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HomeMy WebLinkAboutCouncil Actions 03-01-93WHITE 31356 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL March 1, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order - Roll Call. Council Member Musser was absent. The Invocation was delivered by The Reverend Walter L. Wood, Jr., Pastor, New Life Temple Pentecostal/Holiness Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. BID OPENINGS Bids for compliance for the disabled at Southeast Action Forum (Old Fire Station No. 6) and Villa Heights Recreation Center. Nine bids were referred to a committee composed of William White, Sr., Chairperson, Kit B. Kiser and William F. Clark for tabulation, report and reconunendation to Council. 2. CONSENT AGENDA C-I C-2 (APPROVED 6--0) ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 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)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A communication from Mayor David A. Bowers recommending that certain items be included in the City's Capital Improvement Program for fiscal year 1993-94. RECOMMENDED ACTION: Receive and file. The City Attorney was requested to prepare the proper measure in support of AMTRAK Extension to Roanoke. 2 C-3 A communication from Jeffrey A. Cromer, Solid Waste Disposal Manager, transmitting the budget summary, revenue and tonnage projections for the Roanoke Valley Regional Solid Waste Management Board for the three month period of July 1, 1993 to September 30, 1993. RECOMMENDED ACTION: Receive and file. C-4 A list of items pending from July 10, 1978, through February 22, 1993. RECOMMENDED ACTION: Receive and file. C-5 Qualification of James D. Grisso as a member of the Hotel Roanoke Conference Center Commission to fill the unexpired term of Joel M. Schlanger, resigned, ending April 12, 1996. RECOMMENDED ACTION: Receive and file. A request of Vice-Mayor Fitzpatrick 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. A report of the City Manager requesting that Council convene in Executive Session to discuss a m~er with regard to location of an existing business when no previous announcement has been made of thc business' interest in expanding in the community, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HEARING OF ClTIZ .NS UPON PUBLIC MATTERS: Request to present the Annual Report of the Roanoke Civic Center. Mr. Vernon M. Danielsen, Chairperson, Roanoke Civic Center Commission. Received and filed. Request to address Council with regard to enactment of a measure allowing establishment of a Special Service District in the Williamson Road area. Mr. Charles E. Overstreet, President, Williamson Road Area Business Association, Spokesperson. Council authorized a public hearing to be held on Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard. 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board recommending appropriation of $2,584.00 for the Title II-A OK Project; and $44,361.00 from the 1992-93 Capital Maintenance and Equipment Replacement Program to be used for roof replacement at Woodrow Wilson Middle School and Virginia Heights Elementary School. Adopted Budget Ordinance No. 31356--030193. (6-0) At this point, Council Member White left the meeting. 5. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 4 A report recommending implementation of curbside and alleyside refuse collection service on or before June 1, 1993. Adopted Ordinance No. 31357--030193 and Resolution No. 31358-030193. (5-0) A report recommending extension of pay benefits to an employee of the Police Department. Adopted Resolution No. 31359-030193. (5-0) A report recommending execution of a contract with Southeastern Library Network, Inc. (SOLINET) for provision of online bibliographic cataloging services to the Roanoke City Library. Adopted Resolution No. 31360-030193. (5-0) o A report recommending that the Virginia Department of Transportation be requested to program an urban construction project for a pedestrian overpass above Norfolk Southern Railroad tracks, including the related atrium facility, to connect between the Hotel Roanoke/Conference Center area and the Historic Market area. Adopted Resolution No. 31361-030193. (5-0) o The City Manager orally advised that Transkrit Corporation from Brewster, New York, will relocate its corporate headquarters, several offices and manufacturing positions to the City of Roanoke. CITY ATTORNEY: A report with regard to the City's public begging ordinances and recommending certain amendments. Adopted Ordinance No. 31362-030193. (5--0) 5 6. REPORTS OF COMMITTEES: ao A report of the Water Resources Committee recommending renewal of the lease between the City and the Commonwealth of Virginia, Department of Conservation and Historic Resources, for use of certain space by the Roanoke Regional Preservation Office in Buena Vista Recreation Center. Council Member Elizabeth T. Bowles, Chairperson. Adopted Ordinance No. 31363 on first reading. (5-0) A report of the Water Resources Committee recommending execution of agreements with Appalachian Power Company and C & P Telephone Company, permitting relocation of certain utilities on City- owned property at Beaverdam Reservoir located along Route 635, Jeters Chapel Mountain Road, in Bedford County. Council Member Elizabeth T. Bowles, Chairperson. Adopmd Ordinance No. 31364 on first reading. (5-0) 7. UNFINISHF. D BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF An Ordinance to amend and reordain certain sections of the 1992-93 General, Internal Service and Sewage Fund Appropriations, and providing for an emergency. Adopted Budget Ordinance No. 31365 on first reading. (4-0, Mayor Bowers abstained from voting). 9. MOTIONS AND MISCELLANEOUS BUSINESS: 6 The City Manager was requested to take appropriate action to establish a program to insure that all minority businesses and locally owned businesses, etc., are aware of bid requirements for participation in the Hotel Roanoke/Conference Center Project. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HF ARlNGS OF C1TIZF NS: Mr. Hoskins M. Sclater, 2723 Crystal Spring Avenue, S. W., expressed concern with regard to the location of the proposed Conference Center. CERTIFICATION OF EXECUTIVE SESSION. 5-0 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 March 3, 1993 SANDRA H. EAKIN Deputy City Clerk File #67-70-353 Mr. William White, Sr., Chairperson ) Mr. Kit B. Kiser ) Committee Mr. William F. Clark ) Gentlemen: The following bids for compliance for the disabled at Southeast Action Forum (Old Fire Station No. 6) and Villa Heights Recreation Center were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993: BIDDER R.B.S. Building Management Claude Erps Construction Co. Construction Services of Roanoke, Inc. Williams Painting and Remodeling, Inc. MeDowell Building Services, Inc. Derr Construction Co., Inc. Acorn Construction, Ltd. H & S Construction Co. BASE BID $ 12,590.00 17,832.00 18,530.00 18,998.00 19,980.00 22,784.00 29,995.00 35,000.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Wilburn C. Dibling, Jr., City Attorney David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, $.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 March 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 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 22, 1993 The Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor, and Members of Roanoke City Council Roanoke, Virginia Re: Capital Improvement Priorities Dear Vice-Mayor Fitzpatrick, Mrs. Bowles, and Gentlemen: At the recent City Council Summit held on February 10, 1993, at the United Way Conference Room, the administration asked for our thoughts about what should be listed on the Capital Improvement Program for the City in the upcoming year. It is my opinion that our citizens want us to respond to the needs for developing the tourism industry in Roanoke. Needless to say, the efforts made by Roanoke City Council over the last several months in putting together the financial package for the Hotel Roanoke renovation and the development of the conference center are, indeed, the centerpiece of our tourism initiative. It is my belief that we now need to enhance the Hotel Roanoke project by helping to make downtown Roanoke more of a "destination center" for tourists and conventioneera visiting Roanoke. Accordingly, I propose that we should target and focus our attention on that area and make an effort to (1) enhance the Transportation Museum, (2) develop the reilside linear park and downtown streetcar plan, and (3) bring AMTRAK into our City. The Transportation Museum of Virginia is located just a few blocks from the Hotel site. Kay Houck and the Board and staff at the Transportation Museum do a terrific job with very limited financial resources. It is time for the City of Roanoke to help, once again, the Transportation Museum be all that it can be. The Museum has proposed a $3.5 million capital improvement project, which would provide a covered atrium for the outdoor exhibits and would allow improvements to other parts of the Museum and additional programs. For instance, the Museum should be responsible for adding another one or two railroad excursions each year. At a recent excursion held in October, my wife and I were among 15,000 people who were participants at the Railroad Festival, and we rode along with others on a 21 car passenger train, visiting with people from Germany, Raleigh, and Ohio who had come to Roanoke just for that event. That is the kind of "destination activity" which we need to help develop in order to make the Hotel and downtown area a continued success in the future. I propose that we continue our budget supplement to the Museum, and The Honorable Beverly T. Fitzpat~ck, Jr., Vice-Mayor, and Members of Roanoke City Coun~l Page 2 February 22, 1993 provide an additional $1 million in the Capital Improvement Program for improvements at the Museum, matched with a $1 million fund raising drive from the Museum itself, and requesting that other valley governments participate in this effort. Secondly, I have met with Leo Bevon of the Vir~xfia Department of Rail regarding the possibility of ISTEA funding for our downtown streetcar. Mr. Bevon visited in Roanoke and, on a tour with Kay Houck and Brian Wishneff, envisioned for himself the concept of a linear park connecting the City Market and Hotel down the railroad line westbound to the Transportation Museum. Mr. Bevon might be very helpful to us in getting Federal transportation funds through VDOT or another agency of the Commonwealth in developing this project. My interest is in targeting what we do, and not just sprinkling our money all over town where it really has a very low measurable impact. It is important to tie in the Hotel, the skywalk, the City Market, and the Transportation Museum, and this concept of a linear park and a downtown streetcar does just that. Finally, I have had an opportunity to meet with Graham Claytor, the President of AMTRAK in Washington, D.C., regarding the proposed extension of AMTRAK passenger service through southwest Virginia and east Tennessee on the way to New Orleans. I would like to certainly request the assistance of Council in pursuing this initiative by meeting with municipal leaders from southwest Virginia and east Tennessee in an effort to develop a lobbying campaign to encourage AMTRAK to extend this service. Roanoke would need to provide a minimal passenger station, and I am convinced that the $2 million and $500,000 figures which were quoted to us by our administration were way out of line. We could possibly incorporate the AMTRAK station at the Transportation Museum, which would provide daily real life activity at the Museum. At any rate, this is not the most immediate issue facing us, as Mr. Claytor informed me that the new President and the Congress will have to provide AMTRAK additional funding in order to extend this southwest Virginia line, and other proposed lines throughout the country. Thank you for allowing me the opportunity to share with you my thoughts about the need to target our Capital Improvement Program so that we can achieve our goal of continuing to develop our tourism and convention industry here in Roanoke. I respectfully request that this letter be placed on the Consent Agenda for our regular meeting of Council on March 1, 1993, and thereafter that it be received and filed. Best personal regards to each of you. Sincerely, Mayor DAB: jas February 17, 1993 '93 FEB 19 10:3I POST OFFICE BOX 12312 ROANOKE, VIRGINIA 24024 703 981-9331 Ms. Mary Parker, City Clerk City of Roanoke Room 456 Municipal Building 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: In accordance with Section 10(c) of the Roanoke Valley Regional Landfill Agreement, attached are the budget summary and revenue and tonnage pro3ectlons for the Roanoke Valley Regional Solid Waste Management Board for the fiscal year beginning July 1, 1993. This budget covers the three (3) month period July 1 - September 30, 1993. The Roanoke Valley Resource Authority has included the remaining nine months of fiscal year 1993-94 in its budget. This budget includes a $10.00 per ton increase in tipping fees effective July 1, 1993. Tipping fees will increase to $30.00 per ton for local governments and to $35.00 per ton for private and commercial haulers. Please contact me if you have any questions. Sincerely, J A. Cromer Solid Waste Disposal Manager Attachment ROANOKE VALLEY REGION~0LID WASTE MANAGEMENT BOARD BUDGET SUMMARY BUDGET PROVISIONS F.Y. SIX MONTHS F.Y. 1993-94 CATEGORY i991 - 92 JULY - DEC 3 MONTHS i992 JULY- SEPTEMBER 10-Personnel Services & Employee Benefits $ 610~813 $ 341,081 $ 188.122 30-Operating Costs 807,672 328,997 398.330 80-Capital Outlay 2,377,531 670,248 53.000 90-Closure Reserve 1,000,000 549.996 500.000 I 90-Replacement Reserve 800,000 405,996 250.000 96-Contingency 0 0 176.923 Charter Member Credit 0 0 1.153.500 Budget Summary Total $ 5,596,016 $ 2,296,318 $ 2,719,875 ROANOKE V~LLEy REGIONAL. SOLID WASTE MA~YAGLW~NT BOARD SUMMARY BUDGET PROVISIONS F.Y. SIX MONTHS F.Y. i993-94 CATEGORY t991 - 92 JULY - DEC 3 MONTHS i992 JULY - SEPTEMBER ~ity of Roanoke $ 967,690 $ 458,222 $ 345,000 County of Roanoke 568,496 288,566 210,000 town of Vinton 58,788 / 30,405 ! 21,750 Commercial/Private 2~890,291 i 1,514,645 I 989~625 ~etained Earnings 0 I 0 1,153,500 ] Total Revenue Summary $ 4,485,265 I $ 2,291,838 I $ 2,719,875 Disposal Fees: Municipal - $30.00 per ton Co~ercial/Private - $35.00 per ton ROANOKE VALLEY REGIONAL SOLID WASTE MANAGLMMNT BOARD .,TONNAGESU~y BUDGET PROVISIONS F.Y. SIX MONTHS F.Y. 1993-94 CATEGORY 1991 - 92 JULY - DEC 3 MONTHS 1992 JULY - SEPTEMBER City of Roanoke 48,428 22,911 11,500 County of Roanoke 28,423 14,498 7,000 _TTown of Vinton 2,936 1,524 ! 