HomeMy WebLinkAboutCouncil Actions 01-14-91 Bower s
(30365)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
January 14, 1991
7:30 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Mrs. Bowles was absent. Mr.
Fitzpatrick arrived at 7:50 p.m.
The Mayor opened the meeting with a moment of silent
prayer· Re then called attention to the approaching deadline on
January 15, 1991, for Iraqi withdrawal from Kuwait and suggested
that churches and chapels in the Roanoke area be open throughout
the day on January 15 so that citizens who wish to do so may
take time to pray in the church of their choice.
The invocation will be delivered by The Reverend T. R.
King, Pastor, Valley Christian Center.
Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
PUBLIC HEARINGS
Public hearing on the request of Mr. and Mrs. Donald L.
Graybill that three alleys situated in Block 2, Map of
Edgewood Addition, located between 8th and 8½ Streets,
S. E., be permanently vacated, discontinued and closed.
Mr. Donald L. Graybill, Spokesperson.
Adopted Ordinance No. 30365 on first reading· (5-0,
Mrs. Bowles and Mr. Fitzpatrick were absent.)
Public hearing on the request of Showtimers of Roanoke
Valley, Inc., that a tract of land lying on the south-
westerly side of McVitty Road near its intersection
with Bruceton Road, S. W., identified as Official Tax
No. 5100908, be rezoned from RS-l, Residential Single
Family District, to CN, Neighborhood Commercial
District, subject to certain conditions proffered by
the petitioner. Mr. Edward A. Natt, Attorney.
Adopted Ordinance No. 30366 on first reading. (5-0,
Mrs. Bowles and Mr. Fitzpatrick were absent.)
(1)
C-1
C-2
Public hearing to determine if the citizens of the City
of Roanoke desire Council to request the General
Assembly of Virginia to modify the manner in which the
members of City Council are elected, specifically
whether all or some members of City Council should be
elected from election districts and, if so, how such
election districts should be organized. Mr. Wilburn C.
Dibling, Jr., City Attorney.
The matter was referred back to the City Manager and
the City Attorney for report to Council by Monday,
March 11, 1991, with regard to steps that must be taken
prior to resolution of the question. Council requested
that public hearings be held in all four quadrants of
the City.
Public hearing on the request of Total Action Against
Poverty in the Roanoke Valley, Inc., for adoption of a
resolution pursuant to §30-19.04, Code of Virginia
(1950), as amended, for designation of property to be
exempt from taxation. Mr. Theodore j. Edlich,
Spokesperson.
Adopted Resolution No. 30367-11491. (5-0, Mrs. Bowles
was absent and Mr. White abstained from voting.)
CONSENT AGENDA (Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEH WILL
BE REHOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
A communication from Hrs. Ruth C. Armstrong, Secretary,
Board of Zoning Appeals, transmitting the Annual Report for the
year 1990.
RECOMMENDED ACTION: Receive and file.
A communication from Hr. Glynn
resignation as a member of the
effective Hatch 1, 1991.
D. Barranger tendering his
Board of Zoning Appeals,
RECOMMENDED ACTION: Receive and file the communication and
accept the resignation with regret.
REGULAR AGENDA
3. Hearing of Citizens Upon Public Matters:
4. Petitions and Communications: None.
None.
(2)
5. Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
A report recommending appropriation of $13,985.00
representing payment of one-half of the cost of
enclosing storm drainage into a pipe system under the
alley between 26th and 27th Streets, S. W. adjacent to
Crystal Spring Elementary School.
Adopted Ordinance No. 30366-11491. (6-0)
A report recommending execution of a Grant Agreement
with the State Department of Criminal Justice Services
to accept a Demonstration Grant Award from the State
Council on Community Services for Youth and Families.
Adopted Ordinance No. 30369-11491 and Resolution No.
30370-11491. (6-0)
A report recommending appropriation of $67,500.00 to
provide for certain capital improvements and routine
maintenance needs at the Roanoke Civic Center.
Adopted Ordinance No. 30371-11491. (6-0)
4. A report with regard to the Hotel Roanoke Conference
Center Commission.
Concurred in the City Manager's recommendation.
fi. Reports of Committees:
A report of the committee appointed to tabulate bids
received for replacement of seven (7) security doors,
frames, hardware and related work at the Juvenile Detention
Home, recommending award of a contract to Construction
Services of Roanoke, Inc., in the amount of $23,927.00; and
appropriation of funds therefor. Council Member William
White, Sr., Chairman.
Adopted Ordinance No. 30372-11491 and Ordinance No.
30373-11491. (6-0)
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
None.
(3)
10.
Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and Members of City
Council.
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Mr. Marion A. Grabda, 2841Edgewood Street, S. W., called atten-
tion to dangerous conditions with regard to a large pothole in
the vicinity of his residence. He also requested installation
of a sidewalk on Edgewood Street. The matter was referred to
the City Manager for investigation and report to Council at the
next regular meeting to be held on Tuesday, January 22, 1991.
(4)
SENT BY:TOWNOFWYTHEVILLE 01-12-910~:S~AM 7032206SE5~ ~ 2
PROCLAMATION
WHEREAS,
and the world in general; and,
WHEREAS, Tuesday, January 15,
deadline for the Iraqi withdrawal
these are critical rimes for our country in particular
1991, is =he United Nations
from KUWait; and,
/ WHEREAS, as that dead.line passes, the complexion of this entire
world will.he affected; and,
z WHEREAS, as Mayor of the Town of W~heville, I am a~utely aware
that we are bur one small =own at =he gateway of the hub of
Southwest virginia, but we are a proud an~ confident people; and,
~ WHEREAS, this very night, some of our own sons and daughters are
deployed in =hat faraway desert, willing to pay the supreme sacrifice
with =heir own blood =ha= those of us a= h~ can continue to enjoy
the freedoms we have.
v/ NOW, T~, BE iT RESOLVED as ~ayor of the Town of
w1~chevllle, I urge--in =he strongest term~ possible--every citizen
of the Town, every man, woman a~d child, to do two things on Tuesday,
January 15, 1991, as the deadline passesz
F£rst, I ask ~hat every one of our citizens take ti~e at least
/twice during the day Tuesday to pray that ~od, by whatever name
called, will grant Divine guidance, wisdom a~d inspiration for the
resolution of =he di~fioult issues in the Persian Gulf, for it is
only with Divine assistance that resolution will come. I have
contacted =he Wy=he County Ministerial Association and requested
/=ha= all of our churches and chapels be open throughout the day on
Tuesday so =ha= =hose of our citizens who wish to do so may take
time to pray in the church of =heir choice.
SE~T BY:TO~NOF~YTHEUILLE 01-12-91
secondly, I urge our citizens to burn their lights all day
on Tuesday, January 15, in motor vehicles as they are operated and
on the porches throughout our Tow~ so that those who pass by and see
the lights on the cars and on the houses may be reminded of the
critical importance of this time. ! have directed all municipal
vehicles and equipment to burn their headlights ~han in use all day
on Tuesday. May the lights serve as a constant reminder that the
i~sues faced thousands of miles fro~ our doors involv¢'~ our o~n
mothers and fathsrs, sons and daughters, brothers and sisters, loved
ones and friends, and will have direct impact on our own daily lives
here in =he Town of W~cheville.
T~BRSFO~, BE IT FURTHER RESOLV~D that it is my sincere hope
that by praying and burning lights that the oitise~s of our Town can
send a message far beyond our Town limits =hat says we care, hope
for, and pray fo= ~hs best.
in witness hereof, I hereunto ss~ my hand this 14th day of
January, in the year of our Lord, Ninetee~Htmdredand Ninety-one.
Trenton G. Crewe, Jr.
M~yor
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C/~urch Avenue, $ W, Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy Clzy Clerk
File #40-132
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Mr. Wilburn C. Dibiing,
City Attorney
Roanoke, Virginia
Gent leman:
At the regular meeting of the Council of the City of Roanoke held
on Monday, January 14, 1991, a public hearing was held to deter-
mine if the citizens of the City of Roanoke desire that Council
request the General Assembly of Virginia to modify the manner in
which the members of City Council are elected, specifically as to
whether all or some members of City Council should be elected
from election districts and, if so, how such election districts
should be organized.
On motion, duly seconded and adopted, the matter was referred
back to you for report to Council by Monday, March 11, 1991, with
regard to steps that must be taken prior to resolution of the
question. Council requested that public hearings be held in all
four quadrants of
the City.
Sincerely,
~4ary F. Parker, CMC/AAE
City Clerk
MFP: ra
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL BUiLDiNG
ROANOKE, VIRGINIA 24011-1595
WILBURN C. DIBLING, JR.
CIT~ A~rORNEY
January 14, 1991
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: City Council Election Procedures
Dear Mrs. Bowles and Gentlemen:
At the City Council meeting of November 12, 1990, the issue of
Council election procedures was discussed. This issue was refer-
red to the City Attorney for study and report with regard to the
legal aspects. Specifically, I was requested to respond to five
questions of Council, and this report addresses each of Council's
questions.
City Council also directed that a public hearing be held on
January 14, 1991, to obtain the views of citizens as to whether
some or all members of Council should be elected from election
districts (wards) and, if supported, how such election districts
should be organized. I have caused a notice of such public hear-
ing to be published.
Is The City Legally Required By The Decision In
Collins v. City of Norfolk, 883 F.2d 1232 (4th
~ir. 1989), cert. denied, U.S. (1990),
Or By Any Other Legal Precedent To E~tablish An
Election District System?
In Thornbur$ v. Gin$1es, 478 U.S. 30 (1986), the Supreme Court
of the '~'nited States stated that at-large electoral systems are
not ~er se illegal. Additionally, the language of amended Section
2 of the Voting Rights Act and the cases which apply Section 2
have noted that each case rests on its own facts in that an elec-
toral system's dilutive impact is to be judged on the "totality of
circumstances.,, Considering the "totality of the circumstances"
as to the City of Roanoke, a strong case can be made that the
City's at-large voting system has no dilutive effect on black
voting rights. This City has a long history of black representa-
tion on City Council beginning with Mayor Taylor's first election
in 1976, and blacks now hold two seats on City Council (28.6%
black representation). Moreover, there is considerable evidence
to refute any allegation of racially polarized voting in the City.
Honorable Mayor and Members
of City Council
January 14, 1991
Page 2
The record in this regard reflects that black Council candidates
have enjoyed considerable white support. In 1980, Dr. Wendell
Butler was elected Vice-Mayor after winning the most votes in a
field of six candidates in which he was the only black. In 1984,
Mayor Taylor ran for reelection against one white candidate, an
incumbent Council member, and received 68.6% of the white vote.
In 1990, William White, Sr., was elected to City Council carrying
27 of 32 precincts. If the City's at-large election system has no
dilutive effect, there is no requirement of change.
Under the ~ test, in order to prevail in a voting rights
case, a plaintiff must prove three threshold requirements. These
requirements are as follows:
(1)
that the minority group is sufficiently
large and geographically compact enough
to constitute a majority in a single
member district;
(2) that the minority group votes cohesively;
and
(3)
that white voters vote sufficiently as a
bloc to usually defeat the minority's
preferred candidates.
As to the first precondition, the minority group must be able
to show at least a voting age majority in one election district
that meets normal redistricting criteria and when combined with
the other districts has no more than 10% total population
deviation. Case law appears to require further that the minority
district must have an even higher black percentage which will pro-
duce a majority of voters rather than a simple voting age popula-
tion majority, but this question may be answered in the Fourth
Circuit appeal in the Henrico County voting case, McDaniel v.
Mehfoud, 702 F.Supp. 588 (E.D.Va. 1988). The concentration of
black population under 1980 Census data as shown on the map pre-
viously submitted to the Justice Department in obtaining approval
of Roanoke Metropolitan Government (RMG) election districts
suggests that, unless there have been significant demographic
changes in the past decade, at least one and perhaps two compact
black districts could be drawn in this City. Whether an election
district system would result in more black election districts than
seats currently held by black-supported candidates is one factor a
court would look at. The election returns considered as part of
The Honorable Mayor and Members
of City Council
January 14, 1991
Page 3
the RMG submission suggest that black voters are cohesive and,
hence, the second precondition is met. ~'~
The Norfolk decision dealt primarily with the third precondi-
tion concerning usual defeat of minority supported candidates.
Notwithstanding the fact that Norfolk's black citizens had approxi-
mately proportional representation by candidates supported by a
majority of black voters and black political endorsement for over
a decade, the Fourth Circuit was unwilling to count some of those
wins because some of the black candidates of choice were white.
This was true even where these black-supported white candidates
had defeated black candidates in multi-candidate, multi-seat elec-
tions. The Fourth Circuit also cast aspersions on some of the
black winners because they had won as incumbents. Furthermore,
although Norfolk has had two black-supported black council members
since 1984, the Fourth Circuit discounted this success because the
second black candidate was not elected until after suit was
brought (even though he had served continuously for more than five
years before the Fourth Circuit heard the Norfolk appeal). In
short, the Norfolk decision has complicated defense of at-large
systems, particularly as to the issue of whether there is usual
success of minority preferred candidates.
If The City Council Opts To Establish An
Election District System, What Legal
Principles ~ust Be Adhered To?
If the City Council desires to establish an election
district system, then it has some latitude. Subject to several
factors discussed below, the size of Council can be increased or
decreased and a mixed system including election districts and at-
large seats is an option. In drawing election districts, up to
10% deviation from the most populated district to the least popu-
lated is permissible. Under State law, election districts should
be compact and contiguous and follow clearly observable boun-
daries. See §24.1-40.8, Code of Virginia (1950), as amended.
NeighborhOods should not be split up, particularly minority neigh-
borhoods.
In drawing black controlled election districts, the City
should attempt to provide a super majority of black voters. This
can be achieved by drawing districts that are usually in the
neighborhood of 60% to 65% black which accounts for a demograph-
ically younger black population, lower registration and lower tur-
nout. There may be some flexibility here since a review of past
Honorable Mayor and Members
of City Council
January 14, 1991
Page 4
election results in the City of Roanoke indicates a higher percen-
tage of black registrants voting than white registrants.
While technically all that the Justice Department requires in
order to preclear an amended voting plan is that there be no
"retrogression" in the opportunity for minorities to elect candi-
dates of choice, i.e. that minorities be no worse off than under
the previous plan, Council will want to draft a plan that provides
proportionate representation for black citizens. Anything less
may produce objections.
While there may be at-large seats as part of an election dis-
trict plan, the black percentage will be measured against all
seats rather than just the election district seats. For example,
if you have a nine member council including two at-large seats and
the black population is 20% of the overall population, then you
would want to draw two out of the seven election districts as
being black districts. Even though black citizens would have
28.6% of the election districts seats (two of seven), they would
only have 22.2% of the seats overall (two of nine). To draw less
than two black election districts under this scenario would invite
objection unless it can be shown that a black candidate would
clearly win an at-large seat.
3. Must Any Election Districts Created By City
Council Be Eased On The 1990 Census Data?
For purposes of determining equal population under one person,
one vote, courts look to the most recent available Census data.
As a practical matter, it would not be possible to draw a plan and
get it to Justice for preclearance prior to the release of the new
Census data. The 1990 Census will provide the most reliable in-
formation as to where people live and the racial composition of
the City. Only after the 1990 Census results are announced can
an opinion be rendered as to whether the black community is in
fact under represented and if black election districts could pro-
duce greater representation. Any plans, therefore, must be based
on the 1990 Census.
4. What Procedural Steps Are Necessary For
Adoption Of An Election District Plan?
If City Council desires to establish an election district plan,
thorough analysis of the 1990 Census data will be required. Based
Honorable Mayor and Members
of City Council
January 14, 1991
Page 5
on this data, Council will need to determine the number of elec-
tion districts desired, keeping in mind the requirement that the
percentage of safe black seats on the entire Council must equal
the percentage of blacks in the overall population, as well as the
total number of Council members. Council would then want to agree
upon a map reflecting the boundaries of the agreed upon number of
election districts.
The entire process should provide full opportunity, through
public notices and public hearings, for black citizens to parti-
cipate and comment. Whether there has been full opportunity for
black citizens to participate and comment will be the subject of
the Department of Justice inquiry. A series of citizen work-
shops, such as those used in the consolidation process, might be
useful in obtaining full participation of the entire community.
The next step would be to obtain approval of the General
Assembly through amendment of the City Charter. Section 4 of the
City Charter would need to be amended, specifying the number of
seats on Council, the number of election district seats, the ef-
fective date of any change and the terms of Council members, some
of which might be cut short. This, of course, can not be accom-
plished at the 1991 Session because Charter bills must be intro-
duced on or before the first day of the Session.
Subsequent to General Assembly approval of required Charter
amendments, City Council would by ordinance establish the bounda-
ries of the election districts. Thereafter, a Section 5 Voting
Rights submission similar to that which was prepared in obtaining
Justice Department approval of RMG election districts would be put
together and promptly submitted to the Justice Department.
Justice has 60 days to act after it receives all information and,
as you know, this can sometimes drag on to 90 or 120 days by
reason of their request for additional information.
®
May A Referendum Be Held To Determine If
The Voters Of The City Support Amendment
of Council Election Procedures?
Special elections are governed by 524.1-165, Code of Virginia
(1950), as amended. According to its terms, 524.1-165 supersedes
any other provision of law, including any municipal charter. Sec-
tion 24.1-165 provides in pertinent part as follows with respect
to special elections:
The Honorable Mayor
of City Council
January 14, 1991
and Members
Page 6
"No referendum shall be placed on the ballot,
unless specifically authorized by statute, or
municipal charter provisions of · [listing
certain cities not including Roanoke], or in
the case of a referendum to authorize the issu-
ance of bonds of a city or town. ,,
Thus, a referendum as to Council election procedures is not per-
mitted unless specifically authorized by statute.
Chapter 17, Governmental Charters, of Title 15.1, Code of
Virginia, establishes two alternative procedures for amendment of
municipal charters. See 5§15.1-833 through 15.1-835. The first
procedure is that commonly followed by this City, i.e. conduct of
a public hearing as to proposed amendments after the text or an
informative summary of such proposed amendment has been published
in a newspaper of general circulation at least ten days in advance
of the required public hearing. See 515.1-835. The second proce-
dure, however, permits holding an election to determine whether
the qualified voters of a municipal corporation desire the General
Assembly to amend its charter. See 515.1-834. At least ten days
prior to the holding of such special election, the text or an
informative summary of any proposed amendment shall be published
in a newspaper of general circulation. See 515.1-834. Voter
approval becomes null and void if a bill"incorporating such
charter amendments is not introduced at the next succeeding
session of the General Assembly or, if at such session, the
General Assembly fails to enact or passes by indefinitely any
voter approved amendments. See 515.1-834.
No referendum may be held under 515.1-834 except pursuant to
court order. See 524.1-165. The order calling a special election
shall state th~ question to appear on the ballot, and any special
election shall be ordered at least sixty days prior to the date
for which it is called. ~ee 524.1-165.
In conclusion, 515.1-834 permits a special election as to pro-
posed amendments to the Charter. General questions may not be put
to the electorate; qualified voters would instead be asked whether
they approve or disapprove the specific language of a charter
amendment relating to new Council election procedures. Such elec-
tion must be ordered by the Circuit Court at least sixty days in
advance.
Honorable Mayor and
of City Council
January 14, 1991
Members
Page 7
I trust that this report is fully responsive to Council's re-
quest.
With kindest personal regards, I am
WCD:ff
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
John R. Marlles, Chief,
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
Community Planning
Misc. 1/14/91 - Council
110 Mountain Ave.
Roanoke, Virginia
(703)342-~012
January 6, ~99~
S.W. #8
240~6
Mayor Noel C. Taylor
Councilman David A. Bowers
Councilman Beverly T. Fitzpatrick, Jr.
Gentlemen,
I want to thank you for your Courtesy in acknowledging receipt
of my submissions regarding a ward system for the election of future
city Councils.
