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HomeMy WebLinkAboutCouncil Actions 02-01-93FITZPA~ 31322 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 1, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The Invocation was delivered by The Reverend Randy J. Garner, Pastor, Valley View Wesleyan Church. Thc Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. CONSENT AGENDA (APPROVED 7-0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. lF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-I C-2 C-3 C-4 C-5 Minutes of the regular meetings of Council held on Monday, October 5, 1992; Monday, October 12, 1992; Monday, October 26, 1992; and the special meeting held on Monday, October 26, 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 list of items pending from July 10, 1978, through January 25, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Michael A. Grant as a member of the Mental Health Services Board to fill the unexpired term of Robert L. Lynn, resigned, ending December 31, 1994. RECOMMENDED ACTION: Receive and file. Qualification of Stephen A. Mancuso as a member of the City of Roanoke Transportation Safety Commission for a term of four years ending October 31, 1996. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that Council convene in Executive Session to discuss a personnel matter, being the appointment of a specific public officer, pursuant to Section 2.1-344 (A)( 1 ), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HEARING OF CITIZF. NS UPON PUBLIC MATTERS: Request to address Council on behalf of the William Fleming High School basketball team with regard to the Newbum-Trane Tournament. Mr. Burrall Paye, Spokesperson. Received and filed. 4. PETmONS AND COMMUNICATIONS: A communication from the Roanoke City School Board recommending appropriation of funds to various school grant accounts. Adopted Budget Ordinance No. 31322-020193. (7-0) bo A petition from Mountain Manor Homes, a Virginia, non-stock, not- for-profit corporation, sponsored by St. Johns Episcopal Church, requesting adoption of a Resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke. Referred to the City Manager for study, report and recommendotion to Council, and authorized advertisement of a public hearing at the earliest possible date. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: o o A report recommending appropriation of Incentive Award and Title III carry-over funds awarded to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department, and transfer of funds from the Title II-B Summer Youth Employment Program to the Title II-A Year Round Program. Adopted Budget Ordinance No. 31323-020193. (7-0) A report recommending appropriation of Title II-B carry-over funds from Program Year 1991, totalling $78,270.00, allocated to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department. Adopted Budget Ordinance No. 31324-020193. (7-0) A report recommending award of an engineering services contract to Mattern & Craig, Inc., in the amount of $30,000.00, to provide engineering services for construction of the Falling Creek Finished Water Reservoir and related work; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31325--020193 and Resolution No. 31326-020193. (7-0) A report recommending acceptance of the lowest responsible bids submitted by Magic City Motor Corporation, in the amount of $112,330.76, and Dempster, Inc., in the amount of $39,800.00, for providing refuse tracks and bodies for the Solid Waste Management Department. Adopted Resolution No. 31327-020193. (6-0, Mayor Bowers abstained from voting.) b. CITY CLERK: A report advising of expiration of the three year terms of Charles W. Day and Finn D. Pincus as Trustees of the Roanoke City School Board on June 30, 1993, and further advising that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m. on Wednesday, March 10, 1993. Received and filed. A report requesting that certain dates be established in connection with the selection process for School Board Trustees. (1) Monday, March 15, 1993, at 12:30 p.m. (2) Monday, March 22, 1993, at 2:00 p.m. (3) Monday, April 12, 1993, at 7:30 p.m. (4) Monday, April 26, 1993, at 2:00 p.m. (5) Thursday, April 29, 1993, at 6:00 p.m. (6) Monday, May 10, 1993, at 7:30 p.m. 6. REPORTS OF COMMI2TEES: A report of the Water Resources Committee recommending demolition and removal of the "Conner House", a surplus residential structure located in Roanoke Centre for Industry and Technology, in order to enhance the development of the property as an industrial site. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31328 on first reading. (7-0) bo A report of the Water Resources Committee recommending authorization for vacation of portions of existing water easements and dedication of additional water easements on the property of Parcels 10 and 11, Towne Square, and Faison Hunting Hills Limited Partnership, to permit City access to public water facilities. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31329 on first reading. (7-0) A report of the Water Resoumes Committee recommending execution of a deed of easement establishing a certain public utility easement for C & P Telephone Company on the Westside Elementary School property, located on the south side of Hershberger Road, N. W. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31330 on first reading. (7-0) A report of the Water Resources Committee recommending that the City Manager be authorized to execute necessary documents on behalf of the City indicating the City's agreement to a lease extension to the Young Men's Christian Association for use of the Jefferson High School Gymnasium. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31331 on first reading. (7-0) A report of the Water Resources Committee recommending abandonment of a certain public utility easement adjacent to property located at 3820 Ventnor Road, S. E. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31332 on first reading. (7-0) 7. UNFINISHF. D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. The question of whether or not the City can require the use of reflective tape on dumpsters located on City property was referrexl to the City Manager for report to Council. The City Clerk was requested to correspond with the Chairperson of the Roanoke City School Board with regard to a report in connection with possession of handguns on school property, pursuant to a request for infommtion by Council under date of February 3, 1992. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZF. NS: None. The City Manager requested that Council convene in Executive Session to discuss a matter with regard to acquisition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), the same matter involving the terms and conditions of a contract requiring legal advice, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. CERTIFICATION OF EXECUTIVE SESSION. (7--0) Adopted Resolution No. 31333-020193 appointing James D. Ritehie, Sr., as Assistant City Manager, effective February 2, 1993. (7--0) CERTIFICATION OF EXECUTIVE SESSION. (7-0) Appointed the following persons: Andrea Wright- Roanoke Public Library Board James D. Grisso, Acting Director of Finance - Hotel Roanoke Conference Center Commission (5-2, Mayor Bowers and Council Member White voted no) 7 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, Virginia 24011-1594 Telephone: (703) 981-2444 February 1, 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, David A. Bowers Mayor DAB: se Pending Items from July 10, 1978 through January 25, 1993 Referral Date Referred To Item 7/10/78 City Manager Mayor's 1978 State of the City Recommendation No. 11 (Development of a hotel on Mill Mountain.) 8/12/91 City Manager Director of Finance Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. 2/3/92 Roanoke City School Board Matter of possession of firearms on school property. 2/10/92 City Attorney Request to study the matter of regulating the sale of "look- alike" weapons. 6/22/92 City Manager City Attorney Commissioner of Revenue Matter of increasing the total combined income of any elderly or disabled property owner claiming real property tax exempt status from $22,000.00 to $26,000.00, and increasing the first $4,000.00 of income of each relative, other than the spouse of the owner, who is living in the dwelling, to $4,750.00. Pending Items from July 10, 1978 through January 25, 1993 Referral Date Referred To Item 9/9/92 Director of Finance Request to provide information with regard to the cost of reducing the number of years to become vested in the City's pension plan from ten to five. 10/12/92 city ~'lanning Commission Remarks with regard to the issue of demolition of buildings as related to economic development, as well as the City's beautification efforts and its impact on downtown Roanoke and adjoining neighborhoods. 10/12/92 City Manager Request to report to Council during fiscal year 1993-94 budget study with regard to the City's taxing authority relative to surface parking lots. 12/14/92 1993-94 Budget Study Matter of a mounted police patrol in the City. 2 Pending Items from July 10, 1978 through January 25, 1993 Referral Date Referred To Item 1/4/93 City Manager City Attorney Remarks of Mr. Walker Nelms with regard to a proposed animal control ordinance. (See report of City Attorney under date of January 11, 1993.) 1/11/93 City Manager Remarks of Mr. Jonathan M. Apgar with regard to installation of stop signs on Carter Road, S.W. 3 MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #15-110-314 Mr. John M. Hudgins, Jr., Chairperson Mental Health Services Board of Directors 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4026 Dear Mr. Hudgins: This is to advise you that Michael A. Grant has qualified as a member of the Mental Health Services Board, to fill the unexpired term of Robert L. Lynn, resigned, ending December 31, 1994. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Dr. Fred P. Roessel, Jr., Executive Director, Mental Health Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026 Oath or Affirmation ~a~ o~ Vi~'~inia, ~,i~ o~ Roanoke, ~o .~: I, Michael A. Grant , do solem~y sw~r (or ~) I ~1 sup~ ~e Constitution of the United S~tes, and ~e Cons~tution of the S~te of Virginia, and ~at I w~l faithfully and ~pa~ially discharge and perform all the duties incumbent u~n me a~ a member of the Mental Health Services Board, to fill the unexpired term of Robert L. Lynn, ending December 31, 1994. according to the best of my ability. So help me God. Subscribed and sworn this ~--/~ davy of ~--~o~o~ ! / 7 ~e to before me, /~ ~ , Deputy Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 951-2~41 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #15-110-20 Mr. Robert K. Bengtson, Chairperson City of Roanoke Transportation Safety Commission Roanoke, Virginia Dear Mr. Bengtson: This is to advise you that Stephen A. Mancuso has qualified as a member of the City of Roanoke Transportation Safety Commission, for a term of four years ending October 31, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm 0-2 st~t~ ot v~/~, ~it~ ol ~o,~o~, ~o.w~: '93 JAN 26 AIO :00 I, Stephen A. Mancuso ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me a member of the City of Roanoke Transportation Safety Commission, for a term of four years ending October 31, 1996. according to the best of my ability. Subscribed and sworn to before lne, this So help me God. ~/~ ~~/ ~ ~(fi ~uty Clerk CITY '93 FE[~-I /~9:18 February 1, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Dear Mayor and Members of Council: Re: Reouest for Executive Session This is to request that City Council convene in Executive Session to discuss a personnel matter being the appointment of a specific public officer pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/dh CC: Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James Grisso, Acting Finance Director MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Ch urch Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #467 Mr. Burrall Paye Head Basketball Coach William Fleming High School 3649 Ferncliff Avenue, N. W. Roanoke, Virginia 24017 Mr. Andy Gray Assistant Basketball Coach William Fleming High School 3649 Ferncliff Avenue, N. W. Roanoke, Virginia 24017 Dear Coach Paye and Coach Gray: On behalf of the Mayor and Members of the Roanoke City Council, I would like to take this opportunity to express sincere appreciation to you and the William Fleming High School Basketball team for the T-shirts which were presented to the Members of Council, in connection with the Newburn-Trane Basketball Tournament to be held on Saturday, February 6, 1993, at the Salem Civic Center. Sincerely, ~dL.x.A.