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HomeMy WebLinkAboutCouncil Actions 01-07-91REGULAR WEEKLY SESSION .... January 7, Bowies (30354) --ROANOKE CITY COUNCIL 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mr. Bowers was absent. The invocation will be delivered by The Reverend Jerry Campbell, Pastor, Greene Memorial United Methodist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by ~ayor Noel C. Taylor. PUBLIC REARINGS Public hearing with regard to proposed amendments to the Roanoke City Charter of 1952, as amended, relating to increasing the maximum penalty to be imposed for violation of ordinances, rules and regulations of the City from $1,000.00 to $2,500.00; and to eliminate pro- visions restricting the Municipal Auditor ta the con- duct of "post-audit, examinations and to specifically authorize the Municipal Auditor to "...perform Special reviews and conduct appraisals of managerial effec- tiveness and efficiency in the use of resources as requested by the Council., Adopted Resolution No. 30354-10791. The portion of the Public Hearing with regard to the Municipal Auditor was held in abeyance for a period of one year and referred to the City Manager for review and report to Council. CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND ~ILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE ~ILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM HILL BE REMOVED FRGM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. (i) C-1 C-2 C-3 C-4 C-5 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to Vacancies on various authorities, boards, Commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMEND ED AC T I ON: Concur in request for Council Go convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2. 1-344 (A) (1), Code of Virginia (1950), as amended. A Communication from Council ~ember David A. Bowers recom- mending adoption of a measure memorializing the late C. E. "Buck" Cuddy, who formerly served as Commonwealth,s 4ttorney for the City of Roanoke. RECOMMENDED ACTION: Concur in recommendation. A report of the City Manager outlining certain dates and a schedule of activities relating to the development of the City's fiscal year 1991-92 Community Development Block Grant Budget and Program. RECOMMENDED ACTION: Receive and file. A report of the City ,Manager transmitting "A Citizen's Guide to Municipal Services.,, RECOMMENDED ACTION: Receive and file. A list of items pending from July 10, 1990. 1978, to December 17, RECOMMENDED ACTION: Receive and file. C-6 Qualification of Messrs. Paul C. Buford anq John B. Ferguson as members of the City Planning Commission for terms of four years each, ending December 31, 1994. RECOMMENDED ACTION: ReceiYe and file. C-7 Qualification of Mr. Marc J. Small as a member of the Roanoke Public Library Board for a term ending June 30, 1993. RECOMMENDED ACTION: Receive and file. A request of Council Member Howard E. Musser for an ExecutiYe Session to discuss a personnel matter Specifically appointment of a public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. (2) e REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: a. A communication from the Roanoke City School requesting appropriation of funds to various accounts. Board school Adopted Ordinance No. 30355-10791. Reports of Officers: (6-0) a. City Manager: Brie_f_i_ngs: None. Items Recommended for Action: 1. A report recommending the transfer of $22,017.00 to the Roanoke City Health Department in order to continue funding for the part-time position of School Health Nurse Supervisor for fiscal year 1990-91. Adopted Ordinance No. 30356-10791. (6-0) 2. A report recommending execution of Amendment No. 3 to the Short Term Community Development Block Grant Float Loan Agreement between the City, Downtown Associates, and Dominion Bank, in order to provide for extension of the term of the loan for rehabilitation and redevelopment of the City Marke~t Building. Adopted Ordinance No. 30357-10791. (5-0 Mr. Fitzpatrick abstained from voting.) 3. A report recommending authorization to cancel the contract with Johnston-Vest Electric Corporation for replacement of air conditioning units and air handlers at the National Guard Armory, and approval to readver- rise the project. Adopted Resolution No. 30358-10791. (6-0) A report recommending reimbursement of $25,000.00 to Arden Associates L.P. from land option proceeds, and appropriation of $681,500.00 in land sale proceeds from the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 30359-10791 and Resolution No. 30360-10791. (6-0) (3) o A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Dominion Car LTD to lease one new window van for the Sheriff's Department, in the amount of $456.18 per mon th. Adopted Resolution No. 30361-10791. (6-0) 6. A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Delta Graphics, Inc., for 1,000 folding chairs for the Civic Center, in the amount of $32,750.00. Adopted Resolution No. 30362-10791. (6-0) Director of Finance: 1. A financial report for the month of NOvember, 1990. Received and filed. City Attorney: 1. A report relating to the City's solicitation ordinance. Adopted Ordinance Ho. 30363-10791. (6-0) 2. A report relating to offensive shows at the Roanoke Civic Center. Received and filed. Council Member Harvey suggested that the City Manager instruct the Manager of the Roanoke Civic Center to transmit a letter with each contract for use of the Civic Center setting forth applicable criminal laws and ordinances which apply to suspected unlawful conduct during performances. Reports of Committees: Minutes of the Audit Committee meeting which was held on Monday, December 17, 1990. Council Member David A. Bowers, Chairman. Received and filed. A report of the Roanoke Civic Center Commission recom- mending execution of an agreement with Tieketron to provide computerized ticketing service for tihe Roanoke Civic Center. Mr. John S. Edwards, Chairman. Adopted Resolution No. 30364-10791. (6~0) (4) 10. o 2. A report of the City ~lanager concurring in the above report. Received and filed. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 30345, on second reading, granting to Junior Achievement of Southwest Virginia, Inc., a revocable permit to mount certain flags on Street lighting poles in the Central Business District of the City, upon certain terms and conditions. Adopted Ordinance No. 30345-10791. (6-0) Ordinaace No. 30353, on second reading, providing for the sale and conveyance of a parcel of surplus City-owned pro- perty located at 306 Sixth Street, S. W. and bearing Official Tax No. 1112502. Adopted Ordinance No. 30353-10791. (6-0) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor Council. and ~embers of City The City Manager was requested to regard to budgeting for capital basis in the City's annual budget. b. ~cancies on various authorities, committees appointed by Council. Other Hearings of Citizens: report to Council with equipment on a regular boards, commissions and Mr. Gary Fleming, Vice-President, Grandin Court Elementary School PTA, requested that the Roanoke City Schools be exempt from the bingo and raffle ordinance recently enacted by Council; or that the ordinance be modified as it pertains to the Roanoke City Public Schools, and that the bingo and raffle form be simplified. The matter was referred to the Director of Finance for study, report and recommendation to Council. Certification of Executive Session (6-0) Appointed the following persons: Howard W. Childress, Sr. - Board of Building Code Appeals James W. Burks, Jr. - Roanoke Redevelopment & Housing Authority David C. Anderson ~ Fifth Planning District Commission Reappointed Robert C. Hudson to the Advisory and Appeal Board, Air Pollution Control. (5) Office of the City Clerk January 9, 1991 File #280 Mr. ~. Robert Herbert City Manager ~oanoKe, Virginia Dear M~r. ~lerbert: At the regular meeting of the Council of the City of Roanoke held on Monday, January 7, 1991, a public hearing was held with regard to a proposed amendment to the Roanoke City Charter of 1952, as amended, to eliminate provisions restricting the Municipal Auditor to the conduct of "post-audit" examinations and to speci- fically authorize the ,~unicipal Auditor to "...perform special reviews and conduct appraisals of managerial effectiveness and efficiency in the use of resources as requested by the Council." On motion, duly seconded and adopted, the matter was held ia abeyance for a period of one year and referred to you ~or review aud report to Council. Sincerely, ~~ Mary F. Parl~er, CMC/AAE City Clerk ~FP:ra Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk January 8, 1991 File #50-137 The Honorable J. Granger ~acfarlaae Member, Senate of Virginia Room 382, General AssemDly Building 910 Capitol Street Ric~moad, Virginia 23219 Dear Senator Macfarlane: I. am enclosing two copies requesting the 1991 Session of to enact certain amendments to amended. Resolution No. of the City of Roanoke January 7, 1991. of Resolution No. 303~4-10791 the General Assembly of Virginia the Roanoke Charter of 1952, as 30354-1079] ~as adoptea by the Council at a regular meeting held on Monday, Sincerely, ~4~L.~ ~4ary F. Parker, C~IC/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk January 8, 1991 File #50-137 The Honorable Clifton A. Woodrum, III ~ember, House of Delegates Room 810, General Assembly Building 910 Capitol Street Richmond, Virginia 23219 Dear Delegate Woodrum: amended. Resolution ~o. of the City of Roanoke January 7, 1991. I am enclosing two copies of Resolution No. 30354-10791 requesting the 199i Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as 30354-10791 was adopted by the Council at a regular meeting held on ~onday, Sincerely, ~/~~ Nary F. Parker, C~C/AAE City Clerk MFP: ra Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk January 8, 1991 File #50-137 The Honorable A. Victor Thomas Member, gouse of Delegates Room 814, General Assembly Building ~ Capitol Street Richmond, Virginia 23219 Dear Delegate Thomas: I am enclosing two copies of Resolution No. 30354-10791 requesting the 1991 Session of the General Assembly of Virgi~ia to enact certain amendments to the Roanoke Charter of 1952, as amended. Resolution No. 30354-10791 ~s adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, January 7, 199i. ,Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra ~C. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30354-10791. A RESOLUTION requesting the 1991 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January 7, 1991, at 2:00 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained inter alia, an informative summary of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1991 General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending subsection (32) of §2, Powers of the City, to read and provide as follows: (32) To make and enforce all ordinances, rules and regula- tions necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the vio- lation of such ordinances, rules and regulations, or any of them, by fine not exceeding one th~uo~.d two thousand five hundred dollars or imprisonment not exceeding twelve months, or both7. i-The city may maintain a suit to restrain by injunction t~e violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enu- meration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exer- cise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. 2. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1991 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as amended, to be put into the form of a bill to be introduced at the 1991 Session of the General Assembly. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL 13UILDING . ROANOKE, VIRGINIA 240~ 1-1595 ~ January 7, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Proposed amendments to City Charter Dear Mrs. Bowles and Gentlemen: City Council has consideration of two proposed amendments to the Roanoke Charter of 1952, as amended, before it today. As directed by City Council at its meeting of December 17, 1990, I have caused today's public hearing with respect to the proposed amendments to be properly advertised. The first amendment would amend subsection (32) of §2 of the City Charter to increase the maximum fine for violation of a City ordinance from $1,000 to $2,500. It will be recalled that the 1990 Session of the General Assembly increased the monetary penalties for Class 1, 2 and 4 misdemeanors. See §18.2-11, Code of Virginia (1950), as amended. By Ordinance No. 30173-72390, adopted July 23, 1990, City Council conformed the penalties under the City Code, to the new State Code maxi- mums for Class 2 and 4 misdemeanors. City Council could not, however, act with respect to the penalty for Class 1 misde- meanors under the City Code because of the $1,000 maximum established by subsection (32) of §2 of the City Charter. Amendment of this section of the City Charter by the 1991 Session, along with amendment of ~15.1-901 of the State Code which also limits the maximum penalty for violations of local ordinances, will clear the way for City Council to increase the maximum monetary penalty for a Class 1 misdemeanor under the City Code from $1,000 to $2,500. Given the inflation which has occurred since the misdemeanor penalties were last amended in 1975, it would appear to me entirely appropriate to raise the maximum monetary penalty for a Class 1 misdemeanor from $1 000 to $2,500. ' The second proposed amendment to the City Charter amends subsection (i) of §25.2, Municipal Auditor, to require that the Honorable Mayor and Members of City Council January 7, 1991 Page 2 municipal auditor "...perform special reviews and conduct appraisals of managerial effectiveness and efficiency in the use of resources as requested by the Council." This amendment utilizes the language circulated at the December 17, 1990, meeting of the Audit Committee. Because Charter amendments must be introduced on or before the first day of each Session of the General Assembly, the Council meeting of January 7, 1991, is the last opportunity for Council to act on these proposed amendments. For the conveni- ence of City Council, you will find that three resolutions are attached to this report. The first resolution (labeled "A") requests that the General Assembly make both amendments to the City Charter. The second resolution (labeled "B") requests that the General Assembly amend the City Charter with respect to the maximum penalty for violations of local ordinances only. The third resolution (labeled "C") requests that the General Assembly amend the City Charter with respect to duties of the Municipal Auditor only. With kindest personal regards, I am WCDJr:fcf Sincerely yours, Wilburn C. ~ibling, Jr. City Attorney Attachments CC: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Robert H. Bird, Acting Municipal Auditor Mary F. Parker, City Clerk NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to §15.1-835, Code of Virginia (1950), as amended, hold a public hearing on Monday, January ?, 1991, at 2:00 p.m., in the Council Chambers, Municipal Building, in said City, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as follows: GIVEN Amend and reenact subsection (32) of §2, POwers o~f the Cit~, to increase the maximum penalty to be imposed for violation of ordinances, rules and regulations of the City from $1,000 to $2,500. Amend §25.2, Municipal Auditor, to eliminate pro- visions restricting the Municipal Auditor to the conduct of "post-audit" examinations and to ~pecifically authorize the Municipal Auditor to · ..perform special reviews and conduct appraisals of managerial effectiveness and efficiency in the use of resources as requested by the Council." under my hand this 2~th day of December, 1990. NOTE TO PUBLISHER: Publish once on Monday, December 24, Send bill and publisher's affidavit to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 Mary F. Parker, City Clerk 1990. ~OTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to §1§.1-83§, Code of Virginia (1950), as amended, hold a public hearing on Monday, January 7, 1991, at 2:00 p.m., in the Council Chambers, Municipal Building, in said City, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as follows: Amend and reenact subsection (32) of $2, Powers o_f the City, to increase the maximum penalt--{'~-~ be imposed for violation of ordinances, rules and regulations of the City from $1,000 to $2,500. Amend §25.2, Municipal Auditor, to eliminate pro- visions restri~cting the MUnicipal Auditor to the conduct of "post-audit" examinations and to specifically authorize the Municipal Auditor to "-..perform special reviews and conduct appraisals of managerial effectiveness and efficiency in the use of resources as requested by the Council." GIVEN under my hand this __ day of December, 1990. NOTE TO PUBLISHER: Mary F. Parker, City Clerk Publish once on Monday, December 24, 1990., Send bill and publisher's affidavit to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 WILBURN C. DIBUNG, JR, CITY ATTORhlE y CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, V~RGINIA 24011-1595 December 19, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council' Roanoke, Virginia Re: Charter Amendments Dear Mrs. Bowles and Gentlemen: As a result of Council's action at the meeting of December 17, 1990, I have drafted the attached resolution requesting two more amendments to the City Charter. City Council may adopt this resolution after the public hearing with respect to these pro- posed amendments which has been scheduled for January 7, 1991, at 2:00 p.m. I am also enclosing a copy of a Notice of Public Hear- ing which I have prepared and which will be published in the Roanoke Times & World News at least ten days in advance of such public hearing. Finally, I am enclosing a copy of a letter which I have drafted to Senator Macfarlane explaining our tight time schedule and urging him to have a bill drafted for introduction on or before the first day of the Session as required by the State Code. Please contact me if you require any additional services this Office with respect to the proposed Charter amendments. With kindest personal regards, I am from WCDJr:ff Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Enclosures cc: W. Robert Herbert, City Manager iMary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION requesting the 1991 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January 7, 1991, at 2:00 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained i~nter a_lia, an informative Summary of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, Upon conclusion of such public hearing and Upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1991 General Assembly should be requested to amend this City's Charter As hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending subsection (32) of $2, Powers of the City, to read and provide as follows: (32) To make and enforce all ordinances, rules and regula- tions necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the vio- lation of such ordinances, rules and regulations, or any of them, by fine not exceeding ~= tLvuo~,d two thousand five hundred dollars or imprisonment not exceed'lng twelve months, or both7~ t-The city may maintain a suit to restrain by injunction t~e violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enu- meration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate to the exer- cise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. 2. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending $25.2, Municipal Auditor, to read and provide as follows: $25.2. Municipal Auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by $9 of this charter; provided, however, that the term of the municipal auditor first elected hereunder, if elected prior to the first day of September, nineteen hundred seventy-four, shall expire on the last day of September, nineteen hundred seventy-four, or at such time thereafter as his successor shall have been elected and qualified. (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be his duty to examine and audit all accounts, books and records of the city that reflect transactions involv- ing financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, said audit to be made in a timely manner or as pre- scribed by ordinance. (c) It shall be his duty to work closely with the director of finance in promulgation of systems and procedures employed in the accounting for revenue received and ex en city. P dltures made by the (d) When so directed by council, it shall be his duty to see to implementation of and to supervise all systems recom- mended to be established by independent public accountants making audits for city functions. (e) It shall be his duty to report to the council within sixty days after the close of the fiscal year a summary of the activities of his office during the preceding fiscal year. It shall be his duty to report to the council in writing within sixty days after the completion of an examination of any depart- ment, agency or activity of the city, a summary of all findings resulting from his examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (f) It shall be his duty to report immediately in writing to the city manager and to the Council any unauthorized illegal or irregular act or practice he discovers affecting or involving public funds or the financial affairs of the city. (g) In the performance of his aforesaid duties, he shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by him. (h) Subject to the provisions of $9 of this charter, he shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for. (i) The municipal auditor shall devote his full time and effort to ~s'~-audit examinations and reporting and shall re- ceive only such compensation as may be fixed for the position by ordinance of the council. reviews and conduct~raisalsFurthe-~rhe sha~ e~orm s ecial of ~-~i~ effectiveness and ~ffi~i~nc in the use of resources oanSre~ndi~' He shall not serve ~-~ any capacity Y lnlstrazlve board, commission, district, or agency of the city, county or the State nor shall he have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which he is responsible to audit or cause to be audited. He shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall he be directly responsi- ble for the handling or custody of state or local public funds. Neither he nor any member of his staff shall engage in or be associated with any partisan political activity or hold any other public office. He shall neither conduct nor supervise an audit or post- audit of any office, department, program or activity of the city of Roanoke for which he was responsible or in which he may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision. The council shall assign to him no administrative or other duties, except such as may be incidental to the objectives and functions of lm~m-t--auditing or such as do not act to impair the independence of his audits. 3. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1990 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as amended, to be put into the form of a bill to be introduced at the 1991 Session of the General Assembly. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CIT~ A?rORNI: y CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 240 ! 1-1595 December 19, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU HAND-DELIVERED The Honorable J. Granger Macfarlane Member, Senate of Virginia P. O. Box 201 Roanoke, Virginia 24002 Re: Amendments to Charter of the City of Roanok,, Dear Granger: Thank you for your agreement to handle the Charter amendments requested by City Council at the 1991 Session. I look forward to working with you in bringing this matter to a successful conclu- sion. You have previously received from the City Clerk a copy of Resolution No. 30305-111290 requesting three amendments to the City Charter. At the City Council meeting of December 17, 1990, City Council requested two additional amendments to the City Charter. The first increases the maximum penalty to be imposed for viola- tions of City ordinances from $1,000 ~o $2,500. This amendment simply conforms the City Charter to an amendment to the State Code made a~ the 1990 Session. The second amendment would authorize the municipal auditor to "...perform special reviews and conduc~ apprai- sals of managerial effectiveness and efficiency in the use of resources as requested by the Council." This relates, of course, to what are commonly referred to as performance audits. With this letter, I am enclosing a copy of a resolution to be considered by City Council after conducting a public hearing on January 7, 1991. This resolution will be advertised by publication as required by §15.1-835, Code of Virginia (1950), as amended. I am attaching a copy of a Notice of Public Hearing to be published in the Roanoke Times & World News. As you can see, we are on a very tight.time schedule since §30-19.1, Code of Virginia (1950), as amended, requires that all Charter bills be introduced on or before the first calendar day of any Session. Therefore, you may want to proceed to request the Division of Legislative Services to draft the necessary bill with the understanding that the bill will only be introduced if Council The Honorable j. Granger Macfarlane December 19, 1990 Page 2 adopts the required resolution after conduct of the public hearing on January 7, 1991. If the Division of Legislative Services would prefer to combine all the City's proposed Charter amendments in one bill, that would be fine. As Soon as you have a draft of a bill, I would appreciate your forwarding it to me for early review. Thanks once again for your kind assistance with these Charter amendments. With kindest personal regards, I am Sincerel[ yours, Wilburn C. Dibling, City Attorney Jr. WCD:ff Enclosures CC: The Honorable A. Victor Thomas, Member, House of Delegates The Honorable Clifton A. Woodrum, III, Member, HOuse of Delegates The Honorable Mayor and Members of City Council W~/~obert Herbert, City Manager ~fary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION requesting the 1991 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January ?, 1991, at 2:00 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained inte~ a__lia, an informative SUmmary of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1991 General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending subsection (32) of §2, ~owers of the City, to read and provide as follows: (32) To make and enforce all ordinances, rules and regula- tions necessary or expedient for the purpose of carrying into effect the powers conferred by this charter or by any general law, and to provide and impose suitable penalties for the vio- lation of such ordinances, rules and regulations, or any of them, by fine no~ exceeding ~ ~,~,~d two thousand five ~undred dollars or imprisonment not exceeding twelve months, or bothT~ %-The city may maintain a suit to restrain by injunction tee violation of any ordinance notwithstanding such ordinance may provide punishment for its violation. The enu- meration of particular powers in this charter shall not be deemed or held to be exclusive, but in addition to the powers enumerated herein implied thereby, or appropriate zo the exer- cise thereof, the said city shall have and may exercise all other powers which are now or may hereafter be possessed or enjoyed by cities under the Constitution and general laws of this state. 2. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending §25.2, Municipal Auditor, to read and provide as follows: §25.2. ~unicipal Auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by §9 of this charter; provided, however, that the term of the municipal auditor first elected hereunder, if elected prior to the first day of September, nineteen hundred seventy-four, shall expire on the last day of September, nineteen hundred seventy-four, or at such time thereafter as his successor shall have been elected and qualified. (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be his duty to examine and audit all accounts, books and records of the city that reflect transactions involv- ing financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, said audit to be made in a timely manner or as pre- scribed by ordinance. (c) It shall be his duty to work closely with the director of finance in promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (d) When so directed by council, it shall be his duty to see to implementation of and to supervise all systems recom- mended to be established by independent public accountants making audits for city functions. (e) It shall be his duty to report to the council within sixty days after the close of the fiscal year a summary of the activities of his office during the preceding fiscal year. It shall be his duty to report to the council in writing within sixty days after the completion of an examination of any depart- ment, agency or activity of the city, a summary of all findings resulting from his examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (f) It shall be his duty to report immediately in writing to the city manager and to the council any unauthorized illegal or irregular act or practice he discovers affecting or involving public funds or the financial affairs of the city. (g) In the performance of his aforesaid duties, he shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by him. (h) Subject to the provisions of ~9 of this charter, he shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for. (i) The municipal auditor shall devote his full ' effort t? PooL-audit examinations and re~ort~ ..... 31~ and celve on±y such compensation as may be fixed for the position by ordinance of the council. Furthers_he shall perform Special reviews and conduct a_~praisals of managerial effectiveness and ~/fi~i~c in the use of resources as r_~uested ~ council He shall not serv~ ~-~n an~-capacity on any administrativ~ board~ commission, district, or agency of the city, county or the State nor shall he have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which he is responsible to audit or cause to be audited. He shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall he be directly responsi- ble for the handling or custody of state or local public funds. Neither he nor any member of his staff shall engage in or be associated with any partisan political activity or hold any other public office. He shall neither conduct nor supervise an audit or post- audit of any office, department, program or activity of the city of Roanoke for which he was responsible or in which he may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision. The council shall assign to him no administrative or other duties, except such as may be incidental to the objectives and functions of Po~t-auditing or such as do not act to impair the independence of his audits. 3. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1991 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as amended, to be put into the form of a bill to be introduced at the 1991 Session of the General Assembly. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION requesting the 1991 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on January 7, 1991, at 2:00 p.m., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained inter alia, an informative summary of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1991 General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1991 Session to amend the Roanoke Charter of 1952, as amended, by amending §25.2, Municipal Auditor, to read and provide as follows: §25.2. Municipal Auditor. The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by §9 of this charter; provided, however, that the term of the municipal auditor first elected hereunder, if elected prior to the first day of September, nineteen hundred seventy-four, shall expire on the last day of September, nineteen hundred seventy-four, or at such time thereafter as his successor shall have been elected and qualified. (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be his duty to examine and audit all accounts, books and records of the city that reflect transactions involv- ing financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, said audit to be made in a timely manner or as pre- scribed by ordinance. (c) It shall be his duty to work closely with the director of finance in promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (d) When so directed by council, it shall be his duty to see to implementation of and to supervise all systems recom- mended to be established by independent public accountants making audits for city functions. (e) It shall be his duty to report to the council within sixty days after the close of the fiscal year a summary of the activities of his office during the preceding fiscal year. It shall be his duty to report to the council in writing within sixty days after the completion of an examination of any depart- ment~ agency or activity of the city, a summary of all findings resulting from his examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (f) It shall be his duty to report immediately in writing to the city manager and to the council any unauthorized illegal or irregular act or practice he discovers affecting or involving public funds or the financial affairs of the city. (g) In the performance of his aforesaid duties, he shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by him. (h) Subject to the provisions of §9 of this charter, he shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for. (i) The municipal auditor shall devote his full time and effort to ~u~t-audit examinations and reporting and shall re- ceive only such compensation as may be fixed for the position by ordinance of the council. Further~ he shall perform special reviews and conduct appraisals of managerial effectiveness and efficiency in the use of resources as requested by the council. He shall not serve in any capacity on any administrative board, commission, district, or agency of the city, county or the State nor shall he have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which he is responsible to audit or cause to be audited. He shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall he be directly responsi- ble for the handling or custody of state or local public funds. Neither he nor any member of his staff shall engage in or be associated with any partisan political activity or hold any other public office. He shall neither conduct nor supervise an audit or post- audit of any office, department, program or activity of the city of Roanoke for which he was responsible or in which he may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision. The council shall assign to him no administrative or other duties, except such as may be incidental to the objectives and functions of p~-t~auditing or such as do not act to impair the independence of his audits. 2. The City Clerk is directed to forthwith, as provided by §15.1-834, Code of Virginia (1950, as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1991 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as amended, to be put into the form of a bill to be introduced at the 1991 Session of the General Assembly. ATTEST: City Clerk. Office of the Mayor January 7, 1991 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. Sincerely, Noel C.~lor Mayor NCT:se ~ Room452 MunicipalOuilding 215Church Avenue. S.W..Roanoke, Virginia 24011 (703)981-2444 Office of the City Clerk January 9, i991 File #80-132 ~r. ~ilburn C. Dibling, City Attorney Roanoke, Virginia Jr, Dear Mr. Dibliag: At the regular meeting of the Council of the City of Roanoke held on Monday, January 7, 1991, Council Member David A. Bowers recom- mended the adoption of a measure memorializing the late C. E. "Buck" Cuddy, who formerly served as Commonwealth's Attorney for the City of Roanoke. 0~ ,notion, duly seconded and adopted, Council concurred in tl~e recommendation and requested that you prepare the appropriate Resolution for consideration sometime during the month of January, 1991. Sincerely, 7~4~L~~ Mary F. Parker, CMC/AAE City Clerk ~fFP : r a Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 Office of the Council January 2, 1991 The Honorable Mayor and Members of Roanoke City Council Roanoke~ Virginia Dear Mrs. Bowles and Gentlemen: Retired General District Court Judge James P. Brice has made a suggestion that Council consider a Resolution honoring the late C. E. "Puck" Cuddy, who served several terms as the Common- weaIth's Attorney for the City of Roanoke. I thought the Judge's suggestion was an e.~cellent one and~ with the concurrence of Council~ I would respectfully request that our City Attorney prepare an appropriate Resolution for our con- sideration sometime during January~ 1991. Sincerely, David A. Bowers Council Member DAB: sw cc: The Honorable James P. Brice, 840 Park Lane, S. W. Roanoke, Virginia 24015 Room 456 Municipal Building 2t5 C~urch Avenue, S.W Roanoke. ~rg~nia 2401 t (703) 981-254'1 Office of the City Clerk January 9, 1991 File #60-236~200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report outlining certain dates and a schedule of activities relating to the development of the City's fiscal year 1991-92 Community Development Block Grant Budget and Program, ~as before the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. On motion, duly seconded and adopted the report was received and filed. ' Sincerely, ~ Ma ry F. Parker, CMC/AAE City Clerk ~FP:ra pc: Mr. Barry L. Key, Manager, Office of ~anagement and Budget Ms. ~arie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Church Avenue, $.W. Roanoke, Virginia 24011 (703) 981-2541 January 7, 1991 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Taylor and Members of Council: Subject: Fiscal Year 1991-92 Community Development Block Grant Budget/Program Development Schedule For your information and future reference, I have attached a memorandum which was prepared by Ms. Marie Pontius, Grants Monitoring Administrator, which outlines the dates and schedule for activities relating to the development of the City's FY 91-92 Community Development Block Grant Budget and Program. This item requires no action of council as I merely wanted to keep you in- formed as to how we were proceeding on this very important community program issue. W. Robert Herbert City Manager WRH:EBRJr:mp Attachment cc: Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Ms. Marie Pontius, Grants Monitoring Administrator Mr. Barry L. Key, Manager, Office of Management and Budget FRO#: OATE: SUBdECT: CITY OF ROANOKE Interdepartmental CommnJcatton W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Assistant City Manager Po -' Marie T. n~lus, Urants Monitoring Administrator November 13, 1990 Schedule for FY 1991-92 CDBG Budget process Below is a preliminary schedule for the FY 1991-1992 CDBG budget process, for your information. By copy of this memo, I am sending this schedule to the directors, other members of the CDBG review committee, and interested staff. January 15 City-wide Citizen Workshop 1st Baptist Church o Review past accomplishments 310 North Jefferson Street o Receive requests for coming 7:30 p.m. year February 15 February 28, March ! & 6 March 8 April 18 April 22 May 6 May 13 May 15 June lg (est) June 24 Deadline for 1991-92 CDBG proposals Office of Grants Compliance Working meetings CDBG Review Committee Brief City Manager on Review Committee recommendations Citizen Administrative Public Hearing to review draft of Statement of Objectives Request City Council to set Public Hearing for 5/13/g! City Manager recommendation to City Council on CDBG program City Council public hearing and authorize City Manager to submit Statement of Objectives to HUD Submit Final Statement of Objectives to HUD City Manager's Conference Room City Manager's Conference Room 1st Baptist Church 310 North Jefferson Street 7:30 p.m. Council Chambers - 2:00 p.m. Council Chambers - 2:00 p.m. Council Chambers - 7:30 p.m. Office of Grants Compliance Receive approval of funds from HUD and Removal of Grant Conditions Request City Council to appropriate CDBG funds, authorize City Manager to sign Grant Agreement Council Chambers - 2:00 p.m. CC: Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Cit% Attorney William F. Clark, Director of Public Works James D. Ritchie, Director of Human Resources Kit B.Kiser, Director of Utilities & Operations George C. Snead, Director of Administration & Public Safety Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner Brian J. Wishneff, Chief Economic Development John R. Marlles, Chief Community Planning H. Daniel Pollock, Housing Development Coordinator Evelyn Gunter, City Planner Thomas Tasselli, City Planner Doug Chittum, Economic Development Specialist Stephanie Fowler, Neighborhood Partnership Coordinator Donna S. Norvelle, Human Resources Coordinator Michael Crew, Financial Analyst Barry Key, Manager Office of Management & Budget A:SCHEDULE.MEM Pending Items Referral Date 7/10/78 2/23/87 6/20/88 8/14/89 8/14/89 1/8/90 6/25/90 from July 10, 1978, Referred To City Manager Regional Cable Television Committee City Manager City Manager Trade and Convention Center Committee City Attorney City Manager City Attorney Director of Finance through December 17, 1990. Item Recommendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain - hotel.) Request of Cox Cable Roanoke for a renewal of their fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Mayor's 1989 State of the City Recommendation No. 10 establish linear parks with flowers, street scenes, benches and walkways at the proper points on both sides of the railroad. Mayor's 1989 State of the City Recommendation No. 12 - consider the