HomeMy WebLinkAboutCouncil Actions 01-11-93WHITE
31297
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 11, 1993
7:30 p.m.
AGENDA FOR THE COUNCIL
Call to Order , Roll Call. nu l'resenc
The Invocation was delivered by The Reverend Richard McNutt,
Pastor, Melrose Avenue United Methodist Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Boy Scout Troop No. 7 from Our Lady of Nazareth Catholic
Church.
Presentation by the Mayor and Members of Council.
Presentation of plaques to members of the City Planning Commission's
Long Range Planning Subcommittee and Solid Waste Citizens' Advisory
Committee.
Presentation to the Mayor and Members of Council by the Roanoke
Valley Veterans Council.
Presentation of 100 new American Flags and Staffs.
PUBLIC HEARINGS
Public heating on the request of Billy F. Richards that a certain 12
foot alley running in a north-south direction between Official Tax
Nos. 4142631 and 4142630, and being perpendicular to Buena Vista
Boulevard, S. E., be permanently vacated, discontinued and closed.
Mr. Billy F. Richards, Spokesperson.
Adopted Ordinance No. 31297 on first reading. (7-0)
Public hearing on the request of John T. Davis, Jr., that a tract of land
located at 209 Ninth Street, N. W., identified as Official Tax No.
2112019, be rezoned from LM, Light Manufacturing District, to RM-
1, Residential Multi-family, Low Density District, subject to certain
conditions proffered by the petitioner. Mr. John T. Davis, Jr.,
Spokesperson.
Adopted Ordinance No. 31298 on first reading. (7-0)
Public hearing on the request of Mr. and Mrs. James L. Cross that a
672 foot section of Barns Avenue, N. W., extending in an easterly
direction from an existing barricade at Peters Creek Road, N. W., be
permanently vacated, discontinued and closed. Mrs. James L. Cross,
Spokesperson.
The public hearing was continued until the regular meeting of Council
on Monday, February 8, 1993, at 7:30 p.m., in order that ceOain
questions with regard to the airport boundary, fencing and
Commonwealth of Virginia right--of-way may be resolved.
Public hearing on the requests of the Terumah Foundation, Inc., and
OCLC Online Computer Library Center, Inc., for support of
designation of property to be exempted from taxation. Mr. W. Robert
Herbert, City Manager; and Mr. Wilburn C. Dibling, Jr., City
Attorney.
Adopted Resolution No. 31299-011193 denying the request of
Terumah Foundation, Inc., and Resolution No. 31300-011193 denying
the request of OCLC Online Computer Library Center, Inc. (7-0)
2
e
CONSENT AGENDA
C-1
C-2
C-3
(APPROVED 7-0)
ALL MATI'ERS 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.
Minutes of the special meeting of Council held on Wednesday,
September 9, 1992, and the regular meetings held on Monday, September 14,
and Monday, September 28, 1992.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
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.
RECOMMENDED ACTION: Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
A communication from Ms. Patti C. Hanes, Secretary, Board of Zoning
Appeals, transmitting an annual report of the Board for 1992.
RECOMMENDED ACTION: Receive and file.
3
C-4
C-5
C-6
Qualification of T. E. Roberts for a term of one year ending
December 31, 1993; L. Elwood Norris and Walter L. Wheaton for terms of
two years each, ending December 31, 1994; and Robert R. Copty and
Richard A. Rife for terms of three years each, ending December 31, 1995, as
members of the Board of Zoning Appeals.
RECOMMENDED ACTION: Receive and file.
Qualification of John P. Bradshaw, Jr., and Carolyn Hayes-Coles as
members of the City Planning Commission for terms of four years each,
ending December 31, 1996.
RECOMMENDED ACTION: Receive and file.
Qualification of Richard S. Winstead as a member of the Roanoke
Neighborhood Partnership Steering Committee for a term of three years
ending November 8, 1995.
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HF. ARING OF CITlZENS UPON PUBLIC MATEERS:
Request to address Council with regard to recommendations of the
Roanoke Valley Poverty Strategy Task Force relating to education,
employment, economic development, health, housing and special
populations. Mr. Cabell Brand, Spokesperson.
Received and filed.
Request to address Council with regard to educational funding.
Messrs. Mason Powell and Robert A. Young, Spokespersons.
Received and filed.
4
Co
Request to address Council with regard to installation of stop signs on
Carter Road, S. W. Mr. Jonathan M. Apgar, Spokesperson.
Mr. Apgar requested stops signs at the intersections of York, Avenel
and Laburnum Avenues, S. W., and specifically at the Avenel Avenue
intersection. The request was referred to the City Manager for report
at the regular meeting of Council to be held on Monday, February 8,
1993, at 7:30 p.m.
do
Request of the Historic Gainsboro Preservation District, Inc., to address
Council with regard to the proposed widening of Wells Avenue, N. E.,
and certain stated City goals for the Galnsboro community. Ms.
Evelyn D. Bethel, Spokesperson.
Received and filed.
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending appointment of a Community Policy
and Management Team to be named the Roanoke Interagency
Council.
Adopted Resolution No. 31301-011193. (7-0)
A report recommending implementation of provisions of Section
59.1-148.3 of the Code of Virginia, to apply to the Roanoke
City Police Department, in order to authorize transfer of service
weapons to certain retiring police officers.
Adopted Ordinance No. 31302-011193. (7-0)
5
A report recommending extension of pay benefits to an
employee of the Police Department who suffered job related
injuries.
Adopted Resolution No. 31303-011193. (7-0)
A report recommending execution of an agreement between
Roanoke At Home, a Virginia limited partnership, and Total
Action Against Poverty in Roanoke Valley, Inc., to provide for
transfer of five structures from TAP to the Partnership.
Adopted Resolution No. 31304-011193. (7-0)
A report recommending issuance of Change Order No. 4, in the
amount of $10,050.00, to the contract with Mattern and Craig,
Inc., for engineering services relating to the Statesman Industrial
Park Stormwater Management System Project; and appropriation
and transfer of funds in connection therewith.
Adopted Budget Ordinance No. 31305-011193 and Resolution
No. 31306-011193. (7-0)
A report recommending acceptance of the lowest responsible
bids submitted by J. W. Burress, Inc., in the amount of
$69,000.00, for one new street sweeper for use by the Grounds
Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller
for use by the Street Maintenance Department; and appropriation
of funds in connection therewith.
Adopted Budget Ordinance No. 31307-011193 and Resolution
No. 31308-011193. (7-0)
A report concurring in recommendations of the Emergency
Medical Services Advisory Committee, and recommending
certain actions to address the need for increased coordination
and continuity among agencies providing pre-hospital care.
6
Action was deferred until the regular meeting of Council on
Monday, January 25, 1993, and the matter was referred back to
the City Manager for further study and report to Council.
ACTING DIRECTOR OF FINANCE:
A report recommending transfer of funds to the City of Roanoke
Pension Plan in connection with a cost-of-living raise granted
to City retirees, pursuant to Ordinance No. 31005-051192
adopted on May 11, 1992.
Adopted Budget Ordinance No. 31309-011193. (6-1, Mayor
Bowers voted no.)
c. CITY ATTORNEY:
A report recommending that Council schedule a public heating
to consider an amendment to the City Charter which would
permit the School Board to establish a school opening date in
advance of Labor Day.
Concurred in the recommendation to hold a public hearing on
Monday, January 25, 1993.
2. A report with regard to animal control regulations.
Received and filed.
6. REPORTS OF COMMITTEES:
ao
A report of the committee appointed to tabulate bids received for the
asbestos abatement project at Carvins Cove Filter Plant, 8192 Angel
Lane, N. E., recommending award of a contract to Webster
Environmental, Inc., in the amount of $35,000.00. Council Member
William White, Sr., Chairperson.
Adopted Ordinance No. 31310-011193. (7-0)
7
UNFINISI4ED BUSINESS: None.
INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS: None.
OF
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
Inquiries and/or comments by the Mayor and Members of City
Council.
bo
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. OTHER HEARINGS OF CITIZF~NS: None.
CERTIFICATION OF EXECUTIVE SESSION. (7--0)
MARy F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 25, 1993
SANDIt, A H. EAKIN
~puty City Clerk
File #197
Mr. Steven D. Goodwin
Immediate Past President
Board of Directors
The Roanoke Valley Veterans Council
229 Christian Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Goodwin:
On behalf of the City of Roanoke, I would like to take this opportunity to express
sincere appreciation to the Roanoke Valley Veterans Council for donation of 100 new
American Flags and staffs to be used to replace older flags in the downtown Roanoke
area.
MFP:sm
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
CLTY CLE!i,S O?~LCE] .
The Roanoke Valley Veterans Council
January 6, 1993
Mary F. Parker
City Clerk
City of Roanoke
215 Church Ave., SW,
Roanoke, VA 24011
Room 456
Dear Ms. Parker:
This is to request that the Roanoke Valley Veterans Council be given
approximately 10 minutes of time on the January 11, 1993, Roanoke City
Council Agenda for the purpose of presenting to the City of Roanoke 100
new American flags and staffs.
The new flags will be used to replace some of the older flags used
for holiday placement on downtown city streets and to provide additional
coverage for the new poles around the Dominion Tower Building and the
expanded area of Elm Avenue at 581 and Community Hospital.
The Roanoke Valley Veterans Council has provided the flags and
holiday placement services to the City of Roanoke for over 25 years.
During that time, flags and staffs have been provided by numerous
Veteran, civic and community organizations. These latest 100 new flags
were purchased by a donation of $3,000.00 from the Steve Brody Flag
Fund. The fund is administered by Mr. Andrew Kaplan who worked with
Mr. Waynard Caldwell and Mr. Harvey Barker of the R.V.V.C. to provide
the new flags.
We would like to have the Mayor and Council recognize Mr. Kaplan,
Mr. Caldwell and Mr. Barker for their work with this project.
If we cannot have this issue placed on the agenda for Jan. 11, we
would request agenda time on the earliest evening meeting agenda.
If you need further information or have questions, please call me at
857-7473 (day) or 366-8090 (evening). Thank you for your consideration
of this request.
~ve/Goodwin
Board of Directors
Immediate Past President
Representing 28 Area V~erans Organizations
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
January 14, 1993
SANDRAH. EAKIN
Deputy City Clerk
File #79-169-137-215
Mr. Charles H. Osterhoudt, Attorney
Osterhoudt, Ferguson, Natt, Aheron
and Agee
P. O. Box 20068
Roanoke, Virginia 24018
Dear Mr. Osterhoudt:
I am enclosing copy of Resolution No. 31299-011193 refusing to support tax exemption
of property owned by Terumah Foundation, Inc., in the City of Roanoke used by it
exclusively for religious purposes on a non-profit basis. Resolution No. 31299-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
Sincerely, _
y . arker, CMC/AAE
City Clerk
MFP: sm
Eric.
pc:
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE,
The llth day of January, 1993.
No. 31299-011193.
VIRGINIA,
A RESOLUTION refusing to support tax exemption of property
owned by Terumah Foundation, Inc., in the City of Roanoke used b~
it exclusively for religious purposes on a non-profit basis.
WHEREAS, Terumah Foundation, Inc., (hereinafter "the
Applicant") has petitioned this Council for support for a bill to
be introduced at the 1993 Session of the General Assembly to exempt
certain property of the Applicant from taxation pursuant to Article
X, S6(a)(6) of the Constitution of Virginia;
WHEREAS, this Council has adopted Resolution Number 30884-
02182 establishing guidelines for non-profit organizations seeking
support of such requests for exemption, such guidelines include a
requirement that the organization file a petition for such support
at least sixty (60) days in advance of the first day of the next
session of the General Assembly;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on January 11, 1993;
WHEREAS, the provisions of subsection B of S30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
the Council; and
WHEREAS, after public hearing, this Council has determined
that the property for which exemption is sought is not currently
used by its owner for religious purposes as required by Article X
S6(a)(6) of the Constitution, that Applicant failed to comply with
Council's guidelines regarding support for exemption from taxation
and that granting the requested exemption from taxation is not in
the public interest.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council refuses to support a bill to be introduced at the
1993 Session of the General Assembly whereby Terumah Foundation,
Inc. (hereinafter "the Applicant"), a non-profit organization,
seeks to be classified and designated a religious organization
within the context of S6(a)(6) of Article X of the Constitution of
Virginia, and whereby property owned by the Applicant would be
exempt from State and local taxation.
2. The City Clerk is directed to forward an attested copy of
this Resolution
Applicant.
to Charles H. Osterhoudt, counsel for the
ATTEST:
City Clerk.
CITY
'93 J, ,N-d P4',!,9
Office of the City Manager
Jannuary 11, 1993
The Honorable David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
Subject:
Terumah Foundation;
Request for Support for Tax Exempt Status
There will be on Council's agenda for January 11, 1993 a report concerning
the above subject. You will recall that this was initiated by an appearance by
Mr. Charles H. Osterhoudt at Council's meeting on December 14, 1992 seeking
support for tax exempt status from the General Assembly of Virginia.
I am advised that the City is currently taxing a number of vacant parcels of
property owned by churches or church related organizations throughout the
City. Since these properties are not occupied by a religious sanctuary or
parsonage, they are not considered tax exempt. Therefore, to grant the request
from the Terumah Foundation would set a precedent for tax exemption on a
number of other City properties.
It is my understanding that if and when the Terumah Foundation constructs
a sanctuary or parsonage on the property which they have purchased on Grandin
Road, and the property is at that time owned by a church or synagogue, it would
then qualify for tax exemption.
If any member of City Council has questions concerning this matter, please
contact me.
Respectfully,
W. Robert Ilerbert
City Manager
WRH :WFC: pr
CC:
Mr. Wilburn C. Dibling, Jp., City Attorney
Mr. Jerome S. Howard, .Ir., Commissioner of Revenue
Room 364 Municipal BuNding 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333
Roanoke, Virginia
January 11, 1993
The Honorable David A. Bowers,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Mayor and Council Members:
Subject:
Terumah Foundation
Request for Support for Tax Exempt Status
I. Backqround:
Various non-profit orqanizations have from time-to-time
requested the City to support their requests to the
General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6(a)(6) of the
Constitution of Virginia.
City Council adopted Resolution No. 30884-021892
February 18, 1992, to establish guidelines for
organizations seeking City Council support for
exemption from taxation. (See Attachment I)
on
II. Current Situation:
The Terumah Foundation, through its attorney,
Charles H. Osterhoudt, appeared before City Council on
December 14, 1992, seeking support for tax exempt
status from the General Assembly of Virginia.
Stated purDose of this corporation is to raise
funds with which to build churches.
o
Property owned by Terumah includes
Grandin Road acquired November 26,
current assessed value of $98,000.
3.12 acres on
1991, with a
Internal Revenue Service has determined that
Terumah is exempt from federal income tax under
Section 501(a) of the Internal Revenue Code as a
501(c)(3) organization.
III. Issues:
A. Compliance with City policy.
B. Determination by Commissioner of Revenue.
C. Cost to the City.
Mayor and Council Members
Page 2
IV. Alternatives:
City Council deny the request of Terumah Foundation for
support of their request to the General Assembly to be
designated exempt from taxation pursuant to Article X,
Section 6(a)(6), of the Constitution of Virginia.
Compliance with City Policy. Terumah did not
provide the City Manager detailed answers to
certain questions set forth in Subsection B of
Section 30-19.04 of the Code of Virginia by
November 15, nor file a petition for tax exempt
status with the City at least 60 days in advance
of the next session of the General Assembly, both
as required by City Council Resolution
No. 30884-021892. The attorney for Terumah stated
he was not aware of this requirement and has
subsequently provided the requested information.
Determination by Commissioner of Revenue.
Mr. Jerome S. Howard, Jr., City Commissioner of
Revenue, has denied the request for Real Estate
Tax exemption. (See Attachment II)
Cost to the City would be nothing if the General
Assembly denies the request or $1~225 annually if
the General Assembly grants the request.
City Council grant the request of Terumah Foundation
for support of their request to the General Assembly to
be designated exempt from taxation pursuant to
Article X, Section 6(a)(6) of the Constitution of
Virginia.
Compliance with City Policy. Terumah has provided
all of the information required by Council
Resolution No. 30884-021892, although not
originally in the time limits set forth in the
resolution.
Determination by Commissioner of Revenue.
Mr. Jerome S. Howard, Jr., Commissioner of
Revenue, has opined that the property owned by the
Terumah Foundation would be subject to local real
estate taxation, even if granted exemption by the
Virginia General Assembly, if not exclusively
occupied by the foundation.
Mayor and Council Members
Page 3
Cost to the City. The property is currently
assessed at $98,000, resulting in real property
taxes of $1,225 annually. Terumah's attorney has
advised that the organization would agree to pay
to the City an annual service charge of twenty
percent (20%) of the real estate tax levy, or
$245. The net cost to the City would be $980.
V. Recommendation:
City Council concur in Alternative "A", thus denying the
request of Terumah Foundation for support of their request
to the Virginia General Assembly to be exempt from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution
of Virginia. The City is currently taxing other vacant
properties owned by churches, and Terumah Foundation could
re-apply at such time as a church is physically situated on
the property.
Respectfully,
W. Robert Herbert
City Manager
WRH:WFC:pr
Attachments
cc: Mr. Charles H. Osterhoudt, P.O. Box 20068, Roanoke, VA 24018
Mr. Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. William F. Clark, Director of Public Works
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of February, 1992.
No. 30884-021892.
A RESOLUTION establishing the policy of the City with respect
to supporting requests of certain non-profit organizations to
exempt certain property from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia.
WHEREAS, this Council from time to time, has been requested to
adopt a resolution in support of a non-profit organizations request
of the General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of
Virginia;
WHEREAS,
with respect to those organizations requests and
conditions under which Council will support
request for tax-exempt status;
WHEREAS, a written policy will assist Council in considering
whether an organization should be given Council's support of its
request for tax exempt status, and a written policy also will help
to insure that all similarly situated organizations are treated
uniformly;
this Council has not heretofore adopted any policy
the terms and
an organizations
1. That effective March 1, 1992, as a condition to receiving
a resolution from Council supporting its request of the General
Assembly to be designated exempt from taxation pursuant to Article
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
X, Section 6(a)(6) of the Constitution of Virginia, all
organizations must:
(a)
request a written determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Code of Virginia;
(b)
notify the City Clerk, in writing, of the
organization's intent to seek new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation;
(c)
agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the real property of the
organization, in the City of Roanoke, were the
organization not exempt from such taxation, for so
long as the organization's real property is
exempted from State and local taxation;
(d)
submit to the City Manager detailed answers to the
questions set forth in subsection B of S30-19.04 of
the Code of Virginia (1950), as amended, such
answers must be submitted no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly; and
(e)
file a petition for tax-exempt status with City
Council at least sixty (60) days in. advance of the
first day of the next session of the General
Assembly.
2. If the Council adopts a resolution supporting an
organization's request of the General Assembly, and the request is
granted:
(a)
the value of all exempted taxes shall be deducted
from any funding provided by the City to the
organization; and
(b)
the Commissioner of Revenue and the Office of Real
Estate Valuation will monitor the tax-exempt status
of the property through the use of:
(1) biennial application for tax-exemption;
and
(2) regular use compliance checks by the
Office of Real Estate Valuation.
ATTEST:
City Clerk.
ATTACHMENT II
CITY OF ROANOKE
IN'r~RDEPARTMENT CO~E~I CATI ON
DATE:
TO:
FROM:
SUBJECT:
December 14, 1992
William F. Clark, Director of Public Works
Jerome S. Howard, Jr., Commissioner of Revenue
Terumah Foundation - Request for Tax Exemption
Bill, Terumah Foundation owns a parcel of vacant land
which is on the City's taxable Real Estate roll. I have
denied their request for Real Estate tax exemption for two
reasons:
1. Vacant land does not qualify for tax exemption because
it does not meet the three prerequisites of statutory
exemption - ownership, occupation, and use by the
organization. All three must be met.
Teruman Foundation is not an organization described
within the provisions of section 58.1-3606 "Property
Exempt from Taxation by Classification" - Code of
Virginia organized prior to July 1, 1971.
Since the City is taxing other vacant parcels, owned by
churches, I do not think that the council should consider a
General Assembly resolution for tax exemption on this vacant
parcel at this time.
REUILB
TAX MAP NO:
OWNER NAME:
CO-OWNER ~
C/O NA~E:
MAIL ADDr~ P 0 BOX 257
CT/ST ~ ROAN[~<E, VA
OLD OWNER:
pROPERTY ADDR~ ELM AVE SW
X-REF NAME: TrS OF ST JOHNS PROTESTANT
TYPE OWNER: C
. CURRENT VALUATIC~WS *
LAND YALUE: 5~ · 5~
BLDG VALUE:
MISCELLANEOUS
LAST RECORDED DATE: /
LAST SALES PRICE:
LAND USE: 4~ NBRHD CODE:
COMMENTS
REAL ESTATE: LANDBOOK INQUIRY
102G513
TRS O~ ST JO~I~S PEOT EPI~ CHURCH
LEGAL DESCRIPTION
.SUPPLEMENT BILL EXISTS*
REUILB REAL ESTATE
TAX MAP NO: 27704(}1
OWNER NAME: TRS 0~ THE MAR~NATHA
CO-OWNER
C/O ~E:
~IL ADDR: 27~5 G~IDGE RD
CT/ST: ROAN~<E
OLD OWNER
P~PERTY A~ ~RSHBERGER ROAD
X-REF N~E~ TRS OF T~ M~ATHA
TY~ O~R: C
. CU~ENT V~TI~S
L~D V~: 2~,
BLDG VAL~:
MISCELLANEOUS
LAST RECORDED DATE: ~7/~/85
L~T S~ES ~I~:
L~D USE: ~ ~
COM~NTS
MB~-757 & 758
ZIP:
N S ELM AVE 114 FT E 1ST
0 S ST S W 76.5 FT
TRANSFER NO: 81-020797
TAX TICKET: 93-037311
24~2 EXEMPT CODE:
ANNUAL TAX I~JE: 706.24
************~*#***~ \
* FROZEN TAX DATA *
U~SlOVALLE:
~V~UE:
C~: rATE: ~ Yr:
~ Yr:
INFORMATION -
DEED B~< NO:
~ED ~OK PAGE:
~TE OF ~ED: / /
S~: - -
~TE OF L~T ~:
~ERATOR INITI~S:
L~4~DBO01< INQUIRY
ZIP:
rEMAP
LEGAL DESCRIPTION
LOT 1-B (2.475AC)
HERShBERGEr RD
TRANSFER NO: 8~--037032
TAX TICKEt: 93-~37312
EXEMPT CODE:
ANNUAL TAX DUE:
* FROZEN TAX DATA *
LAND VALUE:
BLDGVALUE:
CD: rATE: curr yr:
INFORMATION
DEED BO01< NO: 1523
DEED BOOI< P~;E: 0455
DATE OF DEED: 07/01/85
SSN:
DATE OF LAST CHAN~E: 10/03/90
OPErAtor INITIALS: SW
REUILB
TAX HAP NO: 2180305
OWNER NAME: TR~ FJ~l WE~EYAN C~
CO-OWNER:
C/O ~:
MAIL AD~: 4~2 ~SH~GER ~D NW
CT/ST: R~<E, VA
~D ~ER:
PROPERTY ~DR: 4811 HAZELRID~E R~D NW
X-~F ~: TRS EMMAN~ WESLEYAN C~RCH
T~E ~r: C
. C~NT V~UATI~S *
LAND V~: 9,~
M ~ SCEL L ANEOUS
LAST ~C~DED DATE: / /
LAST SALES PrI~:
L~D ~E: ~ NB~ CO~:
C~NTS
REAL ESTATE: LANDBOC~< INQUIRY REMAP
LEGAL DESCRIPTION
LOT 11-t2 SECT 2 BLI< 8
OAK~ALE
TRPSqSfER NO: 78-0038~4
TAX TICKET: 93-~3727c~
ZIP: 24012 EXEMCT CODE:
ANNUAL TAX DUE:
F~ZEN TAX DATA
LA~ V~:
BLDG VAL~:
RATE: CU~ YR:
~G yr:
~NFORMAt ~ ON
~ED ~Ol< NO:
~tE ~ DEED: / /
S~: - -
~TE Of LASt c~E: ~/~8/87
OPERATOR INITI~S:
ROANOKE TIMES & WORLD-NEWS
NUMBER - 123103131
PUBLISHER*S FEE $42°55
CITY (IF ROANOKE
C/O NARY F PARKER
CITY CLERKS OFFICE
~OOM ~56 MUNICIPAL ~LDG
ROANOKE VA 24011
'93 JANll P2:16
~T6TE DF VIRGINIA
;ITY GE ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
EPRESENT&TIvE OF THE TIMES-WORLD CDR'-
ORATION, WHICH CORPORATION IS PUBLISHER
tF THE ROANOKE TIMES & WORLD-NEWS9 A
AILY NEWSPAPER PUBLISHED IN ROANOKE9 IN
HE SLATE OF VIRGINIA~ DO CERTIFY THAT
HE ANNEXED NOTICE WAS PUBLISHED IN SAID
EWSPAPERS ON THE FOLLOWING DATES
01/05/93 MORNING
ITNESS,
T.~TH .DAY OF JANUARY 1993
.....
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of
Roanoke will hold a public hearing at its regular meeting to be
held on January 11, 1993, commencing at
Chambers, 4th Floor, Municipal Building,
Roanoke, Virginia, on the question of
pursuant to $30-19.04, Code of Virginia
requests by Terumah Foundation and OCLC,
7:30 p.m., in the Council
215 Church Avenue, S.W.,
adoption of resolutions
(1950), as amended, on
Online Computer Library
Center, Inc., for designation of property to be exempted from
taxation.
Citizens
shall
their opinions on said matter.
GIVEN under my hand this
have the opportunity to be heard and express
30th day of December, 1992.
Mary F. Parker, City Clerk
NOTE TO PUBLISHER:
Please publish once in the Roanoke Times & World News on
January 5, 1993.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2S41
SANDRA H. EAKIN
Deputy City Clerk
January 14, 1993
File #169-79-323 - I$'~
Mr. Rick J. Schwieterman
Vice President Finance and Treasurer
OCLC Online Computer Library Center, Inc.
6565 Frantz Road
Dublin, Ohio 43017-3395
Dear Mr. Schwieterman:
I am enclosing copy of Resolution No. 31300-011193 refusing to support tax exemption
of property owned by OCLC Online Computer Library Center, Inc., in the City of
Roanoke used by it exclusively for educational purposes on a non-profit basis.
Resolution No. 31300-011193 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc o
pc:
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. W. Robert Herbert, City Manager
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Ritchie, Director, Human Development
Ms. Beverly A. James, City Librarian
IN THE cOUNCIL OF THE CITY OF ROANOKE,
The llth day of January, 1993.
No. 31300-011193.