I regret to inform you that Monday, January 14, 1991 will find me
out of state and therefore unable to attend and participate in the pro-
ceedings of the public hearing. Irreversible plans had been made prior
to the Council's designation of the above date. However, my regret is
tempered by the fact that although I raised the ward concept in December
of 1988, and repeated same in April of ~989, my role as initiator of the
public discussion was not deemed sufficiently serious enough to warrant
prior consultation in regards to my availibility for the date of the public
hearing.
I will follow with interest the proceedings upon my return and will
make every effort to contribute to a successful culmination of this long
Overdue civic improvement.
Indeed, I am pleased that initial public comment has indicated a
willingness to formulate a plan and submit it to the voters via public
referendum. I would hope that my suggestions on term limitations and
citizen initiatives would also be included in such a referendum.
I am sure that the city council's decision for a public referendum
would be furthered by a commitment of resources sufficient to adequately
and objectively inform the voting public in regards to questions they
may have. Something letter-sized, two-color, glossy paper, three-fold,
with attractive graphics entitled, "Answers To ~our Questions On The
Roanoke City Council Ward Plan," with production in sufficient quantities
for mailing to all city households prior to a vote would be quite advisible.
I have no doubt that properly studied, formulated, and discussed,
the ward plan to be adopted will lead to great benefit for all the people
Pf Roanoke.
Sincerely,
Robert -~Firebaugh
ROANOKE TIM~S & WORLO-NE~S
AJ~ NUMBER - 10203357
PUBLISHER'S FEE -
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM 456 MUNICIPAL BLOC
ROANOKE VA 2~OlI
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
It (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATIONt WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWSt A
DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN
THE STATE OF VIRGINIAt DO CERTIFY THAT
T~E ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
01/04/91 MORNING
WITNESS, THIS 7TH DAY OF JANUARY 1991
· _
HO ZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO CITIZENS OF THE CITY OF ROANOKE:
NOTICE IS HEREBY GIVEN that the Council of the City of
Roanoke will hold a public hearing on Monday, January 14,
1991, at 7:30 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 deter-
mine if such citizens desire Council to request the General
Assembly of Virginia to modify the manner in which the members
of City Council are elected, specifically whether all or some
members of City Council should be elected from election dis-
tricts and, if so,
organized.
GIVEN under my
how such election districts should be
hand this 31st day of December, 1990.
Mary F. Parker, City Clerk
NOTE TO PUBLISHER:
Publish once on Friday, January 4,
Send bill and publisher's affidavit
Mary F. Parker, City Clerk
456 Municipal Building
Roanoke, Virginia 24011
1991.
to:
710 Mountain Ave. S.W. #8
Roanoke, Virginia 24076
(703)342-1012
December 4, 1990
The Honorable Noel C. Taylor
215 Church Ave. S.W.
Roanoke, Virginia 24011
& Members of City Council
Dear Mr. Mayor and Members of Council,
I write to you once again with furhher voting patterns from past
elections.
have
It is all well and good toAdemographic studies but
of class and caste can be found in the actions of those
who participate in the process.
the reality
of any community
It is also well and good to have individuals and groups address
the council regarding their special interest, but I would hope that one
would see the validity of the expression, "watch what we do, not what
we say."
In this spirit I provide you ~ data from the "blue law" repeal
vote of 1986, the lottery referendum of ]987 and the pari-mutuel refer-
endum of ]988. '
T hope you will find them enlightening.
Sincerely,
BLUE LAW REPEAL VOTE ..... City totals,
Northwest Ward--High #1
Lin. Terr
Melrose
Eureka Pk.
Eastern Ward Wm. Rd. #7
Wm. Rd. #2
Wm. Rd. #3
Wm. Rd. #4
Wm. Rd. #5
Wm. Rd. #6
Robert E. F~'rebaugh
Yes--44% No--56%
Yes No Yes No
59% 41% Villa Hgts. 45% 55%
58% 42% Westside 48% 52%
50% 50% Peters Crk. 46% 54%
52% 48% Wash. Hgts 45% 55%
~WARD. TOTAL Yes--48% No--52%
es No
Yes No
42% 58% Monterey 39% 6]%
40% 60% Tinker 39% 67%
40% 60% Jefferson #1 40% 60%
47% 59% Jeff-Riverdale 35% 65%
37% 63% Garden City 42% 58%
41% 59%
WARD TOTAL Yes--40% No--60%
(CONTINUED ON PAGE TWO)
(1)
BLUE LAW REPEAL VOTE CONTINUED
Southern Ward
High #2
Wasena
Jefferson #2
Fishburn Pk.
South Rke. #1
South Rke. #2
Grandin Ct.
Lee-Hi
WARD
Yes No Yes No
50% 50% Raleigh Ct. #1 43% 57%
44% 56% Raleigh CT. #2 48% 52%
45% 55% Raleigh Ct. #3 47% 53%
40% 60% Raleigh Ct. #4 44% 56%
46% 54% Raleigh Ct. #5 50% 50%
46% 54%
45% 55%
42% 58%
TOTALS Yes--45% No--55%
LOTTERY REFERENDUM--City Totals,
Yes
Northwest Ward High # 69%
Lin. Terr, 73%
Melrose 73%
Eureka Pk. 75%
Yes--49% No--51%
No Yes No
31% Villa Hgts. 66% 34%
27% Westside 56% 44%
27% Peters Crk. 56% 44%
25% Washington Hgts. 56% 44%
Yes--64% No--36%
Eastern Ward
Southern Ward
WARD TOTALS
Yes No
Wm. Rd. #1 48% 52%
Wm. Rd. #2 43% 57%
Wm. Rd. #3 50% 50%
Wm. Rd. #4 43% 57%
Wm. Rd. #5 45% 55%
Wm. Rd. #6 41% 59%
WARD TOTALS
Yes No
High #2 58% 42%
Wasena 48% 52%
Jefferson #2 46% 54%
Fishburn Pk. 40% 60%
South Rke. #1 36% 64%
South Rke. #2 38% 62%
Grandin Ct. 43% 57%
Lee- Hi 38% 62%
WARD TOTALS
Yes No
Monterey 43% 57%
Tinker 47% 53%
Jefferson #1 44% 56%
Jeff-Riverdale 43% 57%
Garden City 47% 53%
Yes--45% No--55%
Yes No
Raleigh Ct. #1 47% 53%
Raleigh Ct. #2 43% 57%
Raleigh Ct. #3 46% 54%
Raleigh Ct. #4 44% 56%
Raleigh Ct. #5 44% 56%
Yes--43% No--57%
PARI-MUTUEL HORSE RACING--City totals,
Yes No
Northwest Ward
Eastern Ward
High #1 65% 35%
Lin. Terr. 71% 29%
Melrose 70% 30%
Eureka Pk. 70% 30%
WARD TOTALS
Yes No
Wm. Rd. #1 47% 53%
Wm. Rd. #2 45% 55%
Wm. Rd. #3 52% 48%
Wm. Rd. #4 44% 56%
Wm. Rd. #5 44% 56%
Wm. Rd. #6 44% 56%
WARD TOTALS
Yes--50% No--50%
Yes NO
Villa Hgts. 63% 37%
Westside 55% 45%
Peters Crk. 52% 48%
Washington Hgts. 50% 50%
Yes--58% No--42%
Yes NO
Monterey 42% 58%
Tinker 45% 55%
Jefferson #1 46% 54%
Jeff-Riverdale 43% 57%
Garden City 46% 54%
Yes--45% No--55%
(CONTINUED ON PAGE THREE(
(2)
PARI-MUTUEL HORSE RACING
Southern Ward
High %2
Wasena
Jefferson #2
Fishburn Pk.
South Rke.
South Rke. #2
Grandin Ct.
Lee-Hi
Yes No
56% 44%
51% 49%
49% 51%
46% 54%
48% 52%
57% 49%
46% 54%
46% 54%
WARD TOTALS
Yes No
Raleigh Ct. #1 52% 48%
Raleigh Ct. #2 50% 50%
Raleigh Ct. #3 47% 53%
Raleigh Ct. #4 49% 51%
Raleigh Ct. #5 49% 51%
Yes--49% No--51%
SPECIAL NOTE:
The above three voting issues were selected based on
the recent nature of their respective elections and
as a rough approximation of socio-economic, cultural,
and prevailing mores of their respective communities
of interest.
110 Mountain Ave.
Roanoke, Virginia
(703)342-1012
November 26, 1990
S.W. #8
24016
The Honorable Noel C. Taylor
215 Church Ave. S.W.
Roanoke, Virginia 24011
& Members of
Roanoke
City Council
Dear Mr. Mayor and Members of Council,
I write in advance of the public hearings to be held in January
for the development of a ward system for the election of city council.
I resubmitt the following that was forwarded to you in the Spring
of 1989:
That city council be enlarged by 2 additional members for a
total of 9.
That the nine positions consist of:
1 Mayor ..... elected at-large to a four-year term in 1992.
1 First Vice-Mayor ..... elected at-large to a four-year term
in 1992.
1 Second Vice-Mayor .... elected at-large to a two-year term in
1992.
Council members ...... elected from 2 member~; districts consisting
of the following precincts(One ward council-
member eleeted to a four-year term and another
elected to a two-year term from each ward~in,
~992)
NORTHWEST WARD--Highland #1, Lincoln Terrace, Melrose, Eureka Park,
Villa Heights, Westside, Peters Creek, Washington
Heights.
EASTERN WARD .... Williamson Road #1, #2, #3, #4, #5, #6, Monterey,
Tinker, Jefferson #1, Jefferson-Riverdale, Garden
City.
SOUTHERN WARD---Highland #2, Wasena, Jefferson #2, Fishburn Park,
South Roanoke #1,#2, Grandin Court, Lee-Hi, Raleigh
Court #1, #2, #3, #4, #5.
I contend that the above reflects relatively continguous areas and
share a general community of interest.* And, the ward division outlined above
meets the Supreme Court "one man, one vote" requirement not exceeding 10%
population variation based on 1980 census figures.
I would suggest that simultaneously the planned public hearings be open
to a discussion of a three term limit on continuous service on city council
and the possibilities of allowing municipal referendum from citizen initiative
upon the filing of petitions equal to 20% of the registered voters.
(1)
*see attachments of voter data reflecting shared directions on significant
issues of recent import to the city.
I thank you for your time and consideration in this maater. I look
forward to the public discussions in January and the subsequent progress
that will accrue to the city through the adoption of a satisfactory ward
plan.
Sincerely,
Robert E. zr~ebaugh
COPY TO:
1989 Roanoke Neighborhood Partnership Steering Committee
Members and Associates of the Roanoke Neighborhodd Partnership
Mr. Alton B. Prillaman
Mrs. Evangeline B. Jeffrey
Mr. A. Byron Smith
Rev. Charles T. Green
(2)
COMMUNITIES OF INTEREST IN ROANOKE CITY AS IDENTIFIED BY ACTUAL VOTES CAST
It THE RIVER FLOOD CONTROL BOND ISSUE OF APRIL 1989 AND THE CONSOLIDATION
VOTE IN NOVEMBER OF 1990.
APRIL
(%o be financed by a 2% rise in the utility tax)
CITY VOTE TOTALS ¥es--57% No--43%
Yes NO Yes No
NOR~W~S~ WAR~ ..... High #1 61% 39% Villa Hgts 58% 42%
Lin. Terr 72% 28% Westside 46% 54%
Melrose 63% 37% Peters Crk. 53% 47%
Eureka Park 72% 28% Wash. Hgts 42% 58%
WARD TOTAL Yes--53% No--47%
Yes No Yes No
EASTERN WARD ...... Wm. Rd #1 43% 57% Monterey 42% 58%
Wm. Rd.#2 42% 58% Tinker 34% 66%
Wm. Rd.#3 36% 64% Jefferson #~ 39% 61%
Wm. Rd.#4 52% 48% Jeff-Riverdale48% 52%
Wm. Rd.#5 42% 58% Garden City 44% 56%
Wm.' Rd.#6 43% 57%
WARD TOTAL Yes--43% No--57~es
Yes No No
SOUTHERN WARD ..... High #2 50% 50% Raleigh Ct.#1 57% 43%
Wasena 62% 38% Raleigh Ct.#2 63% 37%
Jefferson #2 63% 37% Raleigh Ct.#3 58% 42%
Fishburn Pk. 64% 36% Raleigh Ct.#4 67% 33%
South Rke.#l 73% 27% Raleigh Ct.#5 54% 86%
South Rke#2 74% 26%
Grandin Ct. 61% 39%
Lee-Hi 65% 35%
1989 .... Vote on issuance of bonds for Roanoke River flood control(
WARD TOTAL Yes--64% No--36%
NOVEMBER 1990--Vote on consolida~iOn~es ~th Roanoke County--..~
NORTHWEST WARD .... High #1 68% 32% Villa Hgts 73%
Lin. Terr
Melrose
Eureka Pk.
~ASTERN WARD ...... Wm. Rd.#1
Wm. Rd.#2
Wm. Rd.#3
Wm. Rd.#4
Wm. Rd.#5
Wm. Rd.#6
27%
68% 3@%% Westside 66% 34%
g8% ~2% Peters Crk. 64% 36%
7~% 28% Wash. Hgts 57% 43%
WA~ TO ~L Yes--67%
~s ~o N°--33~es No
58% 42% Monterey 59% 41%
60% 40% Tinker 51% 49%
54% 46% Jefferson #1 48% 52%
66% 34% Jeff-Riverdale 53% 47%
58% 42% Garden City 57% 43%
61% 39%
WA~Q~TO~L Yes--57% No--43~
~o ~,~ es No
68% 32% Raleigh Ct.#1 66% 34%
70% 30% Raleigh Ct.#2 70% 30%
Raleigh Ct.#3 70% 30%
Raleigh Ct.#4 78% 22%
Raleigh Ct.#5 79% 21%
SOUTHERN WARD ..... High #2
Wasena
Jefferson #2 71% 29%
Fishburn Pk. 79% 21%
South Rke.#1 90% ~0%
South Rke.#2 86% 14%
Grandin Ct. 77% 23%
Lee-Hi 74% 26%
Yes--76% No--24%
WARD TOTAL
(3)
Office of the City Clerk
Novemoer 15, 1990
File #132-40
Mr. ~. Robert Herber[ Mr. ~ilburn C. Diblinq,
City Manager City Attorney
Roanoke, Virginia Roanoke, Virginia
Jr.
Gentlemen:
I am attaching copy of a communication from Council ~emuer David
A. Bowers with regard to the establishment of a ward or modified
ward system beginning with the next Council election in 1992,
which communication ~as before t~e Council of the City of Roanoke
at its regular meeting held on Monday, November 12, 1990.
On motion, duly seconded and unanimously adoptea, the matter was
referred to the City Manager to provide demographic information
and to advise Council as to whether or not the City administra-
tion has the capability of analyzing demographics. T,he matter
was also referred to the City Attorney for study and report with
regard to the legal aspects.
Sincerely,
Mary F. Parker, CMC/AA~
City Clerk
MFP:ra
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoka, Virginia 24011 (703) 981.2541
Office of the CounciJ
November 7, 1990
Honorable Mayor and Members of
City Council
Roanoke, Virginia
Roanoke
Dear Mrs. Bowles & Gentlemen:
If we can't bring the entire Roanoke Valley into
the 20th Century (i.e., consolidation), at least the City
Council should take the lead in bringing our own City up-to-
date on issues affecting contemporary society. Now is the
time to act positively on an anti-discrimination ordinance
involving city establishments, and on a study of instituting
a ward/modified ward system for Roanoke City Council.
My grandfather told my mother, and my mother told
me, about the times earlier in this century when "No Irish
Allowed" signs were posted in certain parts of the country.
More recently, we all have been aware of advances on behalf
of women, African-Americans and other minorities in their
efforts to socially, culturally and financially integrate
into our contemporary society. Thank God, gone forever are
the days of persons having to sit at the back of a bus be-
cause of the color of their skin, and gone forever is the
bar to having a woman sit on the Supreme Court of our Common-
wealth and our nation. The Irish, once discriminated against,
are now accepted. Soon, I hope, the day will come when women
and African-Americans and other minorities shall not be dis-
criminated against because of their sex or race or national
origin.
The time is now for Roanoke City, a leader in our
Commonwealth, to state conclusively that it shall be illegal
to discriminate in the operation of any establishment if
that discrimination is based on sex, race, and/or national
origin. By this letter, I am respectfully requesting that
the City Attorney's office be directed to prepare a con-
stitutionally acceptable ordinance for these purposes for
consideration at the next meeting of Roanoke City Council.
It's time for all persons in society to be accepted equally.
Now, as to the second matter, I understand that
recent court action has invalidated the at-large system of
electing Council members in the City of Norfolk, Virginia.
That system is apparently similar to our at-large system
here in the City of Roanoke. Therefore, I would respect-
fully submit that the na-wrltlng is on the wall" and that
"ha ~ ' ·
Room 4S6. MuniciDalBuddi~tg 215 Chu,(hAvenue. S W Roanoke. Vir(jima 24011 (703)981-25~11
Honorable Mayor and Members of
City Council
November 7, 1990
PAGE TWO
Roanoke
it is only a matter of time until Roanoke will be scrutinized
by the judiciary for the same reason.
Accordingly, in a spirit of "preventive law," acting
pro-actively and, of course, wanting to do the right thing,
I would respectfully suggest, by this letter, that City
Council begin the legal and demographic studies necessary
to propose, approve and implement a ward or modified ward
system beginning with the next Council election in the Spring
of 1992. Perhaps this matter could be referred to our newly-
formed Legislative Committee since, I believe, it might
require charter changes and, thus, approval by the General
Assembly of Virginia.
It's important to note for our citizens that four
of the current seven members of Council live in the South
or Southwest parts of the City. Only one member lives in
the Williamson Road area, only one lives in Northwest, and
I am the only member residing in Southeast (i.e., Walnut
Hill). Notwithstanding that, in my opinion, you are all
excellent leaders for our City, I cannot ignore the fact
that some areas of our City have been under-represented in
number (i.e., Williamson Road, Northwest) and many, many
neighborhoods have had no representation at all in the last
twenty years (i.e., Gainsboro, Monterey, East Gate, Old South-
east, Old Southwest, Hurt Park, Villa Heights, etc.). This
can no longer be acceptable to Roanoke citizens.
Contemporary justice demands that the political,
social, business and neighborhood leaders of our City come
forth now to educate and lead our citizens regarding these
two issues. What we are really seeking to address is
legislation that will make every establishment in our City
acceptable to all of our citizens, and, secondly, legis-
lation that will provide an even greater opportunity for
fair, equal and even better representation at the highest
level of our City government.
I will ask the Clerk to place this correspondence
under Petitions and Communications on the Council Agenda
for our November 12, 1990, meeting. At that meeting, I will
move the Council to authorize the City Attorney to bring
to us for our prompt consideration an anti-discrimination
ordinance. Secondly, I will move the Council to approve,
the concept of a ward/modified ward system for City Council
and ask that the matter be referred to the Legislative
Honorable Mayor and Members of Roanoke
City Council
November 7, 1990
PAGE THREE
Committee for further, immediate study and recommendation.
I ask that you all concur in both requests.
Best personal regards to you all.
DAB/jfk
Councilman
Honorable Mayor and Members
of the Roanoke City Council
November 8, 1990
PAGE FOUR
ADDENDUM TO NOVEMBER 7, 1990 LETTER FROM
DAVID A. BOWERS
There should be two exceptions to any proposed anti-
discrimination ordinance. The first exception would be for
institutions organized ann operated exclusively for religious
purposes, and the second exception should be for lodges or other
fraternal or benevolent associations organizea for the benefit of
members and not for profit. I am advised that to regulate these
types of organizations in their membership policies would appear
to conflict to First Amendment rights pertaining to religion and
association.
