
pc:
Beverly James, Secretary, Roanoke Public Library Board
Sandra H. Eakin, Deputy City Clerk
H:~AGENOA~IAUGUST.5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Marc J. Small, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Roanoke Public Library Board for a term ending June 30, 1999,
according to the best of my ability. So hel e God.
Subscribed
and~
sworn o m ~,-'7,, I Y ~
1996.
' .... 0" /"
H:~AGENDAtOATHS.WPD
Mary F. Parker, CMC/AAE
c~y c~
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
August 12, 1996
File #15-110-247
Donna H. Hurd, Secretary
The Hotel Roanoke Conference
Center Commission
Roanoke, Virginia
Dear Ms. Hurd:
This is to advise you that on July 15, 1996, John H. Parrott qualified as a Commissioner
of the Hotel Roanoke Conference Center Commission to fill the unexpired term of William
White, Sr., resigned, ending April 12, 1998.
Sincerely,
Mary F. Parker, CMC/AAE~
City Clerk
MFP:sm
pc:
Sandra H. Eakin, Deputy City Clerk
H:~AGENDA~AUGU~T.$
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, John H. Parrott do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
Commissioner of the Hotel Roanoke Conference Center Commission to fill the
unexpired term of William White, Sr., ending April 12, 1998, according to the best of
my ability.
So help me God.//.)
(/
Subscribed and sworn to before me this./..¢~ day of
996.
ART~CLERK
, DEPUTY CLERK
H:~AGENDA~OATI-I~.WPD
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21:5 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (:540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File #15-110-200-236
J. Lee E. Osborne, Chairperson
Fifth Planning District Commission
5152 Falcon Ridge Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Osborne:
This is to advise you that on July 16, 1996, Carroll E. Swain qualified as a member of the
Fifth Planning District Commission for a term ending June 30, 1999.
Sincerely,
Mary F. Parker, CM
City Clerk
MFP:sm
pc:
Wayne G. Strickland, Secretary, Fifth Planning District Commission, P. O. Box
2569, Roanoke, Virginia 24010
Sandra H. Eakin, Deputy City Clerk
H:~AGENDA~.UGUSI'.5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carroll E. Swain, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the Fifth Planning District Commission for a term ending June 30, 1999,
according to the best of my ability. So help me God.
Subscribed and sworn to before me this ~ day o~ 1996.
ARTHUR B. CRUSH, III, CLERK
BY
, DEPUTY CLERK
H:~AGENDA~OAI'H~.WPO
Mary F. Parker, CMCIAAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Cler~
August 12, 1996
File #15-20-110
Robert K. Bengtson, Chairperson
City of Roanoke Transportation
Safety Commission
Roanoke, Virginia
Dear Mr. Bengtson:
This is to 'advise you that on July 16, 1996, Carroll E. Swain qualified as a member of the
City of Roanoke Transportation Safety Commission to fill the unexpired term of Delvis O.
McCadden ending October 31, 1998.
Sincerely,
Mary F. Parker, CMCIAAE''/
City Clerk
MFP:sm
pc: Sandra H. Eakin, Deputy City Clerk
H:~,~GENDA~AUGUST.5
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Carroll E. Swain, do solemnly swear (or affirm) that I will support the Constitution
of the United States and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a
member of the City of Roanoke Transportation Safety Commission to fill the
unexpired term of Delvis O. McCadden ending October 31, 1998, according to the best
of my ability. So help me God.
Subscribed and sworn to before me this /~ day of~__. 1996.
ARTHUR B. CRUSH, III, CLERK
BY
, DEPUTY CLERK
H:~AGENDA~)ATHS.WPD
Mary F. Parker, CMCIAAE
c~y Cb*rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy city Cb, d(
August 12, 1996
File #34-108-184
The Honorable David C. Anderson
City Treasurer
Roanoke, Virginia
Dear Mr. Anderson:
Your communication requesting Council's concurrence in the State Compensation Board's
approval for personnel reclassifications and salary adjustments in the City Treasurer's
Office, was before the Council of the City of Roanoke at a regular meeting held on
Monday, August 5, 1996.
On motion, duly seconded and adopted, action on the request was deferred until the
regular meeting of Council on Monday, August 19, 1996, at 2:00 p.m.
MFP:sm
pc:
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
W. Robert Herbert, City Manager
Barry L. Key, Manager, Office of Management and Budget
H:~AGENDA~AUGUST.$
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION concurring in reclassification by the State
Compensation Board of eight (8) positions in the Office of City
Treasurer.
WHEREAS, the State Compensation Board reimburses the City of
Roanoke for one-half of all State approved salaries in the Office
of City Treasurer; and
WHEREAS, the Board has recently approved, subject to
concurrence of City Council, reclassification of eight (8)
positions in the Treasurer's Office;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. City'Council concurs in the reclassification of eight (8)
positions in the Office of City Treasurer as approved by the State
Compensation Board and described in more detail in a letter from
Bruce W. Haynes, Executive Secretary, State Compensation Board, to
The Honorable David C. Anderson, City Treasurer, dated June 28,
1996.
2. The Clerk is directed to forward an attested copy of this
resolution to Mr. Haynes.
ATTEST:
City Clerk.
H: ~S\R-CC~O. 2
CITY OF ROANOKE
TREASURER'S OFFICE
P.O. BOx 1451
Roanoke, Virginia 24007-1451
Telephone: (540) 981-2561
FAX: (540) 224-3019
DAVID C. ANDERSON
Treasurer
July 30, 1996
Honorable Mayor Bowers and
Members of Roanoke City Council
Roanoke, Virginia
RE:
State Compensation Board Salaries as of July 1, 1996
City of Roanoke - Treasurer's Office
Dear Hon. Mayor and Members of Council:
Due to the retirement of Gordon E. Peters and my appointment
as City Treasurer, on June 17, 1996, I requested the State _
Compensation Board's approval for personnel reclassifications and
salary adjustments.
My actions resulted because the salary compensation for the
Treasurer was reduced upon Mr. Peters retirement due to the lower
population at the last census. My efforts have reduced the
amount of supplement being paid by the City of Roanoke.
On June 27, 1996, the State Compensation Board approved my
request, effective July 1, 1996, and I am requesting your
concurrence. Attached is a copy of the letter from the
Compensation Board for your reference.
Sincerely ~ours,
David C. Anderson
City Treasurer
DCA/agv
Attachments
JUNE R. FUNKHOUSER
DANNY M. PAYNE
W. J. KUCHARSKI
COMMONWEALTH of VIRGINIA
COMPENSATION BOARD
P. O. BOX 710
RICHMOND, VIRGINIA 23218-0710
June 28, 1996
BRUCE W. HAYNES
EXECUTIVE SECClETARY
JAMES W MATTHEWS
ASSISTANT EXECUTIVE qEC!qF TAlly
The Honorable David C. Anderson
Treasurer
City of Roanoke
P. O. Box 1451
Roanoke, VA 24007-1451
Dear Mr. Anderson:
This is in response to your request dated June 17, 1996, and to inform you of Compensation
Board action taken on June 27, 1996.
The Board reviewed your request for reorganization with personnel reclassifications and salary
changes, brought about due to your recent appointment as Treasurer, and the resulting turnover
created due to a drop in population. Action was taken, subject to concurrence of Roanoke City
Council, as follows effective July 1, 1996:
Reclass Position #2 from AA ~ $20,925 to DtV ~ $22,873,
Reclass Position #15 from DI ~ $15,669 to DII_~ $17,127,
Reclass Position #7 from DII ~ $25,002 to DIII ~ $26,139,
Reclass Position #12 from DII ~ $25,002 to DIII ~ $26,139,
Reclass Position//16 from DII ~ $18,310 to DIII ~ $20,464,
Reclass Position #I0 from DII ~ $18,722 to DIII ~20,464,
Reelass Position #3 from DIII ~$29,873 to DIV ~$31,935 and
Reclass Position #5 from DIII ~ $29,215 to DIV ~ $30,545
FAX (804) 371-0235
ADMINISTRATION (804) 786-0786
(V/TDD) (804) 786-0786
BWH/kml
Copy to:
h:\wndocs\tractn.696
kml-6/28/96
Sincerely,
June R. Funkhouser, Chairman
Executive Secretary
Governing Body
Charlotte Luck, Senior Fiscal Technician, Treasurers'/Commissioners' of The
Revenue Programs
James W. Matthews, Assistant Executive Secretary
MaW F. Parker, CMCIAAE
c~y Ck~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
~puty city Ck, rk
August 9, 1996
File #51
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A communication from Edward A. Natt, Attorney, representing the Roanoke Valley Society
for the Prevention of Cruelty to Animals requesting that a petition to rezone approximately
four acres of land located off of Lynn Brae Drive and Route 460, for the purpose of
constructing a new animal shelter, be referred back to the City Planning Commission for
further consideration, was before the Council of the City of Roanoke at a regular meeting
held on Monday, August 5, 1996.
On motion, duly seconded and adopted, the request of Mr. Naif was received and filed.
You were authorized to instruct City Planning staff to contact adjoining property owners
and other interested parties to advise that a public hearing will be held on Monday,
August 19 at 7:00 p.m.; that citizens will be given the opportunity to be heard at the public
hearing; and that citizens be apprised of the following actions which could be taken by
Council on August 19:
(1)
Council could refer the matter back to the City
Planning Commission,
(2)
Council could defer action on the request until a
later date, or
H:~AGENDA~AUGUST.5
W. Robert Herbert
City Manager
August 9, 1996
Page 2
MFP:sm
pc;
(3)
Council could grant or deny the request for
rezoning.
Sincerely,
Mary F. Parker, CMC/A~E
City Clerk
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919
Electric Road, S. W., Suite One, Roanoke, Virginia 24018-0007
Carolyn H. Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W.,
Roanoke, Virginia 24017
Willard N. Claytor, Director of Real Estate Valuation
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Steven J. Talevi, Assistant City Attorney
Rose M. Woodford, Executive Secretary, City Manager's Office
H:~AGENDA~AUGUST. 5
L ^'g~/ OFFICES
OSTER. HOUDT. FER. GLISON. NATT. AHERON g AGEE
^ PR. OFESSION^L CORPOP..^TION
CHARLES H. OSTERHOUOT ICJIg ELECTR. IC R. OAD. SUITE I
MICHAEL S. FERGUSON
EDWARD A. NATT P.O. BOX 20068
MICHAEL ,J. AHERON I~OANOKE. VI ~GINIA
G. STEVEN AGEE
MARK D. K~DD 2J0 I 8-0007
July 26, 1996
The Honorable Mayor and Members of the City
Council of the City of Roanoke
c/o City Clerk
4th Floor
Municipal Building
Roanoke, Virginia 24011
Re: Rezoning request of SPCA
Dear Mayor and Members of the City Council:
Our firm has been retained to represent the SPCA in its
rezoning request. The Planning Commission at its meeting held-on
July 3, 1996 heard the rezoning request and made a recommendation
to deny the same.
Since our firm has recently been retained, and since we have
additional information which we would like to present in regard to
this rezoning request, I would respectfully request that the matter
would once again be referred to the Planning Commission for its
consideration. I would also like to request that the matter be set
for the Planning Commission meeting to be held in October. This
delay is necessary because of additional information which we are
in the process of gathering. Because of vacations and other
scheduling problems, we will likely not have all our information
ready until mid September.
Should you have any questions or need further additional
information, please feel free to contact me.
Very truly yours,
Edward A. Natt
EAN/laf
cc: Mr. Frank Van Balen
Mr. John Marlles
MARY F. PARK.ER, 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) 981-2541
Fax: (540) 224-3145
August 1, 1996
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
You have before you a communication from Edward A. Naif, Attomey, representing the Roanoke
Valley Society for the Prevention of Cruelty to Animals, in connection with a request that property
located off of Lynn Brae Ddve and Route 460 be rezoned from C-2, General Commercial District, and
LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions
proffered by the petitioner;, and that existing proffered conditions applicable to Official Tax No.
7150111 be repealed. Mr. Naif is requesting that the matter be referred back to the City Planning
commission for the puq~ose of presenting additional information since he has recently been retained
as legal counsel for the SPCA.
Inasmuch as the request for rezoning was heard by the City Planning commission on Wednesday,
July 3, 1996, and recommended for denial, pursuant to advice of legal counsel, I have advertised
the matter for public heedng before the council on Monday, August 19 at 7:00 p.m.
If it is Council's desire to refer the matter back to the City Planning Commission as requested by Mr.
Naif, I will be pleased to notify affected property owners that at the public headng on Monday,
August 19, Council will formally refer the request back to the City Planning commission for further
study and report at a later date. This will eliminate the need for citizens to attend the August 19
public hetadng.
With kindest personal regards, I am
Sincerely,
Mary . CMC/AAE
City Clerk
MFP:sm
The Honorable Mayor and Members
of the Roanoke City Council
August 1, 1996
Page 2
pc:
Edward A. Natt, Attorney, 1919 Electdc Road, S. W., Roanoke, Virginia 24018
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attomey
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Chades M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner
Carolyn H. Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W.,
Roanoke, Virginia 24017
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Rose M. Woodford, Secretary to the Assistant City Manager
H:~AGENDA~=~.,A.W~O
4ob.
August 1, 1996
3516 Willowrun Drive N.E.
Roanoke Virginia 24012
City of Roanoke
City Council
215 Church Avenue SW
Roanoke VA 24011
Ladies and Gentlemen:
It is my understanding one of the agenda items for the Aug. 5th
Council meeting will be the rezoning of property owned by the
Roanoke Valley S.P.C.A. located next to the Market Square Shopping
Center on Rt. 460 East in Northeast Roanoke. I recently attended
the City Planning Commission meeting in which the Commission voted
to recommend not to rezone this property. My experiences in the
last year with the Planning Commission and City Council have shown
me there is little interest in the input of the average citizen and
that the Staff serving the Planning Commission and the City
Attorney generally advocate the petitioner regardless of citizen
objections. In this case, I ask you to follow the recommendation
of the Planning Commission as you usually do.
This location of the tax exempt S.P.C.A. is bound to have a
negative affect on the taxpaying businesses already located
adjacent to this property because of the stigma caused by the
thought of the smell of animal wastes and euthanized carcasses
associated with an operation like this. There are restaurants, a
grocery store, and a day care center located adjacent to this
property as I'm sure you are aware by now. Last year, Council
approved rezoning of other property in that area partially because
of the location being an Enterprize Zone. Eventually, taxes will
be paid on that property, but the S.P.C.A. is tax exempt. Rezoning
to Heavy Industry will contribute to the domino effect, already
started by last year's rezoning, against the commercial zoning
already in place. Even though the S.P.C.A. operation is not
actually considered a heavy industry, the rezoning would only
serve to open the door to more of what owners of residences and
businesses in the area have already objected.
Page 2.
During the Planning Commission meeting, I suggested the procurement
or donation of property next to the Trash Depot and the Commission
indicated this was not feasible because the Depot was a regional
effort. So, is not the S.P.C.A. and the Dog Pound, which is used
by, I believe, five localities, a regional effort also. The
S.P.C.A. claims the Dog Pound will not be located at former Wells
Furniture location but did not deny the Pound could be moved there
in the future. Surely the City will be happy to consider moving
the Pound to the S.P.C.A. the next time Tinker Creek floods it.
Locating next to or on the Trash Depot property would eliminate the
biological hazards of transporting daily animal wastes and
euthanized carcasses and would still provide a central and visible
location desired as indicated by the S.P.C.A..
Please consider these things when you make your decision on this
matter.
Paul R. Smith
Taxpayer and Resident of
Springtree Subdivision
August5,1996
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Please reserve space on the agenda for a briefing on the City of Roanoke Home
Page on the Internet.
WRH:w
cc: City Attorney
Director of Finance
City Clerk
Respectfully submitted,
W. Robert Herbert
City Manager
Mary F. Parker, CMC/AAE
c~ C~erk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy Cay Cklrk
August 9, 1996
File #24-104-236
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 33059-080596 amending and reordaining §2-124,
AD.r)lication for grants bv city manager, of Article V, .~, of Chapter 2,
~, of the Code of the City of Roanoke (1979), as amended, to authorize the
City Manager to file applications for certain funds, and to execute certain documents and
amendments to such documents. Ordinance No. 33059-080596 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, August 5, 1996.
Sincerely,
City Clerk
MFP:sm
Enc.
H:~AGENDA~AU~US'T.$
W. Robert Herbert
City Manager
August 9, 1996
Page 2
pc:
The Honorable
Virginia
The Honorable
Virginia
The
The
The
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
District Court
The Honorable
District Court
The Honorable
District Court
The Honorable
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 Roy B. Willett, Chief Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable G. O. Clemens, Judge, Twenty-Third Judicial Circuit of Virginia
Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of
Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of
Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia
Honorable Julian H. Raney, Jr., Chief Judge, General District Court
George W. Harris, Jr., Judge, General District Court
Vincent A. Lilley, Judge, General District Court
William D. Broadhurst, Judge, General District Court
Jacqueline F. Ward Talevi, Judge, General District Court
John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
Philip Trompeter, Judge, Juvenile and Domestic Relations
Joseph P. Bounds, Judge, Juvenile and Domestic Relations
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
.Ronald S. Albright, Clerk, General District Court
Bobby D. Casey, Office of the Magistrate
Michael Meise, Acting Law Librarian
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Resources
George C. Snead, Jr., Director, Public Safety
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA~AUG~.5
W. Robert Herbert
City Manager
August 9, 1996
Page 3
pc: Phillip F. Sparks, Chief, Economic Development
Vickie S. Tregubov, Grants Compliance Monitor
John R. Marlles, Chief, Planning and Community Development
Donna S. Norvelle, Human Development Coordinator
Vickie L. Price, Administrator, Fifth District Employment and Training Consortium
H:~AGENDA~AUGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33059-080596.
AN ORDINANCE amending and reordaining S2-124, ApPlication for
Grants by city manaqer, of Article V, City Manager, of Chapter 2,
Administration, of the Code of the City of Roanoke (1979), as
amended, to provide for the authorization of the City Manager to
file applications for certain funds, and to execute certain
documents and amendments to such documents; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section S2-124, Application for grants by city manager,
of Article V, City Manager, of Chapter 2, Administration, of the
Code of the City of Roanoke (1979), as amended, is hereby amended
and reordained to read and provide as follows:
Sec. 2-124. Application for grants by city manager;
authority of city manager to execute
documents.
(a) The city manager, for and on behalf of the city, is
hereby authorized, subject to the. conditions hereinafter
established, to make application to the federal
government, or any agency of the federal government, or
to the state government, or any agency of the state
government, for a grant of funds for any public purpose,
provided that the city manager shall not without approval
of the city council make any application for a grant
which would involve the obligation of city funds, and
that all grants to the city from the federal government,
or any agency of the federal government, or the state
government, or any agency of the state government, shall
be accepted by city council.
(b) The city manager, for and on behalf of the city, is
hereby authorized to execute any and all documents, and
amendments thereto, relating to any grant funds, or
subgrants of funds to subrecipients, which are the
subject of subsection (a) of this section, and the
conditions therein, up to twenty-five thousand dollars
($25,000.00). The city manager is also authorized to
execute an amendment to any grant or subgrant agreement
provided such amendment shall not change the net amount
of grant funds involved by more than twenty-five thousand
dollars ($25,000.00).
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:
City Clerk.
August 5, 1996
96-13
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject: Amendment of Section 2-124 of the City Code
Section 2-124 of the City Code authorizes the City Manao_er to make
application to the federal government for grants of funds for any public
purpose, provided that the City Manager does not, without City
Council approval, make any application for a grant which would
involve the obligation of city funds.
City Council a.oproves the submission of the Consolidated Plan and th~;
Annual Update to the Consolidated Plan ("Annual Update") to the U.S.
Department of Housing and Urban Development (HUD).
Co
The Consolidated Plan is submitted to HUD every five vear~, and
describes the City's general priorities and objectives for the covered
time period.
The Annual Update is submitted to HUD each year, and describes each
program to be implemented. When possible, the Annual Update
identifies each implementing agency ("subrecipient") to be used, and
sets forth the funding to be spent on each program.
II. Current Situation:
Ao
Each _orant of federal funds to a subre¢ipient is the subject of a written
agreement, approved as to form by the City Attorney, between the
City and the subrecipient.
Currently, City Council must authorize the City Mana_oer to execute
each agreement between the City and a subrecipient.
Occasionally..~ro_arams listed in the Annual Update do not yet haw~
subrecipients identified when Council approves the submission of the
Annual Update. In cases such as the Roanoke Neighborhood
Honorable Mayor and Members of City Council
August 5, 1996
Page 2
Partnership Mini-grants, the subrecipients are not identified until the
initiation of the program activity.
The City Manager is without authority to execute any agreement witl~
a subreci.Dient, regardless of the dollar amount, which has not been
already identified in the Annual Update.
Cit.v Council must authorize the acce.Dtanc~ of federal and state
grants.
City Council must authorize the a_D.Dropriation of any grant funds.
III. Issues:
B.
C.
D.
Administrative cost
Timing
Im.Dact on neighborhood revitalization
Compliance with a_Dplicable regulation,~
IV.
Amend Section 2-124 to authorize the Cit.v Manager to execute an.v
and all documents, and amendments thereto, relating to grants of
funds from the federal government, or any agency of the federal
government, or from the state, or any agency of the state government,
or subgrants of funds to subrecipients, for any public purpose up to
_~?,_LD_Q_Q, provided that the City Manager shall not, without approval
of City Council, make any application for a grant which would involve
the obligation of city funds and authorize the City Manager to execute
an amendment to any grant and subgrant agreement, provided such
amendment shall not change the net award of grant funds involved by
more than $25,000.
1. Administrative cost of agreements and/or amendments will be
Honorable Mayor and Members of City Council
August 5, 1996
Page 3
less because less staff time will be required to write, review and
present numerous Council Reports dealing with agreements and
amendments totaling less than ~.
Timing of agreement and amendment approval will be improved
because delays associated with most agreements and
amendments will be eliminated. City Council will still need to
authorize the acceptance of any federal and state grants, as
well as the appropriation of any grant funds.
Impact of neighborhood revitalization will be positive because
programs funded with Community Development Block Grant
(CDBG) funds, such as Neighborhood Development Grants and
Mini-grants, which help address the priorities and needs of the
City, will be able to proceed without any delays.
Compliance with applicable regulatior~s is assured through
contract and amendment review by the City Attorney's Office
and the Office of Grants Compliance.
Do not re0uest the Cit_v Code be amended to alter the limits for
agreements and amendments.
Administrative cost of agreements and amendments will remain
the same.
Timing of agreements and amendments will continue to delay
progress and performance.
Impact of neighborhood revitalization may be less positive in
that those projects which enhance the neighborhood and
community become delayed.
Compliance with applicable regulations would not be an issue.
Recommendatiorl;
A. Concur with Alternative A. amending Section 2-124 of the City Cod~;
Honorable Mayor and Members of City Council
August 5, 1996
Page 4
to authorize the City Manager to execute any and all document8 and
amendments thereto, relating to grants of funds from the federal
government, or any agency of the federal government, or from the
state, or any agency of the state government, for any public purpose
up to _~?._5_,~Q.Q, provided that the City Manager shall not, without
approval of City Council, make any application for a grant which would
involve the obligation of City funds and authorize the City Manager to
execute an amendment to any grant and subgrant agreement, provided
such amendment shall not change the net award of grant funds
involved by more than $25,000.
WRH/vst
Respectfully submitted,
bert Herbert
City Manager
CC:
Assistant City Manager
City Attorney
Director of Finance
Director of Human Development
Director of Public Works
Director of Public Safety
Director of Utilities and Operations
Budget Administrator
Chief of Economic Development
Chief of Planning and Community Development
Roanoke Neighborhood Partnership Coordinator
Housing Development Coordinator
Administrator FDETC
Office of the City Manager
August 5, 1996
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
This letter is with respect to the report regarding an amendment to Section
2-124 of the City Code.
Historically, City Council authorizes the City Manager to submit the five-year
Consolidated Plan and the Annual Update to the HUD Consolidated Plan to the U.S.
Department of Housing and Urban Development (HUD). The Consolidated Plan
reflects the general priorities and objectives of the City. In most cases, the Annual
Update identifies the projects, the Subrecipient responsible for implementing the
project, and funding to be spent on each project for the program year. The
implementation of any project requires an agreement between the City and the
Subre¢ipient, describing the Subrecipient's duties and the available funding.
Currently, City Council must authorize the City Manager to execute each
agreement between the City and a subrecipient. Occasionally, programs listed in
the Annual Update do not yet have subre¢ipients identified when Council approves
the submission of the Annual Update. In such instances, the City Manager is
without authority to execute agreements (and amendments) with some
subre¢ipients, regardless of the dollar amount. This has resulted, for example, in
Council becoming involved in an $80 amendment to a 81,500 CDBG-funded Mini-
Grant agreement or Neighborhood Development Grants, provided by the Roanoke
Neighborhood Partnership, which can range from 81,500 to 810,000.
The recommended amendment to Section 2-124 of the City Code would, if
approved, authorize the City Manager to execute any and all documents and
amendments, relating to any grant funds, or subgrants of funds to subrecipients, up
to a total annual amount of 825,000 per subre¢ipient and would authorize the City
Manager to execute an amendment to any grant and subgrant agreement, provided
such amendment shall not change the net award of grant funds involved by more
than 825,000. The recommended code amendment would assist the City Manager
in meeting the goals of City Council as approved in the Annual Update. It would
also assist the City in the implementation of all programs approved by City Council.
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 11540) 981-2333 FAX (540) 224-3138
Honorable Mayor and Members of Council
August 5, 1996
Page 2
Furthermore, it would reduce the burdens on City Council's time. City Council
would still authorize the financial appropriation of these grant funds and City
Council would still accept, on behalf of the City, all grants.
I trust that this letter will help summarize the issues contained in the report,
and thereby allow you to accept my recommendation.
Respectfully yours,
W. Robert Herbert
City Manager
WRH/VST
cc: Mary F. Parker, City Clerk
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
August 9, 1996
File #72-165-178-236-488
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33060-080596 authorizing you to execute a grant
agreement with the Northwest Neighborhood Environmental Organization, to provide
HOME funds in the amount of $100,000.00, for renovation and sale of two vacant houses
located at 803 Gilmer Avenue, N. W., and 809 Gilmer Avenue, N. W., upon certain terms
and conditions. Resolution No. 33060-080596 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 5, 1996.
MFP:sm
Enc.
Sincerely,
Mary F. Parker,
City Clerk
H:~AGENDA~AUGU~F.5
W. Robert Herbert
City Manager
August 9, 1996.
Page 2
pc;
Florine L. Thornhill, President, Northwest Neighborhood Environmental
Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Glenn D. Radcliffe, Director, Human Resources
William F. Clark, Director, Public Works
Ronald H. Miller, Building Commissioner
H. Daniel Pollock, Housing Development Coordinator
John R. Marlles, Chief, Planning and Community Development
Mariam K. Alam, Neighborhood Partnership Coordinator
Vickie S. Tregubov, Grants Compliance Monitor
H:~AGENDA~AUGUSI'.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33060-080596.
A RESOLUTION authorizing the City Manager to execute a grant
agreement with the Northwest Neighborhood Environmental
Organization (NNEO), to provide funding for the renovation and sale
of two vacant houses located at 803 Gilmer Avenue, N.W., and 809
Gllmer Avenue, N.W., upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That 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, a grant agreement with
Northwest Neighborhood Environmental Organization (NNEO), which
agreement shall provide for the use of HOME funds in the amount of
$100,000.00 to be used in the renovation and sale of two houses
located at 803 Gllmer Avenue, N.W., and 809 Gllmer Avenue, N.W.,
and amendments thereto, if necessary, within the limits of funds
and for the purposes set forth, in the City Manager's report to
this Council dated August 5, 1996.
2. The form of the grant agreement shall be approved by the
City Attorney.
ATTEST:
H:q~ES~.-NNEO. I
City Clerk.
Roanoke, Virginia
August 5, 1996
96-24
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
1996-97 HOME Investment Partnerships Program (HOME) Agreement
with the Northwest Neighborhood Environmental Organization, Inc.
(NNEO)
mo
Each year since 1992, the City of Roanoke has received a HOME entitlement grant
from the U.S. Department of Housing and Urban Development (HUD). HOME funds
are used to increase the amount of affordable housing available to low-income families.
Bo
Of each year's HOME grant, 15 % must be reserved for projects conducted by certified
Community Housing Development Organizations (CHDOs). An additional 5 % of each
year's grant may be provided to CHDOs for their general operating expenses.
Co
The City has certified NNEO to be a bona fide CHDO, as defined by HUD. NNEO
has been successfully conducting CHDO projects for three consecutive years.
II. Current Situation:
mo
$88,671 for CHDO projects and up to $32,550 for CHDO operating expenses remain
available from the 1995 HOME grant. Written authorization to expend these funds
was received from HUD on June 28, 1995.
Bo
For the 1996-97 period, NNEO proposed Phase II of a CHDO project to rehabilitate
and sell to eligible families the properties at 803 and 809 Gilmer Avenue, N.W.
NNEO's Phase II proposal requested $75,000 in project funds and $25,000 for
general operating expenses from the City's HOME grant. The project funds will
support the rehabilitation of the properties. Total Phase II pr~ect costs are
estimated to be $130,000, excluding the requested CHDO operating expenses.
Of the $55,000 not financed by HOME funds, $50,000 will be secured by NNEO
through private lending institutions and $5,000 will be provided from NNEO's
own resources.
In Phase I, NNEO expended $39,146 in HOME project funds to purchase the
properties. These funds are in addition to the Phase II request.
Members of Council
Page 2
Co
The total cost to purchase (Phase I) and rehabilitate (Phase II) the properties is
estimated to be $169,146, excluding the CHDO operating expenses.
City Council authorized NNEO's 1996-97 CHDO project and funding as part of the
Annual Update to the Consolidated Plan (Annual Update) approved for submission to
HUD on May 13, 1996, by Resolution No. 32939-051396. HUD's verbal approval
of the plan was received June 27, 1996; HUD's official letter of approval was received
July 15, 1996.
D. City Council must approve execution of an agreement with the NNt30 in order to
implement this HOME project and permit payment to the NNEO for costs incurred.
III. Issues:
HOME funds must be matched at a rate of 25 %, which does not apply to CHDO
operating expenses. The match requirement for Phase II of this NNEO project will be
$18,750. Match sources include cash as well as in-kind contributions from non-federal
sources. No outlays of City funds will be needed to meet the match requirement. The
availability, of matching funds will be verified and documented by the Office of Grants
Compliance prior to the release of funds.
A. Cost to the City.
B. Progress in committing CHDO funds.
C. Impact on neighborhood revitalization.
D. Consistency with the Annual Update.
IV. Alternatives:
Authorize the City Manager or the Assistant City Manager to execute, and the City
Clerk to attest, a 1996-97 HOME Agreement with the NNEO (similar in form and
content to Attachment A) and amendments thereto, if necessary, approved as to form
by the City Attorney. Any such amendments shall be within the limits of the funds
appropriated by City Council and the purposes set forth in the Agreement for the
project.
Cost to the City will be $100,000 in HOME funds; funding is available from the
following accounts:
035-052-5303-5272 NNEO 803/809 Gilmer II $75,000 (project)
035-052-5303-5241 NNEO 803/809 Gilmer II $25,000 (operating)
Members of Council
Page 3
Progress in committing CHDO funds will be achieved. The $75,000 being
committed to the project will leave only $13,671 from the City's 1995 HOME
grant which must be committed to CHDO projects by June 30, 1997.
Impact on neighborhood revitalization will be positive. Upon completion of the
project, two more rehabilitated units will have been made available for
homeownership. This will enhance the appearance, property values and stability
of the neighborhood, while increasing the City's stock of decent, affordable
housing.
Consistency with the Annual Update will be attained. The project and funding
covered by this Agreement are specifically authorized in the Annual Update for
implementation by the NNEO.
B. Do not authorize execution of this 1996-97 HOME Agreement with [he NNEO.
Cost to the City. will be the loss of potential real estate tax revenues if the project
is not completed.
2. Progress in committing CHDO funds will not be achieved.
Impact on neighborhood revitalization from delaying or failure to complete the
project would be negative.
Consistency with the Annual Update would not be attained, since the NNEO is
specifically identified as the agency which will conduct the project covered by
this Agreement.
V. Recommendation:
Concur with Alternative A, authorizing the City Manager or the Assistant City Manager to
execute, and the City Clerk to attest, a 1996-97 HOME Agreement with the NNEO (similar
in form and content to Attachment A) and amendments thereto, if necessary, approved as
to form by the City Attorney. Any such amendments shall be within the limits of the funds
appropriated by City Council and the purposes set forth in the Agreement for the project.
Respectfully submitted,
City Manager
Members of Council
Page 4
WRH:FEB
Attachment
C:
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Development
Budget Administrator
Housing Development Coordinator
Office of Grants Compliance
Roanoke Neighborhood Partnership Coordinator
President, Northwest Neighborhood Environmental Organization
Attachment A
AGREEMENT
This Agreement is made and entered into this
following parties:
day of__
, 1996, by and between the
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Northwest Neighborhood
Environmental Organization, Inc.
802 Loudon Avenue, N.W.
Roanoke, Virginia 24016
WITNESSETH:
WHEREAS, the Roanoke City Council approved by Resolution No. 32528-062695 the 1995 HOME
Investment Partnerships (HOME) program and by Ordinance No. 32527-062695 appropriated funds
therefor; and
WHEREAS, the Roanoke City Council on ~ __, 1996, reviewed and approved by Resolution No.
, the execution of a subgrant agreement between the Grantee and the Subgrantee; and
WHEREAS, the Grantee has certified the Subgrantee to be a bona fide Community Housing Development
Organization CCHDO"), as defined by the U.S. Department of Housing and Urban Development
("HUD"); and
WHEREAS, the Subgrantee is experienced in providing services to and on behalf of citizens of low and
moderate income;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. USE OF HOME FUNDS;
ao
The Subgrantee shall use the funds under this Agreement to rehabilitate and sell to HOME-
eligible families, as defined below, the vacant single-family houses located at 803 and 809
Gilmer Avenue, N.W., Roanoke, Virginia. Expenditures may include labor and materials, title
and recording, legal fees, property appraisal, surveying, taxes, extermination/inspection and
Page 1
other necessary, reasonable and allowable costs related to rehabilitating and selling the
properties.
"HOME-eligible families" -- For the purposes of this Agreement, this term shall mean a family
that will use the property being purchased as its principal residence and whose income, adjusted
for size, does not exceed 80% of the area median income established by HUD and in effect at
the time of sale. The Subgrantee shall prepare and retain with records of the project
documentation that it has determined each homebuyer family's income. Such documentation
shall include the names, ages, and the sources and amounts of income anticipated for the
succeeding twelve months for each individual related by birth, marriage or adoption living in
the same household at the time of the determination. In the event the sale of the property to the
family does not occur within six months of the income determination, a new income
determination shall be made to ensure the family meets the income criteria in effect at the time
of sale.
2. TIME PERIOD:
This Agreement shall be effective as of July 1, 1996, and, unless amended, shall end June 30, 1997.
By the specified ending date, the Subgrantee shall have completed the rehabilitation of the properties
and closed on their sale to HOME-eligible families.
The total HOME funds to be provided by the Grantee under this Agreement is $100,000. Of these
funds, $75,000 may be used for eligible project costs; not more than $25,000 may be used for
eligible CHDO operating expenses.
4. REQUESTS FOR DISBURSEMENTS OF FUNDS:
ao
Disbursement of funds under this Agreement shall not be requested until the funds are needed
for payment of eligible costs. The amount of each request must be limited to the amount needed
for reimbursement of costs incurred.
bo
Requests for disbursement of funds shall be submitted to the Grantee's Office of Grants
Compliance and shall include copies of the invoices from contractors, businesses or other entities
for the work performed or CHDO operating expenses incurred. Upon approval of the request
by the Office of Grants Compliance and the Grantee's Project Manager, if any, the Grantee shall
disburse the funds to the Subgrantee.
Co
Within thirty (30) calendar days of the last disbursement of funds by the Grantee, the Subgrantee
shall submit to the Office of Grants Compliance and the Project Manager, if any, a final report
summarizing all expenditures and accomplishments.