VIRGINIA,
A RESOLUTION refusing to support tax exemption of property
owned by OCLC Online Computer Library Center, Inc., in the City of
Roanoke used by it exclusively for educational purposes on a non-
profit basis.
WHEREAS, OCLC Online Computer Library Center, Inc.,
(hereinafter "the Applicant") has petitioned this Council for
support for a bill to be introduced at the 1993 Session of the
General Assembly to exempt certain property of the Applicant from
taxation pursuant to Article X,
Virginia;
WHEREAS, this Council has
S6(a)(6) of the Constitution of
adopted Resolution Number 30884-
02182 establishing guidelines for non-profit organizations seeking
support of such requests for exemption, such guidelines include a
requirement that the organization file a petition for support at
least sixty (60) days in advance of the first day of the next
session of the General Assembly;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on January 11, 1993;
WHEREAS, the provisions of subsection B of 930-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
this Council; and
WHEREAS, after public hearing, this Council has determined
that Applicant failed to comply with Council's guidelines for
exemption from taxation and that the requested exemption from
taxation is not in the public interest.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council refuses to support a bill to be introduced at the
1993 Session of the General Assembly whereby OCLC Online Computer
Library Center, Inc., (hereinafter "the Applicant"), a non-profit
organization, seeks to be classified and designated an educational
organization within the context of S6(a)(6) of Article X of the
Constitution of Virginia, and whereby property owned by the
Applicant would be exempt from State and local taxation.
2. The City Clerk is directed to forward an attested copy of
this Resolution to Rick O. Schwieterman, Vice President Finance and
Treasurer for the Applicant.
ATTEST:
City Clerk.
January 11, 1993
Roanoke, Virginia
The Honorable David A. Bowers, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: OCLC Online Computer Library Center, Inc.
Request for Support for Tax Exempt Status
I. BACKGROUND
Non-Profit orqanizations have previously requested the
City to support their requests to the General Assembly
to be designated exempt from taxation pursuant to
Article X, Section 6(a) (6) of the Constitution of
Virginia.
City Council adopted Resolution Number 30884-021892 on
February 18, 1992, to establish guidelines for
organizations seeking support for exemption from
taxation. See Attachment I.
The City Library has online computer access to the
databases of thousands of libraries across the United
States.
1. Access provides direct interface for downloading
information into the City Library's local
database.
Access allows the City Library to borrow materials
from thousands of libraries.
The City has been receiving the above services through
membership in the reqional network~ SOLINET since
December 1989.
The City has a contractual arrangement with
SOLINET.
During FY 1992, the City paid SOLINET $15~807.45
for contractual services.
SOLINET'S parent orqanization is OCLC Online Computer
Library Center~ Inc. OCLC is a nonprofit information
network founded for the support of libraries in the
research and development of the electronic storaqe~
exchange and maintenance of data.
II.
CURRENT SITUATION
A. OCLC Online Computer Library Center, Inc. submitted a
petition to Roanoke City Council on December 5~ 1992,
seeking support for tax exempt status from the General
Assembly of Virginia.
1. OCLC owns equipment in the City of Roanoke which
is currently subject to personal property taxes
(Account No. 2-310734115). The personal
property consists of modems located at library
sites plus equipment located at the site of its
telecommunication supplies.
III. ISSUES
o
In 1992, OCLC paid a total of $2,199.55 in
personal property taxes to the City.
The Internal Revenue Service has determined that
OCLC is exempt from federal income tax under
Section (a) of the Internal Revenue Code as a 501
(c) (3) organization.
Most of OCLC's equipment in Virqinia is located in
Roanoke. OCLC has not applied for exemption in
any other Virginia locality.
A. Compliance with City Policy.
B. Settinq Precedence.
C. Cost To The City.
D. Determination by Commissioner of Revenue.
IV. ALTERNATIVES
ao
City Council deny the request of OCLC Online Computer
Library Center, Inc. for Council support of their
request to the General Assembly to be designated exempt
from taxation pursuant to Article X, Section 6(a) (6),
of the Constitution of Virginia.
Compliance with City Policy. OCLC did not file
the petition for tax exempt status with the city
at least 60 days in advance of the next session of
the General Assembly as required by the City
Council resolution. Sixty days would have been
November 16, 1992, and OCLC's petition was dated
November 17, 1992 and received in the City Clerk's
office on November 20, 1992.
2. Settinq Precedence. Setting precedence. Setting
precedence would not be an issue.
3. Cost To The City. OCLC currently does not own
real property. Items 1 (b) and (c) of City
Council Resolution No. 30884-021892 would not
apply. A small increase in costs could occur for
all localities who use the system if the General
Assembly does not approve the request.
4. Determination By Commissioner of Revenue. Mr.
Jerome Howard, Jr., Commissioner of Reve~Lue, has
opined that the stated purpose and activities of
OCLC do not conform to the nature of those
nonprofit organizations qualifying for exemption
under the Virginia Exemption by Classification
Statute. (See Attachment II)
City Council grant the request of OCLC Online Computer
Library Center, inc. for support of their request to
the General Assembly to be designated exempt from
taxation pursuant to Article X, Section 6(a) (6) of the
Constitution of Virginia.
1. Compliance with City Policy. OCLC did not file
the petition for tax exempt status with the city
at least 60 days in advance of the next session of
the General Assembly as required by City Council
resolution.
Settinq Precedence. Granting this request may set
precedence for other non-community based
organizations who have personal property in the
community to seek tax-exemption.
Cost To The City. Supporting OCLC's request would
not immediately impact funding. OCLC paid
$2,199.55 in personal property taxes in 1992. If
the General Assembly approved the request for tax
exempt status, revenue from personal property
taxes would be impacted and a small decrease in
costs to all localities who use the services may
occur.
Determination By Commissioner of Revenue. Mr.
Jerome S. Howard, Jr., Commissioner of Revenue,
has opined that the stated purpose and activities
of OCLC do not conform to the nature of those
nonprofit organizations qualifying for exemption
under the Virginia Exemption by Classification
Statute.
RECOMMENDATION
A. City Council concur in Alternative "A" denying the
request of OCLC Online Computer Library Center, Inc.
for support of their request to the Virginia General
Asse~ly to be exempt from taxation pursuant to Article
X, Section 6(a) (6) of the Constitution of Virginia.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/JDR/DSN: gr
Attachments
cc:
Mr. Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. James D. Ritchie, Director of Human Development
Ms. Beverly James, City Librarian
Mr. Rick J. Schwieterman, OCLC, 6565 Frantz Road, Dublin,
43017-3395
OH
ATTACHMENT I
IN THE cOUNCIL FOR THE CITY OF ROANOKE,
The 18th ~a¥ of Pebzuary, 1992.
No. 30884-021892.
VIRGINIA,
A RESOLUTION establishing the policy of the City with respect
to supporting requests of certain non-profit organizations to
exempt certain property from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia.
WHEREAS, this Council from time to time, has been requested to
adopt a resolution in support of a non-profit organizations request
of the General Assembly
pursuant to Article X,
Vlrginia~
WHEREAS,
with respect
to be designated exempt from taxation
Section 6(a)(6) of the Constitution of
this Council has not heretofore
to those organizations requests and
adopted any policy
the terms and
organizations
conditions under which Council will support an
request for tax-exempt status;
WHEREAS, a written policy will assist Council in cQnsiderinc
whether an organization should be given Council's support of its
request for tax exempt status, and a written policy also will help
to insure that &ll similarly situated organizations are treated
uniformly~
THEREFORE, BE IT RESOLVED
Roanoke as
1. That effective March 1, 1992, as a condition to receiving
a resolution from Council. supporting its request of the General
Assembly to be designated exempt from taxation pursuant to Article
X, Section 6(a)($) of the Constitution of Virginia, all
organizations must:
(a)
request a written determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Code of Vlrginia~
(b) notify the City Clerk, in writing, of the
organization's intent to seek new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation)
(c) agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the real property of the
organization, in the City of Roanoke, were the
organization not exempt from such taxation, for so
long as the organization's real property is
exempted from State and local taxation)
(d) submit to the City Manager detailed answers to the
questions set forth in subsection B of S30-19.04 of
the Code of Virginia (1950), as amended, such
answers must be submitted no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly) and
(e) file a petition for tax-exempt status with City
Council at least sixty (60) days in advance of the
first day of the next session of the General
Assembly.
2. If the Council adopts a resolution supporting
an
organization's request of the General Assembly, and the request is
granted:
(b)
the value of all exempted taxes shall be deducted
from any funding provided by the City to the
organization~ and
the Commissioner of Revenue and the Office of Real
Estate Valuation will monitor the tax-exempt status
of the property-through the use
(1) biennial application for tax-exemption;
and
(2) regular use compliance checks by the
Office of Real Estate Valuation.
ATTEST:
City Clerk.
February 12, 1992
ATTACHMENT I I
Mr. John M. Shary, Vice President - Finance
Online Computer Library Center, Inc.
6565 Frantz Road
Dublin, OH 43017-0702
Dear Mr. Shar¥:
In Virginia, non profit organizations may qualify for
exemption from local Real and Personal Property taxation
under the exemption by classification statute. The Virginia
Exemption by Classifications Statute enumerates certain
types of non profit organizations such as churches,
religious bodies, public libraries, hospitals, lodges,
museums, benevolent and charitable organizations organized
exclusively for charitable, benevolent, religious,
educational, literary, scientific purposes for the benefit
of the community or the general public at large. Exemption
from Federal Income Tax, under section 501(c)(3) of the
Internal Revenue Code, does not automatically exempt
non-profit organizations from local Real and Personal
Property taxes in Virginia, since such organizations must be
of the nature of the organizational types enumerated under
the virginia Exemption by Classification Statute.
Annotations from cases before the Virginia Supreme
Court clearly state that "the rule in Virginia is that
exemption of property from taxation shall be strictly
construed and, under this rule, exemption from taxation is
the exception and where there is any doubt, the doubt is
resolved against the one claiming exemption". Thus, "the
general policy of the State is to tax all property, and
exemption is the exception."
The documents submitted, with your request for
exemption from the City of Roanoke Tangible Personal
Property Tax describes an organization that provides
specialized services and products exclusively to member
libraries who are in turn charged for such services and
products in a similar manner as an organization for profit to
produce funding of the organization rather that relying on
funding revenue from membership dues and/or tax deductible
contributions from the general public. In my opinion, the
stated purpose and activities of OCLC do not conform to the
nature of those non profit organizations qualifying for
exemption under the Virginia Exemption by Classification
Statute.
with Best Regards, I am,
Jerome $. Howard, Jr.,
Commissioner of The Revenue
JHS/elo
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
Roanoke, Virgin/a 24011-1594
Telephone: (703) 981-2444
January ll, 1993
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,
'-~'~vid A. Bowers Mayor
DAB: se
£:ITY r, :': -,,,
'93 J N-5 P3:49
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE: January 5, 1993
TO: W. Robert Herbert, City Manager
FROM:
Patti C. Hanes, Secretary
Board of Zoning Appeals
SUBJECT: Annual Report
For your information, I am attaching a copy of the
1992 Annual Report for the Board of Zoning Appeals.
Copies are also being sent to members of City
Council.
The Board approved this report on January 5, 1993.
PH
Attachment
BOARD OF ZONING APPEALS
ROANOKE, VIRGINIA
ANNUAL REPORT
1992
The Annual Report for the Board of Zoning Appeals for
the year 1992 is submitted herewith.
PERSONNEL OF BOARD
The following served as members of the Board:
Mr. L. Elwood Norris, Chairman
Mr. T. E. Roberts, Vice Chairman
Mr. W. L. Wheaton
Mr. Richard A. Rife
Mr. Robert R. Copty
MEETINGS AND PUBLIC HEARINGK
The Board held thirteen meetings during the year for the
purpose of conducting business of the Board and holding
public hearings to decide appeals from the decision of the
Zoning Administrator and applications for special exceptions
and variances.
Ninety three (93) applications were filed with the Board
during the year.
In accordance with State law, public hearings were
advertised in a local newspaper once a week for two
consecutive weeks not less than six days nor more than
twenty-one days prior to the public hearing date. Notices of
public hearings were sent by first-class mail to owners of
all abutting properties and properties immediately across the
street or road from any property in question.
ATTENDANCE RECORDS FOR BOARD MEMBR~
MEMBERS MEETINGS ATTENDED MEETINGS ABSENT
L. Elwood Norris 11 2
T. E. Roberts 13 0
W. L. Wheaton 11 2
Richard A. Rife 13 0
Robert R. Copty 13 0
DISPOSITION OF APPEALS
Variances granted ............................... 50
Variances denied ................................ 8
Variances Withdrawn ............................. 1
Variances Pending ............................... 1
Special Exceptions Granted ...................... 30
Special Exceptions Denied ....................... 0
Special Exceptions Withdrawn .................... 5
Special Exceptions Pending ...................... 1
Interpretation of Sections of Zoning Code ....... 1
Total number of Appeals 97
APPEALS TO COURT OF RECORD
ADpeal No. 32-91-A - This appeal is still pending in the
Court system.
Roanoke Mental Health Services, Inc. for a special exception
to permit a group home, with a variance to allow 24 persons
in lieu of the permitted 8 persons at 1919 Andrews Road, N.W.
Respectfully submitted,
Patti C. Hanes
Secretary
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room ~56
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #15-51-110
Mr. L. Elwood Norris, Chairperson
Board of Zoning Appeals
3818 Park Lane, S. W.
Roanoke, Vir~/nia 24015
Dear Mr. Norris:
This is to advise you that T. E. Roberts has qualified for a term of one year ending
December 31, 1993; L. Elwood Norris and Walter L. Wheaton have qualified for terms
of two years each, ending December 31, 1994; and Robert R. Copty and Richard A.
Rife have qualified for terms of three years each, ending December 31, 1995, as
members of the Board of Zoning Appeals.
Sincerely, ?O.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
pc: Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals
...... ~:~ ?pr Offi
A~r~ cena
Oath or tio~
S~ate o~ Vi~, Ci~ o~ Roa~e, ~ .~:
~. E. Robarts ., do solemnly swear (or ~m) ~t
w~ sup~ ~e Constitution of the Unlt~ States, and the Constitution of ~e S~te of Virginia, and ~at
w~l faithfully and impa~ially discharge and perfom all the duties incumbent u~n me as
member of the Board of Zoning Appeals, for a one year term ending December 31, 1993.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this
0-2
RECEiVeD
Oath or Afflrrfi6 r O of Offlce
8tare of Virginia, City of Roanoke,
'~3 JAN-5
I, L, Elwood Norris
P3:16
. do ~lemnly swear (or affirm) that
I wil support he Constitution of the United States, and the Constitution of the State of V~g~ia, andthat
I will ~ithfuHy and impa~ially discharge and pefform all the duties incumbent upon me a~
a member of the Board of Zoning Appeals, for a term of two years ending December 31,
1994.
according to the best of my ability.
Subscribed and sworn to before me, this
So help me God.
C ,
0-2
RECEI~EO
Oath or TTIrmcmon 01'-Office
Statz o] Virginia, Ci~ o] Roanoke, ~o
I, Walter L. Wheaton
'~3 JAN-5 P3:16
_, do solemnly swear (or affim) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
a member of the Board of Zon±ng Appeals, for a term of two years ending December 31,
1994.
according to the best of my ability.
Subscribed and sworn to before ~ne, this
Clerk
0-2
Oaf t or Aff rma 7ort O ., Jtl' ce
8f, a~ of Firginia, C,i~l of Roanoke, ~o .wit:
I, Robert R. Copty
'93 J~I~-5 P3:17
, do solemnly swear (or tutti.m) t~mt
I will suppo~ the Constitution of the United States, and the Constitution of the Sta~ M Virginia, and th&t
I wHl ~ithfuHy and impa~ially discharge and pefform aH the duties incumbent upon me as
a member of the Board of Zoning Appeals, for a term of three years ending December 31,
1995.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this ~)
0-2
Oath or ^tt 'rt ation oT Office
'93 ~5 73:~7
S~at~ o~ Virginia. Oit~l o~ Roanoke, to .wit:
R±chard A. R±fe , do solemnly swear (or affirm) that
! will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
a member of the Board of Zon±ng Appea±s, for a term of three years end±rig December 31,
1995.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this ~
Clerk
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
January 14, 1993
SANDRAH. EAKIN
I~putyCityClcrk
File #15-110-200
Mr. Charles A. Price, Jr.
Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
This is to advise you that John P. Bradshaw, Jr., and Carolyn Hayes-Coles have
qualified as members of the City Planning Commission for terms of four years each,
ending December 31, 1996.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
pc:
Mr. John R. Marlies, Agent, City Planning Commission
Ms. Martha p. Franklin, Secretary, City Planning Commission
Oath or Affirmation ~yOff~c~'s~c~u~' ?~-,c~
93 Jt~t4-6 ·
8ta~ off Virginia, Oit~/ o] Roanoke, ~o .~olt:
I, John P. Bradshaw, Jr.
, do solemnly swear (or atrlrm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me aa
a member of the City Plann±ng Commiss±on, for a term of four years ending December 31,
1996.
Subscribed and sworn to before me, this day of ~ d ~/
Clerk
0-2
Oafh or ',TTl mCl?lO'fi'r if Office
st,t. ol vi~ai,a~, city oI noa~oke, to.se '93 3gN -5 g9:41
I, Carolyn Hayes-Coles . do solemnly swear (or affirm) that
I will suppo~ the Constitution of the United States, and the Constitution of the S~te of Virginia, and that
I w~ faithfully and impa~ially discharge and pefform all the duties incumbent upon me as
a member of the City Planning Commission, for a term of four years ending
December 31, 1996.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this ~'~ day of ~"~-~-~.,h.~-~-"// / 9~
MARY F. PAI~KF~I~
City Cierk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAK1N
Deputy City Clerk
January 14, 1993
File #15-110-488
Mr. Charles W. Hancock, Chairperson
Roanoke Neighborhood Partnership
Steering Committee
1016 Estates Road, S. E.
Roanoke, Virginia 24014
Dear Mr. Hancock:
This is to advise you that Richard S. Winstead has qualified as a member of the
Roanoke Neighborhood Partnership Steering Committee, for a term of three years
ending November 8, 1995.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
pc: Ms. Stophanio F. Cicero, Roanoke Neighborhood Partnership Coordinator
0-2
F~CE
., t~ll'¥ CL
Oath or Affirmation of
'93
Sta~ of Vi~i~,a, Oit~ of Roanoke,
I, Richard S. Winstead . do solemnly swear (or ~fllrm)
·fill support the Constitution of the United States, and the Constitution of the State of Virginia, ~nd that
w~l fmithfully and impartially discharge and perform all the duties incumbent upon me a~
member of the Roanoke Neighborhood Partnership Steering Committee, for a term
of three years ending November 8, 1995.
according to the best of my ability. So help me God.~
Subscribed and sworn to before ~ne, this 7~ C--~erk
Overview of Recommendations in the
Report of the Poverty Strategy Task Force
Related to the Roanoke City Council
presented by
E. Cabell Brand
January 11, 1993
Over the past 27 years, TAP has developed into the premier
community-action agency in Virginia and one of the best in the
country. Part of our success is due to the generous support we have
received from the local governments in the area, especially the
Roanoke City Council. We have also experienced a significant
increase in community support. Individual contributions and
donations totalled approximately $220,000 during the last fiscal
year.
But as the video clearly demonstrates, the Poverty Strategy
Task Force found that our best efforts have not yet satisfied all the
needs in our community. We remain committed to continuing to
extend a hand up to those in need, and as we all struggle to achieve
Post Office Box 2868
Roanoke, Virginia 24001-2868
(703) 345-6781
Fax (703) 345-4461
lasting economic recovery, your support and continued funding for
our programs is as important as ever.
From its broad examination of the effects of poverty in our
area, the Task Force presented 176 specific recommendations in the
report mailed to you last August. This evening, I ask for your
attention to just seven areas.
Funding for Employment Training Programs
Annual federal funding for the Fifth District Employment
Training Consortium has decreased from $12 million in 1978 to about
$1.5 million today. As a result, job training necessary to secure
steady employment that pays a living wage can be provided to only
about 1,000 of an eligible population of 10,000.
In 1989, all of the Private Industry Councils throughout
Virginia joined in requesting $I0 million of State funds for expanding
local employment training programs. This request was not included
in the budget, and to this day, the Commonwealth of Virginia
contributes no money to employment training for the poor. We urge
you to join us in asking that federally funded programs be returned
to their 1978 levels and that Virginia begin adding State funds to
assist in this area.
Four-year Degree Program in Roanoke
Roanoke is the heart of the largest metropolitan area in
Virginia without a public four-year college or university. It is
imperative that the people of our community, and especially the
disadvantaged, have easy access to the broadest range of education
and training. The Task Force report suggests that the Mayor and City
Council of Roanoke join the Roanoke County Board of Supervisors and
the Mayor and City Council of Salem in convening a special study
commission to investigate and promote the location of a four-year
baccalaureate degree-granting institution in the Roanoke Valley.
Greater Economic Development Cooperation Between Localitie,~
To say that recent events have underscored the need for
economic development and job creation is certainly an
understatement. The synergy necessary to maximize the potential
for bringing new industry and jobs to the Valley can only be
achieved through greater economic development cooperation
between localities. All local governments must fully fund and
support the marketing efforts of the Roanoke Valley Economic
Development Partnership and should encourage the full participation
of representatives from business, labor, and education.
Staff of local government economic development teams should
meet on a monthly basis with staff of the Roanoke Valley Economic
Development Partnership to examine how they can create greater
synergy of mission and effort to increase the number of good-paying
jobs for area residents. And local governments should support the
Chamber of Commerce's efforts to develop a small business incubator
program.
Our own economic development efforts at TAP have included
the supermarket at 19th and Melrose and the Henry Street Music
Center. The Music center is poised to complement the City's major
economic development project, the Hotel Roanoke. You are to be
commended for your commitment to the creation of a significant
number of jobs through both the renovation and the operation of the
hotel. In addition, we applaud the City Manager's sensitivity to the
concerns of the Gainsboro neighborhood. We trust that the City will
not forget that the sacrifices demanded of the Gainsboro residents
create an obligation to promote neighborhood preservation and
development in this area.
State Earned Income Tax Credit
The federal earned income tax credit is one positive incentive
to keep lower-wage employees in the work force. By 1995, families
will be able to receive as much as $2000. While the additional
money is certainly welcome in these families' budgets, more
supplements are needed to raise income enough to fight poverty
effectively.
The General Assembly will soon be considering legislation
carried over from last year to establish a Virginia Earned Income Tax
Credit of 20 percent of the federal EITC. Separate bills were
introduced in the House of Delegates by Delegate C. Richard Cranwell
and in the Senate by Senator Joseph V. Gartlan, Jr. We recommend
that the Roanoke City Council and other local governing bodies
endorse passage of this legislation this year to effect an immediate
improvement in the finances of our most needy citizens.
Comprehensive Health Investment Project (CHIP)
Since 1988, CHIP has created an unprecedented opportunity for
health care providers, social services resources, and parents to work
together to improve the health and social well-being of Iow-income
children. Many of the more than 1300 children served to date have
developed their first relationships with a primary care family doctor
who knows them and their special needs and problems.
But in most localities, the project has only been able to provide
these comprehensive services to a fraction of the children who need
them. Our goal is to expand coverage to 2,500 of the eligible 5,000
children during 1993 and enroll all 5,000 eligible children by the end
of 1994. We encourage all other area local governments to follow the
commendable example of the City of Salem in creating a line item in
its budget to provide CHIP care for all eligible children in that
jurisdiction.
Substance Abuse Prevention
Through the work of the Drug Strategy Task Force, The
Roanoke City Manager and the human resources director have
provided a comprehensive approach to attacking substance abuse
problems from prevention, enforcement, and treatment perspectives.
We support the recommendations issued by that Task Force in
December of 1989 and suggest that it call a public hearing to
examine the status of those recommendations and to update the
recommendations and service needs identified.
Homelessness
In 1987, another City Manager's Task Force issued a report
entitled, "No Place to Call Home: A Study of Housing and
Homelessness in Roanoke, Virginia." One of the report's
recommendations led to the opening of TAP's Transitional Living
Center (TLC). The TLC goes far beyond the traditional services
provided by emergency shelters for the homeless and allows
residents to stay for up to 24 months if they are making progress
toward self-sufficiency.
Although the TLC facility can accommodate 70 to 75 persons,
current funding levels force us to accept only 45 to 50. We ask for
your support for an increase in both State and local funding to allow
us to operate the TLC at full capacity.
Thank you very much for your consideration of these
recommendations. The TAP staff will be happy to provide any
further explanation or background information you might require.
Education
Employment
Health
Housing and
Homelessness
NeigMmrhoods
Economic
Development
Crime Prevention
Cabeil Brand
President
Georgia Meadows
Elizabeth Bowles
John Berry
Sarah Bostic
PauBne Brower
Ehnore Dennis
Ted Fe[nour
John Fishwick
Jeanne Goddard
Charles T. Green
Mar flyn Greene
Calvin Johnson
A. C. Jordan
Hilda Larson
Gertrude Logan
Dorothy Mendeahall
Rosa Miller
Meredith L. Mills
Paul Moyer
Lewis Nelson
Sally Ramey
James E. Reynolds
Leonard Rose, Jr.
Paul St. Clair
L[nda Scruggs
William Skeen
Elizabeth Stokes
George Taylor
Flor[ne Thornhtil
W. D. Ward
George Warren
Nancy Williams
Post Office Box 2868
Roanoke, Virginia
24001-2868
(7031545-6781
Fax (703] 545-4461
December 2, 1992
The Honorable David A. Bowers
Mayor
City of Roanoke
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Mayor Bowers:
I am writing to ask that a representative from the Roanoke
Valley Poverty Strategy Task Force be permitted to speak to your
City Council during one of your upcoming meetings.
You may recall that in the summer of 1991 the Roanoke Times &
World-News published a series on poverty in the Roanoke Valley.
These articles prompted local community leaders, together with TAP,
to form a 37-person citizens Task Force to develop short- and long-term
solutions to critical problems facing the poor. Our efforts spanned
almost a year and included five public hearings, several in-depth
interviews, and a number of working sessions. The result was a report
on the topics of Education, Employment and Economic Development,
Health, Housing, and Special Populations.
The Task Force has now formed an Action Council of eight members
to present its recommendations to the public. The report includes 176
specific suggestions -- at least a few of which your organization might
consider helping to implement.
Any one of our eight members would be happy to arrange a 15- to 30-
minute presentation to your group. Please call Juanda Robinson at 345-
6781 if you would like to arrange a presentation or if you have any
questions before arranging a presentation.
Roberta A. Bondurant
Chairperson, Action Council
Poverty Strategy Task Force
ADDRESS TO CITY COUNCIL, JANUARY 11, 1993
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:
The last time I spoke with you, t described the salary inequities in the Roanoke City School system.
School board employees have been victims of fancy mathematical footwork that left most of us out in the
cold last year. The actions of City Council and the School Board have indicated that our educational system
is not worth adequate financial attention or respect by the leaders of this city.