DAB
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
SANDRA H. EAKIN
Deputy C~y Clerk
January 15, 1991
File #79-226
Mr. Theodore J. Edlich, III
Executive Director
Total Action Against Poverty
in Roanoke Valley
P. O. Box 2868
Roanoke, Virginia 24001
Dear Mr. Edlich:
I am enclosing two copies of Resolution Ho. 30367-11491 sup-
porting tax exemption of certain property owned by Total Action
Against Poverty in Roanoke Valley in the City of Roanoke used by
it exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between Total
Action Against Poverty in Roanoke Valley and this City.
Resolution Ho. 30367-11491 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, January 14, 1991.
Resolution No. 30367-11491 shall be in full force and effect at
such time as a copy, duly signed by an authorized officer of the
Corporation has been filed in the Office of the City Clerk.
Please return one copy of the above referenced Resolution to the
Office of the City Clerk, Room 456, Municipal Building, Roanoke,
Virginia 24011.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eric.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W, Room 456
Roanoke. Wrgmsa 24011
Telephone: (703)981-2541
SANORA H. EAKIN
Deputy Oty Clerk
January 15, 1991
File #79-226
The Honorable Jerome S.
Commissioner of Revenue
Roanoke, Virginia
Howard, Jr.
Dear Mr. Howard:
I am attaching copy of Resolution No. 30367-11491 supporting tax
exemption of certain property owned by Total Action Against
Poverty in Roanoke Valley in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between Total
Action Against Poverty in Roanoke Valley and this City.
Resolution No. 30367-11491 was adopted by the Council of the Ci£y
of Roanoke at a regular meeting held on Monday, January 14, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
MARY F. PARKER
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W,Room 456
Roanoke, Virg~ma 24011
Telephone: (703)981-2541
SANDRA H. EAKIN
Deputy C~zy Clerk
January 15, 1991
File #79-226
The Honorable Gordon
City Treasurer
Roanoke, Virginia
E. Peters
Dear Mr. Peters:
I am attaching copy of Resolution No. 30367-11491 supporting tax
exemption of certain property owned by Total Action Against
Poverty in Roanoke Valley in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-
profit basis, and memorializing a certain agreement between Total
Action Against Poverty in Roanoke Valley and this City.
Resolution No. 30367-11491 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, January 14, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of January, 1991.
No. 30367-11491.
VIRGINIA,
A RESOLUTION supporting tax exemption of certain property
owned by Total Action Against Poverty in Roanoke Valley in the City
of Roanoke used by it exclusively for charitable and benevolent pur-
poses on a non-profit basis, and memorializing a certain agreement
between Total Action Against Poverty in Roanoke Valley and this
City.
WHEREAS, Total Action Against Poverty in
after "the Corporation") has petitioned this
a bill to be introduced at
to exempt certain property
to Article X, §6(a)(6) of
Roanoke Valley (herein-
Council for support for
the 1991 Session of the General Assembly
of the Corporation from taxation pursuant
the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an
to be heard with respect to the Corporation's petition was
Council on January 14, 1991;
opportunity
held by
WHEREAS, the provisions of subsection B of §30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by the
Council;
WHEREAS, the Corporation agrees that the property to be exempt
from taxation is the real property of the Corporation as more par-
ticularly described hereinafter, provided such real property shall be
used by the Corporation exclusively for charitable and benevolent pur-
poses on a non-profit basis;
WHEREAS, in consideration of Council's adoption of this Resolution
and Council's support of a bill hereinafter described in Paragraph 1
to be introduced on behalf of the Corporation at the 1991 Session of
the General Assembly, the Corporation has voluntarily agreed to pay
each year a service charge in an amount equal to five percent (5%) of
the City of Roanoke real estate tax levy, which would be applicable to
real property of the Corporation were the Corporation not exempt from
such taxation, for so long as the Corporation's real property is
exempted from State and local taxation;
THEREFORE, ~E IT RESOLVED by the Council of the City of Roanoke as
follows:
1. Council supports a bill to be introduced at the 1991 Session
of the General Assembly whereby Total Action Against Poverty in
Roanoke Valley (hereinafter "the Corporation"), a non-profit organi-
zation, seeks to be classified and designated a charitable and
benevolent organization within the context of §6(a)(6) of Article X
of the Constitution of Virginia, and whereby
by the Corporation enumerated in Paragraph 2
it exclusively for charitable and benevolent
certain property owned
infra, which is used by
purposes on a non-
profit basis, shall be exempt from State and local taxation.
2. The only real property of the CorporatiOn for which exemp-
tion from State and local taxation is sought by the Corporation is
described as follows:
Official Tax No. Address
2113206 620 Shenandoah Avenue, N. W.
2322001 606, 614 19th Street, N. W.
2013504 110 First Street, N. W.
2311102 23 24th Street, N. W.
3. In consideration of Council's adoption of this Resolution
and Council's support of the bill described in Paragraph 1 of this
Resolution to be introduced at the 1991 Session of the General
Assembly, the Corporation agrees to pay to the City of Roanoke on or
before October 5 of each year a service charge in an amount equal to
five percent (5%) of the City of Roanoke real estate tax levy, which
would be applicable to any real property of the Corporation, in the
City of Roanoke, were the Corporation's property not exempt from State
and local taxation, for
exempted from State and
4. The City Clerk
so long as the Corporation's property is
local taxation.
is directed to forward an attested copy of
this Resolution to the Commissioner of Revenue and the City
for purposes of assessment and collection, respectively, of
vice charge established by this Resolution, and to Theodore
III, Executive Director of the Corporation.
5. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized officer of the Corpora-
tion, has been filed with the City Clerk.
Treasurer
the ser-
J. Edlich,
ATTEST:
ACCEPTED,
in Roanoke Valley this
City Clerk.
AGREED TO, and EXECUTED by Total Action Against Poverty
TOTAL ACTION AGAINST POVERTY
IN ROANOKE VALLEY
By (SEAL)
Theodore J. Edlich, III
Executive Director
day of , 1991.
Roanoke, Virginia
January 14, 1991
The Honorable Noel C. Taylor, Mayor
and Members, Roanoke City Council
Roanoke, Virginia 24011
Dear Mayor Taylor and Members of City Council:
Subject: Request for Exemption from Taxation - Total Action Against
Poverty in the Roanoke Valley
At your December 17, 1990, regular meeting, Mr. Ted Edlich, Executive
Director of TAP, presented a petition to you requesting that certain properties
owned by TAP be exempted from real property taxation. In response, Council
authorized a required public hearing for Monday, January 14, 1991, and referred
the matter to the Administration for review.
In response to Council's request, my staff has met with the City Attorney
to review the criteria for tax exemption which is required by Article 10,
Section 6 (a)(6) of the Constitution of Virginia and by Section 30-19.04 (A),
Code of Virginia (1950), as amended. In the field review of all of the proper-
ties has also been completed and a meeting was held with Mr. Edlich to review
the results of our investigation.
Accordingly, the four improved properties listed as Attachment "A" to this
report, in my opinion, meet the criteria set forth in the legislation noted
above and should be considered for tax exemption by City Council. Eight unim-
proved properties were also submitted for consideration by TAP. In that they
are currently not being used "exclusively" for one of the qualifying purposes,
tax exemption should not be considered at this time. For your information, the
entire list of properties submitted for consideration by TAP is also attached to
this report along with a brief description.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:EBRJr:mp
cc:
City Attorney
Director of Finance
Director, Office of Real Estate Valuation
Commissioner of Revenue
City Treasurer
Executive Director, TAP
Attachment "A"
Properties to be Considered for Real Property Tax Exemption
Location
(1) 620 Shenandoah Avenue
Head Start Building
Tax Map No. 2113206
(2) 606, 614 19th Street* Old Kroger Building
Tax Map No. 2322001
(3)
110 First Street
Old Dumas Hotel
Tax Map No. 2013504
(4)
23 - 24th Street
Transitional Living Center
Tax Map No. 2311102
Assessed Tax Revenue
Value Loss
$123,900.00
$1,548.74
323,000.00 4,037.50
54,000.00 675.00
318,250.00 3,978.12
*Assessed Value and Tax Revenue Loss are prorated since approximately 35% of the
building is currently occupied by Super-X Drug.
Description of Usage of Properties Owned~ bY ~
Total Action Against Poverty in Roanoke V~ley
12-14.
1. Currently not in use. This property represents a portion of the
site of the old TAP headquarters which burned on December 23,
1989. Any future usage of this property will be in accordance
with TAP's stated charitable purpose of providing antipoverty
programs and services to residents of the Roanoke Valley.
2. Currently not in use. This property is the remainder of the Site
of the old TAP headquarters which burned on December 23, 1989.
Any future usage of this property will be~_~ accordance with TAP's
stated charitable purpose of providing antipoverty programs and
services to residents of the Roanoke Valley.
Currently v~cant lots. It is anticipated that these lots will
be utilized in the future in the development of affordable housing
for low-income and moderate income residents of the City of
Roanoke.
10. This property, recently donated to TAP by the Kroger Company, is
in the process of being developed. For that portion of the
property currently occupied by Super X Drug Store, approximately
35 percent, no tax exemption is requested. TAP requests exemption
only for that portion of the property currently not used for
corm~ercial purposes, and exemption is requested only for the time
until the Northwest Supermarket Project is completed and the
property is occupied by a cor~nercial supermarket.
11. This property, located in the Henry Street Renewal area and
deeded to TAP by the Roanoke Redevelopment and Housing Authority,
is currently under development as the Henry Street Music Center, a
not-for-profit cormnunity performing arts center to be operated by
TAP. In its initial phase, the Music Center building will house a
kitchen used to feed TAP's Head Start children and provide food
for other mass feeding programs such as USDA Sur~ner Feeding, Meals
on Wheels and Diners Club. In the second phase of development,
the center will offer to the public special musical performances
on a limited basis and be available for co~lnity gatherings. At
some time in the far future, as the Downtown North area develops,
the center may house a restaurant. At that time, TAP would
request no tax exemption for any coranercial activity.
This property, located at Shaffers Crossing on 24th Street,
N. W., is the site of the Transitional Living Center, a facility
providing emergency and transitional housing and comprehensive
services to the homeless in the Roanoke Valley.
Total Action Against Poverty Properties
Legal Description of Property
S PT L 1-2, B1K 24
RF&H
620 Shenandoah Ave., N.W.
Roanoke, VA
TM 2113206
2) Lot 4 to 8 INC BLK 34
RF & H
702 Shenandoah Ave., N.W.
Roanoke, VA
TM 2113105
3) Lot 16, BLK 13 ~
East Gate
North Ave., N.E
Roanoke, VA
TM 3230416
4) Lot 17, BLK 13 ~
East Gate
North Ave., N.E. ~
Roanoke, VA
TM 3230417
~) Lot 18, BLK 13
East Gate
North Ave., N
Roanoke, VA
TM 3230418
~/6) E½, Lot 2, BLK 26
HP
Loudon Ave., N.W.
Roanoke, VA
TM 2211612
7) Lot 13 & PT 14, BLK 43 ~
RF&H
Centre Ave., N.W.
Roanoke, VA
TM 2111917
8)
Lot 12, BLK 43 /
RF&H ~
Centre Ave., N.
Roanoke, VA
TM 2111916
9)
Lot 34, BLK 17
N S
Rutherford Ave., N.W.
Roanoke, VA
TM 2021519
Assessed Value
Land $ 123,900
Land $ 32,200
Land $ 2,000
Land $ 2,000
Land $ 1,500
Land $ 500
Land $ 3,500
Land $ 2,600
Land $ 800
Annual Taxes
1,548.74
402.50
25.00
25.00
18.74
6.24
43.74
32.50
10.00
Legal Description of Property Assessed Value Annual Taxes
10) Lots 1-16 & 12, Alley Land $114,000 $ 6,062.50
Melrose BLK 71 Bldg. 371,000
~ 606,614,616 Nineteenth St. S.W.
Roanoke, VA
TM 2322001
~/~1) New Tract A Land $ 24,700
Central MFG Corp. Bldg $ 29,300
Loudon Ave., N.W.
Roanoke, VA
TM 2013504
~/~2) Acreage, BLK 4 Runnymeade Land $ 17,900
23 - Twenty Fourth St. N.W. Bldg. 180,600
Roanoke, VA
TM 2311102
~13)
14)
Acreage, BLK 4 Runnymeade
23 - Twenty Fourth St. N.W.
Roanoke, VA
TM 2311102
Acreage, BLK 4 Runnymeade
23 - Twenty Fourth St. N.W.
Roanoke, VA
TM 2311102
Bldg. S 85,000
Bldg. S 34,750
675.00
2,481.24
1,062.50
868.72
NOTICE OF PUBLIC REARING
Notice is hereby given that the City Council of the City
of Roanoke will hold a public hearing at its regular meeting
to be held on January
the Council Chambers,
Church Avenue, S. W.,
14, 1991, commencing at 7:30 p.m., in
4th Floor, Municipal Building, 215
Roanoke, Virginia, on the question of
adoption of a resolution pursuant to §30-19.04, Code of
Virginia (1950), as amended, on a request by Total Action
Against Poverty in Roanoke Valley, Inc., for a designation
of property to be exempted from taxation. Citizens shall
have the opportunity to be heard and express their opinions
on said matter.
GIVEN under my hand this ~26th day of December, 1990.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mary F. Parker,
City Clerk
NOTE TO PUBLISHER:
Please publish once in the morning
Roanoke Times & World News, on January
Send bill to:
Total Action Against Poverty
Attention Mr. Theodore Edlich
Executive Director
P. O. Dox 2868
Roanoke, Virginia
edition of the
2 , 1991.
Office of the City Clerk
December 19, 199U
File #226-79
Mr. Theodore J. Edlich
Executive Director
Total Action Against Poverty
P. 0. Box 2868
Roanoke, Virginia 24001-2868
Dear Mr. Edlich:
Your communication requesting that City Council set a public
hearing to consider a request for tax exemption of property owned
by Total Action Against Poverty, w~s before the Council of: the
City of RoanOke at a regular meeting held on ~onday, December 17,
1990.
On motion, duly seconded and unani~mously adopted, Council sche-
duled a public hearing on the matter for Monday, January 14,
1991, at 7:30 p.m., or as soon thereafter as the ma~ter ~ay be
heard.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: ra
pc:
Mr. W. Robert Herbert, City Manager
Mr. ~ilburn C. Dibling, Jr., City Attorney
Mr. Joel ~. Schlanger, Director of Finance
Room 456 Municipal euildine 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541
Educeflon
£mpln~nent
Health
Housln8 end
Homele~,~neso
N-i_ohhorhoods
Economic
Development
Crime l~evenflon
Georgia Meadows,
l/ev. Eah7 Ogden,
Mon~v P].ymale,
D. Start Barxthfll
john Berry
Betty Carpenter
Elmore Dermis
Bottle Epps
Ted Feinouz
Jos~l~ Gaiter
Je~e Goddord
Gl~o H~ff~y
Z~ Jo~
A. G, Jordan
Hil~ L~son
Bet~ Litdeton
G~rtrude Logan
R~v. Edg~r ~
Nor~ M~
Le~s N~n
L~s
~r~
R~. J~ W.
~ S~r
W~ S~row
Post Office Box 2868
Roanol~, Virginia
24001-2868
(703) 345-6781
Fax (703) 345-4461
December 12, 1990
Mrs. Mary Parker
City Clerk
Municipal Building
215 W. Church Avenue
Roanoke, Virginia 24011
Dear Mrs. Parker:
Please accept this letter as official request that
Roanoke City Council set January 14, 1991 as the date for a
Public Hearing on the petition for a resolution supportinG tax
exemption of property owned by Total Action Against Poverty.
The formal petition will follow under separate cover as
you instructed. Please feel free to contact me if you need
further information.
Sincerely,
Theodore J. Edlich
Executive Director
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION
FROM REAL ESTATE TAXATION OF THE PROPERTY OF TOTAL
ACTION AGAINST POVERTY IN ROANOKE VALLEY, PURSUANT
TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION
OF VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE:
1. Your Petitioner, Total Action Against Poverty in Roanoke Valley,
a Virginia, non-stock, not-for-profit corporation, is the owner of certain
real property located at various locations within the City of Roanoke,
Virginia. A detailed description and plats showing the approximate boundaries
of the subject real property are attached hereto.
2. Your Petitioner currently uses and/or plans to use the subject real
property in various programs and services addressing the root causes of
poverty and designed to increase the self-sufficiency of the low income
residents of the Roanoke Valley.
3. Your Petitioner desires to be an organization designated by a section
within Article 4, Section 58.1-3650 e__t seq. of the Code of Virginia of
1950, as amended, in order that the subject real property and any personal
property to be installed therein, (the "Property") and used exclusively
for charitable and benevolent purposes in providing programs and services
responding to the housing, education, emergency services, employment, health,
core, unity development, and recreational needs of the citizens of the Roanoke
Valley, be exempt from taxation under the provisions of Article X, Section
6(a)(6) of the Constitution of Virginia, so long as your Petitioner and
said programs and services are operated not-for-profit and the property
so exempted is used in accordance with the purpose for which your Petitioner
is classified.
4. Your Petitioner respectfully requests that the Council of the City
of Roanoke adopt a resolution in accordance with the requirements of Section
30-19.04(B) of the Code of Virginia of 1950, as amended, after holding
a public hearing with respect thereto, where citizens shall have an
opportunity to be heard in order that legislation involving the designation
of such Property to be exempted from taxation pursuant to Article X, Section
6(a)(6) of the Constitution of Virginia, may be presented to the General
Assembly of Virginia.
Pursuant to Section 30-19.04(B) of the Code, the following questions
are submitted for your consideration:
1. Whether the organization is exempt from taxation pursuant to Section
301(c) of the Internal Revenue Code of 1954.
(A). Your Petitioner is exempt from taxation pursuant to Section 501(c)(3)
of the Internal Revenue Code, as a charitable institution, namely
a Community Action Agency, operated and controlled by a tripartite
community board as authorized under the federal Community Services
Block Grant Act and the Virginia Community Action Act. See attached
document verifying this exemption.
2. Whether a current annual alcoholic beverage license for serving
alcoholic beverages has been issued by the Alcohol Beverage Control
Board to such organization, for use on such Property.
(A). No alcoholic beverage license has been issued for use on the Property.
The Super-X Drug Store on Melrose Block 71, for which no exemption
is requested, does have an alcoholic beverage license. It is anticipated
that the Northwest Supermarket and a restaurant to be located in
the Henry Street Music Center will at some future date become commerical
operations at which time they would no longer be exempt from real
estate taxation. At such time, they may apply for alcoholic beverage
licenses.
3. Whether any director or officer of the organization is paid compensation
in excess of reasonable allowances for salaries or other compensation
for personal services which such director or officer actually renders.
(A). Nd officers or directors of your Petitioner are paid compensation in
excess of a reasonable allowance for salaries or other compensation for
personal services 'actually rendered.-
4. Whether any part of the net earnings of such organization inures
to the benefit of any individual and whether any significant portion
of the service provided by such organization is generated by funds
received from donations, contributions or local, state or federal
grants. As used in this subsection, donations shall include the
providing of personal services or the contribution of in-kind or
other material services.
(A). No part of the net earnings of your Petitioner inures to the benefit
Of any individual. The major portion of the services provided by
your Petitioner is generated by funds received from donations,
contributions or local, state or federal grants.
5. Whether the organization provides services for the common good of
the public.
(A). Your Petitioner provides and will provide services for the common
good of the public. The agency through its more than thirty programs
provides education for all ages, preschool through adult; decent
affordable housing for the homeless, low income and elderly; employment
services for youth and adults; emergency services for battered women;
health care for low income children; substance abuse prevention
and education to at-risk populations; and community development
and technical assistance to low income neighborhood groups.
6. Whether a substantial part of the activities of the organization
involves carrying on propaganda, or otherwise attempting to influence
legislation and whether the organization participates in, or intervenes
in, any political campaign on behalf of any candidate for public
office.
(A). Your Petitioner is not involved in propaganda, influencing legislation
or any political campaign on behalf of any candidate for public
office.
7. No rule~ regulation, policy or practice of the organization discriminates
on the basis of religious conviction, race, color, sex or national
origin.
