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HomeMy WebLinkAboutCouncil Actions 06-15-92(31048) REGULAR WEEI~Y SESSION ROANOKE CITY COUNCIL June 15, 1992 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. Mayor Taylor was absent. The Invocation was delivered by Vice-Mayor Howard E. Musser. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor Howard E. Musser. Adopted Resolution No. 31048-061592 reco~onizing thc outstanding achievements of Sandra W. Ryals, Nurse Manager, Roanoke City Health Dep~huent, who was honored as Virginia's Public Health Nurse of thc Year. (6-O) Pre~ntation by the Greater Raleigh Court Civic League. Mr. Robert N. Turcotte, Spokesperson. At this point, 2:30 p.m., Council Member Fitzpatrick left the meeting. C-1 C-2 C-3 BID OPENINGS A. Bids for the Roanoke City Jail infill, second floor. Ten bids we~ ref~fed to a gommil~ee composed of Messrs. William Vfnite, Sr., Chairperson, William F. Clark, Kit B. Kiser and W. Alvin Hudson for tabulation, report and recommeodarion to Council. CONSENT AGENDA (APPROVF. D 5-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROLrrINE BY THE VICE-MAYOR AND MFMBERS OF CITY COUNCIL AND WIIJ. BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WII.L BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRF~D, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERF. D SEPARATF. LY. A communication from Mr. Delvis O. "Mac" McCadden, Council Member-Elect, tendering his resignation as a member of the Roanoke Public Library Board and the Roanoke Civic Center Commission. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. A communication from The Reverend C. Nelson Harris tendering his resignation as a member of the Special Events Committee. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. Qualification of Ms. Corinne B. Gott and Ms. Mollie C. Deberry as members of the Youth Services Citizen Board for temps ending May 31, 1995. RECOMMENDED ACTION: Receive and file. 2 REGULAR AGENDA HEARING OF ClTIT~.NS UPON PUBLIC MATI'ERS: Request to address Council with regard to objectives and accomplishments of the Roanoke City School Board for 1991-92. Mr. Finn D. Pincus, Chairperson. Deferred indefinitely. 4. PETITIONS AND COMMUNICATIONS: ao A communication from Mr. W. Robert Herbert, Chairperson, Roanoke Regional Airport Commission, requesting formal approval of the Commission's fiscal year 1992-93 Budget and Proposed Capital Expenditures. Adopted Resolution No. 31049-061592. (5-0) REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: 1. A report with regard to the curfew law. Referred to the City Attorney for preparation of the proper ao 2. A report with regard to refuse collection. Received and filed. ITEMS RECOMMENDED FOR ACTION: 3 o o o A report recommending appropriation of $61,250.00 for current year operating costs for the Roanoke Civic Center, and transfer of $12,844.00 to cover the cost of fire damage repairs in the Civic Center Auditorium. Adopted Budget Ordinance No. 31050-061592. (5-0) A report recommending adoption of proposed revenue enhancement and operating efficiency measures for the Police Department. Deferred until the next regular meeting of Council on Monday, June 22, 1992. A report with regard to modification of provisions of the 1991 Rental Rehabilitation Program. Adopted Resolulion No. 31051-061592. (5-0) A report recommending concurrence in recommendations submitted by the City Manager's Follow-Up Task Force on Homelessness for allocation of $41,000.00 in Emergency Shelter Resource Funds, and authorization to execute sub-grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc., and Total Action Against Poverty. Adopted Resolution No. 31052-061592. (5-0) A report recommending approval and implementation of a Paid Leave and Extended Illness Policy for all City employees hired on and after July 1, 1992. Adopted Ordinance No. 31053-061592. (5-0) A report recommending approval of an amendment to the Roanoke Valley Resource Authority Members Use Agreement. Adopted Ordinance No. 31054--061592. (5-0) 4 A report recommending execution of an amendment to the contract with Dewberry and Davis, in the amount of $1,194,650.00, for Phase II Environmental Site Assessment, in connection with the Roanoke River Flood Reduction Project. Adopted Budget Ordinance No. 31055-061592 and Resolution No. 31056-061592. (5-0) b. DIRECTOR OF FINANCE: 1. A report recommending closeout of certain accounts in connection with completed Capital Projects. Adopted Budget Ordinance No. 31057-061592. (5-0) A report recommending transfer of funds between various departments to provide sufficient funds for internal services for the remainder of the fiscal year. Adopted Budget Ordinance No. 31058-061592. (5-0) 6. REPORTS OF COMMITrEEs: A report of the Citizens' Services Committee submitting recommendations for funding of qualified agencies for fiscal year 1992-93; recommending negotiation of a contract with The Salvation Army for provision of services to citizens under the Homeless Housing Program and/or Abused Women's Shelter; and transfer of $279,685.00 therefor. Mr. James D. Ritchie, Chairperson. Adopted Budget Ordinance No. 31059--061592 and Resolution No. 31O60-O61592. (5-0) 7. UNFINISI- D BUSINESS: None. ge INTRODUCTION AND CONSIDERATION ORDINANCES AND RFSOLUTIONS: OF ao Ordinance No. 31037, on second reading, rezoning a tract of land containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N. W., at the intersection of Williamson Road, Whitney Avenue and Woodbury Street, identified as Official Tax Nos. 2190707 and 2190708, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31037-061592. (5-0) Ordinance No. 31038, on second reading, amending subsections (d) and (e) of §36.1-642, Review ~, of Chapter 36.1, Zoning. Code of the City of Roanoke (1979), as amended; and adding new §36.1-724, Penal _t3' for wrongful demolition of historic buildings, to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended; such amended section relating to the review procedure of a decision by the Architectural Review Board and the length of time a certificate of appropriateness is valid; and the new section providing a penalty for wrongful demolition of historic buildings. Adopted Ordinance No. 31038-061592. (5-0) 9. MOTIONS AND MISCi~.I.I.ANEOUS BUSINESS: Inquiries and/or comments by the Vice-Mayor and Members of City Council. Adopted Budget Ordinance No. 31061-061592 and Ordinance No. 31062-061592. (5-0) Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER I-IF. ARINGS OF CITIZFt. NS: 6 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June. 1992. No. 31048-061592. VIRGINIA, A RESOLUTION recognizing the outstanding achievements of Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, who has been honored as Virginia's Public Health Nurse of the Year. WHEREAS, Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, has been honored as Virginia's Public Health Nurse of the Year, an award presented to Ms. Ryals by Governor L. Douglas Wilder on May 7, 1992; WHEREAS, Ms. Ryals has served with the Virginia Department of Health for 22 years, including 16 years as Nurse Coordinator of Children's Special Services in Southwest Virginia and 6 years as Nurse Manager of the Roanoke City Health District; WHEREAS, Ms. Ryals has been a leading force in establishing a number of innovative health care programs, including the Comprehensive Health Investment Project ("CHIP"), a public-private partnership funded in part with a $1.5 million grant from the Kellogg Foundation which provides quality health care and case management to hundreds of children who might otherwise receive little or no health care; WHEREAS, Ms. Ryals was also the only nurse to serve on the Governor's Task Force on Child Health and is currently serving her second year as President of the Virginia Nurses' Association, the State's largest association for professional nurses; and WHEREAS, City outstanding achievements THEREFORE, BE IT Roanoke as follows: 1. City Council Council is desirous of of Ms. Ryals; RESOLVED by the Council recognizing the of the City of adopts this means of recognizing the outstanding achievements of Sandra W. Ryals, Nurse Manager, Roanoke City Health Department, and City Council extends to Ms. Ryals its congratulations upon her being honored as Public Health Nurse of the Year and its appreciation for her outstanding services to this City and and its citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Ryals. ATTEST: City Clerk. CITY OF ROANOKE INTERDEPARTMENTAL COI~IUNICATION DATE: TO: FROM: RE: May 27, 1992 Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney Resolution honoring Sandra W. Ryals Pursuant to your request of May 20, 1992, on behalf of Mrs. Bowles, I am attaching a resolution honoring Sandra W. Ryals in recognition of being selected as State Public Health Nurse of the Year. WCD:f Attachment CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: May 20, 1992 TO: Wilburn C. Dibling, Jr., City Attorney FROM: Mary F. Parker, City Clerk Council Member EHzabeth T. Bowles has requested that a measure be prepared for adoption by Council in the very near future commending Sandra W. Ryals in recognition of being selected as State Public Health Nurse of the Year. Your assistance will be sincerely appreciated. MFP: sw pc: Ms. Sandra H. Eakin, Deputy City Clerk May 11, 1992 COMMONWEALTH of VIRGINIA Roanoke City Health Department 515 EIGHTH STREET, S.W. ROANOKE, VIRGINIA 24~16 (703) 857-7600 Mrs. Elizabeth Bowies 3637 Grandview Avenue, N.W. Roanoke, V~rginia 24012 Dear Mrs. Bowies: I would like to take this opportunity to personally thank you for attending our reception on Friday, May 8, 1992, in honor of our nursing staff and in recognition of Mrs. Sandra W. Ryals, State Public Health Nurse of the Year. Your appearance shows our staff the City officials are aware of ali their sincere and hard work. Thank you again for attending this reception. Sincere]y, Donald R. Stern, M.D., M.P.H. Health Director DRS/lka VDH ? City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN D~Puty City Clerk June 19, 1992 File #123 Mr. William White, Sr., Chairperson ) The Honorable W. Alvin Hudson ) Mr. William F. Clark Mr. Kit B. Kiser ) Committee ) Gentlemen: The following bids for the Roanoke City Jail infill, second floor, Were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992: BIDDER_ Q. M. Tomlinson, Inc. Acorn Construction, Ltd. Breakell, Inc. Martin Brothers Contractors, Inc. Branch & Associates, Inc. Lionberger Construction Co. Avis Construction Co. Thor, Inc. Williams Painting & Remodeling, Inc. Compton Excavating, Inc. BASE BID TOTAL $405,317.00 409,600.00 410,000.00 427,000.00 432,000.00 434,900.00 435,000.00 457,700.00 458,000.00 489,000.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, fiL,~A-,__~_ Mary F. Parker, CMC/AAE City Clerk MFP:sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vffg~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #15-323-192 The Honorable Delvis O. McCadden 323 Noble Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. McCadden: Your communication tendering your resignation as a member of the Roanoke Public Library Board and the Roanoke Civic Center Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted with regret. The Members of City Council requested that I express sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Library Board and the Civic Center Commission. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of the Roanoke City Counoil. ~'-'~'~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Dr. Frank J. Eastburn, Chairperson, Roanoke Public Library Board, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. John S. Edwards, Chairperson, Roanoke Civic Center Commission, 3745 Forest Road, S. W., Roanoke, Virginia 24015 Ms. Beverly Bury, City Librarian Ms. Vivian D. Nelson, Secretary, Roanoke Civic Center Commission 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #15-87 The Reverend C. Nelson Harris 1909 Langdon Road, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: Your communication tendering your resignation as a member of the Special Events Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. On motion, duly seconded and adopted, the communication was received and filed and your resignation was accepted with regret. The Members of City Council requested that I express sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Special Events Committee. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of the Roanoke City Council · Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc~ Mr. James C. Butler, Chairperson, Special Events Committee, 375 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. E. Laban Johnson, Special Events Coordinator MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 436 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #15-305 Mr. Thomas H. Miller, Chairperson Youth Services Citizen Board 1509 Terrace Road, S. W. Roanoke, Virginia 24015 Dear Mr. Miller: This is to advise you that Ms. Corinne B. Gott and Ms. Mollie C. Deberry have qualified as members of the Youth Services Citizen Board for terms ending May 31, 1995. Sincerely, MFP: sw Enc. pc: Mary F. Parker, CMC/AAE City Clerk Ms. Marion V. Crenshaw, Youth Planner Oath or Affirmationg of C ff ::e Stat~ of Virginia, Cirri of Roanoke, ~o .ugt: I, Mollie C. DeBerry , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State o! Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a term ending May 31, 1995. according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this J/ ~ _day of , Deput~ Clerk 0-2 Oath or Affirmation of 8tato o! I~M~a, Oity of Roanol~e, to .wit: I, Corinne B. Gott ., 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 Youth Services Citizen Board for a term ending Ray 31, 1995. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ~ day of' ~2f~ / , Deputy Clerk Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Sallye T. Coleman ,.--Roanoke City School Board Nklrllyn C. Curtis Marisha bU. O'Neil Thomas L Off" '~ ~ :;'. ,. James M. Turner, Jr. . Frank P. Tara, Superintendent Richard L. I~elley, Clerk of the Board P.O Box 13105, Roanoke, Virginia 24.031 · 703-981-2381 June 5,1992 ,,*-,¥ .. P~rker City Clerk Roanoke, Virginia Dear Mrs. Parker: We are requesting that the School Board Chairman, Finn D. Pincus, be placed on the agenda for the City Council meeting on June 15. At the direction of the Board, the Chairman wishes to inform Council about the accomplishment of the Board's objectives for 1991- 92. Thank you for your consideration. Sincerely, jn ~J'~ne S. Nolley~'~ TM Deputy Clerk c: School Board Dr. , ~a,,,,, ~. TO:~ Excellence in Education MARY F. PAI~k~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Vffginia 24011 Telephone: (703) SANDRA H. EAKIN D~puty City Clerk June 19, 1992 File #9-60 Mr. W. Robert Herbert, Chairperson Roanoke Regional Airport Commission Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31049-061592 approving the Roanoke Regional Airport Commission's 1992-1993 proposed operating and capital budget, as well as a separate listing of proposed capital expenditures, upon certain terms and conditions as more particularly set forth in a report from the Roanoke Regional Airport Commission under date of June 15, 1992. Resolution No. 31049-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Members, Roanoke Regional Airport Commission Ms. Mary H. Allen, Clerk to the Board, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Ms. Jacqueline L. Shuck, Airport Executive Director Ms. Catherine S. Pendleton, Secretary, Roanoke Regional Airport Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31049-061592. A RESOLUTION approving the Roanoke Regional Airport Commission's 1992-1993 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act and the Roanoke Regional Airport Commission Contract dated January 28, 1987, the City of Roanoke hereby approves the Airport Commission's 1992-1993 proposed operating and capital budget, as well as a separate listing of proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council dated June 15, 1992. ATTEST: City Clerk. Airport Commission W. Robert Herbert, Chairman Bol~'.. Johnson, Vice Chairman Jael M. Schlanger Richard W. Robers Kit B. Kiser 5202 Aviation Drive Roanoke, Virginia 24012 (703) 362-1999 FAX (703) 563-4838 Jacqueline L, Shuck, Executive Director June 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Regional Airport Commission Fiscal Year 1992-93 Budget and Proposed Capital Expenditures Council considered the attached budget with request for approval on February 24, 1992. A motion was made to approve the budget; however, that motion failed due to the lack of a second. There was no discussion of the budget, no questions were asked of your appointed representatives to the Roanoke Regional Airport Commission (Con~nission) regarding the budget nor were any reasons given during the meeting of any displeasure of the budget or the Commission. News reports following the meeting indicated members of Council thought the Con~nission was insensitive to the needs and wants of general aviation. I would like to have this opportunity to provide background information regarding the status of the airport in general, general aviation in particular, and the subject budget specifically. A. Background: Current Airport Master Plan, dated December, 1985, was approved by Roanoke City Council on February 24, 1986, since the airport was operated as an Enterprise Fund Department of the City of Roanoke. The Master Plan was subsequently adopted by the Commission upon its creation on July 1, 1987. General Aviation Improvements were identified as a Phase II commitment in the Master Plan (after the development of the new airport air carrier terminal building as Phase I). These general aviation improvements include the demolition of most of the existing facilities and construction of new facilities. Contract between the City, Roanoke County, and the Commission provides the Commission shall submit its operating budget to the local governments by February 15 of each year. These budgets are to identify any anticipated deficits and, if the governing body approves the budget, the governing body is to pay to the Commission its pro rata share of the identified deficit within 15 days of receipt of a draw down letter from the Commission. Page 2 Bo Capital expenditures that exceed $100,000 for any single expenditure and which are intended to benefit five or more future accounting periods, are also to be submitted to the local governments for approval. Debt service costs for these capital expenditures are to be included in the annual operation budgets to be a part of any projected operating deficit. Master Bond Indenture Agreement and other documents providing for the financing of the new air carrier terminal building were approved by Council on July 25, 1988. Provisions of these documents make it desirable from a bond holder assurance position for the operating budgets to be approved by the local jurisdictions even if no deficit is projected. General Aviation is impacted by the improvements proposed in keeping with the approved Master Plan. Roanoke Regional Airport is located in an urbanized area on slightly less than 800 acres. From an airport planning viewpoint, it is desirable for air carrier airports, and Roanoke Regional Airport is classified in the National Airport System as a Small Hub Air Carrier Airport, to have ownership or control of approximately 3,000 acres. General aviation is important to our airport from a corporate, pleasure and training standpoint. Constraints in space due to acreage make it necessary to demolish and reconstruct general aviation capital improvements, as depicted in the Airport Master Plan, rather than simply expanding into new acreage. Representatives of the general aviation community have spoken to the Commission virtually monthly since the inception of the Cormnission regarding several and sometimes differing viewpoints and needs. Those general aviation businesses or representatives who don't have space or enough space want the opportunity to bid on space. Those businesses and enthusiasts who have sufficient space desire to keep their space and keep expenses at a minimum. Commission has: Recognized the impact of the current recession and decided to phase in the general aviation improvements. Agreed to proceed with a capital improvement plan which would have the Commission funding, largely through Federal and State grants, site preparation work for new corporate and T-hangars. Decided to continue the spirit of free market competition by requiring bidding on Com~ission controlled general aviation facilities. We are in the process of modifying the timing Page for bidding of space to require bidding after the current tenants give up the space. Decided to seek bids for construction, financing, and control of new corporate hangars and T-hangars after the Commission has contracted for site improvements. Held workshops and hearings on the above plan of action as well as received many comments at regular Commission meetings. C. Fiscal year 1992-93 Budget and Proposed Capital Expenditures. 1. No deficit is projected. Capital expenditures include an estimated expenditure of $1,082,100 for general aviation site improvements and another $300,000 for engineering work to improve air cargo facilities. Projected expenditures for the operating budget is up $9,388.00 for a percentage increase of 0.237%. Recommendation: City Council is requested to approve the attached Roanoke Regional Airport Com~nission Fiscal Year 1992-93 Budget and Proposed Capital Expenditures. Respectfully submitted, W. Robert Herbert, Chairman Roanoke Regional Airport Commission WRH:afm Attachment CC: Members, Roanoke Regional Airport Commission Ms. Jacqueline L. Shuck, Airport Executive Director ATTACHMENT I PROPO$£D F7 92.93 SUD~ET EXPENSE BUDGET 1. ~perations and Maintenance Expenses A. Salaries, Wages and BeneHLs B. Operating -~p~3dit ur~ D. Other Project~ Total Operations and ,Maintenance 2. Non-O~ereting Expenses .A. [merest B. Debt Total Non-Operating _Capital Expenses A. Capital Projec~ and Equipment Torsi C~piml Exl~n.s~ Torn~ Budgeted Expenditurea REVENUE PROJECTIONS 1..Operating Revenue.~ A. Airfield B. General Aviatio~ C. Terminn! Related Other R~n~m Total Pmje~ed Operating Revermm A. I~-~ from Debt Ser,~ce Inmmst on In~san~nt~ C. Roanoke Coum7 Base Service Fee Total Proje~ed N~-Op~r~i~g Revenu~ Total Projected Revenue 1991-92Budgeted __ExpendRure~ $1,161,848 1,148,279 594,647 ~8,000 2,992,774 633,721 258,768 892,489 75,000 75,000 1991-92 107,356 2,830,564 159,~0 3,958,116 63,000 170,000 264,640 497,640 S4,45&7~ 1992-93 Budgeted Expenditur~ $1,209,301 1,165,895 592,500 41,000 3,008,696 613,482 266,073 81,500 81,500 1~-~3 Projected Revenue~ 11Z225 Z875,667 124,525 3,97~$91 512,640 ATTACHMENT PROPOSED CAPZTAL EXPENDZTURES (For projects expected to exceed $1OO,0OO tn cost and intended to benefit five or more accounting periods.) Projects: Professional Services for Airfield Signage a) Descriotion: Acquire professional services necessary to develop an airfield signage plan acceptable to the FAA and to prepare bid specifi- cations necessary to implement the plan. b) Justification: New federal aviation regulations require the development and submission of an airfield signage plan by November 1, 1992. The plan, once approved by the FAA, must be imple- mented by January 1, 1994. General Aviation Site Improvements a) Oescriotign: Construction of general aviation apron and taxilanes, including installation of storm sewers, access road and parking area, and the grading of future construction sites will be under- taken on approximately 5.5 acres of pre- viously undeveloped land in the general aviation area. b) ~: This project will provide the infrastructure necessary to permit and encourage the development of up to two sets of T-hangars and up to three cor- porate hangars in an undeveloped section of the general aviation area. This devel- opment is in accordance with the 1985 Airport Master Plan and with the General Aviation Site and Redevelopment Plan adop- ted by the Commission in lggO. Professional Engineering Services for Air Cargo Ramp a) Descriotion: Acquire professional en- gineering services necessary to perform tests and surveys, as well as to design and oversee bidding, for the construction of ramp for air cargo operations. Est. $ 160,000 Est. $1,082,100 Page Two b) Justification: While the 1985 Airport MaSter Plan recommended new and larger air cargo facilities, the General Aviation Plan adopted by the Commission recommended that cargo operations be removed from the general aviation area. Increased ramp space for cargo operations, which now account for almost one-forth {1/4) of all landed weights, is currently needed. Est. $ 300,000 Total Estimate $1,542,100 Bo Funding Sources: Federal Airport Improvement Program Grant Funds Commonwealth Aviation Grant Funds Commission Funds City and County Funds $1,193,040 $ 239,480 $ 109,580 $ -0- Total Funding $1,542,100 '92 JUN l0 ?522 Office of the City Manager June 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Members of Council: As a result of concerns raised by citizens about our current curfew law, a committee was appointed to review state law and our ordinance, contact other cities that have a curfew ordinance, and to recommend needed changes in our city code. Attached is a draft report of that committee. The committee has made some sound recommendations including a new code section. I plan to recommend this ordinance for your adoption in the next few weeks. In order to give you and the public an opportunity to consider the recommendations, I have asked the chairman of the committee, Mark Johnson, to be present at our meeting on Monday, June 15, 1992 to brief council on the recommendations. WRH:gr Enclosure Respectfully submitted, W. Robert Herbert City Manager Room 364 Municipal Building 215 Church Avenue, 5,W, Roanoke, Virginia 24011 (703)981-2333 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Members of City Council: June 15, Roanoke, 1992 Virginia SUfk/EC~: FINDINGS AND RECONNIg{DATIONS OF °l'ltii CURtis/ REVIEW CONNI'--i'EE I. BACKGROUND Roanoke City Code and state Code currently provide for a 'curfew law'. Section 21-5 of the Roanoke City Code states that it is unlawful for an unsupervised minor to be present in a public location between the hours of 10:00 P.M. and 5:00 A.M. State Code Sections 16.1-278.6 and 16.1-278.4 provide that disposition of curfew cases be consistent with the Juvenile Court guidelines for disposition of status offenses. The current curfew code is perceived by some citizens as inadequate to address the problems related to children and youth on the street during late night and early morning hours. A Curfew Review Comm~ttem was appointed by the Directors of Administration/Public Safety and Human Resources in October 1991 to review the City's curfew ordinance, to examine what other localities are doing about the problem, and to make appropriate recommendations. (See Attachment A for task force membership list.) De This issue presents a significant challengn to most localities. The committee carefully researched and examined other localities' curfew ordinances including curfew time and target ages of minors. A review of policies in fourteen (14) other municipalities revealed that there is great variety on how each deals with children out during late hours. Ten of those reviewed have ordinances establishing curfew hours, while four have not codified controls. Discussions regarding solutions to this problem are accented by the frustrations related to enforceability. (See Attachment B for the list of localities contacted.) A sub-committee was formed to make personal contacts with several localities to identify their enforcement procedures and learn more about special programs. Committee members spoke via speaker-phone with representatives from Savannah, Georgia; Anoka,Minnesota; Sioux Falls, South Dakota; and Virginia Beach, Virginia. A summary of these conversations is included in Attachment C. II. =u~RENT SITUATION The Committe made the following significant findings through discussions with representatives from local law enforcement, Court Services, the judiciary and the City's Youth Advisory Committee and other related research: During the time period January - October, 1991, Roanoke City Police Department reported 74 offenses of curfew violation. Se The current ordinance is ineffective. The ordinance is governed by State law. Penalties are limited to status offense dispositions only. Additionally, exceptions to enforcement are written broadly and the hours that are controlled by the ordinance begin too early (10:00 P.M.). 3e The regulations provide for insufficient dispositional alternatives to the Court. Consistent with the status offense classification, the Court system often choses not to prosecute. Rather, it focuses its intervention on attempting to rehabilitate the child or assist the family. Law enforcement capability is limited by this scenario. Police officers are reluctant to engage a curfew violator unless criminal activity is apparent or unless there is probable cause that criminal activity is imminent. According to the City Attorney, a juvenile may not be taken into custody for a curfew violation unless there is a clear and substantial danger to the child's life or health. B. The Curfew Review Committee identified tho followina option~: Ce Maintain, modify, or eliminate the City's current curfew ordinance; a) b) c) Change the time; Change the type of crime from a Class 4 misdemeanor to a Class 1 misdemeanor; Increase opportunities for youth to serve "community service', time; Develop more structured, supervised activities for young people to gather; Educate the public regarding the existence of the curfew ordinance and parental responsibility to encourage minors' compliance; Institute a tracking system to follow-up cases Based on the findinas and conclusions, thn Curfew Review Committee made both (mmediat~ and lonq term recommendations towards establishing a family focused curfew system. The members of the committee strongly agrees that the following immediate actions which can be established at minimal cost to the City must be taken in a timely manner. The committee acknowledges the difficult economic times and the strenuous work loads already placed on police officers, social service workers, educators, and court service workers. The Curfew Committee calls for the City, school administration, youth and the citizenry to reaffirm the community norm that children and youth do not belong on the streets unsupervised after curfew hours. The specific recommendations are as follows: Establish a Juvenile Citation modeled after the Sioux Falls, South Dakota program, by July 31, 1992. This program would serve several functions including 1) a means of communicating violations to parents, youth and schools, 2) a tracking system, 3) a prevention vehicle to provide support to families in crisis. (A suggested form is included in Attachment D.) City Police officers should complete a juvenile citation on every juvenile violating curfew. The officer would have the discretion to transport the juvenile home or to direct the juvenile to go home. The juvenile will sign the citation and be given a copy. The parent's copy will be hand-delivered if the officer transports the child home or mailed by the police department. Copies would be forwarded to the Court Services Unit and the appropriate administrator designated by Roanoke City Schools. The Court Services Unit will be responsible for maintaining records. It is the intention of this process to get the officer back on the streets as quickly as possible. If the officer can not locate a parent, the officer would call a Juvenile Intake worker who would determine the appropriate disposition of the juvenile. If necessary the juvenile may be transported by the police officer to the Roanoke Valley Trouble Center, Inc. (TRUST). TRUST will provide safe, temporary shelter until a parent or appropriate relative can pick up the child. Statement of Agreement between TRUST, the Court Service Unit, and Roanoke City Police Department is included in Attachment F. In the event a juvenile receives two citations within one year, a Juvenile Intake worker will contact the parent to warn the parent and child of impending court action if a third violation occurs and to provide any necessary assistance to avoid any future curfew violations. Amend the Roanoke city Code. a.) Amend Section 21-5(a) to limit controlled hours to after 11 p.m. Sundays through Thursdays and after midnight on Fridays and Saturdays; curfew hours would end at 5 a.m. daily. Exceptions would be limited to those cases where a child is out with a parent or guardian or emergency errands or legitimate business directed by the child's parent. b.) Increase the penalty for parents knowingly permitting child to be out during curfew from a Class 4 misdemeanor to a Class 1 misdemeanor under Section 21-5(b). (See Attachment E); A comprehensive Public Awareness CamDaiqn should be immediately designed by the City to inform parents, children, and the general public of the curfew law and the enforcement procedures. The strategy includes the following components: 1) inclusion of curfew ordinance and enforcement procedures, i.e. the juvenile citation program in the DARE elementary and secondary curriculum; 2) production of local radio and television public service announcements regarding the curfew; 3) printed materials including posters; 4) inform and cooperate with the PTA's, the Roanoke Neighborhood Partnership, religious congregations, and other agencies serving youth and 5) articles in the Roanoke Times and World News and the Roanoke Tribune. 4. It is recommended that the City Manager invite the Curfew Review Committee to reconvene to monitor the status of both the immediate and long-term recommendations. Additional representatives from the community should also be included on this committee. The Curfew Review Committee will review information related to the Juvenile Citation Program and make further recommendations as appropriate. The Curfew Review Committee recommended the following long-term actions. 