The federal government is rapidly withdrawing educational funding and Governor W'dder is
demanding that state funding for education shrink drastically. Although he has not funded teacher raises in
over two years, Wilder has arrogantly declared that teachers are not worthy of raises this year, because we
have been lucky enough to convince our localities to pick up some of the slack. We appreciate the fact that
you helped us to some extent, but during the last twelve years, Roanoke City teachers have plummeted from
first to last place locally in salaries. Some of us have plunged in salary from 17th in the state to 72nd. When
does Roanoke plan to commit to her fa/r share?
In the midst of economic recovery throughout this nation, we are told we will be extremely
fortunate to receive a one-to-two percent raise for next year, although our administrative and school board
leaders agree that we should receive almost ten percent! We are acutely aware of the economic suffering
currently plaguing the Roanoke Valley, and we empathize with those who are being laid ot~ They are our
neighbors, our friends, our families, the parents of our students! Echtcators have been acutely suffering as
long as I can remember. We are entrusted with the most precious commodity this valley has, yet there is no
adequate planning time, grading time, or potty time. We are not paid a fair wage on which to survive. We
are not able to focus our entire attention and energy on our chosen careers because we must work second
and third jobs to support ourselves and our families!
We recognize the necessity to fund programs, but we are only too aware of the hundreds of
thousands of dollars wasted on educational boondoggles that serve an elite few, or that exist merely to
look good in print or on resumes. Yon need to demand that the School Board look carefully at the programs
which it is funding. Some programs, like technical education, are shamefully underfunded; while others are
a wasteful financial embarrassment. It is your duty toyo#r constituents to have these examined closely!
It's time the current City Council started making things right for all of its employees. My peers and
I are sick and tired of coming to government bodies each year on bended knee to beg for ~r ~~. We
are still reeling from the betrayal of last year's salary inequities, tVe deserve better! We expect you to
understand and to respect what has happened to our salaries during the last twelve years! We expect you to
show the leadershO~..to ask for, and ~, demand adequate educational employee raises for next year.
DO NOT expect world class education from people who are treated like second-class citizens and
who are paid ~! And do not expect us to go gentle into that dark night. For the
childrens' sake, we can't afford to...
ROANOKE CITY COUNCIL January 11, 1993
As I see this school budget:
It has added money for the "Gifted",
It has added money for "Alternative Ed",
It has funds in categories that could be converted to raises for higher level
administrators after you approve the budget without those raises.
It does not have a way for you to see what you are voting on.
It does not have any suggestion of a salary increase for anyone working directly
with your children.
From an individual view:
I am in my 28th year of teaching with your system ... and a former student.
I hate to beg for myself and others.., especially in public.
I have missed less than a dozen days in 28 years.
I have lost over 100 unused sick leave days.
I make less than people with similar years in Wise, Norton, Salem, Roanoke
County, Montgomery, and on, and on, m~d on.
I make less to spend in this valley and/or save for retirement.
My retirement is based on my salary, again affecting my spending ability for the
rest of my life and on the economy of this valley.
I understand "tight budgets",
I understand "shortfalls",
I have them at my house!
You must come to understand that my retirement is as important to me as yours
is to you!
The Hotel Roanoke project, the jail welfare, street improvements all must be
addressed, but.., unless you keep the teachers salaries and benefits competitive,
you won't get the best, and... Your children will be cheated, and without good
education, You w'rll be responsible for a down turn in Roanoke that no hotel,
convention center, or welfare check can fix.
By the way - have you compared the cost of keeping a prisoner or issuing welfare
payments compared to a good education for your young citizens.
Robert A. Young
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
January 14, 1993
File #20-66
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a petition signed by residents of Carter Road and Laburnum
Avenue, S. W., with regard to installation of stop signs at the intersections of York,
Avenel and Laburnum Avenues, S. W., and specifically at the Avenel Avenue
intersection, which petition was before the Council of the City of Roanoke at a
regular meeting held on Monday, January 11, 1993.
On motion, duly seconded and unanimously adopted, the matter was referred to you
for report at the regular meeting of Council to be held on Monday, February 8, 1993,
at 7:30 p.m.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc: Mr. Jonathan M. Apgar, 2319 Carter Road, S. W., Roanoke, Virginia 24015
Ms. Nannette Berling, 2205 Carter Road, S. W., Roanoke, Virginia 24015
Mary F. Parker
City Clerk
Room 456
Municipal Building
215 Church Ave. SW
Roanoke, VA 24011
'92 18 I 10:32
To the Honorable Mayor and Members of City Council:
The residents of Carter Road, SW would like to address Council on
January 11, 1993, regarding the installation of stop signs on our
street. Our spokesperson will be Mr. Jonathan Apgar.
N~annet te B'orl ing~
2205 Carter Road
Roanoke, VA 24015
(703) 343-2724
xc: Mr. John Apgar
We, the undersigned residents of Carter Road, assert that our
street is being used improperly as an arterial street, resulting
in excessive traffic which often exceeds the 25 mph speed limit.
The volume and speeding of cars which use Carter Road as a "cut-
through" from Brandon Avenue to Grandin Road pose a serious
safety hazard to the children living on this street. Complaints
to the Police Department resulting in use of radar enforcement
offered only temporary results. We believe the only permanent
solution is to post stop signs at all intersections along Carter
Road from Grandin Road to Brandon Avenue. We hereby petition the
City to erect these stop signs and insure the safety and well
being of the residents on Carter Road.
Name
Address
~ L~,voo~ ~lkp-49ef~ ,2.~o6 C4~,~'re,~
We, the undersigned residents of Carter Road, assert that our
street is being used improperly as an arterial street, resulting
in excessive traffic which often exceeds the 25 mph speed limit.
The volume and speeding of cars which use Carter Road as a "cut-
through" from Brandon Avenue to Grandin Road pose a serious
safety hazard to the children living on this street. Complaints
to the Police Department resulting in use of radar enforcement
offered only temporary results. We believe the only permanent
solution is to post stop signs at all intersections along Carter
Road from Grandin Road to Brandon Avenue. We hereby petition the
city to erect these stop signs and insure the safety and well
being of the residents on Carter Road.
Signature
Name
/
Address
We, the u~dersign~d residents of Carter Road, assert that our
street is being used improperly as an arterial street, resulting
in excessive traffic which often exceeds the 25 mph speed limit.
The volume and speeding of cars which use Carter Road as a "cut-
through" from Brandon Avenue to Grandin Road pose a serious
safety hazard to the children living on this street. Complaints
to the Police Department resulting in use of radar enforcement
offered only temporary results. We believe the only permanent
solution is to post stop signs at all intersections along Carter
Road from Grandin Road to Brandon Avenue. We hereby petition the
City to erect these stop signs and insure the safety and well
being of the residents on Carter Road.
Signature
Name
L lvan
Address
We, the undersigned residents of Carter Road, assert that our
street is being used improperly as an arterial street, resulting
in excessive traffic which often exceeds the 25 mph speed limit.
The volume and speeding of cars which use Carter Road as a "cut-
through" from Brandon Avenue to Grandin Road pose a serious
safety hazard to the children living on this street. Complaints
to the Police Department resulting in use of radar enforcement
offered only temporary results. We believe the only permanent
solution is to post stop signs at all intersections along Carter
Road from Grandin Road to Brandon Avenue. We hereby petition the
City to erect these stop signs and insure the safety and well
being of the residents on Carter Road.
Historic Gainsboro Preservation District ~,~[cz w ~
35 Patton Avenue North East C?TY'~r ~:~'~-':'~ C~
Roanoke, Virginia 24016
(703) 342-0728 '92 1~£C 23 P12 :30
Evelyn Davis Bethel, President
Helen E. Davis, Secretary
George H. R. Heller, Vice President Margie L. Walton, Treasurer
December 23. 1992
Mrs. Mary Parker
Clerk, Roanoke City
Mnnicipal Building, Roo~n 426
215 Church Avenue, SW
Roanoke, VA 24011
Dear Mrs. Parker:
Subject: Request to be placed on City Cotmcil Agenda, Monday, Jan 11, 1993
It is respectfiflly requested that this organization be placed on the agenda for the
City Council meeting schednled for Monday, January 11, 1993 at 7:30 PM at City
Council Chambers.
Our brief presentation concerns Historic Gainsboro with questions about the
proposed Wells Avenue widening and stated City goals for the Gainsboro community.
This action is necessary because we were not afforded fifll opportunity of/for
expression at the "special hearing" held on Wednesday, December 16, 1992 at the
Roanoke Civic Center.
Copy:
Beveridge & Dimnond, PC
NAACP, Roanoke Chapter
The Peoples Voter's League
Sincerely yours,
l-H- ¢3
The HGPD Coalition submits the following questions for written responses:
~.1. Why was the letter dated Dec 14, 1992 from John R. Kern, Ph.D., Director of the
Roanoke Regional Preservation Ofice, VA Dept of Historic Resources, not read into
the record at the Dec 16th meeting?
,. 2. Why do City officials normally use such vague terms as "Gainsboro "
eaders
"coaltion"and "leaders from Gainsboro" and generally refuse to identify the groups
of the coalition with whom the City has been 'negotiating'?
3. Why do City officials fail to list the specific representatives from both the
community and city involved in such sessions?
4. Why have City off cials refused to prepare one (or more) 3-dimentional model(s)
so all persons can see what two (2) four-lane (4) highways in the heart of this
community will do to the City of Roanoke?
5. What is the geographical boundary (north, south, east, west) of the area City
officials refer to when they say "Gainsboro"?
6. What do jobs and job training, etc. have to do with the widening of Wells
Avenue?
7. Was the official historic designation requested by HGPD, Inc. refused or is the
official designation being held hostage for.the Wells ~.venu,.e..W, idening? Do you
know how long the raequest has been pending before L4[y omc~a~s? When will the
request be approved.
8. What does the Henry Street dream have to do with the widening of Wells
Avenue?
9. What are the "promised" improvemenis to Gainsboro Branch Library? When
were they requested and by whom? ·
10. What do improvements to this Library have to do with the widening of Wells
Avenue?
11. Do you know how long the City has had a petition pendin before ~t for h~
d.e..slgn, a?on for the Gainsboro Branch Librar,,? w~,~, ,,,,,, ~_ .... ~ . 'sto.ric
· ' ~,. ,,,,,u,, ml~ ~lppfL)Val De g von for
omc~a~ designation of the Gainsboro Branch Library as a Historic Landmark?
12. What have a professional park and "promised" chances for jobs have to do
with the widening of Wells Avenue? Who has requested such a park and when was
the request first made? '
13. Has each proposal for such a park,, Henry Street and . u[ure church
,,exp,,ans~on been before the ,Plan,.ning Commission for action? If "yes", when? If,
no how can such proposals De a~scussed at this level?
14. Has the City of Roanoke been contracting with employers who do not abide by
the Equal Employment Opportunity laws or gu delines?
· 1. Why did City officials hold a press conference announcing that some
groups had accepted the proposed Wells Avenue road project, based upon
certain promises, at a church instead of at City Hall? How many City press
conferences, within the past three years, have ever been held in a church?
Don't you think this is mixing government and religion when they should
remain separated?
2. Have Roanoke City officials started, or only continued, the procedure of
"buying" acceptance for its roadways? Who are the sellers .
3. Why did City officials decide to have only a location "hearing" for the
Wells Avenue widen ng/alignment?
4. When and why did City officials first become aware that citizens do not
want a widened/realigned Wells Avenue?
5. hy, d~d,n t ~ty Council permit members of the audience to ask questions
of City ~ia'ls about the recommendation for Wells Avenue widening at the
Dec 16th meeting ("hearing")?
6. Why did not one Council member have a question for either City officials
or persons who spoke?
7. Had members of the City Council, individually and/or collectively, decided
its vote before the Dec 16th "hearing" (special meeting)?
8. By offering such "promises", apparently in exchange for acceptance of the
roads, is the City of Roanoke indicating it was not concerned about
Gainsboro before the roads?
9. If the roads had not been proposed what would the City been "doing" to
help the residents of Gainsboro? Do you know what the group of four would
have been doing for the Gainsboro community and/or what have they done
for Gainsboro?
10. Who conceived such notions contained in the "promises" and why? Was
it the group of four collectively or individually and why did the City concede?
11. What is the procedure for filing an appeal to the City Council's "decision"
made Dec 16th pertaining to the widening of Wells Avenue?
12. Did City officials ever consider making the proposed Wells Avenue
widening a three (3) lane highway? If "yes" when and why was the proposal
changed to four-lane (4) highway?
13. When did City officials first notify First Baptist Church, Gainsboro
Neighborhood Development Corporation, Southwest Virginia Community
Development Fund and Total Action Against Poverty of plans for four-lane (4)
highways on both Wells Avenue and 2nd St/Gainsboro Road? What were the
alignments dicussed and what were the responses of each organization?
14. How much longer and louder will HGPD Coalition have to request official
historical designation and state that this small community cannot, and should not be
expected to have two (2) four-lane (4) highways through ~ts heart?
15. When will there be full disclosure to the public of all contemplated and
proposed development which will eliminate Gainsboro (D-Day Memorial;
expansion of St. Andrew's Catholic Church {athletic field for Patton and
Gilmer Aves, NE, etc.}; businesses (Hill Studio, Scheme III)?
16. Why does the Hotel Roanoke project have an impact on the widening of
Wells Avenue? Are ho[el developers ruling our City and demanding
concessions by the City for a riskly business plan which taxpayers will fund?
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
January 14, 1993
File #72-110-137-304-467
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31301-011193 providing for establishment of
a Community Policy and Management Team for the City of Roanoke, pursuant to the
Comprehensive Services Act for At-Risk Youth and Families; appointing the
membership of such team; providing for the powers and duties of the team; and
designating legal counsel and a fiscal agent, effective January 1, 1993. Resolution
No. 31301-011193 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Ene.
po:
Dr. Fred P. Roessel, Executive Director, Mental Health Services of the
Roanoke Valley, 301 Elm Avenue, S. W., Roanoke, Virginia 24016
Mr. John Pendarvis, Executive Director, Family Service of Roanoke Valley,
3208 Hershberger Road, N. W., Roanoke, Virginia 24017
Ms. Margarite Smith, 34 - 15th Street, S. W., Apt. A, Roanoke, Virginia
24016
Ms. Frances S. Dickerson, Project Focus Coordinator, Roanoke City Schools,
40 Douglass Avenue, N. W., Roanoke, Virginia 24012
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Ritchie, Director, Human Development
Ms. Corinne B. Gott, Manager, Social Services
Mr. W. Robert Herbert
January 14, 1993
Page 2
pc:
Dr. Donald R. Stern, Director, Health Department
Dr. Frank P. Tota, Superintendent of Schools
Ms. Marie T. Pontius, Grants Monitoring Administrator
Ms.. Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Court
Mr. Glenn D. Radcliffe, Acting Director of Court Services
Ms. Sandra H. Eakin, Deputy City Clerk
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The llth day of January, 1993.
No. 31301-011193.
A RESOLUTION providing for the establishment of a community
policy and management team for the City of Roanoke pursuant to the
Comprehensive Services Act for At-Risk Youth and Families;
appointing the membership of such team; providing for the powers
and duties of such team; designating legal counsel and a fiscal
agent; and providing for an effective date.
WHEREAS, the Comprehensive Services Act for At-Risk Youth and
Families, enacted by the 1992 Session of the General Assembly,
requires each city of the Commonwealth to establish a community
policy and management team in order to receive funds pursuant to
such Act; and
WHEREAS, it is the intention of this Council to establish the
required team and appoint its membership by this resolution;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. A community policy and management team for the City, as
required by the Comprehensive Services Act for At-Risk Youth and
Families enacted by the 1992 Session of the General Assembly, is
hereby established for the City of Roanoke. Such team shall be
known as the Roanoke Interagency Council ("Council").
2. Ex-officio members of the Council shall include:
Director, 23-A Court Services Unit
Director, Roanoke City Health Department
Director, Mental Health Division of Mental
Health Services of Roanoke Valley
Director, Special Services, Roanoke City
Schools
Superintendent, Department of Social Services
Director, Human Development.
In addition, membership of the Council shall include John
Pendarvis, Executive Director, Family Service of Roanoke Valley, as
representative of a private organization or association of
providers of children's or family services, and Ms. Margarite Smith
as parent representative.
3. The Director of Finance of the City of Roanoke shall
serve as fiscal agent for the Council.
4. The City Attorney of the City of Roanoke shall serve as
general counsel and legal advisor to the Council.
5. The Council shall manage the cooperative effort within
the City to better serve the needs of troubled and at-risk youths
and their families and to maximize the use of State and community
resources. To accomplish this purpose, the Council shall have the
powers, duties and responsibilities set forth in S2.1-752, Code of
Virginia (1950), as amended.
6. Pursuant to S2.1-751, Code of Virginia (1950), as
amended, persons who serve on the Council shall be immune from any
civil liability for decisions made about the appropriate services
for a family or the proper placement or treatment of a child that
comes before the Council, unless it shall be proven that such
person acted with malicious intent. Persons serving on the Council
who do not represent a public agency shall file a statement of
economic interests as set out in S2.1-639.15 of the State and Local
Government Conflict of Interests Act .(S2.1-639.1 e__t seq.).
7. This resolution shall be retroactive to January 1, 1993.
ATTEST:
City Clerk.
Roanoke, Virginia
January 11, 199~
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Appointment of the Roanoke Interagency Council
I. BACKGROUND:
The 1992 General Assembly enacted the Comprehensive
Services Act for At-Risk Youth and Families. The Act
mandates that services for at-risk youth and their
families are to be community-based and community-managed
with maximum flexibility.
B. Thus, Section 2.1-759 of the Act established a State
Trust Fund effective January 1, 1993. The General
Assembly appropriated $3,400,000 for the Trust Fund for
fiscal year 1993-94. Proposals for Trust Fund monies can
be made only by Community Policy and Management Teams.
The purposes of the Trust Fund are to develop:
Early intervention services for young children at
risk of developing emotional or behavior problems
or both, due to environmental, physical, or
psychological stress, and their families, and
Community services for trouble youths who have
emotional or behavioral problems, or both, and who
can appropriately and effectively be served in the
home or community, or both, and their families.
The Comprehensive Services Act also established,
effective July 1, 1993, a State pool of funds to be
expended for public or private non-residential or
residential services for troubled youths and families.
Initially, nine categorical agency funds will be
consolidated into one pool of funds. State pool funds
will be allocated only to Community Policy and Management
Teams. Projected state Funds available to Roanoke City
for FY 1993-94 are $1,866.837.
Accessing the aforementioned funds is critical to the
effective and expedient delivery of services to Roanoke
City at-risk youth. The consolidation of agency funding
streams into a single pool encourages viewing children as
a family and community responsibility, not an agency
responsibility. Communities accessing the State Funds
Pool will have greater flexibility in the use of these
funds to purchase residential or non-residential services
for individual or multiple children based on their
individual needs. The pool creates a system of care that
is child-centered, family-focused, and community-based.
II. Current Situation:
In order to implement the above referenced Act by January
1~ 1993 it is appropriate to establish a structure now
under which the participating agencies can operate.
Council action will be necessary to formally create this
structure in accordance with the language contained in
House Bill No. 935 passed by the 1992 session of the
General Assembly of Virginia.
B. Section 2.1-751 of the Comprehensive Services Act
mandates that the Community Policy and Management Team be
appointed by the local governing body and "shall include,
at a minimum, the local agency heads or their designees
of the following community agencies: community services
board established pursuant to §37.1-195, juvenile court
services unit, department of health, department of social
services and the local school division. These persons
shall be authorized to make policy and funding decisions
for their agency. The team shall also include a
representative of a private organization or association
of providers for children's or family services and
a parent representative who is not an employee of any
public or private program which serves children and
families."
The local governing body may appoint other members to the
team including, but not limited to, a local government
official, a local law-enforcement official and
representatives of other public agencies.
Persons serving on the team shall be immune from civil
liability for decisions made about the appropriate
services for a family or the proper placement or
treatment of a child who comes before a team, unless it
is proven that such person acted with malicious intent.
Section 2.1-752 establishes the powers and duties of the
Community Policy and Management Team. It specifies those
policies and procedures that will have to be developed
within the coming year to govern the conduct of the Team
and the provision of services to children and families in
the City of Roanoke:
Develop interagency policies and procedures to
govern the provision of services to children and
families in the City of Roanoke;
Develop interagency fiscal policies governing
access to the state pool of funds by the eligible
populations including immediate access to funds for
emergency services and shelter care;
Coordinate long-range, community-wide planning
which ensures the development of resources and
services needed by children and families in the
City of Roanoke:
Establish policies governing referrals and reviews
of children and families to the family assessment
and planning teams and a process to review the
teams' recommendations and requests for funding;
Establish quality assurance and accountability
procedures for program utilization and funds
management;
Establish procedures for obtaining bids on the
development of new services;
Manage funds in the interagency budget allocated to
the community from the state pool of funds, the
trust fund, and any other source;
Authorize and monitor the expenditure of funds by
each family assessment and planning team;
Have authority to submit grant proposals which
benefit the City of Roanoke to the state trust fund
and to enter into contracts for the provision or
operation of services upon approval of the
participating governing bodies, and
10.
Serve as the City of Roanoke's liaison to the state
management team, reporting on its programmatic and
fiscal operations and on its recommendations for
improving the service system, including
consideration of realignment of geographical
boundaries for providing human services.
Roanoke City Currently serves as a state demonstration
site for the Council on Community Services for Youth and
Families. Demonstration sites were mandated to have a
Community Policy and Management Team which parallels in
membership and powers and duties that being mandated by
the Comprehensive Services Act. The Roanoke Interagency
Consortium is the aforementioned team.
III. Issues:
A. Timing.
B. Fundinq.
IV. Alternatives:
ae
City Council adopt a resolution appointinq a Community
Policy and Management Team, to be named the Roanoke
Interagency Consortium, with by-laws approved as to form
by the City Attorney who serves as legal representative,
and authorize the Team to perform the duties and powers
established in the Comprehensive Services Act for AT-Risk
Youth and Families. The City of Roanoke will serve as
the fiscal agent with designation of audit
responsibility. The City Attorney will serve as legal
representative. Membership shall include, but is not
limited to, the following persons or their designee:
5.
6.
7.
Director of the 23-A Court Services Unit
Director, Roanoke City Health Department
Director, Mental Health Division of Mental Health
Services of the Roanoke Valley
Director of Special Services, Roanoke City Schools
Superintendent, Department of Social Services
Director of Human Development
Mr. John Pendarvis, Executive Director, Family
Service of Roanoke Valley
Ms. Margarite Smith, Parent Representative
Timinq is essential in that the development of
a collaborative interagency proposal must
being immediately. The Team needs time to
establish policies and procedures to meet
State Certification to receive monies from the
State Funds Pool which will be accessed July
1, 1993.
Fundinq to the City from the Trust Fund could
be up to an additional $300,000 from January
1, 1993 - June 30, 1994. These are new monies
to the City of Roanoke to develop services for
Roanoke City's at-risk youth. Projected State
Funds Pool for Roanoke City for FY 93-94 are
$1,866,837 which are monies to be used for the
same target population.
City Council not adopt a resolution recognizing the need
to appoint a Community Policy and Management Team who
could access potential State Trust Funds and State Funds
Pool, and who would be authorized to make police and
funding decision for their agencies.
1. Timinq would not be an issue.
2 o
Fundinq for child-centered, family-focused,
community-based services for Roanoke City's at-risk
youth would be limited due to lack of funds.
V. Recommendation:
It is recommended that City Council adopt Alternative A
thereby adopting a resolution appointing a Community Policy
and Management Team, to be named the Roanoke Interagency
Council, and authorizing the Team to perform the duties and
powers established in the Comprehensive Services Act for At-
Risk Youth and Families.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/FD:gr
cc:
Wilburn C. Dibling, City Attorney
James D. Grisso, Acting Director of Finance
James D. Ritchie, Director of Human Development
Corinne B. Gott, Superintendent of Social Services
Glenn D. Radcliffe, Acting Director of Court Services
Dr. Fred Roessel, Executive Director
Mental Health Services of the Roanoke Valley
Donald R. Stern, M.D., M.P.H., Director
Roanoke City Health Department
Dr. Frank P. Tota, Superintendent, Roanoke City Schools
Marie Pontius, Grants Monitoring Administrator
BY- LA~S
ROANOKE INTERAGENCY CONSORTIUH
ARTICLE 1 - NAME
The name of this Consortium shall be the Roanoke Interagency
Consortium, hereinafter referred to as the "Consortium".
ARTICLE II - PURPOSE
The purpose of this Consortium shall be to create, maintain and
manage a collaborative system of services and funding that is
child-centered, family focused and community-based when
addressing the strengths and needs of troubled and at-risk youth
and their families.
ARTICLE III - MEMBERSHIP
Section 1. Conditions and standards relating to membership are
determined by state law and by local ordinance enacted in
accordance with state law, which provide as follows:
a) The membership of the Consortium shall consist of ten (10)
persons, approved and appointed by the City Council of
the City of Roanoke. In its appointments, the City
Council shall include the Director of Human Development, the
local agency heads (or their designees) of the local Community
Services Board, the Juvenile Court Services Unit, the Department
of Health, the Department of Social Services, and the Roanoke
City Schools. In addition, the Consortium shall include one
parent , who is not an employee of any public or private program
which serves children and families, and one representative of a
private organization or association of providers for childrens'
or family services.
b) A member of the Consortium shall be appointed for a term of
two years from the first day of July of the year of the
appointment except for the Director of Human Resources and the
agency heads or their designees as outlined above.
c) Vacancies shall be filled for the unexpired terms in the same
manner as the original appointment.
d) Any member of the Consortium may be removed by the Roanoke
City Council for cause after being given a written statement of
the causes and an opportunity to be heard thereon. In regard to
attendance, failure of a member to attend fifty percent (%50) of
the regularly scheduled meetings of the Consortium held within
any calendar year shall automatically constitute cause for
removal; provided, however that the same requirements of notice
and opportunity for hearing shall apply. In the case of an
agency representative, their immediate supervisor, Board, and
when necessary, the State Management Team will be notified to to
assure the prescribed representation on the Consortium.
Section 2. Any person serving on the Consortium who does not
represent a public agency shall file a statement of economic
interests as set out in 2.1-639.15 of the state and local
government Conflict of Interest Act. Persons representing public
agencies shall file such statements if required to do so pursuant
to the state and local governments Conflict of Interest Acts.