(A). The Petitioner avers that no rule, regulation, policy or practice
of your Petitioner discriminates on the basis of religious convictions,
race, color, sex or national origin.
8. Any other criteria, facts and circumstances which the governing
body deems pertinent to the adoption of such resolution.
(A). Total Action Against Poverty in Roanoke Valley has provided its
programs and services to the community for the past twenty-five
years without requesting tax exempt status for any of its properties.
Although the agency firmly believes in the strengthening of the
tax base in the jurisdictions in which it operates, state and federal
budget cuts combine with a worsening of the poverty problem to make
this petition necessary.
5. It is also agreed that any resolution or ordinance adopted by Council
granting this petition may provide for the payment to the City of Roanoke
of five percent (5%) of what the real estate tax levy would have been on
the real property to be exempted from taxation, in lieu of such tax.
WHEREFORE, your Petitioner, Total Action Against Poverty in Roanoke
Valley, respectfully requests of the Council of the City of Roanoke (1)
that a resolution be adopted pursuant to Section 30-19.04 of the Code of
Virginia stating the provisions of subsection B of that Code section have
been examined and considered in conjunction with this petition seeking
the designation of property to be exempted from taxation pursuant to Article
X, Section 6(a)(6) of the Constitution of Virginia at a public hearing
at which citizens have had an opportunity to be heard, (2) that a recommendation
be made to the General Assembly of Virginia that the described Property
of Petitioner be designated by a Section within Article 4, Section 58.1-3650
e__t seq. exempting the described Property from taxation so long as your
Petitioner is operated not-for-profit and the property so exempt is used
for the particular purposes of providing anti-poverty programs and services
to the community, (3) that a recommendation be made to the General Assembly
of Virginia that the described Property be classified as charitable, and
(4) that a five percent (5%) payment to the City of Roanoke may be approved
in lieu of the tax that would have been levied on the exempted property.
Dennis A. Barbour
Moss & Ro¢ovich, P.C.
Dominion Bank Building, Suite 900
Roanoke, VA 24011
Counsel for Petitioner
Respectfully submitted,
Total Action Against Poverty in Roanoke Valley
Exe cut iv~e D~ec t o r
Total Action A~ainst Poverty Properties
Legal Description of Property
1) S PT L 1-2, B1K 24
RF&H
624 Shenandoah Ave., N.W.
Roanoke VA
TM 2113206
2) Lot 4 to 8 INC BLK 34
RF&H
702 Shenandoah Ave., N.W.
Roanoke, VA
TM 2113105
3) Lot 16, BLK 13
East Gate
North Ave., N.E.
Roanoke VA
TM 3230416
4) Lot 17, BLK 13
East Gate
North Ave., N.E.
Roanoke VA
TM 3230417
5) Lot 18, BLK 13
East Gate
North Ave., N.E.
Roanoke VA
TM 3230418
6) E½, Lot 2, BLK 26
H P
Loudon Ave., N.W.
Roanoke VA
TM 2211612
7) Lot 13 & PT 14, BLK 43
RF&H
Centre Ave., N.W.
Roanoke, VA
TM 2111917
8) Lot 12, BLK 43
RF &H
Centre Ave., N.W.
Roanoke, VA
TM 2111916
9) Lot 34, BLK 17
NS
Rutherford Ave., N.W.
Roanoke VA
TM 2021519
Assessed Value
Land $ 8,200
Land $ 32,200
Land $ 2,000
Land $ 2,000
Land $ 1,500
Land $ 500
Land $ 3,500
Land $ 2,600
Land $ 800
Annual Taxes
102.50
402.50
25.00
25.00
18.74
6.24
43.74
32.50
10.00
Legal Description of Property Assessed Value Annual Taxes
10) Lots 1-16 & 12, Alley Land $114,000 $ 6,062.50
Melrose BLK 71 Bldg. 371,000
606,614,616 Nineteenth St. S.W.
Roanoke, VA
TM 2322001
11) New Tract A
Central MFG Corp.
Loudon Ave., N.W.
Roanoke, VA
TM 2013504
12) Acreage, BLK 4 Runnymeade
23 - Twenty Fourth St. N.W.
Roanoke, VA
TM 2311102
13) Acreage, BLK 4 Runnymeade
23 - Twenty Fourth St. N.W.
Roanoke, VA
TM 2311102
14) Acreage, BLK 4 Runnymeade
23 - Twenty Fourth St. N.W.
Roanoke, VA
TM 2311102
Land $ 24,700
Bldg $ 29,300
Land $ 17,900
Bldg. 180,600
Bldg. S 85,000
Bldg. S 34,750
675.00
2,481.24
1,062.50
868.72
Description of Usage of Pro.perties Owne~ by
Total Action Against Poverty in Roanoke V~ley 'i
10.
11.
12-14.
Currently not in use. This property represents a portion of the
site of the old TAP headquarters which burned on December 23,
1989. Any future usage of this property will be in accordance
with TAP'S stated charitable purpose of providing antipoverty
programs and services to residents of the Roanoke Valley.
Currently not in use. This property is the rerm~inder of the Site
of the old TAP headquarters which burned on December 23, 1989.
Any future usage of this property will be~_~ accordance with TAP's
stated charitable purpose of providing antTpoverty programs and
services to residents of the Roanoke Valley.
Currently v~cant lots. It is anticipated that these lots will
be utilized in the future in the development of affordable housing
for low-income and moderate income residents of the City of
Roanoke.
This property, recently donated to TAP by the Kroger Company, is
in the process of being developed. For that portion of the
property currently occupied by Super X Drug Store, approximately
35 percent, no tax exemption is requested. TAP requests exemption
only for that portion of the property currently not used for
cor~nercial purposes, and exemption is requested only for the time
until the Northwest Supermarket Project is completed and the
property is occupied by a cormnercial supermarket.
This property, located in the Henry Street Renewal area and
deeded to TAP by the Roanoke Redevelopment and Housing Authority,
is currently under development as the Henry Street Music Center, a
not-for-profit copanunity performing arts center to be operated by
TAP. In its initial phase, the Music Center building will house a
kitchen used to feed TAP's Head Start children and provide food
for other mass feeding programs such as USDA Surmner Feeding, Meals
on Wheels and Diners Club. In the second phase of development,
the center will offer to the public special musical performances
on a limited basis and be available for co~unity gatherings. At
some time in the far future, as the Downtown North area develops,
the center may house a restaurant. At that time, TAP would
requ~est no tax exemption for any cora~ercial activity.
This property, located at Shaffers Crossing on 24th Street,
N. W., is the site of the Transitional Living Center, a facility
providing emergency and transitional housing and comprehensive
services to the homeless in the Roanoke Valley.
Description of Usage of Properties Owned by
Total Action Against Poverty in Roanoke Valley
l&2
3
5-11
12
13
lZ~-16
Currently occupied by Hunter & Cummins Coal Company.
Currently not in use. This property represents a portion of the
site of the old TAP headquarters which burned on December 23,
1989. Any future usage of this property will be in accordance
with TAP's stated charitable purpose of providing antipoverty
programs and services to residents of the Roanoke Valley.
Currently not in use. This property is the remainder of the site
of the old TAP headquarters which burned on December 23, 1989.
Any future usage of this property will be in accordance with TAP's
stated charitable purpose of providing antipoverty programs and
services to residents of the Roanoke Valley.
Currently vacant lots. It is anticipated that these lots will
be utilized in the future in the development of affordable housing
for low-income and moderate income residents of the City of
Roanoke.
This property, recently donated to TAP by the Kroger Company, is
in the process of being developed. For that portion of the
property currently occupied by Super X Drug Store, approximately
35 percent, no tax exemption is requested. TAP requests exemption
only for that portion of the property currently not used for
con~ercial purposes, and exemption is requested only for the time
until the Northwest Supermarket Project is completed and the
property is occupied by a commercial supermarket.
This property, located in the Henry Street Renewal area and
deeded to TAP by the Roanoke Redevelopment and Housing Authority,
is currently under development as the Henry Street Music Center, a
not-for-profit co~unity performing arts center to be operated by
TAP. In its initial phase, the Music Center building will house a
~itchen used to feed TAP's Head Start children and provide food
for other mass feeding programs such as USDA Su~ner Feeding, Meals
on Wheels and Diners Club. In the second phase of development,
the center will offer to the public special musical performances
on a limited basis and be available for community gatherings. At
some time in the far future, as the Downtown North area develops,
the center may house a restaurant. At that time, TAP would
re, rudest no tax exemption for any cormnercial activity.
This property, located at Shaffers Crossing on 24th Street,
N. W., is the site of the Transitional Living Center, a facility
providing emergency and transitional housing and comprehensive
services to the homeless in the Roanoke Valley.
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RE:ZONeD IY ORD.
CONDITIONAL
Internal Revenu.~ Service
District
D;rector
D~.~m~n, cfthe Treasury
31HonkmsPfaza. Ballimore. MO 21201
Person to Contact:
Telephone Number:
Refer Reply to:
Date:
The followinE information regardin§ t=-c ~-*~-,,,- --=~.,~
is furnished in response to ),our letter dated
We have searched our files and can find no reccrd that the
orsanizatlon is exempt from Federal Income Tax. In the
event the orEanization wishes to apply for tax-exempt status,
the appropriate forms and information are attached.
A search of our files indicates chat the Organization is
exempt from Federal Income Tax under Section
effecU~ve .;..~o ,~,~ -r,,5.r
A fact sheet containing basic information about the organi=a.
lion's tax-exempt status is enclosed.
A copy of our letter certifying the status of the Organization
is enclosed.
A copy of our letter certifying the status of the Organization
is not available, however, this letter may be used co verify
your tax-exempt status.
Your change of address has been noted in our files. Our
records now indicate your address as:
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Aven~e,S W,Room 456
Roanoke. Vlrglma 24011
Telephone: (703) 981-2~4!
January 16, 1991
SANDRA H. EAKIN
Deputy CITy Clerk
File #$1-109
Mrs. Ruth C. Armstrong,
Board of Zoning Appeals
Roanoke, Virginia
Secretary
Dear ~4rs. Armstrong:
Your communication transmitting the Annual Report for the Board
of Zoning Appeals for the year 1990, was before the Council of
the City of Roanoke at a regular m~eting held on Monday, January
14, 1991.
On motion, duly seconded and adopted, the Annual Report
received and filed.
Sincerely, ~12.~
Mary F. Parker, CMC,/AAE
City Clerk
MFP:ra
pc: Mr. Ronaid H.
Administrator
Miller,
Building Commissioner/Zoning
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
Date:
To:
From:
Subject:
January 9, 1991
Mary Parker, City Clerk
Ruth C. Armstrong, Secretary
Board of Zoning Appeals
Annual Report
I am attaching for information of City Council copies of
the Annual Report for the Board of Zoning Appeals for
the year 1990.
RA
Attachments
BOARD OF ZONING APPEALS
ROANOKE, VIRGINIA
ANNUAL REPORT
1990
The Annual Report for the Board of Zoning Appeals for
the year 1990 is submitted herewith.
PERSONNEL OF BOARD
The following served as members of the Board.
Mr. L. Elwood Norris, Chairman
Mr. T. E. Roberts, Vice Chairman
Mr. W. L. Wheaton
Mr. Glynn D. Barranger
Mr. Richard A. Rife
MEETINGS AND PUBLIC HEARINGS
The Board held twelve meetings during the year for the
purpose of conducting business of the Board and holding
public hearings to decide appeals from the decision of
the Zoning Administrator and applications for special
exceptions and variances.
One hundred and thirty-seven applications were filed
with the Board during the year.
In accordance with State law, public hearings were
advertised in a local newspaper once a week for two
successive weeks not less than six days nor more than
twenty-one days prior to the public hearing date.
Notices of public hearings were sent by first-class mail
to owners of all abutting properties and properties
immediately across the street or road from any property
in question.
ATTENDANCE RECORDS FOR BOARD MEMBERS
MEMBER MEETINGS ATTENDED
L. Elwood Norris 12 0
T. E. Roberts 12 0
W. L. Wheaton 11 1
Glynn D. Barranger 8 4
Richard A. Rife 12 0
MEETINGS ABSENT
DISPOSITION OF APPEALS
Variances granted.
Variances denied
Variances Withdraw~.
Variances Pending
Special Exceptions granted
Special Exceptions Denied.
Special Exception Requests Withdrawn
Special Exceptions Pending .
Sign Regulations Varied
Sign Regulations withdrawn ·
Total no. Appeals
88
9
1
1
34
0
1
1
1
1
137
APPEALS TO COURT OF RECORD
In May of 1989 the Board denied the request of Joseph R.
Owens for the continued operation of an automobile
lubrication and oil service at 1105 Tazewell Avenue,
S. E., said use having been granted twelve months
previously for a period of one year. The Board's
decision to deny the request to allow the continued
operation was appealed to The Circuit Court of The City
of Roanoke.
By Order entered on May 24, 1990, in the Circuit Court
For the City of Roanoke, in the case of Joseph R. Ownes,
Petitioner, v. Board of Zoning Appeals of the City of
Roanoke, Respondent, the Court ruled that the decision
of the Board of Zoning Appeals is not plainly wrong and
should be affirmed
No appeals were noted during the year 1990.
Respectfully submitted,
Ruth C. Armstrong
Secretary
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue,S W, Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy Oty Clerk
File #51
Mr. Glynn D. Barranger
4506 Eton Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Barranger:
Your communication tendering your resignation as a member of the
Board of Zoning Appeals, was before the Council of the City of
Roanoke at a regular meeting held on Monday, January 14, 1991.
On motion, duly seconded and adopted, the com~nunication was
received and filed and your resignation was accepted with regret.
The Council requested that I express its sincere appreciation for
the many services you have rendered to the City of Roanoke as a
member of the Board. Please find enclosed a Certificate of
Appreciation issued by the Mayor on behalf of the Members of City
Council.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pc: Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, 3818
Park Lane, S. W., Roanoke, Virginia 24015
Ms. Ruth C. Armstrong, Secretary, Board of Zoning Appeals
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. V~rgmla 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAK/N
DeputyC~tyClerk
File #60-27-467
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30368-11491 amending and
reordaining certain sections of the 1990-91 Capital Fund
Appropriations, providing for the transfer of $13,985.00 from
Capital Improvement Reserve, Storm Drains, to Renovation of
Crystal Spring Elementary School, to provide funds for payment of
one-half of the cost of enclosing storm drainage into a pipe
system under the alley between 26th and 27th Streets, S. W.,
adjacent to Crystal Spring Elementary School. Ordinance ~o.
30368-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 1991.
Sincerely, ,~
Mary F. Parker, CMC/~E
City Clerk
MFP:ra
Eno.
pc: Mr. W. Robert Herbert, City Manager
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, p. O. Box 1689, Salem, Virginia 24153
Dr. Frank p. Tota, Superintendent of Schools, p. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, p. O. Box 13105, Roanoke, Virginia 24031
Mr. Barry L. Key, Manager, Office of Management and Budget
I~ '£-~ C'O~CIL OF T~i~ CIT~ OF I~OANoKE, ~RGIN~
The 14th Day of January, 1991.
No. 30368-11491.
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:
A o iat'ons
Education
Renovate Crystal Spring Elementary (1) ...........
CaPital Improvement Reserve '
Capital Improvement Reserve (2) ...................
1) Approp. from
General Revenue (008-060-6073-9003)
2) Storm Drains (008-052-9575-9176)
$ 13,985
(13,985)
BE IT FURTHER ORDAINED that, an emergency
Ordinance shall be in effect from its passage.
$ 11,745,049
2,013,985
( 6,088,826)
797,792
existing, this
ATTEST:
City Clerk.
Roanoke, Virginia
January 14, 1991
Honorable Mayor Noel C. Taylor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Taylor & Council Members:
Subject: Neighborhood Storm Drain Improvement
South Roanoke - Crystal Spring Elementary School
I. Back,round:
Ao
Crystal Sprin~ Elementary School was constructed in 1922 on Carolina
Avenue between 26th St. & 27th St. S.W. in the South Roanoke
neighborhood. '
Adjoining properties at the northwest corner of 27th St. and Rosalind
Ave. were acquired in 1977 to provide playground space for the
elementary school.
Alley running between 26th St. & 27th St. separates the main school
building from the playground area. The southerly 180 feet of this
alley was legally closed by Ordinance No. 24938, adopted December
10, 1979.
II. Current Situation:
A. Roanoke City School Board has entered into a contract to renovate
Crystal Spring Elementary School.
Site improvements provide for the alley pavement to remain in place to
convey overland stormwater flow from 27th St. and the general vici-
nity south of the school.
Playground equipment is to be installed using available Park Improve-
ment Bond funds and school bond funds to provide a joint-use school-
neighborhood facility. A better use of available space could be made
if the alley pavement were removed so as to physically join the main
school and playground areas. This would necessitate the installation
of an enclosed storm drain facility.
Page 2
III.
Issues:
Use of existin~ public propert~
Cost
Funding
IV. Alternatives:
mo
City Council approve payment of one-half the cost of enclosing storm
drainage into a pipe system under the alley between 26th Street and
27th St., S.W. adjacent to Crystal Spring Elementary School so as
to facilitate improving the use of school-park facilities.
1. Use of existin~ public property will be enhanced by allowing the
alley pavement to be removed and siting playground equipment in
the most efficient location on the property.
2. Cost of the project will be ~27,969 with 50% ($13,985) provided by
the City and 50% ($13,985) by the School Board. The contractor
renovating the school will accomplish the work under a change
order.
3. Funding of the City's 50% share is available in the Capital
Improvement Reserve, Storm Drain Account Number 008-052-9575-9176.
City Council not approv~ payment of one-half the cost of enclosing
storm drainage into a pipe system under the alley between 26th St.
and 27th St., S.W. adjacent to Crystal Spring Elementary School.
1. Use of existing public property will not be maximized as the main
school facilities will remain physically separated from the play-
ground area.
2. Cost will be moot.
3. Funding will not be incurred for these additional improvements.
Page 3
V. Recommendations:
City Council approve Alternative "A" and appropriate ~13t985 from the
Capital Improvement Reserve, Storm Drain Account #008L052-9575_9176
to Renovation of Crystal Spring Elementary, Account # 008-060-6073-9003
as one-half the cost of an enclosed storm drain system under the alley
between 26th St. and 27th St., S.W. adjoining Crystal Spring Elementary
School.
WRH/WFC/fm
CC:
City Attorney
Director of Finance
Director of Public Works
City Engineer
Superintendent of Schools
Parks/Recreation Manager
Respectfully submitted,
W. Robert Herbert
City Manager
Roanoke
City Public Schools
Division of Business Affairs · R O. Box 13105, Roanoke, Virginia 24031
November 15, 1990
Mr. William F. Clark
Director of Public Works
354 Municipal Building
Roanoke, VA 24011
Dear Bill:
The Schools appreciate the proposal to improve the drainage in
the right-of-way adjacent to Crystal Spring Elementary School. We
will be willing to provide 50% of the funds to finance the work.
These funds would come from capital bonds monies provided by the
City for elementary school renovations.
It would be helpful if you could coordinate the proposed
improvements with our architect, Sherertz, Franklin, Crawford,
Shaffner, Inc. and the general contractor to ensure they will
properly incorporate the work into the contractor's schedule.
Sincerely,
Richard L. Kelley
Executive for Business Affairs
rg
cc: Dr. Tota
Mr. Swain
Excellence in Education
MARY F. PARKER
C~ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W, Room 456
Roarloke, V~rg~ma 24011
Telephone: (703) 981-2541
January 16, 1991
SANORA H. EAKIN
Deputy C~zy Clerk
File #236-305
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30370-11491 authorizing
execution of a Grant Agreement with the State Department of
Criminal Justice Services on behalf of the City to accept a
Demonstration Grant Award from the State Council on Community
Services for Youth and Families and to comply with the terms and
conditions of the grant and applicable laws, regulations, and
requirements pertaining thereto. Resolution go. 30370-11491 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, January 14, 1991.
