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Home My WebLink AboutCouncil Actions 06-07-93WH1TE 31490 REGULA_R WEEKLY SESSION ROANOKE CITY COUNCIL June 7, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. All Present. The Invocation was delivered by The Reverend Randy J. Garner, Pastor, Valley View Wesleyan Church. The Pledge of Allegiance to the Flag of the United St_a__tea of America was led by Mayor David A. Bowers. The Mayor presented a Certificate of Achievement for Excellence in Financial Reporting in recognition of the City of Roanoke's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1992, to James D. Grisso, Acting Director of Finance; and a certificate for Financial Reporting Achievement to Jesse A. HaH, Administrator of City Accounting Services, and to Joyce VanHouten, Retirement Accountant, for the City of Roanoke Pension Plan. 2. CONSENT AGENDA C-1 C-2 C-3 (APPROVED 7-0) ALL MATrERS 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 II'EMS. IF DISCUSSION IS DESIRED, THE ITEM WII.L 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)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A report of the City Manager with regard to Civic Center Commission authority relative to Victory Stadium. RECOMMENDED ACTION: Receive and file. A communication from Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson, Roanoke City Council Personnel Committee, requesting an 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. 2 C-4 C-5 C-6 RECOMMENDED ACTION: Concur in request for Council to 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 list of items pending from February 10, 1991, to May 24, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Gilbert E. Butler, Jr., as a member of the City Planning Commission to fill the unexpired term of John B. Ferguson, resigned, ending December 31, 1994. RECOMMENDED ACTION: Receive and file. Qualification of J. Stephen Shepard as a member of the Youth Services Citizen Board, for a term of three years ending May 31, 1996. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HF. ARING OF CITIZENS UPON PUBLIC MATrERS: None. 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board recommending appropriation of $243,881.00 from the Capital Maintenance and Equipment Replacement Fund to provide funds for various projects. Adopted Budget Ordinance No. 31490-060793. (7-0) A communication from the Roanoke City School Board recommending the close out of 31 completed grants, resulting in a net decrease of $272,104.00. Adopted Budget Ordinance No. 31491--060793. (7-0) 5. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: The Assistant City Manager presented a briefing with regard to the storm that occurred in the Roanoke Valley on Friday, June 4. ITEMS RECOMMENDED FOR ACTION: A report recommending transfer of $40,000.00 from the Chemical Account to the Maintenance Account within the Sewage Treatment Plant budget to provide funds for the remainder of fiscal year 1992-93. Adopted Budget Ordinance No. 31492-060793. (7-0) A report recommending transfer of $18,520.00 to provide for continued maintenance planning relative to the City's bridge maintenance/replacement program. Adopted Budget Ordinance No. 31493-060793. (7-0) A report recommending issuance of Change Order No. 1, in the amount of $2,300.00, to the City's contract with Mattern & Craig, Inc., for engineering services to provide design and contract administration for the Sewershed Corrective Action Project. Adopted Resolution No. 31494-060793. (7-0) 4 4. A report recommending approval of a leave of absence for educational purposes for an employee of the Department of Social Services. Adopted Resolution No. 31495-060793. (7-0) 5. A report with regard to funding for Workers' Compensation Wage and Medical accounts. Adopted Budget Ordinance No. 31496-060793. (7-0) 6. A report recommending execution of a contract with the Roanoke Redevelopment and Housing Authority authorizing the Authority to purchase approximately 4.7 acres of land at the Hotel Roanoke site from the Virginia Tech Real Estate Foundation. Adopted Resolution No. 31497--060793. (7-0) A report with regard to repealing Ordinance No. 31392-032293 and adopting two new ordinances relating to Industrial Access ApplicationfFranskrit Corporation. Adopted Ordinance Nos. 31498-060793 and 31499-060793. (7-0) ACTING DIRECTOR OF FINANCE: 1. A report recommending transfer of appropriations for employee fringe benefits. Adopted Budget Ordinance No. 31500-060793. (7-0) c. CITY ATTORNEY: A report relative to a proposed new method of amending the United States Constitution. Adopted Resolution No. 31501-060793. 6. REPORTS OF COMMITFEES: (7-o) ao A report of the Personnel Committee of Roanoke City Council recommending payment of deferred compensation on behalf of the City Registrar. Vice-Mayor Beverly T. Fitzpatrick, Jr., Chairperson. Adopted Ordinance No. 31502-060793. (7-o) A report of the Water Resources Committee recommending that certain City-owned property be declared surplus to the City's needs and authorized for sale to the highest bidder. Council Member Elizabeth T. Bowles, Chairperson. Adopted Resolution No. 31503--060793. (7-o) Ce A report of the Water Resources Committee recommending appropriation of funds from Water Fund previous year's retained earnings to be used for overtime wages and chemicals. Council Member Elizabeth T. Bowles, Chairperson. Adopted Budget Ordinance No. 31504-060793. (7-o) UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: None. OF 9. MOTIONS AND MISCELLANEOUS BUSINESS: 6 10. a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARINGS OF CITIZF. NS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed Delvis O. McCadden to the Fifth District Planning Commission Appointed Elizabeth T. Bowles as ex-officio member of the Board of Directors, Williamson Road Area Business Association 7 REMARKS FOR CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING June 7, 1993 Mayor David A. Bowers A Certificate of Achievement for Excellence in Financial Reporting has been awarded to the City of Roanoke for its Comprehensive Annual Financial Report for the fiscal year ended June 30, 1992, by the Government Finance Officers Association of the United States and Canada. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment for a locality. The component unit financial report has been judged by an impartial panel to meet the high standards of the program, including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the financial report. On behalf of the Members of Roanoke City Council, I am pleased to present this Certificate of Achievement for Excellence in Financial Reporting in recognition of the City of Roanoke's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1992, to our Acting Director of Finance, James D. Grisso. I am also pleased to present this certificate for Financial Reporting Achievement to Jesse A. Hall, Administrator of City Accounting Services, and to Joyce VanHouten, Retirement Accountant, for the City of Roanoke Pension Plan. March 18, GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 1993 RECEIVED ,31',, The Honorable David A. Bowers Mayor City of Roanoke Drawer 1220 Roanoke, Virginia 24006 Dear Mayor Bowers: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended June 30, 1992 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Jesse A. Hall, Admin. of city Accounting Services. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1992 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION ~~. ~au~thier~ ~/L~5~c~~ Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, D.C. 20006 202/429-2750 · Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 600, Chicago, Illinois 60601 312/977-9700 · Fa×: 312/977-4806 RECE'V T May 12, 1993 The Honorable David A. Bowers Mayor City of Roanoke Pension Plan Drawer 1220 Roanoke, Virginia 24011 Dear Mayor Bowers: We are pleased to notify you that your annual component unit finan- cial report for the fiscal year ended June 30, 1992 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in Public Employee Retirement System (PERS) accounting and financial reporting, and its attainment represents a signifi- cant accomplishment by a PERS and its management. When a Certificate of Achievement is awarded to a PERS, an Award of Financial Reporting Achievement is also presented to the individual designated by the PERS as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Joyce Van Houten, Retirement Accountant. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1992 Certificate Program results are enclosed. We hope that your example will encourage other PERS officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, D.C. 20006 202/429-2750 · Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 March 18, 1993 NEWS RELEASE Stephen Gauthier (Chicago)--The Certificate of Achievement for Excellence cial Reporting has been awarded to: CITY OF ROANOKE by the Government Finance Officers Association of For information contact: (312) 977-9700 in Finan- the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: JESSE A. HALL, ADMIN. OF CITY ACCOUNTING SERVICES The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, D.C. 20006 202/429-2750 · Fax: 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: Joseph S. Paxton Assistant County Administrator County of Rockingham P. O. Box 1252 Harrisonburg, VA 22801 703/564-3010 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 June 7, 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 P, ECEF;i: ? CITY CI~:' '93 JUN-1 P1:38 Roanoke, Virginia June 7, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Civic Center Commission Authority Relative to Victory Stadium Background: A. Information was requested during the May 17, 1993 Council meeting regarding a definition of authority for the Civic Center Commission over the marketing, booking and contract negotiations for Victory Stadium. B. Chapter 24 of the City Code, copy attached, addresses both the operation and utilization of Victory Stadium as well as the authority of the Civic Center Commission. Victory Stadium is addressed as follows by Chapter 24. Section 24-2 states that public buildings, unless otherwise provided by law or ordinance are under the charge and direction of the City Manaqer. This includes Victory Stadium. As to Victory Stadium, the City Manager has delegated this responsibility to the Manager of Parks and Recreation with the additional requirement that the Manager and Staff of the Civic Center assist the Manager of Parks and Recreation with marketing and contract negotiations for events originating outside the Roanoke Valley. Section 24-4 specifies that rates and charqes for the use of Victory Stadium shall be as prescribed from time to time by City Council. Section 24-5 provides that rates and charges for the use of Victory Stadium shall not entitle the payor to any concession privileges, which privileges shall be publicly bid. Section 24-8 provides that the lessees of Victory Stadium shall provide performance bonds and liability insurance as approved by the City Manager. Page 2 Section 24-9 provides that there can be n__qo activity at Victory Stadium between the hours 12:00 midniqht and 7:00 a.m. next following. of Section 24-10 provides that police protection shall be provided by the City at a level deemed adequate by the City Manager. Civic Center is addressed by Section 24-23 through Section 24-32 and provides that the Civic Center Manager is under the supervision and control of the City Manager and provides other requlations as imposed by City Council and subject to certain authorities of the Civic Center Commission as defined in paragraph I(F). Civic Center is defined by Section 24-23 as the Roanoke Civic Center including the auditorium, poliseum, and exhibit hall and their related facilities, and the grounds appurtenant thereto. Civic Center Commission is addressed by Section 24-44 through 24-49 as follows: Sections 24-44 through 24-47 defines the Civic Center Commission, terms of office, officers and liaison members. Section 24-48 defines the authority of the Civic Center Commission as follows: Within funds provided by appropriation by City Council, to decide upon, direct and implement the promotion and advertising policy of the Civic Center. To establish fees~ rentals~ rates and charqes of the Civic Center subject to Section 24-26. To decide all matters relating to parkinq at the Civic Center. To decide on the awarding of contracts and agreements relating to concessions at the Civic Center, which decision shall be reported to City Council for implementation. e. To establish policy relating to ticket sales at the Civic Center. Page 3 Other than the foreqoing, the Commission's role is advisory only. II. Conclusion: Civic Center Commission authority is defined by Section 24-48 of the City Code and deals solely with the Civic Center facilities. Co Victory Stadium is under the authority of the City Manager generally, with rates and charges being prescribed by City Council. Civic Center Manager has been requested by the City Manager to assist the Manager of Parks and Recreation with marketing of Victory Stadium. Havinq stated the foregoing to the inquiry, we all appreciate interest in promoting the City and its facili.ties from all citizens. Respectfully, W. Robert Herbert City Manager WRH:KBK:afm Attachment CC: City Attorney Acting Director of Finance Chairman, Civic Center Commission Director of Public Works Director of Utilities & Operations Acting Manager, Recreation, Parks & Grounds Maintenance Manager, Civic Center Chapter 24 PUBLIC BUILDINGS AND PROPERTY GENERALLY* Article I. In General 24-1. 24-1.1. 24-1.2. 24-2. 24-3. 24-4. 24-5. 24-6. 24-7. 24-8. § 24-9. § 24-I0. § 24-11. Local improvements generally. Assessments for sewer and sidewalk improvements. Docketing, indexing end recording eseessments. Control of public buildings. Rules and regulations governing use of public buildings facilities. Rates and charges for use of public buildings ired fecilities. Concessions. Insurance on public property. Liability insurance required for Ieee of ~rmory f, cilities. Performance bond and liability insurance required for ieee of Victory Stadium and Mahar Field. Performances, show~ and other activities prohibited at Victory Stadium between certain hour~. Police protection for performances or ezhlbitionL Scalping tickets to athletic and othe~ events held in city facility. 24-12--24-22. Article II. Civic Canter Division 1. Generally 24-23. 24-24. 24-25. 24-28. 24-27. Definition. General responsibilities of man,ger. Fidelity bonds for certain personnel. l~tes fo~ use and terms. Spechl revolving bank checking eccount for receipts. *Cross references--Working of prisoners on city property, §§ 1-14, 1-15; au- thority of city manager to lease surplus real property, § 2-122; c/ty pound, § 6-1.1; airport, Ch. 4; cemeter/es, Ch. 8; littering public property, § 14-3; libraries, Ch. 18; trespass or encroachment on city property, § 21-29; forcibly taking possossion of city building, § 21-30; spitting on floors, steps, etc., of public building, § 21-37; begging or soliciting alms on public property, § 28-1; permit for charitable solici- tations on public property, § 28-14 et seq.; streets and sidewalks, Ch. 30; reserva- tion of land in subdivisions for public use, § 31-123; trees and shrubs on city property, § 33-1 et seq.; regulations governing uso of Carvins Cove Area, § 35-14 et seq.; zoning, Ch. 36. Supp. No. 16 1857 ROANOK~COD~ 9 24-28. 9 24-29. 9 24-30. 9 24-31. 9 24-32. Refund of receipts from advance ticket sales. Authority of manager, mlstant manager and box ~ manager to cash ch~cks. Record of and esttlement of accounts for rental events. City-sponsored events. Po~eseion, consumption or sale of alcoholic b~vara~es. 99 24-33--24-43. Reserved. Division 2. Civic Center Commission 9 24-44. Definition. 9 24-45. Established; compo~ition; name. 9 24-45.1. Council member liaison. 9 24-46. Appointment and terms of members. 9 24-47. Election of chairman and vic~-chair,~-,~. 3 24-48. Authority. 3 24-49. Reservation of council rights. 33 24-50--24-60. Reserved. 24-61. 24-62. 24-63. 24-64. 24-85. 24-66. 24-67. 24-68. 24-69. 24-70. 24-71. 24-72. 24-78. 24-74. 24-75. Article Iii. Public Markets Violations of article. Definition. Where held. Operating hours. Reserved. Curb spaces generally. License prerequisite to occupancy of sp~ or etsli. Maintenance of epac~ and etslb. Arrangement of articles and vehicles. Sign required on vehicles uesd by hu~l~tors or Vacant stalls; r~covary of r~nts; trmmfar of etsli~. Sale or purchas~ of p~rlshables generally. Sale of meat. Sale of handicraft items. Auction sales. 9§ 24-76---24-84~. Reasrved. 24-87. 24-88. 24-89, 24-90. 24-91. 24-92. 24-93. 24-94. Supp. No. Article IV. Parka Supervision and management. Violations of ortiele. Reservation of space or facilities for use by pm~pe at peflleubr time. Charsu for private use of reor~tion boildJnp or ~ CIo~ing hours. Special permit for use after ci~ing hours. Permit for parades and ~mblias. Motor v~hicles and bicycles to be o~ratsd or ~ ~ on designated roadways or ar~as. 16 1858 PUBLIC BUILDINGS, PROPERTY GENERALLY ~l 24-1.1 /4.102. Leaving motor vehicle unoccupied. Po~ting or displ~ing signs or advertisements; selling articles. Possession ~r consumption of elcoholic beverages. Injurins, disturbing, etc., ~nim~ls. Feedins fish. Pollution or unlawful use of water. Climbing trees or attachins swinp thereto; unlawful use, etc., of benches or fences; entering clnsed areas. Unlawful lx~ssion of paint. ARTICLE I. IN GENERAL Sec, 24-1. Local improvements generally. (a) Local assessments shall be made according to the provisions of the Charter and of section 15.1-241 of the Code of Virginia. (b) Local improvements may also be ordered and the cost thereof assessed and apportioned in accord with the applicable provisions of sections 15.1-239 through 15.1-249.1 of t,he Code of Virginia, and such provisions are hereby adol~ted u a part of this section to the same extent as if set o~it at length herein. (Code 1956, Tit. XVII, Ch. 4, § 1) Ch&x't~t' references--Authority of city to impose s.pecial or local ~el~ l~or Ioe~ improvements, § 2(2); rammer of nmking and eollee~ ~nd prio~lt~v of, special a~uments, ! 50. Cro~s r4~forea~e-~Po~ers and dutie~ of dir~c~r of fimm~ relative to collecti~ll of local aases~ments for public improvements, [ 2.236. See, S4-1.1. Assessments for sewer 'and aldew~lk imp!