ARTICLE IV - POWERS AND DUTIES
The Consortium, as an agent of the City of Roanoke, and as a
creation of state law, having been mandated by the General
Assembly, shall .be subject to the state and local laws and
regulations established to regulate its functioning, and shall
have the general powers and duties of a Community Policy and
Management Team as outlined in Title 2.1, Chapter 46, Sections
'751 through 756 of the Code of Virginia. The powers and duties
are:
a) to develop interagency policies and procedures to govern the
provison of services to children and families in its community;
b) to develop interagency fiscal policies governing access to
the state pool of funds by the eligible populations including
immediate access to funds for emergency services and shelter
care;
c) to coordinate long range, community wide planning which
ensures the development of resources and services needed by
children and families in its community;
d) to establish policies governing referrals and reviews of
children and families to the family assessment and planning teams
and a process to review the teams' recommendations and requests
for funding;
e) to establish quality assurance and accountability procedures
for program utilization and funds management;
f) to establish procedures for obtaining bids on the development
of new services;
.g) to manage funds in the interagency budget allocated to the
community from the state pool of funds, the trust fund, and any
other source;
h) to authorize and monitor the expenditure of funds by each
family assessment and planning team;
i) tO have authority to submit grant proposals for the benefit
of its community to the state trust fund and to enter into
contracts for the provision or operation of services, and;
J) to serve as its community's liaison to the State Management
Team, reporting on its programmatic and fiscal operations and on
its recommendations for improving the service system.
ARTICLE V - OFFICERS OF THE CONSORTIUM AND THEIR DUTIES
Section 1. The officers of the Consortium shall be a Chairman,
Vice-Chairman, and Secretary/Treasurer. The Director of Human
Development will be the standing Chairman of the Consortium. The
Vice-Chairman and the Secretary/Treasurer will be elected by the
Consortium and serve at the pleasure of the Consortium.
Section 2. The duties of the Chairman shall be:
a) to preside at all meetings of the Consortium and Executive
Committee;
b). to appoint committees necessary for operation of the
Consortium;
c) to supervise the work of the Coordinator of the Consortium;
d) to perform any other duties determined by the Consortium,
and;
e) to keep the State Management Team and the City Council of the
City of Roanoke informed of the activities of the Consortium.
Section 3. The Vice-Chairman shall, in the absence of the
Chairman, perform the duties of the Chairman and any other duties
assigned by the Consortium.
Section 4. The Secretary/Treasurer shall assure that accurate
records of all meetings of the Board and Executive Committee are
maintained. The Secretary/Treasurer shall assure that notices of
meetings of the Board and Executive Committee are distributed and
shall perform other duties as requested by the Consortium. In
the absence of the Chairman and Vice-Chairman, the
Secretary/Treasurer shall preside at meetings. The
Secretary/Treasurer shall also review, evaluate and report on all
fiscal, service and evaluation reports.
ARTICLE VI - NOMINATIONS. EL~CTION~ AND TERMS OF OFFICE
Section 1. The Consortium shall elect its Vice-Chairman and
Secretary/Treasurer at the last meeting held in the fiscal year.
Section 2. The term of office shall be for one (1) year. No
elected officers may serve more than two consecutive terms in the
same office. The election shall be by ballot if there is more
than one nominee for the same office. A quorum must be present
and voting in order to constitute an election.
Section 3. Any vacancy occurring among the officers shall be
filled by the Consortium.
ARTICLE VII - MEETINGS
Section 1. Regular monthly meetings shall be held at a time to
be determined by the Consortium.
Section 2. Special meetings of the Consortium may be called by
the Chairman or upon written request of three members.
Section 3. The quorum for all consortium meetings shall be fifty
percent (%50) of its members including the officers.
Section 4. The Executive Committee shall meet at the discretion
of the Chairman.
Section 5. The quorum for all Executive Committee meetings shall
be a majority of the committee.
ARTICLE VIII - EXECUTIVE COMMITTEE
Section 1. The Chairman and elected officers shall constitute
the Executive Committee of which the Chairman and the
Secretary/Treasurer shall be, respectively, Chairman and
Secretary.
Section 2. It shall be the duty of this Committee to conduct the
necessary business between meetings of the Consortium. Ail
action is to be ratified at the next regular meeting of the
Consortium.
ARTICLE IX - STANDING COMMITTEES
There shall be the following standing committees which shall have
duties as specified in the Policies and Procedures Manual of the
Consortium:
a) Budaet and Finance: This committee shall oversee the
preparation and revision of budgets and the management of funds
in the interagency budget allocated to the Cqnsortium.
b) Review and Evaluation: This committee shall regularly review
programs either operated directly by the Consortium or through
contractual agreements to insure the adequacy of services,
conformation to goals and objectives of the Consortium, and to
assure that community needs of troubled youth and their families
are being met.
c) Planninq Committee: This committee shall develop long-range
plans in cooperation with the State Management Team and other
agencies where appropriate. This committee shall identify unmet
needs and develop strategies to address them.
d) By-Laws Committee: This commmittee shall review the By-Laws
at least annually to assure their effectiveness within the
context of the Consortium's mission.
e) Personne~ Committee: This committee, in conjunction with the
Chairman of the Consortiom, shall complete the performance
evaluation on the position of Consortium Coordinator.
ARTICLE X
Roberts' Rules o__f Order, Newly Revised shall be used as a guide
in conducting Consortium business. Ail issues of parliamentary
procedure shall be referred to the Chairman or to the Officer
presiding in the absence of the Chairman, where decisions shall
be final and binding.
ARTICLE XI
The terms and provisions of these By-Laws which are within the
control and discretion of this Consortium may be amended at any
regular meeting of the Consortium by a two-thirds vote of those
present and voting, notice of any proposed amendment having been
submitted to all members in writing and received by them two
weeks prior to the meeting. Those terms and provisions which are
mandated by state or local laws or regulations and are beyond the
control and descretion of the Consortium shall automatically be
altered as such laws or regulations are modified by the
appropriate authority.
Adopted at a regular meeting of the Consortium held on October
21, 1992 by a unanimous vote.
Chairman
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THECITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #5-24-212
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31302-011193 amending the Code of the City of
Roanoke (1979), as amended, by the addition of a new section 23-6, Purchase of
hand~.,uns by certntn police officers .0. r their survivorS, to Article I, In General, or'
Chapter 23, Police, Code of the City of Roanoke (1979), as amended, said new
section authorizing the purchase of service handguns by certain police officers or
their survivors under certain circumstances. Ordinance No. 31302-011193 was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday
January 11, 1993.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016,
Salem, Virginia 24153
The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main
Street, Salem, Virg~aia 24153
The Honorable Roy B. Wfllett, Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Diane M. Strickland, Judge, Circuit Court
The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic
Relations District Court
The Honorable philip Trompeter, Judge, Juvenile and Domestic Relations
District Court
Mr. W. Robert Herbert
January 14, 1993
Page 2
The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations
District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court
The Honorable~ulian H. Raney, Jr., Judge, General District Court
The Honorable Richard C. Pattisal, Judge, General District Court
The Honorable Donald S. Caldweli, Commonwealth's Attorney
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court
Mr. Ronald Albright, Clerk, General District Court
Mr. Bobby D. Casey, Office of the Magistrate
Ms. Clayne M. Calhoun, Law Librarian
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, Police Chief
Mr. Raymond F. Leven, Public Defen¢ler, Suite 4B, Southwest Virginia
Building, Roanoke, Virginia 24011
Mr. Robert L. Laslie, Vice President - Supl~lements, Municil~al Code
Corporation, P. O. Box 2235, Tallahassee, Flotilla 32504
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The llth day of January, 1993.
No. 31302-011193.
AN ORDINANCE amending the Code of the City of Roanoke (1979),
as amended, by the addition of a new S23-6, Purchase of handquns by
certain police officers or their survivors, to Article I, I__~n
General, of Chapter 23, Police, Code of the City of Roanoke (1979),
as amended, such new section authorizing the purchase of service
handguns by certain police officers or their survivors under
certain circumstances; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Article I, In General, of Chapter 23, Police, Code of the
City of Roanoke (1979), as amended, shall be amended by the
addition of the following new S23-6, Purchase of handquns by
certain police officers or their survivors, which shall read and
provide as follows:
~23-6. Purchase of handguns by certain police officers
or their survivors
(a) Any full-time sworn police officer who retires
after at least twenty (20) years of service or pursuant
to an occupational disability under S22.1-48 or ~22.1-66
of this Code shall be permitted to purchase the service
handgun issued to him by the police department at a price
of one dollar ($1.00) for the weapon.
(b) Any full-time sworn police officer who retires
with ten (10) or more years of service, but less than
twenty (20) years, shall be permitted to purchase the
service handgun issued to him by the police department at
a price equivalent to the weapon's fair market value on
the date of the officer's retirement. Any full-time
sworn police officer who retires pursuant to a non-
occupational disability under S22.1-47 or S22.1-65 of
this Code shall be permitted to purchase the service
handgun issued to him by the police department at a price
equivalent to the weapon's fair market value on the date
of the officer's retirement. Determination of fair
market value shall be made by reference to a recognized
pricing guide.
(c) The immediate survivor of any full-time sworn police
officer (1) who is killed in the line of duty or (2) who
dies in service and has at least twenty (20) years of
service shall be permitted to purchase the handgun issued
to the officer by the police department at a price of one
dollar ($1.00).
2. This ordinance shall apply to the immediate survivor of
any sworn police officer killed in the line of duty on or after
January 1, 1992, a~d to any full-time sworn police officer who
retires during Fiscal Year 1992-1993 and who otherwise meets the
eligibility requirements established by this ordinance.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
'93 3[Ng -6 P ~ ;50
Roanoke, Virginia
January 11, 1993
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Purchase of Handguns by Retiring Police Officers
A. Vireinia General Assembly passed state legislation in 1989, Sec. 59.1-148.3,
Code of Virginia, which allows local police departments to allow full-time sworn
police officers who retire after at least twenty years of service or who have an
occupational disability retirement allowance pursuant to Sec. 22.1-48 or Sec.
22.1-66 of the City Code, to purchase the service handgun issued to him by the
agency at a price of one dollar for the weapon.
B. Law enforcement a~,encies may allow any full-time sworn law enforcement officer
who retires with ten or more years of service, but less than twenty, to purchase
the service handgun issued to him by the agency at a price equivalent to the
weapon's fair market value on the date of the officer's retirement.
(Determination of fair market value may be made by reference to a recognized
pricing guide.)
C. Any full-time law enforcement officer of a local police department who is retired
for disability under Sec. 22.1-47, nonoccupational disability retirement allowance,
or Sec. 22.1-65, nonoccuvational disability retirement allowance, may purchase
the service handgun issued to him by the agency at a price equivalent to the
weapon's fair market value on the date of the officer's retirement.
(Determination of fair market value may be made by reference to a recognized
pricing guide.)
D. A local oolice deoartment may allow the immediate survivor of any full-time
sworn law-enforcement officer (i) who is killed in the line of duty or (ii) who dies
in service and has at least twenty years of service to purchase the service handgun
issued to the officer by the agency at a price of one dollar for the weapon.
E. Provisions of Sec. 59.1-148.3 did not apply to Virginia localities prior to 1989.
Mayor and Members of Council
Subject: Purchase of Handguns by Retired Police Officers
Page 2
January 11, 1993
II.
III.
IV.
ho
Bo
City Council action is needed to authorize the Chief of Police to implement the
provisions of Sec. 59.1-148.3, Code of Virginia.
~ has a pending request to transfer ownership of the service
handgun of deceased Officer Fred W. Robinson to his immediate survivor through
the court appointed guardian and from retired Officer G. F. Dyer, the only retiree
to date during this fiscal year.
Issues
A. Benefits
B. Cost
Alternatives
Ao
City Council take action necessary to implement the provisions of Sec. 59.1-
148.3, Code of Virginia to apply to the Roanoke City Police Department and to
specifically authorize transfer of service weapons in the two pending requests.
a. Automatic and timely replacement of older firearms.
Personnel will better maintain equipment they expect to someday
own.
Better maintenance of weapons contributes to safety of citizens and
officers.
do
eo
Contributes to morale and positive feelings of retirees toward City
government that they can retain their weapon as a keepsake.
Families of officers who died or were injured in service will be
grateful that the City honored their loved one by the presentation
of the firearm.
Mayor and Members of Council
Subject: Purchase of Handguns by Retired Police Officers
Page 3
January 11, 1993
2. Cost
Based on the cost of weapons and an average retirement of less than five
police officers a year, the cost to the City would be less than $2,000 per
year in subsequent appropriations.
~ not take action necessary to implement the provisions of Sec. 59.1-
148, Code of Virginia to apply to the Roanoke City Police Department.
1. Benefits would be a moot issue.
2. Cost would be a moot issue.
Recommendation is that Council approve Alternative "A" to allow implementation of Sec.
59.1-148.3, Code of Virginia as it applies to local police agencies.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:MDH:JSB:mr
RECE~\'ED
CITY CLx:~': F,~FICE
'93 JAN-7 P3:15
Director of Administration and Public Safety
January 7, 1993
The Honorable David A. Bowers, Mayor
and Members of City council
Roanoke, Virginia
Dear Mayor Bowers and Me~%bers of Council:
Subject: council Report on Purchase of HandgunS
by Retiring Police officers
I have been asked by Mr. Herbert to write to council
informing them of a report to be presented at the January 11 City
council meeting dealing with the purchase of service handguns by
retiring police officers. During the 1989 Virginia General
Assembly session, the Legislature passed code sections allowing
local police departmentS to provide opportunities for full time
· ' in after at least twenty years of service
worn officers, ret~r g . - .... ~ to ~urchase their
~r who retire on occupational ~lsaDl~u¥, ~ an
service handguns at the cost of $1.00. Upon retiring
officer'S service handgun has special personal meaning to the
individual. Many Roanoke police officers have said they would
like to have the opportunity to purchase their service handgun.
· On the average, we have five officers retire per year. New
weapon replacement would cost approximately $2,000 per year. At
the same time the benefits in morale, goodwill and motivation
would greatly out weigh this modest cost.
If I may answer any questions about this upcoming council
report, please call me.
Respectfully,
'~ Sne~
Director of Public Safety
GcS/hw
cc: W. Robert Herbert, City Manager
wilburn C. Dibling, City Attorney
Mary F. Parker, City Clerk
Room354 Muni¢ipalBuilding 215 Church Avenue. S W,Roanoke,Vi[ginia 24011 (703) 981 2306
MARY F, PAI~F,R
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
January 14, 1993
File #5-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31303-011193 extending pay benefits provided
for by Resolution No. 4748 for Sergeant William Moser of the Police Department until
February 17, 1993, or until such officer is able to return to duty as a police officer,
or until such employee is no longer classified as a police officer, whichever occurs
first. Resohition No. 31303-011193 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, January 11, 1993.
Sincerely
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. DibHng, Jr., City Attorney
Mr. James D. Ritchie, Director, Human Development
Mr. Kenneth S. Cronin, Personnel Manager
Ms. Lauren G. Eib, Risk Management Officer
Mr. George C. Snead, Jr., Director, Public Safety
Mr. M. David Hooper, Police Chief
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The llth day of January, 1993.
No. 31303-011193.
A RESOLUTION extending the pay benefits provided for by
Resolution No. 4748 for a certain employee of the Police
Department.
WHEREAS, Resolution No. 4748, adopted February 28, 1936,
provides that police officers and firefighters absent from duty
because of disabling injuries incurred in the line of duty shall
suffer no loss in compensation for sixty days;
WHEREAS, by Resolution No. 4748, Council has voluntarily
established a local benefit for the City's police officers and
firefighters, and eligibility for such benefit is determined solely
by the terms of Resolution No. 4748, not by the Worker's
Compensation Act or related law;
WHEREAS, Resolution No. 4748 requires that extension of
benefits provided for by such resolution beyond sixty days shall be
only upon authority of Council; and
WHEREAS, Sgt. William Moser of the
previously been determined eligible for
Resolution No. 30968-042792, dated April
extended such benefits through June 1, 1992;
WHEREAS, by report of January 11, 1993,
recommended that benefits available to such
beyond June 1, 1992.
Police Department has
such benefits, and by
27, 1992, Council has
and
the City Manager has
employee be extended
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Sgt. William Moser of the Police Department shall be
entitled to the difference between his base pay and any sums
received pursuant to the Workers' Compensation Act until February
17, 1993, or until such officer is able to return to duty as a
police officer, or until such employee is no longer classified as
a police officer, whichever occurs first.
2. Such employee shall under no
payments from the City, including Workers'
circumstances receive
Compensation benefits,
in excess of his regular base pay as a police officer.
3. The City Manager shall be authorized to terminate the
benefits provided for by this resolution should it be established
by report of a licensed physician that said employee is able to
return to duty at a police officer's regular base pay.
ATTEST:
City Clerk.
'93 -6 ? 4 ',50
January 11, 1993
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: Extension of Pay Benefits
mo
Council Resolution No. 4748 of February 28, 1936, established
a policy for payment of a salary supplement to injured employees
in the Fire and Police Departments for a period of sixty days.
The intent of the salary supplement was to ensure that a police
officer or firefighter receives his full salary if an accident
occurred on the job and caused the employee to lose time from
work.
Bo
S~t. William Moser of the City of Roanoke's Police Department
suffered job related injuries in a vacant building in the process
of rehabilitation on January 23, 1991. He fell through an open
floor, covered with plastic, and into the basement. The accident
was accepted by the City's Workers' Compensation program. City
Council approved supplemental salary payments to Sgt. Moser
because it was clear he would qualify for the benefit by being
unable to work after sixty days.
II. CI~ SITDATIflN.-
A rehabilitation plan to bring Sgt. Moser back into the work
environment was designed by a rehabilitation therapist retained by
the City. The plan was reviewed and approved by Sgt. Moser, his
doctor and lawyer.
Sgt. Moser began modified duty in July 1992. He is currently
working in the City's warehouse doing computer data entry along
with assisting the warehouse supervisor with various simple tasks.
Sgt. Moser's physician approved increasing his work hours each
week until he reached eight hours per day but Sgt. Moser has not
been able to adapt to the increases and currently is only working
three hours per day.
Members of Council
January 11, 1993
Page 2
Co
III.
Rehabilitation through modified duty will end in January 1993 when
the doctor evaluates Sgt. Moser's ability and capacity to return
to work as a police officer. If Sgt. Moser cannot return to work
as a police officer, his doctor and the rehabilitation therapist
will explore his vocational abilities for job placement. Risk
Management anticipates a three week delay after the doctor's visit
before the City will receive a copy of the doctor's findings.
Authorization to extend salary supplements needs to be approved by
City Council. Continuing salary supplements until February 17,
1993 will allow the doctor to evaluate Sgt. Moser's progress over
the past year and comunicate his recomendations to the City.
A. Employee Morale
B. Cost
c. Council Resolution No.4748
Authorize salary supplements for Sgt. Moser to continue through
February 17, 1993.
1. Employee Morale will not be affected.
Personnel Costs in the Police Department will continue to be
inflated because the salary supplements payments are
deducted from the department's personnel account. The
workers' compensation account is not effected by the salary
supplements. Sgt. Moser's pay for workers' compensation
will continue to be paid by the City as required by the Code
of Virginia Section 65.2-502.
3. Compliance with resolution No. 4748 would be possible.
Do not authorize Sgt. Moser's salary supplements to be paid
through February 17, 1993.
Employee morale will be negatively affected.
Personnel Costs will be reduced by the difference between
the amount paid through workers' compensation, as required
by the Code of Virginia, and gross salary.
Members of Council
January 11, 1993
Page 3
3. Compliance with Resolution No. 4748 would not be possible.
Ve
Council concur with Alternative A and authorize supplemental salary
payments no later than February 17, 1993, or until the officer is able
to return to normal duty as a police officer, or until such ~mployee is
no longer classified as a police officer, whichever shall first occur.
W~H/LGE:tlw
Respectfully submitted,
W. Robert Herbert
City Manager
CC:
City Attorney
Director of Finance
Director of Administration and Public Safety
Chief of Police
Risk Management Officer
MARY F. PA~K~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
D~puty City Clerk
File $178-226-236
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31304-011193 authorizing you to execute an
agreement with Roanoke At Home, a Virginia Limited partnership, and Total Action
Against Poverty in Roanoke Vailey, Inc., to provide for approval of the transfer of
fsie~e structures from TAP to the Partnership, and other matters, as more particularly
forth in a report of the City Manager under date of January 11, 1993. Resolution
No. 31304-011193 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, January 11, 1993.
Sincerely, ~L~4.~_
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Mr. Theodore J. EdLich, III, Executive Director, Total Action Against Poverty
in Roanoke Vailey, Inc. 145 West Campbell Avenue, S. W., Roanoke, Virginia
24011 '
Mr. Alvin Nash, Executive Director, TAP Housing Corporation, General
Partner for Roanoke At Home, Limited Partnership, 145 West Campbell
Avenue, S. W., Roanoke, Virginia 24011
Ms. Neva H. Smith, Executive Director, City of Roanoke Redevelopment
and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia
24017
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. DibLing, Jr., City Attorney
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. W. Robert Herbert
Ja~lary 14, 1993
Page 2
pc:
Mr. William F. Clark, Director, Public Works
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. H. Daniel Pollock, Jr., Housing Development Coordinator
Ms. Marie T. Pontius, Grants Monitoring Administrator
MARY F. PA~KF.~
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virsinia 2~011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 14, 1993
File #27-207-405
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31306-011193 approving issuance of Change
Order No. 4 to the City's contract with Mattern & Craig, Inc., for engineering
services in connection with the Statesman Industrial Park Stormwater Management
System project, in the amount of $10,050.00, for a total contract amount, including
Change Order No. 4, of $349,113.00. Resolution No. 31306-011193 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, January 11,
1993.
Sincerely, ~L~,~---
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc o
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Ciark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
MARY F.
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
213 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2341
January 14, 1993
File #27-207
SANDRA H. EAKIN
Deputy City Clerk
Mr. Stewart W. Hubbell
Vice President
Mattern & Craig, Inc.
Consulting Engineers
701 First Street, S. W.
Roanoke, Virginia 24011
Dear Mr. Hubbell:
I am enclosing copy of Resolution No. 31306-011193 approving issuance of Change
Order No. 4 to the City's contract with Mattern & Craig, Inc., for engineering
services in connection with the Statesman Industrial Park Stormwater Management
System project, in the amount of $10,050.00, for a total contract amount, including
Change Order No. 4, of $349,113.00. Resolution No. 31306-011193 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, January 11,
1993.
Sincerely, ~a..~.g~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The llth day of January, 1993.
No. 31306-011193.
A RESOLUTION approving the City Manager's issuance of Change
Order No. 4 to the City's contract with Mattern & Craig, Inc., for
engineering services in connection with the Statesman Industrial
Park Stormwater Management System project.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is
authorized and empowered to issue, for and on behalf of the City,
upon form approved by the City Attorney, Change Order No. 4 to the
City's contract with Mattern & Craig, Inc., related to engineering
services in connection with the Statesman Industrial Park
Stormwater Management System project.
2. Such Change Order shall provide for the following changes
in the work to be performed:
ORIGINAL CONTRACT AMOUNT
CONTRACT AMOUNT INCLUDING
APPROVED CHANGE ORDERS
CHANGE ORDER NO. 4:
$ 310,000.00
$ 339,063.00
Revision on Inge Property (plans
Revision of the Inge plat
Access cost estimates to Douthat
through Short property (abandoned) +
Douthat plat revisions +
Revision to combine projects (plans) +
Added sheets & revisions for
access from Howard Avenue on
Douthat property +
TOTAL
CONTRACT AMOUNT INCLUDING
CHANGE ORDER NO. 4
+ $
+ $
$
$
$
585.00
120.00
480.00
280.00
3,785.00
4~800.00
10,050.00
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. EAK1N
Deputy City Clerk
January 14, 1993
File #60-27-207-405
Mr. James D. Grisso
Acting Director of Finance ·
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31305-011193 amending and reordaining certain
sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of
$10,050.00 from Public Improvement Bonds - Series 1992A, Storm Drains to
Statesman Park Stormwater Management Facilities, to provide funds in connection
with issuance of Change Order No. 4 to the City's contract with Mattern & Craig,
Inc., for engineering services in connection with the Statesman Industrial Park
Stormwater Management System project. Ordinance No. 31305-011193 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday,
January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF RO~OI~Ev
The llth day of January, 1993.
No. 31305-011193.
VI[R(~I~NIA
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Capital Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Capital Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Capital Improvement Reserve $ 5,271,987
Public Improvement Bonds Series 1992A (1) ....... 4,929,387
Sanitation ''
2,107,692
Statesman Park Stormwater Management Facilities (2). 499,113
1) Storm Drains (008-052-9700-9176) $(10,050)
2) Appropriated
from Bonds (008-052-9656-9001) 10,050
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
RECEi',,'ED
'P3 JAN-6 P/J:50
Roanoke, Virginia
January 11, 1993
Honorable Mayor and Members of City Council
Roanoke, Virginia
SUBJECT:
STATESMAN INDUSTRIAL PARK STORMWATER
MANAGEMENT SYSTEM REVISIONS AND REQUEST
FOR ADDITIONAL FUNDING
I. Background:
~roject Design for construction entered its final stages
back in May of 1991 at which time appraisals and
negotiations for the purpose of acquiring the necessary
property, easements, and access to the detention basin
were begun.
Original Storm Drain Alignment from Granby Street to the
detention basin required an easement that fell partly on
the Russell L. Short property and the John W. Inge
property.
Environmental Assessment of properties to be acquired
revealed an area of suspected oil spill contamination on
the Russell L. Short property. It was decided to be in
the best interest of the City of Roanoke to re-align the
storm drain to by-pass the area in question.
Storm Drain Re-Alignment has now shifted the easement to
fall entirely on the John W. Inge property requiring
revisions to the plans, construction documents, and the
original Inge plat. This, in turn, required revisions
to the James Fielding Douthat plat to reflect the new
alignment on the Inge property.
Further negotiations with James Fielding Douthat
resulted in the City considering an industrial-type
access to his property more or less along the original
alignment across the Russell L. Short property.
Comparative cost estimates were made, including the
contaminated area, and this concept was later abandoned.
Mayor and Members of Council
RE: Statesman Industrial Park Stormwater
Revisions and Request for Additional Funding
January 11, 1993
Page 2
II.
Current Situation:
A.
Final alignment decisions have been made which involve
two more revisions to the plans and related contract
documents. These are as follows:
Provide access to the detention basin from Howard
Avenue on the Douthat property thereby requiring
another revision to the plat and several sheets of
the plans to reflect the access with profile
design and erosion control.
Advertise both the detention basin and the storm
drain system as a single contract in February,
1993. Provide an alternate to construct curb and
gutter with related entrances throughout the
industrial complex in addition to that portion of
curb and gutter necessary to cause the storm drain
to function properly.* The project was originally
designed for construction in two (2) phases and
two (2) separate contracts. This revision
required changes to several sheets of the plans,
bid documents, and instructions to bidders.
Engineering fee for providing all the revisions and
changes covered in this report are as follows:
1. Revision on Inge property (plans) ..... 585.00
2. Revision of the Inge plat ............. 120.00
*This will provide unit prices to be used in the event
that funds area available for the additional curb, gutter
and entrances.