Sincerely, ~ ]~0~,~,~
Mary F. Parker, C~C/AAE
City Clerk
MFP:ra
Enc.
pc: Mr. Joel M. Schlanger, Director of Finance
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Ms. Pat Witten, President, Central Council PTA, 3802 Bosworth
Drive, S, W., Roanoke, Virginia 24014
Dr. Fred P. Roessel, Jr., Executive Director, .Mental Health
Services of Roanoke Valley, 301 Elm Avenue, $. W., Roanoke,
Virginia 24016
Mr. Frank L. Showalter, Administrator, Roanoke City Health
Department, 515 Eighth Street, S. W., Roanoke, Virginia
24016
Mr. James D. Ritchie, Director of Human Resources
Ms. Corinne B. Gott, Superintendent of Social Services
Ms. Marie T. Pontius, Grants Monitoring Administrator
Mr. William A. Kelly, Director of Court Services Unit
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th Day of 0anuary, 1991.
No. 30370-11491.
A RESOLUTION authorizing execution of a Grant Agreement with
the State Department of Criminal Justice Services on behalf of the
City to accept a Demonstration Grant Award from the State Council
on Community Services for Youth and Families and to comply with the
terms and conditions of the grant and applicable laws, regulations,
and requirements pertaining thereto.
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or the Assistant City Manager are hereby authorized,
for and on behalf of the City, to execute the required Grant
Agreement, and any other forms required by the State Department of
Criminal Justice Service, in order for the City to accept a
Demonstration Grant Award from the State Council on Community
Services for Youth and Families, upon all of the terms,
and requirements pertaining to the grant, as set forth
Manager's report dated January 14, 1991.
conditions
in the City
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Churctq Avenue, 5 W, Room 456
Roanoke. Virg~ma 2,4011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Depu'/y Ctty Clerk
File #60-236-305
Mr. Joel M. Schlanqer
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy
reordaining certain
Appropriations, providing for
certain accounts in the Grant
of a Grant Agreement with
Justice Services to accept a
State Council on Conanunity
Ordinance ~o. 30369-11491 was
of Roanoke at a
of Ordinance ~o. 30369-11491 amending and
sections of the 1990-91 Grant Fund
the appropriation of $67,202.00 to
Fund, in connection with execution
the State Department of Criminal
Demonstration Grant Award from the
Services for Youth and Families.
adopted by the Council of the City
regular meeting held on Monday, January 14, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eric.
pc: Mr. W. Robert Herbert, City Manager
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Ms. Pat Witten, President, Central Council PTA, 3802 Bosworth
Drive, S. W., Roanoke, Virginia 24014
Dr. Fred P. Roessel, Jr., Executive Director, Mental Health
Services of Roanoke Valley, 301 Elm Avenue, S. W., Roanoke,
Virginia 24016
Mr. J. William McClintic, Acting Administrator, Roanoke City
Health Department, 515 Eighth Street, S. W., Roanoke,
Virginia 24016
Mr. James O. Ritchie, Director of Human Resources
Ms. Corinne B. Gott, Superintendent of Social Services
Ms..Marie T. Pontius, Grants ~onitorinq Administrator
Mr. William A. Kelly, Director of Court Services Unit
IN THE cOUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 14th Day of January, 1991.
No. 30369-11491.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the
Government of the
exist.
usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1990-91 Grant Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Health and Welfare $ 448,622
Demonstration Grant (1-14) ............................ 67,202
Revenue
Health and Welfare $ 448,622
Demonstration Grant (15) .............................. 67,202
1) Regular Employee
Salaries
2) FICA
3) ICMA-RC Retirement
4) Life Insurance
5) Hospitalization Ins.
6) Dental Insurance
7) Local Mileage
8) Telephone
9) Admin. Supplies
10) Training & Development
11) Management Services
12) Expendable Equipment
13) Furniture & Equipment
035-054-5150-1002
035-054-5150-1120
035-054-5150-1115
035-054-5150-1130
035-054-5150-1125
035-054-5150-1126
035-054-5150-2046
035-054-5150-2020
035-054-5150-2030
035-054-5150-2044
035-054-5150-7015
035-054-5150-2035
(035-054-5150-9005
$ 20,792
1,591
2,518
212
2,136
168
2,358
2,990
696
5,000
6O0
1,291
2,800
14) Fees for Professional
Services
15) State Grant Receipts
(035-054-5150-2010) $ 24,050
(035-035-1234-7089) 67,202
BE IT FURTHER ORDAINED that, an emergency existing,
ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
January 14, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of City Council:
Subject: Demonstration Grant Award from State Council on
Community Services for Youth and Families
II.
Background:
A. In 1988',
222 Roanoke City youth were placed in
residential care:
1. State treatment facilities (hospitals)
2. Residential schools for handicapped
3. Correctional facilities
* (most recent year for data)
Monthly cost per child in residential care ranges from
$550 to $14,100.
Sometimes children are unnecessarily referred to
residential care because
1. Insufficient resources locally to address the
child's needs.
2. Insufficient coordination among local service
agencies to provide "holistic" approach.
3. Inability of family to handle problem.
Treatment of disfunctional family or younger siblings is
not addressed by just removing troubled child from
family.
Current Situation:
A. City aDplied for demonstration grant to State Council on
Community Services for Youth and Families on September
27, 1990 on behalf of multi-agency task force comprised
of Roanoke social Services, Court Service Unit,
Community Services Board (Mental Health Services),
Roanoke City Health Department, and Roanoke City
Schools.
Demonstration program will provide
1. Better coordination of service agencies to provide
better screening and referral of cases.
Members of City Council
page 2
III.
IV.
Ce
2. Emphasis on care and treatment of whole family.
3. Increased local alternatives for child placement
and treatment.
Program goal is to reduce the number of Roanoke children
referred to residential treatment each year, and to
increase the number of youth returned to the community
from residential care.
Roanoke City received a demonstration grant award
totalling $401,641 over two fiscal years; $67,20! to be
awarded for the remainder of FY 91, and $334,439 for FY
92. City is one of six (6) localities in Virginia to
receive such a grant. (see attached letter)
City Council authorization is needed for City Manager to
execute grant agreement with State ~epartment of
Criminal Justice Services, which is serving as fiscal
agent for the grant program.
Issues:
Cost to City
Services to Roanoke children in need
C. Long-term savings to City
D. Time
Alternatives:
A. Authorize City Manager to execute attached grant
agreement with State Department of Criminal Justice
Services and appropriate $67,202 to accounts to be
established by the Director of Finance in the grant
fund.
1. Cost to City would be $12,035 for FY 91 and $29,589
for FY 92 in local in-kind services. No cash match
is required. City's in-kind services consist
solely of staff time of current staff.
Contributions from all four participating agencies
are detailed in Attachment B.
Services to Roanoke children in need would be
improved through better coordination and referral,
more local services, and family-oriented approach
to treatment.
Long-term savings to City would be realized if
project is successful through fewer children being
Members of City Council
page 3
referred to residential treatment, and shorter
stays for those who are referred.
Time is critical since first fiscal year
allocation, totalling $67,202, is for period of
January 1, 1991 thru June 30,1991.
Do not authorize City Manager to execute attached grant
agreement with State Department of Criminal Justice
Services and do not appropriate $67,202 to grant fund.
Continue providing services to children in need as has
been done for past several years.
Cost to City would be nothing except lost
opportunity cost.
Services to Roanoke children in need would be
provided, but improvements to system would be
delayed at best.
3. Long-term savings to City would not be realized.
4. Time would not be an issue.
Recommendation:
Recommend that City Council concur in Alternative A thereby
authorizing City Manager to execute attached grant agreement
with State Department of Criminal Justice Services and
appropriating $67,202 to accounts to be established by the
Director of Finance in the grant fund.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:JDR:MTP
attachments
cc:
Assistant City Manager
Director of Finance
City Attorney
Director of Human Resources
Superintendent, City Social Services
Director, Court Service Unit
Director, Mental Health Services
Health Dept Child Development Clinic
Superintendent, Roanoke City Schools
President, Parent Teacher Association
Grants Monitoring Administrator
G:FOCUS.RPT
COMMONWEALTH o/VIRGINIA
CRIMINAL JUSTICE SERVICES BOARD Department of Criminal Justice Services
805 EAST BROAD STREET RICHMOND, VIRGINIA 23219
(804) 786-4000
Decerdoer 28, 1990
Mr. James D. Ritchie
Director of Human Resources
City of Roanoke
215 Church Avenue, S.W., Reom356
Roanoke, Virginia 24011
Dear Mr. Ritchie:
RE: Program: Demonstration Grant Funds
Community Services for Youth
Grant Number: 91-A7447 $ 67,202
92-A7448 $334,439
This is to advise you that as of December 27, 1990, the grant application
numbered 91-A7447 has been approved in the amount of $67,202 in state general
funds, $76,323 local-in-kind match, for a total program amount of $143,525.
This grant is for the period of January l, 1991 through June 30, 1991.
The award of grant number 92-A7448 is in the amount of $334,439 in state
general funds, $22,565 local match, $318,107 local-in-kind match, for a total
program amount of $675,111. The period of this award is from July l, 199l
through June 30, 1992.
Enclosed you will find a Statement of Grant Award form. This form
reflects the grant period, payment procedure, and the awarded budget of the
project. Keep th is form as part of your grant file and refer to it when
requesting drawdowns of funds and use the budget when submitting financial
reports.
The acceptance form, of which two copies are attached to the SOGA, should
be signed by participants in the project and the original signed and returned
to EC_JS. Two copies of the Attachment A is enclosed, please read the general
grant conditions and assurances and sign the certification page and return to
the DCJS. The conditions on Attachment A apply to the grant program during
the life of the grant.
Grant financial reporting is required on a quarterly basis and the forms
will be sent to each project prior to the end of each quarter. The reports
are due at the DCJS on the 12th business day following the end of the quarter.
COMMONWEALTH o[ VIRQINIA
CRIMINAL JUSTICE SERVICES BOARD Department of Criminal Justice Services
805 EAST BROAD STREET RICHMOND, VIRGINIA 23219
(804) 78~4000
Mr. James D. P~itchie
December 28, 1990
Page Two
~Vnen you wish to request funds awarded pursuant to this grant, complete
and forward to this office one of the enclosed Request for Funds forms. This
request will be processed and funds disbursed as soon as possible. The
payment procedure for this grant is included on the Statement of Grant Award.
Very truly yours,
Vartin B. x~it
Deputy Director
Enclosures
/CSW
CC-'
¢~. Joel ¢& Schlanger
Ms. Nancy Ross, BCJS
~. Thorms Storey, ]3CJS
Ms. Kim~2Gaughy
~. Thaddeus Aubry
Mr. Gary 1VhcBeth
DEPARTMENT OF CRIMINAL JUSTICE SERVICES
805 East Broad Street, loth Floor, Richmond, Virginia 23219
Statement of Grant Award/Acceptance
Sub§rantee:
Roanoke, City of
Grant Number: 91-A7447
Date: December 27, 1990
Grant Period:
From: 1-1-91 Through: 6-30-91
Payment Procedure: Quarterly
2 @ $33,601 each
Name:
Title:
Address:
PROJECT DIRECTOR
James D. Ritchie
Director of Human
Resources
215 Church Avenue,S.Wo
Room 356
Roanoke, VA 24011
FINANCE OFFICER
Joel M. Schlanger
Director of Finance
215 Church Avenue, S.W.
Room 461
Roanoke, VA 2401t
Phone No: (703) 981-2302 (703) 981-2821
~ARD BUI)GET
BUDGET CATEGORY GRANT AMOUNT LOCAL MATCH LOCAL-IN-KIND TS~AL~
A. Personnel $ 27,417 $ 47,297 $ 7~,?~
B. Consultants 24,050 21,330 45,!-~
C. Travel
2,358
D. Equipment 4,091 100
E. Renovation
F. Supplies and
Other Expenses 9,286 7,596
TOTALS $ 67,202 $ 76,323
This grant is sub ect to all rules, regulations, and criteria included in the gra~'
application and the special conditions attached hereto.
Martin B. Malt, Deputy
These funds must be spent according to the attached project
budget and workplan. This grant is subject to all rules,
regulations, and criteria included in the grant application
and the special conditions attached hereto.
Signature of Authorized Official
Martin B. Malt, Deputy Director
The undersigned, having received the Statement of Grant Awards
and the Attachment A attached thereto, does hereby accept
this grant and agree to the Conditions pertaining thereto,
this day of 19
ChlsE ~dm~nistrator (City Serving aa
Fiscal Agent)
Name:
Title:
Mailing
Address:
Telephone:
Signature:
COurt services unit
Name:
Title:
Mailing
Address:
Telephone:
Signature:
soci
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Community Services Board
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Local E~c&tion ~en=¥
Name:
Title:
Mailing
Address:
Telephone:
Hea~th/Child Development Clinics
Name:
Title:
Mailing
Address:
Telephone:
Signature: Signature:
C~urt 8az~icas Unit
Name:
Title:
Mailing
Address:
Telephone:
Signature:
C~munit¥ Barvicas Board
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Court Services Unit
Name:
Title:
Mailing
Address:
Telephone:
Signature:
C~mmunit¥ Services Board
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Health/chil~ DeveloPment clinics
Name:
Title:
Mailing
Address:
Telephone:
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Local Education a~enov
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Local Education Aoencv
Name:
Title:
Mailing
Address:
Telephone:
Signature:
Health/Child Develonment Clinics
Name:
Title:
Mailing
Address:
Telephone:
Signature: Signature:
FOR LOC]~L UNITS OF GOVBI~MEHT
GENERAL GRANT CONDITIONS AND I~SURAHCE
The subgrantee gives assurance and certifies with respect to
the grant that it will comply with the following requirements:
1. The subgrantee assures that fund accounting, auditing,
monitoring, and such evaluation procedures as may be
necessary to keep such records as the Department of
Criminal Justice Services shall prescribe shall be
provided to assure fiscal control, proper management, and
efficient disbursement of funds received under this
grant.
2. REPORTS. Each subgrantee shall submit such reports as
the DCJS shall reasonably request. Financial reports
shall be submitted to the DCJS on the 12th day following
the close of each quarter. Progress reports shall be
submitted as outlined in the Statement of Grant Award.
INSPECTION AND AUDIT. The subgrantee agrees to arrange
for an independent annual audit.
A copy of all audits shall be forwarded to the DCJS.
DISCRIMINATION PROHIBITED. No person shall, on the
grounds of race, religion, color, national origin, sex,
or handicap be excluded from participation in, be denied
the benefits or be otherwise subjected to discrimination
under or denied employment in connection with, grants
awarded pursuant to the Justice Assistance Act of 1984,
and the implementing regulations 28 CFR Part 42, Subparts
C, D, E, and G, or any project, program, activity, or
subgrant supported or benefiting from the grant. The
subgrantee must comply with the provisions and
requirements of Title VI of the civil Rights Act of 1965
and its implementing regulations of 28 CFR 41.101 et seq.
The subgrantee must further comply with Section 504 of
the Rehabilitation Act of 1973, as amended, and its
implementing regulations; the Age Discrimination Act of
1973, as amended, and its implementing regulations and
Title IX of the Education Amendments of 1972.
EOUAL EMPLOYMENT OPPORTUNITY PROGRAM. Each subgrantee
certifies, that it has executed and has on file, an Equal
Employment Opportunity Program which conforms with the
provisions of 28 CFR Section 42.301. et seq., subpart E,
or that in conformity with the foregoing regulation, no
Equal Employment Opportunity Program is required.
The subgrantee assures that in the event of federal or
state court or federal or state administrative agency
makes a finding of discrimination after a due process
hearing on the grounds of race, color, religion, national
origin or sex against a recipient of funds, the recipient
will forward a copy of the finding to the DCJS.
e
10.
RELEASE OF INFORMATION. Ail records, papers and other
documents kept by recipients of DCJS funds, and their
contractors, relating to the receipt and disposition of
such funds, are required to be made available to the
DCJS. These records and other documents submitted to
DCJS and its subgrantees, including plans and application
for funds, are required to be made available to DCJS.
CONFIDENTIALITY OF RESEARCH INFORMATION. Research
information identifiable to an individual, which was
obtained through a project funded wholly or in part with
DCJS and/or ADA funds, shall remain confidential and
copies of such information shall be immune from legal
process, and shall not, without the consent of the person
furnishing such information, be admitted as evidence or
used for any purpose in any action, suit, or other
judicial or administrative proceeding.
COPYRIGHTS AND RIGHTS IN DATA. Where activities
supported by this grant produce original computer
programs, writing, sound recordings, pictorial
reproductions, drawing or other graphical representation
and works of any similar nature (the term of computer
programs includes executable computer programs and
supporting data in any form), the DCJS has the right to
use, duplicate and disclose, in whole or in part in any
manager for any purpose whatsoever and have others do so.
If the material is copyrightable, the subgrantee may
copyright such, but the DCJS reserves a royalty-free non-
exclusive and irreversible license to reproduce, publish,
and use such materials in whole or in part and to
authorize others to do so. The subgrantee shall include
condition in all contracts of employment, consultant's
agreement, or contracts.
The suggrantee shall reduce the number of children in
residential care and not solely expand the number of
youth served in the community. As a condition of
funding, the subgrantee agrees:
To return to the community, divert and maintain, at
a minimum, an agreed n,~mber of youth in residential
care by September 30, 1991;
Maintain an agreed cap on placements in state
psychiatric hospitals, learning centers, and DYFS
special placements;
Number of
Youth Placed in
Care FY 90
To purchase placements over the agreed cap in state
psychiatric hospitals and learning centers at a cost
of $100 per day per child. Youth classified as
level IV cases--serious, chronic, violent offenders-
-shall continue to be committed to learning centers
at no charge. This is to be effective beginning
fiscal year 1991-92. Payment for placements over
the cap will be deducted from the next quarterly
disbursement of grant funds, up to the remaining
total grant amount, and returned to the appropriate
state agency.
Admissions/Commitments and Required Caps
DYFS DMHMRSAS DSS DOE
L/Ctrs ~ ~ ~Grnt
41 7 55 0
Number to Return/
Divert
6 4 8 0
Required Cap FY 92
35 3 47 0
11.
As part of the DM~WRSAS contribution to the project state
grant dollars may be used to match Medicaid federal
dollars for reimbursable services for medicaid eligible
children. Reimbursable services include crisis
intervention, case management, day treatment, after
school and summer programs, psychosocial, in-home and
early intervention services. These services must be
provided or under contract with the local community
services board. The extra 50% state dollars generated
may be used to expand services to youth and families
targeted by the Council on Community Services for Youth
and Families.
12.
The local social service agency agrees to provide $22,565
match in FY 92. This amount shall be transferred to the
local grant fiscal agent.
Revenue generated through third party payments and client
fees for grant funded programs shall be used by the
locality to expand services to youth and families
targeted by the Council. The locality should access all
available reimbursement sources, including Medicaid.
13.
Restrictions on the use of local social service funds may
be waived up to the approved budgets. Localities may use
their state/local foster care, social services block
grant, supplemental and prevention allocations to support
the goals of the project (federal restrictions cannot be
14.
waived). Written request of waivers must be submitted
to DSS Division of Service Programs by January 1, 1991
or at least sixty days prior to implementation.
Local social service agencies shall comply with
requirements stated in Commissioner Jackson's letter
dated November 9, 1990.
15.
The applicant assures that funds made available under
this grant will not be used to supplant state or local
funds, but will be used to increase the amounts of such
funds that would be, in the absence of these funds, made
available for services to families and youth.
16. Collaborate with the Commonwealth Institute for Child and
Family studies on an evaluation of the project. This
includes the collection of data on youth and families and
supplying requested information on service provision.
17. Collaborate with state technical assistance personnel to
pilot a process for technical assistance to localities
and utilization review of selected residential
placements.
18. Provide training and technical assistance to other
Virginia localities who wish to learn from or replicate
part of the project service delivery system.
19.
