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HomeMy WebLinkAboutCouncil Actions 02-03-92MUSSFR (30858) REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 3, 1992 2:00 p.m. Call to Order Roll Call. An Present. The Invocation was delivered by The Rev~cad George Stevenson, Pastor, East Gat~ Church of the N~ene. The Pledge of Allegiance to the Flag of the United S~_t_~ of America was led by Mayor Noel C. Taylm'. e CONSENT AGENDA (APPROVED 7-0) ^I.I. MA'ITER~ LI~ UNDER THE CONSENT AGENDA ARE CONSIDERF~ TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THF. RE WILL BE NO SEPARATE DISCUSSION OF THESE rFEMS. IF DISCUSSION IS DESIRF. D, THAT ITEM WII.1. BE RFMOVF. D FROM THE CONSENT AGENDA AND CONSIDERF. F) SEPARATF. LY. C-1 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C-2 A list of items pending from July 10, 1978, through January 27, 1992. RECOMMENDED ACTION: Receive and file. C-3 A communication from Vice-Mayor Howard E. Musser requesting an Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. C--4 Qualification of Messrs. Stanley G. Breakell and Grady P. Gregory, Jr., as members of the Building Maintenance Division of the City's Board of Building Code Appeals, for terms of five years each, ending November 10, 1996. RECOMMENDED ACTION: Receive and file. 2 REGULAR AGENDA 3. HFARING OF ClTIZF. NS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting approval of a State Literary Fund loan application, in the amount of $2 million, for construction costs for renovations to Virginia Heights Elementary School. Adopted Resolution No. 308.58-020392. (7-0) Adopted Ordinance No. 308.59 on first reading. (7-0) A communication from Mr. Kevin L. Pearson, Attorney, representing Mr. William P. Vinyard, Jr., requesting relocation of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke, in order to allow the City of Roanoke portion of a parcel of land owned by Mr. Vinyard to be combined with adjoining lots in the Town of Vinton. Referred to the City Manage~ and the City Amy for study, t~ort and 11~ommeods, tion tO Coungii. 5. R~PORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending authorization to execute Change Order No. 7 to the contract with Acorn Construction, Ltd., for renovations to Falling Creek Water Treatment Plant, in an amount not to exceed $24,514.00; and appropriation of funds therefor. Adopted Budget Ordinance No. 30860=ff20392 and Ordinance No. 30861--020392. (7--0) b. CITY CLERK: A report of the City Clerk advising of expiration of the terms of Ms. Sallye T. Coleman and Mr. Thomas L. Orr as Trustees of the Roanoke City School Board on Sune 30, 1992; and further advising that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Tuesday, March 10, 1992. Received and filed. 6. REPORTS OF COMMITI FS: A report of the Water Resources Committee recommending execution of an agreement with Appalachian Power Company providing for abandonment of certain public utility easements impacted by the construction of a flood protection berm at the Sewage Treatment Plant, and dedication of new public utility easements to replace said abandoned easements. Council Member Elizabeth T. Bowles, Ch&irperson. Adopted Ordinance No. 30862 on ~ _r~al.g. (7-0) 4 A report of the Water Resources Committee recommending authorization for installation of a permanem Carbon Monoxide Monitor Site by the Department of Air Pollution Control on the Public Works Service Center property. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 30863 on first rending. (7-0) A report of the Water Resources Committee recommending execution of a one year extension of the lease agreement for office space in the Crystal Tower Building for the Regional Drug Prosecutor's Office, with provision for the City Manager to execute future one year extensions of said lease at no cost to the City. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 30864-020392. (7-0) A report of the Water Resources Committee recommending execution of an extension of the lease agreement with the Blue Ridge Zoological Society of Virginia, Inc., for the Mill Mountain Zoo; and renewal of the three party agreement between the City, the Blue Ridge Zoological Society of Virginia, Inc., and the Roanoke Jaycees, Inc., for operation of the miniature railway. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance 30865 on first ~.~41ng. (7-0) 7. UNFINISHED BUSINESS: None. Se INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF A Resolution supporting legislation increasing the penalties for carrying of firearms onto school property and for selling or giving a pistol to a minor. Adopted Re~olufion No. 30866-020392. (7-0) The m~-~ of possession of firearms on school property was referred to the Roanoke City School Board for report and recommendation to Council. 9. MOTIONS AND MISCF.~J.ANEOUS BUSINESS: ae Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI-1F.R HF?ARINGS OF CITITF. NS: The method of taxing ai~lanes based at the Roanoke Regional Airport was referred to the City Manager for study, report and recommenantion to Council. The mn~t~r was also referred m the Roanoke Regional Airport Commi.~sion for input as to how the new method of taxation will affect economic activities at the ~ CERTIFICATION OF EXECUTIVE SESSION. (6-0, Council Member Fit~Falrick left the meeting during the Executive Session.) Appointed The Revenmd John R. Rhone to the Special Events Committee 6 NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, V~rginia 24011 Telephone: (703)981-2444 February 3, 1992 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. NCT: se Sincerely, Pending Items from July 10, 1978, Referral Date Referred To 7/10/78 City Manager 8/27/90 City Manager 2/11/91 Architectural Review Board 3/4/91 City Manager School Administration through January 27, 1992. Item Recommendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of a hotel on Mill Mountain.) Request to investigate the feasibility of instituting a ,,Adopt-A-Program," an arrangement whereby businesses could fund a specific City program for a certain period of time. Request to review Section 36.1-345(b) of the City Code and after conducting a public hearing on the matter, to submit a report and recommendation to Council with regard to clarification of the language contained therein. Request to submit a joint report to Council and the School Board relative to the three schools proposed to be renovated after Forest Park Elementary School renovations have. been completed to determine need to facilities schools. Manager's date of if there remains a renovate said as elementary (Note: See City communication under March 22, 1991, suggesting that the study process on the matter begin in July, 1991; and City Manager's communication to Dr. Tota under date of August 26, 1991, requesting a response to certain questions by September 16, 1991.) Pending Items from July 10, 1978, through January 27, 1992. Referral Date Referred To Item 5/13/91 5/13/91 5/13/91 5/28/91 6/17/91 City Manager 1992-93 Budget Study City Manager City Attorney City Manager City Attorney Request to confer with the City's Pay Plan consultant with regard to salaries for certain positions which appear to be out of line with comparable positions in the Pay Plan. Request to investigate the feasibility of retaining a consultant to review areas of Joint cooperation where the City and the school system could combine activities in an effort to save money. Request to obtain information with regard to a Sales Tax Rebate Program. (See City Attorney's communication under date of May 17, 1991, to the Honorable David A. Bowers.) A communication from Council Member David A. Bowers requesting consideration of a proposal to allow a real estate property tax rebate for developers or homeowners who build single family residences on inner-city vacant lots. A communication from Mr. Edward S. Grandis, Attorney, representing Mr. John P. Cone, Jr., advising of his client's appeal to the Circuit Court of the City of Roanoke, in connection with Council ' s denial of a petition to appeal a decision of the Architectural Review Board regarding an application for a Certificate of Appropriateness for property located at 526 Mountain Avenue, S. W. 2 Pending Items from July 10, 1978, through January 27, 1992. Referral Date Referred To Item 8/12/91 City Manager Mayor's 1991 State of the City Recommendation No. 3 to establish a committee to report back to Council before the end of the year as to whether the Roanoke area has adequate facilities and support to compete in an even greater way in the area of attracting amateur sporting events to the Roanoke Valley. 8/12/91 City Manager Director of Finance 1992-93 Budget Study Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. 8/12/91 City Manager 1992-93 Budget Study Mayor's 1991 State of the City Recommendation No. 5 to provide employees of Roanoke City Government and the Roanoke City School System with a salary increase during fiscal year 1992-93. 8/12/91 City Manager City Planning Commission Request of the Wright- Creston-Rosewood Association that Creston Avenue and Rosewood Avenue, S. W., rights- of-way be barricaded by way of traversable barricades across Creston Avenue at the intersection of Strother Road and Creston Avenue, and across Rosewood Avenue southeast of its intersection with Sweetbriar Avenue. 12/9/91 City Manager City Planning Commission Communication from Mr. Gary M. Bowman, Attorney, representing the Wright-Creston-Rosewood Association, in connection with the above matter. Pending Items from July 10, Referral Date Referred To 8/12/91 City Manager City Attorney 1978, 9/23/91 1992-93 Budget Study 12/2/91 City Manager 12/9/91 City Planning Commission through January 27, 1992. Item Remarks of Mr. Ted H. Key, Director of the Northwest Revitalization Corporation, with regard to consideration of a measure prohibiting the owners of motels or other living facilities from renting rooms to the general public when other portions of the same facility are being used by prisoners on work release, parole or half-way house. Matter regarding holiday seasonal outlining of City- owned buildings. Request to report to Council within 90 days as to meetings with other Jurisdictions in the Roanoke Valley relative to formulation of a Regional Plan for development of a strategy for affordable housing. Request of Mr. Vincent A. Board that a tract of land located at 2401 Clifton Avenue, N. W., being Lot 5, Block 1, Map of Villa Heights, identified as Official Tax No. 2430434, be rezoned from RS-3, Residential Single Family District, to RM- 1, Residential Multi-Family, Low Density District, subject to certain conditions proffered by the petitioner. 4 Pending Items from July 10, 1978, through January 27, 1992. Referral Date Referred To Item 12/16/91 William White, Sr., Ch. William F. Clark George C. Snead, Jr. Bids for demolition of a structure and removal of asbestos containing material at 416 Gainsboro Road, N. W. 1/6/92 City Manager Deferred action on a measure with regard to adoption of a policy for handling future requests for real estate tax- exempt status pending additional information from the City Manager. 1/13/92 City Manager Suggestions made by Mr. Ren T. Heard with regard to two specific revisions to proposed amendments to the Flood Plain Regulations. 1/13/92 City Manager Request to provide a status report by February 10, 1992, on 1991 auto racing at Victory Stadium. 5 Noel C. ~l~ylor Mayor Howard E. Musser Vice-IVmyor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 February 3, 1992 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II Wil]iam White, Sr. Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, February 3, 1992, to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. ////~incerely,~ Howard E. Musser Vice Mayor HEM:js 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 February 5, 1992 SANDRA H. EAKIN Deputy City Clerk File #15-64 Mr. Grady P. Gregory, Jr., Chair Building Maintenance Division of the City's Board of Building Code Appeais 1360 Maple Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Gregory: This is to advise you that Messrs. stanley G. Breakell and Grady P. Gregory, Jr., have qualified as members of the Building Maintenance Division of the City's Board of Building Code Appeals, for terms ending November 10, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Oath or Affirmation of Office CITY '92 8tare oI Virginia, City oI Roar~oke. to .~vit: I, Stanley G. Breakel I , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for a term of five years, ending November 10, 1996. Subscrlbed and sworn to before me, this ~ d~']]~/)q/([~'. Oafh or ^ffirma+ion of Office Statz o~ Virginia, Oi~ o~ Roanol~e, ~o .lvit: I, Grady P. Gregory, Jr do solemnly swear (or a~irn~) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Building Maintenance Division of the City's Board of Building Code Appeals, for a term of five years, ending November 10, 1996. according to the best of my ability. ~o help me~ Subscrihea and sworn to before ,nc, · _~--~ MARY F. PARKER City Clerk CITY. OF ROANOIO . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 5, 1992 ~IDRA H. F. AKIN Deputy City Clerk File #467 Mr. Finn D. Pincus, Chair Roanoke City School Board 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: I am enclosing copy of Resolution No. 30858-020392 authorizing the Roanoke City School Board to make application for a loan from the State Literary Fund for the purpose of adding to and improving Virginia Heights Elementary School, in the amount of $2,000,000.00. Resolution No. 30858-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: 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. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30858-020392. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for adding to and improving Virginia Heights Elementary School. WHEREAS, the School Board for the City of Roanoke, on the 3rd day of February, 1992, presented to this Council an application addressed to the State Board of Education for the purpose of borrowing from the Literary Fund, $2,000,000 for adding to and improving the present school building at Virginia Heights Elementary School, to be paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $2,000,000 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. This Council will each year, during the life of this loan at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. ATTEST: City Clerk. Finn D, Pincus. Chairman Charles LU. Day, Vice Chairman Sallye T. Coleman / -floanoke City School Board Marilyn C. Curtis Martha LU. O'Neil Thomas L. Orr James M. Turner, Jr. Frank p. Tol:a, Supedntendenl: Richard L Kelley, Clerk of the Board P.O Box 13105, Roanoke, Virginia 24031 · 703-981-2381 January 20, 1992 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council:' As the result of official School Board action at its meeting of December 17, 1991, the School Board respectfully requests City Council to approve a State Literary Fund loan application in the amount of $2.0 million for the construction cost for renovations to Virginia Heights Elementary School. The debt service on the loan will increase the Board's debt service expenditure by $180,000 in FY94-95, but no debt service liability is incurred until funds are drawn against the loan account. The Board appreciates the approval of this request. Sincerely, Richard L. Kelley Executive for Business Affairs and Clerk of the Board rg Enc. cc: Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger ~ ~'~ Excellence in Education ., No. APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School Virgin a Heig~hts Elementary SchooName of Z::X~6~-City Roanoke To THE STATE BOARD OF EDUCATION~ Richmond, Virginia: Gentlemen: The School Board for the ~:~-City of Roanoke hereby makes application for a loan of $ P_tq raJJ. lion __ from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering 1210 Amherst Street, S.W. (making permanent improvement to) a school building located at ..l~oannk~. V-A--~.~15 , as follows: (Describe brlefly) additions and p_e_r__m~an._ent im~rovements to Virginia Heights Elementary School for the purpose of modernizing an elementary school constructed in 1921. 1. The said building, addition, or permanent improvement described above, to be of brick IType of construction, brick, frame, etc.) will be used as a __elementary school -- building, and is estimated to cost $_~.0 millioq (Elera., H. $., Comb. Elem. & H.S.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ ,4 7',11 530 There is at present a loan from the Literary Fund on this Vi_r~qjnia HeLq~s Elem. Sch__ocl in the amount Of ~ -0- (Building or school plant) 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there. to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains __ 2.4 of which 2.4 . acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the build~ng or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent.of Public Instruction before construction is begun. It is understood that the State Board of Educatifin reserves the right to with. } ' any part or all of the amount of this loan, if the plans and specifi/~.tions approved by the Superintendent of Public Instruction are not followed. (il The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) _~ermanent improvements are required to modernize electrical, plumbing, mechanical and structural components of the school and add space for instruction and physical education activities. 8. The present total indebtedness of the County-City for school buildings is $__.~3..m, 987 320 $ 2,166,000 is owed to the Literary Fund. , of which 9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: None 10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 11. The building or. improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) _Five-Year Capit~[_Lmpf_ovemellt__Plan~ M&y 1991 ____ 12. This loan is to be made for 20 years, and is to be paid in ~0 the rate of _4 per centum per annum, payable annually. annual installments, with interest at .13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 13 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erar7 Fund and, for at le~t two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the. 17_th day of December --, 19 91 THE SCHOOL BOARD Ol{ ...... A'r"rzs'r:~ J~ /%rk. -7 Roanoke _A ~-CIT¥ By _~..~~, Ch~;rman. (2) MARY F. PARKER Cit3, Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 5, 1992 SANDRA H. F. AKIN Deputy CiW Clerk File #91 Mr. W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia I am attaching copy of a communication from Mr. Kevin L. Pearson, Attorney, representing Mr. William P. Vinyard, Jr., with regard to relocation of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke, in order to allow the City of Roanoke portion of a parcel of land owned by Mr. Vinyard to be combined with adjoining lots in the Town of Vinton, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. On motion, seconded and unanimously adopted, the communication was referred to you for study, report and recommendation to Council. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Kevin L. Pearson, Attorney, Cranweli & Moore, P. O. Box 11804, Roanoke, Virginia 24022-1804 TELEPHONE (703) 344-1000 January 23, 1992 Hon. Noel C. Taylor, Mayor Roanoke City Council c/o Mary F. Parker, City Clerk Roanoke City Municipal Building, Room 456 215 Church Avenue, Room 452 Roanoke, Virginia 24011 Dear Mayor Taylor and Members of Council: This letter is written on behalf of Mr. William P. Vinyard, Jr., to request your consideration of a proposal to adjust the boundary line between the City of Roanoke, the Town of Vinton, and the County of Roanoke. The area specifically affected is west of Berkley Road on the southerly side of the Norfolk and Western Railway. Mr. Vinyard owns a parcel of land which straddles the boundary line in this area. He has subdivided the parcel on the Vinton side of the boundary for the purpose of developing single family residential dwellings. The subdivision has been duly recorded in the Roanoke County records as Berkley Court. I enclose for your information a copy of the plat. You will note that the boundary line between the city and the town runs across the northerly end of Mr. Vinyard's property, effectively cutting in half proposed lots 4, 5 and 6 and reducing, somewhat, lot 3, as well. The property has been platted to include these four lots) however, as you can see, the location of the boundary line renders three of them unbuildable. Therefore, pursuant to the authority granted by the Code of Virginia, §15.1-1031.1 et seq., allowing relocation of boundary lines by agreement between political subdivisions, Mr. Vinyard requests that the City Council pass an ordinance authorizing and directing the Mayor to enter into an agreement with the Town of Vinton and the County of Roanoke to relocate the boundary between them in a northerly direction allowing the remaining .3781 acres, currently lying within the City, to be combined with the adjoining lots as shown on the subdivision plat. Hon. Noel C. Taylor, Mayor Roanoke City Council January 17, 1992 Page Two This request is made in the belief that such an agreement would be in the best interests of all the parties, as well as the interests of Mr. Vinyard and the persons who will purchase homes in the subdivision. Similar correspondence has been sent to the other jurisdictions, requesting their cooperation, as well. Respectfully ygur),,/ Kevin L. Pearson KLP/bm Enclosure cc: Wilburn C. Dibling, Esquire W. Robert Herbert, City Manager Edward R. Tucker, City Planner William P. Vinyard, Jr. MJ~Y F. P/%RKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03)981-2541 February 5, 1992 SANDIO, H. ~ Deputy City Clerk File #468B Mr. J. W. Christenbury, Jr., President Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 Dear Mr. Christenbury: I am enclosing copy of Ordinance No. 30861-020392 approving the City Manager's issuance of Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for renovation of Falling Creek Water Treatment Plant, in the amount of $24,514.00. Ordinance No. 30861-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. 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 February 5, 1992 SANDRA H. F. AKIN Deputy City Clerk File #468B Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30861-020392 approving issuance of Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for renovation of Falling Creek Water Treatment Plant, in the amount of $24,514.00. Ordinance No. 30861-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30861-020392. AN ORDINANCE approving the City Manager's issuance of Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for the renovation of Falling Creek Water Treatment Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for the renovation of Falling Creek Water Treatment Plant, as more fully set forth in report to this Council dated February 3, 1992. 2. Such Change Order shall be performed on a time and material basis, not to exceed $24,514.00 and upon other terms and conditions deemed necessary by the City Manager; provided, however, that approval of this Change Order shall in no way prejudice any claims City may have under the Contract. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 MARY F. PARKER SANDRA H. EArN City Clerk Deputy City Clerk February 5, 1992 File #60-468B Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30860-020392 amending and reordaining certain sections of the 1991-92 Water Fund Appropriations, providing for appropriation of $24,514.00, in connection with Change Order No. 7 to the City's contract with Acorn Construction, Ltd., for renovation of Falling Creek Water Treatment Plant. Ordinance No. 30860-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget ZN THE COUNCZL OF THE CITY OF ROi%I~OXEtVZRGINZA The 3rd Day of February, 1992. No. 30860-020392. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Water 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 1991-92 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Capital Outlay Falling Creek Plant Rehabilitation ~etained E&rninq~ (1) ............. Retained Earnings Unappropriated (2) ............... $ 1) Approp. from General Revenue (002-056-8359-9003) $ 24,514 2) Retained Earnings Unappropriated (002-3336) (24,514) $ 5,076,631 1,439,195 1,390,167 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia February 3 ,,Q~99~ Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 7 Falling Creek Water Treatment Plant Renovations II. III. I. Backqround: ae Construction Phase II contract, issued to Acorn Construction, Ltd., for the renovation of Falling Creek Water Treatment Plant was approved by City Council on June 25, 1990, for $1,004,119.00. Construction contract amount to date is $1,104,040.92. City Council was advised of emergency procurement by letter of January 21, 1992. Current Situation: A. Substantial completion date was November 25, 1991. City has claims under the contract which include failure to complete the contract within the contract period. Additional work has been requested by the City to more effectively control the treatment process, including additional valves and level controllers. Chanqe order will be performed on a time and material basis with an amount not to exceed $24,514.00. Valve delivery is expected to take ten (10) weeks, with a total construction time of twelve (12) weeks. Issues of Importance: A. Time B. Availability of Funds C. Cost Page 2 IV. WRH/DLL/mm Alternatives: Approve Chanqe Order No. 7 in the amount not to exceed $24,514.00. Time is critical as we are approaching spring high demand flows. Funds are available from the Water Fund Retained Earnings. Cost is reasonable based on review by Hayes, Seay, Mattern & Mattern, Inc., the consultant for the job. Do not approve Chanqe Order No. 7 in the amount not to exceed $24,514.00. Time of completion would be jeopardized as the plant is not yet on line. Funds would remain available in the Water Fund Retained Earnings. Cost would be deferred to the Water Department for installation at a later date. Reconu~endation: ae Concur with the implementation of Alternative "A". Authorize the City Manager to execute Change Order No. 7 to the contract with Acorn Construction, Ltd. in the amount not to exceed $24,514.00. Change Order to provide that approval shall in no way prejudice any claims City may have under the contract. Appropriate }24t514.00 from the Water Fund Retained Earnings to account number 002-056-8359-9065, Falling Creek Plant Rehabilitation. Respectfully submitted, W. Robert Herbert City Manager Page 3 cc: Director of Finance City Attorney Director of Public Works Director of Utilities & Operations City Engineer Manager, Water Department Construction Cost Technician Roanoke, Virginia Jan~'~Fy2 2~, 9~.~2 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Emergency Procurement - Change Order for Renovated Work at Falling Creek Filter Plant The City has a contract with Acorn Construction Company for renovation work at Falling Creek Filter Plant in the amount of $1,350,921.92. The contract is substantially complete; however, additional work needs to be performed to effectively control the treatment process. The major item of additional work is purchasing and installing two valves, with readers/printers, to control the flow rate. The total change order will be in an amount not to exceed $24,514.00 and take approximately 10 weeks due to the delivery time on the valves. Timing is critical as we are approaching spring high demand flows. $18,274.00 of the anticipated change order is due to the equipment which is propriety equipment. The remaining costs are reasonable; however, we have determined it to be in the City's interest to negotiate a "price not to exceed" rather than a lump sum price. This is to advise Council that I have authorized the project manager to tall the contractor to proceed, under the provisions of Section 41 of the City Charter dealing with emergency procurememt, as soon as the precise details of the change order are resolved and committed to writing. Final details of the change order will be presented to Council at a later date for ratification. WRH:KBK:afm CC: City Attorney Director of Finance Water Department Manager ~'~ject Manager Respectfully submitted, W.~ert'~e~ eft~~ City Manager MARY F. PARLOR City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. ~rwg~nia 24011 Telephone: (703)981-2541 February 3, 1992 SANDRAH. EAKIN Deputy CityClerk File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the terms of Ms. Sailye T. Coleman and Mr. Thomas L. Orr will expire on June 30, 1992. According to Section 9-16, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board for terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 provides that all applications must be filed in the City Clerk's Office by March 10 of each year. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. Information describing the duties and ~esponsibilities of School Board Trustees will also be available. Periodically over the next four months, I will endeavor to keep the Council informed as to the various steps required to be followed throughout the selection process. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw PROCESS 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 February 5, 1992 SANDRA H. EAKIN Deputy City Clerk File #133-76 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30864-020392 authorizing the proper City officials to enter into a lease between the City of Roanoke and Crystal Tower Building Corporation of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi-jurisdictional drug p~oseeutor, for a one year term commencing January 1, 1992, and terminating December 31, 1992, at a monthly rental of $475.00. Ordinance No. 30864-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno o pc: Ms. Marygay H. Piersall, Manager, Crystal Tower Building Corporation, 145 W. Campbell Avenue, S. W., Roanoke, Virginia 24011 The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Melvin L. Hill, Special Assistant Commonwealth's Attorney, City of Roanoke Regional Drug Prosecutor, 145 W. Campbell Avenue, S. W., Suite 205, Roanoke, Virginia 24011 Mr. Joel M. Schianger, Director of Finance Ms. Deborah J. Moses, Chief, Billings and Collections Mr. Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30864-020392. AN ORDINANCE authorizing the proper City officials to enter into a lease between the City of Roanoke and Crystal Tower Building Corporation authorizing conditions, for use by the multi-Jurisdictional drug prosecutor, extension of such lease upon certain terms and and providing for an emergency. BE follows: 1. IT ORDAINED by the Council of the City of Roanoke as The City Manager and the City Clerk are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Roanoke, in form approved by the City Attorney, with Crystal Tower Building Corporation or its successor in title, a lease of Suite 205 on the second floor of the Crystal Tower Building, 145 W. Campbell Avenue, for use by the multi- jurisdictional drug prosecutor, for a one year term commencing January 1, 1992, and terminating December 31, 1992, at a monthly rental of $475.00, as more particularly set forth in the report by the Water Resources Committee to this Council dated February 3, 1992. Such lease shall contain such other terms and conditions as are approved and required by the City Manager. 2. The City Manager and the City Clerk are hereby authorized and directed to execute and attest respectively, in form approved by the City Attorney, future additional one year or less lease extensions upon the same terms and conditions for such office space providing that grant funds are available to pay the lease fee at no unfunded cost to the City, as more particularly set forth in the report by the Water Resources Committee to this Council dated February 3, 1992. 3. In order to provide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia February 3, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Renewal of Lease Agreement Regional Drug Prosecutor's Office The attached staff report was considered by the Water Resources Cormnittee at its meeting on January 27, 1992. The Committee recormmends that Council authorize a one (1) year extension of the lease for Regional Drug Prosecutor in the Crystal Tower Building with provision for the City Manager to execute future one (1) year extensions of the lease at no cost to the City and that lease agreement contain provisions identical to the currently proposed lease in accordance with the conditions stated in the attached report. ETB:KBK:afm Attachment CC: Respectfully submitted, Eli~eth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Commonwealth Attorney Melvin L. Hill, Special Assistant Commonwealth Attorney Marygay H. Piersall, Manager, Crystal Tower INTERDEPARTMENTAL COMMUNICATION DATE: January 27, 1992 TO: FROM: .mbers, Water Resources Committee B. r, D± of Utilities & Operations, W. Robert Herber~y Manager thru SUBJECT: RENEWAL OF LEASE AGREEMENT REGIONAL DRUG PROSECUTOR'S OFFICE (RDP) I. Backqround: Lease of office space in Crystal Tower Building by RDP began with a month-to-month lease and then was formalized with a nine (9) month lease on April 1, 1989. Lease has been renewed twice since then and current lease expired on December 31, 1991. Current lease rate is $475.00 per month. II. Current Situation: ae Renewal of lease for a one (1) year period (January 1 thru December 31, 1992) at a lease rate of $475.00 per month has been recommended by the Commonwealth's Attorney. (See attached letter.) B. Lease fee paid in its entirety by a grant. cost to the City. There is no III. Issues: A. Need B. Timinq C. Fundinq IV. Alternatives: Committee recommend to City Council that it authorize a one (1) year extension of the lease of space in the Crystal Tower Building for RDP at a lease rate of $475.00 per month; and, authorize the City Manager to execute future lease extensions for this office space when grant funds are available to pay the lease fee at no cost to the City and the Lease Agreement form contains provisions identical to the previous leases and allowing for possible future lease fee increases acceptable to the Commonwealth's Attorney and Grantor agency. Page 2 1. Need by petitioner to is met. retain current office space 2. Timing to provide for reinstatement of lease as soon as possible is met. Funding is available in the Multi-Jurisdiction Drug Grant in Account No. 035-026-5124-2030. Committee not recommend to City Council that it authorize a one (1) year extension of the lease for office space for RDP in the Crystal Tower Building. 