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HomeMy WebLinkAboutCouncil Actions 12-11-95MCCADDEN $2766 REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER December 11, 1995 3 :00 p. n~ AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. An Present. The Invocation was delivered by The Reverend Frank Saunders, Pastor, Mt. Zion African Methodist Episcopal Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: Public hearings will be conducted at the 7:00 p.m. session of City Council. o C-1 A special meeting of City Council, Roanoke Valley Legislators and the Roanoke City School Board to discuss the City's 1996 Legislative Program will be held on Monday, December 18, at 12:30 p.m., at the Roanoke Valley Graduate Center, 117 W. Church Avenue. PRESENTATIONS: Adopted Resolution No. 32766-121195 honoring W. Robert Herbert, City Manager, on the tenth anniversary of his service as City Manager. (7-0) File #80-104 Adopted Resolution No. 32767-121195 commending and congratulating the Patrick Henry High School Girls' Varsity Volleyball Team for an outstanding season, culminating in the team's State AAA runner-up status. (7-0) File #80-304-467 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A report of the City Manager requesting an Executive Session to discuss a matter involving acquisition of real estate for public purpose, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, and also concerning expansion of an existing industry where no previous announcement 2 C-2 C-3 C-4 ihas been made pursuant to Section 2.1-344 (A)(5), specifically acquisition of property for a public street that will serve an existing industry that is considering expansion. RECOMMENDED ACTION: File #2-132-20~ Concur in request for Council to convene in Executive Session. A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of a loan agreement for economic development purposes, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132-450 Concur in request for Council to convene in Executive Session. A report of the City Manager requesting Council's consideration of a proposed budget study schedule for fiscal year 1996-97. RECOMMENDED ACTION: Receive and file. File #60 A communication from Zaman K. McManaway tendering her resignation as a member of the Roanoke City Public Libra~ Board, effective immediately. RECOMMENDED ACTION: File #15-110-323 Receive and file the comm~mication and accept the resignation with regret. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: 'b. Request to address Council with regard to including Roanoke City retirees in the Cit3/s group health insurance program. Clarence R. Martin, Spokesperson. (5 minutes) Received and filed. File #58-429 Anmmi Report regarding activities of Total Action Against Poverty w/thin the City of Roanoke. Edwin R. Fein0ur, Chairman, TAP Board of Directors, Spokesperson. (5 minutes) Received and filed. File #109-226 Briefing by the Open Space/Greenways Steering Subcommittee. Lucy Ellett, Chairperson, and John R. Marlles, City representative, Spokespersons. (15 minutes) Received and filed. File #110-379 Mayor Bowers noted for the record that on November 28, 1995, Governor George Allen announced that the City of Roanoke was the recipient of one of 14 Enterprise Zone designations available, out of 40 applications submitted. File #200-266 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: 4 A report recommending adoption of an ordinance to amend Article III, public Vehicles (Taxicabs and For-Hire Automobiles)~ of Chapter 34, 3L~l~&fla211~, of the Code of the City of Roanoke (1979), as amended, to provide for certain changes in the regulation of taxicabs. Adopted Ordinance No. 32768-121195. (7-0) File #24-47-104 A report recommending execution of Amendment No. 1 to the Emergency Shelter Grant agreement with Roanoke Area Ministries regarding support of day shelter and homeless prevention activities; and transfer of $5,467.00 in connection therewith. Adopted Budget Ordinance No. 32769-121195 and Resolution No. 32770-121195. (7-0) File #60-72-236-351 A report with regard to environmental issues and project status relating to the proposed Roanoke River Flood Reduction, Roanoke River Sewer Interceptor, and Tinker Creek Sewer Interceptor projects. Concurred in the recommendation. File #27-237 A report with regard to dedicated fimding for mass transit and a reduction in the real estate tax rate. Adopted Resolution No. 32771-121195. (7-0) File 055-79 A report recommending acceptance of a grant, in the amount of $1,400.00, f~om the Virginia State Police "Help Eliminate Auto Theft (HEAT) Program"; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32772-121195. (7-0) File #5-236 6. REPORTS OF COMMITTEES: A report of the Legislative Committee recommending that Council endorse the 1996 Legislative Program for the City of Roanoke and commend said Program to the City's delegation to the 1996 Session of the General Assembly. William White, Sr., and John S. Edwards, Co- Chairpersons. Adopted Resolution No. 32773-121195. (6-1, Council Member Wyatt voted no.) File #132-137 7. UNFINISHED BUSINESS: None. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Adopted Ordinance No. 32774-121195 amending and reordaining Rule 1, ~g]~Ma~ill~, of §2-15, ~d~~lll~, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective January 1, 1996. (5-1, Council Member McCadden voted no, and Council Member Wyatt abstained) File #24-132 The matter of providing greater access to information by citizens of the City of Roanoke via televising City Council meetings on the public access channel, E-mail, computerization of City Council agendas, and publishing an information page in the local newspapers was referred to the City Manager for report to Council within 60 days. File #132-175-227-448 b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTION SESSION. (7-0) 7 REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER December 11, 1995 7:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. PUBLIC HEARINGS: A. Public hearing on the request of Frontier Associate, Ltd., that a tract of land located on Plantation Road, N. E., identified as Official Tax Nos. 3300104, and 3300108-3300111, be rezoned from C-I, Office District, to RM-2, Residential Multi-family District. Alton B. Prillaman, Attorney. Adopted Ordinance No. 32775 on first reading. (7-0) File #51 Public heating on the request of Kenneth L. and Michelle R. Taylor that a tract of land located at 4541 Shenandoah Avenue, N. W., identified as Official Tax No. 6040315, be rezoned t~om C-2, General Commercial District, to RS-2, Residential Single-family District, subject to certain conditions proffered by the petitioner. Roger Pauley and Ginger Murphy, Agents. Adopted Ordinance No. 32776 on first reading. (7-0) File #51 Public hearing on the request of Friendship Manor Retirement Community, Inc., that six tracts of land lying between 1-581 and Franklin Road, S. W., immediately west of the Roberts Road neighborhood, identified as Official Tax Nos. 1290105, 1290107, a portion of 1290108, 1290131, 5500111 and 5500112, be rezoned fxom RM-2, Residential Multi-family District, RS-3, Residential Single-family District, and C-2, General Commercial District, to RPUD, Residential Planned Unit Development District, and C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Charles R. Holcomb, Jr., Spokesperson. Adopted Ordinance No. 32777 on first reading. (7-0) File #51 Public hearing on the request of Habitat for Humanity in the Roanoke Valley, Inc., a Virginia non-stock, not for profit corporation, for adoption of a measure in support of tax-exempt status on real property located at 1701 Cleveland Avenue, S. W. David A. Camper, President, Spokesperson. Adopted Resolution No. 32778-121195. (7-0) File #79-137-169 Council Member White requested that the City Manager report to Council with regard to the number of tax exempt properties located within the City of Roanoke, the proper mix, and when the matter should receive further review by the Council. File #79-132 Eo Public hearing on the request of Crisis Pregnancy Center of Roanoke Valley, Inc., a Virginia non-stock, not for profit corporation, for adoption of a measure in support of tax-exempt status on real property located at 5034 Williamson Road, N. W. Ruth Fielder, President and Executive Director, Spokesperson. Adopted Resolution No. 32779-121195. (7-0) File #79-137-169 Public hearing with regard to a proposed amendment to the Roanoke City Charter of 1952, as amended, which amendment is infonnatively summarized as follows: Amend subsection (18) of Section 2, Powers o.f_th.e,_.O~, by adding authority for City Council to adopt an ordinance regulating or prohibiting the canying of handguns in City parks. Wilbum C. Dibling, Jr., City Attorney, Spokesperson. Adopted Resolution No. 32780-121195. (7-0) File #50-137-212 In view of the new Council meeting schedule, Council Member Wyatt submitted her resignation as Council's liaison to the Roanoke Redevelopment and Housing Authority. File #110-132-178 CERTIFICATION OF EXECUTION SESSION. (6-0, Council Member Wyatt was out of the Council Chamber.) l0 City Clerk's Office City of Roanoke, Virginia December 18, 1995 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Resolution No. 32766-121195 Resolution No. 32767-121195 Ordinance No. 32768-121195 Budget Ordinance No. 32769-121195 Resolution No. 32770-121195 Resolution No. 32771-121195 Budget Ordinance No. 32772-121195 Resolution No. 32773-121195 Ordinance No. 32774-121195 Resolution No. 32778-121195 Resolution No. 32779-121195 Resolution No. 32780-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, V~rginia December 18, 1995 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32768-121195 Budget Ordinance No. 32769-121195 Resolution No. 32770-121195 Resolution No. 32771-121195 Budget Ordinance No. 32772-121195 Resolution No. 32773-121195 Ordinance No. 32774-121195 Resolution No. 32778-121195 Resolution No. 32779-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Resolution No. Resolution No. Ordinance No. Resolution No. Resolution No. 32766-121195 32767-121195 32768-121195 32770-121195 32771-121195 Resolution No. 32773-121195 Ordinance No. 32774-121195 Resolution No. 32778-121195 Resolution No. 32779-121195 Resolution No. 32780-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, Decer, lber 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32769-121195 Resolution No. 32770-121195 Budget Ordinance No. 32772-121195 Ordinance No. 32774-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. ~'"~'~'1''~'Sincerely' Pa.,,-&.,,--- Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Budget Ordinance No. 32769-121195 Resolution No. 32770-121195 Ordinance No. 32774-121195 Resolution No. 32778-121195 Resolution No. 32779-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32768-12~195 Budg~ OrdinancaNo. 32772-121195 O~inanceNo. 32774-121195 Resolution No. 32780-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measure that pertains to your directorate: Ordinance No. 32774-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32768-121195 Resolution No. 32771-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, 7~_~.~.~.~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Phillip F. Sparks, Chief Economic Development Roanoke, Virginia Dear Mr. Sparks: I am attaching copy of the following measures that pertain to your department: Resolution No. 32778-121195 Resolution No. 32779-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Lori S. Spencer Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32769-121195 Resolution No. 32770-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Dr. E. Wayne Harris, Superintendent Roanoke City Public Schools Roanoke, Virginia Dear Dr. Harris: I am attaching copy of the following measures that pertain to the school system: Resolution No. 32767-121195 Resolution No. 32773-121195 Ordinance No. 32774-121195 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Pa,~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: June S. Nolley, Clerk of the Roanoke City School Board City Clert('a Office City of Roanoke, Virginia December 18, 1995 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32768-121195 Ordinance No. 32774-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 M. David Hooper, Chief Police Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32772-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32768-121195 Ordinance No. 32774-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trompeter and Judge Bounds: I am attaching copy of the following measure that pertains to the Juvenile and Domestic Relations District Court: Ordinance No. 32768-121195 The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Rcenoka, Virginia December 18, 1995 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measure that pertains to the Circuit Court: Ordinance No. 32768-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, ~ p~ ,--., Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable John L. Apostolou, Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge General District Court Roanoke, Virginia Dear Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge Broadhurst: I am attaching copy of the following measure that pertains to the General District Court: O~inanceNo. 32768-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32768-121195 Ordinance No. 32774-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32768-121195 Ordinance No. 32774-121195 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clark's Office City of Roanoke, Virginia December 18, 1995 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32768-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 18, 1995 Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measure that pertains tO your department: O~inanceNo. 32768-121195 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. If you have questions, please do not he.sitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32766-121195. A RESOLUTION honoring W. Robert Herbert, City Manager, on the tenth anniversary of his service as City Manager. WHEREAS, W. Robert Herbert, City Manager, observed the tenth anniversary of his service as this City's Manager on November 20, 1995; WHEREAS, Mr. Herbert's ten years of service as City Manager have been marked by unparalleled progress for this community and its people; WHEREAS, Mr. Herbert directed the City's response to and recovery from the terrible flood of 1985, and since that time has led the City's efforts to deal with storm water management in a proactive manner through construction of projects such as the $18 million Williamson Road Project as well as the Peters Creek Project consisting of clearing and channelization along with the detention basins; WHEREAS, Mr. Herbert has also provided the leadership instrumental to construction of infrastructure to meet the needs of the Roanoke Valley for years to come, including a new Terminal at the Roanoke Regional Airport completed in 1989, a new Regional Landfill, which will meet the needs of the Roanoke Valley for sixty years, and related Transfer Station completed in 1994, $31 million in water system improvements that will meet the City's water needs for forty years completed in 1995, and commencement of $40 million in improvements to the Sewage Treatment Plant and sewer interceptors; WHEREAS, Mr. Herbert has been a pioneer in encouraging citizen involvement in City government's decision making process, and the Roanoke Neighborhood Partnership is a national model of a successful citizen involvement program consisting of twenty-five neighborhood groups and three business partners; WHEREAS, Mr. Herbert played an instrumental role in the Hotel Roanoke and Conference Center Project which brought together a partnership of the City of Roanoke, Virginia Tech, Renew Roanoke, a private foundation, and Doubletree Hotels for renovation of the Hotel Roanoke and construction of a new, state of the art, adjoining, publicly-owned Conference Center; and WHEREAS, City Council takes great pride in the progress made by the City of Roanoke during Mr. Herbert's tenure as City Manager and desires to take special note of the tenth anniversary of his service; THEREFORE, BE IT RESOLVED by the Roanoke as follows: 1. City Council commendations to W. Robert anniversary of his service as City Manager. Council of the City of this extends its congratulations and Herbert, City Manager, on the tenth 2. The City Clerk is directed to resolution to Mr. Herbert. forward an attested copy of ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32767-121195. A RESOLUTION commending and congratulating the Patrick Henry High School Girls' Varsity Volleyball Team for an outstanding season, culminating in the team's State AAA runner-up status. WHEREAS, Patrick Henry High School Girls' Varsity Volleyball Team had an outstanding season in which the team was Roanoke Valley District Regular Season Champion, Roanoke Valley District Tournament Champion, and Northwest Region Group AAA Champion. WHEREAS, the Team completed the season with a 20 - 3 record, and the team was also the recipient of the VHSL USAir Sportsmanship Award. WHEREAS, on November 17 and 18, 1995, the team attained runner-up status in the Virginia High School League AAA State Volleyball Championship in Virginia Beach. WHEREAS, the team was the first Roanoke City Girls team to play in the finals ora State Championship. WHEREAS, Coaches Mam'y Swan, Curtis Fuller, Ruth Wilkinson, and Dean Barao, and the Patrick Henry High School G-ids' Varsity Volleyball Team through their exceptional perfOrmance and sportsmanship have brought great honor to the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of congratulating and commending the Patrick Henry High School G-iris' Varsity Volleyball Team on their outstanding season. 2. The City Clerk is dim:ted to forward an attested copy of this resolution to E. Wayne Harris, Superintendent of Roanoke City Public Schools and to EliTabeth D. Lee, Principal, Patrick Henry High School. ATTEST: City Clerk. December 11, 1995 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: This is to request that City Council convene in Executive Session to discuss a matter involving acquisition of real estate for public purpose pursuant to §2.1-344(A)(3), Code of Virginia (1950), as amended, and also concerning expansion of an existing industry where no previous announcement has been made pursuant to S2.1-344(A)(5), specifically acquisition of property street that will serve expansion. an existing industry that is for a public considering Respectfully submitted, W. Robert Herbert City Manager WRH:mcf December 11, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Dear Honorable Mayor and Members of Council: Request an Executive Session to discuss specific legal matters requiting the provision of legal advice by counsel, being the terms and conditions of a loan agreement for economic development purposes, pursuant to Section 2.1-344(A)(7), Code of Virginia, (1950), as amended. W. Robert Herbert City Manager WRH/kdc December 11, 1995 95-45 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Proposed Budget Study Schedule - Fiscal Year 1996 - 97 Dear Mayor and Members of Council: I am writing to advise you of the proposed budget study schedule for City Council for Fiscal Year 1996-97 as outlined in Attachment A. Based on this schedule, the operating budget can be adopted on May 13, 1996, which is a regularly scheduled meeting of City Council. The April 29, 1996 public hearing on the budget will, however, require a special meeting, since City Council meetings are held on the second and fourth Mondays of each month. I realize that these dates may change subject to City Council finalizing its meeting schedule. Please review this attachment and contact my office if any of our suggested dates conflict with your schedules. I request that City Council consider the proposed budget study schedule and take action on Monday, January 8, 1996 to formally approve the schedule, so that we may proceed with the budget preparation process in an expedient manner. WRH:DSA Attachments CC: Chairman, Roanoke City School Board Superintendent of Schools Assistant City Manager Budget Administrator City Attorney City Clerk Deputy Director of Finance Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Manager, Management and Budget Respectfully Submitted, W. Robert Herbert City Manager Date April 22, 1996 April 22, 1996 April 29, 1996 May 6 - 10, 1996 May 13, 1996 Attachment A PROPOSED BUDGET STUDY SCHEDULE FOR CITY COUNCIL FISCAL YEAR 1996-97 Bud,qet Preparation Activities Public presentation of Fiscal Year 1996 - 97 recommended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings on recommended budget and tax rates. City Council budget study work sessions. City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. Dear Mayor and Members of Council: The attached Calendar of Events for Budget Preparation Activities is provided as information to Council Members only. It is not part of the agenda package. CALENDAR OF EVENTS FOR BUDGET PREPARATION ACTIVITIES FISCAL YEAR 1996-97 Date November 30, 1995 December 11, 1995 December 11, 1995 December 18, 1995 January 5, 1996 January 8, 1996 January 16, 1996 Jan. 24-26, 1996 February 16, 1996 February 23, 1996 March 1, 1996 March 8, 1996 March, 1996 March 15, 1996 March 15, 1996 Budget Preparation Activities Preliminary revenue estimate for local taxes prepared by Director of Finance for School Administration. Instructions for Phase I of the budget process (preparation of goals and objectives) distributed to program managers by the Office of Management and Budget. Proposed budget study schedule for Fiscal Year 1996-97 forwarded to City Council. Governor presents State budget to General Assembly. Phase I budget packages due in the Office of Management and Budget. City Council adopts budget study schedule for Fiscal Year 1996-97. Preliminary revenue estimates for major revenue categories prepared by Director of Finance. Budget briefing sessions for program managers held; instructions for Phase II of budget preparation (budget instruction manual update, departmental budget planning figures, computerized budget forms and special budget instructions) distributed to program managers by the Office of Management and Budget. Phase II of program budget submittal packages due in Office of Management and Budget. Review of program budget submittal packages by the Office of Management and Budget staff for accuracy and completeness; packages retumed to program managers for any necessary corrections. Budget sessions for program managers and School Administration with Budget Preparation Committee begin. Budget sessions for program managers and School Administration with Budget Preparation Committee end. General Assembly completes work on State budget; impact on City budget determined. Preliminary revenue estimates updated by Director of Finance. School Administration budget received by City Manager. March 15 - March 29, 1996 April 5, 1996 April 18, 1996 April 22, 1996 April 22, 1996 April 22, 1996 April 22, 1996 April 22, 1996 April 22, 1996 April 29, 1996 May 8 - 10, 1996 May 13, 1996 June 14,1996 June14,1996 Work sessions with City Manager, Budget Preparation Committee and Directors to balance Fiscal Year 1996-97 budget. Recommended budgets balanced, including School Administration funding recommendation. Recommended budget document delivered to City Council members. Recommended budget computer printouts distributed to program managers. City Manager briefs department managers on recommended budget. Recommended budget documents distributed to program managers. City Manager's press conference to release recommended budget. Public presentation of Fiscal Year 1996- 97 recommended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspapers. Public hearings on recommended budget and tax rates - Civic Center Exhibit Hall (7:60 p.m.). ** Requires special meeting of City Council City Council budget study work sessions. City Council adopts General Fund, Special Revenue Fund - Schools and Proprietary Fund budgets and approves an annual appropriation ordinance. Adopted budget made available for public inspection. Adopted budget documents printed and distributed to program managers. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #15-110-323 Ms. Zaman K. McManaway 2515 Broad Street, N. W. Roanoke, Virginia 24012 Dear Ms. McManaway: Your communication tendering your resignation as a member of the Roanoke Public Library Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. On motion, duly seconded and unanimously adopted, your resignation was accepted with regret and the communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Public Library Board. Please find enclosed a Certificate of Appreciation and an aerialview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ms. Zaman K. McManaway December 14, 1995 Page 2 pc: Dr. Frank J. Eastbum, Chairperson, Roanoke Public Library Board, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Beverly James, Secretary, Roanoke Public Library Board Sandra H. Eakin, Deputy City Clerk 2515 Broad St., NW Roanoke, VA 24012 December 5, 1995 Beverly James, City Librarian Roanoke City Public Library 706 S. Jefferson St. Roanoke, VA 24016 Dear Ms. James: I regret to inform you that I must tender my resignation as a member of the Roanoke City Public Library Board effective immediately. I am relocating to Maryland. Should I return to Roanoke in the future I would be honored to serve on the library board again. Sincerely, aman K. McManaway ANNUAL REPORT TO ROANOKE CiTY CoUNcIL' ' by Ted Feinour Chairman of the Board Total Action Against Poverty 12/11195 Mayor Bowers, Ladies and Gentlemen of Roanoke City Council, Mr. Herbert and friends. I appreciate the opportunity to appear before you this afternoon on behalf of the Board of Directors of Total Action Against Poverty and the men, women and children who are struggling to climb out of poverty and stand on their own two feet. We would like to take this opportunity to report to you on the vital work of this agency which serves not only the City of Roanoke but the entire Roanoke Valley, the Alleghany Highlands, the City of Lexington and Rockbridge County. I think that most of you are aware that TAP is a large umbrella organization with many initiatives grouped around one central focus: Helping Iow income citizens become self sufficient. TAP, wherever possible, attempts to work with the total person, the total family and frequently with the community in which they live. Those who are caught in poverty's web frequently face many barriers. Among these are access to education and training, housing, health care and jobs. Since education is the most time proven avenue out of poverty, we are first and foremost an educational institution spending approximately 80% of our resources in the field of Head Start, Youth Remedial GED preparation, Adult Education and Training, and Entrepreneur Development. In this last year 807 Roanoke citizens received educational preparation through one of these programs. -1- TAP is also a housing corporation providing emergency and transitional living services to 375 Roanokers through the Transitional Living Center and our 5 Single Room Housing facilities in addition to weatherizing 49 homes, providing emergency repair to 13 houses and extending housing counseling and emergency relief to 88 city families. TAP also provides the Blue Ridge Housing Development Corporation which it created with staff services. This corporation has just been designated the Regional Consortium for programs of the Virginia Department of Housing and Community Development. Together with TAP, this corporation will be focusing on helping new home buyers qualify for, and obtain, home loans. TAP also serves this community as a community development organization helping more than 34 community based organizations and neighborhoods identify and solve their own problems. One of the exciting examples of this effort has been the development of a technical assistance team of bankers, an attorney, an accountant, City housing and Housing Authority personnel to help the Loudon Melrose organization deal with housing problems and realize opportunities in their neighborhood. We have helped that organization do a comprehensive survey of vacant lots, vacant housing, owner occupied and rental homes, overgrown lots and dilapidated housing. The group is currently working to reinstitute management of an abandoned housing complex that was subject to drug raids and in developing a home owner association. We believe that this is a model which can be utilized to help other neighborhoods with whom we work. TAP's community work to help provide the best possible fit between the renovated Hotel Roanoke and the Gainsboro community is a matter of record. TAP was very involved this year with the City in the development of the Enterprise Community Grant, which although unfortunately not funded, did assemble a great deal of information that can be utilized in other area grant requests. After the spinning off of TAP's innovative health care partnership, the Comprehensive Health Investment Program, TAP continues to be involved in health related concerns through the nutrition efforts of TAP's Second Harvest Southwest Virginia Food Bank. This year the TAP Food Bank worked with 104 agencies and organizations in the City of Roanoke to distribute 1,042,208 lbs. of food for 694,805 meals to iow income families in the city. Its prepared -2- foods program redistributed an additional 80,800 lbs. of food from local restaurants and helped another 2,431 Roanoke families through its Food Plus purchase program. TAP provides counseling and human services to many of the 5085 citizens and 1,220 families it serves in Roanoke City. Of particular note is our work with the 254 working Head Start parents, 59 Roanoke City jail inmates and 102 Roanokers who were state prison returnees served through the TAP Virginia CARES program, and the 295 women who have been victims of abuse and were involved in TAP's Women's Center. TAP's philosophy from the beginning has been to offer a hand-up and not a hand-out. Only the poor themselves can will themselves out of poverty. Yet what incites motivation is hope. It is the human touch of someone who cares that encourages a person to dream and then act to make those dreams come true. The testimony of thousands is that "TAP helped me to believe in myself and was there to encourage me when I had no one else". Finally, TAP plays an important role in the area of economic development. The renovation and reclamation of the shopping center at 19th and Melrose has been an important contribution to business in that depressed area. The Henry Street Music Center project renovating the Dumas Hotel to which TAP contributed $600,000 will play a key role in the future development of Henry Street. The Crystal Tower Building purchased by TAP and its ~affiliates this year is renovating both elevators in addition to past renovations of the seventh and eight floor and maintains a rate of 90% occupancy in downtown Roanoke. TAP's $4,684,000 of outside resources spent in Roanoke City has a $9,506,547 economic impact in this community with an estimated $551,139 of that ending up as local tax revenue. In addition to the property taxes of $28,306 paid by the 19th and Melrose corporation, the Crystal Towers Corporation and other TAP properties. I have given you a broad brush report on the work of TAP this year. This report covers only the work done in Roanoke City. Enclosed in your packet of information are the following: A report on Roanoke City programs partially funded through Roanoke city. -3- Additional TAP programs in Roanoke City for which TAP receives no city money. 