conversion of the former Railway Passenger Station into a visitor's center if the property is made available to the City in the future. Requested to conduct a review of the City's Zoning Ordi- nance to determine if stronger regulations and management procedures are in order for certain zoning mat- ters. A communication from Vice- Mayor Beverly T. Fitzpatrick, Jr., with regard ta potential benefits of a labbyist to assist elected officials with certain projects which are important to the economic vitality of the City of Roanoke. -1- Pending Items from July 10, 1978, through December 17, 1990. ~efer~al Dat_~e Referred To Item 7/9/90 City Manager Director of Finance 7/9/90 City Manager 7/23/90 City Manager 7/23/90 City Manager 8/27/90 City Manager 8/27/90 City Manager Matter with regard to the Pay Plan for Roanoke City employees. Request of Mr. Ted H. Key, Executive Director, William- son Road Area Business Association, Inc., that the City fund the balance of $9,494.00 needed to complete the beautification land- scape project at Breckinridge Middle School. Request to provide a more conclusive report and recom- mendation with regard to an "Employee of the Year" Program as recommended by the Mayor. Request to submit a report and recorr~nendation to Council in conjunction with the realignment of Second Street/ Gainsboro Road and Wells Avenue to provide for the buying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." Requested to investigate the feasibility of instituting an "Adopt-A-Program,,an arrange- merit whereby businesses could fund a specific City program for a certain period of time. Communication from the South- western Virginia Building and Construction Trades Council expressing concern over the bidding process to be used for the expansion and renova- tion of the Hotel Roanoke. Pending Items ~eferral Date 9/17/90 9/17/90 9/17/90 9/17/90 9/24/90 10/8/90 10/22/90 from July 10, 1978, Referred To City Manager City Manager Mayor City Manager City Manager City Manager City Manager 1991-92 Budget Study through December 17, 1990. Item Mayor's 1990 State of the City Recommendation No. 1 - consider turning the Mill Mountain Star to an appro- priate color in recognition and in honor of our armed service personnel in the Middle East. Remarks of Barry L. Marsh, representing Roanoke Valley Swimming, Inc., with regard to the construction of an indoor swimming facility to be located between Fishburn Park Elementary School and Madison Middle School. Communication from Vice- Mayor ffoward E. ,~usser recom- mending the formation of a coalition of local government officials of southwest Virginia. Petitions in support of placing a large yellow ribbon on the Mill Mountain Star in recognition of the military personnel in the Persian G~lf. Request to report to Council with regard to parking for those City employees who work in the downtown area. Requested to report to Coun- cil with regard to adoption of a measure regulating cats running at large in the City. Remarks of Mr. Edmund A. Damus, 1920 Deyerle Road, S. W., with regard to increasing the annual income limit for persons to be accorded the elderly and disabled real estate tax freeze. -3- Pending Items ~eferral Date 11/5/90 11/12/90 11/19/90 11/26/90 12/17/90 12/17/90 from July 10, 1978, ~eferred To Audit Committee 1991-92 Budget Study City Attorney City Manager William White, Sr. James D. Ritchie William F. Clark City Manager City Attorney Director of Finance City Manager 1991-92 Budget Study City Manager through December 17, 1990. Item Matter of providing health care coverage for City retirees. The issue of instituting a modified ward system for Roanoke City Council. (P.H. set for Monday, January 14, 1991.) Bids to replace seven (7) security doors, frames and hardware at the Juvenile Detention Home. Matter with regard to the City's regulations on bingo operations. Petition with regard to neighborhood improvements in the 000 block of Allison Avenue, S. W. Matter with regard to budget- ing for capital expenditures in the fiscal year 1991-92 budget. -4- Office of the City Cterk January 9, 1991 File #15-200 Mr. Charles A. Price, Jr., Chairman City Planning Commission 3101 Willow Road, ~. ~. Roanoke, Virginia 24017 Dear a4r. Price: This is to advise you that Messrs. Paul C. Ferguson have qualified as members of Commission for terms of four years each, 1994. Buford and John B. the City Planning ending December 31, Sincerely, ~/~ Mary F. Parker C,~C/4AE City Clerk MFP:ra pc: Yr. John Commission R. ~arlles, Aqent/Secretary, City Planning Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703~ 981-2541 Office of the City Clerk January 9, 1991 File #15-323 Dr. Frank Eastburn, Chairman Roanoke Public Library Board 1810 Denniston Avenue, $. W. Roanoke, Virginia 24010 Dear Or. Eastburn: 'This is to advise you that member of the Roanoke Public 30, 1993. Marc J. Small Library Board for Sincerely, Wary F. Parker, City Clerk has qualified a term ending C~MC/AA E June MFP:ra pc: Ms. Beverly Bury, City Librarian Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 January 7, 1991 Honorable Mayor and Members of city Council Roanoke, virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City council convene in Executive Session to discuss acquisition of an interest in real property and disposition of publicly held property, specifically conveyance of a parcel of land in exchange for acquisition of a parcel of land for economic development purposes, pursuant to Section 2.1-344(A) (3), code of virginia (1950), as amended. ~ trulyy~S, ~ · ~everly T. F~-tzpatr' , - BTF/BJW:kds Office of the City Clerk January 9, 1991 File #60-467 Mr. Joel M. Schlanger Director of Finance ~oanoke, Virginia Dear Mr. Schlanger: I am attachi~tq copy of ©rdinance No. 30355-1~79I amending and reordaining certoia sections of the 1990-91 General and Grant Funas Appropriations, providing for appropriation of funds to certain school programs, viz: Flow Through Program, Child Development Clinic Program, Child Specialty Services Program, and Preschool Incentive Program; and also appropriating $296,720.~ for the ~utistic and ~ultihandicapped Regional Program. ,~rdinance No. 30355-10791 was adop~ed by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. ~ary F. Parker, CMC/AAE City Clerk ~FP:ra pc: Mr. ~. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 2~153 Or. Frank P. Tara, Superintenaent of Schools, P. ©. ~ox 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Cler~ of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA /be 7th Day of January, 1991. No. 30355-10791. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education $66 131 601 Instruction (1) ' ' ..................................... 48,716,963 Revenue Charges for Services $ 6,997,691 Education (2) ....................................... 2,405,845 Grant Fund Appropriations Education $17,017,921 Flow Through 1990-91 (3-6) .......................... 734,768 Child Development Clinic (7-9) ...................... 53,182 Child Specialty Services (10-12) .................... 66,231 Preschool Incentive Program (13-17) ...... ' ........... 64,743 Revenue Education Flow Through 1990-91 (18-19) ........................ Child Development Clinic (20) ....................... Child Specialty Services (21) ....................... Preschool Incentive Program (22) .................... $17,017,921 734,768 53,182 66,231 64,743 1) Special Ed. Tuition 2) Special Ed. Tuition 3) Teachers 4) Contracted Health Svcs. 5) Service Contracts 6) Supplies 7) Travel 8) Instructional Supplies 9) Equipment 10) Travel 11) Instructional Supplies 12) Equipment 13) Diagnostic Services (001-060-6001-6329-0312) (001-060-6000-0807) (035-060-6583-6453-0121) (035-060-6583-6553-0311) (035-060-6583-6553-0332) (035-060-6583-6553-0614) (035-060-6584-6554-0551) 035-060-6584-6554-0614) 035-060-6584-6554-0821) 035-060-6585-6554-0551) 035-060-6585-6554-0614) 035-060-6585-6554-0821) 035-060-6589-6553-0311) 14) In-Service 035-060-6589-6553-0129) 15) Social Security(035-060-6589-6553-0201) 16) Instructional Supplies 17) Instructional Equipment 18) State Grant Receipts 19) Federal Grant Receipts 20) State Grant Receipts 21) State Grant Receipts 22) Federal Grant Receipts 035-060-6589-6553-0614) 035-060-6589-6553-0821) 035-060-6583-1100) 035-060-6583-1102) 035-060-6584-1100) 035-060-6585-1100) 035-060-6589-1102) $ 296,720 296,720 13,635) 25,425 700 3,100 300) 150) 500 300) 150) 5O0 12,679 2,000 970 29,463 19,631 20,328) 35,918 50 50 64,743 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. DEPARTM~'NT OF FINANC~ CITY OF ROANOKE, VA. January 7, 1991 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for the Appropriation of Grant Funds for the School Board I have reviewed the attached report to appropriate funding for the School Board. This report will appropriate funds for four grants in the Grant Fund and additional grant funds in the General Fund. All of these grants are funded with 100% federal or state funding. I recommend that you concur with this request of the School Board. JMS/pac Attachment Charles W. Day Velma B. Self Thomas I. On' Frank P. Tol:a, Sup~ln~enden~: Rnn D. Plncus Richard L Kelley, Clerk of the Board '~l James M. Turner, Jr., Chairman Sallye T. Coleman, Vice Chairman Marllyn C. Curtis Roanohe City School Board P,O Box 13105, Roanoke, Virginia 24031 · 703-981-2381 December 19, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of December 18, 1990, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6583- $15,590.00 for the 1990-91 Flow Through program to provide aid for the education and guidance of handicapped students. The program will be one hundred percent reimbursed by state and federal funds. Grant No. 6584- $50.00 for the Child Development Clinic program to provide funds for the salary and expenses of the educational coordinator at the clinic. The program will be one hundred percent reimbursed by state funds. Grant No. 6585- $50.00 for the Child Specialty Services program tn provide funds for the salary and expenses of the educational coordinator. The program will be one hundred percent reimbursed by state funds. Grant No. 6589- $64,743.00 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. The program will be one hundred percent reimbursed by federal funds. The Board further requests $296,720.00 for the Autistic and Multihandicapped Regional Program for the placement of additional severely handicapped students at the Roanoke Valley Regional Program during the first semester. State revenue will cover the additional cost of this program. Excellence in Education Members of Council Page 2 December 19, 1990 The approval of these requests will be appreciated. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg CC: Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Office of the City Clerk Jaauary 9, 1991 File #60-22-467 ~]r. Joel M. Schla~[ger Director of Finance Roanoke, Virginia Dear Mr. Schlancler: ] am attaching copy of Ordinance No. 30356-10791 amending and reordaining certain sections of the 1990-91 General Fund Appropriations, providing for the transfer of $22,017.00 to the Roanoke City Eealth Department in order to continue funding for the part-time position of School Health Eurse Supervisor for fiscal year 1990-91. ~rdinance ¥o. 30356-10791 was adoptea by the Council of the City of Roanoke at a regular meeting bela on ~onday, January 7, 1991. Sincerely, ~._~__~ Mary I;. Parker, C~C/AAE City Clerk ~FP:ra Enc. pc: ~r. W. Robert Herbert, City Massager Yr. James D. Ritchie, Director of Human Resources ~s. Oonna S. Norvelle, Human Resources Coorainator ~r. Barry L. Key, ~anager, Gffice of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 {703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th Day of January, 1991. No. 30356-10791. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund ApPropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare State and Local Hospitalization (1) Health Department (2 3) ............... 1) Fees for Prof. Services 2) Subsidies 3) School Health Nurse (001-054-5330-2010) $(19,286) (001-054-5110-3700) ( 2,731) (001-054-5110-2017) 22,017 $13,675,439 20,934 1,038,441 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. January 7, 1992 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: CONTINUED FUNDING FOR SCHOOL HEALTH NURSING PROORA~ I. BACKGROUND A. Preventive health care servicen are limited to many school-aged children in Roanoke City due to their families' inability to pay the costs of medical care. Approximately 40% of the Roanoke City School population is considered economically disadvantaged. B. Roanoke City Health Department's Six Year Plan noted that the Roanoke City Health Department and Roanoke City Public Schools should increase their collaborative efforts to implement school health programs in a more efficient and effective manner. C. ~eed for a school health coordinator was identified in November 1988 by the Roanoke City School Health Advisory Committee which is composed of Citizens, City Health Department and Roanoke City School Representatives. Coordinated school health program to meet the health needs of children and youth enrolled in Roanoke City Public Schools has been implemented by the City Health Department, Roanoke City Schools and the Office of the Director of Human Resources in response to the Six Year Plan and recommendations from the School Health Advisory Committee. II. CURRENT SITUATION A. City's school health program is comprehensive and includes basic preventative health care services, abnormal finding follow up and counseling and referral services. B. Part-time school health nurse supervisor was hired by the Health Department in December 1989 to provide program coordination and supervision for the 5 part-time Chapter I nurses employed by Roanoke City Schools and the public health nurses assigned to schools. C. School health nurse~ provide valuable services including case management, vision, hearing, dental, and scoliosis screening, and immunization and record maintenance for Roanoke City Public School children. {They provide a link between the schools and parents in communicating medical concerns affecting the well-being of our City's children and youth.) The nurses accept referrals from school personnel regarding necessary medical opinions. Funding for the position of school health nurse supervisor was not included in the 1990-91 budget but the position has been continued on a month to month part-time basis pendin9 identification of funds to support it. Eo III. ISSUES }22,017 is available in the following accounts to continue funding the school health program for 1990-91: ~ccount #/Description Amount 001-054-5330-2010 State & Local Hosp. $19,286 001-054-5110-3700 Health Dept. Subsidies 2,731 Total $22,017 A. Services to citizens. B. Funding. C. Timing. IV. ALTERNATIVES Transfer }22~017 to the Roanoke City Health Department to establish a separate line item account #001-054-5110-2017 for the purpose of continuing the part-time position of School Health Nurse Supervisor. 1. Services to citizen~. Continued funding of the school health program would enhance the opportunities for the City school children and youth to receive necessary, preventative medical care through the schools. Coordination of the school health program would be enhanced. Fundin9. 001-054-5330-2010 State & Local Hospitalization 001-054-5110-2017 Health Department Subsidies Total Funds are available in the following accounts: $19,286.00 27731.00 $22,017.00 3. Timing. School health nurse coordinator position will continue with no interruption in the delivery of service. B. Do not transfer $22,017.00 to account #001-054-5110-2017. 1. Services to citizens. Discontinuation of the school health program coordination and supervision will have a negative impact on the quality of life of the City's children and youth. 2. Funding. Funding would not be an issue. 3. Timing. The position of School Health Supervisor will have to terminate for the remainder of this fiscal year. RECO~4ENDATION .City Council concur with Alternative A and transfer $22~017 to tho Roanoke Cit_~y_Health Department ~Account Number 001-054-5110-2017 f~ the followin~ accoun~-~: 001-054-5330-2010 001-054-5110-3700 Total $19,286.00 2~731.00 $22,017.00 WRH/JRD/DSN:gr Respectfully submitted, W. Robert Herbert City Manager cc: Wilburn Dibling, Jr., City Attorney Joel Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Dr. Donald Stern, Director, Roanoke City Health Department Ms. Diane S. Akers, Office of Management and Budget Ms. Donna S. Norvelle, Human Resources Coordinator Office of the City Clerk January 9, 1991 File #42-236 Mr. ~'. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30357-10791 authorizing exe- cution of Amendment No. 3 to the Short Term CDBG Float Loan Agreement, as amended by Amendment ~¥os. i and 2, with Downtown Associates and Dominion Bank, in order to provide for extension of the term of the loan, upon certain terms and conditions, in order to allow more time for developing of market leasing. Ordinance ~o. 3~357-10791 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. Wary F. Parker, CMC/AAE City Clerk MFP:ra ~nc. pc: Mr. Elbert H. W~ldron, Partner, Downtown Associates, P. ~. Box 20069, Roanoke, Virginia 24018-~503 Mr. Horace G. Fralin, Partaer, Downtown Associates, P. O. Bo~ 20069, Roanoke, Virginia 24018-0503 Mr. ~illiam F. Clark, Director of Public WorKs ~r. Brian J. ~ishneff, Chief of Economic Development Mr. John R. ,~arlles, Chief of Community Planning Ms. Marie T. Pontius, Grants ~onitoring Administrator Inc., Room 456 Municipal e~:~ ~!5 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th Day of January, 1991. No. 30357-10791. VIRGINIA, AN ORDINANCE authorizing the execution of Amendment No. 3 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1 and 2, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, Upon certain terms and conditions, and providing for an emergency. WHEREAS, November 5, November Development by the terms of a Short Term CDBG Loan Agreement dated 1987, and authorized by Ordinance No. 28850, adopted 1987, a loan in the amount of $982,000.00 in Community Block Grant funds was made to Downtown Associates for a two-year term, to provide for refinancing of the rehabilitation and redevelopment of the City ~arket Building; WHEREAS, Downtown Associates requested an extension of the loan period to November 23, 1990, in order to allow more time for developing of market leasing; WHEREAS, by Ordinance Nos. 29824-111389 and 30311-111990, adopted November 13, 1989, and November 19, 1990, respectively, City Council authorized the execution of Amendment Nos. 1 and 2 to the Agreement, such amendments providing for one year and sixty (80) day extensions of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 2 becomes due and payable on January 21, 1991, and Downtown Associates has requested a sixty (80) day extension of the loan Upon certain terms and con- ditions to allow more time for developing of market leasing. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, and the City Clerk are' authorized to execute and to seal and attest, respectively, for and on behalf of the City, Amendment No. 3 to the Short Term CDBG Float Loan Agreement, dated November 5, 1987, as amended, which Agreement provided for the loan of $962,000 in Community Develop- ment Block Grant funds to Downtown Associates, with interest at the rate of three percent (3%) per annum, payable in arrears, as amended; such Amendment No. 3 to be in the form as is attached to the report of the City Manager dated January 7, 1991, and to be subject to the terms and conditions therein; such Amendment No. 3 to be approved as to form by the City Attorney. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia January 7, 1991 Dear Members of Council: Subject: I. Background: Short Term Community Development Block Grant (CDBG) Float Loan Agreement, Downtown Associates - Amendment No. 3 City Council approved a short-term low-interest CDBG .loan, in the amount of .