1. Need for office space by RDP is not met. 2. Timing is moot. 3. Funding is not an issue. V. Recommendation: Committee recommend to City Council that it authorize a one (1) year extension of the lease for RDP in the Crystal Tower Building with provision for the City Manager to execute future one (1) year extensions of the lease if they are at no cost to the City and contain provisions identical to the currently proposed lease in accordance with Alternative "A". KBK/RVH/fm cc: City Attorney Director of Finance Commonwealth Attorney Melvin L. Hill, Special Assistant Commonwealth Attorney Marygay H. Piersall, Manager, Crystal Tower CITY OF ROANOI , OFFICE OF THE CITY Aq~IX)RNEY WTI. BURN C. OlBLINO, JR. November 26, Melvin L. Hill, Esquire Special Assistant Commonwealth's Attorney 145 W. Campbell Avenue, Suite 205 Roanoke, Virginia 24011 Re: Regional Drug Prosecutor; Lease Agreement between City and Crystal Tower Associates Dear Melvin: Thank you for your letter of November 18, 1991, regarding the proposed extension of the lease agreement between the City and Crystal Tower Building Corporation for the period of January 1, 1992 through December 31, 1992, for office space now being used by the Regional Drug Prosecution Program. I have reviewed the lease form and it appears to be consistent with past leases which we have approved as to form. In order to have the lease executed, it is necessary that the lease be submitted to City Council's Water Resources Committee for consideration and recommendation to City Council for final approval. In this regard, I have enclosed a copy of one of the most recent letters from the Commonwealth Attorney's Office to Mr. Herbert as City Manager requesting authorization of the additional one year lease. Upon authorization by Roanoke City Council, we will be pleased to have the lease document executed and returned to you. Please let me know if you have any comments or questions or if I may be of further assistance in this matter. Ve~l~ours, MAW:dlJ Enclosure cc: Wllburn C. Dlbllng, Jr., ~Klt B. Klser, Director of Utilities Mike Crew, Department of Finance Mark Allan Williams Assistant City Attorney City Attorney and Operations Gc MMoNWEAI.TI+ OF VIi ,. C['F'¢ OF ROANOKE REGIONAL IDRUG P~OSECUTOR December 3, 1991 Mr. W. Robert Herbert, City Manager City of Roanoke MuniciDal Building, Room 364 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Lease Agreement/Regional Drug Prosecutor's Office Dear Mr. Herbert: The current Lease Agreement between the City of Roanoke and Crystal Towers Associates for the Regional Drug Prosecutor's Office will exDire December 31, 1991. I have forwarded the new Lease, which will cover the Deriod from January 1, 1992 to December 31, 1992, to the City Attorney's office for review and aDDroval. As you know, the rental cost of this office sDace will be absorbed by the grant funds allowed under the Anti-Drug Abuse Act of 1986. In accordance with the above, we respectfully ask that you request authorization to execute the one-year Lease for the Regional Drug Prosecutor's Office in the Crystal Towers Building. Should you have any questions, please call me. Very truly yours, Donald S. Ca,dwell Commonwealths Attorney MLH:msh cc: Mark A. Williams, Esq. LEASE AGRE~MF,2~T '~IS LEASE· made as of this 25th day of October 199--1, by and between CRYSTAL TOWER BUILDING CORPORATION, hereinafter called "Landlord". and City of Roanoke · hereinafter called "Tenant", through _ N/A , Agents. WITNE$$ETH; 1. Definitions. '~he following terms and expressions shall have the respective definitions set forth in thls Section 1 unless a contrary meaning is elsewhere in this Lease: (a) Building: Crystal Tower Buildin~ 145 W. Camb~ei1 Ave.. Roanoke, VA 24011 (b) Premises: Off~ce space designated Suite No.. 205 , on the ~n4 floor, in the Building, further defined in Section 2 hereof. (c) Term: /-ne period shall begin on January 1. 1992 or on the date as of which Tenant COn~nences business ~n the Premises whichever occurs later plus the part of a month, if any, from the date of com~nencement to the first full calendar month the term; and shall terminate on December 31~ 1992 (d) Annual Base Rent: $ 5700.00 , payable in monthly installments of $ 475.00 each. (e) T~ue Premises constitute n/a · of all rentable area in the Building. 598 sq.ft. 2. premises. Landlord leases to Tenant and Tenant hires from Landlord that certain office space designated by the Suite nun~er set forth in Section 1 hereof. (hereinafter called "Premises") in the building identified in Section 1 (hereinafter called "Building") together with all appurtenances from time to t~me thereto belonging, including, but not limited to. the privilege in common with others to use the lobbies, stairways, and other public and service portions ("Conmmon Areas") of the Building for the respective purposes for which they are designated by the Landlord from time to time, 3. Term. The term of this Lease shall be for the period of time defined in Section 1 as "Term", but this Lease may terminate sooner under certain circumstances~ as hereinafter provided. Term shall be deemed to commence at 12:01 a.m. on the first day thereof and to expire at 11:59 p.m. on the last day thereof. 4. Possession. Landlord shall deliver possession of the Premises to Tenant at the commencement of the Term. S. Use. Tenant shall use Premises only for off~ce purpcse~ and shall permit no operation or activity that causes an additional premium to be payable for insurance on Premises or Building against fire of other hazard· or which might render or voidable any such insurance. Tenant covenants that, at own expense, it shall comply w~th all laws, ordinances, and regulations, now or hereafter enacted by the Federal. State, County or City goverr~nents, or other duly constituted public authority having jurisdiction over the Premises. Tenant agrees that is shall comply, and cause its employees and agests to comply, with such rules and regulations as Landlord may presc~:be from time to time for the safety, care, and cleanliness of the Building and the safety, comfort, quiet and convenience of occupants of the Building. 6. Annual Base Rent. Tenant shall pay to Landlord annually as Base Rent for the Premises, the sum of money defined in Section 1 hereof as "Annual Rent". payable in equal'monthly Installments in advance on the first day of each month during the term hereof, at such place as Landlord shall designated. Tenant and Landlord agree that a 5% late charge will be charged for any rents paid after the fifth (tth) day of each month. , Adjustment to Annual Base Rent. 77~ Landlord and Tenant recognize that real estate taxa and othe~ direct expenses of the Building will vary from yeaF year an~ ~gree that the Annual Base Rent shall be adjusted.Y computed a~d paid as herein set forth, to reflect increase~ or decreases i~ real estate therein, Tenant shall pay as addition rent s proportionate share of the increase and if there/~e a decrease therein, Tenant's additional rent shall be re~'uced by the pro~rtion~e share of the decrease, all to the e~tent - herei~a~,[ ~r~pecifica~ly provided. / ..... 7.2 F~owi~ the calendar year durin~ whic/the Term co~ences (here~n r~ferred to as "Base Year'), ~e Annual ~ase Rent s9~1 ~e increased or decreased, as the c~e may be. by a proportionate part or,any increase or decreas~in di~ec~'e~e~ses paid ~r i~jrred by Landlord during the Base/Year on :u~z~mng above or below ~ch direct expen s paid or incurred by Landlo~ fo~ the year pre,ding the Base ar. Tenant's proporyiona~ pa~ of a~ s~ch incre~ decrease shall be the Tenant percentage set f~th in Section l(e) 7.3 If this Lease shal the last day of the calendar in Annual Base Rent for the Cal~ occurs, as finally determined that year. shall be prorated the Term during that calendar between the parties shall party entitled thereto, no this Lease. on any date other than the Increase or decrease Year in which termination lndlord following the end of ng to the number of days of nd any necessary ad3ustment and ayable upon demand on the the prior termination o~ Landlo 7.4 The term "di~ expenses" as u~ed herein shall costs and expense to~ rd of the opera~xlon, ownership, management and maint~'n~ of the Building ~od shall include following ite~: r/nt, property taxes, wate~and sewer charg~ insurance premium~ fees of legal counsel, he~. light, power, 7.5 ~e ~nnual deracination and statement ~f sa~d direct expenses sha~ be made and prepared by Landlord. k copy of statement s~lI be made available to Tenant upon de'nd. A fir. al statement ~f said accounting shall be final ah'b~g upon Landlord~nd.Tenant. and pa~ent shall be du~ithin ~irty days or~eceipt of bill. A 5% late charge will be accused on late ~en,. ~7.6 N~withstand~ng any contrary provisions of th~s ~ Se~i?~ the Annual Base Rent payable by Tenant. ~org~g to this Section 7. shall in no %?]~ be less than ~e ~nnual Base Rent specified in Section 1 hereof. 8. Negative Covenants. 8.1 Tenant shall not co--it or permit any act which results in any wasting of the Premises other than that attributed to ordina~ wear and tear. 8.2 Tenant shall not, without the prior writtea consent of Landlord, mortgage, pledge or encumber its interest in this Lease. This covenant is expressly made binding upor. the legal representative, heirs, successors and assigns of Tenant. 8.3 Tenant shall not vacate or abandon the Premises during the Term of t~is Lease, except temporarily for necessary repairs. 8.4 Tenant shall not permit any equipment of the Premises, the uss of which would place an unreasonable demand Un the Building's electrical, water, heating or air conditioning systems. 9. Improvements; Care and Repair. 9.1 Tenant shall make no improvements, alterations or additions to or deletions from the Premises or the improvements therein placed by Landlord without Landlord's prior written consent. Landlord's consent when given shall nevertheless be no consent by Landlord to subject its interest in the Pram/sas, Building or the land of which they are a part to any mechanic's liens that may be filed following any alterations, additions, changes or improvements made by or on behalf of Tenant. 9.2 In the event any lien shall at any time be filed against the Premises by reason of work. labor or services performed or materials furnished to Tenant or to anyone holding the Premises through or under the Tenant. Tenant shall forthwith cause the same to be discharged of record or bonded to satisfaction of Landlord. If Tenant shall fail to cause such lien to be so discharged or bonded within five days after being notified of the filing thereof, then Landlord. in addition to any other right or remedy, shall have the right to cause the lien tc be discharged or to declare all rentals for the balance of the Term immediately due and payable and shall have the right also to order and cause any further work and the supply of materials in and about the Premises to be stopped. Landlord's costs and expenses in connection with the enforcement of any rights and remedies shall be due and payable by Tenant to Landlord as additional rent. 9.3 All improvements made to the Premises which are so installed or attached that they cannot be removed without damage to the remainder of the Premises shall become the property of Landlord upon installation. 9.4 Tenant shall maintain Premises in the same good condition as they shall be at the commencement of this Lease, ordinary wear and tear excepted. Tenant, at its sole expense. and not as the agent of Landlord, shall make repairs to the Premises and the fixtures thereof, necessitated by the negligence or misuse of Tenant, its employees, agents, and guests. All damage or injury to the Premises and to its fixtures. appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant's moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, and for which Landlord has not been or will not be reimbursed by insurance, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, then the same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant upon Landlord's demand. 