725 Commercial/Private 112,494 59,007 i 28~275 Total Tonna e Summar ~ 97 940 Pending Items from July 10, 1978 through February 22, 1993 Referral Date Referred To Item 7/10/78 8/12/91 2/10/92 6/22/92 City Manager City Manager Director of Finance City Attorney City Manager City Attorney Commissioner of Revenue Mayor's 1978 State of the City Recommendation No. 11 (Development of a hotel on Mill Mountain.) 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. Request to study the matter of regulating the sale of "look- alike" weapons. 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. 1 Pending Items from July 10, 1978 through February 22, 1993 Referral Date Referred To Item 9/9/92 10/12/92 10/12/92 12/14/92 Director of Finance City Planning Commission City Manager 1993-94 Budget Study 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. 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. 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. Matter of a mounted police patrol in the City. Pending Items from July 10, 1978 through February 22, 1993 Referral Date 1/4/93 1/11/93 2/1/93 2/8/93 Referred To City Manager City Attorney City Manager City Planning Commission City Attorney Item Remarks of Mr. Walker Nelms with regard to a proposed animal control ordinance. (See report of City Attorney under date of January 11, 1993.) Remarks of Mr. Jonathan M. Apgar with regard to installation of stop signs on Carter Road, S. W. (See stares report of City Manager under date of February 8, 1993.) Question of whether or not the City can require the use of reflective tape on dumpsters located on City property. Request of District Investigation, Inc., that conditions approved pursuant to Ordinance No. 28168 rezoning a tract of land on Sanford Avenue, S. W., be amended, and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District. 3 Pending Items from July 10, 1978 through February 22, 1993 Referral Date 2/8/93 Referred To City Planning Commission City Manager Item Request of Guy B. Merritt, D.D.S., that property located at 2001 Memorial Avenue, S. W., be rezoned from RM-1, Residential Multi-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. 2/8/93 2/16/93 City Manager City Manager City Attorney Request to provide a report with regard to the City rendering assistance to Roanoke City residents who have lost their jobs, or are about to lose their jobs. Resolution adopted by Roanoke Regional Chamber of Commerce Board of Directors urging Council to approve additions to the City Jail. February 11, 1993 Mrs. Nannette Borling 2205 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Borling: Please be advised that the City will be installing Stop signs on Carter Road at its intersection with Avenel Avenue on or before Tuesday, February 16, 1993. You will be advised if anything arises which will affect our schedule for this work. This item will be removed from City Council's agenda. If you have any further questions concerning this matter, I would invite you to contact the City's Director of Public Works, Mr. William F. Clark, at 981-2741. Sincerely, W. Robert Herbert City Manager WRH :WFC :pr cc: ~. William F. Clark, Director of Public Works Mr. Robert K. Bengtson, Traffic Engineer Room 364 Munic~al Building 215 Church Avenue, S W Roanoke, Virginia 24011.1591 ~703) 981-2333 February 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: SUBJECT: Carter Road, S. W. At your meeting on January 11, 1993, Council heard a request from Mr. Jonathan M. Apgar, spokesman for residents of Carter Road, S. W., for STOP signs on this residential street, between Brandon Avenue and Grandin Road. Council referred this request to the City administration with a suggestion that a report be brought back to Council at your meeting on February 8, 1993. For the past several weeks, representatives of the City administration have been attempting to arrange a meeting with Mr. Apgar and residents ol~ the Carter Road neighborhood to discuss the request for STOP signs. To date, we have been unable to arrange a meeting, a~d I would very much like to have that meeting conducted before returning to City Council with my final report. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr cc: Mr. WiBiam F. Clark, Director of Public Works Mr. Jonathan M. Apgar, 2319 Carter Road, S. W., Roanoke, VA 24015 Room 364 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (703) 981-2333 '93 /IPR-1 £~11 February il, 1993 Mrs. Nannette Borling 2205 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Borling: please be advised that the City will be installing Stop signs on Carter Road at its intersection with Avenel Avenue on or before Tuesday, February 16, 1993. You will be advised if anything arises which will affect our schedule for this work. This item will be removed from City Council's agenda. If you have any further questions concernin~ this matter, I would invite you to contact the City's Director of Public Works, Mr. William F. Clark, at 981-2741. Sincerely, W. Robert Herbert City Man~er WRH:WFC:pr cc: ~r. William F. Clark, Director of Public Works Mr. Robert K. Ben~tson, Traffic Engineer Room 364 MuniCipl~ Building 215 ChurC~ Avenue. S W RoanoKe, Virglnta 24011.1591 ~7031 981 -~3J3 MA~y F. PA~KFR City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF TIlE CITY CLERK 21~ Church Avenue. S.W., Room 4~6 Roanoke, Vir~nia 2~011 Telephone: (703) 9~1-2~41 February 11, 1993 SANDRA H. EAKIN DePuty City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowies and Gentlemen: At the regular meeting of Council on Monday, February 1, 1993, Council Members inquired as to whether a response had been received from the School Board with regard to a referral by Council on February 3, 1992, pertaining to the possession of firearms on school preperty. I am pleased to provide you with a copy of the response from Chairman Pincus under date of February 14, 1992. If I may be of further assistance, please do not hesitate to call on me. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. bpc: Mrs. Sandra H. Eakin, Deputy City Clerk Finn D. Pincus, Chairman Charles IJJ. Day, Vice Chairman Sallye T. Coleman Joke ------___ City School Eloard P,O Box 15105, Roanoke, Virginia ~40_~1 · Marilyn C. Curtis Nlartha LU. O'Nefl Thomas L Orr 703-981 -~381 James M. Turner, Jr. ; _~ -~ank. P. Tota. SUp~lntend~nt (iI T vRICtm~'L I~elleg. Clefl~ of the Boord :' February 14, 1992 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The Roanoke City School Board applauds the resolution adopted by City Council on February 3, 1992 regarding the possession of firearms on school property. In response to City Council's request, the attached Fact Sheet details the measures taken by the Schools on the issue of student firearm possession. We appreciate the assistance of the City Manager and City Council in adding resource officers to the high schools in order to improve the drug awareness program and build police rapport with the student community. Sincerely, rg Enc. cc: School Board Members Dr, Frank P, Tota Finn D. Pincus Chairman ~cellence in Education February 14, 1992 FACT SHEET Subject: Firearms on School Property The School Board and School Administration support and appreciate City Council's recent action regarding gun control legislation. A number of security measures are in place within the schools to prevent and deter the possession of firearms on school property. include: These measures A. Each high school has assigned three full-time security guards. Additional guards may be assigned to the school on a temporary basis if requested by the principal. B. Access to high school parking areas is controlled by gates and a security guard to prevent unauthorized entry. C. The Schools' security department maintains close coordination with the City's police department with respect to reports on suspicious persons and stolen weapons. D. Each secondary school possesses a hand held metal detector to detect the presence of a weapon on a suspicious individual. The Schools also have a walk-through metal detector that may be used at school events to reveal concealed weapons. E. Middle schools have assigned a resource officer to inform students of the dangers of drugs and weapons, and to build rapport with students and the school community. F. The schools have policies for weapon possession that provide for severe dis.ciplinary action (e.g., expulsion) after a hearing before the disciplinary rewew committee. The recent publicity regarding student firearm possession has caused the Schools to take the following actions: A. High school security forces have been temporarily increased. B. The security fence at one high school has been extended and security partitions around the bottom of the modular classrooms have been improved. C. The City Manager and the Superintendent have agreed to temporarily assign one resource officer to Patrick Henry and William Fleming from resources now assigned to middle schools. Resource officers and selected teachers will participate in a special training program in March. 2 D. School Board, school administration, and PTA members have urged state legislators to adopt more strict gun control measures. As part of the budget process, the School Board is considering adding three resource officers to each high school. The assistance of the City Manager and City Council in funding a portion of the proposal may be requested in order to fully implement it. During this school year, four students were found with firearms in their possession on school property according to joint reports of the Schools' Security Department and the City Police Department. Severe disciplinary action was taken against each student and the situations investigated by the Police Department for possible criminal charges. rg 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 March 1, 1993 File #15-110-247 The Honorable James G. Harvey, II Chairperson Hotel Roanoke Conference Center Commission Roanoke, Virginia Dear Mr. Harvey: This is to advise you that James D. Grisso has qualified as a member of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Joel M. Schlanger, resigned, ending April 12, 1996. '--"'x °~-~~,Sincerely' ~g~ ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. 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 0-2 8taf~ o~ I~i~ginia, 0i~11 o] Roanoke, to.~oi~: I, James D. Grisso. Actina Director of Finance Oath Affirmation 01' FEB 22 I:q2:54 ~ do solemnly swear (or affirm) that I will suppoRt he Constitution of the United Sta~s, and the Constitution oft he S~ M V~ginia, andthat I will ~ith~Hy and impa~ially discharge and per~rm all the duties incumbent upon me as a member of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of Joel M. Schlanger, resigned, ending April 12, 1996. according to the best of my ability. So help me God~~~ ~uhs~rihed and swot,, to be'o,e ri, e, t',is March 1, 1993 '93 ~-~ P1 '.36 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss the location of an existing business when no previous announcement has been made of the business' interest in expanding in the community, pursuant to §2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:kmk CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Brian Jo wishneff, Chief, Economic Development & Grants Mary F. Parker, City Clerk February 17, 1993 Ms. Mary Parker Clerk of the City of Roanoke Municipal Building 215 Church Avenue, SW Room 456 Roanoke, VA 24011 '93 FEB1B gO'.Bg Dear Ms. Parker I have spoken with members of City Council regarding my presentation of an annual report regarding the Civic Center. I would tike to confirm being included on the Council Agenda for the March 1, 1993 meeting. I will need approximately five to seven minutes. Thank you for your assistance. Very truly y/ours, t/~''---~' Vernon M. Danielsen Chair, Civic Center Commission RECUYED Hayes, Seay, Mattern & Mattern, Inc. ARcNrr~cTs · ~n, aSEP, S · p~ '93 F£B 24 P3:58 Phone: 703457-3100 ,, Facsimile: 703-857-3180 Fax Cover Sheet TO: Date ~ Comm. No. Company COMMV, STS: ,.,~.-,e~ Number of Pages ... ~,-, Including Cover Sheet. If all pages not received, please call 703-857-3244 PRESENTATION TO ROANOKE CITY COUNCIL MARCH 1, 1993 VERNON M. DANIEL,SEN I. Introduction This is a m/nj-annual report on the Roanoke Ci,,Sc Center Introduce Comm/ssioners present This is not a plea for approval of programs or money II. The Civic Center is a multi-use facility Utilization %, $, days, patrons III. Financial Highlights Operating Revenue Operating Expenses Tax Revenue IV. Victory Stadium Civic Center books out of town events Opportunities Actions underway V. Hotel Roanoke Conference Center Coordination w/th Civic Center Traffic Flow between the two facilities VI. Needs of the Civic Center (in 93-94 or future budgets) Capital maintenance needs Other needs VII. New Parking Policy VIII. Status of Rampage Hockey Team Negotiations IX. Questions from Council Members ROANOKE CIVIC CENTER UTILIZATION 1991-1992 204 EVENTS 460,000 PATRONS 274,000 ROANOKE 186,000 OUTSIDE ROANOKE FACILITY UTILIZED 70 TO 75 % PATRON SPENDING $19,250,000 750,000 IN ROANOKE TICKETS $20,000,000TOTAL TAX REVENUE RECEIVED BY ROANOKE $1,350,000 ROANOKE CIVIC CENTER FINANCIAL HIGHLIGHTS ,305,000OPERATING REVENUE ,714,000OPERATING EXPENSES (409,000) ,350,000TAX REVENUE $ 941,000 NET REVENUE TO ROANOKE ~L~RY 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 3, 1993 File #79-165-169 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, March 1, 1993, Council authorized a public hearing to be held on Monday, April 12, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard, on the request of the Williamson Road Area Business Association that a Special Service District be established in the Williamson Road area. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Charles E. Overstreet, President, Williamson Road Area Business Association, P. O. Box 5892, Roanoke, Virginia 24012 Mr. Wilburn C. Dibling, Jr., City Attorney W~lliamson' R:oad Area Business A~, o.' 'o : P.O. Box 5892 Roanoke, Virginia 24012 (703) 362-3293 February 19, 1993 Mrs. Mary Parker City Clerk Municipal Building 215 Church Ave. Roanoke, VA 24011 Dear Mrs. Parker: The Williamson Road Area Business Association requests inclusion on the March 1, 1993 Roanoke City Council agenda for the purpose of requesting a public hearing to enact an ordinance allowing a Special Service District to be established on Williamson Road as allowed by the Code of Virginia at Section 15.1 - 18.3. I will be speaking on behalf of our organization. Thank you. u~2~r-£es E. Overstr~t President W Williamson Road Area Business Association, Inc. REQUEST FOR RESIDENCE EXEMPTION Williamson Road Special Service District The Williamson Road Area Business Association requests that in the language of the ordinance creating a Special Service District for Williamson Road, Roanoke City Council establish a "Residence Exemption" from the Special Service District assessment to tax parcels included in the boundary of the Special Service District that meet the following criteria~ 1. Single family homes, used as a residence, whether owner occupied or rented. 