~ovements, In the absence of an agreement to the contrary, the abutting landowners shall be a~essed with one-half of the total cost of sewer and sidewalk improvements when the same shall have been ascertained, with in'reSt at the rate of six (6) percent per annum commencing thirty (30) days from tire date of the final assessment for all sewer and sidewalk improvement projects completed prior to July 1, 1971. Upon and after July 1, !97I, t~n interest rate of eight (8) percent shall apply to all suoh assessments commenced upon 'and after that date and remaining unpaid thirty (30) days from the date of final assessment. (Code 1956~ Tit. XVII, Ch. 4, § 2) 1859 §~-1.2 ROANOK~ COD~ Sec. 24-1.2. Docketing, indexing and recording as- sessments. The city clerk shall docket each assessment upon abutting landowners for streets or other public local improvements in a book or books kept for the purpose in his office and index the same in the name of the person or persons owning such land at the time the lien for such assessment accrues, and in addition, shall cause the same to be recorded and indexed in such person's name in the office of the clerk of the circuit court. (Code 1956, Tit. XVII, Ch. 4, § 4) Sec. 24-2. Control of public buildings. The public buildings of the city, except as otherwise provided by state law or city ordinance, shall be under the immediate charge and direction of the city manager. (Code 1956, Tit. VIII, Ch. 1, § 1) Sec. 24-3. Rules and regulations governing use of public buildings and faeilitieo. The city manager is hereby authorized to'promulgate' rules and regulations, not incensistent with the provk/ona ~ .thi~ chapter aml~ ~lher ordinancas of the city, goveerling th~ use of public buildin~, and facilities of tltik city,~ pro~tded, however, that the rents or charges for such use shall be as presCribed, fr~)~n time to time',"bY' the~ity ~coUncil; as provided in section 24-4. Sec. 24;4; R~ite;s a~d' el/arges for use °f~P~l~e ' ' bulldihze ~nd The rate~ ami of the publia~ M~ ~d m~k~ m~. o~ ~ ~,~ National Gu~ city,~ V~ry facility or b~i~ ~,~iM s~~;p~ f~ shall ~ city c~il... . PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-8 Sec. 24-5. Concessions. Unless otherwise specified by the council, the payment of the prescribed rates and charges for the use of city armories, athletic fields, buildings and other facilities for performances, exhibitions and other activities shall not entitle the payor to any concession privileges, and the city manager is authorized to publicly advertise for sealed bids, on a lump sum or percentage basis, for such concessions. (Code 1956, Tit. VIII, Ch. 4, § 3; Ch. 8, § 3) Sec. 24-6. Insurance on public property. The city manager shall obtain appropriate insurance coverage covering insurable properties of the city, exclusive of schools. The policies of insurance provided for herein shall be filed in the office of the city clerk. (Code 1956, Tit. VIII, Ch. 1, § 2) Sec. 24-7. Liability insurance required for lease of armory facilities. Each lessee of the facilities of the National Guard Armory or any other armory owned by the city shall procure his own liability insurance, in amounts of not less than fifty thousand dollars ($50,000.00) for one person and one hundred thousand dollars ($100,000.00) for one accident. A certificate or policy of such insurance, acceptable to the city manager, shall be deposited with the city clerk not less than twenty-four (24) hours prior to the time of the activity or performance covered. (Code 1956, Tit. VIII, Ch. 8, § 2) Sec. 24-8. Performance bond and liability insurance required for lease of Victory Stadium and Maher Field. Each lessee of Victory Stadium and Maher Field shall place with the city clerk, at least seventy-two (72) hours prior to the time of the first scheduled activity or performance, a cash bond or bond with corporate surety, in form and amount to be approved by the city manager, conditioned upon performance of the conditions imposed for 1861 § 24-8 ROANOKE CODE the leasing. Such lessee shall procure his own liability insurance, in amounts of not less than one hundred thousand dollars ($100,000.00) for one person and three hundred thousand dollars ($300,000.00) for one accident. A certificate or policy of such insurance, acceptable to the city manager, shall be deposited with the city clerk not less than seventy-two (72) hours prior to the time of the activity or performance covered. (Code 1956, Tit. VIII, Ch. 4, §§ 1, 2) Sec. 24-9. Performances, shows and other activities prohibited at Victory Stadium between certain hours. No public performance, exhibition, show, production or other scheduled activity or performance shall be conducted or be allowed to be continued within Victory Stadium between the hours of 12:00 midnight and 7:00 a.m. next following. Any willful violation of this section shall constitute a Class 4 misdemeanor. (Code 1956, Tit. VIII, Ch. 4, § 4.1) Sec. 24-10. Police protection for performances or exhibitions. Whenever special police officers or watchmen are em- ployed for duty at any public building or facility, in connection with any performance or exhibition, payment for the same shall be made by the lessee or other person responsible for such performance or exhibition; provided, however, that at all football games held at Victory Stadi~m such police protection as is deemed adequate by the city manager shall be provided by the city. (Code 1956, Tit. VIII, Ch. 4, § 4; Ch. 8, § 4) Sec. 24-11. Scalping tickets to athletic and other events held in city facility. It shall be unlawful for any person to sell or offer for sale any ticket of admission to any baseball, basketball or football game or other athletic contest or concert or performance held in a municipally owned facility, when such sale is for a price in excess of the sale price written or 1862 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-25 printed on such ticket. A violation of this section shall constitute a Class 3 misdemeanor, and each such sale shall constitute a separate offense. (Code 1956, Tit. XXIII, Ch. 6, § 25) State law reference~Authority for above section, Code of VirelniA~ § 15.1-29.3. Secs. 24-12--24-22. Reserved. ARTICLE II. CIVIC CENTER* DIVISION 1. GENERALLY Sec. 24-23. Definition. As used in this article, the term "civic center" shall mean the Roanoke Civic Center, including its auditori,~m? colise~m and exhibit hall and their related facilities, and the grounds appurtenant thereto. Sec. 24-24. General responsibilities of manager. Subject to the supervision and control of the city manager, the civic center manager appointed by the city manager shall be responsible for the operation and administration of all of the functions of the civic center. He shall be responsible for the collection of all rents, fees, charges, receipts, revenues and other funds accruing to the city from the operation of the civic center, and for payment and report thereof to the city treasurer and to the director of Finance as and in the manner provided in section 24-27. (Code 1956, Tit. VIH, Ch. 9, § 4; Ord. No. 22961, 6-1-76; Ord. No. 22963, 6-1-76; Ord. No. 23540~ 3-28-77) Sec. 24-25. Fidelity bOnds for certain porsonneL The manager of the civic center, the assistant manager of the civic center, the box office manager and the head boz *Charter reference--Authority of city to own, manage, operate, etc., a civic center, J 2(7.1). Croo~ reference--Exemption of certein activities at civic center from I/cern taxe~, J 19-16. 8upp. No. lO 1863 § 24-2~ ROANOKE COD~- office cashier shall provide, and shall keep in effect at all times in the office of the city clerk, fidelity bonds, written by a surety company authorized to do business in the state and approved as a surety by the director of finance, payable to the city in penalties of not less than two hundred fifty thousand dollars ($250,000.00) each, conditioned upon faithful performance of their respective duties under this article and faithful accounting for all funds coming into their hands under this article, the form of such bonds to be approved by the city attorney. (Ord. No. 22961, 6-1-76; Ord. No. 23979, 1-9-78; Ord. No. 24006, § 2, 1-23-78) Charter reference--Authority to r~quir~ bonds, § 60. Cross reference--Bonds for officer~ and employ~ generally, ~ 2-30. Sec. 24-26. Rates for use and (a) The Roanoke Civic Center Commission shall establish from time to time a current schedule of fees, rentals, rates and charges to be required for use of the civic center and, subject 'to such limits and guidelines as the commission may impose, authorize the civic center m-nager to vary the fees, rentals, ratss and ch,~ges in certain i~tances for traveling, for-profit productions, including, without limi~tiOlX, concerts, pis0rs and sport~ events, circuses or ice show~. (b) A ca~b d~0esit'or certified'check equal to one-half of the rent shall be deposited with' the city one year in a~_ n__~ of the event or with the r~xt~n of the contract, whichever is later. The balance of the rent shall be paid upon com~.letion of the event unless otherwise agreed. In the case of a public ticket sale where monies from ticket sales Oh':deposit in the civic center box office would equal or exceed the balance of the rent,~ t~t. reqU~ment may be waived bythe 'Civic c~ter m~a.~er. In neg~0tiating con- tracts for use of the civic center, the civic center manager may, with the ~~ of the city m~er ~f°r~ cause appearil~::.t~ ~..e-d.~.. ma~allar, r~ltlce, waive or aularge any of the requirements set.f~J~. ~ i~ this subparagraph. (c) With the advice and prior written approval of the city man- ager, the civic ~nter zl~nager may x~teso~ate cofl~x~ct~ fo~~ the use of the. ci ,'c centsr in : where the. ity wi! l Co SP° or events with another party. ~ Supp. No. 10 1864 PUBLIC BUILDING, PROPERTY GENERAI.I.Y § 24.26 (d) Civic, religious and charitable organizations, the incomes of which are exempt from taxation under the United States In- ternal Revenue Cede, may apply to the civic center manager for a civic rate, as established by the Roanoke Civic Center Commis- sion, to conduct a nonprofit activity at the civic center, where the proceeds do not accrue to the benefit of an individual, business or commercial entity. The civic center manager may authorize the use of a civic rate, where such rate has been established by the Roanoke Civic Center Commission. (Cede 1956, Tit. VIII, Ch. 9, § 5; Ord. No. 23240, 9-15-76; Ord. No. 26485, § 1, 5-2-83) No. 10 1864.1 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-28 Sec. 24-27. Special revolving bank checking account for receipts. (a) All cash, including all payments made by check, received from the operation of the civic center, except concession commission receipts, shall be caused to be deposited by the manager of the civic center, intact, on the banking day following the date of receipt, in a special revolving bank checking account maintained in the name of the City of Roanoke Civic Center in such bank in the city as is designated in writing by the director of finance. (b) Withdrawals from the b~ni~ checking account provided for in this section shall be made by check signed by any two (2) of the following: The civic center manager, the assistant civic center manager, the box office m~-Ager or the head box office cashier. Every withdrawal from such account shall be supported by writ- ten authorization from the civic center mAnAger or the assistant civic center manager, on which authorization is clearly stated the p~ of the withdrawal. No withdrawal shall be made from such account for the payment of expenses for the direct employ- ment of personnel or employees. Withdrawal from such account shall only be made for one or more of the following purposes: (1) P..~nses for a lessee ,~,~!~ the applicable permit agreement. (2) ,a, dmlssions taxes received from ticket sales. (3) Ticket sales proceeds to the lessee, net of rent And expenses. (4) Rental revenue payable to the city treasurer. (5) Deposit of excess cash over and above operating require- ments in a q~s~ified public depository hnder the general law of the commonwealth. (6) Payment of parking lot oporatio,~AI expenses. (Ord. No. 22961, 6-1-76; Ord. No. 23979, 1-{L78; Ord. No. 24006, § 2, 1-23-78; Ord. No. 27033, § 1, 5-21-84) Sec. 24-28. Refund of receipta from advance ticket aales. (a) Notwithstanding any other provision of this article to the contrary, whenever it may appear, in the judlGment of 1865 ROANOKE CODE the civic center manager or assistant civic center manager, to be necessary and in the best interests of the city, for the protection of public property from probable imminent danger, immediate cash refunds, from advance ticket sales receipts in the city's hands, may be made to the holders of such tickets, upon certification in writing of the facts making such immediate refund necessary being made by the civic center manager or assistant civic center manager to the city manager. Such refunds shall be accomplished by withdrawal of funds on hand or on deposit in the special account provided for in section 24-27 by check signed by two (2) of the following: The civic center manager, the assistant civic center manager or the box office manager. Such check shall be drawn payable to the order of the civic center manager or his designated assistant, both of whom shall be under bond, with corporate surety, which bond, in all instances, must be equal to or in exces8 of the face amount of any such check. (b) In the event of any refund pursuant to this section, the civic center manager shall make adequate provision for the protection of cash funds from the time of their withdrawal until their disbursement or return to the special account provided for in section 24-27, and he shall make full and adequate report and accounting of the use of such funds and of tickets refUnded upon such form of report a8 may be prescribed by the director of finance. (Code 1956, Tit. VIII, Ch. 9, § 4; Ord. No. 22961, 6-1-76; Ord. No. 22963, 6-1-76; Ord. No. 23540, 3-28-77) Sec. 24-29. Authority of manager, assistant manager and box office m*nager to cash checks. Notwithstanding any other provision of this Code to the contrary, the manager of the civic center, smistant manager or box office manager shall be authorized to cash checks on which the city is the payor and a person with whom the city has a written ~grsement for the purpose of presentin_~ a show, play, concert, exhibition, performance, sports event or other entertainment at the civic center is the payee, when 8o requested by the payee during such hours as the banks of ~ I~ 12 1866 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-31 the city are not open for the conduct of business with the general public. (Code 1956, Tit. VIII, Ch. 9, § 4; Ord. No. 22961, 6-1-76; Ord. No. 22963, 6-1-76; Ord. No. 23540, 3-28-77) Cross reference--General prohibition against officers and employees cashing checks, § 2-173. Sec. 24-30. Record of and settlement of accounts for rental events. (a) A separate record for each rental event held at the civic center shall be maintained by the civic center manager, on which shall be shown each cash receipt, each cash disbursement and the net balance attributable to such event. The total of the net balances of all such records shall, at all times, equal the cash in the bank account referred to in section 24-27. (b) After the use of the civic center for an event, all outstanding items from such event, other than city-spon- sored events, shall be settled as expeditiously as possible under the circumstances of that event; and the net rental proceeds shall be remitted, by check drawn on the account referred to in section 24-27, to the city treasurer in accordance with the procedures established by section 2-172 of this Code and as provided in section 24-27(b) of this article. (Ord. No. 22961, 6-1-76; Ord. No. 23979, 1-9-78; Ord. No. 24006, § 2, 1-23-78; Ord. No. 25292, § 1, 9-2-80) $ Sec. 24-31. City-sponsored events. (a) For the purpose of furthering the best interests of the public and to lead to greater use of the civic center facilities, the civic center manager, with the written approval of the city manager given in each instance, is hereby authorized to arrange for or engage shows, plays, exhibitions, per- formances and other entertainments from which the city may derive income and, in so doing, expend such city funds as are appropriated for the purpose of promoting such activities and bringing notice to the public of such activities; and he may, with the written approval of the city manager, enter into written agreements on behalf of the city engaging persons or firms to bring entertainment to such Supp. No. 2 1867 § 24-31 ROANOKE CODE facilities, and may cause to be paid to such persons, in advance or out of proceeds to be derived from such engagement, public funds expressly appropriated for that purpose; and he may, with the city manager's written approval, guarantee to such persons minimum sums to be payable by the city to such persons for future performances; provided, however, that at no time shall the aggregate amount of all such outstanding guarantees, advance payments and other monetary obligations be more than such sum as has been fixed by the council. (b) For all events sponsored by the city, the city manager shall fix admission charges. (Code 1956, Tit. VIII, Ch. 9, § 6) Sec. 24-32. Possession, consumption or sale of alco- holic beverages. (a) No beer, wine, spirits or other alcoholic beverage shall be possessed, carried or consumed upon or in the civic center or the grounds appurtenant thereto, except in accordance with title 4 of the Code of Virginia, and unless permission to possess or consume such alcoholic beverage is included in the executed permit agreement for the use of the civic center. (b) The city manager may limit the possession and consumption of alcoholic beverages upon or in the civic center and grounds adjacent thereto, to the methods permitted by subparagraph (j) of section 4-89 of the Code of Virginia, by requiring the iss~,Ance of a banquet license from the Virginia Alcoholic Beverage Control Board therefor; and the city manager may reserve, in any permit agreement, the right to obtain such banquet license in the name of the city, in which case the cost thereof shall be added to the tenant's rent. (c) The city manager may require that the sale or dispensing of any beer and wine and the dispensing of spirits or other alcoholic beverages, and all matters incidental thereto, including, but not limited to, provision and distribution of ice, nonalcoholic beverages, and glasses, be accomplished by personnel employed by the city for the 8upp. No. 2 1868 PUBLIC BUILDINGS, PROPERTY GENERALLY ~ 2448.1 purpose and with city-owned equipment, and when so required, the cost of the same shall be added to the tenant's rent. (Code 1956, Tit. VIII, Ch. 9, § 7) Secs. 24-33~24-43. Reserved. DIVISION 2. CIVIC CENTER COMMISSION* Sec. 24-44. Definition. As used in this division, the word "commission" sb_sl! mean the Roanoke Civic Center Commission established by this division. Sec. 24-45. Established; composition; name. There is hereby established a commission, to be composed of seven (7) members and to be known as the Roanoke Civic Center Commission. (Ord. No. 23240, 9-15-76) Charter r®fer®ncs~Authority of council to provids for boards and commissions, § 63. Sec. 24-45.1. Council member liaison. (a) In addition to the seven (7) members of the commis- sion appointed pursuant to this division, the council shall appoint one member of council to ser? .as a nonvoting liaison between the council and the comm~mnon. The term of such council member liaison skmll be for three (3) years commencing on September 1, 1980. Thereafter, all terms shah be for a period of three (3) years; provided, however, vacancies in this position shall be f'ffied by the council for the Unexp.