The Subgrantee will comply with the terms of the grant
application and any attachments and/or amendments
thereto.
20.
21.
Local units of government may use their own purchasing
procedures as long as they meet the standards under the
Virginia Public Procurement Act.
Subgrantees may follow their own established travel rates
if they have an established policy. If a subgrantee does
not have an established policy, then he must adhere to
state travel policy. The state allows reimbursement for
actual ~ expenses. The state allows $.24 per
mile for mileage. Transportation costs, such as air and
rail fares, are at coach rates.
I certify that all the information presented is correct, that
there has been appropriate coordination with affected agencies, and
that the subgrantee will comply with all federal and state laws and
rules and regulations that apply to this award.
Chief &4ministrstor Date
ATTACHMENT B
page 1
Family Oriented Care and Urgent Service (FOCUS) Project
Matching Budget by Source
FY 1990 - 1991
Depart_-~nt of Social Services
Personnel Costs
Professional Liability Insurance
(@ $11,824.25)
(@ $ 210.00)
Mental Health Services
Personnel Costs (@ $11,824.25)
Client Contractual Services (@ $21,330.00)
Professional Liability Insurance (@ $ 210.00
Roanoke City schools
Personnel Costs (@ $11,824.25)
Equipment (@ $ 100.00)
Administrative Expenses (@ $ 6,756.00)
Professional Liability Insurance (@ $ 210.00
Court Services Unit
Personnel Costs
Professional Liability Insurance
(@ $11,824.25)
(@ $ 210.00
$ 12,034.25
$ 33,364.25
$ 18,890.25
$ 12,034.25
TOTAL $ 76,323.00
ATTACHMENT B
page 2
Family Oriented Care and Urgent Service (FOCUS) Project
Matching Budget by Source
FY 1991 - 1992
Depart~m~Dt of Social Services
Personnel Costs
Professional Liability Insurance
(@ $29,088.75)
(@ $ 5O0.00)
Mental Health Services
Personnel Costs
Client Contractual Services
Professional Liability Insurance
(@ $ 29,088.75)
(@ $186,252.00)
(@ $ 5O0.00)
Roanoke City Schools
Personnel Costs (@ $29,088.75)
Administrative Expenses (@ $13,500.00)
Professional Liability Insurance (@ $ 500.00)
Court Services Unit
Personnel Costs
Professional Liability Insurance
(@ $29,088.75)
(@ $ 500.OO)
$ 29,588.75
$215,840.75
$ 43,088.75
$ 29,588.75
TOTAL $318,107
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C~urch Avenue, S W, Room 456
Roanoke, Virgm~a 24011
Teiepr~one: (703) 981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy C~y Clerk
File #60-192
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30371-11491 amending and
reordaining certain sections of the 1990-91 Civic Center Fund
Appropriations, providing for the appropriation of $67,500.00.
from Retained Earnings - Unrestricted, to Maintenance Buildings
and Other Equipment, to provide funds for certain capital impro-
vements and routine maintenance needs at the Roanoke Civic
Center. Ordinance No. 30371-11491 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, January
14, 1991.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP : ra
Eno.
pc: Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Hr. Barry L. Key, Manager, Office of Management and Budget
IN '£~i~ COUNCIL OF T~ CITY OF ROANO~, VIRGINIA
The 14th Day of January, 1991.
No. 30371-11491.
AN ORDINANCE to amend and reordain certain sections of
the 1990-91 Civic Center 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 Civic Center Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
A ro riat'ons
Operating
Other Charges (1) ...................................
Capital Outlay
Other Equipment (2) .................................
$1,555,112
503,401
111,536
111,536
Retained Earnings
Retained Earnings - Unrestricted (3) ................
1) Maintenance -
Buildings
2) Other Equipment
3) Retained Earnings
- Unrestricted
(005-050-2105-2050)
(005-050-8600-9015)
(005-3336)
$ 49,500
18,000
(67,500)
$1,705,985
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
January 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Civic Center Improvements
I. Background
A. Civic Center hosts an average of 193 contractual events per year
including single and multi-day performances.
B. Average use of the Civic Center is 259 days per year.
C. Occupancy rate including one or more of the facilities used simul-
taneously averages 7_~2percent.
II.
III.
D. Yearly attendance during the last three (3) years averaged 529,584.
Current Situation
A. Certain capital improvements and routine maintenance are needed due
to normal usage of the facility. These improvements are as follows:
1. Sound System
2. Repairs to Damaged Concrete on Plaza
3. Painting
4. Custodial and Miscellaneous Maintenance
B. City will host the Metro Conference Basketball Tournament on
March 7, 8 and 9, 1991.
C. Funds are needed to improve the appearance of the facility prior to
the Tournament.
Issues
Justification of Need
Time of Completion
Funding Sources
Page 2
IV. Alternatives
A. Approve the appropriation of $67,500 to provide for certain capital
improvements and routine maintenance needs.
1. Justification of need has been verified.
2. Time of completion is March 1, 1991. Improvements will be com-
pleted in time to host the Metro Conference Basketball Tournament.
3. Funding sources are available from the following:
a. Civic Center Retained Earnings
b. Civic Center Operating Accounts
c. Building Maintenance Operating Accounts
B. Do not approve the appropriation of $67,500 to provide for certain
maintenance needs.
1. Needed improvements would not be accomplished.
2. Time of completion would not be an issue.
3. Funding sources would not be an issue.
V. Recommendation - City Council approve Alternative "A" and appropriate
$67,500 listed below:
A. Appropriate $49,500 to Maintenance - Buildings
(Account #005-050-2105-2050) from Retained Earnings.
B.Appropriate $18,000 to Capital Outlay - Other Equipment
(Account 9005-050-8600-9015) from Retained Earnings.
Respectfully submitted,
W. Robert Herbert
City Manager
MARY F. PARKER
C*ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W. Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-25~11
January 16, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #247
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the Hotel Roanoke Conference Center
Commission, recommending that Council approve certain draft com-
mission language and authorize the City Attorney to submit said
language to the 1991 Session of the General Assembly, was before
the Council of the City of Roanoke at a regular meeting held on
Monday, January 14, 1991.
On motion, duly seconded and adopted, Council concurred in the
recommendation.
Sincerely, //~~
Mary F.~arker, CMC/AAE
City Clerk
MFP:ra
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
Roanoke, Virginia
January 14, 1991
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Hotel Roanoke Conference Center Commission
I. Background:
aJ
Memorandum of Understanding between Virginia Tech and the City
of Roanoke concerning conference center adjacent to the Hotel
Roanoke was approved and signed on August 27, 1990.
Agreement committed the City and Virginia Tech to a minimum $8
million conference center to be built if the Hotel Roanoke
were redeveloped.
Co
First priority was for the center to be owned and operated by
a commission that would be made up of appointees from Virginia
Tech and the City of Roanoke and legislation to form that
commission would be pursued in the 1991 General Assembly.
II. Current Situation:
Ail proposed legislation to be considered by the General
Assembly this year must be submitted no later than January 22,
1991. Draft legislation is attached.
Main components of the proposed commission legislation are as
follows:
The original commission would be a political subdivision
made up of the City of Roanoke and VPI & SU.
There would be six commissioners made up of three from
each entity. The chairman and vice chairman would be
picked from the commissioners.
The commission would have the authority to issue bonds,
purchase and sell real estate, develop a conference
center and related facilities, and enter into lease
agreements on the operation of the conference center.
The commission would set the fee structure and booking
policies relating to the conference center.
If other jurisdictions or public entities wanted to join
the commission, the amount of capital and operational
contribution they would make and the number seats they
would have on the commission board would all be
negotiated and approved by the commission, the City of
Roanoke and Virginia Tech.
III. Issues:
A. Timing.
B. .Development.
IV. Alternatives:
~pprove the draft commission language and authorize the City
Attorney to submit it to the General Assembly in the 1991
session.
Timing is important as all legislation must be written
and submitted to the General Assembly by January 22,
1991.
2o
Development of the project is enhanced with the estab-
lishment of the commission.
Do not approve the draft commission language and authorize the
City Attorney to submit it to the General Assembly in the 1991
session.
1. Timing is not an issue
2. Development of the project might be impeded.
WRH:BJW:mpf
CC:
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Chief, Economic Development
Minnis E. Ridenour, Executive Vice President and Chief Business
Officer, VPI&SU
Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and
Treasurer, VPI&SU
§1. Short Title. - This act shall be known and may be cited
as the "Hotel Roanoke Conference Center Commission Act."
§2. Creation; public purposes. - If the governing bodies of
the City of Roanoke and Virginia Polytechnic Institute and State
University shall by resolution declare that there is a need for a
Commission to be created for the purpose of establishing and
operating a publicly-owned conference center in the City of Roanoke
adjacent to a renovated Hotel Roanoke and that they should unite in
its formation, a commission to be known as the "Hotel Roanoke
Conference Center Commission" shall thereupon exist and shall exer-
cise its powers and functions as prescribed herein.
In any suit, action, or proceeding involving the validity or
enforcement of or relating to any contract of the "Hotel Roanoke
Conference Center Commission", such Commission shall be conclusively
deemed to have been created as a body corporate, and to have been
established and authorized to transact and exercise its powers
hereunder upon proof of the adoption of a resolution as aforesaid
by the governing bodies of such City and University declaring that
there is a need for such Commission and that they should unite in
its formation. A copy of such resolution duly certified by the
clerk of the city and the provost of the university by which it is
adopted shall be admissible as evidence in any suit, action or pro-
ceedings. Any political subdivision of the Commonwealth is author-
ized to join such Commission pursuant to the terms and conditions
of this Act.
It is hereby found and declared that the ownership and opera-
tion by the Commission of a modern publicly-owned conference center
and related facilities and the exercise of powers conferred by this
Act are proper and essential government functions and public pur-
poses for which public moneys may be spent as herein provided. It
is also declared that contract obligations of a city or town to
provide payments over a period of more than one year to the Commis-
sion shall be excluded from existing indebtedness of such city or
town for purposes of calculating debt limit pursuant to Section
lO(a) of Article VII of the Constitution of Virginia. It is further
declared that the Commission is a ~'wgional entity of government by
or on behalf of which debt may be contracted pursuant to Section
lO(b) of Article VII of the Constitution of Virginia.
§3. Definitions. _ As used in this Act the following words and
terms have the following meanings, unless a different meaning
clearly appears from the context:
1. "Act" means this Hotel Roanoke Conference Center Commis-
sion Act.
2. "Bonds" means any bonds, notes, debentures, certificates,
or other evidence of financial indebtedness issued by the Commis-
sion pursuant to this Act.
3. "City" means the City of Roanoke, Virginia.
4. "Commission,, means the Hotel Roanoke Conference Center
Commission created by this Act.
5. "Commonwealth,, means the Commonwealth of Virginia.
6. "Facility" means a conference center constructed adjacent
to a renovated Hotei Roanoke, including all fixtures, furniture
and equipment.
7. "Participating political subdivision" means the City of
Roanoke, Virginia Polytechnic Institute and State University
and any other political subdivision which may join or have
joined the Commission pursuant to §~ 4 and 5 of this Act.
8 "Po
· ll~lcal subdivision" means a county, municipality
or other public body of this Commonwealth.
9. "University" means Virginia Polytechnic Institute and
State University.
~4. Participating political subdivisions. _ Prior to
becoming a participating political subdivision, each political
subdivision shall enter into a contract with the Commission and
other participating political subdivisions setting forth the
financial contribution to be made by such political subdivision
to the Commission and other terms and conditions applicable to
political subdivision's membership on the Commission.
No pecuniary liability of any kind shall be imposed Upon
any participating political subdivision because of any act,
omission, agreement, contract, tort, malfeasance, misfeasance
or nonfeasance by or on the Dart of the Commission or any
Commissioner thereof, or its agents, servants, or employees,
except as otherwise provided in this Act with respect to
contracts and agreements between the Commission and any other
political subdivision.
§5. Appointment and tenure of Commissioners. _ The powers
of the Commission shall be vested in the Commissioners thereo~'
in office from time to time. The governing body of each par-
ticipating political subdivision shall appoint the number of
Commissioners, who may be members of the governing body set
forth opposite its name below: ,
City of Roanoke three
Virginia Polytechnic Institute three
and State University
The Commission may be expanded to include additional politi,.,
subdivisions entering into a contract with the Commission and ~
- 2
participating political subdivisions pursuant to §4 of this Act.
The number of Commissioners to be appointed by any new partici-
pating political subdivision shall be determined by agreement
between the Commission, the City, the University and any new
participating political subdivisions.
Initially, the governing body of the City shall appoint one
Commissioner for a four-year term, one Commissioner for a three-
year term and one Commissioner for a two-year term. Initially, the
governing body of the University shall appoint one Commissioner for
a four-year term, one Commissioner for a three-year term and one
Commissioner for a two-year term. After the initial terms, each
Commissioner shall be appointed for a four-year term or until his
successor is appointed and qualified. Commissioners appointed by
additional participating political subdivisions shall also be
appointed for four-year terms. The governing body of each politi-
cal sudivision shall be empowered to remove at any time, without
cause, any Commissioner appointed by it and appoint a successor
Co~missioner to fill the unexpired portion of the removed
Commissioner's term.
Each Commissioner may be reimbursed by the Commission for the
amount of actual expenses incurred by him in the performance of his
duties.
§6. Organization. - A majority of the Commissioners in office
shall constitute a quorum. No vacancy in the membership of the
Commission shall impair the right of a quorum to exercise all the
rights and perform all the duties of the Commission.
The Commission shall hold regular meetings at such times and
places as may be established by its bylaws. Special meetings of
the Commission may be called by any Commissioner or any Executive
Director of the Commission upon at least twelve hours' written
notice to each Commissioner served personally or left at his usual
place of business or residence.
The Commissioners shall annually elect a chairman and a vice-
chairman from their membership, a secretary and a treasurer or a
secretary-treasurer from their membership or not as they deem
appropriate, and such other officers as they may deem appropriate.
The Commissioners may appoint an executive director, who shall n~t
be a Commissioner, who shall exercise such powers and duties as ~nay
be delegated to him by the Commissioners, including powers and
duties involving the exercise of discretion.
The Commissioners may make and from time to time amend and
repeal bylaws, not inconsistent with this Act, governing the manner
in which the Commission's business may be transacted and in which
the power granted to it may be enjoyed. The Commissioners may
appoint such committees as they may deem advisable and fix the
duties and responsibilities of such committees.
§7. Powers. - The Commission is hereby granted, has and may
exercise all powers necessary or appropriate to carry out and
effectuate the purposes of this Act, including, for purposes of
illustration, the following:
- 3 -
1. To sue and be sued in its own name;
2. To have perpetual succession;
3. To adopt a corporate seal and alter the same
pleasure;
at its
4. To maintain offices at such places as it may designate;
5. To establish, construct, enlarge, improve, maintain,
equip, operate and regulate the facility and other property
incidental thereto, including any additional property or facili-
ties deemed by the Commission to promote the business, useage or
economic viability of the Conference Center;
6. To grant to others the privilege to operate for profit
concessions, leases and franchises, including but not limited
to the furnishing of food and banquet services, management ser-
vices, and other services necessary to the operation of the faci-
lity and such concessions, leases and franchises shall be
exclusive or limited when deemed by the Commission necessary to
further the purposes of the Commission;
7. To determine fees, rates, and charges for the use of
its facilities;
8. To apply for and accept gifts, or grants of money or
gifts, grants or loans of other property or other financial
assistance from the United States of America and agencies and
instrumentalities thereof, this Commonwealth and political sub-
divisions, agencies and instrumentalities thereof, or any other
person or entity, for or in aid of the construction, acquisition,
ownership, operation, maintenance or repair of the Commission's
facilities or for the payment of principal of any indebtedness of
the Commission, interest thereon or other cost incident thereto,
and to this end the Commission shall have the power to render
such services, comply with such conditions and execute such
agreements, and legal instruments, as may be necessary, con-
venient or desirable or imposed as a condition to such financial
aid;
9. To appoint, employ or engage such officers, employees,
architects, engineers, attorneys, accountants, financial advi-
sors, investment bankers, and other advisors, consultants, and
agents as may be necessary or appropriate, and to fix their
duties and compensation;
10. To establish personnel rules;
11. To own, purchase, lease, obtain options upon, acquire
gift, grant, or bequest or otherwise acquire any property, real
or personal, or any interest therein, and in connection there~i%h
to assume or take subject to any indebtedness secured by such
property;
- 4 -
12. To sell, lease, mortgage, pledge, subject to a deed of
trust, grant options upon, exchange, transfer, assign, or otherwise
dispose of any property, real or personal, or any interest therein,
if such disposition is in the public interest and in furtherance of
the purposes of this Act or if such property is not necessary for
the purposes of the Commission;
13. To make, asSUme and enter into all contracts, leases, and
arrangements necessary or incidental to the exercise of its powers,
including contracts for management or Operation of all or any part
of its facilities;
14. To borrow money, as hereinafter provided and, provided
such borrowing shall mature within one year, to borrow money for
the purpose of meeting casual deficits in its revenues;
15. To adopt, amend, and repeal rules and regulations for the
use, maintenance, and Operation of its facilities and governing the
conduct of persons and organizations using its facilities and to
enforce such rules and regulations and all other rules, regula-
tions, ordinances, and statutes relating to its facilities,
hereinafter provided; all as
16. To pay pensions and establish pension plans, pension
trusts, and other compensation plans for any of its employees;
17. To purchase and maintain insurance or to provide indem-
nification on behalf of any person who is or was a Commissioner,
officer, employee or agent of the Commission against any liability,
asserted against him or incurred by him in any such capacity or
arising out of his status as such; and
18. To do all things necessary or convenient to the purposes
of this Act.
§8. Appointment of Special conservators of the peace. The
Commission may apply to the Circuit Court for the City of
under procedures specified by §19.2-13, for the appointment of
or more Special conservators of the peace, whose powers, funct£,,r]b,
duties, responsibilities and authorities shall be geographicall)
limited to real property of the Commission.
§9. Reports. _ The Commission shall keep minutes of its pr(o-
ceedings, which minutes shall be Open to public inspection during
normal business hours. It shall keep suitable records of all [ts
financial transactions and shall arrange to have the same audit~,(l
annually by an independent certified public accountant. Copies
each such audit shall be furnished to each participating political
subdivision and shall be Open to public inspection.
~10. Procurement. _ Ail contracts of the Commission for the
procurement of construction, goods or services in excess of
shall be subject to the Virginia Public Procurement Act, § 11-35
s~eq, Code of Virginia.
- 5 -
§11. Deposit and investment of funds. - Ail moneys received
pursuant to the authority of this Act, whether as proceeds from
the sale of bonds or as revenues or otherwise, shall be deemed to
be trust funds to be held and applied solely as provided in this
Act. All moneys of the Commission shall be deposited as soon as
practicable in a separate account or accounts in one or more
banks or trust companies organized under the laws of the
Commonwealth or national banking associations having their prin-
cipal offices in the Commonwealth. Such deposits shall be con-
tinuously secured in accordance with the Virginia Security for
Public Deposits Act.
Funds of the Commission not needed for immediate use or
disbursement may, subject to the provisions of any contract
between the Commission and the holders of its bonds, be
invested in securities which are considered lawful investments
for fiduciaries.
512. Authority to issue bonds. - The Commission shall have
power and is hereby authorized to issue bonds from time to time
in its discretion for any of its purposes, including the
payment of all or any part of the cost of any of its facilities
and the refunding of any bonds previously issued by it.
Bonds may be issued under this Act notwithstanding any debt
or other limitation prescribed in any statute without obtaining
the consent of any city, town, or county government or any com-
mission, board, bureau, or agency of the Commonwealth or of any
of the foregoing, and without any other proceedings or the hap-
pening of other conditions or things than those proceedings,
conditions or things which are specifically required by this Act.