~--___ Mary F. Parker, CMC/AAE City Clerk MFP:sm 01/26/93 14:42 8703 981 2082 1,oo~ol~e - City Public Schools Wiiliom F!eming _~er~ior H~gh SchooI 3,549 Fe~nclfl Ave N W. ~IH ?L£'4ING H.S, '93 J~N 26 I~ O01 Ma. y_or/~d, Bo~ers TO: ~council Members FROM: /~A~ce B. Szathmar¥, princigal DATE: January 25, 1993 cZTY COUNCIL i%GENDA Mr. Burrall Pays, head basketball coach at William Fleming High School, and the basketball team wish to be on the agenda to speak to the Council on February 1, 1993, about the Newburn-Trans Tournament. If at all possible, Mr. Pays would like to be placed first on the agenda because of the schedules of our students. Thank you for your assistance in this matter. If you have any questions, please feel free to contact me at 981-2781. AB$:bjw Excellence in Educotion MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #60-467 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31322-020193 amending and reordaining certain sections of the 1992-93 Grant Fund Appropriations, providing for appropriation of funds to the following school grant accounts: $14,891.00 - 1992-93 Flow Through Program, $12,650.00 - Regional Adult Literacy and Basic Education Program, and $20,000.00 - Aviation Magnet School Grant. Ordinance No. 31322-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: 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 Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 1st day of February, 1993. No. 31322-020193. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &DDroDriations Education Flow Through 1992-93 (1) ........................... Regional Adult Literacy and Basic Education 1992-93 (2-10) ............ Aviation Magnet School R~ven~e Education Flow Through 1992-93 (14) .......................... Regional Adult Literacy and Basic Education 1992-93 (15) ................... Aviation Magnet School 1992-93 (16)''''.''''''''''' 1) Contracted Health Services 2) Administrative Services 3) Counselors 4) Teacher Aides 5) Recruiters 6) Social Security 7) Indirect Costs 8) Travel 9) Instructional Supplies (035-060-6505-6553-0311) (035-060-6758-6550-0121 (035-060-6758-6550-0123 (035-060-6758-6550-0141 (035-060-6758-6550-0151 (035-060-6758-6550-0201 (035-060-6758-6550-0212 (035-060-6758-6550-0554 (035-060-6758-6550-0614) $14,891 4,563 364 2,152 865 2,844 333 477 487 $20,182,130 828,291 57,407 20,000 $20,182,130 828,291 57,407 20,000 10) Other Materials (035-060-6758-6550-0615) 11) Instructional Materials 12) Equipment 13) Furniture and Fixtures 14) Federal Grant Receipts 15) Federal Grant Receipts 16) Federal Grant Receipts $ 565 (035-060-6906-6307-0614) 2,500 (035-060-6906-6307-0821) 13,500 (035-060-6906-6307-0822) 4,000 (035-060-6505-1102) 14,891 (035-060-6758-1102) 12,650 (035-060-6906-1102) 20,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. CITY OF ROANOKE. February 1, 1993 '93 J t27 PI ,50 TO: FROM: SUBJECT= Honorable Mayor and Members of city Council James D. Grisso, Acting Director of Finance School Board Request for the Appropriation of Grant Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for three grants in the Grant Fund. These grants will be funded with 100% federal funds. I recommend that you concur with the request of the School Board. ~ector of Finance JDG:pac .~ Finn D. Pincus, Chairman Chades W. Day, Vice Chairman Marilyn C. Curtis fx-Roanoke City School Board C. Nelson Harji$ c n James M. Turner, Jr. Martha WtR~ ')-. mc Frank P. Tota, Superintendent CIr~ff G' P0ff Richard L. Kelley Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-98t-2951 January 20, 1993 The Honorable David A. Bowers, Mayor and Members cf Roanoke City Council Roanoke, VA 24011 Dear Members of Counc;I. As the result of official School Board action at its January 19, 1993 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6505 - $14,891.00 for the 1992-93 Flow Through program to provide aid for the education and guidance cf handicapped students. The program will be reimbursed one hundred percent by state and federal funds. Grant No. 6758 $12,650.00 for the Regional Adult Literacy and Basic Educ~,ion program for 1992-93 to provide funds for the operation of adult literacy programs i~ various localities. The program will be reimbursed one hundred percent by federal fund',;. Grant No. 6906 - $20,000.00 for [he Aviation Magnet School Grant to develop and expand educational opportunities within the aviation education magnet program. The program will be reimbursed one hundred percent by federal funds. Sincerely, Executive for Business Affairs and Clerk of the Board rg CC: Mr. Finn D. Pit:cue Dr. Franl~ P. Tota Mr. William L. Murray, .Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling M.r. J~m~s D. Grisso Ms. lie F,~rriss (with accou,~ting dutails) Excellence in Education ,~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis fx,-Roanoke City School Board C. Nelson Harris James M. Turner, Jr. Martha W. O'Neil Frank P. Tota, Superintendent Clubert G. Po~ 0[:¥ ~ rRichard L. Kelley, Clerk of the Board CITY'.r ........ ' '93 JAN 21 P3:17 P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-98t-2951 January 20, 1993 Mrs. Mary F. Parker, CMC/AAE City Clerk City of Roanoke Roanoke, VA Dear Mrs. Parker: The enclosed appropriation Council's agenda. rg Enc. requests should be included on City Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs Excellence in Education ROANOKE CITY SCflOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Flow ~nrough 92-93 6505 035-060-6505-6553-0311 Appropriation Unit Y5Y Contracted Health Services $ 14,891.00 035-060-6505-1102 Federal Grant Receipts 14,891.00 The 1992-93 Flow Through program will provide aid for the education and guidance of handicapped students. The above appropriation and adjustment reflects the approval by the State Department of Education of the final allocation for the program. One hundred percent of expenditures will be reimbursed by state and federal funds. The program will end June 30, 1993. January 19, 19!3 ROANOKE CTTY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Regional Adult Literacy and Basic Education 92-93 6758 035-060-6758-6550-0121 035-060-6758-6550-0123 035-060-6758-6550-0141 035-060-6758-6550-0151 035-060-6758-6550-0201 035-060-6758-6550-0212 035-060-6758-6550-0554 035-060-6758-6550-0614 035-060-6758-6550-0615 Appropriation Unit Z7G Administrative Services Counselors Teacher Aides Recruiters Social Security Indirect Costs Travel Instructional Supplies Other Materials $ 4f563.00 364.00 2,152.00 865.00 2,844.00 333.00 477.00 487.00 565.00 $ 12,650.00 035-060-6758-1102 Federal Grant Receipts $ 12,650.00 The Regional Adult Literacy and Basic Education program for 1992-93 will provide funds for the operation of adult literacy programs in Alleghany County, Roanoke County and the Cities of Covington, Clifton Forge and Salem. The program will be subcontracted through Total Action Against Poverty (TAP), and will be reimbursed by federal funds. The above additional appropriation represents the cost of the program for the period September 1, 1992 through October 31, 1992. January 19, 1993 ROANOKE CITY SCI~OOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Aviation Magnet School 92-93 6906 035-060-6906-6307-0614 035-060-6906-6307-0821 035-060-6906-6307-0822 Appropriation Unit zgY Instructional Materials Equipment Furniture and Fixtures $ 2,500.00 13,500.00 4,000.00 $ 20,000.00 035-060-6906-1102 Federal Grant Receipts $ 20,000.00 The Aviation Magnet School Grant will develop and expand educational opportunities within the aviation education magnet program operated by the Roanoke City Public Schools. The program will be reimbursed one hundred percent by federal funds. The program will end June 30, 1993. January 19, 1993 MA~Y F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #169-79-215-137 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a petition from Mountain Manor Homes, a Virginia, non-stock, not-for-profit corporation, sponsored by St. Johns Episcopal Church, requesting adoption of a Resolution in support of the organization's request to obtain tax- exempt status from the General Assembly of Virginia on real property located on the south side of Elm Avenue, S. W., Official Tax Nos. 1021005, 1021006 and 1021007, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, Febru. ary 1, 1993. On motion, duly seconded and unanimously adopted, the petition was referred to you for study, report and recommendation to Council, and Council authorized advertisement of a public hearing to be held at the earliest possible date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. E. Griffith Dodson, Jr., Attorney, Dodson, Pence, Viar, Woodrum and Mackey, P. O. Box 1371, Roanoke, Virginia 24007 Mr. Wilburn C. Dibling, Jr., City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM REAL ESTATE TAXATION OF THE PROPERTY OF MOUNTAIN MANOR HOMES, PURSUANT TO ARTICLE X. SECTION 6(a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Mountain Manor Homes, a Virginia, non- stock, not-for-profit, corporation, sponsored by St. Johns Episcopal Church of Roanoke, Virginia is the owner of certain real property located on the south side of Elm Avenue, S.W., formerly owned by the Trustees of St. Johns Episcopal Church, and comprised of Official Nos. 1021005, 1021006 and 1021007 on the appraisal maps of the City of Roanoke, a plat showing the approximate boundaries of said property being attached hereto. 2. Your Petitioner has constructed on said property a building containing fifteen (15) living units available for lease to certain handicapped persons screened through Mental Health Services of the Roanoke Valley. 3. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 e__t seq. of the Code of Virginia of 1950, as amended, in order that the aforesaid real property and any personal property to be installed therein, and used exclusively for charitable and benevolent purposes in responding to the housing needs of the citizens of the Roanoke Valley be exempt from taxation under the provisions of Article X, Section 6(a) (6) of the Constitution of Virginia, so long as your Petitioner and said facility is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04(B) of the Code of Virginia of 1950, as amended, after holding a public hearing with respect thereto, where citizens shall have an opportunity to be heard in order that legislation involving the designation of such property to be exempted from taxation pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. Pursuant to Section 30-19.04(B) of the Code, the following questions are submitted for your consideration: 1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. (A). Your Petitioner is exempt from taxation pursuant to Section 501(c) (3) of the internal Revenue Code. See attached documents verifying this exemption. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A). No alcoholic beverage license has been or will be requested or issued for use on the referenced property. 3. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually rendered. (A). No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. (A). No part of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by funds received from donations, contribution or local, state or federal grants, except the expenses of the residents may or will be provided by federal and state funds (Medicaid, etc.) 5. Whether the organization provides services for the common good of the public. (A). Your Petitioner provides and will provide services for the common good of the public in a number of respects. The building will provide affordable housing for certain handicapped persons on a non-discriminatory basis. 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A). Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. 7. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) o The Petitioner avers that no rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. Housing will be made available to applicants without religious preference being given to any group. 8. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A). The real estate upon which the building was constructed was at that time a part of the property of St. Johns Episcopal Church, and was titled in the name of the Trustees of said Church and was accordingly exempt from real estate taxation. The funds for the construction of the building were made available by a loan from the U. S. Department of Housing and Urban Development. 5. It is also agreed that any resolutions or ordinance adopted by Council granting this petition of Mountain Manor Homes, may provide for the payment to the City of Roanoke of five percent (5%) of what the real estate tax levy would have been on the real property to be exempted form taxation in lieu of 5 such tax. WHEREFORE, your Petitioner, Mountain Manor Homes, respectfully requests of the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia at a public hearing at which citizens will have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real property and the personal property of your Petitioner be designated by a Section within Article IV, Section 58-1-3650 et sem. exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing housing for certain handicapped persons and (3) that a five percent (5%) payment to the City of Roanoke may be approved in lieu of the tax that would h ave been levied on the exempted property. Respectfully submitted, MOUNTAIN MANOR HOMES 6 · ' ~ . Esquire ~odson, j~r', P. O. Box 1371 Roanoke, Virginia 24007 Counsel for Petitioner .... ~:q~rnal Revenue Service District Director ~l HOPKINS PLAZA DALTIHORE, HD 21201 Department of the Treasury RE ,r_ Date:juN 2 6 lgB9 MOUNTAIN MANOR HOMES P 0 BOX 1371 ROANOKE, VA 2~007 27 Employer Identification n~moer, 5~-1479102 Contact Person~ H SHAW Contact Telephone Number (301) 962-9(2B Accountin! Period Ending: October 31 Foundation Status Classification: 509(a)(2) Advance Ruling Period Ends; Oct. 31, 1991 Caveat Applies: MO P :30 Dear Applicant: Based on information fupplied, and assuminq your operations will be as stateo in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section ~01,ic>(3) of the internal Because you are a newly created orqanization, we are not now makinq a final determination of your foundation status under section 509<a> of t~e Code. However, we have determined that you can reasonably de expected to be a public- lv supported organization described sn section Accordin,~iv, you wi!! be treated as a publiciv supported organization, and not as a private foundation, durlnq an advance rulin9 period. This advance ruling period be.)ins on the da~e of your inception and ends on the date shown above. Within 90 days after the end of your advance rulln! period, you must submit to us information needed to determine whether you have met the require- ments o? the ~pplicsble support test durzng the advance rulinq period. If you establish that you have been a publicly supported or~anizatio~, you will be classified as a section 509(a)(1) or 509(a)(2) organization as long as you con- tinue to meet ~ne requirements of the applicable support test, If you do not meet the ?ubiic support requiremente during the advance ruling period, you wi1! be classified as a private foundation ?or future periods. Aisc, if you are classified as a nrzvste foundation, you will be trea~ad as a prsva~e foundation ?rom the date of your inception ?or purposes of sections SO7(di and ~9~0. ~rantors and contribusors may rely on the determination t~at you are not a private ?oundasion until 90 days after the end of YOUr advance ruling period. I? you submit the required information within the 90 days, qran~ors and contri- butors amy continue to rely on the advance determinatio~ un~ii the Service makes a final determination of your foundation status, if notice that you will no longer be treate~ as ~ publicly supported or- Letter tO45(O0/CG) MOUNTAIN MANOR HOMES -2- ganization is published in the Internal Revenue Bulletin, grantors and contri- butors mmv not rely on this determination after the date of such publication. In addition, if you lose your status as e publicly supported organization and a ~rantor or contributor was responsible for, or was aware of, the act or fai!ure to act that resulted in your loss of such status, that person may not rely on this determination ?rom the date o? the act or ?allure lo act. Also, if a ~rantor or contributor learned that the Service had given notice that you would be removed ?rom classification as e publicly supported or~anization, t~en that person may not rely on this determination es of the date such knowledoe was acquired. - I? your sources of support, or vour purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an 3mend- merit to your organizaslonal document or bylaws, please send us a copy o? the amended document or bylaws. Also, you should inform us of all changes in your name and address. As of January l, i784, you are liable for taxes under the Federal Insur- ance Contributions Act (social securitv taxes) on remuneration of ;i00 or more you pay to each of your empiovees during a calendar year, You are not liable for the tax imposed under the Federal Unempiovment Tax Act (FUTA), Organizations that are nos private foundations are not subject to the excise taxes under Chapter 42 of the Cone. However, you are not automaticallv exempt from other Federal excise taxes. Z? you have 3nv 9uestions about ex- cise~ employment, or other Federal taxes, please let us know. Donors may deduct contributions to you as provided in section I?O of the Code. Beguests, legacies, devises, transfers, or ~ifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet t~e appli- caole provisions of sections 2055, 2106, and 25Z2 of the Code. You are required to file Form ?90, Return of Orqanization Exempt from Income ~ax, only i? your ~ross receipts each year arJ normally more than $25,000. I? a return is requireo, it muss be filed by the 15th day of the fifth month after the end o? your annual accounting period. The law imposes a penalty of S10 a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the daisy. You are not required to file Federal income sex returns unless you are subject to the tax on unrelated business income under section 511 of the Code, I? you are subieot to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your p~esens or proposed activities are unre- lated trade or ousiness as defined in secslon 513 of the Code. fou need an amp!over identification number even i? vou have no employees. If an empiover identification number was no~ entereo on your application, ~ number will be assigned to you and you wi!! be advised of it. Please use shat Letter i045(DO/CG) MOUNTAIN MANOR HOMES -3- number on all returns you file and in all correspondence with the internal Revenue Service. If the heading of this letter indicates that a caveat applies, the cave)t below or on the enclosure is an integral part of this letter. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any ~uestions~ please contact the person whose name and telephone number are shown zn the heading of this letter. Sincerely vours~ District Director Letter i045(DO/CG) TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED: WA'.' MADE ON THE GROUND ACCORDING TO RECORD DESCRIPTION AND IS CORRECT. ARE NO ENCROACHMENTS EITHER WAY ACROS~S PROPERTY LINES EXCEPT AS SHOWN. DATE:/~"/~Y 1. THIS PLAT IS SUBJECT TO INFORMA'TION WHICH MAY BE DISCLOSED BY A TITLE THIS SURVEY ACTUALLY THERE REPORT BY A LICENSED ATTORNEY. 2. THE SUBJECT PROPERTY IS NOT WITHIN THE LIMITS OF THE 100 YEAR FLOOD BOUNDARY AS SHOWN ON THE FEMA FLOOD BOUNDARY MAP. THIS DETERMINATION IS BASED ON THE FLOOD BOUNDARY MAP AND HAS NOT BEEN VERIFIED BY ACTUAL -E- ELECTRIC LINE S/W SIDE WALK 0 IRON PIN FND. · IRON PIN SET N -~-~39'35" E 98.92' ACTUAL (99.5' DEED) ov / - 6:oo' HUSEIN A. & INTESAR H. HASAN & MALIK A. & HANAN M. HASAN 5-~--.81' TRACT 1 TAX # FIELD ELEVATIONS. LEGEND E.P. EDGE PAVEMENT [X] GAS VALVE b<] GAS MANHOLE ~ POWER POLE b<~ WATER METER ELM AVENUE, 50' R/W --~ ~ 50.00 .30' FROM CL SETBACK ORD. NO._~/ 6586 DATED 8-19-40 TRACT 2 TAX OLD PIN BEARS N 55'43'59" W -0.51' TRACT TAX ).B. 1597. PG. 720 TAX # 102-1004( 10' ALLEY TRIAD INVESTMENTS D.B. 1555, PG. 1216 TAX ~ 102-1003 Z 100.00' S "~-55'06" W 20' ALL 9.5' BRICK ALLEY LEGAL REFERENCE D.B. 1616~ PG. 1512 102-1005 102-1006 102-1007 0.114 AC. 0.114 AC. 0.115 AC. 4944 SQ. FT.!4942 SQ. FT. 15015 SQ. FT '~' ~ rtl ASPHALT -- PAVEMENT ESi : 0.7'~PROPERTY OF! MOUN'J'AIN MANOR F~OMES /~ O.B: 1616, PG. 1. 12 / 33.01' SURVEY FOR MOUNTAIN MANOR S "~'~5'06" W 99.5.3' (99.5' DEED) TAX NO. 102-1005, lOOO, 1007 N B JW-34 CALC. LED ~5/CADO DRAWN __ CK'O HOMES OF LOTS 4, 5 & 6, BLOCK 13, OFFICIAL SURVEY S.W. 2 SITUATE ON ELM AVENUE, S.W. ROANOKE, VIRGINIA T. P. PARKER ~ SON IRON PIN 75.00' W.O. 90-06501 D- 37445 SCALE: 1" - 30' DA]E: MAY 14 , 1090 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 951-2541 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #60-246-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31323-020193 amending and reordaining certain sections of the 1992-93 Consortium Fund Appropriations, providing for the transfer and appropriation of certain funds awarded to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department. Ordinance No. 31323-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pCl Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of February, 1993. No. 31323-020193. AN ORDINANCE to amend and reordain certain sections of the 1992-93 emergency. WHEREAS, Consortium Fund Appropriations, and providing for an Government of the exist. 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 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium - F 92 FY93 (2-3) .... F¥94 (4) ........................................ Fifth District Employment & Training Consortium - FY92 (5) ........................................ Fifth District Employment & Training Consortium - FY93 (6-7) ...................................... Fifth District Employment & Training Consortium - FY94 (8) ........................................ 