5. AFFORDABILITY:
The Subgrantee shall ensure that the properties rehabilitated under this Agreement comply with the
Page 2
affordability requirements at 24 CFR 92.254, including, but not limited to, the following:
o
a. The appraised, after-rehabilitation value of each property shall not exceed $127,750;
b. Buyers of the rehabilitated properties shall be HOME-eligible families, as defined in paragraph
1. above; and
For a period of up to 15 years, depending on the total amount of HOME funds invested, each
property shall be available for subsequent purchase only by a HOME-eligible family; otherwise
up to the full HOME investment shall be repaid to the Grantee. These restrictions will be
enforced pursuant to paragraph 12 of this Agreement. In the event the subsequent purchase is
financed with a mortgage insured by HUD, the affordability period shall be equal to the term
of the HUD-insured mortgage.
REPAYMENTS:
a. Payment of Proceeds from Sale:
(1)
Upon the Subgrantee's sale of a property cited in paragraph 1, gross proceeds shall be
distributed as follows: first, private lending institutions shall be repaid; second, the
Subgrantee shall recover its funds invested in the project; third, the Subgrantee shall retain
a developer's fee, as defined in subparagraph (2) below; and fourth, the Grantee's HOME
Investment Trust Fund shall be repaid any funds remaining. Should the gross proceeds be
insufficient to allow the Subgrantee to recover its invested funds and/or retain a developer's
fee, the Grantee shall not be liable for the deficiency.
(2)
Where the gross proceeds from the sale of the properties cited in paragraph 1. permit, the
Subgrantee shall receive a developer's fee for each property. This fee shall be deemed in
compensation for the effort expended by the Subgrantee associated with conducting the
project. The amount of the fee shall be 7.5 % of the "adjusted project budget," as defined
in subparagraph (3) below, up to a maximum of $5,000. For projects involving more than
one property, the base for computing each developer's fee shall be the adjusted project
budget divided by the number of properties to be sold to low-income homebuyers under the
project.
(3)
For the purposes of this paragraph, the "adjusted project budget" shall mean the total project
budget minus any amounts budgeted as CHDO operating funds or any amounts designated
under this or any other Agreement for use by other entities to provide for relocation of
current tenants of the property(ies), downpayment/closing cost or other homebuyer
assistance, or other forms of assistance not directly associated with the production of the
housing.
bo
In the event this project is terminated before completion, as defined under the HOME Cash and
Management Information System, any HOME funds disbursed to the Subgrantee, whether or
not expended for project costs, shall be repaid by the Subgrantee to the HOME Investment Trust
Fund.
Page 3
c. All repayments, interest and returns on the investment of HOME funds shall be returned to the
Grantee within 15 days of receipt by the Subgrantee.
7. PROJECT REQUIREMENT;
The Subgrantee shall comply with the following project requirements set forth in Subpart F of 24
CFR part 92:
ao
Maximum per-unit subsidy amount. The total amount of HOME funds invested shall not exceed
$55,999 for a one-bedroom unit, $68,095 for a two-bedroom unit, $88,091 for a three-bedroom
unit, and $96,697 for a unit with four or more bedrooms.
Property standards. Housing assisted under this agreement must, at a minimum, meet HUD
housing quality standards prior to occupancy. In addition, all rehabilitation work must meet all
applicable local codes, rehabilitation standards, ordinances, and zoning ordinances. Rehabilitated
housing must meet the cost-effective energy conservation and effectiveness standards in 24 CFR
part 39.
OTHER PROGRAM REQUIREMENTS:
The Subgrantee shall carry out each activity in compliance with all federal laws and regulations
described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's
responsibilities for temporary relocation and relocation assistance for displaced persons in 92.353,
environmental review in 92.352 or the intergovernmental review process in 92.359. In particular,
the following provisions apply to the project described in paragraph 1 of this Agreement:
a°
Equal Opportunity and Fair Housing. (1) No person in the United States shall on the grounds
of race, color, national origin, religion, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or
in part with HOME funds. (2) To the greatest extent feasible, contracts for work to be
performed in connection with any project under this Agreement shall be awarded to business
concerns which are located, or owned in substantial part by persons residing, in the Roanoke
metropolitan area. (3) To the greatest extent feasible, minority business enterprises and women
business enterprises shall be used when possible in the procurement of property and services.
b°
Affirmative Marketing. In accordance with the City of Roanoke Affirmative Marketing
Procedures, the Subgrantee shall administer the HOME program so that individuals of similar
income have similar available housing choices, regardless of race, color, religion, sex, national
origin, handicap, or familial status (families with children). Each property owner applying for
participation in the HOME program shall agree to avoid any discrimination on the basis of race,
color, religion, sex, national origin, handicap, or familial status and shall agree to market their
residential units in good faith to inform and attract eligible buyers from all racial, ethnic, and
gender groups.
c. Minimizing Displacement. The Subgrantee must ensure that it has taken all reasonable steps to
Page 4
minimize the displacement of persons (families, individuals, businesses, nonprofit organizations,
and farms) as a result of the activities in paragraph 1 above. To the extent feasible, any existing
residential tenants of the properties identified in paragraph 1 above must be provided reasonable
opportunity to purchase the rehabilitated property, if the existing tenants are qualified as low-to-
moderate-income home buyers, if the property is affordable after rehabilitation to the existing
tenants, and if the existing tenants can obtain mortgage financing for the purchase.
Historic Review. All proposals for HOME-assisted rehabilitation or demolition in the City shall
be submitted to the Grantee for determination of the structure's eligibility for inclusion on the
National Register of Historic Places. If a property is historically eligible, all project plans and
specifications will be submitted to the Grantee for review as to compliance with Section 106 of
the National Historic Preservation Act.
fo
Lead-based Paint. Housing assisted with HOME funds constitutes HUD-associated housing for
the purpose of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.) and
is, therefore, subject to 24 CFR Part 35. In compliance with the regulations referenced herein,
the Subgrantee shall comply with the Grantee's Lead-Based Paint Abatement policies and
procedures. In no case shall lead-based paint be used in the rehabilitation of the houses
referenced in paragraph 1 of this Agreement.
Conflict of Interest. No employee, agent, consultant, officer or appointed official of the
Subgrantee, who is in a position to participate in a decision-making process or gain inside
information with regard to any HOME activities, may obtain a personal or financial interest in
or benefit from any of the activities, or have an interest in any contract, subcontract or
agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family
or business associates, during their tenure or for one (1) year thereafter.
Debarment and Suspension. The Subgrantee will submit to the Grantee's Office of Grants
Compliance all names of contractors and subcontractors hired for any HOME-assisted project,
to determine if such contractors or subcontractors are presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in federal
transactions.
Flood Insurance. The Grantee's Office of Grants Compliance will review all proposed
HOME-assisted projects to determine if they are located in a flood hazard area. If a project is
located in a flood hazard area, the Subgrantee shall ensure that flood insurance under the
National Flood Insurance Program is obtained and maintained for the duration of this
Agreement.
CONDITIONS FOR RELIGIOUS ORGANIZATIONS:
The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any
activity including secular activities. In addition, HOME funds may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist primarily religious
organizations in acquiring housing. In particular, there shall be no religious or membership criteria
for tenants or buyers of any HOME-assisted properties.
Page 5
10. REVERSION OF ASSETS;
Any portion of the funds obligated to this contract but not expended by the Subgrantee by the ending
date of this Agreement may, at the sole discretion of the Office of Grants Compliance, be
deobligated and made available for other HOME or HOME/CHDO projects, as appropriate.
11. RECORDS AND REPORTS:
a. Pr~ect records to be maintained; The Subgrantee shall maintain the following documents and
records, at a minimum, for each project assisted with HOME funds under this Agreement:
(1) Records that demonstrate that each project meets the property standards in 24 CFR 92.251.
(2)
Records that demonstrate compliance with the requirements in 24 CFR 92.254 for affordable
housing (homeownership), including the initial purchase price and appraised value (after
rehabilitation, if required) of the property. Records must be kept for each family assisted.
(3) Records that indicate whether the project is mixed-income, mixed-use, or both, in
accordance with 24 CFR 92.255 or 24 CFR 92.256.
(4)
Records evidencing the guidelines adopted by the participating jurisdiction and supporting
the certification for each housing project that the combination of federal assistance to the
project is not any more than is necessary to provide affordable housing, as required by 24
CFR 92.150(c)(1).
b. Period of record retention;
(1) Except as provided in paragraph (b)(2), (b)(3), or (b)(4) of this section, records must be
retained for four years after closeout of the funds.
(2)
If any litigation, claim, negotiation, audit, or other action has been started before the
expiration of the regular period specified in paragraph (b)(1) of this section, the records must
be retained until completion of the action and resolution of all issues which arise from it, or
until the end of the regular period, whichever is later.
(3)
Records regarding project requirements (subpart F) and subpart H requirements that apply
for the duration of the period of affordability as well as the written agreement and inspection
and monitoring reports must be retained for four years after the required period of
affordability, as applicable.
(4)
Records covering displacements and acquisition must be retained for at least three years after
the date by which all persons displaced from the property and all persons whose property
is acquired for the project have received the final payment to which they are entitled in
accordance with 24 CFR 92.353.
Page 6
c. Access torecords.
(1) The Grantee, HUD and the Comptroller General of the United States, or any of their
representatives, have the right of access to any pertinent books, documents, papers and other
records of the participating jurisdiction, state recipients, and subrecipients, in order to make
audits, examinations, excerpts, and transcripts.
(2) The Subgrantee must provide citizens, public agencies, and other interested parties with
reasonable access to records, consistent with applicable state and local laws regarding
privacy and obligations of confidentiality.
12. ENFORCEMENT OF THE AGREEMENT:
In the event the Subgrantee materially fails to comply with any term of the agreement, the
Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial
action in accordance with 24 CFR 85.43.
bo
The Subgrantee shall be liable for repayment of HOME funds expended on any project or
activity which the Subgrantee terminates prior to completion without the prior written approval
of the Grantee's Office of Grants Compliance.
Co
The affordability provisions referenced in paragraph 5 of this Agreement shall be enforced by
a written covenant between the Subgrantee and the homebuyer as a condition of sale, and
recorded with the property deed. The covenant shall provide that the Grantee be notified of any
pending resale of the property for the applicable period of affordability. Such covenant shall
be approved as to form by the Grantee. If affordability provisions are not met upon resale of
either of the properties, up to the full the HOME investment, as applicable, shall be repaid to
the Grantee in accordance with paragraph 6 of this Agreement.
13. UNIFORM ADMINISTRATIVE REQUIREMENTS:
As an entity operating independently from the Grantee, the uniform administrative requirements in
24 CFR 92.505 (including those related to procurement of goods and services) and the conflict of
interest provisions found in 24 CFR 85.36 and OMB Circular A-110 do not apply to the Subgrantee.
However, at a minimum, the Subgrantee must have financial accountability standards which
conform to OMB Circular A-133 and to the "Standards for Financial Management Systems" as
detailed in OMB Circular A-110.
14. MONITORING:
The Subgrantee shall monitor progress of the HOME-funded project covered by this Agreement,
and shall submit appropriate reports to the Grantee's Office of Grants Compliance. Not less than
annually, the Grantee shall monitor the Subgrantee for records retention and compliance with the
regulations of 24 CFR Part 92, as referenced herein.
Page 7
15. ANNUAL AUDIT:
The Subgrantee shall provide for an annual independent audit of all HOME expenditures in
accordance with 24 CFR part 45 and OMB Circular A-133. Copies of the audit report shall be due
to the Grantee's City Manager and Director of Finance within thirty (30) days of completion and
not later than thirteen (13) months after the end of the Subgrantee's fiscal year.
16. THIRD-pARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
17. INDEMNITY;
The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold
the Grantee and its officers, employees, agents, volunteers and representatives free and harmless
from any liability on account of any injury or damage of any type to any person or property growing
out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a)
the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the
performance under this Agreement; (c) the exercise of any right or privilege granted by or under
this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed
upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or
proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers
or representatives at law or in equity, either independently or jointly with the Subgrantee on account
thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees,
agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its
officers, employees, agents, volunteers or representatives in any such action or other proceeding.
In the event of any settlement or any final judgement being awarded against the Grantee or any of
its officers, employees, agents, volunteers or representatives, either independently or jointly with
the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply
with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of
its officers, employees, agents, volunteers or representatives harmless therefrom.
18. INDEPENDENT CONTR3_CTOR;
Services performed under this agreement shall be performed on an independent contractor basis and
under no circumstances shall this agreement be construed as establishing an employee/employer
relationship. The Subgrantee shall be completely responsible for its activities in performing services
hereunder.
19. SUCCESSORS:
This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees,
and successors.
Page 8
20. AMENDMENTS:
The Grantee, from time to time, may require changes in the obligations of the Subgrantee
hereunder, or its City Council may appropriate further funds for the implementation of this HOME
rehabilitation project. In such event or events, such changes which are mutually agreed upon by
and between the Grantee and the Subgrantee shall be incorporated in written amendment to this
Agreement.
21. GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
W. Robert Herbert, City Manager
ATTEST:
FOR THESUBGRANTEE:
By By
Louise J. Penn, Secretary
Florine Thornhill, President
APPROVED AS TO HOME ELIGIBILITY
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
Page 9
APPROVED AS TO EXECUTION
APPROVED AS TO FUNDS AVAILABLE
Assistant City Attorney
Date
Account #
Director of Finance
035-052-5303-5241 ($25,000) and
035-052-5303-5272 ($75:000)
Page 10
Mary F. Parker, CMCIAAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Ea
Deputy City C,
August 9, 1996
File #178-236
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33061-080596 authorizing appropriate City officials
to enter into the 1996-97 HOME Investment Partnership Program Subrecipient Agreement
and any necessary amendments thereto, with the Roanoke Redevelopment and Housing
Authority, upon certain terms and conditions'. Resolution No. 33061-080596 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, August 5,
1996.
MFP:sm
Enc.
Sincerely,
Mary F. Parker, CMCIAA'E
City Clerk
H :~AGENDA~AUGIJ,~'r.5
W. Robert Herbert
City Manager
August 9, 1996
Page 2
pc:
Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
William F. Clark, Director, Public Works
Ronald H. Miller, Building Commissioner
H. Daniel Pollock, Housing Development Coordinator
Vickie S. Tregubov, Grants Compliance Monitor
H:~AGENDA~AUGU~I'.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33061-080596.
A RESOLUTION authorizing the appropriate City officials to
enter into the 1996-97 HOME Investment Partnership (HOME) Program
Subrecipient Agreement, and any necessary amendments thereto, with
the Roanoke Redevelopment and Housing Authority, upon certain terms
and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or the Assistant City Manager and City Clerk are
hereby authorized to execute and attest, respectively, on behalf of
the City, the 1996-97 HOME Investment Partnership (HOME) Program
Subrecipient Agreement with the Roanoke Redevelopment and Housing
Authority, and any necessary amendments thereto, if necessary,
approved as to form by the City Attorney, within the limits of
funds and the purposes as more particularly set forth in the City
Manager's report dated August 5, 1996.
ATTEST:
City Clerk.
Roanoke, Virginia
August 5, 1996
96-25
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
II.
Subject:
1996-97 HOME
Agreement with
Authority (RRHA)
Investment Partnerships Program
the Roanoke Redevelopment and
(HOME)
Housing
Ao
City_ Council authorized the RRHA's 1996-97 HOME activities and funding as part
of the Annual Update to the Consolidated Plan (Annual Update) approved for
submission to the U.S. Department of Housing and Urban Development (HUD)
on May 13, 1996, by Resolution No. 32939-051396.
B°
HUD approved the Annual Update verbally on June 27, 1996. The HUD letter of
approval was received July 15, 1996.
Co
Ci_ty Council accepted the 1996-97 HOME funds from HUD on July 1, 1996, by
adopting Resolution No. 33021-070196 and Budget Ordinance No. 33020-070196.
Do
Historically, the RRHA has administered a variety of HOME programs for the
City, including housing rehabilitation and homebuyer assistance.
Current Situation:
Ao
$645,958 in HOME funds are budgeted for the RRHA's 1996-97 project costs for
three (3) HOME-funded activities:
Consolidated Local Rehabilitation Loans -- Grants and/or loans to eligible
homeowners and homebuyers and to owners of substandard rental
properties for housing rehabilitation.
Down Payment and Closing Cost Assistance -- Grants to eligible first-time
homebuyers to reduce the amount of cash required to purchase a home.
Gainsboro Lot Acquisition and Homeownership Initiative - Assistance to
eligible homebuyers to purchase four homes in Gainsboro, including 12 and
18 Gilmer Avenue and two new homes to be constructed in the area.
Members of Council
Page 2
Bo
Co
$31,609 in HOME funds are budgeted for the RRHA's 1996-97 administrative
costs relating to the three (3) HOME-funded activities.
An additional $220,500 in Community Development Block Grant (CDBG) funds
for staff and other support costq directly attributable to delivering the HOME
activities is being budgeted under a separate CDBG Agreement with the RRHA to
be authorized by Council.
City. Council must approve execution of an Agreement with the RRHA in order to
implement the HOME activities and permit payment to the RRHA for costs
incurred.
III.
Bo
Issues:
HOME funds must be matched at a rate of 25 %, which does not apply to
"administrative" funds or to Grant Year 1992 funds. The match requirement for
the RRHA contract will be $148,314. Match sources include cash as well as in-
kind contributions from non-federal sources. No outlays of City funds will be
needed to meet the match requirement. The availability of matching funds will be
verified and documented by the Office of Grants Compliance prior to the
expenditure of funds.
IV.
B.
C.
D.
E.
Cost to the City.
Administrative cat>ability.
Timing.
Impact on neighborhood revitalization.
Consistency with the Annual Update.
Alternatives:
Authorize the City. Manager or the Assistant City_ Manager to execute, and the City
Clerk to attest, the 1996-97 HOME Agreement with the RRHA (.similar in form
and content to Attachment 1) and amendments thereto, if necessary, approved aK
to form by the City. Attorney, within the limits of funds and the purposes set forth
in this report.
Members of Council
Page 3
o
°
Do not
1.
o
o
C.~[Illdll~2J~ will be $677,567 in HOME funds; funding is available in
the HOME accounts listed in Attachment A of the Agreement.
Administrative capability will be assured by executing the Agreement. The
RRHA possesses extensive knowledge and experience in the types of
activities to be conducted.
Timing is important. Housing activities and payments to the RRHA cannot
be implemented in the absence of an Agreement.
Impact on neighborhood revitalization will be positive. These HOME
activities will assist the purchase and/or rehabilitation of approximately 60
housing units. As a result, the appearance, property values and stability of
our neighborhoods will be enhanced, and the City's stock of decent,
affordable housing will increase.
Consistency with the Annual Update will be achieved. The activities and
funding covered by the Agreement are specifically authorized in the Annual
Update for implementation by the RRHA.
authorize execution of the 1996-97 HOME Agreement with the RRHA.
Cost to the City is unclear at this time. Funding would remain available,
but other arrangements would have to be made to establish a comparable
administrative capability within the City government structure or through
contracts with external agencies.
Administrative capability would be negatively affected. While some City
staff would be able to perform certain functions, the range of knowledge
and experience would be difficult to replace.
Timing would be adversely affected. There would be significant delays in
making rehabilitation and homebuyer assistance available to the
community.
Impact on neighborhood revitalization would be negative if assistance with
the purchase and/or rehabilitation of housing was delayed or withdrawn.
Consistency with the Annual Update would not be achieved, since the
RRHA is specifically identified as the agency which will conduct the
activities covered by the Agreement.
Members of Council
Page 4
V. Recommendation:
Concur with Alternative A, authorizing the City Manager or the Assistant City Manager
to execute, and the City Clerk to attest, the 1996-97 HOME Aereement with the RRHA
(similar in form and content to Attachment 1) and amendments thereto, if necessary,
approved as to form by the City Attorney, within the limits of funds and the purposes set
forth in this report.
Respectfully submitted,
WRH:FEB
W. Robert Herbert
City Manager
C:
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Housing Development Coordinator
Office of Grants Compliance
Executive Director, Roanoke Redevelopment and Housing Authority
AGREEMENT
This Agreement is made and entered into this
following parties:
day of __
1996, by and between the
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
City of Roanoke Redevelopment
and Housing Authority
2624 Salem Turnpike, N.W.
Roanoke, Virginia 24017
WITNESSETH:
WHEREAS, the Roanoke City Council approved by Resolution No. 33021-070196 the 1996 HOME
program and by Ordinance No. 33020-070196 appropriated funds therefor; and
WHEREAS, the Roanoke City Council on __, 1996, approved by Resolution No.
the execution of this subgrant agreement between the Grantee and the Subgrantee; and
WHEREAS, the Subgrantee's Board of Commissioners on __ __, 1996, approved by Resolution
No.__ the execution of this subgrant agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. USE OF HOME FUNDS:
All program activities under this Agreement shall be operated in accordance with guidelines
developed by the Grantee in consultation with the Subgrantee. These guidelines may be modified
with the approval of the Grantee's City Manager or Assistant City Manager and the Subgrantee's
Executive Director or her designee. (Note: Guidelines shall not be modified administratively when
the result would be to add or delete program activities or otherwise fundamentally alter the nature
or intent of any program activity.)
Responsibilities of the Subgrantee shall include marketing and outreach, receiving and processing
applications, including packaging loan applications for supplemental funding sources under part 1.d.,
overseeing rehabilitation, holding deeds of trust and/or homeowner grant agreements (specific to this
Agreement) for the Grantee's HOME funds, and monitoring the projects after rehabilitation, in
accordance with federal HOME regulations. The Subgrantee shall, in addition, be responsible for
performing such duties as above as may be necessary to complete or continue progress on projects
it set up in the Cash Management Information System (C/MI) that remained open as of June 30,
1996.
Page 1
do
Consolidated Local Rehabilitation Loan Program -- The Subgrantee shall conduct a Consolidated
Local Rehabilitation Loans Program to make housing rehabilitation funding available to HOME-
eligible homeowners and homebuyers and to owners of substandard rental properties. A
combination of active and deferred loans and grants will be offered to provide an equitable level
of assistance among the different types of applicants and the activities supported. The forms of
financial assistance to be made available will vary with the income and age of each applicant and
with the type of activity assisted.
(1) Types of Rehabilitation Activities Authorized -- Using HOME funds provided by the
Grantee, the Subgrantee shall offer the following types of assistance in accordance with the
guidelines at Attachment B to this Agreement.
(a) Owner-Occupied Rehabilitation -- financial assistance for the rehabilitation of
substandard homes owned and occupied by eligible families.
(b) Purchase Rehabilitation -- financial assistance for the purchase, rehabilitation, and
occupancy of vacant substandard houses by eligible families.
(c) Rental Rehabilitation -- financial assistance for the rehabilitation of small rental
properties.
(2) Enterprise Zone and Historic Gainsboro Set-Asides -- For up to six months following the
date of this Agreement specified above, or longer as mutually agreed by the parties hereto,
the Subgrantee shall reserve and make available a minimum of $100,000 to assist housing
in the Enterprise Zone and $100,000 to assist housing in the Historic Gainsboro District. The
Subgrantee may provide this assistance through Owner-Occupied Rehabilitation, Purchase-
Rehabilitation or Rental Rehabilitation, as described above.
Down Payment and Closing Cost Assistance Program -- The Subgrantee shall conduct a Down
Payment and Closing Cost Assistance Program consisting of grants from HOME funds provided
by the Grantee to eligible first-time homebuyers to reduce the amount of cash required to
purchase a home. The assistance shall be provided in accordance with the guidelines at
Attachment C to this Agreement. Of the funds allocated to this activity, up to $21,000 may be
reserved for six (6) months for down payment and closing cost assistance for the purchase of
housing being produced by the Subgrantee under its Homeownership Opportunities Program.
Gainsboro Lot Acquisition and Homeownership Initiative Program - The Subgrantee shall
conduct a Gainsboro Lot Acquisition and Homeownership Initiative Program to assist eligible
families to purchase four homes in the Gainsboro Redevelopment/Conservation Area. The four
homes to be sold under this program are 12 and 18 Gilmer Avenue, N.W. and two new homes
to be constructed in Gainsboro. HOME funds will be used to acquire the parcels of land on
which the new homes will be built and to provide each eligible family up to $15,000 in
homebuyer assistance.
Supplementation of Local HOME Funds with State Funds -- In order to increase the number of
property owners and buyers assisted, the HOME funds provided under this Agreement by the
Page 2
Grantee may be supplemented by funding obtained through the Virginia Department of Housing
and Community Development (DHCD) or other sources. The Grantee and Subgrantee shall
coordinate any actions taken to obtain supplemental funding. Where permitted, HOME funds
under this Agreement may be used to meet any matching requirements of the supplemental
funding source. Revisions to activity guidelines, such as, but not necessarily limited to, changes
in financing options, required to accommodate any supplemental funding shall be considered
administrative in nature and shall not require amendment of this Agreement.
eo
Schedule - The Grantee and Subgrantee shall implement each program described above on July
1, 1996, in accordance with the attached guidelines, and shall set up individual projects utilizing
all the HOME funds identified in Attachment A by June 30, 1997. At the sole discretion of the
Grantee, any project funds remaining uncommitted or administrative funds remaining
unexpended at the end of this period may be carried over to the subsequent year or deobligated
from the Agreement and used for other HOME purposes.
Match - Funds drawn from the Grantee's HOME Investment Trust Fund must be matched in
accordance with the requirements contained in 24 CFR 92.218 through 92.222. It shall be the
Grantee's responsiblity to determine the amount and ensure crediting of matching funds required
pursuant to this Agreement. The Subgrantee shall report regularly to the Grantee all activities
which may be credited against the HOME match requirement.
g. B_uflg~ - HOME Investment Partnership (HOME) funds, as provided in Attachment A, shall be
made available to the Subgrantee for the respective program activities.
2. AFFORDABILITY;
ao
The Subgrantee shall ensure that all housing units assisted with HOME funds through any
program under this Agreement will adhere to the affordability requirements of 24 CFR 92.252,
92.254 and 92.258, as applicable. The Subgrantee shall require repayment of the HOME funds
if the housing does not meet the affordability requirements for the specified time period.
The Subgrantee shall monitor all HOME-assisted properties to ensure maintenance of their
affordability for the minimum period. Monitoring procedures of the Subgrantee must be in
accordance with HUD regulations.
3. REPAYMENTS;
All repayments, interest and other return on the investment of HOME funds shall be returned to the
Grantee within 15 days of receipt by the Subgrantee.
4. UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee agrees to abide by the HUD conditions for HOME programs as set forth in 24 CFR
part 92, the requirements of OMB Circular No. A-87 and the following requirements of 24 CFR part
85: 85.6, 85.12, 85.20, 85.22, 85.26, 85.35, 85.36, 85.44, 85.51, and 85.52.
Page 3
5. PROJECT REQUIREMENTS:
The Subgrantee shall comply with project requirements detailed in Subpart F of 24 CFR part 92, as
applicable, in accordance with the type of project assisted.
6. HOUSING QUALITY STANDARD:
The Subgrantee shall include in all agreements with owners of rental housing assisted under this
Agreement the provision that such units shall be maintained in compliance with applicable Housing
Quality Standards (HQS) or the Virginia Uniform Statewide Building Code, Volume II Building
Maintenance Code, whichever presents the higher standard, for the duration of the affordability
period. The form of such Agreements between the Subgrantee and property owners shall be subject
to approval by the Grantee.
7. OTHER PROGRAM REOUIREMENTS:
The Subgrantee shall carry out each activity in compliance with all federal laws and regulations
described in subpart H of 24 CFR 92, except that the Subgrantee does not assume the Grantee's
responsibilities for environmental review in 24 CFR 92.352 or the intergovernmental review
process in 24 CFR 92.359.
All proposals for HOME-assisted rehabilitation in the City shall be submitted to the Grantee's
Office of Grants Compliance for determination of the structure's eligibility for inclusion on the
National Register of Historic Places. If property is historically eligible, all project plans and
specifications will be submitted to the Grantee's Office of Grants Compliance for review as to
compliance with Section 106 of the National Historic Preservation Act.
8. AFFIRMATIVE MARKETING:
As applicable, and in accordance with 24 CFR 92.351, the Subgrantee shall include in all agreements
with the owners of rental housing the provision that the owners shall comply with the Grantee's
Affirmative Marketing Procedures.
9. CONDITIONS FOR RELIGIOUS ORGANIZATIONS:
The Subgrantee shall not grant or loan any HOME funds to primarily religious organizations for any
activity, including secular activities. In addition, HOME funds may not be used to rehabilitate or
construct housing owned by primarily religious organizations or to assist primarily religious
organizations in acquiring housing. In particular, there shall be no religious or membership criteria
for tenants of any HOME-assisted properties.
10. REQUESTS FOR DISBURSEMENTS OF FUNDS:
Disbursement of funds under this Agreement shall not be requested until the funds are needed
for payment of eligible costs. The amount of each request must be limited to the amount needed
for reimbursement of costs incurred.
Page 4
be
Requests for funds shall be submitted to the Grantee's Office of Grants Compliance and shall
include copies of the HOME Payment Certification Form(s) for the project and/or administrative
costs to be reimbursed. As requested by the Office of Grants Compliance, the Subgrantee shall
furnish copies of invoices or other documentation of the project and/or the administrative costs
incurred. Upon approval of the request by the Grantee's Project Manager and/or Office of
Grants Compliance, the Grantee shall disburse the funds to the Subgrantee.
11. REVERSION OF ASSETS:
Upon expiration of this Agreement, the Subgrantee must transfer to the Grantee any HOME funds
on hand at the time of expiration and any accounts receivable attributable to the use of HOME funds.
12. RECORDS AND REPORTS:
The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the
activities conducted under this Agreement. Further, the following shall apply with respect to the
records to be maintained:
Project records to be maintained -- At a minimum, for each project assisted with HOME funds
under this Agreement, the Subgrantee shall maintain documents and records which evidence:
(1) that each project complies with the property standards of 24 CFR 92.251.
(2) that each rental housing project complies with the requirements of 24 CFR 92.252 for the
required period of affordability. Records must be kept for each family assisted.
(3) that tenant and participant protections comply with the requirements of 24 CFR 92.253.
(4)
that each homeownership project complies with the requirements of 24 CFR 92.254 for
affordability, including the initial purchase price and appraised value (after rehabilitation,
if required) of the property. Records must be kept for each family assisted.
(5) whether the project is mixed-income, mixed-use, or both, in accordance with 24 CFR 92.255
or 24 CFR 92.256.
(6)
that, consistent with 24 CFR 91.225(d)(3), the Subgrantee has evaluated each housing project
and has not invested any more HOME funds in combination with other federal assistance
than necessary to provide affordable housing.
Period of record retention -- Except as provided in paragraph (1), (2), or (3) of this section,
records must be retained for three years after closeout of the funds.
(1) In the event of any litigation, claim, negotiation, audit, or other action, records must be
retained until completion of the action and resolution of all issues which arise from it or until
the end of the three-year period, whichever is later.
Page 5
(2)
Records under 24 CFR part 92, subparts F and H, regarding project requirements and other
requirements that apply for the duration of the period of affordability (24 CFR 92.350,
92.351, and 92.358), as well as the written agreement and inspection and monitoring reports,
must be retained for three years after the required period of affordability specified in 24 CFR
92.252 or 24 CFR 92.254, as applicable.
(3)
Records covering displacements and acquisition must be retained for at least three years after
the date by which all persons displaced from the property and all persons whose property is
acquired for the project have received the final payment to which they are entitled in
accordance with 24 CFR 92.353.
Co
Access to records -- The Grantee, HUD and the Comptroller General of the United States, or
any of their representatives, have the right of access to any pertinent books, documents, papers
and other records of the Subgrantee in order to make audits, examinations, excerpts, and
transcripts. Citizens, public agencies, and other interested parties must be provided with
reasonable access to records, consistent with applicable state and local laws regarding privacy
and obligations of confidentiality.
13. ENFORCEMENT OF THE AGREEMENT;
In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the
Subgrantee materially fails to comply with any term of the Agreement. This Agreement may be
also terminated for convenience in accordance with 24 CFR 85.44.
bo
The Subgrantee shall be liable for repayment of HOME funds expended on any project or
activity which the Subgrantee terminates prior to completion without the prior written approval
of the Grantee's Office of Grants Compliance.
Co
The affordability provisions referenced in paragraph 2 of this Agreement shall be enforced by
written covenant between the Subgrantee and all rental property owners or homebuyers as a
condition of sale or participation in the HOME program. Covenants shall be recorded with the
property deeds and deeds of trust. The form of such covenants are subject to approval by the
Grantee. If affordability provisions are not met, the HOME subsidy shall be repaid to the
Grantee in accordance with paragraph 3 of this Agreement.
14. DURATION OF THE AGREEMENT;
For the purposes of monitoring affordability by the Subgrantee, this Agreement shall be in effect
through the latest date on which any housing unit assisted with HOME funds under this Agreement
is subject to the affordability requirements of 24 CFR 92.252, 92.254 or 92.258, as applicable.
However, should the Grantee not provide the Subgrantee administrative funding for such monitoring
pursuant to this or any other agreement with the Subgrantee, the monitoring and record keeping
requirements of this Agreement shall revert to the Grantee. In the event of such reversion, the
Subgrantee shall promptly provide to the Grantee all records and documents in the Subgrantee's
possession necessary to effect such monitoring.
Page 6
~'15. MONITORING;
At least annually, the Grantee shall review the Subgrantee's performance and financial and other
records for compliance with the terms, conditions and expectations of this Agreement, and with
applicable local, state and federal statutes, regulations, policies and procedures.
Not less than annually, the Subgrantee shall review the activities of owners of rental housing
assisted with HOME funds to assess compliance with the requirements of 24 CFR part 92.252
("affordability") and 24 CFR 92.504(c)(6) ("housing quality standard"), as set forth in this
Agreement. For multifamily housing of more than 25 HOME-assisted units, each review must
include on-site inspection to determine compliance with housing codes, occupancy requirements,
and rent levels. For rental housing containing 25 or fewer HOME-assisted units, an on-site
review must be made at least once within each two-year period. The results of each review shall
be submitted to the Grantee's Office of Grants Compliance in quarterly reports.
16. ANNUAL AUDIT;
The Subgrantee shall provide for an independent, annual audit of all HOME expenditures under this
Agreement, in accordance with OMB Circular A-128. Two copies of the audit report shall be
furnished to the Grantee within 30 days after completion of the audit.
17. THIRD-PARTY CONTRACTS;
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
18. ~
Each party to this Agreement shall indemnify and hold harmless the other, its officers, agents and
employees, from any and all claims, liability, causes of actions, suits of any nature, costs and
expenses, including reasonable attorney's fees, resulting from or arising out of the party's intentional
or negligent acts or omissions with respect to the duties, rights and privileges granted in or arising
under this Agreement, including without limitation, fines and penalties, violation of federal, state
or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property
damage claims. In the event that the parties are jointly or concurrently negligent, each shall
indemnify and hold harmless the other party to the extent of its own negligence.
19. CONFLICT OF INTEREST;
No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position
to participate in a decision-making process or gain inside information with regard to any HOME
activities, may obtain a personal or financial interest in or benefit from any of the activities, or have
an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds
thereunder, either for themselves, their family or business associates, during their tenure or for one
(1) year thereafter.
Page 7
20.
SUCCESSORS;
This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees,
and successors.
21. AMENDMENTS:
This Agreement, including any Attachments and Exhibits, represents the entire agreement between
the parties, which shall not be modified, amended, altered or changed, except by written agreement
executed by the parties.
22. GOVERNING LAW;
This Agreement shall be governed by laws of the Commonwealth of Virginia.