9.5 Landlord shall make all repairs and structural replacements necessary or desirable in the discretion of Landlord to keep the Building in good order and repair, but Landlord shall remove all of its personal property and peacefully surrender the Premises in as good condition as they were at the beginning of the Teton. ordinary wear and tear excepted. 9.6 All property remaining in the Premises after the expiration of the Term of this Lease shall be deemed abandoned and may be removed by Landlord. and Tenant shall reimburse Landlord for the cost of such removal. Landlord shall have the right, but no obligation, to store any such property at Tenants risk and expense. 10. Services 10.1 Landlord shall furnish adequate heat and conditioning, subject to regulation by governmental authority, as needed on business days. For purposes of this Section "Business Days" are defined as Monday through Friday, inclusive, from 8 a.m. to 6 p.m., and Saturday from 8 a.m. to 1 p.m., except legal holidays recognized by the Merchant's Association of the City of Roanoke. Virginia. 10.2 Landlord shall furnish hot and cold water for lavatory, drinking and office cleaning purposes. 10.3 Landlord shall furnish janitorial and cleaning services as provided in comparable office buildings :n the area. 10.4 Landlord shall provide adequate electr=city for lighting and for the operation of Tenant's business equipment 10.5 Landlord shall provide none parking space(s) for the use of the Tenant and his customers, employees and guests. 11. Landlord's Liability. Landlord shall not be responsible for any defect or change in the condition of premises, or of the Building. or for any resulting damage to person or property occurring in the Building or Premises. Landlord shall not be liable for loss to any property of Tenant as a result of theft or misplacement not attributable to the Landlord's negligence. Landlord shall not be liable for any death, injury, loss or damage to persons or property Occurring the Premises or in or near the Building not attributable to the negligence of the Landlord, its agents, employees or customers ~ Indemnification. Tenant agrees to indemnify Land against ~--,~ability, cost, expense, claims, or iud s arising fr~m~-344,~y to person, property, or bui~ or intentional act or o~sion of Ten~, its agents or ~ ~- Tenant force __ :j: 13. Fire. 13.1 If the Building is damaged by fire or any other a period of thirty (30) days, then the Tenant may give notice the Landlord of an election to termlnate this Lease, effect:ye as of the date of the notice. 13.2 If the Tenant declines to terminate this Lease under 4 Section 13.1 hereof, Landlord shall endeavor to restore the Building and Premises with reasonable dispatch. Landlord shall have no obligation to restore fixtures, improvements and other property installed or owned by Tenant. 13.3 If the Premises are rendered untenantable by fire or other casualty not due to the negligence or wrongdoing of Tenant, ~ts agents, employees, invites or licensees, Landlord shall allow an equitable reduction in the rental due from Tenant depending on the period of time during which the Premises are untenantabie. In no other event shall the rental h~reunder abate. 13.4 Landlord shall insure the Building of which the Premises are a part (and Tenant shall insure the Premises, its fixtures, and contents) against fire and other perils included in standard fire and extended coverage by policies which shall include a waiver by the insurer of all right of subrogation against either Landlord or Tenant in connection with any loss or damage thereby insured against. Neither party, not its agents, employees or representatives shall be liable to the other party for loss or damage caused by any risk that was or could have been covered by standard fire and extended coverage insurance. 14. Condemnation. 14.1 If all or part of the Building or the land comprising the site on which the Building is situated shall be taken or condemned (or sold under threat of such taking) by a competent authority for any public or quasi-public use or purpose, and if the taking of any part of the Building or land shall deprive Tenant permanently of its use of the entire Premises. then either Landlord or Tenant may, by notice to the other, terminate this Lease. 14.2 If any such taking or condemnation does not permanently deprive Tenant of its use of the entire Premises. then this Lease shall not terminate, except at the option of Landlord. 14.3 In the event of a termination pursuant to Section 14 hereof, this Lease shall terminate on the date when title vests pursuant to such taking or on the date when title permanently deprived of possession of the Premises. whichever first occurs Tenant shall have the right to establish as against the condemning authority the value of any fixtures and improvements owned by Tenant and moving expenses and other consequential damages but Tenant shal! have no right to participate in an? condemnation award to Landlord, and ail compensation awarded any taking of the fee and the leasehold shall belong to and be the property of Landlord. All rental hereunder shall be apportioned as of the date of such title vesting any rent paid advance beyond such date shall be refunded to the Tenant. 14.4 If this Lease shall continue after any such taklng Landlord shall promptly restore the remaining Premises to a tenantable condition and rent shall be equitably adjusted by Landlord as of the date on which title to the part of the Premises taken vests in the condemning authority. 15. Qefault. Upon the occurrence of any of the following events, there shall be an "Event of Default": (a) /'he commencement of any debtor relief proceeding whereby the rental hereunder is to be reduced or deferred. (b) Tenant's adjudication as insolvent or bankrupt in an involuntary proceeding, state o~ federal, or the appolntment of receiver or trustee for the Tenant or its property in such proceeding. (c) Tenant's assignment for the benefit of creditors or Its commencement of any action under any voluntary Insolvency or bankruptcy act. (d) Tenant's failure to effect the release of 3udgment lien docketed against Tenant's equipment and furnishings on or in the Premises within ten (10} days. (e) Tenant's failure to pay promptly when due without demand, any installment of the Annual Base Rent. (f) Tenant's failure to perform any of the other covenants or conditions herein contained. (g) Tenant's death, dissolution, termination of existence. the initiation of any proceeding to dissolve Tenant or Tenant's business failure, 16. Landlord's Remedies Upon an Event of Default. 16.1 If Tenant shall fail to pay the Annual Base Rent to Landlord promptly when due, without demand, time being of the essence, or if. as to any other event of Default set forth in Section 17 hereof. Tenant shall fail to commence curative efforts promptly upon notice from Landlord and thereafter prosecute its efforts with diligence to completion, within ten (10) days. then in addition to ali other remedies of Landlord at law or :n equity, Landlord shall have the right: (a) To enter the Premises to cure a nonmonetary default by Tenant and add the cost of such cure, with interest it the rate of ten (I0) percent per annum, to the amount of the next monthly installment of Annual Base Rent to be paid by Tenant hereunder Such curing shall not be deemed a waiver or release of any other or future default. (b) To cancel and terminate this Lease effective upon written notice to Tenant. Thereupon, Tenant shall quit and peaceably surrender the Premises to Landlord, but Tenant shall remain liable for all rentals then accrued, but unpaid. Upon such termination. Landlord may resume possession of Premises by any lawful means, with or without legal process, and remove Tenant and its effects and hold Premises as if this Lease has nc% been made. (c) To enter the Premises without terminating this Lease and prepare the Premises for reletting and occupy or relet the Premises or any part thereof as agent of Tenant or otherwise for a term or terms to expire prior to, at the same time as, or subsequent to the expiration of the Term of this Lease, at Landlord's option, and receive the rent therefore, applying the same first to the payment of such reasonable expenses as Landlord shall have incurred in resuming possession and relett:ng, including brokerage and reasonable attorney's fees. and then to the payment of damages in amounts equal to the total rental remaining due hereunder. Regardless of whether Landlord has relet the Premises. Tenant shall pay to Landlord damages equal tc the remaining installments of the Annual Base Rent payable hereunder and all other rental and sums hereln agreed to be paid by Tenant. ]ess the proceeds of the reletting, if any, as ascertained from time to time, and the same shall be payable by Tenant on the several rental payment dates specified herein for the remainder of the Term. No such reletting shall constitute a surrender and acceptance or be deemed evidence thereof. Tenant waives all rights of redemption to which Tenant or any person claiming under Tenant may be entitled by any law now or hereafter in force. 16.2 Failure of Landlord to reenter the Premises, or to exercise any of its rights hereunder upon any default, shall not be deemed a waiver of any subsequent default or defaults. All of Landlord's rights shall be cumulative and shall not preclude Landlord's exercising any other rights or remedies at law or ~n equity. 16.3 Tenant covenants and agrees to pay Landlord. as an additional rental, an amount equal to Landlord's cost and expense, including a reasonable attorney's fee, Incurred by Landlord on account of any Event ,Df Default hereunder. 17. No Waiver. No failure of Landlord to =nsist upon strict observance of any provision of this Lease and no custom or practice of the parties at variance with the terms hereof shall be deemed a waiver of any provision of this Lease in any instance. NO payment by Tenant or receipt by Landlord of an amount less than the amount of rental and other sums claimed due from Tenant from time to time shall be deemed to be other than a partial payment on account, and no endorsement or statement on any check or letter accompanying a check for payment of any rental due hereunder shall be deemed an accord and satisfaction, and Landlord may accept any such check or payment in any amount without prejudice to Landlord's right to recover the balance of rental claimed by it due from Tenant or to pursue any other remedy provided in or contemplate by this Lease. 18. Subordinatign. This Lease is subject and subordinate to all ground or underlying leases and to all mortgages or deeds of trust which may now or hereafter affect such leases, the Building, or site composes of the land on which the Building is situated, and to all renewal, modifications, replacements and extensions thereof. The foregoing provisions shall be self- operative and not further instrument of subordination shall be required by any mortgagee or other interested party~ provided however, that in confirmation of such subordination Tenant shall, upon request from Landlord, execute and deliver, in-recordable form an instrument of subordination. Tenant agrees in the event any proceedings are brought for the foreclosure of or in the event of the exercise of the power of sale under any deed of trust or mortgage made by Landlord covering the Building, to recognize and attorn to the purchaser at foreclosure as Landlord under this Lease, and Tenant hereby waives the provisions of any law or statute, now or hereafter enacted that give or purport to give Tenant the right to treat this Lease as terminated or modified. Any such mortgage or deed or trust may, at any time, at the request of the holder of the note secured thereby, be subordinated to this Lease. and to that end Tenant, at Landlord's request, shall execute, acknowledge and deliver such instruments as ars in the judgment of such holder required. 