~962,000, to Downtown Associates by Ordinance No. 28850 on November 2, 1987, for the Market Building. Loan was to promote the creation and retention of jobs in the City Market Building. When originally granted, the loan assured the retention of 51 jobs. Currently there are 87 jobs provided within the Market Building, and 21-23 more anticipated. City has received 3% interest per year for three years or $86,580. Council extended the original two-year loan by one additional year by Ordinance 29824 adopted November 1989. ' 13, Council again extended the loan by 6__0days by Ordinance No. 30311-111990 on November 19, 1990. Loan is due January 21, 1991. II. Current Situation: ~owntown Associates and two other loan applicants have requested an extension of time to allow them to provide requested information to City staff. City's CDBG budget has the capacity to loan only $1,000,000 on a short-term basis, therefore all three loan requests cannot be satisfied. Downtown Associates is seeking assistance of a consultant to recommend improvements which wiT1 leased space in the Market Building. increase City staff will evaluate each of the three proposals to make a recommendation to Council, but additional time is needed. Members of Council page 2 III. Benefit to City Risk Impact on other CDBG projects Legal E. Funding IV. Alternatives: Authorize the City Manager to execute the attached amendment to the agreement among the City of Roanoke, Downtown Associates, and Dominion Bank N.A., extending to Downtown Associates a loan of $962,000 at three percent interest per year for sixty (60) additional days beyond the current due date of January 21, 1991 secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank. The closing of the loan extension will occur no later than 5:00 p.m. on January 21, 1991. Benefit to City is provided by time to evaluate proposals and assess the most productive use of CDBG funds. Risk to the City's CDBG program is minimal. The 'loan is secured by a letter of credit from Dominion Bank, and can be drawn down at any time the City requires funds for CDBG programs or administration. Impact on other CDBG projects is negligible. A sixty day delay in repayment will not affect current projects, and will not impact plans for those projects which have requested CDBG loan funds. Legal: The attached agreement was drafted by the City Attorney's office. Funding is available from the unexpended portion of the City's CDBG allocation. Do not authorize the City Manager to execute the attached amendment to the three-party, short-term, loan agreement. float Benefit to City is undetermined at this point. Downtown Associates would not be the recipient of the CDBG loan funds, but benefit would be Members of Council page 3 derived by providing loan funds at some future date to the two other projects. Risk would be determined by the other two projects, if funds were loaned to them. Impact o__~n other CDBG projects would be determined later. Legal aspects of the CDBG program would not change. Funding of current projects and programs would not be affected. Recc~aendation: It is recommended that City Council adopt Alternative "A" which will authorize the City Manager to execute the attached amendment to the agreement between the City of Roanoke, Downtown Associates and Dominion Bank N.A., extending to Downtown Associates a loan of $962,000 at three percent interest per year for a period not to exceed sixty (60) days beyond the current due date of January 21, 1991, secured by a note, and an unconditional and irrevocable letter of credit issued by Dominion Bank, N.A. The closing of the loan extension would occur prior to 5:00 p.m. on January 21, 1991. Respectfully submitted, W. Robert Herbert City Manager WRH/MTP attachment CC: Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Economic Development Chief of Community Planning Grants Monitoring Administrator Downtown Associates, Inc. B:MARKETLO.RPT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE authorizing the execution of Amendment No. 3 to Short Term CDBG Float Loan Agreement, as amended by Amendment Nos. 1 and 2, with Downtown Associates and Dominion Bank, in order to provide for the extension of the term of the loan, upon certain terms and conditions, and providing for an emergency. WHEREAS, November 5, November 2, Development by the terms of a Short Term CDBG Loan Agreement dated 1987, and authorized by Ordinance No. 28850, adopted 1987, a loan in the amount of $962,000.00 in Community Block Grant funds was made to Downtown Associates for a two-year term, to provide for refinancing of the rehabilitation and redevelopment of the City ~arket Building; WHEREAS, Downtown Associates requested an extension of the loan period to November 23, 1990, in order to allow more time for developing of market leasing; WHEREAS, by Ordinance Nos. 29824-111389 and 30311-111990, adopted November 13, 1989, and November 19, 1990, respectively, City Council authorized the execution of Amendment Nos. 1 and 2 the Agreement, such amendments providing for one year and sixty (60) day extensions of the short term CDBG float loan; and WHEREAS, the Note securing Amendment No. 2 becomes due and payable on January 21, 1991, and Downtown Associates has requested a sixty (60) day extension of the loan upon certain terms and con- ditions to allow more time for developing of market leasing. AMENDMENT NO. 3 TO SHORT TERM CDBG FLOAT LOAN AGREEMENT THIS AMENDMENT, entered into this 21st day of January, 1991, by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation chartered under the laws of the Commonwealth of Virginia (hereinafter the "City"), DOWNTOWN ASSOCIATES, a Virginia general partnership com- posed of Elbert H. Waldron and Horace G. Fralin (hereinafter "Downtown Associates"), and DOMINION SANK, NATIONAL ASSOCIATION (hereinafter "Dominion"). WHEREAS, the City, Downtown Associates, and Dominion have, by Short Term CDBG Float Loan Agreement dated November 5, 1987, con- tracted for the provision of short term financing to Downtown Asso- ciates; WHEREAS, pursuant to the authority contained in Ordinance No. 28850, adopted November 2, 1987, the City drew down $962,000 from its CDBG letter of credit with the Federal government, and pursuant to Agreement has loaned these funds to Downtown Associates for a period of two years; WHEREAS, and an unconditional date of November 20, WHEREAS, the Note the loan was secured by a Note dated November 23, 1987, and irrevocable Letter of Credit issued under 1987, by Dominion; became due and payable on November 23, 1989, and Downtown Associates requested a one (1) year extension of the loan Upon certain terms and conditions; WHEREAS, by Ordinance No. 29824, adopted November 13, 1989, City Council authorized the execution of Amendment No. 1 to the Agreement, such Amendment providing for a one year extension of the then exist- ing two year short term CDBG float loan; WHEREAS, the Note securing Amendment No. 1 became due and payable on November 23, 1990, and Downtown Associates requested a sixty (60) day extension of the loan upon certain terms and conditions; WHEREAS, by Ordinance No. 30311-111990, adopted November 19, 1990, Council authorized the execution of Amendment No. 2 to the Agreement dated November 5, 1987, as amended by Amendment No. 1, such Amendment No. 2 providing for a sixty (60) day extension of the short term CDBG float loan; WHEREAS, the Note securing Amendment No. 2 becomes due and payable on January 21, 1991, and Downtown Associates has requested a sixty (60) day extension of the loan Upon certain terms and conditions; and WHEREAS, By Ordinance No. , adopted January 7, 1991, City Council authorized the execution of Amendment No. 3 to the Agree- ment, dated November 5, 1987, as amended, such Amendment No. 3 pro- viding for a sixty (60) day extension of short term CDBG float loan. NOW, THEREFORE, the City, Downtown Associates and Dominion mutual- ly agree to amend the Short Term CDBG Float Loan Agreement, dated November 5, Paragraphs follows: 1987, as amended by Amendment Nos. 1 and 2, by amending 1. LOAN, 3. L~OAN TER~{S, and 4. LETTER OF CREDIT, as Credit with the Federal government funds in The amount of $962,000 provide short term financing to Downtown Associates for a period of two (2) years with interest at the rate of three percent (3%) per annum from the date of LOAN. The City has heretofore drawn from its CDBG letter of to 23, 1987, and for closing of the loan which an additional period of one (1) occurred on November year with interest at the rate of three percent (3%) per annum from the date of closing of the amendment to the loan which occurred no later than NOvember 22, 1989, and for an additional period of sixty (60) days with interest at the rate of three percent (3%) per annum through the date of closing of the amendment to the loan which occurred no later than November 23, 1990. In order to provide continued short term financing to Downtown Associates, the City agrees to extend the term of the loan for an additional period of sixty (60) days beginning January 21, 1991, and ending Harch 21, 1991, upon appropriate execution of a Note by Downtown Associates evidencing the indebtedness, and provision by Dominion, at the expense of Downtown Associates, of an unconditional and irrevocable Letter of Credit in the amount of $962,000, or amend- ment of said Letter of Credit, the Note and Letter of Credit, or amendment thereof, to be approved as to form by the City Attorney. The date and place of closing on the extension of the Loan shall be as mutually agreed upon by the parties, but shall occur not later than 5:00 p.m. on January 21, 1991. 3. LOAN TERMS. The terms of the Loan extension, including repayment, shall be as set out in the Note attached as Exhibit A hereto and incorporated herein (the "Note"). The Loan extension shall be subject to the due authorization, execution and delivery to the City by Downtown Associates of the said Note in the form attached hereto and of the Letter of Credit, or amendment thereof, described below. The City may, in its discretion, prior to extension of the loan, require the receipt of additional documents, duly exe- Cuted by the respective parties hereto, deemed advisable or necessary to further evidence or document the Loan or Letter of Credit, or which may be required by HUD. - 3 - 4. LETTER OF CREDIT. Dominion shall, prior to extension of the Loan, at the expense of Downtown Associates, deliver to the City a duly authorized and executed, unconditional and irrevocable Letter of Credit, in the amount of $962,000, in the form of the Letter of Credit attached hereto as Exhibit B (the "Letter of Credit"), or by amendment of a Letter of Credit previously accepted by the City, the form of the amendment attached hereto as Exhibit C. The Letter of Credit, or any amendment thereto, shall be drawn so as to be in effect for a period of at least thirty (30) days past the maturity date of the Note. All terms and conditions of the Short Term CDBG Float Loan Agreement dated November 5, 1987, as amended by Amendment Nos. 1 and 2, but not amended herein, shall remain unchanged and in effect. IN WITNESS WHEREOF, the parties hereby have duly executed this Amendment as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA Wary F. Parker, WITNESS: WITNESS: City Clerk By_ W. Robert Herbert, City Manager DOWNTOWN ASSOCIATES, INC. By__ Elbert H. Waldron, Partner (SEAL) ATTEST: By__ Horace G. Fralin, Partne~ DOMINION BANK, N. A. (SEAL) By ~itle: - 4 - STATE OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: I hereby certify that MARY F. PARKER and W. ROBERT HERBERT, City Clerk and City Manager, respectively, of the CITY OF ROANOKE, VIRGINIA, acknowledged their signatures on the foregoing Amendment No. 3 to Short Term CDBG Float Loan Agreement on this . day of , 19 My Commission expires: Notary Public - 5 - Exhibit A NOTE DOWNTOWN ASSOCIATES Amount: $962,000 Date: January 21, 1991 Downtown Associates, a Virginia general partnership, hereby promises to pay, upon demand, to the City of Roanoke, a Virginia ~nicipal corporation (The "City"), the principal s~n of NINE HUNDRED SIXTY-TWO THOUSAND DOLLARS ($962,000.00) which has been advanced to Downrz~za Associates by the City under the Short-Term CDBG Float Loan Agreement dated November 5, 1987, as amended, by the Short-Term CDBG Float Loan Agre~n~nt Amendment Nos. 1, 2, and 3, dated November 22, 1989, November 23, 1990, and January 21, 1991, respectively, by and among the City, Downtown Associates, and Dcminion Bank National Association (the "CDBG Float Loan AgToo merit"), as evidenced by a Note dated November 23, 1987, a Note dated Novenber 23, 1989, a Note dated November 23, 1990, and this Note, which s~n shall be paid to the City in full not later than March 21, 1991, unless the City shall have demand- ed payment prior to that date, and been paid in full. Downtown AssOciates shall pay the City interest beginning on the date of this Note at the rate of three percent (3~) per annum on the amount of the principal remaining unpaid. Interest only shall be due and payable monthly in arrears beginning February 1, 1991. Payment shall be made in legal tender at the Offices of the City's Director of Finance, Room 461, MUnicipal Building, 215 Church Avenue, Roanoke, Virginia, or, at the option of the holder, in such manner and at such other place in the City as the holder shall have designated in writing to Downtown Associates. This Note is issued pursuant to the CDBG Float Loan Agreement dated Nove~r 5, 1987, as amended by the Short-Term CDBG Float Ix)an Agreement Amendment Nos. 1, 2, and 3, dated November 9.2, 1989, Nove~r 23, 1990, and January 21, 1991, respec- tively, by and an~ng the City of Rx)anoke, Do~at~ ~ss~iates, and E~nion Bank National Association. Downtown Associates shall use the proceeds hereof solely for purposes related to the refinancing of the rehabilitation and develo~nent of City Market Building, and such prof--s shall not be put to any other use. This note will be accepted by the City only if accompanied by a Letter of Credit, or ~unenc~nt thereto, frcm Do~nion Bank National As~iation guaran- teeing payment of the principal hereof upon d~m~nd by the City. The City shall have the right at any time ~o d~,~ nd pa~nent in full or in part of the principal, ~3gether with accrued interest, which shall be paid, with interest due, not later than ten (10) days after d~%~nd for such payraent has been made upon Downtown Associates pursuant to the CDBG Float Loan Agreement dated November 5, 1987, and this Note. This Note can be prepaid without penalty at any tJ~ne. ~'nis Note shall be governed by and construed in accordance with Virginia law. WITNESS our hands and seals the day and year first above written: Witness: EOWNTOWN ASSOCIATES - By_ (SEAL) Witness: Horace G. Fralin, Partner (SEAL) Elbert H. Waldron, Partner BZN~FICIARy: City of Roanoke Hunicipal Building, Room ~6~ ~oanoke. Virginia 2~011 Attn: W. l~bert Herbert, City'Manager DAT~ OF ISSUe: November 22, 1989 EXPIRY DAT~: December 31, 1990 ISSUING BANK: Exhibit B DOKZN~ON BANK, National Association International Division 201S. Jaffarson Street Roanoke, VA 24011 APPLICANT: Downtoun Aasociatee P.O. Box 20069 Roanoke, Virginia 24018-0503 ISSUING BANK NO.: S06904 AHOUh~: $ 962,000.00 ( Nine Hundred Sixty Two Thousand and 00/100 U.S. Dollars) We hereby i~sue chis irrevocable standby letter of credit in the beneficiary's favor which is available for payment of the beneficiary's sight drafts drawn on Dominion Bank, National Association, Roanoke, VA bearing the clause: "Drawn under Dominion Bank, National Association credit no. acco~anled by the following documents: -Your siFaed declaration addressed to Downtown Associates, P.O. Box 20Q69, Roanoke, Virginia 24018-0503, stating: '~;e certify chac the City of Roanoke has ~ade demand of Downtown Associates for the repayment ia whole or in part of the sum advanced Downtown Associates in accordance with the Short-Term CDBG Float Loan Agreement dated November 5, 1987, Amendment No. 1, and the Note executed in accordance therewith, and chac such sum has not been paid." Drafts drawn under chis standby letter of credit must be acco~panied by the original standby letter of credit. We hereby undertake to honor all drafts drawn under and in co~pliance ~ith the terms of this letter of credit, presented Co ua by the beneficiary. (Authorized Si~nature) BEXEFICIARY. City of ~,oenoke ,'Iuni¢ipal Building, Room 364 F, oanoke, Virginia 24011 ALtn: 1~. Robert Herbert, AMENDMENT OAT~ AMEKD:fENT NO.. 1 [4e hereby a as follows: City ~nager Exhibit C ISSUING BAA~ DOMINION BA~, National Association International Division 201S. Jefferson Street Roanoke, Virginia 24011 APPLICANT: DownLown Associates P.O. Box 20069 Roanoke, Virginia 24018-0503 AMENDMENT DATE: November 20, 1990 ISSUING BA$~ NO.: S06904 ISSUAKCE DATE: November 22, 1989 %4e hereby amend the terms of our above referenced Irrevocable Letter of Credit -Expiry date is now February 28, 1991 All other ter~m and conditions remain unchanged. This letter is to be attached to and become an integral par= of th~ original credit inetrunent. f __ Office of the City C~erk January 9, 1991 File #122 ~,~_r. ~'. Robert Herbert City ~4attager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30358-10791 cancelling the contract with Johnston-Vest Electric Corporation for replacement of two 30-ton air conditioning units and air handlers at the ~a~ional Guard Armory, and aut~orizing the readvertising of the project. Resolution No. 30358-10791 bas adopted by the Council of the City of Roanoke at a regular meeting held on ~on~ay, January 7, 1991. ' Sincerely, ~/~ Mary .~. Parker, CMC/AAE City Clerk MFP:ra pc: Ur. James S. Hopkins, Johnston-Vest Electric Corporation, 2630 Rosalind Avenue, S. ~'., Roanoke, Virginia 24014 Mr. William F. Clark, Director of Public i~orks ~r. Charles M. Huffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician ,¥~s. Dolores C. Daniels, Assistant ~o the City Manager for Community Affairs Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th Day of 0anuary, 1991. No. 30358-10791. A RESOLUTION cancelling the contract with Johnston-Vest Electric Corporation for replacement of two (2) 30-ton air con- ditioning units and air handlers at the National Guard Armory, and authorizing the readvertising of the project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. In accordance with the recommendation set forth in the report of the City Manager to this Council dated January 7, 1991, the contract with Johnston-Vest Electric Corporation in the amount of $30,362.00 for the replacement of two (2) 30-ton air conditioning units and air handlers at the National Guard Armory is hereby CANCELLED. 2. The City Manager or Assistant City Manager, and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, any documents which may be necessary to effectuate the cancellation of this contract, such documents to be in such form as approved by the City Attorney. 3. The City Manager is hereby authorized to review the plans and specifications for this project and make the necessary revisions thereto in order to readvertise this project. ATTEST: City Clerk. Roanoke, Virginia January 7, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Council Report Cancellation of Contract with Johnston-Vest Electric Corporation Air Conditioner Replacement National Guard Armory I. Back~round: Bids were received on June 1, 1990 for replacement of two (2) 30-ton air conditioning units and air handlers at the National Guard Armory. Three (3) bids were received with Johnston-Vest Electric Corporation submitting the low bid in the amount of $38;769.00. All bids exceeded available funding. Negotiations were conducted with the low bidder and on June 25, 1990. City Council approved the contract with Johnston-Vest in the amount of ~30~362.00, Resolution No. 30120-62590. II. Current situation: Three (3) different "Notice to Proceed" letters were sent to the contractor with two of those being rescinded because of the use of the Armory by the movie company. The last letter was to proceed by November 19, 1990. When work did not start on that date, an officer of Johnston-Vest advised that the bank had foreclosed on the business. The officer also advised that Johnston-Vest would no longer be in business after November 30, 1990, and that it would be unable to fulfill its contractual obligations to the City. Contract did not require the posting of a performance bond by the contractor. Because of the lack of the contractor's ability to perform under the contract, the contract with Johnston-Vest Electric Corporation, in the amount of $30~362.00, should be cancelled and the project readvertised for bid. Suit can be filed against Johnston-Vest for damages arising out of non-performance of the contract. Since company has been foreclosed upon, existence of assets is in doubt. Page 2 III. A. Contractor's ability to perform B. Timing IV. Alternatives Authorize City Manager to officially cancel contract with Johnston-Vest Electric Corporation and readvertise project. 1. Contractor's ability to perform: It has been established that the contractor who was awarded the contract (Johnston-Vest Electric Corporation) cannot meet its obligations as they are no longer in ~usiness. 2. Timing: Project needs to be readvertised immediately in order to ensure replacement of the ail'conditioning units before the spring, 1991. Bo Do not authorize cancellation of the contract. 1. Contractor's ability to perform is the same as noted in IV. A. (1) above. 