HomeMy WebLinkAboutCouncil Actions 08-05-02R O/INOKE CITY CO UNCIL
REGULAR SESSION
CUTLER
35999-080502
AUGUST 5, 2002
12:15 P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
(Council Members Harris and Dowe
were absent.)
A communication from Mayor Ralph K. Smith requesting a Closed Meeting
to discuss vacancies on various authorities, boards,, commissions and
committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code
of Virginia (1950), as amended.
File #110-132
(Approved 5-0)
AT 12:18 P.M., THE MEETING WAS DECLARED IN RECESS TO BE
IMMEDIATELY RECONVENED IN ROOM 159, IN CONNECTION
WITH A BRIEFING ON CURB, GUTTER AND SIDEWALK; AND
YEAR END CAPITAL MAINTENANCE AND EQUIPMENT
REPLACEMENT PROJECTS. (ALL COUNCIL MEMBERS WERE
PRESENT FOR THE BRIEFINGS.)
File #57-60-270
AT 1:55 P.M., THE MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 2:00 P.M. IN THE COUNCIL CHAMBER.
ROANOKE CITY CO UNCIL
REGULAR SESSION
AUGUST 5, 20O2
2:00P. M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
The Invocation was delivered by The Reverend Diane Scribner
Clevenger, Pastor, Unity Church of Roanoke Valley.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, August 8, 2002,
at 7:00 p.m., and Saturday, August 10, 2002, at 4:00 p.m. Council meetings
are now being offered with closed captioning for the hearing impaired.
2
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM,
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT
WWW.ROANOKEGOV. COM, TO OBTAIN AN APPLICATION.
3
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
A resolution memorializing the late Sylvian Elaina Loritts.
Adopted Resolution No. 35999-080502. (7-0.)
File #367
The Mayor recognized 2002 participants in the City of Roanoke
Internship Program.
File #80
The Members of Council expressed sympathy upon the passing of former
Mayor James Taliaferro, City of Salem.
File #367
e
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1
Minutes of the regular meeting of City Council held on Monday,
June 17, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
4
C-2
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 19, 2002, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to the vacation and
dedication of a sanitary sewer easement located at 3138 Gum Spring Street,
S.E.
RECOMMENDED ACTION: Concur in the request.
File #27-28
C-3
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 19, 2002, at 7:00 p.m., or as
soon thereafter as the matter may be heard, with regard to a proposed lease of
City-owned property located in the 4100 block of Wyoming Avenue, identified
as Official Tax No. 2770406, to Cellco Parmership, a Delaware general
partnership, d/b/a/Verizon Wireless.
RECOMMENDED ACTION: Concur in the request.
File #166-291-373
C-4
A communication from the City Manager requesting that Council
schedule a public hearing for Monday, August 19, 2002, at 7:00 p.m., or as
soon thereafter as the matter may be heard, in connection with a Deed of
Release and Dedication of a Quitclaim Deed for a new waterline easement to
be located at the Falling Creek Filtration Plant.
RECOMMENDED ACTION: Concur in the request.
File #28-468
C-5
A communication from William E. Skeen tendering his resignation as
a Trustee of the Roanoke City School Board, effective July 24, 2002.
RECOMMENDED ACTION:
File #110-467
Receive and file the
accept the resignation.
communication and
C-6 Qualification of the following persons:
Susan W. Jennings as a member of the Roanoke Arts
Commission for a term ending June 30, 2005;
David K. Lisk as a member of the Roanoke Valley-
Alleghany Regional Commission for a term ending
June 30, 2003;
Stanley G. Breakell and Pamela S. White as members of
the Roanoke Public Library Board for terms ending
June 30, 2005;
Fredrick M. Williams as a member of the City Planning
Commission, to fill the unexpired term of Alfred T. Dowe,
Jr., resigned, ending December 31, 2004;
John C. Moody, Jr., as a member of the Board of Fire
Appeals for a term ending June 30, 2006;
Lylbum D. Moore, Jr., as a member of the Personnel and
Employment Practices Commission for a term ending
June 30, 2005;
Sherman A. Holland as a member of the Roanoke Valley
Area Metropolitan Planning Organization for a term ending
June 30, 2005; and
Glenn D. Radcliffe as a member of the Human Services
Committee for a term ending June 30, 2003.
RECOMMENDED ACTION: Receive and file.
File #15-70-72-110-200-202-230-318-323-326-407
6
REGULAR AGENDA
e
PUBLIC HEARINGS:
a. Public hearing to receive views of' citizens regarding appointment of a
School Board Trustee to fill the unexpired term of' Sherman P. Lea,
resigned, ending June 30, 2003. Candidates for the position are:
Edna Crabbere
David Dabay
F. B. Webster Day
John W. Elliott, Jr.
William H. Lindsey
All remarks were received and filed.
File/ti 10-467
5. PETITIONS AND COMMUNICATIONS: NONE.
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
A communication recommending the use of competitive
negotiation as the method to secure a management company for
the Market Building.
Adopted Resolution No. 36000-080502. (7-0.)
File #32-42
7
A communication recommending the use of competitive
negotiation as the method to secure vendors to provide job
readiness training for clients of the Employment Services
Program within the Department of Social Services.
Adopted Resolution No. 36001-080502. (7-0.)
File #72
o
A communication recommending acceptance of a certain Local
Law Enforcement Block Grant from the United States Department
of Justice, in the amount of $129,407.00, with the City to provide
an additional $14,379.00 in local match; and appropriation of
funds in connection therewith.
Adopted Budget Ordinance No. 36002-080502 and Resolution
No. 36003-080502. (7-0.)
File #5-60-236
A communication recommending acceptance of aLocal
Government Challenge Grant from the Virginia Commission for
the Arts, in the amount of $5,000.00; and appropriation of funds
in connection therewith.
Adopted Budget Ordinance No. 36004-080502 and Resolution
No. 36005-080502. (7-0.)
File #60-236
Se
A communication recommending acceptance of a grant award
under the Temporary Assistance for Needy Families (TANF)
Hard-to-Serve Project from the Virginia Department of Social
Services, in the amount of $207,933.00; and appropriation of
funds in connection therewith.
Adopted Budget Ordinance No. 36006-080502 and Resolution
No. 36007-080502. (7-0.)
File #60-72-236
8
A communication recommending acceptance of a grant from the
U. S. Environmental Protection Agency in connection with
vulnerability assessments of the City's potable water systems, in
the amount of $115,000.00; and appropriation of funds in
connection therewith.
Adopted Budget Ordinance No. 36008-080502 and Resolution
No. 36009-080502. (7-0.)
File #60-236-468-529
o
A communication recommending execution of a 2002-03
Community Development Block Grant (CDBG) Program
Agreement with the Blue Ridge Small Business Development
Center, in the amount of $105,000.00.
Adopted Resolution No. 36010-080502. (7-0.)
File #200-236
o
A communication recommending execution of a 2002-03
Community Development Block Grant (CDBG) Program
Agreement with the Roanoke Regional Chamber of Commerce,
in the amount of $105,000.00.
Adopted Resolution No. 36011-080502. (7-0.)
File #99-200-236
o
A communication recommending acceptance of a bid submitted
by H. & S. Construction Co., for construction of a greenway
connecting Elmwood Park and Piedmont Park, by way of
Williamson Road, Walnut Avenue Bridge, and Riverview
Boulevard, S. E., in the amount of $655,761.20, and rejecting all
other bids received by the City; and donations from the Horace G.
Fralin Charitable Trust, Branch Highways, Inc., J. M. Turner and
Co., Inc., and Lanford Brothers Co., in connection with the Mill
Mountain Greenway project.
Adopted Budget Ordinance No. 36012-080502, Ordinance No.
36013-080502, and Resolution No. 36014-080502. (7-0.)
File #60-67-379
9
10.
A communication recommending appropriation of $400,000.00
in capital fund interest eamings in connection with the YMCA
Aquatic Center and the Roanoke River Greenway Projects.
Adopted Budget Ordinance No. 36015-080502. (6-0, Council
Member Bestpitch abstained from voting inasmuch as his
spouse is employed by the YMCA of the Roanoke Valley.)
File #60-100-256-379
11.
A communication recommending appropriation of $80,346.00 to
provide funds to the Fifth District Disability Services Board.
Adopted Budget Ordinance No. 36016-080502. (7-0.)
File #60-326
12.
A communication with regard to the Fifth Planning District
Regional Alliance's Regional Economic Strategy.
Adopted Resolution No. 36017-080502. (7-0.)
File #99-326-450
b. DIRECTOR OF FINANCE:
Financial report for the month of June 2002.
Received and filed.
File #1-10
7. REPORTS OF COMMITTEES:
ao
A report from the Architectural Review Board requesting that Council
review proposed changes to the streetscape for Kirk Avenue between
Market Street and Williamson Road, S. W. Robert N. Richert, Chair,
Spokesperson.
The matter was referred to the City Manager for study, report and
recommendation to Council.
File #110-249-514
10
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 35977, on second reading, authorizing the proper City
officials to enter into a Deed of Lease Extension between the City of
Roanoke and Roanoke Valley Swimming, Inc., for the lease and
operation of certain City-owned property known as the Gator Aquatic
Center, upon certain terms and conditions.
Adopted Ordinance No. 35977-080502. (7-0.)
File #256-373
10. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Council Member Carder commended City staff for their efforts in
connection with establishing outdoor dining.
File #80-555
Council Member Carder requested that Council discuss the
feasibility of reopening Jefferson Street to vehicular/pedestrian
traffic at its August 13, 2002 Planning Retreat. He pointed out that
Norfolk/Southern closed the Jefferson pedestrian crossover at about
the time that the walkway was opened to the Hotel Roanoke and
Conference Center.
File #200-223-247-514
Council Member Carder referred to the City's Comprehensive Plan
as it relates to traffic issues/traffic calming, versus traffic moving
expeditiously from one point to another throughout the City. He
stated that the Comprehensive Plan should be the vision by which
Council bases its decisions as a City Council and the ruler by which
all decisions are made by City staff and management. As a part of
11
Council's Planning Retreat on August 13, 2002, he requested that
Council discuss the matter of neighborhood streets and workhorse
streets. He referred to the Bullitt/Jamison neighborhood where
residents have requested two-way streets, and advised that streets
running through neighborhoods should be pedestrian friendly.
File #165-200-514
Council Member Cutler congratulated the Grandin Theater
Foundation on raising over $1 million toward the reopening of the
Grandin Theater in the fall of 2002.
File #80-551
Council Member Cutler commended the number of persons who
were involved in bringing the temporary Crystal Spring water
supply on line as expeditiously as possible, and requested that
appreciation be expressed to those individuals at a future City
Council meeting.
File #80-468
be
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY
MANAGER WILL BE REFERRED IMMEDIATELY FOR RESPONSE,
RECOMMENDATION OR REPORT TO COUNCIL.
ao
Request of Sensei Joseph Catlett, Jr., to address Council with regard to
a combat arts program for City youth. (Not present.)
Mr. Fred Flowers, 3207 White Oak Road, S. W., addressed Council
in connection with the request of Structures Design/Build, L.L.C.,
for closure of a portion of the Franklin Road right-of-way to
facilitate development of a 3.5 acre strip of land lying between
Franklin Road and residential property on Franklin Road, which
12
matter was the subject of a public hearing by Council on Monday,
July 15, 2002, and referred to the City Manager to address issues of
pricing and language regarding the degree of the cut of the land. He
presented a proposal of residents of White Oak Road to purchase
the 3.5 acres of land and immediately donate the land to the City of
Roanoke for use as a permanent green space. He advised that
should Council grant or sell the excess Franklin Road right-of-way
to Structures Design/Build, such action will enhance the economic
feasibility of a commercial development project and will most likely
kill any chance of residents to preserve the land in its present state.
He asked that Council deny the request of Structures Design/Build,
L.L.C.
Also appearing in support of the request were Mr. James Mullitt,
3224 White Oak Road, S. W., and Mr. William Jappich, 3215 White
Oak Road, S. W.
File #51-68-379
Mr. Robert Gravely, 617 Hanover Avenue, N. W., addressed
Council in connection with insufficient wages for the City's work
force, deteriorating housing in the City of Roanoke, and favoritism
by Council and the City administration of business over the average
citizen. He alleged taxation without representation, misuse of
power, and obstruction of justice.
File #66-79-132-184
12. CITY MANAGER COMMENTS:
The City Manager referred to a grant application approved earlier in the
meeting with regard to additional security measures for the City's water
systems, which is one of two grants that the City has received as a result
of the contract with The Randall Corporation to prepare grant writing
applications enabling the City of Roanoke to receive at least $1 million in
grants. She reported that with the two grants that were recently
approved, The Randall Corporation has more than paid for its two year
contract rate and will continue to apply for various grants on behalf of the
City.
File #236-468
13
The City Manager expressed appreciation that several members of
Council have recently given credence to the importance of the City's
Comprehensive Plan and the need for the Comprehensive Plan to serve as
the City's future vision. During the Planning Retreat on August 13, she
requested that Council use the Comprehensive Plan as a guiding tool for
prioritizing activities of City staff over the next several years. She further
advised that the Regional Economic Development Strategy, which was
approved earlier in the meeting and involved regional cooperation by the
public and private sectors, should also serve as a guiding tool for the
future. She stated that the proof of both plans is in their implementation,
and encouraged Council to hold up the two documents to City staff to
ensure that the City is on a course of action that will take the Roanoke
community and the Roanoke Valley to greatness.
File #99-200-450
At 3:45 p.m., the meeting was declared in recess for one Closed Session.
CERTIFICATION OF CLOSED SESSION. (7-0)
Council adopted a motion that those persons (Edna Crabbere, David
Dabay, F. B. Webster Day, John W. Elliott, Jr., and William H. Lindsey),
who applied for the School Board vacancy created by the resignation of
Sherman P. Lea also be considered for purposes of the public hearing for
the vacancy created by the resignation of William E. Skeen, pursuant to
those persons granting permission via contact by the City Clerk's Office.
(Upon contact by the City Clerk's Office, Mr. Day declined consideration
for the vacancy created by the resignation of William E. Skeen.)
File #467
The following persons were appointed to serve on various authorities,
boards, commissions and committees:
Board of Zoning Appeals
File #51-110
Diana B. Shepard for a term
ending December 31, 2005.
14
City of Roanoke Transportation
Safety Commission
File #110-316
Ann F. Harmon for a term
ending October 31, 2004.
(Council waived the City
residency requirement.)
Youth Services Citizen Board
File #110-304
Abbi Fitzpatrick and Lylburn
D. Moore, Jr., for terms
ending May 31, 2005; and
Cheryl D. Evans to fill the
unexpired term of Jenna
Decker, ending May 31, 2003.
Roanoke Redevelopment and
Housing Authority
File #178-110
Christie L. Meredith and
Beverly T. Fitzpatrick, Jr., for
terms ending August 31, 2006.
Virginia Western Community
College, Board of Directors
File #110-467
Barry W. Baird for a term
ending June 30, 2006.
AT 4:40 P.M., THE COUNCIL MEETING WAS DECLARED IN
RECESS TO BE RECONVENED ON TUESDAY, AUGUST 13, 2002, AT
9:00 A.M., IN THE EXECUTIVE BOARD ROOM AT BERNARD'S
LANDING RESORT AND CONFERENCE CENTER, 775 ASHMEADE
ROAD, MONETA, VIRGINIA, FOR CITY COUNCIL'S PLANNING
RETREAT.
15
RALPH K. SMITH
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE, S.W., ROOM 452
ROANOKE, VIRGINIA 24011-1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
August 5, 2002
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I would like to request a Closed Meeting to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.2-37,11
(A)(1), Code of Virginia (1950), as amended.
Sincerely,
RKS:sm
N:~CKSMI~AGENDA.02\CLOSED SESSION ON VACANCIES.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 5, 2002
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject: Curb, Gutter and Sidewalk
This is to request space on Council's regular agenda for a 15-minute briefing on
the above referenced subject.
Respectfully submitted,
Darlene L. Burc~~~~~'~
City Manager
DLB:sm
c: City Attorney
Director of Finance
City Clerk
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JESSE A. HALL
Director of Finance
email: jesse hall~ci.roanoke.va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver~cLroanoke.va.us
August 5, 2002
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject: Briefing
This is to request space on your 12:15 agenda for a 30-minute briefing on the
General Fund, year-end CMERP, and Governmental Accounting Standards
Board 33 (GASB 3:3).
Sincerely,
Jesse A. Hall
Director of Finance
JAH:ca
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Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-153 6
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clcrk~ci.roanoke.va, us
August 8, 2002
File #367
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Dr. Crawford Loritts, Jr.
551 Mary Erna Drive
Fairburn, Georgia 30213
Ms. Lavonia Loritts Anderson
495 Keystone Lane, #93
Myrtle Beach, South Carolina 29577
Dear Dr. Loritts and Ms. Anderson:
i am enclosing copy of Resolution No. 35999-080502 memorializing your late sister,
Ms. Sylvian Elaina Loritts. The Mayor, Members of City Council and citizens of the City of
Roanoke send their deepest condolences.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 35999-080502.
A RESOLUTION memorializing the late Sylvian Elaina Loritts, a citizen of Roanoke
since 1977.
WHEREAS, the members of Council learned with sorrow of the passing of Ms. Loritts
on Sunday, July 14, 2002; and
WHEREAS, Ms. Loritts was bom and raised in Newark, New Jersey; and
WHEREAS, Ms. Loritts worked for Bell Laboratories in New Jersey before moving to
Roanoke; and
WHEREAS, Ms. Loritts was dedicated to serving the Roanoke community, and was an
active member of the NAACP (Roanoke Branch); and
WHEREAS, Ms. Loritts served on the Fair Housing Board from September 1995 until
April 2001, and convinced the Board to undertake many initiatives that were started by her; and
WHEREAS, Ms. Loritts was a member of the Roanoke Neighborhood Parmership
Steering Committee, the Youth Services Citizen Board and the American Business Women's
Association; and
WHEREAS, Ms. Loritts was a chief poll worker for the Registrar's Office and worked as
a temporary employee for the Roanoke Public Library in the Genealogy Department; and
WHEREAS, Ms. Loritts was a great community activist, encouraging people to register
to vote and to get involved in their community.
WHEREAS, Ms. Loritts was a faithful member of the High Street Baptist Church, where
she served on the Deaconess Board and was a member of the Missionary Society.
H:hRES OLUTION ShR-Loritts080502 .doc
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council adopts this resolution as a means of recording its deepest regret and
sorrow at the .passing of Sylvian
condolences.
2.
Elaina Loritts, and extends to her family its sincerest
The City Clerk is directed to forward an attested copy of this resolution to Ms.
Loritts' sister, Lavonia Loritts Anderson, in Myrtle Beach, South Carolina, and to her brother,
Dr. Crawford Loritts, Jr., in Atlanta, Georgia.
ATTEST:
City Clerk.
H:LRESOLUTIONS~R-Loritts080502.doc
Summer Interns
Mary Cook-Moore
2002 Graduate National Business College/Degree in Accounting
Department - Billings and Collections
Intern Responsibilities: Auditing of State and City Sales Taxes, Updated Admissions
and Food Tax Guidelines, Generated newspaper ad for City of Roanoke that appeared
in Roanoke Times.
Shayla Evans
Rising SeniorNirginia State University/Majoring in Business Management and
Accounting
Department- Planning and Building
Intern Responsibilities: Created Customer Brochures, Created documents on Excel for
Street Opening Bonds and for Deferred Bonds, Issued permits, Ran Inspector Reports,
Log Maintenance Reports.
Jesse Hobson
2002 Graduate/Roanoke College/Degree in Business Administration
Department - Fleet Management
Intern Responsibilities: Verify Mileage on City Vehicles, Process and Create
Maintenance Manuals, Assist in counting of inventory, Adjust inventory on MCMS
System, Occasionally fill in as a parts runner.
Jessica Kleinhans
Rising Senior/Radford University/Majoring in Information Systems
Department- Finance
Intern Responsibilities: Loading Budget Ordinances, Preparing and completing Vendor
Invoice Worksheets and Journal Entries as well as End of Year Financial Statements.
Patrice Lewis
Rising Senior/University of Virginia/Majoring in Sociology
Department - Circuit Court
Intern Responsibilities: Complete Marriage Licence Packets and enter information into
computer, Assist with recording deeds and scanning them into the system, Sort and
organize various legal documents such as motions of judgement ,warrants and
sentencing and conviction orders.
Konaka Robinson
2002 Graduate/University of Virginia/Degree in Foreign Affairs and Sociology
Department - Social Services
Intern Responsibilities: Support Social Workers with intakes, placements and court
appearances, Streamline departments records and files, Facilitate and monitor client
visits.
Sarah Ross **
Rising Senior/Radford University/Majoring in Communications
Department- Library
Intern Responsibilities: Enter various information into computer, assist customers, sort
and organize books and other publications.
Donald Smith
Rising SeniorNirginia Tech/Majoring in Environmental Science
Department - Wastewater Treatment
Intern Responsibilities: Completed Daily and Monthly Plant Reports, Calculations of
Chemical usage and plant flows, Daily monitoring of the Roanoke River, Updating the
Water Pollution Control Plant's operation manual.
David Steidlem**
3rd Year Law Student/Appalachian School of Law
Department - City Attorneys Office
Intern Responsibilities: Conduct pre-discovery on various Cases, Legal Research and
writing of briefs, Observe various court cases and legal hearings.
James Toliver
Rising SeniorNirginia State University/Majoring in Business and Marketing
Department - Civic Center
Intern Responsibilities: Handled payroll and accounts receivable duties, Organized files
for various events. Marketing and interacting with the community by passing out fliers
and giving out information.
Andre Via
Rising Senior/University of Virginia/Majoring in Sociology and Philosophy
Department - Real Estate Evaluation
Intern Responsibilities: Part of major undertaking to modernize current information
system, Converted "old paper filing" system into a new computerized system known as"
Proval".
**Students have already left and maybe not be in attendance
C'1'
REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL
June 17, 2002
2:00 p.m.
NOTE: Some agenda items were addressed out of sequence, either because
the Mayor was not present, or due to a 5:00 p.m., meeting which caused some
agenda items listed on the 2:00 p.m., docket to be considered at the 7:00 p.m.
session. Notation will be made, as needed.
The Council of the City of Roanoke met in regular session on Monday,
June 17, 2002 at 2:00 p.m., the regular meeting hour, in the City Council Chamber,
fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of
Roanoke, Virginia, with Vice-Mayor William H. Carder presiding for a portion of the
meeting and Mayor Ralph K. Smith presiding over the remainder of the meeting,
pursuant to Chapter 2, Administration, Article II, City Council, Section 2.15, Rules of
Procedure, Rule 1, Reqular Meetin_~s, Code of the City of Roanoke (1979), as
amended. -~ *
PRESENT: Council Members William D. Bestpitch, Linda F. Wyatt, William
White, Sr., W. Alvin Hudson, Jr., C. Nelson Harris and Vice-Mayor William H.
Carder ................................................................................. -6
ABSENT: Mayor Ralph K. Smith .............................................................. 1.
(Mayor Smith arrived at 3:15 p.m.)
OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend George L. Edwards,
Pastor, Melrose Christian Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Vice-Mayor Carder.
PRESENTATIONS AND ACKNOWLEDGMENTS:
ACTS OF ACKNOWLEDGMENTS.CITY COUNCIL: Mr. Harris offered the
following resolution paying tribute to the Honorable W. Alvin Hudson, Jr., for his
service as a Member of Roanoke City Council from July 1, 1998 through June 30,
2002, and expressing to him the appreciation of the City of Roanoke and its people
for his exemplary public service:
(#35902-061702) A RESOLUTION paying tribute to the Honorable W. Alvin
Hudson, Jr., and expressing to him the appreciation of this City and its people for
his exemplary public service.
(For full text of Resolution, see Resolution Book No. 65, page 149.)
Mr. Harris moved the adoption of Resolution No. 35902-061702. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder
and Mayor Smith ...................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Council Member Hudson abstained from voting.)
The Mayor presented Mr. Hudson with a ceremonial copy of the above
reference measure.
(Resolution No. 35902-061702 was considered out of sequence.)
ACTS OF ACKNOWLEDGMENT-CITY COUNCIL: Mr. Harris offered the
following resolution paying tribute to the Honorable William White, Sr., for his
service as a Member of Roanoke City Council from July 1, 1990 through June 30,
2002, and expressing to him the appreciation of the City of Roanoke and its people
for his exemplary public service.
(#35903-061702) A RESOLUTION paying tribute to the Honorable William
White, Sr., and expressing to him the appreciation of this City and its people for his
exemplary public service.
(For full text of Resolution, see Resolution Book No. 65, page 150.)
Mr. Harris moved the adoption of Resolution No. 35903-061702. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Hudson, Harris, Carder
and Mayor Smith ......................................................................................... -6.
NAYS: None ............................................................................... ,.... ...... 0.
(Council Member White abstained from voting.)
(Resolution No. 35903-061702 was considered out of sequence.)
The Mayor presented. Mr. White with a ceremonial copy of the above
referenced measure.
ACTS OF ACKNOWLEDGMENT: The Vice-Mayor Carder recognized Dr. John
McKenna, CEO, Environmental Training Services, Inc., who introduced 17 special
guests from Russia, who are visiting the United States to further their learning about
oil and gas development projects and the impact on the environment, in order to
translate this experience into a similar democratic Russian process. He advised that
training as been provided by Environmental Training Services, Inc., since June 4 and
the delegation will leave the Roanoke area on June 5.
Dr. McKenna and Ms. Natalia Kee, Interpreter, assisted the Vice-Mayor in
presenting City lapel pins and Honorary Citizenship Certificates to each guest.
ACTS OF ACKNOWLEDGEMENT-COMMITTEES.DISABLED PERSONS:
Christene A. Montgomery, Chair, Mayor's Committee for People with Disabilities
presented a plaque of appreciation to Council Member Hudson for his service as a
member of the Mayor's Committee for People with Disabilities.
AC~TS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. Harris offered the
following resolution memorializing the late Right Reverend William Henry
Marmion, D.D., Third Bishop of the Episcopal Diocese of Southwestern Virginia of
Roanoke:
(#35904-061702) A RESOLUTION memorializing the late The Right Reverend
William Henry Marmion, D.D., Third Bishop of the Episcopal Diocese of
Southwestern Virginia, of Roanoke.
(For full text of Resolution, see Resolution Book No. 65, page 152.)
Mr. Harris moved the adoption of Resolution No. 35904-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
3
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and Vice-
Mayor Carder ..... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
The Vice-Mayor presented a ceremonial copy of the above referenced measure
to Roger N. Marmion, son of the late Bishop Marmion.
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. Harris offered the
following resolution memorializing the late Carl E. Stark, a physician and former
Mayor of Wytheville, Virginia:
(#35905-061702) A RESOLUTION memorializing the late Carl E. Stark, a
physician and former Mayor of Wytheville, Virginia.
(For full text of Resolution, see Resolution Book No. 65, page 154.)
Mr. Harris moved the adoption of Resolution No. 35905-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder .... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
AIRPORT-ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS: Mr. Harris
offered the following resolution memorializing the late Martha Anne Woodrum
Zillhardt, a Iongtime resident of Roanoke and Fincastle, Virginia:
(#35906-061702) A RESOLUTION memorializing the late Martha Anne
Woodrum Zillhardt, a Iongtime resident of Roanoke and Fincastle, Virginia.
(For full text of Resolution, see Resolution Book No. 65, page 155.)
Mr. Harris moved the adoption of Resolution No. 35906-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
4
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ........ 6.
NAYS: None ........................................................................................ -0.
(Mayor Smith was absent when the vote was recorded.)
The Vice-Mayor presented a ceremonial copy of the above referenced measure
to Clifton A. Woodrum, III, nephew of the late Ms. Zillhardt.
CONSENT AGENDA
The Vice-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 one request for a closed session to
discuss vacancies on various authorities, boards, commissions and committees
appointed by Council.
MINUTES: Minutes of the regular meeting of Council held on Monday, May 6,
2002, and the special meeting held on Monday, May 13, 2002, were before the body.
Mr. Harris moved that the reading of the minutes be dispensed with and that
the, minutes be approved as recorded. The motion was seconded by Mr. Bestpitch
and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ..... 6.
NAYS: None ........................................................................................ -0.
(Mayor Smith was absent when the vote was recorded.)
COMMITTEES-CITY COUNCIL: A communication from the Mayor requesting
a Closed Meeting to discuss vacancies on various authorities, boards, commissions
and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of
Virginia (1950), as amended, was before Council.
Mr. Harris moved that Council concur in the request of the Mayor to convene
in Closed Meeting to discuss vacancies on various authorities, boards, commissions
and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and
adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and'
Vice- Mayor Carder ...................................................................................... -6.
NAYS: None ............................................................................... , ......... 0.
(Mayor Smith was absent when the vote was recorded.)
COMMITTEES-COMMUNITY PLANNING-ROANOKE NEIGHBORHOOD
PARTNERSHIP: A communication from Alfred T. Dowe, Jr., tendering his resignation
as a member of the Roanoke Neighborhood Partnership Steering Committee and the
City Planning Commission, was before Council.
Mr. Harris moved that the communication be received and filed and that the
resignation be accepted. The motion was seconded by Mr. Bestpitch and adopted
by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and Vice-
Mayor Carder ........... -6.
NAYS: None ............. : ...................... ~ .................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
OATHS OF OFFICE-PARKS AND RECREATION-COMMITTEES-YOUTH:The
following reports of qualification were before Council:
Sherman A. Holland as a member of the Youth Services Citizen
Board for a term ending May 31, 2005; and
Geraldine LaManna for a term ending March 31,2003, and Carl H.
Kopitzke for a term ending March 31, 2004, as members of the
Parks and Recreation Advisory Board.
Mr. Harris moved that the reports of qualification be received and filed. The
motion was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and Vice-
Mayor Carder ...................................................................................... -6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
REGULAR AGENDA
PUBLIC HEARINGS: NONE.
PETITIONS AND COMMUNICATIONS:
CITY CODE-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting approval by Council of a minor revision in the order of the City Council
agenda; whereupon, he transmitted an ordinance to provide that Comments by the
City Manager will be heard immediately following the Hearing of Citizens Upon
Public Matters section of the agenda, was before Council.
Ms. Wyatt offered the following ordinance:
(#35907-061702) AN'ORDINANCE amending and reordaining Rule 7, Order of
business; hearing of citizens, of §2-15, Rules of procedure, of the Code of the City
of Roanoke (1979), as amended, to provide for reversing the order of item 11,
Comments of the City Manager, and Item 12, Hearing of Citizens, in order to have the
City Manager's comments follow the Hearing of Citizens, effective July 1, 2002; and
dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 157.)
Ms. Wyatt moved the adoption of Ordinance No. 35907-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris and Vice-
Mayor Carder .... 6.
NAYS: None ........................................................................................ 0.
(Mayor Smith was absent when the vote was recorded.)
BUDGET-CIRCUIT COURT-EQUIPMENT: A communication from the Honorable
Arthur B. Crush, III, Clerk of Circuit Court, advising that the Clerk of the Circuit Court
is responsible, by statute, for the recordation of legal instruments which include:
Land Records, Marriage Licenses, Financing Statements, Assumed Names, Wills
and other Probate Records, and Law, Chancery and Criminal Orders; and these
records must be maintained and be available to the public, was before Council.
It was further advised that the Optical Character Recognition System, also
known as the Records Management Indexing/Scanning System, currently being used
to record the above-mentioned records can no longer facilitate the volume of
records being scanned; there is a need for additional, compatible equipment that will
allow several operators to perform like tasks simultaneously; such equipment is
available through the Supreme Court of Virginia at a cost of $63,424.00; and funding
in the amount of $63,424.00 is available from the Compensation Board of Virginia,
Technology Trust Fund.
It was explained that the Clerk of Circuit Court has been granted $63,424.00
from the Compensation Board of Virginia-Technology Trust Fund for upgrades to
and maintenance of current recordation equipment, which Grant does not require
a local match.
The Clerk of Circuit Court recommended that the City Manager be authorized
to execute the requisite documents to obtain funding from the Compensation Board-
Technology Trust Fund, and that the Director of Finance be authorized to establish
a revenue estimate in the amount of $63,424.00 in the Grant Fund and appropriate
funds to the appropriate Furniture and Equipment account.
A communication from the City Manager concurring in the recommendation
of the Clerk of Circuit Court, was also before Council.
Mr. Harris offered the following emergency budget ordinance:
(#35908-061702) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and providing for an emergency.
(For full ~ext of Ordinance, see Ordinance Book No. 65, page 158.)
Mr. Harris moved the adoption of Ordinance No. 35908-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ...... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Harris offered the following resolution:
(#35909-061702) A RESOLUTION accepting the grant offer made to the City by
the Compensation Board of Virginia and authoring execution of any required
documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 65, page 159.)
Mr. Harris moved the adoption of Resolution No. 35909-061702.
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members
The motion
Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ............................................................................... -6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
SCHOOLS-CITY EMPLOYEES: Lissy Meranda, Director of Community
Relations, Roanoke City Public Schools, expressed appreciation for the numerous
collaborations between Roanoke City government and the Roanoke City Public
Schools this past year which supported School Board priorities and student
achievement. She also expressed appreciation for the partnership with the Office
on Youth, specifically related to Student Government Day, and tours of the Municipal
Building which have provided students with an increased understanding regarding
the operation of City government. She called attention to an upcoming event, "Back
to School Extravaganza," in which students and families will be provided with a
multitude of services under one roof to help ensure that students experience a
successful start for the school year. She advised that the HERO'S Program (Help
Encourage Roanoke's Outstanding Educational Students") re-enforced the pillars
of charadter education and served as career development opportunities for students,
and the RISK Watch Instructional program benefitted hundred's of elementary
school children. She expressed appreciation for the opportunity to showcase the
fine arts talents of students by displaying their work throughout the Noel C. Taylor
Municipal Building, and called attention to new initiatives with the Parks and
Recreation Department, the Roanoke Redevelopment and Housing Authority, the
Health Department, and the Police Department. She expressed appreciation for the
partnership and support of the City of Roanoke in connection with the HOSTS
Program, "Helping One Student to Succeed", and introduced Shirley Thomason,
Reading Resource Teacher, Lincoln Terrace Saturn Network.
On behalf of HOSTS students at Lincoln Terrace Saturn Network,. Ms.
Thomason expressed appreciation to the Members of Council and to the City
Manager for permitting City employees to volunteer in the program, and advised that
during the last school year, 52 HOSTS volunteers, 40 from the City of Roanoke and
12 from the community, worked with 26 students in grades two and three, four days
each week from 9:30 to 10:30 a.m., and each mentor worked with the same two
students each week, contributing a total of 690 volunteer hours from September 17 -
May 1. She stated that each child read between 50 - 65 textbooks with their mentor,
students were tested at the beginning and at the end of the school year to obtain
their reading level, all students advanced and their self-esteem was raised through
interaction with their adult mentors. In addition to the reading program, she advised
that the mentors went the extra mile by collecting funds which enabled each child
participating in the program to receive four books during the holiday season and
another four books at the end of the school year. She explained that separate from
the HOSTS Program, a school mail delivery program, "We Deliver", was
implemented, every hallway in the school building was provided with a street name,
and the City's Director of Public Works, Robert K. Bengtson, assisted in acquiring
street signs that made the program more realistic. She commended the City of
Roanoke for helping students at the Lincoln Terrace Saturn Network to succeed.
Chelsea Dyer, student at Lincoln Terrace Saturn Network, advised that she
enjoyed working with her mentors each week, the program helped her to become
a better reader and improved other learning skills, and requested that the program
be offered to fourth and fifth graders.
Along with Ms. Thomason and Freida Hines, Principal, Lincoln Terrace Saturn
Network, Ms. Meranda presented the City Manager with a plaque of appreciation.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-HOUSING/AUTHORITY-COMMUNITY PLANNING-GRANTS: The City
Manager submitted a communication advising that ESG funds are allocated under
the Stewart B. McKinney Homeless Assistance Act and must be used to provide
assistance to the homeless or those at risk of becoming homeless; and Council
authorized filing an ESG application through submission of the Annual Update to the
Consolidated Plan to the U. S. Department of Housing and Urban Development (HUD)
for FY 2002-2003 on May 13, 2002, pursuant to Resolution No. 35848-051302.
It was further advised that HUD's approval letter, granting the City access to
its 2002-2003 ESG entitlement of $76,000.00 is completing the routine release
process and is forthcoming; and acceptance of the entitlement and appropriation of
all funds to the accounts is needed to permit projects to proceed.
l0
The City Manager recommended that Council adopt a resolution accepting'
$76,000.00 in 2002-2003 ESG funds, contingent upon receipt of the approval letter
from HUD; authorize the City Manager to execute the required Grant Agreement,
Funding Approval, and other forms required by HUD in order to accept the funds,
approved as to form by the City Attorney; and appropriate $76,000.00 entitlement to
revenue and expenditure accounts in the Grant Fund to be established by the
Director of Finance.
Mr. Bestpitch offered the following emergency budget ordinance:
(#35910-061702) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 160.)
Mr. Bestpitch moved the adoption of Ordinance No. 35910-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch,. Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ..... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Bestpitch offered the following resolution:
(#35911-061702) A RESOLUTION accepting the Fiscal Year 2002-2003
funds f6r the Emergency Shelter Grant Program, and authorizing the City
Manager to execute the requisite Grant Agreement with the United States
Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 65, page 161.)
Mr. Bestpitch moved the adoption of Resolution No. 35911-061702. The
motion was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder- ......... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
BUDGET-HOUSING/AUTHORITY.GRANTS: The City Manager submitted a
communication advising that HOME is a housing assistance program of the U. S.
Department of Housing and Urban Development (HUD); the City has received a
HOME entitlement grant each year since FY 1992 and must reapply annually to HUD
to receive such funding; and on May 13, 2002, Council authorized filing the 2002-
2003 HOME application as part of approving the submission of the Annual Update
to the Consolidated Plan to HUD.
It was further advised that the funding release process is underway, and
HUD's letter of approval is forthcoming, granting the City access to its 2002-2003
HOME entitlement of $751,000.00; in addition, $286,204.00 unexpended from prior
year accounts and $10,000.00 in anticipated program income are included in the
appropriation for fiscal year 2002-2003 activities; and acceptance of funds, and
acceptance of the 2002-2003 entitlement requires $93,875.00 in local match;
however, no outlays of City funds will be needed to meet the requirement.
The City Manager recommended that Council adopt a resolution accepting
$751,000.00 in 2002-2003 HOME funds, contingent upon receipt of the approval letter
from HUD; authorize the City Manager to execute the required Grant Agreement,
Funding Approval, and any other documents required by HUD in order to accept the
funds, such documents to be approved as to form by the City Attorney; appropriate
$761,000.00 to revenue and expenditure accounts in the Grant Fund to be
established by the Director of Finance; and transfer $286,204.00 in HOME accounts
from prior years to projects included in the 2002-2003 HOME program.
Mr. Harris offered the following emergency budget ordinance:
(#35912-061702) AN ORDINANCE to amend and reordain certain sections of
the 2002~2003 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 162.)