2e SUDDort legislation to amend State Code 16.1-278.6 and 16.1-278.4 to provide for suspension of driving privileges and the institution of fines as sanctions for curfew violators; Amend the City Code to provide for driver's license suspension and fines as sanctions if and when approved by the General Assembly. Study the need for 1) the development of resources for the temporary care of unsupervised curfew violators, 2) social services intervention of curfew violators, and 3) mandated parental training for recidivating families. III. ISSUES A. Timinq. B. Public Welfare. C. LeGal Issues. D. Fundinq. IV. AL'£~ATIVES A. Concur with the recommendations cited by the Curfew Review Committee to: a) establish a Juvenile Citation Program by July 31, 1992; b) amend the City Code to modify the curfew hours and to increase the penalty for parents knowingly permitting a child to violate curfew; c) design a comprehensive public awareness campaign; and d) establish a long-term Curfew Committee to monitor the status of the recommendations. And, concur with the long-term recommendations to: a) support legislation to amend State Code 16.1-278.6 and 16.1-278.4 to provide for suspension of driving privileges and the institution of fines as sanctions for curfew violators; b) amend the City code to provide for driver's license suspension and fines as sanctions; and, c) study the need for the development of resources for the temporary care of unsupervised curfew violators, social services intervention of curfew violators and mandated parental training for recidivating families. Timina. The potential for unsupervised youth to be on the streets at night after reasonable hours increases with warm, summer weather. Concurrence with the recommendations would insure that this issue is addressed in a timely manner. Public Welfare. Unsupervised minors are present in public locations between the hours of midnight and 5:00 A.M. throughout Roanoke City. This is a problem which has caused considerable concern among the citizenry. Implementation of the recommendations would have a positive impact on public welfare by providing a reasonable, enforceable ordinance and an increase in public awareness of the importance of the curfew law. Le al Issues. The current curfew ordinance is virtually unenforceable as it is currently written. Exceptions to enforcement are written too broadly and the hours that are controlled by the ordinance begin too early (10 p.m.). Funding. The costs to the City would be minimal, approximately $200 for printing the Juvenile Citation books, and projected costs of $2,000 from the Court Services Unit for reimbursement to TRUST for housing. These costs are manageable within existing operating budgets. Do not concur with the recommendations cited by the Curfew Review Committee. Timing. The likelihood of unsupervised minors present in public locations after reasonable hours will increase with warm, summer weather. Timing is a critical issue with the onset of summer least than one week away. ~ublic Welfare. Failure to address the curfew could jeopardize the public welfare. There would be continuation, and perhaps, exacerbation of the problem. Legal Issues. The current curfew ordinance would remain in effect. Law enforcement capability would continue to be limited. Funding. Funding would not be an issue. V. City Council concur with the implementation of Alternative A and immediately: 6e Establish a Juvenile Citation Program by July 1, 1992; Amend the City Code 21-5 (a & b) to modify the curfew hours and exceptions and to increase the penalty for parents knowingly permitting a child to violate curfew; Design a comprehensive public awareness campaign; Establish a long-term Curfew Committee to monitor the status of the recommendations and make any appropriate future recommendations. Support legislation to amend State Code 16.1-278.6 and 16.1-278.4 to provide for suspension of driving privileges and the institution of fines as sanctions for curfew violators; Amend the City Code to provide for drivers license suspension and fines as sanctions if and when approved by the General Assembly; and, Study the need for the development of resources for the temporary care of unsupervised curfew violators, social services intervention of curfew violators and mandated parental training for recidivating families. Respectfully Submitted, W. Robert Herbert City Manager WRH/JDR/GCS/dsn Attachments cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Rithie, Director of Human Development George C. Snead, Director of Public Safety M. David Hooper, Chief of Police Michelle Bono, Public Information Officer Ms. Donna Norvelle, Human Development Coordinator Mr. Mark Johnson, Chairman, Curfew Review Committee Mr. Stu Israel, Executive Director, TRUST Members of the Curfew Review Committee SUMMARY OF CUR~EW CODES IN OTHER LOCALITIES Locality Age Time Virginia Beach, VA 16 12a~ Richmond, VA 17 Staunton, VA 16 Vinton, VA 17 Waynsahoro, VA n/a 12am - Sam 12am - Sam ATTAC~ B Comments See Attachment C Code is enforced regularly. Police handle 15-20 cases per wasH. Child is usually taken home =o Parents. cods is not strictly enforced. It is used only when needed. llpm - 4am No COmments n/a Salem, VA n/a Roanoke County, VA n/a n/a Washin~on, D.C. n/a n/a Atlanta, GA 16 14 Anoka, Minnesota Sioux Falls, SD Savannah, GA Eau Claire, WI 16 Canton, OH .17 NO Ordinance. Locality does have special operations police officers assigned to high risk arias. T~ay have a holdover program for lntoxica~ed minors. NO Ordinance NO Ordinance No Ordinance. A tsnporar~ ordinance was enacted during a riot. Fri Sun l~ps - 5as 10pm - 4am llps - 4am Ordinance ia prim~rily used aa probable cause tool. Police A~-~lstic Csn~sr ia used as the holding facility if parents are not available. See Attachment C Ssa A==&chmen= C lips - 6am Mon-Fri 12a~ - 6am Sat & Sun See Attachmen~ C AT~AC~NT C Curfew Review C~mmittee RESEARCH ON ~.~ LOC~Y.TTI~S, EFFORTS Savannah. Georqia: Major Bill Lyght, Police Department Savannah conducted a study to determine if a curfew ordinance would be warranted in liqht of juvenile crime. Major Lyght indicated that if crim~ were the issue, then the curfew would have to be extended to daylight hours. He felt that the curfew ordinance was the politically expedient thing to do. Savannah police do not strictly enforce the code. They use curfew as a tool to stop and question youth. Major Lyght noted that if a juvenile is picked up, the officer frequently has no place to take the juvenile and ends up spending valuable time baby-sitting until the parent is contacted. Major Lyght mentioned that the Savannah Police Department completes 'field interview' cards on individuals who may be involved in suspicious but not illegal activities. Sometimes field interview cards are completed on juveniles. The Savannah ordinance provides for parental responsibility. Sioux Falls. South ~koe~: Lt. David Kull, Police Department Sioux Falls, which has a population of 105,000, initiated the Juvenile Citation Program in the 1980's. The police go to the schools to educate youth about the curfew. The program has been successful based on the number of citations handed out: 1981 - 1,182 citations issued, 1985 - 1,267 citations issued, and 1990 - 1,000 citations issued. Police officers like the program because it frees their time. The curfew time may not be the magic time, it depends upon officer discretion. In serious cases when a crime is involved, if the parents are not available, then the officer will refer to the Detention Home intake officers. The cost of the program includes printing the citation books and court services' recording-keeping time. Lt. Kull indicated that this program has helped to reduce auto theft, drinking, and vandalism. Viralnia Beach. Virain]a: Kathy Tusing, Intake Officer and KristaRoberts, Child/Adolescent Coordinator, TP! If a parent cannot be reached the youth is turned over to the "Youth At Risk" program at Tidewater Psychiatric Institute if no criminal charges are placed. TPI assess the youth and calls parent. This is promoted as a community service by the hospital. During June and July, 1991, 100 cases were recorded (10 of these were runaways). There is no parental prosecution. They also have a street law program for youthful offender. N' es : Police Cl~ief lndre~ C. Revering Anoka is a suburb of Minneapolis and has a population of 16,000. They have a major emphasis on curfew. A task force was formed and their discussions were similar in nature to Roanoke's. No warnings are issued. Youth cruising escalated into a gang problem. Most offenders did not live in Anoka. Police contracted with state police and the sheriff's office to hire off-duty officers to establish a cruising police team. They take the youth to the police department where they are monitored in the halls. They prosecute parents. This program costs $60,000 - $80,000. The chief noted that the crime rate will probably go down. ATTACHNENT D ...___.____JUVENILE CITATION. ROANOKE CITY POLICE DEPARTMENT NNaE (~ ,,-t, ~ MM~Iq LIVES WITH PARENT'S NAME PARENTS Pi.tONE VEHICLE (Year, Ma~i LJCF. N~I PARENT'S AO~ES~ OATE TIME LOCATION OF VIOLATION VIOLATION :)E~CRIBE SPECIFIC ACTIVITY: PHONE DRIVER'S UCENSE I, DISPOSITION OF JUVENILE: OFFICER JUVENILE'S SIGNATURE AGE JUVENILE CITATION . ROANOKE CITY POLICE DEPARTMENT NAME (teat, 1=~ Middle) RACE CX)~ SCHOOL PARENT'S NAME PARENT'S ADI~qES..~ PAflEN'rS PHONE LIVES WITH VEHICLE (Year, MM(e UCEN~E NO. 0ATE TIME PNONE DRIVERS DESCRIBE ~=ECIFIC ACTIVITY: LOCATION OF VIOLATION COMPANION~ AGE Ot~=O~ITION OF JUVENILE: OFFICER J UVENILE~S SIQRATUFIE ATTACHMENT E DRAFT S21-5. Curfew for persons 16 years of aqe or younqer. (a) It shall be unlawful for any person sixteen (16) years of age or younger to loiter, idle, wander, stroll or play in or upon any public street, highway, alley, sidewalk, park, playground, other public place or upon any vacant lot or other place unsupervised by an adult having lawful authority to be at such place between the hours of 11:00 p.m. and midnight Sunday through Thursday and between midnight and 5:00 a.m. any day of the week. The provisions of this section shall not apply to: (1) any person sixteen (16) years of age or younger who is accompanied by his parent, guardian or other adult person to whom he has been temporarily entrusted by his parent or guardian; (2) any such person who is upon an emergency errand or legitimate business directed by his parent, guardian or other adult person to whom he has been temporarily entrusted by his parent or guardian; (3) any such person who, with the permission of his parent or guardian, is in attendance at, or going directly to or directly from an activity sponsored by any public school, licensed private school or church; (4) any such person who, with the permission of his parent or guardian, is at his place of lawful employment or is going directly to or going directly from his place of lawful employment; or (5) any such person who, with the permission of his parent or guardian, is in a motor vehicle for the purpose of travel through the City. (b) It shall be unlawful and a Class 1 misdemeanor for the parent, guardian or other adult person having the care and custody of a minor subject to the curfew established by subsection (a) of this section to permit, or by insufficient control to allow, any such minor to violate the provisions of this section. THIS MEMORANDUM OF AGREEMENT is made and entered into this __ day of , 1992, by and among the Roanoke Valley Trouble Center, Inc. (TRUST), the Roanoke City Police Department, and the Juvenile Court Services Unit. WHEREAS, the Roanoke city Code and State Code provide for a curfew code stating that it is unlawful for an unsupervised minor to be present in a public location between the hours of 11:00 p.m. and midnight Sunday through Thursday and between midnight and 5:00 a.m. any day of the week; and WHEREAS, State Code Sections 16.1-278.6 and 16.1-278.4 provide that disposition of curfew cases be consistent with the Juvenile Court guidelines for disposition of status offenses; and WHEREAS, the enforcement of the juvenile curfew code and appropriate disposition of unsupervised minors identified during curfew hours present significant challenges to the Roanoke community; and WHEREAS, TRUST and the Court Services Unit have previously worked cooperatively to provide safe shelter for juveniles in crisis; and WHEREAS, TRUST is not a secure facility; and WHEREAS, TRUST has limited capacity to shelter juveniles depending upon the number of previously registered shelter guests; NOW THEREFORE, the Roanoke City Police Department, the Juvenile Court Service Unit, and TRUST agree to cooperatively take the following measures to assure appropriate disposition of unsupervised juveniles found to be in violation of the curfew code. SCOPE OF SERVICES The Roanoke City Police Department agrees to : Contact the Juvenile Court Service Unit worker on duty in the event that a Police Officer can not make timely contact with the parents of an unsupervised juvenile in violation of the curfew code. Transport unsupervised juveniles to the TRUST Shelter, 404 Elm Avenue, S.W. Provide TRUST Shelter personnel with all pertinent data related to the juvenile and the name of an individual at the Police Department to call in the event the child leaves the TRUST facility. The Juvenile Court Services Unit agrees to: Make available the on-call services of a juvenile services intake worker 24 hours per day. Receive and respond to calls from Roanoke City Police Department involving unsupervised juveniles in violation of the curfew code. Refer the minor to Roanoke Valley Trouble Center, Inc. (TRUST) for immediate shelter and safety. Contact volunteer staff member on duty at TRUST to confirm arrangements for the juvenile. Provide compensation to TRUST on a per diem basis at the rate of $15.00 per minor per night. Maintain accurate record of the number of juveniles referred to TRUST. TRUST agrees to: Make its shelter facility at 404 Elm Avenue available for temporary disposition of unsupervised minors in violation of the curfew code by the Roanoke City Police Department and the Juvenile Court Services Unit. Submit request for compensation on a monthly basis to the Court Service Unit. Provide shelter for as many unsupervised minors in violation of the curfew code as space in the facility allows. Maintain accurate records on the number of these juveniles sheltered. In the event that a juvenile leaves the TRUST facility unaccompanied by a parent or designated relative, TRUST agrees to immediately contact the designated Police representative and the Court Services Worker on call. This Memorandum of Agreement shall be be a term of twelve (12) months, beginning on the day and year hereinabove written. Upon termination of the Agreement, if no new Agreement has been executed and no party to the Agreement has given at least thirty (30) days prior written notice of its intent not to renew the Agreement, then the terms of this Agreement shall automatically be extended for successive terms of one (1) year each, subject to all the terms and conditions herein set forth, except that during such extended periods, the Agreement may be terminated upon thirty (30) days written notice by any party. ROANOKE CITY POLICE DEPARTMENT Witness Chief of Police COUNT SERVICES UNIT Witness Director ROANOKE VALLEY TROUBLE CENTER, INC. (TRUST) Witness Executive Director Roanoke, Virginia 3une 15~ 1992 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Briefing Curbside/Alleyside Refuse Collection I. Back~round: ae Refuse collection and disposal is a basic service which the City provides to its citizens. Expenditures in the current fiscal year are expected to exceed $4 million. Be Backyard collection service is provided by City crews to those residents not served by alleys. However, many residents voluntarily set their own refuse to the street for weekly collection. Therefore, only approximately 30 percent of City residents receive backyard collection by City crews. The City of Roanoke is the only locality in the Roanoke Valley which provides a no-fee refuse collection service with backyard pickup. II. Current Situation: Solid waste disposal costs are expected to increase significantly in the next two years with the opening of a new regional landfill and transfer station. In 1988 the cost to the City to dump refuse at the regional landfill was $11.00 per ton. The present rate is $20.00 per ton, and this is expected to increase to at least $50.00 per ton when the new landfill is in operation. Be A recent citizen survey has indicated broad-based support for the City to modify its refuse collection service to require residents to place their solid wastes at the street or alley for pickup by City crews. Significant cost savings could be used to expand state- mandated recycling programs and offset the anticipated increase in disposal fees. - 2 - III. Issues: A. Cost savings. B. Impact on residents. C. Impact on City personnel. D. Legal requirements. E. Timing. IV. Alternatives: Pursue implementation of a curbside/alleyside refus~ collection service requiring City residents to place their household solid waste at the street in front of, or at the alley in the rear of their home for pickup by City crews. Cost savings. An overall reduction in the refuse collection budget of $368,000 is the estimated savings from the reduction of labor cost and equipment needed for this service. A portion of these savings will be used to offset the state- mandated recycling program, and the net reduction will be $226,000 upon full implementation. Additional inestimable savings will result from fewer workman's compensation injuries and the virtual elimination of claims from citizens for materials inadvertently picked up by collection crews. Impact on residents. There will be no change in the refuse collection service for residents currently placing their refuse at the alley at the rear of their home. Approximately one-half of the remaining residents already bring their refuse voluntarily to the street for pickup by City crews. Therefore, only approximately 30 percent of all City residents will be affected by this change in the City's method of refuse collection. A program of carry-out service will be provided at no additional cost to those residents who are unable to bring their own household waste to the street due to physical limitations. For those residents desiring to continue to receive the additional carry-out service from their backyard by City personnel, a fee service may be available. Impact on City personnel. The program will ultimately result in a work force reduction of 13 employees. It is recommended that no existing personnel be terminated. Curbside/alleyside refuse collection will eliminate the need for 1 Motor Equipment Operator and 18 Sanitation Workers. However, 6 of these positions can immediately be transferred to recycling to provide continued implementation of this state-mandated effort. The remaining personnel will be used to reduce the use of temporary employees throughout the City organization until they can be transferred into various City departments through attrition. Legal requirements. Certain portions of Chapter 14, Garbage and Refuse, of the Roanoke City Code will need to be amended. Timing. During the next 3 1/2 months the City administration will meet with neighborhood organizations, church and civic groups, and City residents to present the proposed plan and seek citizen input. A comprehensive effort will be made to explain the reasons for and benefits of the proposed curbside/alleyside refuse collection service. Assuming City Council is in a position to take final action on this proposal in September, it is recommended that the curbside/alleyside refuse collection service be implemented by January 4, 1993. Maintain the current system of backyard refuse collection service to City residents. Cost savings. There will be no opportunity to reduce the cost of this service by a reduction in labor cost and equipment. To the contrary, reallocation of funds will have to be identified to pay for the continued implementation of state- mandated recycling and higher landfill tipping fees. Impact on residents. There will be no impact on City residents other than the fact that some residents will continue to receive additional - 4 - e backyard carry-out service by City crews while other residents voluntarily set out their own household wastes. Impact on City personnel. No existing personnel will be affected. There will still be occasions when employees incur on-the-job injuries while attempting to carry out waste materials from the backyards of City residents. Legal requirements. No changes will be required in the City Code. However, the City will continue to receive claims from citizens concerning materials allegedly picked up by City personnel in the backyards of residences, damage to shrubs and fences, etc. Timing. Will be a moot point. V. Conclusion: No action is required by City Council at this time. It is anticipated that a final recommendation will be presented for action at your meeting on September 14, 1992. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: City Attorney Director of Finance Director of Public Works Manager, Solid Waste Management CURBSIDE/ALLEYSIDE REFUSE COLLECTION PROPOSED FOR January 4, 1993 The Solid Waste Management Department has researched the possibility of curbside/alleyside refuse collection and found it to be a method that would minimize cost and maximize efficiency. An overall reduction of $368,000.00 is the estimated savings from reducing labor cost and equipment needed for this municipal service. A portion of these savings will be reallocated to the state-mandated recycling program, with a net reduction of $226,000.00 annually* upon full implementation. Additional inestimable savings will result from fewer workman compensation injuries and the virtual elimination of claims from citizens for materials inadvertently picked up in backyards by collection crews. A plan to implement curbside/alleyside refuse collection has been developed that is designed to maximize citizen acceptance of the new program and provide for a smooth transition period. This plan addresses the issues of the physically unable, public information/education, fee based carry-out service for those who wish to continue backyard service, transitional workforce reduction, and other questions that citizens may have about curbside/alleyside service. A telephone survey of Roanoke City residents, conducted in March 1992, revealed that 75__% of the citizens favor the elimination of backyard collection. Of the 75% in favor of elimination, 55% stronqly favored elimination of the service. Only 32% of the households are currently receiving backyard service, according to Solid Waste Management's records. The remaining 68__% of the residents are placing their trash to the street or alley. Roanoke is the only locality, of the ~ valley governments, and ~ of ~ known localities in the state providing backyard service. Roanoke is the only known locality in the state with free backyard service. Residential trash collection in the City is currently collected by 16 four-man crews, consisting of ~ Motor Equipment Operator I and ~ Sanitation Workers. Most of the monetary savings to the City will result from the elimination of ~ residential route and ~ Sanitation Worker position from each of the remaining 15 routes. Additional savings will be realized through reduced personnel injuries, property damage and missing property claims. Also, the number of missed collection complaints will be substantially reduced due to the requirement that all trash will have to be placed at the edge of the street by 7:00 a.m. the day of collection. On the average, approximately 85% of the missed collection reports we receive are invalid. It costs approximately $31.00 each time a truck is sent back to follow-up on these reports, valid or invalid. For budgetary purposes, the FY 92-93 approximately $113,000.00 with implementation date. savings would amount to a January 4, 1993 Page 2 Curbside/Alleyside The money saved by converting to curbside/alleyside collection of refuse will cover the cost of expanding the recycling program from 4,000 to 24,000 households, and help with the anticipated disposal costs that are expected to increase significantly over the next ~ years due to the opening of the new regional landfill and transfer station, as illustrated by the following comparison. Year: 1988 Present 1994 Tonnage: 55,500 50,798 41,625 Tipping Fee: $11.00 $20.00 $50.00 Cost: $610,500 $1,015,960 $2,081,250 It is critical to get citizen input on the proposed plan, as well as to put in place a strong public information and education program to inform citizens of the proposed changes, laws and requirements. This will be accomplished by meetings with the various neighborhood and civic organizations, developing a door-hanger that will explain all aspects of Solid Waste Management's services, and extensive coverage of the proposed plan by the news media. The city will offer a "Premium Service" to those citizens who are physically-able to carry their trash to the street but wish to continue receiving backyard service. This service will require that a Sanitation Worker carry only the household trash to the street. Extra trash from a clean-out, or boxes, yardwaste, etc. will be the responsibility of the citizen to place to the street, as is the current requirement. Citizens will be required to pay a $20.00 non-refundable application fee, and submit an application for the Premium Service. When both have been received, a supervisor will visit the requestor and measure the distance from the street to the pick-up point. Billing will be done quarterly by the Department of Solid Waste Management. The fees are similar to Roanoke County's, and are as follows: MONTHLY QUARTERLY 100 feet or less $10.00 101 feet to 200 feet $17.00 201 feet to 300 feet $24.00 301 feet to 400 feet $31.00 Each additional 100 feet - add $7.00 $30.00 $51.00 $72.00 $93.00 $21.00 Non-payment of.the carry-out service; still be available. charges would warrant discontinuance of the however, curbside/alleyside collection will Citizens who are physically unable to carry their trash to the street will be requested to apply for the Physically Unable Service. When the request is received, a supervisor will visit them to verify that the citizen is unable to carry the trash to Page 3 Curbside/Alleyside their collection point, and there are no other capable occupants in the household. The citizen must sign an agreement that says they will contact the Department of Solid Waste Management if their situation changes, so that the Physically Unable Service can be discontinued. Under the Curbside/Alleyside program, the only change from present would be that the resident would be asked to provide a letter from a physician, within 30 days, stating that they are physically unable to carry their trash to the street or alley. A survey of the other ~ valley governments was conducted in an effort to determine the number of homes that will need special service. We found that Roanoke County is currently carrying out the trash of 362 households due to a physician certified disability, and 5--9 households for their paid Premium Service, for a total of 1.6% of their total collections. Salem carries out approximately 3.5%, or 300 households, and they estimate that about 10% of these are certified by a physician to be physically unable to carry out their trash. The remaining 90% are citizens over the age of 70__. Salem has no paid carry-out service. Vinton provides free carry-out service for approximately 150 physically disabled and elderly citizens with no verification of disability. This represents approximately 3.8% of their total collections. Based on this information, the City of Roanoke can expect to provide either the Premium Service or Physically Unable Service to approximately 1,100 households, representing 3--% of the total collections. Positions will be reduced through attrition. There will be a total of 18 Sanitation Workers and [ Motor Equipment Operator I who will be affected. Ultimately, we are planning on ~ new positions to be created in recycling and they will be filled from these 19 positions. As other laborer type positions come available throughout the City, the remaining 13 Sanitation Workers will be given first opportunity to apply, regardless of seniority status. During the transitional period, the remaining full-time personnel will be used to reduce the use of temporary employees throughout the City organization. Departments using these employees will be responsible for their wages. If no temporary re-assignments to other departments are available, the Solid Waste Management Department will use them in special clean-up projects as manpower and equipment allow. The majority of large apartment complexes currently have dumpsters and are being serviced by private contractors. The remaining apartment complexes, that are not managed by the Roanoke Redevelopment and Housing Authority, have trash can racks that are positioned where the garbage trucks can get close and are charged for this service according to the volume of trash they generate. The owners of the few multi-family dwellings Page 4 Curbside/Alleyside (4 or more units) that receive carry-out service, including the Housing Authority apartments, will be given ~ options: They could establish a central collection point that would be accessible to our trucks and have their employees gather the tenants trash; They could require tenants to carry-out their own trash to the street or designated collection point; or The City can charge the Premium Service fee for carry-out service to the individual tenants that request it, and bill them directly. After substantial research of the subject, and surveying other localities utilizing this method, it has been determined that Curbside/Alleyside Refuse Collection will provide maximum efficiency with the most cost savings. CURBSIDE/ALLEYSIDE REFUSE COLLECTION TIME TABLE FOR IMPLEMENTATION Prior to June 15, 1992 1. Visit surrounding localities. 2. Conduct telephone surveys of other curbside/alleyside localities. 3. Meeting with Solid Waste Employee Relations Committee to get suggestions from an employees point of view. 4. Extensive strategic planning meetings with Public Information Officer and City officials. 5. Develop and fine-tune the plan of action, with charts, graphs, and slides. 6. Begin designing handout literature/door hangers for P.R. campaign. 7.. Compose the necessary ordinance changes. June 15, 1992 Council briefing. Briefing of Solid Waste Management Department's personnel. Begin public information campaign: visit neighborhood organizations, church and civic groups, City residents and news media. Begin designing new curbside/alleyside routes September 14, 1992 Council report with recommendation for approval. September 15, 1992 Inform Solid Waste Management,s personnel of Council approval. Send door-hanger design to printers. November 2, 1992 Begin distribution of door-hangers to every household by Sanitation Workers from Solid Waste Management. Page 2 Curbside/Alleyside Time Table November 23, 1992 Distribution of door-hangers complete. (There will be a 2 week waiting period for Physically Unable Service and Premium Service customers to contact Solid Waste Management. Information is necessary to fine-tune new routes.) December 7,1992 Begin fine tuning new routes and drawing new route maps. Begin visiting Physically Unable Service and Premium Service customers. December 14, 1992 1. 2. Route design and maps completed. Begin training personnel to their new routes. Continue visiting Physically Unable Service and Premium Service customers. Begin computer data entry of billing information for Premium Service customers. December 21, 1992 Mail letter to all citizens detailing program. December 30, 1992 Run a paid advertisement in the Roanoke Times/World News January 4, 1993 Implement Curbside/Alleyside Refuse Collection. April 1, 1993 First billing will be mailed to Premium Service customers. CITY OF ROANOKE SOLID WASTE MANAGEMENT PHYSICALLY UNABLE SERVICE ADplication/Aqreement NAME: ADDRESS: The following special service is DATE: TELEPHONE: ROUTE #: being requested: Justification for request: Name and address of personal physician: I understand that I am required to produce a letter from my personal physician, within 30 days of signing this agreement, stating that I am physically unable to comply with the City Ordinances concerning placement of my trash at the street for collection. I further understand that should a representative of Solid Waste Management receive reliable information or observe that I am performing activities equal to or more stringent than required to comply with the Ordinances, and/or have another person residing with me that can assist me to comply, an investigation will be initiated and the "Physically Unable Service" will be subject to discontinuance or charges according to the Premium Service schedule. I agree to notify the Solid Waste Management Department at 981-2448 upon vacating this residence, becoming physically able to continue normal activities or have access to someone who can assist me. Applicants Signature Date Supervisors Approval Date: Manager/Supt. Approval Date: Comments: 5/7/92 CITY OF ROANOKE SOLID WASTE MANAGEMENT PREMIUM SERVICE CONTRACT NAME: Account #: HOME ADDRESS: TELEPHONE: Apt. SOCIAL SECURITY NUMBER: WORK TELEPHONE: 1. The undersigned has applied to the City of Roanoke and its successors and assigns to receive Premium Service refuse collection at the above described premises only, situated in the City of Roanoke, Virginia, and used for residential purposes. Said application is hereby incorporated by reference into this contract. 2. Upon acceptance of this application by the City, the applicant, in consideration of the Premium Service furnished to the above premises and other related services rendered, agrees to comply with the following terms and condition. The Premium Service charges shall be paid in arrears on a quarterly basis. Applicant will pay all refuse and related charges on said premises listed in this agreement during the life of it's agreement as they become due and payable to the following address: City Treasurer P.O. Box 1451 Roanoke, Virginia 24007 Ail charges are effective from the date of actual start of collection for Premium Service and continuously thereafter billed quarterly and prorated on a monthly basis until terminated as provided by this contract. Applicant will abide by all rules, regulations, and rates now in force or that may be hereafter legally established by the City. Applicant will continue to be liable for all charges on above premises until the Department of Solid Waste Management receives notice in writing of applicant's intention to terminate service under this agreement and that such amount for said charges shall be recoverable by all remedies provided by law. Applicant waivers homestead and all other exemptions as to liability to pay for refuse services rendered under this agreement. fe Applicant hereby agrees to indemnify and hold harmless the City of Roanoke from any and all claims and demands for injuries or damages arising out of this contract. In addition, the City shall in no event be responsible for the refuse container or the wrongful disposition of any item placed in or near such container. The City of Roanoke reserves the right to terminate this agreement without notice and without cause. The City of Roanoke reserves the right to increase charges without notice to applicant. The charge for Premium Service refuse collection to the above premises is $ per month. Should any part of this contract be declared unenforceable by a court of competent jurisdiction, such shall have no effect on the legality or validity of any other part of this contract. Applicant Signature Date Signed MAILING ADDRESS IF DIFFERENT FROM ABOVE: 5/8/92 CITY OF ROANOKE SOLID WASTE MANAGEMENT PREMIUM SERVICE APPLICATION NAME: ADDRESS: ~pt. # SOCIAL SECURITY NUMBER: PROPERTY OWNER(S) NAME IF OTHER THAN ABOVE: DATE: HOME TELEPHONE: WORK TELEPHONE: I am applying for Premium Service refuse collection as defined in Section 14 of the Code of the City of Roanoke. I understand that I will be billed on a quarterly basis for this service, in the amount stated on the Premium Service Contract. I further understand this service is only for materials that are in containers of 32 gallon capacity or less, and considered to be waste from normal household routine. Attached is my application fee in the amount of $20.00. I understand that this fee is non-refundable and is to cover costs of processing the application only. Signature of Applicant: Date: For Office Use Only Investigating Supervisor: Distance from edge of Monthly Fee: Supervisor Signature: street to collection point: Begin Service: Manager Signature: Application: ACCOUNT # 5/8/92 Approved Denied Date: Approved Denied Date: FEET MARY' F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~41 SANDRA H. EAI~N Deputy City Clerk June 19, 1992 File #60-192 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31050-061592 amending and reordaining certain sections of the 1991-92 Civic Center Fund Appropriations, providing for appropriation and transfer of certain funds to cover the cost of fire damage repairs in the Civic Center Auditorium. Ordinance No. 31050-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw ERe. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Bob E. Chapman, Manager, Civic Center Facilities AN 1991-92 emergency. WHEREAS, Government of exist. THEREFORE, BE IT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31050-061592. ORDINANCE to amend and reordain certain sections Civic Center Fund Appropriations, and providing of the for an for the usual daily operation of the Municipal the City of Roanoke, an emergency is declared to ORDAINED by the Council of the Roanoke that certain sections of the 1991-92 Civic Center Appropriations, be, and the same are hereby, amended reordained to read as follows, in part: City of Fund and Civic Center - Operating Internal Services (1) ............................... Civic Center - Promotional Personal Services (2) ............................... Capital Outlay - Equipment Capital Outlay (3) .................................. Capital Outlay Auditorium Fire Damage (4) .......................... $1,548,035 470,900 158,361 87,000 64,180 64,180 1,208,787 601,764 Revenue Revenue - Event Expenses (5).: ........ --------- .... $ 214, 350 Accounts Receivable Industrial Risk Insurance'(6)' - 72,775 1) Building Maintenance 2) Temporary Employee Wages 3) Other Equipment 4) Appropriated from Third Party 5) Novelty Fees 6) Industrial Risk Insurance (005-050-2105-7050) $ 30,000 (005-050-2106-1004) 30,000 (005-050-8600-9015) 1,250 (005-050-8630-9004) 12,844 (005-020-1234-1070) 61,250 (005-1118) (12,844) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '92 Roanoke, Virginia June 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Civic Center Request for Appropriation and Transfer of Funds I. Background A. The original FY '92 Civic Center Budget appropriation was $2,061,730 including operations, promotions, depreciation and capita~ B. Budget A~justments through April, 1992 total $15,660. The current Civic Center budget as of April, 1992 totals $2,077,390. C. Total expenses for FY '92 are now estimated to be $2,138,640, an increase of $61,250 over the current budget. D. Current budget synopsis is as follows: Current Civic Center Expense Budget Estimated Expenditures for FY '92 Addditional Funding Required $2,077,390 2,138,640 $ 61,250 $1,784,850 1,695,921 $ 88,929 Anticipated Collections for FY '92 Current Revenue Estimate Revenue in Excess of Estimate II. Current Situation A. Appropriation of funds is requested to cover cost of certain additional operation expenses. B. Funding source is available from Civic Center revenues. C. Transfer of funds is requested to cover current year operating cost. III. Issues A. Justification of Need B. Funding Source Page 2 IV. Alternatives Approve the appropriation of $61,250 to cover cost of certain opera- ting expenses and transfer $12,844 to cover fire damage repairs in the Auditorium. 1. Justification of need has been verified through analysis of the Civic Center operating budget. 2. Funding sources are available from the following: a. Funding for operational expenses is available from revenues realized in excess of estimates. b. Funding for fire damage repairs is available from insurance reimbursements to the Civic Center. B. Do not approve the appropriation of $61,250 and the transfer of $12,844. Justification of need has been verified. This alternative will not provide funds for building maintenance, capital outlay equip- ment, temporary wages and fire damage repairs. 2. Funding source would not be an issue for consideration. Recommendation is that City Council approve Alternative A, as listed below: A. Increase the revenue estimate by $61,250 for Novelty Fees. (Account #005-020-1234-1070) B. Appropriate $30,000 to Internal Services - Building Maintenance. (Account #005-050-2105-7050) C. Appropriate $1,250 to Capital Outlay - Equipment. (Account #005-050-8600-9015) D. Appropriate $30,000 to Promotional - Temporary ~nployee Wages. (Account ~005-050-2106-1004) E. Appropriate $12,844 as follows: 1. To: Auditorium Fire Damage Account. (Account #005-050-8630-9003) Page 3 2. From: Civic Center Accounts Receivable Fire Insurance Account. (Account #005-1118) cc: City Attorney Director of Finance Respectfully submitted, W:~obert Herbert Cit~ Manager Director of Utilities and Operations Roanoke, Virginia June 22, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda on Monday, June 22, 1992, for a report concerning Proposed Revenue Enhancement and Operating Efficiency Measures for the Police Department. Respectfully submitted, Manager WRH/OCS/hw cc: City Attorney Director of Finance Roanoke, Virginia June 15, 1992 Honorable Mayor and City Council 92 "~ ~] ~'~"~' Roanoke, Virginia Dear Members of Council: SUBo-~CT: PROPOSED REVENu~ ~IHANC~NT AND OPERATING EFFICIENCY~ASUI~S FOR T~d~POLICEDEPART~NT I. BACKGROUND: Ao During the FY92-93 budget development process revenue enhancement and operating efficiency received priority consideration. The Police Department identified two areas for review: increased fees and new fees. The Police Department reacts to approximately five thousand (5000) security alarms each year. The alarms originate in a variety of ways which include: Audible alarms, electronic messages to control centers in this and several distant cities and notices by automatic signal to designated telephone numbers. All generate a notice to our 911 system and an emergency response by Police with attendant risk and liability. Approximately 97% (or 4850) are false. Nothing is happening or has happened when police arrive. Each response to such alarms deprive the public of the responding officer's availability to address their legitimate and urgent needs for police service. A reduction in false security alarms will benefit everyone now affected. II. ~U.~.-P~,~ SITUATION: The fee compendium established by council on November 11, 1991 authorized a fee schedule for the Police Department based on costs of providing various services. The fee schedule no longer accurately reflects the costs of the following services administered by the Police Department. 1. Public Vehicle Drivers License 2. Concealed Weapons Permit Honorable Mayor and City Council Page 2 Conservator of the Peace Verification Reports S.P.C.A. Fee (Animal Control Service Fee) No fee is assessed for response to false security alarms. FY92-93 General Fund Budget is dependant on $165,635 in additional revenues. II. ISSUES: Cost Recovery Equality of Service Public Notice III. ALTERNATIVES: City Council approve a resolution to amend the fee compendium to reflect the increases enumerated, "Attachment A", and establishment of fees for false alarms as defined by ordinance, "Attachment B" at the rates set forth in the resolution, "Attachment C". Cost Recovery the proposed fees would provide revenue that more closely reflects the costs of providing these services. The FY92-93 Budget included projected revenue of $165,635 based on this fee proposal. o Equality of Services - The fee structure will more accurately reflect the costs of providing the services and will provide an incentive for the reduction of false security alarms. Public Notice - Has been achieved through the list of activities outlined in "Attachment D." City Council approve a resolution to amend the fee compendium of November 11, 1991 to reflect the increases in "Attachment A" and not approve the proposal to add a fee for false alarms in "Attachment B" and "Attachment C." Honorable Mayor and City Council Page 3 Cost Recovery - the costs of providing police service to respond to false alarm calls would continue to be borne by all citizens. Total Revenue would be reduced by $151,295. Equality of Service - will not be achieved or enhanced. False alarm calls will continue to compete with legitimate citizen needs for immediate police services. Public Notice - has been achieved through the list of activities outlined in "Attachment D". City Council - approve the proposal to add a fee for false alarms in "Attachment B & C" and not approve a resolution to amend the fee compendium to reflect the increases in "Attachment A". Cost Recovery - would provide revenue that more closely reflects the costs of providing police services for false alarms· A significant portion of the costs to provide the services in "Attachment A" would continue to be recovered. Total revenue would be reduced $14,340. Equality of Services - the anticipated reduction in the number of false alarms would allow the officers to devote more time to duties and citizen requests that actually need police service. o Public Notice - has been achieved through the list of activities outlined in "Attachment D". IV. RECO~R. NDATION: That City Council approve Alternative "A" which includes the resolution for increased fees now in the fee compendium and the attached proposed false security alarm ordinance and resolution. Respectfully submitted, Robert W. Herbert City Manager Attachment "A" Increased Fee Proposal Title Public Vehicle Drivers License Concealed Weapons Permit Conservator of the Peace Verification Reports S.P.C.A. Fee (Animal Control Fee) Current Last Proposed Fee Revised Fee $10 11/91 $2O annually annually $155 li/9i $250 annually annually $9 - $25 biennial biennial $i50 ii/9i $250 annual annual $9 - $25 biennial biennial $9 li/91 $10 per report per reporl $3 per 3-5 yrs. Within 12 pickup Months: $10 first pick up $20 second pick up $30 third pick up ....... iii ....... $2 da $5 daily boarding boarding "Attachment B" Out line False Security Alarm Fee Ordinance Proposal I. PURPOSE To reduce the number of false security alarms resulting in a police response. To decrease unnecessary risk to citizens and police officers. II. DEFINITIONS Security Alarm: Any device or system of devices located in or connected to a premises that is designed or used to signal an occurrence of burglary, robbery, unauthorized entry, or any other criminal act or activity that threatens property or persons indicating a need for a police response. User: Any person owning or using a security alarm system or having a control of the premises upon which such a system is located or connected. False Alarm: Any security alarm system signal which directly or indirectly causes a police response to the premises in which the security alarm is located or connected,and where no actual or threatened criminal activity has caused such signal. Alarm Company: Any corporation, partnership, business or individual engaged in the business of the installation, maintenance, alteration, servicing, or monitoring any security alarm, or which responds to any security alarm. Severe Weather: An electrical storm, hurricane, tornado, or other act of nature that causes multiple false alarms within the City of Roanoke. Disruption of Telephone Circuits: Disruption of telephone circuits that causes multiple false alarms on the same circuit when the disruption was beyond the user and user's alarm company control and that such disruption has been corrected. "Attachment B" - Continued Notification: First notice of a false alarm to the user or their agent may be by telephone or personal contact at the time of occurrence or by other acceptable means afterward. When reasonable efforts to notify the alarm user or their agent fails then the billing of a false alarm fee will serve as first notice. III. FALSE ALARM FEES Assessment of fees will be based on the number of false alarm responses to the same location within each of the six (6) month periods July 1 thru December 31 and January 1 thru June 30. The Police Department Records Bureau will screen each report of a false alarm response for applicability before it is submitted to the City's Billings and Collections Department for processing and invoicing. See "Attachment C." The user may appeal for an exception from a false alarm designation or imposition of fee within seven (7) calendar days of first notification of the occurrence of the false alarm if the cause was beyond their control due to severe weather or disruption of telephone circuits. Satisfactory evidence to support the appeal must be supplied upon request to the Records Bureau Lieutenant or his designee. Any such exception must be approved by the Chief of Police or his designee. IV. EXEMPTIONS Premises owned, leased, occupied or controlled by the City of Roanoke or its School Board. Premises owned, leased, occupied or controlled by Federal or State Governments. Any automobile security alarm except when the automobile is inside the premises to which the police response is made and the automobile security alarm generated the signal which caused the false alarm response. "Attachment B" - Continued Do Newly installed security alarms will be exempted for a period of twenty (20) days from the installation date provided the user gives prior written notice to the Police Department of the installation date and any service or adjustment during that time that may cause a false alarm. When advance notice is made to the police dispatcher that any security alarm is actively being repaired, serviced, or is malfunctioning so that police response may be suspended until notification that the problem has been corrected. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #178-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Sincerely, I am attaching copy of Resolution No. 31051-061592 approving the modification of provisions of the 1991 Rental Rehabilitation Program to allow program funding to take as low as a fourth mortgage position, if all other aspects of the financing provide adequate security, upon certain terms and conditions as more particularly set forth in a report of the City Manager under date of June 15, 1992. Resolution No. 31051- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. H. Wesley White, Acting Director, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF~HE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31051-061592. A RESOLUTION approving the modification of the provisions of the 1991 Rental Rehabilitation Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that this Council does approve the modification of the provisions of the 1991 Rental Rehabilitation Program to allow Program funding to take as low as a fourth (4th) mortgage position, if all other aspects of the financing provide adequate security, upon the terms and conditions more particularly set forth in the City Manager's report to this Council dated June 15, 1992. ATTEST: City Clerk. Roanoke, Virginia 3une I5, 1992 Honorable Mayor and Members of Council Roanoke, Virginia '92 JC, 11 :Z2 Dear Members of Council: Subject: 1991 Rental Rehabilitation Program - Modification of Provisions of Program I. 13ackground Rental Rehabilitation Program is a cooperative program among HUD~ the City, and the Roanoke Redevelopment and Housing Authority (RRHA)~ to encourage rehabilitation of privately-owned rental property in targeted areas. 3. City's Program design for the 1991 program calls for the Program funds to be used specifically to assist the renovation of buildings in the downtown area for rental housing units, in cooperation with the Roanoke Community Development Corporation and Downtown Roanoke, Inc. City's Program description, drafted in the summer of 1991, defines cer- tain terms of financing under the Programs including that "Program funding will take no less than third mortgage position" (Attachment A). II. Current Situation Actual experience with development proposals in the downtown area since the Program was designed shows that there is the need to allow for Program funding to be allowed to take a fourth (#th) mortgage position. 1. One proposal may be approved immediately with Program funds as a #th mortgage, but the appraisal shows a total loan-to-value ratio and projected cash flow well within other limits established by the Program. 2. Several other proposals under development and negotiation may also require the flexibility of a ~th mortgage by the Program funding. B. Modification of the Program description by Council is necessary to pro- vide for this option. III. Issues A. Consistency with established plans and policies, specifically for down- town revitalization. 13. Cost to the City C. Risk to the City D. Timing Oune 15, 1992 Page 2 IV. Alternatives A. Approve a modification to the 1991 Rental Rehabilitation Program to allow Program funding to take as low as a fourth (#th) mortgage posi- tion, if other terms of the financing provide reasonable security for the financing, by substituting a new page 2 in the Program description (Attachment B). Consistency with established plans and policies would be achieved, as the greater flexibility to tailow the financing to a variety of complex market conditions will facilitate housing development down- town. Cost to the City will be nothing. The Program grant is reserved by HUD for the City, but does not actually come to the City or appear in its finances. Neither is the City technically a direct party in the financing~ as it actually is made by the RRHA, as the City's administrative agent for the Program. Security of the Program financing will be provided primarily by sound cash flow and acceptable loan-to-value ratios as defined otherwise on page 2 of the Program description. Risk to the City is minimal, as the funds are not to be repaid to HUD. Federal guidelines even allow the Program funds to be provided as a grant to property owners-developers. 4. Timing is such that one proposal should be approved and closed imme- diately upon the requested modification of the allowable terms. B. Do not approve a modification to the 1991 Rental Rehabilitation Program to allow Program funding to take as low as a fourth (~th) mortgage posi- tion. Consistency with established plans and policies would depend upon the eventual ability of owners of downtown properties to make financing arrangements that would not require the Program funds to be in 4th mortgage position. Conversion of 2nd and 3rd floor space residential units may not be feasible without the flexible assistance that could have been provided. At least one such propo- sal almost surely will fail. 2. Cost to the City likely would be nothing directly, but some tax revenues from buildings that would have been upgraded may be lost. 3. Risk to the City would not be an issue. Timing is not an issue. 3une 15, 1992 Page 3 V. Recommendation Adopt Alternative A, thereby approving a modification to the 1991 Rental Rehabilitation Program to allow Program funding to take as low as a fourth (#th) mortgage position, it other terms of the financing provide reasonable security for the financing, by substituting a new page 2 in the Program description (Attachment B). Respectfully submitted, W. Robert Herbert City Manager WRH:HDP:rms Attachments (2) City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA Executive Director, Downtown Roanoke, Inc. (RR91MODI,2,3) Rental Rehabilitation- 1991 Page 2 ATTACHMENT A In addition, housing downtown is expected to have significant spin-off effects, specifically to "increase the vitality and attractiveness of downtown as a cultural, entertainment and retail center." (Roanoke Vision, p. #6) The Rental Rehabilitation Program described herein is designed to attract and subsidize private investment for the conversion to apartments of upper levels of existing commercial buildings in the downtown Roanoke area, on terms that will allow the units to be affordable to low-moderate income tenants. II. Program Design A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will supplement private funding to assist an owner of qualifying property to rehabilitate portions of a building for residential use, while receiving a fair return on investment. Financing by the Program will be flexible and will depend on the charac- teristics of the individual project. The most liberal terms considered will be: 1. Program funding will take no less than third mortgage position 2. Final debt including Program funding and all superior mortgages not exceed 100% of after-rehabilitation value 3. Program funding may amount to no more than 50% of rehabilitation cost, and may not exceed: $6500 for a one-bedroom unit, $7500 for a two-bedroom unit, $8500 for a three-bedroom unit or larger Project must project at least break-even cash flow 5. Program funds will be loaned and secured by a deed of trust, but interest may be as low as 0% 6. Repayable loan payments may be deferred for as long as 10 years, with a balloon payment due then. 7. In exceptional cases, loans may be forgiveable. Within these contraints, the City will consider the economics of each project and will negotiate financing terms to assist the project while allowing a reasonable return to the owner on his equity. Depending on the circumstances, terms of Program funding may relate to interest rate, principal amount, amortization term, proportion of total development cost or rehabilitation cost, loan-to-value ratio, return on equity, etc. The City's purpose in the Program is to help make the pro formas attractive enough to encourage developments and to reinforce the likely success of projects in a new, untested market. Beyond that goal, however, the priori- ties of the City in determining the financing terms to be offered will include repayment of principal (security of loan), number of projects that may be assisted (amount of subsidy), rapidity of funds revolving back to the City (amortization terms), and return on investment (interest rate). ATTACHMENT B ?ental Rehabilitation-t991 Page 2 In addition, housing downtown is expected to have significant spin-off effects, specifically to "increase the vitality and attractiveness of downtown as a cultural, entertainment and retail center." (Roanoke Vision, p. 46) The Rental Rehabilitation Program described herein is designed to attract and subsidize private investment for the conversion to apartments of upper levels of existing commercial buildings in the downtown Roanoke area, on terms that will allow the units to be affordable to low-moderate income tenants. II. Program Design A. Form of Rehabilitation Subsidy The City's Rental Rehabilitation Program will supplement private funding to assist an owner of qualifying property to rehabilitate portions of a building for residential use, while receiving a fair return on investment. Financing by the Program will be flexible and will depend on the charac- teristics of the individual project. The most liberal terms considered will be: 1. Program funding will take no less than fourth mortgage position, if [ other aspects of the financing provide adequate security 2. Final debt including Program funding and all superior mortgages not exceed 100% of after-rehabilitation value 3. Program funding may amount to no more than 50% of rehabilitation cost, and may not exceed: $6500 for a one-bedroom unit, $7500 for a two-bedroom unit, $8500 for a three-bedroom unit or larger #. Project must project at least break-even cash flow 5. Program funds will be loaned and secured by a deed of trust, but interest may be as low as 0% 6. Repayable loan payments may be deferred for as long as 10 years, with a balloon payment due then. 7. In exceptional cases, loans may be forgiveable. Within these contraints, the City will consider the economics of each project and will negotiate financing terms to assist the project while allowing a reasonable return to the owner on his equity. Depending on the circumstances, terms of Program funding may relate to interest rate, principal amount, amortization term, proportion of total development cost or rehabilitation cost, loan-to-value ratio, return on equity, etc. The City's purpose in the Program is to help make the pro formas attractive enough to encourage developments and to reinforce the likely success of projects in a new, untested market. Beyond that goal, however, the priori- ties of the City in determining the financing terms to be offered will include repayment of principal (security of loan), number of projects that may be assisted (amount of subsidy), rapidity of funds revolving back to the City (amortization terms), and return on investment (interest rate). MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir flinia 24011 Telephone: (703) 981-254.1 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #72-236 Mr. Stuart Israel Executive Director TRUST 360 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Israel: I am enclosing copy of Resolution No. 31052-061592 concurring in the recommendation of the City Manager's Follow-Up Task Force on Homelessness with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $12,000.00, Total Action Against Poverty, in the amount of $18,000.00, and TRUST, in the amount of $11,000.00, to administer said funds. Resolution No. 31052-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #72-236 Mr. Theodore J. Edlich, III Executive Director Total Action Against Poverty in Roanoke Valley, Inc. P. O. Box 2868 Roanoke, Virginia 24001 Dear Mr. Edlieh: I am enclosing copy of Resolution No. 31052-061592 concurring in the recommendation of the City Manager's Follow-Up Task Force On Homelessness with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $12,000.00, Total Action Against Poverty, in the amount of $18,000.00, and TRUST, in the amount of $11,000.00, to administer said funds. Resolution No. 31052-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN l~puty City Clerk June 19, 1992 File #72-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31052-061592 concurring in the recommendation of the City Manager's Follow-Up Task Force on Homelessness with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $12,000.00, Total Action Against Poverty, in the amount of $18,000.00, and TRUST, in the amount of $11,000.00, to administer said funds. Resolution No. 31052-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw ERe. pc: Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director, Human Development Ms. Donna S. Norvelle, Human Resources Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator 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) 981-2~41 SANDRA H. ~ D~puty City Clerk June 19, 1992 File #72-236 Ms. Wendy W. Moore Executive Director Roanoke Area Ministries 824 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Moore: I am enclosing copy of Resolution No. 31052-061592 concurring in the recommendation of the City Manager's Follow-Up Task Force on Homelessness with regard to allocation of Emergency Shelter Resource Funds, and authorizing execution of subgrant agreements with Roanoke Area Ministries, in the amount of $12,000.00, Total Action Against Poverty, in the amount of $18,000.00, and TRUST, in the amount of $11,000.00, to administer said funds. Resolution No. 31052-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31052-061592. A RESOLUTION concurring in the recommendation of the City Manager's Follow-up Task Force on Homeless as to the allocation of Emergency Shelter Resource Funds, and authorizing the execution of the subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST to administer the funds. WHEREAS, the Council of the City of Roanoke accepted an Emergency Shelter Grant Program entitlement of $41,000.00 on March 12, 1992, by Resolution No. 30900-030992, allocated under the Stuart B. McKinney Homeless Assistance Act from the United States Department of Housing and Urban Development to provide services to the homeless; and WHEREAS, the Council of the City of Roanoke appropriated the funds to an Emergency Shelter Resource Fund enabling local nonprofit organizations to apply for financial support to improve the quality of shelter facilities; and WHEREAS, the City Manager's Follow-up Task Force on the Homeless has recommended allocation of the funds as set forth in the City Manager's report dated June 15, 1992. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council concurs in the recommendation of the City Manager's Follow-up Task Force on Homeless for the allocation of Emergency Shelter Resource Funds as follows: (a) $12,000 to Roanoke Area Ministries for the RAM House project for payment of maintenance, operations, insurance, utilities and furnishings. (b) $18,000.00 to Total Action Against Poverty for the payment of maintenance, operations, insurance, utilities, and furnishings; and, essential services including food, transportation, and drug Screening supplies, all in Connection with the Transitional Living Center Program. (c) $11,000 to TRUST for the payment of maintenance, Operations, insurance, utilities, furnishings, and food. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, is hereby authorized to execute the proper subgrant agreements with Roanoke Area Ministries, Total Action Against Poverty and TRUST for the administration of the funds. ATTEST: City Clerk. June 15, 1992 Honorable Noel C. Taylor, Members of City Council Roanoke, virginia Mayor and Members of Council: SUBJECT: ~si~G~CY ~H~[.TER ]~ESO~C~ ~utiD ~T.F~CATION I. BACKGROUND ae The City Manaaer's Task Force on Homelessness studied the homeless and low-income housing situation in Roanoke and presented their findings and recommendations in a comprehensive report titled No ace o Ca 1 Home in April, 1987. The city Manaaer appointed a Follow-uP Task Force to evaluate how well the report's recommendations are implemented and to recommend new activities based on future findings. The Task Force continues to meet on a regular basis. Roanoke city Council accepted Emeraencv Shelter Grants Pro~ram entitlement funds tQtallin~ $134.000 in 1987, 1988, 1989, 1990 and 1991, allocated under the Stuart B. McKinney Homeless Assistance Act, from the United States Department of Housing and Urban Development to provide services to the homeless. $26,000.00 - Resolution ~28872, November 16, 1987. a) b) $20,000.00 to Total Action Against Poverty $ 6,000.00 to Roanoke Area Ministries $ 4,000.00 - Resolution ~29087, May 9, 1988. a) b) $ 2,300.00 to Roanoke Area Ministries $ 1,700.00 to Total Action Against Poverty De Ee Fe $24,000.00 - Resolution #29507, April 3, 1989. a) b) c) $10,000.00 to Total Action Against Poverty $8,500.00 to Roanoke Area Ministries $5,500.00 to TRUST e $39,000 - Resolution Number 30100-61890, June 18, 1990 a) b) c) $17,090.00 to Total Action Against Poverty $11,790.00 to Roanoke Area Ministries $10,120.00 to TRUST $41,000 - Resolution Number 30530-52091 May 20, 1991 a) $18,000 to Total Action Against Poverty b) $12,000 to Roanoke Area Ministries c) $11,000 to TRUST Roanoke City Council accepted the ~992 Emeraencv Shelter Grants Proaram entitlement funds of $41,000.00 through the Stuart B. McKinney Homeless Assistance Act on March 12, 1992, Resolution $30900-030992. Funds from the Stuart B. McKinnev Homeless 'stance may be used for the payment of maintenance, operations (including rent but excluding staff), insurance, utilities, and furnishings; and, limited funds for essential services including employment, health, substance abuse education and food. In the past, funds have also been used for renovation and major rehabilitation. The City invited applications or DroDosa]s from local agencies to assure that all interested organizations had an opportunity to submit funding requests. The deadline to submit applications was April 10, 1992. The City Manager asked the City Manaaer's Follow-UD Task force on the Homeles~ to carefully review proposals submitted within the designated time frame and recommend the allocation of funds to benefit the citizens of Roanoke. II. CURRENT SITUATION Roanoke Area Ministries. the Roanoke Valley Trouble Center. Inc. CTRUST) o and Total Action Aaainst Poverty submitted proposals for funding through the 1992 Emergency Shelter Resource Fund. The Salvation Army initially submitted an application but, withdrew the application upon further consideration. Requests totaled $54.463.00 from these three agencies. 1. Roanoke Area Ministries: $12,000.00 2. TRUST: $12,463.00 3. Total Action Against Poverty: $30,000.00 The Task Force carefully studied each proposal using the application requirements, federal guidelines, and pre-determined criteria to recommend the allocation of these funds and found that all agencies were eligible for funding after meeting application requirements and federal guidelines. The C~tv Manaaer's Follow-UP Task Force on Homelessness submitted the followina ~ecommendations to the city Manager based on the guidelines and criteria. Allocate $12,000.00 to Roanoke Area Ministries for the payment of maintenance, operations, insurance, utilities, and furnishings. Allocate $11,000.00 to TRUST for the payment of maintenance, operations, insurance, utilities, furnishings, and food. Allocate $18,000.00 to Total Action Against Poverty (Transitional Living Center Program) for the payment of maintenance, operations, insurance, utilities, and furnishings; and, essential services including food, transportation, and drug screening supplies. III · IV. ISSUES A. Services to citizens. B. Timing. C. Funding. ALTERNATIVES ae Concur with the recommendations submitted by the city Manager's Follow-Up Task Force on Homelessness for the allocation of Emergency Shelter Resource Funds and authorize the city Manager to execute the attached sub-grant agreements with Roanoke Area Ministries, Roanoke Valley Trouble Center, Inc. (TRUST), and Total Action Against Poverty. Services to Citizens. The quality of existing shelter space would be improved and day facility services would be enhanced for homeless citizens. ~ Funds must be obligated by August 10, 1992. Funding. Federal grant funding of $41,000.00 was previously appropriated and is available in account number 035-054-5123-2210. The necessary local match will be provided by the agencies, and no City funds are required. Do not concur with the recommendations and do not authorize the City Manager to allocate funds at this time. SeFvices to citizens. Existing programs and services would not be increased or enhanced. ~ No effect. Funding. The City would have to obligate the funds for emergency shelter by August 10, 1992 or risk losing the grant allocation. RECOMMENDATION City Council concur in the implementation of ~ and allocate the $41,000.00 Emergency Shelter Resource Fund as recommended by the City Manager's Follow-Up Task Force on Homelessness and authorize the City Manager to execute the sub-grant agreements (copies attached). Allocate $12,000.00 to Roanoke Area Allocate $11.000.00 to the Roanok~ Valley Trouble Center. Inc. (TRUST). Allocate S%8,000.00 to Total Action A 'ns vet . WRH/DSN/dsn Respectfully submitted, W. Robert Herbert City Manager CC: Wilburn C. Dibling Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Donna S. Norvelle, Human Resources Coordinator Marie Pontius, Grants Monitoring Administrator Attachments AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and IlI~UST, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program (ESGP} entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to the City by the United States Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act. WHEREAS, by Resolution No. adopted June 15, 1992 City Council authorized the acceptance of the ESGP entitlement of $41,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Repairs & Improvements Utilities Insurance Cleaning Supplies Pest Control Food Janitorial & Maintenance Fuel 0il Water & Sewage TOTAL $ 2,000.00 950.00 3,798.00 450.00 120.00 637.00 2270.00 600.00 175.00 $11,000.00 The Subgrantee shall complete project activities by August 31, 1993. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty {30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents or officers. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. Bo The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. C. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty (30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager ATTEST: Roanoke Valley Trouble Center, Inc. (TRUST) Corporate Witness Executive Director AGREEMENT THIS AGREEMENT is made and entered into this day of , 1992 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and TOTAL ACTION AGAINST POVERTY, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP) entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to the City by the United States Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act. WHEREAS, by Resolution , adopted June 15, 1992, City Council authorized the acceptance of the ESGP entitlement of $41,000.00. WHEREAS, the City established an Emergency Shelter Resource Fund with this ESGP entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Utilities Minor Repairs Food General Maintenance Transportation Drug Screening Supplies TOTAL $ 6,500.00 5,000.00 4,100.00 1,000.00 900.00 500.00 $18,000.00 The Subgrantee shall complete project activities by August 31, 1993. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty {30} days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents or officers. Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, guidelines, and regulations set forth in HUD's regulations at 24 CFR Part 575, as set forth in Attachment I and Enclosure I as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 8. During the performance of this Agreement, the Subgrantee agrees as follows: Ao The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Co Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. 9. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. 10. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty {30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. A1-FEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager A1-FEST: Corporate Witness Executive Director Total Action Against Poverty AGREEJ4ENT THIS AGREEI4ENT is made and entered into this day of , 1992 by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and ROANOKE AREA MINISTRIES, a non-stock corporation, created and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Subgrantee. WITNESSETH: WHEREAS, the City of Roanoke is an Emergency Shelter Grant Program {ESGP} entitlement locality with an approved Comprehensive Homeless Assistance Plan. WHEREAS, an ESGP entitlement of $41,000.00 was awarded to the City by the United States Department of Housing and Urban Development under the Stewart B. McKinney Homeless Assistance Act. WHEREAS, by Resolution , adopted June 15, 1992, City Council authorized the acceptance of the ESGP entitlement of $41,000.00. this ESGP WHEREAS, the City established an Emergency Shelter Resource Fund with entitlement. THEREFORE, the parties hereto mutually agree as follows: 1. The Subgrantee shall complete the following project activities which provide for the provision of shelter maintenance and operations: Monthly Maintenance Fee $11,040.00 Heat For Building 960.00 TOTAL $12,000.00 The Subgrantee shall complete project activities by August 31, 1993. The Subgrantee shall receive the ESGP grant award as prescribed by the United States Department of Housing and Urban Development. The Grantee reserves the right to withhold payment if the Subgrantee fails to comply with the procedures outlined in this agreement, and federal and state regulations associated with ESGP funds. The Subgrantee shall submit to the Grantee monthly progress reports regarding project activities beginning thirty (30) days after obligation of funds. In addition, the Subgrantee shall permit access during normal business hours to its premises for the purpose of conducting on-site compliance reviews and inspecting of facilities and records. o The Subgrantee acknowledges that the Grantee shall not be responsible for any actions of employees or designated representatives of the project. In the event of any litigation which may arise as a result of the operation of this project, the Subgrantee agrees to assume the risk and/or liability for the cost of any such litigation, including but not limited to, payment of damages or attorney fees to the plaintiff and hold the Grantee harmless therefrom. The Subgrantee also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Subgrantee also acknowledges and agrees that the Grantee shall not be obligated to provide insurance coverage, either commercially or self supplied, for the Subgrantee. Nothing herein shall be deemed an express or implied waiver of the sovereign immunity of the City of Roanoke, Grantee, or immunity of its employees, agents, or officers. o Neither the Subgrantee, its employees, assigns or contractors shall be deemed employees of the Grantee while performing under this Agreement. The Subgrantee agrees to abide by the terms, forth in HUD's regulations at 24 CFR Part 575, Enclosure I as if they were the Grantee conditions are clearly inappropriate for obligations under this Agreement. guidelines, and regulations set as set forth in Attachment I and referenced therein, unless such the performance of particular 8. During the performance of this Agreement, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, notices setting forth the provisions of this non-discrimination clause. The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that the Subgrantee is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. 9. Nothing in this Agreement shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this Agreement. 10. This Agreement shall remain in full force and effect until cancelled by either party giving the other party thirty {30) days written notice of cancellation. Any such cancellation shall be in writing and shall be sent by certified mail. No payment will be made for expenses incurred after receipt of notice, except those expenses incurred prior to the date of notice that are necessary to curtailment of operations under this Agreement. 11. This agreement shall be governed by the laws of the Commonwealth of Virginia. IN WXTNESS WHEREOF, the Grantee and Subgrantee have executed this Agreement as of the date first written above. All'EST: CITY OF ROANOKE, VIRGINIA City Clerk ATTEST: City Manager Corporate Witness Executive Director Roanoke Area Ninistries 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 Deputy City Clerk June 19, 1992 File #24A-184-202 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31053-061592 amending Article III, Officers and Employees Generaily, of Chapter 2, Administration, of the Code of the City of Roanoke ( 1979), as amended, in connection with implementation of the Paid Leave and Extended Illness Leave Policy for City employees; and repealing certain sections of the City Code, effective July 1, 1992. Ordinance No. 31053-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~0.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw El'lC. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court Mr.l~. R~Dert Herbert June 19, 1992 Page 2 pc' The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., 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 Gordon E. Peters, City Treasurer The Honorable Donald S. Caldweli, Commonwealth's Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Arthur B. Crush, III, Clerk, Circuit Court The Honorable W. Alvin Hudson, Sheriff Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Wiliard N. Claytor, Director of Real Estate Valuation Mr. Robert H. Bird, Municipal Auditor Mr. George C. Snead, Jr., Director, Public Safety Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager Mr. Rawleigh W. Quarles, Fire Chief Mr. Bobby D. Casey, Office of the Magistrate Mr. M. David Hooper, Police Chief Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 S2-42. Application of Divisions 2 and 3 to Constitutional Officers and their Employees. The provisions of divisions 2 and 3 shall not apply to any constitutional officer or to the employees in his office, unless such officer consents thereto in writing and files such written consent in the office of the city clerk. Thereupon, the provisions of such divisions shall apply with like force and effect to such constitutional officer filing such consent and the employees of his office as it does to other officers and employees of the city, until such consent is revoked in writing and filed in the office of the city clerk. It shall be the duty of the city clerk to notify the city council, the manager of personnel management and the director of finance of receipt by the city clerk of such written consent or revocation. 3. Sections 2-28 through 2-46 of Article III, Officers and EmDloyees, of Chapter 2, Administration, of the City Code, are hereby designated as Division 1, Generally, of such Article. 4. The City Code is hereby amended and reordained by the addition of the following new Division 2, Vacation Leave and Sick Leave, to Article III, Officers and EmDloyees, of Chapter 2, Administration: DIVISION 2. VACATION LEAVE AND SICK LEAVE S2-48. Applicability. The provisions of this division shall apply to non- temporary officers and employees hired before July 1, 1992, who have not elected to be subject to the provisions of Division 3 of this Chapter. ~2-49. Vacation Leave. (a) On and after July 1, 1985, and during each fiscal year thereafter, officers and employees of the city, except employees of the fire department working the three-platoon system, part-time, seasonal, temporary and extra help employees shall accrue vacation leave each calendar month, based on cumulative years of city service, in accordance with the following schedule: Cumulative years of city service Vacation leave accruing each calendar month Up to 5 8 hours 5 to 10 10 hours 10 to 20 12 hours 20 to 30 14 hours 30 or more 16 hours (b) On and after July 1, 1985, and during each fiscal year thereafter, employees of the fire department working the three-platoon system shall accrue vacation leave each calendar month, based on cumulative years of city service, in accordance with the following schedule: Cumulative years of city service Vacation leave accruing each calendar month Up to 5 5 to 10 10 to 20 20 to 30 30 or more 24 hours 30 hours 36 hours 42 hours 48 hours (c) The city manager shall develop and promulgate by regulation a system for allocating vacation leave where the first or last month of city employment for any officer or employee is less than a complete calendar month. (d) No officer or employee of the city shall be eligible to take any vacation leave during the first six (6) months of city employment. (e) Vacation leave shall be taken only at such times as the city manager or other appropriate council-appointed officer shall approve. (f) Saturdays, Sundays and holidays shall not be counted as vacation leave, except to the extent that an officer or employee normally works on such days, nor shall non-working hours on other days be so counted. An employee of the fire department working the three-platoon system who takes vacation leave on two consecutive work days separated by a single off- duty day shall be charged vacation leave for the work days and the off-duty day. (g) Vacation leave may be accumulated but no officer or employee may be credited with more than two hundred forty (240) hours of vacation leave on July i of any fiscal year, except that employees of the fire department working the 3 three-platoon system may be credited with not more than seven hundred twenty (720) hours on such date. (h) Any officer or employee who is separated from the service of the city for any cause not involving moral turpitude shall be paid for accumulated and unused vacation leave not to exceed seven hundred twenty (720) hours for an employee of the fire department working the three-platoon system or two hundred forty (240) hours for any other officer or employee; provided, no payment for any accumulated vacation leave shall be made in the case of any officer or employee who is separated from the service of the city prior to completion of the first six (6) months of employment. (l) Upon recommendation of the head of any department, the city manager may, in his discretion, advance any officer or employee of such department, who has been in the service of the city at least six (6) months, vacation leave not to exceed eighty (80) working hours, or in the case of an employee of the fire department working the three-platoon system vacation leave not to exceed three hundred sixty (360) hours, during a single fiscal year, thereby permitting such officer or employee to anticipate earned vacation leave. Should any officer or employee be separated from the service of the city, for any cause, before actually earning all such anticipated vacation leave, his pay for all such unearned anticipated vacation shall be deducted from his final paycheck. (j) Notwithstanding any provision of this section to the contrary, any officer or employee in the employ of the city on the date of adoption of this section who has less than five (5) cumulative years of city service shall accrue vacation at the rate of ten (10) hours per calendar month, or in the case of an employee of the fire department working the three- platoon system at the rate of thirty (30) hours per calendar month, until such officer or employee has been in the service of the city for ten (10) cumulative years. S2-50. Sick Leave. (a) On and after July 1, 1975, and during each fiscal year thereafter, all officers and employees who receive from the city fifty (50) percent or more of their salaries or wages, and after being in continuous service of the city for six (6) months, shall, with the exception provided for in section 2-51, be entitled to sick leave with pay according to the following schedule: Term of Employment Sick Leave Allocation 6 months to 1 year 1 year to 2 years 2 years to 5 years 5 years to 10 years 10 years to 15 years 15 years to 20 years 20 years to 25 years 25 years to 30 years 30 years and over 40 working hours 88 working hours 168 working hours 344 working hours 432 working hours 512 working hours 600 working hours 688 working hours 768 working hours (b) Reserved. (c) Reserved. (d) The sick leave provided for in this section is noncumulative and represents the maximum annual sick leave to which any such employee shall be entitled in any one fiscal year. (e) Thirty-six (36) working hours of sick leave shall be allowed to any such officer or employee for an injury for which compensation is awarded under the Workmen's Compensation law. (f) Sick leave shall cover absences from duty only on account of the bona fide illness or physical disability of officers and employees. When such absences extend beyond three (3) consecutive working days, the city manager, or the department head designated by him, shall require a certificate from a medical doctor as evidence of such illness or disability. At the discretion of the city manager, he may also require examination by a medical doctor designated by the manager, whose decision as to illness or disability of the officer or employee in question may be taken as final by the city manager. The city manager or any such department head may require a certificate from a medical doctor in verification of any number of days of claimed sick leave pay. S2-51. Same--For Employees of Fire Department. (a) On and after July 1, 1975, and each fiscal year thereafter, employees of the fire department working the three-platoon system shall be subject to the general provisions of section 2-50, with the exception that entitlement of such employees to sick leave shall be on the following calendar day basis: 5 Term of Employment Sick leave allocation in calendar days 6 months to 1 year 7 1 year to 2 years 15 2 years to 5 years 30 5 years to 10 years 60 10 years to 15 years 75 15 years to 20 years 90 20 years to 25 years 105 25 years to 30 years 120 30 years and over 135 (b) Such employees shall be charged sick leave for any calendar day during which the employee is unavailable for duty because of sickness or disability. 5. The City Code is hereby amended and reordained by the addition of the following new Division 3, Paid Leave and Extended Illness Leave, to Article III, Officers and Employees, of Chapter 2, Administration: DIVISION 3. PAID LEAVE AND EXTENDED ILLNESS LEAVE S2-53. Applicability; Eligibility to Elect Coverage. (a) The provisions of this division shall apply to non- temporary officers and employees hired on or after July 1, 1992, and to any officer and employee who was hired prior to July 1, 1992, and who has made a timely and effective election to be subject to the provisions of this division. (b) The city manager shall establish by regulation the requirements for officers and employees to elect to be subject to the provisions of this division which shall include a requirement that employees make an irrevocable election within a thirty-day period to be established by the city manager with such election to be effective the first day of the next fiscal year. (c) Except for officers and employees who have made a timely election to be subject to the provisions of this division effective July 1, 1992, no officer or employee shall be eligible to receive retirement service credit for accumulated extended illness leave if the officer or employee retires within 36 months of the effective date of the election. S2-54. Paid Leave. (a) Officers and employees may take paid leave for any reason deemed appropriate by the individual upon approval by supervisor. (b) Initial paid leave balance for officers and employees hired prior to July 1, 1992, shall be the individual's vacation leave balance as of June 30 of the year in which the election to be subject to the provisions of this division is made. (c) Paid leave shall accrue as follows: City Employees Fire Department Employees Working the Three-Platoon System Total Years of Service Hours Days Hours Days per Month Per Year Per Month Per Year 0 to 1 10 15 14 7 1 to 5 12 18 16 8 5 to 10 14 21 20 10 10 to 15 16 24 24 12 15 to 20 17 25.5 26 13 20 to 25 18 27 28 14 25 to 30 19 28.5 30 15 30 or more 20 30 32 16 (d) as paid employee hours on Saturdays, Sundays and holidays shall not be counted leave, except to the extent that an officer or normally works on such days, nor shall non-working such days be counted. (e) employee leave on the fire credited Paid leave may be accumulated, but no officer or may be credited with more than 288 hours of paid July 1 of any fiscal year, except that employees of department working the three-platoon system may be with not more than 408 hours on such date. (f) Paid leave in excess of the maximum carryover on June 30 of each year shall be added to the individual's extended illness leave account up to a maximum of 40 hours per fiscal year or 56 hours per fiscal year for employees of the fire department working the three-platoon system. (g) Paid leave up to 80 hours may be advanced to an employee by the department manager, with written concurrence of the appropriate director, council-appointed officer or elected officer. Should an employee leave the service of the city prior to accrual of paid leave hours sufficient to cover the advance, the regular current rate of pay of the employee will be deducted for each outstanding hour from the employee's paycheck. Pay deduction for an employee exempt from the Fair Labor Standards Act shall not have hours advanced or repaid for less than a full workday. (h) Any officer or employee who has separated from the service of the city for any cause not involving moral turpitude shall be paid for accumulated paid leave not to exceed 408 hours for an employee of the fire department working the three-platoon system or 288 hours for any other officer or employee; provided, no payment for any accumulated paid leave shall be made in the case of any officer or employee who is separated from the service of the city prior to completion of the first six (6) months of employment. S2-55. Extended Illness Leave. (a) Extended illness leave means approved absence from work with pay for a personal or family illness or disability which exceeds the use of twenty-four (24) consecutive regular work hours of paid leave or thirty-four (34) consecutive regular work hours of paid leave for fire department personnel working the three-platoon system. The city manager shall promulgate regulations governing the use of extended illness leave. (b) Extended illness leave shall accrue at the rate of six (6) hours per month which equates to nine (9) days per year. Fire department personnel working the three-platoon system shall accrue extended illness leave at the rate of nine (9) hours per month which equates to 4.5 days per year. (c) The initial extended illness leave balance for employees hired prior to July 1, 1992, shall be as established by the city manager and filed in the office of the city clerk. (d) There shall be no limitation on the number of hours of extended illness leave which may be accumulated. (e) The city manager shall develop and promulgate by regulation a system for allocating extended leave where the first and last month of city employment for the officer or employee is less than a complete calendar month. (f) Extended illness leave for illness or disability of a family member shall not exceed eighty (80) hours per fiscal year. 6. The City Manager is hereby authorized to promulgate regulations to implement the provisions of this ordinance. 7. Section 2-38.1, Vacation Leave, S2-39, Sick Leave Generally, S2-40, Same--For Employees of Fire Department, and ~2- 42, ADDlication of sections 2-38 -- 2-41 to Constitutional Officers and their Employees of the Code of the City of Roanoke are hereby repealed. 8. In order to provide for the usual daily operation of the City, an emergency is deemed to exist and this ordinance shall be in full force and effect on and after July 1, 1992. ATTEST: City Clerk. 9 Roanoke, Virginia '92 j'~j~! 11 ~t~2Z~une 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: PAID T.'li~.¥'~ ~ ]~['I']~[D~D ]'T.T.lq~SS T.'Ii~A.VE I. BACKGROUND The City's sick leave policy was established in 1953 and since that time no material changes have been made. The current sick leave policy does not recognize many of the diverse needs for City employees to be away from work such as caring for an aged parent or to be at home with sick children. II. CURI~9~T SITUATION The new proposed leave Dian, titled Paid Leave and Extended Illness Leave, incorporates a number of unique provisions which include: Combining vacation, short term sick leave (3 days or less), and time off for doctors appointments into one paid leave account; Providing employees with a separate account for extended illness leave which may also be used for family member illnesses; Providing incentives, not punishment for employees who use a minimum of extended illness leave by allowing it to be credited toward retirement; and Providing existing employees with a choice between current sick leave and vacation benefits or tho new leave policy. Current employees may elect the new plan by June 1 of any year during their career up to three years prior to retirement. During the initial offering period, an election date in late June will be established by the City Manager. Honorable Mayor and City Council Page 2 Be The new leave ~olicv includes two tYDes of Leave and Extended Illness Leave 1. Paid Leave shall accrue as follows: leave, Paid CITY EMP~LOYEES CITY FIRE SUPPRESSION EMPL_OYEES Total Years Hours Days Hours Days of Servic9 Per Month Per Year Per Month Per Year 0 to 1 10 15 14 7 1 to 5 12 18 16 8 5 to 10 14 21 20 10 10 to 15 16 24 24 12 15 to 20 17 25.5 26 13 20 to 25 18 27 28 14 25 to 30 19 28.5 30 15 30 or more 20 30 32 16 Fe Extended Illness Leave shall accruo at the rate of 6 hours per month which equates to 9 days per year. Fire suppression employees accrue extended illness leave at 9 hours per month which equates to 4.5 days per year. New emDlovees hired on or after July 1, 1992 will be covered by the new leave policy. Focusro--q~Q_qD~which included employees from throughout City departments reviewed the proposed policy and made valuable suggestions as the policy was being designed. A draft of the proposed policy has been sent to all full-time city employees (See Attachment 1 for current draft.) Included with the draft policy package are questions regarding the Paid Leave and Extended Leave Policy, an example of how the policy works and an explanation of how to calculate initial paid leave and extended illness leave balances. Informational meetinqs were held with employees to provide them with an understanding of the policy as well as to answer individual questions. Honorable Mayor and City Council Page 3 The City's actuarial consultant has evaluated th~ policy and indicated that the new policy will require minimal city contributions to the retirement system in order to implement this change. III. ISSUES A. Impact of the changing workforce B. Cost C. Timing IV. ALTERNATIVES Council ~ Paid Leave and Extended Illness Leave Policy effective July 1, 1992 for all new employees hired on or after this date. Existing employees will be allowed to elect this policy up to the three years prior to their retirement date. Impact of changing workforcm is recognized given the fact that the new policy allocates leave time for employees, diverse range of needs to be off from work. Cost - this policy is designed to be cost neutral. No additional budget allocation will be required for implementation. Timing relative to City Council's action on this policy is important because City administration wishes to implement this program consistent with the sick leave renewal date, July 1. Do not approve implementation of the new Paid Leave and Extended Illness Leave Policy Impact of changing workforcm will not be dealt with effectively since current policies do not recognize diverse needs to be off from work. Cost while not a direct factor may be impacted if employees abuse current sick leave policy. Timing relative to City Council's action on this matter is not an issue if the policy is not approved. Honorable Mayor and City Council Page 4 P~ECOMMENDATION Council approve implementation of the Paid Leave and Extended Illness Leave Policy. The Department of Personnel Management will submit the policy to the Personnel and Employment Practices Commission for comment prior to approval by the City Manager. Respectfully submitted, W. Robert Herbert City Manager WRH: jh Page 1 of 7 PERSONNEL OPERATING PROCEDURE #24 Paid Leave and Extended Illness Leavo I. PurDose: To provide a comprehensive paid leave program which recognizes employees, diverse needs to be absent from work and to provide for employee and family paid time off for extended illnesses or disabilities. This procedure applies to all non-temporary employees hired on or after July 1, 1992 and to employees hired prior to July 1, 1992 who have made a timely election to be subject to this procedure. Non-temporary employees hired prior to July 1, 1992 who do not elect to be subject to this procedure shall be subject to P.O.P. #5 Vacation Leave; P.O.P. #13, Extended Leave; P.O.P. #14 Funeral Leave, P.O.P. #15 Medical Appointment Leave; P.O.P. #17 Pregnancy and Pregnancy Related Disabilities; and City Code provisions pertaining to sick leave and vacation leave. This irrevocable election must be made by completing the appropriate forms in the Department of Personnel Management by June 1 of any year with an effective date of July 1 of tha~.year.except that such electio~ must be made at least.thirty-six mont~s prior to the employee's retirement date from the City unless such election is made during the initial offering period, beginning July 1, 1992. During the initial offering period, this election must be made by June , 1992. III. Definitions: Paid L___eave - Leave for any reason deemed appropriate by the employee and approved by the supervisor. Reasons normally include, but are not limited to: vacation, personal or family illness/ disability, attendance at funerals other than for family members and for medical or other health care provider a ' ppolntments for the employee or family members. Extended Illness Leavm - Approved absence from work with pay for personal or family illness/disability which exceeds the use of twenty-four (24) consecutive regular work hours of Paid Leave or thirty-four (34) consecutive regular work hours of Paid Leave for fire suppression personnel. IV. DRAFt P.O.P. #24 Page 2 of 7 Ce Family or Family Members for purpose of this policy shall mean: 1. Immediate family - spouse, child, sibling or parent 2. Legally adopted relatives - adopted brother, sister, son, daughter, or adoptive parents 3. Natural relatives - grandson, granddaughter, grandfather, grandmother, aunt, uncle. 4. Step relatives - stepfather, stepmother, stepdaughter, stepson, stepbrother, stepsister 5. Foster relatives - foster father, mother, sister, brother, son, daughter 6. Other relatives - half-sister, half-brother 7. In-Laws - mother-in-law, father-in-law, brother-in-law, lster-ln-law, son-in-law, daughter-in-law 8. The term "great" as related to relatives such as a great grandmother or great grandson shall be limited to relatives defined in #3 above. Funeral Leave for Family Member~ is approved absence from work with pay for the death of a family member as defined in Section C. 1-8 above. Fire Suppression Employees - Employees assigned to the three platoon system. Forms in the Fire Department Notification of Leave or Absence (NLA) form is required from each employee for all absences including paid leave, extended illness/disability leave, extended illness/disability leave for family members and funeral leave. Departments shall retain NLA forms for three (3) fiscal years. V. Paid Leave and Extended Illness Leave Accrual A. Paid leave shall accrue as follows: Total Years of Service CITY EMPLO_____YEES CITY FIRE SUPPRESSION EMPL~OYEES 0 to 1 10 15 14 7 1 to 5 12 18 16 8 5 to 10 14 21 20 10 10 to 15 16 24 24 12 15 to 20 17 25.5 26 13 20 to 25 18 27 28 14 25 to 30 19 28.5 30 15 30 or more 20 30 32 16 Hours Days Hours Days Per Month Per Year Per Month Per Year Be Ce Fe Ge DRAFT P.O.P. Page 3 of 7 Initial paid leave balance for employees hired prior to July 1, .1992 shall be the employee's vacation leave balance as of June 30 during the year of election. Paid leav~e may be taken upon accrual and approval of the appropriate supervisor. The maximum annual carryover for paid leavn effective June 30, 1992 shall be 288 hours, for fire suppression employees 408 hours. Paid Leave hours in excess of the maximum carryove, on June 30 of each year shall, at the written request of the employee, be added to the Extended Illness Leave balance up to a maximum of forty (40) hours per fiscal year. Extended Illness Leave shall accrun at the rate of six (6) hours per month which equates to nine (9) days per year. Fire suppression employees accrue extended illness leave at nine (9) hours per month which equates to 4.5 days per year. Annual carryover for extended illness leave shall be unlimited. Initial Extended Illness Leave Balance for employee~ hir~rior to Julv 10 1992 shall be set according to total years of service using the attached schedule. Service time is rounded up to the nearest month. (See Attachment A) Paid Leav~e up to eighty (80) hours may be advanced to an employee by the department manager, with written concurrence of the appropriate director, council appointed officer or elected officer. Should an employee leave the service of the City prior to accrual of paid leave hours sufficient to cover the advance, the regular current rate of pay will be deducted for each outstanding hour from the employee,s paycheck. Pay deduction for an employee exempt from the Fair Labor Standards Act shall not have hours advanced or repaid for less than a full work day. Payment Upon Termination or Retirement Upon termination, payment for unused paid leave shall be limited to the carryover amount not to exceed 288 hours or 408 for fire suppression employees. Such leave shall not be used to extend time in service. 