19. Estoppel Certificate. Tenant agrees that at any time and from time to time by reasonable intervals, with ten (10) days after written request by Landlord, Tenant will execute, acknowledge and deliver to Landlord or to such assignee or mortgagee as may be designated by Landlord a certificate stating (a) that the Lease is unmodified and in force and effect (or if there have been modifications, that the Lease is in force and effect as modified, and identifying the modification agreements, or if the Lease is not in force and effect, the certificate shall so state); (b) the date to which rental has been paid under the Lease; (c) whether there is any existing default by Tenant in the payment of any rent or other sum of money under the Lease. and whether or not there is any other existing default by either party under the Lease with respect to which a notice of default has bean served, and if there is any such default, specifying the nature and extent thereof; (d) whether there are any set-offs, defenses or counterclaims under"the Lease; and (e) all other reasonable information respecting the Lease so requested by Landlord. 20. Notices. Any notice by either party to thc other shall be in writing and shall be deemed to be duly g~ven only if delivered personally or mailed by registered or certified mail, properly addressed with sufficient postage paid (a) if to Tenan%, at the Building. and (b) if to Landlord, at Landlord's address first above set forth, or at such other addresses as Tenant or Landlord, respectively, may designate in writing. Notice shall be deemed to have been duly given, if delivered personally, upon del/very, and if mailed, upon the third day after thg mailing hereof. 21. Landlord's Right to Inspect and Repa:r. Landlord and its agents, officers, employees, or licensees may enter the Premises at any reasonable time for inspection or for making repairs, replacements and additions in, to, on or about the Premises or the Building. 22. Landlord's Right to Show~ During business hours Landlord may show the Premises to prospective purchasers, tenants, and mortgagees during the Term of this Lease. 23. Assignment and Subleasing; Successors and Assigns. 23.i Tenant agrees that it w~ll not transfer or assign this Lease, or lease or sublease the whole or any part of the pr®misss, without the written consent of the Landlord. Consent by Landlord to any assignment or sublease shall not be unreasonably withheld, but no such assignment or sublease shall release Tenant from liability hereunder. Consent by Landlord to any assignment or sublease shall not constitute a waiver of the necessity of such consent to any subsequent assignment or subletting. 23.2 This Lease and all the terms, covenants, conditions and provisions herein contained shall be binding upon and shall inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns (if assigned in accordance with the terms herein set out above). 24. ~ Subject to the performance by Tenant of this Lease and subject to the terms and conditions elsewhere herein contained, Landlord covenants that Tenant. upon performing all its Obligations hereunder, shall have quiet and peaceable possession of Premises during the Term hereof. 2~. Signs. Landlord agrees that Tenant shall have the right to appropriately display its occupancy of the Building by lettering its name at its entrance door. Such lettering shall conform to Landlord's requirements and the expense of such lettering shall be borne by the Tenant. 26. Entire Agreement; Modification. This Lease contains the entire agreement between Landlord and Tenant relating to the Premises and supersedes all prior negotiations, understandings and agreements, written or oral, between the parties, except that a prior or contemporaneous work-letter respecting the Premises and any other agreement that specifically refers to this Lease shall have full force and effect. This Lease shall not be amended or modified except by a written instrument executed by both parties. 27. No Representations. Neither party has made any representations or promises except as contained herein or in some future writing signed by the party making such representation or promise. 28. NO Partnership. Landlord shall not in any way for any purpose become or be deemed to be, a partner of Tenant in the conduct of its business. 29, Rights Cumulative. All rights, powers anJ privilege~ conferred hereunder upon the part:es hereto shall be cumulative. but not restricted to those given by law. 30, Title and Paragraph Headings. The titles and paragraph headings used herein for convenience only and are not substantive in any way. 31. ~eDarability Clause. Should any provisions of this Lease be or become void or unenforceable, the remaining provisions hereof shall remain in full force and effect to the extent that the surviving provisions do not work a gross inequity on either of the parties. 32. When Bindin=, This Lease shall become binding upon its execution by the parties, 33, AuDliceble Law, This Lease is to be governed and construed in all respects and enforced according to the laws of the Corr~onwealth of Virginia. 34. No Ootion. The submission of this Lease for examination does not constitute a reservation of or option for the Premises. end this Lease becomes effective only upon execution end delivery thereof by Landlord, 35. Gender end Number. Feminine or masculine pronouns shall be substituted for those of the masculine form, and the plural shell be substituted for those of the singular number, any place or places herein in which the context may require such substitution, ~.%~.R. enewal. This Lease shall terminate at the end of Term spe%~f.~d herein, provided, however, if neither the~ord or Ten.apt not...~/'~?~_the other at least thirty (30)~-r='--"~rlor to for a period of one yea%~f~ the end o~ terms, and so on from year to year unless Lan~b~L~r.-~nant notifies the other at least t~t/on of eech yearly' term, All conditions a~venants of~t-h.~Lease shall'cont%nue for eeC~on of~f~nnual Base Rent, which shel~termined by the Landlord and base~on the ~ Brokere=e, Tenant shall indemnify and hold J~ harmless fr .~6~a~k~.ageinst all loss, CO~blllty from claims made by al es or broker other tha~ ~ ~onnection with the Tenan or,~g~ion and executlon~--D~e Lease or in any _~ to Or arising from this Lease. ~ waY__Landi 9~ecur i tv Deposit. (a) T~t shall pay to Landlord the sum of $ performance by TenetS. of ali the terms, covenants a~-'~onditions by Tena.~.t t.o be_ perfor~e~ hereunder. The Secur/~>¥"beposit shall be payable by Tenant on o~-~efore the first_d~of the term hereof.,. ..... ~ ' - terms ~~ ludin~ the payment of rent or any o~4~r sums payable~Tensnt to Landlord hereunder~scre~io~6~-~, in addition to any other rico Landlord,~ropriate and apply es m~ as may be de~me-~necessary to compeers Landlord for all loss or damage sustained~ surf 9 ~ ~enever any part of the Security Deposit ls ~,~ appropri~d and applied by Landlord. Tenant shall pr~ly pay to Landlord'-%~le s~s necessary to replenish the S~lty D~poeit t° thT.f,~, am~t f°rth in paragraph~ve. (d) Upon any t~m4~sfer of the La~rd's ~nterest in this WI~ESS the following s~gnatures and seals. ~ LANDLORD: CRYSTAL TOWER BUILDING CORP Land] TENANT: By: Marisay H. Piersall Title: Director of Properties CITY OF ROANOKE By: Title: 10 bIARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Vh'g4nia 24011 Telephone: (703)981.2541 February 5, 1992 SANDRA H. EAKIN Deputy City Clerk File #137-467-212-305 The Honorable CHfton A. Woodrum, III Member, House of Delegates 810 General Assembly Building 910 Capitol Street Richmond, Virginia 23219 Dear Delegate Woodrum: I am enclosing a certified copy of Resolution No. 30866-020392 requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. Resolution No. 30866-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, ~(~L~.(~__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOI I OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703)981-2541 February 5, 1992 SANDI~- H. EAKIN Deput~ Cit7 Clerk File #137-467-212-305 The Honorable J. Brandon Bell Member, Senate of Virginia 382 General Assembly Building 910 Capitol Street Richmond, Virginia 23219 Dear Senator Bell: I am enclosing a certified copy of Resolution No. 30866-020392 requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. Resolution No. 30866-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, ~dk.~.~__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MA~Y F. PARKER CiW Clerk CITY OF ROANOKI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 February 5, 1992 SAI~DRA H. EAKIN Deputy Cit~ Clerk File #137-467-212-305 The Honorable A. Victor Thomas Member, House of Delegates 814 General Assembly Building 910 Capitol Street Richmond, Virginia 23219 Dear Delegate Thomas: I am enclosing a certified copy of Resolution No. 30866-020392 requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. Resolution No. 30866-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. 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 February 5, 1992 SANDRA II. F. AKIN Depu~7 Civ/Clerk File #137-467-212-305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30866-020392 requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. Resolution No. 30866-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Arthur B. Crush, Clerk of Circuit Court Mr. W. Robert Herbert February 5, 1992 Page 2 pc; The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Ronald Albright, Clerk, General District Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Chief of Police 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 February 5, 1992 SANDRA H. EAKIN Deputy City Clerk File #137-467-212-305 Mr. Finn D. Pincus, Chair Roanoke City School Board 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: I am enclosing copy of Resolution No. 30866-020392 requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. Resolution No. 30866-020392 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. On further motion, duly seconded and unanimously adopted, the matter of possession of firearms on school property was referred to the Roanoke City School Board for report and recommendation to Council. Sincerely, ~SL,~L~-~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd Day of February, 1992. No. 30866-020392. A RESOLUTION requesting the General Assembly to increase the criminal penalties for selling or giving a pistol to a minor and for possession of any firearm on school property. WHEREAS, numerous crimes involving juveniles and firearms have recently been reported in the Roanoke Valley and in Southwest Virginia; WHEREAS, easy access of juveniles to firearms has also resulted in accidental and suicidal deaths; WHEREAS, juvenile involvement with firearms appears to be increasing in Virginia and nationally; WHEREAS, this societal problem of Juvenile involvement with firearms does not stop at the boundaries of our public schools, and this City Council is concerned with recent reports of firearms on public school property; and WHEREAS, the General Assembly has prohibited the local governments of the Commonwealth from regulating the sale and possession of firearms; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council implores the General Assembly to adopt legislation such as House Bill 1039, amending S18.2-309, Code of Virginia (1950), as amended, increasing the penalty for selling or giving a pistol to a minor. City Council further urges the General Assembly to make such offense a felony and to extend the crime to sale of any firearm, not just a pistol, to a minor. 