1) Funding Authority (034-054-9265-9990) $(22,513) 2) Funding Authority (034-054-9361-9990) 22,513 3) Funding Authority (034-054-9381-9990) 27,193 4) Funding Authority (034-054-9462-9990) 83,234 $2,605,796 1,933,594 83,234 $2,605,796 1,933,594 83,234 5) Title II-B Training (034-034-1234-9279) $(22,513) 6) Title II-A Training (034-034-1234-9361) 22,513 7) Title III EDWAA (034-034-1234-9381) 27,193 8) Title II-A 6% (034-034-1234-9462) 83,234 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. REC~2! sD CITY C! '93 JAN 27 ~onorable Mayor an~ City Council Roanoke, Virginia February 1, 1993 Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consort ium I. BACKGROUND ao Fifth District Employment and Training Consortium (FDETC) has been awarded Incentive Funds from the Governor's Employment and Training Department (GETD), based on exceptional performance for the year July 1, 1991 - June 30, 1992. B · FDETC has received notification from the GETD allowing for the transfer of funds from the Title II-B Summer Youth Employment Program to the Title II-A year round program. C. GETD has allocated Title III carry-over funds to the FDETC. Do City of Roanoke is the grant recipient for Consortium funding. City Council must appropriate the funding for all grant the Consortium receives. II. CURRENT SITUATION ao GETD has sent the Consortium Notice of Award (NOA) # 93- 03-06 in the amount of $83,234.00 for the Title II-A 6% program for the period 12/16/92 6/30/94. B · GETD has sent the Consortium NOA # E-03 in the amount of $27,193.00 in Title III carry-over funds from Program Year 1991. Co GETD has sent the Consortium NOA # 93-03-03 and 92-03-10 allowing the transfer of Title II-B Summer Youth Employment Program funds in the amount of $22,513.00 to the Title II-A program. III. ISSUES A. Program Operations B. Funding C. Timing IV. ALTERNATIVES Vo Appropriate the Consortium's fundinq for the Incentive award and Title III Carry-over totallinq $110,427.00, and transfer $22,513.00 from Title II-B to Title II-A. Increase the revenue estimate by $110,427.00 in accounts to be established by the Actinq Director of Finance. Proqram Operations Existing programs will continue, planned programs will be implemented, and new programs will be initiated by Consortium's Policy Board and Private Industry Council. Fundinq Funds are available from the Grantor agency at no additional cost to the City. Timinq Immediate action will allow programs to continue and be completed within planned timeframes. Do not appropriate the Consortium's fundinq for the Incentive award and Title III Carry-over totallinq $110,427.00, nor transfer $22,513.00 from Title II-B to Title II-A. 1. Proqram Operations Planned programs to serve participants would be delayed. 2. Fundinq - Not a factor. 3. Timinq - Delay will cause late start-up of programs and underexpenditure of available funds. RECOMMENDATION Approve Alternative A: Appropriate the Consortium's fundinq for the Incentive award and Title III Carry-over totallinq $110,427.00, and transfer $22,513.00 from Title II-B to Title II-A. Increase the revenue estimate by $110,427.00 in accounts to be established by the Actinq Director of Finance. Respectively submitted, W. Robert Herbert City Manager JDR:lr cc: Acting Director of Finance City Attorney MARY F. PARKER Cky Clerk, CMC/AAE 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 February 4, 1993 File #60-246-236 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31324-020193 amending and reordaining certain sections of the 1992-93 Consortium Fund Appropriations, providing for appropriation of $78,270.00, in connection with Title II-B carry-over funds from Program Year 1991 allocated to the Fifth District Employment and Training Consortium by the Governor's Employment and Training Department. Ordinance No. 31324-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Ms. Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Marie T. Pontius, Grants Monitoring Administrator 1992-93 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 Consortium Fund IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of February, 1993. No. 31324-020193. AN ORDINANCE to amend and reordain certain sections of the Consortium Fund Appropriations, and providing for an Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Fifth District Employment & Training Consortium - FY93 (1-10) ...................................... $2,011,864 R~v~ue Fifth District Employment & Training Consortium - FY93 (il) .......................................' 1) Wages 2) Fringes 3) Travel 4) Communica- tions 5) Supplies 6) Insurance 7) Contractual Services 8) Equipment 9) Miscellanous 10) Funding Authority 11) Title II-B Carryover (034-054-9365-8350) $ 22,807 (034-054-9365-8351) 10,000 (034-054-9365-8352) 500 (034-054-9365-8353) (034-054-9365-8355) (034-054-9365-8356) 500 500 500 (034-054-9365-8357) 500 (034-054-9365-8359) 2,000 (034-054-9365-8360) 500 (034-054-9365-9990) 40,463 (034-034-1234-9379) 78,270 $2,011,864 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '93 JAN 28 Honorable Mayor and City Council Roanoke, Virginia Members of Council: I. BACKGROUND II. All :03 February 1, 1993 III . IV. SUBJECT: Funding for the Fifth District Employment and Training Consort ium A. The Governor's Employment and Training Departmenl has allocated ~itle II-B carry-over fund~ to the Fifth District Employment and Training Consortiu~ (FDETC). B. City of Roanoke is the grant recipienl for Consortium funding. City Council must appropriate the funding for all grants the Consortium receives. CURRENT SITUATION ao GETD has sent the Consortium Notice of Award (NOA) # 93- 03-04 in the amount of $78,270.00 in Title II-B carry- over funds from Program Year 1991. ISSUES A. Program Operations B. Funding C. Timing ALTERNATIVES A. Appropriate the Consortium's funding for the Title II-it carry-over totalling $78,270.00 and increase the revenue. estimate by $78,270.00 in accounts to be established by the Acting Director of Finance. 1. Program Operations - Existing programs will continue, planned programs will be implemented, and new programs will be initiated by Consortium's Policy Board and Private Industry Council. 2. Funding - Funds are available from the Grantor agency at no additional cost to the City. 3. Timing Immediate action will allow programs to continue and be completed within planned timeframes. B. Do not appropriate the Consortium's funding for the Titlo Vo II-B carry-over totallinq $78,270.00. 1. Program Operations Planned programs participants would be delayed. 2. Fundinq - Not a factor. 3. Timinq - Delay will cause late and underexpenditure of available funds. RECOF~4ENDATION Approve Alternative A: Appropriate the Consortium's to serve start-up of programs fundinq for the Title II-B carry-over totallinq $78,270.00 and increase the revenue estimate by $78,270.00 in accounts to be established by the Actinq Director of Finance. Respectively submitted, W. Robert Herbert City Manager JDR:lr cc: Acting Director of Finance City Attorney MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #468-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31326-020193 authorizing execution of a contract with Mattern and Craig, Inc., to provide certain engineering services, specifically all engineering services relating to construction of the new Failing Creek Finished Water Reservoir, in the amount of $30,000.00, as more particularly set forth in a report of the City Manager under date of February 1, 1993. Resolution No. 31326-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Philip C. Schirmer, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget NL~R¥ F. PAR~ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25~.1 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #468-405 Mr. Steven A. Campbell, Engineer Mattern and Craig Consulting Engineers and Surveyors 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. Campbell: I am enclosing copy of Resolution No. 31326-020193 authorizing execution of a contract with Mattern and Craig, Inc., to provide certain engineering services, specifically all engineering services relating to construction of the new Failing Creek Finished Water Reservoir, in the amount of $30,000.00, as more particularly set forth in a report of the City Manager under date of February 1, 1993. Resolution No. 31326-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, f~/.~__ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 1993. No. 31326-020193. A RESOLUTION authorizing the execution of a contract with Mattern & Craig, Inc. to provide certain engineering services, specifically all engineering services relating to the construction of the new Falling Creek Finished Water Reservoir. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Mattern and Craig, Inc., for the provision by such firm of engineering services, specifically all engineering services relating to the construction of the new Falling Creek Finished Water Reservoir, and as more particularly set forth in the February 1, 1993, report of the City Manager to this Council. 2. The contract authorized by this resolution shall be in the amount of $30,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #60-405-468 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: Sincerely, I am attaching copy of Ordinance No. 31325-020193 amending and reordaining certain sections of the 1992-93 Water Fund Appropriations, providing for appropriation of $35,000.00, in connection with engineering services for construction of the Falling Creek Finished Water Reservoir and related work. Ordinance No. 31325-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Philip C. Schirmer, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of February, 1993. No. 31325-020193. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Outlay $31,272,272 Water Plant Expansion Bonds - 92 (1) .................. 12,477,784 Falling Creek Finished Water Reservoir Design (2) ..... 35,000 1) Appropriations from Bond Funds 2) Appropriations from Bond Funds (002-056-8366-9189) (002-056-8369-9001) $( 35,000) 35,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor & Roanoke, Virginia '93 J/~N 27 ~10:37 Members of City Council Roanoke, Virginia February 1, 1993 SUBJECT: FALLING CREEK FINISHED WATER RESERVOIR Dear Members of Council: I. Backqround: City of Roanoke made extensive renovations to the Falling Creek Water Plant in 1992. These renovations focused upon the Falling Creek reservoir and filter plant and were completed in summer of 1992. Renovations to the Falling Creek filter plant increased the capacity of the plant. In order to efficiently utilize this additional capacity and conform with new Virginia Department of Health regulations, it is necessary to construct an additional finished water reservoir at the plant site. The new finished water reservoir will provide an additional 100,000 to 200,000 gallons of storage. C. Enqineerinq Services to be Provided: 1. Survey the proposed reservoir site and prepare topographic maps of the project site. Determine soil and geoloqic conditions that will govern the engineering design of the proposed reservoir. Prepare preliminary designs to determine the maximum practical size of the reservoir, its location, the type of construction, and its estimated cost. Several design alternatives will be evaluated. Prepare construction plans and documents necessary to gain appropriate regulatory approvals and solicit bids from qualified contractors. Provide construction support services during construction of the proposed reservoir. Honorable Mayor & Members of City Council Roanoke, Virginia RE: Falling Creek Finished Water Reservoir Page 2 II. Current Situation: Request for Professional Services with qualifying proposals was advertised in the Roanoke Times and World News on Sunday, November 1, 1992, for the New Finished Water Reservoir and Related Work at the Falling Creek Water Plant with the following firms responding: 1. Hayes, Seay, Mattern & Mattern, Inc. of Roanoke, Virginia. 