Mayor and Members of Council
RE: Statesman Industrial Park Stormwater
Revisions and Request for Additional Funding
January 11, 1993
Page 3
Access cost estimates to Douthat thru
Short property (abandoned) ........... 480.00
4. Douthat plat revisions ................ 280.00
5. Revision to combine projects (plans)... 3,785.00
6. Added sheets & revisions for access
from Howard Ave. on Douthat property..
4~800.00
TOTAL ... $10,050.00
Current project account shows a balance of $12,220.32.
However, this amount is necessary in order to maintain
consultant's contract administration once the project
enters the bidding and construction phase. Additional
funds by change order in the amount of $10,050.00 will
be necessary in accordance with the following summary:
2.
3.
4.
Original contract amount .............. $310,000.00
Adjustment by previous change order .... 339,063.00
Amount of this change order (No. 4) .... 10,500.00
New contract amount ................... 349,113.00
III. Issues in Order of Importance:
ae
Engineerinq concerns in maintaining an acceptable
schedule for construction of this project already
delayed by environmental complications and extensive
negotiations for property acquisition, easements, and
right-of-way.
Reasonableness of fee charged by the consultant (Mattern
& Craig, Inc.) in providing the various revisions
covered in this report.
C. Available funds
Mayor and Members of Council
RE: Statesman Industrial Park Stormwater
Revisions and Request for Additional Funding
January 11, 1993
Page 4
IV. Alternatives:
City Council authorize the issuance of change order
No. 4 in the amount of $10,050.00.
Enqineering concerns will be met by finalizing
this project and advertising for construction in a
timely manner.
2. Reasonableness of fee has been established by
comparison to similar work and the scope involved.
3. Fundinq is available in the current Public
Improvement Bond - 1992A - Storm Drain, Account
No. 008-052-9700-9176.
Do not authorize the issuance of change order No. 4 in
the amount of $10~050.00.
Engineering concerns of finalizing the project and
advertising for construction in a timely manner
will be delayed.
Reasonableness of fee will still remain an issue
as other means finalizing and funding the
necessary revisions will have to be established.
Fundinq will remain an issue as stated in Item (2)
above.
V. Recommendation:
Council authorize the issuance of change order No. 4 in
the amount of $10~050.00 and thereby establish a new
contract amount of $349~113.00.
Mayor and Members of Council
RE: Statesman Industrial Park Stormwater
Revisions and Request for Additional Funding
January 11, 1993
Page 5
Appropriate and authorize the Director of Finance to
transfer $10~050.00 from the current Public Improvement
Bond - 1992A Storm Drain, Account No. 008-052-9700-
9176 to the current project, Statesman Park Stormwater
Management Facilities, Account No. 008-052-9656-9055.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/ES/fm
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
Management & Budget
City Engineer
MARY F. PAI~KI~I~
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
January 14, 1993
File #183-472
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director, Public Works
Mr. Gary N. Fenton, Manager, Parks and Grounds
Mr. William L. Stuart, Manager, Streets and T~mffic
Mr. James A. McClung, Manager, Fleet and Solid Waste Management
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
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
January 14, 1993
File #183-472
SANDRA H. EAKIN
Deputy City Clerk
Mr. Robert A. Bristow, President
Highway Machinery & Supply Co., Inc.
426 West 4th Street
Salem, Virginia 24153
Dear Mr. Bristow:
I am enclosing copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated rolier for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the four to six ton rated roller.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
MARY F.
City Cl~rk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
De, ut y City Clerk
File #183-472
Mr. Tommy Creech
Municipal Sales
J. W. Burress, Inc.
5734 Sellger Drive
Norfolk, Virginia 23502
Dear Mr. Creech:
I am enclosing copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
MARY F, PAI~KI~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy CityClerk
File #183-472
Mr. William L. Alley
Vice President
MSC Equipment, Inc.
1823 North Hamilton Street
Richmond, Virginia 23230
Dear Mr. Alley:
I am enclosing copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January Il, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc o
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. EAK1N
Deputy City Clerk
January 14, 1993
File #183-472
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. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the street sweeper.
Sincerely,
City Clerk
MFP: sm
Eric.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room ,*56
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 14, 1993
File #183-472
Richmond Machinery and
Equipment Company
P. O. Box 6588
Richmond, Virginia 23230
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed equipment.
Sincerely, fO..-,J*-~,,~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 C~urch Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 14, 1993
File #183-472
Mitchell Distributing Company
P. O. Box 390
Salem, Virginia 24153
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 31308-011193 accepting bids submitted by
J. W. Burress, Inc., in the amount of $69,000.00, for one new street sweeper for
use by the Grounds Maintenance Department, and MSC Equipment, Inc., in the
amount of $21,445.00, for one new four to six ton rated roller for use by the Street
Maintenance Department. Resolution No. 31307-011193 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the four to six ton rated roller.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The llth day of January, 1993.
No. 31308-011193.
VIRGINIA,
A RESOLUTION accepting bids made to the City for furnishing
and delivering one new street sweeper for use by the Grounds
Maintenance Department and one new four to six ton rated roller for
use by the Street Maintenance Department; and rejecting all other
bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The low bid of J. W. Burress, Inc., made to the City,
offering to furnish one new street sweeper for use by the Grounds
Maintenance Department, meeting all of the City's specifications
and requirements therefor, for the total bid price of $69,000.00,
on file in the Office of the City Clerk, is hereby
which bid is
ACCEPTED.
2. The low bid of MSC Equipment, Inc., made to the City,
offering to furnish one new four to six ton rated roller for use by
the Street Maintenance Department, meeting all of the City's
specifications and requirements therefor, for the total bid price
of $21,445.00, which bid is on file in the Office of the City
Clerk, is hereby ACCEPTED.
3. The City's Manager of General Services is'hereby
authorized and directed to issue the requisite purchase orders
therefor, incorporating into said orders the City's specifications,
the terms of each bidder's proposal, and the terms and provisions
of this resolution.
4. Any and all other bids made to the City for the aforesaid
equipment are hereby REJECTED; and the City Clerk is directed to
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
January 14, 1993
File #60-183-472
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31307-011193 amending and reordaining certain
sections of the 1992-93 General and Internal Service Funds Appropriations,
providing for appropriation of $90,445.00, in connection with the purchase of one
new street sweeper for use by the Grounds Maintenance Department, and one new
four to six ton rated roller for use by the Street Maintenance Department.
Ordinance No. 31307-011193 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, January 11, 1993.
Sincerely, ~&~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director, Public Works
Mr. Gary N. Fenton, Manager, Parks and Grounds
Mr. William L. Stuart, Manager, Streets and Traffic
Mr. James A. McClung, Manager, Fleet and Solid Waste Management
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF RO~NOKEv VIRGINI~
The llth day of January, 1993.
No. 31307-011193.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 General and Internal Service Funds Appropriations, and
providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 General and Internal
Service Funds Appropriations, be, and the same are hereby, amended
and reordained to read as follows, in part:
General Fund
Appropriations
Nondepartmental $12,102,854
Transfers to Other Funds (1) ........................ 11,066,781
Fund Balance
Capital Maintenance and Equipment Replacement
Program (2) ....................................... $ 1,605,230
Internal Service Fund
Appropriations
Fleet Management
Revenue
Operating Supplement - General Fund
1) Transfers to Internal Service Fund
(3) ................................ $ 3,007,092
(4) ............. $
(001-004-9310-9506) $ 21,445
82,615
2) CMERP - City
3) Vehicular Equipment
4) Operating Supplement
- General Fund
(001-3323)
(006-052-2641-9010)
$(21,445)
21,445
(006-020-1234-0951) 21,445
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Janua/~} 1 ~N I~93 ~
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT:
Bids to Purchase Street
Sweeper, Bid No. 92-11-98
and 4 to 6 Ton Roller, Bid
No. 92-11-99
I. Backqround
Capital Maintenance and Equipment Replacement
evaluations have identified the need to replace One
(1) Street Sweeper in Grounds Maintenance and One
(1) 4 to 6 Ton Roller in Street Maintenance.
November~ 1992 specifications were developed and
sent, along with a request for quotation to
eighteen (18) vendors for the Street Sweeper and to
seventeen (17) vendors for the Roller. Both bids
were also publicly advertised in the Roanoke Times
and Roanoke Tribune.
Bids were received, after due and proper
advertisement, until 2:00 p.m. on December 7, 1992,
at which time all bids appropriately received were
publicly opened and read in the Office of the
Manager of General Services. Bid tabulations are
attached.
II. Current Situation
Ail bids received were evaluated in a
manner by representatives of the
departments:
consistent
following
Public Works
Fleet Management
General Services
B. Bid evaluations are as follows:
Bid No. 92-11-98 for One (1) New Street
Sweeper. The lowest bid submitted by J.W.
Burress, Inc. meets all required
specifications.
Street Sweeper, Bid No. 92-11-98
4 to 6 Ton Roller, Bid No. 92-11-99
Page 2
III. Issues
Bid No. 92-11-99 for One (1) New 4 to 6 Ton
Rated Roller. The lowest bid submitted by MSC
Equipment, Inc. meets all required
specifications.
Need
Compliance with Specifications
Fundinq
IV.
Alternatives
Council accept the lowest bids meeting
specifications to purchase equipment as follows:
1. One (1) New Street Sweeper, as submitted by
J.W. Burress, Inc. for a total cost of
$69,000.00.
2. One (1) New 4 to 6 Ton Rated Roller as
submitted by MSC Equipment, Inc. for a total
cost of $21,445.00.
Need - Requested equipment is needed to
replace worn out existing equipment which
will provide for the proper and more
efficient performance of duties.
Compliance with specifications - The bids
identified in this alternative meets all
required City specifications.
c. Fundinq - Funds are available as follows:
Street Sweeper - Funds are available
in Fleet Management account 006-052-
2641-9010.
2. Roller - Funds are designated in
Capital Maintenance and Equipment
Replacement Program.
B. Reject all Bids
Street Sweeper, Bid No. 92-11-98
4 to 6 Ton Roller, Bid No. 92-11-99
Page 3
Need - Some required duties in Grounds
Maintenance and Street Maintenance would not
be accomplished in the most effective and
efficient manner.
Compliance with specifications - would not be
a factor in this alternative.
Fundinq Designated Funds would not be
expended.
V. Recommendation
Council concur with Alternative "A" - award the
lowest responsible bids for equipment as follows:
One (1) New Street Sweeper from J.W. Burress,
Inc. for a cost of $69~000.00.
One (1) New 4 to 6 Ton Rated Roller from MSC
Equipment, Inc. for a cost of $21,445.00.
B. Reject all other Bids.
Appropriate $21~445 from General Fund Capital
Maintenance and Equipment Replacement account to
the Fleet Management Fund, account 006-052-2641-
9010.
Respectfully Submitted,
W. Robert Herbert
City Manager
cc: Director of Finance
City Attorney
F-4
0
CD
ID'l-,
rt.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2.S, Ol 1
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 14, 1993
File #354
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report concurring in recommendations of the Emergency Medical Services
Advisory Committee, and recommending certain actions to address the need for
increased coordination and continuity among agencies providing pre-hospital care,
was before the Council of the City of Roanoke at a regular meeting held on Monday,
January 11, 1993.
On motion, duly seconded and unanimously adopted, the matter was referred back
to you for further study and report to Council at the regular meeting to be held on
Monday, January 25, 1993.
Sincerely, ~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
pc:
Mr. George C. Snead, Jr., Director, Public Safety
Ms. Wanda B. Reed, Manager, Emergency Services
RECEI'~E!] Roanoke, Virginia
CITY C[ [c'~ ~ January 11, 1993
° 7 :
- P 10
· he "onorable Da,,id 9;. 4 ayor
and Members of Council
Roanoke, Virginia
Re: Emergency Medical Services Advisory Committee Report
Dear Members of Council:
In January 1992, the Emergency Medical Services Advisory
Committee (EMSAC) was appointed by my office to evaluate the
delivery of pre-hospital care within the City. This committee has
worked diligently throughout the year and is to be commended for
their efforts. An analysis of their findings and recommended
program enhancements are included in the attached report.
Committee composition is identified in Attachment "A" of the
report.
I agree with the committee,s recommendation of addressing the
need for increased coordination and continuity among agencies
providing pre-hospital care. In this regard, I am recommending
that the following actions be taken:
gity Council adopt the attached resolution identifying the
Department of Emergency Medical Services as a permanent public
safety entity responsible for monitoring compliance with
standards for all agencies providing pre-hospital care within
the City .and for recommending appropriate action by City
Council with regard t? applications for state licensure by
emergency medical services agencies which wish to operate in
the City.
Cit Council concur with the Cit Mana er's a ointment of a
ermanent Emer enc Medica Services Advisor Board to be
effective February 1, 1993. Board composition and
responsibilities are outlined on pages 8 and 9 of the attached
report.
Cit Council authorize the Cit Mana er to enter into a new
contract between the Cit and Roanoke Eme enc Medical
Services nc. effective February 1, 1993 relating to the
provision of pre-hospital care and coordination thereof. A
copy of this contract is provided as Attachment "E" of the
committee,s report.
Further, I am pleased to inform Council that I intend to do
the following:
Continue re-hos ital care trainin for fire de artment
~ to the level of Emergency Medical Technician -
Defibrillation (EMT-D) which will allow firefighters to assist
with emergency medical responses.
Replace one ambulance durinq fiscal Vear 1992-91 subject to
identification of a suitable funding source and final approval
by City Council. Maintenance costs are high when emergency
equipment exceeds recommended replacement policy. Funding for
The Honorable David A.
and Members of Council
Page 2
Bowers, Mayor
this item may possibly be identified through the Capital
Maintenance and Equipment Replacement Program once all
approved items are purchased.
Finally, I recommend that the following issues be carefully
evaluated by administrative staff; and if deemed appropriate, be
addressed during the Fiscal Year 1993/94 budget development
process:
Two additional positions of EMS Training Officer and Resourc-
Officer within the Emergency Medical Services Department. The
majority of funding needed for the Resource Officer position
is currently available and would only require reallocation of
funds.
Init'a e a f'rst res on e r am at fire station 13 Peters
~ serving the northwest section of the City
beginning July 1, 1993 thereby reducing response times to this
area.
Evaluate emergency medical dispatch pro,rams and provide
tra~n~n~ for all Communications C~nter personnel. Dispatcher
training programs are now recognized by the State Department
of Health which includes priority dispatching and pre-arrival
instructions. This type of training allows for better
utilization of emergency medical resources.
Relocation.of EMS administration/operations n~_
has been identified in the Jefferson Cent~--~i~h Space
would
provide sufficient office space and parking, and allow needed
access to new training center.
Evaluate alternatives for provision of an adequate EMi:
facility in northwest Roanok6 to replace the current
inadequate facility.
Review feasibility for in-house billin~ and collection, for
ambulance transportation user fees which may produce a cost
savings.
Thank you for your consideration of this matter.
Respect ly
W. Robert Herbert
City Manager
Attachments
WRH/WBR/cw
CC:
City Attorney
Director of Finance
EMSAC Committee Members
REMS Board of Directors
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
DATE=
TO=
FROM=
SUBJECT=
November 24, 1992
W. Robert Herbert, City Manager
Emergency Medical Services Advisory Committee
Emergency Medical Services Overview/Committee
Recommendations
Executive SummsFy
ae
Coordination and continuity of all Emergency Medical
Services (EMS) delivery components requires adequate
staff with appropriate training, adequate EMS
administrative space, and sufficient facilities
responsive to the needs of the community. In order to
accomplish program goals, the Emergency Medical Services
Advisory Committee (EMSAC) makes the following
recommendations in order of importance.
me
City Council adopt a Resolution recoqnizinq th,.
Department of Emerqencv Medical Services as ..
permanent Public safety deDartmen~ responsible for
enforcing local, Regional, and State, and standards
for all agencies providing pre-hospital care by
January 1, 1993.
me
City Manager aDDoint an Emerqencv Medical Services
Advisor Board for EMS system evaluation, planning,
and continuity and to make recommendations for
necessary program enhancements by January 1, 1993.
Add two EMS staff Dositions in FY 1993/94:
a. EMS Trainin~ Officer - Estimated $31,534 plus
$6,937 benefits
e
b. Resource Officer - Estimated $5,429 for
benefits package only. Funding for salary
provided by reallocation of existing funds.
Enter into a contract between the City and Roanok
Emerqencv Services, Inc. (REMS) effective January,
1993 relating to the provision of pre-hospital care
and coordination thereof.
Replace one ambulanc~ by January 1, 1993 at an
estimated cost of $45,000.
provide on-qoin~ EMT traininq Dro~ram for fir,.
department personnel.
EMSAC Report
Page 2
e
Immlement a first resnonder mro~ram at fire statio,,
13 located on Peters Creek Road by February 1,
1993. A separate report from the EMS/Fire
Committee will elaborate on this recommendation.
Provide Emergency Medical Dispatcher (EMD) traininu
for Communications personnel at an estimated one-
time cost of $10,000 to begin July 1, 1993. In
order to minimize future cost, it is recommended to
include EMD training in orientation for new
personnel.
e
10.
11.
Secure EMS administrative and operational spac,, in
the Jefferson Center at an estimated $10,500
maintenance fee annually.
Identify and evaluate alternatives to provide a~,
adequate EMS facility in Northwest Roanoke. Target
date to provide this facility is FY 1994/95.
Review current billing and collection contrac~ for
ambulance transport user fees. Examine feasibility
of in-house provision of this service. Current
contract expires June 30, 1992.
~MS in the City of Roanoke is a multi-component syste
requiring on-going coordination and support. The
potential exists for an excellent pre-hospital care
program; however, a unifying influence is necessary to
complete system development.
January 1992. City Manaqer appointed the fiftl, EMSAC
since 1984. EMSAC evaluates the delivery of pre-hospital
care and makes recommendations as to needed program
enhancements.
Current EMSAC membership consist~ of city staff, repre-
sentatives of Roanoke Emergency Medical Services, Inc.
(REMS) and the medical community. See attachment "A" for
list of members.
De
Six separate comnonents participate with var¥inq de~ree~
to meet the needs for pre-hospital care in the City.
Details are provided in attachment "B" relative to each
components, participation. These components are:
Department of EMS. City of Roanok,. is the lead
agency providing pre-hospital emergency medical
care and rescue operations.
REMs - Volunteers provide an estimated 5,011 hours
of staff support monthly on nights/weekends, two
fixed facilities and 11 ambulances for a
substantial cost savings to the City.
EMSAC Report
Page 3
III.
~9~provides basic life support (BLS)
non-transport sslstance through an automatic first
responder program at three locations. Additional
manpower support is provided as system demand
requires.
4. College of Health Science~ - Emergency Health
Sciences Program students with varying levels of
emergency medical certification assist with patient
care, receive on-the-job training and field experi-
ence under direct supervision through a clinical
rotation in the City's EMS program.
5. Private Ambulance ComDaniem - Two private ambu-
lance companies operate within the City providing
non-emergency patient transport.
a. Carillon Transportation Services
b. United Ambulance Company
6. Mutual Aid - Surrounding jurisdictions respond to
less than 1 percent of emergency medical calls
within the City when all available City units are
out-of-service on other responses.
Current Situation
A. Successes
Average resnonse times system-wide have decreased
by one minute from 6.22 to 5.25 minute~ since July
1992, directly related to program enhancements
approved for FY 1992-93.
_Two additional ambulances were Placed in
~ during the daylight hours Monday
through Friday guaranteeing five staffed
ambulances during this period. This was
accomplished by the addition of three FTE
career staff positions.
EMS Program performance standard:; are:
Respond to all ALS (life threatening) calls in
8 minutes or less 90% of the time. Respond to
all BLS (non-life threatening) calls in 12
minutes or less - 90% of the time. Current
performance levels:
ALS 83% 77% 87%
BLS 94% 96% 98%
*Year-to-date
EMSAC Report
Page 4
Fiscal year 1991/92, program enhancements were
not funded to accommodate increased demand for
service; therefore, ALS performance standards
fell below previous year.
Februar 1993, 48.8 percent of fire department
personnel will be trained as Emergency Medical
Technicians (EMT) and will be available to assist
with the increasing emergency medical call volume
for BLS.
Svstem demand increased 30 percent between 1988 and
1992 for a current level of 13,900 requests for
emergency medical assistance with a current annual
increase of 4 percent. (See attachment "C")
a. Change is attributed, in part, to an increase
in the elderly population.
(1)
14 eldercare facilities with 1,469 resi
dents are located within the City. Five
of the 14 facilities have been construct-
ed since 1988. This is a 52 percent in-
crease in dependent and independent el-
derly care facilities. An additional
660 beds in two new facilities will be-
come available and expected to be at full
capacity by early 1993, totalling 104
percent increase since 1988. Elderly
care facilities account for 9.8 percent
of the EMS demand.
(2)
Service demand to the elderlv DoDulatio~,
(age 60 and above) increased by 13% be-
tween 1991 and 1992.
Extensive use of EMS by low income resident~
is also a contributing factor. Statistical
information reveals that the City's low income
housing projects and homeless shelters account
for greater than 21.4 percent of the EMS call
volume.
(1)
1989 - Census Bureau statistics indicat,
15.238 individua]~ (3,281 families) below
$12,674 annual income.
(2)
Low income families utilize 9-1-1 EMS as
transportation to medical facilities
where emergency room physicians provide
primary care.
Performance standards are not consistently bein,j
met in the Peters Creek Road area. Average re-
sponse time is currently 8.21 minutes.
EMSAC Report
Page 5
Coordination amonq comnonents is lackinu resulting
in inefficiencies throughout the program and making
continuity among components very difficult;
Rescue station 4 does not accommodat,~ an adequate
number of vehicles to meet the demand for service
in the northwest section of the City. This
facility located at 2327 Melrose Avenue, N. W. is
an old service station with annual rental fees of
$5,700 and high alntenance costs.
m '
Due to inadeauate size of bay doors there is
damage to vehicles on a frequent basis.
be
Limited space for EMS vehicles restrict th,
number of calls answered by this statio,, in
its' primary territory· Response times are
increased when an ambulance must respond from
downtown or Williamson Road. Twenty-two
percent of calls in this area cannot be
answered by this station and are, therefore,
turned over to other stations.
Billinq and collection servicn
increase disproportionately to
for ambulance user fees.
costs continue to
revenue collected
at
Contract with Health East. Inc. for billing
and collection of ambulance user fees expires
June 30, 1993. Fiscal terms for current two
year contract are:
July l, 199~ - June 30, ~992:
$6,500 per month and 6·5% of net
collections
July l, 1992 - June 30, ~993:
$7,800 per month and 9·0% of net
collections
User Fees for ambulance transportation fo~
fiscal Year 1991-92 aenerated $542,39~.
1)
A third Party billing procedure was
adopted by City Council in July 1989 and
was changed to a user fee in July 1990.
Third party billing collected from insur-
ance company only whereas the user fee
makes the individual user responsible for
portion of bill not covered by insurance.
2) Current Fees
Advanced Life Support $130
Basic Life Support 100
EMSAC Report
Page 6
3)
Collection rate vs. cost of collectio,~
1989/90 $213,180. $ 13,421
6.3%
1990/91 509,180. 110,543
21.7%
1991/92 542,396 104,100
19.2%
1992/93
545,000**
143,000'* 26.3%
* First party billing as opposed to user fee
** Projected collections/billing cost
Two ambulances (units 200 and 201) which are owned
by REMS are in need of replacement based on the
current ambulancereplacement program.
Donations and other contributionc to volunteer
agency prior to 1989 were the primary funding
source for the replacement program. Initia-
tion of an ambulance user fee reduced dona-
tions received by REMS by 74 percent over the
past 3 years. Current level of donations
received is $21,000 annually.
Increased call volum, results in additional
wear and tear on units necessitating earlier
than anticipated replacement. Replacement
should be accomplished at 75,000. Ambulance
maintenance cost for the past 12 months was
$42,988 for 11 units.
Current replacement cost for ambulances range
from $45,000 to $75,000 without accessory
equipment.
It is anticipated that RRM~ will purchase one
of the two ambulances in need of replacement.
during FY 1992-93.
Emeraenc¥ Medical Dispatcher (EMD) Trainin, l -
Dispatchers are not currently required to receive
available EMS training. This training would
enhance the service by accurately identifying
medical emergencies and initiating appropriate
responses.
EMS administrative officn is located in the
Municipal Building. Current office space allotment
is inadequate to meet the growing administrative,
operational and training demands.
EMSAC Report
Page 7
Ve
ae
Ouarterlv continuin~ education re~uirement~
for approximately 410 career staff, fire
department first responders and volunteers
necessitates the creation of a training
officer position to provide continuity.
Current office allocation is not adequate for
existing or additional staff. All pre-
hospital care providers are required by the
State to receive varying levels of continuing
education, depending upon certification,
ranging from 30 - 72 hours within a two year
period to maintain certification.
Current administrative office is not easily
accessible for all participants and does not
allow for adequate parking or provide
sufficient training facilities.
EMS/Fire Committee has been established to
determine effective and efficient utilization of
manpower resources. This committee will begin a
strategic planning process in April 1993.
IV. Conclusion
Enhancements have been made since the implementation of
th, EMS program in 1985; however, additional enhancements
are needed at this time to provide an appropriate level
of pre-hospital care to our citizens.
Coordination among components is lacking resulting in
inefficiencies throughout the program. Upcoming tasks
cannot be completed without a designated body to provide
continuity, integration, coordination, accountability and
further planning and evaluation.
Recommendations in order of priority:
City Council adopt a Resolution identifvin~ the Depart
ment of Emergency Medical Services as a permanent Dubli,:
t~[~/~responsible for enforcing standards for all
agencies providing pre-hospital care within the City
(emergency and non-emergency). Authority shall include
but shall not be limited to:
ADDroval for all emergency medical a~encv Dermit~
oDeratin~ within the City. This recommendation
meets with requirements of the Rules and
Regulations of the Board of Health, Commonwealth of
Virginia governing emergency medical services and
identifies the responsible agency for developing
mutual aid agreements for those agencies operating
within the City;
EMSAC Report
Page 8
The Demartment of EMS shall have a manaqe~ who will
be responsible for the overall management of all
emergency medical functions in the city. This
responsibility shall include ensuring the continued
viability of volunteers as a vital component of
this system;
3e
Responsibility for the manaaement of all Public EMS
u~/k~made available to city agencies/departments
providing pre-hospital care;
Supervision of all non-clinical Positions receiving
public funding.
City Manaaer aPPoint an Emergency Medical Service,
Advisory Board to be in place January 1. 1993. Board
Members would be appointed by the City Manager for a two
year term and eligible for.reappointment not to exceed
three terms· Appointment of Board should be staggered so
that continuity continues·
1. Board composition:
Medical Director*
REMSChairman
REMS Officer
REMS Member at large
Medical Facility Liaison
Manager of Emergency Services/EMS*
Deputy Coordinator of ES/EMS*
Fire Department
College Health Sciences (Ad Hoc)
Private Ambulance (Ad Hoc)
Training Coordinator (Ad Hoc) (new position)
Communications Manager*
* Positions to be on-going.