2. City Council further urges the General Assembly to adopt legislation, such as House Bill 468, increasing the penalty for possession of a firearm on school property from a Class 1 misdemeanor to a Class 6 felony. 3. The City Clerk is directed to forward an attested copy of this resolution to The Honorable J. Brandon Bell, II, Member, Senate of Virginia; The Honorable A. Victor Thomas, Member, House of Delegates; and The House of Delegates. Honorable Clifton A. Woodrum, III, Member, ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITYA'IWORNEY 464 MUNICIPAL BUILDING ROANOI~E, VIRGINIA 24011-15~5 WILEURNC. DIRLING, JR. February 3, 1992 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Juvenile involvement with firearms Dear Mrs. Bowles and Gentlemen: Vice-Mayor Musser has requested that I conduct an immediate review of the issue of juvenile involvement with firearms which appears to be increasing in Virginia and nationally. In this regard, I will report to City Council as quickly as possible as to the authority of City Council to regulate firearm sale and possession and, in particular, sale and possession by juveniles. I am transmitting with this report a resolution supporting certain helpful legislation introduced at the 1992 Session of the General Assembly. House Bill 1039, introduced by Delegate Cunningham and others, increases the penalty for selling or giving a pistol to a minor from a Class 4 misdemeanor to a Class 1 misdemeanor. I recommend that City Council support this bill although I further recommend that the bill should be strengthened by providing for a felony penalty. Furthermore, the bill should be broadened to prohibit the sale of any firearm, not just a pistol, to a minor. House Bill 468, introduced by Delegate Forehand, increases the penalty for possession of a firearm on school property from a Class 1 misdemeanor to a Class 6 felony. I recommend that City Council support this legislation. By adoption of the attached resolution, which I recommend, City Council can go on record as supporting House Bill 475 and House Bill 468. I look forward to reporting to City Council with respect to the broader issue of firearm regulations as quickly as possible. With kindest personal regards, I am Sincerely ye Wilburn C. bling, Jr. City Attorney The Honorable Mayor and Members of City Council February 3, 1992 Page 2 WCD:f Attachment cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk 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 February 7, 1992 SANDRA H. F. AKIN Deputy City Clerk File #9-66-79 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mr. Jim Hopkins, General Manager, Piedmont Aviation Services, Inc., requesting that Council reduce aircraft personal property tax to $. 50 per $100.00 of assessed value, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, February 3, 1992. On motion, duly seconded and unenlmously adopted, the method of taxing airplanes based at the Roanoke Regional Airport was referred to you for study, report and recommendation to Council. As a part of your study, you were requested to obtain input from the Roanoke Regional Airport Commission as to how the new method of taxation will affect economic activity at the airport. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Jim Hopkins, General Manager, Piedmont Aviation Services, Inc., Roanoke Regional Airport, 22 Waypoint Drive, N. W., Roanoke, Virginia 24012 The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. W. Robert Herbert, Chairperson, Roanoke Regional Airport Commission Ms. Catherine S. Pendleton, Secretary, Roanoke Regional Airport Commission Misc., 2/3/92 - Council January 29, 1992 The Honorable Mayor Taylor and Members of the Roanoke City Council Room 456 ~unicipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Mrs. Bowles and Gentlemen: The recent recession has made a direct impact on the aircraft industry. You can imagine my concern when I was advised last December that a change in the assessment of aircraft in 1992 would increase the owner's taxes as much as 400%. Under the old method aircraft were assessed based on the cost of the aircraft at 60% the first year, 50% the second year, 40% the third year, 30% the fourth year, and 20% every year after. The rate was $3.45 per hundred dollars. Under the new assessment process aircraft will still be taxed at the same rate, however, assessments will be based on the low wholesale value. The fact that aircraft hold their value very well means that the owners' tax burden will increase tremendously. As an example, an aircraft that was purchased ten years ago for $116,000 would be taxed $800 under the old plan. Under the new plan the same aircraft that would now have a low wholesale value of $95,000 would be taxed $3,278. This is an increase of over 400%. And this example is for only small aircraft. Imagine the increase for multi- million dollar aircraft. Because of this new assessment, one aircraft owner has already moved to Blacksburg. This owner purchased a large amount of fuel, rented hangar space and had his maintenance performed in Roanoke. Seeing the negative effects of such a tax in October of 1991, Loudon County reduced their rate to .01 cent per hundred and have already seen increased aviation business. Roanoke Regional Airport · 22 Waypoint Drive NW · Roanoke, VA 24012 Page Two The Honorable Mayor Taylor and Members of the Roanoke City Council Please also consider the fact that less air traffic means less operations to air traffic control and jeopardizes our Radar Service Area, an important factor to air passenger service at the Roanoke Regional Airport. Realizing that you can do nothing about the method of assessment, I request that you reduce the aircraft personal property tax to .50 cents per hundred. This would not only keep the tax at the normal cost but would also provide incentive to new aircraft owners to base in Roanoke. Thank you for your consideration in this matter. Sincerely, PIEDMONT AVIATION SERVICES, J~/ Hopkins G~neral Manager INC. PERSONAL PROPERTY TA~R~ ROANOKE - Assessed at 60% the first year, 50% the second year, 40% the third year, 30% the fourth year, and 20% every year after of the cost of the aircraft. The charge is $3.45 per hundred dollars. ex. $100,000 x 60% = $60,000 x .0345 = $2,070.00 12-17-91 A/C will be taxed at low wholesale value for all A/C. Privately held A/C. ex. $100,000 x .0345 = $3,450 Mr. Jerome Howard 981-2524 WINSTON-SALEM - 919-727-2655 dollars based on blue book value. ex. $100,000 x .0106 = $1,060.00 $1.06 per hundred LYNCHBURG - 804-847-1305 - Assessed at 100% the first year, 71% the second year, 43% the third year, and 28% every year after of the cost of the aircraft. The charge is $3.00 per hundred dollars, ex. $100,000 x .03 = $3000.00 12-17-91 90% - 1st year, 64% 2nd yr, 39% - 3rd year, 25% there after @ 3.30 per $100. RICHMOND - 804-672-4263 - Assessed at 75% of the original cost the first year, 60% the second year, 50% the third year, 40% the fourth year, 30% the fifth year, 20% for every year after. The charge is $2.40 per hundred dollars. ex. $100,000 x 75% = $75,000 x .035 = $2,625.00 BLACKSBURG - 382-5710 - Assessed on a declining scale starting at 90% down to 10%. The charge is $2.25 per hundred dollars, ex. - 1978 aircraft - $100,000 x 10% = $10,000 x .0225 = $225.00 1-1-92 80% of the cost the 1st year, down to 30% over six years. Rate is raised to $2.30 per hundred. MARTINSVILLE - 638-5311 - Assessed at 10% of the original cost of the aircraft. The charge is 6.99 per hundred, ex. $100,000 x 10% = $10,000 x .0699 = $699.90 GREENSBORO - 919-373-3362 - The charge is .7295 per hundred dollars of the base average marketable value of the aircraft, ex. $100,000/100 = $1,000 x .7295 = $729.50 LEWISBURG - 304-647-6615 Clyde Bolling Rate is $1.9566 per $100. Blue book at 60%. LOUDON COUNTY - .01 per $100 GENERAL AVIATION ASSOCIATION OF ROANOKE SOME RECOMMENDATIONS FOR THE OPERATION AND DEVELOPMENT OP ROANOKE REGIONAL AIRPORT January 19~2 The General Aviation Association Of RoanokeZ and Chapter 646 of the Experimental Aircraft Association~ as well as other user groups have been critical of the steps the "new" airport administration has been taking in order to develop the general aviation portion of the airport. While we believe that the Airport Commission acts in what it perceives is in the best interest of its constituents~ we also believe that the Commission is ill informed and poorly led on many airport matters. We also voice our concern that a number of airport tenants may loose their facilities under the bidding procedures that have yet to be announced..We are of the opinion that any one who wishes to do business on the airport should be allowed to do so as long as present businesses and tenants are not displaced and the appropriate Federal licences are obtained. The Commission should not establish artificial barriers which effectively bar certain kinds of small businesses no matter how qualified they are, as it does In order to develop Roanoke Regional Airport to its fullest~ we are of the opinion that the following steps should be taken. 1. The Airport Commission should establish and utilize two committees to provide knowledgable input to the Commission on aviation matters. These would be the; A. The Airline and Terminal Operation Committee and B. The General General Aviation Advisory Committee ( already established, but not used ) Both bodies would consist of unpaid valley citizens with known expertise on aviation and related business matters. Their function would be to give the Commission advice and counsel so it does not operate in isolation. 2. Establish an annual budget for airport operations and capital expenditures consistent with anticipated revenue. The budget and revenue figures should be made freely available to the public as an ongoing part of Commission meetings. In spite of what the Commission and its r~presentatives say~ the lemdership of these orgmnizatiens has the distinct impression that their efforts mre an irritant 'to th~ Sommission which would prefer not to be bothered and wants them to go away. This will mot occur. Lastly and most importantly, we need a Commission that truely has an interest in the airport, the whole commt~nity and one that is willing to enter into a dialog ~ith its users. A 30 minute predigested meeting once a month is simply not adequate. The airport exists in order to service the community. Therefore. it should provide service to the user groups of the community. This should b~ done willingly on the part of the airport Commission ~his has not always occurred in the past, but it is some- thing to work for in the future. As membsrs of the community we demand it. 0~-~ '.-..