2. Timing: Air conditioning units will not be replaced by the spring, 1991. Vo Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Bo ~uthorize the City Manager to cancel the contract with Johnston-Vest Electric Corporation, in the amount of $30~362.00, to provide and install air conditioning at the National Guard Armory in accordance with the contract docu- ments as prepared by the City Engineer's office. Approve the readvertising of this project so the National Guard Armory may have dependable air conditioning during the coming summer. Page 3 WRH/LBC/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Citizen's Request for Service Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk Ja/~uary 9, 1991 File #2-207 .Ur. W. Robert Herbert City .~lanaqer RoanoKe, Virginia i~ear :~ir. Herbert: I am attaching cody of Resolution No. 30360-10791 authorizing reimbursement in the amount of $25,000.00, to Arden Associates, L.P., of a portion of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for industry and Technology. Resolution No. 30360-10791 ~s adopted by ti~e Council of the City of Roanoke at a regular meeting held on ,~onday, January 7, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. pc: ~r. Alan Officer, Virginia ~r. Mr. ~r. ~r. T. Lingerfelt, P.E., Chairman and Chief Lingerfelt, 12 South Ti~ird Street, 23219 Joel M. Schlanger, Director of Finance · illiam F. Clark, Oirector of Public WorKs Cl~arles ~. Hu~fine, City Engineer 8rian J. Wishneff, Chief of Economic Development Kit B. Kiser, Director of Utilities and Operations Barry L. Key, Executive Richmond, ~a~age r , ~,~ ' ~£~ice of ~anagement and Budge~ Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th Day of January, 1991. No. 30360-10791. VIRGINIA, A RESOLUTION authorizing the reimbursement to Arden Associ- ates, L.P., of a portion of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to reimburse Arden Associates, L.P., $25,000.00 of the purchase price paid by Arden Associates, L.P., for Parcel 4 in the Roanoke Centre for Industry and Technology, in accordance with the recommendation contained in the report of the City Manager, dated January 7, 1991. 2. The City Manager is also authorized to execute any docu- ments in such form as approved by the City Attorney which may be necessary to effectuate the purposes of this resolution. ATTEST: City Clerk. Office of the City Clerk January 9, 1991 File #66-2-207 Mr. Joel .~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger I am attaching copy of Ordinance No. 30359-10791 ame~tding and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the tra,tsfer of Sb81,5oO.uO in land sale proceeds from the Roanoke Centre for Industry and Technology, in connection with development of a parcel of land in the Roanoke Centre for Industry and Technology by Arden Associates, L.P. Ordinance No. 30359-16791 was adopted by tae Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. Sincerely, ~~ Mary F. Parker, C~IC/AAE City Cleric MFP:ra Enc o pc: Mr. ~. Robert Herbert, City Manager Yr. William F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City ~ngineer Mr. Brian J. ~ishneff, Chief of Economic Development ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Gffice of Management and Budge~ Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 IN THE COUNCIL OF THE CITY OF ROAnOKe, VIRGINIA The 7th Day of January, 1991. No. 30359-10791. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 Capital Fund ApPropriations, be, and the Same are hereby, amended and reordained to read as follows, in part: General Government RCIT Addition - Property (1) ....................... Revenue $6,140,944 3,621,500 Account Receivable - Elizabeth Arden - Option (2).. 1) Approp. from General Revenue (008-052-9629-9003) $ 681,500 2) Accounts Rec. - Elizabeth Arden (008-1249) (681,500) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. this ATTEST: City Clerk. January 7, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: subject: Reimbursement to Arden Associates L.P. and Appropriation of Land Sale Proceeds From the Roanoke Centre for Industry and Technology (R.C.I.T.) I. BACKGROUND ao Bo Ordinance Number 29938-22690 was adopted by the Council of the City of Roanoke on February 26, 1990 authorizing the execution of an Option for the sale of Parcel 4 (Tax Map Number 7210101) in the R.C.I.T. to Elizabeth Arden Company and authorizing the execution of the requisite deed conveying such property. As a result, only one available industrial site remains in the current R.C.I.T. Consideration of $25,000 for the option was paid to the City on February 21, 1990 to be applied to the purchase price at closing. Purchase Price of $706,500 was calculated using the negotiated figure of $25,000 per acre for 28.26 acres. Elizabeth Arden Company assigned their rights to the Option to Arden Associates L.P. on November 16, 1990 as provided for under the conditions of the Option. II. CURRENT SITUATION Arden Associates L.P. discovered that the previously recorded acreage of 28.26 acres which was used in negotiations with Elizabeth Arden Company was in error. An amended plat had been recorded on June 11, 1990 showing 27.26 acres as the correct acreage. This discrepancy was revealed several days prior to closing. Closing on the property was accomplished on November 16, 1990. Rather than delay closing so that the sales price could be adjusted to $681,500, reflecting a $25,000 reduction due to the reduction of one acre, Arden Associates L.P. elected to close as scheduled in order to begin construction on the site. January 7, 1991 Page 2 Arden Associates L.P. has now requested that the City reimburse them $25,000 to reflect the correct purchase price of $681,500 ($25,000 x 27.26 acres). Infrastructure Improvements are needed to facilitate industrial development in the recently purchased 141 acre addition to the original R.C.I.T., known as R.C.I.T. Addition. Only one available industrial site remains in the original R.C.I.T. III. ISSUES A. Good Faith B. Economic Development IV. ~LTERNATIVES ao Authorize the City Man~ger to reimburse Arden Associates L.P. $25,000 from land option proceeds received on February 21, 1990, and City Council appropriate land sale proceeds in the amount of $681,500 received on November 19, 1990 to Account Number 008 052 9629 9003 in the Capital Projects Fund titled "R.C.I.T. Addition" Property. ~ood Faith negotiations took place between the City and Elizabeth Arden Company, and $25,000 per acre was the mutually agreed upon sales price of the land. It is important that the City uphold the spirit of the negotiations. 2. Economic Development would be enhanced in the City by the further development of the R.C.I.T. New jobs would be created as well as an increased tax base for the City. Do not authorize the City Manager to reimburse Arden Associates L.P. $25,000 and appropriate $681,500 for the development of the R.C.I.T. Addition. 1. Good Faith negotiations will be breached by the City. 2. Economic Development opportunities will be missed. January 7, 1991 Page 3 V. RECOMMENDATION Recommend Alternative A authorizing the City Manager to reimburse Arden Associates L.P. $25,000 and City Council appropriate $681,500 for the development of the R.C.I.T. Addition. Respectfully Submitted, W. Robert Herbert City Manager WRH:EDC/lmb cc: Assistant City Manager City Attorney Director of Finance City Engineer Director of Utilities & Operations Chief of Economic Development Office of the City Manager November 15, 1990 Mr. Alan T. Lingerfelt, P.E. Chairman and Chief Executive Officer Lingerfelt 12 South Third Street Richmond, VA 23219 Dear Alan: I have been notified that there is a discrepancy of one acre between the description of Parcel 4 in the Option Agreement between the City and Elizabeth Arden Co., and the actual plat of Parcel 4 (official Tax Map No. 7210101) as recorded in the City of Roanoke Map Book. I understand that the purchase price of $706,500 in the Option was calculated using the negotiated figure of $25,000 per acre for 28.26 acres. The parcel as recorded in the Map Book actually contains 27.26 acres. I also understand the immediate need for you to close on this property so that you may begin construction of Elizabeth Arden's facility. Therefore, I will recommend to City Council that you be reimbursed $25,000 to reflect the correct purchase price of $681,500. I anticipate making this recommendation to City Council on November 26, 1990. Good luck on this exciting project. Sincerely, W. Robert Herbert City Manager WRH:EDC/lmb Room 364 Mun,clpal Bu~lclincj 215 Church Avenue S W Roanoke V~g,nla 24011 (703) 981-2333 Office of tile City Clerk January 9, 1991 File #121 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30361-10791 accepting the bid of Dominion Car LTD for the lease of a new winaow van for use Dy the Sheriff's Department, at a monthly rate of $456.18, for a term of 48 months. Resolution No. 30361-10791 ~s adopted by the Council of the City of Roanoke at a regular meeting I~eld on Monday, January 7, 1'991. Sincerely, ~~ Mary F. Parker, CMC/A~4. E City Clerk ~FP : ra Enc. pc: The Honorable ~. Alvin Hudson, City Sheriff Mr. George C. Snead, Jr., Director of Administration Public Safety ~r. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City Clerk January 9, 1991 File #121-472 Hr. Andrew F. Kapla~ Vice-President Dominion Car Company 1259 East ~ain Street Salem, Virginia 24153 ~ear Hr. Kaplan: I am enclosing copy of ~esolution No. 30361-10791 accepting the bid of Dominion Car LTD for the lease of a new window van for use by the Sheriff's Department, at a monthly rate of $456.18, for a ~erm of 48 months. Resolution No. 30361-10791 ~a$ adopted by the Council of the City of Roanoke at a regular meeting held on ~ondoy, January 7, 1991. Sincerely, p~j~ ~4ary F. Par~er, C~C/AAE City Cler~ ~FP : r a Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk January 9, 1991 File #121-472 ~r. Charlie Pickle Fleet gales Representative ~agic City Motor Corporatiort 809 ~illiamson Road, ~. ~. Roanoke, Virginia 24028 Dear Mr. Pickle: I am enclosinq copy of Resolution No. 30361-10791 accepting the bid of Dominion Car LTD for the lease of a new window van for use by the Sheriff's Department, at a monthly rate of $456.18, for a term of 48 months. Resolution No. 30361-10791 was aaopted by the Council of the City of Roanoke at a regular meeting held on ~onday, January 7, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above described vehicle. - ~FP:ra Eno. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 by by accepting IN THE COUNCIL OF THE CITY OF ROANKE, VIRGINIA, The 7th Day of January, 1991. No. 30361-10791. A RESOLUTION providing for lease of a new window van for use the Sheriff's Department, upon certain terms and conditions, a bid made to the City for the lease of such vehicle. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Dominion Car LTD offering to lease to the City for use by the Sheriff's Department one new window van at a monthly rental rate of $456.18, for a term of 48 months, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue any required purchase order for the lease of such vehicle, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required lease agreement with respect to the aforesaid vehicle, any such agreement to be in such form as shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Leasing of one New Window Van for Sheriff's Department Bid Number, 90-11-55 This is to concur in the Bid Committee's recommendation for Leasing of a Window Van for the Sheriff's Department. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Leasing of One {1} New Window Van for Sheriff's Department Bid Number, 90-11-55 I. Back_q~ound II. Re~_qested Window Van ~3~_e Vehicle is necessary for transportation of prisoners as required by the Sheriff's Department. ~pecif%catipns were_develo/~e4 and, along with request for quotation, sent to nine (9) Firms currently listed on the City's Bid List. This request was also published in the Roanoke Times and World News on November 18, 1990. All bids receiyed, after due and proper advertisement, were publicly opened and read at 2:00 p.m. on December 4, 1990 in the Office of the Manager of General Services. Current S~_i~uation ~W9__~__._~ve_gdo~r~ responded to the request for bids. Bid tabulation is attached. B%~re~yg~ were evaluated in a consistent manner by the following: City Sheriff Manager, Motor Vehicle Maintenance Manager, General Services The lowest bid submitted by Dominion Car LTD meets all required specifications for the cost of $456.18 per month. Window Van for Sheriff's Department Bid No. 90-11-55 Page 2 III. Issues IV. A. Nee~ B. Compliance with Specifications C. Expense Reimbursement D. Fund ~lter_natives ~qSg~ ~9_.L~W~g_~__Big to lease One (1) New Window Van for the Sheriff's Department for a period of 48 months from Dominion Car LTD for the cost of $456.18 per month. ~ged - Requested vehicle is necessary to perform required duties of the Sheriff's Department. Compliance wit~_~ecifications - The bid submitted by Dominion ~ar LTD meets all required specifications. Sx--P-en~s~-Reimbursement - The State of Virginia will reimburse at .2441 per mile for this vehicle· F__un_d__Avai!~b~3~.t3 - Funds are available in the Sheriff's Equipment Rental Account # 001-024-3310-3070. E. R e j e ¢~t_ ~A_I~I_ _B_i d~ _s N~ed - The support for required duties of the Sheriff's Department would not be accomplished. Compliance with Specifications - would not be a factor in this alternative. E~x_pense Reimbur_s_ement would not be a factor in this alternative. Fund Availability - Funds available for this expenditure would not be expended. Window Van for Sheriff's Department Bid Number 90-11-55 Page 3 Recommendation CouDcil concu~ with Alternative "A'~ - accept the lowest bid to lease One (1) New Window Van for the Sheriff's Department for a period of 48 months as submitted by Dominion Car LTD for the cost of $456.18 per month. B. R__e_~ect oth____er Bi~d. cc: Respectfully Submitted, Committee: City Attorney Director Sheriff, W. Alvin Hudson D. Darwin Roupe ~ of Finance REQUEST FOR QUOTATION CITY OF ROANOKE, VIRGINIA November 15, 1990 TO: Dominion Car Ltd. 1259 E. Main St. SIGNED BY: Salem, Va. 24153 ~r of Firm} ~x~ BID NUMBER: BID OPENING DATE: BID OPENING TIME: 90-11-55 December 4t 1990 2:00 p.m. 2~ 3. INSTRUCTIONS Submit quotation on this form, filling in all spaces. All prices are to be quoted f.o.b, delivered, Roanoke, Virginia. Terms and delivery date must be specified, as they will be considered in the award of this bid. Bids will be evaluated by considering price, quality, workmanship, economy of operation, and suitability for intended purpose. All bids must be signed by a member of the responding firm. Bid number, bid opening date and time must be marked on outside of sealed envelope containing the bid. Descriptive literature must accompany any bid not meeting exact specifications. Remittance address must be specified if other than the address shown above. The City reserves the right to reject any or all bids, to waive informalities, and to purchase any part of, or the whole of, the items listed in this bid. 10. All price extensions are to be shown on attached bid. TERMS: DELIVERY: REPLY TO: City of Roanoke Office of General Services Room 167, Municipal Building Roanoke, Virginia 24011 QUESTIONNAIRE FOR 8 PASSENGER WINDOW VAN FAILURE TO ANSWER ALL QUESTIONS AND RETURN WITH SUBMITTED BID MAY BE CAUSE FOR DISQUALIFICATION OF THE BID. WILL UNIT BID MEET ALL SPECIFICATIONS? YES: NO: MA~E: OFDiDC~_ MODEL: %LgO ENGINE: SIZE: ~1~ N-~) ~ORSEPOWER: ~O EPA ~TING: CI~: ~ HIG~AY: ~(~ OVE~LL: L~S~ ~D~ ~EELBASE: % ~q B~ES: ~ TIRES: ~E SIZE: ~%~ ~]~ DELIVERY OF THE ABOVE NEW EQUIPMENT WILL BE MADE WITHIN ~O-qO DAYS FOLLOWING RECEIPT OF ORDER. LEASE PRICE PE~ MONTH (AS SPECIFIED): SIGNED: ~ DATE: BID FORM FOR r.~ASE/PURCHAS~ OF 8 PASSENGER WINDOW VAN BID NUNBER 90-11-55 To the City of Roanoke, Virginia: In compliance with the request for bids, and subject to all specifications and conditions thereof, dated November 15, 1990, the undersigned offers to furnish and deliver to the City of Roanoke the equipment as quoted below: To Lease/Purchase One-New 8 Passenger Window Van, Gasoline Engine, as per the City of Roanoke specifications for a period of 48 months with no residual cost at the end of the period. Cost per month ~er unit Delivery of the above equipment to be within ~0'~Ocalendar days after receipt of purchase order. DODGE / PEUGEOT / ALFA-ROMEO This addendum constitutes an integral part of our bid on this vehicle. The lease document to be used is identical to the one currently on file for the 2 1989 Dodge Vans currently leased to you by our Affiliated leasing Co., Abba Leasing. The corrections and modifications your legal department made to this lease 2 years ago are acceptable to us. The lease vehicle mill be registered and titled in the name of the City of Roanoke (or the appropriate department per your mishes). The City therefore is the registered omner of the van. Abba Leasing Company mill be the lien holder on this title. This arrangement is exactly bom it mas structured on the 1989 Yans me leased to you and this type of arrangement is still satisfactory to us. The color on this van mill be the standard factory color "Dark Tundra Metallic". This is the same color on the 1990 model van you purchased from us in April of this year. Dadge _ Office of the City January 9, 1991 File #192-~72 Mr. ½. Robert ~erbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am at~aching copy of Resolution ~o. 30362-10791 accepting the bid of Delta Craphics, Inc., for furnishing and delivering 1,000 folding chairs for use at the Roanoke Civic Center, in the total amount of $32,750.00. Resolution No. 30362-10791 ~as adopted by the Council of the City of Roanoke a~ a regular meeting held on ,Monday, January 7, 1991. Sincerely, ~~ Mary F. Parker, CMC/AA~ City Cler~ ~FP:ra Eric . Mr. George C. Snead, Jr., Director of Administration Public Safety ~r. Bob E. Chapman, Manager, Civic Facilities Mro D. Darwin Roupe, ~anager, Ceneral Services and Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke. Virginia 24011 1703) 981 2541 Office of the City Clerk January 9, 1991 File #192-472 ~r. George H. Cook Vice Pr~ident Delta Graphics, Inc. P. O. Box AJ Chester, Virginia 23831 Dear Mr. Coo~: I am enclosing copy of Resolution No. 30362-10791 accepting the bi~ of Delta Graphics, Inc., for furnishing and delivering 1,000 folding chairs for use at the Roanoke Civic Center, in the total amount of $32,750.00. Resolution No. 30362-10791 was aaopted by the Council of the City of Roanoke at a regular meeting held on ~onday, January 7, 1991. Sincerely, Wary F. Parker, C~C/AAE City Clerk MFP:ra E,~c . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981-2541 Office of the City January 9, 1991 File #192-472 Hr. Robert H. Pence Salesman J. H. Pence Company P. O. Box 868 Roanoke, Virginia 24005 Dear Mr. Pence: I am enclosing copy of Resolution No. 30362-10791 acceptinq the bid of Del~a Graphics, Inc., for furnishing and delivering 1,000 folding chairs for use at the Roanoke Civic Center, in the total amount of $32,750.00. Resolution ~o. 30362-10791 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. On behalf of the Mayor and Members of City Council, I woula li~e to express appreciation for submittinq your bid on the above- described equipment. Sincerely, ~~ Mary F. Pa rkor, CMC/AAE City Cler~ ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, lhe 7th Day of January, 1991. No. 30362-10791. VIRGINIA, A RESOLUTION accepting the bid of Delta Graphics, Inc. made to the City for furnishing and delivering 1,000 folding chairs for use at the Roanoke Civic Center; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: offering to Civic Center requirements which bid ACCEPTED. The bid of Delta Graphics, Inc., made to the City, supply 1000 folding chairs for use at the Roanoke meeting all of the City's specifications and therefor, for the total bid price of $32,750.00, is on file in the Office of the City Clerk is hereby 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifica- tions, the terms of said bidder's proposal, and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the afore- said procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Folding Chairs For Civic Center, Bid Number 90-11-56 I concur with the recommendation of the bid committee for the purchase of Folding Chairs for the Civic Center and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Folding Chairs for Civic Center, Bid Number 90-11-56 I. B__ackqround ED. lding_~bDir.