Board responsibilities:
Advise and consult with the Manaqer of EMS
relative to the provision of all emergency
medical functions within the boundaries of the
city;
be
de
Review and recommend Policies and procedure ;
policies to be in-place March 1, 1993;
Identify service lev, Is appropriate for the
community and monitor performance to ensure
quality assurance;
Recommend administrative and Derformanc,,
~ for licensure within the City EMS
system;
EMSAC Report
Page 9
Recommend recruitment, retention and recoGni
~ for system providers;
Review and recommend orientation and trainin,]
~ for career and volunteer providers;
Identify Potential funding sources and review
annual program budqets where public funds are
involved;
h. Recommend Public education proqram~;
i. Review and make recommendations for agency
'c~-q~Rg_q~_gwithin the city. Develop a license
and review process.
j. Submit annual report to City Council each
December providing overview of system and make
recommendations for system enhancements.
City Council consider two additional Dosition~ within the
EMS Department during the fiscal year 1993'/94 budget
process. See attachment "D" for job descriptions.
1. Traininq Coordinator at an estimated cost or
$38.471 including benefits effective July 1, 1993.
Position is necessary to establish and maintain a
quality on-going training program for approximately
410 EMS providers.
Resource Officer - Funding for this position in the
amount of $24,675 would be deducted from current
REMS allocation. A benefits package of $5,429
would be required. It is requested that this
position come under the supervision of the Manager
of EMS effective July 1, 1993.
This position will continue to provide on-
going support for REMS receiving direction
from the REMS Operations Officer. It is
anticipated that the position will remain at
the Day Avenue location.
Enter into a contract between the City and Roanok~
EmerGency Services. ~nc effective January, 1993 relating
to the provision of pre-hospital care and coordination
thereof.
City Council anDrove funding for the purchase of one
~ by January 1993 in the amount of $45,000 to
comply with current ambulance replacement program and
continue to meet increasing system demand.
Continue to upgrade fire department manpower resourc~ to
the Emergency Medica.1 Techician - Defibrillation level to
support the EMS system.
Initiate first resDonder at fire station 1~ serving the
northwest sectioh of the city beginning Februray 1, 1993.
EMSAC Report
Page 10
He
Ail Communications mersonnel be trained in EMD beginning
July 1, 1993 with estimated one time cost of $10 000
based on 16 hour class. '
Reserve adequate space for EMS administrative office and
field supervisors, response vehicle at the Jefferson
Center at an estimated annual maintenance cost of $10,500
for 1,500 square feet for occupancy July 1, 1993. Space
allocation needs to be identified by earliy 1993 for
renovations to be complete July. Funding to be addressed
through the fiscal year 1993/94 budget process.
Space is currently availabl~ which would be ideal
because of immediate access to public safety
training facilities and adequate parking.
A Doliticallv neutral environment may prove to be
more conducive to cooperation and partnership
between career and volunteer providers.
Identify and evaluate alternatives to provide an adeauat
EMS .facility in northwest Roanoke. Target date to
provide this facility is FY 1994/95.
Review current billina and collection contrau~ for
ambulance transport user fees. Examine feasibility of
in-house provision of this service. Current contract
expires June 30, 1992.
December 14, 1992 or at earliest convenience - report to
City Council. Compressed time frame necessary in order
to have EMS Commission in-place by January 1 to coincide
with election of new volunteer management.
EMSAC Report
Page 11
GLOSSARY OF TERMS
Advanced Life Support (ALS) - the ability to render an advanced
level of emergency medical pre-hospital care to include, but
not limited to, drug and IV administration, EKG monitoring,
and advanced airway management.
Basic Life Support (BLS) - the ability to render a basic level of
emergency medical pre-hospital care to include but not limited
to basic airway management, oxygen administration, CPR,
control of bleeding, and splinting.
Emergency Medical Dispatcher (EMD) - 16 hour class requiring
successful completion of state exam qualifying communications
personnel to provide medical screening, prioritization, and
management of emergency medical resources.
Emergency MeSical Services (EMS) - the complete chain of human and
physical resources that provides patient care in cases of
sudden illness and injury. Coordinates all components in the
delivery of pre-hospital care. Standards are established by
state and local protocols which define levels of service
adequate to meet the needs of the community.
Emergency Medical Services Agency (EMS Agency) - means any person
defined herein, engaged in the business, service, or regular
activity whether or not for profit, of transporting and/or
rendering immediate medical care to such persons who are sick,
injured, wounded, or otherwise incapacitated or helpless.
Emergency Medical Services Advisory Committee (EMSAC) - a committee
appointed by the City Manager to evaluate the delivery of pre-
hospital care within the city and make recommendations for
program enhancements.
Emergency Medical Technician (EMT) - 110 hours classroom and 10
hours emergency room training with successful completion of
state written and practical exams. Certified EMTs are
qualified to render basic life support.
Emergency Medical Technician - Deflbrillator (EMT-D) - same as EMT
with an additional three hours of training and certification
on the automatic external defibrillator.
First Responder - fire department personnel who have received EMT-D
training. Three fire stations (4, 11 and 14) located in the
outlying areas of the city provide rapid response to medical
emergencies in their primary territories. Firefighters
provide basic care until emergency medical personnel with
advanced training arrive on the scene.
EMSAC Report
Page 12
Roanoke Emorgeno¥ Kedioal Servioes, Inc. (REHS) - the volunteer
organization providing pre-hospital care within the city.
User Fee - Bill for ambulance transportation to a medical facility
wherein the patient is responsible for the portion of the bill
not covered by insurance.
ATTACHMENT A
1992 Emergency Medical Services Advisory Committee
Dr. Carol Gilbert, (Chairman) Director of Trauma, RM~
Dr. Thompson Berdeen, Operational Medical Director
George C. Snead, Public Safety Director
Wanda B. Reed, Manager, Emergency Services/EMS
David Hoback, Deputy Coordinator, Emergency Services/EMS
David Pope, EMS Field Supervisor
Jim Grisso, Acting Finance Director
Barry Key, Manager, OMB
Rawleigh Quarles, Fire Chief
Ron Wade, Acting Communications Manager
Sidney Robertson, REMS Chairman of the Board
Jimmy Dean, REMS Operational Officer
Ken Harper, REMS Station Captain
Mary Hylton, Business Administrator
Dr. Maynard Law, Citizen at Large
ATTACHMENT B
Roanoke City Pre-hospital Care Program
Six Components
II.
Department of Emeraencv Medical Services. City of Roanokn is
the lead agency providing pre-hospital emergency medical care
and rescue operations.
ae
~employees provide coverage 24 hours a day at
rescue stations. A complement of 26 part-time employees
provide coverage for employee personal leave as required.
3 field supervisors
15 paramedics
7 emergency medical technicians
Roanoke Emerqenc¥ Medical Services. Inc., (REMS), Volunteers,
numbering approximately 70 full-time and 50 reserve, provide
varying levels of system coverage at nights/weekends.
Social and economic factors, increasing call volume and
the inherent risks associated With the types of calls
answered, make recruitment and retention increasingly
difficult. Dual family incomes, single parent household
and the increase of communicable disease exposure
potential are restricting new volunteer membership.
Be
REMS is having difficulty meeting requirements of manning
levels outlined in 'contract between City and REMS dated
September 5, 1989. In addition, the inability to
schedule and distribute personnel, where needed, results
in operational inconsistencies.
Ce
REMS Membersh'
Probationary (Non-certified)
EMT-A
Shock Trauma Technicians
Cardiac Technicians
Paramedics
Administrative Personnel
17 594*
59 2,310
19 804
13 522
14 444
5 337
Hours reflect average hours per month for all
volunteers at certification level.
D. REMS Funding Sources
Prior to 1985, the City provided approximately
$80,000 annually to volunteer life saving crews.
Funding was proportionately distributed based on
calls answered.
Attachment B
Page 2
III.
Roanoke and Williamson
collected approximately
donations annually.
Road Life Savinq Crew?
$80,000 collectively in
Prior to the initiation of an ambulance user fee,
the City provided approximately S100.000 annual%¥
to support volunteer operations.
Fiscal year 1989/90. REMS received City fundinq in
the amount $130,264, including funding for a
Business Administrator in the amount of $26°264.
Fiscal year 1990/91, REMS received City funding in
the amount of $195,932, which included ~
additional operational revenue allocated to offset
the expected drop in donations as a result of the
ambulance user fe~.
An additional $40.000 was allocated through
the Capital Maintenance and Equipment
Replacement Program (CMERP) for replacement of
ambulance 205.
Fiscal year 1991/92. REMS received City fundina in
the amount of $188.173. This decrease was due to
across-the-board budget reductions in all
departments.
Fiscal year 1992/93. REMS received City fundina in
the amount of $183,173. Contribution was decreased
$5,000 as a result of additional budget reductions.
8e
City contributions and other donations have
decreased, even though call volume and operational
costs have increased.
Fire De artment provides BLS, non-transport assistance through
an automatic first responder program at three locations.
Additional. manpower support is provided as system demand
requires.
Response times have been reduced by an average of 3
minutes in the areas served by the first responder
stations. During fiscal year 1991/92, first responder
engine companies assisted on approximately 8 percent of
the emergency medical call volume in the city.
Stations On-Line Call Volume
Station 4 3/91 320
Station 11 3/91 440
Station 14 4/92 396*
*Estimated based on year-to-date statistics.
Attachment B
Page 3
IV.
Vt
VI.
ColleGe of Health Sciences - Emergency Health Sciences Program
students with varying levels of emergency medical
certification assist with patient care, receive on-the-job
training and field experience under direct supervision through
a clinical rotation in the City's EMS program.
ae
Students participate on approximately 3.3% of calls.
Participation is necessarily inconsistent as it is based
on an academic schedule.
Future recruitment potential for the City's EMS system is
enhanced through this educational process.
Private Ambulance Companies - Two private ambuiance companies
operate' within the City providing non-emergency patient
transport; i.e., home to medical facility and emergency
transports from doctor's office/hospital to other medical
facility. These companies assist with less than 1% of emer-
gency transports when system demand exceeds available
resources.
Mutual Aid - Surrounding jurisdictions respond to less than 1
percent of calls within the City when all available units are
out-of-service on other responses.
ATTACHMENT D
EMERGENCY MEDiCaL BERVICE8
TI~,~N~NO COORDiNATOR/OFFiCER - 000
GENERAL DEFINITION OF WORK;
Develop, implement and coordinate all emergency medical services
(EMS) training activities. Training to be provided for all pre-
hospital care providers to include career staff, volunteers and
fire department first responders in accordance with State
certification and recertification requirements. Update personnel
on protocol enhancements and provide orientation to new personnel.
Develop and implement a training schedule thatmeets the needs of
all EMS providers and is in accordance with state certification
requirements;
Maintain agency certification conforming to State Department of EMS
guidelines;
Coordinate EMT-A class, shock-trauma, cardiac technician and other
emergency medical classes as required;
Coordinate ACLS certification or recertification class annually;
Coordinate EMS hazardous materials response training;
Coordinate public education programs, classes;
Coordinate heavy and tactical rescue training;
Coordinate all other training activities related to the provision
of emergency medical services;
Coordinate orientation programs for new EMS employees;
Make recommendations to the Manager of Emergency Medical
Services/EMS relative to training needs and funding requirements;
Maintain current training re~ords of all EMS providers (career,
volunteers, and fire department personnel);
Assist the Manager of Emergency Services/EMS dur%ng emergencies;
Liaison with valley and regional EMS training officers identifying
training needs and enhancements;
Subject to involuntary overtime and recall 24 hours a day in
response to emergencies;
Other duties as assigned by the Manager of Emergency ServiceS/EMS.
KNOWLEDGE. SKII3,S AND ABILITIES;
Comprehensive knowledge of all facets of Emergency Medical
Services; ability to work well with others; ability to educate
providers in the delivery of all levels of pre-hospital care in
accordance with state and regional protocols; ability to develop
and coordinate a complex training schedule; ability to prepare
written reports and make oral presentations; ability to accept
responsibilities and carry out directives; ability to work with
career providers, volunteers, fire department personnel and other
related agencies.
Attachment D
Page 2
EDUCATION AND EXPERIENCE:
Any combination of education and experience equivalent to
graduation from a community college with extensive experience in
the delivery of pre-hospital care. Experience in heavy and
tactical rescue and fire operation preferred.
SPECIAL REOUIREMENTS;
Must have and maintain Virginia State Paramedic certification,
Virginia State EMT-A instructor certification or obtain within six
months of employment; must have and maintain ACLS instructor
certification or obtain within 12 months. Current CPR instructor
certification or obtain within 6 months of employment. Possession
of a valid Virginia driver,s permit.
ATTACHMENT "E"
AGREEMENT
THIS AGREEMENT entered into the day of ,
1993, by and between the CITY OF ROANOKE, VIRGINIA, a municipal
corporation organized and existing under the laws of the
Commonwealth of Virginia, hereinafter referred to as the "CITY",
and ROANOKE EMERGENCY MEDICAL SERVICES, INC., hereinafter referred
to as "REMS";
WITNESSETH:
THAT FOR AND IN CONSIDERATION of the undertakings of the
parties of this contract, the CITY and REMS do hereby covenant and
agree as follows:
D~nitions - For the purpose of the Agreement,
words and phrases shall have the meanings
ascribed to them in this section:
the following
respectively
Advanced Life SUDDort (ALS) - a sophisticated level of
pre-hospital emergency care provided by the following
categories of EMS personnel: EMT-Shock Trauma
Technicians, EMT - Cardiac Technicians, and EMT-
Paramedics. Skills performed are basic life support
functions including cardiopulmonary resuscitation (CPR)
plus cardiac monitoring, cardiac defibrillation,
administration of antiarrythimic agents, intravenous
therapy, administration of specific medications, drugs
and solutions, use of adjunctive ventilation devices,
trauma care, and other authorized techniques and
procedures.
Be
Attendant-in-Charqe (AIC) - any person certified pursuant
to rules and regulations of the Board of Health,
Commonwealth of Virginia as responsible for the care of
a patient with respect to the provision of emergency
medical services.
Basic Life SuDDort (BLS) - a level of pre-hospital care
which includes the recognition of life threatening
conditions which may result in respiratory and cardiac
arrest, the application of life support functions
including cardiopulmonary resuscitation (CPR), and the
use of adjunctive techniques and procedures.
Career - a compensated professional provider employed by
the City.
E. Commissioner - the State Health Commissioner.
Page 2
Department of Emeraencv Medical Services. City of Roanokm
(DEMS) - responsibl~ for the administration and
coordination of all emergency medical services and
related programs within the City.
Emeraencv Medical Services {EMS) - services utilized in
responding to the perceived individual needs for
immediate medical care in order to prevent loss of life
or aggravation of physiological or psychological illness
or injury including any or all of the services which
could be described as first response, basic, advanced and
specialized life support, patient transportation, medical
control and rescue.
EMS Personnel - persons responsible for the direct
provision of emergency medical services in a given
medical emergency including any or all persons who could
be described as an attendant-in-charge or operator.
EMS Vehicle - any publicly or privately owned vehicle or
craft that is specifically designed, constructed, or
modified and equipped, and is intended to be used for and
is maintained or operated, to provide emergency medical
services, including any vehicle which could be described
as an ambulance.
Emergency Medical Technician - Ambulance (EMT-A) - a
person trained and certified in emergency medical care in
accordance with standards prescribed by rules and
regulations of the Board of Health, Commonwealth of
Virginia governing EMS, and to one of several levels of
training as specified by state regulations (Shock-Trauma
Technician, Cardiac Technician, and Paramedic).
EMS Supervisor - career supervisory personnel responsible
for daily management of EMS field operations.
On-Duty Shift Personne~ - providers assigned to a shift
or otherwise dedicating a minimum of 4 hours of coverage.
Operator - A person certified pursuant to rules and
regulations of the Board of Health, Commonwealth of
Virginia governing EMS as responsible for the operation
of an emergency medical services vehicle. In addition to
the minimum requirement established by the state, all
operators are to be certified to a minimum of EMT-A.
Page 3
Provider - professional career or volunteer personnel who
have successfully completed program pre-requisites for
providing pre-hospital care and other associated
functions within the city.
escue tation 2 - EMS station located at 374 Day Avenue,
S.W. owned and maintained by REMS.
PJ
Rescue Sta 'on 3 - EMS station located at 3502 Birchwood
Avenue, N.E. owned and maintained by REMS.
Rescue Station 4 - EMS station located at 2327 MelroSe
Avenue, N.W. leased and maintained by the CITY.
Class A EMS Vehicle - an optional unit intended solely
for the immediate and/or logistic response to a medical
emergency for delivery of pre-hospital care until the
arrival of a class of EMS vehicle which is designated for
patient care and transport.
Class B EMS Vehicle - Primarily intended for the response
to a medical emergency for the delivery of basic life
support, and for the transportation of patients who
require such care.
Class C EMS Vehicle - Primarily intended for the response
to a medical emergency for the delivery of basic and
advanced life support, and for the transportation of
patients who require such care.
U. Volunteer - a non-compensated professional provider.
H. Ambulances. equipment, supplies and facilities
A. REMS shall provide EMS vehicles as follows:
Rescue Station 2
Three (3) Class C EMS Vehicles
One (1) medium duty crash truck
Rescue Station 3
Two (2) Class C EMS vehicles
One (1) light duty crash truck
Rescue Station 4
One (1) Class C EMS vehicle
Page 4
Be
Ce
DEMS shall be notified by the REMS Equipment Coordinator
when vehicle availability does not meet these
requirements.
Evaluation and reassignment of EMS vehicles may be made
at the request of the EMS Advisory Board and approved by
DEMS as deemed appropriate to meet the needs of
community.
EMS vehicles are to remain at assigned facilities and be
readily available for response. Exceptions will include
when vehicles are active on a local response, mutual aid
responses, out-of-service for repairs or as otherwise
approved by appropriate REMS representative or EMS
Supervisor).
EMS vehicles will remain within the City limits unless
active on a mutual aid response or participating in an
approved function (i.e. VAVRS convention, training,
etc.). Approval for these functions must be obtained by
the REMS Operations Officer and REMS Equipment
Coordinator with notification to the DEMS.
Preventative maintenance will be performed on all
vehicles to ensure the highest standard of operations and
provide safety for all persons transported. Checking of
routine maintenance items such as oil, water, gas, tire
pressure, lights, communication equipment and sirens
shall be the responsibility of on-duty providers assigned
to the EMS vehicle. Such maintenance shall be referred
to herein as first echelon maintenance.
Unscheduled repairs or maintenance to EMS vehicles shall
be known as second echelon maintenance. REMS Equipment
Coordinator will be notified of such second echelon
maintenance to a REMS-owned vehicle and said vehicle will
be delivered to an appropriate repair facility. If
required repairs or maintenance results in failure to
meet vehicle allocation requirements identified in
section II.A of this document, the REMS Equipment
Supervisor will notify the DEMS.
Appropriate equipment and supplies for the delivery of
basic and advanced life support care shall be provided as
outlined in section 4.2 of the Rules and Regulations,
Board of Health, Commonwealth of Virginia governing EMS.
Page 5
REMS shall not dispose of or transfer ownership of any
property or equipment heretofore or hereafter donated by
the CITY to REMS without written agreement of the CITY.
Should REMS cease to operate as a non-profit organization
providing emergency medical service to the public, all
right, title and interest of REMS in property or
equipment heretofore and hereafter donated by the CITY
shall vest in the CITY. REMS agrees, upon request of the
CITY, to execute any documentation or take any other
steps reasonably required to record, document or
facilitate the transfer of ownership of such property or
equipment to the CITY.
REMS shall be responsible for the maintenance and upkeep
of Rescue Station 2 and 3. The CITY shall be responsible
for the maintenance and upkeep of Rescue Station 4 and
all other CITY facilities which may house EMS vehicles
and personnel.
III. Personnel
Providers must meet all requirements identified in Part
V of the Rules and Regulations, Board of Health,
Commonwealth of Virginia governing EMS.
Providers shall adhere to the personnel operating
procedures recommended by the City's EMS Advisory Board
and approved by REMS Board of Directors with final
approval by DEMS.
The CITY shall employ or make available a sufficient
number of providers for staffing during periods when
volunteer coverage is determined to be inconsistent on a
regular basis in order to achieve the level of service
and standard of care approved by City Council.
Career providers shall be hired by the CITY based on
merit and fitness pursuant to the Code of the City of
Roanoke (1979), as amended, and the Personnel Operating
Procedures of the CITY.
Ee
REMS shall schedule an adequate number of volunteer
providers to staff Rescue Stations 2 and 3 at nights
between 7:00 p.m. and 7:00 a.m. and weekends supported by
one (1) career ALS provider at each station. Minimum
REMS staffing to achieve identified service levels and
standard of care set forth by City Council:
Page 6
Fe
Weekd&~s
7:00 p.m. - Midnight
1 ALS/4 BLS 1 BLS
Midnight - 7:00 a.m.
1 ALS/2 BLS 1 BLS
Weekends (Saturday 7:00 a.m. - Monday 7:00 a.m.)
7:00 a.m. - Midnight 1 ALS/4 BLS 1 BLS
Midnight - 7:00 a.m. 1 ALS/2 BLS 1 BLS
REMS volunteers shall be selected through an approved
membership process in accordance with Part V of the Rules
and Regulations, Board of Health, Commonwealth of
Virginia governing EMS and established local standards.
EMS vehicle staffing shall be in compliance with Sections
5.2.A, 5.2.B and 5.2.C of the Rules and Regulations,
Board of Health, Commonwealth of Virginia governing EMS.
In addition, all operators are required to be a minimum
EMT-A Virginia State certified.
Ail EMS agencies operating within the City shall be in
compliance with Part III, Rules and Regulations, Board of
Health, Commonwealth of Virginia governing EMS relative
EMS agency licensure.
Personnel files for all providers shall be maintained to
include the following:
1. Training records,
2. Virginia drivers or chauffeurs license,
3. EVOC or defensive driving certification, if
applicable; and,
4. Current address and telephone number.
Complaints received relative to an EMS response or
provider shall be investigated by REMS and the CITY.
The Quality Assurance Committee and the Operational
Medical Director will investigate all complaints relative
to clinical performance. Appropriate disciplinary action
will be taken by respective administrative staffs to
address valid complaints. Repetitive clinical
performance deficits may result in decertification within
the CITY.
Page 7
IV. Administration
ae
Providers shall conform to adopted operating procedures
to ensure the orderly and proficient performance of this
Agreement.
Be
Complete financial records and transaction of accounts
made in connection with this Agreement shall be
maintained. Such records include, but will not be
limited to, purchase of supplies and equipment,
administrative cost, and funds expended for training and
continuing education.
Upon receipt of reasonable notice, REMS shall make
available to the CITY or its authorized agent, or its
independent auditors, personnel and financial records as
the same pertains to the performance of services pursuant
to this Agreement.
De
Pre-hospital care run reports, patient medical status and
patient complaint investigation reports will be centrally
housed and will be available according to established
guidelines. All reports and records must be complete.
The CITY shall provide to REMS monthly statistical
reports generated from the Emergency Communications
Center as well as specific dispatching information, and
daily incident reports upon request.
The City's Manager of Emergency Services/EMS or
designated agent shall serve as liaison between REMS and
the CITY. Any notice or formal communications from REMS
to the CITY shall be addressed to the following:
Department of Emergency Medical Services
215 Church Avenue, S.W.
Room 154, Municipal Building
Roanoke, Virginia 24011
REMS liaison with the CITY shall be the elected
operations officer. Any notice or formal communications
from the CITY to REMS shall be addressed to the
following:
Roanoke Emergency Medical Service,
P.O. Box 1801
Roanoke, Virginia 24008
IRc.
Page 8
Ve
RE~S shall submit an annual budget by February 15 of each
year. Funding for operational costs and capital equipment
will be reviewed and provided subject to approval through
the normal CITY budget process.
The CITY shall be responsible for approving all
contracts, memoranda of understanding, and agreements
relating to the delivery of emergency medical services
within the City.
O_oerations
The CITY shall attempt to ensure that service levels and
performance standards established and approved by City
Council are achieved.
Ail new personnel will successfully complete an approved
orientation program recommended by the City's EMS
Advisory Board prior to the end of an established
probationary period.
Ce
EMS personnel will not participate in the provision of
patient care (responding on calls) until completion of
OSHA training provided by the CITY.
An on-going program for volunteer recognition to enhance
volunteer recruitment and retention shall be established
and maintained by REMS and DEMS.
Ee
An annual training program shall be established for EMS
personnel with a minimum of 3 hours per month. The
training program must be approved by DEMS. Attendance
records of all training will be maintained with
appropriate documentation provided to the State
Department of EMS for continuing education credits.
EMS Supervisor shall be responsible for emergency medical
field operations, ensuring efficient and appropriate
utilization of resources, and ensuring that the standard
of care identified in local, regional, and State
protocols is provided.
Ail requests for emergency medical assistance shall be
dispatched through the City's Emergency Communications
Center. Providers shall document as a permanent record
each emergency response. Records will include:
Page 9
Je
State patient pre-hospital care report (PPCR) to
include the following information:
Incident date and number, unit status times, unit
number, agency name and number, address of call,
receiving hospitai, patient's full name and
address, age, race, sex, DOB, social security
number, medical insurance information, medical
history, allergies, medications, chief complaint,
all vitals taken, type of call, medical complaint,
site of injury, procedures performed, history of
present illness/injury and care rendered, IV and
drug procedures, drug/IV box exchange information,
MVA type, MVA impact, restraints, no patient,
transport status, non-transport status, hospital
communications, refusals, and a minimum of two (2)
providers signatures.
Providers shall be responsible for obtaining and
documenting required EMS billing information. This
information includes appropriate charge, patient
name, social security number, DOB, home phone
number, medical insurance information, patient/
guardian signature and signature of AIC.
EMS units will be dispatched as recommended by the City's
Computer Aided Dispatch (CAD) system. Dispatch sequence
files will recommend appropriate response by nature of
call. Response areas are established by DEMS.
Providers shall, at all times, operate EMS vehicles in
accordance with all applicable local and state laws and
as defined in SOPs governing emergency vehicle operation.
REMS and the CITY will establish minimum criteria which
all providers must meet in order to operate EMS vehicles.
Providers shall inventory and properly stock all EMS
vehicles with appropriate medical supplies accordance
with state regulations. These supplies shall be
furnished by REMS.
A Quality Assurance Committee comprised of CITY and REMS
personnel shall meet every two (2) weeks specifically to
review patient reports as they relate to standard of care
delivered and identification of training deficiencies.
Page 10
The partnership between the CITY and REMS shall have a
goal of responding to all ALS calls in 8 minutes or less
90 percent of the time, and all BLS calls in 12 minutes
or less 90 percent of the time.