3. Current TAP joint ventures with the City of Roanoke. 4. Our Economic Impact and Cost Savings Report for Roanoke City. 5. An up to date report on all services to Roanoke City low income citizens. 6. A copy of our last audit report. As always we are more than glad to provide the City Manager or City Council with any information in any format that is helpful to you in judging the contributions of this organization to the citizens of this city. For the last decade or longer we have been meeting with the internal budget committee of the City to establish goals, to report on last year's accomplishments, and to set the stage for each new year. We have been pleased to be a part of that accountability system established in large part by the City Manager. I am also glad to share with you four important current developments with which we are engaged. First, we have established an Education Commission of key people from the Roanoke Valley chaired by Dr. Anna Lawson to completely review all of TAP's education programs and to set the stage for what we should be doing for the next ten years. This will involve not only a critique of what presently exists but a look at the existing needs of those who have dropped out of the traditional systems and the existing resources that are available to meet those needs. We are pleased that the Director of Human Resources for Roanoke City, Glenn Ratcliff, is a member of that commission. Second, TAP will be launching next January an intensive family development program aimed at helping 100 iow income families move from poverty to self-sufficiency. We have hired doctoral student, Nancy Wingfield, to coordinate the staff training and the project. We are aware that much of the success of TAP participants is due to the caring relationship between staff and those seeking to improve their lives. We believe that by intensifying those relationships we can show even more sensational long term results. We believe that there will be money available at the state level to expand this pro,ram. We are the first community action agency in Virginia to actually begin this effort. Third, we are working with the Roanoke Department of Social Services to assist in the Welfare Reform effort and related matters. Currently we will be placing 100 AFDC recipients in work experience positions and are assisting another 40 with job search efforts. In addition, TAP employees processed 2,903 fuel assistance applications from Roanoke residents for Roanoke's DSS. We are also working with Roanoke Juvenile and Domestic Relations Court and DSS C~hild Support Enforcement to help unemployed noncustodial parents obtain employment and begin paying support through our pilot Options for Parental Training and Support program. Fourth, we will begin to break ground early next year on a modern ten .classroom Head Start Early Childhood Development Center at 702 Shenandoah Avenue. We were very fortunate to receive from HHS a grant of $400,000 towards the construction of that facility. In addition to providing a first class educational facility, it symbolizes TAP's remarkable recovery from that tragic fire six years ago. Finally, I am pleased to report that TAP's fiscal house is completely in order. Prior to serving as Chairman, I was Treasurer and Chair of the Finance Committee. For more than a year we have been operating a fully computerized fiscal system capable of generating balance sheets and important fiscal data on a daily basis. TAP has had a thirty year record of fiscal responsibility. It now has one of the best fiscal systems of any organization with which I have been associated. It is now my pleasure to let you hear first hand from three of the participants in TAP's varied programs. What they have done and are doing is what makes it all worth while. -5- EducaUon Emplovmenl Health Houshig and Neighborhoods Economic Development Crime Prevention Adult Basic Educatinn/ GED Preparalinn Alleghany Highlands Clerical Sk~Ils Community Ac iion and Outreach Comprehensive Health Center High Risk Drug Housing Counseling Housing Rehabililation HUD Counseling IMAGE Project DISCOV]?.RY Project lnfoTe(:h Project SUCCESS Roanoke County Sec tion 8 Southwestern Virginia Foodbank Employment Programs Transitional Living TAP/VA CARES Off~ncler Services Post Office Box 2868 Roanoke, Virgixda 24OO1-2868 (703) 345-6781 Fax (703) 345-4461 November 21, 1995 Mayor David Bowers and the Members of City Council City of Roanoke Municipal Building 215 Church Avenue, SW, Room 452 Roanoke, Vir~nia 24011 Dear Mayor Bowers and the Members of City Council: As the end of 1995 approaches, I am requesting to have the opportunity to make a formal report on the work of Total Action Against Poverty within the City of Roanoke. Please schedule some time on the December 11, 1995 Roanoke City Council Agenda. The Board of Directors' at TAP is very proud of the work we have accomplished in the last year and would like to take this opportunity to share it with you. Sincerely, Ted Feinour Chairman TAP Board of Directors TF/tb c: Bob Herbert City Manager Office of the City Manager December 6, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Re: Retiree Health Care Dear Mayor Bowers and Members of Council: City Council recently approved a council report regarding health insurance to initiate a process of reducing retiree health care rates over a period of three years. It is our intent to equalize retiree and employee health care rates over this period of time. Members of Council have also requested information about retirees under age 65 (Medicare ineligible who previously were offered coverage at retirement and rejected the opportunity) to participate in the City's retiree health care program because of the more affordable rates. After consulting with the City's health insurance provider, Trigon Blue Cross Blue Sheild, we believe that we will be able to provide this benefit to those retirees who previously rejected coverage without impacting established 1996 health care rates. We are currently awaiting a written verification from Trigon which would allow us to proceed. Assuming this request is approved, a number of enrollment issues will need to be evaluated before moving forward. I do expect, however, to begin offering coverage to this group no later than March 1, 1996. There will be a 15-21 day open enrollment period and communication on future enrollment options. When we have all of the information needed to make a decision, I will notify Council Members on how we plan to proceed. In the meantime, should you have any questions, please feel free to contact me. Sincerely, W. Robert Herbert City Manager WRH/dh CC: Mary F. Parker, City Clerk Kenneth S. Cronin, Manager, Department of Personnel Management Room 346 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 CITY OF ROANOKE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT INTERDEPARTMENTAL COMMUNICATION TO: FROM: DATE: SUBJECT: Mary F. Parker, City Clerk John R. ~ief of Planning and Community Development 11/28/95 Briefing - Open SpacedGreenways Subcommittee Please allow time on the December 11, 1995, evening agenda for a briefing from the Open Space/Greenways Subcommittee. This briefing will be done by Lucy Ellett and myself. Please give me a call if you have any questions. Thank you. /f DEC.-12'951TEE) 15:32 CITY MANAGERS OFFICE TEL:?03 224 3138 P. OOl Ofhce of the C~ty Manager November 29, 1995 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of Council: I am pleased to inform you that Roanoke City's Enterprise Zone Application was one of the recipients of the 14 zone designations available. The announcement was made by Governor Allen at a luncheon on November 28, 1995, during a housing conference in Hampton. Roanoke City successfully competed W~th over 40 applications submitted to win the desigr~ation. This is for your information only. Please call me should you have any questions or comments. Sincerely, W. Robert Herbert City Manager WRH/LLBIdh cc: Mary F. Parker, City Clerk Phillip F. Sparks, Acting Chief, Economic Development Room 346 Mumcipal Building 213 Church Avenue. SW Roanoke. Virginia 24011-159t (?03) 9111-2333 FAX (703) 224-3t38 DEC-12-J_gCJ% 14:4:1. ?03 224 31;~8 96X P.EI1 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #24-47-104 Evelyn Jefferson Vice-President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32768-121195 amending certain sections of Article III, Public Vehicles ~Taxicabs and For-Hire Automobiles), of Chapter 34, Vehicles For Hire, of the Code of the City of Roanoke (1979), as amended, such changes to require that a permit to operate public vehicles be obtained from the City Manager and setting forth the requirements for such permit and for revocation thereof; increasing the liability insurance required for operators of public vehicles; requiring public vehicles to have current state inspection stickers; requiring that operators of public vehicles be inside or in the immediate vicinity of their vehicles while occupying stands for public vehicles; prohibiting monitoring of radio dispatches for public vehicles; requiring posting of certain information inside public vehicles; requiring that each public vehicle be distinctively marked; and providing a penalty for violations of such Article. Ordinance No. 32768-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. I am also enclosing copy of Ordinance No. 32774-121195 amending and reordaining Rule 1, J~&~J~,E_E]~tJQg~, of §2-15, J~J~Z[J~, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective January 1, 1996; viz: the first Monday at 12:30 p.m., and 2:00 p.m., respectively, and the third Monday at 12:30 p.m., 2:00 p.m., and 7:00 p.m., respectively. Evelyn Jefferson December 14, 1995 Page 2 Please include Ordinance Nos. 32768-121195 and 32774-121195 in Supplement No. 35 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric, MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #24-47-104 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32768-121195 amending certain sections of Article III, Public Vehicles (Taxicabs and For-Hire Automobiles), of Chapter 34, Vehicles For Hire, of the Code of the City of Roanoke (1979), as amended, such changes to require that a permit to operate public vehicles be obtained from the City Manager and setting forth the requirements for such permit and for revocation thereof; increasing the liability insurance required for operators of public vehicles; requiring public vehicles to have current state inspection stickers; requiring that operators of public vehicles be inside or in the immediate vicinity of their vehicles while occupying stands for public vehicles; prohibiting monitoring of radio dispatches for public vehicles; requiring posting of certain information inside public vehicles; requiring that each public vehicle be distinctively marked; and providing a penalty for violations of such Article. Ordinance No. 32768-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Raymond F. Leven December14,1995 Page 2 I am also enclosing copy of Ordinance No. 32774-121195 amending and reordaining Rule 1, J~g~..t33~ig~, of §2-15, J~[~g~, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council, effective January 1, 1996; viz: the first Monday at 12:30 p.m., and 2:00 p.m., respectively, and the third Monday at 12:30 p.m., 2:00 p.m., and 7:00 p.m., respectively. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32768-121195. AN ORDINANCE amending Article III, Public Vehicles (Taxicabs and For-Hire. ~ of Chapter 34, ~ of the Code of the City of Roanoke (1979), as amended, by amending and reordaining §34.58, ~.qaili.Q~; §34.59, Authority for and pu~ose of article; §34-62, Violations of article ~enerall¥; §34.64, ~; §34-65, Liability_ ~; §34-66, Insoection: reoalr of unsafe vehicles and inaccurate taximeter,; §34-67, Adequate and efficient service req_uir~.l~ §34.70, Vehicle stands_' limitation on solicitin~ patronage; §34-91, R_gggti!~; §34-92, Filin~ and conte~ts ofannlication' §34-94, Investi_~ation of end hearino on anplication: tt~te_~ations and re_noR of cit3' m~n~o.~,, §34-97, Transfer: substitution Of vehicles; and §34-98, l~Iip. R; by redesig~ating Division 2. Cerri6este of Public Conveniep_q- and Necessity; by adding new §34-73.1, Monitorin~ of radio disgatcb~e~ §34.78, ~ i3fformation inside nublic vehicl~,- §34.93.1 Distinctive vehicle color scheme and m~rkin?s ~ and §34-99, ~ by repealing §34-68, Construction of body of taxicabs. §34.69, Maintenance ofvehic!~,~ §34-73, Violations of sections 34.67 through 34.72 or 34.80; §34.93, Notice of an?ication and hearin~ thereo[I; §34.95, Council action on applie~fioq~ and §34.96, Issuance; such changes to require that a permit to operate public vehicles be obtained bom the City Manager and setting forth the requirements for such permit and for revocation thereof, increasing the liability insurance required for operators of public vehicles; requiring public vehicles to have current state inspection stickers; requiring that operators of public vehicles be inside or in the immediate vicinity of their vehicles while occupying stands for public vehicles; prohibiting monitoring of radio dispatches for public vehicles; requiring posting of certain information inside public vehicles; requiring that each public vehicle be distinctively marked; providing a penalty for violations of such Article; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 34-58, ~ Section 34-59, Authority for and purpose of article' Section 34-62, Violations of article generally; Section 34-64, ~ Section 34-65, Liability insurance or l~Qnd; Section 34-66, Inspection: renalr of un~+'e vehicles and inaccurgto ~; Section 34-67, Adequate and efficient service reouirotl- Section 34-70, ~ limitation of solicitino patronag_e' Section 34-91, ]~lttJt.~; Section 34-92, ,~[lg.~l]ll~ lgP. P. iJtAgj~; Section 34-94, Investigation of and hearin~ on application: determinntions and renod l~,JtY..l~ilRgg~; Section 34-97, Transfer: substitution of vehicles; and Section 34-98, ~ Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: §34-58. Owner: The term "owner" shall mean and include any person who is the registered owner of a public vehicle or who is the purchaser of a public vehicle under a reserved title contract. Permit: The term "po~i,it" shall mean the permit granted by the City Manager to an owner of one or more public vehicles to authorize such owner to engage in the business of providing public vehicle service in the City. §34-59. Authori~ for and ouroose of article. This article is adopted under the general police powers granted to the City by its charter and general law. It is not intended hereby to grant or offer any franchise, but it is intended to regulate the operation of public vehicles in the City. §34-62. Violations of article generally. Any violation of any of the provisions of this article shall constitute a Class 3 Misdemeanor. §34-64. ~ Upon presentation of a permit issued pursuant to this article, within thirty (30) days of its issuance, and satisfactory evidence that all license fees have been paid to the City Treasurer and that the insurance policy or bond required by section 34-65 has been duly filed, the Commissioner of Revenue shall issue to the applicant a license for each and every vehicle specified in such permit; provided, however, that any such permit shall be effective until cancelled, and no additional permit shall be required for the purpose of obtaining licenses, so long as the original permit remains in effect. §34-65. Liability insurance or bon~J (a) No public vehicle shall be operated or license issued therefor unless the owner has filed with the City Manager a liability insurance policy issued by an insurance company authorized to do business in the state, providing for motor vehicle liability insurance with a combined single limit which shall equal or exceed the greater of.' (i) $125,000.00 or (ii) the amount of insurance required by the State Corporation Commission for operation ora taxicab as provided in Article 7 of Title 56 of the Code of Virginia, (1950), as amended. §34-66. Inspection, No public vehicle shall be operated in the City unless it shah bear a current and valid vehicle inspection sticker issued by the Commonwealth. §34-67. Adenuate and efficient service reauired Adequate and efficient public service shall at aH times be rendered by the operators of public vehicles in the City. §34-70. The City Manger may cause to be designated stands for public vehicles at such places within the City as, in his judgment, will best serve the convenience and necessity of the public. The operator of any public vehicle which is occupying a stand shall be inside or in the immediate vicinity of the public vehicle. §34-91. No license for the operation of a public vehicle shall be issued under Chapter 19 of this Code, nor shall any public vehicle be operated on the streets of the City, unless and until the City Manager has issued the requisite permit to the owner thereof. §34-92. Filin_~ and contents ofapt~lication. Application for a permit required by this division shall be filed with the City Manager and shall set forth: 2. 3. 4. 5. The name and address oftbe applicant. The trade name under which the applicant does or proposes to do business. Where the vehicles will be kept when not in use. The number of vehicles the applicant desires to operate. Whether the applicant has been convicted of a violation of any federal, state or municipal law. An agreement or stipulation that the applicant will operate and continue to operate during the period of time the permit shall remain in effect in accordance with applicable laws and regulations, as the same may, from time to time, be amended. Any other information required by the City Manager. §34.94. Investi~,ation of and hearing, on apnlication: determination of The City Mana~- shall make or cause to be made an investigation, including any bearing deemed desirable, as to each application for permit, and shall determin~ whether or not the applicant is a person of suitable character and qu~lications to conduct such business. In dctermining this latter question, the City Managel' may investigate the fitness of the officers and stockholders of any corporation making such application. If the City Manager determines that the applicant has met all applicable requirements of this Article and that the applicant is fit to provide such public vehicle service, the City Manager shall issue a single permit indicating the maximum number of vehicles which may be placed into operation by the owner. §34-97. Transfer. substitution of vehicles. No permit issued under this division shall be transferable to another owner, unless the City Manager shah determine, after such investigation as he deems appropriate, that the character and qualifications of the applicant transferee meet the requirements of this division. §34-98. A permit issued under the provisions of this article may be revoked or suspended for a specified period of time by the City Manager if the holder thereof has violated any of the provisions of this article or any ordinance of the City or any federal or state law, the violation of which reflects unfavorably on the fitness of the holder of the permit to offer public vehicle service. Prior to suspension or revocation, the holder shah be given reasonable notice of the proposed action to be taken and shah have an opportunity to present to the City Manager evidence as to why the permit should not be revoked or suspended. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended by redesignating Division 2. Certificate of Public Convenience and Necessi~ as: DMSION 2. PERMIT 3. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new Section 34-73.1, Monitorinu of radio dispatches; Section 34-78, Postin~ of information inside oubllc vehiel~. Section 34-93.1, Distinctive vehicle color scheme and maridno~ renui/~4; and Section 34-99, ~ §34-73.1. Monitorina of radio di.p*t~.h~, It shall be unlawful to have any radio frequency scanning or similar electronic devices in a taxicab. It shall also be unlawful to monitor radio communications between a dispatcher and a taxicab or between two or more taxicabs for the purpose of responding to a call for taxicab service without the permission of the participants to the communication or of the company by whom they are employed. §34-78. Postinw of information inside oublic vehi~!e~. Each public vehicle shah have posted, on the inside of the vehicle in a location and of such size as to be conspicuous to the passengers, the business office location and telephone number of the owner of the vehicle. §34-93.1 Distinctive vehicle color scheme and markinoa reouired (a) Subject to the approval of the City Manager, each owner shah adopt a color scheme or identififing markings for painting or identifying its taxicabs and shah file such identification, identifying design, monogram or other insignia thereof with the City Manager. The color scheme or identifying marking shall be distinct from that of any other owner's taxicabs. All taxicabs put into operation shall bear the color scheme or identification design, monogram or other insignias selected. Co) The name of the owner or the registered trad~ name shah be painted with permanent paint or appear on permanently affixed decals on both sides and rear of each taxicab, with letters 3" high or greater. The color to be used for lettering shah be in sharp contrast to the color or surface paint to which it is applied, so as to be easily visible at a reasonable distance, including at night with street lighting. §34-99. Any applicant who is denied a permit or any owner whose permit has been revoked may appeal such decision by filing a written Notice of Appeai with the City Manager within fiRean (15) calendar days of such decision. (a) Any such notice of appeal shall state the grounds for the appeal. Upon receipt of an appeal, the City Manager shall designate a person who did not participate in making the determination under review to hear the appeal. (c) The appeal shah be heard as soon as possible aRer receipt of the appeal, but in no event more than ten (10) business days aiter the filing of the appeal, unless the appeal officer and the aggrieved party agree to an extension of the deadline. (d) The appeal officer shall have authority to affirm, modify or reverse the City Manager's decision. The appeal officer shall announce his decision within five (5) business days after the hearing is completed. 4. Section 3468, Construction of body of taxicab,q; Section 34-69, ~ vg/_y_9_hi.c,~; Section 34-73, Violations of sections 34-67 through 34-72 or 34-80; Section 34-93, Notice of annlication and hearim, there~ff Section 34-95, Council action on application; and Section 34-96, Issuance, Code of the City of Roanoke (1979), as amended, are hereby repealed. 5. In order to provide for the usual 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 December 11, 1995 95-43. The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Change in Taxicab Ordinance A. Article III., "Public Vehicles (Taxicabs and For-Hire Automobiles)" of Chapter 34, Vehicles for hire of the Code of the City of Roanoke, (1979), as amended, provides for regulation of public vehicles, including taxicabs and for-hire automobiles. Bo Currently. the City Code requires that an individual who wishes to operate a taxicab or for-hire vehicle from a location within the City must obtain a certificate of convenience and public necessity (hereafter referred to as "Certificate"). ~l~XopliganI, at his own expense, must publish two notices in a local newspaper of a public hearing. After the public hearing is held. the City Manager must investigate and determine whether or not public convenience and necessity require the granting of a Certificate for operation of additional public vehicles in the City and whether or not the applicant is a person of suitable character and qualifications to conduct the business. IlltaloXLtt~ in the current procedure is for the applicant and any other interested parties to appear before City Council to be heard on the merits of the request. ~ only grant the Certificate if Council determines that no other certificate holders are willing and able to provide the additional service which is needed. H. CURRENT SITUATION Application for Certificate of Public Convenience and Necessity has been received from Sisson and St. Jacques Corporation operating under the trade name of Liberty Cab. The Honorable Mayor David A. Bowers, Mayor and Membem of Council December 11, 1995 Page 2 Bo Numerous other inquiries have been received in recent months regarding the procedure and/or requirements. ~e~fllLi~:lagex appointed a task force to review the current situation and to recommend any needed changes in the City Code provisions pertaining to taxicabs. The task fome was composed of representatives of the City Manager's Office, the City Attorney's Office, the Police Department, the Office of Economic Development and Valley Metro. Do Illg_tiask_f. Oi~ has recommended that the City Code be revised to provide that the City Manager may issue a permit to qualified applicants who wish to provide taxicab service from within the City. E. A survey of 10 localities to determine the most effective and efficient method of regulating taxi cabs and for hire vehicles has been completed. Ownem of Yellow Cab, our existing taxi cab company, and Liberty Cab, the petitioning taxi cab company, have both reviewed the proposed code changes and are in agreement with the proposed changes. G. ~IL~ilJ/I:glII~Ir~ has the effect of minimizing competition between the current provider and other potential providers of taxicab service in the City. A. Application Process Time~ C. Public Convenience/Service ~ D. Competition among providers. IV. ALTERNATIVES City Council approve the attached ordinance amending the City Code by incorporating the changes described below. Recommended Changes: The Liability Insurance for public vehicles has been increased from $25,000/$50,000 to $125,000 or the amount of insurance required by the State Corporation Commission, whichever is greater. Public vehicles will be inspected by the Commonwealth in accordance with the normal inspection process. The Honorable David A. Bowers, Mayor and Members of Council December 11, 1995 Page 3 To prevent unfair competition, taxicabs will be prohibited from having radio frequency scanning or similar electronic devices, and it will be unlawful for one taxicab company to monitor dispatches made by another company. Each public vehicle will be required to have posted inside the vehicle the business office address and telephone number of the owner of the vehicle so that members of the public will have ready access to this information. Each public vehicle company will be required to have distinctive markings or color schemes which are dissimilar from those used by other public vehicle companies. All applicants who meet the City Code requirements to operate a public vehicle shall be entitled to a permit issued by the City Manager after appropriate investigation and, if deemed necessary, a public hearing. The City Manager shall have the authority to revoke or suspend a public vehicle permit for violations of the City Code or other laws. If an applicant is denied a permit or an owner's permit has been revoked, the individual may appeal the decision to a designee appointed by the City Manager who has not participated in the earlier determination. Application process time would be greatly enhanced for the applicant since a public hearing and City Council approval would not be required. would not be compromised. Public convenience and servia, would be increased as companies compete for ridership. 4. Competition among providers will increase. City Council not approve the changes to Article III of the City Code. 1. Application process time would continue to be lengthy, involving a Public Hearing and City Council action. 