The Commission may issue such types of bonds as it may
determine, including without limiting the generality of the
foregoing, bonds payable as to principal and interest: (i) from
its revenues generally; (ii) exclusively from the iacome and
revenues of a particular project; or (iii) exclusively from the
income and revenues of certain designated projects, whether or
not they are financed in whole or ia part from the proceeds of
such bonds. Any such bonds may b~ ~tditionally secured by a
pledge of any grant or contributi ~n ~rom a participating poli-
tical subdivision, the Commonwea[r!~ ,.r any political sub-
division, agency or instrumentality thereof, any federal agency
or any unit, private corporation, ,:opartnership, association, or
individual, as such participating political subdivision, or Other
entities may be authorized to mak~ under general law or by pledge
of any income or revenues of the Commission, or where such
mortgage has been approved by the participating political sub-
divisions, a mortgage of any facilities of the Commission.
Bonds of the Commission shall be authorized by resolution and
may be issued in one or more series, shall be dated, shall mature
at such time or times not exceeding forty years from their date
or dates and shall hear interest at such rate or rates as may be
- 6 -
determined by the Commission, and may be made redeemable before
maturity at the option of the Commission at such price or prices
and under such terms and conditions as may be fixed by the
Commission prior to the issuance of the bonds. The Commission
shall determine the form of the bonds, including any interest
coupons to be attached thereto, and the manner of execution of
the bonds, and shall fix the denomination or denominations of the
bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or
without the Commonwealth. In case any officer whose signature or
a facsimile of whose signature shall appear on any bonds or
coupons shall cease to be such officer before delivery of such
bonds, such signature or facsimile shall nevertheless be valid
and sufficient for all purposes the same as if he had remained in
office until such delivery. Notwithstanding any of the other
provisions of this Act or any recitals in any bonds issued under
the provisions of this Act, all such bonds shall be deemed to be
negotiable instruments under the laws of the Commonwealth. The
bonds may be issued in coupon or registered form or both, as the
Commission may determine, and provision may be made for the
registration of any coupon bonds as to principal alone and also
as to both principal and interest, and for the conversion and
reconversion into coupon bonds of any bonds registered as to
principal and interest and vice versa. The Commission may sell
such bonds in such manner, either at public or private sale, and
for such price, as it may determine to be for the best interests
of the Commission.
Prior to preparation of definitive bonds, the Commission r:~'~,
under like restrictions, issue interim receipts or temporary
bonds, with or without coupons, exchangeable for definitive b()~,~.
when such bonds shall have been executed and are available for
delivery.
§13. Resolution or trust indenture to secure bonds. In
connection with the issuance of bonds and in order to secure
the payment of such bonds, the Commission shall have power:
1. To pledge by resolution, trust indenture, or other
agreement, all or any part of its fees, rents, or revenues;
2. To covenant to impose and maintain such schedule of
rents and charges as will produce funds sufficient to pay
operating costs and debt service;
3. To covenant against pledging all or any part of its
rents, and revenues to which its right then exists or the
to which may thereafter come into existence or against permitt~ ,~
or suffering any lien thereon;
4. To provide for the release of fees, rents, and revenue~
from any pledge and to reserve rights and powers in the fees,
rents and revenues from which are subject to a pledge;
- 7 -
5. To covenant with respect to limitations on its right to
sell, lease or otherwise dispose of any facility or facilities
of the Commission or any part thereof or with respect to limi-
tations on its right to undertake additional projects;
8. To covenant as to the bonds to be issued pursuant to any
resolution, trust indenture, or other instrument and as to the
issuance of such bonds in escrow or otherwise, and as to the use
and disposition of the proceeds thereof;
7. To covenant as to what other, or additional, debt may be
incurred by it;
8. To provide for the terms, forms, registration, exchange,
execution, and authentication of bonds;
9. To provide for the replacement of lost, destroyed, or
mutilated bonds;
10. To covenant as to the use of any or all of its property,
real or personal, subject to the continued use of such property
for the Commission's purposes;
11. To create or to authorize the creation of special funds
in which there may be segregated: (i) the proceeds of any loan or
grant; (ii) all of the fees, rents and revenues of any facility
or facilities or parts thereof; (iii) any moneys held for the
payment of the costs of operation and maintenance of any such
facilities or as a reserve for the meeting of contingencies in
the operation and maintenance thereof; (iv) any moneys held for
the payment of the principal and interest on its bonds or the
sums due under its leases or as reserve for such payments; and
(v) any moneys held for any other reserve or contingencies; and
to covenant as to the use and disposal of the moneys held in such
funds;
12. To redeem its bonds, and to covenant for their redemp-
tion and to provide the terms and conditions thereof;
13. To covenant against ext~-ading the time for the payment
of its bonds or interest thereon, directly or indirectly, by an),
means or in any manner;
14. To prescribe the procedure, if any, by which the terms
of any contract with bondholders may be amended or abrogated,
the amount of bonds the holders of which must consent thereto
and the manner in which consent may be given;
15. To covenant as to the maintenance of its facilities;
the insurance to be carried thereon and the use and disposition
of insurance moneys;
16. To vest in a bondholder tile right, in the event of the
failure of the Commission to observe or perform any covenant on
- 8 -
its part to be kept or performed, to cure any such default and
to advance any moneys necessary for such purpose, and the
moneys so advanced may be made an additional obligation of the
Commission with such interest, security and priority as may be
provided in any trust indenture, lease or contract of the
Commission with reference thereto;
17. To covenant and prescribe as to the events of default
and terms and conditions upon which any or all of its bonds
shall become or may be declared due before maturity and as to
the terms and conditions upon which such declaration and its
consequences may be waived;
18. To covenant as to the rights, liabilities, powers, and
duties arising upon the breach of it of any covenant condition
or obligation; '
19. To covenant to surrender possession of all or any part
of any facility or facilities acquired or constructed from bond
proceeds, the revenues from which have been pledged upon the
happening of any event of default, as defined in the contract,
and to vest in a bondholder the right without judicial pro-
ceeding to take possession and to use, operate, manage, and
control such facility or any part thereof, and to collect and
receive all fees, rents, and revenues arising therefrom in the
same manner as the Commission itself might do and to dispose of
the moneys collected in accordance with the agreement of the
Commission with such obligee, subject to the continued use of
such facilities for the Commission's purposes;
20. To vest in a trustee or trustees the right to enforce
any covenant made to secure, to pay, or in relation to the
bonds, to provide for the powers and duties of such trustee or
trustees, to limit liabilities thereof and to provide the terr~
and conditions upon which the trustee or trustees or the
bondholders or any proportion of them may enforce any such
covenant;
21. To make
covenants herein
character;
covenants other than and in addition to the
expressly authorized, of like or different
22. To execute all instruments necessary or covenient
the exercise of the powers herein granted or in the performanc.~
of its covenants or duties, which may contain such covenants
and provisions, in addition to those above specified, as any
purchaser of the bonds of the Commission may reasonably
require; and
23. To make such covenants and to do any and all such act~
and things as may be necessary or covenient or desirable in
order to secure its bonds, or in the absolute discretion of the
Commission tend to make the bonds more marketable; not-
withstanding that such covenants, acts or things may not be
enumerated herein; it being the intention hereof to give the
Commission power to do all things in the issuance of bonds, and
in the provisions for their security that are not inconsistent
with the Constitution of the Commonwealth or this Act.
$14. Fees, rents and charges. - The Commission is hereby
authorized to and shall fix, revise, charge, and collect fees,
rents and other charges for the use and services of any facili-
ties. Such fees, rents, and other charges shall be so fixed and
adjusted as to provide a fund sufficient with other revenues to
pay the cost of maintaining, repairing, and operating the faci-
lities and the principal and any interest on its bonds as the
same shall become due and payable, including reserves therefor.
Such fees, rents, and charges shall not be subject to super-
vision or regulation by any commission, board, bureau, or
agency of the Commonwealth or any participating political sub-
division. The fees, rents, and other charges received by the
Commission, except such part thereof as may be necessary to pay
the cost of maintenance, repair, and operation and to provide
such reserves therefor as may be provided for in any resolution
authorizing the issuance of such bonds or in any trust inden-
ture or agreement securing the same, shall, to the extent
necessary, be set aside at such regular intervals as may be
provided in any such resolution or trust indenture or agreement
in a sinking fund or sinking funds pledged to, and charged
with, the payment and the interest on such bonds as the same
shall become due, and the redemption price or the purchase
price of such bonds retired by call or purchase as therein pro-
vided. Such pledge shall be valid and binding from the time
when the pledge is made. So long as any of its bonds are
outstanding, the fees, rents, and charges so pledged and
thereafter received by the Commission shall immediately be sub-
ject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledge shall
be valid and binding as against all parties having claims of
any kind in tort, contract, or otherwise against the Commission
irrespective of whether such parties have notice thereof.
Neither the resolution nor any trust indenture by which a
pledge is created need be filed or recorded except in the
records of the Commission. The use and disposition of moneys
to the credit of any such sinking fund shall be subject to the
provisions of the resolution authorizing the issuance of such
bonds or of such trust indenture or agreement.
§15. Credit of Commonwealth and political subdivisions not
pledged. - The bonds of the Commission shall not be a debt of
Commonwealth or any political subdivision thereof, other than
the Commission, and neither the Commonwealth nor any political
subdivision thereof, other than the Commission, shall be liable
thereon, nor shall such bonds be payable out of any funds or
properties other than those of the Commission. All bonds of
- 10
the Commission shall contain on the face thereof a statement to
such effect. The bonds shall not constitute an indebtedness
within the meaning of any debt limitation or restriction.
$16. Commissioners and persons executing bonds not liable
thereon. - Neither the Commissioners nor any person executing the
bonds shall be liable personally on the Commission's bonds by
reason of the issuance thereof.
§17. Remedies of bondholders. _ Any holder of bonds issued
under the provisions of this Act or of any of the coupons
appertaining thereto, and the trustee under any trust indenture
or agreement, may, either at law or in equity, by suit, action,
injunction, mandamus or other proceedings, protect and enforce
any and all rights under the laws of the Commonwealth or
granted by this Act or under such trust indenture agreement or
the resolution authorizing the issuance of such bonds and may
enforce and compel the performance of all duties required by
this Act or by such trust indenture or agreement or resolution
to be performed by the Commission or by any officer or agent
thereof, including the fixing, charging and collection of fees,
rents and other charges. Any resolution authorizing the
issuance of the Commission's bonds or trust indenture or
agreement securing the same may limit or abrogate the indivi-
dual right of action by the holders of such bonds or coupons
appertaining thereto.
§18. Taxation. - The exercise of the powers granted by this
Act shall in all respects be presumed to be for the benefit of the
inhabitants of the Commonwealth, for the increase of their com-
merce, and for the promotion of their health, safety, welfare, con-
venience and prosperity, and as the operation and maintenance of
any project which the Commission is authorized to undertake will
constitute the performance of an essential governmental function,
the Commission shall not be required to pay taxes on its real
estate, tangible personal property and machinery and tools. Bonds
issued under the provisions of this .%ct, their transfer and the
income therefrom including any pr',~f£c made on the sale thereof,
shall at all times be free and ~×,~mpt from taxation by the
Commonwealth and by any political ~ub,J~vision thereof. Persons,
firms, partnerships, associations, ~'~rporations and organizations
leasing property of the Commissi~] ,~r ~ioing business on property of
the Commission shall be subject [o and liable for payment of all
applicable taxes of the political subdivisions in which such leased
property lies or in which business is conducted, including, but not
limited to, any leasehold tax on real property and taxes on
tangible personal property and machinery and tools, taxes for
admission, taxes on hotel and mo~el rooms, taxes on the sale of
tobacco products, taxes on the sale of meals and beverages, privi-
lege taxes and local general retail sales and use taxes, taxes to
be paid on licenses in respect to any business, profession, voca-
tion or calling and taxes upon consumers of gas, electricity,
telephone, water, sewer and other public utility services.
- 11 -
~19. Bonds as legal investments. - Bonds issued by the
Commission under the provisions of this Act are hereby made
securities in which all public officers and public bodies of
the Commonwealth and its political subdivisions, all insurance
companies, trust companies, banking associations, investment
companies, executors, administrators, trustees, and other fidu-
ciaries may properly and legally invest funds, including capi-
tal in their control or belonging to them. Such bonds are
hereby made securities which may properly and legally be depo-
sited with and received by any state or municipal officer or
any agency or political subdivision of the Commonwealth for any
purpose for which the deposit of bonds or obligations is now or
may hereafter be authorized by law.
§20. Appropriation by political subdivision. - Any partici-
pating political subdivision, or other political subdivision of
the Commonwealth is authorized to provide services, to donate
real or personal property and to make appropriations to the
Commission, for the acquisition, construction, maintenance, and
operation of the Commission's facilities. Any such political
subdivision is hereby authorized to issue its bonds, including
general obligation bonds, in the manner provided in the Public
Finance Act or in any applicable municipal charter for the pur-
pose of providing funds to be appropriated to the Commission,
and such political subdivisions may enter into contracts obli-
gating such bond proceeds to the Commission.
The Commission may agree to assume, or reimburse a par-
ticipating political subdivision for, any indebtedness
incurrred by such participating political subdivision with
respect to facilities conveyed by it to the Commission.
the consent of the governing body of the participating polit~-
cal subdivision, any such agreement may be made subordinate
the Commission's indebtedness to others.
§21. Fiscal year; Commission budget. - A. The fiscal ye~~
of the Commission shall begin on July l and end on June 30.
B. The Commission shall a~nually, prior to February 15,
prepare and submit to the participating political subdivisi~,~,
(i) a proposed operating budget ~howing its estimated revenu~,~
and expenses on an accrual basis fo~ the forthcoming fiscal
year, and if such estimated expenses exceed such estimated
revenues, the portion of the deficit proposed to be borne b)
each participating political subdivision, and (ii) a propose~i
capital budget showing its est[.ated expenditures for such
fiscal year for assets costing more than $20,000 (or such
higher amount as the Commission and the participating politi.~.
subdivisions may determine) and having an estimated useful
of twenty years or more and the source of funds for such
ditures, including any amount requested from the participatin~
political subdivisions. Depreciation shall be excluded from
the Commission's operating budget w£th respect to assets
purchased by the Commission with funds appropriated to it for
- 12-
such purpose by a participating political subdivision and, for
this determination, it shall be assumed that any appropriation
so made is for the purchase of assets set forth in the appli-
cable Commission budget to the extent such purchase price is
included in the approved budget. Assets purchased by the
Commission with bond proceeds shall be depreciated over the
useful life of such assets purchased with bond proceeds.
C. If the governing body of a participating political sub-
division shall approve the Commission's proposed operating
budget, it shall appropriate to the Commission such political
subdivision's portion of such deficit. If during any fiscal
year the Commission shall receive revenues in excess of those
estimated by the Commission in its approved budget for such
year, the budgeted deficit for such fiscal year shall automati-
cally be reduced and, except as herein provided, the
appropriation of each participating political subdivision shall
be proportionately reduced. Notwithstanding the foregoing,
wCth the consent of the governing bodies of the participating
political subdivisions, all or a portion of such appropriations
may be maintained so as to enable the Commission to expend such
excess revenues for its proper purposes.
D. If the governing body of a participating political
subdivision shall approve the Commission's proposed capital
budget, it shall appropriate to the Commission such par-
ticipating political subdivision's portion of the expenditures
set forth therein. Any such appropriation shall automatically
be reduced by the participating political subdivision's propor-
tionate share of any grant funds received by the Commission for
the purchase of assets included in the Commission's approved
capital budget in excess of the grant funds shown in such capi-
tal budget as a source of funds for such expenditure, unless
prohibited by the basic provider of the grant funds.
E. The Commission may expend any and all moneys within its
control without obtaining the approval of the participating
political subdivisions, but, except as otherwise provided in
this Act with respect to contrac[~ and agreements between the
Commission and any political subdidtvision, the Commission
shall not commit any participating political subdivision in an
amount in excess of that appropriated to the Commission by the
governing body of such political subdivision.
F. If at any time during any fiscal year it shall appear
that the cash disbursements of th~ Commission will exceed its
cash receipts for such fiscal year, including amounts
appropriated to it by the participating political subdivisions,
the Commission may request supplemental appropriations from the
participating political subdivisions and any other political
subdivision.
§22. Allocation of deficit; denial of voting privileges. -
A. Any deficit budgeted by the Commission in any fiscal year,
- 13 -
i.e., any excess of its estimated expenses over its estimated reve-
nues, and the cost of any budgeted capital expenditures in excess
of the amount shown as available therefor, as shown on the Commis-
sion's operating and capital budgets approved by the participating
political subdivisions, shall be allocated between the City and the
University equally. In the event that the Commlission is expanded
to include additional political subdivisions pursuant to 94 of this
Act, the deficit shall be allocated among the participating politi-
cal subdivisions in the proportions to be determined by agreement
between the Commission, the City, the University and any new par-
ticipating political subdivisions. In the event the appropriation
of any participating political subdivision is insufficient to pay
its portion of the deficit incurred in any fiscal year, the alloca-
tion of any deficit for any succeeding fiscal year shall take into
account the cumulative deficiency attributable to such participat-
ing political subdivision; however, no participating political sub-
division shall be required to pay the Commission in any fiscal year
any amount in excess of that appropriated to the Commission by the
governing body of such participating political subdivision.
B. Any participating political subdivision not contributing
its proportionate share of any deficit as determined by the Com-
mission pursuant to 9 22 of this Act, either of the Commission's
operating budget or capital budget in accordance with a schedule
established by the Commission, shall automatically be denied v,~t[r~g
privileges. The denial of voting privileges shall terminate upon
the delivery of its proportionate share by such political sub-
division.
§23. Dissolution of Commission. - Whenever it shall appear'
the Commission that the need for the Commission no longer exists,
it may petition the circuit court for the City of Roanoke for
dissolution of the Commission. If the court shall determine
the need for the Commission as set forth in this Act no long,~r
exists and that all debts and pecuniary obligations of the
sion have been fully paid or provided for, it may enter an or-d,.,
dissolving the Commission.
Upon dissolution, the court shall order any real property
contributed to the Commission by a participating political su~o-
division returned to such participating political subdivisions.
remaining assets of the Commissi(~n shall be distributed to th~, i ,"-
ticipating political subdivisions in proportion to their
contributions theretofore made t(~ the Commission.
Each participating political subdivision and all holders ~)r ~. ,
Commission's bonds shall be made parties to any such proceedia~
shall be given notice as provided by law. Any party defendant ~,.
reply to such petition at any time within six months after
filing of the petition. From the final judgment of the court,
appeal shall lie to the Supreme Court of Virginia.
924. Agreement with Commonwealth and participating politica~
subdivisions. - The Commonwealth and, by participating in the
Commission, each participating political subdivision pledge
14 -
to and agree with the holders of any bonds issued by the
Commission that neither the Commonwealth nor any participating
political subdivision will limit or alter the rights hereunder
vested in the Commission to fulfill the terms of any agreements
made with said holders or in any way impair the rights and
remedies of said holders until such bonds are fully met and
discharged. The Commission is authorized to include this
pledge and agreement in any contract with the holders of the
Commission's bonds.
§25. Liberal construction. - Neither this Act nor anything
herein contained is or shall be construed as a restriction or
limitation upon any powers which the Commission might otherwise
have under any laws of this Commonwealth, and this Act is cumu-
lative to any such powers. This Act does and shall be
construed to provide a complete, additional and alternative
method for the doing of the things authorized hereby and shall
be regarded as supplemental and additional to powers conferred
by other laws. However, the issuance of bonds under the provi-
sions of this Act need not comply with the requirements of any
other law applicable to the issuance of bonds, notes or other
obligations. No proceedings, notice or approval shall be
required for the issuance of any bonds or any instrument as
security therefor, except as is expressly provided in this Act.
The provisions of this Act are severable, and if any of its
provisions shall be held unconstitutional by any court of com-
petent jurisdiction, the decision of such court shall not
affect or impair any of the other provisions of this Act.