23. AVAILABHJTY OF FUNDS:
HOME Investment Partnerships Program (HOME) funding to be made available by the Grantee
under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event
that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may
be terminated in whole or in part.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
hereinabove written:
ATTEST:
FOR THE GRANTEE:
By By
Mary F. Parker, City Clerk
City Manager/Assistant City Manager
ATTEST:
FOR THE SUBGRANTEE:
By By
H. Wesley White, Jr., Dir. of Development
Neva J. Smith, Executive Director
Page 8
APPROVED AS TO HOME ELIGIBILITY
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROVED AS TO FUNDS AVAILABLE
Assistant City Attorney
Director of Finance
Date
Account #
(See Attachment A)
Page 9
Account #
5304-5239
Description
General Admin
1996/97 RRHA HOME Contract
Financial Accounts
Pr~ect
Support
Admin
31,609
Attachment A
Total
31,609
5300-5333
5301-5333
5302-5333
5303-5333
5304-5333
Consolidated Rehab Loans
Consolidated Rehab Loans
Consolidated Rehab Loans
Consolidated Rehab Loans
Consolidated Rehab Loans
Total Activity
3,323
27,323
30,754
33,000
420,700
515,100
3,323
27,323
30,754
33,000
420.700
515,100
5300-5240
5303-5240
Down Payment/Closing Costs
Down Payment/Closing Costs
Total Activity
532
62,706
63,238
532
62,706
63,238
5302-5311
5303-5311
Gainsboro Lot/Homeownership
Gainsboro Lot/Homeownership
Total Activity
39,620
28,000
67,620
39,620
28,000
67,620
Total -- All Activities
645,958
-0-
31,609 677,567
Page 10
Attachment B
CONSOI.mATED REHAB LOAN PROGRAM
1996-97 PROGI~M GUIDELINES
I. Program Description
Thc Consolidated Rehab Loan Program combin~s financial assistance provided to eligible
homeowners, homebuyers and owners of substandard rental properties for thc repair and
elimination of substandard housing conditions into one inte~ated program desisn The financing
options available to assi~ in the rehab'd/talion of properties vary w/th the type of acfiv/ty beinl~
assisted and with the applicant's abe, physical condition and financial ability to pay for the repairs.
The program offers a combin~ion of aclive and deferred loans and forRivable grants to provide an
equitable and affordable l~el of assistance for thc repair of substandard residential properties.
This program is administered by the Roanoke Redevelopment and Hou~ng Authority (RRHA)
using federal HOME and CDBG funds allocated to the City of Roanoke by the Department of
Housing and Ufl~m Development (HUD).
IL Rehabilitation Options
A. Owner-Occupied Properties
All applicants must occupy thc property to be rehabilitated or intend to
occupy ~he property as flair principal residence after the renovation work
A_t~_ licants with income not exceedine 80% of the Ar~ Median Income
(AMI), as e, stab~ by HUD and adjust~I for household size, may apply
for rehabilitation financin8 flmded by federal HOME fimds. The form of
assistance may involve fimm~ all or a pan of the project repairs u~rou~,h
an active or deferred loan, or grant as provided below.
A_t~_ licants with income nbove 80% of the AMI may apply for rehabilitation
financing through a 4% interest loaa of CDBG funds.
The mi,~inn,m loan nmount is $5,000 and the minimum monthly payment is
$50. The maximum loan term is 15 years. All ~mnncin~ secured by the
property, including pre-existing mortgages and HOME or CDBG financed
assistance, may not exceed the greater of 125% ofafter-rehab appraised
value, or 150% ofpre-rehab value based on tax assessment.
HUD's per unit assistance limits based on the number of bedrooms may not
be exceeded and aflcr-rehnb values may not exceed HUD's 203(o)
mortgage limks for the area.
o
Sufficient property insurance must be rnahnained.
Very Low Income An~ticants:
For applicants with total household income not exceeding 50% of AMI,
rehabilitation financing is available as a combination of an active or
deferred loan and grant of HOME funds as follows:
Elderly or disabled applicants of very low income may finance
improvements through a combination of 1/2 non-interest bearing loan and
1/2 8rant. Elderly is defined here as an applicant above the age of sixty.
Disability is defined as having met standards established by the Social
Security Administration for disability status.
The RRHA Finance Speci_'_sli-,t will review a perspective loan application for
the applicant's ability to repay a loan. If affordable, the loan will be
amortized without interest for a term not to exceed fiRee~ years. If the
amortized loan is unatfordable, the applicant will be offered the option of
deferring payment of the loan portion of the project cost until sale or
{a-~n-,,F~r of the property, in accordance with conditions of the Promissory
No~e For Payment Upon T~ (sc~ AUachm~t __).
All 9th~ ~li~ible am~licsnts with incomes not exceeding $0% of AMI may
finance repairs tlar~gh a combination of 75% non-interest bearing loan and
25% 8rant. As outlined above, if an applicant's loan is d=termined to be
unaffordabie, the option to defer payment ~_m~_'_! sale or transfer is permitted.
Low to Moderate Income Anoli~mts:
For applicants with total household income not exceeding 80% of AMI,
rehabilitation finara~ is available an amortizing loan of HOME funds,
Isectm~ by a deed of trust on the property.
The interest rate for dderly or disabled applicants is 2%. The interest rate
for all non-elderly and non-disabled applica~ is 4%.
Applicsm., With Incomes Greater Than 80% of AMI:
Eligible applicants with total household income greater that 80% of AMI
may finance rehabilitation exposes thro~ an amorti=i-~ loan of CDBG
funds at 4% interest. CDBG loan applications must meet the same
requirements as HOlVlE fund loans, except income eiisibility.
2
B. Rental Rehabilitation
The costs of rehabilitation necessary to bring rental properties up to code
may be financed through au amortizing loan made from HOME funds at an
annual interest rate of 5%. The maximum loan term is 15 years. The
maximum loan amount is $14,999 per rental unit.
2. Reauirements for Tenant Income and Affordable Rents:
One hundred percent of the tenants shall meet the HUD specified income
limits and rents shall not exceed the HUD specified limits during the
affordable five-year reporting period. (see Attachment _.]
Eighty percent of tenants' rents shall not exceed the HUD specified Fair
Market Rent (FMR) limits and 200/~ of the tenants' rents shall not exceed
the HUD spedfied 50% Rent Limit (see AUachxnent _..J.
4. Tenant Tncomes:
The maximum allowable tenarrts' income shall be no more that 80% of the
median income (based on family size) for the Roanoke area, as established
by HUD.
N'mety percent of HOME funded units shall be rented to tenants whose
income is below 60% of the median and 20°,4 of each project shall be
rented to tenants whose income is below 50°,4 of the median (see
5. ReauiremenL~ for Landlord/Pro~)ertv Owners
The landlord/owner shall verify the tenants' income and submit
copies of information to RRHA prior to receivinE a loan
commitment on all occupied units, and on vacant units, when the
unit is occupied. The landlord/owner shall file a report annually on
the occupancy status giving a notarized affidavit to RRHA on the
tenants' incomes and rents. A tenant shall not be dispossessed it'bis
income increases during his tenancy. The rents shall remain
affordable and within HUD's specified rent limits for five years.
Any landlord failing to comply with the reporting ir~rmation
annually for five years, or who violates tenant income/rent
Ire
stipulations, as well as other stipulations of the application and deed
of trust, shall be forbidden from future participation in the rental
rehab program and lcl~al action, as deemed appropriate, shall be
brought against the owner, i.e., judgements, demands to satisfy the
mortgage, and calling for the HOME loan to be due and payable.
c. Su~icient property insurance must be maintained.
do
All appropriate inspections .,,h,~]! be made and a copy of thc
Certificate of Occupancy issued by thc city building department
shall be submitted to the RRHA prior to final draw down of the
HOME loan funds. Upon completion, all pmp~-ties must meet
Itousins Standards (HQS).
C. Purchase & Rehabilitation
Due to limited funding, acquisition costs may not be financed under the
program end must be financed by others, including local lending
Corn offinan~ r~,~-~on expenses associated with the purchase of a
hon~ may be financed by th~ Consolidated Rehab Loan Program.
Notes securing pmgnun rehabilitation financing may be subordinate to
Eli iMe
To be eli8~l¢ for rehabilitation assistance, a property rm,~ be resid~,i,! and have major
deficiencies making it substandard and ~es other l~u rental properties must be
occupied by the owner ~ the rehabili*~on work is completed. For six months,
beginning July 1, 1996, properties elig~le for a.~istance must be located within a
designated Conservation Area, Rehab~on District or Entmpri~ Zone. After the initial
six month period, the Housing Coord~*fion Team may, at the r~luest of the RRHA,
increase the areas eligible for program participatio~t
Efi~ible Improvements
All violations of the Building Maintenance Code must be corrected. Other eligible
improvements include the repair of elements that may be expected to become substandard,
improvements to make buildings more energy efficient, and improvements to enhance the
basic liv~biiity and comfort of the house.
Luxury improvements are not be eligible for fnnncing Luxury improvemen~ include
materials or fixtures of a type or quality exceeding those customarily used for properties
of the same general type as the assisted property. Additions to buildings will not be
financed, unless the additional space is necessary to correct building code deficiencies.
All proposed improvements are subject to the prior review and concurrence of the State
Historic Preservation Officer for compliance to the National Historic Preservation Act of
1966, as amended. Work Writ~-ups specifyin~ proposed repairs shall be submitted the
ci~s Office of Gran~s Compliance for coordination of the historic review process. No
costs shall be incurred or fimds obligated prior to receiving a satisfi~ory historic review
of the proposed work
Special Allocation: Gaimboro Preservation District & Enterprise Zone H
An allocation of $200,000 is s~t aside for six months, beginning.luly 1, 1996, to assist
properties located within the Gainsboro H-2 Preserv~on District and the new Enterprise
Zone II, located in northeast Roanoke. An allocation orS100,000 of HOME funding is
made to each area for six months. Funded for projects in these arens may exceed the
amount of this special allocation through the use of additional funds allocated to the
Consolidated Rehab Loan Program.
Ater the initial six month pmiod, the special allocation win expire and uncowmi~ed funds
may be used m assist projects located in any aren eligible for the ConsolidaIed Rehab Loan
Program, includin~ the Gainsboro Preservation Dimict or ~le northea~ Enterprise Zone.
Terms of the housing rehabilitation assimnce provided by tim special allocmion will
follow the ~ideiines for the Consolidated Rehab Loan Pro,rant
Lo~n Underwriflnro Loan Approwl & Appetl Process
The Operations Manual for the Urban Rehabilita~on Program, dated January 1995,
d~veloped by V'n'ginia's Department of Housin~ and Community Development (DHCD)
will provide the crheria for underwriting and loan approvsl. These guidelines are liberal
and provide fl~dbilky in assessin~ credit his~o~ and determi,~ng an appJicant*s ability to
repay the loan. The RRHA w~l review loan applications based on DHCD's criteria and
win make the dea~ninagon of approval or dmial of loan applicaiions.
Upon receipt of an applicant's written request to appeal the RRHA's decision, the loan
application will be reviewed by a loan appeal panel. The panel will include the RRHA
Rehabilitation Director and a represen'¢ative from the ci s Office of Caxuts Compliance
and ~om the HouSing Development Office. All available loan application information will
be available for r~-wiew and a loan may be approved by a majority decim'or~ The decision
reached by the loan appeal panel will be
VIL Funding Amounts
Consolidated Rehab Loan Program
HOME funds $300,000
CDBG funds $ 60,000
Historic Gainsboro Rehabilitation (six month allocation)
HOME funds $100,000
Enterprise Zone Rehabilitation (six month allocation)
HOME funds $100,000
Total program funding:
$560,000
Leverage of Program Funds
HOME funds allocated to the Consolidated Rchab Loan Program may be utilized to
provide the rr~,,,,,,n match required by lFu-ginia's Departmem of Ho,,~,~g and
Conummity Development (DHCD) for its Urban Rchabilii,~ion Program, ifDHCD
~u~dln~ is available during the activity yeer. The legging of local prolKam funds with
other affo~le financins is desirable to permit more projects to be assisted with the
limited program nnocatiom fflocal HOME funds arc provided to match DHCD financin~
the local HOME funds shall be secured as a deferred payment loan, forsiven 20% after
each,year ofr~idenoy by the applicant.
The target goals for use o£the $560,000 allocated to the Consolidated Rehab L°an
Program are to comm~ $150,000 for the renovation of' 10 substandard rmud .nits, to
commit $100,000 to rehabilitation costs to suPP°rt the purdme of 4 substandard
properties for owner-ocmpaa~, and to commit the r~,,i,,~,g $310,000 to the
rehabilitation of 18 owner-occupied properties. There is no assurance however, that these
Administration
The RRHA will be responm~ole for the ,d,~,~,vation of'the Consolidated Loan Program,
subject a contract to provide such services for the City ofRoanoke. Acfivl~m~ includin~
marketing and outrcach, application proccssin8, loan and grant underwritin8, loan closin~
rchab'ditation inspection, project planning and supervision, holding of deeds of trust and/or
IFant agreement for the HOME and CDBG funds and dispersing fimds will be carried out
by the RRHA.
Loan servicing will not be the resDons~ilitv of~
6
Loan Assumption & Subordination
Loans financed by the Consolidated Rehab Loan Program are not assumable to subsequent
buyers of the assisted property.
The Executive Director of the RRI-IA is ~ranted the authority to subordinate deech of trust
held in security of the HOME and CDBG funds under exceptional circumstances.
Acceptable repons for approving requests for subordination include situations where
emergency repairs nm,st be performed to keep the pwperty hah/table or in other
extraordinary c/rmmstances where subord/nation is believed to serve the best interests of
the conmunity.
Program Modification
These prolpam guidelines may be modified with the written concurrence of the City
Manager or Assistant City Manager and the RRHA Executive Director.
C :\WPWIN60\WPDOCS~C ONTRACT~96PROPO S\CONOUIDF. WPD
7
CONSOLIDATED REHAB LOAN PROGRAM
ELIGIBLE ACTIVITIES & FINANCING OPTIONS
Income Owner. Ocettpied Rehab Loans Purchase & Rehab Rental Rekab Loans
Very Low Income Elderly/Disabled All Other Applicants Ac. clUi~tion costs financed Loans up to $14,999/umt,
by others (private, (~ 5% annual interost,
Not Exceeding 50% . conventional. VHDA, with loan term up to 15
of AMI 1[2 Project Cost: (P,~ Loan :~/4 Proieet Cost: 0% etc.) years. Property owners
w/option to defer paymentLoan w/option to defer must agree to rent to Iow
until sale/transfer of property payment umil Rehabilitation costs and very Iow income
sale/transfer of financed as under the households at regulated
1/2 Project Cost: C_.,rant property terms for owner-occupied rates for five years.
- 11,4 Proiect Cost: Grant properties.
Low to Moderate 2% Loan 4% Loan
lncome
Not Exceeding 80%
of AMI
Over 80% AMI 4% CDBG Loan
Maximum term: 15 years
April 26, 1996/dmo
Attachment C
DOWN PAYMENT AND CLOSING COST ASSISTANC_~
19 9 6 - 9 7 PROGRA~ GUIDELINES
I. General
The purpose of the Down Payment and Closing Cost Assistance
Program (the Program) is to reduce the cash requirements upon
iow-moderate income first-time homebuyers in buying their homes,
and encourage purchase of homes within Conservation Areas and
Rehabilitation Districts. The assistance is provided in the fO~LL
of grants of HOME funds to the homebuyers. The Program will be
administered by the City of Roanoke Redevelopment and Housing
Authority (RRHA) on behalf of and under contract with the City of
Roanoke, using funds allocated to the Program by the City.
II.
Basic Eligibility
An eligible homebuyer's total household income must not
exceed 80% of the area median income, adjusted for
household size, as determined by the U. S. Department
of Housing and Urban Development (HUD).
Eligible properties must be either single family
houses, towrahouses, or condominiums within Conservation
Areas or Rehabilitation Districts within the City of
Roanoke, to be bought for fee simple ownership. In
addition, a reservation $21,000 of funds for six months
begining July 1, 1996, for properties sold through the
RRHA's HOP program will be made.
Eligible properties must meet minimum Housing Quality
Standards (HQS) as verified by either:
a) a private housing inspector, at buyer's expense; or
b) an FHA appraiser/inspector; or
c) an RRHA inspector·
Eligible properties must be vacant at the time of the
sales contract, or be occupied by the willing seller,
or occupied by the applicant household.
5. Eligible properties must not sell for more than the FHA
1
203b limit established by HUD, in accordance with HOME
requirements.
The Program grant will be provided in conjunction with any
public source of mortgage financing that accepts such grant of
assistance and the terms of it.
The terms and requirements of the grant are as follows:
1. Each grant may not exceed $3500.
The grant can be used to pay:
a) up to one-half of the down payment required for the
mortgage, and
b) normal closing costs and prepaid items.
The homebuyermust pay toward the closing on the
property the ~ of:
a) one-half of the down payment required for the
mortgage; or
b) one-half of the buyer's liquid assets, defined
below; or
c) Ssoo.
o
The homebuyer's liquid assets may not exceed $10,000.
Liquid assets include:
a) cash;
b) amounts in savings and checking accounts;
c) stocks, bonds, savings certificates, money market
funds, and other investment accounts;
d) cash value of trusts that are available to the
household;
e) lump sum receipts such as inheritances, capital
gains, lottery winnings, insurance settlements,
and other claims;
f) liquid assets which, although owned by more than
one person, allow unrestricted access by the
home. buyer.
o
The homebuyer must repay the grant funds if he/she
transfers the property during the "period of
2
affordability, to anyone else other than a low-moderate
income household that agrees to occupy the house and
continue with the terms of the Program grant for the
remainder of the "period of affordability", as defined
by the HOME regulations. Transfer is defined as any
conveyance of the property, whether by sale, lease,
gift, descent, devise, operation of law or otherwise,
other than the granting of a lien on the property as
security for a debt.
Homebuyers applying for the program must have completed
a homebuyer's education program determined by the RRHA
to adequately provide basic information regarding
homebuying, home ownership and maintenance.
The homebuyer receiving Down Payment and Closing Cost
Assistance, and any subsequent homebuyers accepting
terms of the Program, may not refinance the mortgage on
the property without the express written approval of
the RRHA.
The homebuyer and subsequent homebuyers must continue
to occupy the property throughout the period of
affordability. Continued compliance with this
requirement will be verified by the RRHA for the
duration of the contract, through recordation of the
grant agreement with the RRHA, and review of public
sources of information, or by other means expressly
approved by the City.
IV. Down Payment and Closing COst Assistance A_c~reement
The homebuyer will be required to execute a Down Payment and
Closing Cost Assistance agreement in favor of the RRHA at
closing. The agreement sets forth the terms of the grant of HOME
funds for Down Payment and Closing Cost Assistance, including the
requirement of occupancy, the restriction on transfer of the
property, and the restriction on refinancing of the mortgage, all
for the period of affordability. The agreement will provide for
repayment of the granted assistance, if the conditions of the
agreement are not satisfied· This agreement will be recorded
with the property deed at the time of closing. Both the
homebuyer and any subsequent low-moderate income homebuyers must
3
execute an Agreement of Assignment to avoid repayment.
(dpcc.96-97)
4
Mary F. Parker, CMC/AAE
cay Ck~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy C~y C~rk
August 9, 1996
File #72-178-200-236-450-488
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33063-080596 authorizing execution of an
agreement with the Roanoke Redevelopment and Housing Authority for services related
to the administration of Community Development Block Grant funds for fiscal year
1996-1997, in the amount of $1,036,925.00 in CDBG funds, upon certain terms and
conditions as more particularly set forth in a report of the City Manager under date of
August 5, 1996. Resolution No. 33063-080596 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, August 5, 1996.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
H:~,~.GENDA~.UGUST. 5
W. Robert Herbert
City Manager
August9,1996
Page 2
pc:
Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority,
2624 Salem Turnpike, N. W., Roanoke, Virginia 24017
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Glenn D. Radcliffe, Director, Human Resources
William F. Clark, Director, Public Works
Ronald H. Miller, Building Commissioner
H. Daniel Pollock, Housing Development Coordinator
Vickie S. Tregubov, Grants Compliance Monitor
John R. Marlles, Chief, Planning and Community Development
Mariam K. Alam, Neighborhood Partnership Coordinator
Phillip F. Sparks, Chief, Economic Development
H:~AGENDA~UGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33063-080596.
A RESOLUTION authorizing the execution of an agreement with
the Roanoke Redevelopment and Housing Authority for services
related to the administration of Community Development Block Grant
(CDBG) funds for FY 199~-1997.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, an agreement, and any necessary
amendments thereto, if necessary, within the limits of funds set
forth in this report for the purposes specified herein, with the
Roanoke Redevelopment and Housing Authority for services related to
the administration of Community Development Block Grant funds for
FY 1996-1997 as more particularly set forth in the City Manager's
report and attachment dated August 5, 1996.
2. Such agreement shall be in the amount of $1,036,925.00 in
CDBG funds, and upon such terms and conditions as deemed necessary
by the City Manager and as set forth in the City Manager's report
dated August 5, 1996.
3. The form of said agreement, and any necessary amendments
thereto, shall be approved by the City Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
August 5,1996
96-27
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Community Development Block Grant (CDBG) Subrecipient
Agreement with the Roanoke Redevelopment and Housing
Authority
II.
Background:
City Council authorized funds for the administration and program support of
activities to be implemented by the Roanoke Redevelopment and Housing
Authority as part of the CDBG and HOME applications included in the
Consolidated Plan submission to the Department of Housing and Urban
Development (HUD) for FY 1996-97 on May 13, 1996 by Resolution No.32939-
051396.
B. HUD approved the City's Consolidated Plan by letter dated July 12,1996.
City Council authorized the acceptance of the 1996-97 CDBG Entitlement and
Appropriation of Funds for the CDBG Activities on July 1, 1996 by adopting
Budget Ordinance No. 33022-070196.
Do
Roanoke Redevelopment and Housing Authority (RRHA) historically has
administered certain portions of CDBG and Housing Investment Partnership
Program (HOME) activities for the City, including housing rehabilitation and
economic development activities.
Current Situation:
CDBG funds budgeted for RRHA's services in FY 96-97 total $375.452 for
administration and support of ten (10) HOME and CDBG - funded programs.
Bo
Project funds to be administered by RRHA, and covered by this Agreement. total
$661.473 in CDBG funds. CDBG project support costs will also provide for the
Honorable Mayor and Members of City Council
August 5, 1996
Page 2
III.
IV.
delivery of $645~958 in HOME projects discussed more fully under Council
Report 96-25.
C. Administrative Agreement between the City and the RRHA is necessary before
the RRHA can receive payment for administrative activities regarding HOME and
CDBG-funded or assisted programs.
Issues:
A. Cost to the City
B. Funding
C. Administrative Capability
D. Timing
E. Consistency with the Consolidated Plan
Alternatives:
A. Authorize the City. Manager or the Assistant City Manager to execute and the City.
Clerk to attest a 1996-1997 CDBG Agreement with the RRHA (similar in form
and content to Attachment A) and any amendments thereto, if necessary,
approved as to form by the City Attorney, within the limits of funds set forth in
this report for the purposes specified herein.
1. Cost to the City will be $1,036,925 in CDBG fimds.
2. Funding is available in CDBG accounts listed in Attachment A of the
Agreement.
3. Administrative capability, to perform the services specified is possessed by
the RRHA. The RRHA is experienced in and knowledgeable of the
activities specified, having performed similar responsibilities in previous
years.
Honorable Mayor and Members of City Council
August 5, 1996
Page 3
Timing is important since previous contract expired on June 30, 1996, and
several programs are ongoing and should be continued.
o
Consistency with the Consolidated Plan will occur. RRHA will
implement many of the housing, economic development, and community
development activities that are identified in the Consolidated Plan.
Do not authorize the City Manager or the Assistant City Manager to execute and
the City Clerk to attest a CDBG 1996-1997 Agreement with the RRHA (similar
in form and content to Attachment A) and any amendments thereto, if necessary,
approved as to form by the City Attorney, within the limits of funds set forth in
this report for the purposes specified herein.
Cost to the City would depend on the cost of performing the activities
directly with existing and additional City staff, or of contracting for
services from other agents.
Funding for administration and projects would continue to be available in
CDBG accounts.
Administrative capability to perform the various activities is available in
some cases with existing City staff. However, other capability would have
to be obtained by hiring additional CDBG-funded staff and/or contracting
with private agencies. Some projects may be limited without the RRHA's
redevelopment and acquisition authority.
Timing would delay the implementation of many program activities, until
necessary staff could be hired and trained or until other arrangements
could be made.
o
Consistency with the Consolidated Plan will not occur. RRHA has been
identified in the Consolidated Plan as the entity which will implement the
housing, economic development, and community development activities
that are included in the attached agreement.
V. Recommendation:
It is recommended that City_ Council concur in Alternative A and authorize the City
Honorable Mayor and Members of City Council
August 5, 1996
Page 4
Manager or the Assistant City Manager to execute and the City Clerk to attest a
1996-1997 CDBG Agreement with the Roanoke Redevelopment and Housing Authority
(similar in form and content to Attachment A) and amendments thereto, if necessary,
approved as to form by the City Attorney within the limits of funds set forth in this report
for the purposes specified herein.
Respectfully submitted,
Herbert
City Manager
WRH/LSS
Attachments
CC:
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Development
Chief of Economic Development & Grants
Chief of Community Planning
Budget Administrator
Housing Development Coordinator
Office of Grants Compliance
Neighborhood Partnership Coordinator
Executive Director, Roanoke Redevelopment & Housing Authority
AGREEMENT
THIS AGREEMENT is made and entered into this __ day of
the following parties:
ATTACHMENT A
Agreement page 1
1996, by and between
the Grantee
City of Roanoke
215 Church Avenue S.W.
Roanoke, Virginia 24011
and the Subgrantee
City of Roanoke Redevelopment
and Housing Authority
2624 Salem Turnpike, N.W.
Roanoke, Virginia 24017
1996
WHEREAS, the Roanoke City Council approved by Resolution No. 33022-070196 on July 1,
the FY 1996-97 Community Development Block Grant (CDBG) program, and by Ordinance No.
appropriated funds therefore; and
WHEREAS, the Roanoke City Council on reviewed and approved by Resolution No.
the execution of a subgrant agreement between the City of Roanoke ("the Grantee") and the
Roanoke Redevelopment and Housing Authority ("the Subgrantee"); and
WHEREAS, the City of Roanoke Redevelopment and Housing Authority Board of
Commissioners on has reviewed and approved by Resolution No. the execution of
this subgrant agreement; and
WHEREAS, the Roanoke Redevelopment and Housing Authority is experienced in providing
services to and on behalf of citizens of low and moderate income;
NOW, THEREFORE, the Grantee and the Subgrantee mutually agree as follows:
The Subgrantee shall implement certain projects and activities as set forth in Part I of the Terms
and Conditions of the Agreement.
II.
The Grantee shall compensate the Subgrantee as set forth in Part II of the Terms and Conditions
of the Agreement.
ATTACHMENT A
Agreement page 2
TERMS AND CONDITIONS OF AGREEMENT
Part I - Scope of Services:
The Subgrantee shall, in a satisfactory and proper manner, as determined by the Grantee, and within the
scope of the 1996-97 Grant Programs Funds Appropriations for CDBG provided for the services
included herein and approved by the Roanoke City Council, perform the following tasks:
A. Housing Programs:
Quick Response to Emergencies - The Subgrantee shall administer the Quick Response to
Emergencies Program in accordance with the attached guidelines. Essentially, the Quick
Response to Emergencies Program consists of limited grants of CDBG funds to low and very
low income homeowners to repair or replace seriously substandard components of the owner's
home. The total of all such grants to be made in Fiscal Year 1996-97 shall not exceed
$40,000 of CDBG funds. Program delivery costs for this program, including salaries shall
not exceed $10,500 Total program cost is $50,500.
Critical Assistance Repair for the Elderly (C.A.R.E.) -The Subgrantee shall administer a
program consisting of grants of CDBG funds to low to moderate income elderly homeowners
for non-cosmetic home repairs in accordance with the attached guidelines. The total of all
such grants to be made in Fiscal Year 1996-97 shall not exceed $108.000 of CDBG funds.
Program delivery costs for this program, including salaries shall not exceed $24,500. Total
program cost is $132.500.
Operation Paintbrush - The Subgrantee shall administer an exterior home painting, siding, and
minor repair program in accordance with the attached guidelines, using funds made available
by the Grantee. The general purpose of Operation Paintbrush is to make a strong visual
statement about the viability of the neighborhood by dramatically improving a selected area
through improving the exterior of homes: The Subgrantee shall procure contractors to paint,
repair or re-side the homes according to standard procurement procedures. The Subgrantee
shall comply with all applicable HUD regulations concerning lead-based paint. The total of all
such grants to be made in Fiscal Year 1996-97 shall not exceed $40,248 of CDBG funds.
Program delivery costs, including salaries, shall not exceed $9.500 for a total program cost of
$49,748.
Consolidated Rehabilitation Loan Program- The Subgrantee shall administer a rehabilitation
program in accordance with the attached guidelines, using funds made available by the
Grantee. The total of all such CDBG grants and loans to be made in Fiscal Year 1996-97
shall not exceed $80,000. Funds available for support costs shall not exceed $28.378 for a
total program cost of $108,378.
ATTACHMENT A
Agreement page 3
B. Gainsboro Conservation/Redevelopment Plan:
The Subgrantee shall continue to implement the Gainsboro Conservation/Redevelopment Plan
(Amendment No. 4), coordinating its activities with the Grantee by accomplishing the following
projects:
Gainsboro Professional Park - As part of the Gainsboro Conservation/Redevelopment Plan,
the Grantee shall advertise and work with an architect who will prepare specifications for the
rehabilitation of the property located at 124 Wells Ave. to be used as a small business
incubator. Once the design specifications are prepared and provided to the Subgrantee by the
Grantee, the Subgrantee shall prepare bid specifications and advertize within 45 days. CDBG
funds will be used to pay for the actual rehabilitation of the property. The Subgrantee will
handle procurement and entire contract administration of the rehabilitation. The Subgrantee
will notify the Grantee within three days upon completion of the rehabilitation. The Grantee
will decide on the eventual ownership and management of the facility. Within 30 days of
completion of the rehabilitation, the Grantee will notify the Subgrantee as to what entity the
property is to be transferred to. The Subgrantee will transfer the property to the identified
entity within thirty days of notification. The Subgrantee shall insure and maintain the property
during the time period of this agreement or tmtil property is transferred to another entity.
CDBG funds available for this project total $165.035. Program delivery costs for this activity
shall not exceed $20,000. Total program costs is $185,035.
Henry. Street Improvements - The Subgrantee shall assist the Grantee in the performance of
certain tasks associated with Henry Street Improvements. These tasks include the following
activities:
Oversee the operation of two (2) parking lots on Centre Avenue and First Street in the
"Henry Street" redevelopment area.
bo
Work jointly with the Grantee, under the sponsorship of the Henry Street Revival
Committee, in the public involvement process to obtain input on the draft Henry Street
Plan. This includes the attendance at Henry Street meetings, the planning meetings for
public workshops and attend the public workshops concerning this project.
After the public involvement process is completed and the Land Use Plan for Henry
Street is approved by City Council and specific work activities are agreed upon by the
Grantee and the Subgrantee; the Subgrantee, upon notice to proceed, shall implement
the agreed upon work activities, conditions to be more fully outlined in a written
agreement. CDBG funds available to implement Henry Street public improvements
under this agreement shall not exceed $140,190. Program delivery costs shall not
exceed $9,500. Total program cost for this activity is $149,690.
ATTACHMENT A
Agreement page 4
Property_ Maintenance - Subgrantee shall mow and provide the necessary maintenance for
properties purchased with CDBG funds which have been approved as CDBG eligible by the
Grantee. Property maintenance costs must be identified and billed per each individual
address. Program delivery costs shall not exceed $10.000.
Gainsboro Land Use Plan 96/97 - Upon written notice to proceed from the Grantee to the
Subgrantee, and upon subsequent approval by the Subgrantee's Board of Commissioners, the
Subgrantee shall conduct, subject to the consent of the owner, an environmental assessment
of the property identified as B-23, P-l-Tax No. 2011901 and an appraisal of the same to
determine the fair market value of the subject property. Said appraisal shall take into account
the results of the environmental assessment. Funds available for this activity shall not exceed
$40,000, and program delivery costs, including salaries, shall not exceed $7,000. The total
program cost shall be $47,000. The Subgrantee shall conduct these appraisals and
assessments in accordance with all applicable regulations, including the CDBG Acquisition
and Relocation regulations, and shall provide the results of the environmental assessment and
appraisal to the Grantee.
Under no circumstances shall the appropriation or expenditure of funds for this activity bind
either the Subgrantee or the Grantee to purchase the subject property.
C. Commercial/Industrial Development:
Deanwood Industrial Park - consists of a five (5) acre tract fronting on Orange Avenue and
Plantation Road, N.E. and a six (6) acre tract located at Hollins Rd., N.E. The Grantee shall
provide limited site development and marketing of the properties, and the Subgrantee will
relocate the signage if needed for further development of the property. The Subgrantee will
mow and maintain the properties. The Subgrantee shall coordinate the Phase II
Environmental Report needed for site development and conduct the real estate closings as
needed throughout the terms of the agreement. CDBG funds available for this purpose total
$30,000. Program delivery costs, including salaries shall not exceed $6.000. Total program
cost is $36,000. All expenses related to Deanwood property, disposition, site
clearance/improvements, and maintenance, shall be charged directly to the Deanwood account
and not to the Subgrantee's general program administration.
Shaffers Crossing Phase I - The Subgrantee shall continue to assist the Grantee with the
completion of the redevelopment designated as the Shaffers Crossing Redevelopment area,
during the term of this Agreement. The Grantee will provide marketing and infrastructure
improvements which will include the relocation of the storm drain that runs down the center
of the larger of the two remaining tracts that needs to be sold and the purchase and installation
of new manholes. The Subgrantee will mow and maintain the properties. The Subgrantee
ATTACHMENT A
Agreement page 5
shall conduct the real estate closings as needed throughout the terms of the agreement. Funds
available for this activity shall not exceed $8.000. Program delivery costs, including salaries
shall not exceed $5,000 Total program cost is $13.000. All expenses related to Shaffers
Crossing property acquisition, disposition, site clearance/improvements, maintenance,
engineering and plan development shall be charged directly to the Shaffers Crossing Phase I
account.
Property Disposition - The Subgrantee shall continue to assist in the sale of parcels available
in all Redevelopment Areas, including the Kimball, Downtown East, Deanwood, Shaffers
Crossing and Gainsboro areas. All contacts with potential developers shall be coordinated
between the Grantee's Chief of Economic Development and the Subgrantee's Office of
Development. Each of these parties or representatives shall be afforded the oppommity to be
present at any showing of any available site by either the Grantee or the Subgrantee.
Negotiations incidental to land sales will also be coordinated between the aforementioned
parties. Expenses related to land disposition shall be charged directly to the affected program
account.
HOME - Program Support:
The Subgrantee shall be responsible for providing staff support and program delivery for
HOME Investment Partnership Programs implemented by the Subgrantee under separate
agreement with the Grantee. Funds available to the Subgrantee for the support costs for the
Consolidated Rehabilitation Loan Program shall not exceed $174.000 of which $37.000
may be used to support the Historic Gainsboro Rehabilitation set-aside program and
$37,000 may be used to support the Enterprise Zone Rehabilitation set-aside program.
Funds available for support costs for the Down Payment and Closing Cost program shall
not exceed $31,500. Funds available for support costs for the Gainsboro Lot Acquisition
and Homeownership Initiative program shall not exceed $15,000. Programs should be
conducted according to guidelines included in the HOME Agreement.
Total CDBG funds for HOME program support is 220,500.
E. General Administration:
Funds available to the Subgrantee for administrative costs shall not exceed $34,574. The
Subgrantee shall perform administrative support of activities listed in the Scope of Services.
Additionally, the Subgrantee shall provide the following:
Lead-Based Paint Analyzer - The Subgrantee shall store, test, and maintain the Lead -Based
Paint Analyzer and submit the required documentation to the State. CDBG funds for the
maintenance and testing of this equipment are included in the general administration account.
ATTACHMENT A
Agreement page 6
Relocation Assistance and Counseling - The Subgrantee shall assume responsibility for the
relocation assistance and guidance to be provided to residents and businesses displaced
by community development projects and activities of the Grantee specific to this agreement,
in accordance with HUD regulations and guidelines, subject to time and availability of funds.
General Administration of Community Development/Economic Development Activities --
Prior Years Activities - The Subgrantee shall continue to service outstanding loans, forgivable
and/or deferred payment loans, grants, etc., made in previous years as appropriate and in
accordance with guidelines of the specific programs, subject to the time and availability of
funds. Such programs include: the Private Rehab Loan Program, Rental Rehab, Neighborhood
Stabilization and Enhancement Program, Section 312, and Down Payment and Closing Cost
Assistance Program, and local CDBG loans.