~, which are priority replacement items for the Civic Center, are required to provide necessary seating on the Floor of the Coliseum for every major event. The required units are to be constructed of heavy guage metal, appropriately reinforced and braced to insure maximum safety and durability. These units are not permanently attached to the floor and are subject to abuse. Npy~b~r 1~_!9~Q specifications were developed and were, along with request for quotation, sent to nine (9) vendors currently listed on the City's Bid List. A public advertisement was also published in the Roanoke Times and World News on November 19, 1990. ~%dg_ w~rg_~gg~y~, publicly opened and read after due and proper advertisement, at 2:00 P.M. on December 4, 1990 in the Office of the Manager of General Services. D. Two (2) bid resppn~ were received. Bid tabulation is attached. II. Current Situation Bids received were evaluated in a consistent manner by representatives of the following Departments: Civic Center Administration and Public Safety General Services Folding Chairs for Civic Center Bid Number 90-11-56 Page 2 III. IV. B~ ~egg~mgg~$ also requested samples to be provided for the purpose of evaluations. Tke~l~__b~, submitted by J.H. Pence Company took substantial exceptions to the specifications as follows: No sample chair submitted. 20 gauge 3/4" round instead of 19 gauge channel frame. steel tubing frame double tube and Seat back is molded polypropylene instead of 20 gauge steel welded to frame. No rear leg cross braces instead of two 12) cross braces on rear legs as required. No ganging devices to allow chairs to be connected together to form rows. The lowest bid meeti~_s~cif~iqa_$_4~n~, is submitted by Delta Graphics, Inc. (DGI), meets all required specifications and is same type and kind as currently used at the Civic Center. A. Neg_d B. Compliance with Specifications C. Safetl D. F_u_n_d_ A__v_ a_i_l_a b Altern_~ative~s Award the bid to the lowest responsible bidder meeting specifications, for 1000 folding chairs for the Civic Center, as submitted by Delta Graphics, Inc. (DGI) the total cost of $3~3~_0., for N~e~ - Requested chairs are necessary to replace damaged and broken chairs and to provide adequate support for Civic Center events. Folding Chairs for Civic Center Bid Number 90-11-56 Page 3 ~_o_mpliance with ~R~cifications - Units provided by Delta Graphics, Inc. (DGI) meets or exceeds required specifications. ~a_~9~l - Requested chairs are designed to address safety concerns thereby possibly reducing liability to the City. F~nd av~_%l{bil.~y - Funds to provide for this purchase is available in the Civic Center Capital Outlay Account #005-050-8600-9015. B. R_el[e~c~ all_ b_i~s. N~9~ - The necessity for chair replacement and event support would not be met. Com~_%iance with Specifications would not be a factor in this alternative. Safety would not be a factor in this alternative. Fund availabili__t~ - Designated Funds would not be expended. Recommendation Q~.~ Council concur with Alternative "A" - award the bid to the lowest responsible bidder meeting all specifications and authorize the issue for a Purchase Order for 1000 Folding Chairs for the Civic Center, as submitted by Delta Graphics, Inc. (DGI) , for the total cost of Folding Chairs for Civic Center Bid Number 90-11-56 Page 4 cc: B. ~ej~ect other bid. Respectfully Submitted, Committee: D~--~Ja~rwi n Roupe ~ City Attorney Director of Finance 0 0 0 0 o o 0 0 O REQUEST FOR QUOTATION RECEN~ i!~¥ ~ ~ ~90 CITY O1~ ROANOKE, VIRGINIA November 16, 1990 TO: DGI P. 0. Box AJ Chester. Va. 2383~ BID NUMBER: BID OPENING DATE: BID OPENING TIME: 90-11-56 December 4, 1990 2:00 p.m. SIGNED BY: (Me'~ber of Firm) INSTRUCTIONS 1. Submit quotation on this form, filling in all spaces. 2. All prices are to be quoted f.o.b, delivered, Roanoke, Virginia. 3. Terms and delivery date must be specified, as they will be considered in the award of this bid. 4. Bids will be evaluated by considering price, quality, workmanship, economy of operation, and suitability for intended purpose. 5. All bids must be signed by a member of the responding firm. 6. Bid number, bid opening date and time must be marked on outside of sealed envelope containing the bid. 7. Descriptive literature must accompany any bid not meeting exact specifications. 8. Remittance address must be specified if other than the address shown above. 9. The City reserves the right to reject any or all bids, to waive informalities, and to purchase any part of, or the whole of, the items listed in this bid. 10. All price extensions are to be shown on attached bid. TERMS: DELIVERY: Net 25 4-6 weeks A~O (45 calend~r days) REPLY TO: City of Roanoke Office of General Services Room 167, Municipal Building Roanoke, Virginia 24011 BID ~ FOR FOLDING CHAII~S FOR ROANOKE CMC BID NUMBER 90-11-56 To the City of Roanoke, Virginia: In compliance with the request for bids and subject to all specifications and conditions, dated November 16, 1990, the undersigned offers to furnish and deliver the following: 1000 - New Folding Chairs for the Roanoke Civic Center in accordance with City of Roanoke specifications, delivered fob Roanoke, Virginia Clarin model 2400 BP IBR folding chairs AS SPECIFIED Alternate #1 UNIT PRICE PP~ICE 30.75 30,750.00 Additional cost to emboss into seat backs RCC in 1" block style letters 2.00 2,000.00 Addit~0nal cost to emboss "RCC" into chair backs Total $32.750,00 DELIVERED ONLY Delivery will be made within 45 calendar days after acceptance of purchase order.-- BIDDER Delta Graphic~ Inc. ~T~ Vice President ADD'lESS P. O. Box AJ Chester~ Va. 23831 DATE George H. Cook November 27~ 1990 CITY OF ROANOKE~ V~RGIN~A ADV~I~S~NT FOR BIDS FOR FOLDING CHAIRS FOR CIVIC CENTER BID NUNBER 90-11-56 Sealed bids will be received in the Office of General Services, City of Roanoke, Virginia, Room 167, Municipal Building, until 2:00 p.m., T~esday, December 4, 1990, at which time all bids so received will be publicly opened and read. Bid Form and Specifications for this bid may be obtained from the Office of General Services (703) 981-2871. The notation, "BIDS FOR FOLDING CHAIP~, BID NUMBER, 90-11-56-, and the opening time and date of the bid must appear on the front of the sealed envelope containing the bid. No bid may be withdrawn within a period of sixty (60) days after the opening of the bids, unless the bid is substantially lower than the other bids because of clerical error as defined in Section 11-20.2 of the Virginia Code of 1950, as amended. The bidder must give to the City of Roanoke a notice in writing of the request to withdraw a bid within two (2) business days after the conclusion of the opening of the bids. The City of Roanoke reserves the right to reject any or all bids, and to waive informalities in any bid. The bid will be awarded to the lowest responsible bidder, pursuant to Chapter 23.1, Procurement Code of the City of Roanoke, (1979), as amended. ~. Darwin Roupe, tCpp, PPB, CPPO, Manager, General Services EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBIT~;~ During the performance of this contract, the contractor agrees as follows: me The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex national origin, except where religion, sex or national origin is bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for emplolanent, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in ~11 solicitation or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. c. Notices, advertisements 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. IX. The contractor will include the provisions of the foregoing paragraphs of this section in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. To dete~mtfle the lOvest responsible bidder rich respect ~o chis - factors. ~mon8 such ochers ss viii protect anJ bio, the follouinS City and its inhabitants, My be considered8 u preserve the Interests of the ii The ebllLt7' capacity and skill of ~he bidder to perform chi contract · or provide the service requirsdj i~hether chi bidder can perform chi contract or perform ch- -------- praapciy, or vithin chi rime specified vic~ .... , .ouc Geley or incqrfersnce; c. The character, lflCeSricy' reputation, Judsuenc, SXoerisn ef£1cLsncy of chi bidder; ; ce and d. The quality of perform, ncc of previous contracts or servicssj e. The previous end exiscins cc~upLlence by chi bidder rich lams and ordLnmnces reLecin8 co chi concrete, purchase or ssrvtcet f. The equipment an~ facilities available co chi bidder co perform chi contract or provide chi servicel 8. The sufficiency of chi financial resources end ability of chi bidder co perform chi contract or provide chi service~ h. The quality, availability and adaptability of the supplies, materials, equipment or services Co chi particular use required; i. The ability of chi bidder co provide [uCure maintenance, parrs and service for chi use of chi subject of chi purchase or contract; J* The amount.end conditions, if soy, of chi bid. k. The specified Cams and discounts of chi bid. L. Bids shell be evaluated based on the requirements sec ~orch in the invitation ~or bids, and other criteria to determine accept- ability such es inspection, csSCins' quality, workmanship, delivery, suitability £or · particular purpose and il~e cycle cost. The Ci.ty, in its sole discrsciofl, My elect co valve in informality ia · bid or proposal. SPECIFICATIONS For specialized folding chairs, Clarin 92717-BPIBR or equal, for use in major public facilities, and other special applications requiring certain physical features as herein specified: CHAIR DESIGN: Concert Pitch X-type frame and leg configu- ration which folds completely flat with seat and rear legs 100% within main chair frame, providing a maximum thickness of not more than 1 3/8" when folded for storage. The X-type frame should also be attached to the seat frame in such a manner as will provide even distribution of seat load to all four legs and prevent unintentional folding of the chair from concentrated loading of the seat at either the front or back edges, and will minimize set up and take down time by making it possible to set up or knock down from a standing position behind the chair without excessive bending over or stooping to grasp the front edge of the seat. FRAME: The frame shall be of 19 gauge cold rolled steel formed into double tube and channel section for maximum strength without loss of flexibility permitting self leveling on uneven surfaces, and preventing misalignment of moving parts caused by frame rigidity. The double tube and channel section shall also provide adequate flat surface in the channel for all rivet and weld attachments to be made without penetration of or other interference with the structural integrity of the tubes. CROSS BRACES: The rear legs shall have two (2) cross braces, and the front legs shall have one (1) cross brace, all of which incorporate the double tube and channel design of the frame, further strengthened by an embossment extending the length of the channel. Ail cross braces shall be either set into or wrapped around and set into and welded to the channel of the leg on each end. STEEL BACK SUPPORT: The back support shall be concave for greater comfort and shall be one piece 20 gauge formed steel welded to the chair frame. SEAT ASSEMBELY: The seat panel shall be minimum thickness of 3/8" kBS plastic with a textured top surface to prevent sliding, and be colored all of the way through to reduce visibility of scratches, cuts or abrasion marks, and be supported and protected on all sides, top and bottom by a steel frame. The rear member of the-seat frame shall be welded in place, as well as being welded to one of two (2) 3/8" diameter steel reinforcing rods crossing from side to side under the seat frame. Seat color navy blue. Specifications for Folding Chairs Page 2 METAL FINISH: Ail metal parts of the chair shall be finished with a synthetic enamel coating electrostatically applied and baked on over a phosphatized surface. Chair frame and back, (all metal parts) to be pale gold color. If quoting on brand other than that specified. Submit color information with bids. FLOOR CONTACTS: Ail legs shall be equipped with non-marring rubber cushions molded over U-shaped steel glides with tension grips inserted at least two (2") inches into each of the tubes of the frames to avoid unintentinal removal. Each rubber cushioned glide shall provide a full floor contact surface not less than 1 1/2" long by 1/2" wide (or a total of .75 square inches each) for optimum weight distribution and minimizing potential damage to finished floor surfaces or floor coverings. "Crutch tip" type floor contracts are not acceptable. INTERBRACKET GANGING DEVICE: The bidder shall include pricing to add four (~erbracket ganging devices to each chair. The ganging brackets shall be of the keyslot type which allows one person to quickly attach it to or detach it from an adjacent chair while still in the standing position behind the chair when folding or opening it. The ganging brackets shall have a flat attaching tab welded against the flat channelsurface of the chair frame for maximum stability and correct alignment while reducing unnecessary protrusions from the frame and minimizing the added space between the frames of adjacent chairs to less than 1/2". The two (2) ganging points on each side of the chair shall be at least eighteen (18) inches apart on center to maximize row strength and stability in ganged application. SAMPLES: Prospective bidders will be required to submit samples of the exact product which they are offering and which they intend to furnish if awarded a contract or order. Samples shall be furnished no less than five (5) business days prior to the bid opening. Failure to submit samples within the required time will result in the bid for that product being declared "non-responsive-, and removed from consideration. The sample of the successful bidder will be retained until the order is completed. Specifications for Folding Chairs Page 3 DELIVERY; Desired delivery is prior to March 1, 1991. Delivery must be specified as it will be considered in the evaluation of this bid. If quoting on other than brand name specified, please provide with your bid detail specifications in order for your submittal to be evaluated. EMBOSSED CHAIR BACK: The manufacturer is requested to provide optional pricing for the metal chair back to be embossed or stamped RCC in 1" black style letters. OE:PARTME:NT OF F'INANC~ CiTY OF ~ROANOKE. VA. January 7, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of November, 1990. JMS/kp GF/~Ei~AL FUND CONTINGENCY BALANC~ AS OF NO~R 30, 1990 General Ord. No. 30089 CMT CMT CMT CMT CMT CMT CMT 30244 30271 CMT CMT CMT CMT Contingency: Balance July 1, 1990 Department Emergency Med. Services Management and Budget Custodial Services Custodial Services Custodial Services Director of Human Resources City Treasurer Management and Budget Corm~onwealth Attorney Animal Control Management and Budget City Manager Management and Budget City Manager Purpose $ 426,895 Billing & Collection eryc. (22,500) Consolidation Study Expenses ( 2,393) Excess Custodial Contract Fund 5,000 Excess C~stodial Contract Fund 5,000 Excess Custodial Contract Fund 944 Rent for Health Department Filing Unit Consolidation Expenses Secretarial Position S.P.C.A. Contract Consolidation Study Expenses Community Relations Task Force Consolidation Study Expenses Community Relations Task Force 3,100 1,865 533 1,697 6,800 1,273 5,000 1,368 ( 5~000) 386,310 Maintenance of Fixed Assets Contingency: Balance July 1, 1990 200,000 Equipment Replacement Contingency: Ord. No. CMT 30226 Balance July 1, 1990 Department Sheriff Building Maintenance Purpose Equipment Fire Station Alterations 600,000 2,000) 3,732) 594,268 GENERAL FDND CONTINGENCY BALANCE NOVEMBER 30, 1990 (continued) Supplemental Budget - Employee Uniforms: Balance July 1, 1990 $ 89,700 Supplemental Budget - Employee Compensation: Balance July 1, 1990 Total Contingency Balance $ 139~713 $1~409~991 CITY OF ROANOKE GENERAL FUND STAteMENT OF REV-I~IUE 6eneral Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue Frc~ Use of Money & Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Total Year to Ilat~ for t~ I~ 19~9-9(1 1990-91 $16,656,100 $17,393,292 4.43% 9,109,334 10,530,112 15.60% 189,334 240,971 27.27% 249,463 281,053 12.66% $ 48,816,705 35.63% 37,730,000 27.91% 570,218 42.26% 593,000 47.40% 643,368 622,894 (3.18%) 1,596,170 11,475,173 11,467,977 (0.06%) 33,336,659 7,337,178 7,649,952 4.26% 24,395,979 7,571 16,784 121.69% 28,000 645,362 921,708 42.82% 3,003,046 120,113 440,164 266.46% 502,979 471,110 554,269 17.65% 1,588,800 $46,904,106 $50,119,176 6.85% $152,161,556 39.02% 34.40% 31.36% 59.94% 30.69% 87.51% 34.89% 32.9~o CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation & Cultural Co~mnity DeveloI~ant Education Debt Service Non-Department al Total July 1-Roy. 30 Jul~ 1-Pxm. 30 Per~ 1969-90 1990-91 of ~ $ 3,334,579 $ 3,644,148 9.28% $ 4,969,169 $ 8,613,317 42.31% 1,231,571 1,438,771 16.82% 1,961,333 3,400,104 42.32% 10,679,835 11,111,078 4.04% 15,910,382 27,021,460 41.12% 9,225,718 8,561,955 (7.19%) 10,219,280 18,781,235 45.59% 4,500,295 5,298,601 17.74% 8,362,824 13,661,425 38.79% 1,784,223 1,728,973 (3.10%) 2,206,053 3,935,026 43.94% 747,763 614,665 (17.80%) 847,839 1,462,504 42.03% 22,958,872 24,048,712 4.75% 41,786,169 65,834,881 36.53% 4,390,296 4,529,157 3.16% 4,304,593 8,833,750 51.27% 631,844 379,327 (39.97%) 3,986,334 4,365,661 8.69% $59,484,996 $61,355,387 3.14% $94,553,976 $155,909,363 39.35% .l CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND UNENCUMBERED APPROPRIATIONS SUI~IARY AS OF NOVEMbeR 30, 1990 Goneral Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Com~mication Other Infrastructure Projects Capital I~prov~ent Reserve Total Capital Projects Fund $ 5,459,444 $ $ 5,459,444 $ 4,167,460 $ 1,291,984 $ 71,952 $ 1,220,032 9,690,126 2,040,938 11,731,064 7,114,018 4,617,046 285,380 4,331,666 660,000 660,000 624,652 35,348 3,050 32,298 5,260,373 2,948,157 8,208,530 4,624,338 3,584,192 1,759,254 1,824,938 5,182,229 993,053 6,175,282 5,144,881 1,030,401 930,711 99,690 1,305,076 1,305,076 14,555,689 1,604,424 16,160,113 4,145,090 (10.219,931) ( 6,074,841} $46.258.827 $(2.633.359) $ 43,624,668 1,010,765 294,311 39,988 254,323 834,432 15,325,681 11,767,169 3,558,512 (6.074.841) (6,074,841% $23,520,546 $ 20.104.122 $14,857.504 $ 5,246,618 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STAT~]~./~T FOR THE 5 ~ONT~.~ E~DED NOVEMBER 30, 1990 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Sale of Land Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1990 519,962 707,105 42,286 8,256 411,929 164~478 lr854~016 364,780 452,672 166,759 90r493 1~074~704 779,312 292t758 486r554 70,120 2,475 2,732 10~000 85r327 571,881 1~667 1~667 $ 570~214 1989 461,949 615,353 44,765 20,491 399,038 84f360 lf625,956 346,355 464,696 157,786 70~474 1~039r311 586,645 286~708 299f937 83,203 2,163 2,266 87~632 387,569 4r167 4~167 383r402 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Water Maintenance - Painting FC Plans and Specs FY 86 Project Design Edgewood Replacement Falling Creek Plant Rehab. Ph. I Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 249,787 164,708 6,768 3,391 120,096 12,103 5,794 313r651 876,298 126r137 ~ 750~161 NOTE: Some of these projects are continued from prior years with inception to date totals. CITY OF ROANOKE SEWAGE TREATMENT FUND COMPI%RATIVE INCOME S~ATEMENT FOR T~E 5 MONTHS ENDED MOOR 30, 1990 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses In'terest Expense Total Non-Operating Expenses Net Income 1990 $1,844,899 272,588 96,894 405,935 23,674 39,673 8~220 2~691{883 561,704 1~544~795 2~106~499 585,384 395~522 189~862 63,725 39~303 103{028 292,890 27~833 27~833 $ 265~057 1989 $1,670,582 447,662 132,418 644,141 18,840 52,726 5~436 2~971~805 535,242 lr541~745 2~076~987 894,818 385~669 509~149 101,945 41z080 143~025 652,174 35~156 35~156 $ 617~018 8 S~WAG~ Tg~ATMF~T~ ~ CONTINUF/) Capital Outlay Not Included in Operating Expenses: Pro~ect Unidentified Construction FY 86 Projects Design STP Land Acquisition STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Williamson Road Storm Drain Ph. 2, Cont. IG Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 68,359 36,097 25,721 400,502 160,328 27,236 771,610 320,780 1,810,633 557~638 ~1r252,995 NOTE: Some of these projects are continued from prior years with inception to date totals. 9 ROANOKE R~GIONAL AIRPORT CO}~ISSION COMPARATIV~ INCOM~ STATEMF~T FOR THE 5 MONTHS ENDED NOVEMBER 30, 1990 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal and Other Property Rentals Advertising Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Income - Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Paying Agent Fees Interest Expense 88 Revenue Bond Issue Total Non-Operating Expenses Net Income (Loss) 1990 $ 322,813 92,614 443,170 22,007 864,401 12~876 1~757~881 402,995 571~375 974~370 783,511 447~804 335~707 100,327 27,283 3,430 15~000 146~040 481,747 39,100 2,304 186~183 227~587 254~160 1989 187,211 72,065 198,655 10,474 756,767 15~702 1{240~874 333,493 643~279 976~772 264,102 240~287 23~815 96,108 4,976 101~084 124,899 41,821 3,104 91~068 135~993 11r094) 10 ROANOKE REGIONAL AIRPORT CO~ISSIOlq CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect Vehicular Equipment Paint Hangars Unidentified Construction Repaint R/W & T/W Markings Roof Repairs - Replacement Repairs to Hangars Rework Security Gates Environment Safety Assessment Runway Extension 523 New Terminal Building Terminal Related Projects General Aviation Development FAR Part 150 Noise Study Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 15,481 7,000 1,785 1,255 27,126 4,950 3,197 1,035 283,886 24,270,402 65,814 23,768 69~150 24,774,849 24~128~842 NOTE: Some of these projects are continued from prior years with inception to date totals. 