~h,-'~lf of the General Aviation Associati~,n Of Roanoke, on Association Of Roanoke '~ic~ Shairmana General Aviation Advisory ~ommlttee, ~'ast ?r~sident, Experimental Aircraft Association ( Bl'_!e Ridg_~ ) Chapter 646 RRA ~ ~P Membership; ~9 ~ ?AA ~hapt~r 646 Membership; 36 ,irport Commission W. Robert Herbert, Chairman Bob L Johnson, Vice Chairman Joel', I. Schlanger Richard W. Robers Kit B. Kiser Jacqueline L Shuck, Executive Director 5202 Aviation Dr~e Roanoke, Virginia 24012 (703) 362-1999 FAX(703) 563-4838 TO: FROM: January 15, 1992 Honorable Chairman and Members Roanoke R~,~:/~Jffdrport Commission Jacquehne~ Executive Director ~" SUBJECT: Projects In G.A. Area - 1991 At the Commission's December 1991 meeting, a discussion took place concerning what the Commission had done for general aviation in 1991. I have included in the following list those costs and expenses which are not in the nature of everyday maintenance. I have not included ongoing routine maintenance and operations such as grass mowing, trash pick up and disposal, security patrols, ARFF response, utility systems maintenance, glass and bulb replacement, etc. 1. Repair Roof and Install Water Heater Building #2 $ 1,590.00 2. Replace Roof Building #2 7,600.00 3. Replace Door Beam - One Hangar of Building #11 1,295.00 Paint Building ~7 1,976.00 Paint Building. #18 1,976.00 Paint Building #19 and Repair Tenant Modifications 3,496.00 Paint Building #20 1,976.00 Insta/l Additional Paved Tie-Downs 7,004.00 Install New Gate Mechanism and Computerized Access at Gates #30 and #31 Install New Gate and Mechanism Near Building #1 (Part GA related, but most non-GA users) 5,150.00 Consultant's Services for General Site Layout, Setting Grades, Utilities Locations, Building Layouts and Requirements, etc. 4. 5. '7 Z~o 6. .5~7~ ~ 7. 8. 9. 10. 11. 10,867.00 9.22.068.00 Total $64,998.00 Total revenue from general avia:ion f:tcii!t. ~ and operations during 1991 was approximately $99,724.00. - MEMORANDUM COUNTY OF LOUDOUN DATE: October 4, 1991 TO= Roy Spicer FROM= Patsye Matthews, Supervisors Deputy Clerk to the Board of Minutes concerning the &iroraft Tax Enclosed you will find two copies of 1983 and 1984 Minutes of the Board of Supervisors of Loudoun County on the subject of Aircraft Tax, which you requested. Thank you for your interest. Please call me at (703) 771-5072 if you need any additional information. MINUTES NOVE~ER 7, 1983 PAGE 28 IN PdE: RESTORATION OF ALDIE MILL On October 20th the Virginia Outdoor's Foundation announced its plans for the restoration of Aldie Mill. It is estimated that the entire project could take as long as three years at a cost of nearly $1 million. Funds for the project are to be raised through private sources. IN RE: ROUTE 28 TASK FORCE STEERING COMMITTEE UPDATE Ms. Betty Tatum reported that the Route 28 Task Force Steering Co~ittee had a very successful meeting on October 20th. Sub-committees were established to pursue obtaining private funding for planning design and service road concepts. The next meeting is scheduled tentatively for December 13. IN RE: AIRCRAFT TAX/CONSTITUTIONAL AMENDMENT Mr. Bolen said the Commissioner of the Revenue and the Treasurer have asked the County to explore the possibility of getting State enabling law that would allow the County to remove the tax entirely thus eliminating the administrative costs of assessing and billing the nominal tax on aircraft. This item is on the agenda to report that a Constitutional amendment would be required to effect this change. IN RE: REPORT ON IDB & SALE LEASEBACK FEDEP~%L LEGISI~ATION Ms. Memory Porter, Legislative Liaison, said the reason this legislation has been brought to the Board's attention is that the House of Representatives will be acting shortly on an o~unibus Tax Reform Act which has incorporated at least eleven separate tax measures. Companion m~asures are being considered in the U.S. Senate. Two of these measures are of particular interest to Loudoun County. One deals with the sale/leaseback arrangements of tax-exempt entities (Valley Bank Building) and another would place a severe restriction on the use of industrial development bonds. Ms. Porter suggested Loudoun County try to make contact with Senator Warner's office and explain our position on the Old Valley Bank Building. IN RE: C~LE COMMUNICATIONS CORPORATION/STATUS REPORT The Board received a status report on the construction progress to datc from Ken Cha~berlain, General Manager of Cable Co~unications Corporation. IN RE: MINUTES Mr. Brownell moved approval of the minutes of the October 3, October 6, and October 17 meetings. This motion passed 6-0-2, Supervisors Raflo and Henrickson absent. IN ~: ADMINISTRATOR'S REPORT Mr. Raflo made reference to the increase of $11,183.34 in the contract with Kaufman and Associates. This was needed to include design services for the Department of Economic Development's Tourism division. Mr. Raflo said this amount is far in excess of what is needed. Mr. Raflo moved to pull this item out of the Administrator's Report for special consideration. This motion passed 6-0-2, Supervisors Henrickson and Sample absent. MINUTES JUNE 4, 1984 PAGE 2 officially recorded in the minutes of the Board of Supervisors' meeting to commemorate this historic occasion in appreciation for a job well done. Mrs. Tatum's motion passed 8-0. IN RE: BOARD COMMENTS Mr. Dodson commended the Middleburg Lions Club for their continuing support of Mercer Park, and requested that a Resolution of Appre- ciation be prepared for the Lions Club in recognition of their past contributions to Mercer Park and recent contribution of $1,500 towards building the Fitness Trail, for which the County also received a grant from the Virginia Department of Outdoor Recreation. Mr. Dodson also commented on the hazardous traffic situation at Gilbert's Corner, and asked that the representative of the Highway Department who will be present at the June 18, 1984 Board meeting specifically address the problem with regard to the following points: 1. To explain the reasoning behind the current traffic signal operation, which appears to operate inconsistently; 2. To take short term steps to help correct the dangerous situation; To bring the Board up to date on the Highway Department's schedule on the overall improvement of the intersection, which the Board understands has been funded and is to be constructed in the very near future. Mr. Bird commented on the achievement of the Park View High School "Patriots" in winning ~he State AA Baseball Championship, and asked that a Proclamation be considered during the Amendments portion of the meeting. Mrs. Tatum expressed her concern over the status of Rt. 28, and stated that the Board must again stress the need for improvement to this roadway. In view of the fact that the Ninth District Engineer will be present at the June 18, 1984 Board meeting, Mrs. Tatum requested that this matter be placed on the agenda of that meeting. The Rt. 28 Task Force and the Blue Ribbon Committee should be invited to the meeting, and the Board should review all the options open to it in order to stress to Richmond the very critical need for attention to the problem. Additionally, the full Board should con- sider going to Richmond, taking members of the Blue Ribbon Committee, the Rt. 28 Task Force, and our Legislative Delegation, to meet with Governor Robb on this matter. IN RE: APPROPRIATIONS P~ESOLUTION/FY 1984-85/SETTING THE TAX RATE Mrs. Kavanagh moved approval of FY 1984/85 property tax rates as found on Table A and approval of budget adjustment #4240 establishing County appropriations for FY 1984/85. (BA 4240 and Table A are in- cluded at the end of these Minutes). Mr. Bird stated that Board members have made their positions on this budget clear during budget workshops and other meetings, and that he will vote against the budget for reasons previously stated. Mrs. Kavanagh said that she also had misgivings and concerns about certain items in the budget and items which were not included in the budget, but in her view this is the best compromise which can be achieved with regard to the needs of the County. Mr. Lambert stated that he was disappointed in the budget process, MINUTES JUNE 4, 1984 PAGE 3 and will vote against the budget because he feels it is higher than necessary. Mr. Stockman stated that he also will vote against the budget, pri- marily because approximately $5,000,000 in carryover revenue is being used for current accounts with no assurances that these funds will be available for next year. Mrs. Tatum commented that she viewed the budget process and setting the new tax rate as a very serious matter, and that the budget work- shops had provided ample opportunity for Board members to ask ques- tions. Mrs. Tatum recommended that next year it be clearly indi- cated that some departments have presented their budgets to the County Administrator; also, that the budget process could be started earlier and the public hearing on the budget be held ear- lier in the process. Mrs. Kavanagh's motion then passed 5-3, Mr. Dodson, Mrs. Tatum, Mrs. Kavanagh, Mr. Raflo, and Mr. BrOwnell voting Yes; Mr. Bird, Mr. Stockman, and Mr. Lambert voting No. Mr. Brownell commented that the budget process had been a democratic one, and had demonstrated that no one person or philosophy dominates this Board. He is satisfied that this is a responsible and reason- able budget with adequate financial povisions to carry the County through the year and to project a fiscally responsible government which will be of great help in obtaining a favorable interest rate when the County has to go into the bond market. IN RE: FY 1984-85 YOUTH DEVELOPMENT PLAN Mr. B~en advised the Board that Rodney Follin, Youth Services Coordi- nator, and Jerry Pelkey, Chairman of the Youth Advisory Commission, were in attendance to discuss the Youth Development Plan for 1984-85. Mr. Pelkey commented on the membership of the Commission and des- cribed the process of putting this plan together. Mrs. Tatum moved approval of the Youth Development Plan as submitted by the Advisory Com~ission on Youth and Office of Youth Services, summarized as follows: Coordinate the delivery of services to youth and families by public and private youth serving agencies through the sponsorship of the Youth Services Interagency Committee. Conduct a program of public education designed to provide information to adults and, particularly, youth regarding youth needs and concerns and locally available services. Make technical assistance (i.e. information sharing, fund- raising, grant development, evaluation and research design, and data provision) available to private sector non-profit family and youth serving agencies in Loudoun County in order to maintain these agencies as viable family service pro- viders and effective youth advocates. Provide positive one-to-one relationships between troubled youth and adult and older youth volunteers through the Big Friends Program. 5.a. Provide summer employment opportunities for youth through the completion of the 1984 Sum~er Job Match Program. 5.b.Provide summer employment opportunities for youth through 1984 Property Tax Rates June 4, 1984 Real Taxable Propert~ Real Taxable Property ................... $1.10/hundred Public utility Real Taxable Property acquired after 1966 and assessed . . $1.10/hundred at 100% ....................... Public utility Real Taxable Property acquired prior to 1966 and assessed at 40% and subject to taxation under Section 58-514.2 of the Code of Virginia as amended ................... $2.45/hundreU Personal Taxable Property Public utility Personal Taxable · $4.75/hundred Property ................... . $4.75/hundred Personal Taxable Property ................ Mobile Homes used ~s Residences ' ' ' . $O.01/hundred Aircraft .......... : : ' : :- : : , : : : :$1.10/hundred Tangible Personal Property used or employed in a research and development business; Machinery and Tools as defined in Section 58-412 of the Code of Virginia, as amended ........... $2.75/hundred Other Taxable Property Farm Machinery and Livestock ............... $O.01/hundred Table A