Mr. Harris moved the adoption of Ordinance No. 35912-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ..... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Harris offered the following resolution:
(#35913-061702) A RESOLUTION accepting the Fiscal Year 2002-2003 funds
for the HOME Investment Partnerships Program (HOME), and authorizing the proper
City officials to execute the requisite Grant Agreement with the United States
Department of Housing and Urban Development (HUD).
(For full text of Resolution, see Resolution Book No. 65, page 164.)
Mr. Harris moved the adoption of Resolution No. 35913-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ..................................................................................... -6.
NAYS: None ........................................................................................ -0.
(Mayor Smith was absent when the vote was recorded.)
BUDGET-COMMUNITY PLANNING-GRANTS: The City Manager submitted a
communication advising that CDBG is a program of the U. S. Department of Housing
and Urban Development (HUD) which offers assistance to the community in many
ways; the City has received CDBG entitlement grants each year since inception of
the program in 1974 and must submit an action plan annually to HUD to receive such
funding; and on May 13, 2002, pursuant to Resolution No. 35848-051302, Council
authorized filing the 2002-2003 CDBG application through submission of the Annual
Update of the Consolidated Plan to the U. S. Department of Housing and Urban
Develop ..ment (HUD) for FY 2002-2003.
It was further advised that HUD's routine release process is underway, and the
HUD approval letter is forthcoming, granting the City access to its 2002-2003 CDBG
entitlement of $2,241,000.00; in addition, $663,994.00 unexpended from prior year
accounts and $440,034.00 in anticipated program income are also included in the
appropriation for fiscal year 2002-2003 programs; and acceptance of the entitlement
and appropriation of all funds is needed to permit projects to proceed.
The City Manager recommended adoption of a resolution accepting
$2,241,000.00 in 2002-2003 CDBG funds, contingent upon receipt of the approval
letter from HUD; that the City Manager be authorized to execute the required Grant
Agreement, Funding Approval, and other forms required by HUD in order to accept
the funds; appropriate $2,241,000.00, entitlement, and $440,034.00 in anticipated
program income to revenue and expenditure accounts in the Grant Fund to be
established by the Director of Finance; and transfer $663,994.00 in CDBG accounts
from prior years to projects included in the 2002-2003 CDBG program.
Mr. Harris offered the following emergency budget ordinance:
(#35914-061702) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 164.)
Mr. Harris moved the adoption of Ordinance No. 35914-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ................................................................................. 5.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed by the YMCA which is one of the organizations recommended for funding.)
Mr. Harris offered the following resolution:
(#35915-061702) A RESOLUTION accepting the fiscal year 2002-2003 funds for
the Community Development Block Grant program, and authorizing the City Manager
to execute the requisite Grant Agreement with the United States Department of
Housing and Urban Development (HUD).
(For full ..t. ext of Resolution, see Resolution Book No. 65, page 168.)
Mr. Harris moved the adoption of Resolution No. 35915-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Wyatt, White, Hudson, Harris,
and Vice-Mayor Carder .................................................................................. 5.
NAYS: None .........
(Mayor Smith was absent when the vote was recorded.)
(Council Member Bestpitch abstained from voting inasmuch as his spouse is
employed bythe YMCAwhich is one of the organizations recommended for funding.)
14
BUDGET-COMMUNICATIONS DEPARTMENT.TELEPHONE -EQUIPMENT: The
City Manager submitted a communication advising that the City currently has a fiber
optic based metropolitan area network, which was implemented in 1998-99; the
current equipment was installed at that time to support a token ring environment,
however, the City is currently migrating to an all Ethernet and TCP/IP network
environment; and upgrading to a Symmetrical Optical Network (SONET) will
position the City to better utilize the investment made in the fiber network and allow
for implementation of new technologies over the fiber infrastructure such as faster
data transmission, video conferencing and voice transmission capabilities on the
network for a telephone system solution that will be implemented in October.
It was further advised that an Invitation for Bid for Metropolitan Area Network
SONET Ring Equipment was issued on March 20, 2002; six bids were received with
The Presidio Corporation submitting the Iow bid,* in the amount of $683,905.67;
funding .in the amount of $487,000.00 is available in Account No. 013-430-9854-9003,
EXpansion of Network Capacity, and in the amount of $196,905.00 in Account No.
013-430-9860-9003, Network Storage Management.
The City Manager recommended that she be authorized to accept the bid of
The Presidio Corporation in the amount of $683,905.67; reject all other bids received
by the City; and transfer $196,906.00 from Account No. 013-430-9860-9003 to
Account No. 013.430-9854-9003.
Mr. Harris offered the following emergency budget ordinance:
(#35916-061702) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Department of Technology Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 168.)
Mr. Harris moved the adoption of Ordinance No. 35916-061702. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder .....
NAYS: None ....................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Harris offered the following resolution:
(#35917-061702) A RESOLUTION accepting the bid of The Presidio'
Corporation for the purchase and installation of the Metropolitan Area Network
SONET Ring Equipment, upon certain terms and conditions; and rejecting all Other
bids.
(For full text of Resolution, see Resolution Book No. 65, page 169.)
Mr. Harris moved the adoption of Resolution No. 35917-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ........................................................................................ -6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
BRIDGES-SIGNSIBILLBOARDSIAWNINGS.CONSULTANTS REPORTS: The City
Manager submitted a communication advising that the 1978 Surface Transportation
Act enacted by Congress requires that all bridges, including "off Federal Aid
System" structures, must be included in the annual inspection program; Bridge
Inspection Reports are required on 66 structures in the City of Roanoke this year;
31 structures are inspected annually while 35 structures are inspected bi-annually;
the Federal Highway Administration has established a new requirement that
overhead sign structures are to be inspected, 15 of which exist within the City of
Roanoke; and one tunnel is in need of inspection.
It was further advised that a Request for Proposals for technical inspection
and repdrts were publicly advertised and received from Hayes, Seay, Mattern &
Mattern, Inc., L.A. Gates Company, and Mattern & Craig, Inc.; and a selection
committee conducted interviews with all three firms.
It was further advised that the complexity of bridge inspections led staff to
select two qualified firms to complete the work by apportioning the work among two
firms; negotiations were conducted with the two most qualified firms, Hayes, Seay,
Mattern & Mattern, Inc., and Mattern & Craig, Inc., both firms have agreed to
contracts for the first year with up to two additional one year extensions; Hayes,
Seay, Mattern & Mattern, Inc. has agreed to inspect 30 bridges and 15 overhead
signs at a cost of $71,200.00; Mattern & Craig, Inc., has agreed to inspect 36 bridges
and one tunnel at a cost of $60,600.00; and funding in the amount of $131,800.00 is
available for first year contracts in Account No. 001-530-4310-3072 in the Fiscal Year
2002-03 budget.
The City Manager recommended that she be authorized to execute separate
Contracts for Consulting Services with Hayes, Seay, Mattern & Mattern, Inc. and
Mattern & Craig, Inc., in the amounts of $71,200.00 and $60,600.00, respectively, for
the first year (2002) for bridge and overhead sign structure and tunnel inspection
services, which contracts may be extended for two additional one-year terms at the
option of the City of Roanoke.
Mr. Harris offered the following resolution:
(#35918-061702) A RESOLUTION authorizing a contract with Hayes, Seay,
Mattern & Mattern, Inc., for engineering services for the inspection of 30' bridges and
15 overhead signs and related work in connection with the Three Year Bridge
Inspection Program (2002 -2004).
(For full text of Resolution; see Resolution Book No. 65, page 170.)
Mr. Harris moved the adoption of Resolution No. 35918-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder- ..... 6.
NAYS: None ....................................... , .......... , ................................ ~...-0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Harris offered the following resolution:
(#~5919-061702) A RESOLUTION authorizing a contract with Mattern & Craig,
Inc., for engineering services for the inspection of 36 bridges, one tunnel, and
related work in connection with the Three Year Bridge Inspection Program (2002 -
2004).
(For full text of Resolution, see Resolution Book No. 65, page 171.)
Mr. Harris moved the adoption of Resolution No. 35919-061702. The motion
was seconded by Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder- ......... 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
t7
BUDGET-GRANTS.YOUTH: The City Manager submitted a communication
advising that the City of Roanoke continues to provide for the nutritional needs of
children and youth during the summer months through its Office on Youth
supervised Summer Nutrition Program; breakfast and lunch are provided to children
throughout the City from mid-June through early August; and more than 2,300
children/youth received lunch and/or breakfast on a daily basis at 18 sites during
the summer of 2001.
It was further advised that funds for the program, now in its ninth year, are
provided through the United States Department of Agriculture Food and Nutrition
Service; the program is similar in concept to the National School Lunch Program
with eligibility requirements much like those used to determine eligibility for free or
reduced priced meals during the school year; the purpose is to provide nutritionally
balanced healthy meals to children ages one through 18; adult, summer staff
manage the program and youth are hired to assist at feeding locations, with the City
reimbursed on a per meal basis; and local cash match in the amount of $15,000.00
was appropriated in the fiscal year 2003 General Fund budget, Human Services
Support, Account No. 001-630-1270-2010.
The City Manager recommended that she be authorized to accept projected
Federal funds in the amount of $151,193.00 from the United States Department of
Agriculture Food and Nutrition Service; decrease fiscal year 2003 Human Services
Support Account No. 001-630-1270-2010 by $15,000.00 and increase fiscal year 2003
budget estimate for the Transfer to Grant Fund Account No. 001-250-9310-9535 by
$15,000.00; transfer $15,000.00 local cash match to the grant fund; and authorize the
Director of Finance to establish a revenue estimate, in the amount of $151,193.00,
and appropriate funds to expenditure accounts.
M~'. Hudson offered the following emergency budget ordinance:
(#35920-061702) AN ORDINANCE to amend and reordain certain sections of
the 2002-2003 General and Grant Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 172.)
Mr. Hudson moved the adoption of Ordinance No. 35920-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ........ 6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
Mr. Hudson offered the following resolution:
(#35921-061702) A RESOLUTION authorizing acceptance of reimbursement
from USDA Food and Nutrition Service on behalf of the City for program costs f0r the
implementation of the summer program, 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.
(For full text of Resolution, see Resolution Book No. 65, page 173.)
Mr. Hudson moved the adoption of Resolution No. 35921-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ..... 6.
NAYS: None ........................................................................................ -0.
(Mayor Smith was absent when the vote was recorded.)
BUDGET-CONSULTANTS REPORT- WATER RESOURCES: The City Manager
submitted a communication advising that the Utility Department staff has identified
four projects to improve water system reliability and increase service conditions to
the citizens of Roanoke, which projects include a pump station and associated water
main improvements to increase service to Mill Mountain and the neighborhoods
bounded by Walnut Avenue and Hamilton Terrace, water transmission main
improvements to Orange Avenue, N.W., Hollins Road, N.E., and Brambleton Avenue,
S.W.
It was further advised that proposals were received from ten engineering
firms, thi;ee of which were short listed and interviewed; Mattern & Craig, Inc., was
selected; City staff has negotiated acceptable agreements for the above referenced
work in the form of a lump sum fee for the four projects as follows: Mill Mountain
Service Line- $58,876.00, Orange Avenue - $30,265.00, Hollins Road - $70,055.00, and
Brambleton Avenue. $33,310.00; funding is available from retained earnings in the
Water Fund, and needs to be appropriated by Council; and the City Manager has
authority to execute each contract inasmuch as each is within the authority as set
forth in the City Code.
The City Manager recommended appropriation of $192,506.00 from Water
Fund retained earnings to accounts to be established by the Director of Finance to
provide design and consulting services for the above referenced Water System
Distribution Improvement projects.
Mr. Harris offered the following emergency budget ordinance:
(#35922-061702) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 174.)
Mr. Harris moved the adoption of Ordinance No. 35922-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, and
Vice-Mayor Carder ......... . ............................ -6.
NAYS: None ......................................................................................... 0.
(Mayor Smith was absent when the vote was recorded.)
(The Mayor entered the meeting at 3:15 p.m.)
SEWERS AND STORM DRAINS-BUDGET-WATER RESOURCES: The City
Manager submitted a communication advising that the procedure for preparing a
project for construction is a lengthy process due to the time required to complete
the design, finalize construction documents and acquire the necessary property or
easements; funding of $2.0 million for construction of storm drain projects is
planned in the next general obligation bond issue expected to be issued in
approximately fiscal year 2004; and in order to be proactive, the Engineering
Division is moving forward with design of numerous storm drain projects so that
construction may begin soon after funding is available.
It was further advised that a Request for Proposals was sent to 12 engineering
firms inviting them to submit their qualifications; eight firms were interviewed and
six firms were selected to provide design services; and the ClP Storm Drainage
Projects List has been reviewed, and the following highest rated priority projects
have been selected for design:
PROJECT DESIGN FIRM ESTIMATED
.,. DESIGN COSTS
Draper Aden Associates, Inc.
1528 Cove Road 2206 South Main Street
Trevino Drive Phase II Blacksburg, Virginia 24060 $ 30,000.00
Anderson & Associates of Virginia, Inc.
Westover Avenue (2500 Block) 100 Ardmore Street
Harvest Lane Drainage Project Blacksburg, Virginia 24060 $ 30,000.00
2O
4457 Ohio Street
3132 Courtland Avenue CaldwelI-White Associates, PLC
(800 Block Queen Avenue, 4203 Melrose Avenue, N.W.
3100 Block Lyndhurst Street) Roanoke, Virginia 24017 $ 30,000.00
LMW, P.C.
102 Albemarle Avenue, S.E.
4501 & 4513 Narrows Lane Roanoke, Virginia 24013 $ 15,000.00
Hayes, Seay, Mattern & Mattern, Inc.
1315 Franklin Road, S.W.
Ore Branch Channel Stabilization Roanoke, Virginia 24016 $ 30,000.00
RClT Detention Maintenance at Engineering Concepts, Inc.
Cooper Industries 20 South Roanoke Street
RClT Detention Maintenance at Fincastle, Virginia 24090
OrvislElizabeth Arden $ 30,000.00
LMW, P.C.
Moomaw Heights 102 Albemarle Avenue, S.E.
738 Windsor Avenue Roanoke, Virginia 24013 $ 30,000.00
It was explained that the cost to fund the design of the above listed of storm
drain projects is $195,000.00; and funding is'available in Public Improvement Bonds-
Series 1999, Account No. 008-052-9709-9176.
The City Manager recommended transfer of $195,000.00 from Account No. 008-
052-9709-9176, Public Improvement Bonds-Series 1999, to new capital projects
accounts to be established by the Director of Finance.
Mr. Carder offered the following emergency budget ordinance:
(#35923-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Capital Projects Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 175.)
Mr. Carder moved the adoption of Ordinance No. 35923-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith .......................................................................... 7.
NAYS: None ....................................................................................... 0.
2!
RAILSIDE LINEAR WALK: The City Manager submitted a communication
advising that Breakell, Inc., was awarded a contract, in the amount of $645,969.00, for
construction of Phase V of the Railside Linear Walk Project; Phase V will erect the
elevated walkway along Warehouse Row; Change Order No. 1 was administratively
approved, in the amount of $343.00, with a contract time extension of three days; and
Change Order No. 2 Was requested to assist future development of eight Warehouse
Row properties west of the InSystems Technologies building located along Norfolk
Avenue, S.W.
It was further advised that while this area is under construction, this is the
appropriate time to provide the necessary utility and telecommunication upgrades;
the capacity will be provided for each building to be utilized as a restaurant or high-
tech office space; the waterline to each building will be upgraded in order to supply
adequate water service; placement of conduits to each building will allow for future
access of various cable c~mpanies, telephone services, internet service, etc., as
needed by the tenant; and as each building is remodeled, the fire code will require
the building to have a sprinkler system and a six inch waterline installed to each
building will be provided to support fire protection demands; and total cost of
Change Order No. 2 is $683,952.00, and funding is available in Account No. 008-530.
9759, Railside Linear Walk-Phase V.
The City Manager recommended that she be authorized to execute Change
Order No. 2 in the amount of $37,640.00, with Breakell, Inc., with a contract time
extension of three days.
Mr. Carder offered the following emergency ordinance:
(#35924-061702) AN ORDINANCE authorizing the City Manager's issuance of
Change Order No. 2 to the City's contract with Breakell, Inc., for upgrading the
existing %" water service to 2" water service, installing waterlines, and installing two
4" and one 2" schedule 80 PVC conduits to each of the eight buildings west of the
InSystems Technologies building, located along Norfolk Avenue, S. W., along
Warehouse Row, in connection with Phase V of the Railside Linear Walk Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 177.)
Mr. Carder moved the adoption of Ordinance No. 35924-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ..................................................................................... 7.
NAYS: None .................................................................................. 0.
WATER RESOURCES: The City Manager submitted a communication advising
that Mid Eastern Builders, Inc., was awarded a contract, in the amount of
$4,477,000.00, at the October 1, 2001 meeting of City Council for building
construction and equipment installation at the Crystal Spring Water Treatment
(Filtration) Plant, as defined in contract documents prepared by Wiley & Wilson, Inc.;
Change Order No. 1 was administratively approved in the amount of $14,902.00 and
Change Order No. 2 was approved by Council at its meeting on Monday, May 20,
2002, in the amount of $108,216.00, with a contract time extension of two days;
Change Order No. 3 addresses changes in the proposed construction due to plan
review comments provided by the Virginia Department of Health (VDH); and total
cost of Change Order No. 3 is $41,224.00, for a total contract amount of $4,641,342.00.
It was explained that funding for Change Order No. 3, in the amount of
$41,224.00 ,is available in Account No. 002-530-8397, Crystal Spring Water Treatment
Plant Construction.
The City Manager recommended that she be authorized to execute Change
Order No. 3, in amount of $41,224.00, with Mid Eastern Builders, Inc.
Mr. Harris offered the following emergency ordinance:
(#35925-061702) AN ORDINANCE authorizing the City Manager's issua~tce of
Change Order No. 3 to the City's contract with Mid Eastern Builders, Inc., in
connection with the Crystal Spring Water Treatment (Filtration) Plant Project; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 178.)
Mr~ Harris moved the adoption of Ordinance No. 35925-061702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith------- .---7.
NAYS: None
ROANOKE CIVIC CENTER: The City Manager submitted a communication
advising that the City's current agreement for the provision of ticketing services at
the Roanoke Civic Center expires on July 31,2002; in order to secure a ticket service
provider, Council authorized the process identified as "competitive negotiation" at
its meeting on January 7, 2002; sealed proposals were received from four vendors
and a selection committee reviewed the proposals and selected two finalists that
were interviewed in accordance with City Code Section 23.1-4.1 (c); and selection
criteria included experience, ability and capacity to perform required duties and
responsibilities, equipment, service and maintenance, marketing, price, and revenue
opportunities for the City.
It was further advised that the selection committee selected Tickets.com, Inc.,
as the company whose proposal best meets the interests of the City; on May20, 2002,
the Civic Center Commission authorized the Chair of the Commission to forward a
letter to Council recommending a five year agreement between the City and
Tickets.corn, Inc., for ticketing services at the Roanoke Civic Center, and other City
Civic Facilities, as Council may deem appropriate, and subject to receipt of a contract
from with terms acceptable to the Director of Civic Facilities and the City Manager;
a contract has been received and is acceptable which contains a mutual indemnity
clause; and there are no funding issues.
The City Manager recommended that Council accept the proposal of
Tickets.com, Inc. and authorize the City Manager to execute a five-year contract, with
an option to renew for up to five additional years, to provide ticketing services at
Roanoke Civic Facilities and to take such further action and/or to execute such
further documents as may be necessary to implement and administer the contract.
Mr. Carder offered the following resolution:
(#35926-061702) A RESOLUTION accepting the proposal of Tickets.corn, Inc.,
to provide ticketing and related services for the City's Civic Facilities for a five year
period with an option to renew for up to an additional five years upon mutual
agreement by parties, and upon other terms and conditions; authorizing the proper
City officials to execute the requisite contract for same; and rejecting all other
proposals made to the City.
(For full text of Resolution, see Resolution Book No. 65, page 179.)
Mr. Carder moved the adoption of Resolution No. 35926-061702. The motion
was seconded by Mr. Harris.
Council Member Wyatt inquired as to the composition of the selection
committee; whereupon, the City Manager advised that the committee was composed
of the following City employees: Alicia Stone, James Evans, Christine Powell, Sheila
Hairston and May Huff.
24
Ms. Wyatt raised questions with regard to seasonal account storage;
whereupon, the City Manager advised that she would respond later in the meeting.
She inquired about an initial $10,000.00 and an additional $10,000.00 every five years
for start up costs for marketing support; whereupon, the City Manager responded
that Tickets.com, Inc., has committed to marketing the system and will use the funds
toward marketing efforts.
Ms. Wyatt inquired about local maintenance support to which the City Manager
advised that Tickets.corn will employ a full time person in the Roanoke area who will
be responsible for maintaining machines.
Ms. Wyatt addressed the issue of exclusivity and its impact on the NBDL, the
Roanoke Steam, and the Express Hockey that sell season tickets directly to patrons;
whereupon, the City Manager advised that the prOposed contract does not affect
season .tickets, the proposed contract, was reviewed by representatives of those
franchises currently operating at the Civic Center, and no concerns were expressed
regarding the method of selling season tickets.
Ms. Wyatt referred to the cost of tickets, for example: if a patron purchases a
$9.00 hockey ticket, under the Ticket.corn, Inc., contract, she inquired if there be an
additional $3.00 added as a handling fee and will the $3.00 be a part of the $9.00
ticket, or will there be a higher cost ticket. The City Manager advised that she would
respond to the question later in the Council meeting.
In view of numerous questions that need to be answered, Ms. Wyatt requested
that action on the matter be tabled until the City Manager has had an opportunity to
respond.
It Was the consensus of Council to table the matter until the end of the Council
meeting at which time City staff will respond to Council Member Wyatt's questions.
BUDGET-SIGNS/BILLBOARDS/AWNINGS-ROANOKE CIVIC CENTER: The City
Manager called attention to a project that will provide a new freestanding sign
("marquee") for the Roanoke Civic Center that will be visible to vehicular traffic using
Interstate 1-581 along the western edge of the multi-building complex; there is
currently no means to announce upcoming events or events taking place that day at
the facility along that side of the facility, and the sign will serve to supplement an
existing sign that is installed along the Williamson Road side of the building
complex; the project will also provide for the interface of computer software used by
both signs to permit separate or simultaneous display of message and graphics for
the two signs; and the new sign has received preliminary approval from the Virginia
Department of Transportation and will comply with the requirements of the City's
zoning ordinance.
It was further advised that after proper advertisement, four bids were received;
with Acken Signs, Inc., submitting the Iow bid, in the amount of $139,373.00; and a
construction of 120 consecutive calendar days.
It was explained that funding in the amount of $150,000.00 is needed for the
project; additional funds that exceed the contract amount will be used for
miscellaneous project expenses, including landscaping around the base of the sign,
advertising, printing, testing services, minor variations in bid quantities, and
unforeseen project expenses; and funding in the amount of $43,500.00 is available
from Civic Facilities Capital Outlay, Account No. 005-550-2108-9015, and $106,5'00.00
is available from Account No. 005-550-8616, Civic Center Expansion/Renovation
Phase II, from the fiscal year 2003 adopted budget.
The City Manager recommended that Council accept the bid of Acken Signs,
Inc., the amount of $139,373.00, with 120 consecutive calendar days contract time;
reject other bids received by the City; transfer $43,500.00 from Account No. 005-550-
2108-9015 to Civic Center Expansion/Renovation Phase II, Account No. 005-550-8616.
Mr. Carder offered the following emergency budget ordinance:
(#35927-061702) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 Civic Center Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 180.)
Mr. Carder moved the adoption of Ordinance No. 35927-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ........... --7.
NAYS: None ............
Mr. Harris offered the following emergency ordinance:
(#35928-061702) AN ORDINANCE accepting the bid of Acken Signs, Inc., for the
new freestanding sign ("marquee") for the Roanoke Civic Center that will be visible
to vehicular traffic using Interstate 1-581 along the western edge of the multi-building
complex, and providing for the interface of computer software used by the new sign
and the existing sign to permit separate or simultaneous display of message and
graphics for the two signs, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 184.)
Mr. Harris moved the adoption of Ordinance No. 35928-061702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith .............................................................................................. 7.
NAYS: None ............................................................................................. 0.
The City Manager advised that some persons might question the need for a
marquee on both sides of the civic center complex, and noted that in the past, the
Virginia Department of Transportation has denied the City's requests to install a
marquee on the 1-581 side of the building. She called attention to the persistence of
the Roanoke Civic Center Commission and through continuing dialogue with VDOT,
the request for a marquee has been approved which will allow the City to promote not
only events at the Roanoke Civic Center, but other activities in and around the City
of Roanoke.
Ms. Wyatt called attention to the dedication of Vernon M. Danielsen, member
of the Roanoke Civic Center Commission, who will leave his position on
September 30, 2002, and requested that he be invited to dedication activities.
AUDITS/FINANCIAL REPORTS -BUDGET-HUMAN DEVELOPMENT-
COMMITTEES: The City Manager submitted a communication advising that the
Human Services Committee budget, in the amount of $484,264.00, was established
by Council, pursuant to adoption of the General Fund budget for fiscal year 2002-03
on Monday, May 13, 2002; requests from 42 agencies, totaling $1,058,648.55 were
received; committee members studied each application prior to an allocation meeting
which was held on April 9, 2002; and agencies were notified of tentative allocations
and advised they could appeal the recommendations.
It was further advised that appeals of Committee recommendations were
received after notification to each agency of its tentative recommended allocation;
appeals were filed and heard from Blue Ridge Legal Services, Bradley Free Clinic,
TAP-IDA Program, and National Multiple Sclerosis Society; following the hearing of
appeals, Blue Ridge Legal Services was allocated $3,000.00, Bradley Free Clinic was
increased from $5,000.00 to $30,000.00, the National Multiple Sclerosis Society was
allocated $1,495.00 and the TAP- IDA Program was denied funding; and performance
audits will be conducted by the Council of Community Services to evaluate
effectiveness and efficiency of funded programs.
27
The City Manager recommended that Council authorize transfer of $484,264.00
from Human Services Committee, Account No. 001-630-5220-3700, to new line items
to be established within the Human Services Committee budget by the Director of
Finance; that the City Manager be authorized to execute contracts with The Salvation
Army for the Homeless Housing Program - Red Shield Lodge, ($14,000.00) and
Abused Women's Shelter - The Turning Point, ($14,000.00), St. John's Community
Youth Program, Inc., ($5,000.00), and the Council of Community Services for
performance audits to be conducted, ($11,000.00).
Mr. Carder offered the following emergency budget ordinance:
(#35929-061702) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance,' see Ordinance Book No. 65, page 183.)
Mr. Carder moved the adoption of Ordinance No. 35929-061702. The motion
was seconded by Mr. Harris.
Council Member Bestpitch asked if he is required to abstain from voting on the
matter since his spouse is employed by the YMCA; whereupon, the City Attorney
responded in the negative, advising that funds represent General .Fund
appropriations which are covered by State law and Mr. Bestpitch has no conflict of
interest under the Code of Virginia.
Ordinance No. 35929-061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and May~rSmith .............. .-7.
NAYS: None ........................................................................................ -0.
Mr. Carder offered the following resolution:
(#35930-061702) A RESOLUTION concurring in the recommendations of the
Human Services Committee for allocation of City funds to various nonprofit agencies
and performance audits for Fiscal Year 2002-2003, and authorizing the City Manager,
or her designee, to execute a contract with The Salvation Army for provision of
services under the Homeless Housing Program and/or Abused Women's Shelter, to
execute a contract with St. John's Community Youth Program, Inc., for provision of
services, and to execute a contract with the Council of Community Services to
perform the necessary audits.
(For full text of Resolution, see Resolution Book No. 65, page 185.)
Mr. Carder moved the adoption of Resolution No. 35930-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ........................................................................................ 7.
NAYS: None ............................................................................................. 0.
If additional funds become available, Ms. Wyatt requested that consideration
be given to the Boys and Girls Clubs and Apple Ridge Farms, both of which provide
services to many of Roanoke's most disadvantaged children.
BUDGET-COMMITTEES.ROANOKE ARTS COMMISSION: The City Manager
submitted a communication advising that the Roanoke Arts Commission budget for
funds to be allocated to'cultural agencies, in the amount of $289,112.00, was
established by Council, pursuant to adoption of the General Fund budget for fiscal
year 2002-03; requests from 15 agencies totaling $456,410.00 were received; and
Committee members studied each application prior to an allocation meeting which
was held on April 10, 2002; agencies were notified of tentative allocations and
advised that they could appeal recommendations, however, no appeals were filed.
The City Manager recommended that Council authorize transfer of $289,112.00
from Account No. 001-310-5221-3700, to new line items to be established within the
Roanoke Arts Commission budget by the Director of Finance for fiscal year 2002-03.
Mr. Carder offered the following emergency budget ordinance:
(#3.5931-061702) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 187.)
Mr. Carder moved the adoption of Ordinance No. 35931-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and MayorSmith ...... ---7.
NAYS: None ......................................................................................... 0.
POLICE DEPARTMENT-BUDGET-GRANTS.YOUTH: The City Manager submitted
a communication advising that the Department of Criminal Justice Services notified
the City of Roanoke and Roanoke County in May, 2002 of an allocation of funds under
the Juvenile Accountability Incentive Block Grant Program (JAIBG); and allocation
of $48,493.00 in Federal funds was awarded jointly to the two jurisdictions, with a
local match of $5,388.00 being required.
It was further advised that the allocation formula provides $34,706.00 Federal
and $3,856.00 match for Roanoke City and $13,787.00 Federal and $1,532.00 match
for Roanoke County; staff from the jurisdictions have met and developed program
proposals for use of the funding; Roanoke County will provide a substance abuse
intervention education program through the schools; Roanoke City, in collaboration
with the Boys & Girls Club, will provide services to students suspended or otherwise
absent from school during the day; funding for the City's match of $3,856.00 is
included in Account No. 001-631-3330-8005, Outreach Detention; and Roanoke City
will serve as fiscal agent for the funds.
The City Manager recommended that she, or her designee, be authorized to
accept the grant allocation of $34,706.00 (Roanoke City) and $13,787.00 (Roanoke
County), totaling $48,493.00; authorize appropriation of $3,856.00 from Account No.
001-631-3330-8005, Outreach Detention, to an account for allocation to be established
by the Director of Finance; and that the Director of Finance be authorized to
establish appropriation amounts and revenue estimates for the grant.
Mr. Carder offered the following emergency budget ordinance:
(#35932-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-20q2 General and Grant Funds Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 188.)
Mr. Carder moved the adoption of Ordinance No. 35932-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith--- -------- 7.
NAYS: None .... - .......................................................................... -0.
Mr. Hudson offered the following resolution:
3O
(#35933-061702) A RESOLUTION authorizing acceptance of a Juvenil6
Accountability Incentive Block Grant from the Virginia Department of Criminal Justice
Services on behalf of the City, authorizing execution of any and all necessary
documents to complywith the terms and conditions of the grant and applicable laws,
regulations, and requirements pertaining thereto.
(For full text of Resolution, see Resolution Book No. 65, page 190.)
Mr. Hudson moved the adoption of Resolution No. 35933 -061702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........... , .............................................................................. 0.
BUDGET-HUMAN DEVELOPMENT: The City Manager submitted a
communication advising that the Comprehensive Services Act (CSA) established in
1993, provides residential and non-residential treatment services to troubled and at-
risk youths and their families through a collaborative system of state and local
agencies, parents, and private service providers; such services include mandated
foster care, certain special education services, and foster care prevention; CSA also
provides services to certain targeted non-mandated populations; CSA expenditures
are projected at $8,999,119.00; which expenditures exceed the CSA appropriation of
$8,400,000.00 by $599,119.00, and require an additional local share in the amount of
$184,049.00; and expenditures are over budget due to increased Special Education
referrals for private day and residential placements.
Th'e City Manager recommended that Council:
increase the General Fund Revenue estimate by $415,070.00 to CSA
Revenue Account No. 001-110-1234-0692,
transfer funds in the amount of $184,049.00 from Transfer to School
Fund (001-250-9310-9530) for educationally mandated placements,
appropriate funding in the amount of $599,119.00 to the following
accounts:
001-630-5410-3185 Special Education-Residential
001-630-5410-3187 Special Education-Private
Day Facilities
001-630-5410-3188 Special Education-Public
Day Facilities
$191,718.00
371,454.00
35,947.00
$599,119.00
Mr. Carder offered the following emergency budget ordinance:
(#35934-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 191.)
Mr. Carder moved the 'adoption of Ordinance No. 35934-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CONVENTION AND VISITORS BUREAU-TOURISM: The City Manager submitted
a communication advising that the City of Roanoke has annually entered into an
agreement with the Roanoke Valley Convention and Visitors Bureau (RVCVB) to
provide funding for marketing the Roanoke Valley as a convention and destination
tourism site; as part of the fiscal year 2002-2003 Annual Operating budget adopted
by Council, the Memberships and Affiliations budget included funding of $541,440.00
specifically designated for the RVCVB; with an additional $285,714.00 designated
for marketing efforts; and the additional $285,714.00 'will be adjusted up or down in
subsequent years based on an amount equal to the actual revenues collected from
the one per cent increase in the transient occupancy tax.
It was further advised that the City has negotiated a one year agreement
commencing July 1,2002 with the RVCVB detailing the use of funds; in addition, the
City of Roanoke will have one less appointment this year to the RVCVC Board of
Directors, in accordance with the City Manager's recommendation and the consultant
report suggestion that the Board be reduced in size; and the RVCVB submitted a
detailed report listing the accomplishments made through April 2002, and an annual
budget and work plan for fiscal year 2002-03 will be submitted to the City Manager
for review and approval, upon approval by the RVCVB Board of Directors.
The City Manager recommended that she be authorized to execute an
agreement, in the amount of $827,154.00, with the Roanoke Valley Convention and
Visitor Bureau, upon form approved by the City Attorney, for the purpose of
marketing the Roanoke Valley as a regional destination for convention and
destination tourism, and authorize the Director of Finance to make the necessary
adjustments as set forth in the agreement.
Mr. Carder offered the following resolution:
(#35935-061702) A RESOLUTION authorizing an agreement with the Roanoke
Valley Convention and Visitors Bureau for the purpose of increasing tourism in the
Roanoke Valley.
(For full text of Resolution, see Resolution Book No. 65, page 193.)
Mr. Carder moved the adoption of Resolution No. 35935-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith .......................................................................................... 7.
NAYS: None .................................................................................... -0.
CITY CODE-REFUSE COLLECTION: The City Manager submitted a
communication advising that at the May 9, 2002, budget-briefing session, Council
Member Hudson raised a question regarding responsibility of landlords for setout of
bulk items when tenants are evicted; and typically, evictions that are scheduled
through the Sheriff's Department are coordinated with Solid Waste Management for
collection of bulk item materials placed at the curb for collection.
It was further advised that on a larger scale, there continues to be a problem
of bulk item and brush setouts by homeowners and landlords that exceed the limits
prescribed by the City Code, or which are not in conformance with the regularly
scheduled collection day, which is an issue that the Enforcement Officer of Solid
Waste Management must contend with on a routine basis; most residents are
cooperative when advised of the need to remove items from the curb that are
excessive in quantity, or are placed too early for collection, however, some citizens
are not cooperative when directed to comply; while those in violation can be charged
with a criminal violation, the process can require more time than is desired to effect
the removal of excessive bulk items and brush from public view; and it is also
important to note that citizens currently have the option to take 12 loads of bulk and
brush to the Transfer Station each year free of charge and landlords have the option
to take four loads per rental property to the Transfer Station each year free of charge.
It was explained that City staff has evaluated ordinances of benchmark
localities from the Virginia First Cities Coalition to identify methods of enforcement
for similar situations; based upon research, a revised ordinance has been prepared
which would require notification of the owner or occupant responsible for setting out
the bulk items or brush to remove the bulk items or brush materials within 24 hours;
failure to comply would cause removal of the materials by Solid Waste Management,
for which a fee would be assessed to the owner or occupant which would cover
costs of collection and disposal of any solid waste which is set out in violation of the
Solid Waste Ordinance; and a city Code amendment is also needed to prohibit the
placement of tires inside of automated collection containers (Big Blues).
The City Manager recommended that Council adopt an ordinance
encompassing the above referenced revisions.
Mr. Carder offered the following ordinance:
(#35936-061702) AN ORDINANCE amending and reordaining §14.1-3, Littering,
of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code
of the City of Roanoke (1979), as amended, by adding new subsections (f) and
(g), and amending and reordaining §14.1-21, Certain solid waste not to be
collected - Generally, of Article I, In General, of Chapter 14.1, Solid Waste
Mana~lement, of the Code of the City of Roanoke (1979), as amended; and
dispensing with the second reading by title of this ordinance
(For full text of Ordinance, see Ordinance Book No. 65, page 194.)
Mr. Carder moved the adoption of Ordinance No. 35936-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ........................................................................................ 0.
CITY CODE-CITY EMPLOYEES: The City Manager submitted a communication
advising that Council would like to recognize employees for efforts and
accomplishments during fiscal year 2002 related to Council's goals; to do so, .a one
time floating holiday is recommended that will be earned for Friday, July 5, 2002; City
offices will be open on Friday, July 5, 2002, and all non-temporary employees on the
payroll as of said date will earn eight hours of holiday leave (12 hours for Fire-EMS
24-hour scheduled employees); the holiday may be taken on Friday, July 5, 2002, with
appropriate supervisory approval, or at a later date; and Personnel Operating
Procedures that limit the carry over of holiday time to 24 hours per year remain in
effect.
The City Manager recommended that Council approve the additional floating
holiday for July 5, 2002.
Mr. Carder offered the following .emergency ordinance:
(#35937-061702) AN ORDINANCE amending and reordaining subsection (c) of
§2-37, Office hours, work weeks and holidays, Code of the City of Roanoke (1979), as
amended; the amended subsection providing for a floating holiday, Friday, July 5,
2002, for the year 2002 only; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 196.)
Mr. Carder moved the adoption of Ordinance No. 35937-061702. The motion
was seconded by Mr. Wyatt and adopted by the following vote:
34
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-CITY EMPLOYEES: The City Manager submitted a communication
advising that the fiscal' year 2001-2002 General Fund Budget includes funds in the
nondepartmental expenditure category for several personnel related accounts; which
accounts are budgeted at estimated amounts in the nondepartmental cost center
because annual charges of each department are difficult to accurately predict; and
actual costs are charged to departments in anticipation of year-end budget transfers
to cover the costs.
It was further advised that salary lapse is One of the items included in the
nondepartmental category'and represents the difference in budgeted City employee
salaries and actual salaries; it is created through normal employee attrition and
managed hiring and re-engineering efforts undertaken during the year by City staff;
at year-end, salary lapse created in departments is credited against the budgeted
total salary lapse figure, and any excess salary lapse generated is spread throughout
the various departments to cover additional personnel and operational needs; and
the largest operational allocation is recommending an additional $223,000.00 of
salary lapse to fund the remaining portion of the Solid Waste Management funding
shortfall which was brought to the attention of Council on April 1, 2002.
It was further advised that Workers' Compensation is also initially budgeted
in the nondepartmental category; and has been budgeted as a lump sum in the non-
departmental category in the General Fund to cover workers' compensation wages
and medi.cal expenses; like other personnel related budgets, workers' compensation
budgets are established non-departmentally due to the difficulty of predicting which
departments will incur these expenses and to what extent; and a proposed budget
ordinance allocates the amount in the nondepartmental cost center to departments
that have incurred actual costs.