2. Dewberry & Davis, Engineers & Planners of Roanoke, Virginia 3. Finkbiener, Pettis & Strout, Ltd. of Roanoke, Virginia 4. Mattern & Craig, Inc., Consulting Engineers & Surveyors of Roanoke, Virginia Personal Interviews were conducted in the Office of the City Engineer on December 9, 1992, with the following persons serving on the selection committee representing the City of Roanoke: 1. Charles M. Huffine, P.E., City Engineer 2. M. Craig Sluss, Manager, Water Department 3. Philip C. Schirmer, P.E., L.S., Civil Engineer 4. L. Bane Coburn, Civil Engineer Interview Process following presentations of proposals in accordance with Request for Professional Services confirmed Mattern & Craig, Inc., of Roanoke, Virginia, was qualified to perform the work based on the following criteria: 1. Familiarity with the Scope of Work necessary for the design of the proposed Finished Water Reservoir. Honorable Mayor & Members of City Council Roanoke, Virginia RE: Falling Creek Finished Water Reservoir Page 3 2. Prior experience with similar facilities in the City of Roanoke and other localities. Professional staff with sufficient technical personnel and equipment to meet the schedules as set forth in the consent order. Neqotiation meeting was held with Mattern & Craig, Inc. to establish a cost effective approach for the design and contract document development for the finished water reservoir. Mattern & Craiq~ Inc. have agreed to perform the work stipulated in the same request for the amount of $30~000.00. III. Issues in Order of Importance: Engineerinq Concerns in establishing a reliable but cost effective method of design and construction. B. Schedules to provide a complete facility by December 1993. C. Reasonableness of Fees proposed by the selected firm. D. Fundinq IV. Alternatives: Award engineering services contract as stipulated in the Request for Professional Services to Mattern & Craig, Inc. in the amount of $30,000.00. 1. Engineering concerns will be addressed during concept development for the proposed reservoir design. Schedules to meet the established construction completion date have been incorporated into the consultant's contract. Honorable Mayor & Members of City Council Roanoke, Virginia RE: Falling Creek Finished Water Reservoir Page 4 Reasonableness of Fees have been confirmed, based on the Scope of Work involved. Fundinq is Bonds 1992 contract. available in the Water Plant Expansion Account 002-056-8366-9189 to fund this Do not award engineering services contract as stipulated in the Request for Professional Services to Mattern & Craig, Inc.: Enqineering concerns will not be met in establishing a reliable, cost-effective design for the construction of a new finished water reservoir at the Falling Creek Water Plant. Schedules to meet the desired facility completion date cannot be maintained. 3. Reasonableness of fees will have to be re- established at a later date. 4. Funding will not be an issue at this time. V. Recommendation is that the City: Award engineering services contract, in a form acceptable to the City Attorney, to Mattern & Craig, Inc., of Roanoke, Virginia in the amount of $30t000.00. Appropriate $35,000.00 from the Water Plant Expansion Bonds 1992 Account 002-056-8366-9189 to a new account entitled "Falling Creek Finished Water Reservoir Design". The $5~000.00 in excess of the contract amount is necessary to fund approximately $1~000.00 in advertising expenses and provide a contingency for the design contract. Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor & Members of City Council Roanoke, Virginia RE: Falling Creek Finished Water Reservoir Page 5 WRH/PCS/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Engineer CITY OF ROANOKE, VIRGINIA AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT, made at Roanoke, Virginia, this __ day of in the year 19__, by and between the City of Roanoke, Virginia (hereinafter referred to as the "Owner"), and ~atter~ & Craig, Inc., 70] First St., SW, Roanoke, VA 24016 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, the Owner intends to sponsor the accomplishment of the additio, of a finished water reservoir at the Fallin~ Creek Water Plant, the installation of baffles in the exi$1;inq finished water reservoir, and miscellaneous piping. and other additional services as defined herein. WHEREAS, the Owner intends to contract for consulting services for the scopeofserviceshereinafterstatedandassetforthinExhibit A attachedhereto- (Scope of Services) and WHEREAS, the Consultant agrees to furnish an executed "Certification of Consultant" and certain professional architectural, engineering, and land sur- veying services as appropriate and enumerate4 hereinafter, in connection with the Project. NOW THEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the Agreement and the Respective Covenants herein contained, IT IS MUTUALLY COVENANTED AND AGREED AS FOLLOWS: -1- CONSULTANT SERVICES FOR PHASE I - PRELIMIRARY Consultant shall provide the followin6 professional services in connec- tion with the preparation of a development plan for the orderly devel- opment of the Project, ]. Consistent with the Owner's intent to proceed as rapidly as possible with construction, the Consultant will emphasize,, in prepa- ration of the development plan, the early identification of priorities in the project. 3. PreDate preliminary opinion of probable Pro,eot Costs. ~. Provide the Phase I services as described in Exhibit A - (Scope of Services). based on the II. CONSULTANT SBRVICE$ FOR P~ASg II - DESIGN The Consultant asrees to ~urnish and perform the various Professional services required for the desisn of the P~oJect ..... za-:__:._t: of thc a~oope of workaand upon writte~ notice to proceed as follows: T-described in Exhibit A ]. Attend as needed, detalled.confereness with the Owner,s representa- tives and other a~encies involved Ln the development of the Project. 2. Prepare enslneerin~ data, where neeess&r¥, for reSulatory permit applications reqtttred by Local, State, or Federal authorities. 3. Furnish Owner up to five (5) copies of drawin~s, spe~ifieations, and other contract drawinEs for final review by Owner and approvin~ authority. ~. Render clarification of the construction plans and special provi- provisions, when and if such clarification is deemed necessary. 5. Prepare detailed Project Cost Estimate and proposed sequence of construction for the Owner. -2- 6. Furnish Lhe Owner up to five (5) copies of approved drawings, spe¢if£cations and other contract documents for use by the O~ner~s staff dur£n~ construotion. ?.. Prepare advertisements for the P'roJect for use by the O~ner. Issue documents for construction. Conduct pre-bld conferenoe for,~ 0~e tc '~-~? (3) construction oontraot~ developed from proJeot design. 8. Assist the Owner in securinE bids, tablulations, and analysis of bid results, and furnish recommendations on the award of construction 9. Assist in the preparation of formal contract documents for the award of contracts as needed. 10. Provfde the' Phase II servtces as described in'£xhibit A - (Scope of Services) -3- III. CONSULTANT SERVICES FOR PHASE III - CONSTRUCTION Upon Owner's written direction to Consultant to proceed with this Phase, hr ~crvic-q -~-~cr~d tkc~cfcz~, the Consultant a6rees to furnish and Derfo~m the various professional services required for the construction of the Prelect as follows: A. Office Coordination: Conduct the pre-constructinn meeting(=), up t~ thz=: (3). Consult and advise the Owner during construction. 2. Prepare elementar7 sketches and supplementar7 sketches required to resolve problems arisin~ from actual field con- ditions encountered. Prepare' documents for Change Orders where appropriate. Consultant shall not issue change orders to contractor until Change Orders have been authorized and approved by the Owner. 3. Check detailed construction, shop, and erection draw~.ngs sub- mitred by contractors for compliance with design concept.' Review and approve requests for monthly and final, payment to contractors, based .on weekly overview visits. Record 5. PrepameA"*~'~l~fe#drawinss- and verify final quantities based on information provided by the contractors and verified by the Owner's inspector. Furnish Owner one (1) set of mylar reproducible drawin~s. Provide Owner one (1) set ofd4~raw~nss (without professional seal) on Autocad format (Release.- or 12. 6. Issue all instructions of Owner to Contractor; issue neces$sry interpretations and clarifications of the contract documents. Provide the Phase III services described in Exhibit A - (Scope of Services). B. Field Consultatinn: Conduct at least four (#) field overviews per month on each Construction Contract during the construction of the Project (seven days between such inspections) to confirm reasonable compla£nce with the approved plans and specifications. -q- Render a semi-final inspection report including a punch list of uncompleted items on the project work to the Owner, and a final report or reports that shall certify to the owner, that the work involved has been completed in substantial accor- dance with the plans, specifications and contract documents as the same may have been modified, or supplemented by change order, supplementary contract, or otherwise and that such work is acceptable or shall indicate in what respect the work is deficient and what steps need to be taken to render the work acceptable. Observe the work and advise the Owner of deficiencies in order to protect the Owner against defects and deficiencies on the part of the work of the Contractor. Consultant, however, is not a guarantor of the Contractor's work, or safety in, on, or about the job site. Owner recognizes that Consultant is not in control of the safety or adequacy of any equipment, building, component, scaffolding,~orms or other shori~, work aids; nor is Consultant responsible for superintending the work. Provide assistance, as required and requested, to the Owner, as an expert witness in litigation arising from the develop- ment or construction associated with the Project, for a fee to be negotiated at the time assistance is requested. IV. SCHEDULE FOR DELIVERY OF WORK BY CONSULTANT The Consultant shall accomplish the'work with due diligence and complete work as follows: A. Phase I - ~thin3Ocalendard~ysfr~n(l~ner'swrittenNoticetoProceed~th this phase. -5- E. Phase TI - sub,it plans, specifications and des/gm calculations to the Virginia Department of Health within 30 calendar days from ii,her s written l~otice to Proceea v~tn this phase. Bidding documents and incorporation of Health Depari~ cc~s will be cam- plated within 7 days of Health Deparb~ent C. Phase TTT - Services shall be provided for a construction period of 4 months. If the construction period extends beyond this period, (~ and Consultant n~y mutually agree to extend provision for these services. Fee for these additional services will be co4mJted on the basis of direct personnel expenses plus reimbursable e~penses as OUtlined in Section V.C. V. PAYMENT FOR CONSULTANT SERVICES The Owner agrees to pay the Consultant as compensation for rendering the professional services above described as follows: A. For services outlined in Section I - Preliminary, a fee not to exosed six thousand, seven hundred ($6,700.00~ plus $2,250.00 for topographic mapping, plus $3,4bU.00 al Iow~e for geotecnnlcal investigation ~ the basis mf direct p~l expensesplus reimbu~able exp~s~ ccqmJted as follcve: (1) Enployee's tine at a multiple ot Z.J t~nes mrect ve~o~) Expense, plus Reimbursable Expens~ tines a multiple of 1.15. Exhibit If s major change or addition to the scope of work is required or extensions of time for completion of the projects are required (not caused by the Consultant),a change to this agreement will be negotiated by the parties. The above fee is based on the cost breakdown shown inTAf, f~a~ea~ A. Payments shall be made in pro- portion to services performed as determined by the Owner. Requests for payment received by the Owner by the 20th of the month will be paid by the lOth of the following month. B. For services outlined Section II - Design, a fee not to exceed thirteen thousand, six hundred dollars ($13,600.00) on the basis of direct personnel expenses plus reimbursable expenses computed as follm~_: (1) Emplo.