2. ~ would not be impacted. 3. Public convenience and servi~-~ would remain at it present level. 4. Competition among providers would not be enhanced. The Honorable David A. Bowers, Mayor and Members of Council December 11, 1995 Page 4 RECOMMENDATION is that City Council concur in Alternative "A" and approve the attached ordinance amending the City Code by incorporating the changes described above. WRI-Ukdc cc: City Attorney Director of Finance Director of Public Works W. Robert Herbert City Manager MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #72-236-351 The Reverend C. Nelson Harris President Roanoke Area Ministries Ridgeway Baptist Church 703 Hemlock Road, N. W. Roanoke, Virginia 24017 Dear Reverend Harris: I am enclosing copy of Resolution No. 32770-121195 authorizing the City Manager to execute Amendment No. 1 to the Agreement with Roanoke Area Ministries to increase the budget for its day shelter and homeless prevention activities, upon certain terms and conditions. Resolution No. 32770-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of December, 1995. No. 32770-121195. VIRGINIA, A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement with Roanoke Area Ministries to increase their budget for its day shelter and homeless prevention activities, upon certain terms and conditions. BE follows: 1. the City IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the Agreement with Roanoke Area Ministries, in form similar to Amendment No. 1 which is attached to the City Manager's report dated December 11, 1995, to this Council, which amendment provides for an increase in the budget for its day shelter and homeless prevention activities. 2. The form of the amendment shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The llth day of December, 1995. No. 32769-121195. AN ORDINANCE to amend and reordain certain sections of the 1995-96 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 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: I o iatio Health and Welfare Emergency Shelter Grant FY94 (1-4) ................ 1) TRUST 2) TAP Homeless Intervention 3) Blue Ridge Community Services 4) RAM House (035-054-5170-5251) $ ( 215) (035-054-5170-5254) (3,350) (035-054-5170-5255) (1,902) (035-054-5170-5252) 5,467 $ 1,782,398 61,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 11, 1995 95-44 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Background: Amendment No. 1 to the 1995-96 Roanoke Area Ministries (RAM) Emergency Shelter Grant (ESG) Agreement Since 1987. the City of Roanoke has received annual allocations ofESG fttndn from the U.S. Department of Housing and Urban Development (HUD). These funds are to be used to support programs which assist homeless individuals and families and for homeless prevention programs. The City of Roanoke received $61.000 for the 1994-95 fiscal year and $82.000 for the 1995-96 fiscal year. These funds were fully allocated to agencies that provide assistance to homeless populations for the time period of July 1, 1994, to June 30, 1995 and July 1, 1995, to June 30, 1996. $5.467 was not expended of the 1994-1995 ESG allocation. Three agencies did not fully expend the total amount of funds allocated to their agencies by June 30, 1995, the required deadline specified by agreement. D. HUD requires that these funds be fully expended by March 21, 1996. City Council a_nproved the execution of an Aereement with RAM House for utilizing 1995-1996 ESG funds by Resolution No. 23556-071095 on July 10, 1995. This Agreement is in effect for the time period of July 1, 1995, to June 30, 1996. Roanoke Area Ministries provides a day shelter (RAM House) for the homeless seven days each week. Additionally, Roanoke Area Ministries provides homeless prevention services. II. Current Situation: RAM House's maintenance fee increased after RAM's request for 1995-1996 ESG funds was made to the City. RAM is also now coordinating homeless prevention services for the tenants who used to reside at Justice House. Roanoke Area Ministries has requested ca~_ -over 1994-1995 ESG funds to be added to the current 1995-1996 ESG Agreement for support of RAM House by letter dated August 17, 1995. III. IV. Amendment Page 2 The City Manager's Committee on Homelessness approved RAM's request and recommended that $5,467 in ESG funds be granted to RAM for costs associated with the support of RAM House and for homeless prevention services. An Amendment is necessary to the 1995-96 Agreement with the RAM House to: 1. Increase their budget by $5.467. 2. Include homeless prevention services in the Scope of Services. 3. Require RAM House to provide documentation to the City of the expenditure of match funds in the additional amount of $5,467. Issues: B. Funding C. Match D. Timing Altematives: Authorize the City Manager or the Assistant City Manager. to execute, and thc City Clerk to attest, the attached ESG Amendment No. 1, to the Agreement with Roanoke Area Ministries regarding support to its day shelter and homeless prevention activities, in a form acceptable to the City Attorney and approve the transferring of a total of $5~467 of ESG funds to account 035-054-5170-5252 from the following accounts: $ 215 from account 035-054-5170-5251 $3,350 from account 035-054-5170-5254 $1,902 from account 035-054-5170-5255 Cost to the City will be nothing. The 1994-1995 ESG funds are available and need to be expended on homeless or homeless prevention activities. 2. Funding is available in the fiscal year 94 ESG grant. Required match for the ESG funds in the total amount of $19.807 will be provided by RAM and will be a requirement included in the Amendment to the 1995-1996 ESG Agreement. Timing is important. If the 1994-1995 funds are not expended by March 21, 1996, the City may be required to return the funds to HUD. Amendment Page 3 Do not authorize the City Manager or the Assistant City Mana~,er to exec~l~, Amendment No. ! to the Agreement with RAM House regarding support for its shelter and homeless prevention activities and do not approve transferring of a total of $5~467 of ESG funds. 1. Cost to the City will not be an issue. ~ may need to be returned to HUD in the amount of $5,467 if not expended for homeless or homeless prevention activities. 3. Match would not be an issue. Timing would still be an issue. Funds may need to be returned to HUD if not expended by March 21, 1996. Recommendation: Adopt Alternative A thereby authorizing the City Mana~,er or the Assistant City Manage, to execute, and the City Clerk to attest, the attached ESG Amendment No. 1, to the Agreement with Roanoke Area Ministries regarding support to its day shelter, in a form acceptable to the City Attomey and transferring of a total of $5.467 of ESG funds to account 035-054-5170-5252 from the following accounts: $ 215 from account 035-054-5170-5251 $3,350 from account 035-054-5170-5254 $1,902 from account 035-054-5170-5255 WRH/LSS CC~ Assistant City Manager City Attorney Director of Finance Director of Human Development Human Development Coordinator ()ffice of Grants Compliance Executive Director, Roanoke Area Ministries Respectfully submitted, W. Robert Herbert City Manager Amendment No. 1 to 1995-1996 Contract for Services THIS AMENDMENT, entered into this day of ,1995 by and between the CITY OF ROANOKE (Grantee) and the ROANOKE AREA MINISTRIES (Subgrantee). WHEREAS, the Grantee and the Subgrantee have, by a Contract for Services under the Emergency Shelter Grant program, dated August 17, 1995 ("Agreement"), contracted for the provisions of certain services by the Subgrantee in relation to the support of its day shelter; and WHEREAS, there is a balance of $5,467 remaining in carry-over ESG funds from the City's 1994-1995 allocation; and WHEREAS, the Homeless Committee has approved the request by RAM and the transfer of the remaining balance of $5,467 to the current 1995-1996 ESG Contract for Services with RAM dated August 17, 1995, to provide additional support for costs associated with its day shelter and homeless prevention activities; NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend the Agreement: Paragraph 1, shall read as follows: The Subgrantee will provide a day shelter for the homeless seven days each week. At the shelter facility, the Subgrantee will provide a daily meal, mental health counseling (on- site) through the Blue Ridge Community Services and assistance with finding permanent housing. The Subgrantee shall provide picture "IDs", the use of a washer and dryer, and mail services for their guests. Guests will be called upon to participate and help with the daily shelter related tasks when they are able. Also, the Subgrantee shall provide up to two months of rental or utility payment assistance through the Subgrantee's Homeless Intervention Program to at least seven (7) clients or families, who are "at-risk" of becoming homeless and who demonstrate the capacity to become self-sufficient and maintain their existing housing. The homeless prevention funds must be fully expended by RAM by February 29, 1996 and a final invoice submitted to the City of Roanoke for these expenditures by March 8, 1996. Thc homeless prevention program will be administered in accordance with the attached project guidelines (See Attachment II). Paragraph 3, shall read as follows: 3. The total ESG budget for the Subgrantee shall be $19.807. Maintenance Utilities Homeless Prevention Activities $13,655 900 5.252 TOTAL $19,807 The Subgrantee must expend all funds for the homeless prevention activities by February 29, 1995. The Subgrantee will provide a minimum of $19,807 in matching funds from a Federal Emergency Management Agency (FEMA) Grant and other donations. Subgrantee shall submit verification of the receipt of the FEMA Grant to the Grantee by August 30, 1995. Verification of the amount of the donations and the sources shall be submitted to the Grantee in the monthly report as detailed in Paragraph 9. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. ATTEST CITY OF ROANOKE Mary F. Parker, City Clerk City Manager/Assistant City Manager SUBGRANTEE Witness APPROVED AS TO ESG ELIGIBILITY Wendy Moore, Executive Director Roanoke Area Ministries APPROVED AS TO FORM Office of Grants Compliance APPROVED AS TO EXECUTION Assistant City Attorney APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Account No. M~RY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #27-237 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to environmental issues and project status relative to the proposed Roanoke River Flood Reduction, Roanoke River Sewer Interceptor, and Tinker Creek Sewer Interceptor projects, was before the Council of the City of Roanoke at a regular meeting held on Monday, .December 11, 1995. On motion, duly seconded and unanimously adopted, Council concurred in the recommendation. MFP:sm pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer December 11, 1995 Report No. 95-346 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Environmental Issues and Project Status: Proposed Roanoke River Flood Reduction, Roanoke River Sewer Interceptor, and Tinker Creek Sewer Interceptor Backqround: Current policy relating to property acquisition and environmental audits relating thereto was established pursuant to the attached report dated July 26, 1993. Roanoke River Flood Reduction project has been mired down by site environmental assessment issues since at least February 1991. Thus far, this process has accounted for a four and one half (4 1/2) year project delay. City Council has received many reports and briefings and approved many contracts relating to this effort. A copy of the latest report and requested contract amendment, dated March 27, 1995, is attached hereto. Ce The Comprehensive Environmental Response~ Compensation~ and Liability Act ("CERCLA" or "Superfund") imposes liability for the release of a hazardous substance. In the flood reduction and sewer projects, the City has potential liability as an owner of land on which there is a release or as an operator causing a release. The City attempts to avoid liability as an owner by: Conducting environmental site assessments to identify environmental risks in property to be acquired. (1) If an owner does not know of and has no reason to know of contamination, then the owner can avail himself of the innocent landowner defense to federal environmental liability. Page (2) The defense is usually not available to an owner who is involved in a release, such as where the owner's contractor causes a release. Acquiring easements, rather than a fee simple interest in real property, may allow the City to avoid liability as an owner. o As an operator, the City can incur liability for a release even on property in which the City has no ownership. If a City contractor causes a release on property on which the City has an easement, the City and the landowner will be jointly and severally liable for the release. When the City is involved in a release as an operator, the innocent landowner defense is usually not available. Environmental site assessments and testing can be helpful in avoiding releases of hazardous substances by trying to avoid contaminated areas. Furthermore, should the City become involved with a release of a hazardous substance during these projects, such assessments and testing can be a mitigating factor in allocating the amount of response cost that might be assessed against the City, assuming that there are other parties that are liable and able to pay for such response costs. EPA has evaluated test data obtained by the City's Flood Reduction Project Environmental Consultant and, based on that data, tested 18 sites themselves and have taken clean-up action on two (2) sites. "Clean-up" of the two EPA required sites are expected to occur by the end of 1995 and mid-1996. EPA has advised they will not sign-off on these two sites, however, since they do not know if their clean-up standards will ever change or if some other contaminant will be found. U. S. Army Corps of Engineers (COE) has recently confirmed in writing that, although the City must obtain the property interest necessary for the Flood Reduction Project, the COE will include at project cost (95% federal, 5% local) the cost of any special Page 3 handling needed for non-hazardous waste that is encountered by the COE construction contractor on the River Project. See attached letter of understanding executed by James T. Carper· A non-hazardous waste is that material considered by a regulatory agency to be something other than "dirt" but not hazardous. A waste so defined may have to be disposed of in a regulated sanitary landfill. Go Special handlinq of hazardous waste or special wast~ relating to the Roanoke River Sewer Interceptor or the Tinker Creek Sewer Interceptor projects will be born by the City and the other contracting local governments. Cost of contractor environmental assessments, site assessments, site mitigation plans, and increasing project costs due to delays in attempting to obtain a sign-off on such assessments and plans will also be born by the local governments. Virginia Department of Environmental Quality (DEQ) is experiencing staff turnover and reductions. II. Current Situation: A. Roanoke River Flood Reduction Project statu~: Environmental testinq of hazardous waste and Phase II B testing is continuing as we are able to obtain right-of-entries. Phase II B testinq will determine the nature and extent of waste which may be considered special and need special handling by DEQ. 3. Former project manaqer for COE retired last month. Current (and likely temporary) project manaqer for the COE is the former Project Engineer. 5. COE headquarters has advised District Commander to plan for a 1 in 4 staff reduction plus virtual elimination of new starts (new projects) and a slow down or placement-on-hold of existing projects due to federal cut backs. Project needs to include the two sites currently undergoing clean-up action deemed appropriate by EPA or the project is likely dead due to these being critical parcels according to former COE project manager. Page 4 Option of proceedinq or not proceedinq on this project remains open to Council largely in how the project, its cost and benefits are developed. Roanoke River Sewer Interceptor Project status: Landowners are havinq troubl~ separating this project for ESA purposes from the Flood Reduction Project. A design aliqnment needs to be determined as soon as possible to keep from incurring increasing construction cost if only due to inflation. If our experience with the Flood Reduction Project proves applicable to this interceptor project, it could be years, or never, before we have an agreed upon alignment where all regulatory agencies sign off on an alignment environmental impact statement. We have a wealth of test data for many parcels due to the duality of this project with the Flood Reduction Project. City already has an existinq Roanoke River sewer interceptor located along the river. No or very little option exists for the City regarding whether or not to proceed with this sewer enlargement project. Tinker Creek Sewer Interceptor Project: A desiqn aliqnment needs to be determined as soon as possible. Four (4) former landfills exist along the project alignment area. Design consultant has advised that all potential easement areas be tested for environmental site assessments, including already owned City parcels and known landfill sites. Staff is not in agreement with this recommendation because additional testing has limited usefulness when there are no alternative routes for a project and the applicable state agency declines to establish standards based on this testing. Page 5 Policy decisions are needed regarding: Should the City insist on continued Phase II B testing for the Flood Reduction Project beyond testing required by COE since any handling of special waste will be a provision in a contract between the Federal Government and a contractor with the City being liable for 5% of these costs? Requirements for site assessments and special handling could logically be negotiated between the Federal Government and the State Government rather than between the State Government and Roanoke City. What is the extent of additional environmental testing needed for the Roanoke River Interceptor Project? Application of the City's policy, copy attached, for easements needed for the Tinker Creek Interceptor project. That policy would allow the City's Environmental Officer to walk the proposed alignments and make determinations as to what areas to avoid, where to require testing and where not to test. III. Issues: City's willingness to incur a property right, in parcels previously subject to EPA directed clean- up activities. A. Project success B. City Liability C. Enforcement Action D. Regulatory Agency Sign-offs E. Federal Project vs. Local Project F. Regulatory Agency Staff Cut Backs and Turnovers G. Timing IV. Alternatives: A. Council approve the following policy directions: Page 6 o Staff advise COE the City is prepared to take the following action relative to the Flood Reduction Project. Acquire easements in the two properties undergoing clean-up actions by EPA. City is ready to begin acquiring property interest--subject to final approval and funding by Congress on any property excepting properties that have been determined to be contaminated by hazardous waste at any time the COE is satisfied with the extent of Phase II B testing and the Federal Government feels it has any needed guidance regarding special waste from the State governmental agencies. ii. Desiqn the aliqnment of the Roanoke River Interceptor Project to avoid any known area of hazardous waste, otherwise proceed with due diligence leaving it to the City's Environmental Officer as to what additional testing may be required. iii. ADDi¥ the City's current policy for ESA's to the Tinker Creek Project. Pro~ect success will be enhanced. City liability cannot be quantified on any of the subject projects, unless it were possible to obtain a full and complete site assessment and remediation plan agreeable to and signed off by both EPA and DEQ, which will probably not happen. Enforcement action will be the result of what's encountered, who can evaluate the nature of any material encountered and determine the parties responsible. Requlatory Aqency siqn-offs will no longer be pursued up front since it is now recognized/suspected that process would continue to be extremely time consuming if indeed it would be possible to obtain same in the current regulatory agency environment. Page 7 Federal Project vs. Local Project - This alternative would shift the emphasis for decision making regarding special waste handling, if any, from the Local Government (City) to the Federal Government (COE/EPA). Regulatory Agency staff cut-backs and turnover is recognized as even more important both in trying to get regulatory approval up front on environmental matters and in trying to get the Flood Reduction Project moving again before it is too late. Timing would be enhanced over the current approach of attempting to reasonably qualify and quantify hazardous or special wastes and potential liability issues prior to acquiring property interests. We would be relying more on judgement than on quantifiable facts since those quantifiable facts seem to ever elude us. Continue the current policy of attempting to reasonably qualify and quantify hazardous and special wastes and potential liability issues in suspected contaminated areas and obtaining regulatory sign-offs prior to acquiring property rights and initiating project construction. Project success, particularly for the Flood Reduction Project, remains a question. Project cost increase is assured. City liability may be better identified/quantified some time in the future. Enforcement action is a tough issue to address. Enforcement action may continue to be taken by EPA on private or public property owners if hazardous wastes are encountered and duly reported. Enforcement action possibility after and if construction begins is diminished. Regulatory Agency sign-offs regarding environmental issues will continue to be pursued. Federal Project vs. Local Project issue means the City will continue to attempt to judge the extent of Phase II B testing needed for the Flood Reduction Project. Page 8 Regulatory Aqency staff cut-backs and turnovers will continue to make it difficult to find the person(s) responsible for making a decision and obtaining anything other than a decision based on the strictest regulation/agency policy. Timinq means these projects will continue to be delayed indefinitely. Recommendation: Council decide the three subject projects are so vital to the health, safety and welfare of our citizens that it is willing to take an unquantifiable risk of potential liability by proceeding under the policy outlined by Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Greg Reed, Project Engineer, Flood Reduction Project Phil Schirmer, Project Engineer, Sewer Interceptor Projects Members, Flood Plain Committee Roanoke, Virginia July 26, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Acquisition - Environmental Audits Background: Property acquisition for the purpose of this document includes any property interest, e.g. fee simple, easements, rights-of-way, leasehold interests, etc. T~DeS of real property transactio-= typically engaged in by the City are: 1. Lessee of Property Lessor of Property Right of Entry for inspection, survey, and/or construction Easement on property on which another easement is already owned Easement on property on which no other interest is already owned Easements needed for which the City has an option as to whether or not to proceed Easements needed for which the City has no practical option as to whether or not to proceed Easements in anticipation of land disturbance or excavation Easements in anticipation of a right-of-way or above surface clearing only with no or minimal land disturbance 10. Fee simple acquisition where no other property right, e.g. easement, exists Page 2 11. Fee simple acquisition where other property right, e.g. easement, exists 12. Property interest adjacent to property suspected of being contaminated 13. Property interest adjacent to property not suspected of being contaminated 14. Property interest donated to the City as part of a subdivision or other development with no land disturbance or excavation immediately prior to donation, e.g. an easement for a future utility pipe or a drainage right-of-way 15. Property interest donated to the City as part of a subdivision or other development immediately following land disturbance or excavation, e.g. a street or utility easement after construction is completed 16. Various combinations of the above examples Environmental site assessments are typically completed in three (3) phases after a preliminary evaluation. Preliminary evaluation - Walk over which indicates if there has been any substantive hu~n activity on site or adjacent sites or a site that has already been stripped to undisturbed earth. 1. Phase Chain of title search for a period of at least 60 years to determine prior owners and uses of property· Review historic data from transferor, Tax Assessor, Fire Marshall, Building Inspector, state and federal agencies. Conduct walk-through survey of site and buildings on site. Page 3 Check for asbestos in buildings built prior to 1978. 2. Phase II (when recommended based on Phase I data) Additional research and testing (e.g. radon testing, ground water & ·oil testing). Conduct very detailed and specific investigation. 3. Phase III (if required) · Develop remediation plan. · Usually requires regulatory approval. Environmental laws that potentially place liability on the purchaser in land acquisitions are: Comprehensive Environmental Response~ Compensation and Liability Act of 1980 (CERCLA); 42 U.S.C. Sections 9601-9657 (1982 and Supplement III 1985) a) Imposes liability on organizations and persons which may have caused environmental problems with hazardous substances (excludes petroleum products)· Potentially responsible parties include owner, generators, transporters, and lenders (management or foreclosure). b) Liability may be imposed without regard to fault and is usually assigned by EPA to "deep pockets". c) Only protection: Third party defense incorporating claims of "Innocent Landowner" or exercise of eminent domain by federal, state, and local governments. Superfund Amendments and Re-authorization Act, (SARA), P.L. 99-499 a) Includes additional authorizations and amendments to CERCLA. b) Includes "Community Right-to-Know" provisions. Page 4 Establishes reporting requirements for hazardous and toxic materials. Notification requirement for uncontrolled releases. c) Only protection: Third party defense incorporating claims of "Innocent Landowner" or exercise of eminent domain by federal, state and local governments. Resource Conservation and Recovery Act of 1976, (RCRA), 42 U.S.C. Sections 6901-6987 a) Regulates generation, transport, storage, and disposal of hazardous materials (including petroleum products). b) Requires clean-up of sites posing imminent or substantial danger to health and environment. c) Includes leaking underground storage tanks under disposal· d) Does not include any exemptions from liability. Innocent landowner can only be used as a defense to liability under CERCLA and SARA by establishing the following: The environmental contamination was caused solely by the act of a third party with whom the innocent landowner does not have a direct or indirect contractual relationship. 2. Due care with hazardous substances was exercised. Precautions against foreseeable act~ or omissions of the third party were taken. At the time of the acquisition the innocent landowner did not know and had no reason to know that any hazardous substance had been disposed of on site. The property was acquired after the hazardous waste had been disposed. The use of an environmental site assessment prior to purchase and routine site inspections can be used as Page 5 evidence that the purchase conducted an appropriate inquiry regarding the site and therefore satisfies condition number 4 known as the "innocent landowner" defense. II. Current situation: Phase I environmental site assessments are currently recommended for all land acquisitions by the City in a memorandum dated March 12, 1991 from the City Attorney. Roanoke River Flood Reduction Project is an example of a project currently on hold subject to negotiations on acceptable levels of hazardous materials. With respect to the Roanoke River project, the environmental concerns on "hold" are related not only to acquisition but also to earth moving and disposal issues arising out of construction. These concerns are not addressed by this report. This issue is further complicated due to the lack of guidelines from federal and state agencies as to what are acceptable levels of contamination which in turn is dependent on the types of activity and potential exposure which will occur on the area. Typically, acceptable levels are only defined on a site-by-site case during the mitigation and clean-up phase (Phase III) after very lengthy negotiation procedures with regulatory agencies. Future projects such as sanitary sewers, water lines, storm drains, and Jail expansion could be adversely affected like the Roanoke River project. A land acquisition policy will help ensure all reasonable efforts are made to make decisions as expeditiously as possible. Few areas, if any, in the City have been exempt from human activity or the effects of human activity. It would be helpful for the City to designate a qualified person to weigh future additional risk to the City for property interest acquisition under a policy adopted by the City Council which balances the need to protect the City from undue risk and liabilities without preventing projects and facilities needed for the health and welfare of our citizens and the orderly development of the City. Page 6 III. Issues: A. Liability B. Legal C. Cost D. Timing IV. Alternatives: Adopt the attached land acquisition policy that requires some form of environmental site assessment evaluation for all property interest purchases· All properties shall be walked by the Director of Utilities and Operations or his designee to determine to the extent field conditions Justify an environmental site assessment. Liability to the City would be recognized on those parcels on which the City has little or no choice as to whether or not to proceed or already had a property interest· Where the City has option on if or how to proceed and there is evidence of land disturbance, a more informed decision can be made based on formal assessment procedure results. Legal obligations to prove innocent landowner and to avoid underground petroleum storage tanks will be met on virtually all parcels to be acquired. Cost to the City for a Level I environmental site assessment is usually $1,500 to $2,000 each. Given that most non-fee simple land acquisitions are of values less than $1,500 to $2,000, this policy attempts to strike a balance between potential liability and cost of avoiding liability. Timing on most projects would be enhanced by this policy by reducing the number or need for environmental site assessments· Establish a City land acquisition policy that requires a detailed formal environmental site assessment for ali parcels. Liability would be limited to City parcels currently owned that were improperly used in the past. Page 7 Leqal requirements under CERCLA, SARA, and RCRA would be met. Cost to the City would be astronomical. Currently, the City purchases approximately 250 parcels a year. This would require an expenditure of nearly $500,000 for Level I environmental assessments. This cost assumes that the City would require developers to submit a complete environmental site assessment for all subdivisions that dedicate property to the City. Tlminq - The City would literally delay most City projects for a minimum of one (1) year. Establish a City land acquisition policy that does not require any environmental site assessments. Liability to the City would be enormous. One industrial parcel in the City could cost over $27 million to clean up. Leqal requirements under CERCLA, SARA, and RCRA would not be met. Cost to the City in potential liability cannot be determined, but would certainly exceed all land values acquired. 4. Timinq on project would be a moot issue· V. Recommendation: Council concur with Alternative "A" by adopting the attached City land acquisition policy that requires some form of environmental site evaluation on all property interest purchases· WRH:KBK:afm Attachment cc: City Attorney Respectfully submitted, W. Robert Herbert City Manager ~ting Director of Finance rector of Utilities and Operations Director of public Works City Engineer ENVIRONMENTAL POLICY RELATING TO THE ACQUISITION OF REAL PROPERTY INTENT It iS the intent of this policy to protect the City from environmental liability in the acquisition of any interest in real property. This policy attempts to protect the City from environmental risks and liabilities associated with property acquisition without prejudicing the ability of the City to carry out projects needed to advance the health, welfare and safety of our citizens and the orderly development of the City. POLICY Except as hereinafter provided, prior to the acquisition of any interest in real property by the City, an environmental assessment shall be conducted by a qualified staff member with environmental expertise or mn environmental consultant retained by the City. Upon written approval of the City Manager, after consultation with the Environmental Compliance Officer, Risk Management Officer and City Attorney, the City ~ay purchase or otherwise acquire proper~y without conducting the complete environmental assessment defined below. The City Manager shall l~mediately transmit a copy of any such approval, which shall contain a statement of the grounds for not conducting a complete environmental assessment, to City Council and the City Attorney. If the results of the Phase I environmental assessment indicate the need for further anmlysie of the potential environmental liability associated with the property, the City's Environmental Compliance Officer, in consultation with the Risk Management Officer and the City Attorney, shall assess the potential enviromaental liability alsocieted with the proposed acquisition and make a reco~endetion to the City Manager whether to proceed to & Phase II environmental assessment prior to making the decision whether and on what terms and conditions to proceed with tho ac~uleition. The Clty shall not accept any interest in real property by gift without a satisfactory environmental assessment of the property performed by a qualified staff member with environmental expertise or by an environmental consultant of the city*s choice, which at the sole discretion of the City may bo et the expense of the grantor or donor. Definitions Environmental Compliance Officer shall mean that individual designated by the City Manager to initiate, monitor and evaluate environmental compliance and risks for the City. Interest in real Property shall include but not be limited to fee simple title, easement interests, leasehold interests, and rights of way. Environmental Assessment shall mean a series of studies regarding a property to determine if there are any potential or actual environmental hazards or hazardous substances present on or adjacent to the pr~mises, or in any structure located on the premises. The purpose of an environmental assessment is to permit the City to qualify and quantify the environmental risks associated with property acquisition. 4. Phase ! Environmental Assessment shall include: A® A chain of title search for a period of at least sixty (60) years to determine the nature of prior owners and uses of the property; Review of data and documents from tho transferor, prior site ovners and occupants, and neighbors which should include prior uses, environmental compliance data, and data on prior enforcement actions and/or lawsuits; Ce Review of data and detailers from governmental agencies, including the EPA and other federal agencies as well as state and local entities such as the local Bulld~ng Commissioner (e.g. ~uLldLng and demolition permits; Property inspection of the site and the interior of each building on the property, including prior review of descriptions and maps of the property; A search for the location of end determination of the contents of any underground storage tanks. Phase II Environmental Assessment shall -include samgling and analysis of site materials to determine the nature and exten= of the contamination. March 27, 1995 Report No. 95-317 Honorable Mayor and Members Roanoke City Council Dear Mayor and Members of Council: Subject: Briefing and Contract Amendment Relating to Roanoke River Flood Reduction Project This is to request approximately 20 minutes on Council's agenda to provide a detailed briefing regarding the status of the Roanoke River Flood Reduction Project. Also, as will be explained during the briefing, this is to request Council's approval to amend the contract with Dewberry and Davis to provide for additional hazardous waste testing (TCLP) and to compensate for the cost incurred by time delays for a total additional cost of $102,403. This additional $102,403 is requested to be transferred from Account No. Account No. 008-056-9620-9003 008-056-9623-9003 ~BR:KBK:afm cc: (Roanoke River Flood Reduction) to (RRFRP-PH II Environmental). Respectfully submitted, ~. Robert iterbert City Manager Flood Plain Committee Members Wllburn C. Dlbling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk ~.Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer James T. Carper, P.E., Corps of Engineers ROANOKE RIVER FLOOD REDUCTION PROJECT BRIEFING Backqround: A. Siqnificant floodinq, or a level equivalent to a 25 year flood, occurred in 1972 for the first time since 1940. · 10 year flood - I chance in l0 or 10% chance of occurring during any year. · 25 year flood - i chance in 25 or 4% chance of occurring during any year. · 50 year flood - 1 chance in 50 or 2% chance of occurring during any year. · 100 year flood - i chance in 100 or 1% chance of occurring during any year. · Statistical probability changes of levels Growth and development boomed between 1940 and 1972. 1972 floodinq prompted Valley governments to ask the Federal Government to take actions to control flooding in the area. ~lood Plain Committee was formed by Council on April 20, 1973. Public Advisory Committee (PAC) was formed in early 70's by the Corps of Engineers (COE) with representatives from interested groups including the local government. Page 2 Fo He 9 localized projects with various benefit to cost ratios were rejected in the mid 70's and a viable upstream solution was requested. Best upstream solution was a proposed dry dam in Montgomery County. This solution was rejected when the Montgomery County Board of Supervisors passed a resolution in opposition. 1978 flood!nq spurred interest in revisiting a localized solution. 1982 proposal by the COE for a Joint local governmental (City, County, Salem, and Vlnton) sponsored local channel widening project was not successful when the City was the only local government submitting a non- binding letter of intent. 1984 final feasibility report and environmental impact statement was completed by the COE recommending the project generally as we know it today: however, there have been some revisions, with a benefit to cost ratio of 1.4:1. City submitted a second non-binding letter of intent to be the local sponsor at a locally estimmted cost of $7.2 million. 1985 floodinq resulted in a third non-binding letter of intent at a locally estimated cost of $7.9 million. March 1988 fourth letter of intent was required after changing federal regulations and interpretations, Page 3 Ne Oe changing project scope and rising cost resulted in locally estimated cost of $9.0 million. May 1988 fifth non-bindinq letter of intent was required after adding the recreational trail and deciding to replace the low water bridges along Wiley Drive. Benefit to cost ratio was projected at 1.15 to 1 at a locally funded cost of $17 million. 1989 referendum was approved by citizens to fund local cost by an increase in the utility tax (10% to 12%) with a local cost estimated at $14,330,586. (See attached pages 8 and 9 from January 17, 1989 report to Council for more detail). 1989 and 1990 saw aggressive negotiations concerning language dealing with environmental contamination. 1990 Local Cooperative Agreement, a binding document, was executed between the City and the COE. · City responsible for LERR (Lands, Easements, Rights of Way and Relocation). · $34,100,000 total cost. Additional ~ congressional approval required if cost _exceeds $39,900,000 adjusted for inflation. · Council approval required if cost exceeds $34,100,000. s Joint decision under CERCLA, City cost. Page 4 II. Current situation: A. Completed project elements. B. Environmental testing/deliberations · Consultant - Phase I, Phase IIA, & Phase IIB. · State - RCRA (Resource Conservation and Recovery Act) · EPA - CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) C. Expenses to date Decision Points: A. Additional testing · Hazardous Waste (TCLP) ~ · Complete consultant contract work · Testing outside the right-of-way Project viability e Due to Hazardous Waste (CERCLA) - City Exposure - 100% Additional Special Handling (RCRA) - City Exposure - 5% Benefit to Cost Ratio vs. City only options !I Lessen the cut into the bank at Hannah Trailer Court but construct a vertical structural wall in that area and provide some additional channel widening in the Wasena The City to use local fundin$ saved in change No. 4 above for critical structure flood proofinS upstream of Hannah Trailer Court to attempt to mitisate the effect to upstream property owners for the approximate 0.20 foot stage reduction loss caused by the reduced bench cut at Hannah Trailer Court. 6. City and COg asreem~nt for: a. Improved seed mixture for wildlife support Selection of critical habitat trees to be secured and retained. c. Increased shrubbery plantinss Pruning of lower branches from some trees that would otherwise have to be cut Planting of low growing vegetation in areas still requiring to be rip-rapped. Reduction in project estimate for COB approval project elements from $31,010,000 which included $14,490,250 non-federal (local) cost to · cur~nt estimate of $27,&71,$00 to include a non-federal (local) cost of $10,672,925. Note cost section of this briefing for a higher estimate of project cost by City staff to include bettemmnt (project ~nhancement) coats ~ inflationary con~ins~cy. Increase of the benefit cost ratio from 1.15:1.0 to 1.20~1.0. G. Cost estimate for City purpose, includin! a 15I inflation on structural costs, City only cost for betters-hr, City only cost for replacing the low water bridges, and City only cost : for the oas pedestrian bridge across the river follows: Previously Di,cussed Project Total Federal Local Structural $28,295,938 Flood Warning 127,000 Recreation* '~ 4,348,4&8 Flood Proofing 374,550 Incidental Acquisition & Technical Coats 381~697 $18,551,236 $9,7&4,702 86,250 40,750 1,052,687 3,295,761 256,87& 117,676 0 381~697 $33,527,633 $19,947,047 $13,580,586 City project costs outside of previous project elements: Reserve fu~d to purchase, flood proof and resell vacant residential structures located in federally defined flood plains on a City wide basis (to ~aintain housing stock) Total Federal Local $ 500,000 0 $ 500,000 Maximum amount to flood proof critical structures to miti- gate the i~pact of decreased excavation at F~a~ahTrailer Court $ 250,000 $ 0 $ 250,000 $34,277,633 $19,947,047 $14,330,586 * Complete elimination of the recreational e~ha~ce~eat element would reduce the recreational ele~emt to a local coat of $1,630,125 for relocation of the iow water bridges. H. Budget for payins the local a~ount ia projected a~ follows= 1. Estimated City fimamcial coe~it~aat 2. Deduct= $I&,330,586 a. Land donatione b. Water and sewer fund expenditure require- c. Fu~in$ to date d. State fundin$ fro~ currant pro,tm relati~$ to recrea- e. Federal and State reim- buree~ants from the 1985 flood damage -$3,920,000 661,137 650,000 782,625 816,824 Total Deductions -$6,830,$86 Net U~funded Local Amount Suggested Bond Referendum Amount Required bu~$et a~ount on an a~ual basis is eerie=ted as follows: a. $7,500,000 capitalized over 30 years -6,830=586 $7,500,000 1~7,500,0001 3NI9 HOJ. 4~W o Z CORRECTED COPY Director of Utilities & Opera:ions April 14, '1995 Mr. James T. Carper., P.E. U. S. Army Corps of Engineers Wilmington District P. O. Box 1890 Wilmington, NC 28402-1890 Dear Jim: In our effort to re-start the Roanoke River Flood Reduction Project, particularly the resumption of the environmental testing, we have sent the attached sample letter to approximately 30 property owners asking for right-of-entry. Recent newspaper articles regarding EPA enforcement actions on the Cycle Systems and Virginia Scrap Iron sites, as well as general heightened awareness, are creating resistance on the part of some property owners due to the real or perceived risks involved· Several property owners are suggesting an up-front agreement from the City, State DEQ and/or the COE for any clean up cost should some contaminated waste be discovered· We had an information meeting the evening of April 13, 1995 with interested and/or concerned individuals regarding this need for testing, the project in general, and how best to proceed. Prior to the meeting, I spoke to Mr. Robert (Bob) Burnley from DEQ in Richmond. Bob advised that he and DEQ would like to work with us, e.g. the City and the COE, on a project-wide action plan. I advised the property owners last evening that, except for waste classified as hazardous, I had been informed verbally that all other spoilage, e.g. uncontaminated dirt, as well as contaminated dart and debris, would Be disposed of at project cost and paid for on the basis of 95% federal and 5% local snaring ... aZ the project aoes in zact get constructed. 1 then explained that should the special handling cost for contaminated but non-h~zsrdous waste get too great then the overall project could be Jeopardized due to the funding ceiling authorized by Congress. The purpose of this letter is to inform you of the status of our testing program and seek to turn this letter into a conceptual letter of agreement between the City, COE, and DEQ by you, Mr. Burnley and I agreeing to the following: Property to be tested will only be those properties and only the portion of those ROOm 354 Mun,¢i~l Bu~lclln9 215 Church Avenue S W Roanot~e VUg,n~o 2401 'r (7037 981 2002 Mr. James April 14, Page 2 T. Carper, P.E. 1995 properties for which the City intends to obtain a real property interest providing the project goes forward. Hazardous waste encountered will be reported to the property owner by the City or the City's agent by certified mail therein advising of what is felt to be a classified hazardous waste giving the property owner 14 working days to notify EPA and advising if the City has no proof of notification by that time then the City will notify EPA. No reports will be made to EPA except as outlined in paragraph (2) preceding. Non-contaminated waste, contaminated but non- hazardous waste and debris required to be removed by the project and any stabilization of the remaining ground will be at project cost, shared 95% federal and 5% local, if the project proceeds· DEQ, City, and COE'wlll collaborate and cooperate to the end of developing environmentally safe and realistic action levels of contaminated waste to the end of minimizing the volume and cost of waste requiring special handling. Jim, I am sending a copy of this to Mr. Burnley. It is my desire to work with you both to develop this Into a conceptual letter that can be shared with the affected property owners along the river· If either of you have suggestions for improving this process, all suggestions are welcome. Thank you. Proposed by ~' U. S. Army Corps of Engineers Approved by Robert Burnley Virginia Department of Environmental Quality cc: Mr. Burnley Mr. Norman Aldridge, DEQ Regional Office MARY E PARKER, CMC/AAE Ci~5' Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 December 14, 1995 SANDRA H. EAKIN Deputy City Clerk File #55-79-137 Mary H. Allen, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Forest G. Jones, Clerk City of Salem P. O. Box 869 Salem, Virginia 24153 Dear Ms. Allen and Mr. Jones: I am enclosing copy of Resolution No. 32771-121195 expressing the intent of the City of Roanoke to join with the County of Roanoke and/or the City of Salem to form a multi-member Regional Transportation District Commission or in the alternative to create a single member Transportation District Commission in order to preserve and expand the mass transit system within the district and urging the General Assembly to authorize a sales tax of 2% of the retail price of motor vehicle fuels sold within such Transportation District. Resolution No. 32771-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY E PARK~R~ CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-254! Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #55-79-137 The Honorable John S. Edwards Member-Elect, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007' Gentlemen: I am enclosing copy of Resolution No. 32771-121195 expressing the intent of the City of Roanoke to join with the County of Roanoke and/or the City of Salem to form a multi-member Regional Transportation District Commission or in the alternative to create a single member Transportation District Commission in order to preserve and expand the mass transit system within the district and urging the General Assembly to authorize a sales tax of 2% of the retail price of motor vehicle fuels sold within such Transportation District. Resolution No. 32771-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. The Honorable John S. Edwards The Honorable A. Victor Thomas The Honorable Clifton A. Woodrum, III December 18, 1995 Page 2 pc: Stephen A. Mancuso, General Manager, Valley Metro IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32771-121195. A RESOLUTION expressing the intent of the City of Roanoke to join with the County of Roanoke and/or the City of Salem to form a multi-member Regional Transportation District Commission or in the alternative to create a single member Transportation District Commission in order to preserve and expand the mass transit system within the district and urging the General Assembly to authorize a sales tax of 2% of the retail price of motor vehicle fuels sold within such Transportation District. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke intends to create a multi-member Regional Transportation District consisting of the jurisdictions of the City of Roanoke, the County of Roanoke (including the Town of Vinton), and/or the City of Salem. 2. If the County of Roanoke and the City of Salem do not desire to join at this time with the City of Roanoke in the creation of a multi-member Regional Transportation District Commission, the City of Roanoke intends to create a single member Transportation District Commission. 3. Th~ ~ Assembly is urged to enact legislation arnending the appropriate sections of the Code of V'wgini~, (1950), as amended, to permit any Transportation District Commission established as set forth above to obtain all the benefits provided to Transportation Districts by the Code of V'wginia, including the authorization of a sales tax of 2% on the retail price of motor vehicle fuels sold within such Transportation District, as more particularly set forth in the report to this Council dated December 11, 1995. 4. The City Clerk is directed to transmit attested copies of this resolution to the Clerk of the Board of Supervisors of the County of Roanoke and to the Clerk of the Council of the City of Salem. 5. The City Clerk is directed to transmit attested copies of this resolution to The Honorable John S. Edwards, Member-Elect, Senate of Virginia, The Honorable A. Victor Thomas, Member, House of Delegates, and The Honorable Cli~on A. Woodrum, IH, Member, House of Delegates. ATTEST: City Clerk. December 11, 1995 Council Report 95-356 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject~ Dedicated Funding for Mass Transit/Reduction in the Real Estate Tax Rate Dear Mayor Bowers and Members of Council~ I. Backqround= The Greater Roanoke Transit Company (GRTC), which is owned by the City of Roanoke, has always relied upon federal, stat, and, to a lesser extent, local subsidy fundinq to maintain mass transit operations. This funding has been provided on a discretionary basis in the form of annual operating assistance grants. Federal operating assistance for the GRTC was reduced by $190,OOO for the fiscal year that began July 1, 1995. The City of Roanoke provided the additional funding needed to balance GRTC's fiscal year 1995-96 budqet as a result of the loss in federal operating assistance. Without this additional funding, GRTC would have had to begin reducing service despite the fact that such action, because of the corresponding loss in revenue, can easily lead to additional service reductions in the future. The United States Conqress has passed legislation which will reduce federal operatinq assistance by an additional $191,OO0 in fiscal year 1996-97. Within two to three years, federal operating assistance is expected to be completely eliminated. Securinq an adequate and dedicated fundinq source for mass transit services in the Roanoke Valley has been discussed amongst representatives of the City of Roanoke, the City of Salem, the County of Roanoke, and the GRTC. These discussions have focused on establishing a regional transportation district commission and securing the same type of dedicated funding that the State Code already provides to the Northern Virginia Transportation District Commission (NVTC) and the Potomac Rappahannock Transportation District Commission (PRTC). A proposed Founding Agreement for such a transportation district commission was sent to both the City of Salem and the County of Roanoke. The Honorable David A. Bowers, and Members of City Council December 11, 1995 Page Two Mayor II. Current Situation= The City of Salem and the County of Roanoke are considerin,; whether they should join the City of Roanoke in forming a regional transportation district contingent upon it benefiting from the same type of tax that is currently dedicated to the NVTC and the PRTC. The City of Roanoke is currently awaiting their response. B. Securinq an adequate and dedicated funding source for mas~ transit would provide mass transit services with a dedicated and stable source of funding, and it would relieve the City of Roanoke of having to provide the GRTC with subsidy funding. III Issues, A. Fuel tax B. Real estate tax C. Mass transit services D. Reliance upon the City of Roanoke E. Authority IV. Alternatives~ Create a regional Transportation District Commission and obtain the benefit of a two percent tax on the sale of moto~ fuels as provided for in Section 58.1-1720 of Chapter 21 of the Code of Virginia. Fuel tax paid by the consumer would increase by two percent of the retail price of fuel including all other taxes. The average automobile owner would pay an additional $11.00 per year. It is estimated that 69 percent of the people paying this tax would be City of Roanoke residents. Thirty-one percent would be non-City residents. Real estate tax paid by the homeowner would decrease because of the Code requirement that this tax be reduced by an amount that is equal to what the locality was previously providing for mass transit. The City of Roanoke, therefore, would be required to reduce its real estate tax rate by at least 2.17 cents. If rounded to the next whole penny increment, the owner of a $50,000 The Honorable David A. Bowers, and Members of City Council December 11, 1995 Page Three Mayor home would save $15.OO per year and the owner of a $75,000 home would save $22.50 per year. Mass transit services would have a dedicated and stable source of funding. Within the City of Roanoke alone, for example, the revenue generated from the dedicated tax is expected to equal what is now the total in federal and city operating assistance ($1,436,O40). Including the City of Salem and the County of Roanoke, the tax is likely to generate as much as $2,500,000 annually, which would permit the provision of mass transit related facilities and services in addition to the service presently provided within the City of Roanoke. Reliance upon the City of Roanoke for subsidy funding would end. Given the real estate tax reduction requirement denoted above, however, the elimination of this reliance would not result in any "profit" for the City of Roanoke. Authority to create a Transportation District Commission is vested with Roanoke City Council; the authority to simultaneously create a regional commission is vested with the governing bodies of Roanoke City's neighboring jurisdictions; and, the authority to impose the dedicated fuel tax is vested with the State. This Alternative is therefore dependent on various approvals by various governing bodies as is more fully described in the Recommendation. Create a Transportation District consisting of the City of Roanoke only and obtain the benefit of a two percent tax on the sale of motor fuels as described in Section 58.1-1720 of Chapter 21 of the Code of Virginia. Fuel tax paid by the consumer would increase by two percent of the retail price of fuel including all other taxes. The average automobile owner would pay an additional $11.OO per year. It is estimated that 69 percent of the people paying this tax would be City of Roanoke residents. Thirty-one percent would be non-City residents. Real estate ta~ paid by the homeowner would decrease because of the Code requirement that this tax be reduced by an amount that is equal to what the locality was previously providing for mass transit. The City of Roanoke, therefore, would be required to reduce its real The Honorable David A. Bowers, and Members of City Council December 11, 1995 Page Five Mayor Step 2. Step 3. Roanoke in forming a regional transportation district commission. If such a commitment is obtained (ideally, in the form of an agreed upon Founding Agreement), the parties can proceed with Step 2. Otherwise, the City of Roanoke should immediately proceed with Alternative B. The governinq bodies of all of the participatinu governments must have legislation introduced during the next session of the State General Assembly amending Section 58.1-1720, authorizing an additional two (2) percent tax on the retail price on motor fuel, to include reference to a "Roanoke" regional transportation district. If the legislation is not signed into law, the creation of a regional transportation district would also not take place given the intention of participating governments to form such a district is contingent upon it benefiting from a dedicated tax on the sale of motor fuels. The entire matter, therefore, would be delayed at least one year and Roanoke City Council would be relegated to Alternative C for the fiscal year beginning July l, 1996. Only with the legislation being signed into law could the participating governments proceed with Step 3. The governing bodies of all of the participatinq governments must each adopt an ordinance (1) setting forth the name of the proposed transportation district, (2) fixing the boundaries thereof, (3) naming the counties and cities which are in whole or in part to be embraced therein, and (4) contain a finding that the orderly growth and development of the county or city and the comfort, convenience, and safety of its citizens require an improved transportation system, composed of transit facilities, public highways and other modes of transport, and that joint action through a transportation district by the counties and cities which are to compose the proposed transportation district will facilitate the planning and development of the needed transportation system. Upon this ordinance being certified by the Secretary of the Commonwealth, and upon such certification being read into the minutes of the proceedings of the participating governments, the transportation district will come into being. Each participating government must then appoint the commission members to which they are entitled, as previously agreed upon. The Honorable David A. Bowers, Mayor and Members of City Council December 11, 1995 Page Four estate tax rate by at least 2.17 cents. If rounded to the next whole penny increment, the owner of a $§0,000 home would save $15.O0 per year and the owner of a $75,000 home would save $22.50 per year. Mass transit services would have a dedicated and stable source of funding. Within the City of Roanoke, the revenue generated from the dedicated tax is expected to equal what is now the total in federal and city operating assistance ($1,436,040). Reliance upon the City of Roanoke for subsidy funding would end. Given the real estate tax reduction requirement denoted above, however, the elimination of this reliance would not result in any "profit" for the City of Roanoke. Authority to impose the dedicated fuel tax is vested with the State. C. Do nothinq. 1. Fuel tax would not change· 2. Real estate tax would not change. Mass transit services would not have a dedicated and stable source of funding. The GRTC would continue to rely upon the discretionary grants, if any, provided by the federal and state governments and the City of Roanoke. Reliance upon the City of Roanok~ for subsidy funding would continue and would increase annually in direct proportion to the reductions in federal and state funding. 5. Authority is not an issue. V. Recommendation.. It is recommended that Roanoke City Council pursue Alternative and, if necessary, Alternative B, as more specifically set forti~ below. Alternative A~ Step 1. There must be a commitment on the part of the City of Salem and/or the County of Roanoke to join the City o£ The Honorable David A. Dowers, and Members of City Council December 11, 1995 Page Six Mayor Step 4. The "Roanoke Regional Transportation District Commission" may enter in an agreement for the operation of the GRTC or may assume ownership of the GRTC from the City of Roanoke. In either case, the service presently provided by the GRTC will be carried on and improved/expanded. Alternative Step 1. The City of Roanoke must have legislation introduced during the next session of the State General Assembly amending Section 58.1-1720, authorizing an additional two (2) percent tax on the retail price on motor fuel, to include reference to a "Roanoke" transportation district. If the legislation is not signed into law, the creation of a single jurisdiction transportation district would also not take place given the intention of the City to create such a district is contingent upon it benefiting from a dedicated tax on the sale of motor fuels. The entire matter, therefore, would be delayed at least one year and Roanoke City Council would be relegated to Alternative C for the fiscal year beginning July 1, 1996. Only with the legislation being signed into law would the City proceed in creating a single jurisdiction transportation district, at which point the matter would be concluded. CC: City Attorney City Clerk Director of Finance Assistant City Manager Director of Utilities and Respectfully submitted, City Manager Operations IN THE COUNCIL OF THE CITY OF ROA~OXE, VIRGINIA The llth day of December, 1995. No. 32772-121195. AN ORDINANCE to amend and reordain certain sections of the 1995-96 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 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Public Safety Police Investigation (1-2) ........................ $ 35,876,174 2,811,359 Grants-In-Aid Commonwealth Other Categorical Aid (3) ......................... $ 32,402,604 12,719,628 1) Uniforms- HEAT Program 2) Expendable Equipment - HEAT 3) HEAT Program - State Revenue (001-050-3112-2068) $ 136 (001-050-3112-2069) 1,264 (001-020-1234-0696) 1,400 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 11, 1995 Council Report #95-421 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Virginia State Police H__elD Eliminate Auto Thef~ Heat Pro ram Enforcement Grant Held Eliminate Auto Theft Proqra,~3 has offered enforcement grants to agencies that were HEAT participants prior to April 11, 1995. The application for this qrant was based on the necessity to continue to raise the investigation capabilities of the automobile theft investigators. These funds may be used only for the purchase of equipment and training to be used for the investigation of automobile theft. II. C~urrent Situation A. The Roanoke Police De artment has a lied for and has been ranted 1400.00 in enforcement and training funds from the HEAT Program. B. These funds have been placed into Revenue Account # R001-020-1234-0696. Issues A. Need B~ Available Funds IV. Alternatives ~itv Coun~] accept the funds from the HEAT Program and appropriate the listed amounts into the following General Fund accounts: Uniform HEAT Program Account # 001-050-3112-2068 $136.00 Expendable Equipment HEAT Account # 001-050-3112-2069 $1264.00 State Grant Revenue Account # 001-020-1234-0696 $1400.00 1. Need exists to provide additional funds for equipment and training to enhance automobile theft investigations. 2. Available funds are a result of the grant awarded to the Police Department. B. _City Council rejects the funds from the HEAT Program. 1. T_he need for additional funds for equipment and .training to enhance automobile theft investigations will not be met. 2. ~ would have to be returned to the state. Recommendation_ Council approve alternative "A" to: A. Acce t the rant from the HEAT Program; and B. APpropriate $1400.00 to the above mentioned revenue and expedition accounts. Respectfully submitted, W. Robert Herbert City Manager cc: Director of Finance City Attorney Director of Public Safety Chief of Police Budget Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32773-121195. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1996 Session of the General Assembly. WHEREAS, the members of City Council aro in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of agnin adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated December 11, 1995, recommended to Council a Legislative Program to ha presented at the 1996 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated December 11, 1995, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1996 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 1996 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, to be held at 12:30 p.m. on December 18, 1995. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 December 11, 1995 Council Members: Elizabeth T. Bowles John S. Edwards Delvis O. "Mac" McCadden John H. Parrott William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1996 Leqislative Proqram Dear Council Members: On November 22, 1995, City Council's Legislative Committee met to review the proposed 1996 Legislative Program, a copy of which is attached. After careful review, the Committee approved the Program and recommended that City Council adopt the attached resolution endorsing the Program and commending it to the City's delegation to the 1996 Session of the General Assembly. The Legislative Program, which is again a combined program for City Council and the School Board, emphasizes financial and revenue issues for the 1996 Session. The Program recognizes that local governments have funded educational costs beyond their share in an effort to provide quality education and calls upon the General Assembly to provide full funding of the educational Standards of Quality and categorical education mandates. The Program anticipates an attack on the Business, Professional and Occupational License Tax at the 1996 Session and provides a vigorous defense of this revenue source that generated $8.9 million for tlhis City in Fiscal Year 1994-1995. The 1996 Program also highlights the important recommendations of the Urban Partnership which are intended to promote the economic competitiveness of Virginia's regions in the global marketplace. Transportation issues, such as Interstates 73 and 66, the Smart Road and extension of passenger rail service, are also emphasized as important to the economic competitiveness of our region. Please note that the proposed Charter amendment will require a public hearing, and the agenda for today's meeting includes a public hearing on the proposed Charter amendment. Subsequent to the public hearing, Council will need to act on a resolution requesting the 1996 Session to enact the proposed Charter amendment. Action today will permit introduction of our Charter amendment bill prior to the first day of the 1996 Session as required by State Code. The Honorable Mayor and Members of Council December 11, 1995 Page 2 The Legislative Committee also recommends that we alter our format for presentation of the Program to our legislators. The intent of the Committee is to provide for a better organized, shorter and, hopefully, more effective presentation. Therefore, we propose that, after brief introductory remarks by the Mayor and School Board Chairman, the City Attorney and a School administrator will present the highlights of the Program on behalf of the Council and School Board. After their presentations, the format would provide for a response from our legislators and opportunity for comment by individual Council members and School Board members. As you know, the annual meeting with our legislators has been scheduled for 12:30 p.m. on December 18, 1995. As Co-Chair of the Legislative Committee, we wish to thank the other members of the Committee who are Mr. McCadden of this Council and Chairman Harris and Mr. Pincus of the School Board. We also wish to thank the City Attorney who again coordinated and prepared this Program. This report can only highlight several key provisions of the Legislative Program. As Co-Chair of the Legislative Committee, we commend the entire Program to City Council for careful study and review. Upon completion of this review, we are confident the members of Council will agree that the recommended Program will advance the legislative interests of this City and its people. William White, Sr. / Co-Chairman, Legislative Committee John S. Edwards Co-Chairman, Legislative Committee WWSr:f Attachment cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney C. Nelson Harris, Chairman, School Board E. Wayne Harris, Superintendent Mary F. Parker, City Clerk 1996 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL David A. Bowers, Mayor John S. Edwards, Vice-Mayor Elizabeth T. Bowles Delvis O. "Mac" McCadden John H. Parrott Willimn White, Sr. Linda F. Wyatt SCHOOL BOARD C. Nelson Harris, Chairman Marilyn L. Cnrtis, Vice-Chairman Charles W. Day Marsha W. Ellison Melinda J. Payne Finn D. Pincus Joim H. Saunders CITY MANAGER W. Robert Herbert SUPERINTENDENT E. Wayne Hams Wilbum C. Dibling, Jr. City Attorney 464 Municipal Building Roanoke, VA 24011 540-981-2431 POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water and sewage treatment. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public services cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed uniformly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what' can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. MANDATES According to the Joint Legislative Audit and Review Commission, Virginia's local governments are subject to 391 Federal and State mandates. These mandates require localities to perform duties without consideration of local circumstances, costs or capacity and require localities to redirect their priorities to meet Federal and State objectives regardless of other pressing local needs and priorities affecting the health, safety and welfare of citizens. The cumulative effect of Federal and State legislative and regulatory mandates has exacerbated the already serious financial problems of local governments. The Governor and General Assembly should be commended for recently showing increased sensitivity to the mandate issue. Several years ago, the General Assembly began the fiscal note process by which cost estimates for proposed legislation are completed prior to final review of the legislation by a committee. Additionally, the 1993 Session amended the State Code to require (1) that all State agencies review all mandates imposed on local governments with the objective of determining which mandates may be altered or eliminated and (2) that the Commission on Local Government prepare and annually update a catalog of Federal and State mandates. The Governor and General Assembly are urged to promote and local partnerships in the area of mandates by requiring 1. State : A review of current mandates in specific areas (a) to establish the full costs to local governments of implementing mandates and (b) to develop an appropriate basis for determining State and local funding responsibilities. Completion of cost estimates for proposed legislation prior to its first full review by a legislative committee. Submittal of legislation negatively affecting local governments' revenue raising ability to the Commission on Local Government for a fiscal impact analysis. o More local government involvement in implementation decisions, including funding arrangements, deadlines and prescribed methods of meeting mandates, so that impacts at the local level are identified before implementation. A performance based approach to mandates that (a) focuses on outcomes, (b) offers incentives for achieving State objectives and (c) gives local governments autonomy to determine the best way to achieve the desired result. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The 1991 Session of the General Assembly is commended for requesting that the Joint Legislative Audit and Review Commission (JLARC) undertake a comprehensive review of State and local service delivery responsibilities and the funding mechanisms that support them. The sorting out process of determining which services should be performed by the State and which by its local governments is vitally important, and more rational assignment of service delivery responsibility will advance the interests of the State and local governments. The General Assembly is urged to carefully consider JLARC's 1993 recommendations, particularly those relating to State assumption of service delivery responsibility where service or performance standards are defined by federal or State law and/or regulations. GOVERNOR'S ADVISORY COMMISSION ON THE DILLON RULE AND LOCAL gOVERNMENT By Executive Order No. 42, promulgated October 28, 1991, Governor Wilder created the Governor's Advisory Commission on the Dillon Rule and Local Government and charged the Commission with the responsibility of considering current local government powers in the Commonwealth; assessing the ability of local governments to deal with local and regional issues within the framework of existing law; and evaluating the need for changes to the Code of Virginia deemed necessary to provide local governments with improved ability to address local and regional issues. Former Senator J. Granger Macfarlane was appointed to chair the Commission which rendered its report to the Governor in November, 1992. The Commission has performed an important service to the Commonwealth, and its recommendations are commended to the General Assembly. These recommendations include the following: Title 15.1, Counties~ Cities and Towns, of the Code of Virginia should be recodified. Title 15.1 has not been revised since 1962, and persons testifying before the Commission uniformly criticized it as disorganized, inconsistent and confusing. Recodification of Title 15.1 is currently being carried out by the Code Commission with the assistance of a Committee including the Roanoke City Attorney and other local government representatives. The General Assembly should carefully consider JLARC's recommendations as to the assignment of service delivery responsibilities between State and local governments. The State should consider assuming responsibility for services when service and performance standards are dictated by State law and/or regulation. Also, the ability to raise revenue should more closely correspond to the requirement to provide services. The General Assembly should establish a legislative commission composed of State legislators and local government officials to study and make recommendations relating to the unique problems of central cities in the Commonwealth. While the central cities of the Commonwealth are making a vigorous effort to raise revenues, data provided by the Commission on Local Government demonstrates that they are still suffering from extreme fiscal stress. A thorough study and development of an action plan to address the special problems of central cities is needed. 3 This effort should include an assessment of the impact of the "magnet effect", municipal overburden and related social ills that are unique to urban centers. Amend S15.1-510, Powers of counties, and §15.1-839, General grant of powers to municipalities, to provide that the authority delegated to local governments by the General Assembly shall be broadly construed to effect the purpose of the delegation. Such proposal represents a modest and reasonable relaxation of current restrictions which does not do violence to the principle that local governments can exercise only those powers specifically delegated to them by the Commonwealth. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in financial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com- monwealth, such as this City, provide a full range of public housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. Consider these facts: 4 That the City has Over 4110 subsidized housing units while Roanoke County and Salem have only 198 and 216, respectively; That the City's elderly population is at 22% and increasing; · That 23% of the City's population is below the age of 19 meaning that nearly 45% of the City's population are consumers of governmental services with little ability to pay for these services; and · That, by 1991, 52% of children in the City Public School System came from economically deprived homes (up from 15.8% in 1980). In spite of these demographic negatives, the City has made tremendous strides in economic development. ' Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, . however, that these recent successes can be sustained Over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has been relieved by annexation. Recently, however, the pOwer of annexation has, without logic, been denied to the central cities which need it m~st. If the central cities of the Commonwealth are to remain strong, viable units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Among those actions which should be considered are: 1. Reevaluation of Virginia.s unique system of independent cites which imposes upon cities the unfair responsibility of providing regional ssrvices without reimbursement from adjoining beneficiary localities; 2. Special funding by the Commonwealth of those services provided by central cities which benefit the entire region; 3. As recommended by the Grayson Commission (House Bill 550 introduced at the 1990 Session), creation of financial incentives to encourage governmental integration of independent cities with adjoining counties; and Also as recommended by the Grayson Commission, authority for cities with populations of less than 125,000 to make the transition to town status. ECONOMIC DEVELOPMENT City Council calls upon the Governor and the General Assembly to develop an economic development strategy for the Commonwealth and its local governments. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop the strategy. The strategy should recognize the international economy in which Virginia local governments are competing and include special funding for international trade missions. The strategy should also recognize small business incubators as a vital element and provide funding, perhaps on a State matching basis, to local governments that undertake to develop and operate incubators. The strategy should include special programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. Finally, the strategy should include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. GOVERNMENTAL IMMUNITY Every session of the General Assembly brings new assaults on the doctrines of governmental immunity for political subdivisions and official immunity for local government employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immunity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds 6 and athletic programs, and such action is not in the public interest. Frivolous suits would be encouraged. Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapidly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out in litigation by local government, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under con- stant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability has already been increased to $100,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any extension of the Virginia Tort Claims Act to localities and supports extension of immunity to certain groups of municipal employees and volunteers who are particularly vulnerable to suits which jeopardize the very existence of programs desired by the community. An example of a group of employees and volunteers needing immunity is coaches and officials serving in youth athletic programs sponsored by the City. ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. LEGISLATIVE PROPOSALS F'DUCATIO N OVERVIEW The Roanoke City School Board has set high expectations and standards for students during the next Biennium. Student achievement will improve by 4% annually; the student attendance rate will improve by 10% each year; physical education test scores will increase by 7% annually; and the student drop-out rate will decline by 1% each year. The Board also has set a goal of reaching the national average for teacher salaries by 1998-99. The School Board applauds the work of area legislators in the passage of legislation during the past Biennium that was directed at improving public education. Legislation that was adopted included: reduction of the primary grade class size; the provision of State funds for instructional technology; the strengthening of laws regarding student discipline and parental involvement; and the prohibition of weapons on school property. This legislation will greatly assist the Roanoke City Public Schools in achieving the high expectations that have been set for our students. The General Assembly is urged to continue providing the funding and program support necessary to make education a priority in the Commonwealth. EDUCATIONAL PRIORITY The School Board's legislative priority for the 1996-98 Biennium calls for increased funding for education, including full funding of the State's share of the actual cost of the Standards of Quality (SOQ) and full funding of categorical educational mandates. The Report of the Governor's Commission on Virqinta's Futur~ states that education should be the highest priority of the Commonwealth. Yet, the Report notes that Virginia has not honored its commitment to education. Furthermore, several recent public surveys, including one conducted by The Roanoke Times, indicate the public believes education should receive the highest priority in the Commonwealth for funding. The School Board urges the General Assembly to continue the initiative adopted in the State Budget for the 1994-1996 Biennium to assist school districts with reducing class size at the primary grade level. The initiative should be expanded to upper elementary grades four and five in order to improve the performance of students who are at-risk of failure. Teacher salary data for FY93-94 shows that Virginia's average teacher salary is about $2,800 less than the national average. In order to attract and retain the best teaching talent, the State should set a goal of reaching the national average teacher salary by the 1998-99 school year. To meet the goal would require that State funding for teacher salaries increase by an additional 2.5% per year for each of the next three years, in addition to the nominal increases in teacher salaries funded by the State during the last Biennium. During the second year of the FY94-96 Biennium, reductions were proposed in State funding for programs that target dropout prevention and English as a Second Language (ESL) students. The elimination of State funding for these programs would have resulted in the loss of almost $300,000 in State monies for the Roanoke City Public Schools. The Federal government has enacted several budget amendments that will reduce Federal funding for programs for at-risk youth. The State is encouraged to continue to fund dropout prevention and ESL programs so that services to youth most at-risk of entering the welfare system can be sustained. The inadequacy of State funding for public education is readily apparent in Roanoke City. For Fiscal Year 1995-96, the General Assembly set the per pupil cost of meeting the Standards of Quality at $2,876. Actual per pupil cost for City students to meet the State Standards of Quality, however, is estimated to be $4,432 for Fiscal Year 1995-96. Moreover, the City Schools actually receive only $1,438 per pupil for this fiscal year after application of the composite index and State sales tax to the SOQ funding formula. EDUCATIONAL DISPARITY Almost 50% of the Roanoke City student population is eligible for free lunches under the Federal School Lunch Program. These students enter school with many academic, social, and welfare needs that must be served by the school district if they are to be successful students. The ability of local government to adequately fund these needs is hampered by the level of fiscal stress experienced by Roanoke and other urban areas in the Commonwealth. The General Assembly has recognized the need to more adequately fund education programs in school districts with a large number of free lunch students. During the last Biennium, funding was provided to reduce class size in schools with significant percentages of free lunch pupils. Roanoke City received slightly more than $1.0 million in State funds to hire 34 additional teachers to implement this initiative. The initiative should be expanded to grades four and five during the next Biennium to help improve the educational success of low income pupils. FULL FUNDING OF STATE MANDATED PROGRAMS JLARC studies on State mandates have recommended that State funding be increased substantially for special education. The City Council and School Board strongly support this recommendation and also support full funding of the State's share of the actual costs of both Standards of Quality education mandates and categorical education programs. FULL FUNDING OF STANDARDS OF QUALITY The General Assembly should recognize the long standing support of public education by local governments. For many years, local governments have funded educational .costs beyond their required share in efforts to provide quality education. Increased funding for education, including full funding of the State's share of the actual costs of the Standards of Quality and full funding of categorical educational mandates, is a top priority of the School Board. Increased State funding should be achieved without reduction to other funding components of the State's public education budget or to other State funding items affecting local governments. The State has begun to factor public school capital improvement costs into the Standards of Quality and should increase its share of funding such costs. Finally, no changes to educational funding formulas, which would reduce State funding of any school divisions, should be recommended without specific notice of such proposed changes being given to each school division and the Virginia School Boards Association. Public hearings should be held with respect to such proposed changes at locations throughout the Commonwealth. Notice with respect to any changes to be presented to any Session of the General Assembly should be given at least ninety days prior to the commencement of the Session. SAFE SCHOOL LEGISLATION School safety and violence are serious concerns of parents and teachers as community problems are carried over into school activities. The General Assembly adopted a "Safe School Act" at the 1993 Session. The Act provides a coordinated and comprehensive approach to ensure safe classrooms. The features of the Act should 10 be enhanced by adoption of the following recommendations by the General Assembly: State funding assistance for security personnel and equipment, including resource officers to facilitate safe schools through drug prevention, firearm education, and police awareness; Coordination of school safety programs among the appropriate state and local agencies to include the development of school safety audits; State funding assistance utilizing the City's composite index for alternative education programs (State currently funds only about seven percent of the cost of this program); and Implementation of public agency outreach programs to promote responsibility by parents for the actions of their children. STATE LITERARY FUND During the 1992-94 Biennium the General Assembly transferred $192 million from the State Literary Fund into the General Fund to cover teacher retirement contributions. The fiscal status of the Fund recently has improved, allowing the release of monies for most priority projects on' the Literary Fund waiting list. The five year need for Literary Fund loans is estimated to be over $3.0 billion. The General Assembly is encouraged to maintain the loan authority of the Literary Fund and avoid the transfer of Literary Fund assets to other State programs. HEALTH SERVICES FOR DISADVANTAGED CHILDREH Disadvantaged ch'ildren throughout Virginia are suffering from a lack of affordable health services. In the City of Roanoke, over 4,000 children lack access to comprehensive health care, and about 50% of school age children reside in low-income families, most of whom do not have adequate health insurance. Teenage pregnancy rates throughout the Commonwealth are at an all-time high and continue to escalate. The Roanoke City Schools have limited financial resources to finance health services. The General Assembly is urged to support funding for the 1996-98 Biennium that would provide at least one school-based nurse for every 1,000 children residing in the 11 locality. The services provided by these additional school-based nurse positions would be targeted to disadvantaged children. ELEMENTARY GUIDANCE Legislation has been proposed that would mandate the type of elementary guidance programs that can be used by local school districts. Such legislation also could result in the reduction or elimination of elementary guidance positions required by State Standards of Quality (SOQ). Local school districts should be able to control the type of elementary guidance services offered and the present SOQ requirement for elementary guidance counselors should be maintained. The State Department of Education is also considering adoption of regulations that would require parents to "opt in" to elementary guidance services, rather than the continuation of the present regulations that allow parents to "opt out" of the program. The "opt in" process will place an undue administrative burden on schools, and any such change in the regulations will be detrimental to the provision of elementary guidance services to students. INSTRUCTIONAL TECHNOLOGY The General Assembly has provided FY95-96 funding to the City Schools in the amount of almost $875,000 to fund instructional technology. We appreciate these efforts to update classrooms and libraries with state of the art equipment and networks. The City Schools encourage the legislature to continue funding this initiative. STATE TERMINATION OF FUNDS FOR JUVENILE OFFENDER~ In April of 1994 the locality was abruptly notified that funding for the continuation of the State grant for providing services to incarcerated special education juveniles was terminated. In order to continue to provide this service to Juveniles, the locality has absorbed the total cost of the program for 1995-96 which amounts to about $47,500. While the State has given priority to the incarceration of hard-core criminals, funds for prisoner education have been significantly reduced. The General Assembly is urged to enact legislation that would provide funding for the education of youthful offenders so that they may become productive citizens rather than a burden on the state prison system. 12 CHARTER SCHOOLS The Charter School concept has been proposed as a solution to assist local schools in developing educational programs at the site level. Legislation that allows local school boards to request the waiver of State mandates in order to implement innovative school programs is supported. The establishment of Charter Schools is opposed as these schools would serve a limited student population that is not representative of the diversity in student demographics for the locality. TUITION CREDITS Private school tuition credits to parents and guardians whose children attend private schools would significantly reduce State revenue available to local school boards without a corresponding decline in per pupil cost. The General Assembly is urged to oppose any system of tax or tuition credits that would reduce federal or State revenue to local public schools. ELIMINATION OF SCHOOL AGE CENSUS Every three years all school divisions conduct a census of school age children residing in the locality. The census becomes the basis for the distribution of State educational sales tax to the locality. Legislation was proposed during the last Biennium to use pupil average daily membership (ADM) rather than the school census as the basis for computing the locality's sales tax entitlement. This methodology would reduce the sales tax distribution to urban localities with declining enrollment. It is estimated that Roanoke City would lose $760,135 in State educational aid if such a change were to occur. This legislation should be opposed unless it incorporates a mechanism to protect urban school divisions from losing State aid. EMPLOYEE GRIEVANCE PROCEDURES Preliminary legkslation was adopted at the last Session that would put on the ballot a voter referendum to change the State constitution to allow binding arbitration on the grievance process for teaching employees. The General Assembly must approve the final legislation during the 1996 Session in order for the referendum to be held. School Boards should retain the final authority for all teacher personnel matters rather than a third party. The General Assembly is asked to reject any legislation requiring a referendum on binding arbitration for teacher grievances. 13 EMPLOYEE BACKGROUND CHECKS The City Schools now conduct criminal background checks on all school employees through the State Police, but this check does not disclose crimes the prospective employee may have committed in other states. The General Assembly is requested to approve specific legislation for the Roanoke City Public Schools in order to allow the Schools to fingerprint applicants and that the fingerprints along with other personal descriptive information be provided to the Federal Bureau of Investigation. This background review would provide a nationwide check of any criminal activity by the applicant. SCHOOL OPENING DATE School divisions are now required to open after Labor Day which creates difficulties in scheduling for western Virginia school divisions that may have an abnormal number of closing days for inclement weather conditions. It may also require schools to remain open until the third week in June if Labor Day falls on September 6 or 7. The General Assembly is requested to remove the restriction on school opening prior to Labor Day. TAXATION; REVENUE BUSINESS~ PROFESSIONAL AND OCCUPATIONAL LICENSE (BPOL) TAX A segment of the business community continues to agitate for elimination of the local business, professional and occupational license (BPOL) tax. It is important, however, to understand the devastating consequences that loss of this revenue source could have on Virginia's local governments. The BPOL tax generates about $310 million a year for local governments in Virginia and for Fiscal Year 1994-1995, generated $8.9 million for this City. The pressure to repeal the BPOL tax originated in Northern Virginia and continues to be strongest there, particularly among some high technology industries. In the City of Roanoke, there have been few, if any, complaints from the business community regarding the tax. Some in the business community have complained that the tax is unfair because it is based on gross receipts rather than profit. Businesses, however, acknowledge that the tax is passed on to customers and clients, which makes it no different than the sales tax. Furthermore, the BPOL tax is no different from any other local tax or business-related expense, such as rent, utilities, or insurance, that must be paid, regardless of whether a business is 14 profitable. Moreover, the BPOL rates are minimal. In the City of Roanoke, the amount a business would pay ranges from .0014% (contractors) to .0058% (professionals, such as doctors and lawyers). Thus, a business with $100,000 of gross receipts would pay between $140 and $580 annually, depending on its classification. Such a small amount could not be a defining element in the success of a business. It has also been suggested that the BPOL tax is a "jobs killer" and that it deters businesses from locating in Virginia. Virginia, however, is a low tax state, ranking 46th in state and local taxes per $1,000 of income. Forty-five states have a higher combined state and local tax burden than Virginia. As for the tax being a "jobs killer", the Department of Taxation reports that there have been 115,000 new jobs created in the State since the Allen administration assumed office. Elimination of the BPOL tax would reduce the stability and diversification of the local revenue base. Most local governments already rely heavily on the property tax, and many local governments have seen growth in sales tax revenue decline. BPOL revenue cannot realistically be replaced by other local taxes or fees. City Council is willing to consider amendments to the BPOL tax which would provide more uniformity on a statewide basis and which would result in no loss of revenue to the City. City Council is also willing to consider a credible replacement to the BPOL tax. A credible replacement would be a tax that remains under local control, generates an equivalent amount of revenue and has the potential for future revenue growth, which is why an annual State appropriation is not an acceptable substitute. Realistically, the income tax and the sales tax are the only other tax sources that can generate sufficient revenue to replace the BPOL tax. LAW LIBRARY The Roanoke Law Library is a public library providing services to private citizens,, students, teachers, government agencies and businesses as well as the Bar. The Law Library is supported primarily by a filing fee of $4.00 levied on each civil action filed in the Circuit Court or the General District Court. Recently, the number of filings has, however, been down sharply. In Flscal Year 1991-1992, the Law Library received $163,000 in filing fees, whereas in Fiscal Year 1995-1996, the Law Library is projected to receive only $117,000 in fees, the lowest figure in five years. At the same time, over the five-year period, the cost of legal publications increased twenty-four percent, and the Library's budget for these publications decreased twenty-eight percent. 15 The $4.00 ceiling on filing fees levied on civil actions was established by the 1988 Session of the General Assembly. In order to provide adequate support for the Law Library, the General Assembly is urged to increase the allowable fee ceiling under ~42.1-70, Code of Virginia (1950), as amended, from $4.00 per case to $6.00 per civil case. Furthermore, S14.1-133.2 establishing a maximum total assessment for law library assessments and Courthouse and jail maintenance assessments should be increased from $6.00 to $8.00 per civil case. REGIONAL IS S U _F'.~ URBAN PARTNERSHIP Urban Partnership, The's ~argest cities and Coun e~O%S~l_st~, o~. eighteen of Virginia Commerce an~ the Vir~l,~ ~__~__ _ ~,.un~ v~rglnla Chamber of ~ ..~ oumxn~ss council consisting of fifty of Virginia,s largest businesses, was created to analyze the ability of the Commonwealth,s regions to compete in the global marketplace. If Virginia is to be competitive in the global marketplace, we must have high performance regions. Two of the characteristics found by the Partnership to exist in high performance regions of the Southeast with which Virginia's regions compete are collaborative regional government systems and lessened disparity among areas within the region. If the State's regions are to truly think and act regionally, major incentives'must be provided to advance regional decision making and Counteract the reality of multiple political boundaries within a region. 'The City endorses the Urban Partnership,s recommendations of an incentive fund of $200 million to reward regions that think and act regionally. The incentive fund would reward increased regional efforts Over time, reward those regions that undertake a broad array of regional efforts and recognize existing regional efforts. The Partnership,s study notes that, although Virginia,s system of independent cities and separate counties has served the Commonwealth well for many decades, Virginia is the only state that retains this system on a statewide basis. Today two trends challenge the effectiveness of the traditional system. The first is population growth. Some Counties are densely populated and have developed a set of municipal services similar to those in cities. This parallel development of infrastructure and services, sometimes duplicative and expensive, undercuts the urban-rural distinction that was the basis for the traditional system. Second, economic competition today is not just local or statewide or even national in scope. A city no longer competes Just with an adjoining county; 16 instead the region that includes both city and County competes with regions elsewhere in the country and the world. This creates a clear need for cooperation between regions. Therefore, the City supports the Urban Partnership s recommendation that Virginia law should permit opportunities for strong regional cooperation and consolidation and an effective means for independent cities to transition to cities that are part of adjacent counties. THE NEW CENTURy COUNCIL Through the New Century visioning process, the people of the New Century Region were given the opportunity to decide for themselves what their future should be. As a result of the work of more than 1,000 volunteers, we how have a vision of where we want to be in 20 years. In addition, New Century committees developed approximately 150 strategies. Two endorses the 1996 of the strategies require legislative action, and the City the following strategies and recommends them for action at Session: Create The New Century Regional Economic Development Council by General Assembly action to focus on and Oversee a regional approach to all aspects of economic development, including the clustering of those industries likely to create new jobs and further investment in our region. Pursue the establishment at Virginia Tech of a joint office of the Virginia Department of Economic Development and the Center for Innovative Technology to expedite the commercialization of applicable research and other business prospects. INTERSTATE 73 TRAN$ PO RTATIO N The Intermodal Surface Transportation Efficiency Act of 1991 ("ISTEA,.) authorized the development of a national highway system to serve major population centers and major travel destinations. ISTEA identifies the Interstate 73 corridor from Charleston, South Carolina, to Detroit, Michigan, as being a high priority. The City supports an alignment of 1-73 following the right-of- way of U. S. 460 from the West Virginia line, then following the rights-of-way of the proposed "Smart Highway", Interstate 81 and 17 Interstate 581 in the City of Roanoke, and then generally following the right-of-way of U. S. Route 220 from Roanoke to the North Carolina line. This alignment would provide access to the largest population center in Virginia west of Charlottesville, the medical and financial centers of Southwestern Virginia, the largest airport in Southwestern Virginia and one of the State's major universities. The City's preferred alignment would strengthen both interstate and intrastate commerce and provide direct economic benefits to the Commonwealth. SMART ROAD - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECii Direct access between the Roanoke Valley and Blacksburg/Vlrginla Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to 1-81 is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted when it was placed in the State's 6-year plan. Recently, the Virginia Department of Transportation has begun public hearings on the "Smart Road" Project. Thus far, the federal government has allocated nearly $6 million to the Project. The City supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. INTERSTATE 66 A new transportation link between Tidewater, Virginia, and central California, via mid-America, has been proposed. This project is sometimes known as the Interstate 66 or Transcontinental Highway Project. An east-west interstate serving the southern part of Virginia, including Lynchburg and Roanoke would be a boon to the economic vitality of the Commonwealth. Therefore, the City supports an alignment of this important transportation link that would take it from Norfolk to Richmond, then follow the U. S. 460 corridor through Lynchburg and Roanoke, and then on to West Virginia. EXTENSION OF PASSENGER RAIL SERVICE City Council has previously urged support for the extension of AMTRAK rail service from New York to Atlanta via Roanoke. See Resolution No. 31374-030893. More recently, the Virginia Department of Rail and Public Transportation has completed Phase I of a study of passenger rail service between Washington, D. C. and Bristol, and/or between Richmond and Bristol. Roanoke would be a station along both proposed routes. Phase I of the study concludes that the proposed passenger rail service is feasible. Phase II of 18 the study is now required to consider in more detail the preliminary conclusions of Phase I. New passenger rail service would provide badly needed transportation access and act as a catalyst to development of local economies. Passenger rail service to downtown Roanoke would provide additional support and increased visibility to such local economic development projects as the Hotel Roanoke and Conference Center, the Historic City Market, the Virginia Museum of Transportation, Center in the Square, Henry Street and other attractions and businesses in downtown Roanoke. City Council endorses the proposal to extend AMTRAK service between New York and Atlanta via Roanoke and urges completion of the Bristol Rail Passenger Study by the Virginia Transportation Board. VIRGINIA MUSEUM OF TRANSPORTATION The Virginia Museum of Transportation, located in downtown Roanoke, attracts visitors to downtown and is important to people of this region in understanding our railroad heritage. With the construction of the railside linear park, which will connect the Market area and the Museum, and capital improvements being made at the Museum, the Museum's potential as a tourist destination is vastly improved. City Council, therefore, is very appreciative of the General Assembly's funding of the Museum at the level of $100,000 for each year of the 1994-96 Biennium. The General Assembly is urged to increase its funding of this important educational and cultural facility in next Biennium. URBAN INTERSTATES - MAINTENANCE The appearance of the 1-581 corridor frequently creates the first impression that visitors and economic development prospects have of the Roanoke Valley. Regrettably, there have been numerous complaints about the appearance of the 1-581 right-of-way. These complaints relate to litter, lack of mowing and scarcity of trees, shrubbery and plantings to promote beautification. Members of the Roanoke Valley delegation to the General Assembly are, therefore, urged to seek adequate funding for the maintenance and beautification of the 1-581 corridor. 19 ECONOMIC DEVELOPMENT HIGHER EDUCATION CENTER While the Roanoke Valley has some elements of a higher education infrastructure, they are inadequate to assure to the Roanoke Valley its share of economic growth and the improved quality of life that would follow. Establishment of a higher education center in Roanoke would be a step toward this goal. The proposed higher education center is modeled after a new ten million dollar, 90,000 square foot, Southwest Virginia Higher Education Center in Abingdon. Abingdon, like Roanoke, is part of a geographic area of the Commonwealth recognized by the General Assembly as lacking sufficient higher education opportunities to meet current and future needs. The State has also recently funded a new twenty-four million dollar, 200,000 square foot, community college campus in Norfolk. The proposed center would be developed by Virginia Western Community College which would expand its programs, including programs intended to meet the area's industrial and technological training needs. The Roanoke Valley Graduate Center, which has been so well received that it has outgrown its current location, would also be located in the center. Space would be available to house programs of Virginia Tech that would benefit from an urban location near the Hotel Roanoke and Conference Center. The General Assembly is urged to fund the proposed higher education center in Roanoke which will advance the educational needs of the area as we prepare to meet the challenges of the Twenty-first Century. GENERAL GOVERNMENT EVICTION OF TENANTS - COSTS OF REMOVING AND DISPOSING OF PERSONAT. PROPEK'r~ Section 8.01-156, Code of Virginia (1950), as amended, seems to require, when personal property is removed from rental property pursuant to a court-ordered eviction, that the sheriff store the property and later conduct a public sale unless the owner of the property removes it from the public way. In practice, personal property is placed in the public right-of-way and then picked up by the City Department of Solid Waste Management and hauled to the Transfer Station and then ultimately to the Regional Landfill. All this occurs at great expense to the taxpayers of the City. Of course, the discarding of old sofas, mattresses and other household 20 items in the public right-of-way creates a terrible aesthetic situation and certainly negatively impacts the quality of life of neighborhoods where this occurs. Storage and sale of this personal property is not a viable alternative since there is no storage area, and, if one existed, the costs of storage and sale would generally far exceed the value of the property. Rather than burdening the general public with the cost of removing the personal property of evicted tenants and disposing of it, the City submits that this should be a cost and responsibility of the property owner who sought and obtained the eviction. Therefore, the City urges that S8.01-156 be amended to provide that removal of the possessions of evicted tenants is the responsibility of the landlord, rather than the public. VIRGINIA PUBLIC EMPLOYEE RETIREMENT SYSTEMS - PORTABILITY BENEFITS The recruitment and retention by the Commonwealth and local governments of qualified officers and employees is critical to maintaining and improving the quality of public service in the Commonwealth. Intrastate mobility of public service professionals would facilitate and enhance the recruitment of qualified personnel. Some political subdivisions of the Commonwealth do not participate in the Virginia Retirement Systgm (VRS). State law does not currently provide for portability between local retirement systems or the local retirement systems and the Virginia Retirement System. To address the portability issue, the 1994 Session of the General Assembly adopted HJR 104 which required the VRS to conduct a study in conjunction with the Association of Municipal Retirement Systems. The required study has now been completed by VRS, and enabling legislation providing for portability has been recommended. The 1996 Session is requested to enact a bill providing for portability. CURFEW VIOLATIONS In 1992, a Citizens' Task Force recommended that the City's curfew ordinance be modernized and streamlined. Subsequently, City Council adopted a new ordinance, and the City administration, in conjunction with the Juvenile and Domestic Relations District Court and its Court Service Unit, developed and implemented a juvenile citation program which provides for Juvenile Court intervention in the case of repeat offenders. Dlspositlonal alternatives, however, are severely limited because curfew violation is considered a status offense. 21 In order to provide teeth for local government curfew ordinances, the General Assembly is urged to amend Title 16.1 to treat violation of local curfew ordinances the same as a traffic violation. Availability of fines and driver license revocation as dispositional alternatives in curfew cases would create a substantial deterrent to recidivism. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months after the occurrence. Compliance with §8.01-222 is simple; a claimant merely needs to state the nature of the claim and the time and place at which the injury occurred. Bills have been introduced at several recent sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with S8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If S8.01-222 is repealed, cities and towns will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. The City believes that the notice requirement of S8.01-222 represents sound public policy and urges the defeat of any bill weakening or repealing ~8.01-222. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining employees in general or for any public employee group, School Board employees, should be opposed. for public including All public employees now have effective grievance procedures. Both the City and the School Board have developed effective means of communication which permit public employees to voice their concerns. Collective bargaining would be a detriment to the progress which has been made. 22 CHARTER HANDGUNS IN PUBLIC PARKS Under current State law, firearms may be openly carried in City parks without fear of arrest. The risks inherent in the carrying of firearms in City parks are a grave concern to City officials and citizens. The General Assembly has recently prohibited possession of firearms on school grounds. Virginia State Park Regulations prohibit the carrying or possessing of firearms in State parks. Regulations already applicable to school grounds and State parks should logically be extended to public parks. The General Assembly is requested to amend §2(18) of the City Charter to authorize City Council to adopt an ordinance regulating or prohibiting the carrying of handguns in City parks. Such ordinance would exempt law enforcement officers and persons who hold concealed weapons permits. 23 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of December, 1995. No. 32774-121195. VIRGINIA, AN ORDINANCE amending and reordaining Rule 1, Regular meetings, of S2-15, Rules of procedure, of the Code of the City of Roanoke (1979), as amended, to provide for a new schedule of regular meetings of City Council effective January 1, 1996; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Rule 1, Regular meetings, of S2-15, Rules of procedure, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: §2-15. Rules of procedure. Pursuant to ~8 of the Charter, providing for the determination of its rules by the council, the following rules set out in this section are adopted. Rule 1. Regular Meetings. (a) The council shall hold regular meetings on the first and third Mondays of each month. When any regularly scheduled Monday meeting shall fall on a holiday of the city, such meeting shall be held on Tuesday next following. Unless otherwise provided by ordinance or resolution of council, each meeting of city council shall commence at 12:30 p.m. for the conduct of informal meetings, work sessions or executive sessions. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 12:30 p.m. session and the 2:00 p.m. session. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. All meetings of city council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. (b) Ail regular meetings of council shall be held in the Council Chambers, Room 450, of the Municipal Building in the city, unless otherwise provided by ordinance or resolution of council. (c) This rule shall have no application to the organizational meeting of council required by Sl0 of the City Charter. 2. Rule 1, as amended by this ordinance, shall be effective as to regular meetings of City Council held on and after January 1, 1996. 3. municipal ordinance shall be In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this in full force and effect upon its passage. ATTEST: City Clerk. Tentative Schedule of Meetings January - June Tuesday, January 2, 1996 Monday, January 8, 1996 Tuesday, January 16, 1996 Monday, February $, 1996 *Tuesday, February 20, 1996 Monday, March 4, 1996 *Monday, March 18, 1996 *Monday, April 1, 1996 12:30 p.m. - Council/City Manager Briefing 2:00 p.m. - Council 12:15 p.m. - Council/Luncheon meeting with Roanoke County Board of Supervisors ~. ,~_.. 12:30 p.m. - Council/City Manager Briefing 1:00 p.m. - Water Resources Committee 1:30 p.m. - Greater Roanoke Transit Company 2:00 p.m. - Council 7:00 p.m. - Council 12:30 p.m. - Council/City Manager Briefing 2:00 p.m. - Council 12:30 p.m. - Roanoke City Council/Vinton Town Council *'1:00 p.m. - Water Resources Committee *'1:30 p.m. - Greater Roanoke Transit Company 2:00 p.m. - Council 7:00 p.m. - Council 12:30 p.m. - Council/City Manager Briefing 1:00 p.m. - Audit Committee 2:00 p.m. - Council 12:30 p.m. - City Council/City Planning Commission *'1:00 p.m. - Water Resources Committee *'t:30 p.m. - Greater Roanoke Transit Company 2:00 p.m. - Council 7:00 p.m. - Council 12:30 p.m. - Roanoke City Council/Roanoke City School Board 2:00 p.m. - Council *Monday, April 16, 1996 Monday, May 6, 1996 Monday, May 20, 1996 Student Government Day *Monday, June 3, 1996 Monday, June 17, 1996 12:30 p.m. - Council/School Board Interviews *'1:00 p.m. - Water Resources Committee *'1:30 p.m. - Greater Roanoke Transit Company 2:00 p.m. o Council 7:00 p.m. - Council Public hearings on recommended 1996-97 budget and tax rates 12:30 p.m. - Roanoke City Council/Roanoke County Board of Supervisors (since Roanoke County ia hosting, the Board may request that the meeting be rescheduled to May 14) 2:00 p.m. - Council 12:30 p.m. - Council/Lunch with students 2:00 p.m. - Council 7:00 p.m. - Council 12:30 p.m. - Roanoke City Council/Roanoke Redevelopment and Housing Authority *'1:00 p.m. - Audit Committee 2:00 p.m. - Council 12:30 p.m. - Council/City Manager Briefing 1:00 p.m. - Water Resources Committee 1:30 p.m. - Greater Roanoke Transit Company Greater Roanoke Transit Company Stockholders Meeting 2:00 p.m. - Council 7:00 p.m. - Council *Meeting hes not been confirmed. **Mestlng may be rescheduled. City Public Schools De~rnenr of H~O~ ~ December 7, 1995 ~F,C. Ms. Linda F. Wyatt 2543 Round Top Rd.. NW Roanoke, VA 24012 D~nr Ms. VVya~ ~ ~,m, eneouve uanuaq~ z, 1~6, as opposed to the current second and fourth Mondays. This new schedule mil necessitate a change in the time that you will need to leave Wests~le to attend the meetings. The request for this change is appmve~. In speaking with Mrs. Richantson, she _a_.r~, n_g _~1~. for .you ~ t~. able to leave Wests;de a~ 11:45 am, on the days of the C~ ~,uun=l meeung~ In oKler to arrive by 12:15 pm. rf you have questions, please call. We continue to extend best wishes for a most successful year in all of your en~eevom. Sincerely, R. Faye P~msanta Executive for Human ReSOurces jb cc: ~. Wayne Harris, Superintendent S~aron E. Richardson, DEC--1~--l~35 14:31 Excellence in Educorfon TOTAL P.01 P.ID1 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #132-175-227-448 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, December 11, 1995, the matter of providing greater access to information by citizens of the City of Roanoke via televising City Council meetings on the public access channel, E-mail, computerization of City Council agendas, and publishing an information page in the local newspapers was referred to you for report to Council within 60 days. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #79-137-169 David A. Camper, President Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Dear Mr. Camper: I am enclosing two copies of Resolution No. 32778-121195 supporting tax exemption of property owned by Habitat for Humanity in the Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for charitable or benevolent purposes on a non-profit basis. Resolution No. 32778-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Pursuant to Paragraph 4, I am forwarding an attested copy of the above referenced measure to the Commissioner of the Revenue and to the City Treasurer for the purpose of assessment and collection, respectively, of the service charge established by said Resolution. Resolution No. 32778-121195 will be in full force and effect at such time as a copy, duly signed by an authorized agent of Habitat for Humanity in the Roanoke Valley, Inc., has been filed with the City Clerk. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. David A. Camper December 14, 1995 Page 2 pc~ The Honorable Marsha C. Fielder, Commissioner of the Revenue The Honorable Gordon E. Peters, City Treasurer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32778-121195. A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Habitat for Humanity in the Roanoke valley, Inc. and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1996 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, $6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 11, 1995; WHEREA~, the provisions of subsection B of S30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREA~, the Applicant agrees that the property to be exempt from tax&t~on is the personal property Of the Applicant and the buildings and a~ ~uch la~d al lB reasonably necessary to the use of its buildings, providing such personal and reel property shall be used by the Applicant exclusively purposes on a non-profit basis; and WHEREAS, in consideration of for charitable or benevolent Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to ~ Introduced on behalf of the Applicant at the 1996 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax lev~, which would be applicable to real property of the Applicant were the Applicant not exempt from such taxation, for so long as the applicant's real property is exempted from State and local taxation. THEREFORe, BE IT ORDAINED by the Council of the City of Roanoke as follows= 1. Council supports a bill to be introduced at the 1996 Session of the General Assembly whereby Habitat for Humanity in the Roanoke Valley, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of ~6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit baals, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's auppor~of the bill described in Paragraph I of this Resolution to be Introduced at the 1996 Session of the General Ass~sbly, tJllA~licent agrees to pay.to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, whichwouldbe applicable to real proper~y of the Applicant, in the City of Roanoke, were the Applicant not exes~t from State and local taxation, for so long aa the Applicant Il exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of S30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Applicant owns real property currently assessed at $177,500.00, representing a real property tax liability of $2,183.24 for the 1995-96 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, to David A. Camper, President for the Applicant. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. . ATTEST: Pd~.,,.A.~__ City Clerk. ACCEPTED, AGREED TO and EXECUTED by Habitat for Humanity in the Roanok. Valley, ~n¢;, this ~/~'-7~d~y of .~,~. , 19 9~.. HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. (SEAL) HI. December 18, 1995 95-~8 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Stlbj¢ct: Request for support for tax exempt status from Habitat for Humanity in the Roanoke Valley, Inc. I. BACKGROUND: Ao Habitat for Humanity in the Roanoke Valley. Inc, is a Virginia, non-stock, not for profit corporation. Habitat for Humanity in the Roanoke Valley, Inc, exists as a charitable and benevolent organization responding to the housing needs of low income families. Co Habitat for Homanlty in the Roanoke Valley. Inc, has been offered a gift of certain real property located at 1701 Cleveland Avenue, S.W., tax map number 1320804. Real estate assessed value for the property at 1701 Cleveland Avenue is ~ with a real estate tax assessment of ~ CURRENT SITUATION: ~ Resolution Number 30884-021892 on February 18, 1992 to establish guidelines for organizations seeking support for exemption from taxation (see attachment A). Notification of a Public Hearin~ to be held on December 11, 1995 was advertised in the Roanoke Timffs on December 3, 1995. ISSUES: A. Compliance with City policy. B. Service to citizens. C. Cost to City The Honorable David A. Bowers, Mayor and Members of City Council December 18, 1995 Page 2 D. 121¢.lca:minali~ by Commissioner of Revenue. IV. ALTERNATIVES: ~ the request of Habitat for Humanity in the Roanoke Valley, Inc., for Council support of their request to the 1995 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 (of the Constitution of Virginia) and Section 58.1-3650 et seg of the Code of Virginia. ~ policy has been met through the filing of their petition. (see attachment B). ~ is met as Habitat for Humanity in the Roanoke Valley, Inc. responds to the housing needs of low income families. Cost to the City will be $1.746.59 in real property taxes. A twenty percent (20%) service charge of in lieu of real estate taxes will be levied by the City annually. The amount for 1996/97 will be $436.65. Determination by the Commi.qsioner of the Revenue. Ms. Marsha Compton Fielder, has opined that the stated purpose and activities of Habitat for Humanity in the Roanoke Valley, Inc. conforms to the nature of those non-profit organizations qualifying for exemption under the Virginia Exemption by Classification Statute. B. ~ request of Habitat for Humanity in the Roanoke Valley, Inc. Compliance with City policy has been met through the filing of their petition (see attachment B). 2. Service to citizen~ will not be affected. 3. Cost to the City will not be an issue. o Determination by Commissioner of the Revenue, Ms. Marsha Compton Fielder, has not been affected. The Honorable David A. Bowers, Mayor and Members of City Council December 18, 1995 Page 3 V. RECOMMENDATION: Recommend that City Council concur in Alternative A and grant the request of Habitat for Humanity in the Roanoke Valley, Inc., for Council support of their request to the 1995 General Assembly to be designated exempt from taxation pursuant to Article X, (of the Constitution of Virginia) Section 6(a)6 and Section 58.1-3650 r,L~g. Respectfully submitted, W. Robert Herbert City Manager WRH/PFS:kdc cc: City Attorney Director of Finance City Clerk Commissioner of the Revenue Director of Human Resources Manager, Management and Budget David A. Cooper, President, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S.W., Suite 310, Roanoke, VA 24016 Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S.W., Suite 310, Roanoke, VA 24016 ATTACHMENT A IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit 6rganizatlons request of the General Assembly to be pursuant to Artlcle X, Section Virginia; WHEREAS, this Council has not heretofore with respect to those organizations requests designated exempt from taxation 6(a)(6) of the Constitution of conditions under which Council will support request for tax-exempt status; WHEREAS, a written policy will assist Council in considering whether an organization should be given Council's support of its request for tax exempt status, and a written policy also will help to insure that all similarly situated organizations are treated uniformly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That effective March 1, 1992, as a condition to receiving a resolution from Council supporting its request of the General Assembly to be designated exempt from taxation pursuant to Article adopted any policy and the terms and an organizations X, Section 6(a)(6) of the Constitution of Virginia, all organizations must: (a) (b) request a written determination from the Commissioner of revenue whether the organization is tax-exempt by classification or designation under the Code of Virginia; notify the City Clerk, in writing, of the organization's intent to seek new or additional space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation; (c) agree to pay to the City an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, were the organization not exempt from such taxation, for so long as the organization's real property is exempted from State and local taxation; (d) submit to the City Manager detailed answers to the questions set forth in subsection B of S30-19.04 of the Code of Virginia (1950), as amended, such answers must be submitted no later than November 15 in order to receive a resolution to be considered by the next session of the General Assembly; and (e) file a petition for tax-exempt status with City Council at least sixty (60) days in advance of the first day of the next session of the General Assembly. 2. If the Council adopts a resolution supporting an organization's request of the General Assembly, and the request is granted= (a) the value of all exempted taxes shall be deducted from any funding provided by the City to the organization; and (b) the Commissioner of Revenue and the Office of Real Estate Valuation will monitor the tax-exempt status of the property through the use of= (1) biennial application for tax-exemption; and (2) regular use compliance checks Office of Real Estate Valuation. ATTEST: City Clerk. by the MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401. 1-1536 Telephone: (540) 981-2541 Fax~ (540) 224-3145 ATTACHMENT B November 20, 1995 File #Tg-137-16g-178 NOv 2 7 1995 Roanoke C~ty Office of Economic Development W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., transmitting a petition requesting adoption of a measure in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. On motion, duly seconded and adopted, the petition was referred to you for study, report and recommendation to Council, and a public hearing was authorized to be held on Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. W. Rol~ert Herbert November 20, 1995 Page 2 pc: Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, Suite 310; Roanoke, Virginia 24016, a Virginia, non-stock, not for profit corporation has been offered a gift of certain real property located at 1701 Cleveland Avenue, S. W. in the City of Roanoke, Virginia, which property is City of Roanoke Tax #1320804. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the 1950 Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the housing needs of low income working families, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organiTation not be tax exempt, for so long as this tax exemption continues. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the folio.wing questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. (A) Your Petitioner is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organiTation has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has two salaried employees neither of whom is an officer of director. o Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organi~mtion is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. 2 (A) No part of the net earnings of your Petitioner/nures to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. 5. Whether the organization provides services for the common good of the public. (A) Your Petitioner provides services for the common good of the public in as much as it provides moderately priced housing for low income working families. Whether a substantial part of the activities of the organiTaqon .inv_olves carrying on propaganda, or otherwise attempting, to inf~.uence legislation and whether the organi?ation participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. The revenue impact to the locality :~nd its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption, indeed the homes we build will be on the tax roles of the City of Roanoke and this will enhance the tax revenue of the City of Roanoke. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner provides housing for low income working families; such housing is provided for a moderate price which is financed over a twenty year period without interest. Note: A copy of thi, Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. 3 WHEREFORE, your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an oppo.rmnity to be heard and (2) that a ~commendation be made to the General Assembly of Virginia that this real property of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et sea. exempting this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing housing for low income working families. Respectfully Submitted this 8th day of November, 1995 HABITAT FOR HUMANITY IN THE ROANOKE VALLEY, INC. By: Its a, - President 4 Roanoke Times & World-News - Ad Number: 120398818 Publisher's Fee: $64.80 CITY OF ROANOKE, CITY CL MARy F. PARKER ROOM 456 215 CHURCH AVENUE, SW ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 12/03/95 FULL RUN - Sunday Witness, this 8th day of December 1995 Authorized Signature NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on December 11, 1995, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of resolutions pursuant to §30-19.04, Code of Virginia (1950), as amended, on request of Habitat for Humanity in the Roanoke Valley, Inc., for designation of property to be exempted from taxation. The real estate assessed value for 1995/96 on the Habitat for Humanity in the Roanoke Valley, Inc.'s real property is $177,500.00, with a real estate tax assessment of $2,183.24. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 29th day of November, 1995. Mary F. Parker, City Clerk. NOTE TO PUBLISHER: Please publish once in the Roanoke Times on Sunday, IJecember 3, 1995. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 MARY E PARKER, CMC/A.4~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 20, 1995 File #79-137-169-178 W. Robert Herbert City Manager Roanoke, Virginia I am attaching copy of a communication from Amy C. Mo~:~e, ~ Director, Habitat for Humanity in the Roanoke Valley, In~, transmitting · patttlen requewting adoption of a meaaure in supper of the organizatkm'~ reqtmat to oblain tax4x~mpt ~tattm from the General Aa~embly of Virginia on ~ real ~ Io~ted in the City of Roanoke, which communication wee I~.~ the Council of tl'm City of Roart~e at · regular meeting held on Monday, Novemll~' 1~, lg~[. On maean, duly ~xl~l ami adnln~d, Itte pattlion wm~ refen~l to you fo~ study, report and recommendatlen tl~ Monday, heard. MFP:~m - ' W. Robert Herbert November20,1995 Page 2 Amy C. Moore, Executive Director, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, S. W., Suite 310, Roanoke, Virginia 24016 Wilbum C. Dibling, Jr., City Attorney MARSHA COMPTON FIELDER CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Aver~ue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 November 8, 1995 Mr. David A. Camper Habitat for Hamnn/ty ill the Roanoke Valley 541 Luck Ave Suite 310 Roanoke, Va. 24016 RE: 1701ClevehndAveSW Tax Map Number 1320804 Dear Mr. Camper: This is to inform you I will phce the above parcel on the City of Roanoke Real Estate Tax Service Charge Roll effective with the 1996-97 fiscal year beginning July 1, 1996. This action presumes the General Assembly grants an exemption for the Habitat for Humanity in the Roanoke Valley. This property must be used exclusively for non-profit and charitable purposes. If you have further questions, please call me. Sincerely, Marsha C. Fielder Commissioner of the Reveaue cc: Mary F. Parker City Clerk ~ building houses in partnership with God's people in need FOR HUMANITY IN TH~ ROANOKE VALLEY Jefferson Center 541 Luck Ave., Suite 310 Roanoke, VA 24016 (540) 344-0747 November 8, 1995 Ms. Mary F. Parker, CMC/AAE City Clerk City of Roanoke Office of the City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-2541 Dear Ms. Parker: The property referred to in the attached Petition is located at 1701 Cleveland Avenue, S. W., Roanoke, Virginia; Tax #1320804. This property is being given to Habitat for Humanity by Deed of Gift. We expect to record this Deed by January 1, 1996, which is the date that we plan to occupy the building on this real estate. We are advised by the City Attorney's office that this is in compliance with Ordinance No. 30884-021892 of the City Council which requires that your office be given 45 days notice prior to an organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation. Thank you for your patience and assistance with this matter. Should you have any questions or need additional information, please contact me at the Habitat office. Sincerely, Amy C. Moore Executive Director VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMIrI'ION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., 541 Luck Avenue, Suite 310; Roanoke, Virginia 24016, a Virginia, non-stock, not for profit corporation has been offered a gift of certain real property located at 1701 Cleveland Avenue, S. W. in the City of Roanoke, Virginia, which property is City of Roanoke Tax//1320804. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et se~. of the 1950 Code of Virginia, as amended, in order that the referenced real estate, to be used exclusively for charitable and benevolent purposes in responding to the housing needs of low income working families, be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner agr~s to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to thi.~ real estate, were our organization not be tax exempt, for so long as this tax exemption continues. 4. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04 (Bi) of the 1950 Code of Virginia, as mended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In Compliance with Section 30-19.04 (B) the folio.wing questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. (A) Your Petitioner is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code of 1954. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organiTation has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Your Petitioner has two salaried employees neither of whom is an officer of director. Whether any part of the net earnings of such organiTation inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. (A) No part of the net earnings of yOUr Petitioner inUres to the benefit of any individual and only a modest portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. 5. Whether the organization provides services for the common good of the public. (A) Your Petitioner provides services for the common good of the public in as much as it provides moderately priced housing for low income working families. Whether a substantial part of the activities of the organization .involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No role, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. No role, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. The revenue impact to the locality ~nd its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption, indeed the homes we build will he on the tax roles of the City of Roanoke and thi.q will enhance the tax revenue of the City of Roanoke. Any other criteria, facts and circumstances which the governing body deems pertinem to the adoption of such resolution. (A) Your Petitioner provides housing for low income working families; such housing is provided for a moderate price which is financed over a twenty year period without interest. Note: A copy of this Petition is being delivered this day to the City Manager of the City of Roanoke, Virginia. 3 WHEREFORE, your Petitioner, Habitat for Humanity in the Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an oppo.rtunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that this real property of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq. exempting this real property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing housing for low income working families. Respectfully Submitted this 8th day of November, 1995 HABITAT FOR HUMANITY IN THE ROANOKE V^I J.EY, INC. President 4 MARY E pARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 2).5 Church Avenue, S.W., Room 456 Roanoke, Virginia 240). l-).536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #79-137-169 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, December 11, 1995, Council Member White requested that you report to Council with regard to the number of tax exempt properties located within the City of Roanoke and when the matter should receive further review by the Council. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm pc: Wilburn C. Dibling, Jr., City Attorney MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #79-137-169 Ruth Fielder President and Executive Director Crisis Pregnancy Center of Roanoke Valley, Inc. 3725 Sunrise Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Fielder: I am enclosing two copies of Resolution No. 32779-121195 supporting tax exemption of property owned by Crisis Pregnancy Center of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for charitable or benevolent purposes on a non-profit basis. Resolution No. 32779-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Pursuant to Paragraph 4, I am forwarding an attested copy of the above referenced measure to the Commissioner of the Revenue and to the City Treasurer for the purpose of assessment and collection, respectively, of the service charge established by said Resolution. Resolution No. 32779-121195 will be in full force and effect at such time as a copy, duly signed by an authorized agent of Crisis Pregnancy Center of Roanoke Valley, Inc., has been filed with the City Clerk. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ruth Fielder December 14, 1995 Page 2 pc~ The Honorable Marsha C. Fielder, Commissioner of the Revenue The Honorable Gordon E. Peters, City Treasurer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32779-12~95. A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Crisis Pregnancy Center of Roanoke Valley, Inc. and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Crisis Pregnancy Center of Roanoke Valley, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1996 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, S6(a)(6) of the Constitution of Vlrginia~ WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on December 11, 1995~ WHEREAS, the provisions of subsection B of 930-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council~ WHEREAS, the Applicant agrees that the property to be exempt from taxation is the personal property of the Applicant and the buildings and as much land as is reasonably necessary to the use of its buildings, providing such personal and real property shall be used by the Applicant exclusively purposes on a non-profit b&sis~ and WHEREAS, in consideration of for charitable or benevolent Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1996 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant were the Applicant not exempt from such taxation, for so long as the applicant's real property is exempted from State and local taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follow~: 1. Council supports a bill to be introduced at the 1996 Session of the General Assembly whereby Crisis Pregnancy Center of Roanoke Valley, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of S6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph i of this Resolution to be introduced at the 1996 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October § of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of S30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the Same section, Council recognizes that the ApPlicant owns real property currently assessed at $245,800.00, representing a real property tax liability of $3,144.32 for the 1995-96 tax year. Council recommends to the General Assembly that the specific classification shall be benevolent or Charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Cemm!ssioner of Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, to Ruth Fielder, President end Executive Director of the Applicant. 5. This Resolution shall be In full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: ~~ City Clerk. ACCEPTED, AGREED TO and EXECUTED by Crisis Pregnancy Center of Roanok. Inc., thi. day of CRISIS PREGNANCY CENTER OF ROANOKE VALLEy, INC. The Honorable David A. Bowem, Mayor and Membem of City Council Dear Mayor Bowers and Council Members: December 18, 1995 95-47 Subject: Request for tax exempt status from Crisis Pregnancy Center of Roanoke Valley, Inc. BACKGROUND: Crisis Pregnancy Center of Roanoke Valley, Inc. operates for charitable and benevolent purposes in responding to the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues. Crisis Pregnancy Center of Roanoke Valley. Inc., a Virginia non-stock, not for profit corporation, is the owner of certain real property located at 5034 Williamson Road, N.W. (tax map numbers 2190519, 2190518 and 2190520). Crisis Pregnancy Center of Roanoke Valley. Inc.'s real property has a real estate assessed value for 1995/96 of $245,800, with a real estate tax assessment of $3,144.32. CURRENT SITUATION: City Council adopted Resolution No. 30884-021892 on February 18. 1999 to establish guidelines for organizations seeking support for exemption from taxation. (see attachment A) Notification of Public Hearing to be held on December 11, 1995, was advertised in the Roanoke Times on December 3, 1995. ISSUES: A. ~ with City policy. B. Service to citizens. C. Cost to City. D. Drggtmillatioll by the Commissioner of the Revenue. The Honorable David A. Bowers, Mayor and Members of City Council December 18, 1995 Page 2 IV. ALTERNATIVES: l~Jl.Yf~iL~:~ the request of Crisis Pregnancy Center of Roanoke Valley, Inc. for Council support of their request to the 1996 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 (of the Constitution of Virginia) and Section 58.1-3650 rg._tc, g of the Code of Virginia. Compliance with City policy has been met through the filing of their petition (see attachment B). ,~g, lYJf~,~2~ is met as Crisis Pregnancy Center of Roanoke Valley, Inc. responds to the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues. Cost to the City will be Y~.,.&0.9~5_Q in real property taxes. A twenty percent (20%) service charge in lieu of real estate taxes will be levied by the City annually. The amount for 1996/97 will be ~ Determination by the Commiasioner of the Revenue, Ms. Marsha Compton Fielder, has opined that the stated purpose and activities of the Crisis Pregnancy Center of Roanoke Valley, Inc. conforms to the nature of those non-profit organizations qualifying for exemption. B. ~ request of Crisis Pregnancy Center of Roanoke Valley, Inc. Compliance with City policy has been met through the filing of the petition (see attachment B). 2. ~rYJ~t~LgJli2,~ would not be affected. 3. Cost to the City will not be an issue. Determination by the Corami~sioner of the Revenue, Ms. Marsha Compton Fielder will remain unchanged. The Honorable David A. Bowers, Mayor and Members of City Council December 18, 1995 Page 3 V. RECOMMENDATION: Recommend that City Council concur in Alternative A and grant the request of Crisis Pregnancy Center of Roanoke Valley, Inc. for Council support of their request to the 1996 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 (of the Constitution of Virginia) and Section 58.1-3650 et seg of the Code of Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH/PFS:kdc cc: City Attorney Director of Finance City Clerk Commissioner of the Revenue Director of Human Resources Manager, Management and Budget Ruth Fielder, President & Executive Director, Crisis Pregnancy Center of Roanoke Valley, Inc., 3725 Sunrise Avenue, N.W., Roanoke, VA 24012 Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc. 3725 Sunrise Avenue, N.W., Roanoke, VA 24012 .~" ATTACHI~ENT A ~ IN THE COUNCX~ FOR THE CITY OF ROANOKE, VIRGINIA~ The 18th Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit ~rganizations request of the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, this Council has not heretofore adopted any policy with respect to those organizations requests and the terms and conditions under which Council will support an organizations request for tax-exempt status; WHEREAS, a written policy will assist Council in considering whether an organization should be given Council's support of its request for tax exempt status, and a written policy also will help to insure that all similarly situated organizations are treated uniformly; THEREFOr, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That effective March l, 1992, as a condition to receiving a reeolution from Council supporting its request of the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia, all organizations must: (a) (b) request a written determination from the Commissioner of revenue whether the organization is tax-exempt by classification or designation under the Code of Virginia; notify the City Clerk, in writing, of the organization's intent to seek new or additional space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which it intends to seek tax-exempt designation; (c) (d) (e) agree to pay to the City an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, were the organization not exempt from such taxation, for so long as the organization's real property is exempted from State and local taxation; submit to the City Manager detailed answers to the questions set forth in subsection B of S30-19.04 of the Code of Virginia (1950), as amended, such answers must be submitted no later than November 15 in order to receive a resolution to be considered by the next session of the General Assembly; and file a petition for tax-exempt status with City Council at least sixty (60) days in advance of the first day of the next session of the General Assembly. 2. If the Council adopts a resolution supporting an organization's request of the General Assembly, and the request is granted: (a) the value of all exempted taxes shall be deducted from any funding provided by the City to the organization; and (b) the Commissioner of Revenue and the Office of Real Estate Valuation will monitor the tax-exempt status of the property through the use of: (1) biennial application for tax-exemption; and (2) regular use compliance checks by the Office of Real Estate Valuation. ATTEST: City Clerk. " ATTACHMENT B MARY E PARKER, C~C/AAE City Clerk CITY OF ROANOKF, OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 November 20, 1995 File #79-137-169 NOV 2 7 !995 Roanoke City Office of Economic Development W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., transmitting a petition requesting adoption of a measure in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located in the City of Roanoke, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, November 13, 1995. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council, and a public hearing was authorized to be held on Monday, December 11, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. W. Robert Herbert November 20, 1995 Page 2 pc: Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012-3325 Wilburn C. Dibling, Jr., City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6 (a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF T~E CITY OF ROANOKE: 1. Your Petitioner, Crisis Pregnancy Center of Roanoke Valley, Inc., a Virginia non-stock, not-for-profit corporation, is the owner of certain real property located at 5034 Williamson Road, N.W., in the City of Roanoke, Virginia, which property is more particularly described on Exhibit A attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, .Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, in order that the referenced real property and the personal property housed on such real property and used exclusively for charitable and benevolent purposes in responding to the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of §30-19.04.B of the Code of Virginia, 1950, as amended, after holding a public hearing with respect thereto M#295081 where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In compliance with §30-19.04.B the following questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to §501(c) of the Internal Revenue Code. (A) Your Petitioner is exempt from taxation pursuant to § 501(c) of the Internal Revenue Code· A copy of the exemption determination letter from the Internal Revenue Service is attached as Exhibit B. o Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. (A) No alcoholic beverage license has been or will be requested or issued for use on the referenced property. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders. (A) No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Only one director and officer of the Petitioner receives any compensation. The president and the executive director of your Petitioner, Ruth Fielder, works in excess of 40 hours per week and will receive an annual salary of $35,100 for 1995. That salary is comparable to salaries paid to executive directors of other nonprofit agencies of similar size. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or M#295081 2 federal grants· As used in this subsection donation shall include the providing of personal services or the contribution of in kind or other material services. (A) No past of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through donations and contributions from individuals, churches and businesses. Whether the organization provides services for the common good of the public· (A) Your petitioner provides services for the common good of the public in as much as it provides the following free services to women experiencing crisis pregnancies: (1) (2) (3) (4) (5) (6) (?) (s) (9) (10) (11) (12) A crisis helpline, Pregnancy testing, Education on pregnancy, abortion, adoption and parenting, Assistance in decision-making process, Childbirth classes, Used maternity and baby clothing, Used baby furniture, Ongoing counseling and friendship, Referrals for other needed services (including medical and legal services), Post-abortion help, and Sexuality and abstinence counseling. Group presentations promoting premarital sexual abstinence Attached hereto as Exhibit C is a brochure describing the services provided by your Petitioner. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office· (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. ~#295081 3 (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. See Statement of Policy attached as Exhibit D. 8. The revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. 9. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner is a locally organized, governed and funded entity which brings together the resources of the local community, its churches and businesses to alleviate some of the problems facing pregnant women. Concerned community leaders make up an advisory board which acts as a consultant for the operation of your Petitioner. WHEREFORE, your Petitioner, Crisis Pregnancy Center of Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to §30- 19.04 of the Code of Virginia, 1950, as amended, stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6 (a) (6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard ~ (2) that a recommendation be made to the General Assembly of Virginia that the real and personal property of your Petitioner be designated by a section within Article 4, Chapter 36 of Title 58.1 of the Code of Virginia, 1950, as amended, exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of M#295081 4 providing for the needs of women and their loved ones regarding crisis pregnancies, sexuality and post-abortion issues. Respectfully Submitted, CRISIS PREGNANCY CENTER OF ROANOKE VALLEY, INC. M#295081 5 LINE BEARING DISTANCE 2-$ S 14°52'52'E 58.80' 5-6 S 85°Og'37'W IO.77' PAVED-~ AREA ... .: \ \ EXHIBIT "A" LOCATION MAP .~. SITE CROSS ROADS MALL / ~/~052/ AREA '". , LINE SEARING DISTANCE 2-5 S 14°S2'52'E 58.86' 5-6 S S5'og'57'W 10.77' NOTES: \ PROPERTY INSPECTED 4-15-95. & IMPROVEMENTS HEASURED. ..~ BOUNDARY SHOWN HEREON BASED ON SURVEY PREFORMED 9'22-94. TOTAL ACREAGE FOR LOTS .B68 ACRES F.E...A..APS WH C. ZO.E NOT WITHIN THE I00 YEAR FLOOD PLAIN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT BY AN ATTORNEY AND THEREFORE MAY NOT NECESSARILY JNDICATE ALL ENCUMBRANCES UPON THE PROPERTY. PLAT OF LOT~ I. 2 & S. BLOCK 7 'AIRLEE COURT' PS 2 PG 6~ TAX IO~219051S. 2190519 & 2190S20 DB 1727 PG 1105 FOR CRISIS PREGNANCY CENTER 5054 WlLLIAM$ON ROAD CITY ROANOKE-ViRGINIA SCALE I*-$0' APRIL 17. 1995 CHARLES R. MC~URRY-CERTIFIED LAND SURVEYOR DALEVILLE, VIRGINIA 240S5-0097 1994 - 1995 FISCAL YE ,R REAL ESTATE NOTICE GOR[.,'ON E. PETERS, TREASURER INSTALLMENT OCTOBER P,O. SOX 1451 ROANOKE, VA 24007-1451 . [)(} NO, nwrlER AS DF HUUNTAIN TRUST RANK - EXFCUTOR CPISIS PREGNANCY CENTER OF RQA~IOKE VALLEY [NC 5n3~ ~[LL[A~ISON RD NN ROAtl0K E t VA Z~Ol2 PT LOT ~ RLK ? A[RLEE COURT 5n3~ ~[LL[AU~N ROAD NN VALUATIONS .AND J 500001 ILDG 161500 'ORAL il tS00 TAX RATE PER $I00 VALUATION 1ST INSTALLMENT [ · 2ND INSTALLMENT L · 1994 - 199,5 FISCAL YEAR REAL ESTATE NOTICE C~TY OF ROANOKE, VA INSTALLMENT OCTOBER E, 1S~4 GORDON E. PETERS, TREASURER P.O. BOX 1451 ROANOKE, VA 24007-1451 - ~ ' (~ O 0 ?.600 3 LnT ! RLK 7 A[RLEE COURT ?IA[TLAN0 AVF NN ZLqOSL8 VALUATIONS .AND I t ~30OI ~LDG I I rOTAL t 63U01 TAX RATE PER $100 VALUATION 1ST INSTALLMENT [ ~?.~ 2NO ~STALU~ENT L · 1994 - 1995 FISCAL YEAR REAL ESTATE NOTICE F~RST ~ PENALTY AFTER CITY OF ROANOKE. VA IN~TALLI~NT I OCTOBER S. 1~4. GORDON E. PETERS, TREASURER P.O. SOX 1451 ROANOKE, VA 24007-1461 .(~{~ . hO NO, 026005 OWNFR AS fiF 3t/qt/q&m III~UNTA[N TRHST RANK -- EXECUTOR CRISIS PRE~IANCY CENTER I1F R~ANRKE VALLEY [NC ~03~ ~[LL[A~ISON RD NH ROANOKE ~ VA 2~012 PT LOT 3, RLK 7 ATRLEE C~qI. IRT N[LL[AHSON ROAD Fig ,4:..-- VALUATIONS ILOG I FOTAL Z ?.700 TAX RATE PER ~ 100 VALUATION 1 ST INSTALLMENT 2ND INSTALLMENT IN',:~ I/'.~ I l, iI iii gILLIAMSON ROAD SPI::CIAL TAX DISTRICT ASSESSI~ENT CIT¥~F ftOANOKE, VA FIRST GORc~N E. PETERS, TREASURER ~ INSTALLMEnt J ~NALTY ~TER P.O. BOX 1~51 OCTO~R ROANOKE, VA 24007-~451 ..... ~~~~ .00 199~-~5 ~ CR IS~S-pR~GNANC~CENT VALUATIONS OF ROANOKE VALLEY INC 50,4 .ILLiANSON RD NN B[D~I-,O~ ROANOKE, VA 24012 TOTA l-l*SOq PT LOT 2 8LK 7 AIRLEE COURT 5034 NILLIAMSON ROAD NH No. SECOND 1 TAX RATE PER *~oo VALUATION 1ST INSTALLMENT ol 2ND INSTALLMENT · 95026004 242995 55.75 NILLIANSON ROAD CIT'; OF ROANOSE. VA GORDON E. PETERS, TREASURER P.O. BOX 1451 ROANOKE, VA 24007.1451 eO0 0UE-~Y-APRIL .... .... ~ tggs $ U P P'"~--2-- SPECIAL TAX DISTRICT ASSESS/4ENT No. 242996 FIRST PENALTY AFTER SECOND l INSTALLMENT I OCTOBERS 1 [ INSTALLMENT I .00 11.35 11.35 OF ROANOKE VALLEY 5034 #ILLIANSDN RO NM ROANOKEE VA 24012 2190520 PT LOT 3 BLK 7 AIRLEE COURT HILLIANSON ROAD N# 1994,,-g5 VALUATIONS $1 O0 VALUATION ST INSTALLMENT 2NO INSTALLMENT 95026005 N~UN/AIN-I'RU$1'--BANiL~. E~ECUTO~ #ILLIANSON-RO&D...S AL TAX DISTRICT AS3ESSMENT NO. CITY OF ROANOKE. VA nsr KNALt'Y AE~R - GORDON E. PETERS. TREASU. ~ ~ P.O. BOX 1451 ROANOKE. VA. 24007.14S ~ -00 8. IS 24012 OFO ROANOKE VALLEY INC 5034 NILLTANSON RD NH ROANOKEs VA LOT ! BLK 7 AIRLEE COURT 2190518 ~AITLAND AVE NM TAX RATE PER ~,~, '1 O0 VALUATION I~T INSTALLMENT · 1' 2ND INSTALLMENT · ~2994 NOTICE THIS DECISION BY THE EOAP, D OF EQUALIZATION IS FOR THE JULY 1, 1995 THRU JUNE 30, 1996 TAXABLE YEA~ ONLY AND IN NO WAY AFFECTS FUTURE ASSESSMENTS. THE OFFICE OF PEAL ~gTATE VALUATION WILL NOTIFY YOU n~ AN~ CHAN~E IN VALUE THAT MAY OCCUR AT THE NEXT P,~ASSESSM~NT CYCLE. FUTUPE R~ASSESSMENTS BY THE OFFICE OF PEAL ESTATE VALUATION MAY RE- SULT IN AN INCP.~ASE, DECREASE OR &F~WFIRMING THIS DECISION BY THE BOAKD OF EQUA~IZATION. BOARD OF EQUALIZATION OF R~AL ESTATE ASSESSMENTS FOR TH~ CITY OF ROANOKE Randolph E. Rarris~m,- ~f.,XS~creCary COMMONWEALTH OF VIRGINIA Board of Equalization of Real Estate Assessments YEAR 1995-~ .Crisis Pre~nanc7 Center of Roanoke Valley P.O. Box 13225 Roanoke. VA 24032 C21905t8 071 ORDER EQUALIZING REAL ESTATE ASSESSMENT FOR THE ~011G, cir,* Roanoke In¢orDorlted TOwd~ Oistrict/Wlrd/ Borough De~ri0tion Lot I Blk 7 Ai~[~e Court ASSESSMENT ON LAND 8OOK S16.300 $16,300 EQUALIZED ASSESSMENT $16.300 $t6,300 THIS ORDER. eciullizing the reel estate auessmant aforesaid, in the manner aforeIaid, is this day made by this board of eduelizltioll in conformity with law. after giving all noticI required by law:. and it is directed that this order be entered in the minuteI of thai board, and that one copy of thiI order be promply transmitted to the taxpayer aforellid I~l one copy to the commissioner of the revenuI of this county. Given under dayof June , 1995. Test~ NOTES This order must be prepared in triplicate and copies disposed of as above indicated. A separate order is required for each assessment charged, COMMONVVEALTH OF VIRGINIA Board of Equalization of Real Estate Assessments YEAR Crisis Pre~nancy Center of Roanoke Valley P.O. Box 13225 Roanoke, VA 24032 MaoNo C2190519 Or,er F~o Q?Q ORDER EQUALIZING REAL ESTATE ASSESSMENT FOR THE · =,.mmrXCitv Roanoke OelcnOtJo. Pt Lot 2 Blk 7 Atrlee Court ASSESSMENT ON LAND BOOK $50,000 $61 , 500 $11 l, 500 EQUAUZED ASSESSMENT $50 , 000 $32,000 $82,000 THIS ORDER, I~lullizing the rill Illltl silesia,hr aforesaid, in the manner aforesaid, is this day mede by this board of eCluelizlfiofl in oonfomfity with law. iftlr giving III notice rlCluirlcI IW law: Ifld it is directed that this Order bi entered in th~ mifl~ltl of thai I)QII~. ami 0~et one cop~ of this order bt 0romply trsnsmKted to the tsxpawr aforesaid ~ one copy ~o the commissioner of the revenue of this county. Given under o~r hl~dl thai ~4th dly of Test~ June . 1995. NOTES This order must be DrlDIrld in triplicltl end cooies disposed of si Ibove indicated. A separate order ~s required for each assessment charged. COMMONVVEALTH OF VIRGINIA Board of Equalization of Real Estate Assessments YEAR lqg5-~ Crisis Pregnancy Center of Roanoke Valley P.O. Box 13225 Roanokef VA 26032 MaoNo C2190520 Order NO. 072 ORDER EQUALIZING REAL ESTATE ASSESSMENT FOR THE ~lu~l~,' city Roanoke Ollcr,!~tien PC LoC 3 Blk 7 Atrlee Court ASSESSMENT ON LAND BOOK $22,700 $22,700 EQUALIZED ASSESSMENT $22,700 $22,700 THIS ORDER. equalizing the real estate assessment aforesaid, in the manner aforesaid, is this day made this board of equalization in conformity with law. after giving all notice requited by law; and it is directed that this order be entered in the minutes of this board, and that one copy of this order be promply transm,tted to the taxpayer aforesaid and one copy to the commissioner of the revenue of this county. Given under our h~nds this --1Ar. h_.. day of Test~ , 1995. NOTES This order must be prepared in triplicate and copies disposed of as above indicated. A separate order ,s required for each asseSSment charged. ;ntemal, Revenue Service District Director EXHIBIT "B" Department of the Treasury D~to: ]anuar7 ~-4, lq~4 '' EmDIoy~ Identification Number: ~nm~oke Valley Crtsi~ Przgnancy Cent?r, Inc. P. O. ~ox 7541. ~oannke, ~.~ 24D19 Accountlnl Pt~od Endlnl: S apt ~ml'),~r 30 Form gg~ R~lui~ch ,~1 Y~ ~ No Person to Contact: Tax, aye= 3e. rvic.~ Ptv~ sfon ~ntect Teleghone Numl~t:. 1-800-4~&-104~ Dear Applicant: Baaed on information s~ppl~[, and assuming your operations will be as stated in your'~pplicat~on.for r~co~lL~idll of exemption, we have determined you are exempt fr~ Federal income tax under section 501(c)(3) of the Internal Revenue Code. We have further datsrmi~ed that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in section 509(a)([) and If your sources of support, or your purposes, character, or method of operation change, pleaas let us know es we can consider the effect of the change on your exempt status an~ foundation status. Also, you should inform us of all changes tn your name or address. Generally, you are not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act. If you have paid FICA taxes without filing the waiver, you should contact us. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not m private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let ua know. Donors ~a~ deduct contributions to you aa provided in Section 170 of t~e Code.. Bequests. 1s~aoies, devises, transfers, or gifts to you or for your use are deductible for Fedsral emtata and gift tax purposes if they meet tho applicable provisions of sections 2055. 2106. and 2522 of the Code. The box checked in the heading of this letter Shows whether you must file Form 990. Return of Organization Exempt from Income tax. If Yes ts checked, you are required to file Form ~cjO only if your gross receipts each year are normally more than $10,000. If a return ia required, it must be filed by the 15th day of of the fifth month after the end of your annual accounting period. The law i~poses a penalty of $10 m day, up to a maximum of $5,000. when a return is filed late. unless there ia reasonable cause for the delay. 31 Hol)kine Pleze, bltimom, MD ~1201 ~0'"") Letter 947(DO) (5-77) You are not required to file Federal income tax returns unless you are subject to the tax'~ unrelated business income under section §11 of tke Code. If you are subject to this tax, you must file an income tax return on Form 990-T. In this letter, we are not determining whether any of your present or proposed actxvit£es are unrelated trade or business as defined in section §13 of the Code. You need an employer identification number even if you have no employees. If an~smployer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the perscn whose name and telephone number are shown in the heading of this letter. Sincerely yours, Dle~ric= Direc=or Th~ att.~ched Ca,,,~.at~ Numb,~rs l, 9, and 3 are an ~nt..~ral part of this letter. Letter 947(D0) (5-77) For tax years ending ~-~ore December 31, 1982. ~ nmsr file Fora 960. R~turn of Organizacton F:xen~ ,"rcsa Imam tax. only if your g, ~s receipts e, ach year ore nonmlly more than Szo,o00. For tax years endin~ on ar~ after December 31, · 1982~ .you are required to file Fora 990 only If your gross receipts are r~rmally more than $25.(XX). For &~,~,danc~e tn detenn.t, ning ~her.~er your gross receipts are 'Y~rmalty" more r. mm fz~,cu~, see the tnsrruccions 'for the 1982 Fora 960. If a return is req~r~t, lC ~-sC b~ filed by c~ 15Ch day of c[~ fifth mm~h after th~ end of ~r~l &¢¢~mcing pert~i. The law ia~oses a pa~alcy of $10.~O & day, up CoY~ ~ of $5,0[D, m~n n return is filed ].ace, ~less there is reasormb~e cause for delay, ( 2)'. (3). Begl~lr~ Januat~t ~, 1~8~, ~less sp~ificall{.~epC~d, you ~sC 'pay ~der t~ F~d~ral murance C~rt~t~ ~C (~cinl S~iCy Cax~s) ~plol~ ~ is paid ~100 or ~or~ in · c~l~rd~r for each This al:termination letter includes yo',~r unincorporated predecessor ~e ~ffectiv~ date oF the exertion is October l, 19;32. Contri~ttions are d~dectibIe as of that ... . . .,~' ~ .. ~. ~. ~-~0~ VA 'o~ouDo~J ~'L xo~ Od . .o~, re,o^ o~o~oo~,o JeJ, ueo Aouou6eJct s!s!Jo EXHIBIT "D" STATEMENT OF POLICY Crisis Pregnancy Center of Roanoke Valley, Inc. We feel that women and their unborn babies are important and valuable human beings, and we deeply care for both of them. We recognize that women experiencing "crisis pregnancies" are facing perhaps the greatest personal crisis of their lives, and we do not wish them to have to face this crisis alone. Accordingly, we are committed to serving all women in the Roanoke Valley area who are experiencing a crisis pregnancy by providing them with a loving, caring and non-judgmental friend to support and assist them in their time of need. We feel very strongly that no woman considering abortion should be required to make her decision without having available to her all of the information necessary to enable her to understand the physical, emotional, spiritual and social factors involved in her decision, and we are committed to providing such information to all women who are interested. Among the ways that we express our friendship and provide information to woman experiancing crisis pregnancies are free pregnancy testing, counseling, referrals for vocational, medical, legal, educational and other needs, assistance in finding suitable housing while they are pregnant, free maternity and baby clothing, and other financial assistance. We'feel that the relationship that each of our staff members has with lesus Christ especially anables us to effectively provide the friandship and other support services which we offer to these wome% and it is our honor to serve them in this way. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on December 11, 1995, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, on the question of adoption of resolutions pursuant to §30-19.04, Code of Virginia (1950), as amended, on request of Crisis Pregnancy Center of Roanoke Valley, Inc., for designation of property to be exempted from taxation. The real estate assessed value for 1995/96 on the Crisis Pregnancy Center of Roanoke Valley, Inc.'s real property is $245,800.00, with a real estate tax assessment of $3,144.32. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 29th day of ]November, 1995. Mary F. Parker, City Clerk. NOTE TO PUBLISHER: Please publish once in the Roanoke Times on Sunday, December 3, 1995. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Roanoke Times & World-News Ad Number: 120398809 Publisher's Fee: $64.80 CITY OF ROANOKE, CITY CL MARy F. PARKER ROOM 456 215 CHURCH AVENUE, SW ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cot poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 12/03/95 FULL RUN - Sunday Witness, this 8th day of December 1995 Authorized Signature M~RY E PARKER, CMC/AAE ~it~ ~lerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chnrch Avenue. S.W., R~om 456 R~anoke, Virgima 24011-1536 Te,ephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy Cit'/Clerk November 20, 1995 File #79-137-169 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Pregnancy Center of Roanoke Valley, Inc., tranlmn=ng a i:)etJt~t reque~ong ao~pt,a, a measure in support of the org~nizaticn's requ~t to obtain t~x-exernpt ~tatu~ from the General ~bly of Virginia on certain real property located in the City of Roanoke, which commurdc~k~ wa~ bek~re the Council of the City of Roanoke at a regular meeting held on Morldey, November 13, 1995. On motion, duly ~=~3nded and adol;~d, the matter m referred to you for study, report and recommendation to Council, ~ · public hearing w~ ·uthorize¢l to be held on Monday, 'DIclI/dM~ 11, 19~, st 7:00 p.m., or ee ~on therealtet m the matter may be heard. Mlly F. Perker, CMC/AAE Cay Cl~k MFI~.am W. Robert Herbert November20,1995 Page2 Debra B. Williams, Treasurer, Crisis Pregnancy Center of Roanoke Valley, Inc., 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012-3325 Wilbum C. Dibling, Jr., City Attorney DEBKA B. WILLIAMS, CPA 725 sus isz ROmOrS, (540)-366-5061 October 6, 1995 W. Robert Herbert City of Roanoke, City Manager 215 Church Ave., SW, Room 364 Roanoke, VA 24011 RE: Enclosed Application for Real Estate Tax Exemption for the Crisis Pregnancy Center of Roanoke Valley, Inc. Dear Mr. Herbert, Please find enclosed the application for real estate tax exemption for the Crisis Pregnancy Center of Roanoke Valley, Inc. The application was prepared for the Crisis Pregnancy Center by Diane Wilcox at Woods Rogers & Hazelgrove, 10 S. Jefferson St., First Union Tower, Roanoke, VA 24011 based on information that I as treasurer of the organization provided to her. Please feel free to contact Ms. Wilcox at 985-7500, myself at 366-5061, or Mrs. Ruth Fielder the executive director of the Center at 362-3007 for any questions you may have concerning the application. The mailing address for the Center is P. O. Box 13225, Roanoke, VA 24032-3225 I would appreciate hearing from you as soon as you know the date of the public hearing and the council meeting when our application will be considered. Sincerely, Debra B. Williams, CPA Treasurer MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax~ (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 14, 1995 File #50-137-212 The Honorable John S. Edwards Senator-Elect, Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Gentlemen: I am enclosing two copies of Resolution No. 32780-121195 requesting the 1996 Session of the General Assembly of Viq;linia to enact a certain amendment to the Roanoke Charter of 1952, as amended, with regard to authority for City Council to adopt an ordinance regulating or prohibiting the carrying of handguns in City parks. It is respectfully requested that the amendment be placed in the form of a bill to be introduced at the 1996 Session of the General Assembly. Resolution No. 32780-121195 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 11, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:$m Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of December, 1995. No. 32780-121195. A RESOLUTION requesting the 1996 Session of the General Assembly of Virginia to enact a certain amendment to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the City Council held on December 11, 1995, at 7:00 p.m., in the Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia, after due and proper publication of the notice of public hearing pursuant to S15.1-835, Code of Virginia (1950), as amended, which notice contained inter ~lia, an informative summary of the proposed amendment to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendment was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1996 Session of the General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1996 Session to amend subsection (18) of ~2, Powers of the city, of the Roanoke Charter of 1952, as presently amended, by adding the words hereinafter shown as underscored: ~2. Powers of the city. In addition to the powers mentioned in the preceding section, the said city shall have power: (18) To direct the location of all buildings for storing gunpowder or other explosive or combustible substances, to regulate or prohibit the sale and use of dynamite, gunpowder, firecrackers, kerosene oil, gasoline, nitroglycerine, camphene, burning fluid, and all explosive or combustible materials, the exhibition of fireworks, the discharge of firearms, the possession by any person of a handgun in any public park of the City provided that the exemptions set out in ~18.2-308 of th,', Code of Virginia shall apply~ mutatis mutandis~ the use of candles and lights in barns, stables and other buildings, the making of bonfires and the carrying of concealed weapons, and to regulate the movement over its streets of dangerous, explosive, or highly combustible materials. 2. The City Clerk is directed to forthwith, as provided by ~15.1-834, Code of Virginia (1950), as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1996 Session of the said General Assembly two copies of this resolution setting forth the requested amendment to the Roanoke Charter of 1952, as presently amended, to be put into the form of a bill to be introduced at the 1996 Session of the General Assembly. ATTEST: City Clerk. Roanoke Times & World-News · Ad Number: 120198362 Publishe~u' s Fee: $66.70 CITY OF ROANOKE, CITY CL MARY F. PARKER ROOM 456 215 CHURCH AVENUE, SW ROANOKE, VA 24011-1536 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the' undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 12/01/9.5 FULL RUN Friday Witness, this 8th day of December 1995 Authorized Signature NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to S15.1-835, Code of Virginia (1950), as amended, hold a public hearing on Monday, December 11, 1995, at 7:00 p.m., in the Council Chamber, Municipal Building, 215 Church Avenue, in the City of Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia 1952, as follows: to make certain a amendment to the Roanoke Charter of amended, which amendment is informatively summarized as Amend subsection (18) of S2, Powers of the city, by adding authority for City Council to adopt an ordinance regulating or prohibiting the carrying of handguns in City parks. The full text of the proposed amendment to subsection (18) of ~2, Powers of the city, of the Charter is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Avenue, S. W., Roanoke, Virginia. GIVEN under my hand this 29th day of November, 1995. Mary F. Parker, City Clerk Note to Publisher: Please publish in full once on Friday, December 1, 1995, in The Roanoke Times. Please send bill and Publisher's Certificate to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 MARY F. PARKER, CMC/AAE Ciw Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk January 2, 1996 Neva J. Smith Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: In view of the new City Council meeting schedule, at the regular meeting of the Council of the City of Roanoke on Monday, December 11, 1995, Council Member Linda F. Wyatt orally resigned her position as Council's liaison to the Roanoke Redevelopment and Housing Authority. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Willis M. Anderson, Chairperson, City of Roanoke Redevelopment and Housing Authority, 2601 Cornwallis Avenue, S. E., Roanoke, Virginia 24014