~. ed portion of the term to ~ filled. If the council member lialson's tenure on council should cease, the position shall be declared vacant and the unexpired t~m shall be filled by the council. (b) The council member liaison shall receive notice of all meetings of the commission and sb~il be entitled to participate in all of the deliberations and work of this body. (Ord. No. 25294, J 1, 9-2-80) *Cross referenee--Boords and commimions fonor~lly, J 2-280'~t seq. Supp. No. 10 1869 24-46 ROANOKE CODE Sec. 24-46. Appointment and terms of members. (a) The members of the commission shall be appointed by the council. (b) The commission shall be and is hereby constituted as a continuing body and the members of the commission heretofore or hereafter appointed shall continue in office until their successors are duly appointed and qualify. The terms of office of three (3) members of the commission shall be for three (3) years from and after October 1, 1978, the terms of office for three (3) members of the commission shall be for one year from and after October 1, 1978, and the term of office for one member of the commission shall be for two (2) years from and after October 1, 1978; and thereafter all terms shall be for a period of three (3) years; provided, however, vacancies on the commission shaH be filled by the council for the unexpired portion of the term to be filled. (Ord. No. 23240, 9-15-76; Ord. No. 24367, 10-9-78) Sec. 24-4'/. Election of chairman and vice-chairman. A chairman and vice-chairman of the commission shall be elected from the members thereof by such members. (Ord. No. 23240, 9-15o76) Sec. 24-48. Authority. (a) The commission shall be the. policy making arm of the civic center and, to that end, is hereby delegated end s~%dl exercise authority in the following matters: (1) Within funds provided by appropriation, to :deeid~ upon, direct 'and implement the promotion ~ld the advertising policy.of'the civic canter. (2) To establish fees, rentals, rates and charges as provided for in section 24-26(a) of this Code. (3) To determine all matters relating to the l~rking of vehicles at the civic canter, end to fees or ch~ges made therefor. (4) To decide upon the city's award of cont~-c~ or agreemente providing for catering and product ~ Supp. No. 10 1870 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-62 (5) concessions at the civic center, such decision to be reported to the city council for implementation; provided, however, that the rights of no party to any outstanding or existing contract or agreement hereto- fore executed shall be abridged or impaired. To determine and establish matters of policy with reference to ticket sales. (b) Authority in matters not hereinabove specifically delegated to the commission shall remain with the city council or the city manager, as the case may be. (Ord. No. 23240, 9-15-76; Ord. No. 26485, § 1, 5-2-83) Sec. 24-49. Reservation of council rights. The council hereby reserves the right to terminate any appointment to the commission, to expand or to restrict the membership of the commission, or to change the nature of or to terminate the same at any time. (Ord. No. 23240, 9-15-76) Secs. 24-50--24-60. Reserved. ARTICLE III. PUBLIC MARKETS* Sec. 24-61. Violations of article. Except as otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. Sec. 24-62. Definition. As used in this article, the term "market" or "market area" shall mean and include all market spaces designated in accord with section 24~3 and all streets which have been set aside for market purposes. (Ord. No. 28099, § 1, 4-28-86) *Charter reference--Authority of city to establish markets, § 2(7). Cross referance--Prohibition against dogs in market building or on market square, § 6-24. Supp. No. 16 1871 ROANOKE CODE §24-63 Sec. 24-63. Where held. (a) Public markets shall be held in the market building and on the streets designated in this section. (b) The portion of the market lying north of Church Avenue, west of Second Street, south of Salem Avenue and east of and including Wall Street shall be marked off into market spaces. The spaces so marked off are hereby set aside for the producers of farm and domestic products, to sell their produce. (c) In the event there are more applicants for market spaces than there are market spaces available, the city manager may authorize the assignment of additional spaces on some street that has been set aside for market purposes. (Code 1956, Tit. IX, Ch. 2, § 1) Sec. 24-64. Operating hours. Hours for the operation of the market shall be from 5:00 a.m. to 6:30 p.m., Monday through Saturday. The market areas shall be closed on Sundays. (Code 1956, Tit. IX, Ch. 2, § 1; Ord. No. 23357, 11-8-76) Sec. 24-65. Reserved. Editor's note--Ord. No. 28099, § 2, adopted Apr. 28, 1986, repealed § 24-65, regarding entering the market building outside market hours, as derived from Code 1956, Tit. IX, Ch. 2, § 11. Sec. 24-66. Curb spaces generally. (a) The owners of vehicles from which produce or other commodities are to be offered for sale on the curb at the market shall, prior to offering produce or other commodities for sale, secure a permit from the city manager. Such permit shall be issued on a monthly basis by contract or on a daily basis by payment of curbage fees prescribed by the city council. (b) Any person having entered a monthly contract with the city for any curb space at the market shall have the Supp. No. 16 1872 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-67 right to use such space at any time during the term of the contract; provided however, that should such person not occupy his space on any morning, the city manager may leas6 the space to any other person for such day. Should the monthly lessee appear at a later time on such day, the daily lessee shall vacate the premises. (c) All daily rentals of curb spaces at the market shall be at such spaces as are assigned by the city manager. Such spaces shall be assigned on a first come, first serve basis during the hours that the office of the market is open. Sec. 24-67. License prerequisite to occupancy of space or stall. No person shall occupy any space or stall at the market for the sale of any articles or things for which a license tax is required by chapter 19 of this Code, until he has obtained a license for such privilege from the commissioner of the revenue. (Code 1956, Tit. IX, Ch. 2, § 10) Supp. No. 16 1872.1 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-71 Sec. 24-68. Maintenance of spaces and stalls. Each occupant of a market space or stall shall, before leaving the same at the close of the business day, clean the space or stall and remove therefrom all garbage, trash, refuse and other waste material. (Code 1956, Tit. IX, Ch. 2, § 6) Cross reference--Garbage and refuse, Ch. 14. Sec. 24-69. Arrangement of articles and vehicles. The city manager shall direct the arrangement and position of all articles brought to the market for sale or display and of all vehicles used at the market. It shall be unlawful for any person to fail or refuse to obey any such directions. (Code 1956, Tit. IX, Ch. 1, § 5) Sec. 24-70, Sign required on vehicles used by huck- sters or peddlers. Every huckster or peddler shall display a sign on each vehicle used for the sale of articles at the market, in letters not less than four (4) inches high, showing the name of the person owning such vehicle, together with the word "Peddler." (Code 1956, Tit. IX, Ch. 2, § 1; Ord. No. 23357, 11-8-76) Sec. 24-71. Vacant stalls; recovery of rents; transfer of stalls. If the rental payments for a stall at the market are in arrears for more than ten (10) days, or if for any cause there shall be a failure, for thirty (30) days, to supply the stall with articles for sale, for which it was rented, the city manager may declare the stall vacant. In every such case, and in every other case where a stall may become vacant, the city manager, after posting a notice on the front of the market house for at least three (3) days, shall rerent the stall for the remainder of the term for which it was theretofore rented, to the highest bidder, and he shall also proceed to recover the rent due by the renter who has forfeited his right to the stall. No renter of a stall in the market shall be permitted to sublet or transfer the same 1873 §24-71 ROANOKE CODE without the consent of the city manager first obtained. (Code 1956, Tit. IX, Ch. 2, § 4) Sec. 24-72. Sale or purchase of perishables gener- ally. (a) No person, except the producer or a licensed peddler of the same shall sell or offer for sale any vegetables, fruits, eggs, butter or other family supplies of a perishable nature at the market. No person, including producers and licensed peddlers, shall sell any such supplies at any place which is outside the market area but within five (5) blocks thereof. (b) No person shall buy any vegetables, fruits, eggs, butter or other family supplies of a perishable nature at the market and sell or offer the same for sale thereon, it being the intention of this provision to prevent regrading at the market. (c) This section shall not apply or be construed to apply to or prevent any regularly licensed merchant having a fixed and designated place of business anywhere in the city from purchasing such supplies and selling or offering the same for sale at his place of business. (Code 1956, Tit. IX, Ch. 2, § 8) Sec. 24-73. Sale of meat. The sale of any meat, meat products and poultry or poultry products must conform to all inspection laws of the state or the United States, whichever is applicable, and all health regulations must be complied with as to cooling, handling and packaging. · Sec. 24-74. Sale of handicraft items. Persons engaged in handicraft skills may sell those handicraft items which they have fashioned in spaces on the city market otherwise vacant and not used by producers, hucksters or peddlers, and as designated by the city manager. Each person selling handicraft items on the city market, in addition to space rental charges, shall pay the appropriate city license tax and, upon the request of the 1874 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-89 city manager shall certify, by a sworn affidavit, that those handicraft items to be sold were fashioned by such person. (Ord. No. 23357, 11-8-76) Sec. 24-75. Auction sales. No person shall sell, at public auction, any article or material at the market, without having first obtained a permit from the city manager. (Code 1956, Tit. IX, Ch. 2, § 8) Sees. 24-76m24-86. Reserved. ARTICLE IV. PARKS* Sec. 24-87. Supervision and management. All the public parks of the city shall be under the supervision and management of the city manager, and it shall be his duty to see that such parks are kept in good condition. The city manager shall make all necessary rules and regulations for the conduct and use of such parks, not inconsistent with the provisions of this article and other ordinances of the city, and persons using such parks shall at all times conform to and obey the same. (Code 1956, Tit. VIII, Ch. 3, § 2) Sec. 24-88. Violations of article. Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. Sec. 24-89. Reservation of space or facilities for use by groups at particular time. Any person desiring to have any space or facility in any public park reserved for use by a particular group of persons *Charter reference~Authority of city ~o establish and maintain parks, playgrounds and recreational facilities, § 2(12, 12.3). Cross reference--Reservation of land in subdiv/sions for parks and playgrounds, § 31-123. State law reference--Authority of city to establish and maintain parks and playgrounds and system of public recreation, Code of Virginia, §§ 15.1-271, 15.1-272. 1875 § 24-89 ROANOKE CODE during a particular time shall secure written permission from the city manager. (Code 1956, Tit. VIII, Ch. 3, § 13) Sec. 24-90. Charges for private use of recreation buildings or facilities. (a) Persons using recreation buildings, centers or facilities of the city at any time for private parties, weddings, showers or other private uses, other than at such times when such places are normally scheduled to be open, shall reimburse the city for the full costs of overtime and fringe benefits of all employees of the city necessitated by such use, plus costs of necessary custodial services, such reimbursement to be made in accordance with the current schedule of pay and custodial service rates established by the city manager as of July 1 of each year. Such persons shall also pay such additional specific charge as is prescribed by the city council. (b) If the use of any building, center or facility pursuant to subsection (a) above is under the auspices of a purely charitable, educational or recreational organization, and no charge is made for admission, and no collection is taken among persons in attendance, the city manager may exempt such organization from payment of such charges. (Code 1956, Tit. VIII, Ch. 3, § 15) Sec. 24-91. Closing hours. (a) The public parks of the city shall be closed between the hours of 11:00 p.m. and 6:00 a.m., daily, and unless otherwise specifically provided, it shall be unlawful for any person to enter or remain in any such park during those hours. (b) Subsection (a) of this section shall not prohibit passing through a public park, on a public thoroughfare, in a vehicle, without stopping, during the hours the parks are closed. (c) Any caretaker or authorized persons residing on public park premises shall be excepted from subsection (a) of this 1876 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-92 section only for their respective residences and adjacent areas and while traveling to and from their residences. (d) Subsection (a) of this section shall not prevent any police, health or fire officer or authorized caretaker or authorized maintenance personnel from entering into a public park at any time in discharge of their official duties. (e) Any person who is attending an event for which a special park use permit has been issued under section 24-92 shall be permitted in the public parks past 11:00 p.m. only during the dates and hours and in the public park area specified by the terms of such permit. (Code 1956, Tit. VIII, Ch. 3, § 16) Sec. 24-92. Special permit for use after closing hours. (a) Any person who wishes to use any portion of a public park for any activity or use during the hours the parks are closed shall apply to the city manager for a special park use permit. The application for such permit shall state: (1) The name and address of the applicant. (2) The purpose for which the permit is requested. (3) The day and hours for which the permit is required. (4) The park or portion thereof for which the permit is requested. (5) An estimate of the anticipated attendance. (6) Any other information which the city manager shall find reasonably necessary to a fair determination as to whether a special park use permit should be issued hereunder. (b) The city manager shall issue a special park use permit hereunder when he finds: (1) That the proposed activity or use is one that could not reasonably be conducted during the hours the parks are open. (2) That the proposed activity or use will not unreason- ably interfere with or detract from the promotion of public health, welfare, safety and recreation. 1877 § 24-92 ROANOKE CODE (3) That the proposed activity or use is not reasonably anticipated to incite or result in violence, crime or disorderly conduct. (4) That the proposed activity or use is not reasonably expected to create excessive noise or otherwise to be offensive to residences adjacent to the park to be used. (5) That the proposed activity or use will not entail unusual, extraordinary or burdensome expense or police operation by the city. (c) The city manager may impose reasonable conditions in granting a special park use permit under this section. (Code 1956, Tit. VIII, Ch. 3, § 17) Sec. 24-93. Permit for parades and assemblies. No person shall organize, conduct or participate in any parade, procession, assembly or gathering of persons or vehicles in any city park, unless a permit authorizing such activity has been issued by the city manager. Such permit shall be applied for and issued in the manner prescribed in article V of chapter 30 of this Code and all provisions of such article are hereby incorporated as a part of this section to the same extent as if set out herein at length. Sec. 24-94. Motor vehicles and bicycles to be operat- ed or ridden only on designated roadways or areas. (a) It shall be unlawful for any person to drive or operate any motor vehicle, or operate or ride any bicycle or tricycle in any public park, except over the roadways and other areas designated for such use. (b) This section shall not apply to the operation of city-owned vehicles for city purposes. (Code 1956, Tit. VIII, Ch. 3, § 14) CroJ~ ref®renc®--Motor vehicles and traffic, Ch. 20. Sec. 24-95. Leaving motor vehicle unoccupied. (a) It shall be unlawful for any person to leave any motor vehicle unoccupied in any public park, ,lnless the vehicle is 1878 PUBLIC BUILDINGS, PROPERTY GENERALLY § 24-98 safely parked in an area expressly designated, by signs, for the purpose, or to leave any such vehicle parked and unoccupied in any public park, unless the operator thereof remains within the confines of such park. (b) The provision of this section shall not apply to the parking of city-owned vehicles within public parks, when the same are being used for municipal purposes. (Code 1956, Tit. VIII, Ch. 3, § 14) Sec. 24-96. Posting or displaying signs or advertise- ments; selling articles. It shall be unlawful for any person to post or display any sign, banner or advertisement, set up any booth or table for the sale of any article whatever, or offer anything for sale, in any public park, without first obtaining a permit so to do from the city manager. Such permit shall designate the time and place for such activity and it shall be unlawful for the permit holder, or his agent or repreasntative, to deviate therefrom. (Code 1956, Tit. VIII, Ch. 3, § 5) /~ec. 24-97. Possession or consumption of alcoholic beverages. If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in hi~possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall I~guilty of a Class 4 misde- meanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in Section 4-2(2), Code of Vir- ginia (1950), as amended. (Code 1956, Tit. VIH, Ch. 3 § 7; Ord. No. 26163, § 1, 7-26-82) · ~ ~ .~ See_ 24 9& lnjuring,~dlsturbing, ete,~'animals. It shalP.be*ttnl~vful for any person to injure, molest or disturb any animal kept within any city park~ for tim entertainmant, and instruction of the public or for any other purpose, or t~-give or offer or attempt to giva to any such animal .t~bacco~or other obnoxious articles. (Code 1956, Tit. VIII, Ch. 3,~ § 8) Cross r®fer®nee--Animals and fowl, Ch. 6. 1879 ROANOKE CODE See. 24-99. Feeding fish. It shall be unlawful for any person to feed the fish in any lake, pond or other body of water in any city park. (Code 1956, Tit. VIII, Ch. 3, § 8) Sec. 24-100. Pollution or unlawful use of water. (a) It shall be unlawful for any person to foul or pollute, in any manner, any spring or watercourse in a city park, or bathe or wash in any lake, pond, spring or fountain located therein, or start the water flowing from any water supply or spigot located therein and not specifically fixed as a watering place for people or animals. (b) This section shall not apply to swimming or wading in pools provided for such purpose. (Code 1956, Tit. VIII, Ch. 3, § 9) Sec. 24-101. Climbing trees or attaching swings thereto; unlawful use, etc~ of benches or fences; entering closed areas. It shall be unlawful for any person to climb a tree or attach a swing or hammock to any tree, or remove or change any bench or s~at from its place, in any public park, or to lie down upon any bench in any such park, or to ~o within or upon any enelosures, lawns, slopes or places where there is a sigu prohibiting ingress, or to stand or sit upon' any guard fences, enclosures or other fences, in any such park. (Code 1956, Tit. VIII, Ch. 3, § 10) Sec. 24-102. Unlawful possession of paint. (a) It shall be ~]nlawful for any person to b.~ng any~peint int~ any public park 'of th~ 'city in any type of container, ihcluding spray paint,containers,, except with the permiss/on of ae:at the direction of the city numager. :, · (b) The term "paint~' as hoed in this section shall'mead any. substance or mixture or substances, liquid, powd~ or paste~ in- tended for use as a protective or decorative coatln~ on such thin.ns as buildings, fences or structures. It shall not include artist col: ors. (Ord. No. 26189, 9-7-82) ~:' [The next p~g® is 1931] ~N~S 1880 David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 June 7, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As Chairperson of City Council's Personnel Committee, I am requesting an 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. Sincerely, / Chairpers!,~'Cit~c~u 'n~il Personnel Committee BTFjr:se Pending Items from February 10, 1992 through May 24, 1993 Referral Date Referred To Item 2/10/92 9/9/92 10/12/92 1/4/93 3/8/93 City Attorney Director of Finance City Planning Commission City Manager City Attorney Legislative Affairs Committee Request to study the matter of regulating the sale of "look- alike" weapons. 