~'s ti~ at a multiple of 2.3 tines Direct personne E~penses, plus ~eimbursable ~xpenses ~lneS a multiple of 1.15. If a major change or addition to the scope of work Is required (not caused by the Consultant) a change to this agreement will be negotiated by the parties. ?a~ments shall be made as in A above. C. For services outlined in Section III - Construction, a fee not to exceed four thousand dollars ($4,000.00) on the basis of direct personnel exp(ms~ plus ~inl~Jrsable expenses ca~tecl as follow: (1) Employee's tine at a multiple of 2.3 tines Direct pe~l Expense, plus Reimbu~able Exnens~ tines a multiole of 1.15. -6- record If a major change or addition to the scope of work is required (not caused by the Consultant), a change to this agreement will be negotiated by the parties. Ten (105) percent of the fee for Section III - Construction, shall be held by the Owner pending receipt of~"i: ~"~'~" drawings, e ...... ~ 5~ ....... ~ --'y ~ D. Direct Personnel Expense is defined as the salaries of pro- fessional, technical, and clerical employees engaged on the Project by the Consultant and the cost of mandatory and customary fringe benefits such as statutory employee benefits, insurance, sick leave, holidays, etc. The cost of mandatory and customary fringe benefits shall be computed at ~0 percent of salaries. Current hourly rates of employees are attached as Exhibit~ B, vary during the term of this Agre~,~t. E. Reimbursable Expenses are: Expenses of transportation and living expenses for required out of Roanoke travel in connection with the Project. Expenses claimed shall not exceed Runzheimer Meal ~ Lodging Cost Pocket Guide, latest edition, amounts for nearest loca- lities listed to places traveled. Fees paid by the Consultant for securing approval of authori- ties having Jurisdiction over the project. e Costs to the Consultant for aerial topography or photogram- metric mapping of the Project as are approved by the Owner prior to obtaining services. Costs to the Consultant for outside consulting geotechnical and laboratory testing services for this Project as are approved by the Owner prior to obtaining the services. Costs to the Consultant for outside consulting services for this Project as are approved by the Owner prior to obtaining the services. e Other costs to the Consultant for this Project as are approved by the Owner prior to obtaining the services. All approved reimbursable expenses shall be billed to the Owner at the direct cost to the Consultant multiplied by 1.1~ -7- Consultant's Computer Aided Drafting and Design (CADD) and equipment use shall be billed to the Owner at the hourly rate set forth in Exhibit A~o this Agreement. VI. SPECIAL CONDITIONS A. It is further agreed by the Parties hereto that one reproducible copy each of the drawings, tracings, construction plans, specifi- cations and maps prepared or obtained under the terms of the contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations and other data shall be made available upon request by the Owner without restriction or limitation on their use. Consultant shall deliver to Owner, at Owner,s request, drawings in Autocad format ~ a~tno additional cost to the Owner. (Release ] ]2 B. It is further agreed by the Parties hereto that the Consultant shall proceed to furnish professional services on any phase of the Project under the terms provided in this Agreement, only after the Notice to Proceed has been given in writing hy the Owner. Ce Each party binds itself, its principals, successors, executors, administrators and assigns to perform all covenants of this Agreement.. Except as above noted, neither the Owner nor the Consultant shall assign, or transfer his interest in this Agreement without the written consent of the other Party hereto. De This agreement expires upon final approval and acceptance of the completed Project by Owner and any participating agencies. Ee The Consultant agrees to conduct the services in compliance with all the requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964, Part. 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity" as supplemented in Department of Labor Regulations (49 CFR, Part 60); and ngrees to comply with appli- cable standards, orders or regulations issued pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action Program. -8- Owner advises Consultant that failure of Consultant to carry out the requirements set forth in 45 Federal Register 21186, Section 23.43 (a) (1980) dealing with minority business enterprise, where appropriate, shall constitute a breach of contract and may result in termination of this agreement or such remedy as Owner deems appropriate. Owner requires Consultant to comply with any and all applicable and lawful Federal regulations, as they may be from time to time amended. The Consultant agrees that the Owner, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to any specific grant program with respect to this Project for the purpose of making audit, examinations, excerpts and transcriptions. Consultant shall maintain insurance with a quality company d~ring the life of the Contract and furnish Owner Certificates of Insurance naming the Owner, its officers, agents, and employees as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever fo~ property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. M/nimum limits of liability shall be as indicated below: Commercial General Liability: $2,000,000 Combined Single Limit to include Contractual, Owners and Contractors Protective, and Personal Injury (Libel, Slander, Defamation of Character, etc.) Automobile Liability: $1,000,000 Combined Single Limits. The above amounts may be met by an umbrella liability policy following form of the underlyin~ primary coverage in a minimum amount of Two Million Dollars ($2,000,000). Professional Liability: $1,000,000 per claim/ $2,000,000 aggregate. The Consultant shall indemnify and hold harmless Owner and its officers, a~ents, and employees a~ainst any and all liability, losses, damages, claims, causes of action, suits of any nature, cost, and expenses, including reasonable attorney's fees, resulting from or arising out of Consultant's negligent activities or omissions on Owner,s property or arising out of or resulting from Consultant's negligence in providing the services under this Agreement, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations pro- mulgated thereunder, personal injury, wrongful death or property damage claims. -9- 11/26/91 VII. While on Owner's property and in its performance of this Agreement, Consultant shall not transport, dispose of or release any hazardous substance, material or waste, except as necessary in performance of its work under this Agreement and Consultant shall comply with all federal, state and local laws, rules, regulations and ordinances controlling air, water, noise, solid wastes and other pollution, and relating to the storage, transport, release or disposal of hazardous materials, substances or waste. Regardless of Owner's acquiescence, Consultant shall indemnify and hold Owner, its officers, agents, and employees, harmless from all costs, liabilities, fines or penalties, including attorney's fees resulting from violation of the preceding paragraph and agrees to reimburse Owner for all costs and expenses incurred by Owner in eliminating or remedying such violations. Consultant also agrees to reimburse Owner and hold Owner, its officers, agents, and employees harmless from any and all costs, expenses, attorney's fees and all penalties or civil Judgments obtained against the Owner as a result of Consultant's use or release of any hazar.dous substance or waste onto the ground, or into the water or air from or upon Owner's premises. The Consultant agrees to waive any and all statutes of l'imitations applicable to any controversy or dispute arising out of the pre- ceding paragraphs and Consultant further agrees that it will not raise or plead a statute of limitations defense against Owner in action arising out of Consultant's failure to comply with the pre- ceding paragraphs. SPECIAL PROVISIONS If any of the services outlined in Section I, II or III are fur- nished by the Consultant by obtaining such services outside the Consultant's organization, the Consultant shall provide an exe- cuted contract between the person(s) or firm and the Consultant shall outline the services to be performed and the charges for the same. Two copies of the executed contract shall be submitted to the Owner for approval prior to the services being performed. Approvals shall not be unreasonably withheld. The consultant shall comply with the provisioes of Roanoke City Code 23.1-20, a copy of which is attached. The Owner shall make available to the Consultant all technical data that is in the Owner's possession, including maps, surveys, property descriptions, borings, and other information required by the Consultant and relating to his work. The Owner shall designate, in writing to the Consultant, the name of the Owner's project manager for the Project. -10- The Owner shall pay for publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by Local, State or Federal authorities; and shall secure the necessary land, easements, right-of-way required for the Project. The Owner and Consultant, by seven days written notice, may ter- minate this agreement in whole or in part at any time, because of the failure of the other party to fulfill its' agreement obliga- tions. Upon receipt of such notice, the Consultant shall: (1) Immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Owner all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Consultant in performing this agreement whether completed or in process· If the termination is due to the failure of the Consult4nt to fulfill his agreement obligations, the Owner may take over the work and prosecute the same to completion by agreement or otherwise. In such case, the Consultant shall be liable to the Owner for any damages allowed by law, and upon demand of Owner shall promptly pay the same to Owner. Should the agreement be terminated, the Consultant shall be entitled to and shall receive a fee based on cost plus a fixed fee to the day of notification, provided such fee be approved by any applicable Federal or State approving agency. For