2 e Upon retirement, employees are eligible to receive 60% of the unused extended leave balance as creditable service added to the employee's retirement benefit calculation subject to the following conditions: The maximum percentage of average final compensation (AFC) shall not exceed 60%. DRAFT P.O.P. Page 4 of 7 be Unused extended illness leave may be used to extend creditable service, but shall not be used to extend vesting requirements of the Employees' Supplemental Retirement System (ESRS) or the Employee Retirement System (ERS). Employee must begin receiving a retirement allowance immediately after terminating employment. Employees not participating in the City of Roanoke Pension Plan shall receive benefits equivalent to the ESRS credit for unused extended illness leave. New Hirers shall accrue paid and extended leave for the month of hire according to the date of hire as follows: Date of Mont_____hh Percent of Leave Accrual Rat~ 1st to 7th 100% 8th to 23rd 50% 24th to last 0% Employees terminatinq employment with the City shall accrue the percentage of their paid and extended illness leave rates for the last month of service according to the day of termination as follows: Da of Month Percent of Leave Accrual Rate 1st to 7th 0% 8th to 23rd 50% 24th to last 100% Absence Without Pay (AWOP) of more than one (1) regularly scheduled work day for the employee in one calendar month, including disciplinary actions, shall cause the employee not to accrue paid leave or extended illness leave for that month. An employee who is in AWOP status on the working day before a City approved holiday or the first working day following such holiday shall cause the employee not to receive pay or holiday earned. Payment for Extended Illness Leave While Workinq for the City Upon accumulating not less than 1040 hours in the employee,s extended leave balance, 1456 for fire suppression employees, such employee is eligible to receive payment for 50% of their hourly rate for each hour earned beyond 1040 hours. Payment will be made on the basis of not less than 40 hour increments. DRAFT P.O... Page 5 of 7 VI. Oe Employees Resiqninq on and after July 1, 1992 - Effect o~ Employees who have separated from employment on and after July 1, 1992, and who are rehired shall begin their subsequent employment in a regular position with the City with a balance of zero (0) hours paid leave and zero (0) hours extended illness leave. Upon completion of six (6) months of service the employee will be credited with an hourly accrual rate based on total years of service. Extended illness leave balance will be restored to the balance at separation plus accrued hours for the current period of employment. Conversion of Available Paid Leave and Extended Illness Leave Job Transfer: Conversion of available paid leave and extended illness leave for employees transferring from Fire Suppression to other City employment shall be calculated by dividing the balance by one and four tenths (1.4). Conversion of available paid leave and extended illness leave for employees transferring to Fire Suppression from other City employment shall be calculated by multiplying the balance by one and four tenths (1.4). Transfer from other City employment to Fire Suppression shall cause the paid leave and extended illness leave balances to be converted by multiplying by one and four tenths (1.4) Usage: A. Use 1. of Paid Leav~ Paid Leave for reasons other than personal or family illness/disability must be scheduled in advanc~. Employees are responsible for providing supervisors with timely notice to permit the supervisor to make a decision as to whether or not paid leave should be granted. Specific notification requirements may be established by the department manager based upon the need for work schedule/duty assignment adjustments. Employees usinq paid leave for personal or family ~llness/disability must contact their respective department head or supervisor prior to the start of each work day to give notice of their impending absence for personal or family illness/disability. Specific notification requirements may be established by the department manager based upon the need for work schedule/duty assignment adjustments. Extended Illness Leav~ may be used for personal illness/ disability or family illness/disability. Procedures for use of this benefit are as follows: DRAFT P.O.P. #24 Page 6 of 7 2e Extended illness leave may be used for personal or family illness/disability only after twenty-four (24) consecutive regular work hours for paid leave related to personal or family illness/disability have been charged, thirty-four (34) regular work hours for fire suppression personnel. ~hen an employee returns from Extended Illness Leav,'. for less than a full work day such employee may continue to use Extended Illness Leave for the prorated portion of the day(s) not worked until returning to work for a full work day. Extended Illness Leavo for employees may be used for ongoing medical treatment subject to approval of the Department Manager and the Occupational Health Nurse. Extended Illness Leave for family members us,, as defined in III. C. 1-7 above, shall be limited to eighty (80) hours per fiscal year. 5. Unpaid Family Leav~ An employee who has exhausted paid leave and all available extended illness leave (a maximum of eighty (80) hours per fiscal year) and is absent from work due to a serious personal illness or disability, the birth, adoption or serious illness or disability of a child, spouse or parent may be granted up to 480 hours of unpaid leave per fiscal year. Leave approval is subject to the recommendation of the department manager and approval of the appropriate director, council appointed officer or elected officer in consultation with the Manager, Department of Personnel Management. Fringe benefits including health care insurance, dental insurance, life insurance, and retirement credit will continue during this leave time. The employee shall be required to make timely payments of the employee,s portion of these benefits. If the employee terminates employment within one year of the return date to work, such employee shall reimburse the City for the City portion of the cost of the health and dental benefits paid during the leave period. Notification of Absence for Extended Illness Leav,. Employees usinq extended illness leav,, must contact the department manager or supervisor in a timely manner to notify of their illness/disability or the illness/disability of their family member. If the employee is unable to contact the supervisor because of hospitalization or other circumstances beyond the employee,s control, a family member or health care provider may contact the department manager or supervisor. Specific otlflcatlon requirements may be established by the department manager based upon the need for work schedule/duty assignment djustments. a ' DRAFT Page 7 of 7 Funeral Leave for Family Members - The employee shall be permitted to be away from work for up to three (3) consecutive days which shall include days of work, rest days and holidays in the case of the death of a family member. One such day shall include the day of last rites. Such time off shall not be charged to Paid Leave or Extended Illness Leave balances. An employee shall make every effort to notify the appropriate supervisor of the employee,s intention to utilize funeral leave. Specific dates and times shall be indicated. The misrepresentation of facts as to the event of the death in question, identity of the deceased, time and place of last rites, etc., may result in disciplinary action. VII. Certification of Illness/Disability Employees may be required to leave work or not to report to work due to illness/disability. The department manager may require such employee to meet with the Occupational Nurse to make the determination for duty fitness. Employees may be required to submit to an examinatio~, by a medical doctor designated by the Manager, Department of Personnel Management whose decision as to illness or disability of the officer or employee in question may be taken as final by the Manager, Department of Personnel Management. The City shall pay the cost of this examination and the report of such examination shall be submitted to the Manager, Department of Personnel Management. At the discretion of the department manaqe]- an employee may be required to provide a medical doctor's certificate for personal or family member illness/disability in order to be granted paid leave or extended illness leave. Any work time lost due to on-the-job injury shall be charged to extended illness leave from the day following the injury until the point of commencement of Workers Compensation. AUTHENTICATION Pursuant to the authority vested in me by Section 2-61 of the Code of the City of Roanoke (1979), as amended, the foregoing regulation is promulgated this day of 1992 to be effective July 1, 1992. ' ' W. Robert Herbert, City Manager CONVERSION SCHEDULE FOR EXTENDED ILLNESS LEAVE TOTAL MONTHS OF SERVICE 1 month 2 months 3 months 4 months 5 months 6 months 7 months 8 months 9 months 10 months 11 months 12 months 13 months 14 months 15 months 16 months 17 months 18 months 19 months 20 months 21 months 22 months 23 months 24 months 25 months 26 months 27 months 28 months 29 months 30 months 31 months 32 months 33 months 34 months 35 months 36 months 37 months 38 months 39 months 40 months 41 months 42 months 43 months 44 months 45 months 46 months 47 months 48 months 49 months 50 months 51 months 52 months 53 months 54 months 55 months 56 months 57 months 68 months 59 months 60 months INITIAL 24-HOUR SCHEDULE 8 17 27 36 46 56 67 78 9O 101 112 123 133 143 153 162 172 182 192 202 210 218 227 235 242 249 256 263 270 277 284 291 298 305 312 319 326 333 340 347 354 361 368 375 382 389 396 403 410 417 424 431 438 445 452 459 465 470 476 482 ALL OTHEF 6 12 19 26 33 4O 48 56 64 72 8O 88 95 102 109 116 123 130 137 144 150 156 162 168 173 178 183 188 193 198 203 208 213 218 223 228 233 238 243 248 253 258 263 268 273 278 283 288 293 298 303 308 313 318 323 328 332 336 340 344 TOTAL MONTHS OF SERVICE 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 5 16 17 18 19 120 INITIAL BALANC 24-HOUR ALL SCHEDULE OTHER months 484 346 months 487 348 months 490 350 months 493 352 months 496 354 months 498 356 months 501 358 months 504 360 months 507 362 months 510 364 months 512 366 months 515 368 months 518 370 months 521 372 months 524 374 months 526 376 months 529 378 months 532 380 months 535 382 months 538 384 months 540 386 months 543 388 months 546 390 months 549 392 months 552 394 months 554 396 months 557 398 months 560 400 months 561 401 months 563 402 months 564 403 months 566 404 months 567 405 months 568 406 months 570 407 months 571 408 months 573 409 months 574 410 months 575 411 months 577 412 months 578 413 months 580 414 months 581 415 months 582 416 months 584 417 months 585 418 months 587 419 months 588 420 months 589 421 months 591 422 months 592 423 months 594 424 months 595 425 months 596 426 months 598 427 months 599 428 months 601 429 months 602 430 months 603 431 months 605 432 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 TOTAL MONTHS OF SERVICE INITIAL BALANCE 24-HOUR ALL SCHEDULE OTHER 121 months 608 434 122 months 610 436 123 months 613 438 124 months 616 440 125 months 619 442 126 months 622 444 127 months 624 446 128 months 627 448 29 months 630 450 130 months 633 452 131 months 636 454 132 months 638 456 133 months 641 458 t34 months 644 460 135 months 647 462 136 months 650 464 137 months 652 466 138 months 655 468 139 months 658 470 140 months 661 472 141 months 662 473 142 months 664 474 143 months 665 475 months 666- 476 months 668 477 months 669 478 months 671 479 months 672 480 months 673 481 months 675 482 months 676 483 months 678 484 months 679 485 months 680 486 months 682 487 months 683 488 months 685 489 months 686 490 months 687 491 months 689 492 months 690 493 months 692 494 months 693 495 months 694 496 months 696 497 months 697 498 months 699 499 months 700 500 months 701 501 months 703 502 months 704 503 months 706 504 months 707 505 months 708 506 months 7~0 507 months 741 508 months 713 509 months 714 510 months 715 511 months 717 512 CONVERSION SCHEDULE FOR EXTENDED ILLNESS LEAVE TOTAL :INITIAL BALANCE' TOTAL IINITIAL BALANCE TOTAL :INITIAL BALANCE! MONTHS OF I 24-HOUR ALL MONTHS OF I 24-HOUR ALL MONTHS OF I 24-HOUR ALL SERVICE ISCHEDULE OTHER SERVICE SCHEDULE OTHER SERVICE iSCHEDULE OTHER 181 months I 720 514 241 months 843 602 301 months I 966 690 182 months I 722 516 242 months I 846 604 302 months I 969 692 183 months I 725 518 243 months I 848 605 303 months I 972 694 184 months I 728 520 244 months I S~1 608 304 months I 974 696 185 months I 731 522 245 months ; 854 610 305 months I 977 698 186 months I 734 524 246 months I 857 612 306 months I 980 700 187 months I 736 526 247 months I 860 614 307 months I 983 702 188 months I 739 528 248 months I 862 616 308 months I 986 704 189 months I 742 530 249 months I 865 618 309 months I 988 706 190 months I 745 532 250 months I 868 620 310 months I 991 708 ~191 months I 748 534 251 months I 871 622 311 months I 994 710 '192 months I 750 536 252 months I 874 624 312 months I 997 712 193 months I 753 538 253 months I 876 626 313 months I 1000 714 194 months I 756 540 254 months I 879 628 3~4 months I 1002 716 195 months I 759 542 255 months I 882 630 315 months I 1006 718 196 months I 762 544 256 months I 885 632 316 months i 1008 720 197 months : 764 546 257 months : 888 634 317 months : 1011 722 198 months I 767 548 258 months ; 890 636 318 months i 1014 724 199 months I 770 550 259 months I 893 638 319 months i 10!6 726 200 months i 773 552 260 months I 896 640 320 months I 1019 728 201 months I 776 554 261 months I 699 642 321 months I 1021 729 202 months I 778 556 262 months i 902 644 322 months I 1022 730 203 months ; 781 558 263 months I 904 646 323 months i 1023 731 204 months i 784 560 264 months I 907 648 324 months I 1025 732 205 months I 787 562 265 months I 910 650 325 months I 1026 733 206 months ; 790 564 266 months I 913 652 326 months I 1028 734 207 months I 792 566 267 months [ 916 654 327 months I 1029 735 208 months I 795 568 268 months I 918 656 328 months I 1030 736 209 months I 797 569 269 months I 920 657 329 months I 1032 737 210 months I 798 570 270 months I 921 658 330 months I 1033 738 211 months I 799 571 271 months I 923 659 331 months I 1035 739 212 months I 801 572 272 months I 924 660 332 months I 1036 740 213 months I 802 573 273 months I 925 661 333 months I 1037 741 214 months I 804 574 274 months I 927 662 334 months I 1039 742 215 months I 805 575 275 months [ 928 663 335 months I 1040 743 216 months I 806 576 276 months I 930 664 336 months I 1042 744 217 months I 808 577 277 months I 931 665 337 months I 1043 745 218 months I 809 578 278 months I 932 666 338 months I 1044 746 219 months I 811 579 279 months i 934 667 339 months I 1046 747 220 months I 812 580 280 months I 935 668 340 months I 1047 748 221 months I 813 581 281 months I 937 669 341 months ] 1049 749 222 months I 815 582 282 months I 938 670 342 months I 1050 750 223 months I 816 583 283 months I 939 671 343 months I 1051 751 224 months I 8!8 584 284 months I 941 672 344 months I 1053 752 225 months I 819 585 285 months I 942 673 345 months I 1054 753 226 months I 820 586 286 months I 944 674 346 months I 1056 754 227 months I 822 587 287 months I 945 675 347 months I 1057 755 228 months I 823 588 288 months I 946 676 348 months I 1058 756 229 months I 825 589 289 months I 948 677 349 months I 1060 757 230 months I 826 590 290 months I 949 678 350 months I 1061 758 231 months I 827 591 291 months I 951 679 351 months I 1063 759 232 months I 829 592 292 months I 952 680 352 months I 1064 760 233 months I 830 593 293 months I 953 681 353 months I 1065 761 234 months I 832 594 294 months I 955 682 354 months I 1067 762 235 months I 833 595 295 months I 956 683 355 months I 1068 763 236 months I 834 596 296 months I 958 684 356 months I 1070 764 237 months I 836 597 297 months I 959 685 357 months I 1071 765 238 months i 837 598 298 months i 960 686 358 months i 1072 766 239 months I 839 599 299 months : 962 687 359 months I 1074 767 240 months i 840 600 300 months i 963 688 360 months i 1075 768 ~uestions About the Paid T~ave and ]~tended Illness Leave Policy 1. ~hat is ~he new leave policy? This policy, titled Paid Leave and Extended Illness Leave, is a comprehensive paid leave program. It is intended to address the diverse needs of our employees to be absent from work by providing sufficient leave for short term, long term and family illnesses as well as paid time off for vacation and other personal needs. 2. Do I have to take this policy? No you do not. You may, however, choose this policy prior to the beginning of any fiscal year (July 1) by completing the appropriate form and returning it to the Department of Personnel Management. Once you choose the new policy, you may not change. 3. Why is the City of Roanoke proposing a new leave policy? The recommended policy is based on the belief that employees are responsible adults, and as such, can and should be able to make personal decisions concerning how leave time is used. The current sick leave policy implies that supervisors "police" and judge an employee's use of paid leave. The recommended policy proposes to reward employees for not needing leave for illness. The current policy has no such provision, and on the contrary, focuses on justifying poor attendance, rather than rewarding work attendance. Also, it is important to note that times have changed. Employees' needs for leave have changed dramatically since the current policy was established. It is felt that the current policy does not adequately recognize for the needs of modern families such as aged parents, children of working parents or single parents. 4. How much time off do I receive under the new leave policy? The new leave policy is divided into 2 separate leave accounts, paid leave and extended illness leave. Employees who elect this policy will begin with their current vacation leave balance effective July 1, 1992 and earn additional paid leave based on the following chart: CITY EMPLOYEES CITY FIRE SUPPRESSION EMPLOYEES-24 HR SCHEDUI,E 0 to 1 10 120 15 14 168 7 1 to 5 12 144 18 16 192 8 5 to 10 14 168 21 20 240 10 10 to 15 16 192 24 24 288 12 15 to 20 17 204 25.5 26 312 13 20 to 25 18 216 27 28 336 14 25 to 30 19 228 28.5 30 360 15 30 or more 20 240 30 32 384 16 Total Years Hours Hours Days Hours Hours Days of S____~ervice Per Month Per Year Per Year Per Month Per Year Per Yea__r T~e second account, extended illness leave, is earned at the rate of six ho~ws per month or nine days per year. Your initial extended illness leave account balance is based on the schedule titled "Conversion Schedule for Extended Illness Leave" which is attached to the proposed policy. Extended Illness leave does not renew each year; however, the hours accrue on an unlimite_____~d basis. 5. How much time off do I receive under current vacation and sick leave policies? CURRENT VACATION LEAVE Total Years of Service CITY EMPL_____QOYEE~ CITY FIRE SUPPRESSION EMPLOYEES-24 HR SCHEDULE Hours Days Hours Days per Month Per year Per Month Per Year 1/2 - 5 8 12 24 12 5 - 10 10 15 30 15 10 - 20 12 18 36 18 20 - 30 14 21 42 21 30 + 16 24 48 24 CURRENT SICK LEAVE CITY EMPLOYEES CITY FIRE SUPPRESSION EMPLOYEES-24 HR SCHEDULE Total Years Hours Days Per of Service Per Yeast Year 6 months to 1 year 40 7 1 2 88 15 2 - 5 168 30 5 - 10 344 60 10 - 15 432 75 15 - 20 512 90 20 - 25 600 105 25 - 30 688 120 30+ 768 135 6. Now that I understand that I have two leave accounts, paid leave and extended illness leave, how is time charged to each account? Paid leave can be used for any reason deemed appropriate by the employee and approved by your supervisor. Paid leave is normally used for vacation, personal or family illness, for doctor appointments or for funerals other than for family members which may still be charged to funeral leave. Extended Illness Leave can be used for personal or family illness which exceeds the use of (24) consecutive paid leave hours. For instance, if you (or a family member who needs your care) has the flu for a week, the first 3 days of the illness are charged to the paid leave account. The remaining days of illness are charged to the extended illness leave account. If I have to charge medical appointments and my first three days of being sick to paid leave, why is it an advantage for me to take this policy? First of all you must evaluate your own particular situation. Remember, you are not required to take this policy and if you wish to elect this policy later in your career, you may do so. This policy does have a number of advantages, including: o Paid leave is equivalent to what you are now earning as vacation, plus 48 additional hours (6 days) per year. o You can use extended illness leave not only for yourself but for family members as well (up to 80 hours per fiscal year). e The extended illness leave account will increase by 72 hours per year with no maximum cap. Also, up to 40 hours of unused paid leave above the annual paid leave cap of 288 hours, may be transferred to your extended illness leave account at the end of each fiscal year. (July 1) e Any employee who has an extended leave balance in excess of 1,040 hours may elect to receive payment for 50% of their hourly rate for each hour earned beyond 1,040. For example, if you have 40 hours above the 1,040, you may request payment based on 1/2 your hourly rate and receive the payment while you're still working. For fire suppression employees in this example, 1,456 hours must be earned before payment may be requested. o At retirement from the City, an employee can apply 60% of the amount in their extended leave account as creditable service toward the calculation of retirement benefits. Those are some of the advantages, what are the disadvantages? o The initial 24 work hours of an illness must be charged to paid leave. o Ail medical leave appointments must be charged to paid leave. o Sick leave is not renewed annually; rather you receive extended illness leave based on the conversion schedule plus an additional 72 hours per year. o Funeral leave must be charged to paid leave. Funeral leave, taken for death of a family member, however, is still covered under P.O.P. #14 and will not be taken from your paid leave. 9. How do I decide which policy is best for me? This is an individual employee decision. What seems most appropriate to your co-worker, or supervisor, may or may not be most appropriate for you. You must decide: On the average how much sick leave do you use a year? If you use less than 6 days a year, in essence the new policy may give you more vacation time. o Do you frequently use vacation leave to stay home with sick children or other ill family members? If so, the new policy provides leave to care for sick family members. Do you fear major catastrophic illness or surgery? Some employees feel more confident knowing that they have a sick leave account that renews every year such as is available in the current leave policy. Compare your current yearly sick leave amount with your beginning balance on the conversion table. How do they compare, given your ability to accrue an additional 72 hours per year? There are advantages and disadvantages of both plans, dependent on your individual situation. The choice is yours to make. balances would be as follows on July 1, Paid Leave 102 hours Example of Paid Leave and Extended Illness Leave Use Effective July 1, 1992, John Doe chooses to be covered by the new Paid Leave and Extended Leave Policy. The employee has 3 years and 11 months of service with the City. In this situation Mr. Doe's leave 1992: This amount would vary based on how much vacation leave has been used prior to July 1, 1992. Based on Mr. Doe's time in service he accrues 12 hours of Paid Leave Per month Extended Leave 283 hours using conversion schedule 3 yrs and 11 months equals 12 months x3 vrs 36 months + 11 months = 47 months Mr. Doe accrues 6 hours per month of Extended Illness Leave On August 25, 1992 Mr. Doe scheduled and takes 3 days of paid leave for vacation. 102 hours of paid leave + 12 hours accrued during August = 114 hours 24 hours of paid leave for vacation =<24> hours Hours left after paid leave = 90 hours for vacation On September 5, 1992, Mr. Doe is supervisor and indicates that he returns to work. sick with the flu. He calls his is sick. After 2 days of illness he 90 hours paid leave + 12 hours accrued during August = 102 hrs. 16 hours used for leave for illness Personal Leave Balance = <16>hrs. 86 hrs. On January 5, 1993 Mr. Doe's wife becomes ill and must go to the hospital for surgery out-of-town. Mr. Doe goes to the hospital with his wife due to the serious nature of the surgery. As a result he is out of work for 9 work days. 86 hours paid leave + 48 hours of paid leave accrued during Sept., Oct., Nov. and Dec. = 134 hrs. Paid leave taken for family member illness <24>hrs Leave balance · = 110 hrs. After using 3 days of paid leave, Mr. Doe used 6 days of extended illness leave for a family member. Mr. Doe's Extended Illness Leave balance changed as follows: Extended Leave balance on 7/1/92 Accrued Extended Illness Leave during July, Aug., Sept., Oct., Nov., and Dec. Extended hours used for family illness = 271 hrs. = 36 hrs. 307 <48>hrs. 259 hrs. How to Calculate Your T-~t~al T~ave Bal~ce under Paid T~ave ~tended Illness T~ave Personnel ODerat~na Pr~_~_ure Determine what your current vacation leave balance will be on July 1, 1992. This amount equals your initial Paid Leave balance. Next, determine what your initial sick leave balance will be on July 1, 1992. This amount is based on your total months of service as a full-time City employee and is included on the "Conversion Schedule for Extended Illness Leave". This amount equals your initial Extended Illness Leave balance. Now that you have initial balances for Paid Leave and Ex- tended Illness Leave, remember that you accrue Paid Leave based on your years of service on a monthly basis. Extended Illness Leave also accrues based on a rate of six hours per month and is added to your initial Extended Illness Leave balance. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-25~1 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #253-144 Mr. John Hubbard Chief Executive Officer Roanoke Valley Resource Authority 3433 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Hubbard: I am enclosing copy of Ordinance No. 31054-061592 approving and authorizing execution of an amendment to the Roanoke Valley Resource Authority Members Use Agreement, as more particularly set forth and described in a report of the City Manager under date of June 15, 1992. Ordinance No. 31054-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, MFP: sw Mary F. Parker, CMC/AAE City Clerk Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 2~011 Telephone: (?03) 981-2541 SANDRA H. EAKIN I~puty City Clerk June 19, 1992 File #253-144 Ms. Mary H. Allen Clerk to the Board Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing copy of Ordinance No. 31054-061592 approving and authorizing execution of an amendment to the Roanoke Valley Resource Authority Members Use Agreement, as more particularly set forth and described in a report of the City Manager under date of June 15, 1992. Ordinance No. 31054-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. ~'""' ~-~ ~'Sincerely, ~d.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. MARY F. PARKER City Clcrk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 19, ~992 File//253-144 Ms. Carolyn S. Ross Clerk of Council Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Ms. Ross: I am enclosing copy of Ordinance No. 31054-061592 approving and authorizing execution of an amendment to the Roanoke Valley Resource Authority Members Use Agreement, as more particularly set forth and described in a report of the City Manager under date of June 15, 1992. Ordinance No. 31054-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Noel C. Taylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 19, 1992 Council Members: David A. Bowers Elizabeth T Bowles Beverly 'i2 Fitzpatrick, Jr James G. Harvey, II William White. Sr. File #253-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31054-061592 approving and authorizing execution of an amendment to the Roanoke Valley Resource Authority Members Use Agreement, as more particularly set forth and described in a report of the City Manager under date of June 15, 1992. Ordinance No. 31054-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw rnc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jeffrey A. Cromer, Manager, Roanoke Regional Landfill IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of June, 1992. No. 31054-061592. VIRGINIA AN ORDINANCE approving and authorizing the execution of the First Amendment to the Roanoke Valley Resource Authority Members Use Agreement upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The First Amendment to the Roanoke Valley Resource Authority Members Use Agreement as set forth and described in the report by the City Manager to this Council dated June 15, 1992, is hereby formally approved and the City Manager and the City Clerk are hereby authorized to execute and attest respectively said document, in form approved by the City Attorney. 2. In order to provide for the usual dally operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon lts passage. ATTEST: City Clerk. Roanoke, Virginia June 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: First Amendment to Landfill Use Agreement I. Background: ao Member Use Agreement~ dated October 23~ 1991, between the Roanoke Valley Resource Authority and the Charter Members, e.g. Roanoke City, Roanoke County, and Town of Vtnton provides for the following: No flow control, e.g. there is no requirement that the member governments or their private hauler use the new facilities. We believe we have made a case that there is competitive flow control. One of the bond rating agencies feels the Charter Members should at least agree to take government collected waste to the new facilities. o Annual budget and any amendment thereto must be approved by the Charter Members. The rating agencies are concerned that if the annual budgets are not approved, there can be no operation and no revenue stream. While there is a moral obligation in the Member User Agreement for the Charter Members to underwrite any deficit, there are kick out provisions to the moral obligation provisions. Also, the rating agencies maintain that if there is no budget approved and no disposal operation, there is concern about the security of the bonds. 3. Termination provisions under certain circumstances. Revisions to the Member User Agreement are needed to secure a bond rating. Most suggested revisions are limited to the term of the proposed 1992 Solid Waste Disposal Bond Issue. D. First Amendment would provide for the following: Charter Member Users agree to transport all member government generated waste and all member government collected waste (either by government trucks or in trucks of private haulers under contract to the government) to the new facilities. Page 2 II. Issues: Continuation of operation at the previous level of annual operating budget if a new budget is not approved by Charter Members. No termination of the Member User Agreement while the 1992 bonds are outstanding. A. Approval of the First Amendment B. Bond Rating III. Alternatives: IV. Council approve the First Amendment to the Member User Agreement in form approved by the City Attorney. 1. Approval to execute the Amendment will be granted. 2. Bond rating will be issued. Council not approve the First Amendment to the Member User Agreement. 1. Approval will be denied. Bond rating will not be granted and the proposed bonds will be unmarketable. Reco~endation: Council approve the First Amendment in form approved by City Attorney in accordance with Alternative "A". WRH:KBK:afm cc: City Attorney Director of Finance Director of Utilities & Operations Respectfully submitted, ~./Robert Herbert C~y Manager Chief Executive Officer, Roanoke Valley Resource Authority FIRST AMENDMENT TO ROANOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT THIS FIRST AMENDMENT TO ROAINOKE VALLEY RESOURCE AUTHORITY MEMBERS USE AGREEMENT (the "Fi~st Amendment") is made as of Jtine 1, 1992, by and among the ROANOKE VALLEY RESOURCE AUTHORITY, as ~uccessor to the Roanoke County Resource Authority (the "Authority,,), the CO[~TY OF ROANOKE, VIRGINIA (the "County"), the CITY OF ROANOKE, VIRGINIA (the "City") and the TOWN OF VINTON. VIRGINIA (the "Town"}; each of which are political ~u~ivimions o~ =ne Commonwealth of Virginia. R~CITALS WHEREAS, the parties hereto entered into the Roanoke Valley Resource Authority Membe~ Use Agreement dated October R3, 1991 (=he "Members Use Agreement") under which t~e Authority agreed to acquire, const~'uct al%d equip a ~egional waste dimpo~al consist4ng of a landfill and transfer station and related ~ructures and equipment (the "System"), and to provide financing therefor in order to dispose of all nonhazardous solid waste dellv~z.~d Lu Lh~ Syutcm by or on behalf of the County, the City and the Town (collectively, the "Charter Members"}. W~R~AS, t~c Authority has starte~ the ~esign an~ planning of the System, has acquired certain land therefor and has developed a P~Opg$~ ~a ~£ £~a~n~ia9 £9~ ~h~ issuance of its Solid Waste System Revenue Bonds, Series 1992 (the" ^ WHEREAS, in order to facilitate the sals by the Authority of the ~ Series ~992 Bonds and enhance their mreditworthiness, the parties hereto desire to enter into this First Amendment to make certain modi, fications to the Members Use Agreement. In consideration of the foregoing, the Authority and the Charter Members eauh agree as follows: ARTICLE I Definitions The capitalized terms in this First Amendment have the meanings given to them in the Members Use Agreement unisys otherwise defined. ARTICLE ii Amendment of~e~ors Use ~~dmsnt to Definitions. Article I of the ~~J~.~t~ hereby ~a. en~s~ bY ad4ihu the follow~ng ~on~.~.~d~d Waste" means matecial ~verte~ ~CoE the ~ullcab]e re~i~em-~s o~ irate and ~ede~al lay ~ection 2.2 ~t to Se~. section 4.1 of the Members U~e A~rmement is amended in its entirety to read as follows: Sectlo~ 4.1 ~ry ond Acceotancc. (a) Beginning on the Start-up Date and cont~muing throughout the term of this Agrecment the Authority agrees to accept and dispose of Acceptable waste delivered by or on behalf of the Users in accordance with the terms of this Agreement for the use£ul life of the Landfill, and agrees to do so at and through the Facility unless an Uncontrollable Circumstance renders all or a portion of the Facility inoperable. In such case the Authority will provide for disposal at an alternative site after consulting with the Charter M®mbsrs. The Authority further agrees to use its best efforts to operate the Facility as economically as possible and to maintain a competitive Tippir]g Foe ~%ructure to encourage use of thc Pacility by Private Haulers. (b) Each User shall have the right to deliver, or cause to be delivered, to the Facility all Acceptable Waste generated within its political jurisdiction. Indenture, each Charter Member User further agrees to deliver, or cause to be delivered, to the Facility all Acceptable Waste, except Recycled N&s~e. which is generated or collected Dy t~e Charter Member User, collected by a Designated Hauler, or collected by any othe~ waste hauler who collects Acceptable Waste on behalf of the Cha~ter provido a c~nstant revenue stream to the Authority in recoqnition ~f the fa~t that Private Haulers have no legal obligation to use thc -3- Section 2.3 Members Use Agreement ~ to Section ~.~. Section 5.9 of the is hereby amended to read in its entirety Section 5.9. Annual ~udget. The Authority shall provide to the charter Member Users for approval on or before each April 1 its annual budget for the upcoming k'imcal Year ("Annual Budget',). The Authority shall also provide to the Charter Member Users for approval in advance any amendment of any kind to the Annual Budget. The Annual Budget ~hall set, forth (]) the budgeted Operating 0osts fun' such Fiscal Year, itemizing each category o~ expenditure including the amount the next Fisca! Year; for such Fiscal Year; for such Fiscal Year. of Debt Service Payments coming due in (ii) the budgeted Operating Revenues and (~ii) the budgeted expenditures The Authority shall also provide Operatin~ Costs and ODgr~ln~ Rmvem]m~ fnr the then ~iscat Year. The Annual Budget for an upcoming Fiscal Year and any amendments thereto shall not be effective and no expenditures shall be made by AUthority under tbs proposed Annual Budget unless and un:il such Annual Budget and any amendments have been approved by the governing bodioo of County, city and Town, such approval not to be ~Anreasonably withh~l~. !f ~.~_~=~on~ am t~e series lgg2 Bon~s aN- ~un~er ~h~ Indenture. ~h- Authority shall ~elnu= ww~,l, lnW within Lne expenditure levels approved under the Annual ~udget for the immediately preceding Fiscal Year until such time as a new Annual Budget is approved.= Thereafter. the Authority shall not inour any expense in &nv ~~_~= unless the Annual Buduet for euoh year Section 2.4 ~to Article V~. Article VI of the Members Use Agreement is hereby amended in its entirety to read as follows: ARTICLE VI DEFAULT AND TERMINATION Section 6.1. k~Default: Limitations on Termi~_ i~. (a) In the event of the breach by any party of an obligation under this Agreement, the right to recover damages or to be reimbursed will ordinarily constitute an adequat~ remedy. The partiec hereto agree that ~s long as any Bond~ remain u~paid or ~hei~ pay~t l%a~ ~u[. b~n provided for in accordance with the Indenture, no party may terminate its obligations under this A~reement. (b) The Authority may refuse to accept a~y A=~Dt~bl= W,,~.