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. Remarks of Mr. Walker Nelms with regard to a proposed animal control ordinance. (See report of City Attorney under date of January 11, 1993.) Concerns expressed by Council with regard to more stringent State law regarding bingo regulations. Pending Items from February 10, 1992 through May 24, 1993 Referral Date Referred To Item 3/22/93 3/22/93 4/5/93 4/26/93 City Manager City Manager City Clerk City Attorney William White, Sr. Kit B. Kiser M. Craig Sluss Request of Virginia Amateur Sports, Inc., for waiver of concession rights to allow Domino's Pizza to sell food and beverages during sports activities of the Commonwealth Games of Virginia to be held at the River's Edge Sports Complex and Victory Stadium. Matter of certain enhancements to the Council Chamber. Request of the National Association for a Balanced Federal System for adoption of a measure in support of the Article V Proposal of the Council of State Governments to restore the ability of the State to initiate amendments without fear of a "runaway" convention. Bids for construction of Carvins Cove Phase II Water Improvements, Contract C-2. Pending Items from February 10, 1992 through May 24, 1993 Referral Date Referred To Item 4/26/93 Commissioner of Revenue City Treasurer City Manager Acting Director of Finance Matter of developing a procedure whereby property owners may pay their real estate taxes by installments. 5/3/93 City Manager Matter of developing a railside linear park along the main line of the Norfolk Southern tracks. 5/10/93 William White, Sr., Chairperson Kit B. Kiser M. Craig Sluss Bids for construction of Carvins Cove Phase II Water Improvements, Contract C-1. 5/10/93 Legislative Affairs Committee City Attorney Newspaper articles with regard to the progress made by the City of Charlotte, North Carolina, compared to the City of Richmond, Virginia, over the last 25 years. 5/17/93 William White, Sr., Chairperson James D. Ritchie, Sr. George C. Snead, Jr. Bids for air conditioning and related work at the Gainsboro Library, 15 Patton Avenue, N. W. 5/24/93 William White, Sr., Chairperson Robert F. Hyatt Corinne B. Gott Bids for interior painting at the City Nursing Home, 4365 Coyner Springs Road. 3 Pending Items from February 10, 1992 through May 24, 1993 Referral Date Referred To Item 5/24/93 5/24/93 William White, Sr., Chairperson William F. Clark Lynnis B. Vernon William White, Sr., Chairperson Kit B. Kiser M. Craig Sluss Bids for construction of the Ma_her Field parking lot. Bids for construction of Carvins Cove Phase II Water Improvements, Contract B-2. 4 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Poaom 456 Roanoke, Vir ~inia 2401 I Telephone: ('/03) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #15-110-200 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: This is to advise you that Gilbert E. Butler, Jr., has qualified as a member of the City Planning Commission, to fill the unexpired term of John B. Ferguson, resigned, ending December 31, 1994. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. John R. Marlles, Agent, City Planning Commission Ms. Martha P. Franklin, Secretary, City Planning Commission 0-2 th Aff' ' ~ ~' ~'- Oa or ~rmahon:~o ~ic!~ Sea~ ol Virginia, Oit~/ o] Roanoke, ~o .~it: I, Gilbert E. Butler, Jr. '93 HAY24 P2:43 , do solemnly swear (or affirm) that I will suppo~ the Con~itution of the United S~tes, and the Constitution of the State ~ V~ginia,~ndthat will ~ith~lly and impa~ially di~harge and pefform ~lthe duties incumbent upon me as member of the City Planning Commission, to fill the unexpired term of John B. Ferguson, resigned, ending December 31, 1994. according to the best of my ability. So help me God. Subscribed and sworn to before me, this MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, 5.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #15-110-304 Mr. Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This is to advise you that J. Stephen Shepard has qualified as a member of the Youth Services Citizen Board, for a term of three years ending May 31, 1996. Sincerely, ~L~a,c~--' Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Ms. Marion V. Crenshaw, Youth Planner 0-2 Oath or Affirmation of State o] ]rirginla, Oit~l o] Roanoke, to.~dt: '93 JUN -3 ~11:02 I, J. Stephen Sheoard , do solemnly swear (or ~B.m) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and per[otto all thc duties incumbent upon me as a member of the Youth Services Citizen Board, for a term of three years ending May 31, 1996. according to the best of my ability. So help me God. ~ __ -- ~ Subscribed and sworn to before me, this 3 ~~.~f~'~'~ ~~/~'_~/~'~'_~.. Deputy Clerk MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #60-467 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31490-060793 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, providing for appropriation of $243,881.00 from the Capital Maintenance and Equipment Replacement Fund, to be used for various school projects and purchases. Ordinance No. 31490-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tota, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 1993. No. 31490-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Facilities Capital Outlay (1-7) ................................ $ 2,385,853 2,385,853 Fund Bal~O Capital Maintenance & Equipment Replacement Program - School Unappropriated (8) .................. $ -0- 1) ADDT - Machinery and Equipment $ 25,000 2) ADDT - Machinery and Equipment 42,000 3) Rep1 - Furniture and Fixtures 24,905 4) Repl - Other Capital Outlays (001-060-6004-6681-0809) 9,500 5) Repl - Other Capital Outlays (001-060-6004-6682-0809) 61,221 6) ADDT - Other Capital Outlays (001-060-6004-6682-0829) 29,382 (001-060-6004-6315-0821) (001-060-6004-6318-0821) (001-060-6004-6681-0802) 7) ADDT - Motor Vehicles and Equipment 8) CMERP - School (001-060-6004-6683-0824) $ 51,873 (001-3324) (243,881) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. pEPARTMENT OF FINANCE CITY OF ROANOKE. VA, (:IT'," June 7, 1993 '93 JUN -1 P4:36 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Acting Director of Finance SUBJECT: School Board Request for the Appropriation of CMERP Funds I have reviewed the attached request of the School Board to appropriate $243,881 from the Capital Maintenance and Equipment Replacement Fund. These funds are to be used to provide computer systems for the secondary guidance counselors, library circulation systems for the middle schools, division-wide furniture replacement, the renovation of tennis courts and the purchase of bleachers at William Fleming High School, the expansion of the parking lot at Patrick Henry High School, and the purchase of four maintenance vehicles. This will appropriate the remaining balance of the School Board's allotment of $1,285,089 for CMERP for fiscal year 1993. I recommend that you concur with this request of the School Board. /Acting Director of Finance JDG/pac attachment ,~l~j~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis fRoanoke City School Board C. Nelson Harris Martha W. O'Neil Clubert G. Poff James M. Turner, Jr. Frank P. Tota, Superintendent r, 'T'R'i~IJ'¢, [~lley,, , Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-238t · Fax: 703-98t-2951 May19, 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 May 18, 1993 meeting, the Board respectfully requests City Council to appropriate $243,881.00 from the Capital Maintenance and Equipment Replacement Fund. The funds will be used to provide computer systems for secondary guidance counselors, library circulation systems for the middle schools, division-wide furniture replacement, the renovation of tennis courts and the purchase of bleachers at William Fleming High School, the expansion of the parking lot at Patrick Henry High School, and the purchase of four maintenance vehicles. The Board appreciates the approval of this request. Sincerely, Richard L Kelley Executive for Business Affairs and Clerk of the Board rg CC: Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Ms. Ila Farriss (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request V 001-060-6004-6315-0821 001-060-6004-6318-0821 001-060-6004-6681-0802 001-060-6004-6681-0809 001-060-6004-6682-0809 001-060-6004-6682-0829 001-060-6004-6683-0824 Appropriation Unit ZD1 Secondary Guidance Computer Systems $ Middle School Library Circulation Systems Classroom Furniture William Fleming Tennis Court Renovation William Fleming Bleachers Patrick Henry Parking Lot Maintenance Vehicles 25,000.00 42,000.00 24,905.00 9,500.00 61,221.00 29,382.00 51,873.00 $ 243,881.00 The above appropriation represents the fifth and final request for proceeds from the 1992-93 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used to provide computer systems to be used by secondary guidance counselors, library circulation systems for the middle schools, division wide furniture replacement, the renovation of tennis courts and the purchase of bleachers at William Fleming High School, the expansion of the parking lot at Patrick Henry High School, and the purchase of four maintenance vehicles. No unappropriated balance remains in the Capital Maintenance and Equipment Replacement Fund after this request. May 18, 1993 MARY F. PAI~KF~I~ City Clerk, CMC/AT~I~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 Deputy City Clerk June 10, 1993 File #60-467 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31491-060793 amending and reordaining certain sections of the 1992-93 Grant Fund Appropriations, providing for the close out of 31 completed grants, resulting in a net decrease of $272,104.00. Ordinance No. 31491- 060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 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 CODNCIL OF THE CITY OF RO~'O~E, VIRGINIA The 7th day of June, 1993. No. 31491-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Education Chapter I Winter 124-92-1 (1) ..................... Chapter I Carryover 124-92-3 (2) .................. Vocational Education Teen Mothers 1992 (3) ........ Title II-A LPN (4) ................................ Alternative Education 1991-92 (5) ................. Summer Youth Employment (6) ....................... Summer Youth Education (7) ........................ Educational Interpreter Training (8) .............. Child Development Clinic 1991-92 (9) .............. Child Specialty Services 1991-92 (10) ............. Juvenile Detention Home 1991-92 (11) .............. Apprenticeship 1991-92 (12) ....................... Adult Basic Education 1991-92 (13) ................ Marketing Education Regional Coordinator 1992 (14) GED Testing 1991-92 (15) .......................... Regional Adult Basic Education Specialist 1991-92 (16)..I ................................... Let's Talk 1991 92 (17) ............................. $19,959,613 2,358,307 474,054 7,454 988 338,879 40,381 48,496 2,006 51,594 66,044 77,980 97,054 157,297 45,780 6,787 30,246 2,636 Education Chapter I Winter 124-92-1 (18) ..................... Chapter I Carryover 124-92-3 (19) .................. Vocational Education Teen Mothers 1992 (20) ........ Title II-A LPN (21) ................................ $19,959,613 2,358,307 474,054 7,454 988 Alternative Education 1991-92 (22) ............. Summer Youth Employment (23) ................... Summer Youth Education (24) ...................... Educational Interpreter Training (25) ............ Child Development Clinic 1991-92 (26) ............ Child Specialty Services 1991-92 (27) ............ Juvenile Detention Home 1991-92 (28) ............... Apprenticeship 1991-92 (29) ........................ Adult Basic Education 1991-92 (30) ................. Marketing Education Regional Coordinator 1992 (31). GED Testing 1991-92 (32) ........................... Regional Adult Basic Education Specialist 1991-92 (33) ..... Let's Talk 1991-92'('~)'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.' .. $ 338,879 40,381 48,496 2 006 51 ~94 66 044 77 980 97 054 157 297 45 780 6,787 30,246 2,636 (035-060-6133-6000-0121) (035-060-6136-6672-0131) $(220,105) ( 583) (035-060-6428-6138-0381) ( 2,546) (035-060-6429-6138-0121) ( 72) (035-060-6430-6100-0121) 27,812 (035-060-6432-6549-0183) ( 58) (035-060-6433-6549-0129) ( 6,112) 1) Teachers 2) Nurses 3) Purchased Services 4) Teachers 5) Teachers 6) Trades Helper 7) In-Service 8) Educational Supplies 9) Coordinator 10) Consultant 11) Consultant 12) Professional Services 13) Teachers 14) Coordinator 15) Teachers 16) Teachers 17) Teachers 18) Federal Grant Receipts 19) Federal Grant Receipts 20) Federal Grant Receipts 21) Federal Grant Receipts 22) Local Match 23) Federal Grant Receipts (035-060-6590-6174-0614) ( 14) (035-060-6593-6554-0138) ( 3,326) (035-060-6594-6554-0138) ( 1,925) (035-060-6595-6554-0138) ( 1,049) (035-060-6746-6138-0313 (035-060-6747-6450-0121 (035-060-6748-6333-0124 (035-060-6749-6550-0121 (035-060-6751-6143-0121 (035-060-6975-6000-0583 (035-060-6133-1102) (035-060-6136-1102) (035-060-6428-1102) (035-060-6429-1102) (035-060-6430-1101) (035-060-6432-1102) ( 60,033) 3,970 ( 1,419) ( 2,363) ( 4,917) 636 (220,105) ( 583) ( 2,546) ( 72) 27,812 ( 58) 24) Federal Grant Receipts 25) Federal Grant Receipts 26) State Grant Receipts 27) State Grant Receipts 28) State Grant Receipts 29) Fees 30) Federal Grant Receipts 31) State Grant Receipts 32) Fees 33) Federal Grant Receipts 34) Fees (035-060-6643-1102) (035-060-6590-1102) (035-060-6593-1100) (035-060-6594-1100) (035-060-6595-1100) (035-060-6746-1103) (035-060-6747-1102) (035-060-6748-1100) (035-060-6749-1103) (035-060-6751-1102) (035-060-6975-1103) $( 6,112) ( 14) ( 3,326) ( 1,925} ( 1,049) ( 60,033) 3,970 ( 1,419) ( 2,363) ( 4,917) 636 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. June 7, 1993 '93 ,llJ!4 -1 Pi :,~2 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance School Board Request for the Closeout of Grants I have reviewed the attached request to close out grants for the School Board. The request to close out grants is necessary since the grant programs have been completed. The attachment also requests appropriation for the Regional Adult Literacy and Basic Education grant funds. These grant fund appropriations were adopted by the Council of the City of Roanoke at a regular meeting held May 17, 1993. recommend that you concur with the request of the School Board. JDG:pac attachment ~ting Director of Finance .~[~ Finn O. Pincus, Chairman Chades W. Day, Vice Chairman Marilyn C. Curtis )anoke City School Board P.O. Bo~ t3t4,,5, Roanoke, Virginia 24031 C. Nelson Harris Ma~ha W. O'Neil Clubert G. Poll James M. Turner, Jr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board · 703-981-2381 * Fax: 703.98t-295t May 5, 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 B. oard action at its May 4, 1993 meeting; the Board respectfully requests City Counc,I to appropriate $16,546.00 for the Regional Adult Literacy and Basic Education Program to provide funds for the operation of the adult literacy programs. The appropriation represents additional funds received for flow-through contracted services subcontracted by the Fifth District Employment and Training Consortium. / The Board further requests that 31 completed grants be closed which will result in a net decrease of $272,104. The Board appreciates the approval of these requests. Richard L. Kelley , . Executive for Busine'sa Affairs and Clerk of the Board rg CC: Mr. Finn D. Pincua Dr. Frank P. Tote Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Diblin9 jMMr. James D. Grlsso a. Ila Farrisa (with accounting details) Excellence in Education ROANOKE CITY SCROOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANTS The thirty one grants listed below have been completed and should be closed. In order that appropriations, revenues and expenditures for each grant may be equal, the net decrease in appropriation is necessary. GRANT INCREASE PAGE NUMBER DESCRIPTION (DECREASE) NUMBER 035-060-6133 035-060-6134 035-060-6135 035-060-6136 035-060-6428 035-060-6429 035-060-6430 035-060-6432 035-060-6433 035-060-6437 035-060-6590 035-060-6592 035-060-6593 035-060-6594 035-060-6595 035-060-6746 035-060-6747 035-060-6748 035-060-6749 035-060-6951 035-060-6815 035-060-6962 035-060-6969 035-060-6971 035-060-6975 035-060-6977 035-060-6978 035-060-6979 035-060-6984 035-060-6986 035-060-6988 Chapter I Winter 124-92-1 Pre-K Expansion Program Chapter I Summer 124-92-2 Chapter I Carryover 124-92-3 Vocational Education Teen Mothers 92 Title II-A LPN Alternative Education 91-92 Summer Youth Employment Summer Youth Education Title III GED Tuition Educational Interpreter Training Flow Through 91-92 Child Development Clinic 91-92 Child Specialty Services 91-92 Juvenile Detention Home 91-92 Apprenticeship 91-92 Adult Basic Education 91-92 Marketing Educ Regional Coordinator 92 GED Testing 91-92 Regional Adult Basic Education Spec 92 Artist In Education 91-92 Magnet School 90-91 Drug Free Schools 90-91 Hurt Park Iutorial 90-91 Let's Talk 91-92 Governor's School 91-92 Teaching Peace 91-92 Project YES 91-92 1992 Western Va. Regional Science Fair SAT Preparation 91-92 Chess Program 91-92 (220,105.00) 583.00) 2,546.00) 72.00) 27,812.00 58.00) 6,112.00) 14.00) 3,326.00) 1,925.00) 1,049.00) 60,033.00) 3,970.00 1,419.00) 2,363.00) 4,917.00) 636.00 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~7 28 29 30 31 32 Net Decrease $ (272,104.00) May 4, 1993 Page 1 Briefing on June 4, 1993 Thunderstorm Damage June 7 City Council Meeting James Ritchie, Assistant City Manager Intro: Bright sun today, and on Saturday & Sunday, make it hard to believe the storm that rolled through the Roanoke Valley Friday evening and early Saturday morning. One person in communications said: Storm fast & furious. Never seen anything like it due to thunderstorms and high winds. Want to brief City Council on how city employees responded to the emergency and the overall status of city operations in this regard. When storm hit between 5:30 p.m. & 6 p.m., set up underway at Victory Stadium for Festival Concert. Special events stage & canopy were destroyed at cost of $10,000. James Drew Expo Carnival at Civic Center was canceled for Friday evening and fortunately there was no damage at their site. Dispatch center 9-1-1: Phone lines immediately swamped. During time immediately after the storm until ~ evening, received 2,033 calls. Public Works 400 to 500 est, Fire 200 est. Rescue 109 Police 524 Information Request 200 est. And special note, although we can not assist when people have no power we had over 500 calls to report power lines down and/or no power. Commend these employees. In Grounds Department: had crew~of~l working in shifts beginning immediately after the storm, and from dawn to dusk on Saturday and Sunday. First priority public safety. Barricade streets with power lines down, clear streets and today have crew of 15 working to clear alleys. I1. Assessment/Cleanup .. Toda~.mustaddress-F-e'stiv ' a,r clean up operations, taKing down-tePctslnd' fences, etc. Te,~'r~'w will have §0 to 60 employees finishing up alley clearing, rights of ways and moving into city parks. Bad news -- 120 trees down throughout city including parks. Play area at Eureka Park damaged and have trees down on basketball court at Lakewood. Good news -- no City Buildings damage and no city employees hurt. D~ ~cse po er at Water P ' _Q!