The Subgrantee shall provide counseling to parties delinquent in their repayments in a
reasonable effort to avoid foreclosure under the loan programs referenced in this part.
However, where delinquencies persist, the Subgrantee shall institute appropriate collection
procedures including foreclosures.
The Subgrantee shall maintain and protect properties on which it has foreclosed, and in
consultation with the Grantee, shall arrange for resale, assumption of loan, or other
disposition of the property.
Community Interaction:
The Subgrantee shall assist the Grantee in the performance of certain basic
community-oriented tasks which include the following:
a. Planning, organizing and implementing neighborhood meetings.
Development and distribution of materials necessary to inform the public regarding
neighborhood revitalization activities performed by the Subgrantee pursuant to this
contract.
Planning, organization and implementation of the Consolidated Plan public workshops
and/or hearings incidental to the Grantee's annual application process.
.Redevelopment Plans - Preparation and Amendment - In conjunction with the City's Office of
Planning and Community Development, the Subgrantee shall produce and amend as needed
Redevelopment Plans for areas within the City.
o
ATTACHMENT A
Agreement page 7
Property Maintenance - The Subgrantee shall be responsible for the upkeep and maintenance
of all properties acquired by the Subgrantee as a result of CDBG activities. The cost of these
activities shall be charged directly to applicable program accounts or to the property
maintenance account and not to the Subgrantee's general program administration account. All
equipment purchases, as part of this activity, must receive prior approval of the Grantee.
Return of Debt Service Reserve Funds from the Single Family Mortgage Loan Program - the
Subgrantee shall report outstanding principal balances of loans made under the Single
Family Mortgage Loan Program and remm excess debt service reserve funds from the related
mortgage revenue bonds dated 1981, 1982, 1983, 1984, 1985, 1987, 1988, 1989, 1990, and
1992. Excess debt service reserve funds shall be submitted to the Grantee prior to September
30, 1996.
Program Coordination: Appropriate staff of the Subgrantee shall meet and consult regularly
and as needed as determined by either party, with appropriate staff of the Grantee. Such staff
of the Grantee may include, but are not limited to, the City Manager, Assistant City Manager,
Director of Public Works, Building Commissioner, Chief of Community Planning, Housing
Development Coordinator, Chief of Economic Development, and Office of Grants
Compliance Grants Monitors. The intent of such meetings and consultations shall be to
facilitate the efficient and effective implementation of program services listed above, and
consider the need for and planning of other activities of the Grantee, Subgrantee, or both,
consistent with the general purpose of community development and neighborhood
revitalization.
Modification of Program Guidelines: Approved program guidelines may be modified with
the approval of the Grantee's City Manager or Assistant City manager in consultation with
the Housing Development Coordinator and the Office of Grants Compliance, and the
Subgrantee's Executive Director or designee. (Note: Guidelines shall not be modified
administratively when the result would be to add or delete program activities or otherwise
fundamentally alter the nature or intent of any program activity.)
PART II - COMPENSATION AND METHOD OF PAYMENT:
Program Funds:
CDBG funds, as detailed in Attachment A, shall be made available to the Subgrantee for program
activities.
ATTACHMENT A
Agreement page 8
B. Program Income:
Program income from any and all sources, including interest earned by the program income itself,
shall be submitted to the Grantee on a monthly basis.
C. Limits of Funding Sources:
The total payments, from all sources, to the Subgrantee for program support and general
administration of the identified program activities shall not exceed $375,452 for the 1996-97
program year, unless increased by amendment to this agreement.
D. Disbursement Procedures:
The Subgrantee shall file the necessary papers with the Director of Finance ten (10) working days
prior to the date that actual disbursements are needed. Cash advances shall be reasonably
estimated and itemized; therefore, excess advances will not be allowed. Cash advances will be
recorded as Accounts Receivable due from the Subgrantee. Funds should be disbursed by the
Subgrantee within ten (10) days of receipt. The Subgrantee shall submit, by the fifth working day
of each month, a monthly report to the Director of Finance and a copy to the Office of Grants
Compliance, indicating the actual expenditures incurred against all cash advances not previously
reported to the Director of Finance. Expenditures reported will be deducted from the Accounts
Receivable balance due from the Subgrantee. The Subgrantee also shall submit time allocation
reports in a form acceptable to the Grantee. No additional cash advances shall be made to the
Subgrantee until these reports are submitted. Monthly financial status reports issued by the
Director of Finance shall be reviewed by the Subgrantee and any discrepancies reported in writing
within ten (10) working days of receipt of said report. Approval of reimbursement requests will be
subject to timely receipt of the monthly reports as detailed here and in Paragraph IV. B of this
Agreement. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the
Subgrantee submits a reimbursement request sixty (60) calendar days after the contract expiration
date.
E. Annual Audit and Monitoring:
The Subgrantee shall provide for an independent audit of all CDBG expenditures in accordance
with Circular A-128 for the contract period covered by this Agreement as set forth in Part IV,
Section A. Two copies of said audit report shall be furnished to the Grantee within 30 days after
completion of the audit. In addition, it is the intention of the Grantee to perform quarterly
monitoring visits to verify the Subgrantee's performance from a financial and compliance auditing
perspective during the contract period covered by this Agreement.
ATTACHMENT A
Agreement page 9
PART III - GRANTEE RESPONSIBILITIES:
A. General Guidance:
The Grantee's Office of Grants Compliance shall provide general guidance and direction to the
Subgrantee concerning the intent and operation of programs developed by the Grantee to be
administered by the Subgrantee under this Agreement. Additionally, other parties and/or
departments as listed under Part I, Item E-9 of this contract may provide specific guidance and
direction on an as needed basis.
Reports prepared by the Grantee's staff for presentation to City Council relating to matters covered
by this Agreement shall be provided to the Subgrantee for review and comment ten (10) working
days before the day of the Council meeting.
B. Existing Data:
The Grantee shall make available existing reports, maps, records or other existing data that may
assist the Subgrantee's performance of services covered under this Agreement.
C. Project Planning:
Within a Redevelopment Area, public improvements, such as streets, curb and gutter, public
utilities, etc., unless otherwise approved by the Grantee, shall be the responsibility of the Grantee.
Copies of the project plans may be obtained by the Subgrantee upon request to the Grantee's City
Engineer.
D. Non-Personnel Costs - Program Development:
Expenses relating to the development and implementation of a new program or the continuation of
an existing program not contained in Part I of this Agreement may be reimbursed by the Grantee.
Said expense shall not be incurred by the Subgrantee without written approval of the Grantee.
PART IV - PERFORMANCE AND RECORD KEEPING:
A. Time Period:
The Subgrantee shall commence the provision of the services described in Part I of this Agreement
as of July 1, 1996, and continue through June 30, 1997. Reporting requirements and annual audit
shall cover the full program year period from July 1, 1996, through June 30, 1997.
ATTACHMENT A
Agreement page 10
B. Reporting Requirements:
The Subgrantee shall report quarterly, by the fifteenth (15) working day of October 1996, January
1997, April 1997, and July, 1997, the progress of each activity covered by this Agreement, using a
reporting format acceptable to the Grantee's Office of Grants Compliance. Such quarterly reports
shall include, but not be limited to the following:
List of gross program income receipts from all sources and itemized disposition
expenses on a quarterly basis.
List of property purchased with CDBG funds and titled to the Subgrantee with
quarterly updates.
In accordance with a cost allocation plan acceptable to HUD, the Subgrantee agrees to
submit reports of the proration of time that staff is allocated to each activity covered
under this Agreement.
The Subgrantee agrees to submit any other reports as requested by the Grantee concerning activities
covered under this agreement.
C. Retention of Records:
All records pertaining to this Agreement and the services performed pursuant to it, shall be
retained for a period of three (3) years after the expiration date of this Agreement.
Appropriate City and/or HUD personnel shall have free access to those records during the
Agreement duration and the following three-year period.
PART V - THIRD PARTY CONTRACTS AND BIDS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
However, upon the request of the City Manager, all bid documents, contracts, contract amendments and
change orders between the Subgrantee and a third party which relate to construction or consultant
services to be performed by the Subgrantee concerning Part I, Section B of this contract shall be
approved by the Grantee prior to execution. The Grantee shall complete its review of documents
furnished by the Subgrantee within ten (10) working days of their receipt.
PART VI - PERSONNEL:
The Subgrantee represents that it has, or will secure (limited to the funds provided under this
Agreement) all personnel required in performing the services under this Agreement. Such employees
shall not be employees of or have any contractual relationship with the Grantee. All of the services
ATTACHMENT A
Agreement page 11
required hereunder will be performed by the Subgrantee or under its supervision, and all personnel
engaged in the work shall be fully qualified to perform such services.
PART VII - UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment
B_B_, those described in 24 CFR 570.502, and all other applicable CDBG and federal regulations relating
to specific programs performed hereunder. All proposals for CDBG-assisted rehabilitation in the City
will be submitted to the Grantee's Office of Grants Compliance for determination of the structure's
eligibility for inclusion on the National Register of Historic Places. If property is historically eligible,
all project plans and specifications will be submitted to the Grantee's Office of Grants Compliance for
review as to compliance with Section 106 of the National Historic Preservation Act.
PART VIII - CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to
participate in a decision-making process or gain inside information with regard to any CDBG activities,
may obtain a personal or financial interest in or benefit from any of the activities, or have an interest in
any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for
themselves, their family or business associates, during their tenure or for one (1) year thereafter.
PART IX - INDEMNITY PROVISION:
Each of the parties hereto agrees to indemnify and hold harmless the other parties, their officers,
agents and employees, from any and all claims, legal actions and judgments and expenses resulting
therefrom, arising out of each party's intentional or negligent acts or omissions with respect to the
duties, rights and privileges granted in or arising under this Agreement. In the event that the parties
are jointly or concurrently negligent, each party shall indemnify and hold harmless the other party to
the extent of its own negligence.
PART X - ENTIRE AGREEMENT:
This Agreement, including all of its Exhibits, represents the entire agreement between the parties
and this Agreement shall not be modified, amended, altered or changed, except by written
agreement executed by the parties.
PART XI - TERMINATION OF AGREEMENT FOR CAUSE:
If either party to this Agreement should fail to fulfill in a timely and proper manner its obligations
under this Agreement, either party shall thereupon have the right to terminate this agreement by
giving thirty (30) calendar days written notice of such termination to the affected party and
specifying the effective date thereof.
ATTACHMENT A
Agreement page 12
Community Development Block Grant funding to be made available by the City of Roanoke under
this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that
sufficient funds are not appropriated, at the sole discretion of the City of Roanoke, this Agreement
may be terminated in whole or in part.
PART XII - REVERSION OF ASSETS:
Upon expiration or termination of this Agreement, the Subgrantee shall transfer to the Grantee any
CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of
CDBG funds. Any real property under the Subgrantee's control that was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 shall either (1) be used to meet one of the
national objectives in 24 CFR 570.208 until five years after expiration of this Agreement; or (2) be
disposed of in a manner which results in the Grantee being reimbursed in the amount of the current
fair market value of the property less any portion thereof attributable to expenditures of non- CDBG
funds for acquisition of, or improvement to, the property. Such reimbursement is not required after
the period of time specified in accordance with the above.
PART XIII - GOVERNING LAW:
This Agreement shall be governed by laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this
Agreement as of the date first written above.
ATTEST:
City of Roanoke, Virginia (Grantee)
Mary F. Parker, City Clerk
City Manager\Assistant City Manager
ATTEST:
City of Roanoke Redevelopment and
Housing Authority (Subgrantee)
Neva J. Smith
Executive Director
APPROVED AS TO CDBG ELIGIBILITY
ATTACHMENT A
Agreement page 13
APPROVED AS TO FORM
Office of Grants Compliance
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROVED AS TO FUNDS
AVAILABLE
Assistant City Attorney
Director of Finance
ATTACHMENTS
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C -
RRHA CDBG Project Accounts - FY 1996 - 1997
Required Federal Regulations
Housing Program Guidelines
AGREEMENT
ATTACHMENT A
Program Account Number Project Admin/Support Total CDBG
funds
Quick Response 035-097-9720-5203 $ 40,000
to Emergencies 035-097-9710-5076 $ 10,500 $ 50,500
Critical 035-097-9720-5003 $ 90,000
Assistance for 035-095-9520-5003 $ 18,000
Elderly 035-097-9710-5002 $ 24,500 $ 132,500
Operation 035-097-9737-5102 $ 36,881
Paintbrush 035-095-9537-5102 $ 3,367
035-097-9710-5048 $ 9,500 $. 49,748
Consolidated 035-097-9720-5112 $ 80,000
Rehab Program 035-097-9710-5042 $ 28,378 $ 108,378
(CDBG)
Gainsboro Prof
Park 035-0949420-5011 41,111
035-094-9430-5011 123,924
035-097-9710-5007 $ 20,000 $ 185,035
Henry Street 035-0094-9437-5151 $ 55,720
Improvements 035-097-9737-5151 $ 4,470
035-095-9537-5151 $ 80,000
035-097-9710-5046 $ 9,500 $ 149,690
Property 035-094-9420-5352 $ 4,273
Maintenance 035-095-9520-5352 $ 5,727 $ 10,000
Gainsboro Land 035-094-9437-5353 $ 40,000
Use Plan 96/97 035-097-9710-5016 $ 7,000 $ 47,000
Deanwood 035-094-9430-5020 $ 30,000
Industrial Park 035-097-9710-5001 $ 6,000 $ 36,000
Shaffers Crossing 035-095-9530-5145 $ 8,000
Phase I 035-097-9710-5047 $ 5,000 $ 13,000
Consolidated (HOME
Rehab Program 035-097-9710-5070 funds) $100,000 $ 100,000
Historic (HOME
Gainsboro Rehab 035-097-9710-5041 funds) $ 37,000 $ 37,000
Enterprise Zone (HOME
Rehab 035-097-9710-5040 funds) $ 37,000 $ 37,000
Down Payment/ (HOME
Closing Costs 035-O97-9710-5331 funds) $ 31,500 $ 31,500
Gainsboro Lot (HOME
Aquisition 035-097-9710-5332 funds) $ 15,000 $ 15,000
General Admin 035-097-9710-5035 N/A $ 34,574 $ 34,574
Totals 9661,473 9375,452 $1,036,925
ATTACHMENT B
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
"Section 3" Compliance in the Provision of Training. Employment and Business
mo
The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires
that to the greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work in connection
with the project be awarded to business com:erns which are located in, or owned in
substantial part by persons residing in the area of the project.
Bo
The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135, and all applicable roles and orders of the
Department issued thereunder prior to the execution of this contract. The parties to
this contract certify and agree that they are under no contractual or other disability
which would prevent them from complying with these requirements.
The contractor will send to each labor organization or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
if any, a notice advising the said labor organization or workers' representative of his
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or
training.
The contractor will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where it has notice or knowledge that the
latter has been found in violation of regulations under 24 CFR
part 135 and will not let any subcontract unless the subcontractor has first provided
it with a preliminary statement of ability to comply with the requirements of these
regulations.
ATTACHMENT B
Eo
Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and orders of the Department issued hereunder prior to
the execution of the contract, shall be a condition of the federal financial assistance
provided to the project, binding upon the applicant or recipient for such assistance,
its successor and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part
135.
Equal Employment Opportunity_: Contracts subject to Executive Order 11246, ~
amended: Such contracts shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Contractor shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defmed in said regulations,
which is paid for in whole or in part with assistance provided under this Agreement, the
following equal opportunity clause: "During the performance of this contract, the contractor
agrees as follows:
Ao
The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The contractor
will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places available to employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
Co
The contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice
to be provided by the Contract Compliance Officer advising the said labor union or
workers' repre~ntatives of the contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
2
ATTACHMENT B
for employment.
Do
The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the Secretary
of Labor.
go
The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records
and accounts by the Department and the Secretary of Labor for purposes of
investigation to ascertain compliance with such roles, regulations and orders.
Fo
In the event of the contractors noncompliance with the nondiscrimination clauses of
this contract or with any of such roles, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the contractor may be
declared ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246 of September
24, 1965, or by role, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
Go
The contractor will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract
or purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order
as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance; provided, however, that in the event a contractor
becomes involved in or is threatened with litigation with a subcontractor or vendor
as a result of such direction by the Department, the contractor may request the United
States to enter into such litigation to protect the interest of the United States."
The Contractor further agrees that it will be bound by the above equal opportunity clause
with respect to its own employment practices when it participates in Federally-assisted
construction work; provided, that if the Contractor so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract. The Contractor agrees that it will assist and cooperate actively with the
Depmtax~ent and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the Department and the Secretary of
Labor such compliance; and that it will otherwise assist the Department in the discharge of
3
ATTACHMENT B
its primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for Government contracts and
Federally-assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the Department or the Secretary of Labor pursuant
to Part II, Subpart D, of the Executive Order. In addition, the Contractor agrees that if it fails
or refuses to comply with these undertakings, the Department may take any or all of the
following actions: cancel, terminate or suspend in whole or in part the grant or loan
guarantee; refrain from extending any further assistance to the Contractor under the Program
with respect to which the failure or refusal occurred until satisfactory assurance of future
compliance has been received from such Contractor; and refer the cause to the DeparUnent
of Justice for appropriate legal proceedings.
Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is
subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and
HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the
sale, 'lease or other transfer of land acquired, cleared or improved with assistance provided
under this Agreement, the Contractor shall cause or require a covenant running with the land
to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis
or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of
occupancy of such land or any improvements erected or to be erected thereon, and providing
that the Contractor and the United States are beneficiaries of and entitled to enforce such
covenant. The Contractor, in undertaking its obligation in carrying out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant and will
not itself so discriminate.
Obligations of Contractor with Resnect to Certain Third-party Relationships: The
Contractor shall remain fully obligated under the provisions of the Agreement,
notwithstanding its designation of any third party or parties for the undertaking of all or any
part of the program with respect to which assistance is being provided under this Agreement
to the Contractor. Any Contractor which is not the Applicant shall comply with all lawful
requirements of the Applicant necessary to insure that the program, with respect to which
assistance is being provided under this Agreement to the Contractor is carried out in
accordance with the Applicant's Assurances and certifications, including those with respect
to the assumption of environmental responsibilities of the Applicant under Section 104(h)
of the Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the Congress of the
United States, and no Resident Commissioner, shall be admitted to any share or part of this
4
ATTACHMENT B
o
10.
Agreement or to any benefit to arise from the same.
Interest of Members. Officers or Employees of Contractor. Members of Local
Government Body. or Other Public Officials: No member, officer or employee of the
Contractor, or its designees or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure, or
for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with the
program assisted under the Agreement. The Contractor shall incorporate, or cause to be
incorporated, in all such contracts or subcontracts a provision prohibiting such interest
pursuant to the purposes of this section.
Prohibition Against Payments of Bonus or Commission: The assistance provided under
this Agreement shall not be used in the payment of any bonus or commission for the purpose
of obtaining HUD approval of the application for such assistance, or HUD approval or
applications for additional assistance, or any other approval or concurrence of HUD required
under this Agreement, Title I of the Housing and Community Development Act of 1974, or
HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide
technical, consultant, managerial or other such services, other than actual solicitation, are not
hereby prohibited if otherwise eligible as program costs.
~.t, llffil_l.0.~: This Agreement is subject to the requirements of Section 109 of the
Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the
United States shall on the ground of race, color, religion, sex or national origin be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under this title.
Access to Records and Site of Employment: This Agreement is subject to the requirements
of Executive Order 11246, Executive Order 1375, Civil Rights ,act of 1964, as amended.
Access shall be permitted during normal business hours to the premises for the purpose of
conducting on-site compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant to the matter under investigation and
pertinent to compliance with the Order, and the rules and regulations promulgated pursuant
thereto by the Contractor. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights Act
of 1964 (as amended) and in furtherance of the purpose of the Order and that Act.
R~ords: All records pertaining to this Agreement and the services performed pursuant to
it, shall be retained for a period of three (3) years after the expiration date of the Agreement.
Appropriate City and/or HUD personnel shall have free access to those records during the
Agreement duration and the following three-year time period.
5
ATTACHMENT B
II.
12.
13.
Termination for Convenience or for Cause: This Agreement may be terminated by either
the City or the Contractor in the event of a substantial failure to perform by either party. In
the event of such termination, the Contractor shall be entitled to collect all sums for services
performed as of the date of termination. This Agreement may be terminated for convenience
in whole or in part by the City with the consent of the Contractor, in which case the two
parties shall agree upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated.
Legal Remedies for Contract Violation: If the Contractor materially fails to comply with
any term of this Agreement, whether stated in a Federal statute or regulation, an assurance,
in a State plan or application, a notice of award; or elsewhere, the City may take one or more
of the following action, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the
Contractor,
2) Disallow all or part of the cost of the activity or action not in compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4) Take other remedies that may be legally available.
"NeCessary_ and Appropriate" Determination: This Agreement is subject to the
requirements of CFR 570.204 (b). The Subgrantee shall conduct an analysis to determine
that the amount of any financial assistance to be provided to a private non-profit entity is not
excessive, taking into account the actual needs of the business in making the project
financially feasible and the extent of public benefit expected to be derived from the economic
development project. The Subgrantee shail document the analysis as well as any factors it
considered in making its determination that the assistance is necessary or appropriate to carry
out the project.
6
ATTACHMENT C
HOUSING PROGRAM
GUIDELINES
GENERAL
QUICK RESPONSE TO EMERGENCIES PROGRAM
1996-97 Program Guidelines
The Quick Response to Emergencies Program is a subsidy program of grants of
Community Development Block Grant funds. The general intent of these subsidies is
to provide emergency assistance to very Iow-income homeowners encountering sudden
emergency situations, requiring a costly repair that would threaten the habitability of
the house if not addressed and for which the homeowner cannot wait several months
for the processing of a loan application.
The Program is distinguished from other rehabilitation subsidy programs by its
purpose, the extent of repairs intended, and the speed of administrative processing.
PROGRAM DESIGN
Basic Eligibili _ty -- Eligible recipients are owner-occupants of homes in truly
critical need of significant but moderate repairs to the extent that lack of such
repairs may make the house unlivable. Homes should not be in such bad
condition that the Program cannot make the house basically safe and healthy.
Homeowner applicants must have incomes of not more than 50 % of the area
median family income.
Previous recipients of assistance under the previous Critical Home Repair
Program, Gainsboro Grant Program, Quick Response to Emergencies, or
Indoor Plumbing/Rehabilitation Program will not be eligible again, except in
exceptional circumstances as determined by the RRHA.
Form of Subsidy -- A qualifying homeowner may receive a grant of up to
$8,000 for critically needed repairs to emergency problems, necessary to keep
the home liveable.
Application and Selection -- Very low-income homeowners may apply to the
RRHA at any time and be considered for assistance.
An RRHA Inspector will visit the home as quickly as possible, evaluate
whether an eligible emergency or other eligible need exists, determine what
work is necessary, and receive eligibility information, e.g. evidence of income
and homeownership. This information will be verified by the quickest means
possible, so as not to delay having the repairs made.
Eligible Improvements -- The Program will finance repair of conditions
having just arisen, as contrasted to conditions developing over time. Generally
o
these will be conditions that should be repaired within 24-72 hours, lest the
house be vacated or suffer serious damage. Examples include:
a. Overflowing or unworkable septic systems;
b Broken pipes;
c. Inoperative heating system;
d. Inoperative electric systems;
e. Inoperative water pumps;
f. Significant fire damage not covered by insurance.
The cost of repairs may not exceed $8,000.
If the house would require more than $8,000 of repairs to remedy the critical
deficiencies, the owner will be allowed the opportunity to finance the cost
beyond the Program's $8,000 maximum. If the $8,000 will not stabilize the
house, and if the owner is unwilling or unable to commit additional resources
to make the house liveable, the house and the applicant will be dropped from
the Program. However, the homeowner may be referred to other programs of
the City or the RRHA that may finance more extensive repairs.
Construction -- As soon as eligibility is verified, the RRHA Inspector will
attempt to contact a minimum of three contractors for bids for the required
work, and for indication as to when the work can be performed. Each of the
three contractors need not bid, but at least three should be invited to do so. In
the absence of multiple bids, the Inspector will document the file as to the
basis of the conclusion that the single bid received is reasonable.
Because the primary concern is repair in a reasonably short time, the job will
be awarded to the lowest bidder able to perform within an acceptable time.
Files will be documented carefully to reflect the time of performance of the
bids.
QREDESC.97
CRITICAL ASSISTANCE REPAIR FOR THE ELDERLY (CARE)
1996-1997 Program Guidelines
GENERAL
The CARE is a subsidy program of grants for low-income, at risk elderly and frail elderly
homeowners. The general intent of these subsidies is to provide financial assistance for non-
cosmetic repairs and to assess additional needs of this at-risk special need's population. The
program is designed only to keep their homes in safe condition.
The Program is distinguished from other rehabilitation subsidy programs by its purpose, the
extent of repairs intended, and the assessment of additional needs of the elderly homeowner.
PROGRAM DESIGN
Basic Eligibility.: Eldefly and frail elderly homeowners, aged 62 and older, with median
incomes at or below 50% of the adjusted Median Income whose homes are truly in need
of significant but moderate repairs are eligible to apply for CARE. Repairs considered
under the program should be serious enough that the lack of repair may make the home
unlivable. Homes should not be in such bad condition that the program cannot make the
house basically safe and healthy for occupancy.
Previous recipients of assistance under the Critical Home Repair Program, Gainsboro
Grant Program, Quick Response to Emergencies, Quick Response to Elderly
Homeowners, Critical Assistance for the Elderly, or Indoor Plumbing/Rehabilitation
Program will not be eligible again, except in exceptional circumstances determined by
RRHA.
Form of Subsidy: A qualifying homeowner may receive up to $8,000 in critically needed
repairs necessary to keep the home liveable.
Applicants will receive the subsidy in the form of a grant, with no repayment expected.
o
Armlication and Selection:
considered for assistance.
Homeowners may apply to RRHA at any time and be
A RRHA Rehabilitation Specialist will visit the home and complete an overall
assessment, including income verification and homeownership verification, to determine
eligibility for home repair as well as additional needed services. Homeowners will also
be asked to make a donation -- the amount will be recorded on the homeowners's
application, but will not increase or decrease his/her chances for repair. In emergency
situations, assessments beyond income verification and homeownership verification will
be completed as soon as possible.
Eligible Improvements: The Program may finance repair of the following conditions.
Generally these conditions would require the house be vacated if repairs are not made.
Examples include:
ao
Overflowing or unworkable septic systems;
Broken pipes;
Inoperative heating systems;
Inoperative electric systems;
Inoperative water pumps;
Significant fire damage not covered by insurance;
Roof replacement;
Other repairs as determined eligible by RRHA
The cost of repairs may not exceed $8,000.
Other repairs or additional repairs and homeowners that do not meet the criteria listed
will be referred to other programs of the City or RRHA.
Construction: As soon as eligibility is verified, the RRHA Inspector will attempt to
contact a minimum of three contractors for bids on the required work and for indication
as to when the work can be performed. Each of the three contractors need not bid, but at
least three should be invited to do so.
Because the primary concern is repair in the shortest time possible, the job will be
awarded to the bidder able to perform within the shortest time at a reasonable cost,
compared to other bidders. In the absence of multiple bids, the Inspector will document
the file as to the basis of the conclusion that the single bid is reasonable. Files will also
be documented carefully to reflect the time of performance of the bids.
ge
OPERATION PAINTBRUSH
PROGRAM GUIDELINES
GENERAL DESCRIPTION
The Operation Paintbrush program provides grants for painting or siding the exterior of
homes and related minor repairs. The program is limited to low and moderate income
homeowners referred to the Roanoke Neighborhood Partnership (RNP) by member
neighborhood organizations.
The purpose of the program is to make a strong visual statement about the viability of
the neighborhood by improving the appearance of a selected area. In addition, the
program encourages neighborhood volunteerism by involving neighborhood, civic and
religious organizations, and local businesses in house painting projects on weekends.
The program is designed to improve the quality of life for neighborhood residents
participating in the program.
ELIGIBILITY REOUIREMENTS
A. The applicant must be an owner-occupant.
B. . The applicant must be within HUD Income Guidelines.
The applicant's home must be referred to the RNP by a member neighborhood
organization.
The total project cost, including repairs, must not exceed $4,500. Projects
costing more than $4,500 are not eligible. This provision may be waived under
special circumstances by the Director of Public Works.
Eo
At least 50 % of the house must be a paintable surface such as wood clapboard or
wood siding. Excluded surfaces include brick, brick veneer, and vinyl/aluminum
siding. At least 50 % of the front of the house, or side(s) facing a street, must be
a paintable surface.
F. No previous recipient of Operation Paintbrush services is eligible.
APPLICATION AND SELECTION
Neighborhood organizations contact the homeowners who need painting services and
complete a one-page application for each home. The RNP accepts these prioritized
referrals from member organizations and cheeks to verify that the house is owner-
occupied and is physically eligible for the program. The RNP contacts the applicant and
the neighborhood to advise if the project is eligible.
RRHA verifies income eligibility and does a detailed inspection and work write-up for
each referral. The RRHA then competitively bids and oversees work completion.
IV. CONSTRUCTION AND PAINTING REQUIREMENTS
The program finances only exterior painting or siding and minor repairs, principally:
Scraping, priming, and painting. The homeowner selects colors from an RRHA-
approved palette.
B. Caulking and glazing windows.
Repairs necessary for the safety of the homeowner including repairing or building
new steps, replacing broken windows, adding stair rails, repairing or replacing
porch floor boards, replacing or repairing entrance doors, and replacing siding
boards necessary to undertake the painting job. Repairs shall not exceed $500.
No interior repairs or painting shall be performed as pan of an Operation Paintbrush
project.
V. FORM OF SUBSIDY
The painting and repair work subsidy is a grant up to $4,500, with no repayment.
An applicant may be referred to RRHA as a self-help project. In this instance, the
RRItA estimates the amount of paint required for the house and screens the applicant for
eligibility. The RRHA purchases the paint and delivers it to the applicant. The
applicant agrees to either paint the house within six (6) months of receiving the materials
or return the paint. RRHA staff confn'ms that painting has been completed.
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Roanoke Neighborhood Partnership
Operation Paintbrush
Program Description for Neighborhoods and Homeowners
The neighborhood organization, association, or civic league identifies homes in the
neighborhood that may need Operation Paintbrush services.
The neighborhood organization contacts the homeowner to complete the Referral
form and return it to the Roanoke Neighborhood Partnership (RNP).
The RNP checks ownership and whether the exterior of the home is appropriate for
the program.
A Rehabilitation Specialist from the RRHA contacts the homeowner and do an
eligibility report The owner gives information needed to determine if the homeowner
is eligible for the program.
The Rehabilitation Specialist then' inspects the house to determine what work will be
needed and estimates the materials needed for the job.
The Rehabilitation Specialist bids the job out to a professional painting contractor to
do the work.
Once the job is completed, the homeowner will be asked to complete a customer
service survey to rate their satisfaction with the job.
Attachment B
CONSOI.mATED REHAB LOAN PROGRAM
1996-97 PROGI~M GUIDELINES
L Program Description
The Consolidated Rebab Loan Program combines finandai a~sistance provided to eligible
homeowners, home, buyers and owners of substandard rental properties for the repah- and
elimination of substandard housing conditions into one inte~'ated program design. The financing
options available to ass/st in the rehabilitation of properties vary w/th the type of acfiv/ty bekig
assisted and with the applicant's age, physical condition and fizumdai ability to pay for the repairs.
The program offers a combination of active ami deferred lo~n~ and forgivable grants to provide an
equitable and affordable level of assistance for the repair of substandard residential properties.
This program is administered by the Roanoke Redevdopment and Hous~ Authority (RRHA)
using federal HOME and CDBG funds allocated w the City of'Roanoke by the Department of
Housing and Urban Development (HUD).
IL Rehabiliufion Options
A. Owner~ccupied Properties
Ail applicanxs w,,~ occupy the property to be rehabilitated or intend to
occupy the property as their principal residence afar the renovation work
is complete&
Atmlicants with income not exceedim, g0% of the Area Median Income,
(AMI), as established by HUD and adjusted for household size, may apply
for rehabilitation fiuan~ f~maed by federal HOME funds. The form of
assistance may involve financing all or a part of the project repairs r~u'ough
an active or deferred loan, or grant as provided below.
A_m?licants With income above 80% of the AM1 may apply for rehabilitation
through a 4% interest loan of CDBG funds.
The minlm,m loan amouat is $5,000 ami the mi~imnm monthly paymem is
$50. The maximum loan term is 15yeats. All fmancing secuted by the
property, including pre-eximing monsages and HOME or CDBG ~in,nced
assistance, may not exceed the greater of 125% ofafler-rehab appraised
value, or 150% ofpre-rehab value based on tax assessmem.
o
HUD's per unit ~cc limits based on the nnmher of bedrooms may not
be ewoeeded and after-rehab values may not exceed HUD's 203(b)
mortgage limits for the area.
o
Sufficient property insurance must be maintained.
Very_ Low lneome Applicants:
For applicants with iota[ household income not exceeding 50% of AMI,
rehabilitation financing is available as a combination of an active or
deferred loan and ~'an~ of HOME funds as follows:
Elderly or di.~abled annlicants of very low income may finance
improvements through a combination of 1/2 non-interest bearing loan and
1/2 grant. Elderly is defined here as an applicant above the age of sixty.
Disability is defrned as having met standards established by the Social
Security Administration for disability status.
The RRHA Finance Spe~_',ii~ will review a perspectiv~ loan application for
the applicant's ability to repay a loax~ If affordable, the loan will be
amortized without interest for a term not to exceed fifteen years. If the
amortized loan is una~ordable, the applicant will be offered the option of
deferring payment of the loan portion ofthe project cost until sale or
trn,,-,fer of the property, in a~o~ with conditions of the Promissory
Note For Payment Upon Transfier (see Attachment ~.
All o~er ellalhle annlicnnts with incomes not exceedinS 50°4 of AMI may
i~,,,,,~.e repairs through a combination of 75% non-interest bearing loan and
25% grallt. As outlined above, if'an applicallt's lo~ iS determined to be
unatfordabie, the option to defer payment ung__'_! sale or Wan.s~ is permitted.
Low to Modern_re Income Ap_olicants:
For applicants with total household income not exceeding 80% of AMI,
~on financin~ is availabl~ an amortizing loan of HOME funds,
semmi by a deed of trust on the property.
The interest rate for elderly or disabled applicants is 2%. The interest rate
for nil non-elderly and non-disabled applicants is 4%.
Anoli~sm.s tl~'fth Incomes Cffeater Than 80°/~ of AMI:
Eligible applicants with total household income greater that 80% of AMI
may finance rehabilitation expenses through an amorti,in_a loan o£CDBG
fimds at 4% interest. CDBG loan applications must meet the same
requiremenis as HOME fired loans, except income eli~'oility.
2
B. Rental Rehabilitation
The co~s of rehabilitation necessary to bring rental properties up to code
may be financed through an amortizing loan made from HOME funds at an
annual interest rate of 5%. The maximum loan term is 15 years. The
maximum loan amount is $14,999 per rental unit.
2. Requirem~ts for Tenant Income and Affordable Rems:
One hundred percent of the tenants shall meet the HUD specified income
limits and rents shall not exceed the HUD specified limits during the
affordable five-year repon~r~ period. (see A~azhment __)
Eighty perce~t oftena~s' rents shall not exceed the HUD specified Fair
Market Rent (FMR) limits and 20°,4 of the tenants' rents shall not exceed
the HUD speci~ed 50% Rem Limit (see AUachmeat __).
4. Tenant Tneomes:
The maximum allowable tenants' income shall be no more that 80% of the
median income (based on family size) for the Roanoke area, as established
by HUe.
N'm~y percent of HOME funded units shall be rented m temmts whose
income i~ below 60% of the medhm and 20% of each project shall be
rented to te~ts whose income is bdow 50% of the median (see
Attachment ).
5. Reauirements for T ~ndlord/ProDertv Owners
The landlord/owner shall verify the t,~mmts' in~:~no and submit
copies ofinformfltion to RRHA prior m ~ a loan
cogent on all occupied ~ and on vac~ units, when the
unit is occupied. The landlord/owner shall file a report annually on
thc occupancy status 8ivins a notarized affidavit to KRHA on thc
tenams' incomes end ~,,*;. Atenant shall not be dispossessed if his
affordable and wf~hln HUD's specified re~t limits for five years.
Any landlord failing to comply with the reporting infonmfion
annually for ~ve years, or who violaIes tenant income/rent
3
stipulations, as well as other stipulations of the application and deed
of trust, shall be forbidden from future panic/pat/on in the rental
rehab program and lc-gal action, as deemed appropriate, shall be
brought aSa/asr the owner, i.e., judgements, demands to satisfy the
mortgage, and call/nE for the HOME loan to be due and payable.
c. Sufficient property insurance must be maintained.
do
All appropriate inspections .~hal! be made and a copy office
C. cn//icate o/' Occupancy issued by thc city building department
.~h~ll be submitted to the RRHA prior to ~m~t draw down of the
HOME loan funds. Upon completion, all properties must meet
Housing Quality Standards (~QS).
C. PuFchse & Rd~b~tion
Due to limited funding, acquisition costs may not be flnnnced under the
pmgnun nnd m,,~ be f:manced by others, including local lcndin~
Costs offinan~ rehab~n expenses associated with the purchase of a
home may be financed by the Consolidated Rebab Loan Program.
Notes securing program rebahlitagon financing may be subordinate to
,__~. ,i,~tion ~.
Eligible Propa'tb
To be eligt~le for rebab~tafion animnce, a property ~,~ be resid~,i,I and have major
defldencies making it substandard and properlies other ~ rmtal properties must be
beginning July 1, 1996, properties elil~ for assistance must be located within a
designated Conservation Area, Aebabirmai~ Disuict or Enterprise Zone. After the initial
six month period, the Houshg Coora;,,-tlon Team may, at the request of the RRHA,
increase tim =wu el/i/ble for program pat/cipa~o~
Eligible Improvements
All violations oftbe Building Maintenance Code nmst be corrected. Other digible
improvements include the repair of elements that may be expected to become substandard,
improvements to make buildings more energy efficient, and improvements to enhance the
basic livabilit7 and comfort of the house.
Luxury improvernem~ are not be eligible for financing. Luxury improvements include
4
materials or fixtures of a type or quality exceedinE those customarily used for properties
of the same general type as the assisted property. Additions to buildings will not be
financed, unless the additional space is necessary to correct building code deficiencies.
All proposed improvements are subject to the prior review and concurrence of the State
Historic Preservation Officer for compliance to the National ffistoric Preservation Act of
1966, as amended. Work Write-ups specifying proposed repairs shall be submitted the
city's Office of Grants Compliance for coordination of the historic review process. No
costs shall be incurred or funds obligated prior to receiving a satisfactory historic review
of the proposed work
Special Allocation: Gtin~boro PFeservnfion District & Enterprise Zone H
An allocation of IF200,000 is set sside for six months, beginnl~ $uly 1, 1996, to assist
properties located within the Gamsbow H-2 Preservation DisUict and the new Enterprise
Zone 11, lo~ated in north~st Rosnoke. An allocation of $100,000 of HOME funding is
made to each area for six months. Funded for projects in these areas may exceed the
amount of this special allocation through the use of additional funds allocated to the
Consolidated Rehab Loan Program.
After the initial six month period, the special allocation win expire and uncommitted funds
may be used to assist projects located in any area digible for the Consolidated Rchab Loan
ProlFam, indudin~ the Gainsboro Preservation District or the northeast Enterprise Zone.
Terms of the housing rehabilitation assistance provided by the special allocation win
follow the Ipiidghes for the Consolidated Rchab Loan Pro,ram. -'
Lo~n Underwriih~, Loan Approval & Appefd Process
The O, oerations Mmmal for the Urban Rehabih'lat~on Program, dated January 1995,
developed by Vh'sinia's Department of Housing and Comvrnm~ Development (DHCD)
win provide the ,alteria for undetwrifin& and loan approval. These guidelines are h'beral
and provide flem'bility in assessing credit history and determlrdng an applicant's ability to
repay the loan. The RRHA w~l review loan applications based on DHCD's criteria and
win make the determination of approval or denial of'loan applications.
Upon receipt of au applicant's written request to appeal the RRHA's decision, the loan
application will be reviewed by a loan appeal pand. The panel will include the RRHA
Rehabilitation Director and a representative from the city's ~ of G-renu Compliance
and fi'om the HouSing Development Office. All available loan application information will
be available for review and a loan may be approved by a majority de~_'_~on. The decision
reached by the loan appeal panel will be final.
VIL Funding P, mounts
Consolidated Rehab Loan Program
HOME funds $300,000
CDBG funds $ 60,000
Historic Gainsboro Reh~tation (six month allocation)
HOME fimds $100,000
Enterprise Zone Rehabilitation (six month allocation)
HOME funds $100,000
Total prol~zn funding:
$560,000
Leverage of Program Funds
HOME funds allocated to the Consolidated Rcbab Loan Program may be utilized to
provide the niaimtun match required by Virginia's Department o£Ho,,~,~g and
Community Developmmt (DHCD) for its Urban ~on Program, ifDHCD
other nff-ordable financins is desirable to permit more projects to be assisted ~ the
limited pmgrsm nHocation. If'local HOME f~,nd, nrc provided to match DHCD ~
the local HOME funds shall be sectued as a deferred psyment loan, forgiven 20% after
Target Goals
The target goals for use afthc $560,000 a~ocated to the Consolidated ~ Loan
ProFam areto commit $150,000 for tl~ ~ ofl0 submndmi rani units, to
commit $100,000 to r~.~l~,,ion costs to support the purchase of 4 substandard
properties for own~r-ocmpancy, and to ~o..:...k ttm r,m,~,~,,g g310,000 to the
rchabilit~ion of 18 owaer-occupied properties. There is no amnnae however, that these
Administration
The RRNA will be responn~le for the administration of the Consolidated Loan Pro,mm,
subject a contract to provide such services lot',he City o£Roenoke. Activities including
~g nmi outrm~ application processing, loan and lgant unde~ loan closing.
rehabilitation inspection, project planning and strpervisio~ holding of'deeds of trust and/or
srant n~reement for the HOME and CDBG ~ and dispersi~ Rinds will be carried out
by the RRHA.
Loan servi~ ~ not be the rest~ons~ilitv
Loan Assumption & Subordination
Loans financ~ by the Consolidated Rehab Loan Pro/ram are not assumable to subsequent
buyers of the assisted propa'ty.
The Executive Director of the RRHA is granted the authority to subordinate deech of m~st
he. id in security of the HOME and CDBG funds under exceptional circum-~nces.
Acceptable reasons for approving requests for subordination include s/mations where
emergency repairs must be performed to keep the pwperty habitable or in other
extraor~ c/rcums~¢es where subordination is believed to serve the best interests of
the
Program Modification
Thes~ program guidelines may be modified with the written concurrence of the City
Manager or Assistant City Manager and the RRHA Executive Director.
C:\WPWIN60\WPDOCS\C ONTRAC'~96PROPOS~CONGUIDF.. WPD
7
CONSOLIDATED REHAB LOAN PROGRAM
ELIGIBLE ACTIVITIES & FINANCING OPTIONS
Income O~,ner. Occupied Rekab l.o~m P~rckase & Rek~ Rent~ Rek~ L~ns
Ve~ ~w Income Elde~isabld ~1 Other Ap~icants A~siaon co~s tin.ced Loa~ up to $14,999/unit,
by ethos (private, ~ 5% ~u~ interest,
Not Exc~in~ 5~ co~enfional. ~ ~th Ion te~ up to 15
of A~ !12 Proi~ Co~: ~ ~ ~[4 ~oj~ Co~: ~ etc.) ye~s. Prope~ o~ers
wi option to def~ pa~ent Lorn w/option to defer mu~ a~ee to rent to Iow
until s~s~r ofprope~ pa~t umil Re~bilitaflon ~sts and ve~ Iow ~come
sal~nsfer of fin~d as ~der Ihe households at re~lated
1/2 ~oi~ Co~: ~ prepay te~s ~r o~er-~cupi~ rates for five ye~s.
- 1/4 Proi~ Co~: ~t prope~ics.
~w to Moderate 2% ~ 4% Lo~
Income ' -
Not Exceeding 8~
of~l
Over ~0% AMI 4% ~BG Lo~
M~~ te~: 15 y~s
April 26, 1996/dmc
Miry F. Parker, CMC/AAE
cay Ck, rk
CITY OF ROANOKE
Office of the City Clerk
Slndrl H. Eakin
cay c~rk
August 9, 1996
File #144-253
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending that a public headng be advertised to consider approval of
amendments to the Charter and Members Use Agreement of the Roanoke Valley Resource
Authority as a first step to permitting the Authority to engage in commercial solid waste
collection, was before the Council of the City of Roanoke at a regular meeting held on
Monday, August 5, 1996.
On motion, duly seconded and adopted, Council authorized a public hearing to be held on
Monday, September 16, 1996, at 7:00 p.m., or as soon thereafter as the matter may be
heard..
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
W. Robert Herbert
City Manager
August 9, 1996
Page 2
pc:
John R. Hubbard, Executive Director, Roanoke Valley Resource Authority, 1020
Hollins Road, N. E., Roanoke, Virginia 24012
Elmer C. Hodge, County Administrator, County of Roanoke, 5204 Bernard Drive,
S. W., Roanoke, Virginia 24018
B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton,
Virginia 24179
Carolyn Wagner, Secretary, Roanoke Valley Resource Authority, 1020 Hollins
Road, N. E., Roanoke, Virginia 24012
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
I-4:~GENC)A~4~3UST. S -~
August 5, 1996
Report No. 96-325
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Amendments to Founding Documents to Permit the
Roanoke Valley Resource Authority to Engage in
Solid Waste Collection
Background:
ae
Revenue needed to offset operating and capital cost for
the Roanoke Valley Resource Authority (RVRA) is
generated solely from the collection of tipping fees.
If there is insufficient solid waste or the tipping
fees are too low, the RVRA would incur a deficit. The
FY 96-97 budget projects $10,282~455 in revenue from
187,000 tons of solid waste (including 104,700 tons of
commercially generated waste.)
A deficit in revenues versus expenses would be an
obligation for the founding jurisdictions, namely,
Roanoke City, Roanoke County, and the Town of Vinton.
Ce
Commercially provided landfill space has become more
available in recent months as private companies have
been successful in obtaining operating permits for
these large commercial landfills. Commercial landfills
also need a certain volume of solid waste to pay for
the operating and capital cost of their landfills.
A method of controllinq the end destination of solid
waste is to be the collection agency that picks up the
solid waste. Nationally known private haulers have
entered the local market in recent months, buying up
smaller private haulers and becoming more and more in a
position to justify some form of long distance
transportation method to divert the solid waste they
collect and transport that is now going to RVRA to a
distant private landfill.
Authority to compete for solid waste collection via
establishing a collection operation is being sought by
RVRA in accordance with the attached April 8, 1996 and
June 21, 1996 letters from RVRA Executive Director John
Hubbard.
Honorable Mayor and City Council
August 5, 1996
Page 2
Several steps would have to be undertaken by both the
RVRA and the founding jurisdictions, including public
hearings, prior to the RVRA being able to engage in
this activity.
Amendments to the Authority's Charter and the Member
Use Agreement, being requested hereby, are the first
steps to this process.
A Public Hearing is required to amend the founding
documents, as was required for the initial approval of
these documents. Public Hearing requires at least 30
days notice.
II. Issues:
ae
Ability to compete
Need to stabilize solid waste volume
C. Tipping fees
D. Deficit prevention
III. Alternatives:
ae
Council schedule a Public Hearing to consider approval
of the amendments, in a form acceptable to the City
Attorney, to the RVRA's Charter and Members Use
Agreement as a first step to permitting the Authority
to engage in solid waste collection.
Ability to compete for commercial solid waste
collection will be initiated.
Need to stabilize solid waste volume will be
shown·
Tipping fees of economical range will be
supported.
4. Deficit prevention will be sought.
Council refrain from approving the proposed amendments.
1. Ability to compete will not be initiated.
2. Need to stabilize solid waste volume will linger
as a pending problem.
Honorable Mayor and City Council
August 5, 1996
Page 3
3. Tipping fees may escalate greatly.
4. Deficit prevention may be impossible.
IV.
Recommendation: Council schedule a public hearinq to
consider the adoption of the attached resolution authorizing
amendments to the RVRA's Charter and Member Use Agreement in
accordance with Alternative "A".
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:afm
Attachments
cc:
John R. Hubbard, Executive Director, RVRA
Elmer C. Hedge, Roanoke County Administrator
B. Clayton Goodman, III, Vinton Town Manager
Bittle W. Porterfield, III, RVRA Member
Kit B. Kiser, Vice Chairman, RVRA
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director of Public Works
APR'.
s _O fice
April 8, 1996
B. Clayton Goodman, III, Town Manager
Town of Vinton
P.O. Box 338
Vinton, VA 24179
W. Robert Herbert, City Manager
City of Roanoke
215 Church Avenue
Roanoke, VA 24011
Elmer C. Hodge, County Administrator
County of Roanoke
P.O. Box 29800
Roanoke, VA 24018
Re: Diversion of Commercial Waste
Dear Gentlemen:
As you know, pursuant to its organizing documents, the Roanoke Valley Resource
Authority ("Authority.") accepts solid waste for disposal but is not permitted to engage in
collection activities. Currently, residential waste is collected by the Authority's Charter Member
jurisdictions. Commercial waste is collected by private haulers.
Commercial waste constitutes over 50% of the Authority's total waste flow and accounts
for more than half of the Authority's revenues. The revenue from commercial waste collected by
private haulers and disposed of at Authority facilities is critical to the Authority's finances and
helps secure payment of the revenue bonds issued by the Authority in 1992 to finance construction
of the Transfer Station and the Smith Gap Landfill.
Over the past few years, the Authority has kept the jurisdictions informed of the possibility
that one or more private haulers could divert the flow of commercial waste by transporting and
disposing of the waste at private landfills located outside the Roanoke Valley. The Authority has
identified possible methods of addressing the diversion threat, including support for federal
legislation to authorize local governments to control the flow of local waste. As you are aware,
recent state and federal court cases have severely restricted flow control and the United States
Congress is not likely to act on authorizing legislation in the near future.
1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056
B. Clayton Goodman, III, Town Manager
W. Robert Herbert, City Manager
Elmer C. Hodge, County Administrator
April 8. 1996
Page 2
To date, the Authority's disposal fees and the actual amount of solid waste received by the
Authority for disposal have remained well within bond projections. Recent developments,
however, have caused new concern that one or more private haulers might divert the commercial
waste that they collect. Such a diversion of the commercial waste flow could significantly impair
the Authority's ability to meet its obligations under the revenue bonds and could have a direct
financial impact on the Charter Member jurisdictions.
If diversion does occur, one possible avenue for 'the jurisdictions and\or the Authority
would be to provide for the collection of commercial refuse. The Authority beheves that it would
be prudent for the jurisdictions and/or the Authority to be prepared to consider entry into the
market of providing collection service for commercial waste. This service could compete directly
with the private collection companies.
Therefore, th~ Authority has authorized m~ to reque~ that th~ Charter Member
jurisdictions approve am~dmems to the Authority's Charter and the Member Use Agreement t6
permit and authorize the Authority, if necessary, to engage in or provid~ for individual business
and commercial garbage and refuse collection. A draft resolution including proposed Articles of
Amendment to the Authority's Articles of Incorporation, as well as a draft Amendment to the
Member Use Agreement are enclosed for your review. You should be aware that there are certain
procedural requirements that must be met before these amendments can be completed.
On behalf of the Authority, we sincerely appreciate your consideration of this matter. I
would be pleased to discuss this matter with you and/or members of your governing body at your
earliest convenience.
Sincerely,
Chief Executive Officer
jrh
enclosures
cc: Members, Roanoke Valley Resource Authority
Mark Allan Williams, General Counsel
ROANOKE VAI,LEY RKSOURCE AUTHORITY
June 21, 1996
Mr. Bob Herbert, City Manager
City of Roanoke
215 Church Avenue 24011
Roanoke, VA 24011
Mr. Elmer Hedge, County Administrator
County of Roanoke
5204.Bernard Drive
Roanoke, VA 24018
Mr. B. Clayton Goodman, III
Town Manager, Town of Vinton
P.O. Box 338
Vinton, VA 24179
Dear Gentlemen:
I have received your letters of support for amending the Members Use Agreement and
the Authority's Charter allowing the Collection of commercial waste. Each of you have also
requested that residential collection be included.
Since the receipt of your letters the Authority has drafted amendments to each document
that include both commercial and residential collection. These amendments have been forwarded
to your respective legal counsel for their review and comment. Upon receipt of any comments
the Authority's attorney will finalize the documents and forward to you for action.
The amendments will place the Authority and the local governments in a position to
proceed with the necessary public hearings and adoption of the appropriate ordinances.
If you have any questions please let me know.
Sincerely,
Chief Executive Officer
JRH/mej
1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056
DRAFT RES. FOR ARTICLES OF AMENDM~NT
5-23-96
PAGE 1
A RESOLU'I~ON AUTHORIZING ARTICLES OF AMENDMENT TO THE
ROANOKE VALLEY RESOURCE AUTHO~Y ARTICLES OF
INCORPORATION AND AN ~MENT TO THE ROANOKE VALLEY
RESOURCE AUTHORITY MEMBERS USE AGRE, E~ TO AUTHORIZE
THE AUTHORITY TO ENGAGE IN OR PROVIDE FOR COMMERCIAL
AND/OR RESIDENTIAL GARBAGE AND REFUSE COLLECTION
ACTIVITIES OR SERVICES.
Whereas the Board of Supervisors of Roanoke County, Virginia, ("County"), the Council
of the Town of Vinton, Virginia ("Town"), and the Council of the City of Roanoke, Virginia,
("City") have determined that it is in their best interests to amend the Articles of Incorporation of
the Roanoke Valley Resource Authority ("Authority") and the Roanoke Valley Resource Authority
Member Use Agreement to authorize the Authority to engage in or provide for commercial and/or
residential garbage and refuse collection activities or services, pursuant to the provisions of the
Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1, Code of Virginia (1950), as
amended, ("Act"); and,
Whereas, the Board of Supervisors of Roanoke County, Virginia, the Council of the Town
of Vinton, Virginia, and the Council of the City of Roanoke, Virginia, do by concurrent
resolutions provide for amendment of the Authority's Articles of Incorporation to authorize the
Authority to engage in or provide for commercial and/or residential garbage and refuse collection
activities or services pursuant to the Act; and,
Whereas, a public hearing has been held in accordance with the requirements of the Act,
including, without limitation, sections 15.1-1243, 15.1-1244, and 15.1-1250(o); and,
Whereas, the Roanoke Valley Resource Authority has, by resolution, expressed its consent
to the aforesaid amendments.
NOW, THER~]:ORE, BE IT RESOLVED as follows:
1. The proper officials are authorized to execute and attest, in form approved by legal
counsel, an amendment to the Roanoke Valley Resource Authority Members Use Agreement
authorizing the Authority to engage in or provide for commercial and/or residential garbage and
refuse collection activities or services.
2. The authorization of the Authority to engage ir/or provide for commercial and/or
residential collection activities or services pursuant to the Act is hereby approved, and the Articles
of Amendment of the Roanoke Valley Resource Authority sets forth and specifies this additional
DRAFT RES. FOR ARTICLES OF AMENDIV[ENT
5-23-96
PAGE 2
authority.
3. The Articles of Amendment of the Roanoke Valley Resource Authority are as follows:
AR'T'T~T.F~_g Ol~' AlvI~.NT)M~.lq~
P. OANOK~. VAT.T.~Y RFLgcHT'R~ ATT'T'T-Tc~I~rTY
The Board of Supervi~ of Roanoke County, the Town Council of the Town of Vinton,
and the Council of the City of Roanoke have by concurrent resolution adopted the following
amendments to the Articles of Incorporation of the Roanoke County Resource Authority of
Virginia, pursuant to the Virginia Water and Sewer Authorities Act (chapter 28, Title 15.1, 1950
Code of Virginia, as amended) ("Act")
I. The Articles of Incorporation shall be amended by strildag out ARTICLE I and.
substituting the following:
The name of the Authority shall be the Roanoke Valley Resource Authority and the address
of its principal office is .~,.,o ~,,,,,,,,.,,,~,,,,, ,-,,~,,,,,~, i~~!~ Roanoke, Virginia ~
II. ARTICLE ii of the Articles of Incorporation shall continue to read as follows:
The names of the incorporating political subdivisions are the County of Roanoke, Virginia;
the City of Roanoke, Virginia; and the Town of Vinton, Virginia. The County of Roanoke, the
City of Roanoke, and the Town of Vinton, as the incorporating political subdivisions, hereby
acknowledge, covenant, and agree that these Articles of Incorporation shall not be further
amended or changed without the express agreement of each of the governing bodies of
DRAFT RES. FOR ARTICLES OF AMENDMENT
5-23-96
PAGE 3
each of the incorporating political subdivisions.
Neither of the following actions shall be taken or permitted to occur by the Authority
without the consent of the City of Roanoke and the County of Roanoke as expressed by the
affirmative vote of all City and County representatives on the Authority:
(1) Any change in the terms or conditions of design or operation of the Transfer Station
located in the City of Roanoke as set forth in the Solid Waste Transfer Facility Design Criteria,
dated March 19, 1991, and the Solid Waste Transfer Facility Operating Criteria, dated May 21,
1991, as approved by the Roanoke City Planning Commission on June 5, 1991, and the Part A
and Part B applications for the Transfer Station as approved by the Commonwealth of Virginia,
or any expansion or modification thereof or use by any persons or entities other than City,
County, or Town;
(2) Any change in the terms and conditions of the design or operation of the Landfill
located in Roanoke County as set forth in the special use permit and the Landfill Permit
Conditions and Operating Policies, Action 62789-10 and Resolution 62789-12, each dated June
27, '1989, and the Part A and Part B applications for the Landfill as approved by the
Commonwealth of Virginia.
Since the Landfill and Transfer Station are scarce and valuable resources, and because the
incorporating political subdivisions have a common interest in insuring that the Landfill is utilized
in the best possible and most efficient manner, the incorporating political subdivisions agree that
Authority membership and operation and use and operation of the Transfer Station and Landfill
shall be governed by the terms and conditions of the Roanoke Valley Resource Authority Members
DRAFT RES. FOR ARTICLES OF AMENDMENT
5-23-96
PAGE 4
Use Agreement ("Use Agreement") dated October 23, 1991.
III. The Articles of Incorporation shall be amended by striking out ARTICLE HI and
substituting the following:
The names, addresses, and terms of office of the members of the Board of the Roanoke
Valley Resource Authority ("Authority") are as follows:
1. Diane Hyatt
2. B. Clayton Goodman, III
3. Kit B. Kiser
4. Bittle W. Porterfield, ~
5. William $. Rand, Ill
6. Allan C. Robinson, Jr.
7. Katherine Schefsky
The terms of office of each of the members shall become effective on the date of issuance
of a certificate ofjoinder for the Authority by the State Corporation Commission in accordance
with the provisions of Section 15.1-1248 of the Act. The governing body of each participating
political subdivision shall appoint the number of members, who may be members of the governing
body, set forth opposite its name below:
County of Roanoke - four
City of Roanoke - two
DRAFT RF_~. FOR ARTICLES OF AME~~
5-23-96
PAGE 5
Town of Vinton - one
It being the intention of these Articles that the governing body of the County of Roanoke
shall always appoint a majority of the members, whenever an additional political subdivision shall
join the Authority, such governing body shall be entitled to appoint one or more additional
members in order to maintain such majority.
Initially, the governing body of the County of Roanoke shall appoint one member for a
four-year term, one member for a three-year term, and two members for a two-year term.
Initially, the governing body of the City of Roanoke shall appoint one member for a four-year
term and one member for a three-y~ term. Initially, the governing body of the Town of Vinton
shall appoint one member for a four-year term. After the initial terms, each member shall be
appointed for a four-year term or until his successor is appointed and qualified. Any additional
members appointed by the County of Roanoke to maintain its majority pursuant to the foregoing
paragraph shall also be appointed 'for four-year terms. The governing body of each political
subdivision shall be empowered to remove at any time, without cause, any member appointed by
it and appoint a successor member to fill the unexpired portion of the removed member's term.
Each member may be reimbursed by the Authority for the amount of actual expenses
incurred by him in the performance of his duties.
IV. The Articles of Incorporation shall be amended by striking out ARTICLE IV and
substituting the following:
The purpose for which the Authority is to be formed is to exercise all the powers granted
to the Authority to acquire, finance, construct, opera~, manage and maintain a garbage and refuse
DRAFT RES. FOR ARTICLES OF AMENDMENT
5-23-96
PAGE 6
collection and disposal system and related facilities pursuant to the Act. For purposes of these
Articles, and any contracts or documents entered into on behalf of Authority, "garbage and refuse
collection and disposal system and related facih'ties" shall mean collection and disposal of garbage
and refuse at and through a transfer facility owned and operated by the Authority and the
associated landfill or disposal operations oi-,ly. Th~ Au~iio, i~y sl-a~il aca b~ a, iiioii~d ~'"~
~~to engage in or provide for ~ residential ~~.i:n-brtsin,~
~ii~!icollection activities or services. The Authority shall contract with the County
of Roanoke, the City of Roanoke, and the Town of Vinton to furnish garbage and refu~
and disposal services upon identical terms and conditions including the same schedul!
rates, fees and charges of all types which shall be uniformly applicable to sue
subdivisions. Subject to the terms of the Use Agreement, the Authority may contracl
political subdivisions to furnish garbage and trash disposal services upon such terms ant
as the Authority shall determine. The Authority may contract to make host locality payments to
Roanoke County and Roanoke City to compensate the County and City in consideration of location
of facilities within their communities. It is not tga~cable to set forth herein information regarding
preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial
rates for the proposed projects.
V. ARTICLE V of the Articles of Incorporation shall continue to read as follows:
The Authority shall serve the County of Roanoke, the City of Roanoke, the Town of
Vinton and, to the extent permitted by the Act and by the terms of these Articles and the Use
Agreement, such other public or private entities as the Authority may determine upon the terms
DRAFT RES. FOR ARTICLES OF AMENDMENT
5 -23 -96
PAGE 7
and conditions established pursuant to such contracts.
VI. ARTICLE VI of the Articles of Incorporation shall continue to read as follows:
The Authority shall cause an annual audit of its books and records to be made by the State
Auditor of Public Accounts or by an independent certified public accountant at the end of each
fiscal year and a certified copY thereof to be fried promptly with the governing body of each of
the incorporating political subdivisions.
4. A copy of the Roanoke Valley Resource Authority Members Use Agreement is available
for inspection in the Office of the Town Manager, Vinton Municipal Building, Office of the Clerk
to the Board, Administration Center, and Office of the City Clerk, Room 456, Municipal
Building.
5. This resolution shall take effect immediately upon its adoption.
DRAFT AMENDMENT TO USE AGREEMENT
5-23-96
PAGE 1
SECOND AMENDlV~NT TO
ROANOKE VALLEY RESOURCE AUTHORITY
MEMBERS USE AGREEMENT
THIS SECOND AMENDMI::.NT TO ROANOKE VALLEY RESOURCE AUTHORITY
M'~MBERS USE AGREEMENT (the "Second Amendment".) is made as of 1996, by
and among the ROANOKE VALLEY RESOURCE AUTHORITY, as successor to the Roanoke
County Resource Authority (the "Authority"), the COUNTY OF ROANOKE, VIRGINIA (the
"County"), the CITY OF ROANOKE, VIRGINIA (the "City~) and the TOWN OF VINTON,
VIRGINIA (the "Town~); each of which are political subdivisions of the Commonwealth of
Virginia.
RECITALS
WHEREAS, the parties hereto entered into the Roanoke Valley Resource Authority
Members Use Agreement dated October 23, 1991, as amended by First Amendment dated as of
June 1, 1992, (the *Members Use Agreement') under which the Authority agreed to acquire,
construct and equip a regional waste disposal system consisting of a landftll and transfer station
and related structures and equipment (the 'System'), and to provide financing therefor in order
to dispose of all nonbu~ardous solid waste delivered to the System by or on behalf of the County,
the City and the Town (collectively, the "Charter Members').
WHN~REAS, the Authority and the County, City, and Town desire to amend the Members
Use Agreement to permit the Authority to engage in or provide for commercial and/or residential
garbage and refuse collection activities or services.
DRAFT AMENDMENT TO USE AGREEMENT
5-23-96
PAGE 2
NOW, THEREFORE, in consideration of the foregoing, the Authority and the County,
City, and Town, covenant and agree as follows:
1. Definiticms. The capitalb,_ed terms in this Second Amendment have the meanings given
to them in the Members Use Agreement unless otherwise defined.
2. Amendment of Ret~tinn 22 nf Memher.q lTr, e ~trreernent. Section 2.2 of the Members
Use Agreement is hereby amended by striking out current Section 2.2 in its entirety and
substituting the following:
Section 2.2 A.n?lieahiliT-'' Amendmentq. The Authority and Users covenant
and agree that except as stated herein the terms, conditions and requirements
contained in this Agreement shall apply equally to each Charter Member User and
further covenant and agree that this Agreement, the Articles of Incorporation, and
B. ylaws, shall not be amended or changed in any way without the consent of
Authority and the consent of the governing body of each Charter Member User.
The parties hereto further covenant and agree that the Authority shall engage in the
collection and disposal of garbage and refuse at and through the Facility or other
transfer facih'ties owned and operated by the Authority, and that the Authority shall
be authorized to engage in or provide for commercial and/or residential garbage
and refuse collection activities or services.
3. ~. This Second Amendment may be executed in any number of counterparts,
each of which, when so executed and delivered, will be an original, and the counterparts taken
together will constitute one and the same instrument.
4. l:~ffer~ivene~ tff Memher~ llr. e ALyreement' Except ~ expressly amended in this Second
Amendment, all terms and provisions of the Members Use Agreement, as amended, shall remain
in full force and effect.
DRAFT AMENDMENT TO USE AGREE~
5-23-96
PAGE 3
IN wrrNF~S WI~F, the parties have caused this Second Amendment to be executed
as of the date above written.
ROANOKE VALLEY RESOURCE AUTHORITY
ATrEST:
By:
Title:
By:
Date:
COUNTY OF ROANOKE, VIRGINIA
ATTEST:
By:
Title:
By:
Title:
Dat~:
CITY OF ROANOKE, VIRGINIA
ATTEST:
By:
Title:
By:
Title:
Date:
TOWN OF VINTON, VIRGINIA
ATTEST:
By:
Title:
By:
Title:
Date:
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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File ~f.468
D. B. Holofchak
Regional Sales Office Supervisor
Griffin Pipe Products Co.
P. O. Box 740
Lynchburg, Virginia 24505
Dear Mr. Holofchak:
I am enclosing copy of Resolution No. 33064-080596 accepting the bid of Griffin Pipe
Products Co., made to the City for furnishing and delivering ductile iron water pipe, for the
period of July 1, 1996, to June 30, 1997, for the total bid price of $273,225.00, as more
particularly set forth in a report of the City Manager under date of August 5, 1996; and
rejecting all other bids received by the City. Resolution No. 33064-080596 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, August 5,
1996.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
H:~3ENDA~AUGU~r.5
D. B. Holofchak
Regional Sales Office Supervisor
Griffin Pipe Products Co.
August 9, 1996
Page 2
pc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
M. Craig Sluss, Manager, Water Department
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~AGENDA~AUGUST, 5
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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File ff.468
Francis B. Tone
Manager, Customer Service
Atlantic States Cast Iron Pipe Co.
183 Sitgreaves Street
Phillipsburg, New Jersey 08865
Michael H. Bamber
Manager, Waterworks
Ferguson Enterprises
P. O. Box 4815
Roanoke, Virginia 24015
H. L. Ransom
Vice-President - Marketing
U. S. Pipe and Foundry Co.
East Pead Street
Burlington, New Jersey 08016
Dave Bums
Vice-President
Virginia Water & Waste Supply Co.
2820 Mary Linda Avenue, N. E.
Roanoke, Virginia 24012
Gentlemen:
I am enclosing copy of Resolution No. 33064-080596 accepting the bid of Gdffin Pipe Products Co.,
made to the City for furnishing and delivering ductile iron water pipe, for the pedod of July 1, 1996,
to June 30, 1997, for the total bid pdce of $273,225.00, as more particularly set forth in a report of
the City Manager under date of August 5, 1996; and rejecting all other bids received by the City.
Resolution No. 33064-080596 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 5, 1996.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the
abovedescribed item.
Sincerely,
Mary F. Parker, CMClAAE j
City Clerk
MFP:sm
Enc.
H:~AGENOA~AUGU~I'.5
Francis B. Tone, Manager, Customer Service, Atlantic States Cast Iron Pipe Co.
Michael H. Bamber, Manager, Waterworks, Ferguson Enterprises
H. L. Ransom, Vice-President - Marketing, U. S. Pipe and Foundry Co.
Dave Bums, Vice-President, Virginia Water & Waste Supply Co.
August 9, 1996
Page 2
pc:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Gdsso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
M. Craig Sluss, Manager, Water Department
Diane S. Akers, Budget Administrator, Office of Management and Budget
H:~.GENDA~AUGUST. 5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI~&
The 5th day of August, 1996.
No. 33064-080596.
A RESOLUTION accepting the bid of Griffin Pipe Products Company, made to the City for
furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The unit price bid of Griffin Pipe Products Company, made to the City, offering to
supply ductile iron water pipe, for the period of July 1, 1996, to June 30, 1997, meeting all of the
City's specifications and requirements therefor, for the total bid price of $273,225.00, based on
estimated quantities, all as more particularly set forth in the City Manager's report to this Council
dated August 5, 1996, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED.
2. The City's Manager of Supply Management is hereby authorized and directed to issue
the requisite purchase order therefor, incorporating into said order the City's specifications, the terms
of said bidder's proposal, and the terms and provisions of this resolution.
3. Any and all other bids made to the City for the aforesaid procurement 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.
ATTEST:
City Clerk.
Roanoke, Virginia
August 5, 1996
96-342
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: Bids for Ductile Iron Water
Pipe, Bid Number 96-6-44
Background on the subject in chronological order is:
ao
Bids are requested annually, on a fiscal year basis, to furnish and
supply to the City estimate quantities of Ductile Iron Water Pipe.
The quantities are anticipated needs for a period of one ( 1 ) year.
Bo
Funds are available in various Water Department and Capital
Accounts to provide for the purchase of required water pipe.
Co
Specifications were developed and along with request for
quotations were sent to nine (9) vendors that are currently listed
on the City's bid list. A public advertisement was also published
in the Roanoke Times and Roanoke Tribune.
Do
Bids were received, after due and proper advertisement, and were
publicly opened and read in the Office of the Manager of Supply
Management at 2:00 p.m. on June 27, 1996.
II. Current Situation is:
Ao
B0
Five (5) bids were received. A bid tabulation is attached.
All bids were evaluated in a consistent manner by representatives
of the following departments:
Utilities and Operations
Water Department
Supply Management
Ductile Iron Water Pipe
Bid Number 96-6-44
Page 2
III.
Issues in order of importance are:
A. Need
IV.
B. Compliance with Specifications
C. Fundine
Alternatives in order of feasibility are:
Council accept the bid submitted by Griffin Pipe Products
Company to provide Ductile Iron Water Pipe to the City for the
period of one ( 1 ) year.
Need for the requested pipe is to continue to support the
City's water system including installation and repairs.
Compliance with Specifications is met by the response
submitted by Griffin Pipe Products Company.
Funding is available in FY '96-97' adopted operating
Budget to allow for this purchase.
B. Re!ect all Bids.
Need for the continued support of the water system would
not be met by this alternative.
Compliance with Specifications would not be met with this
alternative.
Funding designated for the purchase of water pipe would
not be expended at this time.
Ductile Iron Water Pipe
Bid Number 96-6-44
Page 3
CC:
Recommendation is that Council concur with Altemative "A" and
accept the bid submitted by Griffin Pipe Product Company to provide
Ductile Iron Water Pipe to the City for a period of one ( 1 ) year and
reject all other bids.
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Water Department
Manager, Supply Management
Management & Budget
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., ]une 27, 1996
For
Ductile Iron Water Pipe
Bid Number 96-6-44
Ferguson
Enterprises
U.S. Pipe
and Foundry
Company
Atlantic States
Cast Iron Pipe
Company
Griffin Pipe
Products
Company
Virginia Water
gr. Waste
Supply Co.
1 O0 L. F. - 3" Pipe,
Mechanical Joint
I O0 L. F. - 4" Pipe,
Mechanical Joint
1,000 L. F. - 4" Pipe, Push On
Joint
1 O0 L. F. - 6" Pipe,
Mechanical Joint
3,000 L. F. - 6" Pipe, Push On
Joint
200 L. F. - 8" Pipe,
Mechanical Joint
4,000 L. F. - 8" Pipe, Push On
Joint
1 O0 L. F. - 10" Pipe,
Mechanical Joint
1,000 L. F. - 10" Pipe, Push On
Joint
5.94 ft.
6.60 ft.
5.23 ft.
7.19 ft.
5.39 ft.
9.88 ft.
7.41 ft.
13.10 ft.
9.78 fc
7.60 ft.
6.50 ft.
5.24 ft.
7.26 ft.
5.46 ft.
9.98 ft.
7.55 ft.
13.19 ft.
9.98 ft.
5.76 ft.
6.34 ft.
5.09 ft.
7.08 ft.
5.29 ft.
9.73 ft.
7.31 ft.
12.87 ft.
9.66 ft.
5.65 ft.
6.23 ft.
4.93 ft.
6.85 ft.
5.12 ft.
9.43 ft.
7.04 ft.
12.49 ft.
9.30 ft.
6.01 ft.
6.67 ft.
5.29 ft.
7.27 ft.
5.45 ft.
10.00 ft.
7.49 ft.
13.24 ft.
9.88 ft.
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 27, 1996
For
Ductile Iron Water Pipe
Bid Number 96-6-44
Ferguson
Enterprises
U. S. Pipe
and Foundry
Company
Atlantic States
Cast Iron Pipe
Company
Griffin Pipe
Products
Company
Virginia Water &
Waste Supply
Company
500 L. F. - 12" Pipe,
Mechanical Joint
11,000 L. F. - 12" Pipe,
Push On Joint
1 O0 L. F. - 16" Pipe,
Mechanical Joint
2,500 L. F. - 16" Pipe,
Push On Joint
1,000 L. F. - 20" Pipe,
Push On Joint
16.57 ft. 16.69 ft. 16.27 ft. 15.79 ft. 16.74 ft.
12.49 ft. 12.77 ft. 12.35 ft. 11.89 ft. 12.64 ft.
25.41 ft. 25.45 ft. 24.92 ft. 24.22 ft. 25.68 ft.
19.10 ft. 19.36 ft. 18.83 ft. 18.16 ft. 19.30 ft.
25.20 ft. 25.55 ft. 24.82 ft. 23.96 ft. 25.47 ft.
Total
$287,245.00 $292,561.00 $283,383.00 * $273,225.00
$290,497.00
Committee:
M. Crag Sluss D. Darwin Roupe
* Indicates Recommendation
-2-
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21:5 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (:540) 981-2~541
Fax: (540) 224-314:5
August 9, 1996
File #27-468
SANDRA H. EAKIN
Dcput~ City Clerk
Alchem, Inc.
George S. Coyne Chemical Co., Inc.
Cytec Industries, Inc.
Delta Chemical Corp.
General Chemical Corp.
Jones Chemicals, Inc.
Lucier Chemical Industries, LTD
P. B. & S. Chemical Co., Inc.
Pdllaman Chemical Corp.
Southchem, Inc.
Worth Chemical Corp.
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 33065-080596 accepting the following bids for water and
sewage treatment chemicals for fiscal year 1996-1997, and rejecting all other bids received by the
City:
Item Description Successful Bidder Purchase Pdca
#
1 Liquid Alum General Chemical Corporation $ .347409 per gallon
2 Liquid Chlodne Jones Chemicals, Inc.
150 lb. cylinders $24.00 per cwt
2,000 lb. cylinders $17.00 per cwt
3 Sulfur Dioxide Jones Chemicals, Inc. $400.00 per cylinder
4 Hydrofluo$ilica Acid Lucler Chemical Industries $ .6565 per gallon
5 Sodium Hydroxide Prillaman Chemical Corporation $ .95 per bulk gallon
Jones Chemicals, Inc. $1.65 per non-bulk
gallon
6 Zinc Orthophosphate Pdllaman Chemical Corporation $4.12 per gallon
H:~AGENDA~,UGUSl'.5
Alchem, Inc.
George S. Coyne Chemical Co., Inc.
Cytec Industries, Inc.
Delta Chemical Corp.
General Chemical Corp.
Jones Chemicals, Inc.
Lucier Chemical Industries, LTD
P. B. & S. Chemical Co., Inc.
Prillaman Chemical Corp.
Southchem, Inc.
Worth Chemical Corp.
August 9, 1996
Page 2
7 Polymer, 3ppm Praestol Prillaman Chemical Corporation $3.91 per gallon
8 Sodium Silico Fluoride Prillaman Chemical Corporation $ .245 per lb.
9 Sodium Bi-Sulfite Jones Chemical, Inc. $1.21 per gallon
r
'10 Polymer Catfloc-TL Cytec Industries, Inc. $4.119 per gallon
11 Sodium Fluoride Prillaman Chemical Corporation $ .625 per lb.
12 Hexametaphosphate Pdllaman Chemical Corporation $4.46 per gallon
13 Ferric Chlodde Pdllaman Chemical Corporation $ .42 per gallon
Resolution No. 33065-080596 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, August 5, 1996.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the
abovedescribed water and sewage treatment chemicals.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
pc:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Gdsso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
H:'~AGENDA~AUGUST. 5
Alchem, Inc.
George S. Coyne Chemical Co., Inc.
Cytec Industries, Inc.
Delta Chemical Corp.
General Chemical Corp.
Jones Chemicals, Inc.
Lucier Chemical Industries, LTD
P. B. & S. Chemical Co., Inc.
Pdllaman Chemical Corp.
$outhchem, Inc.
Worth Chemical Corp.
August 9, 1996
Page 3
pc:
M. Craig Sluss, Manager, Water Department
Steven L. Walker, Manager, Water Pollution Control Plant
Diane S. Akers, Budget Administrator, Office of Management and Budget
William F. Clark, Director, Public Works
H:~AGENDA~AUQU~T.5
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRG1NI~
The 5th day of August, 1996.
No. 33065-080596.
A RESOLUTION accepting bids for water and sewage treatment chemicals for fiscal year
1996-1997, and rejecting other bids.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to furnish to the City the items
hereinat~er set out and generally described as needed for the period July 1, 1996, to June 30, 1997,
such items being more particularly described in the report of the City Manager to this Council dated
August 5, 1996, and in the City's specifications and any alternates and in each bidder's proposal, are
hereby ACCEPTED, at the unit purchase prices set out with each item:
Item # Description Successful Bidder Purchase Price
1 Liquid Alum General Chemical Corporation $ .347409 per gallon
2 Liquid Chlorine Jones Chemicals, Inc.
150 lb. cylinders $24.00 per cwt
2,000 lb. cylinders $17.00 per cwt
3 Sulfur Dioxide Jones Chemicals, Inc. $400.00 per cylinder
4 Hydrofluosilica Acid Lucier Chemical Industries $ .6565 per gallon
5 Sodium Hydroxide Prillaman Chemical Corporation $ .95 per bulk gallon
Jones Chemicals, Inc. $1.65 per non-bulk
gallon
6 Zinc Orthophosphate Prillaman Chemical Corporation $4.12 per gallon
7 Polymer, 3ppm Praestol Prillaman Chemical Corporation $3.91 per gallon
8 Sodium Silico Fluoride Prillaman Chemical Corporation $ .245 per lb.
9 Sodium Bi-Sulfite Jones Chemical, Inc. $1.21 per gallon
10 Polymer Catfloc-TL Cytec Industries, Inc. $4.119 per gallon
11 Sodium Fluoride Pfillaman Chemical Corporation $ .625 per lb.
12 Hexametaphosphate Prillaman Chemical Corporation $4.46 per gallon
13 Ferric Chloride Prillaman Chemical Corporation $ .42 per gallon
2. The City's Manager of Supply Management is hereby authorized and directed to issue
the requisite purchase orders for the above-mentioned items, said purchase orders to be made and
filed in accordance with the City's specifications, the respective bids made therefor and in accordance
with this resolution.
3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED,
and the City Clerk is directed to so notify each such bidder and to express to each the City's
appreciation for each bid.
ATTEST:
City Clerk.
Roanoke, Virginia
August 5, 1996
96-344
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Bids for Water and
Waste Water Treatment
Chemicals for FY '96-'97
~ on the subject in chronological order is:
io
Funds are designated in FY '96 -'97 operating budgets for Water
and Water Pollution Control Departments to allow for the
purchase of the chemicals identified herein.
Bid request, with specifications, were specifically sent to twenty-
three (23) Firms that are currently listed on the City's bid list. A
public advertisement was also published in the Roanoke Times
and Roanoke Tribune.
II.
Co
D0
Bids were received, after due and proper advertisement, and
publicly opened and read at 2:00 p.m. on June 25, 1996 in the
Office of the Manager of Supply Management.
The chemicals addressed by this report are necessary for the
appropriate treatment of Water and Waste Water for a period of
One (1) year.
Cost of chemicals on an annual basis, if the estimated quantities
are in fact purchased, would be:
Water Fund:
Sewage Fund:
$337,264
$124,940
Current Situation is:
A. A tabulation of all bids received is attached.
Water and Waste Water Treatment Chemicals
Page 2
Bo
All bids were evaluated in a consistent manner by representatives
of the following departments:
Utilities & Operations
Supply Management
Water Department
Water Pollution Control Plant
Only One (1) Firm responded with a bid on all products. The bid
evaluation resulted in recommendation of award to the lowest
responsible vendors as follows:
Liquid Alum - The lowest bid, submitted by General
Chemical Corporation meets all specifications for the cost
of $.347409 per gallon.
Liquid Chlorine - The lowest bid, submitted by Jones
Chemicals, Inc. meets all specifications for the cost of
$24.00 per cwt. for 150 lb cylinders and $17.00 per cwt.
for 2,000 lb. cylinders.
Sulfu~ - The lowest bids meeting specifications
were tie bids submitted by Two (2) Firms. Roanoke City
Code Section #23.1-14 (b) identifies the method of award
of tie bids shall be broken by lot. That procedure was
conducted and the award based on the lot drawing was
Jones Chemicals, Inc. The cost of the product is $400.00
per cylinder.
Hydrofluosilica Acid - The lowest bid, submitted by Lucier
Chemical Industries (LCI), meets all specifications for the
cost of $. 6565 per gallon.
Sodium Hydroxide - This product requires delivery to Two
(2) locations. The lowest bid, for the Carvins Cove location
in bulk delivery is submitted by Prillaman Chemical
Corporation at a cost of $.95 per gallon. The lowest bid,
for the Falling Creek location is not bulk delivery, is
submitted by Jones Chemicals, Inc. for a cost of $1.65 per
gallon. Both responses meets all required specifications.
Water and Waste Water Treatment Chemicals
Page 3
III.
o
Zinc Orthophosphate - The lowest bid, submitted by
Prillaman Chemical Corporation, meets all required
specifications at a cost of $4.12 per gallon.
o
Pol.vmer. 3ppm Praestol - The lowest bid, submitted by
Prillaman Chemical Corporation, meets all required
specifications at a cost of $3.91 per gallon.
Sodium Silico Fluoride - The lowest bid, submitted by
Prillaman Chemical Corporation, meets all specifications
for a cost of $.245 per lb.
Sodium Bi-Sulfite - The lowest bid, submitted by Jones
Chemicals, Inc., meets all specifications, for a cost of $1.21
per gallon.
10.
Polymer Catfloc-Tl, - The lowest bid, submitted by Cytec
Industries, Inc. meets all specifications for a cost of $4. ! 19
per gallon.
11.
Sodium Fluoride - The lowest bid, submitted by Prillaman
Chemical Corporation, meets all required specifications for
a cost of $.625 per lb.
12.
Hexametaphosphate - The lowest bid, submitted by
Prillaman Chemical Corporation, meets all required
specifications, for a cost of $4.46 per gallon.
13.
Ferric Chloride - The lowest bid, submitted by Prillaman
Chemical Corporation, meets all required specifications,
per a cost of $.42 per gallon.
Issues in order of importance are:
A. Need
B. Compliance with Specifications
Water and Waste Water Treatment Chemicals
Page 4
C. Fundine
IV. Alternatives in order of feasibility are:
Ao
Accept the lowest responsible bids for supplying to the City of
Roanoke the annual requirements for water and waste water
treatment chemicals for a period of One ( 1 ) year.
~ to be provided by General Chemical
Corporation at a cost of $.347409 per gallon.
Liquid Chlorine to be provided by Jones Chemicals, Inc. at
a cost of $24.00 per cwt. for 150 lb. cylinders and $17.00
per cwt. For 2,000 lb. cylinders.
°
Sulfur Dioxide to be provided by Jones Chemicals, Inc. at a
cost of $400.00 per cylinder.
Hydrofluosilica Acid to be provided by Lucier Chemical
Industries (LCI) at a cost of $.6565 per gallon.
5. Sodium Hydroxide to be provided as follows:
a°
Bulk delivery from Prillaman Chemical Corporation
at a cost of $.95 per gallon.
Non bulk delivery from Jones Chemicals, Inc. at a
cost of $1.65 per gallon.
Zinc Orthophosphate to be provided by Prillaman
Chemical Corporation at a cost of $4.12 per gallon.
o
Pol.vmer, 3ppm Praestol to be provided by Prillaman
Chemical Corporation at a cost of $3.91 per gallon.
o
Sodium Silico Fluoride to be provided by Prillaman
Chemical Corporation at a cost of $.24~ per lb.
Water and Waste Water Treatment Chemicals
Page 5
10.
11.
12.
13.
Sodium Bi-Sulfite to be provided by Jones Chemicals, Inc.
at a cost of $1.21 per gallon.
Pol.vmer Catfloc-TIJ to be provided by Cytec Industries,
Inc. at a cost of $4.119 per gallon.
Sodium Fluoride to be provided by Prillaman Chemical
Corporation at a cost of $.625 per lb.
Hexametaphosphate to be provided by Prillaman Chemical
Corporation at a cost of $4.46 per gallon.
Ferric Chloride to be provided by Prillaman Chemical
Corporation at a cost of $.42 per gallon.
ao
bo
Need of the requested chemicals will allow for the
appropriate treatment of water and waste water.
Compliance with Specifications are met by all
vendors recommended by this alternative.
Funding is available in the Water Department and
Water Pollution Control Plant FY '96-'97 budgets.
B. Re!ect all bids.
1.
Need for necessary treatment of water and waste water
would not be accomplished by this alternative.
Compliance with Specifications would not be a factor in
this alternative.
Ve
Funding budgeted for water and waste water treatment
chemicals would not be expended.
Recommendation is for City Council to concur with Altemative "A" -
accept the lowest responsible bids for water and waste water treatment
chemicals as follows:
Water and Waste Water Treatment Chemicals
Page 6
10.
11.
12.
Liquid Alum provided by General Chemical Corporation at
a cost of $.347409 per gallon.
Liquid Chlorine to be provided by Jones Chemicals, Inc. at
a cost of $24.00 per cwt. For 150 lb. cylinders and $17.00
per cwt. for 2,000 lb. cylinders.
Sulfur Dioxide to be provided by Jones Chemicals, Inc. at a
cost of $400.00 per cylinder.
Hydrofluosilica Acid to be provided by Lucier Chemical
Industries (LCI) at a cost of $.6565 per gallon.
Sodium Hydroxide to be provided in bulk by Prillaman
Chemical Corporation at a cost of $.95 per gallon and non
bulk by Jones Chemicals, Inc. at a cost of $1.65 per gallon.
Zinc Orthophosphate to be provided by Prillaman
Chemical Corporation at a cost of $4.12 per gallon.
Pol.vmer, 3ppm Praestol to be provided by Prillaman
Chemical Corporation at a cost of $3.91 per gallon.
Sodium Silico Fluoride to be provided by Prillaman
Chemical Corporation at a cost of $.245 per lb.
Sodium Bi-Sulfite to be provided by Jones Chemicals, Inc.
at a cost of $1.21 per gallon.
Polymer Catfloc-Tl. to be provided by Cytec Industries,
Inc. at a cost of $4.119 per gallon.
Sodium Fluoride to be provided by Prillaman Chemical
Corporation at a cost of $.625 per lb.
Hexametaphosphate to be provided by Prillaman Chemical
Corporation at a cost of $4.46 per gallon.
Water and Waste Water Treatment Chemicals
Page 7
CC:
13.
Ferric Chloride to be provided by Prillaman Chemical
Corporation at a cost of $.42 per gallon.
B. Reject all other bids.
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
City Cleric
Director of Utilities & Operations
Manager, Water Department
Manager, Water Pollution Control Plant
Management & Budget
Manager, Supply Management
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Liquid Alum
Bid Number 96-6-27
Delta Chemical
Corporation
Cytec Industries, Alchem, Prillaman General
Inc. Inc. Chemical Chemical
Corporation Corporation
Furnish and deliver,
F.O.B. Carvins Cove
Filter Plant, Hollins,
Virginia Liquid Alum
in 3,500 gallon
tanker load lots
.48252 gal.
.44 gal. .36449 gal. .396 gal. * .347409 gal.
Furnish and deliver
Liquid Alum F.O.B.
Falling Creek Filter
Plant
No Bid
.44 gal. .36449 gal. No Bid
*.3474O9 gal.
Delivery
2-3 Days 3-5 Days 3 Days 1-2 Days 1-2 Days
Committee
Kit B. Kiser
M. Craig Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-1-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., lune 25, 1996
For
Liquid Chlorine
Bid Number 96-6-28
Prillaman Chemical
Corporation
Jones Chemicals,
Inc.
Delta Chemical
Corporation
P. B. & S. Chemical
Company, Inc.
Water Department
170 - 150 lb.
Cylinders
102 - 2,000 lb.
Cylinders
39.50 cwt * 24.00 cwt No Bid 38.00 cwt
17.55 cwt * 17.00 cwt 17.946 cwt
19.35 cwt
Sewage Treatment
Plant
140- 1 ton Cylinders
17.55 curt * 17.00 cwt 17.946 cwt
19.35 cwt
Delivery 1-2 Days 2-3 Days 3 Days 5 Days
Committee:
Kit B. loser
M. Craig Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-2-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Sodium Silico Fluoride
Bid Number 96-6-29
Prillaman Chemical
Corporation
P.B. & S. Chemical
Company, Inc.
Southchem, Jones Chemicals,
Inc. Inc.
Furnish and deliver F.O.B.
Crystal Springs Filter Plant,
2006 S. Jefferson Street,
Sodium Silico Fluoride in 50
lb. multi wall bags
* .245 lb. .38 lb. .249 lb. .285 lb.
Delivery
1-2 Days 5 Days 3-5 Days 2-3 Days
Committee:
Kit B. Kiser
M. C~ig Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Sulfur Dioxide
Bid Number 96-6-31
Jones Chemicals,
Inc.
P. B. & S. Chemical
Company, Inc.
Prillaman Chemical
Corporation
Furnish and deliver, F.O.B.
Sewage Treatment Facility,
Sulfur Dioxide estimated
quantity 140 tons, in 1 ton
cylinders
* 400.00 cylinder
400.00 cylinder
450.00 cylinder
+ 750.00 deposit
Delivery 2-3 Days 5 Days 1-2 Days
Committee:
Kit B. Kiser
M. Craig Sluss Steven L. Walker D. Darwin R---~upe
* Indicates Recommendation
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Sodium Hydroxide
Bid Number 96-6-32
Jones Southchem, P.B. & S. Prillaman Worth
Chemicals, Inc. Inc. Chemical Chemical Chemical
Company, Inc. Corporation Corporation
Furnish and deliver,
F.O.B. Carvins Cove
Filter Plant, Sodium
Hydroxide 9ppm 50%
estimated quantity
87,500 gallons
1.122 gal. 1.039 gal. 1.01 gal. * .95 gal. 1.02 gal.
Furnish and deliver
F.O.B. Falling Creek
Filter Plant, Sodium
Hydroxide 9ppm 50%
estimated quantity 4,000
gallons delivered in 330
gal. tote bins
* 1.65 gal. No Bid 1.75 gal. No Bid 1.83 gal.
Delivery
2-3 Days 3-5 Days 5 Days 1-2 Days 3 Days
Committee:
Kit B. Kiser c~Vl. Craig°Sluss''''''~ Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-5-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Hydrofluosilica Acid
Bid Number 96-6-33
Fumish and deliver, F.O.B. Carvins
Cove Filter Plant, Hollins, Virginia
Hydrofluosilica Acid, lppm
estimated quantity 36,000 gallons
Prillaman Chemical
Corporation
Lucier Chemical
Industries, LTD
.70 gal. * .6565 gal.
Delivery
1-2 Days 2-3 Days
Committee:
Kit B. Kiser
~,,,c.(.,/-o~/~e/,./~'~
M. Craig Sluss
* Indicates Recommendation
Steven L. Walker D. Darwin Roupe
-6-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Sodium Bi-Sulfite
Bid Number 96-6-34
Southchem, Jones Chemicals,
Inc. Inc.
Prillaman Chemical
Corporation
Furnish and deliver F.O.B. Carvins
Cove Filter Plant, Hollins, Virginia,
Sodium Bi-Sulfite, estimated quantity
2,500 gallons
1.39 gal. * 1.21 gal. 1.05 gal.
+ 50.00 deposit
per drum
Delive .ry
3-5 Days 2-3 Days 1-2 Days
Committee:
Kit B. Kiser
· Craig Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-7-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Zinc Orthophosphate
Bid Number 96-6-35
Southchem, Inc.
Prillaman Chemical
Corporation
Furnish and deliver F.O.B. Carvins
Cove Filter Plant, Hollins, Virginia
Zinc Orthophate, 3ppm, estimated
quantity 15,500 gallons
4.365 gal. * 4.12 gal.
Delivery 3-5 Days 2 Days
Committee:
Kit B. Kiser
M. Crag Sluss
* Indicates Recommendation
-8-
Steven L. Walker D. Darwin Roupe
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Polymer, 3ppm Praestol
Bid Number 96-6-36
George S. Coyne
Chemical Company, Inc.
Cytec Industries, Inc.
Prillaman Chemical
Corporation
Furnish and deliver, F.O.B.
Carvins Cove Filter Plant,
Hollins, Virginia Polymer
3ppm Praestol, estimated
quantity 11,000 gallons
4.69 gal. 4.119 gal. * 3.91 gal.
Delivery 5-7 Days 3-5 Days 1-2 Days
Committee:
Kit B. Kiser
M. Cra/~g Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-9-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Polymer Catfloc-TL
Bid Number 96-6-37
Cytec Industries,
Inc.
Prillaman Chemical
Corporation
Furnish and deliver, F.O.B. Falling
Creek Filter Plant, Polymer
Catfloc-TL, estimated quantity 550
gallons
* 4.119 gal. 4.80 gal.
Delivery 3-5 Days 1-2 Days
Committee:
Kit B. I(Js~r
M. Crag Sluss . D. Darwin Roupe
* Indicates Recommendation
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Sodium Fluoride
Bid Number 96-6-39
Southchem,
Inc.
Jones Chemicals, P.B. & S. Chemical Prillaman Chemical
Inc. Corporation Corporation
Furnish and deliver, F.O.B.
Falling Creek Filter Plant
Sodium Fluoride, estimated
quantity 5,000 lbs.
delivered in 50 lb. Bags
Delivery
.675 lb. .675 lb. .75 lb. * .625 lb.
3-5 Days 2-3 Days 5 Days 1-2 Days
Committee:
Kit B. Kiser
~'~~ ~x
M. C~ig Sluss
* Indicates Recommendation
Steven 1. Walker D. Darwin Roupe
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Hexametaphosphate
Bid Number 96-6-40
Prillaman Chemical
Corporation
Southchem,
Inc.
Furnish and deliver F.O.B. Falling
Creek Filter Plant,
Hexametaphosphate, estimated
quantity 2,000 gallons delivered in
8/35 gallon drums
* 4.46 gal. 6.44 gal.
Delivery
1-2 Days 3-5 Days
Committee:
~Kit B.
M. C~ig Sluss Steven L. Walker D. Darwin Roupe
* Indicates Recommendation
-12-
Bid Tabulation
Bids received and opened in the Office of Supply Management, 2:00 p.m., June 25, 1996
For
Ferric Chloride
Bid Number 96-6-42
Furnish and deliver F.O.B., Sewage Treatment
Plant, Roanoke, Virginia, Ferric Chloride, estimated
quantity 50,000 gallons
Alchem, Inc.
Prillaman Chemical
Corporation
.515 gal. * .42 gal.
Delivery.
3 Days 1-2 Days
Committee:
· Kiser
M. CraCt/g Sluss
* Indicates Recommendation
Steven L. Walker D. Darwin Roupe
-13-
Mary F. Parker, CMCIAAE
city C~erk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
August 9, 1996
File ~9
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33066-080596 authorizing an Amendment to the
January 28, 1987, Contract between the City of Roanoke, the County of Roanoke, and the
Roanoke Regional Airport Commission to reduce the number of enplanement surveys
required to be undertaken by the Airport Commission, upon certain terms and conditions.
Resolution No. 33066-080598 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 5, 1996.
MFP:sm
Enc.
Sincerely,
City Clerk
H:~AGENDA~AUGUST. 5
W. Robert Herbert
City Manager
August 9, 1996
Page 2
pc:
Bob Johnson, Chairperson, Roanoke Regional Airport Commission, P. O. Box
29800, Roanoke, Virginia 24018-0798
Elmer C. Hodge, County Administrator, County of Roanoke, 5204 Bernard Drive,
S. W., Roanoke ,Virginia 24018
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation
Drive, N. W., Roanoke, Virginia 24012
Catherine S. Pendleton, Secretary, Roanoke Regional Airport Commission, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
VVilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
H:~AGENDA~AUGUST. 5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33066-080596.
A RESOLUTION authorizing an Amendment to the January 28, 1987,
Contract between the City of Roanoke, the County of Roanoke, and
the Roanoke Regional Airport Commission to reduce the number of
enplanement surveys required to be undertaken by the Airport
Commission, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager and the City Clerk are hereby authorized to execute
and attest, respectively, in form approved by the City Attorney, an
Amendment to the January 28, 1987, Contract between the City of
Roanoke, the County of Roanoke and the Roanoke Regional Airport
Commission, to reduce the number of enplanement surveys required to
be undertaken to two per year unless the participating political
subdivisions have approved a year end operating deficit and/or any
proposed capital expenditure costs or expenses associated with any
capital expenditure which will be allocated to the participating
political subdivisions.
ATTEST:
City Clerk.
August 5, 1996
Council Report #96-343
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Amendment to January 28, 1987, Contract regarding
Enplanement Surveys for Roanoke Regional Airport
I. BACKGROUND:
mo
Enplanement Surveys are currently required to be performed six (6)
times per year per the subject contract and as outlined in the attached
July 3, 1996, letter from Airport Commission Executive Director
Jacqueline Shuck.
Bo
Commission desires to amend the 1987 contract to reduce the number
of required surveys from six (6) per year to two (2) per year.
II. ISSUES:
A. Cost avoidance
III.
B. Frequency of required surveys
ALTERNATIVES:
Council authorize a chanee to the 1987 contract between the Roanoke
Regional Airport Commission, Roanoke County, and the City of
Roanoke to require only two (2) enplanement surveys on those years
when no year-end operating deficit is anticipated.
1. Cost avoidance for unnecessary surveys will occur.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 2
August 5, 1996
2. Frequency of required surveys will still be adequate.
Bo
Council refrain from authorizing a reduction in the required number of
enplanement surveys.
1. C~>st avoidance will not occur.
Frequency of required surveys will continue to be more than
adequate.
IV.
RECOMMENDATION: Council authorize an amendment to the January 28,
1987, contract to permit the reduction of required annual enplanement
surveys under certain conditions in accordance with Alternative A.
Respectfully,
W. Robert Herbert
City Manager
WRH/KBK/hw
Jacqueline Shuck, Airport Executive Director
K. B. Kiser, Commissioner
Elmer C. Hodge, Roanoke County Administrator
Wilbum C. Dibling, City Attorney
James D. Grisso, Director of Finance
Mary Parker, City Clerk
Roanoke Regional Airport Comrni.~i'"'~
,,5202 Aviation Drive
k-oanoke. Virginia 2401~.1148
(r:~,o) ~62-~ 999
~uly 3, 19~6
mtubea gix pusmge~ storeys m be conductal each fiacal year ~ ~ m ~ ~e n~
of ~ ~g~. ~ ~w ~~ m~ ~ ~fi~ ~ ~d ~y ~ ~ ~ ~ ~
~mt ~ ~ ~ ~t ~ w~ ~ ~ and ~n~ ~ ~ ~ ~~ ~~y
~a~~. ~~~~~~w~~u~h~p
In order Ix) reduce ~ corn ~ the~ and the lzug~ investmcnt of
time by Commission staff, it would be preferable to pedonn only two such surveys on an agnual
using thc facility. However, in any fiscal year when a budget with a projected oper.*{%- deficit
paxticipmio~ by the City lind Oxmty h.. been spproved, then mix mm',,eym ~hould m~z .g.i,~ bc
conducted in order to mine definitely cmblish the number of County passengers and thc basis
for the County's fL*m~lal pmicipation.
~. W. Robe~ m~bm
Idy 3, 1996
Page Two
RESOL~ION OF THE ROANOKE REGIONAL AIRPORT COMblISSION
Adopted this 20th day of March, 1996
A RESOLUTION authorizing an An~mime. nt to latmaty 28, 1987 conix-act between tim
City, the County, and the Commiss~n to rezluce th~ nmnber of requimt enp~ surveys,
upon cemmain tm'ms and conditions.
BE IT RESOL~ by tT~ Roanoke Regional AizIxaX Commission that, subject to approval
of such ammtlment by the Council ofthn City of Roanok~ and thn Roanolm County Board of
form at. roved b~ C, em-al Counsul, an amumamt m tl~ ~ontr~t ~ th~ city, the County,
to ~ Commission by thc Execulive Directur dstmi March 20, 1996.
AYE.q: Kiss, Tuna:r, Wltitl~ltor, Jolamm
[rAY3: Non~
ABSENT: Smith
Mary F. Parker, CMCIAAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy C~y C~r~
August 9, 1996
File #29-60-330-467
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33067-080596 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing for the transfer of
$23,086.00, for payment of the City's pro rata share of governmental electric rate
negotiation expenses. Ordinance No. 33067-080596 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, August 5, 1996.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Eric.
H:~AGENDA~AUGUST. 5
james D. Grisso
Director of Finance
August 9, 1996
Page 2
pc:
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City
Public Schools
W. Robert Herbert, City Manager
Diane S. Akers, Budget Administrator, Office of Management and Budget
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
H:~AGENOA~UGUS"F.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 1996.
No. 33067-080596.
1996-97 General
emergency.
WHEREAS,
AN ORDINANCE to amend and reordain certain sections of the
Fund Appropriations, and providing for an
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 1996-97 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
XDs os iations
General Government
Director of Utilities and Operations (1) ..........
Nondepartmental
Contingency - General Fund (2) ....................
$ 10,144,260
170,224
$ 53,868,019
370,638
1) Fees for
Professional
Services
2) Contingency
(001-056-1250-2010)
(001-002-9410-2199)
$ 23,086
(23,086)
BE IT FURTHER ORDAINED that, an emergency existing, this'
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
August 5, 1996
Report No. 96-345
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Governmental Electric Rate Negotiations and
Fee Proration
I. Background:
Governmental electric rates have been established
through contract negotiations for three year term
increments since 1974.
B. Type of rates are:
De
2.
3.
4.
Schools
Pumping (water and sewage)
Other (general government)
Street lighting - The City of Roanoke, contrary to
some smaller localities, has a separate contract
for street lighting, however, rates are tied to
the general usage contract
Current contract rates for schools, pumping, street
lighting, and general government were due for
consideration for change as of July 1, 1996.
Electric Company (APCO) recommended maintaining the
current rate structure over the proposed new three year
term of July 1, 1996 thru June 30, 1999.
Potential for a rate decrease is believed to exist.
This potential can only be developed through an
exchange of information between representatives of APCO
and expert rate personnel representing us.
City has historically ~oined with other citiest towns
and counties served by APCO to negotiate as a block
unit through the Virginia Municipal League (VML) and
Virginia Association of Counties (VACO).
Representatives for the City on the Electrical Rate
Steering Committee include the City Attorney and the
Director of Utilities and Operations with additional
staff support as required.
Page 2
He
Ail negotiations are subject to final approval of City
Council.
Council has authorized expenditures in FY 1997 for
electrical energy as follows:
General Government
Water & Sewer Funds
Schools
$2,542,375
$ 893,500
$1,352,230
Organizational meeting of the Steering Committee was
held in Roanoke on June 4, 1996.
II. Current Situation:
A. Rate negotiations have begun.
B. Proposed rate increase amount is being evaluated.
Ce
Assessment to pay for rate experts retained through the
VML and VACO has been received from the VML in the
amount of $23~086. Attached is a self-explanatory
letter from the negotiating committee chairman and
assessment from VACO. The last general assessment was
in 1993 in the amount of $28,511.
Funds~ if any~ left over will be retained and properly
accounted for, by the VML for negotiations. An
additional assessment will be made if there is a short-
fall of funds.
III. Issues in order of consideration:
A. Services rendered
B. Payment for services
C. Return for services rendered
IV. Alternatives:
A. Council authorize:
The payment of $23~086 to VACO as the City's
pro rata share of rate negotiation expenses.
ii.
The transfer of $23,086 from Contingency
Account No. 001-002-9410-2199 to Director of
Utilities & Operations Fees for Professional
Services Account No. 001-056-1250-2010.
Page 3
Services rendered for rate negotiations will
continue·
Payment for services will be authorized and
funded.
Return for services rendered is expected to exceed
the expenses.
B. Council refrain from authorizing payment to the VACO.
Services rendered will cease unless paid by
another locality or unless Council chooses for the
City to contract directly rather than as part of
the block through the VML and VACO.
2. Payment of services will not be made.
3. Return for services rendered will be a moot issue.
V. Recommendation:
Council authorize the following:
Payment of the City's pro rata assessment in accordance
with Alternative "A".
Transfer and encumbrance of $23,086 from Contingency
Account No. 001-002-9410-2199 to Director of Utilities
& Operations Fees for Professional Services Account No.
001-056-1250-2010.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:afm
Attachment
cc:
City Attorney
Director of Finance
Director of Public Works
School Superintendent
MEMORANDUM
TO:
FROM:
DATE:
RE:
County Administrators and City/Town Managers
in AEP Service Territory
Kit B. Kiser, Director of Public Utilities,
City of Roanoke, Chairman of VML/VACO APCO
Steering Committee
June 27, 1996
VML/VACO APCo Negotiations Assessments
As you know, your locality's contract with Appalachian Power
Company (now known as American Electric Power (AEP)) expires June
30, 1996. We finally received AEP's proposal for the new
contract period. AEP proposes a three year contract with rates
frozen at their present level (exclusive of the fuel adjustment
clause) for this three-year period. We believe, however, that a
rate reduction is appropriate. AEP also proposes that we
consider an optional demand billing rate which would be available
to individual accounts, subject to certain limitations. We
believe this should be explored also.
An organizational meeting of the VML/VACO APCo Steering
Committee was held on June 4, 1996 in Roanoke. The Steering
Committee voted to pursue negotiations with AEP and to seek funds
from each locality to cover the expenses of a utility consultant,
legal fees and other expenses associated with negotiations. Each
local government is asked to contribute its proportionate share
of $125,000 based on the proportionate electricity usage for its
locality (exclusive of street lights). Funds not used during
these negotiations will be retained by the Virginia Association
of Counties in a separate interest bearing account for future
negotiations. Enclosed is an invoice reflecting your locality's
share of negotiating expenses. It would be helpful to have your
locality's remittance prior to August 30, 1996.
In the past, as a result of the Steering Committee's
efforts, each local government has always received a savings in
its electricity costs far greater than its share of negotiating
expenses. For example, during the last negotiations in 1993,
APCo initially proposed a rate increase of $4'.4 million over a
three year period. Final rates negotiated increased rates by
$1.37 million over a three year period; a savings of more than $3
million as a result of the negotiation process. This saving was
approximately 29 times the cost of the negotiations. It is
believed that local governments will again experience a high
return from their investment in the negotiation expenses.
-over-
Local governments benefit greatly from speaking with "one
voice" during negotiations with AEP. It is to our collective
benefit to continue negotiations in this manner. We hope your
locality will choose to pay its proportionate share of the
expenses and not just reap the benefit of the work of other local
governments.
The consultant, Steven Ruback of The Columbia Group, Inc.
has begun obtaining information from AEP with which to make a
detailed analysis. A Steering Committee meeting is scheduled for
August 9 to review his findings. Local governments are
encouraged to actively participate in the Steering Committee
meetings and communicate any concerns or questions which should
be discussed with AEP.
If you have any questions regarding, the assessment or
negotiations, please do not hesitate to call Flip Hicks at (804)
343-2505, Howard Dobbins or Sarah Hopkins Finley at (804) 643-
1991 or me at (540) 981-2602.
Enclosure
CC:
Mr. R. Michael Amyx
Mr. James Campbell
Howard W. Dobbins, Esquire
Sarah Hopkins Finley, Esquire
C. F. Hicks, Esquire
Steering Committee Members
0265187.01
- 2
TO:
OLD crrY HN.L
10~' EAST BROAD ST., SUIfE LL-20
RI~CHMOND, VA 23219-1901
(804)7886652 (FAX)/88-0063
CITY OF ROANO[E
ATTN: ACCOUNTS PAYABLE
21~ CHURCH AVENUE, SV ~M 4~6
ROANOEE VA 24011
F.LN.#54--OS$5622
INVOICE
020~2~
/'~ SALESPERSON I DATE OF INVOICE
I 7/2/96
SHIP TO
199~ APCO
'.5 P 3 :~4
;.~COUNT NO. DATE SHIPPED SHIPPEDVIA
"UANTITY
COLIP. P. F.O.B. POINT
I
DESCRIPTION
Amer, Electric Pover Assessments '96
TERMS
YOUR ORDER NUMBER
UNIT PRICE
~lnoe your JurlodlGtion ~vlli benefit from
tl~oe neOotlatlono, we hope you will pay
this Involoe am your fadr ehare of the
Pteeee make your or.ok I~W~IM~~
Subtot&l
TOTAL
AMOUNT
23086.00
23086.00
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy city C~erk
August 9, 1996
File #236-304
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33069-080596 authorizing acceptance of a grant
from the Virginia Department of Juvenile Justice, in the amount of $27,084.00, to continue
coordinated planning and program implementation of the Office on Youth, and authorizing
execution of any and all necessary documents to comply with the terms and conditions of
the grant and applicable laws, regulations, and requirements pertaining thereto.
Resolution No. 33069-080596 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, August 5, 1996.
Sincerely,
Mary F. P~irker, CMC/AAEJ
City Clerk
MFP:sm
Enc.
H:~AGENDA~AUGUST.5
W. RolSert Herbert
City Manager
August 9, 1996
Page 2
pc: ·
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Glenn D. Radcliffe, Director, Human Resources
Marion Vaughn-Howard, Youth Coordinator
Diane S. Akers, Budget Administrator, Office of Management and Budget
Vickie S. Tregubov, Grants Compliance Monitor
H:~AOENDA~,UGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33069-080596.
A RESOLUTION authorizing acceptance of a grant from the
Virginia Department of Juvenile Justice on behalf of the City to
continue coordinated planning and program implementation of the
Office on Youth, and authorizing execution of any and all necessary
documents to comply with the terms and conditions of the grant and
applicable laws, regulations, and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant from the Virginia Department of Juvenile
Justice, in the amount of $27,084.00, to continue coordinated
planning and program implementation of the Office on Youth, as set
forth in the City Manager's report dated August 5, 1996, is hereby
ACCEPTED.
2. W. Robert Herbert, City Manager, or his designee, is
hereby authorized to execute any and all requisite documents
pertaining to the City's acceptance of this grant and to furnish
such additional information as may be required in connection with
the City's acceptance of the foregoing grant. All documents shall
be approved by the City Attorney.
ATTEST:
City Clerk.
H:\RES~R-YOUTH.~
Mary F. Parker, CMCIAAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
~puty c~y Ck~rk
August 9, 1996
File f~60-236-304
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33068-080596 amending and reordaining certain
sections of the 1996-97 Grant and General Fund Appropriations, providing for
appropriation and the transfer of funds in connection with execution of the appropriate
documents to accept a grant from the State Department of Juvenile Justice for continuation
of the Office on Youth. Ordinance No. 33068-080596 was adopted at a regular meeting
of the Council of the City.of Roanoke held on Monday, August 5, 1996.
Sincerely,
Mary F. Parker, CMCIA~E
City Clerk
MFP:sm
Enc.
H:~AGENDA~AUGUST.5
.James D. Grisso
~Director of Finance
August 9, 1996
Page 2
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Resources
Marion Vaughn-Howard, Youth Coordinator
Diane S. Akers, Budget Administrator, Office of Management and Budget
Vickie S. Tregubov, Grants Compliance Monitor
H:~AGEND~AUGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 1996.
No. 33068-080596.
AN ORDINANCE to amend and reordain certain sections of the
1996-97 Grant and General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1996-97 Grant and General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Appropriations
Health and Welfare
Youth Services Grant FY97 (1-3) ...................
Revenue
Health and Welfare
Youth services. Grant FY97 (4-5) ...................
General Fuu~.
ApproDriation~
General Government
Director of Human Development (6) .................
Nondepartmental
Transfers to Other Funds (7) ......................
1) Regular Employee
Salaries (035-054-8834-1002) $ 49,359
2) Training and
Development (035-054-8834-2044) 1,400
$ 3,007,154
59,582
$ 3,007,154
59,582
$ 10,118,304
195,657
$ 53,893,975
53,754,976
· 3) Special Projects (035-054-8834-2034) $
4) State Grant
Revenue
5) Local Match
6) Temporary Wages
7) Transfer to
Grant Fund
(035-035-1234-7221)
(035-035-1234-7222)
(001-054-1270-1004)
(001-004-9310-9535)
8,823
27,084
32,498
(2,870)
2,870
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
I. Background:
Roanoke, Virginia
August 5, 1996
#96-556
Continuation of Office on Youth Grant
Grant first officially awarded to City under Virginia Delinquency
Prevention and Youth Act on June 17, 1980.
FY 96-97 youth grant application was submitted to the Department of
Juvenile Justice in May, 1996.
Grant will provide for continuation of coordinated planning and
program implementation of the Office on Youth.
FY 96-97 grant budget is as follows:
Budget State Local Cash
Category Funds Match TOTAL
Personnel $27,084 $22,275 $49,359
Travel 0 1,400 1,400
Supplies & Other
Oper. Expenses
0 8,823 8,823
TOTAL $27,084 $32,498 $59,582
Local cash match was included in the FY 96-97 Human Development
budget.
Department operational budget is level funded with the exception of
the salary and benefit category. Additional funding necessary for
salary and benefit and the continuing decrease in state funding causes
the City to increase match funding. The 1995-96 state appropriation
for the Roanoke City Office on Youth was $29,083.00 compared to
this year's appropriation of $27,084.00.
Office on Youth Grant
Report #96-556
Page 2
II.
III.
IV.
Current Situation:
Council acceptance of the state grant award and appropriation of the local
cash match are required before the appropriate city officials can execute the
required documents to receive the state funds.
Issues:
A. Cost
B. Continuity
C. Staff
Alternatives:
Authorize the City Manager or his designee to execute the appropriate
document to accept the state grant.
Cost (local) for Office on Youth in FY 96-97 is $32,498.00 of
which $29,628.00 has been appropriated in the FY 96-97
budget in account 001-004-9310-9535. Additional cost match
of $2,870.00 is available in account 001-054-1270-1004,
Human Development's Temporary Employee Wages.
2. Continuity of program would be maintained.
Staff, consisting of Youth Planner, will continue under the
direction of the Director of Human Development.
B. Do not authorize the City Manager to accept the state grant.
1. Cost would not be an issue at this time.
2. Continuity would be questionable.
Staff, consisting of Youth Planner, and the services provided
would be contingent upon the availability of another funding
source.
Office on Youth Grant
Report #96-556
Page 3
V. Recommendation:
It is recommended that City Council adopt Alternative A which will authorize
the following:
Accept the State Department of Juvenile Justice grant and authorize
the City Manager to execute any grant agreement and related
documents on behalf of the City.
Appropriate $59,582.00 to revenue and expenditure accounts to be
established in the Grant Fund by the Director of Finance for the
program ($27,084.00 will be funded by the State Department of
Juvenile Justice).
Transfer $29,628.00 from account number 001-004-9310-9535,
Transfer to Grant Fund, and $2,870.00 from account number 001-
054-1 270-1004, Human Development's Temporary Employee Wages,
to the Grant Fund as the City's cash match to operate the program for
FY 96-97.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/MVH/mm
CC:
City Attorney
Director of Finance
Office of Management & Budget
Director of Human Development
Youth Planner
Mary F. Parker, CMCIAAE
ci~ c~rk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
~p.ty ci~ Cb~k
August 9, 1996
File ~60-72-304
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33070-080596 amending and reordaining certain
sections of the 1996-97 General. and Grant Fund Appropriations, providing for
reappropriation of fdnds previously appropriated in the fiscal year 1995-96 General Fund
budget for the Sanctuary-Family Oriented Group Homes Program. Ordinance No.
33070-080596 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, August 5, 1996.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc.
H:~AGENOA~AUGUST.5
~ames D. Grisso
Director of Finance
August 9, 1996
Page 2
pc:
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Resources
Andrea B. Krochalis, Manager, Crisis Intervention Center
Diane S. Akers, Budget Administrator, Office of Management and Budget
Vickie S. Tregubov, Grants Compliance Monitor
H:~AGENDA'~AUGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 1996.
No. 33070-080596.
AN ORDINANCE to amend and reordain certain sections of the
1996-97 General and Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1996-97 General and Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
General Fund
Appropriations
Nondepartmental.
Transfers to Other Funds (1) ......................
Fund Balance
Capital Maintenance and Equipment Replacement
Program - City Unappropriated (2) ...............
Grant Fund
Appropriations
Health and Welfare
Family Oriented Group Home (FOGH)
Revenue
Health and Welfare
Family Oriented Group Home (FOGH)
1) Transfer to Grant Fund
(3) .............
(4) .............
(001-004-9310-9535) $ 62,278
$ 53,930,297
524,466
$ 6,509,915
$ 3,108,563
62,278
$ 3,108,563
62,278
2) CMERP - City
Unappropriated(O01-3323)
3) FOGH (035-054-5141-3160)
4) FOGH (035-035-1234-7224)
( 62,278)
62,278
62,278
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
August 5, 1996
RepOrt #96-557
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Mayor and Members of Council:
SUBJECT: Re-Appropriation of Funds Previously Appropriated in
Fiscal Year 1995-96 General Fund Budget
I. BACKGROUND
ae
City of Roanoke receives funds from the Department of
Juvenile Justice to administer a Family Oriented Group
Homes (FOGH) program for children in need of therapeutic
residential placement while remaining in their parent's
custody.
The program is administered through the Crisis
Intervention Center and is known as the Sanctuary-
FOGH Program. Currently there are three homes
open.
The City Council action is needed to appropriate
the additional funding to the departments.
II. CURRENT SITUATION
ao
The year-end unobligated balance for the FOGH program for
fiscal year 1995-96 was $62,278.
The Code of Virqinia Section 16.1-322.2 allows
localities to carry forward unspent balances at
fiscal year-end to be utilized for juvenile
programs.
III. ISSUES
Bedspace--an increased need for therapeutic placement
exists in the community.
A waiting list of six to thirty children often
exists for placement at the Crisis Intervention
Center.
Current programs do not provide for all adolescents
in need of services.
Budget--planned placements for the youth in this program
will be accomplished.
Re-Appropriation of Funds
Report #96-557
Page 2
ALTERNATIVES
City Council authorize the appropriation of funding from
the year-end unobligated fund balance of fiscal year 95-
96 for the Sanctuary FOGH program.
1. Bedspace-increased bedspace will be available to
adolescents and the human services delivery system
through the FOGH program.
2. Budget-all funds have been received by the city.
City Council does not authorize the appropriation of
funding from the year-end unobligated balance of fiscal
year 95-96 for the Sanctuary FOGH program.
1. Bedspace - a waiting list will continue at the
Crisis Intervention Center and some adolescents
will not be served.
2. placements will not be
Budget - planned
accomplished.
IV. RECOMMENDATIONS
WRH:gr
cc:
City Council concern with Alternative "A" and appropriate
$62,278 from the year-end unobligated fund balance for
use by Sanctuary FOGH Program Account 035-054-5069-3160.
Respectfully submitted,
City Manager
Glenn D. Radcliffe, Director of Human Development
Wilburn C. Dibling, City Attorney
James D. Grisso, Director of Finance
Diane Akers, Budget Administrator
Mary F. Parker, CMCIAAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
· tndra H. Eakin
~puty city Ck, rk
August 9, 1996
File #5-132-169-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
A report of the Water Resources Committee recommending authorization for the City
Manager to petition Roanoke County for subdivision and a Special Exception Permit to
allow the development of a police training facility at the Carvins Cove watershed property;
and a communication from the Mayor supporting a request of William B. Hopkins, Attorney,
that the matter be referred back to the Water Resources Committee in order that additional
information may be presented and considered, were before the Council of the City of
Roanoke at a regular meeting held on Monday, August 5, 1996.
On motion, duly seconded and adopted, the matter was referred back to the Water
Resources Committee to receive and consider additional information as requested by Mr.
Hopkins.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
H:~A{3ENDA~AUGU~T. 5
' W. Robert Herbert
City Manager
August 9, 1996
Page 2
pc:
William B. Hopkins, Attorney, Martin, Hopkins & Lemon, P.C., 1000 First
Union Tower, 10 S. Jefferson Street, Roanoke, Virginia 24011-1314
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
M. David Hooper, Chief, Police Department
Robert W. Helm, Major, Services Division, Police Department
D. D. Daniels, Assistant to the City Manager for Community Relations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator, Office of Management and Budget
H?,AGENDA~AUGUST. 5
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
August 5, 1996
Report No. 96-340
Police Training Facility - Carvins Cove
The attached staff report was considered by the Water
Resources Committee at its regular meeting on July 15, 1996. The
Committee recommends that Council take the following actions:
Authorize the City Manager to petition Roanoke
County for subdivision of 6 - 10 acres of the
Carvins Cove watershed property to allow the
development of a police training facility (in
addition to maintaining the primary purpose of
protected watershed land.)
Authorize the City Manager to petition Roanoke
County for a Special Exception Permit to allow the
Carvins Cove watershed property to be utilized as
a police training facility in accordance with
conditions stated in the attached report.
Respectfully submitted,
Water Resources Committee
LFW:KBK:afm
Attachments
cc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
George C. Snead, Director of Public Safety
M. David Hooper, Chief of Police
Bob Helm, Major, Services Division
D. D. Daniels, Assistant to City Manager for Community
Relations
Charles M. Huffine, City Engineer
Diane S. Akers, Budget Administrator
Report No. 96-340
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
July 15, 1996
TO:
FROM:
SUBJECT:
,~4ember§, Water Resources Committee .
\ .~t ~/~Director, Utilities and Operations
'~)'"~W. Robert ~e~bert, City Manager thru
Police Training Facility - Carvins Cove
Background in chronological order is as follows:
Training
Virginia.
annually.
of police officers is mandated by the Commonwealth of
Police officers must meet certain minimum standards
Previously, property leased from Norfolk Southern has been utilized to
conduct training for City of Roanoke police officers.
Negotiations for continued use of the Norfolk Southern property haw;
failed, creating the need to locate a new facility.
II.
Current Situation is as follows:
City-owned property at Carvins Cove has been identified as suitable
for development of a police training facility. An exhaustive search of
the Roanoke Valley has not produced a viable alternative site.
Property is located in Roanoke County, and will require subdivisio,,
and a Special Exception Permit before it can be utilized for a police
training facility.
Members, Water Resources Committee
POLICE TRAINING FACILITY - CARVINS COVE
July 15, 1996
Page 2
III.
Issues in order of importance are:
A. Need
B. Cost
C. Timing
IV.
Alternatives in order of feasibility are:
Committee recommends that City Council authorize the City Manager
to petition Roanoke County for subdivision and a Special Exception
Permit to allow the development of a police training facility·
Need for a training facility in order to conduct the required
training of police officers will be met.
Cost will be minimized because the expense of land acquisition
can be avoided. Funding for needed improvements is available
in Capital Fund Account No. 008-052-9676-9065· (See
attached sketch and list).
o
Timing is critical to ensure continuity of the police training
program. Current facility is being utilized on a month to month
basis, which could be cancelled with thirty days notice. In
addition, grading of the Carvins Cove site will be required, which
cannot be done during the winter months·
Committee does not recommend that City Council authorize the City
Manager to petition Roanoke County for resubdivision and a Special
Exception Permit to allow the development of a police training facility.
Need for a training facility in order to conduct the required
training of police officers will not be met.
Cost will most likely increase because of the expense of land
acquisition. Funding for needed improvements will remain in
Capital Fund Account No. 008-052-9676-9065.
Members, Water Resources Committee
POLICE TRAINING FACILITY - CARVINS COVE
July 15, 1996
Page 3
o
Timing to ensure continuity of the police training program may be
jeopardized. Use of current facility could be cancelled with thirty
days notice. Grading of the Carvins Cove site cannot be done
during the winter months, if it is not done before winter, it will
have to wait until next spring or summer.
Committee recommends that City Council take the following actions:
Authorize the City Manager to petition Roanoke County for subdivision
of the Carvins Cove watershed property to allow the development of
a police training facility.
Authorize the City Manager to petition Roanoke County for a Special
Exception Permit to allow the Carvins Cove watershed property to be
utilized as a police training facility in accordance with Alternative "A".
WRH/KBK/SEF/
Attachments
CC:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Director of Public Safety
Chief of Police
Major, Services Division
Assistant to City Manager for Community Relations
City Engineer
Budget Administrator
POLICE TRAINING FACILITY
Phase One
Minimum Facilities
Pistol Range(s) with berms and turning targets
Range tower(s) with PA System
Covered bleachers near pistol range
Flood lights for night training
Rifle Range
Secure storage for equipment
Classroom with restrooms, washing facilities, and
telephone(s)
Warning Signs on perimeter
DAVID A. BOWERS
Mayo['
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 240 ! 1 - 1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
August 1, 1996
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Please find attached hereto correspondence dated July 31, 1996, from former Senator
William B. Hopkins regarding the Water Resources Committee report to Council about the
establishment of a City rifle range at Carvins Cove.
Senator Hopkins is requesting that the matter either be continued to a later Council
meeting or referred back to the Committee so that he may present an alternative from one
of clients for the Committee's consideration.
As you know, I will not be at the Council meeting on August 5, but I would be in favor of
extending to Senator Hopkins the courtesy he has requested.
Best personal regards.
Sincerely,
~avid A. Bowers
Mayor
DAB:sm
Enc.
pc:
William B. Hopkins, Attorney, 10 S. Jefferson Street, Roanoke, Virginia 24011
H:\COUNCIL'tBOWERS~IOPKINS.WPD
Telephone 540/982-1000
Facsimile 540/982-2015
MARTIN, HOPKINS & L MO , P.C.
Attorneys at Law
1000 First Union Tower
; ~ ~ I0 South Jefferson Street
Roanoke, Virginia 24011-1314
Mailing Address
P. O. Box 13366
Roanoke, Virginia 24033-3366
July 31, 1996
The Honorable David A. Bowers
Mayor, City of Roanoke
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Mayor Bowers:
As I have previously discussed with you on the phone, I have
a client who is the owner of property and is interested in
presenting a proposal to the Roanoke City Council Committee
studying the feasibility of a pistol and rifle range in the Carvins
Cove Area.
My client has an alternative approach which it believes will
be better and more cost effective to the City than the Carvins Cove
approach. Hopefully, Council will delay a final vote on this
matter until the August 19 Council Meeting so that the Study
Committee can consider the alternative approach.
Very truly yours,
William B. Hopkin's
WBH/pj
Director of Public Safety
August 1, 1996
The Honorable David A. Bowers
and Members of Roanoke City Council
Roanoke, VA
Dear Mayor Bowers and Members of Council:
Subject: Police Training Facility - Carvins Cove
The City Manager asked that I provide you with some updated information on our
efforts to move forward on the Police Training Facility at Carvins Cove. The Water
Resources Committee report dealing with this issue is on City Council's August 5, 1996,
agenda.
We have been advised that concerned citizens may appear before City Council on
the proposed Police Training Facility on August 5. Their issues seem to center around the
noise impact to residents near the proposed facility and the potential contamination of the
Carvins Cove water reserve. In regard to the noise, while official engineering tests have
not been performed, preliminary noise tests conducted by the Roanoke County officers
revealed that discharge of weapons of the caliber used by the city and county police
departments, when measured at the nearest residence, were faintly audible and detectable
by a sound meter. Official noise tests will be conducted by an independent firm prior to
applying for a special use permit in Roanoke County. We plan to make residents aware
prior to the official noise testing so they can witness first-hand the testing. In regard to
the contamination of the water supply, our research to date indicates that lead fired into
soil or berms on outdoor fh'ing ranges are not a threat to public water supply. Literature
from the Environmental Protection Agency and staff contact with the Virginia
Department of Environmental Quality indicates properly designed outdoor firing ranges
do not propose a threat to public water supply.
We are in the process of providing a preliminary information package to the
residents along Timberview Road within approximately one mile of the proposed site.
We want to provide them more accurate and timely information about our proposed
training facility and assure them that prior to proceeding for a special use permit in
Roanoke County, we will meet with them and discuss and review this process completely.
Room 354 Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011-1584 (540) 981-2306
The Honorable David A. Bowers
and Members of Roanoke City Council
Page 2
August 1, 1996
I am providing this information as you consider the Water Resources Committee
recommendation. If I may provide additional information for Council on our proposed
Police Training Facility, please call me.
Sincerely,
Director of Public Safety
CCi
W. Robert Herbert, City Manager
Mary Parker, City Clerk
Kit Kiser, Director of Utilities and Operations
M. David Hooper, Police Chief
MARY F. PARKER, CMC/AKE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. F_AKIN
Deputy City Clerk
August 9, 1996
File #51
David C. Helscher, Attorney
Jolly, Place, Fralin and Prillaman
P. O. Box 20487
Roanoke, Virginia 24018-0049
Dear Mr. Helscher:
I am enclosing copy of Ordinance No. 33057-080596 rezoning a portion of a certain tract
of land located at Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and
King Street, N. E., from C-2, General Commercial District, and RS-3, Residential Single-
Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain
conditions proffered by the petitioner in the Second Amended Petition filed in the Office
of the City Clerk on May 3, 1996. Ordinance No. 33057-080596 was adopted by the
Council of the City of Roanoke on first reading on Monday, July 15, 1996, also adopted
by the Council on second reading on Monday, August 5, 1996, and will be in full force and
effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
H:~AGENDA~AUGUS'F,5
David C. Helscher, Attorney
Jolly, Place, Fralin and Prillaman
August 9, 1996
Page 2
pc:
Mr. and Mrs. I. D. Patel, 3315 Orange Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Stephen E. Cook and Mr. and Mrs. Jerry B. Shaver, 3144 Quail Lane,
Troutville, Virginia 24179
Litton Systems, Inc., 700 E. Franklin, Suite 1401, Richmond, Virginia 23219
Mr. and Mrs. Alfred A. Taylor, 3402 King Street, N. E., Roanoke, Virginia 24012
Mrs. Thomas C. Mann, 3334 King Street, N. E., Roanoke, Virginia 24012
Mrs. Craig A. Wright, 913 Brattonlawn Drive, N. E., Roanoke, Virginia
Mr. and
Mr. and
24012
Hickory
Virginia
Mr. and
24012
Mr. and
24012
Mr. and
24012
Mr. and
24012
Woods Apartments, LLC, 3001 Hickory Woods Drive, N. E., Roanoke,
24012
Mrs. Robert L. Beard, 3202 Richard Avenue, N. E., Roanoke, Virginia
Mrs. Raymond O. Adams, 3210 Richard Avenue, N. E., Roanoke, Virginia
Mrs. Clarence E. Spradlin, 3218 Richard Avenue, N. E., Roanoke, Virginia
Mrs. Eddie M. Garlick, 3226 Richard Avenue, N. E., Roanoke, Virginia
Mr. and Mrs. Alfred A. Taylor, 3404 King Street, N. E., Roanoke, Virginia 24012
Ms. Louise C. Johnson, 3234 Richard Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Dewey A. Creasy, 3242 Richard Avenue, N. E., Roanoke, Virginia
24012
Mr. and Mrs. Patrick D. Rhodes, 3258 Richard Avenue, N. E., Roanoke, Virginia
24012
Fralin & Waldron, Inc., P. O. Box 20069, Roanoke, Virginia 24018
Mr. and Mrs. Hyle Perdue, 3104 Richard Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Alfred Taylor, 3112 Richard Avenue, N. E., Roanoke, Virginia 24012
Ms. Audrey M. Ferguson, 3120 Richard Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Leon Fields, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012
Ms. Judy G. Gordon, 3136 Richard Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Richard Wickham, 3144 Richard Avenue, N. E., Roanoke, Virginia
24012
Ms. Sharron H. Honaker, 3332 Springtree Drive, N. E., Roanoke, Virginia 24012
Mr. Hanley R. Mayes, Route 2, Box 202-J, Buchanan, Virginia 24066
Mr. and Mrs. Chapman Brown, 3168 Richard Avenue, N. E., Roanoke, Virginia
24012
Ms. Shirley St. Clair, 731 Mason Road, Vinton, Virginia 24179
H:~GENDA~UGUST. 5
David C. Helscher, Attorney
Jolly, Place, Fralin and Prillaman
August 9, 1996
Page 3
pc:
Mr. and Mrs. Clyde H. Elswick, 5341 Pinetree Lane, S. W., Roanoke, Virginia
24019
F & D Land Co., P. O. Box 8636, Roanoke, Virginia 24014
Mr. Joe C. Thomas, c/o Accent Construction Co., Inc., 494 Glenmore Drive,
Salem, Virginia 24153
Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012
Carolyn H. Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W.,
Roanoke, Virginia 24017
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director of Real Estate Valuation
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner, w/enclosures
John R. Marlles, Agent, City Planning Commission, w/enclosures
Evelyn D. Dorsey, Zoning Administrator, w/enclosures
Martha P. Franklin, Secretary, City Planning Commission
H:~,~GENOA~AUGUST.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33057-080596.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 709, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, Douglas E. Caton has made application to the Council
of the City of Roanoke to have the hereinafter described property
rezoned from C-2, General Commercial District, and RS-3,
Residential Single-family District, to RM-2, Residential
Multifamily, Medium Density District, subject to certain conditions
proffered by the applicant; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on July 15, 1996, after due and timely
notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 709 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
A portion of a certain tract of land fronting Orange Avenue,
N.E., and King Street, N.E., and designated on Sheet No. 709 of the
Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos.
7090506 and 7090501, be, and is hereby rezoned from C-2, General
Commercial District, and RS-3, Residential Single-family District,
to RM-2, Residential Multifamily, Medium Density District, subject
to the proffers contained in the Second Amended Petition filed in
the Office of the City Clerk on May 3, 1996, and that Sheet No. 709
of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
H:\ORD~O-CATON.2
Roanoke City Planning Commission
May20,1996
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Douglas E. Caton, represented by David C. Helscher, attorney,
that a portion of Official Tax No. 7090506, said parcel located on U.S. Route
460 East (Orange Avenue, N.E.) and zoned C-2, General Commercial
District, and a portion of Official Tax No. 7090501, located on King Street,
N.E. and zoned RS-3, Residential Single Family, be rezoned to RM-2,
Residential Mulfifamily, Medium Density District, such rezoning to be
subject to certain conditions proffered by petitioner.
I. Background:
Purpose of the rezoning request is to permit the construction of a 248 unit multi-
family garden style apartment community on a 17.56 acre tract identified as a portion
of Official Tax No. 7090506. The subject area is adjacent to Phase I and II of the
existing Hickory Woods Apartments.
Previous conditional rezonings involving a 9.697 acre tract and a 5.204 acre tract,
both identified as a portion of Official Tax No. 7090501 were approved by City
Council on January 11, 1985 and June 19, 1989, respectively.
C. Petition to rezone was filed on February 8, 1996.
Neighborhood organization, Wildwood Civic League, has been notified of the
request by the Planning Department and representatives of the petitioner. As of the
writing of this report, staff has received one call from an adjoining property owner
(Ms. Linda Mman, 3334 King Street) who expressed concerns regarding potential for
increased traffic on King Street and the proximity of several proposed multifamily
apartment structure in relation to her single family residence. The petitioner held
a neighborhood information meeting on February 29, 1996. Approximately 14
residents attended the meeting. The following concerns were expressed by the
residents: (1) increased traffic on King Street; (2) proximity of several proposed
multifamily structures to a residential structure facing King Street; (3) storm water
management; and (4) buffering.
Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2344
Members of Council
Page 2
Planning Commission review and approval of the final comprehensive development
plan is required should the subject rezoning be approved.
F. First Amended Petition to Rezone was filed on April 24, 1996.
II. Current Situation:
Ao
Planning Commission public hearing was held on May 1, 1996. Mr. David Helscher,
attorney, summarized the request. Mr. Helscher stated that the petitioners had earlier
requested that the Planning Commission postpone action on the request in order for
the petitioner to fully respond to neighborhood concerns. Mr. Helscher reviewed the
list of proffers that had been submitted to address these concerns. Mr. Helscher
noted that a traffic analysis had been prepared by Wilbur Smith Associates, which
indicates that King Street will continue to have an acceptable level of service. He
also noted that the petitioners have asked the City Traffic Engineer to investigate
measures that the City could take to make King Street safer. Mr. Helscher also
indicated that concerns regarding storm water management were being addressed by
the existing storm water detention basin which had been sized to accommodate
development on the entire site and by the fact that the petitioners were proffering that
they would prepare a master storm drainage plan for the entire site. Finally, Mr.
Helscher noted that they had met recently with Mrs. Linda Mann (3334 King Street)
in an effort to address her concerns regarding the proximity of a proposed garden
apartment structure next to her single family residence. Mr. Helscher indicated that
the proffers restricting the height of the subject structure to two (2) stories, the
construction of the eight (8) foot high wooden stockade fence along the boundary
line with Mrs. Mann, and the proposed 20' landscaped berm would help address Mrs.
Mann's concerns.
Mr. John Marlles, Chief of Planning and Community Development, presented the
staff report. Mr. Marlles stated he would not repeat the information presented by Mr.
Helscher. Mr. Marlles noted that when the petitioners first approached the Planning
office, it was their desire to "fast track" the project. Mr. Madles commended the
petitioner's for asking for a postponement following the February 29, 1996,
neighborhood meeting in order to address the concerns raised by the residents. Mr.
Marlles stated that he felt that the petitioner had been responsive in addressing the
concerns of staff and the residents.
Mrs. Linda Mann (3334 King Street) appeared before the Commission and thanked
Mr. Carneal, petitioner, for keeping her informed. She said that her main concerns
dealt with an apartment building being located next to her home and the fact that she
would not be able to sell her home for $100,000. She said that the adjacent
apartment building would almost make her property unsellable. Mrs. Mann also
stated she was concerned about the traffic situation. She noted that within a three
year period, 43 traffic accidents had been reported within a half-mile of the site. She
Members of Council
Page 3
said that the traffic situation was not acceptable. She noted that she had been told
by the City Traffic Engineer that a new paving scheme and signage would be
installed which should help reduce the accidents. She said that she has also been told
by the City Traffic Engineer that most of the accidents were caused by driver error
not by the roadway itself. Mrs. Mann said that it was up to the City to answer her
concerns and that she understood that the petitioner was not responsible for the
decrease in her property value or the traffic situation. Mrs. Mann stated that the
Commission was here to protect her and if the rezoning were allowed then the
Commission was not doing their job.
Mrs. Carolyn Coles, Chairman of the Commission, thanked Mrs. Mann for her
comments and stated that whenever any development took place there would always
be concerns, however, the petitioner had done everything they had been asked to do
to make the proposed use blend into the existing surroundings. She stated that the
Commission had to look at the best use of the land.
Mr. Bob Bengtson, City Traffic Engineer, also appeared before the Commission and
stated he wanted to elaborate on the accident record. He noted that from Springtree
Drive to Berkley Road there had been 43 accidents reported in the last 3 years. He
said that approximately half of those accidents occurred at the intersection of King
and Berkley. He said that plans had been engineered to improve the intersection,
which he believed would go a long way to eliminate a number of the accidents. He
said that a majority of the accidents in the curve were caused by excessive speed
during rainy weather. He said that he believed the resurfacing of the asphalt would
provide more skid resistance.
Mrs. Virginia Rhodes (3258 Richards Avenue, N.E.) appeared before the
Commission and stated that King Street was obsolete. She also said that she was
concerned about her neighbors (Mrs. Mann and Mrs. Wright) whose residences
adjoined the apartment buildings. She said that she objected to the location of the
apartment buildings next to the residences, but did not object to the entire project.
In response to questions from Commission members regarding the suitability of the
site for single family development, Mr. Marlles noted that the only interest that the
Planning office had received from developers were inquiries regarding the possibility
of rezoning the area to commercial or industrial. Mr. Marlles noted that it was his
opinion that the area was suitable for the proposed use based on the existing zoning
pattern and land uses in the area. Mr. Marlles also reminded the Commission
members and the public that the petitioner's would be required to come back to the
Commission with a detailed comprehensive development plan.
Second Amended Petition to Rezone was filed on May 2, 1996. The following
conditions were proffered:
Members of Council
Page 4
There will be 17 garden style apartment buildings built in substantial
conformity with those shown on the architectural sketches attached as
Exhibit C. The buildings will be two and one-half stories (with the exception
of Building Q more particularly described in Paragraph 4.), and will utilize
brick and vinyl siding of the exterior. The proffered site plan (Exhibit B)
shows a mix of 12 and 20 unit buildings for a maximum density of 248 units.
Amenities for the apartment community include a play area, a swimming
pool, and a club house with an indoor activity area.
Petitioner will establish a 20 foot wide landscape buffer which shall be
planted along those portions of the subject property which adjoin property
zoned RS-3.
In an effort to address concerns raised by owners of adjoining Tax Parcel
7090404 and 7090317, Petitioner will: (a) erect an 8 foot high wooden
stockade fence along the common boundary with Tax Parcel 7090404 as
shown on site plan; (b) utilizing the existing landscape berm located along
said division line, Petitioner will plant and maintain 10 foot high evergreen
plantings, including a mix of leyland cypress and norway spruce to assist in
visually screening the project from said tax parcels; (c) limit the height of
building Q to a two-story, 8 unit building.
All exterior lighting will be designed and installed so that it is directed away
from the single family residences located to the south of the project.
If this rezoning request is granted, Petitioner agrees that it will submits its
comprehensive site plan for review and approval by the Planning
Commission.
Petitioner agrees to provide a master storm water management plan as a part
of the comprehensive development plan review for the project, which
exceeds the storm water management regulations as set forth by City
requirements.
o
Petitioner agrees to provide a professionally prepared landscape plan as part
of the comprehensive development plan review for the subject property.
III. Issues:
A°
Zoning is currently C-2, General Commercial District, and RS-3, Residential Single
Family District. Zoning to the north along U.S. Route 460 is C-2, General
Commercial District and LM, Light Manufacturing District; zoning to the west is
RM-2, Residential Multifamily District; zoning to the south is RS-3, Residential
Members of Council
Page 5
Single Family District; zoning to the west across King Street is RM-2; Residential
Multifamily Family, Medium Density District.
Land use is currently a vacant, undeveloped tract. Land use to the north along U.S.
Route 460 is highway commercial; land use to the east is the existing Hickory
Woods Apartments; land use to the south is a single family residential neighborhood
fl-onting on Richards Avenue. Spring Tree subdivision is located to the west across
King Street.
Traffic and access will be provided by the existing entrance on U.S. Route 460 and
a proposed new entrance on King Street. King Street is currently signalized at its
intersection with U.S. Route 460. King Street is recommended for improvement in
the Roanoke Valley Area Long Range Transportation Plan 1995-2015. The City of
Roanoke has already requested that the Virginia Department of Transportation
program a roadway improvement project to King Street, N.E., between Orange
Avenue, N.E. and Mecca Street, N.E. (see attached correspondence).
A traffic analysis by prepared by Wilbur Smith Associates (attached) indicates that
the proposed development will generate 1,688 vehicle trips per day. The study
concludes that the portion of King Street near the location of the proposed entrance
would remain at level service "C" which is an acceptable level of service impact.
The City's Traffic Engineer has reviewed the report and concurs with the reports
conclusion. The City's Traffic Engineer also indicated that he is investigating
measures to improve safety on the road, including new signage and a more skid-
resistant surface paving.
Utilities are available and will be addressed as part of the comprehensive
development plan review process. The storm water management facilities currently
in place on the subject property were designed and constructed to take into account
the proposed development.
Neighborhood is visually and physically separated by topography. Petitioner is also
proffering an extension of the existing 20' buffer along the southerly property line.
Representatives of the petitioner have recently met with Ms. Linda Mann (3334 King
Street) to discuss her concerns relative to traffic and the proximity of a proposed
multifamily structure in relation to her single family residence. The petitioner has
filed an amended an amended petition proffering that the subject multifamily
structure will be limited to two stories in height, additional landscaping will be
provided along the subject property line and a wooden stockade fence will be added
to supplement the proposed landscaped berm.
F. Comprehensive Plan recommends:
1. Protecting neighborhood character.
Members of Council
Page 6
2. Encouraging a variety of housing types in existing neighborhoods.
3. Providing development that is sensitive to the existing neighborhood
character.
IV. Alternatives:
A. City Council approve the rezoning request.
Zoning becomes RM-2, Residential Multifamily, Medium Density District.
Rezoning is a logical extension of the existing RM-2 zone.
2. Land use becomes multifamily garden apartments.
Traffic and access has been addressed. City Traffic Engineer concurs with
the petitioner's traffic analysis which indicates that the level of service of
King Street near the entranceway of the proposed development will continue
to perform at level of service "C" which is an acceptable level of service.
Utilities are available and have adequate capacity. The existing storm water
detention basin was originally sized to accommodate the eventual "build out"
of the entire site.
Neighborhood is visually and physically separated by topography. Petitioner
is proffering an extension of the existing 20' buffer along the southerly
property line. Petitioner has filed an amended petition which includes
specific proffers intended to further buffer the adjacent single family
structure owned by Ms. Linda Mann (3334 King Street).
6. Comprehensive plan could be followed.
B. City Council deny the requested rezoning.
1. Zoning remains C-2 and RS-3.
Land use would be limited to the general commercial and single family
residential uses.
3. Traffic conditions remain unchanged.
4. Utilities are unaffected.
5. Comprehensive plan could be followed at a later date.
Members of Council
Page 7
V. Recommendation:
By a vote of 7-0, the Planning Commission recommended approval of the requested
rezoning. The Commission felt that the requested rezoning was a logical extension of the
existing RM-2 zoning and was sensitive to the existing neighborhood character. Finally, the
Commission felt that the proposed rezoning was consistent with the City's comprehensive
plan.
Respectfully submitted,
Carolyn H. Coles, Chairman
Roanoke City Planning Commission
JRM:mpf
attachments
cc: Assistant City Attorney
City Engineer
Building Commissioner
Attorney for the Petitioner
MARY E PARKER, CMC/~
City Cl~rk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (:540) 981-2:541
Fax: (:540) 224-314:5
SANDRA H. EAKIN
Deputy CRy Clerk
May 6, 1996
File ~51
Carolyn H. Coles, Chairperson
City Planning Commission
1501 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Coles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a second amended petition from David C. Helscher, Attorney,
representing Douglas E. Caton requesting that 17.564 acres of land fronting on Orange
Avenue (U.S. Route 460 East) and King Street, N. E., described es a portion of Official Tax
Nos. 7090506 and 7090501, be rezoned as follows: 2.260 acres from C-2, General
Commercial District, to RM-2, Residential Multi-family District, Medium Density District; and
15,304 acres frdm RS-3, Residential Single-Family District; to RM-2, Residential
Multi-family District, Medium Density District, subject to certain conditions proffered by the
petitioner.
Sincerely,
Mary F. Parker, CMCIAAE
Clerk
MFP:sm
Enc,
Carolyn H. Coles, Chairperson
City Planning Commission
May 6, 1996
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
David C. Helscher, Attorney, Jolly, Place, Fmlin and Pdllaman, P. O. Box
20487, Roanoke, Virginia 24018-0049
Jo~n R. Marlles, Agent, City Planning Commission
~Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Staven J. Talevi, Assistant City Attorney
VIRGINIA:
SECOND AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Rezoning of a portion of Tax Map Numbers 7090506 and
7090501 lying in the City of Roanoke, Virginia, fronting
on both Orange Avenue (U.S. Route 460 East) and King
Street, N.E., a portion of Tax Map Number 7090506, which
is currently zoned C-2 to RM-2 and the majority of Tax
Map Number 7090501, which is currently zoned RS-3 to
RM-2, such rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE.
The Petitioner, has contracted to purchase land in the City of
Roanoke containing 28.727 acres, more or less, fronting on both
Orange Avenue (U.S. Route 460 East) and King Street, N.E., Roanoke,
Virginia, Tax Map Numbers 7090506 and 7090501 (hereinafter the
,,Property"). A portion of said tract is currently zoned C-2 and
the majority is zoned RS-3. 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 17.564 acres of
said property be rezoned as follows: 2.260 acres from C-2 General
Commercial District to RM-2 Residential Multi-Family (1.022 acres
fronting on Orange Avenue to remain C-2); and 15.304 acres from
Residential Single-Family District to RM-2 Residential Multi-Family
(10.141 acres lying south to remain RS-3), subject to certain
conditions set forth below, for the purpose of constructing a
F: \WP5 I\MBW\ ZONING\HW2ND_AM. PET
multi-family garden style apartment community (see EXHIBIT B site
plan attached hereto).
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 be consistent with the
zoning classifications for properties which adjoin it, and in
furtherance of the City's comprehensive plan.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, the rezoning will be subject to, and
that the Petitioner will abide by, the following conditions:
1. There will be seventeen garden style apartment buildings
built in substantial conformity with those shown on the
architectural sketches attached as EXHIBIT C and as shown on the
site plan dated April 18, 1996, prepared by TPP&S, Engineers,
Surveyors, Planners, attached as EXHIBIT B. The buildings will be
two and one-half stories (with the exception of Building Q more
particularly described in Paragraph 4.), and will utilize brick and
vinyl siding of the exterior. The proffered site plan (Exhibit B)
shows a mix of twelve and twenty unit buildings for a maximum
density of 248 units.
2. Amenities for the apartment community will be a play area,
a swimming pool, and a club house with an indoor activity area.
3. Petitioner will plant and maintain a 20 foot wide
landscape buffer which shall be planted along those portions of the
subject property which adjoin property zoned RS-3.
2
F: \WP51 \MBW\ ZONING\HW2ND_AM. PET
4. In an effort to address concerns raised by owners of
adjoining Tax Parcel 7090404 and 7090317, Petitioner will:
(a) erect an 8 foot high wooden stockade fence along the common
boundary with Tax Parcel 7090404, as shown on site plan; (b)
utilizing the existing landscape berm located along said division
line, Petitioner will plant and maintain 10 foot high evergreen
plantings, including a mix of leyland cypress and norway spruce to
assist in visually screening the project from said tax parcels; (c)
limit the height of building Q to a two-story, 8 unit building.
5. All exterior lighting will be designed and installed so
that it is directed away from the single family residences located
to the south of the project.
6. If this rezoning request is granted, Petitioner agrees
that it will submit its comprehensive site plan for review and
approval by the Planning Commission.
7. Petitioner agrees to provide a master storm water
management plan as a part of the Comprehensive Development Plan
review for the project, which exceeds the storm water management
regulations as set forth by City requirements, and receive approval
of the same.
8. Petitioner agrees to provide a professionally prepared
landscape plan as part of the comprehensive development plan review
for the subject property.
Attached as EXHIBIT E are the names, addresses and tax map
numbers of the owner or owners of all lots or property immediately
3
F: \WP51 \MBW\ ZONING\HW2ND_AM. PET
adjacent to and immediately across a street or road from the
Property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described
tract be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 1st day of May, 1996.
By:
Douglas E. Caton
bf ~ounsel
David C. Helscher
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
3912 Electric Road, S.W.
P. O. Box 20487
Roanoke, VA 24018-0049
(703) 989-0000
Counsel for Petitioner
4
F: \WP51\MBW\ZONING\HW2ND_AM. PET
:.--'5',_. , · ,~ .-:
~,./
./
EXHIBIT "B"
SITE PLAN TO BE DELIVERED 05-03-96 BY JOHN PARKER
I
,11
IIII
i111
OFFICIAL TAX NUMBER
7090507
7090508'
7090509
7090510
7090514
7090404
7090317
7090308
7090521
7090522
7090110
7090111
OWNER'S NAME ANDMAILINGADDRESS
I. D. and. Lalita I. Patel
3315 Orange Avenue, N.E.
Roanoke, VA 24012
Jerry B. and Virginia A. Shaver
3239 Orange Avenue, N.E.
Roanoke, VA 24012
Litton Systems Inc.
P.O. Box 11966
Roanoke, VA 24022
Alfred A. & Ruth Gray Taylor
3402 King Street, N.E.
Roanoke, VA 24012
Thomas C. and Linda H. Mann
3334 King Street, N.E.
Roanoke, VA 24012
Craig A. and Tina W. Wright
913 Brattonlawn Drive, N.E.
Roanoke, VA 24012
Hickory Woods Apartments, LLC
3001 Hickory Woods Drive, N.E.
Roanoke, VA 24012
Robert L. and Mary M. Beard
3202 Richard Avenue, N.E.
Roanoke, VA 24012
Raymond O. and France Q. Adams
3210 Richard Avenue, N.E.
Roanoke, VA 24012
7090112
7090113
Clarence E. and Alice R.
Spradlin
3218 Richard Avenue, N.E.
Roanoke, VA 24012
Eddie M. Garlick and
Mary Frances Smith
3226 Richard Avenue, N.E.
Roanoke, VA 24012
7090114
7090115
Louise C. Johnson
3234 Richard Avenue, N.E.
Roanoke, VA 24012
Drewey Allen and Annabelle
Creasy
3242 Richard Avenue, N.E.
Roanoke, VA 24012
7090116
7090117
7100601
Patrick D. and Virginia K.
Rhodes
3258 Richard Avenue, N.E.
Roanoke, VA 24012
Fralin & Waldron,
P.O. Box 20069
Roanoke, VA 24018
IIlc.
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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
April 25, 1996
File ~51
Carolyn H. Coles, Chairperson
City Planning Commission
1501 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Coles:
Pursuant to Section 36.1.690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of an amended petition from David C. Helscher, Attorney,
representing Douglas E. Caton requesting that 17.564 acres of land fronting on Orange
Avenue (U.S. Route 460 East) and King Street, N. E., described as a portion of Official Tax
Nos. 7090506 and 7090501, be rezoned as follows: 2.260 acres from C-2, General
Commercial District, to RM-2, Residential Multi. family District, Medium Density District; and
15.304 acres from RS-3, Residential Single-Family District, to RM-2, Residential
Multi-family District, Medium Density District, subject to certain conditions proffered by the
petitioner.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
Enc '-
Carolyn H. Coles, Chairperson
City Planning Commission
April 25, 1996
Page 2
The Honorable Mayor and Members of the Roanoke City Council
David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box
20487, Roanoke, Virginia 24018-0049
JoVan R. Marlles, Agent, City Planning Commission
~ Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
VIRGINIA:
FIRST AMENDED PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Rezoning of a portion of Tax Map Numbers 7090506 and
7090501 lying in the City of Roanoke, Virginia, fronting.
on both Orange Avenue (U.S. Route 460 East) and King
Street, N.E., a portion of Tax Map Number 7090506, which
is currently zoned C-2 to RM-2 and the majority of Tax
Map Number 7090501, which is currently zoned RS-3 to
RM-2, such rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE.
The Petitioner, has contracted to purchase land in the City of
Roanoke containing 28.727 acres, more or less, fronting on both
Orange Avenue (U.S. Route 460 East) and King Street, N.E., Roanoke,
Virginia, Tax Map Numbers 7090506 and 7090501 (hereinafter the
,,Property"). A portion of said tract is currently zoned C-2 and
the majority is zoned RS-3. 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 17.564 acres of
said property be rezoned as follows: 2.260 acres from C-2 General
Commercial District to RM-2 Residential Multi-Family (1.022 acres
fronting on Orange Avenue to remain C-2); and 15.304 acres from
Residential Single-Family District to RM-2 Residential Multi-Family
(10.141 acres lying south to remain RS-3), subject to certain
conditions set forth below, for the purpose of constructing a
multi-family garden style apartment community (see EXHIBIT B
concept plan attached hereto).
F: \WP5 i\MBW\ZONING\HWIST_AM. PET
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 be consistent with the
zoning classifications for properties which adjoin it, and in
furtherance of the City's comprehensive plan.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, the rezoning will be subject to, and
that the Petitioner will abide by, the following conditions:
1. There will be seventeen garden style apartment buildings
similar in architectural style, type of materials, roof line and
general level of finish to those shown on the architectural
sketches attached as EXHIBIT C. The buildings will be two and one-
half stories (with the exception of Building Q more particularly
described in Paragraph 4.), and will utilize brick and vinyl siding
of the exterior. The proffered concept plan (Exhibit B) shows a
mix of twelve and twenty unit buildings for a maximum density of
248 units.
2. Amenities to be constructed for the apartment community
include a play area, a swimming pool, and a club house with an
indoor activity area.
3. Petitioner will establish a 20 foot wide landscape buffer
which shall be planted along those portions of the subject property
which adjoin property zoned RS-3. The pictures attached as EXHIBIT
D demonstrate the type and extent of landscaping.
4. In an effort to address concerns raised by owners of
adjoining Tax Parcel 7090404 and 7090317, Petitioner will:
2
F: \WP5 i\MBW\ZONING\HWiST_AM. PET
(a) erect an 8 foot high wooden stockade fence along the common
boundary with Tax Parcel 7090404, as shown on concept plan; (b)
utilizing the existing landscape berm located along said division
line, Petitioner will plant and maintain 10 foot high evergreen
plantings, including a mix of leyland cypress and norway spruce to
assist in visually screening the project from said tax parcels; (c)
limit the height of building Q to a two-story, 8 unit building.
5. All exterior lighting will be designed and installed so
that it is directed away from the single family residences located
to the south of the project.
6. If this rezoning request is granted, Petitioner agrees
that it will submit its comprehensive site plan for review and
approval by the Planning Commission.
7. Petitioner agrees to provide a master storm water
management plan as a part of the Comprehensive Development Plan
review for the project, which exceeds the storm water management
regulations as set forth by City requirements.
8. Petitioner agrees to provide a professionally prepared
landscape plan as part of the comprehensive development plan review
for the subject property that exceeds the landscaping regulations
set forth by City requirements.
Attached as EXHIBIT E are the names, addresses and tax map
numbers of the owner or owners of all lots or property immediately
adjacent to and immediately across a street or road from the
Property to be rezoned.
3
F: \WP51\MBW\ZONING\HW1ST_AM. PET
WHEREFORE, the Petitioner requests that the above-described
tract be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 24th day of April, 1996.
By:
Douglas E. Caton
Of Counsel
David C. Melscher
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
3912 Electric Road, S.W.
P. O. Box 20487
Roanoke, VA 24018-0049
(703) 989-0000
Counsel for Petitioner
4
F: \WP5 i\MBW\ ZONING\HWiST_AM. PET
I'
[ l1
MARY E PARKER, CMC/AAE
Cit~ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy Cio/Cl~rk
February 8, 1996
File #51
Carolyn H. Coles, Chairperson
City Planning Commission
1501 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Coles:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended,
I am enclosing copy of a petition from David C. Helscher, Attorney, representing
Douglas E. Caton requesting that 17.564 acres of land fronting on Orange Avenue (U.S.
Route 460 East) and King Street, N. E., described as a portion of Official Tax Nos.
7090506 and 7090501, be rezoned as follows: 2.260 acres from C-2, General Commercial
District, to RM-2, Residential Multi-family District, Medium Density District; and 15.304
acres from RS-3, Residential Single-Family District, to RM-2, Residential Multi-family
District, Medium Density District, subject to certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
r/hickory
Eric.
Carolyn H. Coles, Chairperson
City Planning Commission
February 8, 1996
Page 2
pc: The Honorable Mayor and Members of the Roanoke City Council
David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box
20487, Roanoke, Virginia 24018-0049
Jo..I.l.13n R. Marlles, Age, nt, City Planning Commission
~AVlartha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald H. Miller, Building Commissioner.~
Steven J. Talevi, Assistant City Attorney
VIRGINIA:
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Rezoning of a portion of Tax Map Numbers 7090506 and
7090501 lying in the City of Roanoke, Virginia, fronting
on both Orange Avenue (U.S. Route 460 East) and King
Street, N.E., a portion of Tax Map Number 7090506, which
is currently zoned C-2 to RM-2 and the majority of Tax
Map Number 7090501, which is currently zoned RS-3 to
RM-2, such rezoning to be subject to certain conditions.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE.
The Petitioner, has contracted to purchase land in the City of
Roanoke containing 28.727 acres, more or less, fronting on both
Orange Avenue (U.S. Route 460 East) and King Street, N.E., Roanoke,
Virginia, Tax Map Numbers 7090506 and 7090501 (hereinafter the
"Property"). A portion of said tract is currently zoned C-2 and
the majority is zoned RS-3. 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 17.564 acres of
said property be rezoned as follows: 2.260 acres from C-2 General
Commercial District to RM-2 Residential Multi-Family (1.022 acres
fronting on Orange Avenue to remain C-2); and 15.304 acres from
Residential Single-Family District to RM-2 Residential Multi-Family
(10.141 acres lying south to remain RS-3), subject to certain
conditions set forth below, for the purpose of constructing a
multi-family garden style apartment community (see EXHIBIT B
concept plan attached hereto).
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 be consistent with the
zoning classifications for properties which adjoin it and in
furtherance of the City's comprehensive plan.
The Petitioner hereby proffers and agrees that if the said
tract is rezoned as requested, the rezoning will be subject to, and
that the Petitioner will abide by, the following conditions:
1. The Property will be developed in substantial conformity
with the existing Hickory Woods, Phases I and II on Official Tax
Numbers 7090521 and 7090522 which adjoin the property to the west.
The buildings will contain a mix of one, two and three bedroom
apartments and will utilize brick and vinyl siding, and be similar
in appearance to the existing Hickory Woods Community. The
property will be landscaped more densely than the Phases I and II
with a mix of ornamental trees and shrubs. Amenities proposed for
the apartment community include several play areas, a swimming pool
and tennis court, and a club house with an indoor activity area.
2. Petitioner will establish a dense vegetative screen around
those portions of the property which adjoin property zoned RS-3 in
accordance with and subject to any changes required for screening
required by City Comprehensive Development Review. Petitioner will
establish the screen at varying widths averaging 20 feet along the
southerly boundary adjoining Tax Parcel 7090308 and along the
10.141 buffer tract which will remain RS-3. Substantial
landscaping and planting is planned for the entrance area on King
F: \WP51 \MBW\ZONING\HICKORY. PET 2
Street and along the entire eastern boundary of the property all of
which will exceed City requirements.
3. I'f this rezoning request is granted, Petitioner agrees
that it will submit its comprehensive site plan for review and
approval by the Planning Commission prior to its final review and
approval by the Planning Staff.
4. Petitioner agrees to
management plan as part of the
provide a master storm water
Comprehensive Development Plan
review for the project, which will deal with the storm water run-
off requirements for the subject property as well as the existing
Hickory Woods Community located on Official Tax Numbers 7090521 and
7090522. The storm water management facilities currently in place
on the subject property were designed and constructed to take into
account the needs of the existing Hickory Woods Community, as well
as the projected needs for the subject property and were designed
so that the proposed development would be served by storm water
management facilities with capacity which exceeds the storm water
management regulations as set forth by City requirements.
Attached as EXHIBIT C are the names, addresses and tax map
numbers of the owner or owners of all lots or property immediately
adjacent to and immediately across a street or road from the
Property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described
tract be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
F: \WP5 I\MBW\ ZONING\HICKORY. PET 3
Respectfully submitted this 8th day of February, 1996.
Douglas E. Caton
By:
Of Counsel
David C. Helscher
JOLLY, PLACE, FRA_LIN & PRILLAMAN, P.C.
3912 Electric Road, S.W.
P. O. Box 20487
Roanoke, VA 24018-0049
(703) 989-0000
Counsel for Petitioner
F: \WP51\MBW\ZONING\HICKORY. PET 4
EXHIBIT 'A"
I
EXHIBIT "B"
~i[:'
'3'N "J-$ ONDt
OFFICIAL TAX NUMBER
7090507
7090508
7090509
7090510
7090514
7090404
7090317
7090308
7090521
7090522
7090110
7090111
7090112
7090113
EXHIBIT "C"
OWNER'S NAME AND MAILING ADDRESS
I. D. and Lalita I. Patel
3315 orange Avenue, N.E.
Roanoke, VA 24012
Jerry B. and Virginia A. Shaver
3239 Orange Avenue, N.E.
Roanoke, VA 24012
Litton Systems Inc.
P.O. Box 11966
Roanoke, VA 24022
Alfred A. & Ruth Gray Taylor
3402 King Street, N.E.
Roanoke, VA 24012
Thomas C. and Linda H. Mann
3334 King Street, N.E.
Roanoke, VA 24012
Craig A. and Tina W. Wright
913 Brattonlawn Drive, N.E.
Roanoke, VA 24012
Hickory Woods Apartments, LLC
3001 Hickory Woods Drive, N.E.
Roanoke, VA 24012
Robert L. and Mary M. Beard
3202 Richard Avenue, N.E.
Roanoke, VA 24012
Raymond O. and France Q. Adams
3210 Richard Avenue, N.E.
Roanoke, VA 24012
Clarence E. and Alice R.
Spradlin
3218 Richard Avenue, N.E.
Roanoke, VA 24012
Eddie M. Garlick and
Mary Frances Smith
3226 Richard Avenue, N.E.
Roanoke, VA 24012
7090114
7090115
Louise C. Johnson
3234 Richard Avenue, N.E.
Roanoke, VA 24012
Drewey Allen and Annabelle
Creasy
3242 Richard Avenue, N.E.
Roanoke, VA 24012
7090116
7090117
7100601
Patrick D. and Virginia K.
Rhodes
3258 Richard Avenue, N.E.
Roanoke, VA 24012
Fralin & Waldron, Inc.
P.O. Box 20069
Roanoke, VA 24018
The Roanoke Times
Ad Number: 50363462
Publisher's Fee: $113.10
JOLLY PLACE FRALIN & PRI
PO BOX 20487
ROANOKE, VA 24018
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:
05/03/96 FULL RUN - Friday
05/10/96 FULL RUN - Friday
Witness, this 13th day of May 1996
Authorized Signature
NOTICE OF PUBLIC HEARING
TO WI40M IT MaY CONCERN:
~Arflcte VII of Clmpter 36.1,
~979), ~ mnmlded, the Coun-
~'day, May ~, 1996, o1:7:00
p.m,, hi the Co~m~l Chembe~ In
the Munlc~ Bulkl~ 215
~ Av~u., ~s.w., on the
456, M~
~ und~ my ~dt~m
~ay of May,
' Maw 7. Pa~, O~y ~e~..
(~6S462)
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, July 15,
1996, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from
C-2, General Commercial District, to RM-2, Residential Multifamily
District, and RS-3, Residential Single Family District, to RM-2,
Residential Multifamily District, the following property:
That portion of a certain tract of land located at
Official Tax Nos. 7090506 and 7090501 fronting Orange
Avenue, N.E., and King Street, N.E., subject to certain
proffered conditions.
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 26th day of June , 1996.
Mary F. Parker, 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) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
August 9, 1996
File #51
Carolyn H. Coles, Chairperson
City Planning Commission
1501 Cove Road, N. W.
Roanoke, Virginia 24017
Dear Ms. Coles:
I am enclosing copy of Ordinance No. 33058-080596 amending Section 36.1-25,
~, of Chapter 36.1, Zg. QJDg, Code of the City of Roanoke (1979), as amended, to
define outdoor storage. Ordinance No. 33058-080596 was adopted by the Council of the
City of Roanoke on first reading on Monday, July 15, 1996, also adopted by the Council
on second reading on Monday, August 5, 1996, 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:sm
Eno.
H:~,~GENDA~UGUST.5
Carolyn H. Coles, Chairperson
City Planning Commission
August 9, 1996
Page 2
pc:
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 Roy B. Willett, Chief Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable G. O. Clemens, Judge, Twenty-Third Judicial Circuit of Virginia
The Honorable Clifford R. Weckstein, 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
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
Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations
The
The
The
The
The
The
District Court
The Honorable
District Court
The Honorable
District Court
The Honorable
District Court
Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations
Philip Trompeter, Judge, Juvenile and Domestic Relations
Joseph P. Bounds, Judge, Juvenile and Domestic Relations
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
Bobby D. Casey, Office of the Magistrate
Michael Meise, Acting Law Librarian
Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
James D- Grisso, Director of Finance
William F. Clark, Director, Public Works
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Mariam K. Alam, Neighborhood Partnership Coordinator
H:~,GENDA~,UGU~I'.5
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 1996.
No. 33058-080596.
AN ORDINANCE amending S36.1-25, Definitions, of Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, to
define outdoor storage.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.1-25, Definitions, of Chapter 36.1, Zoning, of
the Code of the City of Roanoke (1979), as amended, be, and is
hereby, amended and reordained to read and provide as follows:
Sec. 36.1-25. Definitions.
Outdoor Storage: The storing, in other than a wholly
enclosed building or porch, of any goods, items,
materials, furniture, appliances or merchandise in the
same place for more than twenty-four (24) consecutive
hours. A building or porch shall be considered not
wholly enclosed if it lacks a roof, or, if it has a roof,
if it lacks one or more sides or front walls.
ATTEST:
City Clerk.
H:\OP~D-Z-OUTD
Roanoke City Planning Commission
July 15, 1996
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subj eot:
Proposed amendment of the definition of Outdoor Storage as contained in
Section 36.1-25. Definitions., Code of the City of Roanoke (1979), as
amended.
I. Background:
Purpose of the proposed ordinance amendment is to tighten the current definition of
"outdoor storage" contained in the City's zoning ordinance.
Storage of discarded furniture, appliances, etc., on the front or rear porches or patios
of residential structures is one of the most common "eyesores" reported by
neighborhood groups as well as individual citizens. Open storage of junk was cited
among the top three eyesores reported by neighborhood organizations in a survey
conducted by the Roanoke Neighborhood Partnership in 1994.
Co
Eliminating eyesores and other blight is critical if Roanoke is going to be successful
in attracting new investment and residents in the City's older residential
neighborhoods.
D°
Roanoke City Council was briefed on the need to amend the City's zoning ordinance
to address this and other issues at a special briefing conducted on June 12, 1995.
II. Current Situation:
Current definition of "outdoor storage" has been tested in Court and was found not
to prohibit the storage of items on porches or other areas covered by a roof.
Planning Commission Ordinance and Names Subcommittee met on May 15, 1996,
to review the proposed ordinance amendment (attached). Subcommittee members
voted 3-0 to recommend approval of the proposed amendment to the full Planning
Commission.
Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia24011 (703) 981-2344
Planning Commission public hearing was held on June 3, 1996. Mr. John P.
Bradshaw, Jr., Chairman of the Ordinance and Names Subcommittee, summarized
the proposed amendment. Mr. Bradshaw noted that a revised draft of the
amendment, prepared by the City Attorney, was being recommended to the full
Commission for approval.
III. Recommendation:
By a vot~ of 7-0, the Planning Commission recommends approval of the proposed
amendment to the definition of outdoor storage. The proposed amendment will help
eliminate a major source of blight in the City's older residential neighborhoods.
Respectfully submitted,
Carolyn H. Coles, Chairman
Roanoke City Planning Commission
JRM:mpf
attachment
cc: Assistant City Attorney
Zoning Administrator
Partnership Coordinator
PROPOSED ZONING ORDINANCE AMENDMENT
Comment:
One of the most common "eyesores" reported by neighborhood groups as well as individual
citizens in the community is the storage of discarded furniture, appliances, etc., on the from
or rear porch, deck or patio of residential homes. The current definition of"outdoor storage"
was tested in court and was found not to include the storage of these miscellaneous items
because the porch areas were covered by the roof portion of the structure and therefore, was
not outdoor (in any yard area open to sun, rain, etc.). In response to this finding and in order
to address this "blighting" and "eyesore" effect on residential areas of the community, the
following text amendment and revision is being proposed.
Proposed Amendment(s):
Amend Section 36.1-25. Definitions. (page 2892) by revising the following text as presented:
The storing, in other than a wholly enclosed building, of any goods, items, materials, furniture,
appliances or merchandise in the same place for more than twenty-four (24) consecutive hours. A
building or porch shall be considered not wholly enclosed if it lacks a roof, or, if it has a roof, if it
lacks one or more side or front walls.
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) 981-2541
Fax: (540) 224-3145
July 1, 1996
File #24-51
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, Apdl 6; 1981, I have advertised public hearings to be held on Monday, July 15, 1996, on
the following matters:
Request of Charley Davis that a certain 0.477-acre tract of land lying on the north
side of Route 24, west of Fifth Street and south of Bullitt Avenue, $. E., described as
Official Tax Nos. 4013504, 4013505, 4013517, 4013520, 4013521, and a portion of
Official Tax Nos. 4013515 and 4013516, be rezoned from RM-2, Residential Multi-
family, Medium Density District, to C-2, General Commercial District, subject to
certain conditions proffered by the petitioner.
Request of Douglas E. Caton that a portion of a certain tract of land located at
Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and King Street,
N. E., be rezoned from C-2, General Commercial District, to RM-2, Residential
Multifamily District, and R6-~, Residential Single-family District, to RM-2, Residential
Multifamily District, subject to certain conditions proffered bY the petitioner.
/Consideration of an amendment and revision to Chapter 36.1, ~,gJ:lil~, Code of the
City of Roanoke (1979), as amended, to define outdoor storage in order to eliminate
a source of blight in older residential neighborhoods.
If you desire additional information pdor to the public hearings, please do not hesitate to call me.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
The Honorable Mayor and Members
of the Roanoke City Council
July 1, 1996
Page 2
pc:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attomey
Steven J. Talevi, Assistant City Affomey
Willard N. Claytor, Director of Real Estate Valuation
Kathy L. Bdckey, Appraiser Aide, Real Estate Valuation
Kit B. Kiser, Director of Utilities and Operations
William F. Clark, Director of Public Works
Charles M. Huffine, City Engineer
Ronald H. Miller, Building Commissioner, w/enclosures
Carolyn H. Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W.,
Roanoke, Virginia 24017
John R. Madles, Agent, City Planning Commission, w/enclosures
Evelyn D. Dorsey, Zoning Administrator, wlenclosums
Martha P. Franklin, Secretary, City Planning Commission
Rose M. Woodford, Secretary to the Assistant City Manager
H:~REZOI~gNGt,JULY.~t~)
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of §15.1-431, Code of Virginia
(1950), as amended, the Council of the City of Roanoke will hold a
Public Hearing on Monday, July 15, 1996, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the Council Chamber in
the Municipal Building, 215 Church Avenue, S.W., in order to
consider an amendment and revision to Chapter 36.1, Zoning, Code of
the City of Roanoke (1979), as amended.
The proposed amendment would amend the following section of
Chapter 36.1, Zoning, of the Code of the City of Roanoke (1950), as
amended: §36.1-25, Definitions, "Outdoor Storage" to help
eliminate a source of blight in the older residential
neighborhoods. A copy of said proposed amendment is available for
review in the Office of the City Clerk, Room 456, Municipal
Building. Questions about the content of the proposed regulation
should be directed to the Office of Community Planning, 981-2344.
All parties in interest may appear on the above date and be
heard on the question.
GIVEN under my hand this 26th day of June , 1996.
Mary F. Parker, City Clerk.
H:\NOTICE\N-Z-OUTD
The Roanoke Times
Ad Number: 62893603
Publisher's Fee: $133.40
MARY F. PARKER, CITY CLE
ROOM 456, MUNICIPAL BUIL
215 CHURCH AVENUE, S.W.
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:
06/28/96 FULL RUN - Friday
07/05/96 FULL RUN - Friday
Witness, this 8th day of July 1996
Authorized Signature
OF PUBUC HEARING
NOTICE
TO WHOM iT MAY CONCERN:
Pursuant to the provisions of
§15.1-431, Code of VIr~lnla
(1950), as amended, the Ooun-
cji of the City of Roanoke
hold · Public Hearing on Monk
day, Jul~ 15, 1996, at 7:00
p.m., oJ' as 8oon the~esfter as
the matter may be heard, in
the Council Chamber in the
Munk~pal Building, 215 Church
Avenue, S.W., in order to con-
sion to ChN~ter 36.1, Zo~ln~
Code of the City of' Roanoke
(1979), es amended.
The proposed amendment
would emend the followln~ sec-
tion of Chapter 36.1, Zonin~ of
the Code of the City of
Roanoke (1950), as amended:
§36.1-25, De~nlflons~ uOutdnor
Storage' to beep eliminate a
source of bli~t in the older
residential n~ghborhoeds. A
copy of said pmpoaed amend-
ment Is available for review in
the Office of the City Clerk,
Room 456, Municipal Building.
Questions about the conte~ of
the proposed regulation should
be directed to the Office of
Community Planning,
981-2344.
All parties in interest may
appear on the above date and
be hemal on the question.
GIVEN under my hand this 26th
day of June, 1996o
Me~y F. Parker, City Clerk.
(393603)
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN: ....
The Roanoke City Planning Commission will hold a public hearing on Wednesday, June 5, 1996,
at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal
Building, 215 Church Avenue, S.W., in order to consider the following:
Proposed amendment of the definition of Outdoor Storage as contained in Section 36.1-25.
Definitions,Code of the City of Roanoke (1979), as amended.
A copy of said application is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, May 21, 1996 and Tuesday, May 28, 1996
Please bill and send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Mary F. Parker, CMCIAAE
C~y C~rk
CITY OF ROANOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
August 12, 1996
File #132-178
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, August 5,
1996, Council Member White requested that you informally inquire as to the policy of the
Roanoke Redevelopment and Housing Authority with regard to addressing emergency
repairs to public housing facilities.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
H:~AGENDA~AUGUST.$
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy ci~ c~rk
August 13, 1996
File #55-66-467-488-514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, August 5,
1996, Council Member Harris requested information with regard to potential use of the
City's streets for school bus transportation to access Hidden Valley Junior High School,
i.e., which streets are proposed to be used, which bus routes will affect residential areas,
what has happened at citizen/community meetings to date, what is Roanoke County's
proposal, and what authority does the City have to either approve or deny the request.
Council was advised that an Internal Study Team will draft a position paper for
presentation to Council no later than August 19, 1996. Mr. C. Michael Thacker, 4929
Mount Holland Drive, S. W., requested that a representative of the neighborhood be
included on the City's Internal Study Team to present concerns/suggestions of area
residents.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
pc:
Mr. C. Michael Thacker, 4929 Mount Holland Drive, S. W., Roanoke, Virginia
24018
Rose M. Woodford, Executive Secretary, City Manager's Office
H:~,GENDA~AUGU~r.5
Mary F. Parker, CMCIAAE
c~ c~,~
CITY OF ROANOKE
Office of the City Clerk
Sandm H. Eakin
Deputy City Clerk
August 12, 1996
File ~:~-144-253
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, August 5,
1996, Ms. Vemice Law, 1019 Staunton Avenue, N. W., appeared before Council on behalf
of her son who is affiliated with Consolidated Waste Industries, and requested that the City
take note that there'is a qualified minority refuse collection/waste company located in the
Roanoke area.
Sincerely,
Mary F. Parker, CMCIAAE
City Clerk
MFP:sm
H:~AGENOA~AUGI.J~r,5