11 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDED NOV~,~.E~ 30, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Conm]issions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Cor~nunications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net Income (Loss) 1990 $ 141,141 23,932 42,380 1,389 24,942 40~040 273~824 246,001 119,772 316,025 20,383 2r237 704~418 (430,594) 146~118 (576~712) 14,857 569~707' 584~564 1989 $ 115,581 23,441 36,738 1,130 19,881 26,476 223~247 228,213 113,027 263,651 27,991 3~261 636~143 (412,896) 142~943 (555,839) 21,432 1~837 23~269 $(532,570) *Significant increase due to insurance proceeds for fire damage 12 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Fire Alarm System Asbestos Abatement Auditorium Auditorium Fire Damage Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 25,296 50,000 29,541 72,370 lr381 178,588 78~063 $100r525 NOTE: Some of these projects are continued from prior years with inception to date totals. 13 CITY OF ROANOKE INTEI~U~L SERVICE FUND COMPARA?I~ INCOI~E STATEMENT FOR T~E 5 MONTHS ENDED MO%gg~ER 30, 1990 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1990 $3~328~918 3~328r918 1,719,389 839~702 2{559r091 769,827 213~256 556,571 50~616 50~616 ~ 607~187 1989 $2~740~138 2~740~138 ].,583,448 840~865 2{424~313 315,825 286~693 29,132 56~178 56t178 14 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project MS - Furniture and Equipment CIS - Other Equipment CIS - Automated Library Equipment MC - Other Equipment MVM - Other Equipment ULS - Vehicular Equipment ULS - Other Equipment Year to Date Expenditures $ 14,747 13,552 655,663 14,779 10,271 105,202 19~621 Total ~833~835 15 CITY OF ROANOKE, UIRGINIA CITY TREABURER'S OFFICE GENERAL STATENENT OF ACCOUNTABILITY FOR THE MONTH OF NOUENDEB 30, 1990 TO THE DIRECTOR OF FINANCE: GENERAL 5TATEHENT DF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, UIRGINIA FOR THE FUNO5 OF SAID CIFY THE HONTH ENOEO NOUEHBER BO, 1990. FUND 5ENERAL WATER SEWAGE AIRPORT CIUIC CENTER INTERNAL SERUICE CAPITAL ~6BT SERUICE FIFTH DIST CONSORTIUM GRANT PROGRANS WELFARE PAYROLL RETIREHENT BALANCE AT OCT. 31, 1990 $11,948,809.11 $~,42B~§94.97 $1,9DB,904.B5 $3,228,720.29 $238,904.17 ,1,584,64777 $18,347 003.87 $368 492.75 ($199 458.71) $1B3 736.08 (0405 579.88) ($4,503 692.94) ($161 614.385 RECEIPTS BISBURSEMENTS BALANCE AT NOU. DO, 1990 $8,694~563.66 $17,467,483.51 $3,£75,889.26 $346,685.22 $346,730.65 $2,422,549.54 $800,888.98 *866,B61.08 $1,867,412.2D $561.~G~.BB $557,174.00 Kg,BDO,749.SE $77,172.31 $161,722.16 $1~4,g54.32 $675,186.09 $412,999.66 S1,846,894.20 $B7§,287.04 $682,387.97 S18,539,90E.94 $2,654.44 $0.00 $D71,087.19 $436,592.93 1116,12B.71 $121,004.91 $526,957.15 $1,523,969.B6 ($813,276.63) $419,392.70 $12,539.37 $1,E73.4) $1g,573,079.94 $10,627,014.47 ($1,)57,627.47) $§80,000.00 S417,569.7B $815.89 BALAncE AT NOU. DO, 1989 S13,632 075.04 $2,494 798.1B $2,54D 279.7g SE,D61 508.19 0D10 7~4.4D $1,846 056.06 $13,499 081.10 S734 E19.21 l$20&,4gB.4R) ($D74,040.B&) ($6,185,273.515 $0.00 TOTAL KBa,985,aB?.4~ $27,569,61B.09 $3D,192,021.17 $29,963,029.97 $30,637,967.34 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING I5 A TRUE STATEHENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE UARIOUS ACCOUNTS THEREOF FOR THE NONTH ENOING NOUEHBER 30, 1990 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITEO STATEB SECURITIES TOTALS CASH IN HAND $283~048.B8 KeBD,O48.g8 CASH IN BANK $1,579,980.99 01,579,980.99 INUESTHENTS ACQUIREO FROM CONPETITIUE PROPOSALS: COREAST SAVINGS BANK DOHINION BANK PERPETUAL SAUINGS BANK SIGNET BANK TOTALS $1,863,029.37 $6,000,000.00 $3,000,000.00 $6,500,000.00 $8,000,000.00 $23,500,000.00 $4,000,000.00 $4,000,000.00 $6,000,000.00 $7,000,000.00 06,500,000.00 $8,000,000.00 $29,36B,029.37 OATE: OECEMBER 12, 1990 ~~ ROANOKE CITY TREASURER 16 CITY OF ROANOKE PERSION PLAN STATEMENT OF REVENUE AND R3(DKNSE8 FOR THE 5 MONTHS ENDED NOVEMBER 30, 1990 City's Contributions Investment Income Gain (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1990 $ 2,055,744 1,855,296 ( 188,125) 77~410 $ 3~800r325 1989 $2,231,799 1,643,630 826,027 105~625 $4~807~081 EXPENSES Pension Payments Fees for Professional Services Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 2,180,493 145,283 31,282 65,689 9~556 2~432~303 $ 1~368~022 $2,026,732 139,520 8,023 84,878 41~195 2~300~348 $2~506~733 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF NOVEMBER 30, 1990 ASSETS Cash Investments: (market value - 1990 $108,995,569 1989 $107,117,654) Total Assets 1990 1989 $ 842 $ 1,256 106,204~263 $106,205,105 98t314,551 $98,315,807 LIABILITIES AND FUND BALANCE Due to Other Funds Total Liabilities 413,363 (1) $ - 413~363 - Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $104,423,720 1~368~022 105~791~742 $106~205,105 $95,809,074 2~506~733 98~315~807 $98,315~807 (1) Balance reflects the consolidation of the Pension Plan accounting into the general ledger accounting system on July 1, 1990. 18 Office of the CHv -? ~ January 9, 1991 File #176-24A-84 Mr. ~J. Robert Herbert City ~lanager Roanoke, Virginia Dear Mr. ~erbert: I am attaching copy of Ordinance Nu. 30363-10791 amending and reordaining §21-18.1, Solicitation for fornication, sodomy or adulter_y_, Code of tl~e City of Roanoke (1979)-,-~--amended, ~ require that the crime of solicitatio~ include discussion of price or other valuable consideration and a requirement that any solicitation shall occur in a place open to the public. Ordinance ¥o. 30363-10791 was adopted by the Council of the City of -~oano~e at a regular meeting held on ~4onday, January 7, 1991. Sincerely, ~,~.~ Wary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. pc: The Honorable The Honorable The Honorable The Honorable Roy B. Willett, Chief Judge, Circuit Court CliO'ford R. [~eckstein, Judge, Circuit Court Diane ~. Strickland, Judge, Circuit Court Kenneth £. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, p. ~. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred ~. ~oback, Jr., Judge, Juvenile a~la Domestic Relations District Court The Honorable Joseph M. Clarke, Ii, Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th Day of January, 1991. No. 30363-10791. AN ORDINANCE amending and reordaining §21-18.1, Solicitation for fornication, sodomy or adultery, Code of the City of Roanoke (1979), as amended, to require that the crime of solicitation include discus- sion of price or other valuable consideration and a requirement that any solicitation shall occur in a place open to the public; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-18.1, Solicitation for fornication~ sodomy o,- a~dulter¥, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §21-18.1. (a) S~olicitation for fornication~ sodom~ or adultery. Any person shall be guilty of a Class 1 misde- meanor who: (1) in any place open to the public, for money or other valuable con- sideration, solicits, invites, urges, entreats or otherwise attempts to persuade another person, not his or her spouse, to commit fornication as defined by §18.2-344, Code of Virginia (1950), as amended ("State Code"), sodomy as defined by §18.2-361 of the State Code or adultery as defined by §18.2-365 of the State Code; or (2) in any place open to the public, bargains with or negotiates with another person, not his or her (b) spouse, as to the price or other valuable consideration required for commission by such person of fornication as defined by §18.2-344 of the State Code, sodomy as defined by §18.2-361 of the State Code or adultery as defined by §18.2-365 of the State Code. Other than those acts enumerated in subsection (a) above, no additional act shall be required to constitute the crime defined by subsection (a). (c) In the prosecution of any offense under this section, a court shall consider any evidence defining slang expressions, codes or other words used to describe fornication, sodomy or adultery, the price therefor or the method of payment relating thereto. 2. In order to provide for the usual daily Operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ., ROANOKE, VIRGINIA 24011-1595 January 7, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU A 5SISTANT CrTY ATTORNEYS The Honorable Mayor of City Council Roanoke, Virginia and Members Re: Section 21-18.1, Solicitation for fornication, sodomy or adultery~ Code of the City of Roanoke (1979)~ as amended Dear Mrs. Bowles and Gentlemen: At its meeting of December 17, 1990, City Council requested that the City Attorney review the City's solicitation ordinance (§21-18.1, Code of the City of Roanoke (1979), as amended) and report to City Council as to any suggested amendments. City Council also requested that the City Attorney consult with the Commonwealth's Attorney and the Chief of Police, through the City Manager, as to the form and content of the ordinance, and this consultation has been completed. By way of background, the City's solicitation ordinance was recommended because citizens demanded a crack-down on open solici- tation by prostitutes and transvestites on City streets. It will be recalled that businessmen in an area of the City complained about open solicitation for sex on or around their properties which frightened off customers and interfered with the conduct of their businesses. Parents complained that they were reluctant to drive down certain City streets with their children because of the embar- rassment of open solicitation. In response to these complaints, a solicitation ordinance very similar to the State solicitation statute (§18.2-29, Code of Virginia (1950) as amended) was recommended to City Council. ' Section 18.2-29 (the State solicitation statute) provides as follows: "Any person who commands, entreats, or otherwise attempts to persuade another person to commit a felony, shall be guilty of a Class 6 felony." The Honorable Mayor and of City Council January 7, 1991 Members Pa~e 2 Given that sodomy is a felony in the Commonwealth, it is, under §18.2-29, a felony in the Commonwealth for one person to invite or attempt to persuade another person to commit sodomy. This is so whether the communication is between persons of the opposite or the same sex; whether the communication occurs in public or in a private place; or whether there is any discussion of money or other consideration for such act. Solicitation for sodomy under §18.2-29 will remain a felony in the City of Roanoke regardless of what action City Council takes in this matter. Since adoption of the City's solicitation ordinance on February 5, 1990, no court of record has considered the constitutionality of the ordinance. If considered, however, in an appropriate factual context, it is likely that such ordinance would be held constitu- tional. In Fletcher v. Commonwealth, Virginia Court of Appeals, October 10, 1986 (No. 0405-85), it was held that the State solici- tation statute (§18.2-29) is not unconstitutionally vague. In this case in which the defendant had attempted to persuade an undercover police officer to commit oral sodomy, the Court held that it was not necessary for the defendant's conduct to constitute an attempt to commit sodomy; according to the Court, the offense of solicitation was completed once the defendant solicited the officer to commit sodomy. Finally~ the Court held that the First Amendment right of free speech does not extend to statements constituting solicitation to commit a felony in violation of §18.2-29. Although the City's solicitation ordinance appears to be con- stitutional, it has, nevertheless, been criticized because it does not require discussion of money or other consideration and because it could extend to solicitations occurrin~ in private places. Of course, such criticism would also extend to the State's solicita- tion statute, the constitutionality of which was upheld by the Virginia Court of Appeals in Fletcher. Some of the criticism of the City's ordinance may arise simply because critics believe that acts of sodomy, adultery and fornication should not constitute a crime when carried out by two consenting adults in private. Whether such acts should be crimes, however, is beyond the control of City Council. If Council desires to further insulate the City's solicitation ordinance from constitutional attack or if Council simply desires to restrict the City's ordinance to more narrow circumstances, the following two new elements can be added to the ordinance: (1) require that any solicitation include discussion of price or other consideration for commission of a sex act; and The Honorable Mayor and Members of City Council January 7, 1991 Page 3 (2) limit application of the ordinance to solicita- tions that occur in places open to the public. The attached ordinance will amend the City's solicitation ordinance by addition of the foregoing two elements. I am reasonably confi- dent that the amended ordinance would withstand any constitutional challenge. I trust that this report is responsive to Council's request. With kindest personal regards, I am WCDJ:ff Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Attachment CC: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police .......... Office of the City January 9, 1991 File #192 Mr. k'. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: A report of the City Attorney with regard to offensive shows at the Roanoke Civic Center, was before the Council of tile City of Roanoke at the regular meeting held on Monday, January 7, ]991. Council Member James G. Harvey suggested that you consider instructing the ~anager of tile Roanoke Civic Center to transmit a letter with each contract for use of the Civic Center setting forth applicable criminal laws aha orainances which apply to suspected unlawful conduct during performances. '~ Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {?03} 981.2541 WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNE~ 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA24011 1595 January 7, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHLEEN MARIE KRONAU STEVEN J. TALEVI Honorable Mayor and Members of City Council Roanoke, Virginia Re: .Regulation of Civic Center Performancen Dear Mrs. Bowles and Gentlemen: At its meeting of December 17, 1990, City Council requested that I report back to City Council regarding how the City could regulate cer- tain offensive behavior which has taken place at events performed in the Roanoke Civic Center. I am pleased to provide you with this response. By way of background, singing and dancing are forms of artistic expression which are protected by the First Amendment. Since its opening in 1971, the Roanoke Civic Center has been utilized as a public forum for the exercise of First Amendment rights. Once a faci- lity has been opened up as a public forum, the Federal Courts will not permit a local government to prohibit certain promoters from using the facility on the basis of the content of the production. See Southeastern Promotions~ Ltd. V. Conrad, 420 U.S. 546 (19'75). Obscenity and unlawful conduct, of course, are not protected by the First Amendment. The courts, however, will not permit local governments to assume that a particular production will be obscene. If the local government were to assume in advance that the production will be obscene and to prohibit the production on this basis, such action would constitute improper prior restraint and would not be per- mitted without an adversarial judicial proceeding. There are, however, a variety of measures that can be taken when Civic Center management suspects that a performance may run afoul of State statutes or local ordinances. This Office recommends, as it has in the past, that the producer and performers of such productions be placed on advance notice of the applicable criminal laws and ordinances which apply to the suspected unlawful conduct. We also support the use of public disclaimers which are issued by the City in advance of potentially offensive performances. Such disclaimers inform citizens that the production is in no way endorsed or subsidized by the City and urge the exercise of discretion in attendance of the production. Honorable Mayor and Members of City Council January 7, 1991 Page 2 Parents, in particular, are urged to carefully exercise their discre- tion as to the performances their children are permitted to attend. In addition, the Commonwealth Attorney's Office and the Police Depart- ment should also be given advance notice of potentially offensive pro- ductions. With notice, appropriate law enforcement officials may be present to monitor the performance and insure proper arrest and prosecu- tion when criminal violations occur. When prohibited acts are committed on a public stage, promoters and performers, and in some cases the owners or operators of the faci- lity, may be subject to prosecution under a number of criminal statu- tes and ordinances. Existing criminal statutes include the following: 1. Section 21-99 of the City Code states that it shall be unlaw- ful to produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibition or perfor- mance. Violation of this section is a Class 1 misdemeanor. 2. Section 21-105 of the City Code prohibits indecent exposure in any public place. Violation of this section is a Class 4 misdemeanor. 3. Section 21-125 of the City Code strictly prohibits "unlawful exposure," a term which is defined by section 21-124. Viola- tion of this section is a Class 1 misdemeanor. 4. Section 21-126 of the City Code provides that it shall be unlawful for the manager in charge of any public place to knowingly permit any unlawful exposure upon the premises. Violation of this section is a Class 1 misdemeanor. 5. Section 4-78, Code of Virginia (1950), as amended, provides that it shall be a Class 4 misdemeanor to drink alcoholic beverages in any public place. This prohibition applies to performers on Stage. 6. Section 18.2-388, Code of Virginia, as amen . it shall be a C ~ A ~ ~ ded. provides that la~v = ,,,~uemeanor ~or any person to profanely curse or swear or be drunk in public. 