__PJAnt and_Water T-r, eatme~-P-lant but used ~ working with ~:~s ews totting to determine what the city can do to address the needs of citizens regarding removal of brush, tree limbs, etc., as a result of the storm. Ill. IV. Commend city employees Was in dispatch center Friday night. Amazed at how employees responded and the professionalism & courtesy shown. Grounds Crews worked long hours and went above & beyond call of duty. Challenge is timing of this storm. April 19th we began a city-wide one time collection of brush following the blizzard of 93. Collected 279 dump truck loads of brush and the damage then wasn't as bad as the damage this time. Just three weeks ago we asked for citizens patience and understanding in that we were behind schedule on mowing of parks & median strips, due to the wet winter & spring and the blizzard cleanup. Now, just started getting caught up on mowing and this storm comes. '~ n at Looking at ways to address cleanup in neighborhoods. Looki g hiring outside contractor to conduct brush collection, as well as other alternatives. ~ Appreciate patience of citizens. Summary Considering the seriousness of this storm, impact could have been much worse. Cost to the city will primarily be in regard to brush and limb cleanup and loss of so many city trees. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, V'u~ia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN l~puty City Clerk June 10, 1993 File #60=27 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31492-060793 amending and reordaining certain sections of the 1992-93 Sewage Fund Appropriations, providing for the transfer of $40,000.00 from Chemicals to Maintenance - Equipment, to provide funds for the remainder of fiscal year 1992-93. Ordinance No. 31492-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Steven L. Walker, Manager, Water Pollution Control Plant IN THE COUNCIL OF THE CITY OF RO~NOKEv VIRGINIA The 7th day of June, 1993. No. 31492-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: &mDrooriations Operations $ 2,019,827 Other Charges (1) ................................. 1,143,960 Maintenance 871,239 Other Charges (2) ................................. 526,093 1) Chemicals (003-056-3160-2045) $(40,000) 2) Maintenance - Equipment (003-056-3155-2048) 40,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. '93 MAI' 28 ~'.51 Roanoke, Virginia June 7, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Transfer of Funds - STP I. Backqround: Maintenance accounts have been exhausted due to such items as emergency repair of a primary clarifier and current repairs to a raw sewage pump. The primary clarifier alone resulted in $40~000 for materials with the labor being provided by plant personnel. B. Funding is needed to complete FY 92-93. Co Funds are available in the STP Chemical Account No. 003-056-3160-2045, due to the identification and use of a new (cheaper) chemical and source of supply. II. Issues in order of importance: A. Need B. Timinq C. Fundinq III. Alternatives: ao Council authorize the transfer of $40~000 from Chemical Account No. 003-056-3160-2045 to Maintenance Account No. 003-056-3155-2048. Need for funding the Maintenance Account will be met. 2. Timing is needed as soon as possible. 3. Funding is available. Page 2 Council not authorize the transfer of funds. 1. Need to fund Maintenance Account will not be met. IV. 2. Timing is a moot issue. 3. Funding is a moot issue. Recommendation: Council concur with Alternative "A" transferring $40,000 from Chemical Account No. 003-056-3160- 2045 to Maintenance Account No. 003-056-3155-2048. Respectfully submitted, W. Robert Herbert City Manager WRH:SLW:afm cc: City Attorney Director of Finance Director of Utilities & Operations Manager, Water Pollution Control Plant MARY F. pA~RER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., R~om 456 Roanoke, Vlrginin 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #60=102 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31493-060793 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of $18,520.00 from Appropriation from General Revenue to Bridge Repair/Replacement Engineering, to provide funds for continued maintenance planning relative to the City's bridge maintenance/replacement program. Ordinance No. 31493-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. ff-'~ ~ ~'Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 7th day of June, 1993. No. 31493-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Streets and Bridges Bridge Repair/Replacement Engineering 1) Appropriation from General Revenue (008-052-9548-9003) (1) ........ $ 18,520 $ 8,202,280 375,679 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '93 8:51 Roanoke, Virginia June 7, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: BRIDGE MAINTENANCE/REPLACEMENT PROGRAM FUND TRANSFER I. Background: A. Fiscal Year 1992-1993 General Fund Budget earmarked $426~750.00 for use in the Bridge Maintenance/Replacement Program. B. Funding was placed in Account #001-004-9310-9508; transfers to Other Funds - Capital Projects Fund. C. To date $408,230.00 has been encumbered in the program leaving a balance remaining of $18,520.00. The remaining funds are badly needed to pursue the Bridge Maintenance/Replacement Program currently estimated with needs of over $13~800~000.00. II. Issues in Order of Importance: A. Funding needs of Bridge Maintenance/Replacement Program B. Ability to continue maintenance planning. III. Alternatives: A. Authorize the Director of Finance to transfer $18~520.00 from Account #001-004-9310-9508 Transfers to Other Funds Capital Projects Fund and appropriate these funds to Account #008-052-9548-9003 Bridge Repair/Replacement Engineering. Fundinq needs of Bridge Maintenance/Replacement Program won't be satisfied but planning will be able to continue. Honorable Mayor and Members of City Council RE: BRIDGE MAINTENANCE/REPLACEMENT PROGRAM FUND TRANSFER Page 2 2. Ability to continue maintenance planning will be met to a small extent. Be Deny Director of Finance authority to transfer $18~520.00 as requested in Alternative A. 1. Fundinq needs of Bridge Maintenance/Replacement Program will not be satisfied. 2. Ability to continue maintenance planning will be adversely impacted. IV. Recommendation: Authorize the Director of Finance to transfer $18~520.00 from account #001-004-9310-9508 Transfers to Other Funds - Capital Projects Fund to Account #008-052-9548-9003 Bridge Repair/ Replacement Engineering. Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/fm cc: City Attorney Director of Finance Director of Public Works City Engineer Assistant to City Manager for Community Relations Construction Cost Technician MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAION Deputy City Clerk Juno 10, 1993 Filo #27-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31494-060793 approving issuance of Change Order No. 1 to the City's engineering contract with Mattern & Craig, Inc., in the amount of $2,300.00, for engineering services to provide design and contract administration for tho Sewershed Corrective Action Project. Resolution No. 31494- 060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~{9~A.d~c Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: Mr. Steven A. Campbell, Engineer, Mattern & Craig, Inc., Consulting Engineers and Surveyors, 701 First Street, S. W., Roanoke, Virginia 24016 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. Earl Sturgill, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. Steven L. Walker, Manager, Water Pollution Control Plant Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31494-060793. A RESOLUTION approving the City Manager's issuance of Change Order No. 1 to the City's engineering contract with Mattern & Craig, Inc., for engineering services to provide design and contract administration for the Sewershed Corrective Action Project. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Mattern & Craig, Inc. for engineering services to provide design and contract administration for the Sewershed Corrective Action Project, in the total amount of $2,300.00, as more fully set forth in the City Manager's report to this Council dated June 7, 1993. ATTEST: City Clerk. REC~-', i;~ tITTM r:: ~: Roanoke, June 7, Virginia 1993 Honorable Mayor & Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: SANITARY SEWER - INFILTRATION/INFLOW REDUCTION DESIGN - PHASE I CHANGE ORDER NO. 1 I. Background: City Council, at its regular meeting of March 8, 1993, authorized award of contract to Mattern & Craig, Inc., of Roanoke, Virginia, for engineering services to provide design and contract administration for certain corrective action projects. Expectations were that most of the work would consist of replacing existing pipe in place; therefore, additional easements would not be necessary. Further investigation revealed that five (5) areas existed where it is in the best interests of the City to relocate sections of the sewer. Contract documents provide for that eventuality but do not provide funding for it. II. Current Situation: A. Project desiqn for Pro~ect PC-1 is now complete. Mattern & Craig~ Inc., after negotiations with engineering staff, has agreed to provide documents for these five (5) easements at a cost of $400.00 each and to provide the necessary marking to exhibit the proposed location to affected property owners at a cost of $300.00 giving a total additional cost of $2t300.00. It is necessary to approve Change Order No. 1 to pay for the work. C. Current contract status follows: 1. Original contract amount .............. $140,800.00 2. Amount of this Change Order (No. 1)... 2,300.00 3. New contract amount ................... $143,100.00 Honorable Mayor and Members Page 2 June 7, 1993 of City Council III. Issues in Order of Importance: Engineering concerns Reasonableness of Fee Available Funds IV. Alternatives: City Council authorize the issuance of Change Order No. 1 in the amount of $2,300.00 to complete the work necessary for construction. 1. Engineering concerns will be met in maintaining an acceptable schedule for construction of this project. 2. Reasonableness of fee has been established by comparison to similar scope and work on other projects. 3. Funding is available in the current Sewer Fund Retained Earnings account. City Council not authorize the issuance of Change Order No. 1 in the amount of $2,300.00. 1. Engineering concerns will not be met because of delays in schedules for this project until other funding sources can be found. Reasonableness of fee will have to be re-established with further negotiations at a later date and will probably be higher. 3. Funding will not be an issue at this time, but will remain outstanding at a later date. Honorable Mayor and Members of City Council Page 3 June 7, 1993 Recommendation: A. City Council authorize the issuance of Change Order No. in the amount of $2,300.00. ADproDriate from the Sewer Fund Retained Earnings Account the sum of $2~300.00 to account 003-056-8459-9055, Sewershed I/I Project Design - Phase I. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/fm CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21S Church Avenue, S.W., Room 4S6 Roanoke, V'u'ginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #72-184 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31495-060793 approving the granting of a leave of absence for educational purposes to Edward F. Jennings, Jr., Social Worker, in the Department of Social Services, for the period of August 31, 1993 through December 20, 1993, for the purpose of meeting the requirements for a Master's Degree in Social Work from Virginia Commonwealth University. Resolution No. 31495-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. po: Mr. Edward F. Jennings, Jr., 3414 Potomac Avenue, S. W., Roanoke, Virginia 24018 Mr. Wilburn C. DibHng, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Corinne B. Gott, Acting Director, Human Development Ms. Doris M. Kinsey, Acting Manager, Human Resources Mr. Kenneth S. Cronin, Personnel Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31495-060793. A RESOLUTION approving the granting of a leave of absence for educational purposes to Edward F. Jennings, Jr., an employee of the Department of Social Services. BE IT RESOLVED by the Council of the City of Roanoke that this Council APPROVES the granting of a leave of absence to Edward F. Jenntngs, Jr., Social Worker, in the Department of Social Services, for the period of August 31, 1993, through December 20, 1993, for the purpose of meeting the requirements for a Master's Degree in Social Work from Virginia Commonwealth University, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provision of ~2-45, Code of the City of Roanoke (1979), as amended, and such rules and regulations as may be promulgated by the City Manager; such written agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. June 7, 1993 '93 J!/N-2 P~:46 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: EDUCATIONAL LEAVE I. BACKGROUND A. Code of City of Roanoke (1979) as amended, Chapter 2, Section 2-45, states in part: Leave of Absence, not to exceed twelve consecutive months for educational purposes, can be granted a City employee upon approval by the City Manager and Council if course of study will be of continuous benefit to the City in the employee's performance of his assigned duties. Employee granted such leave shall be compensated in an amount not exceeding fifty percent (50%) of the rate of the compensation received by the employee at the commencement of the leave. Employee shall agree to remain in the employment of the City for a period of three (3) consecutive years following termination of the leave or if employment is terminated, employee will reimburse the City for all compensation paid to him during the leave. Only one employee of the City shall be granted or be on educational leave at any one time, and his duties and responsibilities must be adequately performed by another person employed by the City. 5. James Stephens, Library Associate, currently on Educational Leave returns full time on August 15, 1993. II. CURRENT SITUATION Department of Social Services of the City has an employee who is completing the first year of graduate work and is requesting a leave of absence for educational purposes: Edward F. Jennin~s, Jr. Social Worker, employed with the City since May, 1977, has completed his first year class requirements for a Master's Degree in Social Work by attending Virginia Commonwealth University's part-time program in Radford and attending classes since September, 1990. Edward Jennin~s is requestin~ leave beginning August 31, 1993 through December 20, 1993 to complete the requirements and obtain a Master's Degree. State Department of Social Services also has a Leave of Absence for Educational Purposes which will enable the City to ciaim reimbursement for 80% of one-half of salary paid to Mr. Jennings. III. ISSUES A. Benefit to City. B. Coverase of Duties and Responsibilities. C. Compliance with City Code. D. Budget. IV. ALTERNATIVES A. Approve Leave of Absence for Educational Purposes for an employee of the Department of Social Services. Benefit to City - Upgrade Department's educational standards; and employee will be better educated to fill any administrative positions which may become vacant. 2o Coverage of Duties and Responsibilities - Caseload will be covered by another MSW student placed in Social Services by VCU, School of Social Work. 3. Compliance with City Code - Request complies with Chapter 2, Section 2-45 of the Code of the City of Roanoke. Budset - One-half salary for Mr. Jennings for 08 pay periods will amount to $4,753.44. State Department of Social Services will reimburse 80%, leaving the total local cost $950.69. B. Do not approve Leave of Absence for Educational Purposes for an employee of the Department of Social Services. Benefit to City - There will be no benefit to the City; as the Department's educational standards will not be upgraded and there will be fewer employees with Master's Degree to consider for filling any administrative positions which may become vacant. 2. Coverage of Duties and Responsibilities - Not applicable. 3. Compliance with City Code - Chapter 2, Section 2-45, Leave of Absence for Educational Purposes, would not be met. 4. Budget - No change. RECOMMENDATION A. Approve Leave of Absence for Educational Purposes for Edward F. Jennings, Jr., Social Worker, of the Department of Social Services, (Alternative A.), and authorize the City Manager to execute an agreement for approval by the City Attorney with the employee, to provide for the terms of such leave of absence. Respectfully submitted, W. Robert Herbert City Manager WRH/CBG/DMK/pd CC: Wilburn C. Dibling, Jr., City Attorney James D. Gr±sso, Acting Director of Finance Corinne B. Gott, Acting Director of Human Development Doris M. Kinsey, Acting Superintendent of Social Services 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 June 10, 1993 File #60-63-184 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31496-060793 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, to provide funds in connection withWorkers' Compensation Wage and Medical accounts . Ordinance No. 31496-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AA.E City Clerk MFP: sm Enc, poi Mr. W. Robert Herbert, City Manager Ms. Corinne B. Gott, Acting Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager Ms. Lauren G. Eib, Risk Management Officer Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA The 7th day of June, 1993. No. 31496-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Government Billings and Collections (1-2) ..................... City Clerk (3) Commissioner o~ .................................... Revenue (4) Real Estate Valuation ::::::::::::::::::::::::::::: Risk Management (6) Public Safety ................................ Sheriff (7). Jail :::::::::::::::::::::::::::::::::::::::::::::: Police - Investigation (12-13) ...... Police - Patrol (14-17)... ' .............. Fire - Technical Services Fire - Operations (19-20) ...... Emergency Services .............. (21! .... ::::::::::::::::::::::: Building Inspections (24) ......... Juvenile Detention Home (25) .... Crisis Intervention Center ::::::::::::::::::::::: Public Works Parks Maintenance · (27-28). Street Maintenance (29-30)::::::::::::::::::::::::: Solid Waste Management (31-32) ..................... $ 9,101,857 939,094 277,173 776 049 759 124 405 376 30,505 935 1,356 431 4,686.404 2,447.329 7,223802 268 660 9,471 257 198 168 1,201 041 704 955 714 029 417.828 21,047.766 3,783775 2,966 191 4,405 784 Recycling (33) ..................................... Custodial Services (34-35) Conunications (36) ....... Signals and Alarms (37) ............................ Building Maintenance (38) .......................... Health and Welfare Social Services - Services (39) .................... Parks, Recreation and Cultural Recreation (40-41) ................................. Nondepartmental Residual Fringe Benefits (42-44) ................... Miscellaneous (45-46) .............................. $ 201,463 858,948 1,940,240 681,781 2,739,727 14,825,717 8,053,897 4,421,785 1,287,191 12,079,941 816,356 105,468 1) Worker's Comp. Wages 2) Worker's Comp. Medical 3) Worker's Comp. Medical 4) Worker's Comp. Medical 5) Worker's Comp. Medical 6) Worker's Comp. Medical 7) Worker's Comp. Wages 8) Worker's Comp Wages 9) Worker's Comp. Medical 10) Regular Employee Salaries 11) Recovered Costs 12) Worker's Comp. Wages 13) Uniform Allowances 14) Worker's Comp. Wages 15) Worker's Comp. Medical 16) Uniform Allowances 17) Worker's Comp. Wages 18) Worker's Comp. Medical 19) Worker's Comp. Wages 20) Worker's Comp. Medical 21) Worker's Comp. Medical (001-004-1232-1135) (001-004-1232-1140) (001-001-1120-1140) (001-022-1233-1140 (001-023-1235-1140 (001-050-1262-1140 (001-024-2140-1135 (001-024-3310-1135 (001-024-3310-1140 (001-024-3310-1002 (001-024-3310-8005 (001-050-3112-1135) (001-050-3112-1155) (001-050-3113-1135) (001-050-3113-1140 (001-050-3113-1155 (001-050-3212-1135 (001-050-3212-1140 (001-050-3213-1135 (001-050-3213-1140 (001-050-3520-1140 $ 427 1,035 720 856 2,969 127 1,896 8,405 177,149 ( 44,060) (49,040) 485 (10,0oo) 136,788 169,661 ( 6,600) 10,173 58 70,611 103,082 74 22) Worker's Comp. Wages 23) Worker's Comp. Medical 24) Worker's Comp. Medical 25) Worker's Comp. Medical 26) Worker's Comp. Medical 27) Worker's Comp. Wages 28) Worker's Comp. Medical 29) Worker's Comp. Wages 30) Worker's Comp. Medical 31) Worker's Comp Wages 32) Worker's Comp. Medical 33) Worker's Comp. Wages 34) Worker's Comp. Wages 35) Worker's Comp. Medical 36) Worker's Comp. Medical 37) Worker's Comp. Medical 38) Worker's Comp. Medical 39) Worker's Comp. Medical 40) Worker's Comp. Wages 41) Worker's Comp. Medical 42) Worker's Comp. Wages 43) Worker's Comp. Medical 44) Hospitalization Insurance 45) Flood of 1992 46) Miscellaneous Refunds (001-050-3521-1135 (001-050-3521-1140 (001-052-3410-1140 (001-054-3320-1140 (001-054-3360-1140 (001-050-4340-1135 (001-050-4340-1140) (001-052-4110-1135 (001-052-4110-1140 (001-052-4210-1135 (001-052-4210-1140 (001-052-4211-1135 (001-052-4220-1135 (001-052-4220-1140 (001-052-4130-1140 (001-052-4160-1140 (001-052-4330-1140 (001-054-5314-1140 (001-050-7110-1135 (001-050-7110-1140 (001-004-9110-1135 (001-004-9110-1140 (001-004-9110-1125 (001-004-9140-2177 (001-004-9140-2170) $ 12,578 2,582 1,841 2,128 243 9,401 36,146 3,147 29,593 6,773 56,486 428 100 7,849 457 176 2,287 .7,867 4,591 14,233 (300,000) (300,000) (104,066) (34,656) (35,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Funding for workers' Compensation Wage and Medical &ooounts I. Baokaround: Workers' Compensation is defined as "exclusive remedy, under law, for all covered employees for compensating injuries and occupational diseases arising in the course of and within the scope of employment." Be Self-Insured - City is entirely self-insured for Workers' Compensation liability. Ct Funding in the amount of $600,000 has been budgeted for the current fiscal year to cover workers' compensation wage and medical payments. Dt ~hese types of fringe benefits are budgeted in the non-departmental cateoorv because annual charges for each department are difficult to accurately project. II. Current Situation: At Workers' compensation expenditures for fiscal year 1992-93 are projected to be $883,421.85. This information is based on actual expenditures through April 30, 1993 and projected expenditures for May and June, 1993 (see Attachment A). Funding to cover FY 1992-93 Workers' Compensation claims is inadequate. Accounts have a projected shortfall of $283,421.85. Ct Workers' compensation medical payments have been much higher than anticipated due to an increased number of claims by public safety employees. III · ao Mandated Proqram Cost Fundinq Availability IV. Alternatives: City Council authorize the transfer of fundinq to cover worker's compensation claims during the current fiscal year. Pro~ram mandated by state and federal regulations for the city of Roanoke to provide Workers'compensation benefits to its workers. Increased cost of claims for Workers' compensation would be funded in the fiscal year in which they occurred. Funds are Dvailable in the General Fund to provide for this recommendation. city Council not authorize the transfer o__f fundinq to cover worker's compensation claims during the current fiscal year. Proaram mandated by state and federal regulations for the City of Roanoke to provide Workers' compensation benefits to its workers. Cost would be reflected in next year's account and deducted from the Fiscal Year 1993-94 budget. Funds available during this fiscal year in the General Fund would not be expended for actual Workers' Compensation expenses. Ve Recommendation: city Council implement Alternative A, and authorize the transfer of funding to cover worker's compensation claims. Transfer funding in the amount of $883,422 to departmental worker's compensation accounts (see Attachment A) from the following sources: Funding Sources: 001-004-9110-1135 001-004-9110-1140 001-024-3310-1002 001-024-3310-8005 001-004-9110-1125 001-004-9140-2177 001-004-9140-2170 001-050-3112-1155 001-050-3113-1155 Workers' Comp - Wages) Workers' Comp - Medical) Jail - Regular Salaries) Jail - Recovered Costs) Residual Fringe Benefits) Miscellaneous-Flood of '92) Miscellaneous Refunds) Police - Uniform Allowance) Police - Uniform Allowance) Total Funding Sources $300,000 300,000 44,060 49,040 104,066 34,656 35,000 10,000 6,600 $883,422 Respectfully Submitted, W. Robert Herbert City Manager WRH:DSA Attachment cc: City Attorney Director of Finance office of Management and Budget office of Personnel Management office of Risk Management Attachment A Budget Adjustments for Workers' Compensation Workers' Comp - Wages F'~nd - Agcy - Orgn - Obj 001 - 004 - 1232 - 001 - 024 - 2140 - 001 - 024 - 3310 - 001 - 050 - 3112 - 001 - 050 - 3113 - 001 - 050 - 3212 - 001 - 050 - 3213 - 001 - 050 - 3521 - 001 - 050 - 4340 - 001 - 050 - 7110 - 001 - 052 - 4110 - 001 - 052 - 4210 - 001 - 052 - 4211 - 001 - 052 - 4220 - 001 - 004 - 9110 - Department Name Exp..thru Proj. Exp. Budget 4/30/93 ~hru 6/30/93 Adjustment 1135 Billings & Collections 356.16 427.39 427 1135 Sheriff 1,580.26 1,896.31 1,896 1135 Jail 7,004.02 8,404.82 8,405 1135 Police - investigation 404.08 484.90 485 1135 Police-Patrol 113,990.36 136,788.43 136,788 1135 Fire-Technical Services 8,477.08 10,172.50 10,173 1135 Fire-Operations 58,842.10 70,610.52 70,611 1135 Emergency Medical Services 10,481.24 12,577.49 12,578 1135 Parks Maintenance 7,834.46 9,401.35 9,401 1135 Recreation 3,825.76 4,590.91 4,591 1135 Street Maintenance 2,622.81 3,147.37 3,147 1135 Solid Waste Management 5,643.98 6,772.78 6,773 1135 Recycling 356.62 427.94 428 1135 Custodial Services 83.70 100.44 100 1135 Residual Fringe Benefits 0.00 0.00 (300,000.00) Workers' Como - Medical Fund - Agcy - Orgn - Obj Totals Department Name 221,502.63 265,803.16 (34,197) Exp. thru Proj. Exp. Budget 4/30/93 thru 6/30/93 Adjustment 001 - 001 - 1120 - 001 - 004 - 1232 - 001 - 022 - 1233 - 001 - 023 - 1235 - 001 - 024 - 3310 - 001 - 050 - 1262 - 001 - 060 - 3113 - 001 - 050 - 3212 - 001 - 080 - 3213 - 001 - 050 - 3520 - 001 - 050 - 3521 - 001 - 050 - 4340 - 001 - 050 - 7110 - 001 - 062 - 3410 - 001 - 052 ~ 4110 - 001 - 052 - 4130 - 001 - 052 - 4160 - 001 - 052 - 4210 - 001 - 052 - 4220 - 001 - 052 - 4330 - 001 - 054 - 3320 - 001 - 064 - 3360 - 001 - 054 - 5314 - 001 - 004 - 9110 - 1140 City Clark 719.50 719.50 720 1140 Billings & Collections 986.26 1,035.20 1,035 1140 Commissioner of Revenue 713.15 855.78 856 1140 Real Estate Valuation 2,758.58 2,968.55 2,969 1140 Jail 71,790.49 177,143.59 177,149 1140 Risk Management 84.96 126.96 127 1140 Police-Patrol 147,851.58 169,661.00 169,661 1140 Fire-Technical Services 58.00 58.00 58 1140 Fire-Operations 82,904.96 103,082.00 103,082 11 40 Emergency Sewicee 62.00 74.40 74 1140 Emergency Medical Services 1,949.35 2,582.22 2,582 1140 Parks Maintenance 26,590.54 36,145.65 36,146 1140 Recreation 14,234.26 14,234.26 14,234 1140 Building inspections 1,840.70 1,840.70 1,841 1140 Street Maintenance 22,516.91 29,593.29 29,593 1140 Communications 380.49 456.59 457 1140 Signals & Alarms 176.00 176.00 176 1140 Solid Waste Management 38,098.61 56,486.33 56,486 1140 Custodial Services 6,075.44 7,848.53 7,849 1140 Building Maintenance 1,906.00 2,287.20 2,287 1140 Juvenile Detention Home 1,773.03 2,127.64 2,128 1140 Crisis Intervention 154.08 243.08 243 1140 Social Services-Services 6,556.03 7,867.24 7,867 1140 Residual Fringe Benefits 0.00 0.00 (300,000.00) Totals 430,180.92 617,618.70 317,620 Grand Totals (1135 end 1140) 661,683.55 883,421.85 283,423 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) ~1-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #2=178-247-258 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31497-060793 authorizing execution of an agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority providing for appropriation of funds for purchase by the Roanoke Redevelopment and Housing Authority of approximately 4.679 acres of land at the Hotel Roanoke site, in connection with the Hotel Roanoke Conference Center Project. Resolution No. 31497-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AA~ City Clerk MFP: sm Enc. pc: Dr. Raymond D. Smoot, Jr., Vice President for Business Affairs and Treasurer, 312 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 Ms. Margie W. Thomas, Secretary of Virginia Teeh, Board of Visitors, 210 Burruss Hall, Virginia Tech, Blacksburg, Virginia 24061-0142 The Honorable James G. Harvey, II, Chairperson, Hotel Roanoke Conference Center Commission Ms. Neva H. Smith, Executive Director, City of Roanoke Redevelopment and Housing Authority, 2624 Saiem Turnpike, N. W., Roanoke, Virginia 24017 Mr. John Grove, Legai Counsel, City of Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. W. Robert Herbert June 8, 1993 Page 2 pc: Mr. Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Mr. Wilburn C. Dihiing, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Phillip F. Sparks, Acting Chief, Economic Development IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of June, 1993. No. 31497-060793. A RESOLUTION authorizing execution of an agreement between the City of Roanoke and the Roanoke Redevelopment and Housing Authority providing for the appropriation of funds for the purchase of approximately 4.679 acres of land at the Hotel Roanoke site in connection with the Hotel Roanoke Conference Center Project. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest respectively, the agreement between the City and the Roanoke Redevelopment and Housing Authority ("RRHA") providing for the appropriation of funds for the purchase by RRHA of approximately 4.679 acres of land at the Hotel Roanoke site upon certain terms and conditions, such agreement to be in substantially the form attached to the City Manager's report to this Council dated June 7, 1993, and approved as to form by the City Attorney. ATTEST: City Clerk '93 J/itl-2 ?~:47 June 7, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Hotel Roanoke and Conference Center project I. BACKGROUND: March 22. 1993. City Council appropriated $3,000,000 for the purpose of contracting with the Roanoke Redevelopment and Housing Authority (RRHA) for purchase of approximately 4.7 acres of land from the Virginia Tech Real Estate Foundation at the Hotel Roanoke site. RRHA will be purchasing new parcel "A" and three parcels marked "C" on the attached map. Contract between the RRHA and the City is necessary in order to provide them funding. Attached is a copy of the proposed contract between the City of Roanoke and RRHA. C. Major components of the contract include: That the RRHA shall pay $2,000,000 to Virginia Tech Real Estate Foundation at closing. The additional $1,000,000 will be paid when the Conference Center bonds are issued. The City has the right to approve any subsequent sale of the property and receive any proceeds from the sale. The City has the right to approve any subsequent lease of the property and to receive the revenues from those leases. It is anticipated that the RRHA will lease the site to the Commission for its building and to the Commission and the Hotel for parking. II. ISSUES: B. Timing. Council Membem June 7, 1993 Page 2 III. ALTERNATIVE A: Authorize City Manager to enter into a contract between the City of Roanoke and the RRHA to allow the RRHA to pumhase approximately 4.7 acres of land at the Hotel Roanoke site from Virginia Tech Real Estate Foundation. FJJxt0Jag is available from a previous appropriation of funds by City Council on March 22, 1993 in the Capital Projects Fund, account number 008-002-9654- 9001. B. Timing is important in order that the progress of the project to continue. ALTERNATIVE B: Do not authorize City Manager to contract between the City of Roanoke and RRHA concerning the purchase of approximately 4.7 acres from Virginia Tech Real Estate Foundation. A. FaJ~ will not be needed. The future of the project would be in jeopardy. B. Timing is important in order to move the project along. Recommend Alternative A to authorize City Manager to enter into a contract between the City of Roanoke and RRHA to allow the RRHA to purchase approximately 4.7 acres of land at the Hotel Roanoke site from Virginia Tech Real Estate Foundation. Sincerely, W. Robert Herbert City Manager WRH/BJW:kkd Attachments cc: Brian J. Wishneff, Acting Director, Conference Center Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director, Finance Neva Smith, Executive Director, Roanoke Redevelopment and Housing Authority 05-25-1993 10:09 703224~080 HOTEL ROANOKE CONF CTR COHH OFF P, 02 0.54.7 ~ · AC. PARCEl. C PARCEL C 1.44.9 AC. % W "$"% 4..657 AC. PARCEL "A' 2.04.9 AC. AX NO. ALC.., CHK'D 60' R/W 8KETCH FOR CITY ,OF' R,OANOKIi SHO~NO NE~W PARCI~L -A', N[W PA~z,T~..i. -B", A 0,~47 AC. HOI'~L. ROANOKE AGREEMENT THIS AGREEMENT is made and entered into this 24th day of May, 1993, by and between the CITY OF ROANOKE, VIRGINIA ("City"), a municipal corporation, and the CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY, a political subdivision of the Commonwealth of Virginia ("RRHA"), WITNESSETH THAT: WHEREAS, the RRHA's Redevelopment Plan for the Gain~boro Community Development Program Area has as one of its major objectives the creation of a modern hotel-conference center on the site of the closed Hotel Roanoke~ WHEREAS, pursuant to its Gainsboro RedevelopmentPlan and as authorized by law, the RRHAproposes to assist the redevelopment of the Hotel Roanoke and the creation of a hotel-conference center complex by acquiring a portion of the hotel site and leasing (1) a part to the Hotel Roanoke Conference Center Commission ("Commission") for the construction of a conference center and (2) the remainder to the Hotel Roanoke Limited Liability Company (Hotel "LLC") and/or the Commission for parking for the conference center and hotel~ WHEREAS, the City has determined that support of the redevelopment of the Hotel Roanoke and construction of the adjoining conference center are necessary roles of the City in order to revitalize the Gainsboro Community by replacing the blighting influence of the dormant Hotel Roanoke commercial area H#160510 with a modern hotel-conference center and to create new businesses and Jobs; WHEREAS, the City desires that RR}{A purchase the property for the purposes described above and has agreed to make available to RR}{A the funds necessary for that'purchase. NOW THEREFORE, the parties hereto mutually agree as follows: 1. RRHA shall enter into an agreement with Virginia Tech Real Estate Foundation ("VTREF") for the purchase of a~=o~,~i!iiii$!!~i~i~i acres of land which are a portion of-the property conveyed to VTREF by Virginia Holding Corporation ("VHC") and as are shown on the plat attached hereto and incorporated herein as Exhibit A ("Property") for a purchase price of $3,000,000, $2,000,000 of which will be paid at closing and $1,000,000 of which will be paid from the proceeds of the sale of bonds by the City on the day after the closing of the bonds which shall occur no later than January 30, 1994. 2. The agreement referred to in paragraph one (1) shall provide that it shall survive settlement on the Property and that RRHA and VTREF, and its affiliated corporations, mutually covenant and agree to provide, at no cost, all necessary easements, rights of way, reciprocal access agreements or whatever rights may be necessary to provide access to the various parking lots and driveways and to accommodate a pedestrian bridge over the adjacent railroad tracks and otherwise as reasonably necessary to facilitate development and operation of the hotel- conference center complex in accordance with the master M#160510 2 development plan, including meeting the reasonable requirements of lenders. 3. Closing for the purchase of the Property will occur no later than June 1, 1993 or as soon thereafter as title can be examined, papers prepared, and funding arranged. 4. 5. The City shall provide to RRHA $2,000,000 at closing on said Property and the final $1,000,000 from the proceeds of the sale of bonds by the City on the day after the closing of the bonds which shall occur no later than January 30, 1994. 6. RRHA shall lease certain portions of the Property to the "Commission" for the construction of a conference center and shall lease the remainder of the Property to the Commission and the Hotel LLC for parking, upon terms and conditions acceptable to the Board of Commissioners of the RRHA and the City Manager and In accordance with the terms and conditions of the Cooperation Agreement among the Commission, VTREF, HR Foundation, Inc., the Hotel LLC and RRHA. Any revenues received by RRHA pursuant to such leases shall be remitted to the City. It is anticipated that all of the Property will be leased on a triple net basis from the RRHA by the Commission and/or the Hotel LLC promptly after its acquisition by the RRHA. Should that not be M#160510 3 the case, the City will contribute to the HRHA or otherwise arrange the funding of such costs of ownership as the RRHA may from time to time incur with respect to the Property. 7. Should changes in development plans, field conditions, or other factors necessitate revision of this Agreement, the City and the RRHA agree to negotiate in good faith to achieve modifications satisfactory to each and to incorporate those modifications into a written amendment of this Agreement. 8. This Agreement shall be governed by the laws or. the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk ATTEST: W. Robert Herbert, City Manager ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Secretary Approved as to form: By. Chairman Appropriation and funds required for this Agreement certified: Date: M#160510 Director of Finance 4 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W,, Room 456 Roanoke, V'u'~inia 2~011 Telephone: (70a) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #77-207-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31499-060793 authorizing you to file an application with the Virginia Department of Transportation for up to $9.00,000.00 in Industrial Access Road Funds, to provide industrial access by construction of a new roadway to serve Transkrit Corporation within the Roanoke Centre for Industry and Technology; setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for adjustment of utilities; assuring that the City will maintain said new roadway; assuring that a future qualifying industry wili locate on portions of the remaining 34.913 acres served by said road; and repealing Ordinance No. 31392-032293, adopted March 9.2, 1993. Ordinance No. 31499-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~O~ 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 Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Traffic Engineer Mr. Phillip F. Sparks, Acting Chief, Economic Development Mr. E. Dougias Chittum, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of June, 1993. No. 31499-060793. VIRGINIA, AN ORDINANCE authorizing the City Manager to file an application with the Virginia Department of Transportation for up to $200,000 in Industrial Access Road Funds to provide industrial access by construction of a new roadway to serve a future industry in the City; setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for the adjustment of utilities; assuring that the City will maintain said new roadway; assuring that a future qualifying industry will locate on the portions of the remaining 34.913 acres served by said road; repealing Ordinance No. 31392-032293, adopted March 22, 1993, and providing for an emergency. WHEREAS, there are sites in Roanoke Centre for Industry and Technology within the City of Roanoke suitable for industrial and commercial development, which land can be made available for such purposes provided adequate means of access and necessary utilities and other public services are made available to said'property; and WHEREAS, there is a right-of-way but no existing roadway to the sites for the proposed new qualifying industries; and WHEREAS, S33.1-221, Code of Virginia (1950), as amended, provides legislative authority for the use of certain public funds by the Virginia Department of Transportation for constructing or improving access roads to commercial and industrial sites on which manufacturing, processing or other establishments are or will be constructed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed to file an application with the Virginia Department of Transportation for up to $200,000 in Industrial Access Road Funds pursuant to the provisions of S33.1-221, Code of Virginia (1950), as amended, to construct the aforesaid roadway from 0.22 miles from Blue Hills Drive to a point 0.36 miles from Blue Hills Drive within the Roanoke Centre for Industry and Technology. 