§26. Application of local ordinances, service charges and
taxes upon leaseholds. - Nothing herein contained shall be
construed to exempt the Commission's property from any ap-
plicable zoning, subdivision, erosion and sediment control and
fire prevention codes or from building regulations of a polit~-
cal subdivision in which such property is located. Nor shall
anything herein contained exempt the property of the Commission
from any service charge authorized by the General Assembly pur-
suant to Article X, Section 6(g) of the Constitution of
Virginia, or exempt any lessee of any of the Commission's pro-
perty from any tax imposed upon his leasehold interest in such
property or upon the receipts derived therefrom.
§27. Existing contracts, leases, franchises, etc., not
impaired. - No provisions of this Act shall relieve, impair or
affect any right, duty, liability or obligation arising out of
any contract, concession, lease or franchise now in existence
except to the extent that such contract, concession, lease or
franchise may permit. Notwithstanding the foregoing provisions
of this section, the Commission may renegotiate, renew, extend
the term of or otherwise modify at any time any contract, con-
cession, lease or franchise now in existence in such manner and
on such terms and conditions as it may deem appropriate, prov£-
ded that the operator of or under any said contract, con-
- 15-
cession, lease or franchise consents to said renegotiation,
renewal, extension or modification.
2. That
passage.
an emergency exists and this Act is in force from its
- 16
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S w, Roorr~ 456
Roanoke. V~rg~ma 24011
Telephone: (703) 981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy CiTy Clerk
File #305
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear ~4r. Herbert:
I am attaching copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke. Incorporated, for repla-
cement of ~even security doors, frames and hardware and relatea
work at the Juvenile Detention Home, upon certain terms and con-
aitions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 1991.
Sincerely, p~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eric o
pc: Mr. Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton. Construction Cost Technician
Mr. James D. Ritchie, Director of Human ReSources
Mr..Mark C. Johnson, Superintendent, Juvenile Detention
Home
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke, V~rgmla 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy Cl:y Clerk
File #305
Mr. Lawrence D. Johnson, Jr.
President
Construction Services of Roanoke,
3812 Bunker Hill Drive, S. ~.
Roanoke, Virginia 24018
~,nc o
Dear Mr. Johnson:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated, for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 1991.
Sincerely.
City Clerk
MFP: r a
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W, Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy C~:y Clerk
File #305
Mr. Thomas C. ~hitaker, Owner
Thomas C. Whitaker
170 North Broad Avenue
~'aynesboro, Virginia 22980
Dear Mr. Whitaker:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated, for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 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 project.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
~4FP : ra
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
January 16, 1991
SANDRA H. EAKIN
Deputy C~ty Clerk
File #305
Mr. James A. Morrison
President
BKM Contractors Corporation
6405 Merriman Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Morrison:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated, for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total' amount of $23,927.00. Ordinance ~o.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 1991.
On behalf of the Mayor and Members of City Council, I would li~e
to express appreciation for submitting your bid on the above-
described project.
MFP : ra
Sincerely, //~~
Mary F. Parker, CMC/AAE
City Clerk
Enc o
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W ,Room 456
Roanoke, Virg~ma 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy C,:y Clerk
File #305
Mr. Wayne Campbell, President
Campbell Construction & Development
5304-B Indian Grave Road, S. W.
Roanoke, Virginia 24014
Co. , Inc.
Dear Mr. Campbell:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated. for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 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 project.
Sincerely, ~~
~lary F. Parker, CWIC/AAE
City Clerk
MFP:ra
Enc.
MARY F. PARKER
City C~erk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W, Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
DeDuty Cl~y CJerk
File #305
Mr. Jerry K. Oyler
President
Security Detention Equipment,
P. O. Box 189
Boones Hill, Virginia 24065
[nc.
Dear Hr. Oyler:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated, for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Honday, January 14, 1991.
On behalf of the Mayor and Members of City Council, I would like
to express appreciation for submitting your bid on £he above-
described project.
Sincerely,
Mary F. Parker,
City Clerk
CMC/AAE
MFP : ra
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $ W. Room 456
Roanoke. Virgmta 24011
Telephone: (703)981-2541
January 16, 1991
SANDRA H. EAKIN
Deputy C~:y Clerk
File #305
Mr. James E. Allen
Vice-President
Detention Services, Inc.
618 Ashlawn Street, $. W.
Roanoke, Virginia 24015
Dear Mr. Allen:
I am enclosing copy of Ordinance No. 30373-11491 accepting the
bid of Construction Services of Roanoke, Incorporated, for repla-
cement of seven security doors, frames and hardware and related
work at the Juvenile Detention Home, upon certain terms and con-
ditions, in the total amount of $23,927.00. Ordinance No.
30373-11491 was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 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 project.
Sincerely,
Wary F. Parker.
City Clerk
CMC/AAE
MFP:ra
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th Day of January, 1991.
No. 30373-11491.
VIRGINIA,
AN ORDINANCE accepting the bid of Construction Services of
Roanoke, Incorporated for replacement of seven (7) security doors,
frames and hardware and related work at the Juvenile Detention Home,
upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite
contract for such work; rejecting all other bids made to the City
for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The bid of Construction Services of Roanoke, Incorporated
made to the City in the total amount of $23,927.00 for replacement of
Seven (7) security doors, frames, hardware and related work at the
Juvenile Detention Home, such bid being in full compliance with the
City's plans and specifications made therefor and as provided in the
contract documents offered said bidder, which bid is on file in the
Office of the City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized on behalf of the City to execute and
attest, respectively, the requisite contract with the successful
bidder, based on its proposal made therefor and the City's specifica-
tions made therefor, said contract to be in such form as is approved
by the City Attorney, and the cost of said work to be paid for out of
funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S W,Room 456
Roanoke, Vrrgm~a 24011
Telephone: (703)981-2541
January 16, 1991
SANORA H. EAKIN
Deputy City Clerk
File #60-305
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance lSD. 30372-11491 amending and
reordaining certain . sections of the 1990-91 General Fund
Appropriations, providing for the transfer of $23,927.00 from
Maintenance of Fixed Assets Contingency and Other Equipment to
Construction - Structures, Juvenile Detention Home, in connection
with award of a contract to Construction Services of Roanoke,
Inc., for replacement of seven security doors, frames, hardware
and related work at the Juvenile Detention Home. Ordinance Mo.
303?2-11491 wes adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 14, 1991.
Sincerely, ~~
Mary F. Par~Cer, CMC/AAE
City Clerk
MFP:ra
Enc o
pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. James D. Ritchie, Director of Human Resources
Mr. ~ark C. Johnson, Superintendent, Juvenile Detention
~ome
Il( ~I'~ C'O~eII. OF 'l'tUi ¢II') OF ROANOI~, VIIiGII(IA
The 14th Day of January, 1991.
No. 30372-11491.
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:
A ro i tions
Public Safety
Juvenile Detention Home (1 2)
Non departmental - ' ....................
Contingency - General Fund (3) ....................
1) Construction -
Structures
2) Other Equipment
3) Maint. of Fixed
Assets Contingency
(001-054-3320-9060)
(001-054-3320-9015)
(001-002-9410-2201)
$ 23,927
(14,923)
( 9,004)
$27,035,464
640,421
13,185,407
1,400,987
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
January 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Juvenile Detention Home
Replace Seven (7) Security
Doors, Frames, and Hardware
for City of Roanoke at
Coyner Springs, Virginia
I. Back~round:
Bids, following proper advertisement, were publicly opened
and read aloud before City Council on November 19, 1990
for Replacement of Seven (7) Security Doors at the Juvenile
Detention Home.
Six (6) bids were received with Construction Services of
Roanoke, Incorporated submitting the low bid in the amount of
$23~927.00 and 180 consecutive calendar days. Most of this
time is for delivery of security door hardware.
~ro~ect consists of the removal of seven (7) security doors,
frames, and hardware and replacing with new doors, frames,
and hardware. The doors and frames are now installed to
swing in to the corridor. The children have run into the
doors, kicked them and jumped against them until the struc-
tural integrity of the doors, frames and hardware have been
damaged. This outswinging door has had all this abuse con-
centrated on the door latch and keeper. The new doors will
swing into the room and will resist abuse much better since
the door will be restrained by the whole door frame and not
just the latch bolt. The in-swinging door does not violate
the fire code.
II. Issues in order of importance are:
A. Compliance of the bidders with the requirements of the
contract documents.
B. Amount of the low bid.
Page 2
C. Funding of the project.
D. Time of completion.
III. Alternatives are:
Award a lump sum contract to Construction Services of
Roanoke, Incorporated, in the amount of $23~927.00 and 180
consecutive calendar days to Replace Seven (7) Security
Doors, Frames, Hardware and Related Work at the Juvenile
Detention Home in accordance with the contract documents as
prepared by the Office of City Engineer.
1. Compliance of the bidders with the requirements of the
contract documents was met.
2. Amount of the iow bid exceeded the estimate by about 15
percent but is acceptable.
3. Funding for the project is as follows:
Contract Amount
$23,927.00
From Account Number
001-054-3320-9015
$14,923.00
From Fixed Asset
Maintenance, Account
No. 001-002-9410-2201
9~004.00
TOTAL $23,927.00
Time of completion is quoted as 180 consecutive calendar
days, which is acceptable due to delivery time for
special electric control door hardware.
B. Reject all bids and do not award a contract at this time.
1. Compliance of the bidders with the requirements of the
contract documents would not be an issue.
2. Amount of the low bid would probably increase if rebid
at a later date.
3. Funding would not be encumbered.
Time of completion would be extended. These doors,
frames, and hardware need to be replaced as soon as
possible for security of the facility.
Page 3
IV.
Recommendation ~s that City Council take the following action:
A. Authorize the City Manager to enter into a contractual
agreement, in form approved by the City Attorney, w~th
Construction Services of Roanoke, Incorporated to Replace
Seven (7) Security Doors, Frames, and Hardware and Related
Work at the Juvenile Detention Home in accordance with the
contract documents as prepared by the City Engineer's office,
in the amount of $23~927.00 and 180 consecutive calendar
days.
B. Transfer $9~004.00 from Fixed Asset Maintenance, account
number 001-002-9410-2201 and $14~923.00 from account number
001-054-3320-9015 to account number 001-054-3320-9060,
Construction Other, for a total of ~23~927.00.
C. Reject the other bids received.
Respectfully submitted,
William White, Sr., Chairman /
William F. Clark
WW/LBC/mm
Attachment: Tabulation of Bids
cc:
City Attorney
Director of Finance
Citizens' Request for Service
C~ty Engineer
Manager, Juvenile Detention Home
Construction Cost Technician
J~ D. Ritchfe
TABULATION OF BIDS
REPLACE SEVEN (7) SECURITY DOORS,
FRAMES, AND HARDWARE
FOR CITY OF ROANOKE AT
COYNER SPRINGS, VIRGINIA
Bids opened before City Council on Monday, November 19, 1990 at 2:00 p.m.
BIDDER BASE BID NO. of DAYS
Construction Services of
Roanoke, Incorporated $23,927.00 180
Security Detention
Equipment, Inc. $24,067.00 * 160
Detention Services, Inc. $25,997.00 180
BKM Contractors Corporation $27,771.00 133
Thomas C. Whitaker $28,845.00 173
Campbell Construction &
Development Co., Inc. $34,225.00 142
* Base bid was $24~548.00 with a note on the alternate bid form to reduce the
base bid by -$481.00 or $24;067.00.
Engineer's Estimate: $20,000.00
William F. Clark
WilliamVWhite, Sr., Chairman'
Office of City Engineer
Roanoke, Virginia
January 14, 1991
Roanoke, Virginia
January 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council
Subject:
Bid Committee Report
Juvenile Detention Home
Replace Seven (7) Security
Doors, Frames, and Hardware
for City of Roanoke at
Coyner Springs, Virginia
I concur with the recommendations of the attached Bid Committee Report.
WRH/LBC/mm
Attachment: Bid Committee Report
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Human Resources
Citizens' Request for Service
City Engineer
Manager, Juvenile Detention Home
Construction Cost Technician
Respectfully submitted,
W. Robert Herbert
City Manager
Office of the City Clerk
November 20, 1990
File #305
~illiam ~ite, Sr., Chairman
James D. Ritchie
· iliiam F. Clark
)
) Committee
Centlemen:
The following bids to replace seven security doors, frames and
hardware at the Juvenile Detention Home, were opened and read
before the Council of the City of Roanoke at a regular meeting
held on Monday, November 19, 1990:
BIDDER
BASE BID TOTAL
Construction Services of Roanoke, Inc.
Security Detention Equipment, Inc.
Detention Services, Inc.
BK~ Contractors Corporation
Thomas C. ~hitaker
Campbell Construction & Oevelopment Co.,
$23,927.00
24,548.00
25,997.00
27,771.00
28,845.00
34,225.00
On motion, duly seconded and u~animously adopted, the bids ~/ere
referred to you for tabulation, report and recommendation to
Council.
Sincerely.
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Hr. Wilburn C. Diblinq, Jr., City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541
BID FORM
DATE:
Roanoke City Council
c/o City Clerk's Office
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
SUBMITTED BY:
(Firm Name)
The undersigned hereby proposes and agrees, if this Bid is accepted, to Contract
with the City of Roanoke, Virginia, to furnish all equipment, materials, labor
and services necessary to Replace Seven (7) Security Doors, Frames and Hardware
at the Juvenile Detention Home at Coyner Springs, Virginia for the City of
Roanoke in accordance with the Contract Documents as prepared by the Office of
City Engineer, Roanoke, Virginia.
BASE BID
DOLLARS ($ )
The undersigned hereby acknowledges the receipt of the following addenda to the
Contract Documents:
Addendum Number
Addendum Number
Addendum Number
Dated
Dated
Dated
The undersigned hereby agrees, if this Bid is accepted, to commence work with an
adequate force and equipment within ten (10) consecutive calendar days upon
receipt of a written "Notice to Proceed" from the Office of City Engineer and to
complete the work within ( ) consecutive calendar days from the
date of actual work beginning or the tenth consecutive calendar day from the
date stipulated in the written "Notice to Proceed" and to pay as liquidated
damages the sum of Twenty-five ($25.00) Dollars per day to the City of Roanoke
for each consecutive calendar day in excess of the time indicated to complete
the work.
i of 2 Bid Form
Licensed "Class A" or "Class B" Virginia Contractor Number
State the complete firm name, exactly as it is recorded with the State
Corporation Commission.
EXACT FIRM NAME
BY
TITLE
BUSINESS ADDRESS
CITY
TELEPHONE
STATE
ZIP CODE
DIRECTIONS FOR MAILING BIDS: If proposals are sent by mail they shall be sent
by registered mail. '
Opaque envelopes containing proposals and certified check or bidders bond must
be sealed, marked and addressed as follows:
Roanoke City Council
c/o City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Place in lower left-hand corner of the envelope the following:
SECURITY DOORS (7), FRAMES AND HARDWARE REPLACEMENT
JUVENILE DETENTION HOME
FOR CITY OF ROANOKE
COYNER SPRINGS, VIRGINIA
2 of 2 Bid Form
BID TABULATION
JUVENILE DETENTION HOME~
REPLACE SEVEN (7) SECURITY DOORS
FRAMES AND HARDWARE
FOR CITY OF ROANOKE AT
COYNER SPRINGS, VIRGINIA
Bids opened before City Council on Monday, November 19, 1990 at 2:00 p.m.
BKM Contractors
Burnette Cabinet Shop, Inc.
· Campbell Construction & Development
Construction Services of Roanoke, Inc.
Detention Equipment
Detention Services
Duncan's Welding &
Correctional Equipment
Fowler Welding
Security Detention Equipment, Inc.
Thomas C. Whitaker
Engineer's Estimate: $20,000.00
Office of City Engineer
Roanoke, Virginia
November 19, 1990
CITY OF ROANOKE
DATE:
November 13, 1990
TO: Ms. Mary F. Parker, City Clerk
FROM: ~,~J[D. D. Roupe, Manager, General Services
SUBJECT: JUVENILE DETENTION HOME
~EPLACE SEVEN (7) SECURITY DOOR
Sealed bids will be received in the City Clerk's
Office until 1:30 p.m., Monday, November 19, 1990 and held
unopened until 2:00 p.m., at which time all such bids will
be delivered to City Council to be publicly opened and read
aloud at their regular meeting on this same date, for the
following:
JUVENILE DETENTION HO~E
REPLACE SEVEN (7) SECURITY DOORS
FI~MES AND HARDWARE
COYNER SPRINGS, VIRGINIA
A copy of the legal advertisement for this bid is
attached hereto.
/dh
cc: Bob Herbert
Chip Snead
Bill Clark
Kit Kiser
Sealed Bids for:
INVITATION TO BID
(Legal Advertisement)
CITY OF ROANOKE, VIRGINIA
JUVENILE DETENTION HOME
REPLACE SEVEN (7) SECURITY DOORS
FRAMES AND HARDWARE
COYNER SPRINGS, VIRGINIA
will be received by the City of Roanoke in the City Clerk's Office, Room 456,
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, until
1:30 p.m., local time on Monday, November 19, 1990. All bids so received will
be held by the City Clerk, unopened, until 2:00 p.m., local time, on the same
date, at which time all Bids so received will be delivered to the Roanoke City
Council Chamber, Room 450, Municipal Building, Roanoke, Virginia, and then
publicly opened and read aloud before the Roanoke City Council.
Copies of plans and specifications may be examined at the Office of City
Engineer, Room 350, Municipal Building, Roanoke, Virginia during business hours.
Copies of the documents may be obtained only from the Office of City Engineer.
The City of Roanoke will not be responsible for documents obtained from any
other source. All plans should be returned, in good condition, to the Office of
City Engineer after the contract has been let, except for the successful bidder.
A pre-bid conference will be conducted on Tuesday, November 13, 1990 at 2:00
p.m., local time at the Juvenile Detention Home on State Route 660 (U.S. 460 E.
of Roanoke) Coyner Springs, Virginia.
Bidders are required to comply with all applicable City and Botetourt County
Ordinances, State Laws and Federal Regulations; and are required under Title
54.1, Chapter 11, Code of Virginia (1950), as amended, to be licensed as a
"Class A Contractor" before submitting a Bid of Forty Thousand ($40,000.00)
Dollars or more; or to be licensed as a "Class B Contractor" before submitting a
Bid of Fifteen Hundred ($1,500.00) Dollars or more, but less than Forty Thousand
($40,000.00) Dollars. Bidders shall show evidence of being properly licensed as
required in the Instructions to Bidders. Bidders shall deposit with their Bid,
and the Employment Projection Form, a Bid Security executed in the amount and
form stipulated in the Instructions to Bidders.
The City of Roanoke expressly reserves the right to reject any or all Bids, to
waive any informality or irregularity in the Bids received, and to accept a Bid
which is deemed to be in the best interest of the City of Roanoke.
1 of 2 Invitation to Bid
If the Bid by the lowest responsible Bidder exceeds available funds, the City
reserves the right to negotiate with the apparent low Bidder pursuant to
§23.1-14(c), Code of the City of Roanoke (1979), as amended. The conditions and
procedures under which such negotiation may be undertaken are that the
appropriate City officials shall determine that the lowest responsible Bid
exceeds available funds and notify such Bidder in writing of its desire to nego-
tiate. Thereafter, negotiations with the apparent low Bidder may be held to
obtain a Contract within available funds involving discussions of reduction of
quantity, or other cost saving mechanisms. Any such negotiated Contract shall
be subject to final approval of the City.
Bids may not be withdrawn for a period of sixty (60) days after the Opening of
Bids, unless the Bid is substantially lower than the other Bids because of a
clerical error as defined in §11-54 of the Code of Virginia (1950), as amended.
The Bidder shall give notice in writing to the City of Roanoke a claim to
withdraw the Bid within two (2) business days after the Opening of Bids as set
forth in part (i) of §11-54.A., Code of Virginia (1950), as amended.
The successful Bidder shall be awarded a Lump Sum Contract.
Date
William F. Clark
Director of Public Works
City of Roanoke, Virginia
2 of 2 Invitation to Bid