2. Multi-unit apartment structures wherein the owner is a resident. Should these properties, at any later time, be converted from use as a residence to use as a business location; if the occupant applies for a business license and/or displays a sign advertising a business located within the structure, we request the "residence exemption" then be lifted and the owner subject to the Special Service District assessment. Properties colored in "pink" on the Special Service District display map are those included in the "residence exemption" request. WRABA Specia) Service District Fact Sheet Total Parcels: 416 Total SSD Taxable (non-residential, non-charity/church, non-govt) Parcels: 388 SSD Taxable Parcels endorsed as of 2/16/93: 172 (44.3%) Property tax value in SSD: $52,656,950.00 (lqcDaniels appx) Tax value of endorsed properties: $20,318,400.00 (38.6%) SSD special tax assessment yield to WRABA per annum: $52,657.00 Total Owners in Taxable SSD: 230 Total Owners in Taxable SSD WITH Roanoke Address: 168 (Tax Value: $34,172,200.00 - 64.8%) Total Owner Endorsements of those WITH Roanoke Address: 84 (50%) Total Owner in Taxable SSD Endorsements as of 2/25/93: 106 (46%) Total Endorsements needed for +50% threshold: 9 Tax Value of Parcels with owners NOT having Roanoke Address: $18,484,750.00 (35% of SSD Total) W Williamson Road Area Business Association, Inc. WRABA ~0. Box 5~92 · Roalloke, Virginia 24012 · (703) 362-3293 Special Service District Benefits Long range planning for the Special Service District revolves around a three year focus: Year one: Year two= Year three: Clean and Promote Beautify and Promote Improve and Promote The Williamson Road Special Service District will benefit participating property owners and The City of Roanoke in several ways: 1. By promoting business on Williamson Road with a focus on a cleaner, more tidy physical environment, property values will be enhanced, and business traffic will be increased. A stronger organization (WRABA) will enable businesses to address common concerns and to achieve results, resulting in a more successful business environment. Promoting Williamson Road as a more cohesive commercial corridor will help to reshape the image of Williamson Road, leading to increased commercial activity, lot infill development, and a higher commercial and real estate tax base for our City. 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk March 3, 1993 File #60-217-467 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31356-030193 amending and reordaining certain sections of the 1992-93 Grant and General Funds Appropriations, providing for appropriation of $2,584.00 for the Title II-A OK Project; and $44,361.00 from the 1992-93 Capital Maintenance and Equipment Replacement Program to be used for roof replacement at Woodvow Wilson Middle School and Virginia Heights Elementary School. Ordinance No. 31356-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 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 RO~'~OKE, VIRGINI& The 1st day of March, 1993. No. 31356-030193. AN ORDINANCE to amend and reordain certain sections of the f992-93 Grant and General Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sectiOns of the 1992-93 Grant and General Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: G~ant Fund A 'ations Education Title II-A OK Project Revenue Education Title II-A OK Project (1-2) ....................... $ 20,184,714 2,584 $ 20,184,714 2,584 General Fund Education Facilities (4) .................................... $ 70,035,903 1,792,067 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (5) ............... $ 396,761 1) Instructor 2) Social Security 3) Federal Grant Receipts 4) Roof Replacement 5) CMERP - Schools (035-060-6438-6334-0121) (035-060-6438-6334-0201) (035-060-6438-1102) (001-060-6004-6896-0851) (001-3324) 2,400 184 2,584 44,361 44,361) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. March 1, 1993 '93 F B23 P4:06 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 and CMERP Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for one grant in the Grant Fund which is funded with 100% federal funds. This report will also appropriate $44,361 from the School portion of the CMERP funds for the roof replacement at Woodrow Wilson Middle School and Virginia Heights Elementary School. The School Board has previously appropriated $843,967 of it's FY92 CMERP funding of $1,285,089. This will leave an unappropriated balance of $396,761. I recommend that you concur with the request of the School Board. JDG:pac A~lng Director of Finance ,~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis /,-Roanoke City School Board C. Nelson Harris Martha W. O'Neil Clubert G. Poff James M. Turner, Jr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-981-2951 February 17, 1993 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its February 16, 1993 meeting, the Board respectfully requests City Council to appropriate $2,584.00 for the Title II-A OK Project to provide for adult basic education and preparation for the GED examination. The program will be reimbursed one hundred percent by federal funds. The Board further requests $44,361.00 be appropriated from the 1992-93 Capital Maintenance and Equipment Replacement Fund· The funds will be used for roof replacement at Woodrow Wilson Middle School and Virginia Heights Elementary School. rg CC: Sincerely, Executive for Business Affairs and Clerk of the Board Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling j~rs. James D. Grisso · Ila Farriss (with accounting details) Excellence in Education ROANOI~ CITY SCHOOL BOARD Roanoke, Virvinia ~PPROPRIATION R~ST Capital Maintenance and Equipment Replacement Funds Request III 001-060-6004-6896-0851 Appropriation Unit ZD1 Roof Replacement $ 44~361.00 The above appropriation represents the third request for proceeds from the 1992-93 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for roof replacement at Woodrow Wilson Middle School and Virginia Heights Elementary School. The unappropriated balance of the Capital Maintenance and Equipment Replacement Fund remaining after this request is $396,761. February 16, 1993 ROANOKE CITY SCHOOL BO&RI} Roanoke, Virginia APPROPRIATION REQUEST Title II-A OK ?rojeet 6438 035-060-6438-6334-0121 035-060-6438-6334-0201 Appropriation Unit Z44 Instructor $ 2,400.00 Social Security 184.00 $ 2{584.00 035-060-6438-1102 Federal Grant Receipts S 2 584.00 The Title II-A OK Project will provide for adult basic education and preparation for the GED examination. The program will be reimbursed one hundred percent by federal funds. The program will end June 30, 1993. February 16, 1993 MARY F. 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 March 3, 1993 File #24-144-289 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31358-030193 establishing certain fees, rates, assessments and charges to be levied by the City on and after June 1, 1993, as more particularly set forth in your report under date of March 1, 1993, with regard to curbside/aileyside refuse collection service. Resolution No. 31358-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. t~"x'" ~~'Sincerely , ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable Gordon E. Peters, City Treasurer Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. William F. Clark, Director, PubLic Works Mr. James A. McClung, Manager, Fleet and Solid Waste Management IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of March, 1993. No. 31358-030193. VIRGINIA, A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City on and after June 1, 1993. WHEREAS, it is the policy of this Council that City fees for special services should approximate the cost of such services; WHEREAS, some of the fees, rates, assessments and charges levied by the City for processing of applications, inspections, licenses and other services have become outdated; and WHEREAS, this Council is desirous of revising some fees, rates, assessments and charges of the City to ensure that all such charges are equitable, up-to-date and easily accessible to the public. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, assessments and charges set out in the City Manager's report, dated March 1, 1993, are hereby ADOPTED and established to be effective on and after June 1, 1993. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 30789-111891, adopted November 18, 1991, effective as of that date, shall be amended to reflect the new fees, rates, assessments and charges established by this Resolution. 3. This Resolution shall have no effect as to any fee, rate, penalty, assessment or charge which may be legally established only after public notice and/or hearing. 4. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. 5. The fees, rates, penalties, assessments and charges established by the Fee Compendium, as amended by this Resolution, shall remain in effect until amended by this Council. 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 24011 Telephone: (70S) 981-2541 SANDRA H. EAKIN D~puty City Clerk March 3, 1993 File #24-144-289 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31357-030193 amending and reordaining Section 14-16, Placement for collection generally, of Article II, Collection by City, of Chapter 14, Garbage and Refuse, of the Code of the City of Roanoke (1979), as amended, withregard tocurbside/aileyside refuse collection service. Ordinance No. 31357-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Mr.' W. Robert Herbert March 3, 1993 Page 2 pc: The Honorable District Court The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ms. Mr. Mr. Ms Mr. Mr. Ms Mr. Mr. Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations Edward S. Kidd, Jr., Chief Judge, General District Court Julian H. Raney, Jr., Judge, General District Court Richard C. Pattisal, Judge, General District Court Gordon E. Peters, City Treasurer Donald S. Caldwell, Commonwealth's Attorney Arthur B. Crush, III, Clerk, Circuit Court W. Alvin Hudson, Sheriff Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Ronald Albright, Clerk, General District Court Bobby D. Casey, Office of the Magistrate · Clayne M. Calhoun, Law Librarian Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance · Deborah J. Moses, Chief of Billings and Collections William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1993. No. 31357-030193. AN ORDINANCE amending and reordaining S14-16, Placement for collection qenerally, of Article II, Collection by City, of Chapter 14, Garbaqe and Refuse, of the Code of the City of Roanoke (1979), as amended, relating to curbside/alleyside refuse collection service; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 14-16, Placement for collection qenerally, of Article II, Collection by City, of Chapter 14, Garbaqe and Refuse, of the Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: §14-16. Placement for collection qenerally. (a) Except as otherwise provided, all garbage, refuse and trash to be removed by the city under this article shall be placed as close as possible to the public street in the front of each residence or principal structure on a lot. Garbage, refuse or trash shall not be placed in or on a gutter, or on a public street, alley or sidewalk, and shall not be placed within any building or structure. (b) Certain alleys designated by the city manager may be utilized by the city for garbage, refuse and trash collection, and when alleys are so designated, occupants of property contiguous to such designated alleys shall place all garbage, refuse and trash to be removed by the city within five (5) feet of the property line adjacent to such alley, as close as possible to the point of ingress and egress. In case of property having a fence or wall on the property line adjacent to the alley, and no point of ingress or egress in such fence or wall, the city manager shall designate a point of collection. (c) Items not intended to be collected shall not be placed in, on, or in close proximity to, the garbage, refuse or trash. (d) Premium Service any person who is able to carry garbage, refuse and trash to the locations described in subsections (a) and (b) of this section, but wishes to receive service from the street to a point of collection approved by the city manager may apply for said service with the Department of Solid Waste Management. The fee for said application, as well as any monthly charges for such service, shall be as set forth in the Fee Compendium as approved and amended by the City Council from time to time. (i) Non-payment of the monthly charges shall be grounds for discontinuance of the Premium Service. The Premium Service may be discontinued only upon fifteen (15) calendar days written notice by the city to the person contracting for such Premium Service at the location of said Premium Service. (ii) The Premium Service may be discontinued by the person contracting for such Premium Service only upon written notice to the Department of Solid Waste Management at least ten (10) calendar days prior to discontinuance. (iii) The removal of paper, cartons, boxes, tree trimmings, shrubbery, bush cuttings, hedge trimmings, lawn rakings, leaves, bulk items and similar materials shall be as otherwise set forth in sections 14-17, 14-21, 14-22 and 14-23 of the City Code. (e) Physical Exemption Service - Physical Exemption Service shall consist of the city carrying all garbage, refuse and trash generated by all persons residing in a dwelling unit from a point of collection approved by the city manager to the locations described in subsections (a) and (b) in this section. Any person who is physically unable to carry all garbage, refuse and trash generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for Physical Exemption Service. (1) Physical Exemption Service is available only when there is no person residing in a dwelling unit who is physically capable of carrying all garbage, refuse and trash generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section. (ii) Any person applying for Physical Exemption Service must present sufficient medical evidence, on forms provided by the city, that the person is 2 unable to carry all garbage, refuse and trash generated by those persons residing with the person applying for said service. (iii) Any person receiving Physical Exemption Service must notify the Director of the Department of Solid Waste Management within thirty days, if the person becomes ineligible for Physical Exemption Service at the subject address due to improved health of the person receiving Physical Exemption Service, relocation of the person receiving Personal Exemption Service, or any other reason. (f) Private Property Service - Private Property Service shall consist of city vehicles and personnel entering upon private driveways or roads to collect all garbage, refuse or trash generated by all persons residing in a dwelling unit. Any person who resides on a lot served solely by either a private driveway or a private road may apply for Private Property Service. (i) Any person applying for Private Property Service must execute an agreement, approved as to form by the city attorney, releasing and agreeing to indemnify the city and its officers and employees for damages arising out of the performance of Private Property Service. (ii) Any person not receiving Private Property Service on March 1, 1993, may not apply for such service, unless that person resides on a lot served solely by either a private driveway or road, and two or more households served by the private driveway or road receive, or will receive, such service. (g) In the case of multifamily dwelling units, all garbage, refuse and trash to be collected shall be placed at the location designated ~y the city manager. If no location is so designated, materials shall be placed in a manner described in subsections (a) and (b) of this section. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 3 Roanoke, March 1, The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Council Members: Subject: Curbside/Alleyside Refuse Collection Virginia 1993 I. Backqround: Refuse collection and disposal is a basic service which the City provides to its citizens. Expenditures in the current fiscal year are expected to exceed $4 million. Backyard collection service is provided by City crews to those residents not served by alleys. However, many residents voluntarily set their own refuse to the street for weekly collection. Therefore, only approximately 30 percent of City residents receive backyard collection by City crews. The City of Roanoke is the only locality in the Roanoke Valley, and the only locality in the Commonwealth of Virginia which we have been able to identify, which provides a no-fee refuse collection service with backyard pickup. Solid waste disposal costs are expected to increase significantly in the next two years with the opening of a new regional landfill and transfer station. In 1988 the cost to the City to dump refuse at the regional landfill was $11.00 per ton. The present rate is $20.00 per ton, and this is expected to increase more than $50.00 per ton when the new landfill is in operation, representing an estimated $1 million increase in annual operating expense. Citizen survey conducted in the spring of 1992 in connection with the City budget indicated broad-based support for the City to modify its refuse collection service to require residents to place their solid wastes at the street or alley for pickup by City crews. Significant cost savings could be used to expand state- mandated recycling programs and offset the anticipated increase in disposal fees. City Administration presented a briefing to City Council on June 15, 1992, on a proposal for curbside/alleyside refuse collection. - 2 - II. Current Situation: Presentations to church and neiqhborhood qroups~ and media interviews have been conducted by representatives of the City Administration during the past eight months. The proposed curbside/alleyside refuse collection has generally been well received. Public comments/suqgestions were nearly all related to the following two items: Collection on private roads/driveways. City vehicles currently drive on private roads and driveways to serve approximately 584 residential units in trailer parks, some apartments, and a few private residences. Salem and Roanoke County will provide refuse collection from private road/ driveways if they serve more than one single family residential unit. The proposed City of Roanoke curbside/alleyside plan has been revised to provide continued service to existing residences if the owner signs a form, approved by the City Attorney, releasing the City from liability for damages to private property. Future requests for service to enter private roads/driveways must service two or more households and require a release from City liability. Difficulty of senior citizens and handicapped individuals securing a doctor's certificate for continued backyard service. A simple one-page form letter has been developed which can be signed by a doctor indicating that the citizen is unable to bring their refuse containers to the curbside. III · C. City Council received a briefing February 22, 1993. Issues: A. Cost savings. B. Impact on residents. C. Impact on City personnel. report on Monday, - 3 - D. Legal requirements. E. Timing. IV. Alternatives: City Council authorize implementation of a curbside/ alleyside refuse collection service requiring City residents to place their household solid waste at the street in front of, or at the alley in the rear of their home for pickup by City crews, as described in the attachment to this report. Cost savings. An overall annual reduction in the refuse collection budget of $368~000 is the estimated savings from the reduction of labor cost and equipment needed for this service. A portion of these savings will be used to offset the state- mandated recycling program, and the net reduction will be $226~000 upon full implementation. Additional inestimable savings will result from fewer workers' compensation injuries and the virtual elimination of claims from citizens for materials inadvertently picked up by collection crews. Impact on residents. There will be no change in the refuse collection service for residents currently placing their refuse at the alley at the rear of their home. Approximately one-half of the remaining residents already bring their refuse voluntarily to the street for pickup by City crews. Therefore, only approximately 30 percent of all City residents will be affected by this change in the City's method of refuse collection. A program of carry-out service will be provided at no additional cost to those residents who are unable to bring their own household waste to the street due to physical limitations. For those residents desiring to continue to receive the additional carry-out service from their backyard by City personnel, a fee service will be available as described in Attachment A. - 4 - Impact on City personnel. The program will ultimately result in a work force reduction of 13 employee positions. It is recommended that no existing personnel be terminated, but that staff reductions be realized through attrition. Curbside/alleyside refuse collection will eliminate the need for 1 Motor Equipment Operator and 18 Sanitation Workers. However, 6 of these positions can immediately be transferred to recycling to provide continued implementation of this state-mandated effort. The remaining personnel will be used to reduce the use of temporary employees throughout the City organization until they can be transferred into various City departments through attrition. Legal requirements. Certain portions of Chapter 14, Garbage and Refuse, of the Roanoke City Code will need to be amended. Timing. It is recommended that the curbside/ alleyside refuse collection service be implemented on or before June 1, 1993. Maintain the current system of backyard refuse collection service to City residents. Cost savings. There will be no opportunity to reduce the cost of this service by a reduction in labor cost and equipment. To the contrary, reallocation of funds will have to be identified to pay for the continued implementation of state- mandated recycling and higher landfill tipping fees. Impact on residents. There will be no impact on City residents other than the fact that some residents will continue to receive additional backyard carry-out service by City crews while other residents voluntarily set out their own household wastes. Impact on City personnel. No existing personnel will be affected. There will still be occasions when employees incur on-the-job injuries while attempting to carry out waste materials from the backyards of City residents. - 5 - Legal requirements. No changes will be required in the City Code. However, the City will continue to receive claims from citizens concerning materials allegedly picked up by City personnel in the backyards of residences, damage to shrubs and fences, etc. 5. Timinq. Will be a moot point. V. Recommendation: City Council approve Alternative "A", authorizing the City administration to implement curbside/alleyside refuse collection service on or before June 1, 1993. A comprehensive program of public information and employee orientation will ensure a smooth transition into this changed method of operation. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works Manager, Solid Waste Management A~A~{~ENT "A" CURBSIDE/ALLEYSIDE REFUSE COLLECTION The Solid Waste Management Department has researched the possibility of curbside/alleyside refuse collection and found it to be a method that would minimize cost and maximize efficiency. An overall reduction of $368,00Q.00 is the estimated savings from reducing labor cost and equipment needed for this municipal service. A portion of these savings will be reallocated to the state-mandatedv recycling program, with a net reduction of $226.000.00 annually upon full implementation. Additional inestimable savings will result from fewer workman compensation injuries and the virtual elimination of claims from citizens for materials inadvertently picked up in backyards by collection crews. A plan to implement curbside/alleyside refuse collection has been developed that is designed to maximize citizen acceptance of the new program and provide for a smooth transition period. This plan addresses the issues of the physically unable, public information/education, fee based carry-out service for those who wish to continue backyard service, transitional workforce reduction, and other questions that citizens may have about curbside/alleyside service. A telephone survey of Roanoke City residents, conducted in March 1992, revealed that 75__% of the citizens favor the elimination of backyard collection. Of the 75__% in favor of elimination, 55__% stronq~¥ favored elimination of the service. Only 32__% of the households are currently receiving backyard service, according to Solid Waste Management's records. The remaining 68% of the residents are placing their trash to the street or alley. Roanoke is the only locality, of the ~ valley governments, and ~ of [ known localities in the state providing backyard service. Roanoke is the only known locality in the state with free backyard service. Residential trash collection in the City is currently collected by 1_~6 four-man crews, consisting of ~ Motor Equipment Operator I and ~ Sanitation Workers. Most of the monetary savings to the City will result from the elimination of [ residential route and ~ Sanitation Worker position from each of the remaining 1--5 routes. Additional savings will be realized through reduced personnel injuries, property damage and missing property claims. Also, the number of missed collection complaints will be substantially reduced due to the requirement that all trash will have to be placed at the edge of the street by 7:00 a.m. the day of collection. On the average, approximately 85% of the missed collection reports we receive are invalid. It costs approximately $31.00 each time a truck is sent back to follow-up on these reports, valid or invalid. Page 2 Curbside/Alleyside The Solid Waste Management Department currently services 189 households on ~10 private driveways and 395 households on 2--9 private roads. (These include single family, duplexes, trailer courts, apartments, etc.). A liability release will be made available to owners of these roadways so they can be grandfathered in with the implementation of this program. Future request for service to enter private driveways/roads must service two or more households and a release of liability signed to be considered for this type of request for service. The money saved by converting to curbside/alleyside collection of refuse will cover the cost of expanding the recycling program from 4,000 to 24.000 households, and help with the anticipated disposal costs that are expected to increase significantly over the next [ years due to the opening of the new regional landfill and transfer station, as illustrated by the following comparison. Year: 1988 Present Future Tonnage: 55,500 50,798 41,625 Tipping Fee: $11.00 $20.00 $50.00 Cost: ~10,500 $1,015,960 $2---~81,250 It is critical to get citizen input on the proposed plan, as well as to put in place a strong public information and education program to inform citizens of the proposed changes, laws and requirements. This will be accomplished by meetings with the various neighborhood and civic organizations, developing a door-hanger that will explain all aspects of Solid Waste Management's services, and extensive coverage of the proposed plan by the news media. The City will offer a "Premium Service" to those citizens who are physically-able to carry their trash to the street but wish to continue receiving backyard service. This service will require that a Sanitation Worker carry only the household trash to the street. Extra trash from a clean-out, or boxes, yardwaste, etc. will be the responsibility of the citizen to place to the street, as is the current requirement. Citizens will be required to pay a $20.00 non-refundable application fee, and submit an application for the Premium Service. When both have been received, a supervisor will visit the requestor and measure the distance from the street to the pick-up point. Billing will be done quarterly by the Department of Solid Waste Management. The fees are similar to Roanoke County's, and are as follows: Page 3 Curbside/Alleyside MONTHLY QUARTERLY 100 feet or less $10.00 $30.00 101 feet to 200 feet $17.00 $51.00 201 feet to 300 feet $24.00 $72.00 301 feet to 400 feet $31.00 $93.00 Each additional 100 feet - add $7.00 $21.00 Non-payment of the carry-out service; still be available. charges would warrant discontinuance of the however, curbside/alleyside collection will Citizens who are PhYsicallY unable to carry their trash to the street will be requested to apply for the Physically Unab~ Service. When the request is received, a supervisor will visit them to verify that the citizen is unable to carry the trash to their collection point, and there are no other capable occupants in the household. The citizen must sign an agreement that says they will contact the Department of Solid Waste Management if their situation changes, so that the Physically Unable Service can be discontinued. Under the Curbside/Alleyside program, the only change from present would be that the resident would be asked to have a form letter signed by a physician, within 3--0 days, stating that they are physically unable to carry their trash to the street or alley. A survey of the other ~ valley governments was conducted in an effort to determine the number of homes that will need special service. We found that Roanoke County is currently carrying out the trash of 362 households due to a physician certified disability, and 59 households for their paid Premium Service, for a total of 1.6% of their total collections. Salem carries out approximately $.