2. This Council, in making the aforementioned authorization, hereby assures and guarantees the Virginia Department of Transportation that the City will, if such project be approved, provide adequate rights-of-way and for the adjustment of existing utilities which might be affected by said project, the cost of such rights-of-way and for the adjustment of existing utilities to be paid for by the City from its funds appropriated by the Council for the purpose; the City guarantees qualifying industries with a value in excess of ten (10) times the value of the industrial access funds request; and that the City will, after construction of said new roadway, assume proper maintenance of Ordinance No. 31392-032293, adopted March 22, 1993, is hereby the same. 3. repealed. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W., Room 456 Roanoke, Vir~lia 24011 Telephone: (?0~) 981-2~tl June 10, 1993 Deputy City Clerk File #77-207-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31498-060793 authorizing you to file an application with the Virginia Department of Transportation for up to $250,000.00 in Industrial Access Road Funds, to provide industrial access by construction of a new roadway to serve Transkrit Corporation within the Roanoke Centre for Industry and Technology; setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for adjustment of utilities; assuring that the City will maintain said new roadway; and repealing Ordinance No. 31392-032293, adopted March 22, 1993. Ordinance No. 31498-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. F-~ ~_~ ~.Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. po: 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. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Traffic Engineer Mr. Phillip F. Sparks, Acting Chief, Economic Development Mr. E. Douglas Chittum, Economic Development Specialist Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31498-060793. AN ORDINANCE authorizing the City Manager to file an application with the Virginia Department of Transportation for up to $250,000 in Industrial Access Road Funds to provide industrial access by construction of a new roadway to serve a new industry in the City; setting out the need therefor; making provision for furnishing the necessary rights-of-way therefor and for the adjustment of utilities; assuring that the City will maintain said new roadway; repealing Ordinance No. 31392-032293, adopted March 22, 1993, and providing for an emergency. WHEREAS, Transkrit Corporation has purchased a 17.359-acre tract of undeveloped land in the Roanoke Centre for Industry and Technology, which company is engaged in the manufacture of specialty business forms and labels; WHEREAS, Transkrit Corporation anticipates a total initial capital outlay of $3,800,000 in construction and equipment of a 62,404 square foot portion of the proposed building to be used exclusively for manufacturing; and WHEREAS, S33.1-221, Code of Virginia (1950), as amended, Provides legislative authority for the use of certain public funds by the Virginia Department of Transportation for constructing or improving access roads to commercial and industrial sites on which manufacturing, processing or other establishments are or will be constructed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized and directed to file an application with the Virginia Department of Transportation for up to $250,000 in Industrial Access Road Funds pursuant to the provisions of S33.1-221, Code of Virginia (1950), as amended, to construct the aforesaid roadway from Blue Hills Drive, 0.22 miles to the new site of Transkrit Corporation within the Roanoke Centre for Industry and Technology. 2. This Council, in making the aforementioned authorization, hereby assures and guarantees the Virginia Department of Transportation that the City will, if such project be approved, provide adequate rights-of-way and for the adjustment of existing utilities which might be affected by said project, the cost of such rights-of-way and for the adjustment of existing utilities to be paid for by the City from its funds appropriated by the Council for the purpose; and that the City will, after construction of said new roadway, assume proper maintenance of the same. 3. Ordinance No. 31392-032293, adopted March 22, 1993, is hereby repealed. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: June 7, 1993 Subject: Repeal of Ordinance #31392-032293 and adoption of two new ordinances related to Industrial Access Application/Transkrit Corporation. II. BACKGROUND: Ao Ordinance //31392-032293 was adopted by City Council on March 22, 1993, authorizing the City Manager to file an application with the Virginia Dept. of Transportation for up to $450,000 in Industrial Access Funds. CURRENT SITUATION: Ao Bo Virginia Dept. of Transportation considers the road as envisioned by the City as two separate requests for Industrial Access Funds. Co Transkrit Corporation is a qualifying industry that provides the needed capital investment to build Blue Hills Circle from Blue Hills Drive to 100 feet into their property. The remaining portion of Blue Hills Circle is dependent upon the City obtaining another qualifying industry on the remaining 39 acres within 3 years. III. ISSUES: A. Timing B. Cost IV. ALTERNATIVES: Ao City Council repeal Ordinance #31392-032293 and authorize the City Manager to apply to the Virginia Dept. of Transportation for Industrial Access Funding for two separate segments of Blue Hills Circle. The front segment of Blue Hills Circle utilizes Transkrit Corporation as a qualifying industry, while the second segment is predicated on a future qualifying industry. 1. Timing for providing access to Transkrit by September 30th will be met. Cost to the City for providing access to Transkrit would be reduced by approximately $400,000 in State Subsidized Access Funds. B. Do not repeal 1. Timing for providing access to Transkrit could be met. Cost to the City for providing access to Transkrit would be reduced by only $200,000 in State Industrial Access Funds. RECOMMENDATION: City Council repeal Ordinance #31392-032293 and adopt two attached ordinances authorizing the City Manager to file an application with the Virginia Dept. of Transportation for Industrial Access Funds up to $450,000 for two roadway extensions to Transkrit Corporation and a future industry. Assure the Commonwealth Transportation Board that the City will, if such project is approved, provide adequate right-of-way, provide for adjustment of any utilities affected by construction, provide future maintenance of the roadway through other funding sources, and guarantee a qualifying industry for the second road segment within the statutory limit. Respectfully submitted: ert Herbert anager WRH/ECD:bjw MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 C~urch Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAIiIN I~puty City Clerk June 10, 1993 File #60=184 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31500-060793 amending and reordaining certain sections of the 1992-93 General Fund Appropriations, providing for the transfer of appropriations for employee benefits. Ordinance No. 31500-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. RObert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Ms. Corinne B. Gott, Acting Director, Human Development Mr. Kenneth S. Cronin, Personnel Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO~NOKEt VIRGINIA The 7th day of June, 1993. No. 31500-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Fund (1-96) $166,785,215 1) Hospitalization Insurance 2) Hospitalization Insurance 3) Unemployment Wages 4) Hospitalization Insurance 5) Unemployment Wages 6) Hospitalization Insurance 7) Hospitalization Insurance 8) Termination Leave Wages 9) HosPitalization Insurance 10) Termination Leave Wages 001-001-1110-1125) 001-001-1120-1125 001-001-1120-1145 001-002-1211-1125 001-002-1211-1145 001-002-1212-1125 001-003-1220-1125 001-003-1220-1150 001-004-1231-1125 001-004-1231-1150 $( 988) 972 1,901 1,914 76 80O 1,654 1,401 1,772 11,965 11) Hospitalization Insurance 12) Hospitalization Insurance 13) Hospitalization Insurance 14) Hospitalization Insurance 15) Hospitalization Insurance 16) Hospitalization Insurance 17) Termination Leave Wages 18) Hospitalization Insurance 19) Hospitalization Insurance 20) Hospitalization Insurance 21) Hospitalization Insurance 22) Hospitalization Insurance 23) Hospitalization Insurance 24) Hospitalization Insurance 25) Hospitalization Insurance 26) Termination Leave Wages 27) Hospitalization Insurance 28 Unemployment Wages 29 Hospitalization Insurance 30 Hospitalization Insurance 31 Unemployment Wages 32 Hospitalization Insurance 33 Hospitalization Insurance 34 Unemployment Wages 35 Termination Leave Wages 36 Hospitalization Insurance '001-004-1232-1125) '001-005-1240-1125) ~001-010-1310-1125) 001-020-1234-1125) 001-022-1233-1125) 001-023-1235-1125) 001-023-1235-1150) (001-050-1237-1125 (001-050-1260-1125 (001-050-1261-1125 (001-050-1262-1125 (001-052-1280-1125 (001-054-1270-1125 (001-056-1250-1125 (001-026-2210-1125 (001-026-2210-1150 (001-028-2111-1125 (001-028-2111-1145 (001-054-2150-1125 (001-072-2110-1125 (001-072-2110-1145 (001-024-2140-1125 (001-024-3310-1125 (001-024-3310-1145 (001-024-3310-1150 (001-050-3111-1125 $ 3,377 648 169 1,283 3,864 1,417 485 2,957 113 2,454 654 478 32 844 595 1,601 2,848 1,248 233 985 3,494 3,661 18,194 3,360 10,255 535 37) Hospitalization Insurance 38) Termination Leave Wages 39) Hospitalization Insurance 40) Unemployment Wages 41) Termination Leave Wages 42) Hospitalization Insurance 43 Termination Leave Wages 44 Hospitalization Insurance 45 Hospitalization Insurance 46 Hospitalization Insurance 47 Hospitalization Insurance 48 Termination Leave Wages 49 Hospitalization Insurance 50' Hospitalization Insurance 51 Hospitalization Insurance 52 Termination Leave Wages 53) Hospitalization Insurance 54) Hospitalization Insurance 55) Hospitalization Insurance 56) Hospitalization Insurance 57) Hospitalization Insurance 58) Hospitalization Insurance 59) Hospitalization Insurance 60) Unemployment Wages 61) Termination Leave Wages 62) Hospitalization Insurance 63) Unemployment Wages (001-050-3112-1125) (001-050-3112-1150) (001-050-3113-1125) (001-050-3113-1145 (001-050-3113-1150' (001-050-3114-1125 (001-050-3114-1150 (001-050-3115-1125 (001-050-3211-1125 (001-050-3212-1125 (001-050-3213-1125 (001-050-3213-1150 (001-050-3214-1125 (001-050-3520-1125 (001-050-3521-1125 (001-050-3521-1150) (001-050-3530-1125) (001-052-3410 1125) (001-054-3320-1125) (001-054-3330-1125) (001-054-3350-1125) (001-054-3360-1125) (001-050-4340-1125) (001-050-4340-1145) (001-050-4340-1150) (001-052-4110-1125) (001-052-4110-1145) $ 7,724 12,427 28,649 4,493 8,560 5,112 489 712 ( 890) 1,554 38,644 21,051 1,258 535 8,302 2,226 1,309 1,106 535 169 1,246 3,875 8,912 9,432 1,130 14,224 172 64) 65) 66) 67) 68) 69) 7o) 71) 72) 73) 74) 75) 76) 77 78 79 80 81 82 83) 84) 85) 86) 87) 88) 89) 9O) Hospitalization Insurance Unemployment Wages Termination Leave Wages Hospitalization Insurance Hospitalization Insurance Unemployment Wages Hospitalization Insurance Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Termination Leave Wages Hospitalization Insurance Unemployment Wages Termination Leave Wages Hospitalization Insurance Termination Leave Unemployment Wages Hospitalization Insurance Unemployment Wages Termination Leave Wages Hospitalization Insurance (001-052-4130-1125) (001-052-4130-1145 (001-052-4130-1150 (001-052-4160-1125 (001-052-4210-1125 (001-052-4210-1145 (001-052-4211-1125 (001-052-4220-1125 (001-052-4220-1150 (001-052-4310-1125 (001~052-4310-1150 (001-052-4330-1125 (001-052-4330-1150 (001-054-5311-1125' (001-054-5311-1150) (001-054-5313-1125 (001-054-5313-1150 (001-054-5314-1125 (001-054-5314-1145 (001-054-5314-1150 (001-054-5316-1125 (001-054-5316-1150 (001-054-5317-1145 (001-050-7110-1125 (001-050-7110-1145 (001-050-7110-1150 (001-054-7310-1125 $ 7,434 3O0 1,752 3,016 14,081 2,382 ( 2,345) 5,033 61 6,329 747 4,250 860 4,201 213 9,221 4,859 · 10,705 2,230 2,975 2,538 667 18 2,357 1,914 7,308 5,471 91) Hospitalization Insurance 92) Hospitalization Insurance 93) Hospitalization Insurance 94) Hospitalization Insurance 95) Unemployment Comp. Wages 96) Termination Leave Wages (001-002-8120-1125 (001-002-8123-1125 (001-052-8110-1125 (001-004-9110-1125 (001-004-9110-1145 (001-004-9110-1150 $ 768 56 1,800 ( 249,356) ( 31,020) ( 91,032) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. CITY OF ROANOKE, VA. {.:IT\l/ ~:i : ; iT June 7, 1993 JUN -1 P,!:24 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance Transfer of Appropriations for Employee Fringe Benefits The fiscal year 1992-93 General Fund included funds in the nondepartmental category for payment of hospitalization insurance, termination (vacation) leave and unemployment wages. These types of employee fringe benefits are budgeted in the nondepartmental category because annual charges for each department are difficult to accurately project. The actual costs are charged to the applicable department in anticipation of budget transfers to cover these costs. The attached budget ordinance transfers funds from the nondepartmental category to the applicable departmental budgets. A summary of the total transfers in the attached budget ordinance is as follows: GENERAL FUND Hospitalization Insurance Termination (Vacation) Leave Wages Unemployment Wages Total 249,356 91,032 31,020 371,408 A separate report to City Council is addressing the reallocation of budget funds for worker's compensation wages and medical payments. The attached budget ordinance will accomplish the required transfers and I recommend your approval. JDG:pac Attachment ~./~,~,~ (./Acting Direc;~or of Finance MARY F. PAI~ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Viri/nin 24011 Telephone: (703) 981-2541 Deputy City Clerk June 10, 1993 File #137=343 Mr. Benjamin O. Tayloe, President National Association for a Balanced Federal System P. O. Box 37 Montross, Virginia 22520 Dear Mr. Tayloe: I am enclosing copy of Resolution No. 31501-060793 urging the United States Congress to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to Congressional veto. Resolution No. 31501-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~.___~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc.' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance MARY F. PAitKF~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virth~ia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #137-343 The Honorable Robert W. Goodlatte Member of Congress 6th District, Virginia Room 214, Cannon House Office Building Washington, D. C. 20515 Dear Congressman Goodlatte: I am enclosing copy of Resolution No. 31501-060793 urging the United States Congress to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to Congressional veto. Resolution No. 31501-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'~inia 2~)11 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #137-343 The Honorable John W. Warner United States Senator Room 225, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Warner: I am enclosing copy of Resolution No. 31501-060793 urging the United States Congress to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to Congressional veto. Resolution No. 31501-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #137-343 The Honorable Charles S. Robb United States Senate Room 493, Russell Senate Office Building Washington, D. C. 20510 Dear Senator Robb: I am enclosing copy of Resolution No. 31501-060793 urging the United States Congress to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to Congressional veto. Resolution No. 31501-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. C-",, a.,,~.~ '"~.Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Ene. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31501-060793. A RESOLUTION urging the United States Congress to propose an amendment to Article V of the United States Constitution that will enable three-fourths of the states to amend the Constitution subject to Congressional veto. WHEREAS, Article V of the United States Constitution presently provides that amendments to the Constitution may be initiated by (1) two-thirds vote of both Houses of Congress or (2) by a constitutional convention called by Congress upon application of the legislatures of two-thirds of the states, in either case amendments being valid only when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states; WHEREAS, in a balanced Federal system as intended by the framers, the states and Congress should each have equal opportunity to propose constitutional amendments; WHEREAS, since the ratification of the Constitution in 1788, all thirty-three amendments have been proposed by the Congress; WHEREAS, the present mechanism for the states to propose constitutional other reasons, convention; WHEREAS, legislatures amendments has not proven viable because, among of the fear of a "runaway" constitutional it has been proposed that three-fourths of the state should be permitted to propose amendments to the Constitution which would become effective two years after their submission to Congress unless disapproved by two-thirds vote of both Houses of Congress; WHEREAS, this proposal does not abrogate either of the two existing methods of amending the United States Constitution nor does it make it easier to amend the Constitution; and WHEREAS, this Council is of the opinion that the present proposal will promote more balance in our Federal system of government, and Council desires to note its support for the proposed new method of amending the United States Constitution; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council endorses the following proposal as to amendment of the United States Constitution and requests the Congress of the United States to propose an amendment to Article V of the Constitution which would provide that: Whenever three-fourths of the Legislatures of the several states deem it necessary, they shall propose amendments to this Constitution. After two years from the date of receipt by the Clerk of the House of Representatives of a certified copy of the proposed amendments from the state which represents three-fourths or more of the several states, the proposed amendments shall be valid to all intents and purposes as part of this Constitution, unless disapproved by two-thirds of both Houses of Congress within that two-year period. Each state shall have the power to rescind its action to propose the amendments only until the beginning of that two-year period. 2. The Clerk is directed to forward attested copies of this resolution to the Honorable John Warner, United States Senator, the Honorable Charles S. Robb, United States Senator, and the Honorable Robert W. Goodlatte, Member, House of Representatives, and to Benjamin O. Tayloe, President, National Association for a Balanced Federal System. ATTEST: City Clerk. WILBURN C. DiBLING, JR. CiTY ATTORNEY CITY OF ROANOI E OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-g81-2431 TELECOPIER; 703-981-2940 June 7, 1993 '93 JU!!