Providers shall adhere to the standard operating
procedures recommended by the City's EMS Advisory Board
and approved by REMS with final approval by DEMS.
Oe
REMS shall provide to the CITY five (5) days in advance
a monthly shift schedule identifying volunteer coverage
at Rescue Stations 2 and 3. REMS Operations Officer is
responsible for the distribution of volunteer personnel
to ensure adequate coverage as identified heretofore.
Pe
REMS shall schedule College of Health Sciences students
and any other individuals observing or otherwise
performing clinical hours within established guidelines.
Written schedule to be provided to CITY.
VI. Miscellaneous
REMS shall cause its motor vehicle liability, collision
and comprehensive insurance policy or policies to be
amended to name the CITY and CITY-employed EMS personnel
as additional insured as their interests may appear on
the above policies. The amount of motor vehicle
liability insurance maintained by REMS shall not be less
than $500,000.00 for any one accident or loss. REMS
shall furnish the CITY with a certificates evidencing the
required coverage and containing a statement to the
effect that the coverage shall not be canceled or
materially altered except after thirty (30) days written
notice to the CITY.
With respect to the subject matter of this Agreement, the
CITY, its officers, agents and employees shall assume no
liability for the wrongful acts or omissions of REMS or
their officers or members; REMS, their officers and
members shall assume no liability for the wrongful acts
or omissions of the CITY or its officers, agents and
employees.
Page 11
Ce
Fe
REMS agrees to comply with the provisions of Section
23.1-20 of the Code of the City of Roanoke, a copy of
which is attached as Exhibit A and incorporated herein by
reference.
In the performance of this Agreement, REMS shall not
discriminate against any contractor, subcontractor,
employee, applicant for employment or invitee because of
race, religion, color, sex or national origin , except
where race, religion, color sex or national origin is a
bona fide qualification reasonably necessary to the
normal operation of REMS.
The parties recognize and covenant that in providing
services under this Agreement, REMS is acting as an
independent contractor and not as an agent or employee of
the City.
The initial term of this Agreement shall be for a period
of one year commencing February 1, 1993. This Agreement
shall automatically be renewed for additional one year
periods unless either party shall, thirty (30) prior to
the expiration of any term, give written notice to the
other party of the intent not to renew the Agreement.
During the initial term of the Agreement and any
extension, the CITY or REMS may terminate this Agreement
prior to the expiration of the term by giving forty-five
(45) days written notice to the other party.
This Agreement constitutes the entire Agreement between
the CITY and REMS and supersedes all prior negotiations,
representations or agreements, either oral or written,
including the agreement dated September 5, 1989. This
Agreement may be amended only by written instrument
signed by proper authorized officials on behalf of the
CITY and REMS.
Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
signed by their duly authorized officers on the day and dates
written above.
CITY OF ROANOKE
By: ATTEST:
CITY MANAGER
CITY CLERK
ROANOKE EMERGENCY MEDICAL SERVICES, INC.
By: WITNESS:
REMS PRESIDENT
EXHIBIT "A"
PROCUREMENT § 23.1-20
the bid proposal and contract shall be fully executed and sub-
mitted to the city within fifteen (15) calendar days after notifica-
tion of the award of bid. If the executed escrow agreement form is
not submitted within such fifteen-day period, the contractor shall
forfeit his rights to the use of the escrow account procedure.
(b) In order to have retained funds paid to an escrow agent, the
contractor, the escrow agent, and the surety shall execute the
escrow agreement form. The contractor's escrow agent shall be a
trust company, bank or savings institution with its principal of-
fice located in the commonwealth.
(c) This section shall not apply to public contracts for construc-
tion of railroads, public transit systems, runways, dams, founda-
tions, installation or maintenance of power systems for the gen-
eration and primary and secondary distribution of electric current
ahead of the customers' meter, the installation or maintenance of
telephone, telegraph or signal systems for public utilities and the
construction or maintenance of solid waste or recycling facilities
and treatment plants. (Ord. No. 29958, § 3, 3-5-90)
Sec. 23.1-20. Employment discrimination by contractor
prohibited.
Every contract of over ten thousand dollars ($10,000.00) to
which the city is a party shall contain the provisions in subpara-
graphs (a) and (b) herein:
(a) During the performance of this contract, the contractor
agrees as follows:
(1) The contractor will not discriminate against any sub-
contractor, employee or applicant for employment be-
cause of race, religion, color, sex, or national origin,
except where religion, sex, or national origin is a bona
fide occupational qualification reasonably necessary
to the normal operation of the contractor. The contrac-
ter agrees to peet in conspicuous places, available to
employees and applicants for employment, notices set-
ting forth the provisions of this nondiscrimination clause.
(2) The centracter, in all solicitations or advertisements
for employees placed by or on behalf of the contractor,
Supp. No. 24
1839
§ 23.1-20
ROANOKE CODE
will state that such contractor is an equal employment
opportunity employer.
(3) Notices, advertisements and solicitations placed in ac-
cordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the re-
quirements of this section.
(b) The contractor will include the provisions of the foregoing
subparagraph (aX1), (2) and (3), in every subcontract or
purchase order of over ten thousand dollars ($10,000.00),
so that the provisions will be binding upon each subcon-
tractor or vendor. (Ord. No. 26298, § 1, 12-6-82)
Sec. 23.1-21. Debarment.
Prospective contractors may be debarred from contracting for
particular types of supplies, services, insurance or construction
for specified periods of time. Any debarment procedure, which
may provide for debarment on the basis of a contractor's unsatis-
factory performance for the city or for violation of federal or state
laws relating to antitrust or federal or state law or local ordi-
nance relating to procurement, shall be established in writing by
the city manager. (Ord. No. 26298, § 1, 12-6-82)
Sec. 23.1-22. Legal actions.
(a) A bidder or offeror, actual or prospective, who is refused
permission or disqualified from participation in bid'~ll~ sh~b~
notilled ~n wriung. ~uch notice sha~ ~a--~-~he reasons for the
action taken. This decision shall be final unless the bidder or
offeror appeals within thirty (30) days of receipt of such notice by
instituting legal action as provided in section 11-70 of the Code of
Virginia. If, upon appeal, it is determined that the action taken
was arbitrary or capricious, or not in accordance with the Con-
stitution of Virginia, statutes or regulations, the sole relief shall
be restoration of eligibility.
(b) Any bidder who, despite being the apparent low bidder, is
determined not to be a responsi~ for a particular contract
shall be notih~ed in writing. Such notice shall state the basis for
the determination, which shall be final unless the bidder appeals
the decision within ten (10)-days by instituting legal action as
i Supp. No. 24 1840
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION providing for the overall coordination of pre-
hospital care in the City and authorizing the City Manager to enter
into a contract between the City and Roanoke Emergency Medical
Services, Inc. relating to provision of emergency medical services.
WHEREAS, the provision of pre-hospital care on a timely and
effective basis is critical to the safety and welfare of the
citizens of the City; and
WHEREAS, this Council recognizes the need for on-going
coordination of all agencies authorized to provide pre-hospital
care in the City; and
WHEREAS, the City's Department of Emergency Medical Services,
a department within the Directorate of Public safety, is
responsible for coordinating the efforts of all agencies providing
pre-hospital care within the City; and
WHEREAS, this Council recognizes that volunteers are an
important component of the City's emergency medical system; and
WHEREAS, this Council concurs in the City Manager's intention
to appoint an Emergency Medical Services Advisory Board which will
be responsible for advising and consulting with the City Manager or
his designee regarding the provision of Emergency Medical Services
in the City and which will perform other duties and
responsibilities related to such services as requested by the City
Manager or his designee.
NOW, THEREFORE, BE IT RESOLVED by the council of the City of
Roanoke that:
1. The City's Department of EmergenCy Medical Services shall
be responsible for monitoring compliance with standards by agencieS
providing pre-hospital care within the City and for reCO~unending
appropriate action by thiS CounCil with regard to applications for
state licensure by emergenCy medical services agencies which wish
to operate in the City. ~ ~. h~ha Of the City, is
· aha er, for anu u~. .... If
2. The C~ty M g - ~ontract between the City and Roanoke
authorized to enter intO u u ..... to provision of
EmergenCy Medical ServiceS, Inc., re£au~n9 such
services and coordinatiOn of provision of
emergenCy medica~=e City and volunteer components in substant~a~~
services between ~n , u
the form attached to the City Manager s report to council ~au~
1 1993, upon approval of the form of the contract by the
january 1 , such other terms and conditions as deemed
City Attorney, and upon
necessary and appropriate by the City Manager.
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 Clerk
January 14, 1993
File #60-429
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31309-011193 amending and reordaining certain
sections of the 1992-93 General Fund Appropriations, providing for the transfer of
$250,000.00 from Reserve for Retiree Raises to City Retirement - Residual Fringe
Benefits, in connection with a cost-of-living raise granted to City retirees, pursuant
to Ordinance No. 31005-051192 adopted on May 11, 1992. Ordinance No. 31309-011193
was adopted by the Council of the City of Roanoke at a regular meeting held on
Monday, January 11, 1993.
Sincerely, ~L~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Ene.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Doris Peters, Retirement Administrator
Mr. Barry L. Key, Manager, Office of Management and Budget
1992-93
emergency.
WHEREAS,
Government of the
exist.
IN THE COUNCIL OF THE CITY OF RO~OKE, VIRGINIA
The llth day of January, 1993.
No. 31309-011193.
AN ORDINANCE to amend and reordain certain sections of the
General Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Annromriations
Nondepartmental
Residual Fringe Benefits (1) ......................
Fund Balanoe
$ 12,334,489
1,520,422
Reserved Fund Balance $ 8,913,268
Reserve for Retiree Raises (2) .................... -0-
1) city Retirement (001-004-9110-1105) $ 250,000
2) Reserve for
Retiree
Raises (001-3341) $(250,000)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
OEPARTMENT OF FINANCE CITY
CITY OF ROANOKE, VA,
January 11, 1993
'93 JAN -5 P3:02
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Acting Director of Finance
City of Roanoke Pension Plan - Cost-of-Living Raise
On May 11, 1992 city Council approved a 3% permanent cost-of-
living raise for eligible members of the City of Roanoke Pension
Plan by Ordinance No. 31005-051192.
On July 31, 1992, 882 retirees received this increase based on
the following qualifications:
· retired on or before June 30, 1991;
· earned 120 months (10 years) of creditable service before
retirement (except occupational disability); and
· spousal qualifications based on above requirements for
employee/retiree.
The July 31, 1992 monthly increase in pensions for the cost-
of-living adjustment was $12,060, which equates to an annual amount
of $144,720. The total estimated cost of this increase is
$1,133,000 based on current actuarial assumptions.
In order to partially address the funding requirements of this
increase, a one-time lump sum payment of $250,000 was designated
from the FY1992 year-end fund balance. The attached budget
Honorable Mayor and Members
of City Council
January 11, 1993
Page 2
ordinance appropriates $250,000 to the General Fund, account number
001-004-9110-1105, to be transferred to the city of Roanoke Pension
Plan. I recommend your approval of this budget ordinance.
~lrector of Finance
JDG:s
Attachment
cc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Doris Peters, Retirement Administrator
MARy F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
REVISED
January 14, 1993
SANDRA H. EAK/N
Deputy City Clerk
File//137-467
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
Your report recommending that Council schedule a public hearing to consider an
amendment to the City Charter which would permit the School Board to establish a
school opening date in advance of Labor Day, was before the Council of the City of
Roanoke at a regular meeting held on Monday, January 11, 1993.
On motion, duly seconded and unanimously adopted, Council concurred in the
recommendation and scheduled a public hearing for Monday, January 25, 1993, at
2:00 p.m., or as soon thereafter as the matter may be heard.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Grisso, Acting Director of Finance
Mr. Finn D. Pincus, Chairperson, Roanoke City School Board
Dr. Frank p. Tota, Superintendent of Schools
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board
ITY OF ROANOKE
RECEI~,'~
CITY C! ~ r, <Oi~FI~E OF THE CITYATTORNEY
464 MUNICIPAL BUlL.DING
'A'~ ROANOKE, 'VIRGINIA 24011-15~5
'93 JAN--7 AlO'-r.' T£LEPflO#E'70~.12431
TELECOPIER: 70~1-2940
WILBURN C. DIALING, JR.
CITY ATTO RtJEY
January 11, 1993
WILLIAM X PARSONS
MARKALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
ASSISTANT CITY AITORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Proposed Charter amendment as to school openinq date
Dear Mrs. Bowles and Gentlemen:
The City's Legislative Program for the 1993 Session of the
General Assembly includes an item requesting relief from S22.1-79,
Code of Virginia (1950), as amended, which requires that local
school boards establish school calendars so that the first day of
the school year shall fall after Labor Day. As you know, this
provision creates a hardship for western Virginia school divisions
which may have an abnormal number of closing days due to inclement
weather.
At the meeting held with the City's legislative delegation on
January 4, 1993, one of our legislators suggested that this
proposal might be best addressed through a Charter amendment.
Therefore, I am recommending that City Council establish a public
hearing on January 25, 1993, with respect to a proposed Charter
amendment which would permit the local School Board to establish a
school opening date in advance of Labor Day. If City Council is
agreeable to the proposed public hearing, I will prepare the
required legal notice to be published by the City Clerk in
accordance with S15.1-835, Code of Virginia (1950), as amended.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Jr.
City Attorney
WCD:f
cc: The Honorable Chairman and Members,
Dr. Frank P. Tota, Superintendent
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
Roanoke City School Board
C TY ROA Q 0
OFFICE OF THE CITY~'IDI'ORlg~-'¥ [; !,;i_-
4~ MUNICIPAL ~I~ING
,~o.~: ~,.~, - AIO :43
WILBURN C. DIBUNG, JR.
January 11, 1993
WILLIAM X PARSONS
MARK ALLAN WILLIAMS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
ASSISTANT ClTf ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Animal control requlations
Dear Mrs. Bowles and Gentlemen:
At the City Council meeting of January 4, 1993, Walker Nelms
and others presented to City Council proposals intended to reduce
the population of stray dogs and cats and thereby reduce the number
of animals required to be euthanized. At the Council meeting, Mr.
Harvey inquired as to the current fees for licensure and
impoundment of dogs and cats, and I am pleased to provide an early
response to this request.
The annual license fees, which apply to dogs only, are as
follows:
Each female dog ..................... $10.00;
Each male dog ....................... $ 7.50;
Each spayed or neutered dog ......... $ 5.00.
and
As you can see, the philosophy of the license fee schedule is to
encourage spaying or neutering of dogs which advances one of the
objectives of those persons who appeared before Council on January
4.
With respect to impoundment, the fees applicable to dogs and
to cats are as follows:
First impoundment of animal .......... $10.00;
Second impoundment of animal within
twelve consecutive months ............ $20.00;
Third or successive impoundment of
animal within twelve consecutive
months ...... $30.00;
Daily b~i~i~'~::::::::.::.::::...$ S.O0.
and
The impoundment and boarding fees were increased by City Council on
July 13, 1992 (Ordinance No. 31091-071392), and City Council's
intent in establishing a graduated fee schedule was obviously to
create a deterrent for irresponsible persons who might allow their
The Honorable Mayor and Members
of City Council
January 11, 1993
Page 2
pets to run at large thereby contributing to disease transmission
and pet overpopulation problems.
The proposals of Mr. Nelms and his group were referred to the
City Manager and me and will be addressed as quickly as possible.
I did, however, want to provide a timely response to Mr. Harvey's
question.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Jr.
City Attorney
WCD:f
CC:
Mr. Walker Nelms
W. Robert Herbert, City Manager
George C. Snead, Director, Public Safety
MARY F. PARKER
City C]erk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #288-468
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under, date of J.a. nuary 11, 1993. Ordinance No. 31310-
011193 Was adopted by the Council of the C~ty of Roanoke at a regular meeting held
on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: s m
Eno.
pc:
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director, Public Works
Mr. Charles M. Huffine, City Engineer
Mr. L. Bane Coburn, Project Manager
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. Kit B. Kiser, Director, Utilities and Operetions
Mr. M. Craig Sluss, Manager, Water Preduction
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
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File //288-468
Mr. Arthur M. Dore, President
Dore and Associates Contracting, Inc.
P. O. Box 146
Bay City, Michigan 48707
Dear Mr. Dore:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eno.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke Vir~/nia 24011
Te ephone: (703) 981-2541
January 14, 1993
SAND~ H. EAKIN
Deputy City Clerk
File ~288-468
Mr. Fred R. Webster, President
Webster Environmental, Inc.
P. O. Box 286
Ruffin, North CareHna 27326
Dear Mr. Webster:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under, date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Erie.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File//288-468
Mr. D. Bowen Hyatt
Vice President
Insulation Specialties, Inc.
P. O. Box 127
Hopewell, Virginia 23860
Dear Mr. Hyatt:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of !~ebster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedeseribed project.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
EI1C o
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
January 14, 1993
File #288-468
Mr. Steven C. Cochran
Vice President
HICO, Inc.
P. O. Box 807
Christiansburg, Virginia 24073
Dear Mr. Cochran:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedesceibed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
EFIC.
MARy F. PAIntER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 14, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #288-468
Mr. Daniel W. Hendricks
Vice President
Falcon Associates, Inc.
103 Commercial Park Drive
Concord, North Carolina 28025
Dear Mr. Hendricks:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of ~J.anuary 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the C~ty of Roanoke at a regular meeting held
on Monday, January, 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedeseribed project.
Sincerely, ~O~.c.~__
Mary F. Parker, CMC/AAE
City Clark
MFP: sm
Eric.
MARY F. PKRKER
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
January 14, 1993
File #288-468
Mr. William M. Greene, President
Atlantic Environmental Construction Co.
847 Seahawk Circle
Suite 103
Virginia Beach, Virginia 23452
Dear Mr. Greene:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
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
January 14, 1993
File #288-468
Mr. W. H. Skipper, Jr.
Vice President
Enpuricon, Inc.
2420 Reliance Avenue
Apex, North Carolina 27502
Dear Mr. Skipper:
I am enclosing copy of Ordinance No. 31310-011193 accepting the bid of Webster
Environmental, Inc., in the amount of $35,000.00, for asbestos abatement and
related work at the Carvins Cove Filter Plant, as more particularly set forth in a
report of the City Manager under date of January 11, 1993. Ordinance No. 31310-
011193 was adopted by the Council of the City of Roanoke at a regular meeting held
on Monday, January 11, 1993.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed project.
f-"X a.,~.~ ~.Sincerely' ~O,~ .
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The llth day of January, 1993.
NO. 31310-011193.
VIRGINIA,
AN ORDINANCE accepting the bid of Webster Environmental, Inc.
for asbestos abatement and related work at the Carvins Cove Filter
Plant, upon certain terms and conditions, and awarding a contract
therefor; authorizing the proper City officials to execute the
requisite contract for such work; rejecting all other bids made to
the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The bid of Webster Environmental, Inc.,in the total
amount of $35,000.00, for asbestos abatement and related work at
the Carvins Cove Filter Plant, as more particularly set forth in
the January 11, 1993 report of the City Manager to this Council,
such bid being in full compliance with the City's plans and
specifications made therefor and as provided in the contract
documents offered said bidder, which bid is on file in the Office
of the City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the
City's specifications made therefor, said contract to be in such
form as is approved by the City Attorney,
to
and the cost of said work
be paid for out of funds heretofore or simultaneously
appropriated by Council.
3. Any and all other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its Passage.
ATTEST:
City Clerk.
REC£, V.?
CITY ~ '~-,~.?
'93 J~N-6 P4:50
Roanoke, Virginia
January 11, 1993
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Asbestos Abatement Project
Carvins Cove Filter Plant
8192 Angel Lane, N.E.
Roanoke, Virginia
I concur with the recommendation of the attached Bid Committee
Report.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/LBC/fm
Attachment: Bid Committee Report
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Citizens, Request for Services
City Engineer
Construction Cost Technician
Manager, Water Department
Roanoke, Virginia
January 11, 1993
Honorable Mayor and Members
of City Council
Roanoke, Virginia
Subject:
Bid Committee Report
Asbestos Abatement Project
Carvins Cove Filter Plant
8192 Angel Lane, N.E.
Roanoke, Virginia
I. Backqround:
A. City Council, at its December 7, 1992 meeting, publicly
opened and read aloud the bids received for the Asbestos
Abatement project at the Carvins Cove Filter Plant.
B. Seven (7) bids were received with Insulation Specialties,
Inc. of Virginia submitting the apparent low bid in the
amount of ~16,417.00 and 45 consecutive calendar days.
However, Insulation Specialties, Inc. had not added the
cost of disposing of the materials that contained lead
paint (several wood windows and a number of cast iron
radiators). Disposal of lead paint is treated
differently than asbestos disposal. Notice in writing
was given by Insulation Specialties, Inc. to the City of
Roanoke along with their working papers (estimation work
sheets) on the next day following the bid opening as set
forth in part (i) of 11-54.A, Code of Virginia (1950), as
amended. The next lowest bidder was Webster Environ-
mental, Inc., in the amount of $35,000.00.
C. Work consists of the removal of asbestos containing
materials at the Carvins Cove Filter Plant and the dam
intake structure. The roof of the low lift pump station
also contains asbestos but no work is to be done on that
surface.
There are several wood windows with lead paint to be
removed in remodeling the Main Building Laboratory and
office space. Also, several cast iron radiators in the
filter bed portion of the Main Building are painted with
lead base paint. Since these radiators are not to be
used in the remodeled building, they are to be removed
and disposed of properly.
Members of Council
RE: Asbestos Abatement/Carvins Cove Filter Plant
January 11, 1993
Page 2
II.
Issues in order of importance are:
A. ComDliance of the bidders with
contract documents.
B. Amount of the low bid.
C. Fundinq for the project.
D. Time of completion.
the requirements of the
III. Alternatives are:
Award a lump sum contract to Webster Environmental, Inc.
in the amount of $35~000.00 and a specified time of 45
consecutive calendar days for Asbestos Abatement at th-~
Carvins Cove Filter Plant in accordance with the contract
documents as prepared by HDH Technical, Inc.
Compliance of the bidders with the requirements of
the contract documents bid submittal requirements
was met. The low bidder, Insulation Specialties,
Inc., submitted their work papers on December 8,
1992, showing an error in their bid tabulation in
accordance with part (i) of 11-54.A, Code of
Virginia (1950) as amended and therefore their bid
was non-responsive.
Amount of the lowest responsive bid in the amount of
~35,000.00 from Webster Environmental, Inc., is
acceptable. Estimated cost of the project was
$40,000.00.
3. Fundinq for the project is in the Carvins Cove
Improvement Phase I Account No. 002-056-8353-9060.
4. Time of completion is specified as 45 consecutive
calendar days. --
Do not award a contract at this time.
1. Compliance of the bidders with the requirements
the contract documents would not be an issue.
of
Members of Council
RE: Asbestos Abatement/Carvins Cove Filter Plant
January 11, 1993
Page 3
IV.
2. Amount of the low responsive bid would probably
change if re-bid at a later date.
3. Fundinq would not be encumbered at this time.
4. Time of completion would be extended. It is
anticipated that this work will be completed before
the Carvins Cove Improvements, Phase I contractor
starts work inside any of the buildings.
Reco~tmendation is that City Council take the following
action:
WW/LBC/fm
Concur with the implementation of Alternative A.
Authorize the City Manager to enter into a contractual
agreement, in form approved by the City Attorney, with
Webster Environmental, Inc., for Asbestos Abatement and
related work at the Carvins Cove Filter Plant in
accordance with the contract documents as prepared by HDH
Technical, Inc., in the amount of $35~000.00 and the
specified time of 45 consecutive calendar days.
Fundinq is available in Carvins Cove Improvements, Phase
I Account No. 002-056-8353-9060.
Reject the other bids received.
Respectfully submitted,
William White, Chairman
M. Cra~ ~ldss
Attachment: Tabulation of Bids
Members of Council
RE: Asbestos Abatement/Carvins Cove Filter Plant
January 11, 1993
Page 4
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
City Engineer
Manager of Management & Budget
BID TABULATION
ASBESTOS ABA~T PROJECT
CARVINS COVE FILTER PLANT
8192 ANGEL LANE, N.W.
ROANOKE, VIRGINIA
Bids opened before Roanoke City Council on Monday, December 7, 1992, at 2:00 P.M.
CONTRACTOR BASE BID BOND
Insulation
Specialties, Inc. $16,917.00 YES
Webster Environmental, ~
Inc. $35,000.00 YES
HICO, Inc. $39,985.00 YES
F~I~- Associates, Inc. $46,200.00 YES
Atlantic Environmental
ConstructlonCo~pany $48,500.00 YES
Enpuricon, Inc. $59,224.00 YES
Dore and Associates
Contracting, Inc. $97,200.00 YES
Low bidder supplied his work papers within two days showing an error in
bid tabulation in accordance with part (i) of 11-54A, Code of Virginia
(1950) as amended.
* Bid of Webster Environmental, Inc., the bid being reco~nded.
A cvmpletlon time of 4--5 consecutive calendar days was specified.
Estimated cost= $40,000.00
liW' Craig~lues
WilliamWhite, Chairma~
BDH Technical, Inc.
827 West Salem Plaza
Salem, Virginia 24153
Office of City Engineer
~anoke, Virginia
Dec--her 28, 1992
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The llth day of January, 1993.
No. 31304-011193.
A RESOLUTION authorizing the City Manager to execute an
agreement with Roanoke At Home, a Virginia limited partnership
Partnership-), and Total Action Against Poverty in Roanoke
Valley, Inc. ("TAP"), to provide for the approval of the transfer
of five structures from TAP to the Partnership, and other matters.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. That the City Manager or the Assistant City Manager and
the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an agreement with
Roanoke At Home, a Virginia limited partnership, and Total Action
Against Poverty in Roanoke Valley, Inc., the form of which is
attached to the City Manager's report dated January 11, 1993, to
this Council, which agreement provides for the approval of the
transfer of five structures from TAP to the Partnership, permits
the execution of Notes and Deeds of Trust by the Partnership, said
Notes to be due on December 15, 2008, and the form of which is
attached to the report, and contains other terms and conditions,
all of which are more specifically set forth in the City Manager's
report dated January 11, 1993, to thls Council.
2. The form and execution of the agreement, Notes and Deeds
of Trust shall be approved by the City Attorney.
ATTEST:
City Clerk.
Honorable Mayor and Members of
Roanoke, Virginia
~9~¥~rginia
anu~a~y - ~ Ii~93
Dear Members of Council:
City Council '93 J~N-7 ~8:~3
Subject: Agreement with Total Action Against Poverty and
Roanoke At Home Limited Partnership
Background:
ae
May 13, 1991, Council authorized allocation of $145,000
of Community Development Block Grant (CDBG) funds to
Total Action Against Poverty (TAP) as part of the
overall CDBG program budget by Resolution No 30508-
51391. '
September 23, 1991, Council authorized execution of an
agreement between the City and TAP providing for the
loan of $145,000 for a period of 15 years at one percent
interest; by Resolution No. 30708-92391.