~%, or 300 households, and they estimate that about 10__% of these are certified by a physician to be physically unable to carry out their trash. The remaining 90__% are citizens over the age of 7Q. Salem has no paid carry-out service. Vinton provides free carry-out service for approximately ~5Q physically disabled and elderly citizens with no verification of disability. This represents approximately 3.8% of their total collections. Based on this information, the City of Roanoke can expect to provide either the Premium Service or Physically Unable Service to approximately 1.100 households, representing 3--% of the total collections. Positions will be reduced through attrition. There will be a total of 18 Sanitation Workers and ~ Motor Equipment Operator I who will be affected. Ultimately, we are planning on ~ new positions to be created in recycling and they will be filled from these 19 positions. Page 4 Curbside/Alleyside As other laborer type positions come available throughout the City, the remaining 13 Sanitation Workers will be given first opportunity to apply, regardless of seniority status. During the transitional period, the remaining full-time personnel will be used to reduce the use of temporary employees throughout the City organization. Departments using these employees will be responsible for their wages. If no temporary re-assignments to other departments are available, the Solid Waste Management Department will use them in special clean-up projects as manpower and equipment allow. The majority of large apartment complexes currently have dumpsters and are being serviced by private contractors. The remaining apartment complexes, that are not managed by the Roanoke Redevelopment and Housing Authority, have trash.can racks that are positioned where the garbage trucks can get close and are charged for this service according to the volume of trash they generate. The owners of the few multi-family dwellings (4 or more units) that receive carry-out service, including the Housing Authority apartments, will be given ! options: They could establish a central collection point that would be accessible to our trucks and have their employees gather the tenants trash; They could require tenants to carry-out their own trash to the street or designated collection point; or The City can charge the Premium Service fee for carry-out service to the individual tenants that request it, and bill them directly. After substantial research of the subject, and surveying other localities utilizing this method, it has been determined that Curbside/Alleyside Refuse Collection will provide maximum efficiency with the most cost savings. CURBSIDE/ALLEYSIDE REFUSE COLLECTION TIME TABLE FOR IMPLEMENTATION Prior to June 15, 1992 5. 6. 7. Visit surrounding localities. Conduct telephone surveys of other curbside/alleyside localities. Meeting with Solid Waste Employee Relations Committee to get suggestions from an employees point of view. Extensive strategic planning meetings with Public Information Officer and City officials. Develop and fine-tune the plan of action, with charts, graphs, and slides. Begin designing handout literature/door hangers for P.R. campaign. Compose the necessary ordinance changes. June 15, 1992 Council briefing. Briefing of Solid Waste Management Department's personnel. Begin public information campaign: visit neighborhood organizations, church and civic groups, City residents and news media. Begin designing new curbside/alleyside routes February 22, 1993 Council briefing. March 1, 1993 Council report with recommendation for approval March 2, 1993 Inform Solid Waste Management's personnel of Council approval. Send door-hanger design to printers. March 15, 1993 Begin distribution of door-hangers to every household by Sanitation Workers from Solid Waste Management. Page 2 Curbeide/Alleyside Time Table March 29, 1993 Distribution of door-hangers complete. (There will be a ~ week waiting period for Physically Unable Service and Premium Service customers to contact Solid Waste Management. Information is necessary to fine-tune new routes.) March 29, 1993 Begin fine tuning new routes and drawing new route maps. Begin visiting Physically Unable Service and Premium Service customers. April 5, 1993 1. 2. Route design and maps completed. Begin training personnel to their new routes. Continue visiting Physically Unable Service and Premium Service customers. Begin computer data entry of billing information for Premium Service customers. May 15, 1993 Mail letter to all citizens detailing program. May 15, 1993 Run a paid advertisement in the Roanoke Times/World News On or Before Implement Curbside/Alleyside Refuse June 1, 1993 Collection. CITY OF ROANOKE SOLID WASTE MANAGEMENT PREMIUM SERVICE APPLICATION NAME: ADDRESS: SOCIAL SECURITY NUMBER: PROPERTY OWNER(S) NAME Apt. # IF OTHER THAN ABOVE: DATE: HOME TELEPHONE: WORK TELEPHONE: I am applying for Premium Service refuse collection as defined in Section 14 of the Code of the City of Roanoke. I understand that I will be billed on a quarterly basis for this service, in the amount stated on the Premium Service Contract. I further understand this service is only for materials that are in containers of 32 gallon capacity or less, and considered to be waste from normal household routine. Attached is my application fee in the amount of $20.00. I understand that this fee is non-refundable and is to cover costs of processing the application only. Signature of Applicant: Date: For Office Use Only Investigating Supervisor: Distance from edge of street to collection point: Monthly Fee: Begin Service: Supervisor Signature: Manager Signature: Application: ACCOUNT # 5/8/92 Approved Denied Date: Approved Denied Date: FEET CITY OF ROANOKE SOLID WASTE MANAGEMENT PREMIUM SERVICE CONTRACT NAME: Account #: HOME ADDRESS: TELEPHONE: .Apt. #. WORK TELEPHONE: SOCIAL SECURITY NUMBER: 1. The undersigned has applied to the City of Roanoke and its successors and assigns to receive Premium Service refuse collection at the above described premises only, situated in the City of Roanoke, Virginia, and used for residential purposes. Said application is hereby incorporated by reference into this contract. 2. Upon acceptance of this application by the City, the applicant, in consideration of the Premium Service furnished to the above premises and other related services rendered, agrees to comply with the following terms and condition. The Premium Service charges shall be paid in arrears on a quarterly basis. Applicant will pay all refuse and related charges on said premises listed in this agreement during the life of it's agreement as they become due and payable to the following address: City Treasurer P.O. Box 1451 Roanoke, Virginia 24007 Ail charges are effective from the date of actual start of collection for Premium Service and continuously thereafter billed quarterly and prorated on a monthly basis until terminated as provided by this contract. Applicant will abide by all rules, regulations, and rates now in force or that may be hereafter legally established by the city. Applicant will continue to be liable for all charges on above premises unto! the Department of Solid Waste Management receives notice in writing of applicant's intention to terminate service under this agreement and that such amount for said charges shall be recoverable by all remedies provided by law. Applicant waivers homestead and all other exemptions as to liability to pay for refuse services rendered under this agreement. Applicant hereby agrees to indemnify and hold harmless the City of Roanoke from any and all claims and demands for injuries or damages arising out of this contract. In addition, the City shall in no event be responsible for the refuse container or the wrongful disposition of any item placed in or near such container. The City of Roanoke reserves the right to terminate this agreement without notice and without cause. The City of Roanoke reserves the right to increase cha~ges without notice to applicant. The charge for Premium Service refuse collection to the above premises is $ per month. Should any part of this contract be declared unenforceable by a court of competent jurisdiction, such shall have no effect on the legality or validity of any other part of this contract. Applicant Signature Date Signed MAILING ADDRESS IF DIFFERENT FROM ABOVE: 5/8/92 CITY OF ROANOKE SOLID WASTE MANAGEMENT PHYSICALLY UNABLE SERVICE Application/Agreement NAME: ADDRESS: The following special service is DATE: TELEPHONE: ROUTE #: being requested: Justification for request: Name and address of personal physician: I understand that I am required to produce a letter from my personal physician, within 30 days of signing this agreement, stating that I am physically unable to comply with the City Ordinances concerning placement of my trash at the street for collection. I further understand that should a representative of Solid Waste Management receive reliable information or observe that I am performing activities equal to or more stringent than required to comply with the Ordinances, and/or have another person residing with me that can assist me to comply, an investigation will be initiated and the "Physically Unable Service" will be subject to discontinuance or charges according to the Premium Service schedule. I agree to notify the Solid Waste Management Department at 981-2448 upon vacating this residence, becoming physically able to continue normal activities or have access to someone who can assist me. Applicants Signature Date Supervisors Approval Date: Manager/Supt. Approval Date: Comments: 5/7/92 Date: Re: Mr./Mrs./Ms. Address: As a licensed physician, I certify and affirm that is physically unable to carry his/her trash to the street or alley. Sincerely, office Address: Phone: 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 March 3, 1993 File #5-63-184 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31359-030193 extending pay benefits provided for by Resolution No. 4748 for Sergeant William Moser of the Police Department until August 31, 1993, or until such officer is able to assume full time employment, whichever occurs first. Resolution No. 31359-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager Ms. Lauren G. Eib, Risk Management Officer Mr. George C. Snead, Jr., Director, Public Safety Mr. M. David Hooper, Police Chief Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1993. No. 31359-030193. A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a certain employee of the Police Department. WHEREAS, Resolution No. 4748, adopted February 28, 1936, provides that police officers and firefighters absent from duty because of disabling injuries incurred in the line of duty shall suffer no loss in compensation for sixty days; WHEREAS, by ResolutiOn No. 4748, Council has established a local benefit for the City's police voluntarily officers and firefighters, and eligibility for such benefit is determined solely by the terms of Resolution No. Compensation Act or related law; WHEREAS, Resolution No. 4748 4748, not by the Worker's requires that extension of benefits provided for by such resolution beyond sixty days shall be only upon authority of Council; and WHEREAS, Sgt. William Moser of the Police Department has previously been determined eligible for such benefits, and Council has extended such benefits through June 1, 1992; and WHEREAS, by report of March 1, 1993, the City Manager has recommended that benefits available to such employee be extended beyond August 31, 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Sgt. William Moser of the Police Department shall be entitled to the difference between his base pay and any sums received pursuant to the Workers' Compensation Act until August 31, 1993, or until such employee is able to assume full time employment, whichever occurs first. 2. Such employee shall under no circumstances receive payments from the City, including Workers' Compensation benefits, in excess of his regular base pay as a police officer. 3. The City Manager shall be authorized to terminate the benefits provided for by this resolution should it be established by report of a licensed physician that said employee is able to return to duty at a police officer's regular base pay. ATTEST: City Clerk. FEB 25 73:10 March 1, 1993 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Extension of Pay Benefits Council Resolution NO. 4748 of February 28, 1936, established a policy for payment of a salary supplement to injured employees in the Fire and Police Departments for a period of sixty days. The intent of the salary supplement was to ensure that a police officer or firefighter receives his full salary if an accident occurred on the job and caused the employee to lose time from work. Sqt. William Moser of the City of Roanoke's Police Department suffered job related injuries in a vacant building in the process of rehabilitation on January 23, 1991. He fell through an open floor, covered with plastic, and into the basement. The accident was accepted by the City's Workers' Compensation program. City Council approved supplemental salary payments to Sgt. Moser because it was clear he would qualify for the benefit by being unable to work after sixty days. II. ~URRENT SITUATION: A. A rehabilitation Plan to bring Sgt. Moser back into the work environment was designed by a rehabilitation therapist retained by the City. The plan was reviewed by Sgt. Moser and his doctors prior to implementation. Sqt. Moser began modified duty in July 1992. He is currently working in the City's warehouse doing computer data entry. Rehabilitation through modified duty ended in January 1993, vocational training will continue at the warehouse until August 31, 1993. Members of Council March 1, 1993 Page 2 Authorization to extend salary supplements needs to be approved by City Council. Continuing salary supplements until August 31, 1993 will permit the vocational program to be implemented and evaluated. III. ISSUES: Employee Morale Cost Council Resolution No.4748 IV. AL'r~ATIVES= Authorize salary supplements for 8gt. Moser to continue until August 31, 1993. Employee Morale will not be affected. Personnel Costs in the Police Department will continue to be overstated because the salary supplements payments are deducted from the department's personnel account. The workers' compensation account is not effected by the salary supplements. Pay for workers' compensation will continue to be paid by the City as required by the Code of Virginia Section 65.2-502. 