services completed the Consultant shall receive payment for his costs plus a percentage of the fixed payment as described in Section V. The percentage shall represent the amount of work completed to date compared to the estimated amount of work to complete the total project· The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this agreement. If the construction plans are oompleted in accordance with cri- teria and/or decisions made by the Owner and the said construction plans are substantially changed or revised, for any reason other than the fault of the Consultant in preparin~ same, then the Consultant shall he entitled to compensation for rendering the services necessary to complete the changes. The amount of this fee shall be negotiated between the parties, with the concurrence of any applicable Federal or State approving agency, prior to authorizing the Consultant to proceed with the changes. The fee for the changes shall be due and payable when the revisions are approved by the Owner. IN WITNESS WHEREOF, the parties hereto have affixed their hand and seals. ATTEST: ~ Secreta~ Mattern & Crai,q (SEAL) ~~ (SEAL) President/VA~-e-Trewl~en~- CITY OF ROANOKE, ATTEST: By City Manager City Clerk Approved as to form: City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date: Account #: -12- ROANOKE CODE 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 subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor .ggrees as follows: The contractor will not discriminate against any subcontract, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bonafidm occupational qualification reasonable necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clau~e. (2) The contractor, in all solicitations or advertisements for employees placed by or 9n behalf of the contractor, will state that such contractor is an equal employment opporttulity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, ntle or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The contractor will include the provisions of the foregoing subparagraph (a)(1), (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 subcontractor or vendor. (Ord. No. 26298, & 1, 12-6-82) Sec. 23.1-21. Debarment. Proepoctivm 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 unsatisfactory performance of the City or for violation of federal or state laws relating to antitrust or federal or state law or local ordinance. -13- CERTIFICATION OF CONSULTANT I hereby certify that I am the-~Preside~lt (Title) representative of the firm of Matter~l& Cr~9, Inc. whose address is 7~l Fir~t~tr~t_. ~W. R~e. VA2~16 and ~ha~ neither I nor ~he a~ve firm I here represen~ has: and duly authorized (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bonafide employee working solely for me or the above consultant) to solicit or secure this contract; (b) agreed, as an express or implied condition for obtaining this contract~ to employ or retain the services of any firm or person in connection with carrying out the contract; or, (c) paid or agreed to pay any firm, organization, or person (other than a bonafide employee working solely for me or the above consultant) any fee cbntri- bution, donation, procuring or carrying out the contract, except as here expressly stated (if any); NONE acknowledge tbac this cert~ficate is furnished to the City of Roanoke in con- nection with thin contract and ia subject to applicable state and federal laws, both criminal and civil. EXHIBIT A DECEMBER 4, 1992 SCOPE OF SERVICES NEW FINISHED WATER RESERVOIR FALLING CREEK FILTER PLANT CITY OF ROANOKE, VIRGINIA The Engineering services will include surveying and subsurface testing of the portion of the Falling Creek Water Treatment Plant site on which a new storage tank of from 100,000 to 200,000 gallon capacity can be constructed. The services will include recommendations as to maximum practical size and configuration of the proposed tank; design of all required piping to connect the new storage facility to the existing and to the yard piping; design of a baffling system for the new and existing tanks, design the new tank; design of repairs to the roof of the existing tank. Engineering services will include the preparation of preliminary sketches and final plans and specifications; preparation of preliminary and final estimates of probable construction costs; submittal of preliminary sketches and final plans and specifications to the City of Roanoke, Bedford County and the Virginia Department of Health for approval; prepare the Contract Documents; assist the City of Roanoke in the preparation of the project advertisement and the reception of bids; construction contract administration, which shall include the review and approval of shop drawings, periodic observation of the project as work progresses (two visits per month for four months); and the monthly review and approval of the contractor's pay requests. A more complete list of services follows: Phase I - Preliminary Design - Letter Report - Topographic Mapping - Geotechnical Investigatio~ - Basic Services - Basin Size, Type and Cost Analysis - CT Value Calculations - Piping/ValvingArrangement - Preliminary Design (sketches) - Preliminary Cost Estimate Phase I Basic Services Topo Survey Geotechnical $ 6,700.00 $ 2,250.00 $ 3,450.00 Phase II - Pinal Design - Final Design - Plans, Specifications, Calculations - Erosion & Sediment Control Plan - Sequence of Construction - Final Cost Estimate - Submissions to Virginia Department of Health & Bedford County - Preparation of Bidding Documents - Distribution of Bidding Documents - Issuance of Addenda - Pre-Bid Conference - Bid Opening/Bid Tabulation - Review of Bids/Recommendation - Preparation of Contract Documents Phase II Basic Services Reimbursable Expenses $13,100.00 $ 5oo.0o Phase III - Construction Administration (4 months) - Pre-Construction Conference - Review of Shop Drawings - Review of Pay Requests - 2 Site Visits/Month for 4 Months = 8 - Final Inspection - Record Drawings Phase III Basic Services $ 2,700.00 Site Visits & Record Drawings $ 1,300.00 Full time resident inspection may be added to this contract if mutually agreed to by Owner and Consultant for a fee to be negotiated. EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONS SERVICES FOR NEW FINISHED WATER RESERVOIR FALLING CREEK FILTER PLANT CITY OF ROANOKE, VIRGINIA HOURLY EQUIVALENT PERSONNEL COSTS* NOVEMBER, 1992 $37.32 Surveyors Principals Engineer Inspector Marketing Manager Design Tech. Technician $31.53 29.90 29.45 28.79 27.83 26.77 23.44 17.29 16.81 16.17 15.60 $19.50 14.68 $14.20 $20.80 19.88 18.75 17.62 17.23 16.54 16.03 15.00 11.91 $12.14 12.05 11.70 9.32 8.84 8.28~ Clerical $24.20 15.99 15.70 13.00 11.71 9.56 8.71 7.1~ 6.83 $17.24 12.06 10.00 9.56 8.87 CADD $45.04 PC/AT 10.60 *Includes fringe benefits. Divide by 1.3 to obtain hourly pay rates. CERTIFICATE OF INSURANCE ,ESUE DA. I M,DO.y, 12/17/92 THIS CER/iFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Johnson & Higgins of Virginia, Inc. ~ost Office Box 2470 Roanoke, Virginia 24010 COMPANY LETTER A COMPANY B Yattern & Craig, Inc. -01 First Street, S.W. Roanoke, Virginia 24016 COMPANIES AFFORDING COVERAGE COVERAGES COMPANY LETTER C United States Fidelity & Guaranty Company Lloyd's of London COMPANY LETTER D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. 1MP14095801500 01/01/92 01/01/93 COMBINED SINGLE X ^.v^u~o 1AB30049972700 01/01/92 01/01/93 uu~ X ALi. OW~ED AUTOS 1,000,000 BODILY INJURY X SCHEDULED AUTO8 (Pm' p~) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Pe~ accident) ~xcEss UAmUTY ~c. OCCUnRENCE ' 2,000,000 X UMBRELLAFORU 1MP14095801500 01/01/92 01/01/93 AGGREGATE $ 2,000,000 ANO 66 44995926 O1/01/92 01/01/93 EACH ACCIDENT $ 100,000 EMIM. OYEgS' LIABILJ'rY DISEASE--POLiCY LrMIT $ 500,000 $2,000,000 Per Claim Architects/Engineers CJ920618 05/01/92 05/01/93 $2,000,000 Aggregate $ 65,000 Deductible Re: Finished Water Reservoir, Falling Creek Water Plant. The City of Roanoke, Its Officers Agents and Employees shall be named as Additional Insured as their interest may appear re~ardinm General Limhilitv mhd [[mhrmllm cnv~rm~=~ '~:fl.~ATEHOLDER ~ - CANC~_A_~ON/ City of Roanoke Engineering Department Room 350, Municiple Building 215 W. Church Avenue Roanoke, Virginia 24015 ACOflD 25.-.t (7190) ' ', OACORD CORPORATION 1990 CERTIFICATE OF INSURANCE ADDEND~ The insured covered by this Certificate shall not be cancelled, except after 10 days written notice has been received by the City of Roanoke Engineering Department. ~ Lori S. M~/re 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 February 4, 1993 File #183-472-144 Mr. Paul Grim Truck Fleet Manager Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24016 Dear Mr. Grim and Mr. Defenbaugh: Mr. John Defenbaugh Customer Service Assistant Dempster, Inc. P. O. Box 1388 Taccoa, Georgia 30577 I am enclosing copy of Resolution No. 31327-020193 accepting bids submitted by Magic City Motor Corporation, in the amount of $112,330.76, for two new truck cab/chassis for rear loading refuse bodies; and Dempster, Inc., in the amount of $39,800.00, for two new 20 cubic yard rear loading refuse bodies to be used by the Solid Waste Management Departments. Resolution No. 31327-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l Telephone: (703) 981 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #183-472-144 Cavalier Equipment Corporation Fulton Trucks, Inc. McCormack International Mid-State Equipment Company, Inc. Sanco/A Division of The Heil Company Solid Waste Equipment Company Virginia Public Works Equipment Ladies and Gentlemen: I am enclosing copy of Resolution No. 31327-020193 accepting bids submitted by Magic City Motor Corporation, in the amount of $112,330.76, for two new truck cab/chassis for rear loading refuse bodies; and Dempster, Inc. in the amount of $39,800.00, for two new 20 cubic yard rear oadlng refuse bodies to be used by the 1 ' ~ Solid Waste Management Departments. Resolution No. 31327-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the abovedescribed vehicular equipment. Sincerely, /~&aJ,~4.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #183-472-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31327-020193 accepting bids submitted by Magic City Motor Corporation, in the amount of $112,330.76, for two new truck cab/chassis for rear loading refuse bodies; and Dempster, Inc., in the amount of $39,800.00, for two new 20 cubic yard rear loading refuse bodies to be used by the Solid Waste Management Departments. Resolution No. 31327-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. /~,,~a~(~.~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. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Jerry R. Chocklett, Jr., Acting Manager, Refuse Collection 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 ROANOKE, VIRGINIA, lhe lst day of February, 1993. No. 31327-020193. A RESOLUTION accepting bids for certain vehicular equipment, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Quantity and Successful Purchase Description Bidder Price Two (2) New Truck Cab/ Chassis for Rear Loading Refuse Bodies Two (2) New 20 cu.yd. Rear Loading Refuse Bodies Magic City Motor Corporation $ 112,330.76 Dempster, Inc. $ 39,800.00 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; notify each such bidder appreciation for each bid. and the City Clerk is directed to so and to express to each the City's ATTEST: City Clerk. Roanoke, Virg"~i~N 2 p lnj I727 February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids for the Purchase of Refuse Trucks Bid No. 92-12-27 I. Background Capital Maintenance and Equipment Replacement Program has identified the need to replace two (2) 20 cu. yd. Refuse Trucks in Solid Waste Management Departments. December~ 1992 specifications were developed and along with request for quotations were sent to twenty-five (25) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received after due and proper advertisement, until 2:00 p.m. on December 23, 1992 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation Ail bids received were evaluated by representatives of the following departments: Public Works Solid Waste Management Fleet Management General Services State Contracts were reviewed. No State Contract currently exists on this type of equipment. Refuse Trucks Bid No. 92-12-27 Page 2 III. IV. Issues Bid Evaluations are as follows: Item #1 Two (2) New Truck Cab/Chassis for Rear Loading Refuse Body. The lowest bid, Alternate Bid #1 submitted by Magic City Motor Corporation took exception to Engine torque. This is substantial and cannot be waived as an informality. The second lowest bid, submitted by McCormack International took exception to the Front Spring requirement. This exception is substantial and cannot be waived as an informality. The lowest bid meeting specifications is submitted by Magic City Motor Corporation at a cost of $56,165.38 per unit. Item #2 - Two (2) New 20 cu. yd. Rear Loading Refuse Packer Bodies to be mounted on the above Cab/Chassis. The lowest bid, submitted by Dempster, Inc. meets all required specifications for a cost of $19~900.00 per unit. Need Compliance with Specifications Fund availability Alternatives A. Council accept the lowest bids meeting specifications for Refuse Trucks and Bodies as follows: Two (2) New Cab/Chassis for 20 cu. yd. Rear Loading Refuse Bodies as submitted by Magic City Motor Corporation for a total cost of $112~330.76. Refuse Trucks Bid No. 92-12-27 Page 3 Two (2) New 20 cu. yd. Rear Loadinq Refuse Bodies to be mounted on above Cab/Chassis, as submitted by Dempster, Inc. for a total cost of $39~800.00. Need - Requested Refuse Equipment is needed to provide continued effective and efficient service to citizens. Compliance with Specifications - The units recommended in this alternative meets all required specifications. c Fund availability - Funds to provide for the purchase of this requested equipment is available in Fleet Management Account 006-052-2641-9010. B. Reject all Bids Need - The performance of assigned refuse removal services would not be accomplished in the most efficient manner. Compliance with Specifications would not be a factor in this alternative. Fund availability - Designated Funds would not be expended. Recommendation Council concur with Alternative "A" award the bids for Refuse equipment as follows: Two (2) New Truck Cab/Chassis for Rear Loadinq Refuse Bodies from Magic City Motor Corporation for a total cost of $112,330.76. Two (2) New 20 cu. yd. Rear Loadinq Refuse Bodies to be mounted on above Cab/Chassis from Dempster, Inc. for a total cost of $39,800.00. Refuse Trucks Bid No. 92-12-27 Page 4 cc: B. Reject all other bids. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Office of Management & Budget m o MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 1, 1993 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the terms of Messrs. Charles W. Day and Finn D. Pincus will expire on June 30, 1993. According to Section 9-16, on or before February 15 of each year, Council shall announce its intention to elect trustees of the Roanoke City School Board fox, terms commencing July 1 through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 provides that all applications must be filed in the City Clerk's Office by March 10 of each year. Application forms will be avaliable in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., Monday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. Over the next four months, I will keep the Council informed as to the various steps required to be followed throughout the selection process. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm PROCESS MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please note the following dates on your calendar with regard to the School Board selection process: (1) On Monday, March 15, 1993, at 12:30 p.m., in the Atrium of the Courthouse, 315 Church Avenue, S. W., Council will hold an informal meeting (reception), which will be open to the public with all candidates for school trustee. (2) On Monday, March 22, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of school trustee. At such meeting, Council will review all applications filed for the position and Council may elect to interview candidates for such positions. (3) On Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selection process. The number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (4) On Monday, April 26, 1993, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. (5) On Thursday, April 29, 1993, at 6:00 p.m., in the City Council Chamber, Council will hold a meeting for the purpose of conducting a public interview of the candidates for school trustee. The Honorable Mayor and Members of the Roanoke City Council February 4, 1993 Page 2 (6) On Monday, May 10, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the vacancies on the Roanoke City School Board. If you desire additional information, or if I may be of assistance in any way, please do not hesitate to call me. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: 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 Ms. June S. Nolley, Secretary to the Superintendent and Deputy Clerk of the Board M~R¥ ltl PARI~2R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 1, 1993 File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process. Therefore, it is respectfully requested that Council establish specific dates for the following: (1) On or before March 20, Council shall hold an informal meeting which shall be open to the public with all candidates for school trustee. (2) On or before March 31, Council as a Committee of the Whole, shall at a regular meeting, review and consider all candidates for the position of school trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. (3) On or before April 20, Council shall, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates shall be eliminated from the school trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. (4) Prior to the public interview of candidates for school trustee required by §9-21 and prior to April 30, Councli shall hold a public hearing to receive the views of citizens. (5) On or before April 30, Council shall hold a meeting for the purpose of conducting a public interview of the remaining candidates for school trustee. (6) Subsequent to the interview and on or before May 15, Council shall hold an election at a regular or special session of the Council to fill the vacancies on the Roanoke City School Board. The Honorable Mayor and Members of the Roanoke City Council February 1, 1993 Page 2 Your assistance in establishing specific dates will be appreciated in order that applicants may be apprised of the proposed schedule. Sincerely, ~Oc~ Mary F. Parker, CMC/AAE City Clerk MFP: sm ESTABLISH MARY F. PARICER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City' Clerk February 4, 1993 File #144-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, February 1, 1993, the question of whether or not the City can require the use of reflective tape on dumpsters located on City property was referred to you for report to Council. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. William F. Clark, Director, Public Works MARY F. PARKER City Clerk, CMC/AAE 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 February 4, 1993 File #184-15-104 Mr. James D. Ritchie, Sr. Assistant City Manager Roanoke, Virginia Dear Mr. Ritchie: I am attaching copy of Resolution No. 31333-020193 confirming your appointment as Assistant City Manager, effective February 2, 1993. Resolution No. 31333-020193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 1, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Grisso, Acting Director of Finance Ms. Doris B. Peters, Retirement Administrator Mr. Wilburn C. Dibling, Jr., City Attorney Ms. Corinne B. Gott, Acting Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st davy of February', 1993. No. 3:1333-020193. A RESOLUTION confirming the City Manager's appointment of James D. Ritchie, Sr. as Assistant City Manager. BE IT RESOLVED by the Council of the City of Roanoke that the said Council doth hereby confirm the City Manager's appointment, as communicated to Council by the City Manager in his report of February 1, 1993, of James D. Ritchie, Sr. as Assistant City Manager, effective February 2, 1993. ATTEST: City Clerk. Office of the C~/Manager February 1, 1993 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor and Members of Council: Subject: Appointment of Assistant City Manager Pursuant to Section 21.1 of the City Charter, I am pleased to appoint James D. Ritchie, Sr. as Assistant City Manager effective February 2, 1993. This position is subject to a confirmation by a majority of the members of Council. I recommend to you adoption of the attached resolution by which Council confirms the appointment of Mr. Ritchie. Respectfully submitted, WRH/dh cc; W. Robert Herbert City Manager Ms. Mary F. Parker, City Clerk Room 364 Municipal Building 215 Church Avenue SW Roanoke Virginia 240t t (703) 981-2333 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #15-110-247 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke held on Monday, February 1, 1993, you were elected as a member of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Joel M. Schlanger, resigned, ending April 12, 1996. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am attaching copy of the Freedom of Information Act. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 Ms. Margie W. Thomas, Secretary of Virginia Tech Board of Visitors, 210 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 Mr. Brian J. Wishneff, Chief, Economic Development COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the first day of February, 1993, JAMES D. GRISSO, Acting Director of Finance, was elected as a member of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Joel M. Schlanger, resigned, ending April 12, 1996. Given under my hand and the Seal of the City of Roanoke this fourth day of February, 1993. City Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25,~1 SANDRA H. EAKIN Deputy City Clerk February 4, 1993 File #15-110-323 Ms. Andrea Wright 127 Huntington Boulevard, N. E. Roanoke, Virginia 24012 Dear Ms. Wright: At a regular meeting of the Council of the City of Roanoke held on Monday, February 1, 1993, you were elected as a member of the Roanoke Public Library Board, for a term ending June 30, 1995. Enclosed you will find a Certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipai Building prior to serving in the capacity to which you were elected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. po: Dr. Frank J. Eastburn, Chairperson, Roanoke Public Library Board, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Ms. Beverly James, City Librarian COMIVIONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the first day of February, 1993, ANDREA WRIGHT was elected as a member of the Roanoke Public Library Board, for a term ending June 30, 1995. Given under my hand and the Seal of the City of Roanoke this fourth day of February, 1993. City Clerk