7. Section 18.2-391(b), Code of Virginia, as amended, prohibits the knowing admission of a juvenile to premises where there is exhibited a motion picture, show or other presentation, which in whole or in part depicts sexually explicit nudity or sexual conduct and which is harmful to juveniles. "Harmful to jUveniles" is a defined term. Violation of this section is punishable as a Class 1 misdemeanor. Honorable Mayor and Members of City Council January 7, 1991 Page 3 I trust that the foregoing is responsive to Council's request. I will be pleased to respond to any questions or comments that you may have. With kindest personal regards, I am WCDj:dlj Sincerely yours, City Attorney The Honorable Donald S. Caldwell, Commonwealth,s Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Bobby E. Chapman, Manager, Civic Center MINUTES OF THE AUDIT COMMITTEE .OF ROANOKE CITY COUNCIL Deoember 17 v 1990 The meeting of the Roanoke city Audit Committee was called to order at 12:40 p.m. on December 17, 1990 with Chairman, David A. Bowers presiding. Audit Committee Members Present: David A. Bowers, Chairman Elizabeth T. Bowles Beverly T. Fitzpatrick James G. Harvey, II Howard E. Musser Noel C. Taylor William White, Sr. Others Present: Robert H. Bird, Acting Municipal Auditor Earl B. Reynolds, Jr., Assistant City Manager Joel M. Schlanger, Director of Finance Wilburn C. Dibling, city Attorney Gordon E. Peters, City Treasurer Richard L. Kelley, Exect. Asst. Business Affairs George C. Snead, Director Adm. & Public Safety Debbie Moses, Chief Billings & Collections Dana Long, office of Billings & Collections Ken Mundy, Controller-Schools Archie Harrington, Manager, CIS Thomas F. Baldwin, EDP Auditor Evelyn W. Barger, Administrative Assistant Frank B. Mayorshi, KPMG Peat Marwick T. Doug McQuade, KPMG Peat Marwick Robert N. Collis, KPMG Peat Marwick Joel Turner, Roanoke Times and World News Invocation was given by Robert H. Bird, Acting Municipal Auditor. The motion was made, seconded, and approved unanimously to receive and file the June 30, 1990 audit report for the City of Roanoke School Activity Funds. The motion was made, seconded, and approved unanimously to receive and file the following June 30, 1990 reports from KPMG Peat Marwick: A. Evaluation of Municipal Audit Department B. Opinion on the June 30, 1990 APA Comparative Cost Report C. Letter of Recommendations on Procedures and Controls (Management Letter) Mr. Doug McQuade from KPMG Peat Marwick stated that he had received a satisfactory response from the city Manager regarding the Management Letter. Minutes of city Audit committee December 17, 1990 Page 2 The motion was made, seconded, and approved unanimously to refer the matter of providing health care coverage for city retirees to the 1991-92 Budget Study. The Director of Finance will give to the Budget Study a report on how other localities and the Roanoke city School Board handle this issue. The motion was made, seconded, and approved unanimously to receive and file the briefing from the Director of Finance and Office of Billings and collections on the bingo ordinance and procedures. The motion was made, seconded, and approved unanimously to move the proposed change to the City Charter Section 25.2 regarding the Municipal Auditor to the next scheduled meeting (January 7, 1991) to allow the City Manager, City Attorney, Director of Finance, and Acting Municipal Auditor time to respond to the proposed changes. There being no further business the meeting adjourned at 1:28 p.m. DaSd A~ ~b~r~rs, Chairman Office of the City Clerk January 9, 1991 File #192 Qr. W. Robert Herbert City ~anager Roanoke, Virginia Dear ~r. Herbert I am attaching copy of Resolution No. 30364-10791 accepting the bid of Ticketron, Limited Partnership for computerized ticketing services for the Roanoke Civic Center, at a charge of $.07 per ticket for box office, $.0 for remote, and 2% of gross for telepi~one sales. Resolution No. 30364-10791 ~as adopted by the Council of the City of Roanoke at a regular meeting held oa ~onday, January 7, 1991. ' Sincerely, //~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. John S. Edwards, Chairman, Roanoke Civic Center Commission, 3?45 Forest Road, S. ~., Roanoke, Virginia 24015 Yr. George C. S~ead, Jr., Director of Administration az~a Public Safety Ur. Bob E. Chapman, Manager, Civic Facilities Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk January 9, 1991 File #192 ~r. Jim O'Cnerry Vice President Sales Ticketron 3000 Weslayan, Suite 275 ~ouston, Texas 7702? Dear ~r. O~Cherry: I am enclosing copy of Resolution No. 34364-10791 accepting the bid of Ticketron, Limited Partnership, for computerized ticketing services for the Roanoke Civic Center, at a charge of $.07 per ticket for aox office, $.0 for remote, and 2% of gross for telephone sales. Resolution ~o. 3u364-i0791 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 7, 1991. Sincerely, _~~ ~ary F. Parker, CMC/AAE City Cler~ MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 {703) 981-2541 Office of the City Clerk January 9, File #192 Ms. Marla Holcowitz Executive Director of ~ar~eting & Sales Ticketmaster 1320 Centre Street Newton Ce~tter, Massachusetts 02159 Dear Ms. Holcowitz: I am enclosing copy of Resolution No. 30364-10791 accept,ins the bid of Ticketron, Limited Partnership, for computerized ticketing servtces for the Roanoke Civic Center, at a charge of $.07 per ticket for box office, $.0 for remote, and 2% of gross for telephone sales. Resolution No. 30364-10791 was adopted by [ne Council of the City of Roanoke at a regular meeting held on Monaay, January 7, iS91. On behalf of the Mayor and MemDers of City Council, I would lii~e to express appreciation for submitting your bid on the above° aescribed service. Sincerely, ~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra ~nc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF The 7th Day of January, 1991. No. 30364-10791. ROANOKE, VIRGINIA, A RESOLUTION accepting the bid of Ticketron, Limited Partnership made to the City for computerized ticketing services for the Roanoke Civic Center and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Ticketron, Limited Partnership made to the City offering to provide computerized ticketing services for the Roanoke Civic Center meeting all of the City's specifications and requirements therefore at a charge of $.07 dollars per ticket for box office, $.0 for remote, and 2~ of gross for telephone sales which bid is on file in the Office of the City Clerk and is more particulary set forth in the report to this Council dated January 7, 1991, is hereby ACCEPTED. 2. The City Manager and the City Clerk are authorized to execute and attest respectively, in form approved by the City Attorney, an appropriate contract for such services with Ticketron, Limited Partnership, such contract to include such other terms and conditions as may be deemed to be in the City's best interest. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for such bids. ATTEST: City Clerk. Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Computerized Ticketing Service for the Roanoke Civic Center I. Background: no Civic Center computerized ticket sales have been contracted through ~icketron since January, 1983. ~it¥ solicited bids in 1985 from the major computer ticketing firms throughout the country when Ticketron's initial three-year contract expired. II. C. T_icketron was the only response to the City's bid request in 1985. D. ~ity and TicketroD entered into an agreement on January 1, 1986 for a five-year term with no provision for an extension. E. _Public acceptance and support of the computerized ticketing system has been overwhemingly successful during the past eight years. Current Situation A. Civic Center Com~on is authorized to "determine and establish matters of policy with reference to ticket sales." Section 24-48 (a) (5), Cede of the City of Roanoke 1979 as amended. B. Current Contract with Ticketron expired on January 1, 1991. C. C_ity solicited bids in September, 1990 from the major computer ticket- ing firms throughout the country, pursuant to the procurement chapter of the Roanoke City Code. D. ~ids were received after due and proper advertisement, in the office of the Manager of General Services, October 9, 1990, at which time all bids so received were publicly opened and read. E. Bids were received form Ticketron and Ticketmaster. F. ~id evaluation data is shown on Attachment "A." G. Civic Center Commission voted at the December 17, 1990 Commission meeting to accept Ticketron's bid proposal for a period of five years with an option for renewal for an additional five years and to for- ward to Council for consideration and action. Page 2 H. Council's approval is required for authority to enter into the proposed computerized ticketing contract. III. Issues: A. Timing B. Continuity of Service C. Fees IV. _Alternatives: Authorize the City Manager to execute an agreement with Ticketron, to provide computerized ticketing service for the Roanoke Civic Center. Said agreement shall be in a form approved by the City Attorney. 1. Timing is i~portant to ensure continued uninterrupted service. 2. Continuity of service would be maintained at present level by a proven provider of the required service. 3. Fees are as follows: a. Ticketron's charge to the City would be: Box Office - Remote - Telephone - .07 per Ticket 2% of Gross Sales Service charge to the customer will be $1.25 per ticket for tickets purchased at remote outlets and $2.25 per ticket purchased by telephone. Do not authorize the City Manager to execute an agreement with Ticketron to provide computerized ticketing service for the Roanoke Civic Center. 1. Timing would become a problem. 2. Continuity of servic~ may be interrupted and level of service to Civic Center patrons would decrease. 3. Fees by Ticketron would not be an issue. Page 3 V. Recommendation: Council concur with Alternative "A" and authorize the City Manager to execute an agreement with Ticketron, to provide computerized ticketing service for the Roanoke Civic Center. Said agreement to be in a form approved by the City Attorney. Respectfully submitted, John S. Edwards, Chairman Roanoke Civic Center Con, mission JSE:vn Attachments CC:: City Attorney Director of Finance Director of Adm. & Public Safety Civic Center Manager Attachment' 'A" T[CK~I'RON VS. TICKETMASTER Bid Summary Comparison Statement Projected Figures: Contractual Years January 1, 1991 thru December 31, 1995 Ticketron: Total Costs (Charged) to Civic Center Total Rebates (Credited) to Civic Center Net Balance Due Civic Center Ticketmaster: ($ 57,216.10) 91,800.01 $ 34,583.91 Total Costs (Charged) to Civic Center Total Rebates (Credited) to Civic Center ($ 74,256.10) 107,768.50 $ 33,512.40 Over a five year period the bid of Ticketron would generate an additional $1,071.51 in revenue for the Roanoke Civic Center. · 12~11o. 00-0-34 1. col2 Co ~he Civic Can~er per ti~ke~ sold a. ~ox O~£!ce c. ~elep~oae .07 2~ (Mastercard/Visa Deposit Fee) service CIA&L'ge t~ ~ consumer per ticke~, cold &, ~QX o££ice $ o.oo b. Remote O~tle~ 1.25 C. Telephone 2.25 ' Fee paid ~o Civic con,ar vhen ac~ing as a remote ~or other facil£tiel $ .35 cancer $ Z~ any ex~lain Should the sea, ice charges increase by .50 per ticket except on Family shows. Ticketron will pay th~ ~oanoke Civic Center an incentive o£ .25 [or each sold outlet and telenh--o -ic~-- - system I~a~cup vi!l. b aec~n~IIs~'~l~tu _ o calendar  I~D~ ~Al~ --9315 Larso Drive ~est ~Landover, ND 20785 Chie~ F-xecu~ive Officer and Pl~.~i~kint - ~ October 4, 1990 One Harry S, Truman Drive Third Floor Landover. Maryland 20785 (30~) 967-5800 Fax (301) 967-5805 October 4, 1990 City of Roanoke Office of General Services l~xxa 167, Municipal Building Roanoke, Virginia 24011 Gemtlemem: Ticketron has keen proud of its association with the City and the Civic Center, and we ha~e always strived to bring the best in c~',%~terized ticketing services to the Roanoke Valley. We are now looking forw~Lrd to renewing cur lc~g and mutually beneficial relationship with the City. To that end, Ticketron's enclosed pr<ypcsal has been developed to be sensitive to the City's needs and respc~sive to our mutual patrc~s. Therefore, we are maintaining existing service charge levels to the consumer. We believe the Roanoke Valley 'market area will not tolerate increased charges, yet we want to Urovide the Civic Center with the flexibility to determine whether or not there is elasticity in cc~snmner charges. If so, the Civic Center will benefit by receiving an incentive paymemt c~ each outlet and phene ticket sold. Ticketron has many new products and services to offer the Civic Center. Our Custcmer Account Management System (CAMS), and our revoluticnary 932 ticketing system are dooznented within this uroposal. We look forward to bringing these mjor enhancements to the Civic Center. thank you for your cc~tinued~, and cc{~ideration. CORPORATION Bid Contractual Year 92 - January 1, 1992 thru December 31, 1992 Costs to Civic Center: Per Ticket Annual Charge Sales Cost Box Office Sales Ren~te Outlet Sales Telephone Sales Total Cost to Civic Center (.07 per Ticket) 94,962 (No Charge per Ticket) 33,783 (2.0% of Gross Sales) $239,794 $ 6,647.34 4,795.88 $11,443.22 Rebates (Credited) to Civic Center: Per Ticket Per Ticket Sales Annual Customer Charge Building ~bate Building Rebate Box Office Sales -0- -0- Remote Outlet Sales 1.75 .25 Telephone Sales 2.75 .25 Telephone Handling Charge 1.00 per order -0- Total Rebates (Credited) to Civic Center 94,962 -0- 33,783 $ 8,445.75 15,177 3,794.25 2,500 -0- $12,240.00 Roanoke, Virginia January 7, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Computerized Ticketing Service for the Roanoke Civic Center I concur with the recommendation of the Civic Center Commission relative to the agreement for Computerized Ticketing Service at the Roanoke Civic Center and recommend it to you for appropriate action. Respectfully Submitted, City Manager cc: City Attorney Director of Finance Office of the City Clerk January 9, 1991 File #169 Ms. ~aurie E. Mc~ahon, President Junior Achievement of Southwest Virginia, 3433 Brambleton Avenue, S. W., Suite 202B Roanoke, Virginia 24018 Inc . Dear Ms. ~IcMahon: I am enclosing four copies of Ordinance No. 30345-10791 qranti,q to Junior Achievement of Southwest Virginia, Inc., a revocaole permit to mount certain flags on street lightinq ~oles in the Central Business District of the CiTy, upon certain terms and conditions. Orainance No. 30345-10791 ~as adopted by the Council of the City of Roanoke on first reading on Monaay, December 17, 1990, also adopted by the Council on second reaainq on Monday, January 7, 1991, and bill ta~e effect ten days following the date of its second reading. Ordinance Ko. 30345-10791 shall be in full force and effect at such time after its effective date as a copy, duly signea, sealed, attestea and acknowledged by an appropriate official on behalf of Junior Achievement of Southwest Virginia, Inc., has been filed in the Cffice of The City Clerk. Please sign and return three co~ies of the above referenced ordi- nance to the City Clerk's Office, Room 456, ~unicipal Building, Roanoke, Virginia 24011. Sincerel~ ~~ ~ary F. Parker, CMC/AAE City Clerk MFP: ra Enc. pc: Mr. FranKlin D. Roanoke, Inc., 24011 Mr. ~. Robert Herbert, City ~anager ~r. George C. Snead, Jr., Director of Administration Public Safety ~r. William F. Clark, Director of Public ~orks Mr. William ~. Mullins, Manager, ~ignals and Alarms KimDrough, III, Executive DirecTor, Downtown 310 First Street, $. W.. Roanoke, Virginia Room 456 Municipal Building 215 Church Avenue, SW Roanoke. Virginia 24011 {703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th Day of January, 1991. No. 30345-10791. VIRGINIA, AN ORDINANCE granting to Junior Achievement of Southwest Virginia, Inc., a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, Junior Achievement of Southwest Virginia, Inc., (Permittee) has requested that Council authorize the Permittee to mount certain flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the letter of Laurie E. McMahon, President, dated August 24, 1990; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount certain flags on street lighting poles in the Central Business District of the City, the permittee's request being more par- ticularly described in the letter dated August 24, 1990, from Laurie E. McMahon, President, Junior Achievement of Southwest Virginia, Inc., a copy of which is on file in the office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee. 4. The Permittee shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry on to City property or City facili- ties for installation or mounting of the flags. 6. The permit granted by this Ordinance shall expire, by its own terms, without notice, at midnight on February 25, 1991. 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of Junior Achievement of Southwest Virginia, Inc., has been filed in the Office of the City Clerk. ATTEST: ATTEST: Title: City Clerk. ACCEPTED AND EXECUTED by the undersigned this , 1990. JUNIOR ACHIEVEMENT OF VIRGINIA, INC. By. Title: day of SOUTHWEST Roanoke, Virgird. a December 17, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request of Junior Achievement of Southwest Virginia, Inc. Background: A. City Council has granted permission to various civic groups and J~n~or Achievement of Southwest Virginia, Inc. in the past to hang flags from street lightin~ poles in the Downtown area. II. Current Situation: A. Junior Ach%evement of Southwest Virginia, Inc. has requested permission to fly three foot by five foot Junior Achievement flags from street lighting poles beginning February 8, 1991 through February 25, 1991. III. Issues: A. Authority for approval. B. Permit requirements. IV. Alternatives: A. City Council grant J,,n~or Achievement of Southwest Virginia, Inc. permission to hang flags from street lighting poles in the downtown area. 1. Authority for approval or denial is solely City Council's. Permit requirements are basically the same as required previously. (a) Junior Achievement of Southwest Virginia, Inc. obtain individual or company to install and remove flags. Cost of installation, maintenance, and removal will be the sole responsibility of Junior Achievement of Southwest Virginia, Inc. (b) Members of City Council Page 2 (c) in~,,nification and Insurance - Junior Achievement of Southwest Virginia, Inc. shall furnish a certificate of insurance suitable in form and amount to the Risk Manager. City Co,~n~il dent the request of Junior Achievement of Southwest Virginia, Inc. 1. Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. Recommendation: City Council approve Alternative "A", adopt appropriate measures as prepared by the City Attorney, granting permission to Junior Achievement of Southwest Virginia, Inc. to display flags in the downtown area from February 8, 1990 through February 25, 1990. Respectfully sutm~itted, W. Robert Herbert City Manager WRH:W~jr:jr~ copy: City Attorney Director of Public Works Director of Administration &Public Safety Manager of Signals & Alarms Franklin D. Kimbrough, III, Executive Director, Downtown Roanoke, Inc., 310 1st Street, S.W., Roanoke, Va. 24011 Ms. Laurie E. McMahon, President, Junior Achievement of Southwest Virginia, Inc., 3433 Brambleton Avenue, suite 202B, Roanoke, Virginia 24018 Achievement Of Southwest Virginia. Inc. 3433 Brambleton A~cnue Suilc Roanoke. Virginia 24~18 1703) 989-6392 August 24, 1990 Mr. W. Robert Herbert City Manager Room 364 Municipal Building 215 Church Ave. Roanoke, VA 24011 Dear Mr. Herbert: Junior Achievement is the oldest and largest economic education organization in the world. February has been chosen as Junior Achievement month and our Southwest Virginia franchise is already making plans. We are a 501c-3 organization chartered bY the state of Virginia. As we did last year, we would like to fly flags in the downtown area from February 8th through February 25th. Our flags are white with a green Junior Achievement logo and name. The are 3x5 feet and I would be happy to show one to you for approval. I understand that I will need liability insurance, as well as, someone to put up the flags and take them down. Please contact me if you have any questions regarding Junior Achievement. I look forward to the opportunity to work with you again this year. Sincerely, 'Laurie E. McMahon President Project Business Applied Ecnomics ]A Office of t_he City Clerk January 9, 1991 File #2 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear ~4r. Herbert: I am attaching copy of Ordinance No. 30353-10791 providing for the sale and conveyance of a parcel of surplus City-owned pro- perty located at 306 Sixth Street, S. ~., and bearing Official Ta~ No. 1112502, to W. R. Sowers trading as S & R Towing and Repair Service, in the amount of $18,000.00. Ordinance No. 30353-10791 was aaopted by the Council of the City of Roanoke on first reading on Monday, December 17, 1990, also adopted by ti~e Council on second r~ading on ~onday, January 7, 1991, and will take effect ten days following the da[e of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Eric . pc: Mr. ~. R. Sowers, 4060 Welcome Valley Road, S. E., Roaaoke, Virginia 24014 Ur. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel ~. Schlanger, Director of Finance Hr. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipat Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th Day of January, 1991. No. 30353-10791. VIRGINIA, AN ORDINANCE providing for the sale and conveyance of a parcel surplus City-owned property located at 306 Sixth Street, S.W. and bearing Official Tax No. 1112502. of BE IT ORDAINED by the Council of the City of Roanoke that: 1. The offer of W. R. Sowers trading as S & R Towing and Repair Service to purchase a parcel of surplus City-owned property located at 306 Sixth Street, S.W. and bearing Official Tax No. 1112502, for the consideration of $18,000.00, said conveyance to be by quitclaim deed and to be subject to reservation by the City of Roanoke of easements for any sewer lines, water lines, or other public utilities that may now be located in or across said property and any and all other recorded restrictions, conditions and easements affecting the title of said property, be and said offer is hereby ACCEPTED; 2. The Mayor and City Clerk are hereby authorized to execute and attest respectfully the City's quitclaim deed of conveyance to the said property to W. R. Sowers trading as S & R Towing and Repair Service, said deed to be in form approved by the City Attorney and thereafter the City Attorney is authorized to tender to W. R. Sowers or his authorized representative the City's deed in the premises upon payment of aforesaid amount. ATTEST: City Clerk. Office of the City Clerk January 9, 1991 File #60-270 Mr. ~. Robert Herbert City ~anager RoanoKe, Virgiaia Dear Mr. ~erbert: At the regular meetiag of the Council of the City of Roanoke bela on Monday, January 7, 1991, you were requested to report to Council with regard to budgeting for capital equipment an a regu- lar basis in the City's annual budget. Sincerely, f~__~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Room 456 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981.2541