-3 P2:45 WILLIAM X PARSONS STEVEN J. TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CI~Y ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Proposed amendment of Article V of the United States Constitution Dear Mrs. Bowles and Gentlemen: At the April 5, 1993, meeting of City Council, Council had before it the proposal of the National Association for a Balanced Federal System that Article V of the United States Constitution ("Constitution") be amended to provide a new method of amending the Constitution. The proposal has the support of, among others, the General Assembly of Virginia, Virginia Municipal League, Council of State Governments, U. S. Conference of Mayors and National Association of Counties. Recognizing that proposals for the amendment of the Constitution should not be lightly considered, City Council referred such proposal to the City Attorney for review and report, and, after careful and deliberate review of this very important and also complicated proposal, I am pleased to provide this report for the information of Council. Article V of the United States Constitution presently provides for two methods by which the Constitution may be amended. First, upon two-thirds vote of both Houses, Congress may propose amendments to the Constitution. Second, upon application of the legislatures of two-thirds of the states, Congress shall call a constitutional convention for the purpose of proposing amendments. In either case, amendments are valid when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The proposal of the National Association for a Balanced Federal System is that three-fourths of the state legislatures would be permitted to propose amendments to the Constitution. Such amendments would thereafter be submitted to Congress and would become effective after two years unless disapproved by two-thirds votes of both Houses of Congress. Since the ratification of the Constitution in 1788, all thirty-three (33) amendments have been proposed by the Congress. The Honorable Mayor and Members of City Council June 7, 1993 Page 2 Although the framers of the Constitution recognized that in our federal system there should be two distinct methods of amending the Constitution (one method providing for initiation at the federal level and a second method providing for initiation at the state level), in practice the second method of initiating constitutional amendments has, in effect, been rendered null and void. The primary reason that the second method of initiation has little practical effect is the fear of a "runaway" constitutional convention that must be called by the Congress upon application of two-thirds of the state legislatures. The proposal of the National Association in no way repeals or abrogates the existing constitutional amendment mechanisms contained in Article V; it provides an alternative mechanism, not a substitute mechanism. It is not the intent of the present proposal to make it easier to amend the Constitution, but to allow the states to propose amendments without the fear of a constitutional convention which would have carte blanche to propose amendments. Indeed, the present proposal adheres to the principle that it should not be easy to amend the Constitution, imposing the requirement that three-fourths of state legislatures initiate proposed consti- tutional amendments whereas the current Article V provision requires applications from two-thirds of the state legislatures in order to trigger the amendment process. Furthermore, recognizing the need for balance in our federal system, the proposal provides for congressional veto upon two-thirds vote of each House. The current Article V provision, which requires a constitutional convention upon application of the legislatures of two-thirds of the states, does not reserve any veto power to Congress. The proposal to provide a new mechanism for amending the United States Constitution is founded upon the premise that the framers of the Constitution intended a proper balance of power and authority among national, state and local governments and that practice has shown our federal system to be out-of-balance. Congress has shown little interest in correcting the imbalance that has developed in our federal system. It has continued to extend the powers of the federal government and, at the same time, reduced aid to state and local governments, imposed new fiscal mandates, encroached upon state and local revenue raising powers and demonstrated inability to set its own fiscal house in order. Regrettably, our federal system has developed into a hierarchy in which state and local governments are routinely viewed as inferior levels. Although I, as a public official, lawyer and citizen, have regularly opposed substantive amendments that might lead to the trivialization of the Constitution, the current proposal is not The Honorable Mayor and Members of City Council June 7, 1993 Page 3 substantive, but procedural. Given that the proposal restores balance to the federal system without infringing upon either of the two current mechanisms for amending the Constitution or making it easier to amend the Constitution, I recommend that City Council endorse the proposal of the National Association for a Balanced Federal System. Council may memorialize its support by the adoption of the attached resolution. I shall be pleased to address any questions City Council may have in this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibl'/ng, Jr. City Attorney WCD:f Attachment cc: Benjamin O. Tayloe, President, National Association for a Balanced Federal System W. Robert Herbert, City Manager Mary F. Parker, 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: (703) 9~1-2M.1 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #184=189=429 Ms. Shelva S. Painter City Registrar Roanoke, Virginia Dear Ms. Painter: I am attaching copy of Ordinance No. 31502-060793 establishing a deferred compensation plan with ICMA Retirement Corporation on your behalf; establishing the amount of the City's contribution on your behalf; and authorizing the Director of Finance to execute a Joinder Agreement and other ancillary documents required to implement said ordinance. Ordinance No. 31502-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31502-060793. AN ORDINANCE establishing a deferred compensation plan with ICMA Retirement Corporation on behalf of the incumbent City Registrar; establishing the amount of the City's contribution on behalf of such officer; authorizing the Director of Finance to execute a Joinder Agreement and other ancillary documents required to implement this ordinance; and providing for an emergency. WHEREAS, the City has previously established for certain of its officers and employees a deferred compensation plan made available to the City and its officers and employees by the ICMA Retirement Corporation; and WHEREAS, the incumbent City Registrar is rendering valuable services to this City and its people, and City Council is desirous of deferring certain compensation to be contributed by the City on behalf of such officer to the ICMA Retirement Corporation Deferred Compensation Plan; THEREFORE, BE Roanoke as follows: IT ORDAINED by the Council of the City of 1. The incumbent City Registrar shall participate in the ICMA Retirement Corporation Deferred Compensation Plan. 2. The Director of Finance is hereby directed to pay to ICMA Retirement Corporation as deferred compensation on behalf of the City Registrar holding office on January 1, 1994, the amount of $1,700.00 for the calendar year commencing January 1, 1994, and for each calendar year thereafter so long as such Registrar shall hold office, such annual calendar year payment to be paid on January 1 of each calendar year or as soon thereafter as administratively possible. 3. In no calendar year shall the amount of deferred compensation contributed by the City to ICMA Retirement Corporation on behalf of the City Registrar exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax free basis annually. 4. The Director of Finance shall be authorized, for and on behalf of the City, to execute the Joinder Agreement and any other documents required by ICMARetirement Corporation to implement this ordinance. 5. 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. MARY F. PARKER City Clerk, CMC/AA~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, 5.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #2-166-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31503-060793 declaring City-owned property, identified as Lots 1 through 6, Block 3, Map of Waveriy Place, bearing Official Tax Nos. 4230301 through 4230306, inclusive, to be surplus; authorizing advertisement of such property for sale to the general public; and authorizing the sale of such property to the highest bidder. Resolution No. 31503-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, fO.~.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charies M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent Mr. Lynnis B. Vernon, Acting Manager, Recreation and PaPks/Orounds Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 1993. No. 31503-060793. A RESOLUTION declaring certain City-owned property identified as Lots 1 through 6, Block 3, Waverly Place, and bearing Official Tax Nos. 4230301 through 4230306, inclusive, to be surplus, and authorizing the advertisement of such property for sale to the general public, and authorizing the sale of such property to the highest bidder. BE 1. Place, 4230305 needs. 2. IT RESOLVED by the Council of the City of Roanoke as follows: City-owned property identified as Lots 1 through 6, Waverly bearing Official Tax Nos. 4230301, 4230302, 4230303, 4230304, and 4230306, is hereby declared to be surplus to the City's The City administration is authorized to advertise for sale to the general public and to sell by quitclaim deed to the highest bidder such property in accordance with the terms and conditions set forth in this resolution and in the report to Council dated June 7, 1993. 3. The successful bidder shall have all documents necessary to transfer title prepared in a form to be approved by the City Attorney. The City will not pay any portion of any development cost for providing public access or utility accommodations to this property. ATTEST: City Clerk. ??'47 Roanoke, Virginia June 7, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Surplus City-owned Property The attached report was considered by the Water Resources Committee at its meeting on May 24, 1993. The Committee recommends that Council declare Lots 1 thru 6, Block 3, Waverly Place surplus to the City's needs and authorize their sale to the highest bidder in accordance with conditions stated in the attached report. WRH:KBK:afm Attachment cc: Respectfully submitted, E eth T. Bowles, Chairman Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Manager, Grounds Maintenance CITY OF ROANOKE Interdepartmental Communication DATE: TO: FROM: SUBJECT: May 24, 1993 thruNr. erbert Surplus City-owned Property Background: City purchased six (6) lots at the intersection of 14th Street, S.E., and Gladstone Avenue, S.E. (a "paper" street) in 1936, 1938 and 1939 (see attached map). This property is identified as a quarry area on City records and it seems logical that it was purchased for that purpose. Quarrying operations terminated many years ago and the area was allowed to become overgrown. The quarried area has a vertical cut face and encroaches upon about half of the southerly end of the lots. Gladstone Avenue~ S.E. is an extremely steep location, has never been opened and, in all probability, could not be opened due to the terrain. Public facilities development, e.g, street, water, and sewer, would be very expensive and not likely to provide a return if the City participates in any of that cost. No current or future use for these lots is contem- plated by City staff except to act as a partial buffer screen to the Sewage Treatment Plant. As Gladstone Avenue, S.E. is unopened, none of the lots have useable frontage on an open public street, with the possible exception of Lot 1, which faces 14th Street on one side. However, that lot consists primarily of the exposed vertical edge of a limestone ridge which extends up through all six (6) lots south of and parallel to Gladstone Avenue, S.E. Members, Page 2 May 24, Water Resources Committee 1993 Assessed value of each of the six (6) lots currently applied by the Department of Real Estate Valuations is $500.00 per lot, for a total assessed value of $3,000.00. Lots are zoned RM-1. II. Current Situation: Interest in the acquisition of at least two (2) of the lots (Lots 5 and 6) has been expressed by an adjacent property owner. She may be interested in bidding on others and has also mentioned requesting that unopened portions of Gladstone Avenue, S.E. be closed. Sale of surplus City-owned property under current policy requires that City Council declare them surplus to the City's needs and authorize staff to advertise them for sale to the highest bidder. III. Issues: A. Need B. Timinq C. Cost to City D. Income to City E. Liability IV. Alternatives: Committee recommend to City Council that it declare Lots I thru 6, Block 3, Waverly Place, Official Tax Numbers 4230301, 4230302, 4230303, 4230304, 4230305, and 4230306 surplus to the City's needs and authorize the appropriate City officials to advertise them for sale to the highest bidder, stipulating however that the city will not pay any portion of any development cost for providing public accommodations to these lots, and said highest bidder to be required to have all legal documentation necessary to transfer title prepared in a form approved by the City Attorney. Members, Water Resources Committee Page 3 May 24, 1993 1. Need to return surplus real estate to tax rolls may be met. 2. Timing to make property available for sale when a potential buyer exists is met. 3. Cost to City is cost of advertisement. 4. Income to City is sale price of lot(s) and future tax revenue. Liability involved in ownership of property that has a high unprotected vertical rock cut on it is eliminated for City. Committee not recommend City Council declare Lots 1 thru 6, Block 3, Waverly Place surplus to the City's needs and authorize their sale to the highest bidder. 1. Need to return lots to tax rolls not met. 2. Timing to make property available when potential purchaser exists is not met. 3. Cost to City is zero. 4. Income to City is zero. Liability involved with ownership of property that has a high unprotected vertical rock cut on it remains. Recommendation: Committee recommend to City Council that it declare Lots 1 thru 6, Block 3, Waverly Place surplus to the City's needs and authorize their sale to the highest bidder in accordance with Alternative "A". KBK/RVH/kp Attachment cc: City Attorney Director of Finance Director of Public Works Manager, Grounds Maintenance 0// MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roznoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk June 10, 1993 File #60=468 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31504-060793 amending and reordaining certain sections of the 1992-93 Water Fund Appropriations, providing for appropriation of funds from Water Fund Previous Years' Retained Earnings to be used for overtime wages and chemicals. Ordinance No. 31504-060793 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, June 7, 1993. Sincerely, ~d-~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF RO~.NOKE, VIRGINIA The 7th day of June, 1993. No. 31504-060793. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Purification $ Personal Services (1) ................................. Other Charges (2) ..................................... 995,371 514,459 308,995 Retained Earninqs Retained Earnings - Unrestricted (3) .................... 17,795,639 1) Appropriations from General Revenue 2) Appropriations from General Revenue 3) Retained Earnings- Unrestricted (002-056-2170-1003) $ 27,000 (002-056-2170-2045) 52,000 (002-3336) ( 79,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. '93 MAY2? P2:,t7 Roanoke, Virginia June 7, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Water Fund Appropriations for Water Purification Accounts Overtime Wages and Chemicals The attached report was considered by the Water Resources Committee at its meeting on May 24, 1993. The Committee recommends that Council authorize the appropriation of $79,000 from Water Fund previous year's retained earnings with $27~000 to Water Fund Account 002-056-2170-1003~ Overtime and $52~000 to Water Fund Account 002-056-2170-2045~ Chemicals in accordance with conditions stated in the attached report. Respectfully submitted, WRH:KBK:afm Attachment cc: Water Resources Committee City Manager City Attorney Director of Finance Director of Utilities & Operations Water Department Manager INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: May 24, 1993 Mrs. Bowles and Members~.~er Resources Committee /~ ~hr~ ~..R~obert Herber~ty Manager /~lt-~.- Kiser, Director of Utilities and Operations SUBJECT: Water Fund Appropriations for Water Purification Accounts Overtime Wages and Chemicals II. Background: Additional water testing as required by the Safe Drinking Water Act performed by the Carvins Cove water analysis laboratory has caused an increase in overtime by the two lab personnel. Construction at Carvins Cove has required an increase in overtime by the operators who must double man the plant during temporary shut-downs and coordination with the construction while still producing water to meet demand. Above-average rainfall during the current fiscal year has caused a rise in turbidity (muddiness) of the raw water requiring increase in chemical feed rates at both Carvins Cove and Falling Creek filter plants with an accompanying increase in chemical costs. Current Situation: April 13, 1993 Water Fund Account Purification Overtime shows an annual expenditure rate of $34,500.00 is necessary to meet operating needs against an initial annual appropriation of $7,500.00. Also, Purification - Chemicals shows an annual expenditure rate of $214,818 is necessary against an initial appropriation of $162,818, all resulting from the reasons cited above. Funds need to be appropriated in the FY93 budget from Retained Earnings to cover over expenditures and funds needed through June 30, 1993 based on best available estimate of the spending rate for overtime and chemicals during that period. III. Issues: IV. A. Need. B. FundinG. C. TiminG. Alternatives: A. Council authorize the appropriation of $79,000 from Water Fund previous years' retained earnings with $27,000 to Water Fund Account 002-056-2170-1003, Overtime and $52,000 to Water Fund Account 002-056- 2170-2045, Chemicals. 1. Need for the funding to cover required overtime and chemical costs will be met. 2. Funding is available in Water Fund retained earnings. 3. ~ of funds requirement through the current fiscal year will be met. B. Council not authorize the appropriation of $79,000 from Water Fund previous years' retained earning~ with $27.000 to Water Fund Account 002-056-2170- 1003, Overtime and $52,000 to Water Fund Account 002-056-2170-2045, Chemicals· 1. Need for the funding to cover required overtime and chemical costs will not be met. Funding source would not matter. Timing of funds requirement through the current fiscal year would not be met and produced water would not meet drinking water standards. Recommendation: Implement Alternative "A" by appropriating $79,000 from Water Fund previous years' retained earnings with $27,000 to Water Fund Account 002-056-2170-1003, Overtime and $52,000 to Water Fund Account 002-056-2170-2045, Chemical__s. KBK:MCS:je cc: City Attorney Director of Finance