It was explained that the fiscal year 2001-2002 General Fund Budget also
included funds in the non-departmental category to cover annual expenditures for
unemployment wages, extended illness leave payments, and termination leave
wages, as well as anticipated increases in health and dental insurance; these
budgets should be allocated to appropriate departmental accounts in the same
manner as salary lapse and workers' compensation; a proposed budget ordinance
accomplishes the necessary transfers by adjusting each department's regular
salaries line rather than adjusting all individual line items; an adjustment is also
needed to decrease the revenue estimate for the change in salary estimates for
employee salaries reimbursed by the State Compensation Board; after all required
allocations are made to personal services and revenues, a balance of $422,510.00 is
available for appropriation to the Transfers to Capital Projects Fund for
miscellaneous construction projects.
The City Manager recommended that Council authorize the transfer of funds
between accounts and the use of excess budgeted personal services as more fully
set forth in an attachment to the report.
Mr. Carder offered the following emergency budget ordinance:
(#35938-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 197.)
Mr. Carder moved the adoption of Ordinance No. 35938-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith .............. --7.
NAYS: None ......................................................................... -0.
BUDGET-INTERNAL SERVICE FUNDi The City Manager and the Director of
Finance submitted a joint communication advising that the City of Roanoke's Internal
Service Funds account for certain services provided to departments of the other
funds of the City; Internal Service Funds recover costs by charging receiving
departments for services provided; budgeted funds for internal services are allocated
in the General Fund in each fiscal year's budget throughout various departments
based on estimated usage and usage sometimes varies from original estimates; at
this time each fiscal year, it is necessary to make transfers between General Fund
departments to provide sufficient funds for internal services for the fiscal year;
additionally, budget amounts in the Internal Service Funds are established based on
expected transactions for the year; and based on certain higher than anticipated
expenses in the area of Risk Management, additional expenses have been incurred
and budget adjustments will be needed for said items.
It was further advised that the City accounts for self-insured liabilities in its
Risk Management Internal Service Fund, which has incurred costs in excess of
budget during fiscal year 2002, and has billed user funds and departments at
amounts exceeding original revenue estimates to recover said costs; and to properly
balance the budget to actual accounting for the year, the following budgetary
adjustments to Risk Management are recommended, and corresponding revenue
adjustments will also be made:
Expenditure Accounts
An increase of $72,000.00 is needed in Miscellaneous Claims due to the
high level of claims paid for water and sewer line breaks.
An increase in Settlements and Judgments of $101,000.00 is needed due
to the settlement of a large claim.
Workers' compensation medical expenses need an increase of
$228,000.00 due to a higher than typical level of medical claims paid.
This is due to several fairly severe medical conditions that have resulted
in costly medical expenses.
An increase $35,000.00 is needed to cover the rising costs of insurance
policies. The cost of policies has increased as a result of the events of
September 11, 2001.
It was advised that the City accounts for its materials warehouse activity in the
Materials Control Fund; increases of an equal amount in the Materials Control Fund's
revenue and expense estimates are needed for fiscal year 2002 due to a change in
accounting method, which grosses rather than nets sales transactions; the change
in accounting method was made to more clearly track revenues and expenses
resulting from warehouse transactions; and the additional amount of $165,911.00
required to fully fund the Internal Service Fund charges will be transferred to various
departmental internal service accounts from the City Manager's contingency account.
The City Manager and the Director of Finance recommended adoption of a
budget ordinance transferring funds.
Mr. Carder offered the following emergency budget ordinance:
(#35939-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 General, Risk Management and Materials Control Funds Appropriations,
and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 200.)
Mr. Carder moved the adoption of Ordinance No. 35939-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
BUDGET-CAPITAL IMPROVEMENTS PROGRAM: The City Manager and the
Director of Finance submitted a joint communication advising that Capital Projects
of all types have been approved by Council for construction over the past years;
projects have included construction in major categories for buildings, parks, streets,
37
bridges, sanitary sewers, water projects, storm drains, flood reduction, and various
technology related projects; funding was established for each project when Council
approved the project based on bids for various project costs, as well as extra funding
for possible contingencies; some projects have contingency funds remaining after
the final expenditures are made because projects are completed within established
budgets; a number of projects have been completed and can be closed and
remaining funds may be transferred from the completed projects to capital projects
still under construction or to capital improvement reserve accounts for other future
construction.
The City Manager and the Director of Finance recommended that Council adopt
a budget ordinance, which will transfer funds from completed capital projects into
recommended accounts, as more fully set forth in Attachment A of the report.
Mr. Carder offered the following emergency budget ordinance:
(#35940-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Civic Center, Capital Projects and Department of Technology Funds
Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 206.)
Mr. Carder moved the adoption of Ordinance No. 35940-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ....... .7.
N.~,YS: None ............
POLICE DEPARTMENT-BUDGET.GRANTS: The City Manager submitted a
communication advising that the Bulletproof Partnership Grant Act of 2001, enacted
by the 107t~ United States Congress, provides funds to eligible law enforcement
agencies for purchase of bulletproof vests; the grant program is managed by the
Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; on
May 29, 2001, the City of Roanoke was reimbursed in the amount of $5,182.75 for
vests purchased by the Police Department in Fiscal Year 2001-02; and 27 bulletproof
vests were purchased; bulletproof vests are essential equipment for Police Officer
safety; all Roanoke Police Officers are issued bulletproof vests and reimbursements
of this type ensure that additional vests can be procured in the future for new Police
Officers and to replace worn out equipment.
The City Manager recommended that Council accept the Bulletproof Vest
Partnership reimbursement of $5,182.75, authorize execution of agreements related
to the grant, and appropriate funds in the amount of $5,182.75 to an account to be
established by the Director of Finance in the Grant Fund for said purpose.
Mr. Hudson offered the following emergency budget ordinance:
(#35941-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 212.)
Mr. Hudson moved the adoption of Ordinance No. 35941-061702. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith .......... --7.
NAYS: None ......
Mr. Carder offered the following resolution:
(#35942-061702) A RESOLUTION accepting the grant made to the City by the
Department of Justice for the reimbursement of the cost of bulletproof vests, and
authorizing execution of any required documentation on behalf of the City.
(For full text of Resolution, see Resolution Book No. 65, page 213.)
Mr~'. Carder moved the adoption of Resolution No. 35942-061702. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: ' Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith--- ~ .7.
NAYS: None
FEE COMPENDIUM-OUTDOOR DINING: The City Manager submitted a
communication advising that on April 1, 2002, Council adopted an ordinance to
provide for an outdoor dining permit program and amended the Fee Compendium;
fees per square foot of area approved for outdoor dining were as follows: $6.50 per
square foot for 2002, $7.00 per square foot for 2003, and $8.00 per square foot for
2004; to date, concerns regarding the fee structure have limited interest by applicants
in applying for an outdoor dining permit; in an effort to jump-start restaurant
applications for outdoor dining, a reduction in fees for calendar year 2002 should be
considered; and the annual permit fee after calendar year 2004 will be reconsidered
and established by Council as it deems appropriate.
The City Manager recommended that Council amend the Fee Compendium to
provide that the original fee of $6.50 per square foot will be reduced to $3.25 per
square foot for calendar year 2002, with a three month commitment by the applicant,
and with the annual permit fee after calendar year 2004 being reconsidered and
established by Council as it deems appropriate.
Mr. Bestpitch offered the following ordinance:
(#35943-061702) AN ORDINANCE directing amendment of the Fee
Compendium; and dispensing with the second reading by title of this ordinance.
(For full text of Ordinance, see Ordinance Book No. 65, page 214.)
Mr. Bestpitch moved the adoption of OrdinanCe No. 35943-061702. The motion
was seconded by Mr. Carder.
The City Manager advised that on April 1, 2002, Council adopted an ordinance
that provided for an outdoor dining program and amended the Fee Compendium by
requiring an application fee, in addition to a per square footage rate, for the leasing
of City property, with a requirement that certain start up costs will be absorbed by
prospective users of the outdoor dining activity. She further advised that as staff
engaged in dialogue with a number of restauranteurs in the downtown area, concern
was expressed that initial start up costs, purchase and/or lease of outdoor dining
furniture, and the need to identify a suitable storage location for those functions
when not in use has caused concern to potential applicants. She noted that the City
would like to jump start the outdoor dining activity and an incentive for the first year
only would be to reduce the square footage rate by one-half from $6.50 per square
foot to $3.25 per square foot, with the restaurant making a commitment to be
available and open for business at least three months out of the remainder of this
calendar year. She stated that if Council approves the request, there is a potential
for at least two applications within the next 24 hours for outdoor dining, and asked
that Council approve the request as a one time start up for calendar year 2002 only.
Following discussion, Mr. Bestpitch requested that the matter be placed on the
Council's Pending Items List for review at the end of the calendar year as to whether
the square footage rate should remain at $3.25. He expressed concern that the
proposed square footage charges are considerably higher than those charged by
other localities that encourage outdoor dining. In addition, he called attention to
discussions by Council in regard to bringing the City's various fees in line with other
localities.
The City Manager responded that the City of Roanoke is addressing outdoor
dining differently from other communities to which Roanoke has been compared.
She advised that Roanoke does not have the width of sidewalk that many other
communities have which allows outdoor dining to spill out onto the sidewalks, and
because the City of Roanoke is not closing streets on a permanent basis and creating
a mall or plaza, certain additional expenses will be incurred due to the need for
4O
barricades on those evenings that outdoor dining occurs, and special solid waste
collections, both before and after, to ensure that the area is attractive for City market
merchants and for restaurant use will be necessary. She explained that at either the
$6.50 or the $3.25 per square foot rate, the City will be subsidizing outdoor dining
which was the rationale behind a phased in approach up to a rate that would cover
the City's costs. She stated that outdoor dining should be reviewed as frequently as
necessary, particularly if there is considerable response to the concept.
When the rate structure is reviewed, Ms. Wyatt advised that the length of time
that a restaurant commits to renting the space and the actual fees should be taken
into consideration; for example: if the rate is $8.00 per square foot for the year and
the restaurant rents the space for only six months, that equals $4.00 per square foot
which is confusing and misleading.
Mr. White inquired about the maximum gross potential if all outdoor dining
space is rented; whereupon, the City Manager advised that the figure would be in the
range of $30,000.00.
Mr. Harris advised that the original fees were based upon an estimate of cost
recovery for a City service, and if the original rates do not bring the outdoor dining
program to full recovery of costs, it then becomes a program that is subsidized by
taxpayers. He stated that Council has asked a number of businesses to bear certain
additional costs because of the financial condition of the City, the City has adopted
the necessary ordinance for outdoor dining, and if the original fees were based on
actual cost recovery, the fees should remain as stated in the Fee Compendium to
avoid the appearance of favoritism of one industry over another. He stated that he
would vote against the City Manager's recommendation based on that premise.
M'r. Bestpitch encouraged Council to review the matter following the first
summer of outdoor dining because there will be a much better understanding of
actual costs, at which time Mr. Harris' point should be taken into consideration. He
stated that he would hope that there will be at least five affirmative votes of the
Council in support of the ordinance on the premise that if outdoor dining is to be
successful, a jump start may be needed, and the City may have to make more of an
investment up front in order to realize a better return in terms of actual cost issues
and quality of life.
The City Manager clarified her recommendation to provide that the $3.25
square foot is with the agreement that the restaurant will guarantee a minimum of
three months of operation.
Council Member Harris advised that in order to continue with the Council's
business, and based upon the comments that have been made by the City Manager
and his fellow Council Members, he will vote for the measure inasmuch as it is
applicable to the year 2002 only, and to jump start the program, but after 2002,
outdoor dining should be based on cost recovery.
4!
The Mayor spoke in support of the farmers who have made the City Market the
success it is today, and they should not be inconvenienced as a result of outdoor
dining.
Ordinance No. 35943-061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
CITY ATTORNEY:
CITY CODE: The City Attorney submitted a written report advising that since
1982, Council has reenacted and recodified the City Code on an annual basis, in
order to properly incorporate in the City Code those amendments made by the
General Assembly at the previous Session to State statutes that are incorporated by
reference in the City Code; the procedure ensures that ordinances codified in the City
Code incorporate the most recent amendments to State law, and this incorporation
by reference is frequently utilized in local codes to preclude having to set out lengthy
provisions of State statutes in their entirety; in addition, the technique ensures that
local ordinances are always consistent with State law as is generally required; and
that the procedure whereby a local governing body incorporates State statutes by
reference after action of the General Assembly has been approved by the Attorney
General.
The City Attorney recommended that Council adopt an ordinance to readopt
and reenact the Code of the City of Roanoke (1979), advising that if the ordinance is
not adopted, City Code sections incorporating provisions of the State Code amended
at the last Session of the General Assembly may not be deemed to include the recent
amendments and may be impermissibly inconsistent which could result in the
dismissal of criminal prosecutions under these City Code sections.
Mr. Bestpitch offered the following emergency ordinance:
(#35944-061702) AN ORDINANCE to readopt and reenact the Code of the City
of Roanoke (1979), as amended; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 215.)
Mr. Bestpitch moved the adoption of Ordinance No. 35944-061702. The motion
was seconded by Mr. Carder and adopted by the following vote:
42
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ............................................................................................ 6.
NAYS: None ........................................................................................ -0.
(Ordinance No. 35944-061702 was considered out of sequence at the 7:00 p.m.
session of Council.)
(Mr. Hudson was absent.)
COUNCIL-BUDGET: The City Attorney submitted a written report transmitting
a measure, at the request of Council Member Bestpitch, establishing annual salaries
for the Mayor, Vice-Mayor and Council Members for the fiscal year beginning
July 1, 2004, which will provide that the Mayor will receive an annual salary of
$19,189.00 and the Vice-Mayor and Members of City Council will receive $14,925.00.
It was explained that on November 19, 2001, to be effective July 1, 2002,
Council adopted an ordinance establishing the salary of the Mayor at $18,000.00 per
year and the salaries of the Vice-Mayor and Members of Council at $14,490.00 per
year; Section 15.2-1414.6, Code of Virginia, 1950, as amended, permits Council to
establish the annual salaries of Members of Council, but provides that any increase
in such salaries must be adopted at least four months prior to the date of the next
municipal election, and no increase can take effect until July 1 after such election;
the next regularly scheduled general election of Council Members will take place in
May, 2004, thus any ordinance adopted by Council at this time increasing the salaries
of Members of Council cannot take effect until July 1, 2004.
Mr. Bestpitch moved that action on the matter be tabled until the next regular
meeting ~f Council on Monday, July 1,2002. The motion was seconded by Mr. Carder
and adopted.
(The item was considered out of sequence at the 7:00 p.m. session of Council. Mr.
Hudson was absent.)
AIRPORT-CITY CODE: The City Attorney submitted a written report advising
that in order to make all parking fines consistent, various sections of the City Code
have been updated; whereupon, he transmitted an ordinance amending and
reordaining City Code sections relating to parking at the' Roanoke Regional Airport,
to provide that penalties for all parking violations throughout the City of Roanoke are
consistent.
Mr. Carder offered the following emergency ordinance:
43
(#35045-061702) AN ORDINANCE adding a new §4-5. Regulation of vehicular
and pedestrian traffic - Powers and duties of city manaqer; amending and
reordaining §4-6. Regulation of vehicular and pedestrian traffic - Violations
Generally; amending and reordaining §4-7. Same-Parking violations, of Article I, In
General, of Chapter 4, Airport, of the Code of the City of Roanoke (1979), as amended,
by the addition of a new subsection (b) and (c); and providing for an emergency and
for an effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 217.)
Mr. Carder moved the adoption of Ordinance No. 35945-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith .......... ' 6.
NAYS: None ...............
(Ordinance No. 35945-061702 was considered out of sequence at the 7:00 p.m.,
Council session. Mr. Hudson was absent.)
CITY CODE-CITY CHARTER-PROCUREMENT CODE: The City Attorney
submitted a written report advising that as requested by Council, the General
Assembly, at its 2002 Session, amended the City Charter to increase the threshold
for formal competitive procurement from $30,000.00 to $50,000.00, which amendment
is effective July 1, 2002, and will be applied to City procurement after that date;
whereupon, he transmitted an ordinance conforming the City Code to the new Charter
provisio~ by amending the threshold for competitive procurement from $30,000.00
to $50,000.00; and said amendment also conforms the City Code to the Virginia
Public Procurement Act.
Mr. Carder offered the following emergency ordinance:
(#35946-061702) AN ORDINANCE amending and reordaining §23.1-4(a) and
(b),Requirement of biddinq; power to reject bids, and §23.1-6(g) Exceptions to
requirement of competitive procurement, of the Code of the City of Roanoke (1979),
as amended, to increase the threshold amounts for competitive procurement from
$30,000.00 to $50,000.00 consistent with amendments to the City of Roanoke Charter;
and providing for an emergency and for an effective date
(For full text of Ordinance, see Ordinance Book No. 65, page 220.)
Mr. Carder moved the adoption of Ordinance No. 35946-061702. The motion
was seconded by Mr. Harris.
44
The City Manager advised that the City Charter amendment brings the City
Code and the City Charter into conformance with State Code which has, for several
years, provided $50,000.00 as the threshold at which competitive procurement'must
be provided. She explained that the City of Roanoke has abided by a lower threshold
than is provided by the Code of Virginia.
Mr. White encouraged equitable distribution for purchase of goods and
services by the City from a wide range of small businesses.
The Mayor expressed concern about the" good old boy network" which opens
the door when raising the threshold from $30,000.00 to $50,000.00. He stated that he
will support the City Manager's recommendation, but all vendors should have an
equal opportunity to provide goods and services, a wide range of goods and
services are needed by the City, however, it appears that the same vendors receive
the business; therefore, he looks to management to solve the problem.
The City Manager advised that she understands the Mayor's concern and,
noted that with greater responsibility comes greater accountability for those
departments that work under her supervision. She stated that significant strides
have been made in recent months to expand the City's vender list which will be
carefully monitored by City staff and by Council.
Ordinance No. 35946-061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ................................................................................... -6.
NAYS: None ........
(Ordinance No. 35946-061702 was considered out of sequence at the 7:00 p.m.
session. Mr. Hudson was absent.)
DIRECTOR OF FINANCE:
BUDGET-GRANTS-SCHOOLS: The Director of Finance submitted a written
report summarizing appropriation of the following School Board grants for fiscal
year 2002-03:
$150,000.00 for the Title I Even Start Family Literacy Grant to provide staff and
funding for parental and preschool workshops for family literacy efforts at the
preschool and adult education levels.
$3,393,239.00 for the Title I Program to provide remedial reading, language
arts and mathematics instruction for students in targeted schools.
45
$1,173,825.00 for the Governor's School Program to provide instruction itt
science and math to high school students from seven feeder school districts.
Local match in the amounts of $443,210.00 and $47,740.00 will be provided
from Account Nos. 030-062-6001-6346-0588 and 030-065-6007-6998-0588,
respectively.
$39,000.00 for the Summer Youth Employment program which provides
training and hands-on experience for disadvantaged or handicapped youth
from the inner city, with the goal of enhancing employment potential,
developing employment competencies, and enabling students to earn
academic credit toward high school.
$1,913,671.00 for the Flow Through Program to provide aid for the education
and guidance of handicapped students.
$69,755.00 for the Child Specialty Services Program to provide funds for the
salary and expenses of the educational coordinator.
$73,460.00 for the Child Development Clinic Program to provide funds for the
salary and expenses of the educational coordinator at the Clinic.
$222,391.00 for the Juvenile Detention Home Program to provide funds for the
salary and expenses of the educational coordinators.
$135,979.00 for the Preschool Incentive Program to provide orientation and
evaluation for handicapped students who will be entering the public school
system for the first time during the fall.
$170,173.00 for the Special Education Jail Program which provides funds for
the salary and expenses of the staff providing special education instruction
and screening services to inmates of the Roanoke City Jail.
$163,604.00 for the Adult Basic Education Program to provide funds for the
education of adults who have not completed high school. Local match in the
amount of $22,700.00 will be provided from Account No. 030-062-6001-6450-
0588.
$131,211.00 for the Apprenticeship Program to provide on-the-job and
classroom vocational instruction for students in the apprenticeship program.
$49,960.00 for the Jobs for Virginia Graduates Program which follows the
curriculum of the Jobs forAmerica's Graduates program, to provide classroom
training and work experience to assist at least 25 economically disadvantaged
students to prepare for high school graduation or to sit for the General
Education Development (GED) examination. Assistance will be provided to
students to find employment in a job which will allow for transition from school
to work. Local match in the amount of $28,960.00 will be provided from
Account No. 030-062-6001-6100-0204.
$397,251.00 for the Perkins Act Program to provide funds for vocational
equipment.
$35,000.00 for the Regional Adult Education Specialist Program to provide
ancillary and support services for the Adult Literacy and Basic Education
Program in the planning district which includes the Cities of Roanoke, Salem,
Covington and Clifton Forge and the Counties of Roanoke, Craig, Botetourt
and Alleghany.
$150,098.00 for the Regional Adult Literacy (TAP) Program to provide funds for
the administration of adult literacy programs in Alleghany County, Roanoke
County and the Cities of Covington, Clifton Forge and Salem.
$18,612.00 for the General Education Development (GED) Testing Program to
provide instructors for GED preparation classes and for administration of the
GED examinations. 'The source of funds is student fees.
$26,913.00 for the Workplace Education Program to provide instructional
programs developed with area business establishments for employees at the
work sites. Programs include the development of knowledge and skills, in
areas including preparation for the GED examination, reading comprehension,
telephone usage, other work skills, and English as a second language.
Funding for the program is provided through the assessment of fees.
$35,222.00 for the Regional Adult Basic Education Program to provide funds
for administration of adult literacy programs in Botetourt County and Craig
County. Roanoke City serves as the regional coordinating agency for Adult
Basic Education. Funds pass through the school district to the jurisdictions
indicated for adult literacy programs.
$21,341.00 for the Adult Education in the Jail Program to provide for
instruction to inmates in the Roanoke City Jail to aid in acquisition of the
General Education Development (GED) certificate.
$75,000.00 for the Grants Management Program to provide funding for
operating expenses of the Office of Grants.
$35,000.00 for the Homeless Assistance Program to provide instructional
services to homeless students.
$1,472,708.00 for the Alternative Education Program to provide alternative
curriculum and training for high risk students at the Noel C. Taylor Learning
Academy, with a focus on improving the total self concept of the student.
Local match revenue in the amount of $1,402,082.00 will be provided from
Account No. 030-063-6001-6300-0588.
47
$212,232.00 for the Title V-A Program to provide funds for implementation of
innovative instructional programs in the school district and to provide visiting
teacher services. Local match in the amount of $27,308.00 will be provided
from Account No. 030-061-6001-6000-0202.
$122,107.00 for the Eisenhower Title II Professional Development program
which provides funds for development of innovative math, science and
technology teaching strategies to implement Virginia's Standards of Learning.
$760,522.00 for Title VI.Class Size Reduction initiative which provides funds
for the placement of 12 classroom teachers to be placed in grades one through
three throughout the district to reduce class size in those grades to no higher
than 18. Local match in the amount of $145,566.00 will be provided from
Account No. 030-061-6001-6000-0201.
$159,071.00 for the Roanoke Adolescent Health Partnership to provide for
medical services to the Roanoke City Schools, in conjunction with the City of
Roanoke Health Department and Carilion Health Systems. The program
expenses are reimbursed by donations from Carillon Health Services.
$525,000.00 for the Blue Ridge Technical Academy to provide an educational
training program for students at risk of academic failure and dropping out of
school. The "regional high school" will provide 200 at-risk youth with the
academic competencies and technical skills required to obtain substantial
employment in the local labor market by focusing on skill development in the
areas of manufacturing, technology, computer science and electronics, health
and medical services, optics, and consumer services. The Technical Academy
is chartered by the Roanoke City Public Schools, and is housed in the Roanoke
Hi~her Education Center. Local match in the amount of $150,000.00 will be
provided from Account No. 030-062-6001-6143-0588.
The Director of Finance recommended that Council adopt a budget ordinance
establishing the above referenced School Board grants.
Mr. Carder offered the following emergency budget ordinance:
(#35947-061702) AN ORDINANCE to amend and reordain certain sections of the
2002-2003 School Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 222.)
Mr. Carder moved the adoption of Ordinance No. 35947-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith .......... ~.
NAYS: None ..........
(Ordinance No. 35947-061702 was considered out of sequence at the 7:00 p.m.
session. Mr. Hudson was absent.)
REPORTS OF COMMITTEES:
ANNUAL REPORTS-COMMITTEES-HOUSING/AUTHORITY: Brenda A. Powell,
Chair, Fair Housing Board, presented a written report of the Fair Housing Board
advising that in October, the Board presented copies of a study in connection with
an Analysis of the Impediment to Fair Housing, which was prepared by Housing
Opportunities Made Equal [HOME), at the request of the Fair Housing Board and the
City of Roanoke, and the following requests were submitted:
Financial assistance for fair housing discrimination awareness which
has been accomplished by a grant received from the City's Community
Development Block Grant, for the period July 2002 - June 2003.
Assistance from the City Attorney's Office in revising the fair housing
ordinance to comply with both Federal and State laws, which will be
presented to Council at a later date.
Ms. Powell advised that some persons do not know what fair housing
discrimination includes, or the effects it can have on an entire community; and the
more knc~wledge that citizens have of fair housing laws, the more they will be able to
benefit from the laws and learn to comply, and the analysis of the impediments study
is more than a summary of illegal acts, but a study of barriers to housing choice.
She called attention to a recent visit by HOME representatives to Roanoke for
a press conference, which restated and further staked claim that fair housing issues
are indeed alive and well in the City of Roanoke and the Roanoke Valley; therefore,
the Fair Housing Board and the City of Roanoke must begin at the beginning;
housing discrimination affects the entire community and no act of discrimination is
more or less significant than another; and from the 42 impediments, three main areas
have been identified for discussion with Council.
Ms. Powell advised that first is Education and Outreach which is the most
critical step in helping individuals to understand fair housing laws and may be
accomplished by the following aggressive campaign that will begin during the next
fiscal year involving the Fair Housing Board, the Fair Housing Administrator and
other staff from the Housing and Neighborhood Services Department to perform the
following:
Workshops, Training Session and Seminars that will be geared toward
all segments of the community, including Council, City staff, Fair
Housing Board Members, realtors, home builders, appraisers,
developers, lenders, landlords, tenants, neighborhood leaders, youth,
religious groups, citizens and other home providers and concerned
individuals in the community;
Media Blitz Campaign which will include advertising in newspapers, on
television and radio, billboards, buses, etc.;
Fair Housing Booklet Which is a comprehensive booklet that will be
developed to address all facets of fair housing laws, including
information on landlord-tenant rights and how some practices may be
discriminatory; and
COnference - work is already underway to include a session on fair
housing in the Third Annual Housing Symposium sponsored by the
Roanoke Regional Housing Network in the fall of 2002; and
Fair Housing Administrator - It is requested that Housing and
Neighborhood Services continue to provide the current Fair Housing
Administrator with adequate time to carry out the projects that have
been identified in the report in order for-this year long campaign to be '
successful.
Second, Ms. Powell requested that there be regional cooperation and that the
Members of Council begin dialogue with Roanoke County, Salem and Vinton to
address housing discrimination and its impact on the quality of life for all citizens and
the economic impact on the Roanoke Valley, since everyone must recognize and
acknowledge the need for regional cooperation to eliminate barriers to housing
choice and actively support development of a co-operative mechanism to eradicate
unfair housing practices; and one suggestion is a Regional Fair Housing Council with
the ability to address fair housing issues in the Roanoke Valley.
Third, Ms. Powell referred to the issue of public transportation which is an
important impediment that was identified in the study because severe limitations are
placed on housing choice by the lack of a metropolitan area-wide public
transportation system; without adequate transportation, some citizens cannot find
work that would provide them with the financial base needed to seek housing to
expand their housing choices in the Roanoke Valley; whereupon, she offered the
following suggestions:
5O
Hold a regional meeting of government representatives
and business leaders to discuss and identify a source of
funding to extend transportation, including public and
para-transit into surrounding areas.
Conduct a regional comprehensive study or review past
studies on a valley-wide transportation system. One such
group is the Regional Network for Transportation, created
in 1997, which is not currently meeting but could be the
basis for beginning dialogue.
The City should consider the way it spends public
transportation money and should aim to use the money for
business, routes and times that attract the widest ridership
or best meets, ridership population.
In summary, Ms. Powell advised that the above referenced suggestions will
address fair housing discrimination issues in the City of Roanoke and increase public
awareness, help eliminate impediments to fair housing, create an open housing
market, improve the quality of life for many citizens, and enhance the economic
health of the Roanoke Valley.
BONDS/BOND ISSUES: A communication from the Roanoke City School Board
requesting appropriation of funds to the following school accounts, was before
Council.
$92,700.00 from reallocated VPSA Bond funds from Fishburn Park and
Fairview renovations to be used for installation of a limited use/limited
application elevator at Ruffner Middle School.
$95,780.00 from reallocated VPSA Bond funds from Fishburn Park and
Fairview renovations to be used for renovation of the Lincoln Terrace Saturn
Network School.
A report of the Director of Finance recommending that Council concur in the
request of the School Board, was also before the body.
Mr. Carder offered the following emergency budget ordinance:
(#35948-061702) AN ORDINANCE to amend and reordain certain sections of the
2001-2002 School Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65, page 224.)
Mr. Carder moved the adoption of Ordinance No. 35948-061702. The motion
was seconded by Mr. Harris and adopted by the following vote:
$!
AYES: Council Members Bestpitch, Wyatt, White, Hudson, Harris, Carder,
and Mayor Smith ............................................................................................ 7.
NAYS: None ......................................................................................... 0.
UNFINISHED BUSINESS: None.
At 5:05 p.m., the Mayor declared the meeting in recess to be reconvened at
7:00 p.m., in the City Council Chamber.
(Following dinner, the Members of Council and City staff attended the Southeast
Community Celebration Rally to kick off the process to revitalize the Bullitt-Jamison
corridor at the corner of Jamison Avenue and 11th Street, S. E.)
At 7:00 p.m., the regular meeting reconvened in the Roanoke City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, with the following Council Members in attendance, Mayor Smith
presiding.
PRESENT: Council Members William D. Bestpitch, Linda F. Wyatt, William
White, Sr., C. Nelson Harris, William H. Carder and Mayor Ralph K. Smith ................ 6.
ABSENT: Council MemberW. Alvin HudsOn, Jr.- .......
The reconvened meeting was opened with a prayer by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayo[ Smith.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS:
DIRECTOR OF FINANCE-CITY CLERK-BUDGET-CITY ATTORNEY-CITY
MANAGER-REAL ESTATE VALUATION-MUNICIPAL AUDITOR: Mr. Carder offered the
following emergency ordinance established the salaries of the six Council Appointed
officer's effective July 31, 2002:
(#35949-061702) AN ORDINANCE establishing compensation for the City
Manager, City Attorney, Director of Finance, Director of Real Estate Valuation,
Municipal Auditor and City Clerk as of July 31, 2002, for the fiscal year beginning
July 1, 2002; and providing for an emergency and an effective date.
(For full text of Ordinance, see Ordinance Book No. 65, page 225.)
Mr. Carder moved the adoption of Ordinance No. 35949-061702. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Hudson was absent.)
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRES AND/OR COMMENTS BY THE MEMBERS OF COUNCIL:
COMMITTEES-SCHOOLS: In view of the resignation of Sherman P. Lea as a
Trustee of the Roanoke City School Board, Council Member Harris requested that the
City'Attorney review the procedure for filling an unexpired term on the School Board.
The City Attorney advised that prior to the filling of a vacancy on the School
Board created by other than the ordinary expiration of a term, Council shall, at least
seven days prior to the appointment, hold a public hearing to receive the views of
citizens; at least ten days prior to any such hearing, public notice shall be given by
publication in a newspaper of general circulation in the City; and before any person
is appointed to the School Board, the individual's name shall be considered at a
public hearing.
It was the consensus of Council that the City Clerk would begin the process
of advertising for applications for appointment to fill the unexpired term of office of
Mr.'Lea, ending June 30, 2003.
ACTS OF ACKNOWLEDGEMENT-DECEASED PERSONS-WAR MEMORIAL:
Council Member Bestpitch referred to a communication from Ms. Loretta A. Young,
sister of the late Donald McArthur Young, who was killed during an attack on the
Pentagon on September 11,2001, in which she expressing appreciation bythe Young
family for the recognition her brother received at the Roanoke Valley Memorial Day
Ceremony on Monday, May 27, 2002 in Lee Plaza in downtown Roanoke.
ARMORY/STADIUM-SPECIAL EVENTS: The Mayor encouraged citizens of the
Roanoke Valley to attend and participate in numerous July 4t~ activities, i.e; the
celebration at Victory Stadium, the Williamson Road parade sponsored by the
Williamson Road Area Business Association, and the Roanoke River Clean-up
sponsored by the Kiwanis Club.
TRAFFIC-COMPLAINTS-YOUTH-STREETS AND ALLEYS: Council Member
Wyatt referred to continuing concerns of business owners in the area of Williamson
Road/Trinkle Avenue, N. W., regarding teenagers congregating from dusk until
midnight. She advised that business owners support the gating/barricading of that
portion of Williamson Road to vehicular traffic, and requested that the matter be
referred to the City Manager to contact effected businesses.
OATHS OF OFFICE-COMMITTEES-LIBRARIES: The Mayor advised that them
is a vacancy on the Roanoke Public Library Board created by the resignation of
JoAnn F. Hayden, and called for nominations to fill the vacancy.
Mr. White placed in nomination the name of Pamela S. White.
There being no further nominations, Pamela S. White was appointed as a
member of the Roanoke Public Library Board, for a term ending June 30, 2005, by the
following vote:
FOR MS. WHITE: Council Members Bestpitch, Wyatt, White, Harris, Carder and
MayorSmith .............. 6.
(Council Member Hudson was absent.)
CITY MANAGER COMMENTS:
WATER RESOURCES: In view of the current water shortage, the City Manager
advised that as of Tuesday, June 18, 2002, the City of Roanoke will begin the
purchase of water from the City of Salem, and the purchase of water from Roanoke
County on Friday, June 21, 2002. She further advised that the City will observe
mandatory water restrictions beginning Tuesday, June 18, with no outdoor water
usage permitted; it is anticipated that the Crystal Spring Reservoir will be online in
early October as opposed to November; on a temporary basis, it is hoped to
implement a micro filtration system at the Crystal Spring Reservoir, which, if
approved, could be in effect in 30-45 days; two additional wells are online for water
production; locations where citizens any obtain non-potable water for yards and
garden p. urposes will be announced; and there will be continuing public education
on the use of available water sources.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets' this time as a priority for citizens to be heard and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-HOUSING/AUTHORITY: Ms. Helen E. Davis, 35 Patton Avenue,
N. E., addressed Council with regard to providing screen doors for housing units at
the Lincoln Terrace housing development. She stated that although it is regrettable
that screen doors will not be furnished by the Roanoke Redevelopment and Housing
Authority, it was hoped that City Council would demand that the Housing Authority
install screen doors on both the front and back doors of residences.
POLICE DEPARTMENT-COMPLAINTS-PARKS AND RECREATION-FIRE
DEPARTMENT-COMMITTEES-ARMORY/STADIUM.REFUSE COLLECTION.
HOUSING/AUTHORITY-CITY EMPLOYEES: Ms. Evelyn D. Bethel, 35 Patton Avenue,
N. E., advised that it is with much sadness that the following items are to be passed
from the current Council to the Council that will take office on July 1, 2002:
54
Inappropriate expenditure of taxpayers' money to award bonuses to
certain select City employees without regard to established personnel
guidelines.
The proposed closing of several fire stations in predominantly black
neighborhoods with little information regarding replacement stations,
locations,' dates, etc.
Despite the City Manager's efforts regarding refuse collection service in
the northwest section of the City, there have been no improvements, and
conditions have deteriorated since curbside refuse collection service
was initiated.
The police satellite station in the northwest section of the City, although
improperly manned, was closed and no relocation plans were
announced.
Citizens of Roanoke have not been fairly represented (residents of
Lincoln Terrace housing development presented petitions to Council
regarding the need for screen doors on both the front and back of
residences).
Will Victory Stadium be demolished and a smaller complex constructed
on contaminated land in a well established commercial and residential
area; and will additional testing be done with regard to noise and light
filtering into the neighboring area?
The need to immediately schedule a City-wide meeting to inform citizens
with regard to the Volunteer Committee's recommendations for
improvements to Booker T. Washington Park.
PUBLIC HEARINGS:
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Baker Avenue Properties,
Ltd., that a portion of an alley extending in a westerly direction from 31't Street, N. W.,
between Baker Avenue and Breckinridge Avenue, for a distance of approximately
209.5 feet through the middle of property bearing Official Tax No. 2510104, be
permanently vacated, discontinued and closed, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 31, 2002, and Friday, June 7, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the portion of alle~y
requested for closure lies in a redevelopment area; recently, the Roanoke
Redevelopment and Housing Authority Board of Commissioners voted to discontinue
it as such, but an official amendment has yet to be processed; the alley that the
petitioner requests a portion of which to be closed is entirely unimproved; and the
unimproved portion of alley splits the petitioner's property and closure will reduce
impediments for development, was before Council.
The City Planning Commission recommended that Council approve the
closure, contingent upon certain items listed in the report, and advised that the
portion of alley in question divides the petitioner's parcel and has no utilitarian value
to the City.
Mr. Carder offered the following emergency ordinance:
(#35950-061702) AN ORDINANCE permanently vacating, discontinuing and
closing certain public right-of-way in the City of Roanoke, Virginia, as more
particularly described hereinafter; and dispensing with the second reading of this
ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 207.)
Mr. Carder moved the adoption of Ordinance No. 35950-061702. The motion
was seconded by Mr. Bestpitch.
The Mayor inquired if there are persons present who would like to address
Council in connection with the matter. There being none, Ordinance No. 35950-
061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith--= ........ 6.
NAYS: None --
(Council Member Hudson was absent.)
The Mayor declared the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Carillon Medical Center and the City of Roanoke
Redevelopment and Housing Authority that six parcels of land lying on the south side
of Jefferson Street, S. E., between the Norfolk Southern right-of-way and the Roanoke
River, bearing Official Tax Nos. 4040501 - 4040503, inclusive, and 4040506 - 4040508,
inclusive, be rezoned from HM, Heavy Manufacturing District, to INPUD, Institutional
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
Times on Saturday, June 1, 2002, and on Saturday, June 8, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission advising that the South Jefferson
Redevelopment Plan was approved by Council on March 19, 2001; the South
Jefferson Redevelopment Area, located east of the Roy L. Webber Expressway, west
of the Roanoke River, south of the Elm Avenue interchange with Interstate 581, and
north of Wiley Drive, is expected to provide up to two million square feet of building
space, attract up to $300 million in private capital expenditures, and provide up to 500
new, technical jobs for the region; the Plan identified three general areas for
redevelopment: (1) the Jefferson Street Corridor, (2) Campus and Institutional area
in the vicinity of Reserve 'Avenue, and (3) the Crossing, in the vicinity of railroad
development and warehouses; four classifications of land uses were identified:
institutional mixed use (i.e. research, biomedical and support uses), commercial
support use (i.e. office, business support), commercial and residential mixed use (i.e.
flexible, combination business and residential space), and public use (i.e. greenways
and open space); and public improvements are proposed, including upgraded
transportation corridors, new public open spaces, and improved interstate access,
was before Council.