~ t.h~L 1~ coliec~e~ Dy a User if such ~lser fails to pay any amount due hereunder until the amount and any late payment interest on ~t have been paid if the Authority has mailed a written not~ce of the failure to pay the amount duu under this A~ree~ent to suu:h U~e£ at the ~r~ns to which invoicm~ mre £ont by oartified mail accompanied by a cnpy of the invoice for the unpaid amount. (c) The parties hereto acknowledge that, in the event of any Event of Default the non-defaulting party ~hal] be entitled to recover, to the extent Droven, all o~ their &umpect~ve damagem, i]]¢ludin~ incidental and consequential damages, caused by such Event of Default. The parties hereto agree that damages for any such Event of Default may include, without limitation; (i) amounts payable undmr this Agreement ([noluding, Without limitation, Tipping Fees); (ii) lost revenues and damages under any contract unable to be performed or realized, in whole or in part, by reason of such ~vent of Default; (~i) accelerated amounts if requ~r.d under any co~tract or agreement as a result of an Event of Default ~ecif4ed in ~ection 6.](a); (iv) 4nt.rest from the date of payment on any amounts borrowed or required to be advanced in connection with ~uch Event of Default, ~ncludinq interest o.] amounts paid to mitigate damages or prevent a default £r~m arising under any agreement relating to the Facility or its Operations; (v) increased Operating and (vi) reimbursement for all reasonable expenses and costa, including the Ices and exDenses of its counsel, incurred in connection with any proceeding brought to recover such damage~ or to enforce the provisions of this Agreement. To thc extent permitted by Applicable Law, the p~r~ies hereto hex=by w~ive th~ rlgh= =o 5rial by jury in any action or proceeding brought to enforce, construe or recover damages for any breach of this Agreement. Section 6.2. Events of Default by Authority. The following shall constltu%e an Rvemt of Default by the A%lthority ("Authority Default"): (a) The Authority's persistent or repeated failure or refusal substantially to fu~£ill any of its material obligations to any User in accordance with this Agreement unless such failure or refusal shall Dc excused or ]ust~fied by an l;ncont~lla~]~ C~rcumstance or a ~0fault by a User hereunder; provided, however, that no such failure or refusal shall constitute an Authority Default unless and until: (1) Such user has given written notice to Authorit~ stating that in ~ts opinion a particular default or defaults (described in reasonable detail is sugh notice) exist that will, un]ess corrected, constitute a material, breach of this Agreement by the Authority and that will in its opinion give User a right to reimbursement or to recover =amages under this Agreement, or after all S_91i~ 1~__~ Bonds ~ave been paid ~r.~ .~~~_~, a right to terminate ~ts obligations hereunder, unless suc~ default ~s corrected w4thin a r~asonable period of time, and (i,i) Author~ty nas neither corrected ~uch default nor 4~itiated reasonable steps to correct it w~thin a reasonable period of time (which shall in any -7- eve.t be not less than thirty days ~=om the dat~ u£ receiDt of the notice given pursuant to clause (i) of this Section); provided that if the Authority has commenced to tak~ reasonable steps to correct such default within such reasonable period of time. it shall not constitute an Authority Default for as long as the Authority i: continuing to take f-asonable ~teps to correct it. Section 6.3. Events of Default by Users. ~ach of the fo]lowing shall constitute an Event of Default by a User ("user Default,~): (a) The failure by a User to pay any amount under thi~ Agreement within ~0 days after receipt of w~itten invoice therefor; provided that failure to pay such User's Pro Rata Share as a result of failure of the governing body of such User to appropriate the necessary monies shall not constitute a U~r Default; or (b) The failure or refusal by a User to fulfill any of ~ts obligations to Authority in accordance with this Agreement unless ~uch failure or refusal ~s excused or justified by an Uncontrollable Circumstance; provided that no such failure or refuse! shall constitute an Event of Default un/ems and until: (i) Authority ha~ given prior written notice to ~uch ti.er stating that in its oDinion a ~rtiuular default or defaults (described in reasonable detail in such notice) exist which will, unless corrected, ~Qnstitu~ n I~aL~ria~ breach of thio Agreemen~ on the part of the User and which will in its opinion give Authority a right to reim~ureement, recover damages or refuse service under this Agreement for cause under th~s Section unless such default is corrected within a reasonable period of time, and (ii) Such user ham neither corrected such default nor initiated reasonable eteps to correct it within a reasonable per~od of time (which in any event shall not be less tha~ five days from the d.~l.~ of the nuLiue given pursuan: to clause (i) of th~s S.ction); provided that if the User has co~lenced to take reasonable steps to correct such default within suc~ reasonable period of time, ~t shall not constitute an event of Default ~or as long as the User is continuing to take reaeonable steps to correct it, unless such default creates an emergency situation which may ~n~ange~ public health or safety, threaten ~ environment or e~danger the continued operation of the Lsndfill, in which case an Event of Default shall be deemed to have occurred iZ suc~ default is not corrected within ten days or lose. Section 6.4. Termination on ~efault. After all ~..Bonds have ~een paid or their payment provided for and they are no lon~er considered outstanding under thc Indenture, any User, after giving written notice, to ali parties may terminate this Agreement with respect to itself upon the occurrence of an Authority Default to the extent permitted by Applicable Law. The termination of th~s Agreement by any User shall not terminate this Agreement as to any other User. The proper exercise of the right ~f termination shall De in addition to and not in substitution for, such other remedies, whether damages or otherwise, of the party exercis~fl~ the right of termination. Subject to the terms and conditions of this Agreement, i.f any User fails to pay i~s Tippif~9 Fees er fails to pay its Pro Rata Share after appropriations therefor have been made, such User shall remain l£a~le for such amounts and shall continue to bc bound by this Agreement. Section 6.5. ~_urvival of Certain R__~n~ Obli_q~s. Thls Aqreement sh~ll r~main in full force and effect a~ lung as any ~erles 1~ Bond~ remain unpaid ~r their paymunt has not been provided for u~der the Indenture. Thereafter, this Agreement may be terminated, but no termination of this Agreement shall limit or otherwise affect the riqhts and obligations of any party that have accrued before the date of such termination. Additionally, all obligations of Users with regard to any Unacceptable Wastes ~hall survive the terminat%on of t~is Agreement. Section 6.6. Resolution Of. DisPutes. The parties agree =hat should any question arise between the Authority and a U~¢r who ts a signatory to this Agreement relative to either engineerin9 or accounting, it shall be resolved as follows: (a] If as to engineering, then by a majority of a committee of three composed of an engineer appointed by the Authority, an englnemr appointed by the User affected, a~ provided, however, should ~h¢ first two appointees not be able to select the third appointee within thirty (30) day~ following the date of appointment of the last of the fi?'st two appointees, ~hen and in that event, application for appointment of the third arbitrator shall be made to the of Virginia whic~ Co~mo~wealth arbitrator. (b) shall appoint the third If as to accounting, then by a majority of a committee of three composed of the Chief Financial Officer of the affected User, thc Authority's chief financial officer, and an ~nd~pendent certified public accountant, to be chosen by the foregoin9 two; Drovdded, however should the first two appointees not be able to select the third appointee within thirty (30) days followdng the date of appointment of the last of the first two appointees then application for appointment of the third arbitrator shall be made to the Circuit Court judges of the 23rd Judicial -11- Circuit nf the Commonwealth of Virginia which ~hdll appoint the third arbitrator. (u) In either ca~, the charqe of the independent indivi4ual ~hall be borne equally by the affected User and the Authority. ARTICLE III Mtscellaneou~ clause, proviuicn or section of this First Amendment is held to be illegal or invalid by any co~t, the invalidity of the clause, provision or suction will not a~fect any of the remaining olA~a, provisions or sectionc, and this Fi~at Amendment will be construed and enforced as if the illegal or invalid clauso, provision or section had not been contained in it. Section 3.2 C~rts. This First Amendment may ~e o×ecuted i~ any n~mber of counterparts, each of which, when so o×ecuted and delivered, will be an original, and the counterparts taken ~ogether will constitute one and the same instrument, Section 3.3 G~vern~nq Law. This First Amendment will be ~ov~rn~d by the laws ~f ~h~ Commonwealth of Vi~'~inia. Section 3.4 Amendments. This First Amendment may be amended only in accordance w~th the provisions of the Members Use Agreement, Seotion 3.5 Effectiveness of Members Use AGreement. ~xcept as e~r~ss~y ame~dud in this Fir£t Amendment, ail te~s and previsions of the Members Use Agreement shall remain in affect and the Members Use Agreement shall be appended hereto and is incorporated hurein by this reference. I~ WITNESS WHEREOF, thc parties have caused this First Amendment to be e×ecuted as of the date above written. ROA/~OKE VALLEY RESOURCE AUTHORITY By: Its; COUNTY OF ROkNOI(R, VIRGINIA By: Its: CIT~ OF ROANOKE, By: Its; VIRGINIA TOW~ OF VINTON, VIRSINIA By: Its; MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S.W., Room 4~6 Roanoke, Virginia 2~011 Telephone: (703) 981-2:541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31056-061592 authorizing execution of an amendment to the contract with Dewberry and Davis, in the amount of $1,194,650.00, to provide Phase II-A and Phase II-B Environmental Assessment Services for the Roanoke River Flood Reduction Project, as more particularly Set forth in a report of the City Manager under date of June 15, 1992. Resolution No. 31056-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. John A. Peters, III, Civil Engineer Mr. Barry L. Key, Manager, Office of Management and Budget 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) 981-2.541 SANDRA H. EAK1N Deputy City Clerk Juno 19, 1992 File #237 Mr. Jeffrey T. Cochran, P. E. Dewberry and Davis 5238 Valley Pointe Parkway, N. W. Suite lB Roanoke, Virginia 24019 Dear Mr. Cochran: I am onclosing copy of Resolution No. 31056-061592 authorizing execution of an amendment to the contract with Dewberry and Davis, in the amount of $1,194,650.00, to provide Phase II-A and Phase II-B Environmental Assessment Services for the Roanoke River Flood Reduction Project, as more particularly set forth in a report of the City Manager under date of June 15, 1992. Resolution No. 31056-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31056-061592. A RESOLUTION authorizing the execution of the First Amendment to the contract with Dewberry and Davis to provide Phase II environmental assessment services for the Roanoke River Flood Reduction Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City to execute and attest respectively a First Amendment to the agreement with Dewberry and Davis for the provision by such firm of Phase II-A and Phase II-B environmental assessment services for the Roanoke River Flood Reduction Project as more particularly set forth in the June 15, 1992, report of the City Manager to this Council. 2. The contract amendment authorized by this ordinance shall not exceed the amount of $1,194,650.00 without further authorization of this Council. 3. The form of the contract amendment with such firm shall be approved by the City Attorney. ATTEST: 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 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #60-237 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31055-061592 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for the transfer of $1,194,650.00 from Roanoke River Flood Reduction Project - Land Acquisition, to Roanoke River Flood Reduction Project - Environmental Assessments, in connection with an amendment to the contract with Dewberry and Davis, to provide Phase II-A and Phase II-B Environmental Assessment Services for the Roanoke River Flood Reduction Project. Ordinance No. 31055-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. John A. Peters, III, Civil Engineer Mr. Barry L. Key, Manager, Office of Management and Budget ZN THE COUNCIL OF THE CZTY OF RO~NOKEt VIRGZNIA The 15th day of June, 1992. No. 31055-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riattons Other Infrastructure RRFRP - Environmental Assessments RRFRP - Land Acquisition (2) ........................ 1) Appropriations from General Revenue 2) Appropriations from General Revenue (008-056-9623-9003) (008-056-9619-9003) $19,819,536 (1) ............... 1,194,650 1,061,867 $ 1,194,650 (1,194,650) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '92 Roanoke, Virginia '2~June 15, 1992 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Flood Reduction Project Phase II Environmental Site Assessments I. Backqround: Acquisition of property rights (outright purchase, easements and/or right of way) is the City of Roanoke's primary responsibility (financial and manpower) for the Roanoke River Flood Reduction Project. This responsibility includes producing plats, obtaining independent property valuations, making offers, preparing deeds, recording executed deeds and acquiring the property interests, through condemnation if necessary. Federal environmental leqislation and requlations impose significant potential liability upon purchasers of property rights in real property. To provide maximum protection against liability, the City must make reasonable efforts to determine if each parcel has potential environmental problems prior to purchasing. Environmental Assessments have been determined by the Corps of Engineers to be a project cost element as defined in the Local Cooperative Agreement. City Council authorized the execution of a contract with Dewberry and Davis in the amount of $152f000 for a Phase I Environmental Assessment. This contract included detailed record searches and field investigations. The Phase I contract anticipated the possibility of a Phase II Environmental Assessment to be performed by Dewberry & Davis based on the information compiled including suspect conditions that would warrant more detail study and testing. Suspect conditions included underground storage tanks that do not comply with recently approved EPA regulations, old abandoned landfills, prior suspect usage of property, outside storage of chemical in barrels, etc. Page 2 II. Current Situation: III. Phase I Environmental Assessments identified 143 of 237 parcels (46 property owners of 88) that required additional research and/or testing. The additional research has been broken into Phase II-A and II-B. Phase II-A Environmental Assessments will determine the presence of hazardous substance, materials or waste (HSMW) and where possible the degree and extent of contamination. This effort has an estimated cost of $709~000.00. Phase II-B Environmental Assessments will determine the degree, amount of HSMW, and the exact impact of such material on the area proposed to be acquired. This effort is estimated to have a maximum cost of $484z950.00. Since much of this information may be determined during Phase II-A, it is not anticipated that the full cost of the Phase II-B will match the estimate. The Local Cooperative Aqreement provides for a cost share credit of 95% Federal and 5% Local for Environmental Assessments. The Federal Government will provide their share of the cost as credits to the City for the City's share of cost during construction in lieu of the City paying for their share in cash up to the limit of the credit. Copy of the proposed entire contract document between the City and the Corps of Engineers is on file in the City Clerk's office. Issues: A. Leqal: B. Timinq: C. Cost: D. Fundinq Page 3 IV. Alternatives: ao Award an amendment to the contract with Dewberry & Davis in the amount of $1,194,650.00 for a Phase II Environmental Assessment. Leqal concerns with the requirements of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1987 will be addressed. Timinq for completion of the Environmental Assessment will be February 5, 1993. The Roanoke River Flood Reduction Project would be scheduled to go to construction in the spring of 1994. Cost would be controlled by unit prices outlined in the Contract and approvals of individual site "work plans" by both the Corps of Engineers and the City. Fundinq is available in Account No. 008-056- 9619-9003 entitled Roanoke River Flood Reduction Project-Land Acquisition. Cash credits from the Corps of Engineers for 95% of the cost would be made during performance of the contract. Do not award a unit price contract with Dewberry & Davis for a Phase II Environmental Assessment, then advertise for another Consultant to perform a Phase II Environmental Assessment. 1. Leqal requirements of CERCLA would be addressed. Timinq for completion of the Environmental Assessments would be delayed by at least three (3) months. Cost of the Environmental Assessments would be controlled by unit prices and review of individual site "work plans." However, a new consultant would likely charge additional fees to review the Phase I Environmental Assessments and for a cursory field reconnaissance. Page 4 Fundinq is available in Account No. 008-056-9619-9003 entitled Roanoke River Flood Reduction Project-Land Acquisition. C. Do not award a unit price contract for a Phase II Environmental Assessments. Leqal requirements of CERCLA would not be addressed against the strong recommendation of the City Attorney. Timinq for beginning construction would be the summer of 1993. 3. Cost of a Phase II Environmental Assessments would be a mute issue. 4. Fundinq would remain available. Recommendation: Authorize the City Manaqer to execute an amendment to th~ contract, in form approved by the City Attorney, for a Phase II Environmental Assessment with Dewberry & Davis in the amount of $1~194~650.00. Authorize the Finance Director to transfer $1~194~650.00 from Account No. 008-056-9619-9003 to an Account entitled RRFRP-Phase II Environmental Assessments. Respectfully Submitted: W. Robert Herbert City Manager WRH/JAP/jap CC: City Attorney Director of Finance Director of Utility and Operations Director of Public Works City Engineer Construction Cost Technician MARY F. PARKER City Cleric CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #60-270-217-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31057-061592 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for the transfer of certain funds to appropriate capital improvement reserve accounts in order to close out certain completed capital projects. Ordinance No. 31057-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, f~x~.~..~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Development Mr. George C. Snead, Jr., Director, Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI~ The 15th day of June, 1992. No. 31057-061592. AN ORDINANCE to amend and reordain certain sections of the 1991-92 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &ppropr~ations Education Renovate Crystal Spring Elementary School (1) ..... Renovation of Forest Park Elementary (2) .......... General Government Communications Control Center (3) ................. Recreation Norwich Park Path Improvements (4) ................ Improvements to 7 Parks (5) ....................... Grandin Court Recreation Center (6) ............... Improvements to 4 Parks in 1991 (7-8) ............. Streets and Bridges Franklin Road Bridge Rehabilitation (9) ........... Hollins (Read) Road Bridge Replacement (10) ....... Sanitation Peters Creek - Meadowbrook (11) ................... Neighborhood Storm Drain - 91 (12) ................ Storm Drain Cross Connection (13) ................. Other Infrastructure Special Capital Project FY91 (14) ................ Peters Creek Flood Reduction - Peer Review (15).. Downtown Project RRHA 3 Floors (16) .............. Downtown Project City 3 Floors (17) .............. Downtown Improvement Project-Nonbuilding (18) .... Retaining Wall - Campbell/Patterson (19) ......... Capital Improvement Reserve Capital Improvement Reserve (20-22) ............... Public Improvement Bonds - Series 1988 (23) ....... $ 10,665,833 2,213,097 4,452,736 11,483,158 1,047,218 517,538 7,578 157,820 53,174 193,966 8,304,574 679,433 764,203 2,233,920 32,232 146,942 38,351 19,809,374 40,913 5,314,529 5,377,657 2,641,944 14,042 6,721,182 359,925 47,242 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13' 14' 15 16 17 18 19 20) 21) 22) 23) Appropriated from Bond Funds Appropriated from Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from Genera Revenue Appropriated from Bond Funds Appropriated from Genera Revenue Appropriated from Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from Bond Funds Appropriated from Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from Third Party Appropriated from General Revenue Appropriated from General Revenue Buildings and Structures Storm Drains Streets and Bridges Storm Drains (008-060-6073-9001 (008-060-6075-9001 (008-052-9514-9003 (008-050-9635-9003 (008-050-9636-9003 (008-050-9677-9001' (008-050-9678-9003 (008-050-9678-9001) (008-052-9602-9003) (008-052-9620-9003 (008-052-9669-9001 (008-052-9674-9001 (008-052-9670-9003 (008-052-9608-9003 (008-052-9640-9003 (008-052-9647-9003 (008-052-9648-9004 (008-052-9649-9003 (008-052-9679-9003 (008-052-9575-9173 (008-052-9575-9176 (008-052-9575-9181) (008-052-9603-9176) $(1,952,736) 1,952,736 ( 52) ( 722) ( 2,418) ( 826) 3,140 826 ( 26,832) ( 2,739) ( 2,769) ( 3,473) 5,817 ( 5,817) ( 3,387) ( 374,971) ( 301,843) 676,814 ( 958) 52 3,387 30,529 6,242 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. June 15, 1992 '92 J'.~, 10 q! :27 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Closeout of Accounts for Completed Capital Projects Background: A. Capital projects of all types have been approved by Council for Construction over the past years. These projects have included construction in major categories for buildings, parks, highways, sanitary sewers, and storm drains. Funding is established for each project when Council approves the construction based on the bids for the various construction costs, as well as extra funding for possible contingencies. Completed projects have relatively small amounts of contingency funds remaining after final bills are paid because most projects are completed within the established budgets. II. Current Situation: A. Council authorization to closeout projects is needed in order to clear the completed projects from the current project listing. B. Remaining funds need to be transferred from the completed projects to capital projects still under construction or to capital improvement reserve accounts for other future construction. Honorable Mayor and Members of City Council Page 2 June 15, 1992 III, A. Authorize the closeout of completed capital projects. B, Transfer funds into appropriate capital accounts as included on the accompanying budget ordinance. JMS/kp Attachment MARY Fo PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31058-061592 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing for certain appropriation transfers for Internal Service Fund charges. Ordinance No. 31058- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget the emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31058-061592. AN ORDINANCE to amend and reordain certain sections of 1991-92 General Fund Appropriations, and providing for an for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Clerk (1) ........................................ Office of Management and Budget (2) ................... Economic Development/Grants (3) ....................... City Attorney (4) ..................................... Director of Finance (5) ............. office of Billings and Collections (~i~~ Municipal Auditing (7) ................................ City Treasurer (8) ................ commissioner of Revenue (9) ....... Real Estate Valuation (10) ........ Jail (11) ......................... Commonwealth's Attorney (12) ...... Clerk of Circuit Court (13) ....... General Services (14) ............. Police Services (15) Fire Administration i~i22212222~2 Emergency Services (17) ........... Emergency Medical Services (18)... Recreation (19) ...... Building Inspections i~6i~ Communications (21) Community Planning (23) .............................. Director of Human Resources (24) ..................... Social Services Administration (25) .................. Nursing Home (26) .................................... Libraries (27) ....................................... $ 4,939 6,627 3,150 5,343 460,865 287,223 13,621 154,376 252,091 70,393 191,694 5,118 8,343 1,614 201,992 13 931 i 138 30 670 11 419 48 461 15.395 8 915 19 210 911 20,450 2,200 67,628 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26) 27) 1) 2) 3) 4) 5) 6) 7) City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems City Information Systems (001-001-1120-7005) $ 2,839 (001-002-1212-7005) (16,000) (001-002-8120-7005) ( 144) (001-003-1220-7005) 4,083 (001-004-1231-7005) (172,530) (001-004-1232-7005) 99,304 (001-005-1240-7005) ( 2,906) (001-020-1234-7005) ( 6,640) (001-022-1233-7005) 91,517 (001-023-1235-7005) 4,806 (001-024-3310-7005) 50,339 (001-026-2210-7005) 3,678 (001-028-2111-7005) ( 6,000) (001-050-1237-7005) ( 737) (001-050-3114-7005) 15,000 (001-050-3211-7005) ( 7,365) (001-050-3520-7005) ( 862) (001-050-3521-7005) 4,619 (001-050-7110-7005) ( 13,131) (001-052-3410-7005) ( 15,000) (001-052-4130-7005) 6,711 (001-052-4310-7005) 3,000 (001-052-8110-7005) 16,258 (001-054-1270-7005) ( 238) (001-054-5311-7005) ( 19,000) (001-054-5340-7005) 2,200 (001-054-7310-7005) ( 43,801) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk CITY OF ROANOKE, VA, June 15, 1992 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriations Transfer of Internal Service Fund Charges The City of Roanoke's Internal Service Fund accounts for certain service- providing departments. The service providing departments within the Internal Service Fund recover the costs of providing those services by charging the receiving departments, Budgeted funds for internal services are allocated in each fiscal year's budget throughoutthe various departments based on estimated usage. Usage usually varies from the original estimates. Each fiscal year at this time it is necessary to make appropriation transfers between several of the departments to provide sufficient funds for internal services for the remainder of the fiscal year, These transfers do not increase the original overall budget, only reallocates amounts between departments. The attached ordinance will recommend it for your approval. JMS/kp Attachment accomplish the needed transfers. I (j/VDi~ector of Fina~.~ MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318-145 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93, as more particularly set forth in a report of the Committee under date of June 15, 1992, in the amount of $279,685.00; and further authorizing you to negotiate a contact for up to $22,600.00 with the Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Chairperson, Citizens' Services Committee Ms. Donna S. Norvelle, Human Resources Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Richard Dickson ARC/CHD Industries P. O. Box 6157 Roanoke, Virginia 24017 Dear Mr. Dickson: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to ARC/CHD Industries, in the amount of $29,300.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Stuart Israel TRUST 360 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Israel: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to TRUST (Roanoke Valley Trouble Center), in the amount of $7,425.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Curtis Andrews RADAR 306 Sixth Street, S. W. Roanoke, Virginia 24016 Dear Mr. Andrews: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Unified Human Transportation Systems (RADAR), in the amount of $22,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno o 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 Deputy City Clerk June 19, 1992 File #318 Mr. Garry Lautenschlager Western Virginia Emergency Medical Services P. O. Box 926 Salem, Virginia 241§3 Dear Mr. Lautenschlager: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Western Virginia Emergency Medical Services, in the amount of $6,730.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~t~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Katheryn Hale West End Community Center P. O. Box 4562 Roanoke, Virginia 24015 Dear Ms. Hale: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to West End Community Center, in the amount of $4,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, f~_. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~anoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Joseph Gaither Inner City Athletic Association 419 Rutherford Avenue, N. E. Roanoke, Virginia 24011 Dear Mr. Gaither: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Inner City Athletic Association, in the amount of $1,800.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 Deputy City Clerk June 19, 1992 File #318 Dr. Ruth S. Appelhof Executive Director Roanoke Museum of Fine Arts One Market Square Roanoke, Virginia 24011 Dear Dr. Appelhof: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for ailocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Roanoke Museum of Fine Arts, in the amount of $500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Kathy Stockburger Executive Director Conflict Resolution Center, Inc. P. O. Box 1185 Roanoke, Virginia 24006 Dear Ms. Stockburger: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Con_flict Resolution Center, Inc., in the amount of $2,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, fO,.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 19, 1992 File #318 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T Fitzpatrick, Jr. James G. Harvey, II William White, Sr. Ms. Terri L. Cornwell Executive Director The Arts Council of the Roanoke Valley 20 East Church Avenue Roanoke, Virginia 24011 Dear Ms. Cornwell: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for ailocation of City funds to various nonprofit agencies for fiscai year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to The Arts Council of the Roanoke Valley, in the amount of $2,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. MFP: sw Sincerely, Mary F. Parker, CMC/AAE City Clerk Eric. MARY F. pA.u KI~R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2_~41 Deputy city Clerk June 19, 1992 File #318 Dr. H. Preston Boggess, Chairperson Roanoke City Health Department (CHIP) 402 Luck Avenue, S. W. Roanoke, Virginia 24016 Dear Dr. Boggess: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Roanoke City Health Department (CHIP), in the amount of $5,200.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. 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 Deputy City Clerk June 19, 1992 File #318 Ms. Betty Burris Adult Care Center 2707 Williamson Road, N. E. Roanoke, Virginia 24012 Dear Ms. Burris: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Adult Care Center, in the amount of $4,180.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~o~c~._ 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, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Gall Burruss Bethany Hall 1109 Franklin Road, S. W. Roanoke, Virginia 24016 Dear Ms. Burruss: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Bethany Hall, in the amount of $5,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Chet E. Hart Executive Director Big Brothers/Big Sisters of Roanoke Valley l12-A West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. Hart: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscai year 1992-93 as more particulariy set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Big Brothers/Big Sisters of Roanoke Valley, in the amount of $4,200.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 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 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Kathy J. Jarrell Child Abuse Prevention Council of Roanoke Valley 325 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Jarrell: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Child Abuse Prevention Council, in the amount of $2,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 4~6 Roanoke, Virginia 2~11 Telephone: (703) 981-2541 Deputy City Clerk June 19, 1992 File #318 Ms. Kathleen Ross Community Organization for Research and Development, Inc. 410 First Street, N. W. Roanoke, Virginia 24016 Dear Ms. Ross: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Community Organization for Research and Development, Inc., in the amount of $1,850.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. John Pendarvis, Director Family Service of Roanoke Valley P. O. Box 6600 Roanoke, Virginia 24017 Dear Mr. Pendarvis: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for ailocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Family Service of Roanoke Valley, in the amount of $35,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 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 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Estelle K. Nichols Bradley Free Clinic of Roanoke Valley, Inc. 1240 Third Street, S. W. Roanoke, Virginia 24016 Dear Ms. Nichols: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Bradley Free Clinic of Roanoke Valley, Inc., in the amount of $17,800.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Fay Painter National Multiple Sclerosis Society Blue Ridge Chapter P. O. Box 6808 Charlottesville, Virginia 22906 Dear Ms. Painter: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to National Multiple Sclerosis Society, Blue Ridge Chapter, in the amount of $1,200.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 Deputy City Clerk June 19, 1992 File #318 Ms. Harriet Lewis Northwest Child Development Center 1523 Melrose Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Lewis: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Northwest Child Development Center, in the amount of $12,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2a011 Telephone: (703) 981-2541 SANDRA H. ~N Deputy City Clerk June 19, 1992 File #318 Ms. Julie Hollingsworth Roanoke Area Ministries 824 Campbell Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Hollingsworth: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Roanoke Area Ministries, in the amount of $25,700.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 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 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Margavite Fouvcroy Roanoke Symphony Society, Inc. P. O. Box 2433 Roanoke, Virginia 24010 Dear Ms. Fourcroy: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Roanoke Symphony Society, Inc., in the amount of $4,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 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 2~011 Telephone: (703) 981-25,~1 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Susan Williams League of Older Americans P. O. Box 14205 Roanoke, Virginia 24038 Dear Ms. Williams: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to League of Older Americans, in the amount of $24,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PAI~q~ER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Richard Hawkins Roanoke Valley Speech and Hearing 2030 Colonial Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Hawkins: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particniarly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Roanoke Valley Speech and Hearing, in the amount of $2,200.