3. Compliance with resolution No. 4748 would be possible. Do not authorize Sgt. Moser's salary supplements to be paid until August 31, 1993. Employee morale will be negatively affected. Personnel Costs will be reduced by the difference between the amount paid through workers' compensation, as required by the Code of Virginia, and gross salary. 3. Compliance with Resolution No. 4748 would not be possible. Members of Council March 1, 1993 Page 3 RE(X)MMENDATION: Council concur with Alternative A and authorize salary payments until August 31, 1993 or until such employee returns to a normal job function, whichever shall first occur. WRH/LGE:tlw cc: City Attorney Assistant City Manager Director of Finance Director of Public Safety Chief of Police Risk Management Officer Respectfully submitted, W. Robert Herbert City Manager MARY F. PABKE~ 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 March 3, 1993 File #323-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31360-030193 authorizing execution of a contract with Southeastern Library Network, Inc. (SOLINET) for provision of online bibliographic cataloging services to the Roanoke City Library, for a period not to exceed five years, commencing March 20, 1993, as more particularly set forth in your report under date of March 1, 1993, in an amount not to exceed $25,000.00. Resolution No. 31360-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, ~<~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Frank Grisham, Executive Director, Southeastern Library Network, Inc., 400 Colony Square, Plaza Level, Atlanta, Georgia 30361 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Ms. Beverly A. James, City Librarian IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 1993. No. 31360-030193. A RESOLUTION authorizing the execution of a contract with Southeastern Library Network, Inc. ("SOLINET") for the provision of online bibliographic cataloging services to the Roanoke City Library, upon certain terms and conditions. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City Manager and the City Clerk are authorized to execute and attest, Attorney, an appropriate contract with SOLINET, of online bibliographic cataloging services to Library, for a period not exceed five (5) years, respectively, in a form approved by the City for the provision the Roanoke City commencing March 20, 1993, upon certain terms and conditions, as more particularly set forth in the report of the City Manager dated March 1, 1993. 2. SOLINET is the only source practicably available for this needed service. 3. The maximum annual compensation to be paid to SOLINET for the provision of services to be provided under the contract authorized by this ordinance shall not exceed $25,000.00. ATTEST: City Clerk. Honorable Mayor David Bowers and Members of City Council Roanoke, Virginia March 01, 1993 CITY '93 FEF 25 / 9:43 Members of Council: SUBJECT : CONTRACT FOR SOLINET-OCLC SERVICES FOR CITY LIBRARY I. Background City Library contracted with SOLINET in December~ 1989 for access to the OCLC national bibliographic network for cataloging data, equipment to access the network and training. OCLC (Online Computer Library Center) is a not-for-profit national bibliographic network founded and operated to support the cataloging needs of libraries and to perform significant research and development in library technology. SOLINET (Southeastern Library Network) is the regional subsystem through which OCLC services are made available to our area of Virginia. Bo A direct computer interface allows cataloging data to be downloaded from OCLC into the City Library computer system for immediate access by library users. Co In July, 1991~ with ~ Federal LSCA grant through the Virginia State Library the City Library became a participant in the OCLC national interlibrary loan network which provides: 1. online access to the holdings of over 4,000 member libraries nationwide. 2. the ability to place and receive online requests with other participating libraries for loans of materials. 3. the ability to significantly increase resources and services available to the public without increasing staff. D. a In July~ 1991 the City Library joined regional union list of serials funded by a Federal LSCA grant from the Virginia State Library which added City Library holdings to the OCLC database and provided: online access to detailed holdings information of all participating libraries in Virginia and nationwide. a printed Roanoke Valley Union List of Serials and a South West Information Networking Group Union List of Serials covering all of Southwest Virginia. enhanced library service to the public in locating and obtaining magazine articles and journal publications. In May~ 1992 library staff began cataloging the Law Library collection: - by using the extensive bibliographic data for complex legal publications created by law library members of OCLC. o creating an online catalog of the Law Library's holdings which is available to users of all public libraries in the Roanoke Valley. II. CURRENT SITUATION Original contract with SOLINET for OCLC services expired December 20, 1992. Amended contract has been signed to extend the original agreement for three (3) months until March 20, 1993. SOLINET is the sole provider of access to the OCLC national network for Southwest Virginia libraries and as such does not require the bidding process. SOLINET-OCLC network has become the national standard for libraries and its use has resulted in significant resource and service enhancements to the public. 2 Previous allocation was for the amount of $25,000. Current funding represents no increase in annual expenditures for the next five (5) years. III. Issues A. Compliance with procurement requirements. B. Service to the public. C. Funding. IV. Alternatives. A. Council authorize a contract with SOLINET for a term of five (5) years. 1. Compliance with procurement requirements. SOLINET-OCLC network is the only practicably available source that meets the needs of the City Library for national level access to: a. a comprehensive bibliographic database including significant holdings in law materials; b. an online interactive interlibrary loan service on a national level; c. an online interactive journal holdings and union listing system; d. workshops and training opportunities within the immediate area. 2. Service to the public. Service to the public would continually be enhanced through national level resources available to the staff of the City library. 3. Funding. Current available funds of $8,429 in account 001-054-7310-2005 would cover remaining FY 92-93 costs. Annual cost will not exceed $25,000 over the next five (5) years. B. Council reject new contract with SOLINET 1. Compliance with procurement requirements. Not an issue at this time. 2. Service to the public. Bo Ability to retrieve accurate, current cataloging data and make that information available to the public would be significantly reduced; Access to holdings of other libraries in Virginia and the nation would no longer be possible resulting in a significant loss of resources now required to meet public demands. 3. Funding Not an issue at this time. V. Recommendation Ao City Council concur with Alternative A and authorize a new contract with SOLINET for a five (5) ~ear term. B. Authorize the City Manager or his designee to execute the appropriate contract with SOLINET. Respectfully submitted, W. Robert Herbert City Manager c: Wilbur Dibling, City Attorney James Grisso, Acting Director, Finance Corinne Gott, Acting Director, Human Development Beverly James, City Librarian MARY F~ PABk~R 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 March 3, 1993 File #42-77-223-247 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31361-030193 requesting the Virginia Department of Transportation to program a project for construction, including preliminary engineering, right-of-way acquisition and construction, of a pedestrian overpass above the Norfolk and Western Railway Company tracks, including the related atrium facility, to connect the Hotel Roanoke Conference Center Area and the Historic Market Area. Resolution No. 31361-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: Mr. Edwin Bond, Chief Engineer, Bridges and Structures Division, Norfolk Southern Corporation, 99 Spring Street, S. W., Atlanta, Georgia 30303 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent Mr. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Traffic Engineer Mr. Brian J. Wishneff, Chief, Economic Development MARY F. P~RKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 I-2~41 SANDRA H. EAKIN Deputy City Clerk March 3, 1993 File #42-77-223-247 Mr. Scott M. Hollis Urban Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 31361-030193 requesting the Virginia Department of Transportation to program a project for construction, including preliminary engineering, right-of-way acquisition and construction, of a pedestrian overpass above the Norfolk and Western Railway Company tracks, including the related atrium facility, to connect the Hotel Roanoke Conference Center Area and the Historic Market Area. Resolution No. 31361-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, f~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of March, 1993. No. 31361-030193. VIRGINIA, A RESOLUTION requesting the Virginia Department of Transportation to program a project for a pedestrian overpass above Norfolk and Western Railway Company tracks, including the related atrium facility, to connect the Hotel Roanoke Conference Center Area and the Historic Market Area. WHEREAS, there is a need for a pedestrian overpass to enhance pedestrian traffic over the Norfolk and Western Railway Company between the Hotel Roanoke Conference Center Area and the Historic Market Area; and WHEREAS, Council supports overpass and a related atrium pedestrian traffic; THEREFORE, BE IT RESOLVED Roanoke that: construction of a pedestrian facility to provide for such by the Council of the City of 1. This is a priority project for the City, and the Council hereby requests the Virginia Department of Transportation to program a project for construction, including preliminary engineering, right-of-way acquisition and construction, of a pedestrian overpass above the Norfolk and Western Railway Company tracks, including the related atrium facility, to connect the Hotel Roanoke Conference Center Area and the Historic Market Area. 2. Pursuant to S33.1-44, Code of Virginia (1950), as amended, the City hereby agrees to pay its share of the total cost of preliminary engineering, right-of-way acquisition and construction of such project, and if the City subsequently decides to cancel such construction or improvement after the Department has initiated the project at the request of the City, the City hereby agrees to reimburse the Department the net amount of all funds expended by the Department for planning, engineering, right-of-way acquisition, demolition, relocation and construction between the date of initiation by the City and the date of cancellation. 3. The City Manager or Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, all necessary and appropriate agreements with the Department providing for the City to administer the preliminary engineering phase of such project, said agreements to be in such form as approved by the City Attorney. 4. The City Clerk is directed to forward a copy of this resolution to the appropriate officials at the Virginia Department of Transportation. ATTEST: City Clerk. CITY Roanoke, Virginia ~arch 1, lgg~ ~ 25 A9:43 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Request to the VirginiaDepartment of Transportation (VDOT) to Program a Pedestrian Overpass Project Above Norfolk Southern Railroad Tracks I. Background: Long-range planning documents for downtown Roanoke include Design 79, Design 85, and Focus 89. Each of these plans note that the railroad tracks parallel to Norfolk Avenue have constituted a major boundary limit to development and free flow pedestrian traffic for many years. In the 1940's there was a pedestrian connection over the railroad tracks, but when the Hunter Viaduct was built in the 1950's that connection was eliminated. A tunnel was built under the railroad tracks which became a security and maintenance problem. Use of the present at-grade pedestrian crossing is often limited by the heavy volume of train traffic. Hotel Roanoke and Conference Center will require a new method of moving pedestrian traffic over the railroad tracks. It is anticipated that in any given year, approximately 350,000 people will spend the night or eat at the Hotel Roanoke or go to an event at the conference center. If a pedestrian overpass were constructed, it is conservatively estimated that this would result in 1,000 daily pedestrian trips across the railroad tracks. It is projected that an additional 1,000 daily pedestrian trips might be made over the railroad tracks related to employment, parking, civic center events, Gainsboro residences, and Henry Street. II. Current Situation: Ae Virginia Department of Transportation advised the City that it concurs in the need for a pedestrian overpass to enhance pedestrian accessibility as well as to increase safety by the elimination of pedestrian and train conflicts. VDOT views the pedestrian overpass to be eligible for urban system funding (these are the highway construction funds received annually for projects such as Peters Creek Road Extension). Additionally, the public Members of City Council Page 2 III. atrium area necessary for an escalator (on the south end of the overpass) would also be eligible for these funds, exclusive of any portion of the atrium to be used for commercial purposes. A preliminary cost estimate for the overpass and atrium is $2.5 million. Be City Council would need to officially reguest that