It was further advised that Riverside Centre for Research and Technology, an
institutional mixed-use complex, is proposed for the Jefferson StreetJReserve Avenue
corridor; phase 1 of the facility includes construction of a parking garage and support
services east of Jefferson Street toward the Roanoke River on approximately 7.5
acres of_land; initially, the facilities will serve Carilion Roanoke Memorial Hospital,
but in the future, use will be expanded for the proposed Carillon Biomedical Institute,
a planned facility for Riverside Centre.
The City Planning Commission recommended that Council approve the request
for rezoning, and advised that the proposed development is in accordance with the
comprehensive plan inasmuch as it will support development of a sustainable,
diverse economic base and redevelops an underutilized industrial site.
Mr. Carder offered the following ordinance:
(#35951-061702) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 404, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 229.)
Mr. Carder moved the adoption of Ordinance No. 35951-061702. The motion
was seconded bY Ms. Wyatt.
The Mayor inquired if there are persons present who would like to address
Council in connection with the matter. There being none, Ordinance No. 35951-
061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Harris, Carder, and Mayor Smith---5.
NAYS: None ............... *- ......................................................................... 0.
(Council Member Hudson was absent.) (Council Member White abstained from voting
inasmuch as he serves on the Carilion Medical Center Board of Directors.)
The Mayor declared'the public hearing closed.
ZONING: Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on the request of Matthew T. and Sally G. O'Bryan that a portion of
property located at 902 Penmar Avenue, S. E., being a 0.0324 acre portion, more or
less, of Official Tax No. 4130410, be rezoned from RM-1, Residential Multi-Family Low
Density District, to C-2, General Commercial District, subject to certain conditions
proffered by the petitioners, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 31, 2002, and on Friday, June 7, 2002.
(See publisher's affidavit 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 allow the existing accessory building on Ninth Street, S. E.,
to be used for a commercial business, and there is also an existing house on the lot,
was before Council.
The City Planning Commission recommended that Council approve the request
for rezoning, and advised that the petitioner has amended his initial petition to better
accommodate the neighborhood area, zoning for the proposed property will be
contiguous to existing C-2, General Commercial District, and the primary building on
the property will continue to be residential in use.
Mr. Carder offered the following ordinance:
(#35952-061702) AN ORDINANCE to amend §36.1-3, Code of the City of
Roanoke (1979), as amended, and Sheet No. 413, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance
by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 231.)
Mr. Carder moved the adoption of Ordinance No. 35952-061702. The motion
was seconded by Mr. Harris..
The Mayor inquired if there are persons present who would like to address
Council in connection with the matter.
Mr. Robert E. Zimmerman, 1510 Langhorne Street, S. E., advised that he did not
appear before Council either for or against the rezoning. He stated that he owns
property across the street from the area proposed to be rezoned and he has lived in
the neigborhood for 40+ years, and asked that there be some assurance that no
alcoholic beverages, either on or off premises, will be permitted. He called attention
to two public schools within a two blocks of the area in question, and three churches
within a two block radius. He spoke in support of any use for the building that will
help the neighborhood. Later during the meeting, it was noted that the petitioner has
proffered that no alcoholic beverages will be permitted.
Mr. Bestpitch spoke in support of finding an appropriate use for the building
and advised that based on the history of the building, it appears that the best use is
some type of commercial enterprise. However, he expressed concern as to whether
C-2 zoning is the appropriate classification. He explained that Council is being asked
to take another tax parcel and divide it into two separate sections and for two
different zoning classifications on the same tax parcel. He stated that C-2 zoning
requires, among other things, a 20' side yard, or a 20' setback on the side of the
property to the adjacent property; the portion of the property that Council is being
requested to rezone is a building that was originally constructed as a two-car garage,
which is located at the sidewalk with essentially no set back; and the side of the
house is attached to the top edge of the roof of the garage and there is no separation
between the portion that would consist of the building that Council is being asked to
rezone to C-2 and the house which will remain residential, RM-I. He explained that
when the rezoning process began, the initial intent was to request CN rezoning for
the property; whereupon Mr. Bestpitch questioned the rationale of City Planning staff
by encouraging the petitioner to move in a different direction. He stated that CN
zoning requires only a 15' setback on the side yard which is closer to meeting the
setback than splitting the tax parcel into part C-2 and part RM-1, CN zoning provides
for a dwelling unit above a non- residential use; and the top of the garage is level
with the bottom of the house, therefor, the house is above the garage. He expressed
support for rezoning the entire property because at some time in the future, the
present owners may wish to subdivide the property and they will have to request
variances on two portions of the property. He stated that there should be a way to
rezone the entire tax parcel to CN and create a waiver or variance in connection with
the side yard requirement. He requested that proffers to the rezoning clarify that
existing residential structures will continue to be used for residential purposes and
not converted to commercial use. He inquired as to what is required, procedurally,
to achieve a CN zoning classification.
The City Attorney advised that the applicant would be required to file an
amended petition to rezone the portion of the property that they propose to leave as
residential, and owners of the property would be required to file the proffers to
rezoning. He stated that any variance would have to be granted by the Board of
Zoning Appeals which is usually done contemporaneously, with one subject to the
other.
Mr. Natt advised that on September 6, 2001, he filed a petition requesting that
the property be rezoned to CN, Neighborhood Commercial District, and appeared
before the City Planning Commission on two occasions. He read portions of a letter
from City Planning staff which stated that C'2 zoning exists across the street, and
an alterative to CN zoning may be to extend the C-2, General Commercial District, and
zone only a portion of the property, which approach would provide the petitioner
with a rezoning that is more consistent for the area and would maintain the
residential structure and residential zoning. Mr. Natt stated that one of the concerns
of City staff was the fact that if the property is rezoned to CN, the residential use
would then become nonconforming. He explained that he started the rezoning
process by requesting a CN zoning classification, but was advised that that was not
the way to go, and it took nine months to reach this point. He stated that he did not
disagree with Mr. Bestpitch, but his client worked with City Planning staff, who
suggested C-2 zoning, and he was reluctant to go back to his client with the message
that Cou .ncil intends to go back to his original request of nine months ago, and with
the knowledge that his client will incur additional expenses.
The City Attorney was asked to respond as to whether there is a way to move
through the zoning ordinance revision process to include property under similar
circumstances, (one parcel that has two different zoning designations); whereupon,
the City Attorney suggested that City Planners review those instances where
conditions have been placed on conditional rezonings. He stated that it is
permissible to have a lot with two different zoning classifications, although such is
not the intent of the zoning ordinance. He advised that he did not know if an overall
solution could be reached through the zoning ordinance revision, but it is something
that should be kept in mind when working on the new zoning ordinance.
Mr. Bestpitch requested that such instances be flagged by City Planning staff
for review as a part of the zoning ordinance revision. He stated that he is against the
practice of continuing to bring these types of rezonings to Council.
Ordinance No. 35952-061702 was adopted by the following vote:
6O
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ............................................................................................ 6.
NAYS: None .................................................................................... 0.
(Council Member Hudson was absent.)
STREETS AND ALLEYS: Pursuant to Resolution No. 25523 adopted by the
Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on the request of Robert Evan, L.L.C., that a
portion of Hite Street, S. W., extending from the southerly end of the existing
cul-de-sac in a southerly direction for approximately 371.06 feet, more or less, to the
northerly line of the right-of-way of U. S. Route 220 in the City of Roanoke, the matter
was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Saturday, June 1, 2002 and on Saturday, June 8, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recomending approval of the request
for closure, upon certain conditions, and advising that the portion of right-of.way in
question has no utilitarian value to the City, and the City Planning Commission does
not recommend sale of the portion of right-of-way, was before Council.
Mr. White offered the following ordinance:
"AN ORDINANCE permanently vacating, discontinuing and closing certain
public right-of-way in the City of Roanoke, Virginia, as more particularly described
hereinafter; and dispensing with the second reading of this ordinance by title."
Mr. White moved the adoption of the ordinance. The motion was seconded by
Mr. Carder.
Mr. Bestpitch advised that the area in question has recently been graded, trees
and other vegetation have been removed and gravel spread on City property;
whereupon, Robert Freeman, Principal, Robert Evans, LLC, advised that the area will
be reseeded, should the City choose not to vacate the right-of-way.
The City Manager called attention to correspondence that was recently
provided to Council in which she recommended that the City offer the property for
purchase only and not for donation. She stated that City Planning staffdiscussed the
matter with Mr. Freeman, who is not willing to purchase the property, and noted that
Council could either donate the property, or deny the request for right-of-way.
She called attention to concerns of residents of the area with regard to
increased traffic which has been generated by the recently opened gymnasium. She
stated that Mr. Freeman advises that he intends to use the land for parking since he
owns an adjacent parcel of land on which he plans to construct a building that will
house a clothing wholesale operation that involve some retail sales, and such use
will also have a traffic impact since delivery trucks will be accessing the area via
Hite Street. She recommended that Council table the matter for 30 days to provide
City staff with an opportunity to assess the traffic impact and whether or not other
traffic accommodations will need to be made to address additional development.
Mr. Carder offered a substitute motion that action on the matter be tabled for
30 days, or until the regular meeting of Council on Monday July 15, 2002, at 7:00 p.m.,
as soon thereafter as the matter may be heard. The motion was seconded by Mr.
Bestpitch and adopted.
CITY CODE-ZONING-COMMITTEES: Pursuant to Resolution No. 25523 adopted
by the Council of the City of Roanoke on Monday, April 6, 1981, the City Clerk having
advertised a public hearing for Monday, June 17, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, on a proposal of the City of Roanoke to
consider amendment and revision to Chapter 36.1, Zonin~l, Code of the City of
Roanoke (1979), as amended, to increase the number of members of the Board of
Zoning A, ppeals for the City of Roanoke, and to increase the number of concurring
votes necessary for the Board to act, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 31, 2002, and on Friday, June 7, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council amend
the Zoning Ordinance to provide for appointment of seven members to the Board of
Zoning Appeals and increase the number of concurring votes necessary for the
Board to take action to four, was before the body.
Mr. Carder offered the following ordinance:
(#35953-061702) AN ORDINANCE amending and reordaining §36.1-650,
Continued; composition; appointment and terms of members, etc., and subsection
(a) of 36.1-653, Exercise of powers general; administration of oath and compellinq
attendance of witnesses, of Division 3, Board of Zonin~l Appeals, of Article VII,
Administration, of Chapter 36.1, Zonincj, of the Code of the City of Roanoke (1979),
as amended, to increase the number of members of the Board of Zoning Appeals for
the City of Roanoke, and to increase the number of concurring votes necessary to
take action; and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 232.)
Mr. Carder moved the adoption of Ordinance No. 35953-061702. The motion
was seconded by Mr. Harris.
The Mayor inquired.if there are persons present who would like to address
Council in connection with the matter; whereupon, Ms. Joel M. Richert, 415 Allison
Avenue, S. W., advised that she was speaking as a private citizen and not as a
member of the Board of Zoning Appeals. She requested background information on
the decision of Council to increase membership at the Board of Zoning Appeals from
five to seven, and advised that in the past there was a concern with regard to
attendance by the five members of the Board; however, in the past year, new
members have been appointed and attendance has improved. She stated that all five
members of the Board of Zoning Appeals are certified, the five members work well
as a body, with a good attendance record and membership balance.
Mr. Carder advised that the recommendation was included in the boards and
commissions reorganization process that was approved by Council last year and
also related to an attendance issue. He stated that following research by the City
Attorney'regarding Boards of Zoning Appeals in other localities, it was determined
that seven in numbers would provide better representation in the future.
Ms. Wyatt advised that the committee that reviewed boards and commissions
also looked at overall consistency on boards and commissions, and noted that the
School Board, City Planning Commission, Architectural Review Board, Roanoke
Redevelopment and Housing Authority and Industrial Development Authority consist
of seven members, which correspond with the seven members of City Council,
therefor, consistency would be achieved by increasing the membership to seven on
the Board of Zoning Appeals,
Ordinance No. 35953-061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ...... -6.
NAYS: None ................................................................................ -0.
(Council Member Hudson was absent.)
ZONING: Pursuant to Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, the City Clerk having advertised a public
hearing for Monday, June 17,.2002, at 7:00 p.m., or as soon thereafter as the matter
may be heard, on a proposal of the City of Roanoke to consider amendment and
revision to Chapter 36.1, Zonin~l, Code of the City of Roanoke (1979), as amended, to
provide for towing services and wrecker services under certain conditions in General
Commercial, Light Manufacturing, and Heavy Manufacturing Districts, the matter was
before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Friday, May 31, 2002, and on Friday, June 7, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
A report of the City Planning Commission recommending that Council approve
the proposed amendments to the Zoning Ordinance, advising that the amendments
will further define, clarify and distinguish, for regulation and code enforcement
purposes, tow truck operations and will promote public welfare and safety relative
to such land uses, was before the body.
Mr. Carder offered the following ordinance:
"AN ORDINANCE amending the reordaining §36.1-25 Definitions, by deleting
the definition of tow truck operation and adding the definitions of towing services
and wrecker services; §36.1-206, Permitted uses, C-2, General Commercial District;
§36.1-249, Permitted uses, LM, Light Manufacturing District; §36.1-250, Special
exception uses, LM, Light Manufacturing District; §36.1-270 Permitted uses, HM,
Heavy Manufacturing District; and §36.1-271, Special exception uses, HM, Heavy
Manufacturing District, of Chapter 36.1, Zoning, of the Code of the City of Roanoke
(1979), as amended, to provide for towing services and wrecker services under
certain conditions in those zoning districts; and dispensing with the second reading
by title of this ordinance."
Mr. Carder moved the adoption of the ordinance. The motion was seconded
by Mr. Harris.
64
The Mayor advised that since advertisement of the public hearing staff has
determined that there should be further revisions to the proposed ordinance which
will require further consideration by the City Planning Commission.
The Mayor inquired if there were persons in attendance who would like to
address Council in connection with the matter.
Mr. Robert Young, 210 Carver Avenue, N. E., advised that representation of
the towing industry would like to be involved in the proposed revisions. He stated
that it would be illegal to operate a service station that sells gas, and performs
vehicle repairs and towing services. He spoke in support of an enclosed fence
around vehicle areas and asked that the City cooperate with the towing industry.
Mr. Rodney Graham, 413 Rorer Avenue, S. W.; questioned the type offence that
will be required by the City around facilities where vehicles are stored.
The City Manager clarified that the intent of referring the matter back to the City
Planning Commission is not to necessarily modify City Code sections pertaining to
towing operations, but to bring forward simultaneously those changes that are
necessary for other sections of the City Code not related to towing that will be
impacted by the proposed amendments.
Without objection by Council, the Mayor advised that the matter would be
referred back to the City Planning Commission for further study, report and
recommendation to Council.
LEASES-MARKET SQUARE PARKING GARAGE: Pursuant to instructions by
Council, the City Clerk having advertised a public hearing for Monday, June 17, 2002,
at 7:00 p~m., or as soon thereafter as the matter may be heard, on a proposal of the
City of Roanoke to lease 3,000 square feet of retail space in the Market Square
Parking Garage, 11 Campbell Avenue, S. W., to Orvis Roanoke, Inc., for a period of
no more than five years, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, June 9, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a communication advising that the City of
Roanoke currently leases 3,000 square feet of retail space to Orvis Roanoke, Inc.;
current lease agreement of the property located at 11 Campbell Avenue S. E,
commonly known as the Market Square Parking Garage, expires on August 31,2002;
Orvis Roanoke, Inc., has expressed interest in continuing the lease of space beyond
the current term; and to continue the lease of property, a new lease agreement is
required; currently, Orvis pays $876.81 per month ($10,521.72 per year) base rent; the
current agreement also requires Orvis to pay an additional rent amount based on a
percentage of gross sales generated from the leased premises; the amount paid for
the current fiscal year was $11,390.00; and total rents paid for fiscal year 2002 equal
$21,911.72.
It was further advised that negotiations for a new agreement include a start
date of September 1, 2002, for a term of five years; rent for the new agreement will
increase to $900.00 per month ($10,800.00 per year), plus an annual increase based
on the Consumer Price Index; in addition to the base fee for rent, Orvis will pay an
additional amount based on sales; Orvis will pay one percent of the first $500,000.00
in gross revenue from sales made from the leased premises each year, three percent
of gross revenue of $500,000.00 to $1,000,000.00, and four percent of gross revenue
over $1,000,000.00, which sum shall be payable within 60 days of the end of each
calendar year.
The City Manager recommended that she be authorized to offer and execute
a new lease agreement between the City of Roanoke and Orvis Roanoke, Inc., for a
term of five years.
Mr. Bestpitch offered the following ordinance:
(#35954-061702) AN ORDINANCE authorizing the City Manager to enter into an
agreement with Orvis Roanoke, Inc., for the lease of retail space of property located
at 11 Campbell Avenue, S. E., for use by Orvis Roanoke, Inc., upon certain terms and
conditions, and dispensing with the second reading of this ordinance by title.
(For full text of Ordinance, see Ordinance Book No. 65, page 234.)
Mr. Bestpitch moved the adoption of Ordinance No. 35954-061702. The motion
was seconded by Ms. Wyatt.
The Mayor inquired if there are persons present who would like to address
Council in connection with the matter. There being none, Ordinance No. 35954-
061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith .................................................................................... -6.
NAYS: Nonem----
(Council Member Hudson was absent.)
EASEMENTS-PARKS AND RECREATION-UTILITY LINE SERVICES: Pursuant
to instructions by Council, the City Clerk having advertised a public hearing for
Monday, June 17, 2002, at 7:00 p.m., or as soon thereafter as the matter may be
heard, on a request of the City of Roanoke to grant an easement across City-owned
property located between Wasena Park and 13th Street, to Appalachian Power Co.,
dlbla American Electric Power, to relocate and reconstruct existing electrical
transmission and distribution lines and to vacate existing easements, in connection
with the Roanoke River Flood Reduction Project, the matter was before the body.
Legal advertisement of the public hearing was published in The Roanoke
Times on Sunday, June 9, 2002.
(See publisher's affidavit on file in the City Clerk's Office.)
The City Manager submitted a communication advising that the U. S. Army
Corps of Engineers Roanoke River Flood Reduction Project contains channel
widening and a greenway trail between Wasena Park and 13t' Street; along portions
of the project, Appalachian Power Company (AEP) has existing easements for various
overhead electrical transmission and distribution lines located in the path of the
project; the City has requested that AEP relocate several of the lines located on City-
owned property to accommodate the Roanoke River Flood Reduction Project; since
AEP holds existing easements on the properties, they do not fall under the City's
standard franchise agreement; existing easements will be vacated as a condition of
granting new easements; and new easements across City-owned property are
required for AEP to relocate its electric transmission and distribution lines,
communication lines and associated above ground equipment, in, on, along, through,
over, across and under certain City property.
Th~ City Manager recommended that she be authorized to execute the
appropriate documents granting easements across City-owned property to
Appalachian Power Company, d/b/a American Electric Power, and vacating existing
easements, for the purpose of relocating, reconstructing, owning, and operating
electrical transmission and distribution lines and associated above ground
equipment.
Mr. Carder offered the following ordinance:
(#35955-061702) AN ORDINANCE authorizing the City Manager to grant an
easement to Appalachian Power Company, d/bla American Electric Power ("AEP") for
the relocation of existing overhead electrical transmission and distribution lines;
vacating of the easement within such existing lines on City property; upon certain
terms and conditions; and dispensing with the second reading of this ordinance by
title.
(For full text of Ordinance, see Ordinance Book No. 65, page 235.)
67
Mr. Carder moved the adoption of Ordinance No. 35955-061702. The motion
was seconded by Mr. Harris.
The Mayor inquired if there are persons present who would like t° address
Council in connection with the matter. There being none, Ordinance No. 35955-
061702 was adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, White, Harris, Carder,
and Mayor Smith ............................................................................................ 6.
NAYS: None ......................................................................................... 0.
(Council Member Hudson was absent.)
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; and matters requiring
referral to the City Manager will be referred immediately for any necessary and
appropriate response, recommendation or report to Council.
COMPLAINTS-CITY EMPLOYEES-WATER RESOURCES: Mr. Robert Gravely,
1617 Hanover Avenue, N. W., addressed Council with regard to the water shortage
and insufficient wages for City employees.
ROANOKE CiViC CENTER: The City Manager advised that earlier in the
meeting, Council Members raised specific questions with regard to the proposed
contract with Tickets.com; whereupon, she called upon James M. Evans, Director,
Civic Facilities, to address the matter.
M~ Evans advised that the primary questions were related to franchise
circumstances and the ability to sell tickets. He stated that in the course of
negotiations for the contract, it was clear to both parties that the intent is that ticket
sales at the franchise locations would be considered the same as ticket sales at the
box office, which means that there is no customer service charge of any kind for
such services. He further stated that the proposed contract with Tickets.com Inc., is
an improvement over the current arrangement for season tickets which requires a
$3.00 service charge for billing paid by season ticket consumers. He explained that
the current agreement with Ticketmaster will expire in 45 days and a commitment is
required on the part of Tickets.com, Inc., in terms of ordering data lines, equipment,
training and the transition process.
In response to a previous question raised by Council Member Wyatt, Mr. Evans
advised that the intent is to limit the civic center's ability to sell tickets that ars not
on the Tickets.com system through an exclusive arrangement which is not intended
to prohibit any sales through selected box office facilities that would include any and
all franchise facilities. He advised that the agreement with Tickets.com, Inc., reduces
the cost for tickets due to elimination of the $3.00 charge for setting up the season
ticket process, there is no charge to the customer for tickets purchased at the box
office or any of the franchise offices, and a service charge would apply to tickets
purchased at an outlet, over the telephone using a credit card, or on the Internet.
Mr. Carder moved that Resolution No. 35926-061702 be removed from the table.
The motion was seconded by Mr. Harris and adopted.
Resolution No. 35926-061702 was adopted by the following vote:
AYES: Council Member Bestpitch, Wyatt, White, Harris, Carder, and
Mayor Smith ................. 6.
NAYS: None ..............
0.
(Council Member Hudson was absent.)
There being no further business, the Mayor declared the meeting adjourned at
9:00 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
CITY OF ROANOKE
t OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Vacation and Dedication of Sanitary Sewer
Easement- 3138 Gum Spring Street, SE
Tax Map No. 4200901
Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public
hearing on the proposed vacation of property rights. This is to request that a public hearing be
advertised on the above matter for Council's regular meeting to be held on Monday, August 19, 2002.
A full report will be included in the August 19, 2002, agenda material for your consideration.
Respectfully submitted,
Darlene L. ~
City Manager
DLB/SEF
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Sarah E. Fitton, Engineering Coordinator
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable
Honorable
Honorable
M. Rupert Cutler, Council Member
Alfred T. Dowe Jr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Request For Public
Hearing to Consider Lease
of City Owned Property
Cellco Partnership, a Delaware general partnership, d/b/a/Verizon Wireless with
its principal office at 180 Washington Valley Road, Bedminister, New Jersey
07921, has requested to lease a portion of the Washington Heights Water Tank
and ground site, which is located in the 4100 block of Wyoming Avenue, Tax
Map No. 2770406. The purpose of this request is to install directional antennas,
connecting cables and appurtenances.
To lease this property, a new lease agreement is required as well as a public
hearing. The terms and conditions of this lease are in accordance with the City
of Roanoke Policy as to Wireless Telecommunication Facilities located on City
Property dated January 21, 1997. The term of this lease shall be four (4) years
and eleven (11) months commencing on September 1, 2002 and expiring on July
31, 2007. This lease may be renewed for up to two (2) five (5) year terms upon
mutual agreement by the parties.
Honorable Mayor and Members of Council
Request for Public Hearing to Consider Lease of City Owned Property
August 5, 2002
Page 2
Recommended Action:
Authorize the scheduling and advertising of a public hearing to consider entering
into a new lease agreement between the City of Roanoke and Cellco
Partnership, a Delaware general partnership, d/b/a/Verizon Wireless.
Respectfully submitted,
City Manager
DLB:je
C:
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager for Operations
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Michael McEvoy, Director of Utilities
Jesse Perdue, Water Division Manager
Will Claytor, Director of Real Estate Valuation
CM02-0167
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 5, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request for Public Hearing for
Deed of Release and
Dedication Deed of Quitclaim
The City of Roanoke Water Division was contacted by a developer, John Gdffin,
regarding a new subdivision named Kingston Estates he is constructing in
Roanoke County. The main water distribution line from the Falling Creek
Filtration Plant runs through the property he is developing. The water line has
existed in this location for about 100 years.
The City has requested the contractor to locate the water line in a new easement
outside the lots in a dedicated water line easement; the new line and the new
easement will be in place before the existing easement is vacated. The
contractor has requested the City to quitclaim its easement through the roadways
which VDOT requires in order to accept the road system for maintenance.
Honorable Mayor and Members of Council
Request for Public Hearing for Deed of Release and Dedication Deed of
Quitclaim
August 5, 2002
Page 2
Recommended Action:
Authorize the scheduling and advertising of a public hearing to establish a new
water line easement and Deed of Quitclaim for the easement through the
roadway right-of-way.
Respectfully submitted,
City Manager
DLB:je
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Mike McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Water Division Manager
CM02-0173
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
August 8, 2002
File #110-467
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mr. William E. Skeen
2525 Robin Hood Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Skeen:
Your communication tendering your resignation as a member of the Roanoke City School
Board, effective July 24, 2002, was before the Council of the City of Roanoke at a regular
meeting which was held on Monday, August 5, 2002.
On motion, duly seconded and adopted, the communication was received and filed and
your resignation was accepted, effective July 24, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc~
Cindy H. Lee, Clerk, Roanoke City School Board
Stephanie M. Moon, Deputy City Clerk
William E. Skeen
2525 Robin Hood Road, S.E., Roanoke, Virginia 24014
Cell No. (540) 520-2929, l/Vork No. (540) 344-5151, Home No. (540) 345-4960, Fax No. (540) 343-9892
July 11, 2002
Mayor Ralph Smith and Members of Roanoke City Council
c/o Mrs. Mary Parker, City Clerk
The City of Roanoke
215 Church Street
Roanoke, Virginia 24011
Dear Mayor Smith and Members of Roanoke City Council:
Please consider this letter as my formal resignation as a Trustee on the Roanoke City School
Board effective July 24, 2002.
I have accepted a job with Wacovia Bank as a Senior Vice President, in the Community
Development Division which will provide me with a great career growth opportunity. Accordingly, I
will be relocating to Richmond at the end of July.
I have enjoyed my brief experience as a Trustee on the School Board and want to thank each
member of the council for their confidence in appointing me to this position. Roanoke is a wonderful
place to live and raise a family because of your collective support for our school system, which I believe
to be one of the finest in the country. Roanoke is fortunate to have individuals dedicated to serving on
the School Board, a variety of effective instruction, modem facilities and an above average
administrative and teaching staff. Under the solid leadership of Dr. Wayne Harris, I am confident that
Roanoke City Schools will always be one of Roanoke's shining stars.
Very truly yours,
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: ¢40) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
August 8, 2002
File #15-110-230
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Mark C. McConnel, Chair
Roanoke Arts Commission
546 Camilla Avenue, S. E.
Roanoke, Virginia 24014
Dear Mr. McConnel:
This is to advise you that Susan W. Jennings has qualified as a member of the Roanoke
Arts Commission for a term ending June 30, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc:
Judith M. St. Clair, Secretary, Roanoke Arts Commission
Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Susan W. Jennings, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Arts Commission for a term ending
June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this,~:~'-'~'~'~ -~ offS-tizL~ 2002.
ay
/
ARTHU~R~DRUSH, III, CLERK
, DEPUTY CLERK
N:\CKMHl~Agenda.02\July 1, 2002.Oaths.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOIx'E
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
August 8, 2002
File #15-110-326
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Wayne G. Strickland, Secretary
Roanoke Valley-Alleghany Regional Commission
313 Luck Avenue, S. W.
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that David K. Lisk has qualified as a member of the Roanoke
Valley-Alleghany Regional Commission for a term ending June 30, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, David K. Lisk, do solemnly swear (or affirm) that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon me
as a member of the Roanoke Valley-Alleghany Regional Commission, for a term ending
June 30, 2003, according to the best of my ability.
Subscribed and sworn to before me thi,~"~'~day o~'~.~,/2002.
ARTHUR B. CRUSH, III, CLERK
BY.~,~/,-, (,.,,.~,..,...,) EPUTY
CLERK
H:~ABCC\Lisk. Roanoke Valley-Alleghany Regional Comission. Oath.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #15-110-200
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Martha P. Franklin, Secretary
City Planning Commission
Roanoke, Virginia
Dear Ms. Franklin:
This is to advise you that Fredrick M. Williams has qualified as a member of the City
Planning Commission, to fill the unexpired term of Alfred T. Dowe, Jr., resigned, ending
December 31,2004.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Fredrick M. Williams, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the City Planning Commission, to fill the unexpired
term of Alfred T. Dowe, Jr., resigned, ending December 31 2004, according to the best of
my ability. '
Subscribed and sworn to before me this ~'~day of ~ 2002.
ARTHUR B. CRUSH, Iii, CLERK
BY ~._/'~ 1~ --
, DEPUTY CLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #15-70-110
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Stephanie M. Moon, Secretary
Board of Fire Appeals
Roanoke, Virginia
Dear Ms. Moon:
This is to advise you that John C. Moody, Jr., has qualified as a member of the Board of
Fire Appeals for a term ending June 30, 2006.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, John C. Moody, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Board of Fire Appeals, for a term ending
June 30, 2006, according to the best of my ability.
Subscribed and sworn to before me this /~ day of
2002.
ARTHUR B. CRUSH, III, CLERK
, DEPUTYCLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #15-110-202
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Kenneth S. Cronin, Secretary
Personnel and Employment Practices Commission
Roanoke, Virginia
Dear Mr. Cronin:
This is to advise you that Lylburn D. Moore, Jr., has qualified as a member of the
Personnel and Employment Practices Commission for a term ending June 30, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Lylburn D. Moore, Jr., do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Personnel and Employment Practices
Commission for a term ending June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this .~ ~ day of
2002.
ARTHUR B. CRUSH, III, CLERK
13Y "-7' .--"/~
, DEPUTY CLERK
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
August 8, 2002
File #15-110-407
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Wayne G. Strickland, Secretary
Roanoke Valley Area Metropolitan Planning Organization
Roanoke Valley-AIleghany Regional Commission
313 Luck Avenue, S. W.
Roanoke, Virginia 24010
Dear Mr. Strickland:
This is to advise you that Sherman A. Holland has qualified as a member of the Roanoke
Valley Area Metropolitan Planning Organization for a term ending June 30, 2005.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman A. Holland, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Roanoke Valley Area Metropolitan Planning
Organization, for a term ending June 30, 2005, according to the best of my ability.
Subscribed and sworn to before me this ,3_~. day of ~,,J~ 2002.
ARTHUR B. CRUSH, III, CLERK
,DEPUTYCLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #15-72-110
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Teresa I. McDaniel, Secretary
Human Services Committee
Roanoke, Virginia
Dear Ms. McDaniel:
This is to advise you that Glenn D. Radcliffe has qualified as a member of the Human
Services Committee for a term ending June 30, 2003.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Stephanie M. Moon, Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Glenn D. Radcliffe, do solemnly swear (or affirm) that I will support the
Constitution of the United States of America and the Constitution of the Commonwealth
of Virginia, and that I will faithfully and impartially discharge and perform all the duties
incumbent upon me as a member of the Human Services Committee, for a term ending
June 30, 2003, according to the best of my ability.
ARTHUR B. CRUSH, III, CLERK
2002.
BY
, DEPUTYCLERK
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #32-42
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36000-080502 designating the procurement method
known as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of a property management
company for the City Market Building.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
Scott L. Motley, Economic Development Specialist
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36000-080502.
A RESOLUTION designating the procurement method known as competitive
negotiation, rather than the procurement method known as competitive sealed bidding, to be used
for the procurement of a property management company for the City Market Building; and
documenting the basis for this determination.
WHEREAS, the City seeks to procure proposals from property management companies
to manage and operate the City Market Building, which includes maintenance and repair of the
facility, employee training, customer responsiveness, and marketing and accounting procedures.
WHEREAS, this Council finds that the use of the procurement method of competitive
negotiation for the above mentioned services will allow for consideration of the factors of
experience, qualifications, and references which are of equal, if not greater, importance than the
cost.
WHEREAS, City Council is of the opinion that such services should be procured by
competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended,
this Council finds that the procurement method known as competitive sealed bidding is not
practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the
procurement of a property management company to manage and operate the City Market
Building.
2. City Council directs that the procurement method known as competitive
negotiation shall be used for the procurement of a property management company, as more fully
set forth in the City Manager's Letter to this Council dated August 5, 2002.
3. This Resolution documents the basis for City Council's determination.
ATTEST:
City Clerk
H:~R. ESOLUTIONSX~R-CompNegoMarketBldg080502.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice-Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Competitive Negotiation For
Management of City Market
Building
Background:
The City currently leases the Market Building at 32 Market Square, to Downtown
Associates, LP. This lease agreement expires December 31,2002. Downtown
Associates has officially notified the City that they will not exercise any renewal options
of this lease agreement and will vacate the premises effective December 31, 2002, as
will their management company, F&W Management, Corp. As a result, the City must
secure a new management company to operate the facility effective January 1, 2003.
The City desires the opportunity to consider entering into a contractual agreement with
a property management company to manage and operate the Market Building.
Although, the sealed bid method of procurement would normally be used, it is not
practicable or fiscally advantageous to the public in procuring the above services. The
experience, qualifications, and references of firms that can provide the above listed
services are of equal, if not greater, importance than the cost. Additional issues, other
than price, include maintenance and repair, employee training, customer
responsiveness, marketing and accounting procedures. Therefore, the process of
competitive negotiation using the request for proposal process has been identified as
the best method for procurement of these services.
Mayor Smith and Membem of Council
Page 2
August5,2002
Considerations:
The Code of the City of Roanoke provides, as an alternate method of procurement to
using the bid process, a process identified as "competitive negotiation." Prior approval
by Council is necessary before the alternate method may be used. See City Code
Section 23.1-4 (e). This method will allow for negotiations with two (2) or more
providers to determine the best qualified at the most competitive price or rate.
Recommended Action:
Authorize the use of competitive negotiation as the method to secure a management
company for the Market Building.
Respectfully submitted,
City Manager
DLB:slm
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Department of Management and Budget
Bob Bird, Purchasing Manager
Scott L. Motley, Economic Development Specialist
CM02-00175
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #72
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36001-080502 designating the procurement method
known as competitive negotiation, rather than the procurement method known as
competitive sealed bidding, to be used for the procurement of services for the provision of
Job Readiness instruction for eligible Department of Social Services clients.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
Jeffery H. Powell, Director, General Services
Robed H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36001-080502.
A RESOLUTION designating the procurement method known as competitive
negotiation, rather than the procurement method known as competitive sealed bidding,
to be used for the procurement of services for the provision of Job Readiness instruction
for eligible Department of Social Services clients and documenting the basis for this
determination.
WHEREAS, the City seeks to procure proposals from vendors to provide job
readiness training for clients of the Employment Services Program within the
Department of Social Services; and
WHEREAS, this Council finds that the use of the procurement method of
competitive negotiation for the above mentioned services will allow for consideration of
the factors of experience, qualifications/capacity, record of successfully achieving
desired outcomes, and references as related to the offers; and
WHEREAS, this Council finds in regard to the procurement of job readiness
instruction services for the Department of Social Services Employment Services
Program that the use of the procurement method of competitive negotiation will allow for
the evaluation of responsive offerors to include a means to evaluate the quality of
services being offered in the areas of instructional/training experience, personnel
allocation and financial management; and
H:\RESOLUTIONS\R-JobServices.doc
WHEREAS, City Council is of the opinion that such services should be procured
by competitive negotiation rather than competitive sealed bidding.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as
amended, this Council finds that the procurement method known as competitive sealed
bidding is not practicable and/or is not fiscally advantageous to the public for the
reasons set forth above.
2. City Council directs that the procurement method known as competitive
negotiation shall be used for the procurement of services for the provision of Job
Readiness instruction for eligible Department of Social Services clients, as set forth in
the City Manager's Letter to this Council dated August 5, 2002.
3. This Resolution documents the basis for City Council's determination.
ATTEST:
City Clerk,
H:\RESOLUTIONS\R-JobServices.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Competitive Negotiations for
Services
Background:
The City of Roanoke desires the opportunity to consider entering into a contractual
agreement with a service provider for the delivery of Job Readiness training. This
instruction would be made available for clients required to participate in the Virginia
Initiative for Employment not Welfare (VIEW) and Food Stamp Employment Training
(FSET) programs. The proposed training is designed to assist participants with job
search efforts, as well as with obtaining and maintaining employment.
Although the sealed bid method of procurement could be used, it is not practicable or
fiscally advantageous to the public in the above instance. The experience,
qualifications, and references of firms that can provide the above listed service are of
equal, if not greater, importance than the cost. Issues of experience, capacity and ability
to achieve desired outcomes are of critical importance in determining the best possible
provider of the required service. Additionally, the procurement of job
readiness/employment preparation training must include a means to evaluate the quality
of services to be provided in areas such as instructional/training experience, allocation
of personnel and financial management. Therefore, the process of competitive
negotiation using the request for proposal process has been identified as the best
method for procurement of these goods and services.
Honorable Mayor and Members of Council
August 5, 2002
Page 2
Considerations:
The Code of the City of Roanoke provides, as an alternate method of procurement to
using the bid process, a process identified as "competitive negotiation." Prior approval
by Council is necessary before the alternate method may be used. See City Code
Section 23.1-4 (e). This method will allow for negotiations with two (2) or more
providers to determine the best qualified at the most competitive price or rate.
Recommended Action:
City Council authorize the use of competitive negotiation as the method to secure
vendors to provide appropriate services as identified in this letter.
Respectfully submitted,
City Manager
DLB: vip
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Jeffery H. Powell, Director of General Services
Robert H. Bird, Acting Purchasing Manager
Glenn D. Radcliffe, Director of Human Services
Rolanda A. Johnson, Assistant City Manager for Community Development
#CM02-00178
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #5-60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36003-080502 authorizing acceptance of a certain
Local Law Enforcement Block Grant from the United States Department of Justice, in the
amount of $129,407.00, with a local cash match of $14,379.00 by the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hal. l, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
A. L. Gaskins, Chief of Police
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36003-080502.
A RESOLUTION authorizing the acceptance of a certain Local Law Enforcement Block
Grant fi.om the United States Department of Justice, and authorizing execution of any required
documentation on behalf of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the U.S.
Department of Justice, a Local Law Enforcement Block Grant in the amount of $129,407, with the
City providing an additional $14,379 in local match, such grant being more particularly described in
the letter of the City Manager, dated August 5, 2002, upon all the terms, provisions and conditions
relating to the receipt of such funds.