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Rodney Byrd Tinker Mountain Industries P. O. Box 458 Troutville, Virginia 24175 Dear Mr. Byrd: I am enclosing copy of Resolution No. 31060-0615~2 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Tinker Mountain Industries, in the amount of $19,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 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 2~,011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Mr. Raleigh Campbell Information and Referral Council of Community Services P. O. Box 598 Roanoke, Virginia 24004 Dear Mr. Campbell: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Information and Referral, Council of Community Services, in the amount of $5,500.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. MARY F. PARKER City clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #318 Ms. Judy Mitchell Director of Marketing and Development Mill Mountain Theatre One Market Square Roanoke, Virginia 24011 Dear Ms. Mitchell: I am enclosing copy of Resolution No. 31060-061592 concurring in recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the Chairman of the Citizens' Services Committee and the Director of Finance to release funds to Mill Mountain Theatre, in the amount of $1,000.00, providing that objectives, activities, and other reassurances have been submitted and accepted. Resolution No. 31060- 061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o 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) 981-254.1 Deputy City Clerk June 19, 1992 File #318-145 Captain H. Dean Hinson The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 Dear Capt~n Hinson: I am enclosing copy of Resolution No. 31060-061592 concurring in the recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies for fiscal year 1992-93 as more particularly set forth in a report of the Committee under date of June 15, 1992; and further authorizing the City Manager to negotiate a contract for up to $22,600.00 with the Salvation Army for provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Resolution No. 31060-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31060-061592. A RESOLUTION concurring in the recommendations of the Citizens' Services Committee for allocation of City funds to various nonprofit agencies. WHEREAS, the Fiscal Year 1992-93 budget approved by City Council for the Citizens' Services Committee provides for funding in the amount of $279,685.00; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs; and WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the City administration; and WHEREAS, 29 requests for City funds in the total amount of $592,614.00 were received by the Citizens' Services Committee from various agencies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Citizens' Services Committee as to the allocations for funding of various nonprofit agencies as more particularly set forth in the attachment to the Committee Report submitted to this Council dated June 15, 1992. 2. The Chairman of the Citizens' Services Committee and the Director of Finance are authorized to release funds to any agency, provided that objectives, activities, and other reassurances have been submitted and accepted. 3. The City Manager, or his designee, is authorized to negotiate a contract for up to $22,600.00 with the Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. ATTEST: 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 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #60-318 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31059-061592 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, allocating certain funds to qualified agencies, pursuant to recommendations of the Citizens' Services Committee for fiscal year 1992-93, as more fully set forth in a report under date of June 15, 1992. Ordinance No. 31059-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc' Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Chairperson, Citizens' Services Committee Ms. Donna S. Norvelle, Human Resources Coordinator Mr. Barry L. Key, Manager, Office of Management and Budget 1992-93 emergency. WHEREAS, Government of the exist. Roanoke IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31059-061592. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE that certain IT ORDAINED by the Council of the City of sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare $ 14,442,930 Citizen Services Committee (1-29} ................. 279,685 1) Fees for Professional Services 2) Subsidies 3) Family Service Protective Services 4) 5) (001-054-5220-2010) $ 8,000 (001-054-5220-3700) (279,685) (001-054-5220-3720) Free Clinic (001-054-5220-3721) League of Older Americans 6) Roanoke Area Ministries 7) RADAR 8) Association for Retarded Citizens 9) Bethany Hall 10) Big Brothers (001-054-5220-3722) (001-054-5220-3723) (001-054-5220-3725) (001-054-5220-3726) (001-054-5220-3728) (001-054-5220-3729) 35,500 17,800 24,000 26,700 22,000 29,300 5,000 4,200 11) Child Abuse and Neglect 12) CORD 13) Information and Referral 14) Blue Ridge Multiple Sclerosis 15) NW Child Development 16) Roanoke Symphony Society 17) Roanoke Valley Arts Council 18) Roanoke Valley Speech and Hearing 19) TRUST 20) Western VA. Emergency Medical Svcs. 21) Inner City Athletic Association 22) West End Com- munity Center 23) Adult Care Center 24) Tinker Mountain Industries 25) Conflict Resolution Center 26) Mill Mountain Theatre 27) Roanoke Museum of Fine Art 28) Roanoke city Health Dept. (CHIP) 29) The Salvation Ar~y (001-054-5220-3730) (001-054-5220-3731) (001-054-5220-3732) (001-054-5220-3733) (001-054-5220-3734) (001-054-5220-3736) (001-054-5220-3737) (001-054-5220-3738) (001-054-5220-3740) (001-054-5220-3741) (001-054-5220-3744) (001-054-5220-3745) (001-054-5220-3746) (001-054-5220-3747) (001-054-5220-3748) (001-054-5220-3749) (001-054-5220-3750) (001-054-5220-3751) (001-054-5220-3752) 2,500 1,850 5,500 1,200 12,500 4,000 2,500 2,200 7,425 6,730 1,800 4,000 4,180 19,000 2,500 1,000 50O 5,200 22,600 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. J~ne 15, 1992 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: RECO~ENDATIONS FOR CITIZENS SERVICES CO. Il-FEE FOR FUNDING OF QUALIFIED AGENCIES I. BACKGROUND The Citizens Services Committee budget was established by City Council, Ordinance #30993-051192, by which the General Fund Budget for Fiscal Year 1992 - 1993 was adopted May 11, 1992. B. Requests from 29 agencies were received for $592,614. Individual study of each application was made and public hearings were held April 8 - 10, requests and hear applicants. by Committee members, 1992 to consider the Agencies were notified of tentative allocation recommendations and advised they could appeal the Committee's tentative recommendations. II. CURRENT SITUATION The budget for Fiscal Year 1992 - 1993, approved by City Council for the Citizens Services Committee, provides for funds available for allocation in Fiscal Year 1992 - 1993 in the amount of $279,685.00. Performance audits are conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. Citizens Services Committee requests that $8,000.00 be designated in the Citizen's Services Committee budget upon approval of City Council to cover monitoring expenses. Performance audits will be conducted by the Council of Community Services in conjunction with the City's Director of Human Resources. Performance audits were adopted in 1981 to ensure City funds are being used for the purpose for which they are requested and to further assure that citizens of the City are benefitting from their use. 3. The Committee is pleased with the contents and accuracy of the audits performed during the past year. Eo Jo Agencies submit a budget by objective and activity when applying for funds through the Citizens Services Committee. Agency plan of objectives and activities to be accomplished with City funding. Total agency budget and amount of funds generated to the agency by City funding. Regional agencies are required to apply for funding from other localities. The Committee is concerned that some regional agencies are not funded by the other localities (Attachment B). Attached schedule shows recommended fundin~ for allocation to the various agencies. 1. Most a~encies are funded for less than their request. Recommended lundin9 amounts reflect the best judgment of the Committee in serving the citizens of the City of Roanoke through these programs. Committee deliberations are contained in minutes of meetings on file with the City Clerk. Appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation. One (1) appeal was filed and was heard May 22, 1992. Pentecostal Ministers Alliance requested an appeal to secure monies separate from Roanoke Area Ministries, as recommended by the Committee. Appeal was satisfactorily resolved with no change to the recommendation. Bethany Halt -- }5~000.00. The Committee recommends a payment of $20.00 per day for Roanoke City residents, up to a maximum of $5,000.00. The Salvation Army -- }22~600.00. The Committee recommends that $22,600.00 be allocated to The Salvation Army and a contract be executed with The Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Unified Human Transportation Systems~ Inc. (RADAR) -- $22~000.00. The Committee recommends that $22,000.00 be allocated to Unified Human Transportation Systems, Inc. {RADAR) through Valley Metro in order that Valley Metro may receive credit for providing transportation to the handicapped. III. RECO~4£NOATION$ Ao City Council concur with the funding of agencies in the amounts recommended as indicated on the attached schedule {Attachment A). Bo City Council authorize the Chairman of the Citizens Services Committee and the Director of Finance to not release funds to any agency until objectives, activities, and other reasonable requests of the monitoring staff are submitted and accepted. Transfer $279~685 from the Citizens Services Committee account #001-054-5220-3700, to new line items to be established within the Citzens' Services Committee budget by the Director of Finance. Authorize the City Manager or his designee to negotiate a contract for $22,600.00 with The Salvation Army for the provision of services to City citizens under the Homeless Housing Program and/or Abused Women's Shelter. Council will be asked to authorize the execution of the contract after it has been negotiated. Respectfully submitted, D. Ritchie, Chairman ens Services Committee Harold Kyle, Vice Chairman Raleigh Campbell Reverend Frank Feather Stanley Hale Bernice Jones A1McCain JDR/gr Attachments CC' W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Barry L. Key, Office of Management and Budget c~ o ~ o c~ o o o o o ~ o c~ o c; o o ~ o c; ~ c; o c; o c; c~ o c~ o % ~4 c~ o c; o c~ 0 >~ 'i 'r' 0 CD 0 CD Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, $.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 May 19, 1992 File #60 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sn Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30993-051192 adopting the General Fund Appropriation of the City of Roanoke for the fiscal year beginning July 1, 1992, and ending June 30, 1993, in the total amount of $159,407,933.00. Ordinance No. 30993-051192 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 11, 1992. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 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. Joel M. Schianger, Director of Finance Mr. Kit B. Kiser, Director, Public Facilities ~Mrl George C. Snead, Jr., Director, Public Safety James D. Ritchie, Director, Human Development Mr. William F. Clark, Director, Public Works / Mr. Barry L. Key, Manager, Office of Management and of 1992, and ending June 30, emergency. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of May, 1992. No. 30993-051192. AN ORDINANCE adopting the annual General the City of Roanoke for the fiscal year 1993; Fund Appropriation beginning July 1, and declaring the existence of an BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General Fund in the fiscal year beginning July 1, 1992, and ending June 30, 1993, shall constitute a General Fund and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to-wit: General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Education: State School Funds State Sales Tax (ADM) Federal School Funds Other School Revenue Total Revenue $23,451,278 7,167,794 1,785,280 $ 53,308,845 39,883,333 523,250 593,000 827,652 25,251,902 33,706 3,999,623 258,100 City Council City Clerk City Manager Office of Management and Budget City Attorney Director of Finance Office of Billings and Collections Commissioner of Revenue Treasurer Real Estate Valuation Board of Equalization General Services Municipal Auditing Director of Utilities and Operations Director of Administration and Public Safety Personnel Management Risk Management Director of Human Resources Director of Public Works Registrar Circuit Court Clerk of Circuit Court General District Court Juvenile and Domestic Relations Court Juvenile and Domestic Relations Court Clerk Sheriff Law Library Commonwealth,s Attorney Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Fire - Administration Fire - Technical Services Fire - Operations Fire - Training and Safety Jail Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Center Building Inspections Emergency Services Emergency Medical Services Animal Control $ 204,812 2,511,921 6,918,995 1,476,431 294,798 268,736 9,241,904 $ 214,663 275,048 466,018 298,020 529,093 1,588,648 933,570 769,713 714,384 751,334 20,983 222,045 341,180 127,846 119,438 582,744 368,094 130,555 118,545 165,057 141,222 867,917 36,399 144,649 25,278 1,381,403 171,066 767,923 11,311,918 9,932,373 4,668,010 681,356 161,201 343,765 398,068 677,289 188,571 1,056,235 266,852 ~ (continusd) Street Maintenance Street Paving Communications Snow Removal Street Lighting Signals and Alarms Recycling Solid Waste Management Custodial Services Engineering Building Maintenance Parks Maintenance Roanoke City Health Department Mental Health and Retardation Citizens Services Committee Total Action Against Poverty Social Services - Administration Income Maintenance Social Services - Services Employment Services Temp. Emergency Food Assistance State and Local Hospitalization Roanoke City Public Schools Recreation City Market Contributions Libraries Community Planning Economic Development and Grants Grants Compliance Community Education VPI & SU Cooperative Extension Program Fringe Benefits Miscellaneous Transfer to Other Funds Contingencies Personnel Lapse 465,825 3,870,713 7,547,504 658,932 Total Appropriations $ 2,457,568 650,000 1,610,158 100,720 871,605 640,121 151,093 4,146,446 860,610 1,238,873 2,622,214 3,191,239 1,038,156 315,252 279,685 183,910 12,557,277 68,650 67,800,155 1,189,733 19,388 1,194,441 1,868,430 387,035 297,649 51,204 47,103 57,576 917,000 110,500 11,057,890 342,779 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and he is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another; 4. That this Ordinance shall be known and cited as the 1992-93 General Fund Appropriation Ordinance; and 5. That in order to provide for the usual daily operation of the municipal government, this Ordinance shall be in July 1, 1992. an emergency is deemed to exist, and full force and effect on and after City Clerk. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -£ 0 C) 0 0 0 0 MARY F. PARKER C~y Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H, EAKIN I~puty City Clerk June 19, 1992 File #51 Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am attaching copy of Ordinance No. 31037-061592 rezoning a tract of land located at 1004 Whitney Avenue, N. W., at the intersection of Williamson Road, Whitney Avenue and Woodbury Street, identified as Official Tax Nos. 2190707 and 2190708, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 31037-061592 was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1992, also adopted by the Council on second reading on Monday, June 15, 1992, and will take effect ten days following the date of its second reading. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc.' Ms. Clara A. Clingenpeel, 5023 Williamson Road, N. W. Roanoke, Virginia 24012 ' Ms. Margaret B. Woods, 1011 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Melvin L. Martin, 1007 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Nathan J. Wingfield, 1003 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Robert O. Kelley, P. O. Box 11757, Columbia, South Carolina 29211 Ms. Ilse Marie Morgan, c/o Boone and Company, 3548 Orange Avenue, N. E., Roanoke, Virginia 24017 Mr. James W. Hardie, 5714 Hollins Road, N. E., Roanoke, Virginia 24019 Mr. W. Robert Herbert June 19, 1992 Page 2 pc' The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., 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, Generai District Court The Honorable Gordon E. Peters, City Treasurer The Honorable Donald S. Caidwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Willard N. Claytor, Director of Real Estate Vahiation Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. W. L. Whitweli, Chairperson, Architectural Review Board Mr. Charles M. Huffine, City Engineer Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Kit B. Kiser, Director, Utilities and Operations Ms. Doris Layne, Office of Real Estate Vaiuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31037-061592. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke 1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject ko certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as ~equired by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on June 8, 1992, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 1004 Whitney Avenue, N.W., and designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2190707 and 2190708, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Second Amended Petition, filed in the Office of the City Clerk on May 11, 1992, and that Sheet No. 219 of the Zone Map be changed in this respect. ATTEST: 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 SANDRA H. Eld(IN Deputy City Clerk June 19, 1992 File #51 Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am attaching copy of Ordinance No. 31037-061592 rezoning a tract of land located at 1004 Whitney Avenue, N. W., at the intersection of Wiliiamson Road, Whitney Avenue and Woodbury Street, identified as Official Tax Nos. 2190707 and 2190708, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Ordinance NO. 31037-061592 was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1992, aiso adopted by the Councli on second reading on Monday, June 15, 1992, and will take effect ten days following the date of its second reading. Sincerely, f~L~.~_ Mary F. Parker, CMC/AAE City Clerk MFP:sw Unc. pc: Ms. Clara A. Clingenpeel, 5023 Williamson Road, N. W., Roanoke, Virginia 24012 Ms. Margaret B. Woods, 1011 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Melvin L. Martin, 1007 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Nathan J. Wingfield, 1003 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Robert O. Kelley, P. O. Box 11757, Columbia, South Carolina 29211 Ms. Ilse Marie Morgan, c/o Boone and Company, 3548 Orange Avenue, N. E., Roanoke, Virginia 24017 Mr. James W. Hardie, 5714 Hollins Road, N. E., Roanoke, Virginia 24019 Mr. Daniel F. Layman, Jr., Attorney June 19, 1992 Page 2 pc: Trust Real Estate Department, NationsBank, 302 S. Jefferson Street, Roanoke, Virginia 24011 Cirlan, Inc., 5046 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wliburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Reai Estate Valuation Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. Wiliiam F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. Charles M. Huffine, City Engineer Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Kit B. Kiser, Director, Public Facilities Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk May 13, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (]979), as amended, ] am enclosing copy of a second a~aended petition from Mr. Daniel F. Layman, Jr., Attorney, representing Mr. and Mrs. Kermit B. Glass, requesting that a tract of land containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N. W., at the intersection of Wiiiiamson Road, Whitney Avenue, and Woodbury Street, N. W., described as Officia! Tax Nos. 2190707 and 2190708, be rezoned from RM-], Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, PCk~.~4.~_ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. GLASS2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, p. O. Box 14125, Roanoke, Virginia 24038-4125 ~d¥Ir. John R. Marlle~, Agent, City Planning Commission Mr. Ronald H. Mi]let, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 MuniciDal I~uiiding 215 Church Avenue. SW Roanoke, Virginia 24011 (703) 981.2541 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, N.W., bearing Official Tax Nos. 2190707 and 2190708, and known as 1004 Whitney Avenue, N.W., from RM-i, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Kermit B. and Carolyn P. Glass, own land in the City of Roanoke containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N.W., bearing Official Tax Nos. 2190707 and 2190708. Said tract is currently zoned RM-1, Residential Multifamily, Low Density District. A portion of the City of Roanoke Official Tax Map showing the property to be rezoned is attached as Exhibit A. 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conducting a needlecraft and gift business (but retaining the right to use the property for other purposes as set forth in paragraph 4 below). 3. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning M#101746 Ordinance and its comprehensive plan, in that it will permit commercial use, in a manner Consistent with the low intensity neighborhood shops and services (many in converted residences) presently being conducted on nearby lots, on a prime commercial location, without undue disruption of adjacent residential areas. This area is characterized by small commercial and office establishments on the Williamson Road and Airport Road frontages, bordering Single-family residential areas. The proposed rezoning would bring this parcel into conformance with all of the other Williamson Road fronting lots in this area as a site for "light" commercial activity. 4. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: (1) The property will be developed in substantial compliance with the site plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by City officials during Site plan review. (2) The exterior appearance of the primary structure presently located on the property will remain substantially unchanged. (3) Existing trees and other plantings on the property will remain substantially unchanged, except as removal is required for construction of the parking area, and will be maintained and replaced as necessary. In addition, trees will be planted where necessary to conform to the M#101746 2 buffering/screening requirements of the City's zoning ordinance. (4) There shall be no Storage or display of merchandise outside of the structures on the site (but this restriction shall not prohibit display of merchandise for sale on the porches of the primary structure). (5) Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. (6) Only the following uses will be conducted on the property as rezoned: (a) Retail sales of needlecraft and gifts; clothing and accessories; antiques; and art (including frames and framing). (b) All uses permitted Outright without special exception in the C-1 Office District except a financial institution with drive-in facility. (7) If construction of the parking facilities required by zoning ordinance for the property as rezoned is not commenced and completed and the commercial use of the property initiated within three (3) years from the effective date of the ordinance rezoning the property, the zoning shall revert to RM-1, Residential Multifamily District, without further action of City Council. 5. This request involves the extension of an existing C-2 District boundary, and therefore the two-acre limitation of Section 36.1-690(g) of the Code of the City of Roanoke does not apply. M#101746 3 6. Attached as Exhibit C are the names, addresses and tax numbers of the Owner or Owners of all lots or property inUuediately adjacent to, or immediately across a Street or road from, the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this llth day of May, 1992. wooas, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street P. O. Box 14125 Roanoke, VA 24038-4125 (703 983-7653 P. Glass Kermit B. Glass Route 1, Box 140 Montvale, VA 24122 M#101746 4 .EXHIBIT A o ~ ~XHIBIT B 2190704 2190711 2190710 2190709 2190815 2190801 2190602 2190601 2190519 2190520 2190521 Exhibit C Clara A. Clingenpeel 5023 Williamson Road, Roanoke, VA 24012 Margaret B. Woods 1011 Curtis Avenue, N.W. Roanoke, VA 24012 Melvin L. Martin 1007 Curtis Avenue, Roanoke, VA 24012 Nathan J. Wingfield 1003 Curtis Avenue, Roanoke, VA 24012 N.Wo Robert O. Kelley P. O. Box 11757 Columbia, SC 29211 Ilse Marie Morgan c/o Boone & Company 3548 Orange Avenue, Roanoke, VA 24017 N.Eo James W. Hardie 5714 Hollins Road, Roanoke, VA 24019 N.Z. City of Roanoke Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Cirlan, Inc. 5046 Williamson Road, Roanoke, VA 24012 M#101746 -TO TNt COUNC~T~ O? THE CZTy OF EOANOKEI The undersigned reside near t WhXtne~ AVenue, N.W. w he pro~er.~y known aa ~he C~t O , hich Kerm~ and C re ~004 pro or w.d with M=.. ~ass Date I-- ' ~---~ .EX~HIBIT A Cl'l RO.a ~ lib i TO WHOM NOTICE OF PUBLIC HEARING IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 8, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, the following property: A tract of land located at 1004 Whitney Avenue, N.W., designated as Official Tax Nos. 2190707 and 2190708, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of May , 1992. Mary F. Parker, City Clerk. Please publish in full twice in the Roanoke Times & World-News, once on Friday, May 22, 1992, and once on Friday, May 29, 1992. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers, and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 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) 981-2~41 May 29, 1992 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing will be held on Monday, June 8, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of your client, Mr. and Mrs. Kermit B. Glass, that a tract of land containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N. W., at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, identified as Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the documents and if you have questions, you may contact Mr. Steven J. Taievi, Assistant City Attorney, at 981- 2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Mariles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw JUNE Eno o Mr. Daniel F. Layman, Jr., Attorney May 29, 1992 Page 2 pc: Ms. Clara A. Clingenpeel, 5023 WilHamson Road, N. W., Roanoke, Virginia 24012 Ms. Margaret B. Woods, 1011 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Melvin L. Martin, 1007 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Nathan J. Wingfield, 1003 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Robert O. Kelley, P. O. Box 11757, Columbia, South Carolina 29211 Ms. Ilse Marie Morgan, c/o Boone and Company, 3548 Orange Avenue, N. W., Roanoke, Virginia 24017 Mr. James W. Hardie, 5714 Hollins Road, N. E., Roanoke, Virginia 24019 NationsBank, Trust Real Estate Department, 302 S. Jefferson Street, Roanoke, Virginia 24011 Cirlan, Inc., 5046 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlies, Agent, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning BEFORE THE ROANOKE Commission will CITY PLANNING hold a public as soon hearing on Wednesday, May 6, 1992, at 7:00 p.m., or thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Kermit B. and Carolyn P. Glass, represented by Daniel F. Layman, Jr., attorney, that a tract of land located at 1004 Whitney Avenue, N.W., designated as Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, April 21, 1992 Please run in newspaper on Tuesday, April 28, 1992 Please bill: Daniel F. Layman, Jr., Attorney P. 0. Box 14125 Roanoke, VA 24038-4125 Please send an affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Office of the City Clerk May 13, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a seeo~ld amended petition from Mr. Daniel F. Layman, Jr., Attorney, representing Mr. and Mrs. Kermit B. Glass, requesting that a tract of land containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N. W., at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, N. W., described as Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residential Multi-family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Pdk~__.~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Eno. GLASS2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk May 7, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: ~7 ~r'w~ct Pursuant to Section 36.1-690(e) of t~ Code of the City of Roanoke (1979), as amended, I am enclosing copy of a,~petition from Mr. Daniel F. Layman, Jr., Attorney, representing Mr. and Mrs. Kermit B. Glass, requesting that a tract of land containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N. W., lying at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, N. W., described as Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residential Multi-family, Low Density District, to C- 2, General Commercial D i.~ t rict, subject to certain conditions proffered by the petitioners. Sincerely, ~6L~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. GLASS pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avanual S.W. Roanoka, Virginia 24011 (703) 981-2541 FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, N.W., bearing Official Tax Nos. 2190707 and 2190708, and known as 1004 Whitney Avenue, N.W., from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Kermit B. the City of Roanoke containing and Carolyn P. Glass, own land in 0.38 acre, more or less, located at 1004 Whitney Avenue, N.W., bearing Official Tax Nos. 2190707 and 2190708. Said tract is currently zoned RM-1, Residential Multifamily, Low Density District. A portion of the City of Roanoke Official Tax Map showing the property to be rezoned is attached as Exhibit A. 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conducting a needlecraft and gift business (but retaining the right to use the property for other purposes as set forth in paragraph 4 below). 3. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning M#101746 Ordinance and its comprehensive plan, in that it will permit commercial use, in a manner consistent with the low intensity neighborhood shops and services (many in converted residences) presently being conducted on nearby lots, on a prime commercial location, without undue disruption of adjacent residential areas. This area is characterized by small commercial and office establishments on the Williamson Road and Airport Road frontages, bordering single-family residential areas. The proposed rezoning would bring this parcel into conformance with all of the other Williamson Road fronting lots in this area as a site for "light" commercial activity. 4. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject the Petitioners will abide by, the following to, and that conditions: The property will be developed in substantial compliance with the site plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by City officials during site plan review. (2) The exterior appearance of the primary structure presently located on the property will remain substantially unchanged. (3) Existing trees and other plantings on the property will remain substantially unchanged, except as removal is required for construction of the parking area, and will be maintained and replaced as necessary. In addition, trees will be planted where necessary to conform to the M#101746 2 o District boundary, and therefore the two-acre limitation of Section 36.1-690(g) of the Code of the City of Roanoke does apply. buffering/screening requirements of the City's zoning ordinance. (4) There shall be no storage or display of merchandise outside of the structures on the site (but this restriction shall not prohibit display of merchandise for sale on the porches of the primary structure). (5) Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. (6) Only the following uses will be conducted on the property as rezoned: (a) Retail sales of needlecraft and gifts; clothing and accessories; antiques; and art (including frames and framing). (b) All uses permitted in the C-1 Office District except a drive-in banking facility. (7) If construction of the parking facilities required by zoning ordinance for the property as rezoned is not commenced and completed and the commercial use of the property initiated within three (3) years from the effective date of the ordinance rezoning the property, the zoning shall revert to RM-1, Residential Multifamily District, without further action of City Council. This request involves the extension of an existing C-2 not M#101746 3 6. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, or immediately across a street or road from, the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 5th day of May, 1992. --' ~aro~yn P~. Glass ' /Kermit B. 'Glas~ .... ! Daniel F. Layman~Jr., ~q. Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street P. O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7653 Route 1, Box 140 Montvale, VA 24122 M#101746 4 EXHIBIT A EXHIBIT B Exhibit C 2190704 2190711 2190710 2190709 2190815 2190801 2190602 2190601 2190519 2190520 2190521 Clara A. Clingenpeel 5023 Williamson Road, Roanoke, VA 24012 NoW. Margaret B. Woods 1011 Curtis Avenue, Roanoke, VA 24012 NoWo Melvin L. Martin 1007 Curtis Avenue, Roanoke, VA 24012 NoWo Nathan J. Wingfield 1003 Curtis Avenue, Roanoke, VA 24012 Robert O. Kelley P. O. Box 11757 Columbia, SC 29211 Ilse Marie Morgan c/o Boone & Company 3548 Orange Avenue, Roanoke, VA 24017 N.E° James W. Hardie 5714 Hollins Road, N.E. Roanoke, VA 24019 City of Roanoke Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Cirlan, Inc. 5046 Williamson Road, Roanoke, VA 24012 NoWo M#101746 TO THE CITY CLERK OF THE CITY OF ROANO~,~%WI~I~/-.3 PERTAINING TO THE REZONING OF: Kermit and Carolyn Glass, tract of land located at 1004)Affi- Whitney Avenue, N.W., Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1 to C-2, COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace states that she is Seretary )davit conditional. ) Franklin, first being duly sworn, of the City of Roanoke Planning own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of April, 1992, notices of a public hearing to be held on the May 6, 1992, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner~ Aqent or Occupant 2190704 Clara A. Clingenpeel 2190711 2190710 2190709 2190815 Margaret B. Woods Melvin L. Martin Mildred Martin Nathan J. Wingfield Mamie C. Wingfield Robert O. Kelley Brenda G. Kelley 2190801 2190602 2190601 2190519 2190520 2190521 Ilse Marie Morgan c/o Boone and Company James W. Hardie City of Roanoke NationsBank Trust Real Estate Department Cirlan, Inc. Address 5023 Williamson Road Roanoke, VA 24012 1011 Curtis Avenue, NW Roanoke, VA 24012 1007 Curtis Avenue, NW Roanoke, VA 24012 1003 Curtis Avenue, NW Roanoke, VA 24012 937 Curtis Avenue, NW Roanoke, VA 24012 P. O. Box 11757 Columbia, SC 29211 725 Woodlawn Avenue Blue Ridge, VA 24064 3548 Orange Avenue Roanoke, VA 24017 5714 Hollins Road, NE Roanoke, VA 24019 302 S. Jefferson St. Roanoke, VA 24011 5046 Williamson Road ~~6~ ~~~R°an°ke' VA 24012 Martha Pace Franklin Commission, and as such is competent to make this affidavit of her SUBSCRIBED AND SWORN to before me, a Notary Public, City of Roanoke, Virginia, this 27th day of April, 1992. Notary Public in the My Commission Expires: Office of the City Clerk April 16, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. Daniel F. Layman, Jr., Attorney, representing Mr. and Mrs. Kermit B. Glass, requesting that a tract of land located at 1004 Whitney Avenue, N. W., lying at the intersection of Williamson Road, Whitney Avenue and Woodbury Street, described as Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residentiai Multi-Family, Low Density District, to C-2, Generai Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~' ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. The Honorable Mayor and Members of the Roanoke City Council Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers, and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038-4125 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Taievi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 PETITION TO REZONE IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA Rezoning of a tract of land lying at the intersection of Williamson Road, Whitney Avenue, and Woodbury Street, N.W., bearing Official Tax Nos. 2190707 and 2190708, and known as 1004 Whitney Avenue, N.W., from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Kermit B. and Carolyn P. Glass, own land in the City of Roanoke containing 0.38 acre, more or less, located at 1004 Whitney Avenue, N.W., bearing Official Tax Nos. 2190707 and 2190708. Said tract is currently zoned RM-1, Residential Multifamily, Low Density District. A portion of the City of Roanoke Official Tax Map showing the property to be rezoned is attached as Exhibit A. 