this project be programmed as an urban construction project by March 15, 1993 to allow VDOT sufficient time to include this project in the next update (FY 93-94) of their Six-Year Improvement Program, and in preparation for the pre-allocation hearing process. Schedule for projects currently listed in Roanoke City's portion of the Six-Year Improvement Program are not expected to be adversely impacted by the insertion of this new project in the plan. Funds could be reallocated among projects without substantially altering the presently anticipated schedules. City's projects include Fifth Street Bridge Replacement, Second Street/Gainsboro Road, Wells Avenue Widening, Peters Creek Road Extension, Brandon Avenue Widening, and Tenth Street Widening. Agreement for architectural and engineering services was awarded by City Council at its meeting on May 7, 1990 to Hayes, Seay, Mattern & Mattern, Inc. in the amount of $265,600 for the design of streetscape improvements around the Dominion Tower as well as for the design of the pedestrian bridge and atrium. The remaining balance for this agreement is $144,631. Use of Hayes, Seay, Mattern & Mattern, Inc. under this agreement for this project would require that the City enter into an agreement with VDOT by which the City could administer the preliminary phase of this project, while VDOT would retain responsibility for right-of-way and construction phases. All project phases would be funded at the usual State share of 98% and City share of 2% for project- eligible expenses. (The agreement with Hayes, Seay, Mattern & Mattern will likely need to be amended to reflect certain VDOT requirements.) Issues: A. Need B. Fundinq C. Timinq Members of City Council Page 3 IV. Alternatives: City Council request by resolution that the Virginia Department of Transportation program an urban construction project for a pedestrian overpass above Norfolk Southern Railway tracks, including the related atrium facility, and authorize the City Manager to enter into an agreement with the Virginia Department of Transportation providing for the City to administer the preliminary engineering phase of the project. Need for this project exists to improve pedestrian accessibility and safety between Hotel Roanoke/Conference Center area and the Historic Market area. Need will greatly increase upon completion of Hotel/Conference Center project. Funding would be available, if project is approved by Commonwealth Transportation Board, in annual VDOT urban allocations made to the City for 98 percent of eligible project expenses. City's share of two percent could be funded from the Streets and Bridges category of the 1992 Bond Series. Additional enhancement and/or safety funds may become available to supplement these VDOT urban funds, subject to establishment of these funds by the State. Timing is critical as VDOT needs City Council's resolution by March 15, 1993 to allow VDOT sufficient time to include this project in the next update of the Six-Year Improvement Program, and in preparation for the pre-allocation hearing process. The engineering, right-of-way, and construction stages are preliminarily expected to cover a two-year period in the Six-Year Improvement Program. City Council not request the Virginia Department of Transportation to program the subject project for funding. Need will continue to grow for improved pedestrian accessibility between Hotel Roanoke/Conference Center area and the Historic Market area. 2. Fundinq would not be needed for this project. 3. Timing is not an issue Members of City Council Page 4 Recommendation is that City Council approve Alternative "A" and: ae Request by resolution that the Virginia Department of Transportation program an urban construction project for a pedestrian overpass above Norfolk Southern Railway tracks, including the related atrium facility, to connect between the Hotel Roanoke/Conference Center area and the Historic Market Area, for preliminary engineering, right-of-way acquisition, and construction. Be Indicate that, if the City cancels the project in the future for any reason, the City would pay 100 percent of all costs associated with any work completed on the project between time of programming and the cancellation notice. (This type of statement is usual and typical of all highway project programming request made by municipalities throughout Virginia.) Approval of this recommendation by City Council will necessitate the provision of local share funding later this year when funds are transferred from existing funding sources into project accounts to ensure adequate funding for all VDOT projects in the subsequent 12-month period. Authorize the City Manager to enter into an agreement with the Virginia Department of Transportation, in form approved by the City Attorney, and cash reimbursement schedules approved by the Director of Finance, providing for the City of Roanoke to administer the preliminary engineering phase of the pedestrian overpass and atrium project. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm copy: Director of Finance City Attorney Director of Public Works City Engineer Chief, Economic Development Traffic Engineer 'Re~aseDa~: March 1, 1993 Con~: JackResntck - 914-278-7000 Brian Wishneff - 703-981-2715 Transkrit Corporation, Brewster, New York announced that it will relocate corporate headquarters and several office and manufacturing positions to Roanoke, Virginia. Earlier this year, the company announced construction of a new, 90,000 square foot building in Roanoke to house 60-70 manufacturing positions. Today, lack Resnick, President and Chief Operating Officer, said, "The decision to relocate corporate headquarters and several office positions will result in approximately 150-175 jobs in Roanoke, Virginia. Construction of our building will start in a few mooths, and we expect to begin operating in Roanoke in late January or early Februal~ of 1994." The approximately 100 additional jobs will be coming to Roanoke and these include executive and staff positions in adminisWation, marketing and customer service, human All employee~ will be offered the opportunity to Wansfer to the Roanoke Valley. Any positions not filled by trangferring employ_-e~__ will be filled by local hire~. "This is exactly the ty~ of development project we ail work so hard to get," said Roanoke Mayor David Bower~. "Thc Roanoke Valley nead~ these kind~ of management jobs," said Roanoke Mayor David Bowe~. 'This announcement is very important to the people who live in the Roanoke Valley and is an example of the City Councils ongoing commitment to attract and retain quality busine~.~.' Tran~krit Im selected Matm-n & Craig, engineer, and L M. Turner & Co~, Inc. as general conUactor for this project in the Roanoke Centre for Industry and Technology, the city's 0 f~ce of Public Info'marion Municipal Bu/Idin~ Room 564 215 Church Ave., S.W. l~anoke, VA 24011 (703) 981-2336 Transk~it worked with the Roanoke Department of Economic Development, the Roanoke Valley Economic Development Partnership and the Virginia Department of Economic Development. Transkrit is a leading manufacturer of specialty business forms and pressure sensitive labels with a nationwide sales force and manufacturing locations in Brewster, New York; Wilton, New Hampshire; Fort Smith, Arkansas; Chicago, Illinois; Sparks, Nevada~ Miami, Florida and soon to be Roanoke, Virginia. Transkrit employs approximately 900 people nationwide. For more information, contact Jack Resnick (914) 278-7000 at Transkrit Corporation in Brewster, New York and Brian Wishneff, Chief of Economic Development, City of Roanoke (703) 981-2715. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir$inia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 3, 1993 File #5-24-176-328 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31362-030193 amending and reordaining Section 21-44, Solicitations and sales; prohibited acts, Code of the City of Roanoke (1979), as amended, relating to prohibited conduct by persons soliciting money or any thing of value; and repealing Section 28-1, Begging or soliciting alms, Code of the City of Roanoke (1979), as amended. Ordinance No. 31362-030193 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 1, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge~ Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Wiliett, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Mr. W. Robert Herbert March 3, 1993 Page 2 pc: The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court The Honorable W. Alvin Hudson, Sheriff Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. George C. Snead, Jr., Director, Public Safety Mr. M. David Hooper, Police Chief Mr. Kent Willis, Executive Director, American Civil Liberties Union of Virginia, 6 N. Sixth Street, Suite 400, Richmond, Virginia 23219 Mr. Franklin D. Kimbrough, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 1st day of March, 1993. No. 31362-030193. VIRGINIA, AN ORDINANCE amending and reordaining S21-44, Solicitations and sales~ prohibited acts, Code of the City of Roanoke (1979), as amended, relating to prohibited conduct by persons soliciting money or any thing of value; repealing S28-1, Beqqinq or solicitinq alms, Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, the City Council of the City of Roanoke finds that aggressive solicitation for money or other thing of value and aggressive sales tactics directed at residents, visitors and tourists in public places imperils the public safety and welfare; WHEREAS, Council finds that acts of aggressive solicitations and sales of the type prohibited by this ordinance undermine the public's basic right to be in and enjoy public places without fear that they will be accosted by persons engaging in anti-social conduct of the type prohibited by this ordinance; WHEREAS, Council finds that going into streets or highways for the purpose of soliciting or making sales endangers those persons attempting to solicit or sell as well as the traveling public; and WHEREAS, the City and various charitable agencies are committed to meeting the needs of the poor and homeless, and the intent of City Council in adopting this ordinance is to promote the peaceful enjoyment of Downtown by all persons, regardless of their economic status; ATTAC]~ENT C THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 21-44, Solicitations and sales~ prohibited acts, Code of the City of Roanoke (1979), as amended, shall be amended to read and provide as follows: S21-44. Solicitations and sales~ prohibited acts. (a) No person shall, in soliciting any contribution or donation of money or any thing of value, or in seeking to sell any item, engage in any of the following conduct: (1) Touch the person to whom such efforts are directed with the intent to interfere with such person's free passage without the person's permission; or (2) Obstruct or impede the flow of pedestrian traffic, including intentionally stepping in the path of any person so as to impede his progress, in or on any public sidewalk, building, park or other public place; or (3) Obstruct or impede free ingress to or egress from pedestrian or vehicular entrances to public or private property abutting any public sidewalk or street; or (4) Stand on or go into any street or highway for the purpose of soliciting any contribution or donation from, selling any item to, or conducting any business with any occupant of any motor vehicle; or (5) Harass another person for the purpose of inducing that person to give money or other thing of value. (b) For the purposes of this section, an individual ("solicitor") harasses another ("solicitee") when the solicitor closely follows the solicitee and requests money or other thing of value after the solicitee has communicated to the solicitor that the solicitee does not want or intend to give money or other thing of value to the solicitor. City of 3. (c) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. Section 28-1, Beqqinq or solicitinq alms, Code of the Roanoke (1979), as amended, is hereby REPEALED. If any subsection, sentence, clause, phrase or word of this ordinance shall for any reason be declared unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or the effectiveness of the remaining portion of this ordinance or any part thereof. 4. In order to provide for the usual daily operation of the municipal government, an emergency is declared to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. WILBURN C, DIBLING, JR. CITY A3~ORNEY CITY OF ROANO OFFICE OF CITY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-981.2431 TELECOPIER: 703-981-2940 March 1, 1993 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU QLADYS L. YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Public beqqinq Dear Mrs. Bowles and Gentlemen: My Office has recently completed an intensive review of the City's ordinances relating to public begging. As Council may know, the City has two begging ordinances. The first begging ordinance (~28-1, Code of the City of Roanoke (1979), as amended), which I will refer to as the "old ordinance", is attached hereto as Attachment A. The second begging ordinance (~21-44), which I will refer to as the "modern ordinance", was recommended by me in 1980 and is attached hereto as Attachment B. The review conducted by my Office has included research of the court decisions considering similar ordinances, review of ordinances adopted by other cities and consideration of the views of downtown merchants, the Police Department and the Commonwealth's Attorney. The entire legal staff of this Office has been involved in this task force effort, and I am indebted to Assistant City Attorneys Parsons, Talevi, Kronau and Yates for their careful analysis of the legal issues relating to public begging. Initially, it is important to understand that the issue of public begging is a societal issue that cannot be dealt with solely by the criminal justice system which is, in fact, ill-equipped to deal with this type of behavior. A police officer's arrest of a beggar is at best a very short term solution to behavior perceived by many as antisocial, and, of course, imposing a fine on an indigent beggar is at best illogical. The public begging problem demands a coordinated response from the public and private sectors which must include social agencies, mental health agencies, downtown business interests, economic developers, charitable enterprises and religious entities, as well as the criminal justice system. In this regard, Downtown Roanoke, Inc., is to be commended for its leadership in addressing the societal problem of public begging as well as educating the public in the appropriate response to an unwelcome solicitation. The