2. The City Manager is hereby authorized to execute, on behalf of the City, any
documentation required in connection with the acceptance of such grant and to fumish such
additional information as may be required by the Department of Justice.
ATTEST:
City Clerk.
N:~CALLAMEASURF~'~I..AW ENFORECEMENT GRANT 2002.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #5-60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36002-080502 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$129,407.00 in connection with a Local Law Enforcement Block Grant from the United
States Department of Justice; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Barry L. Key, Director, Office of Management and Budget
A. L. Gaskins, Chief of Police
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36002-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations:
Public Safety
Local Law Enforcement Block Grant FY2003 (1-4) ...................................
$ 2,288,462
146,286
Revenues:
Public Safety-Special Purpose Grants
Local Law Enforcement Block Grant FY2003 (5-7) ...................................
1) Overtime
2) FICA
3) Expendable
Equipment <$5,000
4) Training and
Development
5) Federal Grant Receipts
6) Local Match
7) Interest
(035-640-3333-1003)
(035-640-3333-1120)
(035-640-3333-2035)
(035-640-3333-2044)
(035-640-3333-3335)
(035-640-3333-3336)
(035-640-3333-3337)
$ 120,000
9,180
12,000
5,106
129,407
14,379
2,500
$ 2,288,462
146,286
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 5, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable, M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Local Law Enforcement
Block Grant 2002-2003
Background:
Congress has appropriated funds for continuation of the Local Law Enforcement
Block Grant (LLEBG) for fiscal year 2002-2003. The grant is to be administered
by the Bureau of Justice Assistance and the U. S. Department of Justice. The
purpose of the LLEBG Program is to provide funds to units of local government
to underwrite projects designed to reduce crime and improve public safety.
Roanoke has been awarded $129,407, and grant conditions require a local
match amount of $14,379, for a program totaling $143,786. This award would
renew Roanoke's LLEBG Grant Program for the seventh consecutive year.
These grant funds must be used for: (1) payment of overtime to presently
employed law enforcement officers for the purpose of increasing the number of
hours worked by such personnel and (2) procuring equipment, training and other
materials directly related to basic law enforcement functions. Police bicycle
patrol, directed at specific/problem areas or neighborhoods will be continued
through this program.
The deadline for acceptance of this grant is August 25, 2002. Grant funds
become available only after a public hearing and an LLEBG Program advisory
committee meeting has been conducted by the Police Department. The public
hearing and LLEBG advisory committee meeting must be conducted prior to
October 9, 2002.
Considerations:
The LLEBG Program requires that all grant funds ($129,407) be placed in an
interest bearing account. Based on interest earned during the past year of
LLEBG funding, interest earnings of $2,500 are anticipated for this grant. The
local cash match of $14,379 is available in the Police Department's State Asset
Forfeiture account.
Recommended Action:
Authorize the City Manager to execute any required documentation.
Appropriate $129,407 to grant fund accounts to be established by the Director of
Finance in the following amounts:
Police Overtime
FICA
Expendable Equipment
Training and Development
Total
$120,000
$ 9,180
$12,000
$ 5,106
$146, 286
DLB:rla
C:
Respectfully submitted,
City Manager
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse Hall, Director of Finance
Rolanda Johnson, Assistant City Manager
A. L. Gaskins, Chief of Police
CM02-00174
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36005-080502 authorizing acceptance of a Local
Government Challenge Grant from the Virginia Commission for the Arts, in the amount of
$5,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36005-080502.
A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant
from the Virginia Commission for the Arts.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke accepts a Local Government Challenge Grant from the
Virginia Commission for the Arts in the amount of $5,000.00 to be used for funding local
organizations, as more particularly set forth in the City Manager's letter to this Council dated
August 5, 2002.
2. The City Manager, or the Assistant City Manager, is hereby authorized to
execute any and all requisite documents, including any documents providing for
indemnification by the City as are required for the City's acceptance of this grant, upon form
approved by the City Attorney, and to furnish such additional information as may be required
in connection with the City's acceptance of this grant.
ATTEST:
City Clerk.
N:~CAS}t~RES~R-ArtsCommGrant0$0502.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36004-080502 amending and reordaining cedain
sections of the 2002-03 General and Grant Funds Appropriations, providing for
appropriation of $5,000.00, from the Virginia Commission for the Arts for a Local
Government Challenge Grant; and dispensing with the second reading by title of this
ordinance.
The abovereferenced measure was adopted by the Council of' the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36004-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Parks, Recreation and Cultural $
Challenge Grant FY03 (1) .........................................................................
Revenues
Parks, Recreation and Cultural $
Challenge Grant FY03 (2) .........................................................................
28,000
5,000
28,000
5,000
1) Subsidies
2) Challenge Grant FY03
(035-410-8737-3700) $ 5,000
(035-410-8737-8737) 5,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch, Council Member
William H. Carder, Vice Mayor
Dr. M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Virginia Commission for the Arts -
Local Government Challenge Grant
Background:
Notification has been received from the Commonwealth of Virginia Commission for the
Arts that a $5,000 Local Government Challenge Grant has been awarded to Roanoke.
Application for the grant was made at the request of the Arts Council of Roanoke Valley,
Mill Mountain Theatre, Opera Roanoke, Roanoke Symphony Orchestra, and Young
Audiences of Virginia.
In order to receive these funds, the Commission must obtain written confirmation that
local tax revenue dollars will be used to match or exceed the amount of the grant. For
Fiscal Year 2002-03, the organizations listed previously will receive local tax dollar
funding through the Roanoke Arts Commission in the amounts shown below:
· Arts Council of Roanoke Valley
· Mill Mountain Theatre
· Opera Roanoke
· Roanoke Symphony Orchestra
· Young Audiences of Virginia
$12,500
10,500
6,500
21,500
4,000
Mayor and Members of City Council
Virginia Commission for the Arts - Local Government Challenge Grant
Page 2
Recommended Action(s):
Adopt the attached resolution authorizing the acceptance of this grant, appropriate
funds to an account to be created by the Director of Finance in the Grant Fund entitled
"Challenge Grant FY 03", and establish a revenue estimate of $5,000. The grant funds
will then be distributed to the five sponsoring agencies in the amount of $1,000 each.
ubmitted,
Darlene ~~
City Manager
DLB:mds
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management & Budget
CM02-0163
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-72-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36007-080502 authorizing acceptance of a grant
award under the Temporary Assistance for Needy Families (TANF) Hard-to-Serve Project
from the Virginia Department of Social Services, for the purpose of providing job search,
job coaching and job retention services for eligible TANF recipients who must obtain
employment, in the amount of $207,933.00.
The abovereferenced measure was adopted by the Council of the CitY of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
Barry L. Key, Director, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36007-080502.
A RESOLUTION authorizing acceptance of a grant award under the Temporary
Assistance for Needy Families (TANF) Hard-to-Serve Project from the Virginia Department
of Social Services, for the purpose of providing job search, job coaching and job retention
services for eligible TANF recipients who must obtain employment, and authorizing
execution of any and all necessary documents to comply with the terms and conditions of the
grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The grant award under the Temporary Assistance for Needy Families (TANF)
Hard-to-Service Project from the Virginia Department of Social Services, for the purpose of
providing job search, job coaching and job retention services for hard-to-serve TANF
recipients, in the amount of $207,933.00, as set forth in the City Manager's letter to Council
dated August 5, 2002, is hereby ACCEPTED.
2. The City Manager, or her designee, is hereby authorized to execute any and all
requisite documents pertaining to the City's acceptance of these funds and to furnish such
additional information as may be required in connection with the City's acceptance of these
grant funds. All documents shall be approved by the City Attorney.
ATTEST:
H:~,ESOLUTIONSkR-TANF0g0502.wpd
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-72-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36006-080502 amending and reordaining certain
sections of the 2002-03 Grant Funds Appropriations, providing for appropriation of
$207,933.00 in connection with a grant award from the Virginia Department of Social
Services under the Temporary Assistance for Needy Families Hard-to-Serve Project; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc;
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
Glenn D. Radcliffe, Director, Human Services
Rolanda A. Johnson, Assistant City Manager for Community Development
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36006-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Health and Welfare $ 3,542,543
Temporary Assistance for Needy Families (TANF) Hard-to-Serve (1) ...... 207,933
Revenues
Health and Welfare $ 3,542,543
Temporary Assistance for Needy Families (TANF) Hard-to-Serve (2) ...... 207,933
1) Fees for Professional
Services (035-630-8851-2010) $207,933
2) State Grant Receipts (035-630-8851-8851) 207,933
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.corn
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Grant Award for FY'03
Temporary Assistance for
Needy Families (TANF)
Hard-to-Serve Project
Background:
The Virginia Department of Social Services issued a Request for Proposal to use
federal funds to provide job search, job coaching, and job retention services for
hard-to-serve TANF recipients. The City of Roanoke Department of Social
Services responded to this RFP with a proposal outlining its intent to work
collaboratively with TAP - This Valley Works to provide the work-related services
listed above. Under this proposal, eligible TANF recipients who must obtain
employment, but who have not been in compliance with certain regulatory
requirements, are provided customized job search assistance. Case managers
work with these individuals to develop and initiate an individualized plan of action
to meet compliance requirements and to assist in securing and maintaining
employment.
The City of Roanoke was awarded $207,933 in grant funding under the TANF
Hard-to-Serve Project for fiscal year 2003. This includes $31,561 carried forward
from FY 02 and $176,372 available for FY 03.
Honorable Mayor and Members of Council
August 5, 2002
Page 2
Considerations:
· Program Operations - Existing activities will continue and planned
programs will be implemented.
· Funding - Funds are available from Grantor agency, at no additional cost
to the City.
Recommended Action:
Authorize acceptance of the grant award, appropriate Temporary Assistance to
Needy Families (TANF) Funding totaling $207,933 and establish a revenue
estimate of $207,933 in accounts to be established by the Director of Finance.
Respectfully submitted,
City Manager
DLB:rji
C'
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Glenn D. Radcliffe, Director of Human Services
Rolanda A. Johnson, Assistant City Manager for Community Development
#CM02-00177
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-236-468-529
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36009-080502 authorizing acceptance of a grant
from the United States Environmental Protection Agency to develop a vulnerability
assessment, emergency response/operating plan, security enhancement and design, or
a combination of said items for the City's water system, in an amount of up to $115,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Jesse A.-Hall, Director of- Finance
GeorgeC. Snead, Jr., Assistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
Barry L. Key, Director, Office of Management and Budget
H:L~genda.02~August 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36009-080502.
A RESOLUTION authorizing the acceptance of a grant from the United States
Environmental Protection Agency to develop a vulnerability assessment, emergency
response/operating plan, security enhancement and design, or a combination of these items for the
City's water system; authorizing execution of any required documentation on behalf of the City; and
authorizing the City Manager to take such further action as may be necessary to accept such grant.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager is hereby authorized on behalf of the City to accept from the
United States Environmental Protection Agency a grant in an amount of up to $115,000 to develop a
vulnerability assessment, emergency response/operating plan, security enhancement and design, or a
combination of these items for the City's water system, such grant being more particularly described
in a letter from the City Manager to Council dated August 5, 2002, upon all the terms, provisions and
conditions relating to the receipt of such funds.
2. The City Manager is hereby authorized to execute, on behalf of the City, any
documentation required in connection with the acceptance of such grant, in a form approved by the
City Attorney, to furnish such additional information as may be required by the United State
Environmental Protection Agency, and to take such further action as may be necessary to accept such
grant.
ATTEST:
City Clerk.
H:q~4EASUI~S~,EpA GRAN'I'.DOC
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-236-468-529
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36008-080502 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$115,000.00 from the U. S. Environmental Protection Agency, in connection with
vulnerability assessments of the City's potable water systems; and dispensing with the
second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
George C. Snead, Jr., As'sistant City Manager for Operations
Michael McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Manager, Water Department
Barry L. Key, Director, Office of Management and Budget
H:kAgenda.02~August 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36008-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Public Safety $ 2,257,176
Vulnerability Assessment (1) ..................................................................... 115,000
Revenues
Public Safety $ 2,257,176
Vulnerability Assessment (2) ..................................................................... 115,000
(1) Fees for Professional
Service (035-510-5250-2010) $ 115,000
(2) Federal Grant Receipts (035-510-5250-5250) 115,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 5, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable Rupert M. Cutler, Council Member
Honorable Alfred T. Dowe, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Acceptance of Grant to
Conduct Vulnerability
Assessment
Background:
Presidential Decision Directive 63 (PDD-63) was issued by President Clinton in
1998 and established the National Infrastructure Protection Center (NIPC). The
Directive also designates the water industry as one of ei,qht critical infrastructure
sectors. Further, PDD-63 outlines a collaborative effort between public agencies
and the private sector to identify and address the vulnerabilities in the nation's
critical infrastructures.
In response to the attacks of September 11,2001, the United States
Environmental Protection Agency (EPA) received a supplemental appropriation
from Congress to improve the safety and security of the nation's water supplies.
Grant money from EPA was made available for large systems that serve
populations over 100,000 such as is the case with the City of Roanoke's water
system.
In December, 2001 the U.S. House of Representatives passed legislation that
will require all water utilities serving over 3,300 people to complete vulnerability
assessments of their potable water systems.
Honorable Mayor and Members of Council
Acceptance of Grant to Conduct Vulnerability Assessment
August 5, 2002
Page 2
The schedule for completion of the assessment is December 31,2002.
In April 2002, the Water Division applied for a $115,000 grant from EPA to be
used by the City Water Division in accordance with EPA requirements/guidelines
to develop a vulnerability assessment (VA), emergency response/operating plan
(EOP), security enhancement and design or a combination of these efforts.
Randall Funding and Development, the grant writing firm under contract with the
City, assisted in the preparation of grant application materials. This assistance is
offered to the City of Roanoke for 100% of all approved costs incurred up to and
not exceeding $115,000 and the City is under no obligation to provide matching
funds.
On June 17, 2002 we received notification from the Environmental Protection
Agency stating that the $115,000 grant application has been approved.
Recommended Action:
Accept the EPA grant in the amount of $115,000 and authorize the City Manager
and City Clerk to execute and attest, respectively, an agreement with the EPA
and any other forms necessary and take such further action as may be
necessary to accept such grant, to be approved as to form by the City Attorney.
Appropriate $115,000 in federal funds in an account to be established by the
Director of Finance in the Grant Fund.
Respectfully submitted,
Darlene L. B~~
City Manager
DLB:je
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
Mike McEvoy, Director of Utilities
Jesse H. Perdue, Jr., Water Division Manager
CM02-00182
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #200-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36010-080502 authorizing the appropriate City
officials to enter into the 2002-2003 Community Development Block Grant Program
Agreement with the Blue Ridge Small Business Development Center.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Lisa C. Ison, President, Blue Ridge Small Business Development Center, 1354 8th
Street, S. W., Roanoke, Virginia 24015
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
H:XAgenda.02XAugust 5, 2002 correspondence.wpd
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36010-080502.
A RESOLUTION authorizing the appropriate City officials to enter into the 2002-
2003 Community Development Block Grant Program Agreement with the Blue Ridge Small
Business Development Center, upon certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or
Assistant City Manager, and the City Clerk, are hereby authorized to execute and attest,
respectively, on behalf of the City, the 2002-2003 Community Development Block Grant
Program Agreement with the Blue Ridge Small Business Development Center, approved as
to form by the City Attorney, within the limits of funds and for the purposes as are more
particularly set forth in the City Manager's letter dated August 5, 2002, to this Council.
ATTEST:
City Clerk.
H:XRESOLUTIONS~I.-CDBGBLUERIDGEOS0$02.DOC
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August 5, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Subject:
2002-03 Community Development
Block Grant (CDBG) Agreement
with Blue Ridge Small Business
Development Center (Center)
Background:
Since 1995, the Blue Ridge Small Business Development Center has operated the "New
Century Venture Center," our region's premiere small business incubator and one of the
most successful facilities of its kind in the nation. The City has long been a supporter of
the Center, including providing CDBG funds to assist with the acquisition of the building
and operating costs during its first three years. The Center facilitates the viability of new
and expanding small businesses by offering space and shared services to reduce the
financial burdens on such companies. More recently, the Center has perceived a need to
assist businesses that cannot locate within the facility, but which nonetheless can benefit
from the cost savings the Center makes available. The Center is establishing a new
"Venture Out" program that will provide computer, communications and other services to
such external companies. External companies will schedule time to use the equipment and
services located within the "Venture Out" area of the Center, reducing the businesses'
capital and other costs and thus promoting their viability.
On May 13, 2002, City Council authorized CDBG assistance to the Center and its Venture
Out Program by Resolution No. 35848-051302, which approved submission of the City's
2002-03 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban
Development. City Council accepted the 2002-03 CDBG funds on June 17, 2002, by
The Honorable Mayor and Members of Council
August 5, 2002
Page 2
Budget Ordinance No. 35914-061702 and Resolution No. 35915-061702, pending receipt
of the approval letter from HUD. The approval letter is completing the routine
Congressional release process and is expected by mid-August.
Considerations:
In order for the Center to provide the business development activities approved in the
Consolidated Plan, City Council's authorization to execute an agreement with the Center is
needed. Necessary CDBG funding is available in account 035-G03-0330-5370, as shown
on page 10 of the draft Agreement, which is attached to this report. A total of $105,000 in
CDBG funds is being provided to the Center for the period from July 1,2002, to June 30,
2003.
Recommended Action:
Authorize the City Manager to execute the 2002-03 CDBG Agreement with the Center,
similar in form and content to the draft attached to this report, and approved as to form by
the City Attorney.
Respectfully submitted,
City Manager
Attachments
C~
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM02-00172
Attachment 1
AGREEMENT
This Agreement is made and entered into this first day of July, 2002, by and between the following
parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Blue Ridge Small Business
Development Center, linc.
1354 Eighth Street, S.W.
Roanoke, Virginia 24015
WITNESSETH:
WHEREAS, by Resolution No. 35915-061702 the Roanoke City Council approved the 2001/2002
Community Development Block Grant (CDBG) program and by Ordinance No. 35914-061702
appropriated funds therefor; and
WHEREAS, by Resolution No. __-080502 the Roanoke City Council approved the execution of
this subgrant agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
CDBG National Objective -- Funds under this Agreement shall be used by the Subgrantee
pursuant to the CDBG national objective of creating jobs for low- and moderate-income
persons.
bo
General -- The Subgrantee shall undertake economic development activities whose
ultimate aim is the creation of new employment opportunities in the City of Roanoke, as
further described below. As part of these activities, the Subgrantee shall provide staff
support sufficient to ensure satisfactory performance under this Agreement. The
Subgrantee will conduct outreach and marketing of its services to prospective business
clients and provide such counseling as may be required to determine a client's need for and
ability to benefit from available assistance.
c. Specific Activities -- During the period of performance, defined in section 2 below, the
Subgrantee shall engage in the following activities:
(1) "Venture Out" -- Business Affiliates Program -- Using fimds provided by the Grantee
under this Agreement, the Subgrantee shall implement the "Venture Out" business
Page 1 of 15 Pages
affiliates program. This program will be housed in the New Century Venture Center
and make available a full-service business center for small businesses that are
physically unable to locate within the facility, due to such barriers as zoning or space
requirements, but which are in need of assistance in order to become established or to
expand or otherwise become viable enterprises. Services offered will include:
computer workstations with high-speed Intemet access; a state-of-the-art telephone
system, with on-site receptionist and voice mail capabilities; conference and training
rooms equipped for audio-visual presentations; fax, copying, mailing, shipping and
secretarial services; opportunities to participate in Center-sponsored seminars and
events; resource library; and other business services. Clients may participate on a
monthly, daily or other use basis.
(2)
On-Site Incubator Assistance -- In addition to implementing the new Venture Out
program, the Subgrantee may use funds provided by the Grantee for the operating costs
associated with offering its standard, on-site incubator services to business clients.
These services include, but are not necessarily limited to:
(a) providing space to business tenants; and
(b) delivering services to business tenants on a shared or similar basis, which may
include, but not necessarily be limited to: management or related assistance;
communications and reproduction services; resource library and computer services;
custodial and security services; and other typical needs of a new or developing
business.
(3) The Subgrantee shall not use any CDBG funds under this Agreement to provide direct
financial assistance, such as grants, loans, loan guarantees, interest supplements or
other financial support as well as equipment or other items of any value whatsoever, to
any private for-profit entity without the Grantee's prior written authorization.
do
Performance Expectations -- The return on the investment of public funds made by the
Grantee under this Agreement shall be the creation of at least seven (7) new, full-time
equivalent, permanent jobs, of which four (4) shall be filled by persons whose family
income for the twelve (12) months prior to hiring was less than 80% of the area median, as
promulgated by the U.S. Department of Housing and Urban Development (HUD) and in
effect at the time of hiring. To count toward this performance expectation, the jobs must
have been created and filled on or after the beginning date of this Agreement by a business
participating in the new Venture Out program or by business tenant of the New Century
Venture Center incubator. In addition, the creation of the jobs, the hiring of the persons,
and the family size and family income for the hirees shall be documented to the satisfaction
of the Grantee, in accordance with the records and reporting requirements described in
section 14 below. In the event this performance expectation is not achieved, the
Subgrantee shall be liable for repayment of any disallowed costs.
PERIOD OF PERFORMANCE:
This Agreement shall begin July 1, 2002, and end June 30, 2003, or upon the fulfillment of the
Page 2 of 15 Pages
o
performance expectation described in section 1.d above, whichever is later, but in no event
shall the ending date be later than June 30, 2004.
BUDGET:
The total amount of CDBG funds used for this project shall not exceed $105,000. Specific line
item amounts are provided below. With prior approval from the Department of Management
and Budget, budgeted fimds may be shit~ed among approved line items for expenses which are
consistent with the Scope of Services.
I
Category I Operating Venture Out Total
Staff Salaries and Benefits / $16,529 $15,000 $31,529
Contractual Services ] 9,802 9,802
1
Utilities (incl. Telephone Service) ~ 16,280 16,280
Insurance ~ 3,138 3,138
1
Maintenance Agreements ~ 3,128 3,128
1
Publications ] 2,300 2,300
1
Postage (incl. UPS charges) 1,323
Computer Equipment (incl. printer) 17,500 17,500
Telephone Equipment 14,000 14,000
Intemet/Intranet Access and Software 4,000 4,000
Marketing 1,500 1,500
Business Library 500 500
TOTAL I $52,500 $52,500 $105,000
Where feasible and cost-effective, equipment needed to implement the new Venture Out
program shall be obtained through leasing. Where purchase of equipment is required, the
Subgrantee shall obtain comparative quotes or competitive bids, as appropriate, and maintain
documentation that the lowest-cost, qualified vendor was selected.
DISBURSEMENT PROCEDURES:
CDBG funds provided under this Agreement may be requested by the Subgrantee monthly and
only for costs incurred during the period beginning July 1, 2002, and ending June 30, 2003.
Requests for disbursements shall be submitted by the 15th of the month to the Grantee's
Department of Management and Budget for review and approval. Disbursements requested for
staff salaries and benefits costs shall be supported by copies of payroll and time records.
Disbursements for other costs shall be supported by copies of vendor invoices, receipts, bills or
Page 3 of 15 Pages
similar documents. Documentation will be attached to a disbursement request cover sheet
similar in form to the line item budget in section 3 above and indicating the amount being
requested for the item. Subject to timely receipt of monthly reports described in section 14,
disbursement of properly documented requests will normally be made by the Grantee within
ten (10) work days of receipt. Final requests for disbursements must be received by the
Grantee by July 31,2002. The Grantee shall not be bound to honor requests received after this
final date.
5. NONDISCRIMINATION:
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), Section 504 of the Rehabilitation Act of 1973,
as amended, and the Americans with Disabilities Act. No person in the United States shall on
the ground of race, color, sex, disability, religion, 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 fimds available under this title.
6. INDEMNIFICATION:
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
Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City 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 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 Subgrantee on account of an alleged act of omission by the Subgrantee, in whole or
in part, 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, as a result of an
alleged act or omission by the Subgrantee, in whole or in part, either independently or jointly
with Subgrantee then 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.
7. COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by U.S. Department of Housing and Urban Development
(HUD) conditions for CDBG programs and all other applicable federal regulations relating to
specific programs performed hereunder.
8. UNIFORM ADMINISTRATIVE REQUIREMENTS:
Page 4 of 15 Pages
The Subgrantee shall comply with the requirements and standards of OMB Circular No.
A-110, "Uniform Administrative Requirements...'; and OMB Circular No. A-122, "Cost
Principles for Non-Profit Organizations.
ANNUAL AUDIT:
As an entity receiving less than $300,000 in federal fimding from the Grantee, the Subgrantee
shall not be required by the Grantee to undergo an annual independent audit of the CDBG
expenditures under this Agreement. Furthermore, no expenditures with respect to any such
audit undertaken by the Subgrantee's own initiative shall be chargeable to the funds under this
Agreement.
10. PROGRAM INCOME:
"Program income" means the gross income directly generated by the Subgrantee from the use
of the CDBG funds provided by the Grantee under this Agreement. The Grantee shall receive
a share of all such program income based upon the percentage that CDBG funds provided
under this Agreement assisted the activity generating the income. Program income from any
and all sources shall be remitted to the Grantee within five (5) working days of its receipt by
the Subgrantee.
11. EMPLOYMENT DISCRIMINATION PROHIBITED:
Pursuant to {}23.1-20 of the Code of the City of Roanoke (1979), as amended, this Agreement
being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the
following:
a. During the performance of this Agreement, the Subgrantee agrees as follows:
(1)
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any
other basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(2)
The Subgrantee, in all solicitations or advertisements for employees placed by or on
behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity
employer.
(3)
Notices, advertisement and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of
this section.
b. The Subgrantee will include the provisions of the foregoing subparagraphs a.(1)(2),and (3)
in every subagreement, subcontract or purchase order of over ten thousand dollars
Page 5 of 15 Pages
($10,000), so that the provisions will be binding upon each subgrantee, subcontractor or
vendor.
12. DRUG-FREE WORKPLACE TO BE MAINTAINED:
Pursuant to {}23.1-20.1 of the Code of the City of Roanoke (1979), as amended, this Agreement
being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the
following:
a. During the performance of this Agreement, the Subgrantee agrees to:
(1) Provide a drag-free workplace for the Subgrantee's employees;
(2)
Post in conspicuous places, available to employees and applicants for employment, a
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in
the Subgrantee's workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(3) State in all solicitations or advertisements for employees placed by or on behalf of the
Subgrantee that the Subgrantee maintains a drug-flee workplace; and
(4)
Include the provisions of the foregoing clauses in every subagreement, subcontract or
purchase order of over ten thousand dollars ($10,000), so that the provisions will be
binding upon each subgrantee, subcontractor or vendor.
bo
For the purposes of this section, "drag-free workplace" means a site for the performance of
work done in connection with a specific Agreement, subagreement or contract awarded to
the Subgrantee in accordance with this chapter, the employees of whom are prohibited
fi.om engaging in the unlawful manufacture, sale, distribution, dispensation, possession or
use of any controlled substance or marijuana during the performance of the Agreement,
subagreement or contract.
13. FAITH-BASED ORGANIZATIONS:
Pursuant to {}2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does
not discriminate against faith-based organizations.
14. RECORDS AND REPORTS:
ao
Records -- The Subgrantee shall maintain full and accurate records with respect to all
matters covered under this Agreement. All records pertaining to this Agreement and the
services performed pursuant to it, shall be retained for a period of four (4) years after the
expiration date of this Agreement or its amendments. Appropriate Grantee and/or HUD
personnel shall have free access to those records for the period of this Agreement and the
Page 6 of 15 Pages
subsequent four-year time retention period.
Reports -- By the 15th of each month, the Subgrantee shall submit to the Grantee's
Department of Management and Budget a narrative report summarizing its activities and
accomplishments under this Agreement for the most recently completed month. The report
shall also include documentation of jobs created, the individuals hired for these jobs, the
family size and income of the hirees and their demographic characteristics, as required by
HUD*, using the sample forms attached to this Agreement, or alternatives designed by the
Subgrantee and approved by the Grantee for this purpose. The Subgrantee also agrees to
submit any other reports as requested by the Grantee.
To receive credit that low- and moderate-income persons have been hired for at least 51% of
the jobs created, HUD requires that documentation for each assisted business shall include:
(a) A copy of a written agreement containing:
i. A commitment by the business that at least 51% of the jobs created, on a full-time
equivalent basis, will be held by low- and moderate-income persons; and
ii. A listing by job title of the permanent jobs to be created, identifying which are part-
time, if any;
(b) A listing by job titles of the permanent jobs filled and which jobs were initially held by
low- and moderate-income persons; and
(c) For each such low- and moderate-income person hired; the size and annual income of the
person's family prior to the person being hired for the job.
HUD's equal employment opportunity requirements dictate that information obtained for
each hiree include the person's ethnic group, and whether he or she is disabled or a single
female head of household.
15. 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 activity, may obtain a personal or financial 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.
16. SUSPENSION AND TERMINATION:
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. The Agreement may be terminated for convenience
in accordance with 24 CFR 85.44, which provides latitudes for the Subgrantee to initiate such
actions.
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.
17. REVERSION OF ASSETS:
Page 7 of 15 Pages
Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the
City any CDBG funds or program income on hand at the time of expiration, or received after
such expiration, and any accounts receivable attributable to the use of CDBG funds.
18. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
Further, 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, the Subgrantee
shall remain fully obligated under the provisions of this Agreement. Any third party shall
comply with all applicable requirements of this Agreement.
19. ANTI-LOBBYING:
To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been
paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an office or employee
of Congress, or an employee of a Member of congress in connections with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other
than Federal funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this
agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
20. 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.
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:
Page 8 of 15 Pages
By. By
Mary F. Parker, City Clerk
Darlene L. Burcham, City Manager
ATTEST:
FOR THE SUBGRANTEE:
By
By
Lisa C. Ison, President
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Dept. Management and Budget
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Assistant City Attomey
Director of Finance
Date
Acct. No. 035-G03-0330-5370 $105,000
Page 9 of 15 Pages
Attachment 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Training~ Employment and Business
Opportunities:
Ao
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 o£ 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 concerns 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 rules 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.
Co
The Subgrantee 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 Subgrantee 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 contractor is in violation of regulations issued by the Secretary
of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not
subcontract with any contractor 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 contractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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
Page 10 of 15 Pages
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 Subgrantees and contractors, 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 Opportuni.ty: 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 Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined 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 Subgrantee
agrees as follows:
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Subgrantee
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 Subgrantee 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 Subgrantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
Co
The Subgrantee 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' representatives of the Subgrantee's commitment trader this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
Do
The Subgrantee 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.
Eo
The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the
Page 11 of 15 Pages
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 rules, regulations and orders.
In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee 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 rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
The Subgrantee 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 contractor or vendor. The
Subgrantee 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 Subgrantee
becomes involved in or is threatened with litigation with a contractor or vendor as a
result of such direction by the Department, the Subgrantee may request the United
States to enter into such litigation to protect the interest of the United States."
The Subgrantee 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 Subgrantee so participating is a State or local
govemment, 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 Subgrantee agrees that it will assist and cooperate actively with the
Department and the Secretary of Labor in obtaining the compliance of Subgrantees and
contractors 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 its primary
responsibility for securing compliance.
The Subgrantee 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 Subgrantee
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 maybe imposed
upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D, of the Executive Order. In addition, the Subgrantee 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 Subgrantee under the Program
with respect to which the failure or refusal occurred until satisfactory assurance of future
Page 12 of 15 Pages
o
°
°
compliance has been received from such Subgrantee; and refer the cause to the Department
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 Subgrantee shall cause or require a covenant nmning 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 Subgrantee and the United States are beneficiaries of and entitled to enforce such
covenant. The Subgrantee, 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.
Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance
with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act, which prohibit discrimination against the disabled in any federal assisted
program.
Obligations of Subgrantee with Respect to Certain Third-party Relationships: The
Subgrantee shall remain fully obligated under thc 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 Subgrantec. Any Subgrantee which is not thc 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 thc Subgrantee is carded 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
thc 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 bc admitted to any share or part of this
Agreement or to any benefit to arise from thc same.
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 thc purpose
of obtaining HUD approval of thc 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.
"Section 109": This Agreement is subject to the requirements of Section 109 of the
Page 13 of 15 Pages
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 tot he matter under investigation and
pertinent to compliance with the Order, and the rules and regulations promulgated pursuant
thereto by the Subgrantee. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and that Act.
10.
Legal Remedies for Contract Violation: If the Subgrantee 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:
2)
3)
4)
Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
Disallow all or part of the cost of the activity or action not in compliance,
Wholly or partly suspend or terminate the current Agreement, or
Take other remedies that may be legally available.
Page 14 of 15 Pages
Attachment 2
(Business and Job Creation Reports Formats)
Page 15 of 15 Pages
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #200-236
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36011-080502 authorizing execution of an
agreement with the Roanoke Regional Chamber of Commerce for administration of
Community Development Block Grant funds for fiscal year 2002-2003, for services related
to promotion and development in the central area of the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Elizabeth S. Doughty, President, Roanoke Regional Chamber of Commerce, 212
South Jefferson Street, Roanoke, Virginia, 24011-1702
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Frank E. Baratta, Budget Team Leader
H:~,Agenda.02~August 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of August, 2002.
No. 36011-080502.
A RESOLUTION authorizing the execution of an agreement with the Roanoke
Regional Chamber of Commerce for administration of Community Development Block
Grant (CDBG) funds for FY 2002-2003, for services related to the promotion and
development in the central area of the City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The 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, with the Roanoke Regional Chamber of Commerce for administration
of Community Development Block Grant (CDBG) funds for FY 2002-2003, for services
related to the promotion and development in the central area of the City, within the limits of
funds as more particularly set forth in the City Manager's letter, dated August 5, 2002, to
this Council.
The form of said agreement, and any necessary amendments thereto, shall be
approved by the City Attorney.
ATTEST:
City Clerk.
H:kRESOLUT1ONS~R-CDBG-RRCHAMBERCOMMERCE0g0502.WPD
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of Council:
Subject:
2002-03 Community Development
Block Grant (CDBG) Agreement
with Roanoke Regional Chamber
of Commerce (Chamber)
Backgmund:
Since 1998, the Chamber's Small Business Development Center has conducted a
"Community Business Development Initiative" program to promote business development
in the central City. On May 13, 2002, City Council authorized the Chamber's 2002-03
CDBG activities and funding by Resolution No. 35848-051302, which approved submission
of the City's 2002-03 Consolidated Plan Annual Update to the U.S. Department of Housing
and Urban Development. City Council accepted the 2002-03 CDBG funds on June 17,
2002, by Budget Ordinance No. 35914-061702 and Resolution No. 35915-061702,
pending receipt of the approval letter from HUD. The approval letter is completing the
routine Congressional release process and is expected by mid-August.
Considerations:
In order for the Chamber to provide the business development activities approved in the
Consolidated Plan, City Council's authorization to execute an agreement with the Chamber
is needed. Necessary CDBG funding is available in account 035-(303-0330-5021, as
shown on page 10 of the draft Agreement, which is attached to this report. A total of
$105,000 in CDB(3 funds is being provided to the Chamber for the period from July 1,
2002, to June 30, 2003.
The Honorable Mayor and Members of Council
August 5, 2002
Page 2
Recommended Action:
Authorize the City Manager to execute the 2002-03 CDBG Agreement with the Chamber,
similar in form and content to the draft attached to this report, and approved as to form by
the City Attorney.
Respectfully submitted,
:-"
Darlene L. BuCch'am
City Manager
Attachments
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM02-00170
Attachment 1
AGREEMENT
This Agreement is made and entered into this first day of July, 2002, by and between the following
parties:
The Grantee
City of Roanoke, Virginia
215 Church Avenue, S.W.
Roanoke, Virginia 24011
The Subgrantee
Roanoke Regional Chamber of Commerce, Inc.
212 Jefferson Street, S.E.
Roanoke, Virginia 24011
WITNESSETH:
WHEREAS, by Resolution No. 35915-061702 the Roanoke City Council approved the 2001/2002
Community Development Block Grant (CDBG) program and by Ordinance No. 35914-061702
appropriated funds therefor; and
WHEREAS, by Resolution No. __-080502 the Roanoke City Council approved the execution of
this subgrant agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
The Subgrantee shall undertake an economic development program whose ultimate aim is the
creation of new employment opportunities in the City of Roanoke, as further described below.
As part of this program, the Subgrantee shall provide one full-time and part-time support staff
sufficient to ensure satisfactory performance of all activities including, but not limited to:
outreach and marketing of the program, counseling of clientele, facilitating financial assistance,
and other related business services.
During the period of performance, defined in section 2 below, the Subgrantee shall attain the
following performance objectives:
ao
Outreach and market program services to at least 250 prospects to promote the creation of
new businesses or business expansions within targeted areas of the City of Roanoke.
Targeted areas in order of priority include:
Priority 1: Census Tracts with poverty rates of 20% or more (see Attachment 2 to this
Agreement);
Priority 2: Census Tracts with poverty rates less than 20%, but at least 51% low- and
moderate income populations (see Attachment 3 to this Agreement);
Page 1 of 22 Pages
Priority 3: Other areas of the City.
Provide counseling and related services resulting in the preparation of business plans,
obtaining of financing or other substantive developments for a minimum of 100 prospects
considering creating new businesses or business expansions within targeted areas of the
City. To count toward this performance objective, the prospect must have been provided
such substantive developments during the current CDBG contract period.
Development of at least 20 new jobs by businesses provided services under performance
objective "b" above during the current or prior CDBG contract period. To count toward
this performance objective, a job must be in one of the categories below. In addition, a job
previously existing within the City or another community which is relocated to or within
the City shall not be counted toward this performance objective.
Category 1:
The business has newly located or expanded in, and will primarily provide
services to residents of, a City Census Tract having a poverty rate of at least
20% (30% if any portion of the of the Central Business District is included
in the Census Tract).
Category 2:
At least 51% of the jobs by the business will be made available to or will be
held by persons of low- or moderate-income. (Jobs in this category may be
located within any area of the City.)
Category 3:
The business is a newly-created "low-mod-owned microenterprise"; that is,
a business with no more than five employees including the owner or
owners, where the owner's or owners' family income does not exceed the
low- and moderate-income limit. (Jobs in this category may be located
within any area of the City.)
Specific documentation which must be obtained and retained by the program in order to
receive credit for the creation of a given job is described in section 11 below.
2. PERIOD OF PERFORMANCE:
Unless amended, this Agreement shall be for the period beginning July 1, 2002, and ending
June 30, 2003.
3. BUDGET:
The total amount of CDBG funds used for this project shall not exceed $105,000. Specific line
item amounts are provided below. With prior approval from the Department of Management
and Budget, budgeted funds may be shifted among approved line items for expenses which are
consistent with the Scope of Services and which do not exceed the funding limitations within
the Administrative category.
The cost charged by the Subgrantee to lease the computers should be competitive. That is, the
Subgrantee shall maintain documentation reflecting that the lease would not be an excessive
cost compared to the cost to lease from other sources.