These funds were for the ~urchase of five vacant an,]
deteriorated structures which TAP intends to
rehabilitate into 12 apartments and rent to 43 formerly
homeless individuals, (the "Section 8 Moderate Rehab
SRO" project). These five structures secured payment of
five Notes totaling $145,000 in accordance with the
agreement between the City and TAP referenced in B
above.
De
SupDortive services for the 43 individuals will be
provided by nine local service agencies including TAP,
Mental Health Services, VA Medical Center, Fifth
District Employment and Training Consortium, and City
Social Services. A memorandum of agreement has been
drafted by the participating agencies to this effect.
TAP purchased the five structure~ in November and
December, 1991, and has been designing the
rehabilitation and arranging for the balance of funding
since then. See Attachment A for properties and
budgets.
II. Current Situation:
ae
Federal low income housing tax credits are a critical
component of the financing for this project, comprising
$550,000 of the equity financing for the project.
To take advantage of the tax credits, a limited partner-
ship, Roanoke at HOME, had to be formed, with the TAP
Housing Corporation as the general partner, (the
III.
Cm
Members of Council
page 2
"Partnership"). Other, taxable entities will be the
limited partners and will "buy" the tax credits, thereby
raising the $550,000 cash equity.
Enterprise Foundation of Columbia, Maryland, is tho
syndicator for this limited partnership and the tax
credits. They will continue to be involved throughout
the life of the project.
In order to satisfy IRS regulations relative to the ta~=
credits, the property had to be transferred from TAP to
the limited partnership, Roanoke At HOME, by December
31, 1992. Please see Attachment B, letter from The
Enterprise Social Investment Corporation.
Therefore, on December 22, 1992, TAP transferred
ownership of the five structures to the Roanoke At HOME
limited partnership, subject to City Council's approval
of the transaction and subject to approval of the
project by HUD and the Virginia Department of Housing
and Community Development.
The Partnership will need to execute an Agreement with
the City and TAP in order to ensure that the entity
owning the structures will be paying on the Notes which
are secured by the five properties.
Issues:
Community development objectives
Financial liability
Legal
D. Timing
IV. Alternatives:
Authorize the City Manager to execute the attached
agreement (Attachment C) between the City, the
Partnership and TAP in which the City consents to the
transfer of the five structures from TAP to the
Partnership and requires the execution of new Notes and
Deeds of Trust by the Partnership. (Attachments D and E)
1. Community development objectives would be met in
two ways:
Five vacant and deteriorated structures would
be rehabilitated and re-occupied.
43 formerly homeless single individuals wi]]
have permanent housing with rent subsidies
provided by HUD.
Members of Council
page 3
Financial liability for repayment of the City's
loan will be assumed by the Roanoke At HOME Limited
Partnership, but TAP will remain liable on previous
Notes until the Notes signed by the Partnership
have been satisfied.
Legal issues would be addressed by the attached
loan agreement meeting approval of the City
Attorney. Loan will be secured by a promissory
note and deed of trust against the property.
Timing is critical since the property has been
transferred, but needs Council approval.
Do not authorize the City Manager to execute said
Agreement between the City, the Partnership and TAP.
Community development objectives would not bo
addressed. Project cannot go forward as planned
without the low income tax credits.
Financial liability would be problematic since
property has already been transferred. TAP would
remain liable on the Notes executed pursuant to the
Agreement dated November 13, 1991, referenced
above.
Legal issues would have to be resolved with
property reverting to original owner, TAP.
Timing would not be an issue, but project would be
delayed further as alternative arrangements are
pursued.
Recommendation:
Recommendation is for Council to concur in Alternative A
which will authorize the City Manager to execute the attache,]
a~reement (Attachment CI between the City, the Partnership
and TAP in which the City consents to the transfer of the
five structures from TAP to the Partnership and requires the
execution of new Notes and Deeds of Trust by the Partnership.
(Attachments D and E)
Respectfully submitted,
W. Robert Herbert
City Manager
attachments
WRH/MTP
Members of Council
page 4
Acting Director of Finance
City Attorney
Chief of Billings and Collections
Housing Development Coordinator
Grants Monitoring Administrator
Executive Director Roanoke Redevelopment and Housing
Authority
Executive Director Total Action Against Poverty
MB:TAPSROAM.RPT
ATTACHMENT A
TAP Moderate Rehab Section 8 Project
Roanoke At Home
Budget
Assessed Purchase City
ADDRESSES Value Price Loan
1301 Rorer Avenue SW $18,800
1321 Rorer Avenue SW 10,000
1415 Chapman Avenue SW 14,500
1529 Patterson Avenue SW 22,200
609 Twelfth Street NW 47,300
$112,800
$25,000 $23,085
15,000 13,850
17,000 15,705
55,000 50,800
45,000 41,560
$157,000 $145,000
REVENUE
State SHARE loan
State Energy Grant
CDBG Loan (City)
Federal Low Income Housing Tax Credits
TAP Loan
EXPENSES
Construction Rehab
Architect
Acquisition Property/Land
Permits, Temp. electric,
City water connections
Loan Fees
Interest
Tax
Phase I Environmental Survey
Title Recording
Appraisals
Developer Fee
Performance/Payment Bond
Insurance
Legal Fees
Tax Credit Fees
Operating Reserve
Organizational Costs
Contingencies
$350,000
150,000
145,000
550,000
25,000
$1,220,000
$650,000
30,000
170,000
25,000
10,000
20,000
3,000
3,200
2,000
2,000
100,000
10,000
5,300
4,500
5,000
70,000
20,000
90,000
$1,220,000
DEC-18-1992
16:15 FROM TAP G45 4461 TO
THE ENTERPRISE SOCIAL
iNVESTMENT CORPORATION
981277J P.01
ATTACHMENT B
page 1
JAM~S W.
Dece~mber 15, 1992
Mr. Alvin Nash
Executive Director
TAP Housing Corporati0n---~
145 West Campbell Avenue ..........
Roanoke, Virginia 24011
Re: Roanoke At HOME Limited Partnershin:
Dear Alvin;
we are pleased that we may be able to provide the equity for
your Roanoke AT HOME project; however, several issues must be
resolved prior to closing. The most critical issue is that the
Partnership satisfy the "ten percent test" for a valid carryover
allocation, In order to qualify for the carryover allocation, the
Partnership,s actual basis in the Project as of December 31, 1992,
must equal more than ten percent of the reasonably expected basis
in the Project as of December 31, 1994.
To ensure that the Partnership satisfies the "ten percent
test" Total Action Against Poverty in the Roanoke Valley, Inc.
("TAP") must transfer the five buildings in the Project to the
Partnership. In exchange for the properties, the Partnership will
assume the note and mortgage for each building and TAP's
obligations under the agreement with City of Roanoke concerning the
CDBG funds ("CDBG Agreement,,).
The transfer of the buildings and assumption of the notes and
mortgages requires City approval. In addition, the maturity dates
of the notes should be extended to 2008, so that they will not be
due Prior to the end of the Compliance Period under Code section
42.
With respect to the CDBG Agreement, the following provisions
need to be amended:
Paragraph 4 of the agreement prohibits assignments.
Therefore, either the agreement should
· · be amended to
specifically allow TAP to assign the rights and duties
under the agreement to the Partnership , or the City
should Provide written consent to the assignment.
The agreement does not state when it terminates. The
agreement should terminate on the date that the
Partnership repays the loan.
· 810 AMERICAN CITY BUILDING ', COLUMBIA, MAIWIAND 2104,~
Mr. Alvin Nash
December 15, 1992
Page 2
981277~ P.02
ATTACHMENT B
page 2
Please
letter.
Paragraph 11 of the. agreement provides t -
program income ~ ............ hat {a}ny
Agreement. on hah~ .-.~ ...... of this
received fter pire _or
provision sho~'~'~_f3~_~4~cFR. 5.70.§03(b) (S). This
-~ ~ueu =o s~a=e that program income
on hand when the Agreement expire~ will be paid to the
Grantee o~nlv to the extent that th~ Sub~rantee has
repaid the loan. -
Similarly, the first sentence of paragraph 15 should be
amended to read, "upon expiration of this Agreement, or
amendments thereto, the Subgrantee shall transfer to the
Grantee and CDBG funds or Program income on hand at the
time of expiration and any accounts receivable
attributable to the use of CDBG funds to the extent that
t_he SUb~rantee has not reDald the loan.
The recitals to the Agreement refer to 46 units. The
Project has been changed and will contain only 43 units.
Paragraph 5 of the agreement refer~ to 4 of the
properties as receiving Section 8 rent subsidies under
the Moderate Rehabilitation Section 8 SRO Program. Since
the 12th street property rents are also subsidized, that
property should be lasted also.
call me after you have had a Chance to review this
vv \ r'oancdbg
Sincerely,
Vicki Vaughn
Development Officer
ATTACHMENT C
page 1
AGREEMENT
THIS AGREEMENT is made
, 19 ,
VIRGINIA, 215 Church Avenue,
"City"), and ROANOKE AT HOME,
general partner of which
("Partnership"),
and entered into this day of
by and between CITY OF ROANOKE,
S.W., Roanoke, Virginia 24011 (the
a Virginia limited partnership, the
is TAP Housing Corporation,
and TOTAL ACTION AGAINST POVERTY ("TAP").
WHEREAS, the Partnership anticipates approval from the U.S.
Department of Housing and Urban Development ("HUD") for 43 units of
Single Room Occupancy ("SRO") housing under HUD's Moderate
Rehabilitation Section 8 SRO Program, and receipt of rent subsidies
pursuant to that approval;
WHEREAS, the Partnership anticipates obtaining financial
commitment to rehabilitate these units and make them available for
homeless single men and women;
WHEREAS, the Roanoke City Council has authorized as a part of
the City's Community Development Block Grant ("CDBG") program the
loan of funds to TAP to purchase five vacant structures for this
housing purpose, and Council has, by Resolution No. 30708 adopted
September 23, 1991, authorized the execution of an Agreement dated
November 13, 1991, between TAP and the City, providing for the loan
and security of the loan;
WHEREAS, TAP purchased the five vacant structures, executed
Notes in favor of the City, and executed Corrected Purchase Money
Deeds of Trust, securing said Notes;
ATTACHMENT C
page 2
WHEREAS, TAP, a non-profit corporation, has agreed to transfer
the five vacant structures to the Partnership in exchange for the
Partnership,s agreement to assume the obligations of the aforesaid
Notes and Corrected Purchase Money Deeds of Trust securing the
loan; and
WHEREAS, HUD has declared the use of CDBG funds for this
purpose to be an eligible activity, if carried out in accordance
with applicable Federal, State and local statutes and regulations.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. TRANSFER AND ASSIGNMENT TO PARTNERSHIP:
The City shall consent to the transfer of said five (5)
vacant structures to the Partnership by TAP, and the assumption by
the Partnership of the Notes and Corrected Deeds of Trust executed
and recorded by TAP pursuant to an Agreement dated November 13,
1991, between the City and TAP, on the following conditions:
a. The Roanoke Redevelopment and Housing Authority
shall obtain from HUD its written acknowledgment of
an award of Section 8 rent subsidies under the
Moderate Rehabilitation Section 8 SRO Program to
the Partnership for those five (5) vacant
structures located at 1301 Rorer Avenue, S.W., 1321
Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., 1529
Patterson Avenue, S.W., and 609 Twelfth Street,
N.W., and the Partnership shall be entitled to
receive said Section 8 rent subsidies.
b. The Partnership shall receive financial commitment
to rehabilitate the aforementioned structures for
homeless single men and women, said commitment
shall be in form acceptable to the City.
c. TAP shall remain liable on the Notes and the
Corrected Purchase Money Deeds of Trust executed
and recorded by TAP pursuant to an Agreement dated
November 13, 1991, between the City and TAP, in the
event of default by the Partnership.
ATTACHMENT C
page 3
2. NOTES AND DEEDS OF TRUST BY PARTNERSHIP:
The City shall accept five (5) Notes from and executed by
the Partnership for a total of $145,000.00, said total amount
amortized over thirty (30) years at one percent (1%) interest per
annum, subject to the terms of this Agreement.
in such amounts, and shall be secured by the
forth below:
Said Notes shall be
properties, as set
1301 Rorer Avenue, S.W.
1321 Rorer Avenue, S.W.
1415 Chapman Avenue, S.W.
1529 Patterson Avenue, S.W.
609 Twelfth Street, N.W.
($23,085.00)
($13,850.00)
($15,705.00)
($50,800.00)
($41,560.00)
Principal and interest shall be due and payable
annually beginning on December 15, 1993, at which
time payments due on December 15, 1992, and
December 15, 1993, shall be paid. Thereafter, all
payments will be due and payable on December 15
until December 15, 2008, when the entire aggregate
principal amount and accrued, but unpaid, interest
shall be due and payable.
In addition to the terms set out in this Agreement,
the terms of the loan shall be as set out in each
Note executed by the Partnership in connection with
each of the five vacant structures. The loan shall
be subject to the due authorization, execution and
delivery to the City by the Partnership of the said
Notes in form acceptable to the City and similar to
Exhibit A.
Each of said Notes, and the Deeds of Trust securing
the same, shall be third in priority to only the
Deed of Trust executed in favor of the Commonwealth
of Virginia for the rehabilitation of the pertinent
structure and the Corrected Purchase Money Deeds of
Trust dated November 15, and December 13, 1991,
executed by TAP and recorded pursuant to the
Agreement dated November 13, 1991, between the City
and TAP.
The Partnership shall obtain Lender's Title
Insurance in favor of the Grantee in an amount
equal to the amount of CDBG funds loaned for the
purchase of each unit. Said title insurance shall
3
ATTACHMENT C
page 4
be in form acceptable to the City and shall not
include exceptions discoverable upon survey of the
property.
The recordation of said Notes and Deeds of Trust in
accordance with this Agreement, shall not
extinguish the rights and obligations of TAP under
the Notes and Corrected Purchase Money Deeds of
Trust executed by TAP pursuant to an Agreement
dated November 13, 1991, between the City and TAP,
unless and until the Notes executed in favor of the
City by the Partnership shall be paid in full and
so marked by the City.
3. REHABILITATION:
The five (5) vacant structures shall be rehabilitated
into a maximum of fourteen (14) clusters of SRO's consisting of a
maximum of four (4) persons per cluster, as detailed more fully in
the project design submitted to HUD by the Roanoke Redevelopment
and Housing Authority and incorporated by reference into this
Agreement. Said rehabilitation shall be completed, and permanent
certificates of occupancy shall be issued, on each of the five (5)
vacant structures by December 31, 1993. Ail SRO units so created
shall be rented to low and moderate income persons for a minimum of
five (5) years following completion of the rehabilitation.
4. TIME OF PERFORMANCE:
This Agreement shall be for the period beginning with the
date of this Agreement until the loan is repaid or December 15,
1998, whichever is later.
5. ADDITIONAL DOCUMENTATION:
The City, in its discretion, may require the receipt of
additional documents, duly executed by the respective parties
4
ATTACHMENT C
page 5
hereto,
document
6.
deemed advisable or necessary to further evidence or
the loan or otherwise deemed required by HUD.
ASSIGNMENT:
No party shall assign or pledge any of its rights, duties
or responsibilities under this Agreement to any other party without
written consent signed by all parties.
7. INDEMNIFICATION:
The Partnership agrees to indemnify and hold harmless the
City, its officers, agents and employees, from any and all claims,
legal actions and judgments advanced against the City and for
expenses the City may incur in this regard, arising out of or with
respect to the rights and privileges granted by the City to the
Partnership this Agreement.
8. COMPLIANCE WITH FEDERAL REGULATIONS:
The Partnership agrees to abide by the HUD conditions for
CDBG programs as set forth in Exhibits B and C and all other
applicable federal regulations relating to specific programs
performed hereunder. The Partnership specifically agrees to comply
with the Secretary of Interior's Standards for rehabilitation of
the four (4) historic properties located at 1301 Rorer Avenue,
S.W., 1321 Rorer Avenue, S.W., 1415 Chapman Avenue, S.W., and 1529
Patterson Avenue, S.W. Assistance in applying these standards will
be provided by the City's Historic Review Officer.
9. RECORDS AND REPORTS:
The Partnership shall maintain full and accurate records
with respect to all matters covered under this Agreement. All
5
ATTACHMENT C
page 6
records pertaining to this Agreement and the services performed
pursuant to it, shall be retained for a period of three (3) years
after the expiration date of this Agreement or its amendments.
Appropriate City and/or HUD personnel shall have free access to
those records during the Agreement duration and the following
three-year time period. The Partnership shall submit quarterly
reports to the City's Office of Grants Compliance detailing
activities and accomplishments including the number of low and
moderate income persons benefiting as a result of this project.
The Partnership agrees to submit any other reports as requested by
the Grantee.
10. CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed
official of the Partnership, who is in a position to participate in
a decision-making process or gain inside information with regard to
any CDBG activity, may obtain a personal or financial interest in
any contract, subcontract or agreement with respect thereto, or in
the proceeds thereunder, either for themselves, their family or
business associates, during their tenure or for one (1) year
thereafter.
11. SUSPENSION AND TERMINATION:
Suspension or termination may occur if the Partnership
materially fails to comply with any term of this award, and the
award may be terminated for convenience by the City or Partnership
upon written notification to the awarding agency (HUD), setting
forth the reasons for such termination, the effective date, and in
6
ATTACHMENT C
page 7
the case of partial termination, the portion to be terminated. In
the event of suspension or termination, the City shall be entitled
to exercise any and all remedies set forth in any of the Notes.
12. REVERSION OF ASSETS:
Upon expiration of this Agreement, or amendments thereto,
the Partnership shall transfer to the City any CDBG funds or
program income on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds to the extent that
the Partnership has not repaid the loan.
13. THIRD-PARTY CONTRACTS:
The City shall not be obligated or liable hereunder to
any party other than the Partnership, and this Agreement shall not
abrogate the duties and obligations of the parties to the
aforementioned Agreement dated November 13, 1991, between the City
and TAP.
14. AMENDMENTS:
This Agreement shall encompass the entire understanding
of the parties, and no amendment to the same shall be effective
unless and until it is in writing and signed by all of the parties.
The City, from time to time, may require changes in the
obligations of the Partnership hereunder, or its City Council may
appropriate further funds for the implementation of the Mod Rehab
Section 8 SRO project. In such event or events, such changes which
are mutually agreed upon by and between the Partnership, and City
and TAP shall be incorporated in written amendment to this
Agreement.
7
ATTACHMENT C
page 8
15. GOVERNING LAW:
This Agreement shall be governed
Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have
Agreement as the day and year hereinabove written:
ATTEST:
by laws of the
executed this
CITY OF ROANOKE, VIRGINIA
Mary F. Parker, City Clerk
By
W. Robert Herbert, City Manager
ATTEST:
ROANOKE AT HOME,
a Virginia limited partnership
By: TAP Housing Corporation
Secretary
By
Name:
Title:
ATTEST:
TOTAL ACTION AGAINST POVERTY
Secretary
By
Theodore J. Edlich, Exec. Director
8
ATTACHMENT D
NOTE
ROANOKE AT HOME, LIMITED PARTNERSHIP
Amount: Date: December 15, 1992
For good and valuable consideration, the sufficiency and receipt of which is
hereby acknowledged, Roanoke At Home, Limited Partnership, a Virginia limited
partnership, (the "Partnership"), hereby promises to pay to the City of Roanoke,
a Virginia municipal corporation (the "City"), the principal sum of
($ ), as evidenced by this
Note, which sum shall be paid to the City in full not later than December 15,
2008. Said total amount shall be amortized over thirty (30) years at the rate of
one percent (1.0%) per annum, beginning December 13, 1991, on the amount of the
principal remaining unpaid. Principal and interest are due and payable
commencing on December 15, 1993, at which time a payment totaling
($ ) shall be paid. Thereafter, all annual
payments of ($ ), will be due and payable on the
15th day of December until December 15, 2008, when the entire aggregate principal
amount and accrued but unpaid interest shall be due and payable, all as more
particularly set forth on the Amortization Schedule attached hereto as Exhibit A.
Each payment shall be applied first to interest then accrued, and the
balance shall be credited to principal.
Payment shall be made in legal tender at the offices of the City's Director
of Finance, Room 461 Municipal Building, 215 Church Avenue, Roanoke, Virginia, or
at the option of the holder, in such manner and at such other place in the City
as the holder shall have designated in writing to the Partnership.
This Note is issued pursuant to the City's Community Development Block Grant
Program Agreement dated , by and between the City and the
Partnership, and the terms of the loan granted pursuant to that Agreement are
incorporated by reference as if set forth herein.
The Partnership shall use the proceeds hereof solely for purposes related to
the property located at __ Roanoke, Virginia, which
property shall be used in connection with the U.S. Department of Housing and
Urban Development's Moderate Rehabilitation Section 8 Single Room Occupancy
Program, and such proceeds shall not be put to any other use.
ROANOKE AT HOME, LIMITED PARTNERSHIP
By:
Executive Director of TAP Housing Corporation, the
general partner for Roanoke At Home, Limited
Partnership
MB:TAPSRO.NOT
ATTACHMENT E
page 1
THIS DEED OF TRUST made the __ day of , 19__,
by and between ROANOKE AT HOME, LIMITED PARTNERSHIP, a Virginia
limited partnership, hereinafter called the "Partnership" and
CHARLES D. FOX, III and GEORGE A. McLEAN, JR., both of Roanoke,
Virginia, Trustees, hereinafter called "Trustees",
WI TNES SETH
Grantor hereby grants and conveys unto the Trustees, with
covenants of General Warranty of Title and English Covenants of
Title, the following described real estate, with all appurtenances
thereunto belonging, lying and being in the City of Roanoke, State
of Virginia, and more particularly described as follows:
[ insert description of property ]
TOGETHER WITH all the improvements now or hereafter erected
on the property, and all easements, rights, appurtenances, rents,
royalties, mineral, oil and gas rights and profits, water rights
and stock and all fixtures now or hereafter a part of the
property. All replacements and additions shall also be covered by
this Deed of Trust. All of the foregoing is referred to in this
Deed of Trust as the "Property".
IN TRUST TO SECURE to the Noteholder, as in this paragraph
defined, the payment of an indebtedness evidenced by one certain
negotiable promissory note dated December 15, 1992, ("Note"), made
by Roanoke At Home, Limited Partnership and payable to the order
of the City of Roanoke, Virginia, in the original principal amount
of ($ )
with interest thereon as in the Note provided and with the balance
of the indebtedness, if not sooner paid, due and payable on
December 15, 2008. The term "Noteholder" shall mean the payee of
the indebtedness hereby secured or the transferee or assignee
thereof or any other person entitled to receive payment of the
Note, as the case may be, whether by operation of law or
otherwise.
And further to secure the payment of the Note and to assume
the observance and performance of all other covenants, conditions
and obligations hereof, the Grantor hereby assigns and transfers
to the Trustees all rents from time to time due and payable under
leases now or hereafter existing with respect to the Property or
any part thereof, including any guarantees of such leases, and
Grantor will upon request execute and cause to be recorded
supplemental assignments of any specific leases on the Property.
Notwithstanding the foregoing, Grantor shall have the right to
collect and receive all such rents for so long as Grantor is not
in default under the terms of the Note or this Deed of Trust. In
ATTACHMENT E
page 2
the event of default hereunder the Trustees are fully authorized
and empowered in the discretion of the Noteholder to apply for and
collect and receive all such rents and enforce such guarantee or
guarantees; and all money so collected shall be applied to the
indebtedness and obligations hereby secured, after first deducting
therefrom such reasonable costs and expenses as may be incurred in
the collection of said rents. In the event of default hereunder,
the Trustees are authorized and empowered to enter upon the
Property and to lease it in whole or in part to such person or
persons for such purposes and upon such terms as the Trustees may
in their sole discretion decide upon.
Neither any course of dealing by the Trustees or the
Noteholder nor any failure or delay by them to exercise any right,
power or privilege hereunder shall operate as a waiver of such
right, power or privilege; nor shall any single or partial
exercise of any right, power or privilege preclude any other or
further exercise thereof or the exercise of any other right, power
or privilege.
The covenants herein contained shall bind, and the benefits
and advantages shall insure to, the respective heirs, executors,
administrators, successors and assigns of the parties hereto,
including the Noteholder. Whenever used, the singular number
shall include the plural, the plural the singular, and the use of
any gender shall include all other genders.
This Deed of Trust shall be construed to impose and confer
upon the parties all duties, rights, and obligations prescribed in
Section 55-59 of the Code of Virginia of 1950, as amended to date,
except to the extent that contrary provisions are herein provided;
and the provisions of Section 55-59 of said Code that correspond
with the short-form expressions hereinbelow set forth are
incorporated in and made a part of this Deed of Trust, namely:
(g)
part,
(a) "Deferred Purchase Money"
(b) "Exemptions waived"
(c) "Subject to all upon default"
(d) "Renewal, extension or reinstatement permitted"
(e) "Insurance required" An amount equal to the
principal sum herein secured, plus the sum secured by
all liens, if any, senior in priority to the Deed of
Trust.
(f) "Advertisement required" Once a week for four
successive weeks in some newspaper having general
circulation in the county or city in which the property
lies, and the Trustees may sell the Property or part
thereof on the fifteenth day after the first
advertisement or any day thereafter.
"Any Trustee may act"
right is reserved to prepay the Note, in whole or in
at any time and from time to time without penalty.
ATTACHMENT E
page 3
Grantor grantS to the Noteholder, in his sole discretion and
without cause or reason, the right and power to appoint from time
to time one or more substitute Trustees, any or all of whom may
act. The Grantor expressly covenantS to keep the Property in
tenantable condition and in as good condition and repair as at the
time of execution hereof, and the Trustees are hereby constituted
the sole and exclusive judges of the provisions of this covenant
to keep said property in tenantable condition and in good
condition and repair, and their decision shall be final and
binding.
The Grantor hereby assigns to the Trustees the proceeds of
any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property
or part thereof, or for conveyance in lieu of condemnation, and at
the option of the Noteholder the proceeds shall be paid to the
Noteholder for application to the indebtedness and obligations
hereby secured after first deducting from the proceeds such
reasonable costs and expenses as may be incurred in the collection
of the proceeds.
wITNESS the following signature and seal:
ROANOKE AT HOME LIMITED pARTNERSHIP,
a Virginia limited partnership
By:_
Executive Director of TAP Housing
Corporation, the general partner for
Roanoke At Home, Limited Partnership
STATE OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me this
day of , 19 , by ~. _ -'
Executiv~ Director~ of ~P Housln~ Corporation, the gene£al
partner for Roanoke At Home, Limited Partnership.
Notary Public
My commission expires:
MB:DEEDTRST.SRO