inextricable relationship between public intoxication and public begging must also be recognized in considering any effective response. The Honorable Mayor and Members of City Council March 1, 1993 Page 2 It is the old ordinance which has recently been utilized on several occasions in an effort to address overly aggressive begging in the downtown area. While our Police Department has acted with commendable restraint, applying the old ordinance only to the most aggressive and obnoxious conduct, it must be conceded that the ordinance is susceptible to a broader application. Our research with respect to this type of ordinance indicates that the Supreme Court of the United States has not ruled on the constitutionality of an ordinance imposing a broad prohibition against begging in public streets and places. Our research reveals that two federal district courts and one state court have ruled on ordinances imposing prohibitions against begging in public streets and places. Loper v. New York City Police Department, 802 F.Supp. 1029 (S.D.N.Y 1992); Blair v. Shanahan, 775 F.Supp. 1315 (N.D.Cal. 1991); C.C.B v. State of Florida, 458 So.2d 47 (Fla.App.1 Dist. 1984). All these decisions have held broad begging ordinances to be unconstitutional on First Amendment grounds. No federal circuit court has ruled on the constitutionality of an ordinance imposing a broad prohibition against begging in public streets and places. One circuit court has ruled that a prohibition of begging in the New York City subway system was constitutional. Younq v. New York City Transit Authority, 903 F.2d 146 (2d Cir. 1990). The distinction between upholding the constitutionality of a prohibition of begging in a public street and upholding the constitutionality of a prohibition of begging in a subway system is important. A subway system unlike a public street or sidewalk is not a traditional public forum. Limits on constitutional freedoms are traditionally more strictly scrutinized when the forum is a traditional public forum, such as a public street or sidewalk. Since 1989, no federal court has upheld an ordinance involving begging in a public street or other traditional public forum as broad as our old ordinance. Based upon our review of the case law, I am of the opinion that it is unlikely that our old ordinance could be successfully defended. Therefore, I recommend repeal of the old ordinance, and I am attaching an ordinance which will accomplish this (Attachment C). At the same time, I am recommending amendment of modern ordinance making it an even more effective regulate antisocial conduct, not speech. Our modern (Attachment B) prohibits the following conduct: the City's weapon to ordinance 1. Touching by the solicitor of the person being solicited ("solicitee"); The Honorable Mayor and Members of City Council March 1, 1993 Page 3 A solicitor's obstructing or impeding the path of a pedestrian; or e A solicitor's going into a public street to solicit or sell to motorists. I recommend amendment of the modern ordinance to prohibit the following additional conduct: Harassment by a solicitor of a solicitee for the purpose of inducing the person to give money; and Obstructing the pedestrian or vehicular entrance to private property abutting any public sidewalk or street. "Harassment", under the amended ordinance, would occur when a solicitor, after a solicitee has declined to contribute, closely follows the solicitee and continues to request money. The amended ordinance will apply equally to aggressive conduct in sales and solicitations. In drafting amendments to the modern ordinance, I have attempted to steer clear of regulating speech, and I believe that the amended ordinance accomplishes this objective. Violation of the amended ordinance will constitute a Class 3 misdemeanor punishable by a fine of not more than $500. Attachment C incorporates the recommended amendments to the modern ordinance as well as repealing the old ordinance. If City Council adopts the recommended ordinance (Attachment C), this ordinance will not be the only tool available to police in dealing with aggressive panhandlers who engage in antisocial conduct. In addition to the amended ordinance, police may, in cases where aggressive conduct warrants, charge panhandlers with assault (S21-7 of the City Code), disorderly conduct by engaging in conduct having a direct tendency to cause acts of violence by the person to whom such conduct is directed (SlS.2-415.A. of the State Code) or cursing and abusing (S18.2-416 of the State Code). In conclusion, my Office is very much concerned with the threat to public safety and welfare created by aggressive panhandling. Such conduct clearly jeopardizes the City's efforts to create a safe and secure environment in downtown Roanoke for all persons. Repeal of the City's old begging ordinance and its replacement by an amended modern ordinance regulating conduct, not speech, should control offensive behavior while protecting constitutional rights. The Honorable Mayor and Members of City Council March 1, 1993 Page 4 I would also like to endorse the recommendation of most social agencies that deal with the homeless that the public not make gifts directly to panhandlers. Free shelter and food are available to homeless persons in this City. In many instances, well-intentioned gifts of the public are used to purchase alcohol or illicit drugs. Moreover, I have been advised that some persons arrested for aggressive panhandling have had a significant sum of money in their possession. I wish to thank George C. Snead, Director of Public Safety, M. David Hooper, Chief of Police, and Donald S. Caldwell, Commonwealth's Attorney, for their helpful comments and suggestions in addressing this important public issue. I will be pleased to answer any questions City Council may have in this matter. With kindest personal regards, I am WCD:f Attachments cc: Sincerely yours, Wilburn C. Dibling, Jr. City Attorney The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Director of Public Safety M. David Hooper, Chief of Police Franklin D. Kimbrough, Executive Director, Downtown Roanoke, Inc. Sec. 28.1. Begging or soliciting alms. No person shall, on any public street or way or in any park or other public place in thc city, beg or solicit alms or charitable aid, unless such solicitation is made pursuant to · permit issued under article II of this chapter, or unless such solicitation is otherwise permitted by law. Any perSOn violating this section shall be guilty of a Ciasa 4 miedemea~or. (Code 19~, Tit. VIII, Ch. 3, § 5; Tit. XXlIl, Ch. 4, ] 11) A~AC]D{ENT A floe. 21-44. 8olicJtationo and sales; prohibited acts. (s) No person shall, in soliciting any contribution or donation or in ~king to sell an). item: (1) Touch tho pecan to whom ouch efforts &re diroctod without the per~on*s permimion; or (2) Obstruct or impede tho flow of podutrian tr~fic. includinf intentlon~lly oteppinf in the path of any IMmon ~o ~s to impods his pro, mm, on ~ny public sidoweik, in mt sirport terminal, in any buildin~ or the civic cantor, in any othor public buildinf or in any businem e~tobliohment or shoppinf c~ntor srcsde or IMrkifq lot; or (3) Stand on or fo into any strait or hifhwsy for tho purple of solieitinf such contribution or donation from, sellinf any item to. or conductinf any businom with tho occupant of any motor vehicle. (b) Any I~mon vioLttin~ tho provbiono of thb section dudi be fvilty or s misdemeanor, punidmblo by s f'me o~ not maes tlum five hundred dolhrs (M00.00). (Ord. No. ~0~8, ! l, 1-28-80) BdJtm~ ume--Oe~ N~ 24~8. ! 1. muembd 18~ ~ T~ XXIll. CK ATTACI~4~NT B OFFICERS AND DIRECTORS JOSEPH B. WRIGHT Carillon Health System President DOUGLAS C WATERS NationsBank Vice Presidenl ROBERT G BENNETT Grand Piano & Furnilure Co Inc Vice President JOHN P. GROVE Woods Rogers & Hazlegrove Vice President TED C MOOMAW, JR Wodd Travel Service Vice President RICHARD C WALTERS 8ooks Sirings & Things Vice President MICHAEL M WALDVOGEL Waldvogel Poe & Cronk Davidson s BEVERLY T FITZPATRICK, JR KATHRYN B McQUADE PATRICK N. SHAFFNER CHARLES E WARSAW, II February 24, 1993 Mr. Wilburn C. Dibling, Jr. City Attorney City of Roanoke 215 Church Avenue, SW Room 464 Roanoke, Virginia 24011 Dear Wih Please accept this correspondence from Downtown Roanoke Incorporated as an endorsement of the downtown business community for your efforts and that of your staff in making the needed changes to the local city ordinances affecting panhandling. We actively and without reservation support the proposals to repeal the old ordinance (28-1) and the addition of the progressive amendments to the existing ordinance sections on Solicitations and sales; prohibited acts. As you are aware, aggressive panhandling has become a very real concern for the downtown business community. As such, we have been working for several months with nine local social service and angel of mercy organizations to make sure that all of the people who find themselves on the streets of downtown Roanoke have access to food, shelter and treatment/assistance for their problems. Unfortunately, a small number of the individuals "working" (panhandling) on the sidewalks of downtown don't want any of the help these agencies offer nor are they homeless. Based upon our collective research, the same 12 to 15 individuals daily prey upon the downtown workforce, visitors and shoppers for money to support alcohol and other substance abuse addictions. These individuals give the true homeless a bad name and are in reality petty criminals who go way beyond their right to assemble and practice free speech in a public space. Downtown Roanoke Incorporated believes that all people should have the freedom to use and be heard on our downtown public sidewalks. However, that individual freedom should not go so far as to impair the rights of others to do the same because of vulgar harassment, impairment of passage, physical assaults, or physical intimidation. For these reasons, we enthusiastically endorse and support the proposed ordinance changes relating to panhandling. DOWNTOWN ROANOKE, INCORPORATED 310 FIRST STREET, S.W. · ROANOKE, VIRGINIA 2401 (703) 342 2028 · FAX (703) 344-1452 Mr. Dibling page 2 Individuals who continue to practice the threatening behavior identified above in their approach to solicitation of alms should be considered a threat to law abiding citizens and as such continue to receive the appropriate response from our local police. The City of Roanoke has an obligation to protect all people utilizing our public spaces. Thank you for all that you and your office do to make downtown Roanoke safer, more attractive and more enjoyable for us all. All ,~ best, ~D. Kimbrough [xecutive Director MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 3, 1993 File #247-411 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, March 1, 1993, you were requested to take the appropriate action to establish a program to insure that all minority businesses and locally owned businesses, etc., are aware of bid requirements for participation in the Hotel Roanoke/Conference Center Project. Sincerely, '~. ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc-' Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Brian J. Wishneff, Chief, Economic Development Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Release Date: ~93 CO~L ~t: no ?ublic Information Officer ASSISTANCE ON HOTEL RENOVATION Groups involved in the renovation of the Hotel Roanoke and the associated Conference Center met this afternoon to determine what needs to be done to assure that local contractors, with emphasis on small and minority businesses, are given every opportunity to participate in the construction work on the projects. Attending the meeting were representatives from Virginia Tech, Faison Associates (the Hotel developer), J.M. Turner and F.N. Thompson (the general contractors for the Hotel), the Roanoke Conference Center Commission, the city of Roanoke and the Gainsboro neighborhood. Specific strategies agreed to by the group include: · Informing area contractors about the Hotel and Conference Center projects and related work opportunities. · Making sure that all contractors are competing on an equal playing field, which is to say that there is competition for the work based on price, quality and qualifications. · Encouraging minority contractors, female contractors and small business contractors to compete for the work. Specific actions to be taken include: Office of l:'ublic Infor marion Municipal Building, Room 364 215 Church Ave., S.W. Roanoke, VA 24011 (7031 981-2336 · The developer, Faison Associates, will provide the city with a listing of needed trades and subcontract specialties as soon as possible, along with the requirements for pre-qualifying subcontractors. · The Southwest Virginia Community Development Fund (SVCDF), the Minority Business Network, the Blue Ridge Small Business Development Center and the City will use this listing to recruit minority and other local businesses in the specialties indicated by the developer as needed, assist them in pre-qualifying, and present them to the developer. · A pre-bid meeting will be held for all interested subcontractors at the Civic Center for the developer to review the project, contracting requirements, etc. SVCDF, the Minority Business Network, the Blue Ridge Small Business Development Center and the City will publicize the event and encourage minority and local businesses to attend the pre-bid meeting and then bid on the Hotel work. Additionally, with respect to the Conference Center, the city of Roanoke will follow Commonwealth of Vlrginia bidding procedures as well as the city's Minority Business Plan. Also, as with the Hotel project, a pre-bid meeting will be held by the city regarding the development of the Conference Center. "We recognize that this project is an important economic development project for Roanoke," said Dr. James D. McComas, president of Virginia Tech. "We want to provide Jobs and work for minority and other citizens of the Roanoke Valley, not only once the Hotel reopens, but also in the construction and renovation work. With the federal funding and the citizen donations, we feel efforts should be made to assist local businesses in competing for the work. "At the same time, this project must be affordable," added Dr. McComas. It is possible that some of the renovation work will go to contractors from outside the Roanoke Valley if they are able to provide the service at a lower cost than local contractors. Our goal is to make sure that local contractors are on an equal playing field with other contractors in having everyone given a fair opportunity to bid and be considered for the work." 30 -