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conducting a retail business. 3. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will permit commercial use, in a manner consistent with the low intensity M#101746 neighborhood shops and services (many in converted residences) presently being conducted on nearby lots, on a prime commercial location, without undue disruption of adjacent residential areas. This area is characterized by small commercial and office establishments on the Williamson Road and Airport Road frontages, bordering single-family residential areas. The proposed rezoning would bring this parcel into conformance with all of the other Williamson Road fronting lots in this area as a site for "light" commercial activity. 4. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: (1) The property will be developed in substantial compliance with the site plan attached to this Petition for Rezoning as Exhibit B, subject to any changes required by City officials during site plan review. (2) The exterior appearance of the primary structure presently located on the property will remain substantially unchanged. (3) Existing trees and other plantings on the property will remain substantially unchanged, except as removal is required for construction of the parking area, and will be maintained and replaced as necessary. In addition, trees will be planted where necessary to conform to the buffering/screening requirements of the City's zoning ordinance. M#101746 2 (4) There shall be no storage or display of merchandise outside of the structures on the site (but this restriction shall not prohibit display of merchandise for sale on the porches of the primary structure). (5) Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. (6) The following uses shall not be conducted on the property as rezoned: Clubs, lodges and fraternal organizations Indoor and outdoor recreational facilities Theaters Funeral homes Restaurants Hotels, motels and inns Open air markets Neighborhood and highway convenience stores Outdoor advertising of business not conducted on the premises Gas stations Sale, rental, or repair of automobiles, trucks and construction equipment Auto accessory sales Auto repair and maintenance establishments Public parking lots and structures Bus terminals Veterinary clinics Kennels Public service facilities (police, fire, rescue squad) (7) If construction of the parking facilities required by zoning ordinance for the property as rezoned is not commenced and completed and the commercial use of the property initiated within three (3) years from the effective date of the ordinance rezoning the property, the zoning M#101746 3 shall revert to RM-1, Residential Multifamily District, without further action of City Council. 5. This request involves the extension of an existing C-2 District boundary, and therefore the two-acre limitation of Section 36.1-690(g) of the Code of the City of Roanoke does not apply. 6. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, or immediately across a street or road from, the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 14th day of April, 1992. Daniel F. Laym~. Woods, Rogers & Hazlegrove Dominion Tower, Suite 1400 10 South Jefferson Street P. O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7653 Route 1, Box 140 Montvale, VA 24122 M#101746 4 CONDITION&I~ EXHIBIT A EXHIBIT B Exhibit C 2190704 2190711 2190710 2190709 2190815 2190801 2190602 2190601 2190519 2190520 2190521 Clara A. Clingenpeel 5023 Williamson Road, N.W. Roanoke, VA 24012 Margaret B. Woods 1011 Curtis Avenue, N.W. Roanoke, VA 24012 Melvin L. Martin 1007 Curtis Avenue, N.W. Roanoke, VA 24012 Nathan J. Wingfield 1003 Curtis Avenue, Roanoke, VA 24012 N.Wo Robert O. Kelley P. 0. Box 11757 Columbia, SC 29211 Ilse Marie Morgan c/o Boone & Company 3548 Orange Avenue, Roanoke, VA 24017 NoE. James W. Hardie 5714 Hollins Road, Roanoke, VA 24019 NoEo City of Roanoke Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Trust Real Estate Department NationsBank 302 South Jefferson Street Roanoke, VA 24011 Cirlan, Inc. 5046 Williamson Road, N.W. Roanoke, VA 24012 M#101746 AD NUMBER - 52126695 PUBLISHER'S FEE - $110.40 DANIEL F LAYMAN lO S JEFFERSON ST SUITE 1~00 PO BOX 1~125 ROANOKE VA Z~038 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD CDR- PORATIONt WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, 00 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 05~/22/9%2 MORNING MORNING WITNESS, THIS iST DAY OF JUNE 1992 AUTHORIZED SIGNATURE MARY F. PARKER City Clerk CITY OF ROANOKK OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #51-249 Ms. Evelyn S. Gunter, Secretary Architectural Review Board Roanoke, Virginia Ms. Patricia K. Hanes, Secretary Board of Zoning Appeals Roanoke, Virginia Dear Ms. Gunter and Ms. Hanes: I am attaching copy of Ordinance No. 31038-061592 amending subsections (d) and (e) of §36.1-642, Review procedure, of Chapter 36.1 Zoning, Code of the City of Roanoke (1979), as amended; and adding new §36.1-724, Penalty for wrongful demolition of historic buildings, to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended; such amended section relating to the review procedure of a decision by the Architectural Review Board and the length of time a Certificate of Appropriateness is valid; and providing for a penalty for wrongful demolition of historic buildings. Ordinance No. 31038-061592 was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1992, also adopted by the Council on second reading on Monday, June 15, 1992, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw ERe. (d) Any property owner aggrieved by any decision of the architectural review board may present to the city council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the board. The city council shall schedule a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition. The city council may reverse or modify the board's decision, in whole or in part, or it may refer the matter back to the board or affirm the decision of the board. (e) Immediately upon approval by the board or the city council, on appeal, of any erection, reconstruction, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of June, 1992. No. 31038-061592. AN ORDINANCE amending subsections (d) and (e) of §36.1-642, Review procedure, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended; and adding new §36.1-724, Penalty for wronqful demolition of historic buildings, to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended; such amended section relating to the review procedure of a decision by the Architectural Review Board and the length of time a certificate of appropriateness is valid; and the new section providing a penalty for wrongful demolition of historic buildings. BE IT ORDAINED by the Council of the City of Roancke that: 1. Subsections (d) and (e) of S~6.1-642, Review procedure, Chapter 36.1, Zoninq, Code of the City o5 Roanoke (1979), as amended, be, and hereby are, amended and reordained to read and provide as follows: §36.1-642. Review procedure. (d) Any property owner aggrieved by any decision of the architectural review board may present to the city council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the board. The city council shall schedule a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition. The city council may reverse or modify the board's decision, in whole or in part, or it may refer the matter back to the board or affirm the decision of the board. (e) Immediately upon approval by the board or the city council, on appeal, of any erection, reconstruction, alteration, restoration or demolition, a certificate of appropriateness shall be made available to the applicant. A certificate of appropriateness shall be valid for a period of one year from the date of the board's action, unless otherwise specified by the board or council. 2. Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of new section 36.1- 724, Penalty for wrongful demolition of historic buildinqs, such new section to read and provide as follows: ~36.1-724. Penalty for wrongful demolition of historic buildinqs. (a) The owner, or general agent of an owner of any building or structure located within any historic zoning district of the city shall be subject to a civil penalty for the demolition, razing or moving of any such building or structure without obtaining the required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city. The penalty shall be imposed on the party deemed by the court to be responsible for such violation and such penalty shall not exceed twice the fair market value of the building or structure, as determined by the city real estate assessment at the time of the demolition, razing or moving of such building or structure. (b) Any action seeking the imposition of such penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury. (c) The defendants, within twenty-one (21) days after the filing of the petition, may file an answer, and without admitting liability, agree to restore the building or structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket. (d) Nothing in this section shall preclude action by the zoning administrator under section 15.1-491(d) of the Code of Virginia (1950), as amended, or by the city under section 15.1-499 of the Code of Virginia (1950), as amended, either by separate action or as part of the petition seeking a civil penalty. ATTEST: City Clerk. Roanoke City Planning Commission June 8, 1992 The Honorable Mayor Noel C. Taylor and Member of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed amendments of the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended, specifically Section 36.1-642. Review procedure; and addition of Section 36.1-724. Penalty for wrongful demolition of historic buildings. I. Backqround: First comprehensive update to the City's zoning ordinance in over 20 years was adopted by City Council on April 20, 1987. Periodic amendments to zoning ordinance are necessary to insure that City's development regulations remain current and responsive to changing circumstances and needs. Last amendment to the ordinance relating to flood plain regulations was adopted by City Council on January 15, 1992. Current list of proposed amendments (attached) was compiled by the Planning Commission and staff based on input received from administrative staff and citizens. Purpose of each amendment is summarized in the attachment to this report. II. Current Situation: Planning Commission's Ordinance and Names Subcommittee held numerous meetings with Planning staff to discuss and evaluate proposed amendments to regulations. Final draft of the proposed amendments were forwarded to the full Planning Commission on April 1, 1992. Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 240~ 1 (703) 981-2344 Planning Commission public hearing was held on May 6, 1992. Mr. Bill Tanger (1302 2nd Street, SW) and Mr. Ken Motley (2514 Robin Hood Road, SE) appeared before the Commission and indicated they were in agreement with the proposed amendments. No one spoke in opposition to the proposed amendments. III. Recommendation: The Planning Commission, by a vote of 4-0 (Messrs. Ferguson and Sowers absent), recommended that City Council approve the proposed amendments to the City's zoning ordinance. The proposed amendments will help insure that the City's development regulations remain responsive to current development needs and community issues. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning C6mmission CAP:JRM:mpf attachment cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator PROPOSED ZONING ORDINANCE AMENDMENTS MAY 6, 1992 Comment: An appeal of a decision of the Architectural Review Board must be filed within 30 days after the decision is rendered. There is currently no stated time frame within which the appeal must be heard by City Council. An established time frame is needed to prevent an appeal from being extended unnecessarily over a long period of time. A reasonable appeal time will improve coordination and maintain consistency in the conditions upon which decisions are made. In addition, the City Code needs to be clarified to establish that City Council can remand a matter back to the board, if such action is deemed appropriate by City Council. Finally, a time limit on certificates of appropriateness is needed. At present, it is optional. A one-year limit should be established. The board and council should be permitted to extend the limit on an as-needed basis. Architectural Review Board Proposed Amendment: Section 36.1-642. Review procedure. (d) Any property owner aggrieved by any decision of the architectural review board may present to the city council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the board. The city council shall schedule a public meeting and render a decision on tbn matter within sixty (60) calendar days of the receipt of the petition. The city council may reverse or modify the board's decision, in whole or in part, or it may refer the matter back to the board or affirm the decision of the board. (e) Immediately upon approval by the board or the city council, on appeal, of any erection, reconstruction, alteration, restoration or demolition, a certificate of appropriateness shall be made available to the applicant. Thc bc~rd er -"'.'fy ceuncil, A certificate of appropriateness shall be valid for a period of one year from the dat,~ of the board's action, unless otherwise specified by the board or council. o Comment: Purpose of proposed ordinance is to provide a civil penalty for persons who are responsible for demolishing a historic building or structure without obtaining a required demolition permit and certificate of appropriateness. The General Assembly authorized the City to enact such a measure by amending the City's Charter. Proposed Amendment: Create Section 36.1-724 to read as follows: Section 36.1-724. Penalty for wrongful demolition of historic buildings. The owner, or general agent of an owner of any historic building or structure located within any historic zoning district of the city shall be subject to a civil penalty for the demolition, razing or moving of any such building or structure without obtaining the required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city. The penalty shall be imposed on the party deemed by the court to be responsible for such violation and such penalty shall not exceed twice the fair market value of the building or structure, as determined by the city real estate assessment at the time of the demolition, razing or moving of such building or structure. Any action seeking the imposition of such penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same m~nr~er as any action et law. It shall be the burden of the city to show the liability of the violator by ,~ preponderance of the evidence. An eetmi~sion of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury. The defendants, within twenty-one (21) days after the filing of the petition~ may fi]e, an answer, and without admitting liability, agree to restore the building or structure, as it existed prior to demolition. If the restoration is completed within the time, agreed upon by the parties, or as established by the court, the petition shall be, dismissed from the court's docket. Nothing in this section shall preclude action by the zoning admini.~trator under section 15.1-491(d) of the code of Vir.m.'ni~ 1950, as amended, or by the city under section 15.1-499 of the code of Virginia, 1950, as ~m~nded, either by separate action or as part of the petition seeking a civil penalty. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 8, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider amendment of Sec. 36.1-642, Review procedure; and creating new Section 36.1-724, buildinqs, of Chapter (1979 , as amended. Penalty for wronqful demolition of historic 36.1, Zoninq, Code of the City of Roanoke A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed amendments should be directed to the Office of Community Planning, 981-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of ~¥ , 1992. Please publish in full twice in the Roanoke Times & World-News, once on Friday, May 22, 1992, and once on Friday, May 29, 1992. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Mary F. Parker, City Clerk. Noel C. Taylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOI F, CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 19, 1992 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T Fitzpatrick, Jr James G. Harvey, II William White, Sr. File #51-249 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31038-061592 amending subsections (d) and (e) of §36.1-642, Review procedure, of Chapter 36.1 Zoning, Code of the City of Roanoke (1979), as amended; and adding new §36.1-724, Penalty for wrongful demolition of historic buildings, to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended; such amended section relating to the review procedure of a decision by the Architectural Review Board and the length of time a Certificate of Appropriateness is valid; and providing for a penalty for wrongful demolition of historic buildings. Ordinance No. 31038-061592 was adopted by the Council of the City of Roanoke on first reading on Monday, June 8, 1992, also adopted by the Council on second reading on Monday, June 15, 1992, and will take effect ten days following the date of its second reading. ~Sincerely'~-~ '-~. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, Il, Chief Judge, Juvenile and Domestic Relations District Court Mr: ~. Robert Herbert 'June 19, 1992 Page 2 pc: The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., 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 Gordon E. Peters, City Treasurer The Honorable Donaid S. Caldweli, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronaid Albright, Clerk, General District Court Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Caihoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tailahassee, Florida 32304 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. W. L. Whitweli, Chairperson, Architectural Review Board Mr. Charles M. Huffine, City Engineer Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Kit B. Kiser, Director, Public Facilities Ms. Doris Layne, Office of Reai Estate Valuation June 8, 1992 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Kermit B. and Carolyn P. Glass, represented by Daniel F. Layman, Jr., attorney, that a tract of land known as 1004 Whitney Avenue, N.W., Official Tax Nos. 2190707 and 2190708, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: ae Purpose of the rezoning request is to adaptively reuse an existing residential structure for a needlecraft and qift business. B. Petition to rezone was filed on April 14, 1992. First amended petition to rezone was filed on May 5, 1992. The following conditions were proffered by the petitioners: The property will be developed in substantial compliance with the site plan attached to this petition for rezoning as Exhibit B, subject to any changes required by City officials during site plan review. The exterior appearance of the primary structure presently located on the property will remain substantially unchanged. Existing trees and other plantings on the property will remain substantially unchanged, except as removal is required for construction of the parking area, and will be maintained and replaced as Room 355 Municipal Building 215 Churd~ Avenue, SW~ Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 June 8, 1992 necessary. In addition, trees will be planted where necessary to conform to the buffering/ screening requirements of the City's zoning ordinance. There shall be no storage or display of merchandise outside of the structures on the site (but this restriction shall not prohibit display of merchandise for sale on the porches of the primary structure). Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. Only the following uses shall be conducted on the property as rezoned: Retail sales of needlecraft and gifts; clothing and accessories; antiques; and art (including frames and framing). b. Ail uses permitted in the C-2, Office District, except as a drive-in banking facility. If construction of the parking facilities required by zoning ordinance for the property as rezoned is not commenced and completed and the commercial use of the property initiated within three (3) years from the effective date of the ordinance rezoning the property, the rezoning shall revert to RM-1, Residential Multifamily District, without further action of City Council. Planninq Commission public hearing was held on Wednesday May 6, 1992. Mr. Daniel Layman, attorney, appeared before the Commission on behalf of the petitioner. Mr. Layman stated that the subject property contained an older brick home with a large lot and that the exterior of the house and property would not change except to add the required parking. He informed the Commission that the proposed use of the property would be consistent with other offices and small shops in converted residences along that area of Williamson Road. Mr. Layman stated that the staff had not liked the way the original petition had been written and he had subsequently filed an amended petition to specifically Members of Council Page 3 June 8, 1992 state what the petitioner wanted. He then read the amended petition and new proffers to the Commission. Mr. Layman also informed the Commission that the petitioner had visited all adjoining residential property owners and presented to the Commission signed statements by each of them that they had no objection to the rezoning request. Mrs. Dorsey gave the staff report and stated that given the proffers in the amended petition, that staff could support the rezoning request as presented. Mr. Talevi, Assistant City Attorney, stated that after looking at the amended petition for this request, that proffer (6)(b) needed additional clarification; he then suggested that it be changed to read "all uses permitted outright without special exception" so that there would be no confusion as to the uses allowed on the subject property. Mr. Talevi also stated that he had a problem with using terms that were not used in the code and suggested that a "drive-in banking facility' be changed to financial institution. Mr. Layman responded that he had no problem with the suggested changes. No one appeared before the Commission in favor or in opposition to this request. Second amended petition to rezone was filed on May 11, 1992. The following conditions were proffered by the petitioner: The property will be developed in substantial compliance with the site plan attached to this petition for rezoning as Exhibit B, subject to any changes required by City officials during site plan review. The exterior appearance of the primary structure presently located on the property will remain substantially unchanged. Existing trees and other plantings on the property will remain substantially unchanged, except as removal is required for construction of the parking area, and will be maintained and replaced as necessary. In addition, trees will be planted where necessary to conform to the buffering/ screening requirements of the City's zoning ordinance. Members of Council Page 4 June 8, 1992 II. There shall be no storage or display of merchandise outside of the structures on the site (but this restriction shall not prohibit display of merchandise for sale on the porches of the primary structure). Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. Only the following uses will be conducted on the property as rezoned: Retail sales of needlecraft and gifts; clothing and accessories; antiques; and art (including frames and framing). Ail uses permitted outright without special exception in the C-l, Office District, except a financial institution with drive-in banking. If construction of the parking facilities required by zoning ordinance for the property as rezoned is not commenced and completed and the commercial use of the property initiated within three (3) years from the effective date of the ordinance rezoning the property, the rezoning shall revert to RM-1, Residential Multifamily District without further action by City Council. Issues: Zoninq of the subject property is currently RM-1, Residential Multifamily, Low Density District. The surrounding zoning pattern in the area is as follows: to the north and west is C-2, General Commercial District and to the northeast is conditional C-2, General Commercial District; to the east of RM-1, Residential Multifamily, Low Density District; and to the south and southwest is RS-3, Residential Single Family District. Land use of the subject property is currently a vacant, single family residential structure with a detached accessory structure. Land uses in the area are as follows: to the north, across Williamson Road, is a vacant, single family dwelling, a vacant lot and a congregate care facility; to the northeast is commercial; to the east and south are single family residences; to Members of Council Page 5 June 8, 1992 III. the southwest is a single family residence and commercial uses. Utilities are existing on site and of adequate capacity to accommodate the proposed adaptive reuse of the existing structure for a retail business. The potential impact of other permitted uses would have to be evaluated on a case-by-case basis. Storm water management for the proposed off-street parking area will be addressed during site development plan review. Access to the subject property is easily provided from the adjoining public streets, Williamson Road, Whitney Avenue and Woodbury Street. The City Traffic Engineer has stated that given the proposed adaptive reuse of the subject property for a retail business, that no significant impacts on the traffic pattern in the area are anticipated. Neighborhood organization is the Williamson Road Action Forum. Comments received by this office have been generally in support of this rezoning request. Comprehensive Plan recommends that: "Expansion of commercial development is carefully evaluated to: (1) protect neighborhood character; and (2) minimize conflicts residential areas. between commercial and Alternatives: A. City Council approve the rezoning request. Zoning of the subject property would become conditional C-2, General Commercial District, and the proposed adaptive reuse of the existing structure for a needlecraft and gift business could occur. Land use would become a retail commercial business with no storage or display of merchandise outside of the structure. Utilities to the site are available and of adequate capacity to serve the proposed use of the property. All storm drainage concerns pertaining to the off-street parking area proposed in the rear of the subject property Members of Council Page 6 June 8, 1992 shall be addressed during site development plan review. Access to and from the site would continue to be from the adjoining public streets, Williamson Road, Whitney Avenue, and Woodbury Street. No significant traffic impacts are anticipated from the proposed adaptive reuse of the subject property. Neiqhborhood would have no negative impact from the proposed needlecraft and gift business on the subject property oriented to Willtamson Road. Comprehensive Plan issue as set forth would be followed. B. City Council deny the rezoning request. Zoninq of the subject property would remain RM-1, Residential Multifamily, Low Density District and the adaptive reuse of the existing structure would not occur. 2. Land use would remain a single family residence. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Neighborhood would remain unchanged. Comprehensive Plan issue as set forth could be followed at a later date. III. Recommendation: By a vote of 4-1 (Mr. Bradshaw votinq in opposition and Mr. Sowers absent), the Planning Commission recommended aDDroval of the requested rezoning. The rezoning would provide for the adaptive reuse of an existing single family residential structure, given its large lot and proximity to Williamson Road, that would be in keeping with the recommendation of the Comprehensive Plan. Furthermore, the subject property would serve as a transitional buffer between the highway oriented uses along Williamson Road and the single family residences to the south and east of the site. Members of Council Page 7 June 8, 1992 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, May 6, 1992, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: (1) Request from a group of citizens, represented by Charles H. Osterhoudt, attorney, regarding the continued inclusion of the H-2, Neighborhood Preservation District in the Roanoke City zoning ordinance, and if such district is to be continued, how its application to maintenance and repairs is to be restricted; (2) Proposed amendment to Zoning, of the Code of Ordinances of the City of Roanoke, Virginia, specifically Section 36.1-640. Appointment, membership; (3) Proposed amendment to Zoning, of the Code of Ordinances of the City of Roanoke, Virginia, specifically Section 36.1-642. Review procedure; (4) Proposed addition to the Code of Ordinances of the City of Roanoke, Virginia, specifically creation of Section 36.1-724. Penalty for wrongful demolition of historic buildings. A copy of the proposed amendments is available for review in the Office of Community Planning, Room 355, Municipal Building. Ail parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, April 21, 1992 Please run in newspaper on Tuesday, April 28, 1992 Please bill and send an affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 AD NUMBER - 5212772,3 PUBLISHER'S FEE - 8121.90 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM N56 MUNICIPAL BLDG ROANOKE VA 24011 '92 J.bi-9 :06 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AIJTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES WITNESS, THIS 1ST DAY OF JUN[.-- 1992 ............... -_ AUTHORIZED SIGNATURE MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 19, 1992 File #1-18-38-83-104-162-280 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31062-061592 establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1992, effective July 1, 1992. Ordinance No. 31062-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, ~O-,~ Mazy F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director nf Finance Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. Robert H. Bird, Municipal Aaditor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of 3une, 1992. No. 31062-061592. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor and City Clerk for the fiscal year beginning July 1, 1992; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1, For the fiscal year beginning July 1, 1992, and ending June 30, 1993, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of Council-appointed officers shall be as follows: City Manager - $ 99,000 City Attorney - $ 88,000 Director of Finance - $ 88,000 Director of Real Estate $ 53,000 Valuation Municipal Auditor $ 60,000 City Clerk - $ 54,000 2. Paragraph 7 of Ordinance No. 31000-051192, adopted May 11, 1992, is hereby amended as follows to provide annual salary increments payable on a bi-weekly basis for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business: Position Title City Attorney City Clerk Director of Finance Director of Real Estate Valuation Municipal Auditor Annual Salary Increment $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 If the requirement that any of the foregoing officers own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. 3. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the paycheck of July 15, 1992. 4. 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 on and after July 1, 1992. ATTEST: City Clerk Noel C. ~ylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 June 19, 1992 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sr. File #60-1-18-38-83-104-162-280 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 31061-061592 amending and reordaining certain sections of the 1991-92 General Fund Appropriations, providing funds for salary increases and salary supplements for the City Manager, Director of Finance, City Attorney, City Clerk, Director of Real Estate Valuation and Municipal Auditor for the fiscal year beginning July 1, 1992. Ordinance No. 31061-061592 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 15, 1992. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. Robert H. Bird, Municipal Auditor Ms. Mary F. Parker, City Clerk 1992-93 emergency. WHEREAS, Government of the exist. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 15th day of June, 1992. No. 31061-061592. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government City Manager (1) ............ City Attorney (2-3) ....... Director of Finance (4-5)... City Clerk (6-7) ............ Municipal Auditor (8-9) ..... Real Estate Valuation (10).. Nondepartmental Contingency (11-12) ............................... $ 8,404 884 475 018 537 293 1,596 848 280 248 346 380 751 534 $ 10,489,669 531,779 1) Regular Employee Salaries 2) Regular Employee Salaries 3) Salary Supplement 4) Regular Employee Salaries (001-002-1211-1002) $ 9,000 (001-003-1220-1002) 8,000 (001-003-1220-1050) 200 (001-004-1231-1002) 8,000 5) Salary Supplement 6) Regular Employee Salaries 7) Salary Supplement 8) Regular Employee Salaries 9) Salary Supplement 10) Salary Supplement 11) Supplemental Budgets - Employee Compensation 12) Contingency (001-004-1231-1050) (001-001-1120-1002) (001-001-1120-1050) (001-005-1240-1002) (001-005-1240-1050) (001-023-1235-1050) (001-002-9410-2207) (001-002-9410-2199) 200 5,000 200 5,000 200 200 (25,000) (11,000) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk.