HomeMy WebLinkAboutCouncil Actions 12-14-92MCCADDEN
31271
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
December 14, 1992
7:30 p.m.
AGENDA FOR THE COUNCIL
Call to Order
Roll Call. Vice-Mayor Fitzpatrick was
absent.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
Presentation to the Mayor and Members of Council. Magnet School
Students.
PUBLIC HEARINGS
Ao
Public hearing on the request of Horace G. Fralin, W. H. Fralin and
Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, that
a tract of land located at 3002 Brandon Avenue, S. W., containing
.327 acre, more or less, identified as Official Tax No. 1620111, be
rezoned from RM-2, Residential Multi-Family, Medium Density
District, to CN, Neighborhood Commercial District, subject to certain
conditions proffered by the petitioners. Mr. Stephen M. Claytor,
Agent, Spokesperson.
Adopted Ordinance No. 31271 on first reading. (6-0)
Bo
Co
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Public hearing on the request of Benjamin S. Motley, Kimbefly C.
Motley and Kenneth L. Motley that tracts of land located at 1702/1704
Greenwood Road, S. W., described as Lot 11, Block 23, Map of
Raleigh Court Corporation, and 1708/1710 Greenwood Road, S. W.,
described as Lot 10, Block 23, Map of Raleigh Court Corporation,
Official Tax Nos. 1340101 and 1340103, respectively, be rezoned from
RS-3, Residential Single Family District, to RM-2, Residential Multi-
Family, Medium Density District, subject to certain conditions
proffered by the petitioners. Mr. Benjamin S. Motley, Spokesperson.
Adopted Ordinance No. 31272 on first reading. (6-0)
Public hearing on the request of Joel L. Ewen that a tract of land
located on the southwesterly side of Mexico Way, N. E., containing
.78 acre, more or less, identified as Official Tax No. 7110105, be
rezoned from RS-3, Residential Single Family District, to C-2,
General Commercial District, subject to certain conditions proffered by
the petitioner. Mr. Keith L. Rastorfer, Agent, Spokesperson.
Adopted Ordinance No. 31273 on first reading. (6-0)
Public hearing on the request of the City of Roanoke to alter and close
by barricade a portion of Maitland Avenue, N. W., at its intersection
with Williamson Road and Woodbury Street. Mr. W. Robert Herbert,
City Manager.
Adopted Ordinance No. 31274 on first reading. (6-0)
Public hearing on proposed amendments and revisions to Chapter 36.1,
Zoning, of the Code of the City of Roanoke (1979), as amended, such
amendments and additions to define new terms, tow truck operation
and inoperative vehicle; permit day care centers accessory to churches,
synagogues and other places of worship as special exception uses in
certain districts and as permitted uses in certain districts; permit day
care homes and day care centers accessory to multifamily dwellings of
fifty dwelling units or more in certain districts; permit medical
laboratories as special exception uses in the C-2 District; permit a tow
truck operation as a special exception use in LM and HM Districts;
2
permit the retail sale of goods stored on the premises in LM and HM
Districts; amend sign regulations in CN and C-1 Districts; amend
general requirements for all day care centers; regulate the storage of
inoperative vehicles; amend membership requirements for the
Architectural Review Board; require either a basic development plan
or a comprehensive development plan with an application for a zoning
permit; and repeal Section 21-40.1, Open storage or inoperative
vehicles in residential or commercial or agricultural districts. Mr.
Charles A. Price, Jr., Chairperson, City Planning Commission.
Adopled Ordinance No. 31275 on first reading. (6-0)
CONSENT AGENDA
(APPROVED 6-0)
ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
C-I Minutes of the regular meetings of Council held on Monday,
August 10, and Monday, August 24, 1992.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
3
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(I), Code of Virginia
(1950), as amended.
C-3
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss a special award, being the annual Citizen of the
Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950),
as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss a special award,
being the annual Citizen of the Year Award,
pursuant to Section 2.1-344 (A)(10), Code
of Virginia (1950), as amended.
C-4
Qualification of George A. McLean, III, as a member of the Youth
Services Citizen Board to fill the unexpired term of Timothy M. Lewis,
resigned, ending May 31, 1994.
RECOMMENDED ACTION: Receive and file.
C-5
Qualification of Michael W. Ridenhour and Harold F. Dill as members
of the Advisory Board of Human Development for terms of four years each,
ending November 30, 1996.
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATFERS:
4
o
e
a. Request to address Council with regard to pay inequities for school
teachers. Mr. Mason Powell, Spokesperson.
Received and filed.
PETITIONS AND COMMUNICATIONS:
a. A communication from the Roanoke City School Board recommending
appropriation of $44,757.00 for the Regional Adult Literacy and Basic
Education program.
(6-O)
Adopted Budget Ordinance No. 31276-121492.
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
1. A report recommending adoption of a resolution establishing a
Regional Disability Services Board in the Fifth Planning District,
and appointment of the Human Development Coordinator to
serve on said Board.
Adopted Resolution No. 31277-121492. (6--0)
2. A report recommending acceptance and appropriation of funds,
in the amount of $14,193.00, from the Department of Criminal
Justice Services, Forfeited Asset Sharing Program.
Adopted Budget Ordinance No. 31278-121492. (6-0)
5
A report recommending acceptance of the bid submitted by
Linear Dynamics, Inc., in the amount of $36,324.00, to supply
6,300 gallons of traffic paint for the City's annual street marking
program.
Adopted Resolution No. 31279-121492. (6-0)
A report recommending acceptance of bids for certain vehicular
equipment; and transfer and appropriation of funds in
connection therewith.
Adopted Budget Ordinance No. 31280-121492 and Resolution
No. 31281-121492. (5-0, Mayor Bowers abstained from
voting.)
A report recommending acceptance of the lowest responsible
bids for certain Utility Line Service equipment, in the total
amount of $185,548.51; and appropriation of funds in
connection therewith.
Adopted Budget Ordinance No. 31282-121492 and Resolution
No. 31283-121492. (6-0)
b. CITY ATTORNEY:
A report advising of the
Attorney.
Received and filed.
appointment of an Assistant City
6. REPORTS OF COMMITI'EES:
A report of the Legislative Committee transmitting a proposed
Legislative Program for the 1993 Session of the General Assembly.
Vice-Mayor Beverly T. Fitzpatrick, Jr., and Council Member William
White, Sr., Co-Chairpersons.
Adopted Resolution No. 31284-121492. (6-0)
6
b. Minutes of the Audit Committee meeting held on Monday,
December 7, 1992. Council Member William White, Sr., Chairperson.
Received and filed.
7. UNFINISHED BUSINESS:
ao
A report of the City Manager with regard to a request of the Town of
Vinton on behalf of Mr. William P. Vinyard, Jr., for an adjustment of
the boundary between the City of Roanoke and the Town of Vinton
in the vicinity of Vinyard Park and along Daleton Avenue and Dale
Avenue, between 13th Street and Midway Street, S. E.
Adopted Ordinance No. 31285 on first reading. (6-0)
INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS: None.
OF
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City
Council.
10.
The Mayor requested that the matter of a mounted police patrol be
referred to 1992-93 Budget Study for consideration.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
OTHER HFJARINGS OF CITIZENS:
The City Attorney was requested to draft a measure amending Ordinance No.
26305 adopted on December 27, 1982, to provide for staggered terms of
office for members of the Board of Zoning Appeals.
7
CERTIFICATION OF EXECUTIVE SESSION. (6-0)
Reappoints! Carolyn Hayes-Coles, John P. Bradshaw, Jr., and Richard L.
Jones as members of the City Planning Commission.
Reappointed Beverly T. Fitzpalrick, Sr., to the Court Commnnity Corrections
Policy Board.
Adopted Resolution No. 31286-121492 cancelling the regular meetings of
City Council scheduled for December 21 and 28, 1992. (6-0)
8
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
R~anoke, Virginia 24011-1594
Telephone: (703) 981-2444
December 14, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB: se
M~yor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avent~, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
December 14, 1992
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss a special award, being the annual
Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia
(1950), as amended.
Sincerely,
-~ A. Bowers
Mayor
DAB: se
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
December 18, 1992
File #15-110-304
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 George A. McLean, III, has qualified as a member of the
Youth Services Citizen Board, to fill the unexpired term of Timothy M. Lewis,
resigned, ending May 31, 1994.
Sincerely, D
Mary F. 15arker, CMC/AAE
City Clerk
MFP: sw
pc: Ms. Marion V. Crenshaw, Youth Planner
0-2
Oath or ^mrma ' on of Office
'9~---[~4- A9:23
State of I~irgiai~z, Oi~/ ol l~oc~noke, to .~:
I, Georse A. McLean~ III , do solem~y sw~r (or ~m) ~t
I ~1 sup~ the Constitution of the Unit~ States, and the Constitution of ~e S~te of Virginia, and ~at
I ~1 faithfully and impa~ially discharge and ~orm all the duties incumbent u~n me a.s
a member of ~he Youth Services Citizen Board, Lo f~11 ~he unexpired ~erm of
T~moChy H. Lew~s, resigned, end~ng Hay 31, 1994.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this ~-~.
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
December 18, 1992
File #15-72-110
The Reverend Frank G. Feather, Chairperson
Advisory Board of Human Development
P. O. Box 6297
Roanoke, Virginia 24017
Dear Reverend Feather:
This is to advise you that Michael W. Ridenhour and Harold F. Dill have qualified as
members of the Advisory Board of Human Development for terms of four years each,
ending November 30, 1996.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. James D. Ritchie, Director, Human Development
0-9
~:~ ~?~Oa~ or Affirmation of Office
· . £~-3 73"06
I, Michael W. Ridenhour ., do solemnly swear (or affirm) that
will support the Constitution of the United States, and the Constitution of the State of Virginia, and thgt
will faithfully and impartially discharge and perform all the duties incumbent upon me as
a member of the Advisory Board of Human Development, for a term of four years
ending November 30, 1996.
according to the best of my ability.
Subscribed and sworn to before me, this
0-2
RECEFvE.~ ~ '~
"- ' Afflrmaflon of Office
01'
I]EO -3 P 3 '..0,6
~larold F. Dill , do solemnly swear (or affirm) thst
I,
I will support the Constitution of the United States, and the Coustitutlou of the State oi Virginia, and that
I will falth[ully and impartlall¥ discharge and perform all the duties incumbent upon me as
a member of the Advisory Board of Human Development, for a term of four years ending
November 30, 1996.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this
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
December 15, 1992
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I am enclosing copy of a statement from Mr. Mason Powell, Executive Vice President
of the Roanoke Education Association, which statement was presented at a regular
meeting of Council on Monday, December 14, 1992.
Mr. Powell did not present his statement in its entirety inasmuch as he was unaware
that his remarks would be limited to five minutes. Therefore, he has requested that
copy of his statement be forwarded to the members of Council for your information.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. Mason Powell, 2225 Yellow Mountain Road, S. E., Roanoke, Virginia
24014
Mr. W. Robert Herbert, City Manager
ADDRESS TO CITY COUNCIL, DECEMBER 14, 1992
by Mason Powell,
Executive vice-president of the Roanoke Education Association,
and Resident of Roanoke City,
2225 Yellow Mountain Road, SE, 24014
Mayor Bowers, distinguished members of City Council, fellow citizens:
I am Mason Powell, a resident oftbe City of Roanoke; I am also the Executive Vice President of
the Roanoke Education Association and the Chair of its Salary Committee. I speak to you tonight on
behalf of the membership of the REA. We have several concerns we wish to share with you:
1. SALARY INEQUITIES
First is the matter of salary inequities. Like our peers in the city municipal system, school system
workers are facing grievous inequities. While some of our peers are not too bed off compared to
others around the state, most classified employees, as well as all beginning teachers, all teachers
with more than twenty years experience, and most lower-level administrators, fall
embarrassingly Iow in state rankings. Most school board employees are paid much leas than our
counterparts in Roanoke County and the City of Salem. Ironically, much of this fall has taken place
in the last ten to twelve years, the years when the Roanoke City School System's reputation has
soared, at least on paper! In fact, during this period, Roanoke City ha~ fallen from first place to last
place in local rankings!
Salary inequities: While the average worker fares poorly, our upper-level administration leaders
are among the best paid in the state. Last year, most of us received a nominal three percent misc.
Then our upper administrators received raises of six, seven, and yes, even ten percent! Those
administrators rank variously 12th, 10th, 5th, and apparently, 1st in the state, while many of us have
dropped to the low 60ths and 70ths. [SEE CHART]
We are both glad and proud to see that our city fathers see fit to fund competitive salary and
benefits for higher level administrators. However, these actions can only be condoned when all
employees, from the bottom up, receive commensurate compensation. It is necessary that you act to
help undo these injustices. We peons are the ones who dedicate our lives to do the work for which
the administrators take credit. For every 8ood program in our schools, there are many of us who
work our fingers to the bone to accomplish that good, yet only the administrators get the credit! We
deserve to be compensated as adequately as they are!!
Wh/le we recosnize that you cannot dictate salaries to the school board, we are very aware of
your power over budget catesofies and the weight that dty council's suggestions carry in the political
arena.
We are also painfully aware of the deal cut last year at the joint meeting of City Council and the
School Board concerning salaries for school system employees. We are told that, at this joint
meeting, council and the school board agreed to give all city and school board employees the same
raise - 3%. For this reason, the school board did not give us as much as we should have received.
Oh, treachery and deceit! After this meeting, when most school board employees were given their
three percent, the city granted a lopsided and inequitable raise scheme to city workers. Then upper
level administrators in the city got their glorious perks! Then upper level administrators in the city
received their much-higher-than-three percent raises! It looks like City Council and School Board
were stabbing each other in the back, but the peons in both systems were the ones who bled!
2. PING-PONG BALL -
We are so tired of being financially shafted! When we try to identify our shaftor, issues quickly
become muddied. No one has the guts to admit to being responsible for our financial plight! City
Council members point the finger at School Board members and say, "That's who is not asking for
your fair raise. They put your raises in a supplemental budget which they know that nobody takes
seriously."
School board members point the finger at City Council and say, "We ask, but they won't give."
Both sides imply that they have no control over our raises.
Informed sources suggest that the real arbiter of our inadequate salaries is the Superintendent, but
he claims that he is totally behind us and that he respects our financial needs.
We are sick of playing the governmental Ping-Pong ball game! We are tired of being bounced
back and forth between City Council and the School Board while no one owns up to their
responsibilities and actions. We look to City Council to assurae the leadership to raise us out of this
muck. We ask you to publicly state that you will support the fair raise we deserve and that you are
willing to stand behind that in public meetings as well as behind closed doors.
3. BE PROACTIVE INSTEAD OF REACTIVE
We are increasingly concerned about the scandals, financial discrepancies, evidence of
admini~ative high-handiness and arrogance, potentially illegal or immoral actions which seem to
breed in upper levels of administ,ation where people are paid so much more than their underlings that
they seem to feel an h~unity to the rules of common conduct and morality. We feel that problem
could be overcome by several methods. First, pay ALL employees fairly, and the gap wouldn~ even
exist. Secondly, listen to employees and oversee the behaviors of all employees, fi.om the top down!
Third, Uy to get a handle on things and become a proacth, e body instead of a react/~e one! It is so
embarrassing to us to find our lenders continually enmeshed in scandals which should never have
occurred in the first place.
While we commend Mayor Bowers on his continual actions to extinguish brush fires within the
government, we request the Mayor and all City Council members to exer~ the vision to lead us into
the furore rather than bog us down with these unjust situations which seem to take all of council's
attention.
· 4. THE DEMOCRATIC PROCESS
We have real concerns about the way daily business takes place among members of City Council
as well as members oftbe School Board. There was a time in the past when these bodies held their
discussions and deliberations in public, in the light of day, before God and all interested citizens.
Now, however, the b-~-~avord is consensus. Webster defines consensus as: "agreement, especially
in opinion." Modern practice seems to define consensus as a total give-end-take in which aH parties
must agree with the outcome. This would be fine except for a spin which suggests that deals must be
cot behind closed doors for these agreements to take place so that all members can concur. Why
can~ council and the school board go back to the open and honest times when people spoke their
minds and stood behind their opinions; when individuals had the guts to let their positions be known
and to let their constituents know where they stood?!
Whatever happened to true democracy and fair play?. Will you help to bring it back?
5. THE FUTURE IS AT STAKE:
I feel privileged to have attended a recent workshop at which Vice-Mayor Bev Fitzpatrick
addressed educators from this and surrounding areas. In this address, he stressed that there are three
factors of economic development which hold the key for the development of the Roanoke Valley.
The first and most important factor he stressed was EDUCATION. He stated that Education is the
most critical element in economic development. He iterated that education is critical to the future of
Western Virginia and of this country. He noted that we in the western part of the state are so often
apologetic- that we should not be. Unfortunately, it is ot~en difficult to overcome this self-
deprecation when we are told so poignantly by our employers, in their attitudes and in our
paychecks, that we are not worthy.
Today's kids are tomorrow's leaders! We know that there is a real possibility that state funding
may not be adequate to support all of our needs this coming year. Each year, the federal and state
slices of the educational funding pie become smaller and smaller. If Roanoke is to return to
educational leadership in the state, the citizens of this city must be prepared to adequately fund its
educational needs. That includes fair and competitive wages for educational employees. Education
will succeed only if localities pick up the funding difference and spend local dollars to protect the
future of local children. Roanoke must begin to stand behind its residents. All citizens will benefit
fi.om a better educated workforce of the future. It is imperative that City Council assume the
leadership to increase educational funding! Our children are at stake. Does this city have a more
predous commodity? Be sure you fund Roanoke's future!
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (?03) 981-2~,1
SANDlOt H. EAKIN
Deputy City Clerk
December 18, 1992
File #60-467
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31276-121492 amending and reordaining certain
sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of
$44,757.00 in connection with the 1992-93 Regional Adult Literacy and Basic
Education Program to provide funds for operation of adult literacy programs in
Alleghany County, Roanoke County and the Cities of Covington, Clifton Forge and
Salem, from November 1, 1992 through June 30, 1993. Ordinance No. 31276-121492
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, December 14, 1992.
Sincerely, f~/~
Mar~ F~P. arker, CMC/AAE
City Clerk
MFP: sw
Enc.
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. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF RO~IqOKE, VIRGINIA
The 14th day of December, 1992.
No. 31276-121492.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Grant Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
Government of the
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
ADDroDrla~ioms
Education
Regional Adult Literacy and Basic Education
1992-93 (1-4) ......................................
Revenue
Education
Regional Adult Literacy and Basic Education
1992-93 (5) ........................................
1) Administrative
Services
2) social Security
3) Indirect Costs
4) Contracted
Services
5) Federal Grant
Receipts
(035-060-6758-6450-0121) $ 3,273
(035-060-6758-6450-0201) 250
(035-060-6758-6450-0212) 846
(035-060-6758-6450-0313) 40,388
(035-060-6758-1102)
44,757
$20,048,267
44,757
$20,048,267
44,757
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
' ~)EPAETMENT OF FINANCE RECE?~ED
¢,T~ OF ~OA~OK£.VA. OITY C! :~" ~ '
December 14, 1992
'92 DECIO P4:30
TO:
FROM:
SUBJECTs
Honorable Mayor and Members of City Council
James D. Grisso, Acting Director of Finance
School Board Request for the Appropriation of Grant
Funds
I have reviewed the attached request to appropriate
funding for the School Board. This report will appropriate funding
for one grant in the Grant Fund. This grant will be funded with
100% federal funds.
I recommend that you concur with the request of the
School Board.
JDG:pac
Aq~ing Director of Finance
~,~1~I Finn D. Pincus, Chairman
Charles W. Day, Vice Chairman
Marilyn C. Curtis
fx.-Roanoke
City School Board
C. Nelson Harris
Martha W. O'Neil
Clubert G. Poff
James M. Turner, Jr.
Frank P. Tota, Superintendent
Richard L. Kelley, Clerk of the Board
P.O. Box 13145, Roanoke, Virginia 24031 * 703-98t-2381 * Fax: 703-981-2951
December 2, 1992
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its December 1, 1992
meeting, the Board respectfully requests City Council to appropriate
$44,757.00 for the Regional Adult Literacy and Basic Education program for
the operation of adult literacy programs. The program will be reimbursed by
federal funds.
Sincerely, . C~/~~
R,chard L. Kelley
Executive for Business Affairs
and Clerk of the Board
rg
CC:
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray; Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
,/~M[' Wilburn C..D. ibling
James D. Gnsso
: Ila Farriss (with accounting details)
Excellence in Education
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Regional Adult Literacy and Basic Education 92-93
6758
035-060-6758-6450-0121
035-060-6758-6450-0201
035-060-6758-6450-0212
035-060-6758-6450-0313
Appropriation Unit Z7G
035-060-6758-1102
Administrative Services
Social Security
Indirect Costs
Contracted Services
Federal Grant Receipts
$ 3,273.00
250.00
846.00
40,388.00
$ 44,757.00
$ 44,757.00
The Regional Adult Literacy and Basic Education program for 1992-93 will
provide funds for the operation of adult literacy programs in Alleghany
County, Roanoke County and the Cities of Covington, Clifton Forge and Salem.
The program will be subcontracted through Total Action Against Poverty (TAP),
and will be reimbursed by federal funds. The program will operate November 1,
1992 through June 30, 1993.
December 1, 1992
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
December 18, 1992
File #72-110-326
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31277-121492 p~oviding for establishment of
a regional Disability Services Board in conjunction with other member local
governments of the Fifth Planning District, and appointing Donna S. Norvelle,
Human Development Coordinator, to serve as ex-officio member of said Board.
Resolution No. 31277-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
pc;
Mr. Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. James D. Grisso, Acting Director of Finance
Mr. James D. Ritchie, Director, Human Development
Ms. Donna S. Norvelle, Human Resources Coordinator
Ms. Sandra E. Eakin, Deputy City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of December, 1992.
No. 31277-121492.
A RESOLUTION providing for the establishment of a regional
Disability Services Board and for the appointment of a local
official to serve as an ex-officio member of such Board.
WHEREAS, S51.5-47, Code of Virginia
requires every county and city to establish,
in combination with another political
Disability Services Board;
WHEREAS, it is the intent of City Council to establish a
regional Board with other local governments of the Fifth Planning
District for the purpose of implementing Chapter 10, Local
Disability Service Boards, of Title 51, Code of Virginia (1950), as
amended.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. A regional Disability Services Board shall be established
in conjunction with the other member local governments of the Fifth
Planning District, and one local official shall be appointed from
each local government to serve on such Board.
2. The Board shall consist of not more than fifteen members,
and the local officials appointed by their governing bodies shall
select the remaining members of the Board pursuant to S51.5-47.B.,
Code of Virginia (1950), as amended.
(1950), as amended,
either singularly or
subdivision, a local
3. City Council approves participation of the City of
Roanoke in such regional Disability Services Board and hereby
appoints its Human Development Coordinator as its ex-officio
appointee to such Board.
4. The City Clerk is directed to forward an attested copy of
this resolution to Donna $. Norvelle, Human Development
Coordinator, and Wayne G. Strickland, Executive Director, Fifth
Planning District Commission.
ATTEST:
City Clerk.
RECEIVED
December 14, 1992
'92 DE0-gR e, Virginia
Honorable Mayor David A. Bowers and
Members of City Council
Roanoke, Virginia
Resolution Establishing A Regional Disability
Services Board andAppoint~ent Of One Lo~al
Official To Serve On The Board
I. BACKGROUND
Am
Bm
em
In 1991, Lieutenant Governor Donald S. Beyer,
formed the Commission on Coordination of
Delivery of Services to Facilitate
Self-Sufficiency and Support of Persons with
Physical and Sensory Disabilities to develop
a plan for greater responsiveness to
consumers and improved coordination in
addressing the goals and needs of
Virginians with physical and sensory
disabilities.
In response to the commission's report, th~
Virginia General Assembly enacted House Bill
1_~5 which provides for the establishment of
disability services boards throughout the
Commonwealth.
Section 51.5-47 of the Code of Virqinia re~uirec
local qovernments, either sinqly or in combination
with other localities, to establish local
disability services boards.
The disability services boards will b~
resnonsible to local ~overnment and
primarily serve as a critical resource for
needs assessment, information sharing and
service opportunities. The board will be
responsible for the formation of a report
with a six-year projection of local service
needs and priorities to be used in planning by
relevant state agencies.
The suqaested auidelines for the establishment of
the disability services board are included in
Attachment A.
The ~uidelines recommend:
The membership of a board shall not exceed
fifteen members;
Membership shall include at least one local
official from each of the participating
jurisdictions, two representatives of the
business community, and consumbers. The board
should have no less that thirty percent
representation by individuals or family
members of individuals with physical, visual,
or hearing disabilities;
II. CURRENT SITUATION
III.
ISSUES
A.
B.
C.
Officials reDresentin~ all local ~overnments
in the Fifth Plannin~ District have met and
a~reed it is desirable to participate in a
regional effort to establish a disability
services board and appoint a local official
from each local government to serve on the board.
At the first meeting, the nine local government
representatives will recommend and agree upon the
remaining six members in accordance with the
guidelines.
Officials reDresentin~ all local governments
a~reed that the regional Disability Services Board
will develop its operating procedures including
designating terms of board members in accordance
with the suggested guidelines.
The followina iurisdictions in the Fifth Planning
District have enacted or are in the process of
enactin~ resolutions establishing their
participation in a regional effort and have
appointed a local official to serve.
Town of Vinton
Roanoke County
City of Salem
City of Covington
Craig County
Botetourt County
City of Clifton Forge
Allegany County
Legal Issues.
Timing.
Duplication of Efforts.
IV.
ALTERNATIVES
Ce
ae
City Council resolve to establish a reaiona]
disability services board in the Fifth
Planning District and appoint the Human
Development Coordinator to serve on the
board.
Le al Issues. The establishment of a
disability services board is required by
the Code of Vir inia.
Timinq. Timing is an issue. The Code of
Virginia required the establishment of
the boards by November 1, 1992. While
the Fifth Planning District did receive
an extension, this issue must be enacted
upon in a timely manner.
~. Duplication would not be an
issue.
City Council resolve to establish a local
disability services board excluding the other
Jurisdictions in the Fifth Planning District.
Le al Issues. The establishment of a
disability services board is required by
the Code of Vir inia.
Timinq. Timing is an issue. The Code of
Virginia required the establishment of
the boards by November 1, 1992. While
the Fifth Planning District did receive
an extension, this issue must be enacted
upon in a timely manner. Establishment of a
local board would require additional time to
organize, appoint, and impliment.
~. Duplication would be an issue.
Several organizations and community leaders
who likely would be board members serve and
respond to citizens in multiple
jurisdictions. Establishment of a separate
board may present the perception that the
City is duplicating the efforts of our
neighboring jurisdictions.
City Council does not resolve to establish a
regional disability services board in the Fifth
Planning District and does not appoint the Human
DeveloDment Coordinator to serve on the board.
~. The City will not be in
compliance with the provisions of
Section 51.5-47 of the Code of ~.
Se
Timina. The city will not be in
compliance with the deadlines
identified to establish the disability
services board.
RECOMMENDATION
A. City Council resolve to concur with Alternative
"A" above and establish a reaional disability
services board in the Fifth Planninq District and
aPPoint Donna Norvelle. Human Development
Coordinator to serve on the board.
Respectfully submitted,
W. Robert Herbert
City Manager
cc:
James D. Grisso, Acting Director of Finance
Wilburn C. Dibling Jr., City Attorney
James D. Ritchie, Director of Human Development
Donna S. Norvelle, Human Development Coordinator
Wayne G. Strickland, Executive Director, Fifth Planning
District Commission
12/02/92 12:49 ~ 703 343 4417 FIFTH PDC P.02
199 . S£SSlON
VIRGINIA ACTS OF ASSEMBLY - CHAPTER 6 ~ ~ REENROLLED
An Act to amend and reenact ~ ~.J.J.7 and ~.~:~ o~ th~ C~ o~ Virginia and to
amend the Code o/ Virginia by adding in Titl~ 51.5 a chapter numbed !0, cons/sling
of ~ctions num~red $1.~.4~ though g1.5-~2, relati~ to the e~tabllshm~nt o/ local
disability ~i~s ~a~s.
iH 151
Approved
Be it enacted by the Ge,.n. eral Assembly of Virginia:
1. 'That §§ 2.1-1.7 a. nd 9-6.25.2 of the Code of, Vilginia are amended and reenacted and that
the Code of Virgima is amended by adding in Title 51.5 a chapter numbered 10, consisting
of sections numbered 51.I~47 mrou~ 51,552, as follows: ·
§ 2.1-1.7. State counciis.--A. '~aere shall be, in addition to such others as may be
established by law, the following permanent collegial bodies either affiliated with more
than one agency or independent of an agency within the executive branch:
.A~ricultural Council, Virginia
Atcohol and Drug Abuse Problems, Governor's Council on
Child Day Care and Ea hood Programs, Virginia Council on
Child ._Da, y-Care Council
Citizens Advisory Council on Furnishing and Interpreting the Executive Mansion
Commonwealth's Attorneys' Services and Training Council
Developmental Disabilities Planning Council, Virginia
Disability .Vervicea Council
to
Equal Employment Opportunity Council, Virginia
Handicapped Children, Inter~ency Coordinating Council on Delivery of Related Services
HHealth Services Cost Review Council, Virginia
onsing for the Disabled, lnterngency Coordinating Council on
Human Rights, Council on
Human Services Information and Referral Advisory Council
Indians, Council on
Job Training Coordinating Council, Governor's
Land Evaluation Advisory Council
Local Debt, State Council on
Long. Term Care Council
Military Advisory Council, Virginia .
_Needs .o.f H.an..dicappe~J_ Persons, ~Overall Advisory Council on the
~revenuon, Virginia council on coordinaUng *
Public Records Advisory Council, State
Rate~ettlng for Children's FaciliUes, Interdepartmental Council on
Revenue Estimates, Advisory Council on
State Health Benefits Advisory Council
Status of Women, Council on the
B, Notwithstanding the definition for "council*' as provided in § 2.1-1.2, the following
enUties shall be referred to as councils:
Environment, Council on the
Council on InformaUon Management
Higher F. ducaUon, State Council of
World Trade Council, Virginia.
§ 9-6.25:2. Policy boards, commissions and counciis.mTbere shall be, in addition to such
others as may be designated in accordance with § 9-6.25, the following policy boards,
commissions and councils:
AppranUceship Council
Athletic Board
Auctioneers Board
Board for Accountancy
Board ~or _Architects, Professional Engineers, Land Surveyors and Landscape Architects
Board ~or
Board
Board for
Board for
Board for
Board for
Board for
Board for
Board for
Board .of
Board of
Board of
Board of
Board of
Board of
Board of
Contractors
Cosmetology
Geology
Hearing Aid Specialists
Opticians
Professional Soil Scientists
Rights of Vir$inians With Disabilities
Waterworks ~nd Wastewater Works Operators
the Visually Handicapped
Agriculture and Consumer Services
Audiolo~' and Speech Pathology
Comn~erce
Conservation and Recreation
Correctional Education
Dentistry .
Directors, State Education Ass'i~ce Authority
Board of Directors, Vlrglnta Education Loan Authority
Board of Examiners in the Department of Mines, Minerals nnd Energy
Board of Funeral Directors and Embalmers
Board of Historic Resources
Board of HoustM and Community Development
Medical Assistance Services
Board of
Board of Medicine
Board of NurslM
Board of NursiM Home Administrators
Board of Optometry
Board of Pharmacy
Board of Profe~ional Counselors
BOaFd of Psychology
Board of Relmbllltative Services
Board of Social Services
Board of Social Work
Board of Surface Minim Review
Board of Veterinary Medicine
Board on Conservation and Development of Public Beaches '
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virslnia Council on
Cltild Day. Care Council
Commission on Local Government
Commonwealth Transportation Board
Council on the Environment
Council on Human RiSltts
Council on Information ~Mnaagement
Criminal Justice Services Board
Dl~g~llity ,~s~,¥~# Council
Farmers Market Board, Virginia
Interdepartmental Council on Rate-setting for Children's Facilities
Library Board, the Vlrslnia State Library and Archives
Marine Resources Commission
Milk ConunisSlon
Pesticide Control Board
Real Estate Appraiser
Real Estate
Reciprocity Board, .Department of Motor Vehicles
Safety and Health Codes Board
Seed Potato Board
State Air Pollution Control Board
State Board of Corrections
State Board of £iactions
State Board o! Health
State Board of Youth and Family Services
State Health Department, Sewage Handling and Disposal Appeal Review Board
State Library Board
12/02/92 12:51 ~ 703 345 4417 FIFTH PDC P.04
State Mental Health, Mental Retardation and Substance Abuse Services Board
State Water Control Board
Substance Abuse Certification Board
Treasury Board, The, Department of the Treasury
Vi~ lnia Aviation Board
Vir lnia Fire Services Board
Vir inia Health Planning Board
Vlr lnia Health Services Cost Review Council
Vir lnia Manufactured Housing Board
Viz lnia Oil and (}as Conservation Board
Virl Lnia Parole Board
Vir~ lnia Public Telecommunications Board
Vlrl Lnia Soil and Water Conservation Board
Virginia Voluntary Formulary Board
Virginia Waste Management Board ' '~
Virginia Well Review Board
Virginia World Trade Council
Waste Management Facility Operators, Board for.
CHAPTER
LOCAL DISABILITI~ SERVICF~ ~OARDS.
~ 5J.5~17. Local boards; appointment; membership and staff.~A. Every county and city
shaft establish, either sirtgly or in combination with another political subdivision, a lo~al
disability sarvices board by November 1, 1992, to provide input to state agencies on
servi~ needs and priorities o! persons with physical and ~nsory disabilities, to provide
information and r~ourc~ referral to lo~al governments r~gardtng the Americans with
DL~tblllties Acta and to provide such other atslstan~ and advt~ to Io~al governments as
may b~ r~tluested. Ouidelln~ for the estttblishment of lodal disability sert, tces boards shall
be develol~d by the Disability Services Council. A~ u~d in this chapter, the term "board"
moans a local disability ear,tees board, l'he board shall In~ r~eponMbis to the go~orning
body or bodies of the caunty or city or combination thereof which eMabllsh~d the board.
B. The lo,ti gov~rning bodise of the /urisdiction~ participating in the board shall
determine the number of members on the board and appoint the rnembors. The
memborshlp of a board shall not ex~d fifteen. Meml~r~litp shall include at least one
local offi'~tal /rom oaeh of the participating /urisdlctiont, two mpr~ntativ~s of the
bu~inets community, and consumers. Each board shall hav~ no lets than t~irty percent
r~pr~ntation by indtvidual~ or family memln~r$ of individuals with physical, visual, or
hearing disabilities.
C. P/her~ a locoJ hoard or commission for the physically and sansary disabled
appointed by a lodal governing body is already In exiMen~, thc local governing body may
deMgnate such board or commt~ion as the local disability sar~i~s board. In order to
deslgnat~:l a~ th~ local disability ~rvice$ board, th8 existing board or commitston shall
meat the mamborship r~pmsantation r~qulr~mente designated in ~ub~tion B.
D. Staff support to the boards shall !~ provided by the D~partmant of Rthabilltativ~
S~rvtc~s with appropriata consultation /rom the D~partment for the Visually Handicapped
and the D~partmsnt for the 12~af and Hard-of-Hearing. Localities may provide
supplemental staff support to the boards.
£. la~alttI~ ~hall not i~ mandated to fund any rocommendations made by the local
~ $1.8.6~. Duties and responsibilities of local disability ~rvlc~s .board$,~l'he boards
shall:
1. ,4~ts thc local ear,Ica n~d$ and advise the appropriate state and lo~al agencies
servin~ per~ons with physical and ~nsory disabilitis~ of their findings;
2. D~v~lop and make avalidbl~ for public comment a r~port with a sDc.year pro/ection
of local ~r~i~ neetis and priorities for por~ons with physt~al and ~n$ory disabilities in
aacordan~ with Mats guidelines. The r~port and updates to the r~port shall I~ submitted
to the Disability Ser~icas Council. The firm report shall bo submitted by June !. 1993. The
r~ports shall !~ mvisw~d by the Council and shall I~ distributad to the appropriat~ Mate
agencies and tncorporat~l into the agencies' programmatic and fiscal planning/or, s~r~ices
to per~on$ with phyM~al and sansory disabilities;
3. Obtain input from local public and privata service providers and utillge such
information In the de~lopment of the r~port;
4. Re~isw and update the report biennially;
5. Serv~ as a catalyst for the d~velopment of public and pri~ate funding sources;
12/02Y92 12:52 ~ 70J 545 4417 FIFTH PDC P,05
4
$. De~'~lOp r~tluests to the r~habilltativ~ s~rvlces incenti~ [und when local [unding [or
match is td~nti~d;
~. Administer th~ Inc~nti~ ~nds, ff r~i~d, th~ugh th~ d~ignat~d fi~l agent in
a~rdan~ ~tth the ~p~d ~xpsnditu~ plan; and
& Exrhange tn~atl~ with other I~1 ~rd$ mgarding se~ic~s to p~r~ns with
phyzi~l and ~n~ dl~btlities and ~st p~ctices In the deltve~ of
~ 51.5~9. Dt~bllity S~i~$ Coun=il; member~lp and re$pon~lbllitl~.~ ~A The
~bility Se~i~s Co~vil is h~by ~$tabl~. The Council ~hall ~nsist o/ the
Comml$$lon~r o/ the ~pa~ment o/ Rehab~ltatlv$ ~l~s, the Commi~ioner of the
~pa~m~nt /or th~ Vl~al~ Handl~p~, the Di~ctor o~ th~ ~ment./or the
and Ha~/-H~Hng, th$ ~Hnte~nt o/ ~Mia Initiation, th~ contum~r
mp~nti~ phy$l~l and ~ di~bilitls~ and one ~p~ntati~ o/ I~! go~nt.
The ~vemor ~afl ap~int t~ th~ ~umer me~ and th~ I~l go~mment
~p~ntati~e and $h~ ap~int th~ =hal~an annu~ily~. B. Fhe Counofl'~ duties ~a~ in~ud~ th~ ~Howtng:
L ~lop~ guid~ll~s lot !~ d~ilt~ ~t~S ~ to ~ In ds~lopi~ the
~m~nt o~ R~habflitatl~ ~ ~ d~t~bu~ th~ guid~lins$ to th~ ~rds.
2. ~v~lopl~ a g~nt ali~tion ~$tsm whlah ~lm~ a I~ matah and .annual
guidtlin~s ~or tht ~nt appll~tio~ ~r th~ ~tats ~habllltati~ ~i~s in~nti~ ~nd.
~h~ 1~ match may ~ ~Rh~r public or p~ts ~, or a ~mbination, but in-hind
~nt~butlon$ $h~ not ~ ~d~ In th~ l~! match unl~ $p~l~ily append by the
Council. ~h~ lniti~ guid~lin~ ~hafl ~ d~lo~d by No~m~r 1, 1993. ~h~ ~partm~nt o/
R~habilitati~ ~s $h~ d~t~ut~ th~ gutd~lins$ to th~ ~rd$ annually.
3. P~dl~ a fln~ ~ o/ th~ ~u~tt pm~l$ ~or awa~ ~m th~ ~tat~
r~h~ltati~ ~1~s in~nff~ ~nd. ~ah m~i~ ~hafl ~ ~or ~l$ttnay ~th guidellnss
and to obtain i~atlon ~ ~r ~m guM~li~
~ ~1.$-50. Stat~ ~habllitati~ t~i~$ tnc~ntl~ ~nd: ~ttablishm~nt and
admln~t~tlon.--A. A ttat~ ~h~ilitati~ ~ ln~ntl~ ~nd $h~ ~ ~$tabl~h~d
and ~mlnDt~ bp th$ ~m~t of ~habliitati~ ~l~$ to m~t pmgmmmatta and
lndiv~u~ malpi~nt n~ not oth~ m~t thm~h ~tlng ]$d~mL $tat~, or 1~1
pmgmmt, a~ to d~lop ~mm~l~ pmgm~ ~ m~t t~ n~ of ~r~ with phy~t~l
and ~ d~bgit~$. ~ dl~bfli~ ~l~tt ~ ~tt~ to ~ /or a ~nt. ~m
t~ ~nd ~ t~mg their grant pm~ to th~ ~m~nt, ~h~ ~snt
autho~t~d to ma~ g~O ~r pmgm~ a~ ~ /or ~n$ with phyM~ and
~n~ di~llitl~t to ~ wh~ ~nt ~pl~tio~ ~iy with th~
g~vtlo~ by th~ ~gl~ ~
a~aflabgl~ o/gmn~ ~m ~ ~d ~ not ~ t~n into ~M~mtion tn, nor ~d to
~du~, t~t~ or l~ ~p~atio~ or ~ym~nO.
~ $1.~-51. L~! ~habilitatlvs $~W~t inwntiv~ ~nd: tttablith~nt and
~gmlntttm~on.~ d~gi~ ~ ~s may ~ttabl~h a i~ mhabllltatlw~
~z tn~n~ ~ a~ may m~ ~ndltu~t ~m ~ah ~nd to m~t
and indlvidu~ ~t ~ not oth~ m~t thm~h ~ti~ /~d~, ~tat~, or Io~
and ~ d~bfl~. ~ ~h a ~nd ~ ~t~ltth~d, th~ l~ go~ml~ ~l~ o/
/u~lctt~ ~i~ti~ In t~ ~ ~1 d~t~at~ th~ ~ agent lot tht
admin~tmtlon o/ t~ ~nd. ~ a~gabflity o/ th~ I~ ~d ~a~ not ~ tarn InW
~nsid~tlon In, nor ~ to ~du~, stat~ or i~i ~p~pflatIo~ or payment.
phytl~ and ~ d~bfllH~ may ~n~n~ a I~ ints~genay ~i~t t~m to ~pond
to th~ n~t o/ l~t~du~ ~m~r~ who ~uim ~xt~n~l~ ~rdlnatlon of
M~hlp on th~ t~ ~ ~t th~ ns~ds o/ t~ tndi~du~ ~u~r and may
~aiud~ but ~ not ~ iimit~ to: ~pm~ntati~t ~m th~ ~pa~m~nt o/R~habllitati~
~1~, th~ ~nt /or th~ W~u~y Handi~p~, th~ ~pa~m~nt ~r th~ ~ and
Ha~/.H~, ~mmunl~ ~l~t ~, and I~al ~i~ ~t~ d~pa~m~nt~, h~alth
~n~, and ~h~ di~io~. ~n ~st~l~h~, int~g~ncy ~i~z t~ms ~hafl
~t~Mt ~r ~nduati~ an ~nt p~ ac~ ag~nvt~t to id~nti~ the ~t~ngthz
and n~sds of individual ~ntum~rt, d~ioping a rthabilitation plan, and integrating the
a~y o[ ~qui~ ~s. lnt~mg~nay ~tc~t teams ~hall r~port to the consumer's
12/02x92 12~54 ~ 703 345 4417 FIFTH PDC P.06
5
case manager or Counselor, Q~ appropriate.
P~esident of the Senate
Approved:
Speaker of the House of Delegates
~overnor
'' ATTACHMENT A
GUIDELINES FOR THE ESTABLISHMENT OF LOCAL
DISABILITY SERVICES BOARDS
ESTABLISHMENT OF THE DISABILITY SERVICES BOARD
A Disability Services Board (DSB) shall be established to represent a single jurisdiction
or combinations of jurisdictions in accordance with the formula described below.
Combi~{ations of jurisdictions represented by a single DSB should occur in accordance
with the formula developed by the Beyer Commission. The formula, described below,
is intended to enhance ,*he effectiveness of the local Boards Pad streamline the
administration of the Boards.
Localities may designate an existing local Board or Commission for the physically and
sensory disabled as the DSB, if such Board or Commission meets the membership
representation requirements stipulated in the Virginia Code Section 51.5-47.
The formula below, developed during the Beyer Commission's study, should be applied
for the establishment of a DSB.
There should be at least one DSB, representing the localities within each
Planning District.
One additional DSB should be established within a Planning District if the
number of Cities and Counties within that District exceeds eight.
Up to three additional Boards may also be established within a Planning District
if the total population of the Planning District exceeds 350,000. No Planning
District should have more than five boards, nor should any single jurisdiction
have more than one DSB.
A Joint Powers Agreement is necessary for forming a DSB to represent a combination
of jurisdictions.
A copy of the executed Joint Powers Agreement should be forwarded to the
Department of Rehabilitative Services Central Office in Richmond, Virginia within
thirty days after execution.
The DRS Central Office will review the records establishing the DSB for consistency
with the guidelines and will maintain DSB administrative records. Therefore, local
jurisdictions should forward documentation of public actions such as copies of executed
resolutions or Joint Powers Agreements and official minutes recording board
appointments to the Department of Rehabilitative Services, Central Office in
Richmond, Virginia.
DUTIES AND RESPONSIBILITIES OF THE DSB
Assessment and reporting duties and responsibilities of the DSB should be fulfilled as
specified in the Vir~,inia Code Section 51.5-48.
Assess the local service needs and advise the appropriate state and local agencies
serving persons with physical and sensory disabilities of their findings;
Develop and make available for public comment a report with a six-year
projection of local service needs and priorities for persons with physical and
sensory disabilities in accordance with state guidelines. The first report shall be
submitted by June 1, 1993.
Obtain input from local public and private service providers and utilize such
information in the development of the report.
Review and update the report biennially.
Serve as a catalyst for the development of public and private funding sources.
Develop requests to the rehabilitative services incentive fund when local funding
for match is identified.
Administer the incentive funds, if received, through a designated fiscal agent in
accordance with an approved expenditure plan as specified within the grant.
Exchange information with other DSBs, and local organizations within the
community regarding services to persons with physical and sensory disabilities
and best practices in the delivery of services.
The DSB will provide input to state agencies on service needs and priorities of persons
with physical and sensory disabilities.
The DSB will provide information and resource referral to local governments on the
Americans with Disabilities Act (ADA).
Localities are not mandated to fund any recommendations made by the DSB.
The Disability Services 'Boards will not provide direct ~ervices.
RECRUITMENT AND APPOINTMENT OF DSB MEMBERS
The local governing bodies of the jurisdictions participating in the DSB will determine
the number of members on the board and appoint the members. The membership of a
board shall not exceed fifteen. Membership shall include at least one local official
from each of the participating jurisdictions, two representatives of the business
community, and consumers. Each DSB shall have no less than thirty percent
representation by individuals or family members of individuals with physical, visual, or
hearing disabilities.
Localities are encouraged to appoint DSB members in accordance with established
written criteria.
Written criteria for DSB membership Should include:
A willingness to actively participate;
An interest in, and knowledge of community service needs of persons with
disabilities;
The ability and willingness to network;
An interest in and knowledge of government, business and community
concerns;
Expertise and/or experience in representing constituent concerns; and
A willingness to seek advice or more information, if appropriate when issues
are presented.
Recruitment for potential board members should include requesting referrals and
nominations through:
Other community board members;
Local business and trade associations;
Advocacy groups, consumers, and individuals interested and involved within
their communities; and
Public notification.
In making appointments local jurisdictions should insure that Boards include persons
with h~e,xtring, visual and physicals.disabilities. At a minimum a person from each
should serve on t~e Boar~;
Localities should provide the names and addresses of DSB appointees to the
' Department of Rehabilitative Services within thirty days afte-, appointments are made.
DSB TERMS OF MEMBERSHIP AND BOARD MEMBER
ORIENTATION
Localities should establish staggered three year terms, of office. When vacancies occur
they should be filled throU~g]f~ ~-r~s~'nat~wel~ recruits new individuals and also
provides opportunity for reappointment of current members with limits on consecutive
terms of office.
Each DSB appointee is expected to participate in DSB board orientation.
BOARD OPERATING PROCEDURES
Each DSB will need to establish Operating Procedures.
Operating Procedures should address the following:
Name of the DSB and the jurisdiction(s) served by the DSB;
Purpose of the DSB as specified in the Statute;
Composition of the DSB and the Terms of office for DSB members;
Orientation of DSB members;
Duties and Responsibilities of the DSB;
DSB meeting information such as regular and special meeting requirements,
voting, quorum, and attendance requirements, reappointraent, replacement
process, and business procedures
DSB officers and committee structure;
Modification of Operating Procedures;
Adoption of Reports produced by the DSB; and,
Memorandum of Understanding, if applicable.
Each DSB established by a single jurisdiction is encouraged to execute a
Memorandum of Understanding with the jurisdiction.
A copy of the executed Memorandum of Understanding should be
provided to the DRS Central Office in Richmond, Virginia within thirty
days of execution.
A copy of the DSB Operating Procedures should be-provided to the DRS Central Office
in Richmond, Virginia within thirty days after adoption by the DSB.
9/92
MARY F. PARKER
City CIe~k
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-133-5
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31278-121492 amending and reordaining certain
sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of
$14,193.00 representing funds received from the U. S. Department of Criminal
Justice, Forfeited Property Sharing Program. Ordinance No. 31278-121492 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
December 14, 1992.
Sincerely, ~L~/~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ene.
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, Chief, Police Department
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of December, 1992.
No. 31278-121492.
VIRGINIA
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Grant 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 1992-93 Grant Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Public Safety
Forfeited Asset Sharing Program (1) ................
Revenue
$ 1,259,239
14,193
Public Safety
Forfeited Asset Sharing Program (2) $ 1,259,239
................ 14,193
1) Other Equipment (035-050-3302-9015)
2) State Grant
Revenue (035-035-1234-7133)
$14,193
14,193
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
RECEI¥£D
CiTY CL?"~ ~".t::7
'92 I]FI] =9
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear
Members of Council:
Subject: Forfeited Asset Sharing Program
Commonwealth of Virginia
I. Backqround:
P2:31
Roanoke, Virginia
December lq, 1992
Virqinia General Assembly passed State legislation in
1991, 18.2.B49 COV, which allows local law enforcement to
seize and have forfeited property connected with illegal
narcotics distribution. The law also makes it possible
for police departments to receive proceeds from these
forfeited properties.
Application for an equitable share of the property seized
by local law enforcement must be made to the Department of
Criminal Justice Services, Forfeited Asset Sharing Program
certified by the Chief of Police as to the appropriate
agency and representative to receive the property.
Property (including funds shared with State and local
agencies) may be used only for the purpose stated in the
application, i.e., Law Enforcement Use-Purchase Equipment.
The Department of Criminal Justice Services requires
participants in the Forfeited Asset Sharing Program to
submit an annual financial statement of receipts and
expenditures related to the program, certifying that the
proceeds were used for law enforcement purposes.
II. Current Situation:
Police Department estimates that $14,193.00 will be
received from the State Forfeited Asset Sharing Program.
The Department of Criminal Justice Services is the
dispensing agent. Dispensed Funds are mailed to the
Finance Director, City of Roanoke for direct deposit from
that office.
Subject:
Mayor and Members of Council
Forfeited Asset Sharing Program Commonwealth of Virginia
Page 2
City Council action is needed to accept these funds and
authorize the Director of Finance to establish grant fund
accounts from which the Police Department may dispense
these funds in accordance with provisions of the program
as follows:
1. Capital Outlay/Other Equipment (035-050-3302-9015)
Revenues collected to date for this grant fund are $?83.00
and deposited in Grant Account Number 035-035-1234-9133.
The Police Department estimates an additional amount of
$13,410.00 will be received.
III. Issues:
Need
Funds Availability
IV. Alternatives:
City Council accept funds from the Department of Criminal
Justice Services, Forfeited Asset Sharing Program and
authorize the Director of Finance to establish appropriate
accounts so that funds can be expended in accordance with
program requirements·
1. Need exists to provide additional funds and equipment
to enhance undercover narcotics control
investigations.
Funds availability will be determined by the quantity
of assets seized as a result of narcotic
investigations and forfeited through the Forfeited
Asset Sharing Program.
City Council reject assets from the Department of Criminal
Justice Services, Forfeited Asset Sharing Program and not
authorize Director of Finance to establish appropriate
Sub j ect:
Mayor and Members of Council
Forfeited Asset Sharing Program Commonwealth of Virginia
Page 3
Need for supplemental funds enabling increased
effectiveness of undercover drug enforcement will not
be met.
Funds will not be applied For or received from the
Forfeited Asset Sharing Program.
IV.
Recommendation is that Council approve alternative "A" to
accept assets from the Forfeited Asset Sharing Program and:
A. Appropriate $14,193.00 to the following grant fund
1. Capital Outlay/Other Equipment (035-050-330R-9015)
B. Establish the revenue estimate for this grant fund at
$147193.00.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH: MDH/kt
CC:
City Attorney
Director of Finance
Director of Administration/Public Safety
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (70S) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #20-183-514
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
total amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
EHC o
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
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
December 18, 1992
File #20-183-514
Technical Coating Corporation
P. O. Box 1142
Alpharetta, Georgia 30239-1142
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
total amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedeseribed item.
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
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #20-183-514
Ms. Cynthia M. Beck
Assistant Secretary
Linear Dynamics, Inc.
400 Lanidex Plaza
Parsippany, New Jersey 07054
Dear Ms. Beck:
I am enclosing copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
total amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 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, Virsinia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #20-183-514
Mr. Thomas C. Tilley
Sales Representative
Tidewater Supply Co.
P. O. Box 13146
Roanoke, Virginia 24031
Dear Mr. Tilley:
I am enclosing copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
total amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 1992.
On behaif of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed item.
Sincerely, ~D.~(~
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
December 18, 1992
File #20-183-514
Mr. B. L. Munsey, President
Metro Paint Supply, Inc.
3719 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Dear Mr. Munsey:
I am enclosing copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
total amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed item.
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
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #20-183-514
Devoe and Raynolds, Co.
4000 Dupont Circle
Louisville, Kentucky 40207
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 31279-121492 accepting the bid of Linear
Dynamics, Inc., for furnishing and delivering 6,300 gallons of traffic paint, in the
totai amount of $36,324.00, in order to continue the City's annual street marking
program. Resolution No. 31279-121492 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed item.
Sincerely, fD-~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc o
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of December, 1992.
No. 31279-121492.
VIRGINIA,
A RESOLUTION accepting the bid of Linear Dynamics, Inc. made
to the City for furnishing and delivering traffic paint; and
rejecting all other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Linear Dynamics, Inc., made to the City,
offering to supply 6,300 gallons of traffic paint meeting all of
the City's specifications and requirements therefor, for the total
bid price of $36,324.00, which bid is on file tn the Office of the
City Clerk is hereby ACCEPTED.
2. The City's Manager of General Services is hereby
authorized and directed to issue the requisite purchase order
therefor, incorporating into said order the City's specifications,
the terms of said bidder's proposal and the terms and provisions of
this resolution.
3. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to
notify each such bidder and to express to each the City's
appreciation for such bid.
ATTEST:
City Clerk.
Roanoke, Virginia
December 14, 1992 CITY
'92 DEBIO P 1:50
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT:
Bids to Purchase Traffic
Paint, Bid No. 92-11-75
I. Backqround
Traffic Paint is necessary to properly mark City
streets.
Bid Requests were specifically sent to seven (7)
vendors currently listed on the City's bid list. A
public advertisement was also published in the
Roanoke Times and World News and Roanoke Tribune.
Bids were received, publicly opened and read, after
due and proper advertisement, in the Office of the
Manager of General Services, at 2:00 p.m. on
Wednesday, November 25, 1992.
II. Current Situation
A. Five (5) bid responses were received. Bid
tabulation is attached.
Ail bids received were evaluated in a consistent
manner by representatives of the following
departments:
Street Maintenance
General Services
III. Issues
A. Need
B. Compliance with Specifications
IV.
C. Fund Availability
Alternatives
ae
Council accept the lowest responsible bid to supply
6,300 gallons of traffic paint, as submitted by
Linear Dynamics, Inc. for the total cost of
$36~324.00.
Traffic Paint
Page 2
Bid No. 92-11-75
Need - Traffic paint is necessary to continue
the City's annual street marking program.
Compliance with Specifications
submitted by Linear Dynamics,
required specifications.
- The iow bid
Inc. meets all
3. Fund Availability - Funds are available in
Street Maintenance FY 91-92 budget account
001-052-4110-3005 to provide for this
purchase.
B. Reject all bids
1. Need - The City's annual street marking
program could not be continued.
Compliance with Specifications - would not be
a factor in this alternative.
3. Fund Availability Budgeted funds would not
be expended.
V. Recommendation
Council concur with Alternative "A" - accept the
lowest responsible bid as submitted by Linear
Dynamics, Inc. for 6~300 qallons of traffic paint,
for the total cost of $36~324.00.
Reject all other bids.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
0
0
o
0
o
0
0
0
o
0
o
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
December 18, 1992
File #183-268-468-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31281-121492 accepting the following bids for
certain vehicular equipment:
Item Quantity and Successful Purchase
No. Description Bidder Price
1 One New Cab/Chassis Farrell Ford, Inc. $15,185.22
for Flat Bed Body
2 Four New 1-Ton Crew Bergiund Chevrolet, 91,966.40
Cab Pick-up Trucks Inc.
3 One New 1/2-Ton Dominion Car Company 13,561.88
Pick-up Truck
4 One New 1-Ton Farrell Ford, Inc. 14,266.22
Cab / Chassis
5 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 4
Dominion Car Company
General Truck Body
Company
Magic City Ford
6 One New 3/4-Ton 14,552.34
Cab / Chassis, 4-Wheel Drive
7 One New Utility Body 2,340.00
to be mounted on Item
No. 6
8 One New Cab/Chassis 21,626.23
for Heavy Duty Service
Body
Mr. W. Robert Herbert
December 18, 1992
Page 2
Item Quantity and Successful Purchase
No. Description Bidder Price
9 One New Heavy Duty General Truck Body 4,189.00
Service Body to be Company
mounted on Item
No. 8
10 One New Cab/Chassis Berglund Chevrolet, 19,868.09
for a 10-Foot Dump Body Inc.
11 One New 10-Foot Truck Body Company 4,299.83
Dump Body to be
mounted on Item
No. 10
12 One New 1/2-Ton Full Dominion Car Company 11,866.77
Size Pick-up Truck
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director, Public Works
Mr. Nelson M. Jackson, Manager, Buildings and Grounds
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services
Mr. M. Craig Sluss, Manager, Water Department
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
December 18, 1992
File #183-268-468-472
Mr. W. B. Bailey, Jr.
Vice President
Virginia Truck Center
P. O. Box 7178
Roanoke, Virginia 24019
Dear Mr. Bailey:
I am enclosing copy of Resolution No. 31281-121492 accepting the following bids for
certain vehicular equipment:
Item Quantity and Successful Purchase
No. Description Bidder Price
I One New Cab / Chassis Farreli Ford, Inc. $15,185.22
for Flat Bed Body
2 Four New 1-Ton Crew Bergiund Chevrolet, 91,966.40
Cab Pick-up Trucks Inc.
3 One New 1/2-Ton Dominion Car Company 13,561.88
Pick-up Truck
4 One New 1-Ton Farreli Ford, Inc. 14,266.22
Cab / Chassis
5 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 4
6 One New 3/4-Ton Dominion Car Company 14,552.34
Cab / Chassis, 4 -Wheel Drive
7 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 6
Mr. W~ ~. Bailey, Jr.
December 18, 1992
Page 2
Item Quantity and Successful Purchase
No. Description Bidder Price
8 One New Cab/Chassis Magic City Ford 21,626.23
for Heavy .Duty Service
Body
9 One New Heavy Duty General Truck Body 4,189.00
Service Body to be Company
mounted on Item
No. 8
10 One New Cab/Chassis Berglund Chevrolet, 19,868.09
for a lO-Foot Dump Body Inc.
11 One New 10-Foot Truck Body Company 4,299.83
Dump Body to be
mounted on Item
No. 10
12 One New 1/2-Ton Full Dominion Car Company 11,866.77
Size Pick-up Truck
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed vehicular equipment.
Sincerely, ~o..aJ.~c~
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
December 18, 1992
File #183-268-468-472
Mr. W. L. McCormick, President
McCormick International
P. O. Box 12087
Roanoke, Virginia 24022
Dear Mr. McCormick:
I am enclosing copy of Resolution No. 31281-121492 accepting the following bids for
certain vehicular equipment:
Item Quantity and
No. Description
1
One New Cab/Chassis
for Flat Bed Body
Four New 1-Ton Crew
Cab Pick-up Trucks
One New 1/2-Ton
Pick-up Truck
4 One New 1-Ton
Cab / Chassis
5
One New Utility Body
to be mounted on Item
No. 4
One New 3/4-Ton
Cab / Chassis, 4-Wheel Drive
One New Utility Body
to be mounted on Item
No. 6
Successful
Bidder
Farrell Ford, Inc.
Bergiund Chevrolet,
Inc.
Dominion Car Company
Farrell Ford, Inc.
General Truck Body
Company
Dominion Car Company
General Truck Body
Company
Purchase
Price
$15,185.22
91,966.40
13,561.88
14,266.22
2,340.00
14,552.34
2,340.00
M~.-W. L. McCormick, President
December 18, 1992
Page 2
Item Quantity and Successful Purchase
No. Description Bidder Price
8 One New Cab / Chassis Magic City Ford 21,626.23
for Heavy .Duty Service
Body
9 One New Heavy Duty General Truck Body 4,189.00
Service Body to be Company
mounted on Item
No. 8
10 One New Cab/Chassis Bergiund Chevrolet, 19,868.09
for a 10-Foot Dump Body Inc.
11 One New 10-Foot Truck Body Company 4,299.83
Dump Body to be
mounted on Item
No. 10
12 One New 1/2-Ton Full Dominion Car Company 11,866.77
Size Pick-up Truck
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed vehicular equipment.
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 2a,011
Telephone: (703) 981-25a, 1
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #183-268-468-472
Mr. Don Welch
Sales Representative
Santo/The Heil Company
P. O. Box 8676
Chattanooga, Tennessee 37411
Dear Mr. Welch:
I am enclosing copy of Resolution No. 31281-121492 accepting the following bids for
certain vehicular equipment:
Item Quantity and Successful Purchase
No. Description Bidder Price
I Farrell Ford, Inc. $15,185.22
2 Berglund Chevrolet, 91,966.40
Inc.
One New Cab/Chassis
for Flat Bed Body
Four New 1-Ton Crew
Cab Pick-up Trucks
3 One New 1/2-Ton Dominion Car Company 13,561.88
Pick-up Truck
4 One New 1-Ton Farreli Ford, Inc. 14,266.22
Cab / Chassis
5 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 4
6 One New 3/4-Ton Dominion Car Company 14,552.34
Cab/Chassis, 4-Wheel Drive
7 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 6
Mr. Don Welch
December 18, 1992
Pa~e 2
Item Quantity and Successful Purchase
No. Description Bidder Price
8
One New Cab/Chassis
for Heavy .Duty Service
Body
Magic City Ford
21,626.23
9 One New Heavy Duty General Truck Body
Service Body to be Company
mounted on Item
No. 8
4,189.00
10 One New Cab/Chassis Berglund Chevrolet,
for a 10-Foot Dump Body Inc.
19,868.09
11
One New 10-Foot
Dump Body to be
mounted on Item
No. 10
Truck Body Company
4,299.83
12
One New 1/2-Ton Full
Size Pick-up Truck
Dominion Car Company
11,866.77
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, ! would like to express
appreciation for submitting your bid on the abovedescribed vehicular equipment.
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, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
$ANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #183-268-468-472
Mr. Robert F. Kaplan
Vice President
Dominion Car Company
1259 E. Main Street
Salem, Virginia 24153
Dear Mr. Kaplan:
I am enclosing copy of Resolution No. 31281-121492 accepting the bids of Dominion
Car Company, in the amount of $13,561.88, for a 1/2-ton pick-up truck; one 3/4-ton
cab/chassis, 4-wheel drive, in the amount of $14,552.34; and one 1/2-ton full size
pick-up truck, in the amount of $11,866.77. Resolution No. 31281-121492 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
December 14, 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
December 18, 1992
File #183-268-468-472
Ms. Deborah M. Beck
Corporate Secretary
Cavalier Equipment Corporation
P. O. Box 12507
Roanoke, Virginia 24026
Dear Ms. Beck:
I am enclosing copy of Resolution No. 31281-121492 accepting the following bids for
certain vehicular equipment:
Item Quantity and Successful Purchase
No. Description Bidder Price
1 One New Cab/Chassis Farrell Ford, Inc. $15,185.22
for Flat Bed Body
2 Four New 1-Ton Crew Bergiund Chevrolet, 91,966.40
Cab Pick-up Trucks Inc.
3 One New 1/2-Ton Dominion Car Company 13,561.88
Pick-up Truck
4 One New 1-Ton Farrell Ford, Inc. 14,266.22
Cab / Chassis
5 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 4
6 One New 3/4-Ton Dominion Car Company 14,552.34
Cab/Chassis, 4-Wheel Drive
7 One New Utility Body General Truck Body 2,340.00
to be mounted on Item Company
No. 6
Ms. Deborah M. Beck
December 18, 1992
Page 2
Item Quantity and Successful Purchase
No. Description Bidder Price
8 One New Cab/Chassis Magic City Ford 21,626.23
for Heavy Duty Service
Body
9 One New Heavy Duty General Truck Body 4,189.00
Service Body to be Company
mounted on Item
No. 8
10 One New Cab/Chassis Bergiund Chevrolet, 19,868.09
for a 10-Foot Dump Body Inc.
11 One New 10- Foot Truck Body Company 4,299.83
Dump Body to be
mounted on Item
No. 10
12 One New 1 / 2-Ton Full Dominion Car Company 11,866.77
Size Pick-up Truck
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed vehicular equipment.
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
December 18, 1992
File #183-268-468-472
Mr. Ken D. Spangier
Fleet Manager
Bergiund Chevrolet, Inc.
P. O. Bex 12608
Roanoke, Virginia 24027
Dear Mr. Spangier:
I am enclosing copy of Resolution No. 31281-121492 accepting the bids of Berglund
Chevrolet, Inc., in the amount of $91,966.40, for four 1-ton crew cab pick-up
trucks; and one cab/chassis for a 10-foot dump body, in the amount of $19,868.09.
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 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 Ctcrk
December 18, 1992
File #183-268-468-472
Mr. Jesse B. Sellers, Jr.
Fleet Manager
Farrell Ford, Inc.
834 E. Main Street
Salem, Virginia 24153
Dear Mr. Sellers:
I am enclosing copy of Resolution No. 31281-121492 accepting the bids of Farrell
Ford, Inc., in the amount of $15,185.22, for one cab/chassis for a flat bed body;
and one 1-ton cab /chassis, in the amount of $14,266.22. Resolution No. 31281-121492
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, December 14, 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
December 18, 1992
File #183-268-468-472
My. J. B. Young, President
General Truck Body Company
1919 10th Street, N. W.
Roanoke, Virginia 24012
Dear Mr. Young:
I am enclosing copy of Resolution No. 31281-121492 accepting the bids of General
Truck Body Company, in the amount of $2,340.00, for one utility body to be mounted
on a 1-ton cab/chassis; one utility body to be mounted on a 3/4-ton cab/chassis, 4-
wheel drive, in the amount of $2,340.00; and one heavy duty service body to be
mounted on a cab/chassis, in the amount of $4,189.00. Resolution No. 31281-121492
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, December 14, 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, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #183-258-468-472
Mr. Paul A. Grim
Truck Fleet Manager
Magic City Ford
P. O. Box 12807
Roanoke, Virginia 24028
Dear Mr. Grim:
I am enclosing copy of Resolution No. 31281-121492 accepting the bid of Magic City
Ford, in the amount of $21,626.23, for one cab/chassis for heavy duty service body.
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely, f~
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
December 18, 1992
File #183-268-468-472
Mr. C. W. Calhoun
Sales Manager
Truck Body Corporation
P. O. Box 10906
Lynchburg, Virginia 24506
Dear Mr. Calhoun:
I am enclosing copy of Resolution No. 31281-121492 accepting the bid of Truck Body
Corporation, in the amount of $4,299.83, for one 10-foot dump body to be mounted
on a cab/chassis. Resolution No. 31281-121492 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of December, 1992.
No. 31281-121492.
VIRGINIA,
A RESOLUTION accepting bids for certain vehicular equipment,
and rejecting other bids.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to
furnish to the City the items hereinafter set out and generally
described, such items being more particularly described in the
City's specifications and any alternates and in each bidder's
proposal, are hereby ACCEPTED,
each item:
Item Quantity and
No. Description
at the purchase prices set out with
Successful Purchase
Bidder Price
1
2
3
4
5
6
7
8
One (1) New Cab/Chassis
for Flat Bed Body
Four (4) New 1-Ton Crew
Cab Pick-up Trucks
One (1) New 1/2-Ton
Pick-up Truck
One (1) New 1-Ton
Cab/Chassis
One (1) New Utility Body
to be mounted on Item #4
One (1) New 3/4-Ton
Cab/Chassis, 4-Wheel Drive
One (1) New Utility Body
to be mounted on Item #6
One (1) New Cab/Chassis
for Heavy Duty Service
Body
Farrell Ford, Inc.
Berglund Chevrolet,
Inc.
Dominion Car
Company
Farrell Ford, Inc.
General Truck Body
Company
Dominion Car
Company
General Truck Body
Company
Magic City Ford
$ 15,185.22
$ 91,966.40
$ 13,561.88
$ 14,266.22
$ 2,340.00
$ 14,552.34
$ 2,340.00
$ 21,626.23
9 One (1) New Heavy Duty General Truck Body $ 4,189.00
Service Body to be mounted Company
on Item #8
10 One (1) New Cab/Chassis Berglund Chevrolet, $ 19,868.09
for a 10-Foot Dump Inc.
11 One (1) New 10-Foot Truck Body Company $ 4,299.83
Dump Body to be mounted
on Item #10
12 One (1) New 1/2-Ton Full Dominion Car $ 11,866.77
Size Pick-up Truck Company
2. The City's Manager of General Services is hereby
authorized and directed to issue the requisite purchase orders for
the above-mentioned items, said purchase orders to be made and
filed in accordance with the City's specifications, the respective
bids made therefor and in accordance with this resolution.
3. Any and all other bids made to the City for the aforesaid
items are hereby REJECTED; and the City Clerk is directed to so
notify each such bidder and to express to each the City's
appreciation for each bid.
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
December 18, 1992
File #60-183-268-468-472
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31280-121492 amending and reordaining certain
sections of the 1992-93 General, Internal Service Fund, and Sewage Fund
Appropriations, providing for the transfer and appropriation of funds in connection
with acceptance of certain bids for trucks and related equipment to be used in the
Building Maintenance Department, Street Maintenance Department, Grounds
Maintenance Department, Utility Line Services and Water Pollution Control.
Ordinance No. 31280-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director, Public Works
Mr. Nelson M. Jackson, Manager, Buildings and Grounds
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services
Mr. M. Craig Sluss, Manager, Water Department
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF RO~%NOKE, VIRGINIA
The 14th day of December, 1992.
No. 31280-121492.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 General, Internal Service Fund, and Sewage 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 1992-93 General, Internal
Service Fund, and Sewage Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Gener&l Fund
ADmroDriations
Public Works
Building Maintenance (1) ............................
Nondepartmental
Transfers to Other Funds (2) ........................
Fund Balance
Capital Maintenance Replacement & Equipment
Program - City - Unappropriated (3) .................
Xnternal Service Fund
Appropriations
Utility Line Services
Capital Outlay (4) ..................................
Fleet Management
Capital Outlay (5) ..................................
$ 20,234,407
2,739,051
11,674,254
11,106,692
$ 1,959,148
$ 2,926,123
258,329
2,987,398
1,087,142
Revenue
Operating Supplement General Fund (6) ............... $ 61,170
Retained Earninas
Retained Earnings Unrestricted (7) .................. $ 3,583,252
sewaoe Fund
AoDrooriations
capital Outlay from Revenue $ 7,366,624
Capital Outlay (8) .................................. 46,412
Retained Earninas
Retained Earnings Unrestricted (9) ................... $ 15,349,191
1) Vehicular
Equipment (001-052-4330-9010) $(15,186)
2) Transfer to
Internal
Service Fund (001-004-9310-9506) 61,170
3) CMERP - city (001-3323) (45,984)
4) Vehicular
Equipment (006-056-2625-9010) 97,044
5) Vehicular
Equipment (006-052-2641-9010) 61,170
6) Operating
Supplement
General Fund (006-020-1234-0951) 61,170
7) Retained
Earnings
Unrestricted (006-3336) (97,044)
8) Vehicular
Equipment (003-056-3175-9010) 11,867
9) Retained
Earnings
Unrestricted (003-3336) (11,867)
BE IT FURTHER ORDAINED that, an emergency
Ordinance shall be in effect from its passage.
existing, this
ATTEST:
city Clerk.
Roanoke, Virginia
December 14, 1992
Honorable Mayor and City Council
Roanoke, Virginia
'92 BEg-9 P2:31
Dear Members of Council:
SUBJECT:
Bids to Purchase Trucks
and Related Equipment
Bid No. 92-10-116
I. Backqround
Capital Maintenance and Equipment Replacement needs
have been identified for various departments.
Identified Trucks and
necessary to continue
and responsibilities
effective manner.
Related Equipment are
to perform assigned duties
in the most efficient and
October~ 1992 specifications were developed and
along with request for quotations, were sent to
twenty-four (24) vendors currently listed on the
City's bid list. A public advertisement was also
published in the Roanoke Times and Roanoke Tribune.
Bids were received, after due and proper
advertisement, until 2:00 p.m. on November 12,
1992, at which time all bids were publicly opened
and read in the Office of the Manager of General
Services.
Vehicles identified in this bid is for the
following departments:
Building Maintenance
Street Maintenance
Grounds Maintenance
Utility Line Services
Water Pollution Control
II. Current Situation
A. Eleven (11) bid responses were received.
tabulations are attached.
Bid
Bo
Ail bids received were evaluated in a
manner by representatives of the
departments:
Utilities and Operations
Fleet Management
General Services
consistent
following
Trucks and Related Equipment
Page 2
Bid No. 92-10-116
Bid Evaluations are as follows:
Item #1 - One (1) New Cab/Chassis for Flat Bed Body.
The lowest bid, submitted by Farrell Ford, Inc.,
meets all required specifications for the cost of
$15~185.22.
Item #2 - Four (4) New 1-Ton Crew Cab Pick-Up
Trucks. The lowest bid, submitted by Magic City
Ford, to exception to dual rear wheels. The
exception is substantial and cannot be waived as an
informality.
The second lowest bid, submitted by Berglund
Chevrolet, Inc. meets all specifications for the
cost of $22,991.60 per unit.
Item #3 - One (1) New 1/2 Ton Pick-Up Truck. The
lowest bid meeting specifications is submitted by
Dominion Car Company for the cost of $13~561.88.
Item #4 - One (1) New 1-Ton Cab/Chassis. The
lowest bid submitted by Dominion Car Company and
the second lowest bid submitted by Berglund
Chevrolet, Inc. took exceptions to the 4,000 lb.
rated front axle requirement. These exceptions are
substantial and cannot be waived as informalities.
The third lowest bid submitted by Farrell Ford,
Inc. meets all specifications at a cost of
$14~266.22.
Item #5 - One (1) New Utility Type Body to be
mounted on Item #4. The lowest bid submitted by
Truck Body Corporation took exception to
understructure 50,000 lb. yield, 11 gauge high-
strength steel. This is substantial and cannot be
waived as an informality.
The second lowest bid,
Body Company meets all
of $2,340.00.
submitted by General Truck
specifications for the cost
Item #6 - One (1) New 3/4 Ton Cab/Chassis, 4-Wheel
Drive Pick-Up Truck. The lowest bid submitted by
Dominion Car Company meets all specifications for
the cost of $14~552.34.
Trucks and Related Equipment
Page 3
Bid No. 92-10-116
Item #7 One (1) New Utility Type Body to be
mounted on Item #6. The lowest bid submitted by
Truck Body Corporation took exception to
understructure 50,000 lb. yield, 11 gauge high-
strength steel. This is substantial and cannot be
waived as an informality.
The second lowest bid, submitted by General Truck
Body Company meets all specifications for the cost
of $2,340.00.
Item #8 - One (1) New Cab/Chassis for Heavy Duty
Service Body. The lowest bid submitted by Magic
City Ford meets all specifications for the cost of
$21~626.23.
Item #9 - One (1) New Heavy Duty Service Body to be
mounted on Item #8. The lowest bid submitted by
Truck Body Corporation took exception to
understructure 50,000 lb. yield, 11 gauge high-
strength steel. This is substantial and cannot be
waived as an informality.
The second lowest bid,
Body Company meets all
of $4,189.00.
submitted by General Truck
specifications for the cost
Item #10 - One (1) New Cab/Chassis for 10 Foot
Dump. The lowest bid submitted by Berglund
Chevrolet, Inc. meets all specifications for the
cost of $19,868.09.
Item #11 - One (1) New 10 Foot Dump Body to be
mounted on Item #10. The lowest bid submitted by
Truck Body Corporation meets all specifications for
the cost of $4,299.83.
Item #12 - One (1) New 1/2 Ton Full Size Pick-Up
Truck. The lowest bid submitted by Dominion Car
Company meets all specifications for the cost of
$11,866.77.
Trucks and Related Equipment
Page 4
Bid No. 92-10-116
III. Issues
IV.
1. Need
2. Compliance with Specifications
3. Fund availability
Alternatives
Council accept the lowest responsible bids meeting
specifications for Trucks and Related Equipment as
follows:
Item #1 - One (1) New Cab/Chassis for Flat Bed
Body as submitted by Farrell Ford, Inc. for
the total cost of $15,185.22.
Item #2 Four (4) New 1-Ton Crew Cab Pick-Up
Trucks as submitted by Berglund Chevrolet,
Inc. for the total cost of $91,966.40.
Item #3 - One (1) New 1/2 Ton Pick-Up Truck as
submitted by Dominion Car Company for the
total cost of $13,561.88.
Item #4 - One (1) New 1-Ton Cab/Chassis Pick-
Up Truck as submitted by Farrell Ford, Inc.
for the total cost of $141266.22.
Item #5 - One (1) New Utility Body to be
mounted on Item #4 as submitted by General
Truck Body Company for the total cost of
$2~340.00.
Item #6 - One (1) New 3/4 Ton Cab/Chassis, 4-
Wheel Drive Pick-Up Truck as submitted by
Dominion Car Company for the total cost of
$14,552.34.
Item #7 - One (1) New Utility Body to be
mounted on Item #6 as submitted by General
Truck Body Company for a total cost of
$2,340.00.
Item #8 - One (1) New Cab/Chassis for Heavy
Duty Service Body as submitted by Magic City
Ford for a total cost of $21,626.23.
Trucks and Related Equipment
Page 5
Bid No. 92-10-116
10.
11.
12.
Item #9 One (1) New Heavy Duty Service Body
to be mounted on Item #8 as submitted by
General Truck Body Company for the total cost
of $4,189.00.
Item #10 - One (1) New Cab/Chassis for 10 Foot
Dump as submitted by Berglund Chevrolet, Inc.
for the total cost of $19~868.09.
Item #11 - One (1) New 10 Foot Dump Body to be
mounted on Item #10 as submitted by Truck Body
Corporation for the total cost of $4~299.83.
Item #12 - One (1) New 1/2 Ton Full Size Pick-
Up Truck as submitted by Dominion Car Company
for the total cost of $11~866.77.
Need - Requested equipment, which will
replace old existing equipment is needed
to continue to perform required duties in
various departments.
Compliance with Specifications Those
bids recommended by this alternative
meets or exceeds required City
specifications.
Ce
Fund availability - Funds are available
in Department Capital accounts, Fleet
Management account, Capital Maintenance
and Equipment Replacement Program account
and Internal Service Retained Earnings
account.
Reject all Bids
Need Required duties in various
departments would not be accomplished in
the most efficient manner.
Compliance with Specifications would not
be a factor in this alternative.
3. Fund availability - Available funds would
not be expended.
Trucks and Related Equipment
Page 6
Bid No 92-10-116
We
Recommendation
Council concur with Alternative "A" accept the
lowest responsible bids meeting specifications for
Trucks and Related Equipment as follows and reject
all other bids:
1. One (1) New Cab/Chassis for Flat Bed Body from
Farrell Ford, Inc. for a total cost of
$15~185.22.
2. Four (4) New 1-Ton Crew Cab Pick-Up Trucks
from Berglund Chevrolet, Inc. for a total cost
of $91~966.40.
3. One (1) New 1/2 Ton Pick-Up Truck from
Dominion Car Company for a total cost of
$13~561.88.
4. One (1) New 1-Ton Cab/Chassis from Farrell
Ford, Inc. for a total cost of $14~266.22.
One (1) New Utility Body to be mounted on Item
#4 from General Truck Body Company for a total
cost of $2,340.00.
One (1) New 3/4 Ton Cab/Chassis, 4-Wheel Drive
from Dominion Car Company for a total cost of
$14~552.34.
One (1) New Utility Body to be mounted on Item
#6 from General Truck Body Company for a total
cost of $2,340.00.
One (1) New Cab/Chassis for Heavy Duty Service
Body from Magic City Ford for a total cost of
$21~626.23.
One (1) New Heavy Duty Service Body to be
mounted on Item #8 from General Truck Body
Company for a total cost of $4~189.00.
10. One (1) New Cab/Chassis for a 10 Foot Dump
from Berglund Chevrolet, Inc. for the total
cost of $19,868.09.
Trucks and Related Equipment
Page 7
Bid No. 92-10-116
cc:
11.
One (1) New 10 Foot Dump Body to be mounted on
Item #10 from Truck Body Corporation for a
total cost of $4~299.83.
12.
One (1) New 1/2 Ton Full Size Pick-Up Truck
from Dominion Car Company for a total cost of
$11~866.77.
B. Funding is as follows:
Transfer $15~185.22 from Building Maintenance
Account 001-052-4330-9010 to Fleet Management
Fund 006-052-2641-9010 to purchase Item #1.
$45~983.20 is available in Fleet Management
Fund 006-052-2641-9010 for the purchase of two
(2) units of Item #2.
Appropriate $45~983.20 from Capital
Maintenance and Equipment Replacement Account
to Fleet Management Fund 006-052-2641-9010 for
the purchase of two (2) units of Item #2.
Appropriate $97~043.59 from Utility Line
Services Retained Earnings Account to Utility
Line Services Account 006-056-2625-9010 to
allow for the purchase of Items #3 thru #11.
$11~866.77 is available in Water Pollution
Control Account 003-056-3175-9010 for the
purchase of Item #12.
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
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 2A011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #268-472-183
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely, ~~__
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc: Mr. James D. Grisso, Acting Director of Finance
Mr. Kit B. Kiser, Director, Utilities and Operations
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) 981-2541
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472-193
Mr. Ed Robinson
Sales Coordinator
James River Equipment, Inc.
3902 W. Main Street
Salem, Virginia 24153
Dear Mr. Robinson:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
Sincerely, f~
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Joseph B. Baker
Vice President
Baker Brothers, Inc.
1402 Williamson Road, N. E.
Roanoke, Virginia 24012
Dear Mr. Baker:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Ear.
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
December 18, 1992
SANDRA H. EAK[N
Deputy City Clerk
File #268-472
Mr. William L. Alley, President
MSC Equipment, Inc.
1823 North Hamilton Street
Richmond, Virginia 23230
Dear Mr. Alley:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedesc~ibed Utility Line Service
equipment.
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Ron E. Hunt
Assistant Branch Manager
Mitchell Distributing Company
P. O. Box 390
Salem, Virginia 24153
Dear Mr. Hunt:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Ricky A. Pratt
Purchasing Agent
Star Equipment Corporation
5130 Hildebrand Road, N. W.
Roanoke, Virginia 24012
Dear Mr. Pratt:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Galiaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
CavaHer Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Steve Collins, President
Collins Equipment Co., Inc.
4655 Lee Highway
Bristol, Virginia 24201
Dear Mr. Collins:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
Sincerely, fd.~_.~
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 2~011
Telephone: (703) 981-2541
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Trevor Gardner, Jr., President
Atlantic Machinery, Inc.
P. O. Box 34615
Bethesda, Maryland 20817
Dear Mr. Gardner:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corpora~on
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Peter E. Kurz
Sales Representative
Virginia Public Works
Equipment Company
2101 Loumour Avenue
Richmond, Virginia 23230
Dear Mr. Kurz:
I am enclosing copy of Resolution No. 31283-121492 accepting the foliowing bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
December 18, 1992
File #268-472
Mr. Ron Scott, Sr., President
Scott Gallaher, Inc.
P. O. Box 7920
Roanoke, Virginia 24019
Dear Mr. Scott:
I am enclosing copy of Resolution No. 31283-121492 accepting the bid of Scott
Gallaher, Inc., in the amount of $9,350.00, for one trailer mounted air compressor.
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
Sincerely, fo.~<__~
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
December 18, 1992
File #268-472
Mr. S. Mark Flippo
Sales Manager
Cavalier Equipment Corporation
P. O. Box 12507
Roanoke, Virginia 24026
Dear Mr. Flippo:
I am enclosing copy of Resolution No. 31283-121492 accepting the bid of Cavalier
Equipment Corporation, in the amount of $130,162.51, for one high velocity vacuum
waste removal unit. Resolution No. 31283-121492 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Erie
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia .?~011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #268-472
Mr. T. E. Shelton, President
Shelton-Witt Equipment Corporation
P. O. Box 828
Salem, Virginia 24153
Dear Mr. Shelton:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
December 18, 1992
SANDILA H. EAKIN
Deputy City Clerk
File #268-472
Richmond Machinery and
Equipment Company
P. O. Box 1278
Lynchburg, Virginia 24505
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
Roanoke, Virginia 24011
Telephone: (703) 981-2541
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. Brodie Allman
Administrative Assistant
J. W. Burress, Inc.
P. O. Box 719
Roanoke, Virginia 24002
Dear Mr. Allman:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
Resolution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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 2alOl 1
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #183-268-468-472
Mr. James C. Akers
Sales Representative
Roanoke Welding Company
2016 Russell Avenue, S. W.
Roanoke, Virginia 24015
Dear Mr. Akers:
I am enclosing copy of Resolution No.. 31281-121492 accepting the following bids for
certain vehicniar equipment:
Item
No.
1
2
3
4
Quantity and
Description
One New Cab/Chassis
for Flat Bed Body
Four New 1-Ton Crew
Cab Pick-up Trucks
One New 1/2-Ton
Pick-up Truck
One New 1-Ton
Cab / Chassis
Successful Purchase
Bidder Price
Farrell Ford, Inc.
$15,185.22
Bergiund Chevrolet,
Inc.
Dominion Car Company
91,966.40
13,561.88
Farrell Ford, Inc.
14,266.22
5
One New Utility Body
to be mounted on Item
No. 4
General Truck Body
Company
2,340.00
One New 3/4-Ton
Cab / Chassis, 4-Wheel Drive
One New Utility Body
to be mounted on Item
No. 6
Dominion Car Company
General Truck Body
Company
14,552.34
2,340.00
~Mr. James Co Akers
December 18, 1992
Page 2
Item Quantity and Successful Purchase
No. Description Bidder Price
8 One New Cab/Chassis Magic City Ford 21,626.23
for Heavy .Duty Service
Body
9 One New Heavy Duty General Truck Body 4,189.00
Service Body to be Company
mounted on Item
No. 8
10 One New Cab/Chassis Bergiund Chevrolet, 19,868.09
for a 10-Foot Dump Body Inc.
11 One New 10-Foot Truck Body Company 4,299.83
Dump Body to be
mounted on Item
No. 10
12 One New 1 / 2-Ton Full Dominion Car Company 11,866.77
Size Pick-up Truck
Resolution No. 31281-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed vehicular equipment.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Elle.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2zl011
Telephone: (703) 981-2541
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #268-472
Mr. David L. Elmore, Jr.
Office Manager
Sullair Corporation
4805 Market Drive
Newport News, Virginia 23607
Dear Mr. Elmore:
I am enclosing copy of Resolution No. 31283-121492 accepting the following bids for
certain Utility Line Service equipment:
Quantity and Successful Purchase
Description Bidder Price
One New Trailer
Mounted Air Compressor
Scott-Gallaher, Inc.
$ 9,350.00
One New Rubber Tired
Loader/Backhoe
Shelton-Witt Equipment
Corporation
46,036.00
One New High Velocity
Vacuum Waste Removal
Unit
Cavalier Equipment
130,162.50
ResoIution No. 31283-121492 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 14, 1992.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed Utility Line Service
equipment.
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
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #268-472
Mr. T. E. Shelton, President
Shelton-Witt Equipment Corporation
P. O. Box 828
Salem, Virginia 24153
Dear Mr. Shelton:
I am enclosing copy of Resolution No. 31283-121492 accepting the bid of Shelton-Witt
Equipment Corporation, in the amount of $46,036.00, for one rubber tired
loader/backhoe. Resolution No. 31283-121492 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, December 14, 1992.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of December, 1992.
No. 31283-121492.
VIRGINIA,
A RESOLUTION accepting bids for certain Utility Line Service
equipment, and rejecting other bids.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to
furnish to the City the items hereinafter set out and generally
described, such items being more particularly described in the
City's specifications and any alternates and in each bidder's
proposal, are hereby ACCEPTED, at the purchase prices set out with
each item:
Item Quantity and Successful Purchase
No. Description Bidder Price
1 One (1) New Trailer Scott-Gallaher, $ 9,350.00
Mounted Air Compressor Inc.
2 One (1) New Rubber Shelton-Witt $ 46,036.00
Tired Loader/Backhoe Equipment
Corporation
3
One (1) New High Velocity
Vacuum Waste Removal Unit
Cavalier Equipment
Corporation
$130,162.51
2. The City's Manager of General Services is hereby
authorized and directed to issue the requisite purchase orders for
the above-mentioned items, said purchase orders to be made and
filed in accordance with the City's specifications, the respective
bids made therefor and in accordance with this resolution.
3. Any and all other bids made to the City for the aforesaid
items are hereby REJECTED; and the City Clerk is directed to so
notify each such bidder
appreciation for each bid.
and to
express
ATTEST:
to each
the City's
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
December 18, 1992
File #60-268-472-183
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31282-121492 amending and reordaining certain
sections of the 1992-93 Internal Service Fund Appropriations, providing for the
transfer of $185,549.00 from Retained Earnings Unrestricted to Vehicular Equipment,
Utility Line Services, in connection with acceptance of bids for certain Utility Line
Service equipment. Ordinance No. 31282-121492 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, December 14, 1992.
Sincerely, ~O~J,-(____
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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pc:
Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 14th day of December, 1992.
No. 31282-121492.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Internal Service Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
~overnment 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 1992-93 Internal Service Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Utility Line Services $ 3,294,530
Capital Outlay (1) ................................... 517,834
Retained E&rninos
Retained Earnings Unrestricted (2) ..................... $ 3,424,249
1) Vehicular Equipment (006-056-2625-9010)
2) Retained Earnings
Unrestricted (006-3336)
$ 185,549
(185,549)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
RECEIVED
Roanoke, Virginia
Dec'~b~o 1.4),
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bids to Purchase Air
Compressor, Bid No.
92-10-113, Loader/Backhoe,
Bid No. 92-10-114, and
Vacuum Waste Removal Unit,
Bid No. 92-10-115
I. Backqround
Equipment Replacement needs have been identified by
various City departments. Subject bids are items
identified in Utility Line Services.
Identified items are necessary to continue to
perform required duties and responsibilities in the
most efficient and effective manner.
October~ 1992 specifications were developed and
along with request for quotations were sent to
seventeen (17) vendors for the Air Compressor,
twelve (12) vendors on the Loader/Backhoe and to
five (5) vendors on the Vacuum Waste Removal Unit.
A public advertisement was also published in the
Roanoke Times and Roanoke Tribune.
Bids were received, after due and proper
advertisement, until 2:00 p.m. on November 12,
1992, at which time all bids appropriately received
were publicly opened and read in the Office of the
Manager of General Services.
II. Current Situation
A. Bids received are as follows:
1. Eight (8) bids on the Air Compressor
Three (3) bids, two (2) with alternate bids on
the Loader/Backhoe
Five (5) bids, two (2) with alternate bids on
the Vacuum Waste Removal Unit
Bid tabulations are attached.
Air Compressor, Bid No. 92-10-113
Loader/Backhoe, Bid No. 92-10-114
Vacuum Waste Removal Unit, Bid No.
Page 2
92-10-115
Ail bids were evaluated in a consistent manner by
representatives of Utilities and Operations,
Utility Line Services and General Services.
Bid evaluations are as follows:
One (1) New Trailer Mounted Air Compressor -
The lowest bid, submitted by Scott Gallaher,
Inc. meets all required specifications for the
cost of $9,350.00.
One (1) New Rubber Tired Loader/Backhoe - The
lowest bid submitted is the alternate bid of
Baker Brothers, Inc. took exception to
required horsepower. This exception is
substantial and cannot be waived as an
informality.
The second lowest bid submitted is the
alternate bid of James River Equipment, Inc.
for a rental piece of equipment and not a new
piece of equipment as specified. This
exception too is substantial and cannot be
waived.
The third lowest bid submitted by Shelton-Witt
Equipment Corporation meets all required
specifications for a cost of $46,036.00. This
price includes optional cost for spare front
and rear tire and wheel.
One (1) New Hiqh Velocity Vacuum Waste Removal
Unit The lowest bid, alternate bid #1 from
Cavalier Equipment Corporation, the second
lowest bid, alternate bid #6 from Cavalier
Equipment Corporation and the third lowest
bid, alternate bid #4 from Cavalier Equipment
Corporation all took exception to single axle
instead of Tandem axle which is substantial
and cannot be waived as an informality.
The fourth lowest bid, the base bid, submitted
by Cavalier Equipment Corporation meets all
required specifications including option items
and bonding for a cost of $130,162.51.
Air Compressor, Bid No. 92-10-113
Loader/Backhoe, Bld No. 92-10-114
Vacuum Waste Removal Unit, Bid No.
Page 3
92-10-115
III. Issues
IV.
A. Need
B. Compliance with Specifications
C. Fundinq
Alternatives
Accept the lowest responsible bids for Utility Line
Services equipment as follows:
Bid No. 92-10-113 One (1) New Trailer
Mounted Air Compressor from Scott Gallaher,
Inc. for the cost of $9~350.00.
Bid No. 92-10-114 - One (1) New Rubber Tired
Loader/Backhoe from Shelton-Witt Equipment
Corporation for the cost of $46~036.00.
Bid No. 92-10-115 - One (1) High Velocity
Vacuum Waste Removal Unit from Cavalier
Equipment Corporation for the cost of
$130~162.51.
Need - Requested equipment, which will
replace old existing equipment, is needed
to perform required duties in the Utility
Line Services Department.
Compliance with Specifications - Those
bids recommended by this alternative are
the lowest responsible bids meeting City
specifications.
Funding - Funds are available in Utility
Line Services Retained Earnings account
to allow for the purchase of the above
requested equipment items.
B. Reject all Bids
Need Required
Utility Line
accomplished in
effective manner.
duties and functions of
Services could not be
the most efficient and
Air Compressor, Bid No. 92-10-113
Loader/Backhoe, Bid No. 92-10-114
Vacuum Waste Removal Unit, Bid No.
Page 4
92-10-115
Compliance with specifications would not be a
factor in this alternative.
Fundinq - Designated Funds would not be
expended with this alternative.
V. Recommendation
Council concur with Alternative "A" - accept bids
for Utility Line Service equipment as follows:
1. One (1) New Trailer Mounted Air Compressor
from Scott Gallaher, Inc. for the cost of
$9~350.00.
One (1) New Rubber Tired Loader/Backhoe from
Shelton-Witt Equipment Corporation for the
cost of $46,036.00.
One (1) New High Velocity Vacuum Waste Removal
Unit from Cavalier Equipment Corporation for
the cost of $130~162.51.
B. Reject all other Bids
Appropriate $185~548.51 from Utility Line Services
Retained Earnings Account to Utility Line Services
Account 006-056-2625-9010 to allow for the purchase
of requested equipment.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: City Attorney
Director of Finance
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CITY OF ROANOKE
OFFICE OF THE CITYATTORNEY
464 MUNICIPAL BUILDING
ROANOKE, ViRGiNIA 24011-15G5
WiLBURN C. DIBLING, JR.
December 14, 1992
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
ASSISTANT C~fY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Appointment of Assistant City Attorney
Dear Mrs. Bowles and Gentlemen:
I am very pleased to announce the appointment of Ms. Gladys L.
Yates as Assistant City Attorney effective December 28, 1992.
Ms. Yates received her undergraduate degree from the
University of Virginia in 1987, and received her law degree from
Washington and Lee University School of Law in 1990. She graduated
in the top 15% of her class at Washington and Lee and was honored
by being named the Outstanding Woman Law Graduate. Following her
graduation, Ms. Yates was selected as Law Clerk by the Honorable H.
Clyde Pearson, United States Bankruptcy Judge for the Western
District of Virginia, and served in this capacity for eleven
months. From July, 1991, to present, she has been an associate
with Hunton & Williams at the firm's Washington, D. C. office.
Ms. Yates is a native of Roanoke and a graduate of Patrick
Henry High School. Her parents reside in the City, and she is
anxious to return to Roanoke.
Ms. Yates was selected from an extremely well-qualified field
of 65 applicants, and I am very much impressed with her background
and credentials. I know that she will be an excellent addition to
my Office, and I look forward to introducing her to the Council and
other officers in the near future.
With kindest personal regards, I am
Sincerely yours,
DibZing, Jr.
Wilburn C.
City Attorney
WCD:f
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 18, 1992
File #137~467-175-~
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
I am attaching copy of Resolution No. 31284-121492 adopting and endorsing a
Legislative Program for the City to be presented to the City's delegation to the 1993
Session of the General Assembly. Resohition No. 31284-121492 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, December 14,
1992.
Pursuant to the abovereferenced resolution, Council authorized a public hearing to
be held on Monday, January 4, 1993 at 2: 00 p.m., or as soon thereafter as the matter
may be heard, with regard to proposed City Charter amendments.
A special meeting with the City's delegation to the 1993 Session of the Generai
Assembly will be held on Monday, January 4, 1993, at 11:00 a.m., in the City
Council's Conference Room.
Sincerely, ~._~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Eno.
pc:
The Honorable Beverly T. Fitzpatrick, Jr., Co-Chairperson, Legislative
Affairs Committee
The Honorable William White, Sr., Co-Chairperson, Legislative Affairs
Committee
Mr. W. Robert Herbert, City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 14th day of December, 1992.
No. 31254-121492.
A RESOLUTION adopting and endorsing a Legislative Program for the City to
be presented to the City's dele~tion to the 1993 Session of the General Assembly.
WHEREAS, the members of City Council are in a unique position to be aware
of the legislative needs of this City and its people;
WHEREAS, previous Legislative Programs of the City have been responsible
for improving the efficiency of local government and the quality of life for citizens
of this City; and
WHEREAS, Council is desirous of again adopting and endorsing a Legislative
Program to be advocated by the Council and its representatives at the 1993 Session
of the General Assembly;
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The Legislative Program transmitted by report of the Legislative
Committee, dated December 14, 1992, is hereby adopted and endorsed by the Council
as the City's offictA! Legislative Pro..am for the 1993 Session of the General
Assembly.
2. The City Attorney is authorized to cause publication of notice of a public
hearing with respect to preposed Charter amendments to be held at 2:00 p.m. on
January 4, 1993.
2. The Clerk is directed to issue COrdiA! invitations to the City's Senator
and delegates to the 1993 Session of the General Assembly to attend Councfl*s Special
Meeting relating to legislative matters~ the date and time to be arl~ngedo
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 2,~011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City C~erk
December 16, 1992
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
Pursuant to your request, I have scheduled a special meeting of the Council, the
City's delegation to the 1993 Session of the General Assembly of Virginia and the
Roanoke City School Board for Monday, January 4, 1993, at 11:00 a.m., in Council's
Conference Room. Lunch will be provided immediately following the meeting.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. Robert H. Bird, Munieipal Auditor
Mr. Willard N. Ciaytor, Director of Real Estate Valuation
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. EAK1N
Deputy City Clerk
December 16, 1992
The Honorable Brandon Bell
Member, Senate of Virginia
P. O. Box 11341
Roanoke, Virginia 24022-1341
Dear Senator Bell:
On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman
and Members of the Roanoke City School Board, we look forward to meeting with you
on Monday, January 4, 1993, at 11:00 a.m., in City Council's Conference Room,
fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for
the City of Roanoke and the Roanoke City Public Schools.
The Members of Council extend a most cordial invitation for you to be our guest for
lunch immediately following the meeting.
With best wishes for a happy and joyous holiday season, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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
December 16, 1992
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
Dear Delegate Thomas:
On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman
and Members of the Roanoke City School Board, we look forward to meeting with you
on Monday, January 4, 1993, at 11:00 a.m., in City Council's Conference Room,
fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for
the City of Roanoke and the Roanoke City Public Schools.
The Members of Council extend a most cordial invitation for you to be our guest for
lunch immediately following the meeting.
With best wishes for a happy and joyous holiday season, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
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 CiD CIerk
December 16, 1992
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
P. O. Box 1371
Roanoke, Virginia 24007
Dear Delegate Woodrum:
On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman
and Members of the Roanoke City School Board, we look forward to meeting with you
on Monday, January 4, 1993, at 11:00 a.m., in City Council's Conference Room,
fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for
the City of Roanoke and the Roanoke City Public Schools.
The Members of Council extend a most cordial invitation for you to be our guest for
lunch immediately following the meeting.
With best wishes for a happy and joyous holiday season, I am
Sincerely, ~~.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
CITY OF ROANOK ¥ ....
CITY COUNCIL
215 Church Avenue, S.W., Room 456
Roanoke, Virginia24011-1536 '92 ~ 11
Telephone: (703) 981-2541
P?, :22
David A. Bowers
Mayor
Beverly T. Fitzpat~ck, Jr.
Vice-Mayor
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
December 14, 1992
Council Members:
Elizabeth T. Bowles
James G. Harvey, 11
DeIvis O. "Mac" McCadden
Howard E. Musser
William White, Sr.
Re: 1993 Legislative Program
Dear Council Members:
On December 8, 1992, City Council's Legislative Committee met to review the proposed 1993
Legislative Program prepared by the City Attorney. After careful review, the Committee
approved the Program and recommended that City Council adopt the attached resolution endorsing
the Program and commending it to the City's delegation to the 1993 Session of the General
Assembly.
We call to your attention that the paramount issue presented by the Legislative Program is
the City and School Board request that the Commonwealth provide more equitable funding for the
City's School Division. Previous Legislative Programs of the City have been responsible for
improving the efficiency of local government and the quality of life of citizens of this City, and
the Program that the Legislative Committee now recommends to you should continue this tradition.
Please note that the proposed Charter amendments will require a public hearing, and it is
recommended that Council, by motion, establish a public hearing on the proposed Charter
amendments for January 4, 1993. The City Attorney has recommended this date which will permit
him to complete the required public advertising and still allow for introduction of our Charter
amendment bill prior to the first day of the 1993 Session as required by State Code.
The City Clerk is currently working on the scheduling of our annual meeting with the City's
legislative delegation. As has been the case in previous years, the School Board will also be
invited to attend.
Thank you for your consideration of the 1993 Legislative Program.
Beverly T. Fitzpatrick, Jr.
Co-Chair ~ Legislative Committee
William O. White, Sr.
Co-Chair, Legislative Committee
BTF:WW:mf
Attachments
The Honorable Mayor and Members
of City Council
December 14, 1992
Page 2
ce:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Mary F. Parker, City Clerk
1993
LEGISLATIVE PROG I{AM
CITY OF ROANOKE
CITY COUNCIL
David A. Bowers, Mayor
Beverly T. Fitzpatrick, Jr., Vice-Mayor
Elizabeth T. Bowles
James G. Harvey, II
Delvis O. "Mac" M¢Cadden
Howard E. Musser
William White, Sr.
SCHOOL BOARD
Finn D. Pincus, Chairman
Charles W. Day, Vice-Chairman
Marilyn L. Curtis
C. Nelson Harris
M. Wendy O'Nei!
Clubert G. Poff
James M. Turner, Jr.
CITY MANAGER
W. Robert Herbert
SUPERINTENDENT
Dr. Frank P. Tota
Wllburn C. Dibling, Jr.
City Attorney
464 Municipal Building
Roanoke, Virqini& 24011
703)981-2431
TABLE OF CONTENTS
Introduction ................
Policy Statements ...........
Legislative Proposals .......
Charter Amendments ..........
Appendix ....................
Index .......................
Page
INTRODUCTION
The City Council is pleased to commend this Legislative
Program for consideration by the 1993 Session of the General
Assembly. The City Council representing all the people of our
great City is uniquely qualified to understand the legislative
needs of City government and our people. I am of the opinion that
this Program is responsive to those needs. With the support of our
legislators, and this City is fortunate to have legislators who are
most supportive and responsive to the needs of our City and its
citizens, I know that our City government and School Division will
be improved and that the quality of life for our citizens will be
advanced.
This Program has been prepared by our City Attorney, Wilburn
C. Dibling, Jr., with the assistance of comments and suggestions
from Council members, School Board members, City and School
administrators and citizens. It has been carefully reviewed by
City Council's Legislative Committee consisting of Co-Chairmen
Beverly T. Fitzpatrick, Jr., and William White, Sr., and Members
Delvis O. "Mac" McCadden, Finn D. Plncus and The Reverend C. Nelson
Harris. Upon the recommendation of the Legislative Committee, the
Program was adopted and endorsed by City Council on
, 1992. See Resolution No. , at App. A-1.
The Program consists of three parts. The first part is a
series of policy statements which represent the philosophy of
Roanoke City Council on a number of important policy issues.
Obviously, it is impossible to anticipate all the legislative
issues that will arise during the course of any session of the
General Assembly, and these policy statements should provide
helpful guidance to our legislators throughout the Session. The
second part of the Program consists of specific legislative
proposals of the City, and the third part consists of recommended
Charter amendments. A Resolution requesting the Charter amendments
is included at App. A-2.
If during the course of the Session our legislators have
questions concerning the position of the City on legislative
matters, they are encouraged to contact our City Attorney who I
know will be pleased to respond after consultation with Council's
Legislative Committee or the School Board and any other appropriate
officials. I also know that the City Attorney will be in contact
with our legislators on many occasions during the 1993 Session, and
their consideration of his communications is deeply appreciated.
David A. Bowers
Mayor
POLICY STATEMENTS
EFFECTIVE GOVERNMENT
Local governments were originally organized to provide
essential services and protection that citizens could not or would
not provide for themselves. Examples of such essential local
services are education, provision for health and welfare, police
and fire protection, delivery of safe water, sewage treatment and
refuse collection. Local governments and their officials are
continually striving for economy, effectiveness, responsiveness,
efficiency and productivity in delivery of such services.
Unfortunately, the essential services for which local governments
were originally created have been overshadowed by numerous less
critical programs mandated by the federal and State governments.
The federal and State governments should recognize that local
governments are the best vehicle for the delivery of basic public
services because local governments are closest to the people and
most responsive to their needs. Furthermore, basic public services
cannot be provided in the most effective way if the State attempts
to dictate in minute detail the structure of all local government,
the administrative and legislative procedures to be followed
uniformly by all local governments and the details of all programs
administered at the local level. The City opposes State intrusions
in the way local governments conduct their business, including the
way council meetings are conducted, procedures for adopting
ordinances, what can be addressed by ordinance and what by
resolution, purchasing procedures and establishment of hours of
work, salaries and working conditions for employees.
MANDATES
The cumulative effect of State and federal mandates is a
significant source of the City's fiscal stress. The City Council
and School Board strongly support full funding of all State
mandates, including full funding of the State's share of the actual
costs of the educational Standards of Quality.
Many of the recommendations of the Joint Legislative Audit and
Review Commission's (JLARC) study of intergovernmental mandates and
financial aid to local governments, completed in January, 1992, are
strongly supported. These include requiring that all State
agencies attempt to streamline, reduce or eliminate mandates for
which they are responsible; requiring that cost estimates as to all
proposed mandates be completed prior to the first full review by a
legislative committee; and requiring greater local government
involvement in implementation of mandates.
EDUCATION
The Report of the Governor's Commission on Virqinia's Future
states that education should be the highest priority of the
Commonwealth. Yet, the Report notes that Virginia has not honored
its commitment to education. The General Assembly is also urged to
provide full funding of the State's share of the actual cost of the
Standards of Quality and full funding of categorical educational
mandates. In this regard, please see specific legislative proposals
at pages 8-10.
CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES
The 1991 Session of the General Assembly is commended for
requesting that the Joint Legislative Audit and Review Commission
(JLARC) undertake a comprehensive review of State and local service
delivery responsibilities and the funding mechanisms that support
them. The sorting out process of determining which services should
be performed by the State and which by its local governments is
vitally important, and more rational assignment of service delivery
responsibility will advance the interests of the State and local
governments. The General Assembly is urged to carefully consider
JLARC's recommendations, particularly those relating to State
assumption of service delivery responsibility where service or
performance standards are defined by federal or State law and/or
regulations.
GOVERNOR'S ADVISORY COMMISSION ON THE DILLON RULE AND LOCAL
GOVERNMENT
By Executive Order No. 42, promulgated October 28, 1991,
Governor Wilder created the Governor's Advisory Commission on the
Dillon Rule and Local Government and charged the Commission with
the responsibility of considering current local government powers
in the Commonwealth; assessing the ability of local governments to
deal with local and regional issues within the framework of
existing law; and evaluating the need for changes to the Code of
Virginia deemed necessary to provide local governments with
improved ability to address local and regional issues. Former
Senator J. Granger Macferlene was appointed to chair the Commission
which rendered its report to the Governor in November, 1992.
The Commission has performed an important service to the
Commonwealth, and its recommendations are commended to the General
Assembly. These recommendations include the following:
Title 15.1, Countiest Cities and Towns, of the
Code of Virginia should be recodified. Title
15.1 has not been revised since 1962, and
persons testifying before the Commission
uniformly criticized it as disorganized,
inconsistent and confusing. Recodification of
2
Title 15.1 should be carried out in close
coordination with local government attorneys
and key local government officials.
The General Assembly should carefully consider
JLARC's recommendations as to the assignment
of service delivery responsibilities between
State and local governments. The State should
consider assuming responsibility for services
when service and performance standards are
dictated by State law and/or regulation.
Also, the ability to raise revenue should more
closely correspond to the requirement to
provide services.
The General Assembly should establish a
legislative commission composed of State
legislators and local government officials to
study and make recommendations relating to the
unique problems of central cities in the
Commonwealth. While the central cities of the
Commonwealth are making a vigorous effort to
raise revenues, data provided by the
Commission on Local Government demonstrates
that they are still suffering from extreme
fiscal stress. A thorough study and
development of an action plan to address the
special problems of central cities is needed.
This effort should include an assessment of
the impact of the "magnet effect", municipal
overburden and related social ills that are
unique to urban centers.
Amend S15.1-510, Powers of counties, and
S15.1-839, General qrant of powers to
municipalities, to provide that the authority
delegated to local governments by the General
Assembly shall be broadly construed to effect
the purpose of the delegation. Such proposal
represents a modest and reasonable relaxation
of current restrictions which does not do
violence to the principle that local
governments can exercise only those powers
specifically delegated to them by the
Commonwealth.
REVENUE AND FINANCE
The City is vitally concerned over the continued erosion of
local revenue sources· The General Assembly is urged not to cap,
remove or further restrict any revenue sources that are currently
available to localities, including taxing authority and user fees.
Furthermore, the General Assembly should give localities additional
3
authority, such as the one-half cent local option sales tax, to
raise adequate local revenues to ensure the continued vitality of
local government.
Historically, real and personal property taxes have been the
foundation of local tax revenues. The State's restriction and
erosion of other local sources, however, has resulted in over
reliance on property taxes, placing local governments in financial
Jeopardy. The Joint Legislative Audit and Review Commission's
(JLARC's) own study shows that the real property tax rate in
Virginia is the second highest among fifteen Southern states and
fifty percent higher than nine Southern States. The City supports
additional and more equitable sources of revenue, but the decision
on which, if any, local revenue sources should be reduced or
eliminated should be strictly a local decision.
SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER
The larger, more urbanized, central cities of the Com-
monwealth, such as this City, provide a full range of housing,
health, mental health, transportation, social and humanitarian
services. School systems in these cities provide excellent special
education programs, and private charities located in central cities
provide a broad range of charitable assistance. These factors make
the Commonwealth's central 'cities a magnet for those in need of
services.
Consider these facts:
That the City has over 4110 subsidized housing units
while Roanoke County and Salem have only 198 and 216,
respectively;
· That the City's elderly population is at 22% and
increasing; ~-
That 24.6% of the City's population is below the age of
19 meaning that nearly 47% of the City's population are
consumers of governmental services with little ability to
pay for these services; and
That, by 1991, 44.2% of children in the City Public
School System came from economically deprived homes (up
from 15.8% in 1980).
In spite of these demographic negatives, the City has made
tremendous strides in economic development. Downtown has been
revitalized; industrial parks have been established; and new
businesses and industries have been attracted. It is unlikely,
however, that these recent successes can be sustained over the long
term. In this regard, the major problem facing the City is an
inadequate inventory of developable land. Much of our mountainous
terrain is either undevelopable or developable only at tremendous
4
costs. Other land in the heart of the Roanoke Valley is subject to
flooding and undevelopable.
Roanoke's peculiar problems are compounded by the need of
central cities to provide welfare, public safety, transportation,
and water and sewer services at a level not required in adjoining
suburban or rural localities. These services benefit the entire
region, but are paid for primarily by City taxpayers.
Historically, the fiscal stress of central cities has been
relieved by annexation. Recently, however, the power of annexation
has, without logic, been denied to the central cities which need it
most. If the central cities of the Commonwealth are to remain
strong, viable units of government, which is in the best interest
of the Commonwealth, decisive action needs to be taken. Among
those actions which should be considered are:
Reevaluation of Virginia's unique system of independent
cites which imposes upon cities the unfair responsibility
of providing regional services without reimbursement from
adjoining beneficiary localities;
2. Creation of financial incentives for local government
mergers which result in stronger, more viable units of
local government; and
Special funding by the Commonwealth of those services
provided by central cities which benefit the entire
region.
ECONOMIC DEVELOPMENT
Economic development is a way of improving the economy and tax
base of the Commonwealth and its localities. Much of the Eastern
part of the Commonwealth (the Golden Crescent) has experienced
tremendous growth during the 1980's. The City urges the
Commonwealth to develop programs for those areas west of the Blue
Ridge mountains and central cities across the Commonwealth. Each
of these areas will need special financial assistance from the
State if we are to have balanced growth across the Commonwealth.
According to the Report of the Governor's Commission on
Vlrqinia's Future, Virginia needs an economic development strategy.
The Commonwealth is implored to for~ a partnership with local
governments, the business community and economic development
experts to develop a statewide economic development strategy. The
strategy should recognize the unique economic development problems
of Virginia's land poor central cities. It should also include
additional educational funding for central cities. With shrinking
labor pools in central cities across the State, new and existing
businesses cannot afford to have young adults in these cities
become unemployable. Special efforts must be made now through
additional educational funding to save these at risk children.
5
Tourism and convention activities that enhance the economic
well being of the Commonwealth and its political subdivisions
should be recognized as legitimate components of economic
development. We urge the General Assembly to look closely at the
way State tourism dollars are spent and to insure their fair
distribution. Western Virginia has, in the past, not received a
proportionate share of the dollars spent by the State tourism
office, and there has been little emphasis on promoting the
Virginia mountains.
GOVERNMENTAL IMMUNITY
Every session of the General Assembly brings new assaults on
the doctrines of governmental immunity for political subdivisions
and official immunity for local government employees. These
doctrines should be retained, and in fact strengthened, for, among
others, the following reasons:
Local governments would be forced by loss of immunity to
eliminate or cut back high risk functions or services,
such as operation of nursing homes, parks and playgrounds
and athletic programs, and such action is not in the
public interest.
Frivolous suits would be encouraged· Local governments
would be viewed as a "deep pocket" making them an easy
target for plaintiffs who could bring suit without even
attempting to identify the employee allegedly at fault.
Cost of local government would increase rapidly at a time
when localities can ill afford a new major drain on
financial resources. Cost of defense of litigation may
be a more serious problem than the obvious cost of paying
Judgments. When the City and an employee are sued,
conflicts may require a separate attorney for each party.
A recent authoritative study shows that, of every $4 paid
out in litigation by local government, $3 goes to legal
costs; only $1 actually goes to compensate plaintiffs.
Threats of harassing lawsuits may make local government
officials less likely to act decisively where courageous
or difficult actions are in order. Good government is
difficult to achieve when officials operate under con-
stant fear of lawsuits.
The cap on liability under the Virginia Tort Claims Act
is illusory. The $25,000 cap on liability has already
been increased to $75,000. Constant pressure will keep
the cap spiraling upward.
The City is opposed to any extension of the Virginia Tort
Claims Act to localities and supports extension of immunity to
certain groups of municipal employees and volunteers who are
particularly vulnerable to suits which Jeopardize the very
existence of programs desired by the community. An example of a
group of employees and volunteers needing immunity is coaches and
officials serving in youth athletic programs sponsored by the City
ZONING AND LAND USE
One of the most important functions of local governments is
local planning a~d land use control. This is appropriate because
there is no entity better suited to make key land use decisions on
behalf of any locality than the local governing body. In making
land use decisions in this City, Council is guided by a
'comprehensive plan developed through a citizen-based planning
process.
City Council views with increasing alarm recent efforts of the
General Assembly to control local land uses. The Council opposes
any legislation that would restrict present land use powers of
local governments to establish, modify and enforce zoning
classifications. Local governments should remain free to adopt and
enforce zoning changes that address local land use needs.
7
LEGISLATIVE ~ROPOSALS
EDUCATION - EQUITABLE FUNDINO
The Governor's Commission on Educational Opportunity for all
Virginians was created in 1990 with the charge of advising the
Governor and the General Assembly on how to address the problem of
educational disparity. In its report to the Governor in February,
1991, the Commission recognized that, in order to address disparity
in funding public education, the Commonwealth must (1) increase the
size of the entire education budget by providing more funding and
(2) redistribute funds so that those school divisions with lower
fiscal capacity and those divisions with higher concentrations of
students with special needs receive a greater proportion of the
total funds.
To achieve more equitable fundlng, the City Council and School
Board urge the General Assembly to adopt the following
recommendations of the Commission:
Revise and fund the standards of quality to
acknowledge prevailing practices and to
recognize the additional costs of students
with special needs, such as those who may be
educationally disadvantaged, disabled or in
need of remedlal assistance. Currently, the
Commonwealth's school divisions provide a
higher level of education than is required by
the standards. This higher level is achieved
by the expenditure of local-only funds. The
impact of raising the standards would be to
match State standards to prevailing practices,
thus pumping additional State dollars into
education.
Provide a better measure than the current
composite index of the ability of the
Commonwealth's localities to pay for
education. The composite index is the ability
to pay measure that is currently used to
distribute ?3% of the State's education
funding. Any new measure of local ability to
pay for education should more accurately
reflect (l) local fiscal stress~ (ii) taxpayer
abllity to pay~ and (iii) local funding effort
for education.
The current composite index is defective in that it does not
measure local fiscal stress. While revenue capacity is an
important factor, the current formula ignores the expenditure side
of the local budget. Central cities, such as Roanoke, must make
large expenditures for public safety, health and welfare that are
not required of suburban and rural counties. Fiscal stress should
8
be a part of the formula so that communities with crime, poverty
and large numbers of children having special needs (disadvantaged
students and those requiring special education or remedial
education) are not shortchanged in educational funding.
The composite index should also more accurately reflect
taxpayer ability to pay. The current composite index appears to
overemphasize land values and deemphasize income. The City's
residents have a lower adjusted income than residents of
surrounding localities and cannot be expected to provide the same
level of financial support for education. This inability, however,
should not penalize the City's school children.
Finally, the composite index should measure local funding
effort for education. Forty-two and one-half (42.5) percent of the
City of Roanoke general fund budget goes to education. Over the
years, City Council has made a Herculean effort to fund education.
This effort, which has imposed a heavy burden on the City's
taxpayers is far in excess of that made by many local governing
bodies. The revised composite index should promote equal local
funding effort relative to revenue capacity.
Educational funding disparity has been permitted to exist for
far too long in the Commonwealth. Adoption of the fiscal
recommendations of the Governor's Commission on Educational
Opportunity would benefit the'majority of Virginia school divisions
and urban school divisions in particular.
EDUCATION - METHOD OF CALCULATING STANDARDS OF gUALITY COSTS
The City Council and School Board urge the General Assembly to
study the methodology used by JLARC in calculating the costs of the
Standards of Quality (SOQ) to determine whether the formula
accurately reflects the actual costs of meeting the SOQ. The new
methodology appears to be inadequate in several respects. First,
it artificially lowers the State average salary instead of using
actual salary figures. Second, it uses an artificially low limit
on the number of professionals per thousand students for which
State aid is given. Third, the methodology does not address the
cost differences in providing education to students with special
needs, such as the inner city school population served by our
School Division.
Inadequacy of State funding of the SOQ is readily apparent in
our own City. For Fiscal year 1992-1993, the General Assembly has
set the per pupil cost of the SOQ at $2,796. Actual per pupil cost
for City students, however, is estimated to be $4,945 for Fiscal
Year 1992-1993. Moreover, the City schools actually received only
$1,294 per pupil for this Fiscal Year (including one time hold
harmless payment for enrollment loss) after application of the
composite index and State sales tax to the SOQ funding formula.
9
EDUCATION - FULL FUNDING OF STANDARDS OF QUALITY
The General Assembly should recognize the long standing
support of public education by local governments. For many years,
local governments have funded educational costs beyond their
required share in efforts to provide quality education.
Increased funding for education, including full funding of the
State's share of the actual costs of the Standards of Quality and
full funding of categorical educational mandates, is a top priority
of City Council and the School Board. Increased State funding
should be achieved without reduction to other funding components of
the State's public education budget or to other State funding items
affecting local governments. The State has begun to factor public
school capital improvement costs into the Standards of Quality and
should increase its share of funding such costs.
Finally, no changes to educational funding formulas, which
would reduce State funding of any school divisions, should be
recommended without specific notice of such proposed changes being
given to each city and county and each school division. Public
hearings should be held with respect to such proposed changes at
locations throughout the Commonwealth. Notice with respect to any
changes to be presented to any Session of the General Assembly
should be given at least ninety days prior to the commencement of
the Session.
EDUCATION - STATE LITERARY FUND
During the last Session of the General Assembly, $192 million
from the State Literary Fund was transferred to the General Fund to
cover teacher retirement contributions. Only $8.9 million is now
available in the Literary Fund to meet State-approved Literary Fund
priority 1 construction requests of over $50 million in Fiscal Year
1992-1993. A State Department of Education survey of school
construction needs shows needs of $3.3 billion over the next five
years. The General Assembly is encouraged to adopt legislation
that returns a reasonable level of loan authority to the Literary
Fund and to develop other low-cost financial alternatives for
school construction funding.
EDUCATION - ENROLLMENT LOSS
The last Session of the General Assembly continued the
enrollment loss provision for school divisions with declining
enrollment. This legislation should be continued for the second
year of the Biennium in order to protect school divisions with
declining enrollment from a substantial loss of State aid.
10
EDUCATION - ELIMINATION OF SCHOOL AGE CENSUS
Every three years, all school divisions conduct a census of
school age children residing in the locality. The census becomes
the basis for the distribution of State educational sales tax to
the locality. New methodology using pupil average daily membership
(ADM) would reduce the sales tax distribution to urban localities
with declining enrollment. It is estimated that Roanoke City would
lose over $1.1 million in State educational aid if such a change
were to occur. This legislation should be opposed unless it
incorporates a m~chanism to protect urban school divisions from
losing State aid.
EDUCATION - SCHOOL OPENING DATE
Section 22.1-79 of the State Code requires that local school
boards establish school calendars so that the first day of the
school year shall fall after Labor Day. This provision creates a
hardship for western Virginia school divisions which may have an
abnormal number of closing days due to inclement weather. Also,
when Labor Day falls on September 6 or 7, it may require the
schools to remain open into the third week of June.
The General Assembly is requested to grant an exception
permitting the Roanoke City School Division to commence its school
year prior to Labor Day.
EDUCATION - DAY CARE
The General Assembly is requested to amend the State Code to
authorize the School Board to operate a day care program for
children of School Division and City employees. Such program would
operate during, before and after school hours.
SAFE SCHOOLS
School safety and violence are increasing concerns of parents
and teachers as comunity problems are carried over into school
activities. The General Assembly ls requested to adopt a
coordinated and comprehensive legislative package to promote safe
classrooms. Essential ingredients of this legislative package
should include:
Legislation to regulate the sale and
possession of handguns, particularly,
legislation to keep handguns out of the hands
of Juveniles;
State funding assistance for security
personnel and equipment for schools;
11
Coordination of school safety programs among
the appropriate State and local agencies to
include the development of school safety
audits;
State funding assistance to encourage off-
campus education programs on a regional basis;
and
Development of public agency out-reach
programs to promote responsibility of parents
for the actions of their children.
SALES TAX - LOCAL OPTION
The City strongly urges the General Assembly to enact
legislation authorizing all localities to levy an additional one-
half cent local option sales tax, the revenues from such additional
tax to be used for general government purposes. This tax authority
would be in addition to the one cent local option sales tax now
available to cities and counties. If authorized and levied by the
City, the Director of Finance estimates an additional $6.36 million
would be generated for the City's general fund.
TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECN
Direct access between the Roanoke Valley and
Blacksburg/Virginia Tech is important ~o economic development
efforts in Southwest Virginia. The State Transportation Commission
has already recognized that a direct link from Blacksburg to 1-81
is a different project from solving traffic congestion on U.S.
Route 460 in Montgomery County, and its importance was high-lighted
when it was placed in the State's 6-year plan. Thus far, the
federal government has allocated nearly $6 million to the "Smart
Road" project. The City supports State funding for this important
regional project which will be a catalyst for the creation of new
jobs in the Roanoke and New River Valleys.
PUBLIC LIBRARIES
City Council urges full funding of the State Aid Formula for
public libraries. Regrettably, the Governor has recommended that
only fifty (50) percent of this year's allocation be funded.
Approximately, seventy-five (75) percent of the City Library's
materials budget comes from State aid. If State aid is cut, the
City's general fund will have to make up the difference or purchase
of new library materials will have to be significantly reduced.
12
E-911 TELEPHONE SERVICE
Section 58.1-3813, Code of Virginia (1950), as amended, limits
use of E-911 tax revenues to initial capital, installation and
maintenance costs of an E-911 telephone system. Once capital and
installation costs have been fully recovered, a locality is
required to reduce the tax to the level necessary to offset
recurring maintenance costs only.
At this time, many E-911 systems need to replace and upgrade
equipment and acquire additional equipment. Citizen safety will be
enhanced by providing necessar~ funds to maintain this essential
public safety function. Therefore, S58.1-3813 should be amended to
permit utilization of E-911 tax revenues for equipment replacement
and upgrade and purchase of additional equipment. In this
connection, City Council supports House Bill 1087, introduced at
the 1992 Session of the General Assembly and carried over.
HEALTH - SERVICES FOR DISADVANTAGED CHILDREN
Disadvantaged children throughout Virginia are suffering from
a lack of affordable health services. In Roanoke City over 4,000
children lack access to comprehensive health care and about 50% of
the school age children reside in low-income families -- most of
whom do not have adequate 'health insurance. Teenage pregnancy
rates throughout the Commonwealth are at an all time high and
continue to escalate.
The Roanoke City Schools have limited financial resources to
fund health services, and Chapter I funds are now being used to
provide three full-time equivalent nurse positions to serve the
most needy students. The General Assembly is urged to support
funding in the second year of Fiscal Year 1992-1994 Biennium that
would provide at least one school health nurse for every 1,000
children residing in the locality (children age 0 to 19 years based
on the triennial census of children residing in the locality). The
services provided bythese additional public health nurse positions
would be primarily for disadvantaged children.
NURSING HOME
The City-owned Nursing Home is subject to State-imposed
ceilings on Medicaid reimbursement. This ceiling applies to
locally-owned facilities, but does not apply to facilities operated
by the Commonwealth.
Because the employees of our Nursing Home are better paid than
employees in private facilities, Medicaid does not fully reimburse
our costs, and our Nursing Home is running a $290,000 annual
deficit. The State is urged to treat locally-owned nursing homes
the same as State facilities for purposes of Medicaid
reimbursement.
13
TRANSPORTATION MUSEUM
The General Assembly is urged to restore State funding for the
Transportation Museum to the level enjoyed by the Museum prior to
the budgetary cuts made in the first year of this Biennium. In the
first year of this Biennium, the Museum's State funding was reduced
from $110,000 to zero.
CORRECTIONS - JUVENILE DETENTION FACILITIES
The number of serious crimes committed by juveniles has caused
an acute shortage of secure detention beds in Juvenile detention
facilities throughout the Commonwealth. The situation is no
different in Roanoke. Review of recent statistics reflects the
following utilization rates for our local facility: 102% in Fiscal
Year 1991; and 118% for Fiscal Year 1992; and 119% in 1993
(projected).
The projected cost of expansion of the City's Juvenile
detention facility is $3.0 million. State law requires the
Commonwealth to reimburse localities up to one-half the cost of
construction or enlargement of a Juvenile detention home. See
S16.1-313, Code of Virginia (1950), as amended. The State,
however, has imposed a moratorium on funding costs of new Juvenile
detention beds. The 1993 Session of the General Assembly is urged
to lift the moratorium and appropriate one-half the cost of
expanding the City's juvenile detention facility.
The Commonwealth is also urged to assume a fair share of the
costs of maintaining and operating Juvenile detention facilities.
Since 1982, when the block grant program for juvenile detention was
initiated, the Commonwealth's funding of this program has eroded
from 82% to approximately 61% in Fiscal Year 1992. If the City is
to expand its Juvenile detention facility in partnership with the
State, then the State must assume a fair share'of operating costs.
CORRECTIONS - JAIL OVERCROWDING
The Roanoke City Jail was occupied on June 26, 1979, and
currently has e rated capacity of 216 inmates. Although all cells
in the Jail were originally designed for single bunks, all cells
are now double bunked. On Sunday, September 20, 1992, the Jail
reached an all time high count of 501 inmates.
At any given time, approximately 40% of the inmates in the
Roanoke City Jail are a State responsibility even when the State's
very restrictive definition of "State responsible prisoner" is
applied. Prior to July 1, 1991, the definition of a "State
responsible prisoner" (one that should be transferred to the State
penal system) was a felon with a sentence in excess of six months.
In July 1, 1992, the State changed the definition to a felon with
a sentence in excess of two years, thereby considerably reducing
14
the State's responsibility. Currently, the Department of
Corrections is mandated by State law to be in a position by July 1,
1996, to receive into the State correction system all State
responsible prisoners within sixty days of receipt of the final
order of commitment by the local circuit court.
The joint committee to study financing mechanisms for jail
construction created by House Joint Resolution 148 during the 1992
Session of the General Assembly is currently reviewing the State
and local Jail overcrowding issue. Until the committee has
completed its work, a moratorium has been placed on approval by the
Board of Corrections of any additional Jail construction projects.
Prior to the moratorium, the State would reimburse 50% of the
approved Jail construction costs for non-reqional jails in an
amount ranging from $300,000 to $1,200,000. There was no cap on
the State reimbursement for regional Jail construction projects,
i.e. Jails constructed and operated Jointly by three or more
localities.
City Council urges the General Assembly to meet its commitment
to receive all State responsible prisoners into the State
Corrections system by July 1, 1996. The General Assembly is also
urged to reimburse 50% of the total construction costs for
expansion or construction of non-regional Jails. Although regional
Jails may represent a reasonable alternative for small
Jurisdictions, the State's policy of favoritism toward regional
facilities is most unfair to the larger cities for which the
regional alternative is simply not realistic.
CURFEW VIOLATIONS
A Citizens' Task Force recently recommended that the City's
curfew ordinance be modernized and streamlined. Subsequently, City
Council adopted a new ordinance, and the City administration, in
conjunction with the Juvenile and Domestic Relations District Court
and its Court Service Unit, developed and implemented a Juvenile
citation program which provides for Juvenile Court intervention in
the case of repeat offenders. Dlspositional alternatives, however,
are severely limited because curfew violation is considered a
status offense.
In order to provide teeth for local government curfew
ordinances, the General Assembly is urged to amend Title 16.1 to
treat violation of local curfew ordinances the same as a traffic
violation. Availability of fines and driver license revocation as
dispositional alternatives in curfew cases would create a
substantial deterrent to recidivism.
15
ECONOMIC DEVELOPMENT - INDUSTRIAL DEVELOPMENT AUTHORITIES
To fully utilize the powers of industrial development
authorities, cities and towns should be authorized to give or lend
funds or other municipal property to authorities for economic or
industrial development. Section 15.1-511.1, Code of Virginia
(1950), as amended, authorizes counties to give or lend county
funds or property to authorities. This power does not extend to
cities and towns. See Report of Attorney General (1970-1971 at 399.
Specifically, a parallel section should be enacted to authorize
municipalities to give or lend funds or property to authorities or
commissions for any public purpose.
FREEDOM OF INFORMATION ACT
The City Council strongly supports the free flow of
information to citizens and the media through conduct of
governmental affairs in the open, in good faith compliance with the
Freedom of Information Act. It is recognized, however, that it is
in the public's best interests to discuss some matters privately
prior to official action.
Accordingly, extension of limitations on closed meetings and
exempt records which upset the Act's careful balance between a
fully informed public and matters the premature release of which
would not be in the best interests of the City or its citizens.
The City believes that amendment of the Act to require production
of customized computer records would be unwise. In addition,
localities should be able to continue charging reasonable fees for
computer records that must be provided under the Act.
NOTICE OF CLAIMS
Section 8.01-222, Code of Virginia (1950), as amended,
requires that notice of personal injury and property damage claims
against cities and towns be given in writing within six months
after the occurrence. Compliance with S8.01-222 is simple; a
claimant merely needs to state the nature of the claim and the time
and place at which the injury occurred. Bills have been introduced
at several recent Sessions of the General Assembly to repeal this
valuable notice requirement.
Although compliance with S8.01-222 is simple, the notice
requirement is vital to the Commonwealth's cities and towns.
First, the notice provides the opportunity to correct any defect on
public property which may have caused injury before another injury
occurs. Second, the notice requirement affords the city or town a
fair opportunity to investigate the facts and circumstances
relating to a claim. The city has hundreds of miles of streets and
sidewalks and usually becomes aware of a slip and fall or trip and
fall only when notice is filed. Fresh notice is essential to the
conduct of any meaningful investigation. If S8.01-222 is repealed,
16
cities and town will frequently first learn of a claim two years
after the fact when suit is filed. This will deny any reasonable
opportunity to conduct an investigation of the facts and
circumstances relating to the injury. In this regard, a locality
is unlike a private property owner who is usually aware immediately
of an injury on his property.
The City believes that the notice requirement of S8.01-222
represents sound public policy and urges the defeat of any bill
weakening or repe~ling S8.01-222.
.EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS
Police officers, deputy sheriffs and firefighters have the
advantage of nearly irrebutable presumptions that heart disease and
hypertension are occupational diseases under the Workers'
Compensation Act. Firefighters have an additional presumption with
respect to lung disease. The City currently has a Workers'
Compensation Act liability of $2.6 million for heart, hypertension
and lung awards made to public safety officers as a result of the
statutory presumption.
Without stating any opinion as the wisdom of the current
presumptions, the City urges the General Assembly not to extend the
occupational disease presumption to new diseases, such as cancer.
The high incidence of cancer among Americans is known to all of us,
and, as terrible as this disease is, it should not be the subject
of a work related presumption.
COLLECTIVE BARGAINING
Any legislation authorizing collective bargaining for public
employees in general or for any public employee group should be
opposed.
Ail public employees now have effective grievance procedures.
Both the City and the School Board have developed effective means
of communication which permit public employees to voice their
concerns. Collective bargaining would be a detriment to the
progress which has been made.
17
CHAR?ER AMENDMEN?S
ARCHITECTURAL REVIEW BOARD - DELEGATION OF POWERS TO AGENT
Section 15.1-503.2, Code of Virginia (1950), as amended,
authorizes City Council to adopt an ordinance providing that no
building in a historic district shall be altered or restored
without approval of the Architectural Review Board ("ARB"). The
requirement that the ARB act on minor alterations to fences,
awnings, decks, etc., creates unnecessary hardship and delay to
citizens.
Therefore, it is recommended that the City Charter be amended
to empower a duly authorized agent of the ARB to review and approve
such minor alterations. Disapproval by the agent of an application
would, of course, be appealable to the ARB. Delegation of powers
to an agent of the ARB would be analogous to delegation of
subdivision review powers to an agent of the Planning Commission
under S15.1-473.
DESIGN OVERLAY DISTRICTS
The City has several neighborhoods which, although not within
historic districts, are unique and need conservation and protection
from new development which is not in harmony with existing
development. Recognizing this need, several neighborhood groups
have recently requested action by the City to address
Inappropriately designed development. In addition, areas such as
the Blue Ridge Parkway Corridor, the Roanoke River Corridor and the
new Franklin Road/Elm Avenue redevelopment area need protection
from inappropriate development. An area plan is also being
developed for the Galnsboro area around the Hotel Roanoke, and this
area could also benefit from the design over~ay concept.
To meet this need, the City requests Charter authority to
establish design overlay districts to encourage compatible
development in areas of the City identified on an adopted
comprehensive plan as having unique architectural, scenic or
environmental value or in areas designated for redevelopment in
accordance with an adopted plan. Design overlay districts and
guidelines for construction tn such districts would be established
by Clty Council after public notice and public hearing pursuant to
S15.1-431, Code of V~rgin~a (1950), as amended.
18
INDEX
POLICY STATEMENTS
Clarification of State and Local Responsibilities .... 2
Economic Development. . .... 2
Effective Government ................................. 1
Governmental Immunity ................................ 6
Governor's Advisory Commission on The Dillon Rule
and Local Government.. .1
Mandates ............... i~I~~II~IIII~'2
Revenue and Finance ................................. 3
Special Needs of Central Cities Without
Annexation Power .................................... 4
Zoning and Land Use .................................. 7
LEGISLATIVE PROPOSALS
Collective Bargaining., ............................. 17
Corrections - Jail Overcrowding ..................... 14
Corrections - Juvenile Detention Facilities ......... 14
Curfew Violations ................................... 15
E-911 Telephone Service ............................. 13
Economic Development - Industrial Development
Authorities ........................................ 16
Education - Day Care ................................ 11
Education - Equitable Funding ........................ 8
Education - Elimination of School Age Census ........ 11
Education - Enrollment Loss ......................... 10
Education - Full Funding of Standards of Quality .... 10
Education - Method of Calculating Standards of
Quality Costs ....................................... 9
Education - Pupil Transportation .................... 11
Education - School Opening Date ......... ; ........... 11
Education - State Literary Fund ..................... 10
Extension of Occupational Disease Presumptions ...... 17
Freedom of Information Act .......................... 16
Health - Services for Disadvantaged Children ........ 13
Notice of Claims .................................... 16
Nursing Home ........................................ 13
Public Libraries .................................... 12
Safe Schools ........................................ 11
Sales Tax - Local Option ............................ 12
Transportation - Improved Access to Blacksburg!
Virginia Tech ...................................... 12
Transportation Museum ............................... 14
CHARTER AMENDMENTS
Architectural Review Board - Delegation of Powers
to Agent ........................................... 18
Design Overlay Districts ............................ 18
MINUTES OF THE AUDIT COI~fITTEE OF ROANOKE CITY COUNCIL
December 7, ~992 CITY C~:
'92 0EI3-9 P3:42
1. Call to order:
The meeting of the Roanoke City Audit Committee was called to
order at 1:00 p.m. on December 7, 1992, with Chairman, William
White, Sr., presiding.
· The roll was called by Mrs. Barger.
Audit Committee
Members Present:
William White, Sr., Chairman
Mayor David A. Bowers
Beverly T. Fitzpatrick
Delvis O. McCadden
Others Present:
Elizabeth T. Bowles, Council Member
James G. Harvey, II, Council Member
Howard E. Musser, Council Member
Robert H. Bird, Municipal Auditor
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., city Attorney
James D. Grisso, Acting Director of Finance
Evelyn W. Barger, Administrative Assistant
Joel Turner, Press
David Poole, Press
INTERN&L AUDITS - Briefing on Director of Finance Final
Report
The motion was made by Mr. Fitzpatrick that the Audit
Committee convene in Executive Session to discuss a
personnel matter, being the performance of a specific public
officer, pursuant to Section 2.1-344 (A) (1), Code of
Virginia (1950), as amended.
The motion was seconded by Mr. McCadden and adopted by the
following vote:
AYES: Mayor Bowers, Mr. White, Mr. Fitzpatrick, Mr.
McCadden 4
NAYS:
0
Mr. Bird presented a briefing to members of city Council and
the city Attorney on the Director of Finance Final Report.
Xud~t Committee K~u~es
' 9age 2
Deoembe~ ?~ 2992
Hotion ~nd Certification With Respect To Executive Bession~
With respect to any Executive Session just concluded, Mr.
McCadden moved that each member of the City of Roanoke Audit
Committee certifies to the best of his knowledge that (1)
only public business matters lawfully exempted from open
meeting requirements under the Virginia Freedom of
Information Act and (2) only such public business matters as
were identified in any motion by which any Executive Session
was convened were heard, discussed or considered by the city
of Roanoke Audit Committee.
The motion was seconded by Mayor Bowers and adopted by the
following vote:
AYES: Mayor Bowers, Mr. White, Mr. Fitzpatrick, Mr.
McCadden 4
NAYS: 0
UNFINISHED BUSINESS:
None.
NEW BUSINESS:
The next Audit Committee meeting will be January 4,
1:00 p.m.
1993, at
ADJOURN14ENT:
There being no further business,
1:55 p.m.
the meeting adjourned at
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
December 18, 1992
SANDRA H. EAKIN
Deputy City Clerk
File #60-5
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday,
December 14, 1992, Mayor Bowers requested that the matter of a mounted police
patrol be referred to 1992-93 Budget Study for consideration.
Sincerely, ~O.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc: Mr. James D. Grisso, Acting Director of Finance
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
December 18, 1992
File #110-51
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
At a regular meeting of the Council of the City of Roanoke held on Monday,
December 14, 1992, you were requested to draft a measure amending Ordinance No.
26305 adopted on December 27, 1982, to provide for staggered terms of office for
current members of the Board of Zoning Appeals.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
pc:
Mr. W. Robert Herbert, City Manager
Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals
Ms. Patti Haynes, Secretary, Board of Zoning Appeals
Board of Zoning Appeals
L Elwood Norris, Chairman
T. E. Roberts, Vice Chairman
W. L. Wheaton
Robert R. Coply
Richard A. Rife
Patti C. Hanes, Secretary
December
11, 1992
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
As you know, my term as Chairman and four other Board
members of the Roanoke City Board of Zoning Appeals expires
on December 31, 1992. Our Board Secretary, Patti Hanes,
has brought to my attention that she has been notified by
Stephanie Wood, from the City Clerk's office, that Robert
Copty is the only member eligible to be reappointed to the
Board again. From what I understand, Mr. Copty is eligible
because his initial appointment was to complete the
unexpired three (3) year term of Glynn Barrranger. While
discussing this matter with the Board members and staff, I
recalled a letter that I sent to you in December of 1989
dealing with the issue of staggered Board appointments. I
am attaching a copy of the letter for your information and
for all new Council members that were not serving at that
time.
In suaunary, I suggested that Council institute
staggered term appointments for Board members in order to
prevent this very situation that is before us at this time.
My suggestion was included in the City's 1991 Legislative
Program to the General Assembly and as a result, an
amendment to the City Charter was made and signed by the
Governor on March 22, 1991. I am attaching a letter from
City Attorney, Wilburn C. Dibling, Jr., notifying the Board
members of this legislative action. Also, please find
attached a copy of the 1991 Session of the Virginia Acts of
Assembly - Chapter 449, of which I have highlighted the
applicable sections, #7 and #8 on page 7.
It is the consensus of the Board that effective
December 31, 1992, staggered term appointments must be made
at this time in accordance with this new code provision.
The purpose of this letter is to also bring to your
attention, that in the spring of this year, Council
supported, through funding, the entire Board's attendance in
Room 170, Municipal Building 215 Church Avenue, S.W., Roanoke, Virginia 24011 (703) 981-2250
Honorable Mayor and Members
Page 2
December 11, 1992
the virginia Certified Boards of Zoning Appeals Program.
This program consisted of an extensive 10 (ten) week home
study requirement as well as two separate seminars in
Richmond and Charlottesville in order to complete our
certification.
I am sure that you will agree, that it will not be in
the City's best interest to lose a competent, certified
Board at this time. It is my suggestion that perhaps
Council implement the staggered term requirement as
previously mentioned, with the current Board members whose
terms have expired. This will assure the consistency and
continuity in decisions rendered by the Board while
addressing the development needs of our community.
The Board and I would appreciate your immediate
attention and consideration in this matter.
LEN:pch
Attachments
cc: T. E. Roberts
Walter L. Wheaton
Richard A. Rife
Robert R. Copty
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
~/Mary F. Parker, City Clerk
William F. Clark, Director of Public Works
Ronald H. Miller, Building Commissioner/
Zoning Administrator
L. Elwood Norris, Chairman
T. E. Roberts, Vice Chairman
W, L. Wheaton
Glynn D. Barranger
Richard A, Rife
Ruth C. Armstrong, Secretary
Board of Zoning Appeals
December 18, 1989
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
As you know, my term as Chairman of the Roanoke City
Board of Zoning Appeals expires on December 31, 1989. While
discussing this matter with the other members of the Board,
I realized that the term of each of the members of the Board
expires on that same date. Since each member serves on the
Board for the same length of time (three years), it is en-
tirely possible that the Board may someday consist entirely
of new members. Under such circumstances, interpretations
of the Zoning Ordinance consistent with previous rulings may
not occur.
The members of the Board believe that the interests
of the City of Roanoke would be best served if the terms
of each of the Board members were staggered so that no
more than two members are eligible for reappointment at
any time. I have discussed this matter with the Office
of City Attorney, and I have been advised that a Charter
amendment would be necessary to implement this recommen-
dation. The City Attorney has further advised that it
is too late to advertise and hold the public hearing
required to take this matter to the 1990 Session of the
General Assembly. He has suggested that the matter could
be included in the City's 1991 Legislative Program, and
the Board would respectfully request this action. An
amendment by the 1991 Session would allow staggered terms
to be in place when Council next makes appointments to the
Board.
appreciate your consideration of this matter.
Very truly yours, ~
L. Elwood Norris, Chairman
Board of Zoning Appeals
Room 170. Municipal Building. 215 Church Avenue. S. W~ Roanoke, Virginia 24011 (703) 981-2250
Honorable Mayor and Members
December 18, 1989
Page 2
LEN/ff
CC:
T. E. Roberts
W. L. Wheaton
Glynn D. Barranger
Richard Allen Rife
Ronald H. Miller, Building Commissioner
and Zoning Administrator
Ruth C. Armstrong, Secretary, Board of Zoning Appeals
~ilburn C. Dibling, Jr., City Attorney
CITY OF ROANOKE
OFFICE OF THE CITY ATTORNEY
464 MUNICIPAL 8(JILDING
ROANOKE, VIRGINIA 24011- I $9S
WlLBURN C. DIBLING, JR.
c,~.A.o..~. May 7, 1991
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
KATHLEEN MARIE KRONAU
STEVEN J. TALEVI
The Honorable Chairman and Members
Roanoke City Board of Zoning Appeals
Roanoke, Virginia
Re: Stasgered terms for members of the Board of Zoning Appeals
Gentlemen:
The Board of Zoning Appeals recently requested that the Charter be
amended to provide for staggered terms for members of the Board. Such
recommendation was, in my view, very perceptive and beneficial to the
public. The members of the current Board have immense experience,
both as Board members and in their private professions, and it would
indeed be a tremendous loss to the public were it to become necessary
to replace several members at one time.
The recommendation of the Board was included in the City's 1991
Legislative Program. In this regard, I am pleased to enclose a copy
of Chapter 449 of the 1991 Acts of Assembly which provides for the
recommended staggered terms. See $62(8) on page 7. This amendment
to the City Charter was signed by the Governor on March 22, 1991, and
has been effective since such date.
I wish to thank the Board of Zoning Appeals for its very useful
legislative recommendation.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCDJr:fzcf
Attac~hent
cc: 'Ronald H. Miller, Building Commissioner/Zoning Administrator
Ruth C. Armstrong, Secretary/Assistant Zoning Administrator
Steven J. Talevi, Assistant City Attorney
1991 SESSION
VIRGINIA ACTS OF ASSEMBLY - CHAPTER ~ ~ 9
An Act to amend and.r~nact ~ 2 and ~2, as sm~rally arn~nd~l, o/ Chapter 21~ o! the
Acts o! Assembly o! 1952, wAich provid~l a charter/or tA~ City o! RoanoAnv, and to
.amend such chapter by addin~ a section nurnl~r~ ~2.1, tA, arnend~d and added
sections r~lating to the powers o! the city, th~ gontrt~ and dernolitfon o! histo~c
buildings.
[S 5281
Approved MAR Z Z 1991
Be it enacted by me General Assembly of Virginia:
1. That §§ 2 and 62, as severally amended, of Chapter 218 of the Acts of Assembly of 1952
are amended and reenacted and that such chapter is amended by adding a section
numbered 82.1 as follows:
~n2. Powers of the city.
addition to the powers mentioned in the precefli~8 section, the said city shall have
power:.
(1) To raise annually by taxes and assessments in the city such sums of money as the
council hereinafter provided for shall deem necessary for the purposes of the city and in
such ms,~er as the council shell deem expedient, in accordance with the Constitution and
laws of this State Commonwealth and of the United Slates; provided, however, that it shall
impose no tax na the bonds of said city.
(2) To impose special or local assessments for local improvements and enforce payment
thereof, subject, however, to such limitations prescribed by the Constitution of Vir~nia as
may be in force at the time of the imposition of such special or Io~l assessments.
(3) Subject to the provisions o! the Constitution of Vlrsinin and of as~kms rony-se~
foJ~-al~4 mid fm~:y.alao ~.~ 4~'. ~8 and 4.9 of this cberter, to contract debts, borrow money
and make and issue evidence of indebtedness.
(4) To expend the money of the city for all lawful purpase
(5) To acquire by purchase, legse, lease purchase, sift, bequest, devise, condemnation or
otherwise, property, real or personal, or uny estate or interest therein, witlfln or without
the city or State CommonwfoltA and for any of the p~ of the city;, and to hold,
improve, sell, lease, mortgage, pledge or otherwise dispose of the same OF any other part
thereof.
($) To acquire, in any lawful manner, for the purple of encourasin8 commerce and
manufacture, lands within and without the city not exceedins atany one time five thousand
acres in the a~'egatn, and from time to ~ne to sell orleose the same or any part
thereof for industrial or commercial uses and purpasm.
(7) To make and maintain public improvements of all kinds, including municipal and
other public buildings, armorias, markets, comfort stations or rest rooms and all buildings
and structuresn essaryor appropriate for the use of the departments of fire and police;
and to esmblishec marketOra markets in and for said city, and to appoint proper officers
therefor;, to prescribe the time and place for holding the same; to provide suitable buildings
and grounds therefor and to make and enforce suc. A roles and regulations as shall be
necessary to restrain and prevent hucksterin& forestAIli?8 .arid __regradin& and for the
purpose of regulating and controlling the sale of fre~ menu,rrasll ~farm and domestic
products in said city the council ~all have authority to continue the sale of such articles
or products to the public markets and public squares provided by the city for that purpose,
and shall have full power and authority to use such streets, avenues or alleys in the city
around the public market and public squares as may be necegasry to provide for vehicles
from which farm and domestic products are offered for sale, and may by resolution or
ordinance desisnate the streets or other public places on or in which all licensed peddlers
may sell or offer for sale their 8oeds, wares or merchandise and sh~!! have authority to
levy and collect a license tax for the sale of fresh me~tts and fresh ft~ and may impose a
curbeBe tax for each vehicle conlainin8 farm and domestic products brou~t into said city
and sold or offered for sale on the market, and to acquire by condemnation or otherwise
all lands, riparian and other risbts and easements necessary for such improvements, or any
of them.
(7.1) To own, manage and operate a city auditorium, civic center, coliseum, convention
hall, stadium, theater, exhibition hall, or combination thereof, or other place of public
a.~embly, and to permit the use of the same by others upon such terms and for such
2
' .,.,~.. as ~ .~e..council.may p .r~scribe: and in order tO further the ~t ~
.puo~c an~l lea~ to gFester use or any such hctiiti~ to ~. ,,. ...... terem
[ ---, do ,~ mu~s u~: nn
o .encourage the use thereof by Arrnnoh, o or a,,-,., ...... .e!mary n proper
vamout umltauons as to other permtsslble activities, lncfude the expendl~reUr~ofofment~and~
to promote such activities and to bring notice to the pubUc o1' entertainments at such
public fucilittes, engaging persons to bring entertainments thereto from wnich the city may
derive income, and the payment of funds to such persons in advance or out of proceeds
derived therefrom in connection therewith; and may lnctude entering into agreements with
such other persons
guaranteeing minimum sums to be payable to such persons for
performances, provided that at no time --~- "- .......... future
te ~ mc uK~-e~te nmount o! 8H outstefldin
guaran es be more than such sum ...... ,-- -, .........
ao umw, uc ttAeO Oy rne COUnCIl.
other provisions of thts charter, the' council may annro,,rinte fun"- + ..... t_,U?~__ ding..any
account in order to en~n~e, advertise o,,a ,,,.,.--A;.'--".". ..... ~"." s~.~ or revmvmg
· ~ ~d I;a~aaaa~fl,~ ~Mly 3UCII entermmment and
any of the foregot fucfllti~ an h, .... t. ,..== , ........ to operate
may be designated by ordinance of the cm]nrH ..~ ......... .C~.. p~.fS0n or pefS0ns as
surety payable to the ciW in a n~,,,~, ,,~,-~:: ,'~I~=' ~_u~..?g~_ .nneuty tMn.d ~th corpornte
-. r---...., -,,. ,~ ~ me aumoriZed nm0an[ or such special
without the co rate limi _ . rwise, thin or
fpo ts, lands and property necessary for any such
(9) To a. cqll.ire in any lawful m*nn,gr th any coun*v ,,, -,- ..,-,- _P_ ~url~e..~ ....
.such_water tan~s, .and lands under water as th~ coun~l~ ~ ~l~d ~"-,u-r-~-r:n-°ut ?__e_ state
for me purpose or providing an adequate water supply for said city and o!
v .mpm~ sm. uons aaa omer works in connection there--*,. * .... ,, .... --~----~-
w~.~r, supply and to add thereto mtheral or o*~-* ~,;~,_~__t,:u~.~m, ~.uter:. or pumy such
potante or more henithfm_ or to ,~,~,~- *-.. *-~,,~-' _~_~,~_.c? m_mmre me water more
regulations for promoting the purity o! its said water urn-e; 8 reasonable ruins and
from pollution; and ,.r supply and for protecti~ the same
and enforce supply
~o~re,Fe~er..~?._l~_ds. may be l.ocat.ed th ~ state; to imm ademmte
u~ m= vlumuon m' any suen rnlas a~l tio * and ~
pollution or threatened onlhtlon o! su-- ..,,..r~-~...t_,..ns;__. to p.rev..~t by iN.unction any
· ,-- '." "'~. o~ppl ~ an ~ nil 8,
the purity thereof; and to acnulre lands or "--*-~-, ,*- --y- - ~ cts_llke~y to impair
...... · .......... :-- ---~,~, ,u, uny such use. For any of thin
conde--n~tion, purchase or otherwise, any estate or interest in such lands ~re' an~vqogUlg ~ by
or an.y ri~t or easement therein, or may ~,-,,,,-~ -,,-- t,,.., .......... Y em,
reserving .. -.,,,-~',s,~-,~ d,.~,~ muua ur ally O! rnem
prescribed mereof. .. in fee,
_._.... ........... ~,.,,_--,~ .u~. a. ucn conoemnauon or purclmse. T'ae said city
.&.~m?. aczl Ur 3Upply t0 peFs0ns~ ~or moastrlasresidino Ap 1A,~6,,~i --..ad .......
~wm~rmu]ni~Ybi~u~nrit~l. ns of water it may bare over and
.. (10) To. astabl.L~ .and eMorce .water rates a~.d retas and c for pubUc utiliti or
omer service proouc~ or co=vemenc~, on-,.razed ,~-,,-..,-. ~ ..........
employ necessary competentmacbthi~n~e~e~j~ t~- l~-~ct'~h~e;'~e~u~;~m~e~ed~e f~teP~'ri~
plants, pumps and pnmpjng
and all other equipment of and aU sum'cas of water
supply o! every water company .fur~flsldng such water for domestic purpo~s, or use in the
homes, of the lnlmbitants o! the city, to compel any sucil water company, whh,h OWnS or
such inspectors; to rove reaso,,-M- ...,~,...a~,.u ~_u..ter_..~pp~y.m pay me rea.~o, nabte cost
isclm~d hv .nv -,,~, .... ;~._ ~.__~.??..~= .? uny. ?ucn water compaay or aay condition
d ........ . ~..~. mat~cuon winch, m me opinion of said inspector and of-a majority
compmiy to remed an ~' m~ purposes ann ~o reqatre any such water
y y such condition withth a reasonabl ·
ann ,h,,-- ~,~=,,,~.., ,_ ._~uu_~.uuu ? n.~. remm~ee ny mua water compmiy and the acts
..-..,,,,~e~ ?.t,~.,.~u m ..~u.o nouco to.gaM water company to be done by it, be not done
mmm me ume speciftea m said nouce, and if a majority of said city cotmcU sliall by
3
emergency ~ rcqumas me uomS or ~o a~ or ~ ~ ~ ~ ~d notice or
~Pm~
~y ~ of ~e~ to ~m~y or p~veat ~ch ~t or ~ter or ~ter supply
bei~ p~d~.for or ~ t? .~e_ln~b~?~.o~ ~e ~W oF ~y of ~e~ ~ea ~e ci~
cou~cil.~ ~e~oy ~ye~ ~. ~t ~ ~ i~ au~ ~y m do ~e a~ or ~i~
~d
~ ~ 1~ au~, el~er by ~Aoldl ~e
~ter repm~, which ~y ~e~er ~me due ~m ~e ci~ to ~d ~ter comply, to
reimb~ ~e ci~ for ~ount e~nd~ ~ ~e doing of ~d a~ or ~i~, or to
r~over ~d ~o~t ~d water comfy by ~y app~p~te a~on at law or suit
~ p~d~, however, ~t ~e ~m~ ~ount which ~e ~d ci~ ~y M e~nd in
m~ ~u ~cm~r ~n~ S~ a~ ~ ~e ~ or Mvan ~o~d five h~ndred
~o~.~?~a~ ~n~ ? n~ ~y ~ ~ndiM~ which ~y
~ to ~eve ~d e~ a n~ o~e for ~e
~ppt~ ~d~ ~ ~y ~ p~ it~ PusHy d~e~in~ ~t ~d
~ on~ no~ ~_ror ~d p~, ~d ~Mr com~ ~h~l, ~over ~o~'~
~_~7~ ,mm?, ~ u ~u ~nmm~ ~ M~d n~ a n~ one ~e ci~ shall
~ en~u~ ~ ~lVe ~m ~ ~mr ~m~y by ~ of
. l.~ ~der a q~ me~t it ~y ~ dete~ln~ ~e ~d comnanv
~el ~ a~ ~neflt of ~d ~ o~t ~ ~ue ~eiv~ for. ~ng
me p~, ~e or smell of such
o~y
~ of ~e in n ~o~t w~ ~te~y ~
.. .~ or M~ of ~ ~pply ~ h~by d~ 8 ~on w~ it
~e ~ co~.to.p~enl or ~m~y under ~e ~wem ~ ~ ~ n~ ~i~
~e~m ~n~ s~ ~ ~ ~ ~ ~ 1~
SMM
~d of H~ or. ~y o~er ~n~ of ~e ~ Co~o~A over water
. - ~. . . ~. ~ of H~ or o~er agency of
council,
e,__(l~l_) _T,o_~cq_~u~_~_la th~e~manner provided...by the. ~enernl laws any existing water, gas or
lvm;trtc prom, worn or sy~ or any pltr~ UlereOL
~,~ ~ ~mc~. ,p_uo_~_~_~,,m~_~w~_?~,~ si~..1~, aiM.~ Donleverlls an(l parkways, and to alter,
- % m e~mDu~i Wla maln~m ~
. , play~unds and other public ~rounds;
~dc~,_~ ~.?*,.n ~ .o. pemt_e b~dses, MdilCi3, snbws),& tuMt,ls, sewers and drains,
rnnln O.,_re ?__?_,o_r _an.~hi~?ays,.perhx pubic 8roands and works; to plant and
.~?,x?~** ~.= .u%*=?. moa~ .m.e. ns an.(z upon suca pubic 8rounds; to prevent the
_o._~_ ?..u. on~?,~_so, C?i~mn~nd" M~nwa.y.'.'.'.'.'.'.~,..a~.d, qbollsb an.d.prevent ~rade crossings over the
~mu~ oy rmu'uaus m me er provM~(1 Dy mw; r~[e the oMrgtion And qr~mpd Af nil
cars and vehicles ~ the ume, ns well ad the ODe~nlian and ;,T.~.~--~ :W_'_~.~*. .......
~ ~ ~t~-~'u o,t ma engines, car~
Ud .trai~q.. on rnl]roads ~.thto. the city;, to provide by ordlmmce for the removai from suctx
s~..ee~ ..nJsnways, .ai]eys, nomevards, parkways and other public places of vebiclns and
om. er oqecm.aban~oned thereon or left or placed thereon In violation of ]aw or of an
?,~_~_c_e o_f._?e. ~: and to. take .c.luu:Se. of, lm~und. ~.d thereafter dispose of by sale or
umerwme, SUrD vemcles or omer oq2c~s, an SUeD sine m be bom
Y only after the owner or
~cr~on__l_a_~_.y ?.uti.tied .to the ~po~mnsion. the.r.e.o.f, slum beve refused to pay the costs of
..u_c_,n_,r_e_m?,~v?.~ano [.ee. pq .or .ax~e. r_sucn vemcle or other object simll bare remained
t~_n~m.eQ m.me.c~, y ..o~. roe.city for.not less than sixty days, and, in either case, after
.ouce.o.z suc.n sale, ~l.escrlqlq .me vebicse or object to be sold, shall bare been published
.z~or noT.Jess. ~ five ~.ys .m a.lO~nl .dnlly. ?ewa~por of ~e~rnl ctrc~tiol~ and to recover
me .costs .o.~ suca rom.oval, reep~q ann roue, to provide for the condemnation and scrappin~
or n.m..er ~i..iSjLX)Sition oT 8bandoned or unclaimed motor vehicles whirlS, bY reason of damag~
or ~lmpl~Buon, are unsafe and impracticable of repair;, to reanlate the service to ~e
rendered .and rates to be cbar~ed by busses, motorcars, cabs ~an.d other vebic]ns for the
carry]q oz passansers and by vehicles for the trnn~er of be~SMe; to require 81] telephone
and telegraph m and ali m and cables carryiM electricity to be placed in conduits
4
underground and prescribe rules and regulations for the consl3'uction and use of such
conduits; an.d t.o do. al~..oth? things whatsoever adapted to make said streets and ~.ghways
sate, convenient ana attracuve.
(12.1) To acquire, construct, own, malntn!n and operate, within and without the city,
places for the parking or storage of vehicles by the public, which shaU include, but shall
not be limited to parking lots, ~ buildings and other land, structures, equipment and
facilities, any of which may be provided in areas or space above or below public streets,
sidewalks, or other public places, when in the opinion of the council they are necess~ to
relieve congestion in the use of streets and to reduce h,~mrds incident to such use; provide
for their management and control by a department of the
co ' e city government or by a board,
l~a,,m~.io,~n .o..r,.~g_ency_,s_~p~'c~.i~l..Y.._es~__b_l~_,.ed. by..or.dlnance for the p .urn. or to provide, by
the'"'~ v, ,,.?u.~ s~,c~ ny me councu, tor melt management mm control by others than
the,.~,~cil~, [.u_th..o._rl~e, ,or ,_p~___r~lt others to u~e., operate .or .maintain .such places or any portions
.... , yu~au~utt to te~J..~e or agreement, upon suca terms an(I conditions as the council
may determine by ordinM~ce; and charge or authorize the ~of compensation for the
parking or storage of vehicles or other services at or in such
(12.2) To acquire, th any lawful ipanner, in fee simple or by easement, land and other
me city, atrports an(1 all the appurtenances thereof and approach zones and clear
zones reasonably necessary therefor, includin8 aH fecflities deemed necessary for the
ty go . y tMard, co on or agency
specially ..establ. tshe~., by or~. ce for .the purpose, to charge or authorize the chargiag of
!.or__Te suce atrport.or .any. or, its appufle . ce lease any
apl; uunce o~ any SUCh airport or any concession mcMentol thereto or, in the discretion
of the. couf~..cll, lees~, any su..ch..Mrport and its appurtenances with the right to aH
concessions rnereon to, or enter into a contract or contracts for tile nianagement and
the .same .o..r. any on.e. or of the. m .ny pers firm or corporalion
u ~u?n te..Fms .anti conGmons, ns me coancu may (2eterlllme Dy ordinmn~e; 8fid to have and
(12.3) To acquire, construct, own, maintain and operate, within and without the city,
stadia, are-nst% golf courses, ~wimtolag pools and other athletic or recreational facilitie~
provide for their management and control by a department of the city government or by a
board, comp~!~on or agency specially established by ordinstn~e for the purpose, charge or
?.tho.r*ize th.e char~ag of compensation for the use .or or edmtssion to any such faclflty,
clumag..Ch..arses to.r any .s~..rvlces incidental thereto, to regulate the use of the same; to
~ace~i~yS~ject to SUCh regumuons es may be established by ordinance, any such aforesaid
___or.a~__y .c_o_nc.?ion incident, the.rato, or. enter, into a contract with any person, firm
or c..orporauoq mr. tn.e..rna...ment am1. o~erau, on or any such facility, lacludla~ the right
to a~ concessions mci(tent to me subject or SUCh contract, on such terms and conditions ns
the coancfl may determine by ordinance.
._ (13.). To. co. nstru.ct and. re&to .mtn, o.r aid th cons~uctin8 and
limits of the city, tn ordeF
~(2~(.,~r.~. ~oui.e..v~'.m, part*ways, mnnem and bridses beyond the malnmntos, pubUc roads,
c rote punuc travel to and from said city and its suburbs and to and from said city
and any property owned by said city and situated beyond the corporate limits thereof, and
to acquire land necessary foF SUch purpoee by condemn~tioa or otherwise.
pub~ilc4)uitSl~tibjes,ect to the provisions or the Constitution o! virstnla to srut franchises for
(15) To collect and dispoee of sewa~ offal, ashes, 8arbaSe, carcasses of dead animals
and other refuse, and to acquire and operate.reduction or otheF plants for the uminlion or
destruction of such materials, or any or them: or to contract for and resdiate the coUection
and disposal theraof. To compel the abatement or smoke, dust and fly-ns~ to resulate and
control the installation, alteration and repair of aH combustion equipment, and to control
· and prohibit pollution or the air.
(16) To compel the abatement and ramoval of aH nuisances wi~in the city, or upon
property owned by the city, beyond its limlt~ to require aH ]tiff(is, lots and other premises
within the city to to be kept clean, q~mitfl~'y and free from weeds; to refulate or prevent
slaughterhouses or other noisome or offensive business within said c~t~;"~e keeping of
nnimal~_ .poultry and o.ther fowl thera,.i.n,,, or the exercise of any daagerous or unwholesome
busio~ traue or employment therein; to regulate the transportation of aH articles through
the stFeets of the city;, to compel the abatement of smoke and dust, and prevent
unnecessary noise therein; to regulate the locaUon of buildiags or lots where animals or
5
of ~e city.
(17) If any ~rotmd in tile sal.d .city shall be subject to be covered by stagnant water or
e
raised or d--'n ............... ,,u~.~u ~m.Y .cause sucn groan~ to oe filled
~m ~u, or m~y cuu3e suni1 sunstoflce tO I~ -
a~ent. An case or nonresident owners who dave no o'-nt in --'-
O~O,~ hmo ~;lty, SUCh no,lee may
Wen by publication; in which event two insertions such notice on separate days, in any
newspaper published In said city, at least ten days before the first day any action is to be
te~ea shall be sufficient notice.
08) To dlF?.t the location of all bulldinSs for stoHn8 gunpowdar or other e loslve or
?mbnstible su~mncns, to refulale or nro~init the sal,. ~.,,, ..-- -, = ...... xp · .
nracracl~ers, kerosene oil, ~enline ~*,-,,o,,,,~-,-- ~_..,_~__~_ ~, ~.nnm~e,..~npowoer,
~xploslve .or combustible materials, the exl~t~on of n,.,,--~=,.. ~,._ ~,_=_n.~_ rtuM: ..and ali
· .~w~i~ m~ o~cnsl~e Of ilrearnl~
me. ~ or cea. dies .and ligAts .in beFns, stables and other butidinfs, the nutin
.aha me carr~ or concealea weapon~ and to ,.~m,inth th- ,.,^; ......... .g~ of.bon, fires.
aangerous, explosive, or hlgllly combustible mater~' ~ ,-,,-=re=ut uver tls streets ot
(19) To regulate or prohibit the runnh~ at largu In said city of any or all animals and
fowl; to regulate or problblt the keepin~ or raising of same withIn said city, and to subject
the same to such levies, regula~ons and taxes as it may deem pro r; to prohibit
regulate the keepiM or ralsiM or pl~.,ons or other birds; and to pro~d~ for or
the seizure,
i d=od or or such o, fowl foand roanin at ,ar e or
sept in viomnon or such regulation.
(20) To restrain and ponlsh drunkards, vagrants, mendicants and street beggars, and to
provide for the treatment o! dl"unkm'ds, alcoholie
21 To rev s and drub addicts.
( ) p ant vice and Immorality;, to preserve ubllc
P pence and good order, to
disorderly conduct or exhibiti~"~n ~e ci~.~' o, mi ~ to prevent lewd, indecent or
use,(22)m~Tu~lic~. ~st'rad.m=?~____a~d__we_£~_ a~..comm, odi~.o.r article for consumption or
, ,,m, p~ or.ollere~ tot sale wIHtln the city, and to establish,
we~nm, meters, nlensllres and scales.
regula.t.e,Jicense and inspect
deJ23) ~t~o. e,~ .and p.revan.t fires .a~.d.. c. ompel .citizens to render a.~ststance to the fire
i~utm~ut m ca~ Ol ne~ anal to ~in[} to
IlSll, re~la and control a fire department or
s~rast°h~ .tll._.e..,!~i~,_n?t_?tals and ce ,ns~u. ction of bulldlMs, fences, and other
· public safety and convemence may
require, to remove, or require to da removed, any bufldin~ slrucinra or additlon thereto
which by reason of dilapidation, other causes, ma}, have become
defect of structure, or
dangurous to life or or which may be erected, contrary to law;, to establish and
des~nate from time ~ I~e~flra limits within which I!m!ts wooden buildings shall not be
~ln~n ~,~ed~, ~_m~Iv.ed,,..,,ad.d_ed__to= .or._e._~nl~_.ed,' and to=dlr~t, thet.=an¥.or all future buildings
or other fireproof material. -, ..... =,-,,~, ,.uuc~cte, uncil, ~ron
(24) To provide for the care, support and maintenance of children and of sick, aged,
insane, disabled, or poor persons and paupers.
(25) To establish, or~talze and administer public schools, colleges and libraries subject
to the guneral laws esinbitshfn~ a standard of education for the state.
(26) To provide and malnf, aln, either within or without the city, charlteble, recreative,
curative, corrective, detentlve, or penal institutions.
(27) To provide for the removal of paupers or dependent persons recently come into
the city where permitted by state or federal laws.
(28) To provide for the preservation of the guneral health of the Inhabitants of said
city, mnke regulations to secure the same, inspect all food and foedsthf~s and prevent the
Introduction and sale in said city of any article or tifln~ intended for human consumption,
which is adulterated, lmpura or otherwise dangurans to health, and to condemn, seize and
destroy or otherwise dlsposa of any such article or ~ without liability to the owner
thereof, to prevent the introduction or spread of conin~tous or Infectious diseases; and
Pthrevent and suppress diseases generally;, to provide and regulate hospltsi~ within or without
e city ltmlts, and to enforce the removal of persons afflicted with cont~lous or infectious
disease to hospltn!~ provided for them, to provide a department of health, to ~ave the
powers of a board of health, for said city, with the authority necessary for the prompt and
6
**fficieat performance of its duties, with power to invest any or all the officials or
~mployees of such departmant of health with such powel3 as tile
have; ~to establish a quarantine Sround within or without ~llepo~ce~°.ffi*~ o! th.e
tic, suojecc to the laws of the ~ailo ¢ommonwealtA o-~ *.- Tr.a,..* ~._.'---~_*r'*"~' .'~.: ~-~
keep records ol' vital statistics and com,~ ,~ .~.._ ~o .......... pro~ae and
information necessary thereto. ,...1 ,,~ ,~Lmu os au oirrJlS, fleatlls anCl other
(29) To acquire by purchase, gift, devise, condemnation, or otherwise, lands, either
within or without the city, to be used, kept and improved as a place for the interment o!
the dead, and to make and enforce all necessary rules and regulations for the protection
and use thereof; and generally to regulate the burial and disposition o! the dead.
(30) To exercise tull police powers, and establish and rflAintAJ~l a depe~tment or division
o! police.
the (~)n-T°*d°--~a~l'' things whatsoever n~essary or expedient for promoting or maintaining
___ isc crcu .we?ar.e, comzort, educauon, morals, peace, govermnanL health, trade,
commerce or maustries of the city or its inhabitants.
acco?z~l)oda?one~t ~npr~lbCil~nlt ~.rta~tmle~ir ti~n PlUnbflsCuc~ oeoe~cn~ _to _.d~.,flz~_e places o.f .public
the basis of race, creed color naUo~ --- ~ ~' ~.~a us puouc accommoaauon on
'3 ..... ' ' ' mU onsln or sex.
. ~;; z'o maim .aaa em. orce. ,all ordinances, rules and resulatioas necemmry oreat
~,uac p~ rjes ror tile VlOla~lo~l of such
ordinances, rules and rngulaUons, or any o! them, by fine not eaceeding ese two thousand
~.~ ~.,,~_,~..doil~.ar~ .or ~~.,~,.,,,,~.,,.~ no~ ezceadinS twelve mont~, or
· i~ c punmnmem zor Its vtomuon. '~ne enumeration
of pm'ticular powers in this charter sltall not be deemed or held to be exclusive, but in
addition to the powers enumerated herein implied thereby, or apprapmte to the exercise
thereof, the said city shah llave and
hereafter be possessed or enjoyed by ~ exercise, ail_other powers ~lch are now or
§ 62. Zoning. crees unaer me constitution and al laws o! this state.
(1) For the promotion or he~lt~ safety, mom]s, comfort, pro~e, flty, or 8eneral welfare
or the senerai public, the council or the City or Roanoke may, oy OrdinAnce, divide the
set back building lines, ,-~floto ,,,.a ..~.,.~...~ ,,. ......... may estab.~h,
reconstruction, alteration, repelr or use of bulldi .... ., .,,. ....... )?_. ~ .coestru.. Ctlon,
· ~, ,~u ~er ~ucmres, me~r fie area
and. bulk, apd pe. rce_ntnge nf lot to be occupied by buildings or other seucturas. ~h?~,~
yaras, courts aaa. omer open spaces, and the trade, indem'~'v emM,*~,~ ..L~-
uses nf the premtses in such district or districts. -' ~-, ..... --~ ~,~
Any ordinance enacted under the authority
o! this act may exemp, t trom the .operation thereof any building or smzctura used or to be
is reasoanbly aec for ~t~n~t~'~sm exempClO~ _o.r.~,su,_cn I)uuam~ or mcturo
....... ~._ enience or welfare of thc uuouc.
~z~ Ali sucn restuauoas shall be uniform for -
each distri but the each class or land of buildings throughout
~3~ eu~C,L .... ,_,~_r__~_~fl_.o. as. in one. .di~rict may. differ from those in other dli3'tcts.
~ .~ ~ ? !~u. scsumuooa s..na~ .oe ma(lc I11 accoreaflce with a comorelleneive elan_ ~md
~L~ ,co _L_e~e__n. yo~ng~.~ on .m_.the streo~ to secure ~ety eom ft~ ~;.
the ad t n po tiOn; to tacilitate
· equa.e pro.vision o.t.tra ~,)ortotion, water, sewerage, schoois, O~in~ omer nubile
reqmremen~ Suca rngtuaaoas s~all be made with ressanabla ~n~a,,,.~fl,,,, ~,~;;,.
rigs, to the character o! the district and ils liar
· pecu suitobilRy for particular uses, and
m.~ a ~ew to. conserving the value of balldings and eocourasl~ the m~ appropriato use
or mhd mrongaout the city.
re_!3),,__r~_e c_o,ancil .of ,.me City.oLe .o.--oke. s~.all ~.rovide for the ma~er in w~ch such
u .... ¥~--.~._,~-::-...7_..L__auu__~r~o.m_ amc ~.o ti.me an~eaaea, supplemented or cbenged.
~_~j:.~-~, ,,? ~u~u ~c. sumuon, resmcuon or eounaary shall become effective after
puon¢ heart.ns.in relaUon thereto, at which parties in interest and ctfl2en~
..... v u ~aueu i.n a ..l~lper or 8enerm clrcumuon in said city, or in a city official
oulieun as provided in see, ue~ ~r 43 o! this charter.
(.5) Suc~h re~[:uinflo.n, test~cflons, and bouadattes may rrem time to time be amended,
supplemante~, cnange~, modified, or repealed. ~n case, however, of a protes~ against such
change stgned by the owners of tweet7 percent or more either of the area of the lots
included in each proposed change, or of those immediately adjacent in the rear thereof, or
of those directly opposite thereto, such amendment shall not become effective except by
the favorable vote of five-sevenths of all the members of the council The provisions of the
previous section relaUve to public hearings and official notice shall apply equally to ail
changes or amendments.
(6) The council of the City of Roanoke shall appoint a comrniqqfun to be known ns the
planning commission to recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein. Such commission shall make a preliminary
report or reports and hold public hearings thereon before submitting its final report, and
the council of the City of Roanoke shall take such action on said preliminary report or
reports, and also on *he final report of the commi~ion, as it shall deem neces_~ry.
esM bem'd of mmnl 8ptMals nuy in ------,-, ..... '-~
conditions and mt~m*~ ~, ~, :~,~.~__~_~m?___?a~. ~ su~ect to appropriate
wi*h i~ ~.~--,.~'--..~"'--'--,.~ .-_~s ._~,__. __-~,t~a?. us ~? ~ .OW me or~xtnlmco in harmony
therebt-- '-c0ntmine(L°~--~' ymt~o~ -~.~ m~m amt m aCCOllleace ~ 8as~Tal or specific rule~
(9) The board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to this act. Meetings of the board sba!! be held at the call of the
chairman and such other times as the board may determine. Such chairman, or in his
a..b~ence, th..e, act~. c .hairscan?. ma.)* .administer oaths and compel the attendance of
~.m.,_e~es.,..A~,...m.~..t~_~,_o~ _m.e___._be_?-_d._s.au.be .open.in the. pubUc. The board shall keep
-:,~,,.~ u,. ,,a i-~ .c~-u~aa. snowm8 me vine or each memoer upon each question, or if
aneem or railing to vote, indicating such fact, and She. Il keep records of its examinations
b (10) A.p.,oeals .to th.e board of zoning appeals may be taken by any person aggrieved or
y any officer, aeparunent* board or bureau of the city affected by any decision of the
administrative officer. Such appeal shall be taken within a reasonable time ns provided by
the rules of the board by filing with the officer from whom the appeal is taken and with
the board of zoning appeals a notice ?f appeal spoci~ the grounds thereof. The officer
from whom the appeal ts taken shall forthwith tr~flemlt to the board all papers constituting
the record upon which the action appealed from was taken.
(11) An appeal stays all Pa_r~c___.e~ti~,_~ .in furth.e._ranco of the action appealed from, unless
the officer from whom the ppem ts mien cerunes to the board of zoning appeals after
the notice of appeal shall have been filed with him that by reason of facts stated in the
certificate a stay would, in his opinion, cause imminent peril to life or property. In such
case proceedings shall not be stayed otherwise than by a restraining order which may be
togo tht, ed .b_y the. board_of zoning appeals or by a court of record on application, and notice
o me officer n'om whom the appeal is taken and on due cause shown.
(12) The board of zoning appeals shall fix a reasonable time for the hearing of the
appeal, give pubUc notice thereof, as weU as due notice in the parties in interesL and
decide the same within a reasonable time. UPOn the hearing any party may appear in
person or by agent or by attorney.
(.13) The board of zoning appeals shall have the following powers:
ia) To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determinaUon made by administrative officials in the enforcement
of this ACt or of any ordimance adopted pursuant thereto.
(b) To hear and decide special excepUons to tile terms of tile ordinance upon which
such board is required to pass under such ordinance.
(c) To authorize upon appeal in specific cases such variance from the terms of the
8
ordinance as will not be contrary to the. public interest where o..w~, to special condllions a
literal enforcement of the provisions or t~e ordinance will result in unnecessary hardship,
and so that the spirit of the ord!~nce ~ be observed and sul~nntini jusice done;
(14) In exercising the above-mentionnd powers such board may, in conformity with the
provisions of this act, rever~ or affirm, wholly or partly, or may medity the order,
requirement, decision or determination ~t toedbefrOm and
requirement, decision or determination as o made, and tomat~atmake such order,
the powers of the officer from whom the end sh~ll have all
appeal is taken.
(15) The concurring vote of three members of the board
an)' order, requiremen decision or d.t. nntion be nec. r, to
admimstretive official, or to
decide in. favor of .the .a. pplicant on an)' matter upon it Is required to pass under any
such oromance or to effect ~ny variation such .ordinance.
(16) An)' person or in
of zoning appeals, or
present to a court of ;.?,.o~u .o~ me ~y or Roanoke a 0etition- duly w~,~ ~',~,'
thni ~,Ich decision is llle~, in whole or ill ~ SOeCi~'~lna the m.mmd~ ,~, th,
SUCh -*.ition shall be nresent,~,~ ,,, ,h ........ ~_ _.. ~ _ o- ...... ,~
decL ~n the office of"t~e ~r~d.~'' ~"'~ ,.ou,t w~mm muir da~ after the filing o!
~o~o o,,,~ oh~n ...~.-...- .~'Z'~___. ~v~.~.. ~, ~y?.w "ucal ae~l~lon of the I~oard of zonin
a~....~ ~.,, ~,~, p,~u~ m~rem me ume ~tmn which a return th,,~*^ ,~,,* ~.
an.~ serve¢l upon the relator~s attoreev, which ~ ,,^* ~- , ..... -~--~?, .---,,, .~
e~anded by the court. The nilownn~:~ of *h- ...~o,,o.~..~ ~_L? ~ ~ell nays ann may be
· ,,,~ ,,,t ~mm no~ sin)' proceedin~ upon the
board and on
decision appealed from, but the court may, on application, On notice to the
due.~.as~_sho, wn, ~'a~.t a restraining order.
avt.=u ult.? oy 1[, OU[ 1! srt~l] I~ sumclent to retulql cerdfled or ~oHl o^^i~
StlCn portions thereof as ma .................. ~. ..... ~,~
decision appealed from and s~l I~ vV~r~,~a~ ~mu magenta m snow me grounds o! the
take such ,.,,~.~ ...... ,, .......... ' - ¥ ~l~e evl¢lellce or appoint n comml~u~toller to
determination of the court s I~ m~d,, ~. ......... ~_r~'~,~g. po hich the
partly, or may modify the decision broueht u~ ~ ~v~ y amrm, wholly or
(20) Costs shall not be allowed nga]~t ~he°rr
board, unless it sl~ll
that it acted with gro~ negligence or in bad faith or with malice in ~ to the court
appealed from. the decision
(21) All issues in any.. proceedin~ u~.der this section slmll have Preference over all other
civil actions and proc ~e?..m.~s,. except where otherwise provided b)' gennrel law.
(22) In case any om:ams or structure ~s erected, con.m'ucted, reconm'ucted, altered,
re. paired, or converted; or uny bull_ding m. ucture or land is used in violation of ti~ act or
or proceeding to prevent such unlawful erection, construction,
repair, conversion, to restrain, correct or abate such violation, to prevent the occupanc)' of
said building, structure or land, or to prevent an)' Illegal act, conduct, bus,ness or use in or
about such premises.
(23) Said regulations shall be enforced by the division of building inspection which is
examined and to order in g ~o
Y ound to exist therein or
thereat in violation of any provision of the regulations made under authority of ~ or the
preceding parngraph. The owner or ~eneral ngeni of the building or premises where a
violation of any provision of bS~luidld~_~ul_a_tio~ has bee.a co .remitted or shall exist, or the
lessee or tenant of aa entire tmom~ or enure prermses where such violation has been
committed or shall exist, or the
b ............. owner, ~nnerni ngeni, lessee or teaser of anv ~ of the
uuum.S or .prenusus Ill which such violation has been CommHt'~ ^t, ~a[~ '.,~' .,,.
gan. e,rai, agent, architect, builder, confractor or nnv other ~-~'~, c'~m~'~ ~,~'~'-- ~L~"I
assists In any such violation or who maintains a~v bulldi~'~,-,-;;,---.',-''~''~ ~'-,-,-"!'i'-~ ~'~
~ ~ ,~a ~t,u~,~s~ m wmcll any SlICO
~o_lati.o.n~...shall exist slx.ali I~_ l~!l_l_ lty of a misdemeanor, punishable a fine of not less
aa..~u.~, nor more man $1000.00, Ill nny ~ Of the exis~en~ bofY a violation of any
provision or said reSulations the owner lessee.
, , tenant or agent slugl be subject to a civil
9
pe.a!~y o! fifty dollars. Any sucl~ per~., a WhO ImVin~ beea served with an order to remove
any su~ violation, shall fail to compty with said order within ten days after such servi,-o
or the said regulations in the respect named in
or shall continue to violate any pFovtsions
SU~.b OFder slmll also be subject to a civil penalty or two Imndred fifty dollars.
bY ~2.1. Autho~ty o! city council to impo~ civE penolti~s /or u~ong~ul demolition
histo~c buildings.
1. Notu~'thstanding the pmv~ion~ o/ any state law which authori~ civil penalties
the violation o/ a local zoning ordinance, the council o/ the City o/ Roanoke may adopt
an ordinance which establishes a civil penalty lot the demolition, ~z~ing or moving o/ a
building or structure without obtaining any re~lui~d demolition permit and certificate
appmp~ateness when such building or structure i~ located within any histo~c zoning
dist~ct o/ the city. The penalty esta~lisked by the o~linance shall b~ imposed on the party
deemed by the cou~t to bee responsible ~or the violation and shall not exceed twice the/air
market value o/ the buEding or structure, aa determined by the city real estate tax
a~essment at the time o/ the demali~'on.
2. An action seeking the in~poaith~n o~ such a penolty sh~ll he in~'tuted by petition
)Yled by the city in circuit cou~t, which shall be t~fed in the sam~ manner aa any action
at law. It shall he the bu~ien o/ the city to show the liability o~ the violator by a
preponderance o~ the evidence. An admission o~ liability or ~nding o/ liability shal~ not be
a c~fminal conviction ~or any p~. ~7~ ~ling o~ aay action pu~uant to this section
shall preclude a c~fminal pn~ecution ~or t~ ~ o~nae, except wke~ the demolition,
razing or moving has resulted in pe~onal
$. The d~endant, within twenty-on~ days ~ the #ling o/ the petition, may )~'le an
answer and, without admitting liability, ague to restore the building or structure as it
existad p~for to demolition. I~ the ~stoeation is con~l~ted within the time agreed upon by
the pa~ties, or aa establislu~l by the cou~t, the petition ~ be diamis~d )~om the court's
docket.
4. Nothing in thi~ section shall p~lude action by the ~oning administrator under
15.~91 (d) o/ the Code o~ Vi~inia or by the city und~ ~ ~5.~9 o~ the Code o/
Virginia, either by sepam~ action or aa a pa~t o~ the petition seeking a civE penalty.
2. That an emergency ~ and tl~ act is in force from its
~ ~ CO~, I'~STKJ
,~..~erk~ O:e ~c::se o, Dc'?~ate~
K~ of the Rolls of the Stata
President of the Senate
Approved:
Speaker o! me House of Delesates
Governor
MARY F. PARKER
City Clerk
CITY OF ROANOK
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
December 18, 1992
File #132
My. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am enclosing copy of Resolution No. 31286-121492 cancelling the regular meetings
of City Council scheduled for December 21 and December 28, 1992. Resolution No.
31286-121492 was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, December 14, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. Robert H. Bird, Municipal Auditor
Mr. Willard N. Claytor, Director of Real Estate Valuation
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
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 14th day of December, 1992.
No. 31286-121492.
VIRGINIA,
A RESOLUTION cancelling the regular meetings of City Council
scheduled for December 21 and 28, 1992.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
The regular meetings of City Council scheduled for
December 21 and 28, 1992, are hereby CANCELLED.
2. The City Clerk is directed to take appropriate action to
advise the public of the cancellation of such meetings.
ATTEST:
City Clerk.