Page 2 of 22 Pages
Category Admin Cost Project Cost Total Cost
Salaries 5,760 61,920 67,680
Benefits 1,440 15,480 16,920
Mileage 1,500 1,500
Training 1,000 1,000
Leased Equipment 2,500 2,500
Telephone 2,900 2,900
General Office Supplies 3,000 3,000
Bookkeeping 3,300 3,300
Computer Software 1,200 1,200
Copying/Printing 3,000 3,000
Subscriptions/Dues
Postage
Marketing
Scholarships 2,000 2,000
TOTAL 10,500 94,500 105,000
4. PROPOSED PAYMENT SCHEDULE AND PROCEDURES:
This is a cost reimbursement contract. Requests for payment, including time sheets for each
full- and part-time staff to be compensated, will be submitted to the Grantee's Department of
Management and Budget for review and approval. Funds will be disbursed monthly, as
needed. Approval of each reimbursement request will be subject to CDBG eligibility and
timely receipt of monthly reports detailed in Paragraph 11. All requests for disbursements with
respect to costs incurred during the period of performance, set forth in part 2, must be received
by the Grantee within 30 calendar days of the ending date of the Agreement. The Grantee shall
not be bound to honor requests received after this 30-day period.
5. NONDISCRIMINATION:
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), Section 504 of the Rehabilitation Act of 1973,
Page 3 of 22 Pages
o
as amended, and the Americans with Disabilities Act. No person in the United States shall on
the ground of race, color, sex, disability, religion, or national origin be excluded fi.om
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.
INDEMNIFICATION:
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 flee 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 fi.om any act or omission of
Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City 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 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 Subgrantee on account of an alleged act of omission by the Subgrantee, in whole or
in part, 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, as a result of an
alleged act or omission by the Subgrantee, in whole or in part, either independently or jointly
with Subgrantee then 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.
7. COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by U.S. Department of Housing and Urban Development
(HUD) conditions for CDBG programs and all other applicable federal regulations relating to
specific programs performed hereunder.
8. UNIFORM ADMINISTRATIVE REQUIREMENTS:
The Subgrantee shall comply with the requirements and standards of OMB Circular No.
A-110, "Uniform Administrative Requirements..."; and OMB Circular No. A-122, "Cost
Principles for Non-Profit Organizations.
9. ANNUAL AUDIT:
As an entity receiving less than $300,000 in federal funding fi.om the Grantee, the Subgrantee
shall not be required by the Grantee to undergo an almual independent audit of the CDBG
expenditures under this Agreement. Furthermore, no expenditures with respect to any such
audit undertaken by the Subgrantee's own initiative shall be chargeable to the funds under this
Agreement.
Page 4 of 22 Pages
10. PROGRAM INCOME:
"Program income" means gross income received by the Grantee or Subgrantee directly
generated from the use of CDBG funds. Program income from any and all sources shall be
submitted to the Grantee within five (5) days of its receipt by the Subgrantee. No program
income is expected.
11. EMPLOYMENT DISCRIMINATION PROHIBITED:
Pursuant to {}23.1-20 of the Code of the City of Roanoke (1979), as amended, this Agreement
being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the
following:
a. During the performance of this Agreement, the Subgrantee agrees as follows:
(1)
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, religion, color, sex, national origin, age, disability, or any
other basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
(2)
The Subgrantee, in all solicitations or advertisements for employees placed by or on
behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity
employer.
(3)
Notices, advertisement and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of
this section.
The Subgrantee will include the provisions of the foregoing subparagraphs a.(1)(2),and (3)
in every subagreement, subcontract or purchase order of over ten thousand dollars
($10,000), so that the provisions will be binding upon each subgrantee, subcontractor or
vendor.
12. DRUG-FREE WORKPLACE TO BE MAINTAINED:
Pursuant to {}23.1-20.1 of the Code of the City of Roanoke (1979), as amended, this Agreement
being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the
following:
a. During the performance of this Agreement, the Subgrantee agrees to:
(1) Provide a drug-free workplace for the Subgrantee's employees;
(2) Post in conspicuous places, available to employees and applicants for employment, a
Page 5 of 22 Pages
statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in
the Subgrantee's workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(3) State in all solicitations or advertisements for employees placed by or on behalf of the
Subgrantee that the Subgrantee maintains a drug-free workplace; and
(4)
Include the provisions of the foregoing clauses in every subagreement, subcontract or
purchase order of over ten thousand dollars ($10,000), so that the provisions will be
binding upon each subgrantee, subcontractor or vendor.
bo
For the purposes of this section, "drug-free workplace" means a site for the performance of
work done in connection with a specific Agreement, subagreement or contract awarded to
the Subgrantee in accordance with this chapter, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or
use of any controlled substance or marijuana during the performance of the Agreement,
subagreement or contract.
13. FAITH-BASED ORGANIZATIONS:
Pursuant to {}2.2-4343.1 of the Code of Virginia (1950), as amended, the City of Roanoke does
not discriminate against faith-based organizations.
14. RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records with respect to all matters covered
under this Agreement. All records pertaining to this Agreement and the services performed
pursuant to it, shall be retained for a period of four (4) years after the expiration date of this
Agreement or its amendments. Appropriate Grantee and/or HUD personnel shall have free
access to those records during the Agreement duration and the following four-year time period.
On a monthly basis, the Subgrantee shall submit to the Grantee's Department of Management
and Budget reports summarizing project activities and accomplishments using the CDBG
Monthly Report Formats located at Attachment 4 of this Agreement. These reports are to be
received by the Grantee as part of the Subgrantee's with disbursement requests or by the 15th
of the following month, whichever is earlier. In a timely manner upon completion of required
documentation, the Subgrantee shall also submit Business Creation and Job Creation Reports
Formats located at Attachment 5 of this Agreement. The Subgrantee agrees to submit any
other reports as requested by the Grantee, including racial, ethnic and other demographic
characteristics of individuals assisted by the Subgrantee, should such be required by HUD.
The following represents the documentation which the Subgrantee must obtain and retain in
order to receive credit for facilitating the creation of jobs. (See also the CDBG Flowchart
located at Attachment 6 of this Agreement.)
a. 20% Poverty Area - Location and Services
Page 6 of 22 Pages
To receive credit for jobs as a result of a business newly locating or expanding in and
primarily providing services to residents of a City Census Tract having a poverty rate of at
least 20%, documentation shall include:
(1) Verification that the address at which the business is locating or expanding is within a
City Census Tract having a poverty rate of at least 20% (30% if any portion of the of
the Central Business District is included in the Census Tract); and
(2) Verification that the services to be provided by the business primarily to the residents
of the Census Tract.
b. Creation/Retention of 51% Low/Mod Jobs
(1) To receive credit that at least 51% of the jobs created will be available to low- and
moderate-income persons, documentation for each assisted business shall include:
(a) A copy of a written agreement containing
A commitment by the business that it will make at least 51% of the jobs
available to low- and moderate- income persons and will provide training for
any of those jobs requiring special skills or educations,
ii.
A listing by job title of the permanent jobs to be created indicating which jobs
will be available to low- and moderate- income persons, which jobs require
special skills or education, and which jobs are part-time, if any, and
ooo
In.
A description of actions to be taken by the Subgrantee and business to ensure
that low-and moderate- income persons receive first consideration for those
jobs; and
(b)
A listing by job title of the permanent jobs filled, which jobs of those were
available to low- and moderate-income persons, and a description of how first
consideration was given to such persons for those jobs. The description shall
include what hiring process was used; which low- and moderate- income persons
were interviewed for a particular job; and which low- and moderate- income
persons were hired.
(2) To receive credit that at least 51% of the jobs will be held by low- and moderate-
income persons, documentation for each assisted business shall include:
(a) A copy of a written agreement containing:
i. A commitment by the business that at least 51% of the jobs, on a full-time
equivalent basis, will be held by low- and moderate- income persons; and
ii. A listing by job title of the permanent jobs to be created, identifying which are
Page 7 of 22 Pages
part-time, if any;
(b) A listing byj ob titles of the permanent jobs filled and which jobs were initially held
by low- and moderate- income persons; and
(c) For each such low- and moderate- income person hired; the size and annual income
of the person's family prior to the person being hired for the job.
(3) To receive credit that the program benefitted low- and moderate- income persons based
on the retention of jobs, documentation for each assisted business shall include:
(a) Evidence that in the absence of CDBG assistance jobs would be lost;
(b)
For each business assisted, a listing by job title of permanent jobs retained,
indicating which of those jobs are part-time and (where it is known) which are held
by low- and moderate- income persons at the time the CDBG assistance is
provided. Where applicable, identification of any of the retained jobs (other than
those known to be held by low- and moderate- income persons) which are projected
to become available to low- and moderate- income persons through job turnover
within two years of the time CDBG assistance is provided. Information upon
which the job turnover projections were based shall also be included in the record;
(c) For each retained job claimed to be held by a low- and moderate- income persons,
information on the size and annual income of the person's family;
(d)
For jobs claimed to be available to low- and moderate- income persons based on
turnover, a description covering the items required for "available to" jobs paragraph
of this section; and
(e)
Where jobs were claimed to be available to low- and moderate- income persons
through turnover, a listing of each job which has turned over to date, indicating
which of those jobs were either taken by, or available to, low- and moderate-
income persons. For jobs made available, a description of how first consideration
was given to such persons for those jobs shall also be included in the record.
c. Low-Mod-Owned Microenterprise
To receive credit for jobs as a result of a newly-created low-mod-owned microenterprise,
documentation shall include:
(1) Verification of no more than 5 employees in the enterprise, including the owner(s); and
(2) Verification that, at the time that the CDBG assistance is being provided, the family
income of the owner or owners does exceed the low-mod limit.
15. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a
Page 8 of 22 Pages
position to participate in a decision-making process or gain inside information with regard to
any CDBG activity, may obtain a personal or financial 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.
16. SUSPENSION AND TERMINATION:
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. The Agreement may be terminated for convenience
in accordance with 24 CFR 85.44, which provides latitudes for the Subgrantee to initiate such
actions.
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.
17. REVERSION OF ASSETS:
Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the
City any CDBG funds or program income on hand at the time of expiration, or received after
such expiration, and any accounts receivable attributable to the use of CDBG funds.
18. THIRD-PARTY CONTRACTS:
The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee.
Further, 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, the Subgrantee
shall remain fully obligated under the provisions of this Agreement. Any third party shall
comply with all applicable requirements of this Agreement.
19. ANTI-LOBBYING:
To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been
paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an office or employee
of Congress, or an employee of a Member of congress in connections with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other
than Federal funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this
agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to
Page 9 of 22 Pages
Report Lobbying, "in accordance with its instructions.
20. 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.
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
City Manager/Assistant City Manager
ATTEST:
FOR THE SUBGRANTEE:
By By
Robert Lawson, Chairman the Board
Roanoke Regional Chamber of Commerce
Beth Doughty, President
Roanoke Regional Chamber of Commerce
APPROVED AS TO CDBG ELIGIBILITY
APPROVED AS TO FORM
Dept. Management and Budget
Assistant City Attorney
APPROVED AS TO EXECUTION
APPROPRIATION AND FUNDS REQUIRED
FOR THIS CONTRACT CERTIFIED
Page 10 of 22 Pages
Assistant City Attomey
Date
Director of Finance
Acct. No. 035-G03-0330-5021
$105,000
Page 11 of 22 Pages
Attachment 1 --
Attachment 2 --
Attachment 3 --
Attachment 4 --
Attachment 5 --
Attachment 6 --
Other Federal Requirements
City of Roanoke Census Tracts with 20% or
Higher Poverty Rates
City of Roanoke Census Tracts with 51% or
more Low/Mod Income Populations
CDBG Monthly Report Formats
Business and Job Creation Reports Formats
CDBG Flowchart
Page 12 of 22 Pages
Attachment 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
(Agreements $10,000 or Over)
"Section 3" Compliance -- Provision of Training~ Employment and Business
Opportunities:
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 concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
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 rules 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 Subgrantee 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 Subgrantee 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 contractor is in violation of regulations issued by the Secretary
of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not
subcontract with any contractor 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 contractor has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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
Page 13 of 22 Pages
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 Subgrantees and contractors, 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 OpportuniW: Contracts subiect to Executive Order 11246, as
amended: Such contracts shall be subject to HUD Equal Employment Opportunity
regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and
subcontract for construction work, or modification thereof as defined 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 Subgrantee
agrees as follows:
Ao
The Subgrantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex or national origin. The Subgrantee
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 Subgrantee 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.
Bo
The Subgrantee will, in all solicitations or advertisements for employees placed by or
on behalf of the Subgrantee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex or national
origin.
The Subgrantee 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' representatives of the Subgrantee's commitment under this section and shall
post copies of the notice in conspicuous places available to employees and applicants
for employment.
Do
The Subgrantee 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.
E°
The Subgrantee will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations and orders of the
Page 14 of 22 Pages
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 rules, regulations and orders.
Fo
In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations or orders, this contract may be
canceled, terminated or suspended in whole or in part, and the Subgrantee 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 rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
Go
The Subgrantee 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 contractor or vendor. The
Subgrantee 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 Subgrantee
becomes involved in or is threatened with litigation with a contractor or vendor as a
result of such direction by the Department, the Subgrantee may request the United
States to enter into such litigation to protect the interest of the United States."
The Subgrantee 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 Subgrantee so participating is a State or local
govemment, 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 Subgrantee agrees that it will assist and cooperate actively with the
Department and the Secretary of Labor in obtaining the compliance of Subgrantees and
contractors 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 its primary
responsibility for securing compliance.
The Subgrantee 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 Subgrantee
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 Subgrantees and contractors by the Department or the Secretary of Labor pursuant to
Part II, Subpart D, of the Executive Order. In addition, the Subgrantee 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 Subgrantee under the Program
with respect to which the failure or refusal occurred until satisfactory assurance of future
Page 15 of 22 Pages
o
o
compliance has been received from such Subgrantee; and refer the cause to the Department
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 Subgrantee 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 Subgrantee and the United States are beneficiaries of and entitled to enforce such
covenant. The Subgrantee, 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.
Section 504 and Americans with Disabilities Act:
The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance
with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with
Disabilities Act, which prohibit discrimination against the disabled in any federal assisted
program.
Obligations of Subgrantee with Respect to Certain Third-party Relationships: The
Subgrantee 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 Subgrantee. Any Subgrantee 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 Subgrantee 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
Agreement or to any benefit to arise from the same.
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 ! 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.
"Section 109": This Agreement is subject to the requirements of Section 109 of the
Page 16 of 22 Pages
o
10.
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
fi.om 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 thc premises for thc purpose of
conducting on-site compliance reviews and inspecting and copying such books, records,
accounts, and other material as may be relevant tot he matter under investigation and
pertinent to compliance with the Order, and the rules and regulations promulgated pursuant
thereto by thc Subgrantce. Information obtained in this manner shall be used only in
connection with the administration of the Order, the administration of the Civil Rights At of
1964 (as amended) and in furtherance of the purpose of the Order and that Act.
Legal Remedies for Contract Violation: If the Subgrantee 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)
2)
3)
4)
Temporarily withhold cash payments pending correction of the deficiency by the
Subgrantee,
Disallow all or part of the cost of the activity or action not in compliance,
Wholly or partly suspend or terminate the current Agreement, or
Take other remedies that may be legally available.
Page 17 of 22 Pages
Attachment 2
(City of Roanoke Census Tracts with 20% or Higher Poverty Rates)
Page 18 of 22 Pages
Attachment 3
(City of Roanoke Census Tracts
with 51% or more Low/Mod Income Populations)
Page 19 of 22 Pages
Attachment 4.a.
(CDBG Monthly Report Formats)
Page 20 of 22 Pages
Attachment 4.b.
(CDBG Monthly Report Formats)
Page 21 of 22 Pages
Attachment 5.a.
(Business and Job Creation Reports Formats)
Page 22 of 22 Pages
Attachment 5.b.
(Business and Job Creation Reports Formats)
Page 23 of 23 Pages
Attachment 6
(CDBG Flowchart)
Page 24 of 23 Pages
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-67-379
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 36014-080502 accepting the donation of funds to
be used for construction of the Mill Mountain Greenway; a donation of the delivery and
placement of 564 linear feet of traffic barrier on the Williamson Road podion of the project;
a donation of materials for, and construction and installation of, a trellis, and a concrete
pad beneath the trellis, in Piedmont Park; and a donation of equipment and labor for
grading and preparation of the Piedmont Park parking area and the Hamilton Terrace
switchback ramp.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Elizabeth H. Belcher, Greenway Coordinator, P. O. 29800, Roanoke, Virginia 24018
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robed H. Bird, Acting Purchasing Manager
H:XAgenda.02~August 5, 2002 correspondcncc.wpd
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va.us
August 8, 2002
File #60-67-379
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
W. Heywood Fralin, Trustee
Horace G. Fralin Charitable Trust
P. O. Box 20069
Roanoke, Virginia 24018
Ralph D. Shivers, President
Branch Highways, Inc.
442 Rutherford Avenue, N. E.
Roanoke, Virginia 24016
Douglass C. Childress,
Senior Vice-President
J. M. Turner & Co., Inc.
P. O. Box 2140
Roanoke, Virginia 24009
Michael A. Loveman,
Project Manager
Lanford Brothers Co.
P. O. Box 7330
Roanoke, Virginia 24019
Gentlemen:
I am enclosing copy of Resolution No. 36014-080502 expressing the appreciation of the
City of Roanoke for your generous donations in connection with greenway development
as more fully described in the attached resolution.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:~Agenda.02XAugust 5.20~9 correspondence.wpd
IIN THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA,
The 5th day of August, 2002.
No. 36014-080502.
A RESOLUTION accepting a donation of funds to be used for the construction of
the Mill Mountain Greenway; a donation of the delivery and placement of 564 linear feet
of traffic barrier on the Williamson Road portion of the project; a donation of the
materials for, and the construction and installation of, a trellis, and a concrete pad beneath
the trellis, in Piedmont Park; and a donation of equipment and labor for the grading and
preparation of the Piedmont Park parking area and the Hamilton Terrace switchback
ramp; and expressing appreciation for each donation.
WHEREAS, the Horace G. Fralin Charitable Trust has pledged a donation of
$20,000.00, to the City for the construction of the Mill Mountain Greenway, such
donation to be received by the City after January 1, 2003;
WHEREAS, Branch Highways, Inc., has agreed to donate, deliver and place 564
linear feet of traffic barrier on the Williamson Road portion of the Mill Mountain
Greenway;
WHEREAS, J. M. Turner & Company, Inc., has agreed to donate materials for,
and the construction and installation of, a trellis, and a concrete pad beneath the trellis, in
Piedmont Park; and
WHEREAS, Lanford Brothers Company has agreed to donate equipment and
labor for the grading and preparation of the Piedmont Park parking area and the Hamilton
Terrace switchback ramp.
H :hRESOLUTIONSXR-Donation-MillM t. Greenway080502-doc
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. This Council hereby accepts a donation of $20,000.00 to the City for the
Mill Mountain Greenway from the Horace G. Fralin Charitable Trust, such donation to be
received by the City after January 1, 2003, a donation of Branch Highways, Inc., to
deliver and place 564 linear feet of traffic barrier on the Williamson Road portion of the
Mill Mountain Greenway, a donation of J. M. Turner & Company, Inc., of the materials
for, and the construction and installation of, a trellis, and a concrete pad beneath the
trellis, in Piedmont Park, and a donation of equipment and labor for the grading and
preparation of the Piedmont Park parking area and the Hamilton Terrace switchback
ramp from Lanford Brothers Company.
2. This Council wishes to express its appreciation and that of the citizens of
the City of Roanoke to the Horace G. Fralin Charitable Trust, Branch Highways, Inc.,
J. M. Turner & Company, Inc., and Lanford Brothers Company for their generous
donations to the City for the Mill Mountain Greenway.
3. The City Clerk is directed to transmit a copy of this resolution to Mr. W.
Heywood Fralin for the Horace G. Fralin Charitable Trust, Mr. Ralph D. Shivers, for
Branch Highways, Inc., Mr. Douglas Childress, for J. M. Turner & Company, Inc., and
Mr. Mike Loveman, for Lanford Brothers Company, expressing to each the City's
appreciation for their donation.
ATTEST:
City Clerk.
H:\RESO LUTIONS\R-Donation-MiIIM t.Greenway080502.doc
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk~ci.roanoke.va, us
August 8, 2002
File #60-67-379
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
William D. Gee, President
H. & S. Construction Co.
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 36013-080502 accepting the bid of H. & S.
Construction Co., for construction of a greenway connecting Elmwood Park and Piedmont
Park, by way of Williamson Road, Walnut Avenue Bridge, and Riverview Boulevard, in the
amount of $655,761.20, rejecting all other bids received by the City; and dispensing with
the second reading of this ordinance by title.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Mary F. Parker,
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Elizabeth H. Belcher, Greenway Coordinator, P. O. 29800, Roanoke, Virginia 24018
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
H:~,Agenda.02~August 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 5th day of ,august, 2002.
No. 36013-080502.
AN ORDINANCE accepting the bid of ri. & S. Construction Company for the construction
ofa greenway connecting Elmwood Park and Piedmont Park, by way of Williamson Road, Walnut
Avenue Bridge, and Riverview Boulevard, upon certain terms and conditions, and awarding a
contract therefore; authorizing the proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and dispensing with the second reading
of this ordinance by title.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of H. & S. Construction Company in the amount of $655,761.20 for the
construction of a greenway connecting Elmwood Park and Piedmont Park, by way of Williamson
Road, Walnut Avenue Bridge, and Riverview Boulevard, as is more particularly set forth in the City
Manager's letter dated August 5, 2002, to this Council, such bid being in full compliance with the
City's plans and specifications made therefore and as provided in the contract documents offered the
bidder, which bid is on file in the Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively,' the requisite contract with the successful bidder, based on its
proposal made therefore and the City's specifications made therefore, the contract to be in such form
as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or
simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above work are hereby REJECTED, and
the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for
such bid.
4.
ordinance by title is hereby dispensed with.
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ATTEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-67-379
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36012-080502 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of funds,
in connection with acceptance of the bid of H. & S. Construction Co., for construction of a
greenway connecting Elmwood Park and Piedmont Park, by way of Williamson Road,
Walnut Avenue Bridge, and Riverview Boulevard; and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Philip C. Schirmer, City Engineer
Jeffrey H. Powell, Director, General Services
Robert H. Bird, Acting Purchasing Manager
Barry L. Key, Director, Office of Management and Budget
H:kAgenda.02~August 5, 2002 correspondence.wpd
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36012-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Recreation $
Mill Mountain Greenway (1-4) .................................................................
Roanoke River Greenway Phase 2 (5) ...................................................
27,378,541
850,498
9,502
Capital Improvement Reserve $ 15,596,139
Public Improvement Bonds - Series 1999 (6) ........................................ 2,284,917
Revenues
Intergovernmental $
Mill Mountain Greenway ISTEA (7) .........................................................
3,040,556
390,000
Outside Third Parties $
Mill Mountain Greenway Fralin Trust Donation (8) ..................................
768,600
20,OOO
1) Appropriated from
Series 1999
Bond Issue (008-052-9721-9001) $ 90,000
2) Appropriated from
General Revenue (008-052-9721-9003) 190,498
3) Appropriated from
Third Party (008-052-9721-9004) 20,000
4) Appropriated from
State Grant Funds (008-052-9721-9007) 390,000
5) Appropriated from
General Revenue (008-530-9756-9003) (190,498)
6) Parks (008-052-9709-9180) (90,000)
7) Mill Mountain
Greenway ISTEA (008-052-9721-1371 ) 390,000
8) Mill Mountain
Greenway Fralin
Trust Donation (008-052-9721-1372) 20,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Contract Award
Mill Mountain Greenway
Bid No. 02-04-19
Greenways were first proposed for the City of Roanoke by landscape architect John Nolan in
the 1907 and 1928 comprehensive plans he developed for the City. Nolan realized that the
beneficial aspects of greenways extended far beyond their recreational value. Since that
time, the Roanoke Valley community has undertaken an extensive and ambitious greenways
development plan.
The Mill Mountain/Prospect Greenway was included in the Roanoke Valley Conceptual
Greenway Plan, and selected as the region's pilot greenway project in 1995 by the Roanoke
Valley Greenways Committee, which is comprised of representatives of all four Roanoke
Valley governments. As originally envisioned, the greenway was to connect three of the
valley's most visited destinations, linking the Market area with attractions on Mill Mountain,
continuing on to the Blue Ridge Parkway. Due to budget constraints and other factors, the
scope of the project has been divided into phases. The present phase, named the Mill
Mountain Greenway, will allow walkers, runners, and bicyclists to travel from the Market area,
through Elmwood Park, across Elm Avenue and down Williamson Road, across the Walnut
Avenue Bridge, to Piedmont Park, overlooking the Roanoke River. Construction will include
new sidewalks, ramps, and retaining walls in Elmwood Park; medians on Williamson Road; a
ramp leading from Hamilton Terrace to Piedmont Street; and a parking area at Piedmont
Park, with associated amenities and associated work.
After proper advertisement, five bids were received on Wednesday, June 5, 2002, with
H. & S. Construction Company, 2011 Salem Avenue, S.W., Roanoke, Virginia 24016,
submitting the Iow bid in the amount of $655,761.20 (which includes $615,648.12 for the
Base Bid and $40,113.08 for the Bid Alternate Items). See attached Bid Tabulation. The
construction time was specified as 180 consecutive calendar days.
Funding in the amount of $715,761 is needed for the project. The additional funds that
exceed the contract amount will be used for miscellaneous project expenses including
Honorable Mayorand Membem of Council
August 5,2002
Page 2
advertising, prints, test services, minor variations in bid quantities and unforeseen project
expenses. Funding is available from the following sources:
$ 90,000
25,263
20,000
390,000
190,498
$715.761
Public Improvement Bonds Series 1999 - Parks, account number 008-052-9709-9180
Mill Mountain Greenway, account number 008-052-9721
In-kind Cash Donation (Horace G. Fralin Charitable Trust)
ISTEA Grant
Roanoke River Greenway Phase II, account number 008-530-9756
The following organizations have contributed significantly to this project:
The Horace G. Fralin Charitable Trust contributed $20,000. Lanford Brothers Company,
Incorporated, donated labor and equipment usage for grading in Piedmont Park (valued at
$10,000). J.M. Turner & Company, Incorporated, donated labor, materials, and installation of
the trellis at Piedmont Park (valued at $10,000). Branch Highways, Incorporated, donated
concrete barriers for Williamson Road (valued at $10,000).
Recommended Action:
Accept the above bid and authorize the City Manager to execute a contract for the above
work with H. & S. Construction Company in the amount of $655,761.20 (which includes
$615,648.12 for the Base Bid and $40,113.08 for the Bid Alternate Items) with 180
consecutive calendar days to construct the Mill Mountain Greenway, and reject all other bids.
Accept a gift of $20,000 from the Horace G. Fralin Charitable Trust. The offer of this gift was
made by letter dated January 24, 1996 (attached) and restated in a meeting between City
staff and Mr. Heywood Fralin on April 9, 2002. Proceeds from this gift are expected to be
received by the City after January 1,2003.
Accept the gifts as stated above from Lanford Brothers Company, Inc., J. M.
Turner & Company, Inc., and Branch Highways, Inc. These gifts are to be made available as
construction progresses into the specific areas. These donations are not reflected in the
$715,761 budget for this project, but serve to reduce its overall cost from $745,761.
Establish an account receivable to accept the $20,000 donation and the $390,000 grant and
appropriate these amounts together with transfers of $90,000 from Public Improvement
Bonds Series 1999 - Parks, account number 008-052-9709-9180, and $190,498 from
account number 008-530-9756, Roanoke River Greenway Phase II, to account number 008-
052-9721, Mill Mountain Greenway.
City Manager
DLB/KDK/na
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Robert H. Bird, Acting Purchasing Manager
#CM02-O0166
TABULATION OF BIDS
MILL MOUNTAIN GREENWAY
PROJECT NO. 6451
BID NO. 02-04-19
Bids were opened by Robert H. Bird, Acting Manager, Purchasing Division, on Wednesday,
June 5, 2002, at 2:00 p.m.
BIDDER BASE BID ALTERNATE TOTAL
H. & S. Construction Company $615,648.12 $40,113.08 $655,761.20
Breakell, Inc. $699,155.00 $44,810.00 $743,965.00
Allegheny Construction Company, Inc. $700,516.60 $43,605.65 $744,122.25
Acorn Construction, Ltd. $739,758.71 $30,813.35 $770,572.06
Branch Highways, Inc. $794,646.65 $52,487.45 $847,134.10
Office of the City Engineer
Roanoke, Virginia
July 15, 2002
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Roanoke, Virginia 24011
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April 10, 2002
Mr. Ralph D. Shivers
Branch Highways, Inc.
P.O. Box 40004
Roanoke, Virginia 24022
RE: Mill Mountain Greenway
Dear Mr. Shivers:
Thank you for taking the time to meet with me today. I wanted to express my appreciation
to you and Branch Highways for your donation and willingness to work with the City on this
project. Though it has been an exceptionally long time in the planning phase, I do believe
this greenway will be a great benefit to City residents and visitors.
To recap our discussion, Branch has agreed to donate, deliver and place 564 linear feet of
traffic barrier on the Williamson Road portion of the project. This will not include anchoring,
reflectors, or attenuators. The work is to be done at a time of year acceptable to Branch's
schedule, and will be coordinated by the City's contractor.
Again, on behalf of the City of Roanoke, let me express appreciation for this generous
donation. If you should have any questions, please feel free to call me at 853-1101.
Sincerely,
KDK/bls
Karl D. Kleinhenz, ASLA
Project Manager
c: Project File
April 10, 2002
Mr. W. Heywood Fralin
Horace G. Fralin Charitable Trust
P.O. Box 20069
Roanoke, Virginia 24018
RE: Mill Mountain Greenway
Dear Mr. Fralin:
Thank you for taking the time to meet with me yesterday. I wanted to express my
appreciation to you and your willingness to work with the City on this project. Though it has
been exceptionally long in the planning phase, I do believe the greenway will be a great
benefit to City residents and visitors.
To recap our discussion, you have agreed to donate $20,000 in cash toward the greenway
project. The funds will be provided to the City at the beginning of the 2003 calendar year.
Also, as we discussed, I have sent a memorandum to Darlene Burcham, City Manager,
outlining your concerns and relaying your request for her to contact you.
Again, on behalf of the City of Roanoke, let me express appreciation for this generous
donation. If you should have any questions, please feel free to call me at 853-1101.
Sincerely,
KDK/bls
Kad D. Kleinhenz, ASLA
Project Manager
c: Project File
June 6,2002
Mr. Douglas Childress
J.M. Turner & Company, Inc.
P.O. Box 2140
Roanoke, Virginia 24009
RE: Mill Mountain Greenway
Dear Doug:
I am writing to inform you that construction bids were accepted and opened on June 5~.
H&S Construction Company was the apparent Iow bidder for the project and will be
awarded the contract. Notice to proceed will be given after City Council review and
approval in July. The construction phase is scheduled to last 6 months.
To recap our verbal understanding, J.M. Turner has agreed to donate materials,
construction, and installation for the trellis in Piedmont Park. The contractor will supply the
materials and installation for the concrete pad beneath the trellis. Construction stakeout, if
needed, will also be provided by the contractor.
Let me again express the City of Roanoke's appreciation for your kind donation to this
project. If you should have any questions, please feel free to call me at 853-1101.
Sincerely,
KDK:na
c: William Gee, H&S Construction
Project File
Kad D. Kleinhenz, ASLA
Project Manager
June 6,2002
Mr. Mike Loveman
Lanford Brothers Company
P.O. Box 7330
Roanoke, Virginia 24019
RE: Mill Mountain Greenway
Dear Mike:
I am writing to inform you that construction bids were accepted and opened on June 5th.
H&S Construction Company was the apparent Iow bidder for the project and will be
awarded the contract. Notice to proceed will be given after City Council review and
approval in July. The construction phase is scheduled to last 6 months.
To recap our verbal understanding, Lanford Brothers has agreed to donate equipment and
labor for the grading and preparation of the Piedmont Park parking area and the Hamilton
Terrace switchback ramp. This is to include grading and compaction of the base stone. All
materials, construction stakeout, and paving are to be provided by the contractor. The
contractor will also provide tree and shrub removal necessary for grading.
Mike, when we talked at the site last month, I told you that the switchback ramp would be
concrete. However, in reviewing the drawings, I found that asphalt was spec'd.
Personally, I would prefer concrete for aesthetic reasons, but to change it would be too
complicated. So it will remain asphalt as planned. The contractor will provide paving.
Let me again express the City of Roanoke's appreciation for your kind donation to this
project. If you should have any questions, please feel free to call me at 853-1101.
Sincerely,
KDK:na
c: William Gee, H&S Construction
Project File
Kad D. Kleinhenz, ASLA
Project Manager
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-100-256-379
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36015-080502 amending and reordaining cedain
sections of the 2002-03 Capital Projects Fund Appropriations, providing for appropriation
of $400,000.00 in capital fund interest earnings, in connection with the YMCA Aquatic
Center and the Roanoke River Greenway Projects; and dispensing with the second reading
by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc:
Darlene L. Burcham, City Manager
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02~August 5, 2002 correspondence.wpd
THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36015-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003
Capital Projects Fund Appropriations, and dispensing with the second reading by title of
this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Capital Projects Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Community Development $ 6,216,143
YMCA Aquatic Center (1) ......................................................................... 400,000
Parks, Recreation and Cultural $ 27,087,541
Roanoke River Greenway Phase II (2) ..................................................... 400,000
Fund Balance
Reserved Fund Balance - Unappropriated
Capital Fund Interest Earnings (3) ............................................................ $ 1,105,311
1) Appropriated from
General Revenue
2) Appropriated from
General Revenue
3) Reserved Fund
Balance - Capital
Fund Interest Earnings
(008-530-9757-9003)
(008-530-9756-9003)
(008-3325)
$ 200,000
200,000
(400,000)
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Appropriate Capital Fund
Interest Earnings for the
YMCA Aquatic Center and
Roanoke River Greenway
Projects
Background:
On June 18, 2001, City Council adopted the 2002-2006 Capital Improvement Program
(CIP). The approved CI P included funds for the YMCA Aquatic Center and Roanoke River
Greenway projects.
Beginning fiscal year 2002, the City committed to a $2.0 million investment, to be paid in
$200,000 increments over a 10-year period to the YMCA Aquatic Center. Funds cover
costs associated with the design and construction of a new central branch YMCA complex.
City residents will receive a discounted membership rate, which will allow them to visit any
YMCA facility including the facility planned in the City of Salem.
Beginning in fiscal year 2002, the City also committed to contributing $200,000 per year for
10 years for a total of $2.0 million to the Roanoke River Greenways project. Funds for the
Roanoke River Greenway project cover costs associated with the construction of a
greenway, which will run along the Roanoke River. Greenways have become a necessary
commodity for communities across the United States since they are viewed as an essential
amenity that encourages economic development. They connect people to vadous aspects
of a community such as the parks, shops, schools and neighborhoods. Numerous
greenways have been proposed, with a majority of them connecting to the proposed
Roanoke River Greenway.
Honorable Mayor and Members of Council
August 5, 2002
Page 2
Consideration:
City Council approved an update to the CIP for fiscal years 2003-2007 on May 13, 2002,
and an appropriation of $200,000 for each project in capital fund interest is required in
order to meet our obligation for FY 2003.
Recommendation:
Appropriate $400,000 in capital fund interest earnings into the following Capital Projects:
[] YMCA Aquatic Center $ 200,000
[] Roanoke River Greenway 200,000
TOTAL $ 400,000
Respectfully submitted,
City Manager
DLB:vst
C:
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Mary F. Parker, City Clerk
Barry L. Key, Director of Management and Budget
CM02-00165
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #60-326
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 36016-080502 amending and reordaining certain
sections of the 2002-03 Grant Fund Appropriations, providing for appropriation of
$80,346.00 in connection with Regional Disability Services Board grant funding; and
dispensing with the second reading by title of this ordinance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attach ment
pc:
Darlene L. Burcham, City Manager
Rolanda A. Johnson, Assistant City Manager for Community Development
Glenn D. Radcliffe, Director, Human Services
Robert L. Henderson, Jr., Acting Human Services Coordinator
Barry L. Key, Director, Office of Management and Budget
H:~Agenda.02XAugust 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36016-080502.
AN ORDINANCE to amend and reordain certain sections of the 2002-2003 Grant
Fund Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that certain sections of
the 2002-2003 Grant Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations:
Health and Welfare
Fifth District Disability-Adult Care FY03 (1) ................................................
Fifth District Disability-Family Services FY03 (2) .......................................
Fifth District Disability-Heartland Rehab FY03 (3) .....................................
Fifth District Disabilitt-Family Services FY04 (4) .......................................
Fifth District Disability-Heartland Rehab FY04 (5) .....................................
Fifth District Disability-Heartland Rehab FY05 (6) .....................................
$ 3,414,956
5,000
32,663
5,010
32,663
3,340
1,670
Revenues:
Health and Welfare
Fifth District Disability FY03 (7-9) ..............................................................
Fifth District Disability FY04 (10-11 ) ..........................................................
Fifth District Disability FY05 (12) ................................................................
$ 3,414,956
42,673
36,003
1,670
1) Fees for
2) Fees for
3) Fees for
4) Fees for
5) Fees for
6)
7)
8)
Professional Services
Professional Services
Professional Services
Professional Services
Professional Services
Fees for Professional Services
State Grant Receipts-
Adult Care Center FY03
State Grant Receipts-
Family Services FY03
(035-630-5270-2010) $ 5,000
(035-630-5271-201 O) 32,663
(035-630-5272-2010) 5,010
(035-630-5273-2010) 32,663
(035-630-5274-2010) 3,340
(035-630-5275-2010) 1,670
(035-630-5270-5270)
(035-630-5271-5271)
5,000
32,663
9) State Grant Receipts-
Heartland Rehab FY03
10) State Grant Receipts-
Family Services FY04
11) State Grant Receipts-
Heartland Rehab FY04
12) State Grant Receipts-
Heartland Rehab FY05
(035-630-5272-5272)
(035-630-5273-5273)
(035-630-5274-5274)
(035-630-5275-5275)
$ 5,010
32,663
3,340
1,670
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF THE C1TY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Appropriation of Regional Disability
Services Board Grant Funding
Background:
The Fifth District Disability Services Board (DSB) is responsible to local governments and
serves as a critical resource for needs assessment, information sharing and service
opportunities for citizens with disabilities, their families and the community. The following
jurisdictions in the Fifth Planning District have enacted resolutions establishing their
participation in a regional effort and have appointed a local official to serve as a
representative: the cities of Roanoke, Salem, Covington, Clifton Forge; counties of Roanoke,
Craig, Botetourt, and Allegheny and the Town of Vinton. Other members of the DSB include
representatives from business and consumers.
City Council authorized the Director of Finance to serve as fiscal agent for the Fifth Planning
District Disabilities Services Board on September 25, 1995, Resolution No. 32675-092595.
The State Department of Rehabilitative Services, through its Rehabilitative Services Incentive
Fund (RSIF) Program, has allocated funds in the amount of $80,346 over the next three
years to the Fifth District DSB for the following projects:
Honorable Mayor and Members of Council
August 5, 2002
Page 2
· Heartland Rehabilitative Services - Community-based creative movement dance
classes to special needs children in cooperation with the Roanoke Ballet.
· Family Service of the Roanoke Valley - Home-based personal care services for
individuals with physical and sensory disabilities.
· Adult Care Center of the Roanoke Valley- Day and weekend therapeutic and
recreational services to persons with disabilities.
Over the next three years, the $80,346 RSIF allocation and a $30,440 local agency match
has been apportioned as follows: $53,133 for the first year, $47,633 for the second year and
$10,020 for the third year for the Adult Care Center, Family Services of Roanoke Valley, and
Heartland Rehabilitation. No local government match is required.
Recommended Action(s):
City Council appropriate $80,346 to grant fund accounts to be established by the Director of
Finance and create a corresponding revenue estimate from the State Department of
Rehabilitative Services to provide funding for the Fifth District DSB.
Respectfully submitted,
City Manager
DLB:tem
Attachment
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
Glenn D. Radcliffe, Director, Human Services
Robert L. Henderson, Acting Human Services Coordinator
Rolanda A. Johnson, Assistant City Manager for Community Development
#CM02-00176
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
August 8, 2002
File #99-326-450
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant City Clerk
Elizabeth S. Doughty, Chair
Fifth Planning District Regional Alliance
P. O. Box 2569
Roanoke, Virginia 24010
Dear Ms. Doughty:
I am enclosing copy of Resolution No. 36017-080502 endorsing a Regional Economic
Strategy developed by the Fifth Planning District Regional Alliance.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, August 5, 2002.
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc:
Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
H:L&genda.02',August 5, 2002 correspondence.wpd
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of August, 2002.
No. 36017-080502.
A RESOLUTION endorsing a Regional Economic Strategy developed by the Fifth
Planning District Regional Alliance.
WHEREAS, in our current global economy the "region" is the foundation of economic
competitiveness and prosperity and therefore communities must work cooperatively to enhance a
region's wealth; and
WHEREAS, previous studies of Western Virginia have shown that our regional economy
is not in a "crisis" but is experiencing a gradual decline that will make the region less
economically competitive in the future; and
WHEREAS, the Fifth Planning District Regional Alliance has prepared a Regional
Economic Strategy to serve as a "road map" to guide communities in how best to take advantage
of existing strengths and opportunities and to identify new opportunities as the region continues
its transition into the "New Economy"; and
WHEREAS, all jurisdictions in the region have been invited to collaborate, recognizing
that many of the initiatives will require broad participation to share resources, assets, leadership,
and increase the scale, to maximize the impact on the region; and
WHEREAS, the implementation of the plan will be undertaken through a collaborative
effort between public and private organizations to address specific tactics presented in the
Strategy.
H:\Measures\Regional Economic Strategy.doc
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council hereby endorses the themes and tactics presented in the Fifth
Planning District Regional Alliance's Regional Economic Strategy as a means of enhancing the
region's economic competitiveness and future prosperity.
2. The City Clerk is directed to send a copy of this Resolution to the Fifth Planning
District Regional Alliance.
ATTEST:
City Clerk.
H:\Measures\Regional Economic Strategy.doc
2
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, S.W., Room 364
Roanoke, Virginia 24011-1591
Telephone: (540) 853-2333
Fax: (540) 853-1138
CityWeb: www.roanokegov.com
August5,2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice-Mayor
Honorable William D. Bestpitch, Council Member
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Endorsement of Regional
Economic Strategy
Background:
The development of a regional economic strategy was undertaken by the Fifth
Planning District Regional Alliance over a year ago. Eva Klein & Associates, Ltd.
and the Center for Regional Economic Competitiveness assisted the Alliance in
the planning process. Over 150 individuals/groups involved with local
government, economic development, business, education, tourism, and human
resources were interviewed as part of this effort. On July 11, 2002, the Board of
Directors of the Alliance adopted the strategy to serve as a roadmap for
improving the region's economic competitiveness.
Considerations:
The Strategy includes a number of strategies, goals and tactics developed within
a framework of six critical and interrelated strategic themes: · Visibility
· Connectivity
· Quality of Life Amenities
· Knowledge Work Force
· Innovation & Entrepreneurship
· Economic Transformation
A copy of a brochure summarizing the Strategy has been mailed by the Alliance
to each member of City Council. The Strategy can be viewed in its entirety at the
Alliance internet web site - http://www.rvarc.or.q/alliance.
To move the Strategy forward, the Alliance has requested that Council formally
endorse the Strategy by adopting the attached resolution.
Recommended Action:
City Council adopt the attached resolution endorsing the Fifth Planning District
Regional Alliance's Regional Economic Strategy.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB:blk
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
,CM02-00180
JESSE A. HALL
Director of Finance
email: jesse_hall~ci.roanoke.va.us
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W., Room 461
P.O. Box 1220
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-6142
ANN H. SHAWVER
Deputy Director
email: ann_shawver~ci.roanoke.va.us
August5,2002
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
The Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
A year of unique challenges for both local governments and our country as a whole, fiscal year
2002 has come to a close. The year has ended on a fairly positive note from a financial
standpoint, despite a sluggish economy and a volatile and declining stock market.
Less than one quarter into our fiscal year, America experienced the greatest tragedy of its time
during the events of September 11th and the anthrax incidents that followed shortly thereafter. In
Roanoke, we saw this immediately transform an already weakened economy into one that was
indeed in a decline. Local taxes, such as our sales tax, transient room tax, and prepared food and
beverage tax, are sensitive to economic trends, and all of these declined in performance as our
citizenry reacted to the events of the fall. Fortunately, as we ended the year on June 30th, many of
the local taxes which had declined had improved greatly compared to their performance mid-year.
A discussion of the performance of these taxes will follow in this financial report.
The economic challenges experienced by the City were worsened as a result of the State's
economic challenges. Heavily dependent on the performance of income tax, the State's fiscal
condition was strained by the decline in the stock market and failing businesses. The
Commonwealth also struggled to balance its budget given the requirements of continuing to fund
car tax relief at the level achieved in the prior year. The City experienced declines in certain state
revenues, such as 599 Law Enforcement, directly as a result of difficult budgetary conditions at
the state level.
Honorable Mayor and Members
of City Council
August 5, 2002
Page 2
Among Roanoke's strengths was a thriving real estate market that continued to produce growth of
more than five percent in the past year. Unemployment rates continued to remain Iow, and Iow
interest rates provided favorable conditions in early 2002 when the City issued its largest General
Obligation Bond issue in its history, the $56,245,000 Series 2002 issue. This bond issue will lead
Roanoke to growth and development in a variety of projects. These include funding of our new
stadium and amphitheater project, Civic Center improvements, construction of a new Roanoke
Academy for Math and Science, the Roanoke River flood remediation project, Crystal Spring
water filtration plant, neighborhood curb and gutter construction, Gainsboro parking garage, and
phase I of the South Jefferson redevelopment project.
The City of Roanoke has worked hard in the past year to implement a number of new or improved
programs aimed at increasing quality service to our citizens and improving neighborhoods. Talks
are presently underway to develop a regional strategy to provide for valley water needs. Work is
also underway to implement a storm water management plan as required by federal law.
Approval of the Fire/EMS Strategic Plan during the past fiscal year will result in the development
of three new stations to better serve our citizens and to foster regional cooperation in providing
services. Phase II construction of the Civic Center is planned for the near future, and revenue
enhancements were developed as part of the FY03 budget to address funding needs for this
project. The City is committed to providing broad based opportunities for its citizens while also
working to bring new businesses and growth to our community.
The unaudited financial statements are provided to you for planning purposes. While we are
confident the amounts provided herein are materially correct, minor changes may occur during the
course of our annual external audit.
A discussion of the City's General Fund and School Fund operations for fiscal year 2002 follows.
Honorable Mayor and Members
of City Council
August 5, 2002
Page 3
GENERAL FUND
Our revenue estimate from all sources was $191,951,104, while actual
$192,887,970. Total General Fund revenues collected increased 3.35%
estimate by .49%.
collections totaled
and exceeded the
The revenue sources with the largest variance from budget estimates are outlined in the following
schedule:
Source
Real Estate Taxes
Personal Property Tax
Sales Tax
Utility Taxes
Business and Professional
License Tax
Public Service Tax
Penalties and Interest
Law Enforcement HB599
Funding
Social Services Funding from
the Commonwealth
Jail Block Grant
All Other Revenue
Total General Fund Revenues
Amount Over
Budget Actual (Under) Revised % Over (Under)
Estimate Estimate
$48,307,500 $49,340,522 $1,033,022 2.1%
24,361,366 23,449,639 (911,727) (3.7%)
17,607,676 17,508,518 ( 99,158) (.6%)
11,975,100 13,097,405 1,122,305 9.4%
11,095,000 11,335,202 240,202 2.2%
3,585,000 3,930,825 345,825 9.6%
850,000 1,086,749 236,749 27.9%
4,455,741 4,068,066 (387,675) (8.7%)
20,454,646 19,087,509 (1,367,137) (6.7%)
1,411,556 2,008,301 596,745 42.3%
47,847,519 47,975,234 127,715 .3%
$191..951..104 ~ $ 936..866 .5%
Listed below is a five-year history of our General Fund revenue estimates compared to actual
revenues.
Fiscal Revenue Actual Percent of
Year Estimate Collections Estimate Collected
2002 $191,951,104 $192,887,970 100.49%
2001 183,974,493 186,641,942 101.45%
2000 177,178,184 181,337,826 102.35%
1999 170,012,900 172,462,548 101.44%
1998 162,083,043 162,793,039 100.44%
Honorable Mayor and Members
of City Council
August 5, 2002
Page 4
GENERAL FUND STATEMENT OF REVENUES
A summary of unaudited revenues by category and the variances between actual collections and
the budgetary estimates may be found on page 22. The following narrative discusses significant
revenue trends for the year.
General Property Taxes
This category includes taxes on real estate, personal property and public service corporations, as
well as penalties and interest. Estimated revenues for this category were $69,113,324 while
actual collections were $70,101,766, achieving 101.43% of the budget. Real estate taxes
increased by $2,487,322 since FY01, providing growth of 5.31%. Reassessments and a strong
housing market caused this growth. Penalties and interest increased $63,475 from FY01, well in
excess of the budgeted level. Total personal property taxes, including the state share, decreased
1% over the same period for the prior year and fell almost 4% below the budget estimate. The
portion of personal property tax funded by the Commonwealth of Virginia is recorded in the
Grants-in-Aid Commonwealth category. Public service corporation taxes, which were based on
assessments provided by the State Corporation Commission, declined $212,658 or 5.13% from
the prior year.
Other Local Taxes
This category includes sales tax, utility tax, cigarette tax, business, professional, and occupational
license tax, transient room tax, franchise tax, prepared food and beverage tax, and other
miscellaneous local taxes. This category of taxes serves as one of the best indicators of the
strength of the local economy. The total estimate for this category was $58,016,878, while actual
collections were $59,696,343. Collections exceeded the budget by 2.89%, providing growth of
1.76% since FY01.
Sales tax, a revenue which has underperformed FY01 almost all year, improved significantly by
the end of the year, with year-to-date revenues less than 1% below those of FY01. Utility tax grew
3.67% or $463,472 over FY01. Telephone utility tax was up compared to the prior year, and
cellular phone tax increased approximately $700,000 due to escalating cell phone usage and a
payment in excess of $400,000 collected as a result of a settle up for under reporting of a cellular
phone company. Mild weather contributed to a decline in gas utility tax, which partially offsets the
increases in other utility taxes. Cigarette and transient room tax rate increases generated
additional revenues. The increased cigarette tax revenue was dedicated to debt service for the
series 2002 bonds. The increased transient room tax revenues were used to fund an additional
contribution to the Roanoke Valley Convention and Visitors Bureau. Admissions tax increased
12.55% due to rising ticket sales at the Valley View Grande Theatre and higher remittances from
Honorable Mayor and Members
of City Council
August 5, 2002
Page 5
local night clubs. Business and professional occupational license tax declined since FY01 when
the City benefited from both the business license tax and the consumption tax on utility
companies. Bank stock taxes, which are based on net capital of banks within the boundaries of
the City, were down $538,726 or 34.64% from the prior year.
Permits, Fees and Licenses
This revenue category includes dog licenses, building related fees, various inspection fees and
street opening permits. Revenues for this category totaled $1,076,603 increasing $236,083 from
FY01, and exceeding the budget of $957,150 by 12.48%. The increase is due to higher than
budgeted revenues from building, electrical and heating inspection fees. Increases in rates
charged for building, electrical and plumbing inspections as well as the establishment of new
construction-related fees contributed to the performance of this category.
Fines and Forfeitures
This category consists of parking tickets and fines collected by various courts. Revenue in this
category was $1,103,113, an increase of $284,131 from the prior year. General District Court
fines are up 18% due to an increase in caseload. Revenues from parking tickets rose over 70%
as compared to the prior year. Civilianizing of the ticketing function combined with an increase in
parking fines has led to an increase in parking ticket revenues.
Revenue from Use of Money and Property
This revenue category consists of interest earnings and various property rentals. Revenue in this
category is $1,100,101, up 5.33% since the prior year. Billings to the State for use of the
Commonwealth Building increased approximately 14% from the prior year. The category
achieved 98.37% of budget.
Grants-In-Aid Commonwealth
This category is comprised of non-categorical aid (state share of personal property tax,
recordation tax, ABC, wine, rolling stock and rental car tax), shared expenses for Constitutional
Offices, Social Services funding (foster care, day care, welfare payments, employment services,
and the Comprehensive Services Act Programs), and other categorical aid (street maintenance,
City Jail Block Grant, Law Enforcement and Library Grant). Revenues in this category totaled
$53,264,662, exceeding the FY01 total by $1,804,769 or 3.51%. Reimbursement received under
the Comprehensive Services Act has increased over 16%, as have the corresponding
expenditures. In FY02, the number of Special Education referrals for private day placements
increased approximately 20%. Additionally, the number of children served in foster care rose 20%
from the previous year, causing foster care expenditures and corresponding reimbursements to
increase. Increases in street maintenance and jail block grant revenues are partially offset by a
decline in funds received under HB599 for law enforcement. Revenue from the state to operate
Honorable Mayor and Members
of City Council
August 5, 2002
Page 6
the E911 wireless system to accommodate cellular phone emergency calls is new this year, as is
the corresponding cost center in the Public Safety expenditure category.
Grants-in-Aid Federal Government
This category consists of funding from the Federal Emergency Management Association (FEMA).
Revenue in this category was $34,358 compared to $34,359 for FY01.
Charges for Services
This category includes court fees, refuse collection, weed cutting, emergency medical service,
police fees, fire safety fees, and central service charges. Collections totaled $3,780,853, which
reflects an increase of 8.53% from FY01. Central services charges, which are charges to other
funds for services provided by various General Fund departments based on the annual cost
allocation plan, rose from the prior year as did court related charges. These increases are
partially offset by a decline in police fees.
Miscellaneous Revenue
Revenues included in this category are payments in lieu of taxes from Roanoke Redevelopment
and Housing Authority, sales of surplus property, and other miscellaneous revenues. Revenue in
this category was $481,068, an increase of 62.94% from FY01. This growth is the result of the
transfer of $209,835 to the General Fund from the Transportation Fund and an increase in
miscellaneous revenue. The Transportation Fund provided funding to the General Fund in FY02
to partially fund the subsidy to the Greater Roanoke Transit Company (GRTC). In prior years, that
subsidy was paid through the Transportation Fund. Increases are partially offset by a decline in
the payment in lieu of taxes received from Roanoke Redevelopment and Housing Authority and a
decrease in proceeds from the sale of surplus property.
Internal Services
This category represents payments from Proprietary and Agency Funds for services provided by
the General Fund departments. Services provided include fire safety for the Roanoke Regional
Airport, billings and collections services for the Water and Sewage Treatment Funds, engineering
services and various other public works services. The category totaled $2,249,103, achieving
96.50% of the budget and exceeding last year's revenue by $23,863. Fire safety billings and
billings by the Office of Billings and Collections to the Water and Sewage Treatment Funds
increased. These increases are partially offset by a decline in street maintenance, building
maintenance, and custodial services billings.
Honorable Mayor and Members
of City Council
August 5, 2002
Page 7
Expenditures
Total expenditures and encumbrances for FY 2002 were $197,672,497, which were $3,265,813 or
1.63% less than City Council had authorized. The authorized expenditure budget includes
appropriations of CMERP funds during the year. General Fund expenditures and encumbrances
are up 4.68% compared to the prior fiscal year.
Judicial Administration expenditures increased $263,211 or 4.71%. Juvenile and Domestic
Relations Court Services costs were up due to an increase in the number of children detained by
the court and housed at the Roanoke Valley Detention Center. Circuit Court expenditures were
up due to renovation costs and furniture purchases.
Health and Welfare costs were up 7.26% or $1,817,419 due to an increase in expenditures under
the Comprehensive Services Act. In FY02, the number of Special Education referrals for private
day placements increased approximately 20%. Additionally, the number of children served in
foster care rose 20% from the previous year, causing foster care expenditures to increase.
Community Development expenditures rose 24.48% or $989,702 due to the establishment of
the Neighborhood Partnership department as part of the General Fund. This department was
included in the Grant Fund in prior years. Memberships and Affiliations expenditures increased
due to increased contributions to the Roanoke Valley Convention and Visitors Bureau.
Nondepartmental expenditures grew 28.31% or $3,012,842. Transfers of CMERP funding to the
Department of Technology and Fleet Funds were larger in FY02 than FY01. The current fiscal
year was the first year repayment of the equipment lease was required, and transfers were made
to the Department of Technology and Fleet Funds for this repayment. A transfer to subsidize
Victory Stadium operations was made to the Civic Center Fund in FY02. The transfer of the
GRTC subsidy, which was previously paid through the Transportation Fund, also contributed to
the increase in this category.
SCHOOL FUND
A recent history of School Fund revenue estimates compared to actual revenues follows. The
amounts shown for FY02 are unaudited and may change during the course of our external audit.
They are being reported to you for informational and planning purposes. School Board operations
are accounted for as a separate fund. The revenues included in this discussion do not include the
multi-year grant funds, but only those that comprise the annual adopted budget. School Fund
Honorable Mayor and Members
of City Council
August 5, 2002
Page 8
revenues totaled $98,775,784 slightly below the estimate of $100,038,855. Revenues grew by
$30,435 or .03% from the prior year.
Fiscal
Year
Revenue Actual
Estimate Collections
Percent of
Estimate Collected
2002 $100,038,855 $ 98,775,784 98.74%
2001 100,904,322 98,745,349 97.86%
2000* 97,975,376 97,824,394 99.85%
1999' 92,726,135 92,915,221 100.20%
1998' 87,792,494 88,104,376 100.36%
*Amounts in fiscal years 1998 through 2000 include School Food Service which is now accounted
for as a separate fund.
School Fund Statement of Revenues
Shown on page 23 is a summary of the major categories of revenues and the specific variances
between actual (unaudited) and estimated. Following are some brief comments on the variances
in major revenue categories.
State Sales Tax
State sales tax totaled $8,890,966, which was under its estimate of $9,492,986 by $602,020 or
6.34%. This revenue grew by only .35% over last year, reflective of the declining trends
experienced in state-wide retail sales.
Grants-In-Aid Commonwealth
This category includes Basic State Aid, Special Education, Lottery Distribution, Summer Schools,
Vocational Education, At-Risk Children, Fringe Benefit Reimbursement, Disparity Incentive and
several smaller revenue sources. Revenues in this category totaled $41,066,378, which is slightly
under the estimate of $41,656,787. Fringe benefit reimbursement decreased almost 25% from
the prior year and fell below budget by $312,269. During the later months of the fiscal year, group
life insurance premiums were not required, causing State reimbursement amounts to decrease.
Lottery Distribution and Foster Home Children revenues exceeded the budget amount. The other
major revenues in this category were generally close to the estimates.
Grants-In-Aid Federal Government
Total revenue collected in this category was $107,563, a decrease of 4.38% from FY01.
Reimbursement received for indirect costs, which are paid to the school for providing
Honorable Mayor and Members
of City Council
August 5, 2002
Page 9
administrative and operational services for various federal programs are included in this category
and have declined since FY01. An increase in funds to supplement the Air Force Junior ROTC
program partially offsets this decrease.
Charges for Services
Major sources of revenue in this category are tuition, reimbursement for transportation for special
trips, and rental of facilities. Revenues for the category totaled $2,093,054, and were 3.50%
under the prior year. Rental of facilities and interest revenue has declined from the prioryear. An
increase in tuition partially offsets these increases. Other revenue categories remained at
approximately the same level as the prior year.
Transfers from General Fund
Local funding from the General Fund totaled $46,617,823 and included the School share of local
taxes. Funding from the General Fund increased $533,059 since FY01 but fell short of the
budgeted $46,801,872 by $184,049 due to a decrease in the transfer to cover additional school
CSA costs.
Expenditures
Expenditures and encumbrances in the School Fund (excluding special purpose grants) totaled
$98,719,263, leaving an unobligated balance of $3,047,517. It is important to note that the
authorized expenditure budget includes appropriations from CMERP during the fiscal year.
School expenditures, not including special purpose grant expenditures, were closely monitored
during the year given the current economic conditions and the decline in reimbursements from the
State. Expenditures were down from the prior year by $1,223,080 or 1.22%.
CAPITAL MAINTENANCE AND EQUIPMENT REPLACEMENT PROGRAM (CMERP)
General Fund CMERP
Council adopted Ordinance number 26292 on December 6, 1982, establishing a reserve of
General Fund balance for CMERP, specifically for maintenance and replacement of capital
equipment. Computed per the requirements of Ordinance 26292, CMERP for fiscal year 2002 for
Schools is $723,530 and for the City is $3,229,149 for a total of $3,952,679 or 1.97% of General
Fund appropriations. The following allocation has been calculated based on the Revenue
Allocation Model used for the adopted budget (see pages 13 and 14 for details).
Honorable Mayor and Members
of City Council
August 5, 2002
Page 10
General Fund Designated FY 2002 CMERP
City Allocation
School Allocation
Total General Fund CMERP
$ 3,229,149
723,530
$ 3,952,679
School Fund CMERP
The School Board will receive a portion of the General Fund CMERP, as shown above, per the
requirements established in Ordinance No. 26292, and also retain the CMERP generated in the
School Fund. This is consistent with the method of allocating CMERP between the City and
School Funds in prior years. General Fund CMERP allocated to the Schools is $723,530. The
amount of CMERP designated in the School Fund totals $1,779,008 or 1.75% of School Fund
Appropriations. Therefore, the total CMERP available to the Schools in both the General Fund
and School Fund is $2,502,538.
School Fund Designated FY 2002 CMERP
School Share of General Fund CMERP
School Fund CMERP
Total School CMERP
$ 723,530
1,779,008
$ 2.502.538
Additional Allocation of CMERP - Chanqe in Accounting Policy
Unique to fiscal year 2002 is an additional CMERP allocation for both the City and Schools which
results from a change in accounting policy related to our revenue recognition.
Using modified accrual accounting, local governments may establish a period of availability to
define the period through which collections of revenues due at June 30th may be included in
revenues for the year ended June 30th. Until fiscal year 2002, Roanoke had been using
essentially no period of availability beyond June 30th for real estate, personal property and
business license taxes. Additionally, for certain taxes remitted to Roanoke by the state, we have
generally recorded revenues only to the extent of cash receipt at June 30th. Any taxes receivable
for billings through June 30th were generally not reflected as revenue until actually collected in the
subsequent fiscal year. The exceptions to this were sales tax for which we accrued the revenue
related to May retail sales received in July, utility taxes, and prepared food and beverage tax.
We have changed our period of availability in Roanoke to sixty days to more closely follow
accounting procedures permitted by the Government Accounting Standards Board (GASB),
recommended by the Government Finance Officers Association (GFOA), and used by most local
governments in Virginia. This change will require,that we restate our financial statements to
Honorable Mayor and Members
of City Council
August 5, 2002
Page 11
reflect this as implemented at the beginning of this fiscal year so that we will still have only twelve
months of revenue in each year presented in our financial statements. We will add to current
year revenues the estimated amounts of collections to be made in July and August 2002 related
to various taxes due the City as of June 30th.
This change has a positive impact on CMERP as it means additional recognition of revenues
using the sixty-day period of availability. The calculation on page 16 illustrates the additional
CMERP which results from this change. A summary is shown below:
Additional CMERP City Schools
From General Fund $1,753,440 $ 993,911
From School Fund - 750,000
Total $1,753,440 $1,743,911
It should be emphasized that the additional CMERP resulting from this change in accounting
policy creates a one-time increase in the amount of CMERP typically computed at year end.
Additionally, these amounts are unaudited and subject to change during the course of our external
audit. In planning for this change in policy over the last year, we have worked closely with our
external auditors regarding this accounting change. We have also received a preliminary review
by our external auditors of the amounts which were derived in making these adjustments.
Including both our annual CMERP calculations, and the effect of the additional CMERP generated
by the change in revenue recognition, the following summarizes total CMERP for the year ended
June 30, 2002:
City General
Fund School Fund
Annual CMERP Computation $ 3,229,149 $ 2,502,538
Additional CMERP 1,753,440 1,743,911
Total FY02 CMERP $ 4,982,589 $ 4,246,449
We would like to reiterate that the General and School Fund amounts discussed within this report
are unaudited and subject to change during the course of our external audit. A comprehensive
financial report of all funds of the City will be included with the Comprehensive Annual Financial
Report. We would also like to thank City Council, the administration, and especially the dedicated
Honorable Mayor and Members
of City Council
August 5, 2002
Page 12
staff of the Department of Finance for their support throughout fiscal year 2002.
pleased to answer questions that Council may have.
Sincerely,
Jesse A. Hall
Director of Finance
We would be
JAH:ca
Attachments
C~
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
George C. Snead, Jr., Assistant City Manager
Rolanda A. Johnson, Assistant City Manager
E. Wayne Harris, Superintendent, Roanoke City Schools
Richard L. Kelley, Assistant Superintendent for Operations
Barry L. Key, Director of Management and Budget
City of Roanoke, Virginia
Allocation of CMERP to the General Fund
June 30, 2002
Unaudited
General Fund CMERP Allocation
General Fund Revenues In Excess of Budgeted Amounts
General Fund Unobligated Appropriations
Less: Reserve for Uninsured Claims
Total General Fund CMERP Allocation
School Fund CMERP Allocation, see page 14
Total General Fund CMERP
$ 936,866
3,265,813
(250,000)
3,952,679
(723,530)
$ 3~229~149
City of Roanoke, Virginia
Calculation of General Fund CMERP to Allocate to the School Board
June 30, 2002
Unaudited
Local Taxes
General Property Taxes
Other Local Taxes
Total Local Taxes
$ 77,807,793
59,696,343
137,504,136
Less: Local Taxes Dedicated for Specific Purposes
Current Downtown District Real Estate Tax
Delinquent Downtown District Real Estate Tax
Current Williamson Road District Real Estate Tax
Delinquent Williamson Road District Real Estate Tax
Downtown District Public Service Tax
Utility Consumer Tax Dedicated to Roanoke River Flood Reduction
Telephone Surcharge (E911) Taxes
Cable TV F~'anchise Tax Dedicated to Local Government Access Channel
Cigarette Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Motor Vehicle License Tax to Support Debt Service of Bonds Issued for
Jail and Juvenile Detention Home
Cigarette Tax for COPE Team and Convention and Visitor's Bureau
Transient Room Tax to Support Convention and Visitors Bureau
Telecommunications Right of Way Use Fee Dedicated to Paving
One Cent Real Estate Tax Dedicated to Economic Development
One Cent Transient Occupancy Tax Dedicated to Tourism
Ten Cents Cigarette Tax Dedicated to Curb, Gutter and Sidewalk
Debt Service on Bonds Issued for Innotech Project
Net Local Taxes
School Percentage Share of Local Taxes
(200,910)
(3,493)
(61,174)
(2,723)
(25,124)
(808,000)
(1,137,606)
(194,707)
(305,000)
(325,000)
(501,429)
(200,000)
(544,760)
(393,961)
(287,500)
(735,000)
(926,803)
130,850,946
36.42% *
School Share of Local Taxes
47,655,915
Other Adjustments:
Deduct School Portion of CSA Program
Deduct Interest Earnings
Add Funding for Pre-School Initiative
(1,133,521)
(200,000)
204,755
Net School Transfer
Less: FY02 Local Funding Provided to School Board
Allocation of CMERP to School Board
46,527,149
(45,803,619)
723,530
* Percentage share based on Revenue Allocation Modeldeveloped bythe
Department of Management and Budget.
]4
City of Roanoke, Virginia
Summary of School Board CMERP
June 30, 2002
Unaudited
School Fund CMERP Allocation
School Fund Revenues Less Than Budgeted Amounts
School Fund Unobligated Appropriations
Subtract: Increase in Workers' Comp Trust Fund
Total School Fund CMERP Allocation
General Fund CMERP Allocation, see page 14
Total School CMERP
$ (1,263,071)
3,047,516
(5,437)
1,779,008
723,530
$ 2,502,538
City of Roanoke, Virginia
Additional Allocation of CMERP
Resulting From Change in Revenue Recognition
June 30, 2002
Unaudited
Computation of Additional General Fund CMERP:
Additional Local Tax Accrual
Additional Cable TV Tax Accrual
Additional Grants-in-Aid Commonwealth Accrual
Deduction for Expenditure Accrual Related
to Tipping Fees of Solid Waste Management
Revenue/
(Expense)
Accrual
A $ 2,529,025
B 250,000
145,000
CMERP Calculation
City Schools
$1,607,954 $ 921,071
177,160 72,840
145,000
(176,674) (176,674)
$ 2,747,351 $1,753,440
$ 993,911
Computation of Additional School Fund CMERP:
Additional Sales Tax Accrual
$ 750,000 $ $ 750,000
A - Local taxes are shared with the School Board using the Revenue Allocation Model developed
by the Department of Management and Budget. Accordingly, the School share of these local
taxes is 36.42%.
B - The Cable Television accrual is shared with the School Board using the same Revenue Allocation
Model except that 20% of Cable TV Franchise taxes are dedicated to the Local Government
Access Channel and therefore not allocated in any part to the Schools.
]6
City of Roanoke, Virginia
Summary of Total CMERP Allocation
June 30, 2002
Unaudited
Annual CMERP Allocation
From General Fund
From School Fund
Total
General
Fund
3,229,149
3,229,149
School
Fund
$ 723,530
1 ~779~008
2,502,538
Additional CMERP Allocation Resulting
From Change in Revenue Recognition
From General Fund
From School Fund
Total Additional
Grand Total
1,753,440
993,911
750,000
1,753,440
4,982,589
1~743,911
$ 4,246,449
]7
City of Roanoke, Virginia
Capital Maintenance and Equipment Replacement Reserve (CMERP)
Per Ordinance 26292
Total General Fund Budget FY02
Less: General Fund Transfer to Debt Service
Maximum Designated CMERP Reserve
$ 200,938,310
10%
20,093,831
(12,266,899)
$ 7,826,932
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 2002
Transfer
Number
General Fund:
CMT-1863
'CMT-532
CMT-533
CMT-1176
CMT-1177
CMT-536
CMT-1195
CMT-544
CMT-1214
CMT-548
CMT-550
CMT-1230
CMT-554
CMT-556
CMT-558
CMT-561
CMT-562
CMT-568
CMT-570
CMT-572
CMT-578
CMT-580
CMT-589
CMT-594
CMT-600
CMT-602
CMT-606
CMT-1329
CMT-1332
CMT-1339
CMT-1345
CMT-1351
CMT-619
CMT-619
Date
07/30/01
08/09/01
08/09/01
08/28/01
08/31/01
10/04/01
10/04/01
1 lr20/o 1
12/12/01
12/13/01
01/16/02
01/17/02
01/31/02
02/08/02
02/08/02
02/08/02
02/22/02
03119~02
03/19~02
03/25/02
04/24/02
04r24/o2
o5/21/o2
o6/o3/o2
o6/18/o2
o6/24/o2
o6114~02
o6/o6/o2
05~09~02
o6/14~02
o6/18~02
o6r27/o2
o7/29/o2
o7/29/o2
Explanation From T_~o
Donation to Brain Injury Association
Tipping Fees
Tipping Fees
Deficit in State and Local
Hospitalization Reimbursements
Fees Due to Downtown Roanoke
Inc. Related to Farmer's Market
Consultant Payment for Health
Care Renewal
Adoption Incentive Funds
Feasibility Study Related to
Proposed Art Center
Contribution to Greater
Raleigh Court Civic League
RRHA Property Reimbursement
Fund Professional Fees
Needed for Year
Additional Advertising Due to
Increase in IFBs and RFPs
Furnishings in Court
and Jury Rooms
Transfer Housing and Neighborhood
Services Coordinator Position
Transfer Executive Secretary
Position
Transfer Project Specialist
Position
Supplement Operating Expenses
Funding for 22 Transferred Employees
City Share of Electric Service
Negotiations with AEP
Strategic Business Planning
Consultant
Additional Elections and Unexpected
Redistricting
Renovations to Belmont Community
Fire Station
Replace Judge Weckstein's Office
Furniture
Replace Carpet, Floor Tile and Furni-ture for Juvenile Court Se~ce Unit
July 4th Music for Americans Program
Shuffle Service
Health Department Subsidies
Supplement Operating Expenses
Supplement Operating Expenses
Grandin Court Floodng Project
Payments to Virginia First Cities
and Drug Council
Replace Office Furniture
Pre-Development Crew Suites
Year-End Accruals/Final Balancing
Year-End Accruals/Final Balancing
Jail
Solid Waste Management
Solid Waste Management
Human Services Support
Contingency*
Residual Fringe Benefits
Income Maintenance
Residual Fringe Benefits
Pay Raise/Supplemental
Budget
Juvenile and Domestic
Relations Court Services
Residual Fdnge Benefits
General Services
Jail
City Manager
Planning and Code
Enforcement
Housing and Neighbor-
hood Services
Management and Budget
Parks
Building Maintenance
Outreach Detention
Miscellaneous
Housing and Neighbor-
hood Se~ces
Jail
Contingency*
Contingency*
Outreach Detention
Contingency*
Solid Waste Management
Refuse/Recycling
Parks
Contingency*
Building Maintenance
Contingency*
Recreation
Recreation
Membership and Affiliations
Engineering
Building Maintenance
Hospitalization Program
Memberships and Affiliations
Human Resources
Social Services-Services
City Manager
Memberships and Affiliations
Housing and Neighborhood
Services
City Attorney
Purchasing
Circuit Court Judges
Housing and Neighborhood
Services
Housing and Neighborhood
Services
Director of Public Works
Director of Public Works
Streets and Traffic
Memberships and Affiliaatons
Human Services Support
Electoral Board
Building Maintenance
Circuit Court Judges
Juvenile and Domestic
Relations Court Clerk
Director of General Services
Health Department
City Council
Director of Public Works
Recreation
Memberships and Affiliations
Purchasing
Memberships and Affiliations
Commonwealth Attorney
Occupational Health Clinic
Amount
$ 5,000
568
2,270
995
15,856
13,000
15,089
75,000
25,000
53,700
20,000
5,000
55,000
38,255
22,036
42,958
2,000
50,595
44,750
9,313
22,294
10,500
19,000
16,500
2,500
87
7,675
250
2,306
13,005
2,000
58,000
1,938
671
19
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 2002
(CONTINUED)
Transfer
Number
General Fund:
Date
CMT~22 07~9~2
CMT~22 07D9~2
CMT~22 07D9/02
CMT~22 07D9~2
CMT~22 07D9~2
CMT~26 07D9~2
CMT~26 07D9~2
CMT~26 07D9/02
CMT~26 07~9/02
CMT~26 07~9~2
CMT~32 07D9~2
CMT~32 07D9~2
CMT~32 07D9/02
CMT~35 07~9~2
CMT~39 07D9/02
CMT~39 07D9~2
CMT~39 07D9~2
CMT~39 07D9~2
Capital Projects Fund:
CMT~1180 09/05/01
CMT-1244 02/14/02
CMT-564 02/20/02
CMT-584 04/29/02
CMT-584 04r29/02
CMT-582 05/16~02
CMT-591 05/30/02
CMT-591 05/30/02
CMT-598 06111/02
Explanation From
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Year-End Accruals/Final
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Balancing
Additional Project Expenses
Preston Tennis Court Renovations
Construction Cost of Fire-EMS
Regional Training Center
Consultant Contract for Update to
Zoning Ordinance
Consultant Contract for Update to
Zoning Ordinance
Consultant Fees for Church Avenue
West Parking Study
Anti-Icing Distribution System
Anti-Icing Distribution System
Hazard Mitigation Grant Program
Building Maintenance
Building Maintenance
Building Maintenance
Building Maintenance
Building Maintenance
Recreation
Recreation
Recreation
Recreation
Recreation
Transfers to Other Funds
Miscellaneous
Contingency*
Contingency*
Police Patrol
Police Patrol
Police Patrol
Police Patrol
Broadway Street Bridge
Special Park Project
Grants
Fire EMS Facility
Improvement Program
Downtown Plan Update
Comprehensive Plan
Church Street Garage
Rehabilitation
Greenway Maintenance
Equipment
Thermal Imaging Cameras
Garden City Property/
Relocation Program
T._.~o Amount
Director of General Services 672
Paving Program 201
Snow Removal 617
Office of Management and
Budget 5,776
Purchasing 2,023
Parks 28,784
Foster Parent Training 1,124
Police-Animal Control 4,319
Clerk of Circuit Court 472
General Distdct Court 102
Transfers to Other Funds 23,263
Transfers to Other Funds 16,207
Transfers to Other Funds 8,122
Transfers to Other Funds 75,000
Juvenile Relations Court
Sen/ices 16,907
Electorial Board 10,471
Memberships and Affiliations 6,735
Human Resources 6,778
Total General Fund $860,684
First Street Bridge $ 23,550
Athletic Court Improvements 522
Regional Fire EMS Training
Center
Updating Zoning Ordinance
Updating Zoning Ordinance
Downtown Parking Study
Anti-Icing Distribution System
Anti-Icing Distribution System
1998 Regional Mitigation
Project
Total Capital Projects Fund
8,800
693
10,789
20,000
200
200
14,592
$ 79,346
20
CITY OF ROANOKE, VIRGINIA
SUMMARY OF CITY MANAGER TRANSFERS
AND AVAILABLE CONTINGENCY
JUNE 30, 2002
(CONTINUED)
Available Contingency
Balance of Contingency at July 1,2001
*Contingency Appropriations From Above
Contingency Appropriations Through Budget Ordinances:
BO 35515 08/20/01 DrUg Prosecutor
BO 35544 09104/01 Zoning Inspector Positions
BO 35782 04/01/02 Virginia Exile Grant Local Match
BO 35939 06/17/02 Risk Management Operating Costs
Available Contingency at June 30, 2002
Contingency
Contingency
Contingency
Contingency
Transfer to Grant Fund
Transfer to Grant Fund
Transfer to Grant Fund
Transfer to Risk Manage-
ment Fund
$500,000
(196,658)
(8,170)
(80,996)
(17,401)
(165,910)
$ 30,865
21
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
STATEMENT OF REVENUE
(UNAUDITED)
Year to Date for the Period
July I - June 30 July I - June 30 Percentage
2000-2001 2001-2002 of Change
$ 67,776,339 $ 70,101,766 3.43
58,663,094 59,696,343 1.76
840,520 1,076,603 28.09
818,982 1,103,113 34.69
1,044,449 1,100,101 5.33
51,459,893 53,264,662 3.51
3,483,819 3,780,853 8.53
295,247 481,088 62.94
2,225,240 2,249,103 1.07
$ 186t641~942 $ 192~887r970 3.35
Current Fiscal Year
Revised
Revenue
Estimates
Percent of
Revenue
Estimate
Received
69,113,324 101.43%
58,016,878 102.89%
957,150 112.48%
1,014,600 108.72%
1,118,330 98.37%
54,916,597 96.99%
34,300 100.17%
3,888,997 97.22%
560,236 85.87%
2,330,692 96.50%
191r951~104 100.49%
Expenditures
General Government
Judicial Administration
Public Safety
Public Works
Healfl~ and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
July I - June 30 July I - June 30 Percentage
2000-2001 2001-2002 of Change
$ 11,855,071
5,585,652
44,363,281
24,397,348
25,019,650
$ 11,658,081
5,848,863
45,676,338
25,171,839
26,837,069
-1.66
4.71
2.96
3.17
7.26
Unencumbered
% $ 224,589
% 59,752
% 1,321,368
% 327,467
% 1,072,070
Percent of
Revised Budget
Appropriations Obligated
$ 11,882,670 98.11%
5,908,615 98.99%
46,997,706 97.19%
25,498,306 98.72%
27,909,139 96.16%
4,728,770
4,042,136
4,909,877
5,031,838
3.83 %
24.48 %
88,963
138,739
4,998,840
5,170,577
12,109,799
49,084,764
10,641,028
188;827r499
12,266,899
46,617,823
13 653 870
$ 197r672;497
1.30
1.16
28.31
4.68
%
%
%
% $
3r266T813
12,266,899
46,617,823
13,686,735
$ 2001938;310
98.22%
97.32%
100.00%
100.00%
99.76%
98.37%
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND STATEMENT OF REVENUE
(UNAUDITED)
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
Current Fiscal Year
Percent of
Revised Revenue
July 1 - June 30 July I - June 30 Percentage Revenue Estimate
2000-200t 2001-2002 of Change Estimates Received
$ 8,859,609 $ 8,890,966 0.35 % $ 9,492,986
41,519,607 41,066,378 -1.09 % 41,656,787
112,485 107,563 -4.38 % 115,390
2,168,884 2,093,054 -3.50 % 1,971,820
46,084,764 46,617,823 1.16 % 46,801,872
13,588,212 14,014,253 3.14 % 14,014,253
$ 112,333,561 $ 112,790,037 0.41 % $ 114,053,108
93.66 %
98.58 %
93.22 %
106.15 %
99.61%
NA
98.89 %
SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Expenditures
Instruction
General Support
Transportation
Operation and
Maintenance of Plant
Facilities
Other Uses of Funds
Special Purpose Grants
Total
Year to Date for the Period
Current Fiscal Year
July I - June 30 July 1 - June 30 Percentage Unencumbered Revised
2000-2001 2001-2002 of Change Balance Appropriations
$ 72,310,286
3,844,938
3,912,843
10,052,523
2,409,220
6,189,453
14,014,253
$ 112,733,616
-1.94 % $ 2,341,163 $ 74,651,449
-6.15 % 221 3,845,159
8.33 % 3 3,912.846
Percent of
Budget
Obligated
$ 73,741,649
4,096,876
3,612,118
10,037,503
2,986,842
5,467,355
13,588,212
$ 113,630,665
96.86 %
99.99 %
100.00 %
0.15 % 278,942 10,331,465 97.30 %
-19.34 % 9,140 2,418,360 99.62 %
13.21 % 418,048 6,607,501 93.67 %
3.14 % 14,014,253 NA
-0,70 % $ 3,047,617 $ 115,781,033
97.37 %
23
CITY OF ROANOKE, VIRGINIA
SCHOOL FOOD SERVICE FUND STATEMENT OF REVENUE
(UNAUDITED)
Year to Date for the Period
Current Fiscal Year
Revised
July 1 - June 30 July I - June 30 Percentage Revenue
Revenue Source 2000-2001 2001-2002 of Change Estimates
Grants-in-Aid Commonwealth $ 85,762 $ 84,483 -1.49 % $ 84,464
Grants-in-Aid Federal Government 2,777,951 2,963,043 6.66 % 2,891,594
Charges for Services 1,479,604 1,537,397 3.91% 1,545,256
Total $ 4,343,317 $ 4,584,923 5.56 % $ 4,521,314
Percent of
Revenue
Estimate
Received
100.02 %
102.47 %
99.49 %
101.41%
SCHOOL FOOD SERVICE FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES
(UNAUDITED)
Expenditures
Food Services
Facilities
Total
Year to Date for the Period
Current Fiscal Year
Percent of
July 1 - June 30 July 1 - June 30 Percentage Unencumbered Revised Budget
2000-2001 2001-2002 of Change Balance Appropriations Obligated
$ 4,352,109 2.03% $ 193,900 $ 4,546,009
54,278 100.00% 16,978 86,218
$ 4,406,387 3.31 % $ 210,878 $ 4,632,227
$ 4,265,355
$ 4,265,355
95.73 %
62.95 %
95.12 %
24
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 2002
(UNAUDITED)
General Government
Flood Reduction
Economic Development
Community Development
Public Safety
Recreation
Streets and Bridges
Storm Drains
Traffic Engineering
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding
Budget To Date Balance Encumbrances
$ 13,246,584 $ 11,707,326 $ 1,539,258 $ 127,808
21,808,387 8,501,753 13,306,634 2,271,386
24,901,540 22,129,840 2,771,700 213,612
6,016,143 3,768,183 2,247,960 704,330
8,236,831 7,211,883 1,024,948 218,251
26,901,537 6,415,155 20,486,382 740,824
25,321,040 21,125,432 4,195,608 2,497,056
2,847,131 1,797,478 1,049,653 482,530
5,276,952 4,016,714 1,260,238 1,123,627
15,508,963 15,508,963 -
$ 150,065,108 $ 86,673,764 $ 63,391,344
Unobligated
Balance
$ 1,411,450
11,035,248
2,558,088
1,543,630
806,697
19,745,558
1,698,552
567,123
136,611
15,508,963
$ 8,379,424 $ 55,011,920
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JUNE 30, 2002
(UNAUDITED)
Elementary Schools Renovation
Middle Schools Renovation
High Schools Renovation
Interest Expense
Capital Improvement Reserve
Total
Bud~let
Expenditures Unexpended Outstanding Unobligated
To Date Balance Encumbrances Balance
$ 17,558,105 $ 12,574,449 $ 4,983,656 $ 232,392
2,840,307 2,692,235 148,072 13,250
3,525,763 3,495,328 30,435 153
262,929 253,287 9,642
1,051,271 1,051,271
$ 25,238,375 $ 19,015,299 $ 6,223,076 $ 245,795
$ 4,751,264
134,822
30,282
9,642
1,051,271
$ 5,977,281
25
Interest Revenue:
Interest on Bond Proceeds
Interest on SunTrust Lease
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
FY 2002
$ 982,841
12,120
540,981
1,535,942
FY 2001
$ 1,287,768
9,277
1,112,469
2,409,514
Intergovernmental Revenue:
Federal Government:
FEMA- Garden City
FEMA- Regional Mitigation Project
Commonwealth:
VDES - Garden City Mitigation Project
VirginiaTransportation Museum -ISTEA
VDES - 1998 Regional Mitigation
Passenger Station Enhancement - TEA-21
Mountain View Historic Resource
Buena Vista Historic Resource
State Industrial Grant - RClT
Total Intergovernmental Revenue
Revenue from Third Parties:
Verizon - Brambleton Avenue Signals
Mill Mountain Visitors Center - Private Donations
First Union Penalty Payment
First Union Job Grant Repayment
Times-World Corporation - Land Sale
Trigon Insurance - Land Sale
Bill and Melinda Gates Foundation
Westview Terrace - Land Sale
Roanoke Times Air Rights Lease
Sale of Nelms Lane Property
First Tee Golf Deposit
Advance Stores GOF Agreement
Total Revenue from Third Parties
Other Revenue:
Transfers from General Fund
Transfers from Water Fund
Transfers from Sewage Fund
Transfers from Management Services Fund
Proceeds from Capital Lease - SunTrust
General Obligation Bond Proceeds - Series 2002
Total Other Revenue
Total
19,223
10,143
23,064
118,989
171,419
44,400
3,100
100
8,500
5OO
15
670,000
726,615
6,439,336
375,000
41,530,000
48,344,336
$ 50,778,312
259,932
243,295
18,368
20,000
20,000
162,839
724,434
36,055
10,000
34,O00
137,445
125,110
342,610
6,834,318
2,900
12,600
100,000
700,000
7,649,818
$11,126,376
26
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
FY 2002
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
City of Salem
County of Botetourt
County of Bedford
Customer Services
Charges for Services
$4,530,050
3,758,528
680864
28052
30165
231750
23 157
590748
1,353,399
Total Operating Revenues
11,226,713
Operating Expenses
Personal Services
Operating Expenses
Depreciation
4,172,706
4,060,757
1,694,047
Total Operating Expenses
9,927,510
1,299,203
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Sale of Land
Miscellaneous Revenue
Source Water Assessment Grant
Interest and Fiscal Charges
Transfer to Capital Projects Fund
297,251
78,689
375,000
60,967
(1,034,736)
(375,000)
Net Nonoperating Expenses
(597,829)
$701,374
Net Income
FY2001
$3,967,212
3,530,608
310 279
14 738
32 303
234 227
13 188
475 562
3,423,630
12,001,747
4,019,630
5,333,778
1,674,377
11,027,785
973,962
413,015
73,161
19,724
24,000
(1,127,542)
(2,900)
(600,542)
$373,420
27
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
Operating Revenues
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Capital Contributions - Other Jurisdictions
Miscellaneous Revenue
Interest and Fiscal Charges
Transfer to Capital Projects Fund
Loss on Disposal of Fixed Assets
Net Nonoperating Income (Expenses)
Net Income (Loss)
FY 2002
$7,273,319
881 231
230 792
853 248
157 970
156 034
201 516
9,754,110
2,073,681
6,183,214
1,406,590
9,663,485
90,625
177,447
154,502
16
(759,774)
(34,082)
(461,891)
($371,266)
FY 2001
$7,311,593
1,034,041
245,691
987,307
150,047
184,926
188,930
10,102,535
1,886,560
6,204,115
1,187,716
9,278,391
824,144
377,420
658,190
44
(12,600)
1,023,054
$1,847,198
28
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
FY2002
Operating Revenues
Rentals
Event Expenses
Display Advertising
Admissions Tax
Electrical Fees
Novelty Fees
Facility Surcharge
Charge Card Fees
Commissions
Catering/Concessions
Other
$675 191
348 813
178 180
271 324
11 061
62 188
260 127
80 278
7 877
1,273,946
37,499
Total Operating Revenues
3,206,484
Operating Expenses
Personal Services
Operating Expenses
Depreciation
1,993,932
2,049,419
383,182
Total Operating Expenses
4,426,533
Operating Loss
(1,220,049)
Nonoperating Revenues
Transfer from General Fund-Operating
Transfer from General Fund - Nonoperating
Transfer from General Fund - Victory Stadium
Transfer from Capital Projects Fund
Interest on Investments
Miscellaneous
1,137,130
830,000
204,555
385,000
71,330
1,676
Total Nonoperating Revenues
2,629,691
$1,409,642
Net Income (Loss)
FY2001
$600,986
181,307
81,000
284,873
25,627
48,567
238,030
39,907
1,163,947
20,153
2,684,397
1,294,266
2,160,619
444,016
3,898,901
(1,214,504)
878,703
65,838
11,403
955,944
($258,560)
29
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
FY 2002
Operating Revenues
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Gainsboro Parking Garage
Williamson Road Surface Lot
Norfolk Avenue Surface Lot
Gainsboro Surface Lot
$385,311
440,431
217,106
472,106
407,046
8,649
103,391
28,356
15,085
Total Operating Revenues
2,077,481
Operating Expenses
Operating Expenses
Depreciation
830,188
541,515
Total Operating Expenses
1,371,703
705,778
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous
Transfer from General Fund
Transfer from Captial Projects Fund
Transfer to General Fund
Transfer to GRTC - Operating
Transfer to GRTC - Capital
Transfer to GRTC - Shuttle Service
Interest and Fiscal Charges
72,005
2,837
32,000
108,608
(209,835)
(497,122)
Net Nonoperating Expenses
(491,507)
$214,271
Net Income (Loss)
FY 2001
$361,904
434,086
209,009
459,461
400,195
69,237
1,933,892
759,150
540,607
1,299,757
634,135
26,611
10,432
761,358
(850,183)
(98,0oo)
(130,000)
(521,748)
(801,530)
($167,395)
30
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
FY 2002 FY 2001
COMMISSION (1)
CONFERENCE
CENTER (2)
TOTAL
Operating Revenues
Conference Center
Total Operating Revenues
- $
2,942,833 $ 2,942,833 $ 2,753,796
2,942,833 2,942,833 2,753,796
Operating Expenses
Personal Services
Fees for Professional Services
Administrative Expenses
Conference Center
Total Operating Expenses
56,554
87,883
33,776
178,213
(178,213)
56,554 103,278
87,883 49,875
33,776 1,204
2,549,091 2,549,091 2,542,157
2,549,091 2,727,304 2,696,514
393,742 215,529 57,282
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contributions from Virginia Tech
Insurance Proceeds
HRCCC Settlement Proceeds
Construction Repairs
Interest on Investments
Rent, Taxes, Insurance, and Other
175,000
175,000
(57,428)
103,700
- 175,000 175,000
- 175,000 175,000
- 189,000
- 8,000,000
- (57,428) (4,949,569)
- 103,700 235,910
(183,884) (183,884) (140,705)
Net Nonoperating Revenues (Expenses)
396,272 (183,884) 212,388 3,684,636
Net Income Before Depreciation
218,059 209,858 427,917 3,741,918
Depreciation Expense/Replacement Reserve
(511,236) (90,111) (601,347) (610,928)
Net Income (Loss) $ (293r177) $ 119r747 $ (173~430} $ 3~130r990
Notes to Financial Statement:
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as
provided by Doubletree Management.
31
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 12 MONTHS ENDING JUNE 30, 2002
(UNAUDITED)
Operating Revenues
TOTALS
Department
of Materials Fleet Risk
Technology Control Management Management FY 2002 FY 2001
$4,191,628 $943,319 $3,476,493 $10,199,722 $18,811,162 $16,837,289
4,191,628 943,319 3,476,493 10,199,722 18,811,162 16,837,289
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
2,125,852 67,136 1,223,474 156,494 3,572,956 3,632,602
1,397,137 1,031,974 1,188,222 10,644,652 14,261,985 11,245,013
506,904 2,044,830 2,551,734 2,453,894
4,029,893 1,099,110 4,456,626 10,801,146 20,386,676 17,331,609
161,736 (155,791) (980,033) (601,424) (1,575,513) (454,220)
Nonoperating Revenues (Expenses)
Interest Revenue
Interest Expense
Transfers To Other Funds
Loss on Disposal of Fixed Assets
Transfers From Other Funds
Other Revenue
Net Nonoperating Revenues
Net Income (Loss)
130,161
(15,271)
(41,350)
2,582,247
309,247
5,927
33,151 291,132 460,371 960,064
(64,080) - (79,351) (32,213)
- (41,350) (100,000)
(57,879) - (57,879) (125,867)
696,231 250,000 3,528,478 1,502,238
309,247 59,836
2,966,034 5,927 607,423 541,132 4,119,516 2,264,058
$3,126,769 ($145,864) ($372,610) ($60,292) $2,544,003 $1,769,838
32
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JUNE 30, 2002
TO THE DIRECTOR OF FINANCE:
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR
THE FUNDS OF SAID CITY FOR THE MONTH ENDED JUNE 30, 2002.
BALANCE AT BALANCE AT BALANCE AT
FUND MAY 31, 2002 RECEIPTS DISBURSEMENTS JUNE 30, 2002 JUNE 30, 2001
GENERAL $13,532,447.29 $16,353,603.30 $21,303,688.76 $8,582,361.83 $11,710,622.82
WATER 12,006,502.42 562,248.52 1,563,413.76 11,005,337.18 7,798,351.41
SEWAGE 9,621,914.41 1,532,901.98 1,610,175.64 9,544,640.75 7,504,042.36
CIVIC CENTER 4,092,110.49 1,379,738.37 318,095.05 5,153,753.81 1,049,974.81
TRANSPORTATION 404,065.60 184,575.86 46,620.09 542,021.37 363,373.18
CAPITAL PROJECTS 63,983,570.89 127,254.80 669,781.13 63,441,044.56 37,386,707.15
CONFERENCE CENTER 4,290,056.11 2,776.78 18,725.50 4,274,107.39 4,694,779.31
RKE VALLEY DETENTION COMM 2,631,078.52 319,496.02 861,895.00 2,088,679.54 4,339,752.66
DEBT SERVICE 14,071,625.25 22,554.05 0.00 14,094,179.30 13,087,190.50
DEPT OF TECHNOLOGY 5,805,105.30 498,989.46 492,995.22 5,811,099.54 4,247,556.77
MATERIALS CONTROL 315,573.05 75,497.71 85,513.21 305,557.55 156,082.61
MANAGEMENT SERVICES 0.00 0.00 0.00 0.00 178,296.85
FLEET MANAGEMENT 981,043.39 53,007.50 346,794.68 687,256.21 169,349.05
PAYROLL (13,001,460.86) 24,571,730.76 14,744,323.14 (3,174,053.24) (5,717,213.97)
RISK MANAGEMENT 12,529,918.64 887,992.92 1,298,410.24 12,119,501.32 12,410,001.91
PENSION (11,462.17) 3,406,210.36 2,845,149.98 549,598.21 621,211.75
SCHOOL FUND 9,691,212.76 6,445,908.96 5,861,864.45 10,275,257.27 9,125,843.10
SCHOOL CAPITAL PROJECTS 7,064,832.77 1,787.03 88,728.80 6,977,891.00 9,660.24
SCHOOL FOOD SERVICE 352,789.62 525,014.58 551,216.25 326,587.95 763,477.30
F D ETC 78,225.94 111,203.09 141,649.48 47,779.55 25,200.35
GRANT 496,857.25 261,719.11 501,717.41 256,858.95 1,045,760.18
TOTAL
$148,936,006.67 $57,324,211.16 $53,350,757.79 $152,909,460.04 $110,970,020.34
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JUNE 30, 2002.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
COMMERCIAL PAPER
LOCAL GOVERNMENT INVESTMENT POOL
MONEY MANAGEMENT ACCOUNT
REPURCHASE AGREEMENTS
U. S. AGENCIES
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$510,365.72
1,218,307.29
10,863,381.50
22,668,555.89
26,936,565.91
10,176,018.68
15,000,000.00
9,856,361.11
55,679,903.94
$152,909,460.04
DATE: JULY 9, 2002
DAVID C7. ANDEI SON, TR-E LTRI R
33
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE 12 MONTHS ENDED JUNE 30, 2002
UNAUDITED
Additions:
Employer Contributions
FY 2002
$ 4,328,76O
FY 2001
$ 4,629,O60
Investment Income
Net Appreciation (Depreciation) in Fair Value of Investments
Interest and Dividend Income
Total Investment Income (Loss)
Less Investment Expense
Net Investment Income (Loss)
Total Additions (Deductions)
(32,023,041)
6,872,516
(25,150,525)
725,519
(25,876,044)
$ (21,547,284)
(20,887,170)
6,920,518
(13,966,652)
1,910,622
(15,877,274)
$ (11,248,214)
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
Net Increase (Decrease)
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance June 30
$ 14,927,914
336,287
i5,264,201
(36,811,485)
326,337,980
$289r526r495
$ 13,034,370
308,581
13,342,951
(24,591,165)
350,929,145
$326r337r980
34
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
JUNE 30, 2002
UNAUDITED
Assets
Cash
Investments, at Fair Value
Employer Contributions Receivable
Accrued Investment Income
Other Assets
Total Assets
FY 2002
541,276
292,195,748
216,745
438,161
5,785
$ 293r397~715
FY 2001
$ 582,332
337,412,665
616,725
876,658
5,434
$ 339~493~814
Liabilities and Fund Balance
Liabilities:
Accounts Payable
Payable for Cash Collateral on Loaned Securities
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Gain (Loss) - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$ 116,435
3,754,785
3,871,220
326,337,980
(36,811,485)
289,526,495
$ 293~397~715
$ 176,136
$ 12,979,698
13,155,834
350,929,145
(24,591,165)
326,337,980
$ 339~493r814
35
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
August 8, 2002
File #60-236-468-529
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
A request of the Architectural Review Board that Council review proposed changes to the
streetscape for Kirk Avenue between Market Street and Williamson Road, S. W., was
before the Council of the City of Roanoke at a regular meeting which was held on
Monday, August 5, 2002.
The request was referred to the City Manager for study, report and recommendation to
Council.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc;
Robert N. Richert, Chair, Architectural Review Board, 415 Allison Avenue, S. W.,
Roanoke, Virginia 24016
Rolanda A. Johnson, Assistant City Manager for Community Development
R. Brian Townsend, Director, Department of Planning, Building and Development
Christopher L. Chittum, Agent, Architectural Review Board
H:XAgenda.02XAugust 5, 2002 correspondence.wpd
Architectural Review Board
Board of Zoning Appeals
Planning Commission
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning~ci, roanoke.va.us
July 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable C. Nelson Harris, Vice Mayor
Honorable William H. Carder, Council Member
Honorable M. Rupert Cutler, Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable William D. Bestpitch, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Improvements to Kirk Avenue
(alley)
This is to formally request that City Council review the proposed changes to the
streetscape for Kirk Avenue (alley) between Market Street and Wiliamson Road.
The Board understands that the City administration intends to extend the sidewalk
treatment used in the block between Jefferson and Market, but does not intend to
extend the stamping treatment on the black asphalt to Williamson Road. The
Architectural Review Board feels that the application done on the Jefferson/Market
Street sections was a highly successful improvement to the Market area and would
recommend that it be extended to Williamson Road.
CC:
Respectfully, ,,/'~ /~
Robbrt N. Richert, Chairman
Architectural Review Board
Darlene Lr Burcham, City Manager
Rolanda Johnson, Assistant City Manager for Community Development
William M. Hackworth, City Attorney
R. Brian Townsend, Director, Planning Building and Development
Steven J. Talevi, Assistant City Attorney
Chris Chittum, Agent, Architectural Review Board
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
August 8, 2002
File #256-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35977-080502 authorizing the proper City officials
to enter into a Deed of Lease Extension between the City of Roanoke and Roanoke Valley
Swimming, Inc., for lease and operation of certain City-owned property known as the Gator
Aquatic Center, upon certain terms and conditions, effective June 11,2001.
The abovereferenced measure was adopted, on its first reading, by the Council of the City
of Roanoke at a regular meeting which was held on Monday, July 15, 2002, adopted on
second reading on Monday, August 5, 2002, and will be in full force and effect ten days
following the date of adoption on second reading.
Sincerely,
MFP:mh
Mary F. Parker, CMC
City Clerk
Attachment
pc;
Douglas J. Fonder, Executive Director, Roanoke Valley Swimming, Inc., 4725 Garst
Mill Road, S. W., Roanoke, Virginia 24018
Jesse A. Hall, Director of Finance
Rolanda A. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public
Schools
H:~Agenda.02XAugust 5, 2002 correspondence.wpd
Office of the City Manager
July 15, 2002
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Honorable
Ralph K. Smith, Mayor
C. Nelson Harris, Vice Mayor
William D. Bestpitch, Council Member
William H. Carder, Council Member
M. Rupert Cutler, Council Member
Alfred T. Dowe, Jr., Council Member
Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
SUBJECT: Roanoke
Valley Swimming, Inc.
Lease and Agreement
Background:
Roanoke Valley Swimming, Inc. (RVSI), was created in 1988 as a 501(c)3 non-
profit corporation to develop and promote a local competitive swimming team.
On June 10, 1991, RVSI leased 1.366 acres from the City for the construction
and operation of an indoor swimming pool. The facility was subsequently named
the Gator Aquatic Center ("Facility").
Considerations:
A ten-year Deed of Lease Agreement ("Lease") with RVSI was authorized by City
Council by Ordinance No. 30534-52891. The Lease expired on June 10, 2001.
Following considerable discussion and negotiations, the parties have agreed to
amend the Lease by executing a Deed of Lease Extension ("Extension") to
provide for two additional five (5) year terms on certain additional terms and
conditions. The proposed Extension provides for continued use of the Facility by
the RVSI and the Roanoke City School Division for its "Learn to Swim Program."
The Extension also allows the Gator Swim Team to use City outdoor pools up to
290 hours per summer for practice and increases the City's use of the Facility
from 6 to 12 hours per week, such usage is nearly twice the current public use of
the Facility which is permitted under the Lease.
I~oom 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (1540) 853-2333 FAX (540) 853-1138
CityWeb:www. ci.roanoke.va,us
Honorable Mayor and Members of Council
July 15, 2002
Page 2
Recommendation:
Authorize the City Manager to execute the attached Deed of Lease Extension,
approved as to form by the City Attorney.
DLB:kaj
Respectfully submitted,
City Manager
c: Rolanda A. Johnson, Assistant City Manager for Community Development
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Steven B. Buschor, Director of Parks and Recreation
Dr. E. Wayne Harris, Superintendent of Roanoke City Schools
Richard Kelly, Assistant Superintendent of Operations of Roanoke City
Schools
#CM02-00162
DEED OF LEASE EXTENSION
THIS DEED OF LEASE EXTENSION ("Extension") is made this 11th day of June,
2001, by and between the CITY OF ROANOKE ("Landlord"), a municipal corporation,
organized under the laws of the Commonwealth of Virginia, and Roanoke Valley Swimming,
Inc., ("Tenant").
WHEREAS, the Landlord and Tenant entered into a Deed of Lease ("Agreement")
dated June 10, 1991, for the lease for an initial term often (10) years, renewable for two (2)
additional five (5) year period, of certain premises identified in the Agreement for the
construction and operation of a swimming facility;
WHEREAS, the Agreement permits the Tenant to extend the Agreement for two
additional five (5) year periods, under certain terms and conditions; and
WHEREAS, the Landlord and the Tenant desire to extend the Agreement for one (1)
additional five (5) year term, and amend the Agreement for that period of time.
NOW, THEREFORE, the parties hereby agree to amend the following paragraphs of
the Agreement, and no others, as follows:
***
2. Terms of Lease. The initial term of this Lease shall be for a period often (10)
years commencing on the date of this Agreement, unless otherwise earlier terminated in
accordance with the terms hereof. Tenant may extend this Lease for two (2) additional
renewal periods of five (5) years provided that: 1) Tenant has performed its obligations under
this Agreement to the satisfaction of Landlord, and Tenant remains in possession and
C:~DOCUME-I\CMSMI \LOCAL SETTINGS\TEMP\C.LOTUS.NOTF_~.DATA\GATORLEASE. DOC 05/13/02
continues to utilize the Premises as provided for herein; and 2) At least sixty (60) days prior
to the expiration of the initial term or the renewal period, as appropriate, Tenant has provided
Landlord with written notice of intent to renew. Unless otherwise clearly indicated by the
context, the word "term" as used in this agreement shall refer to the initial term and any
renewal periods. By executing a Deed of Lease Extension, the parties evidence their intent to
extend the Agreement for the first of the two five-year renewal periods.
***
12. Insurance.
(a) Tenant shall, during the term of this Agreement, or any extension thereof,
obtain and maintain in force, at its own expense, occurrence-type commercial general
liability insurance, in minimum limits of one million dollars and no cents ($1,000,000.00) per
occurrence and two million dollars and no cents ($2,000,000.00) aggregate, and three
hundred thousand dollars and no cents ($300,000.00) fire legal liability. Such insurance shall
name the City of Roanoke, its officers, agents, employees and volunteers as additional
insureds with respect to the land lease and all operations of the Gator Aquatic Center.
Written endorsement to that effect from the insurer shall be received by the Risk
Management Officer, Department of Risk Management, Room 507, Noel C. Taylor
Municipal Building, Roanoke, Virginia, within 30 days of execution of the Agreement, any
extension thereof, and at least thirty (30) days prior to the expiration of any extension of the
Agreement. Failure by the Tenant to comply sthcfly with the terms of this Paragraph No. 12
shall authorize the City Manager for the City to declare the Tenant in breach and to declare
this Lease Extension, and the Agreement, void.
C:~DOCUME~I \CMSM 1 ~OCAL SETTINGS\TEMP\C.LOTUS.NOTE~ DATA\GATORLEASE.DOC 05/13/02
(b) Upon completion of the Building, Tenant shall keep the Building insured for
the mutual benefit of the Landlord and the Tenant against:
(i) Loss or damage by fire, and such other risks as may be included in the
standard form all-risk property insurance policy in an amount not less
than 80% of the full insurable value and no coinsurance applies. Such
policy shall include a replacement cost endorsement.
(ii) Loss or damage by explosion of high pressure steam boilers, air
conditioning equipment, pressure vessels, motors, or similar apparatus
now or afterwards installed in the Building by boiler and machinery
insurance in a minimum limit to cause full replacement value of the
building;
(iii) Such other hazards and in such amounts as Landlord may reasonably
require provided that such insurance is then customarily maintained in
buildings of similar construction, use and class in the area in which the
Premises are located.
(c) Tenant shall, during the term of this Agreement, or any extension thereof,
obtain and maintain in force, at its own expense, workers' compensation insurance within
statutory limits, with waiver of subrogation endorsed by the insurer. Such endorsement shall
be received by the Risk Management Officer, Department of Risk Management, Room 507,
Noel C. Taylor Municipal building, Roanoke, Virginia, within 30 days of the execution of
this Agreement, and at least thirty (30) days prior to the expiration of any extension of the
Agreement.
C:\DOCUME~ 1 \CMSM 1 ~LOCAL SETTINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
(d) All insurance provided for herein shall be effected under standard form policies
with insurance companies with Best Rating of A or better, or other insurance as may be
approved by the Risk Management Officer, Department of Risk Management, authorized to
do business in the State of Virginia. Upon commencement of the term of this Lease and
thereafter no less than thirty (30) days prior to the expiration dates of said policies, Tenant
shall furnish Landlord with certificates of insurance and policy declaration pages evidencing
that the insurance required hereunder is in effect, and that the premiums therefor have been
paid. Each policy delivered hereunder shall not be cancelled or materially altered without at
least thirty (30) days prior written notice by certified mail to both Landlord and Tenant.
(e) Any loss paid to Tenant pursuant to subparagraphs (b)(1) through (b)(3) above
shall be held by Tenant in trust for application to the cost of restoring, repairing, replacing, or
rebuilding the Building, and Tenant shall commence such work at its expense within 60 days
of receipt of insurance payments and shall diligently and expeditiously prosecute such work
to completion.
20. Performance Bond. Prior to execution of any Deed of Lease Extension, and
throughout the term of any such Lease Extension, Tenant shall provide a performance bond
to secure Tenant's obligations hereunder, including without limitation, Tenant's obligation to
operate and maintain the facility. Such bond shall be approved as to form by the Landlord's
Attorney and shall be properly executed by Tenant as principal and a corporate surety
authorized to transact business in the State of Virginia. The amount of the bond shall be five
thousand dollars and no cents ($5,000.00). If approved by the Landlord, alternate form of
C:~OCUME~I \CMSM 1 ~_OCAL SETTINGS\TEMP\C.LOTUS.NOTE~DATA\GATORLEASE. DOC 05/13/02
security which adequately protects the Landlord's interest may be used in lieu of the bond
with corporate surety.
22.
Notices. Any notice provided for in this Lease shall be in writing and sent by
certified mail addressed as follows:
To Landlord:
To Tenant:
Director, Parks and Recreation Department
210 Reserve Avenue, S.E.
Roanoke, Virginia 24016
Daniel Summeflin, III
Woods Rogers & Hazlegrove PLC
10 South Jefferson Street, Suite 1400
Roanoke, Virginia 24011
Any notice or request so sent shall be considered given or made on the day it is
mailed.
The address of either party for such notice, on request, may be changed by giving the
other party written notice of the new address not less than fifteen (15) days before the
effective date of the change.
29.
(a)
Use of Premises.
Unless otherwise agreed to by the parties, the facility shall be open to the
public for swim time a minimum of 30 hours per week as follows:
Saturday and Sunday
Monday thru Friday
12:00 p.m.
6:00 a.m.
and 7:00 p.m.
thru 5:00 p.m.
thru 8:00 a.m.
thru 9:00 p.m.
C:~OCUME~I \CMSM 1 ~OCAL SETTINGSWEMP\C. LOTUS.NOTE~ DATA\GATORLEAS E.DOC 05/13/02
Tenant will provide qualified lifeguards during open swim time. At all other times, user shall
provide or contract for lifeguard services. The number of lanes open to the public will be
determined by agreement of the parties. In addition, the Roanoke City School Division shall
have the option to use up to 50 percent of the pool for up to 25 hours per week with time
available between the hours of 8:00 a.m. and 3:00 p.m. on school days. A reasonable usage
fee will be negotiated annually between RVSI and the Roanoke City School Division. The
City of Roanoke Parks and Recreation Department shall have the option to use all or part of
the pool for up to 12 hours per week, at no cost to the City, with time available between the
hours of 8:00 a.m. and 9:00 p.m. for departmental programs. The schedule for open swim
time and for use by the School Division and Parks and Recreation Department shall be
established before the beginning of each fiscal year quarter by agreement of the parties. The
Gator Swim team will be allowed to utilize the City of Roanoke Parks and Recreation
Department's outdoor 50 meter pools, up to 290 hours total for all of the pools and not per
pool, at no cost to the Tenant, during the summer, as mutually agreed by the parties.
(b) Tenant may set fees to be charged the general public for open swim time as
approved by the Director of Parks and Recreation for each year of operation beginning on
July 1 of each calendar year.
(c) Should Tenant incur extraordinary expenses as a result of requirements of a
governmental agency or as a result of other circumstances beyond control of Tenant, the rates
to be charged to the general public for open swim and Department of Parks and Recreation
usage may be revised with concurrence of the City Manager.
C:~OCUME~I\CMSM 1 ~OCAL SETTINGS\TEMP\C. LOTUS.NOTE~jDATA\GATORLEASE.DOC 05/13/02
(d) All fees charged shall be billed to the respective entity and shall be paid within
thirty (30) days of receipt of billing.
All other terms and conditions in the Agreement shall remain unchanged.
WITNESS the following signatures and seals:
ATTEST:
ROANOKE VALLEY SWIMMING, INC.
(Title)
By
Its President
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
City Manager
STATE OF VIRGINIA §
CITY OF ROANOKE §
The foregoing instrument was acknowledged before me
,2002, by ., the
Roanoke Valley Swimming, Inc., for and on behalf of the corporation.
this
day of
of
My Commission expires:
Notary Public
C:~OCUME~I \CMSM I~OCAL SETTINGS~TEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
STATE OF VIRGINIA §
CITY OF ROANOKE §
The foregoing instrument
,2OO2, by
Roanoke.
was acknowledged
before me this day of
, for and on behalf of the City of
My Commission expires:
Notary Public
C:\DOCUME~I\CMSM I'd_OCAL SETTINGSWEMP\C.LOTUS.NOTE~DATA\GATORLEASE.DOC 05/13/02
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
July 18, 2002
File #256-373
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
Dadene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35977-071502 authorizing the proper City officials
to ehter into a Deed of Lease Extension between the City of Roanoke and Roanoke Valley
Swimming, Inc., for lease and operation of certain City-owned property known as the Gator
Aquatic Center, upon certain terms and conditions, effective June 11,2001.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, July 15, 2002.
SMM:mh
Sincerely,
Stephanie M. Moon
Deputy City Clerk
Attachment
pc:
Jesse A. Hall, Director of Finance
Rolanda ^. Johnson, Assistant City Manager for Community Development
Steven C. Buschor, Director, Parks and Recreation
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard Kelley, Assistant Superintendent of Operations, Roanoke City Public
Schools
N:\CKMHl~Agenda.02~July 15, 2002 correspondence.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby Certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, DIANA B. SHEPPARD was appointed as a
member of the Board of Zoning Appeals for a term ending December 31,2005.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl~Agenda.02~,ugust 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, ANNE F. HARMON was appointed as a member
of the City of Roanoke Transportation Safety Commission, for a term ending
October 31, 2004.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl~Agenda.02~ugust 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, ABBI FITZPATRICK was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31,2005.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl~Agenda.02W, ugust 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, LYLBURN D. MOORE was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31,2005.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl~Agenda.02~ugust 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, CHERYL D. EVANS was appointed as a
member of the Youth Services Citizen Board, for a term ending May 31, 2003.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHlV~genda.02~August 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular' meeting of Council which
was held on the fifth day of August, 2002, CHRISTIE L. MEREDITH was reappointed as
a Commissioner of the Roanoke Redevelopment and Housing Authority, for a term ending
August 31,2006.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl'C, genda.02~August 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, BEVERLY T. FITZPATRICK, JR., was
reappointed as a Commissioner of the Roanoke Redevelopment and Housing Authority,
for a term ending August 31,2006.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHlXAgenda.02~August 5, 2002.Oaths.wpd
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the fifth day of August, 2002, BARRY W. BAIRD was appointed as a member
of the Virginia Western Community College, Board of Directors, for a term ending
June 30,2006.
Given under my hand and the Seal of the City of Roanoke this eighth day of
August, 2002.
City Clerk
N:\CKMHl~,genda.02Vkugust 5, 2002.Oaths.wpd
American Okinawan
Karate Association
ttall of Fame 1996
Eastern U.S.A.
International Martial
Arts Association
Hall of Fame 1996
Honored Guest &
Judging Official,
Hah Wei Chinese
Martial Arts Championship
in Cleveland Ohio,
Sifu Johnny Oon Promoter
1995
World Christian
Martial Arts
Hall of Fame 1995
World Head of Family
Sokeship Council
Hall of Fame 1995
World/vlartial Arts
Hall of Fame 1993
"Who's Who in the
Martial Arts Elite"
Karate International
Maga:ine 1992
"Who's Who in the
American Martial Arts"
1987
1" Degree: American
Karate - Professional
Karate Association
Joe Corley 1984
World Prof. Karate Org.
N.Y.C. Top Supermlddle
Weight Kickboxer & Penn.
Champion 19S0-82
2.Time U.S. Army
Karate & Stickfighting
Champion 1972-73
Ranks:
Imperial Dragon 3'a
Dan - Intrntl. Grand
Dragon Alliance
5'h Degree: American
Kenpo Karate - United
Kenpo Karate Assn.
5'h Degree: American
Studies ofTae Kwon
Do - International Tae
K',von Do Union: USA
Catlett School of Combat Art
Home of the National Champions: 'Team WlldcaP
ensei Joseph Catlett, Jr.
School Founder and Creator of 'Katsm-u' Style of I~ratc
7,_/o
SPt r