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HomeMy WebLinkAboutCouncil Actions 09-16-96ROANOKE CITY CO UNCIL REGULAR SESSION September 16, 1996 2:00 p. trr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1.Call to Order -- Roll Call. Ali Present. The Invocation was delivered by The Reverend Jim Drinard Smith, Pastor, St Elizabeth's 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. 2 e C-1 The Mayor presented the 1996 All America City plaque. File #80-175 MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456. 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 communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. C-2 C-3 C-4 C-5 C-6 A report of the City Manager requesting an in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and conditions of an economic development contract in negotiation, pursuant to Section 2.1-344(A)(7), Code of Vir~nia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132-450 Executive Session. A report of the City Manager in response to concerns expressed by Charles R. Hancock with regard to Fire Station No. 11 being manned by only one employee on June 29, 1996, for a period of time to enable fire personnel from Station No. 11 to be reassigned to Fire Station No. 4. RECOMMENDED ACTION: Receive and file. File #66-70-165 A report of the City Manager with regard to the widening of Franklin Road, S. W. RECOMMENDED ACTION: Receive and file. File #20-66-165-514 An annual report of the Roanoke City Council Audit Committee for the year ended June 30, 1996. RECOMMENDED ACTION: Receive and file. File #10-109-110-300 An annual report of the Municipal Auditor for the year ended June 30, 1996. RECOMMENDED ACTION: Receive and file. File #109-280 4 C-7 Qualification of the following persons: Lular R. Lucky as a member of the Advisory Board of Human Development for a term ending November 30, 1999; File #15-72-110 Lynn D. Avis as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of a four year term which commenced on October 21, 1995, and will expire on October 20, 1999; File #15-110-207 Harry F. Davis as a Trustee of the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998; and File #15-110-467 Joseph F. Huddleston, I1/, as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Edward S. Allen, resigned, ending November 30, 1996. File #15-110-488 RECOMMENDED ACTION: Receive and file. Council concurred in a report of the City Attorney requesting an Executive Session to discuss a matter of probable litigation, specifically litigation against an insurance carrier with whom the City has a contract, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. File #58-132 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Presentation with regard to the economic impact of the 1996 Commonwealth Games of Virginia which were held in the Roanoke Valley. Peter R. Lampman, President, Virginia Amateur Sports, Inc. (5 minutes) Mr. Lampman presented finnn~ai data and a plaque in appreciation of the City's support of the 1996 Commonwealth Games. File #80-334 b. Other Hearing of Citizens: Mr. Clarence Wallace, 1624 Gilmer Avenue, N. W., addressed Council with regard to parked vehicles on private property; and advised that some citizens are required to clean their lots, however, the City does not enforce the rule for all citizens of Roanoke. File #20-66-144 4. PETITIONS AND COMMUNICATIONS: A communication fi.om Mayor David A. Bowers recommending adoption of a Resolution in support of the Fifth Planning District Commission establishing a Regional Steering Committee to examine the process for developing a regional partnership under the provisions of the 1996 Regional Competitiveness Act. Adopted Resolution No. 33113-091696. (7-0) File #72-110-137-200-326-450 A communication fi.om Mayor David A. Bowers with regard to designation of a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and a Staff Assistant for any meetings of the Urban Section of the League. Adopted Resolution No. 33114-091696. (7-0) File #17-132 A communication from the Honorable Donald S. Caldwell, Commonwealth's Attorney, requesting acceptance of a Victim/Witness Assistance Program grant award, in the amount of $64,328.00, from the Commonwealth of Virginia Department of Criminal Justice Services; authorization of an additional grant position for the Victim/Witness Program; appropriation of funds in connection therewith; and a report of the City Manager concurring in the request. Adopted Budget Ordinance No. 33115-091696 and Resolution No. 33116-091696. (7-0) File 060-133-236-502 A communication from the Roanoke City School Board requesting appropriation of $393,338.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund to be used for various school equipment and improvements; and appropriation of funds to certain school grant accounts. Adopted Budget Ordinance No. 33117-091696. (7-0) File #60-236-270-467-472 A communication from the Roanoke City School Board requesting adoption of a Resolution indicating that the City of Roanoke desires to participate in the 1996 Virginia Public School Authority bond issue, the proceeds of which will be used in lieu of the Literary Fund loan approved by the State for renovations to Breckinridge Middle School. Adopted Resolution No. 33118-091696. (7-0) File 053-217-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: 7 A report with regard to a loan with Total Action Against Poverty for the Henry Street Music Center. The matter was tabled until the next regular meeting of Council on Monday, October 7, 1996, pending receipt of additional information from the City Manager, Mayor Bowers voted no. File #178-226-236-511 A report recommending transfer and approphation of general funds for Roanoke Neighborhood Partnership achvities. Adopted Budget Ordinance No. 33119-091696. (7-0) File #60-178-200-236-488 A report recommending execution of a contract with Greater Roanoke Transit Company for temporary sen, ices for operation of municipal parking facilities on an emergency basis. Adopted Ordinance No. 33120-091696. (7-0) File #55-181-302-303-313-381-515-516 A report recommending acceptance of a gift f~om the Foundation for Downtown Roanoke, Inc., to be used in connection with the Mounted Patrol Unit of the Police Depmh~,ent. Adopted Resolution No. 33121-091696. (7-0) File #5-68-277 A report recommending conversion of half-time positions to full- time positions in the Department of Social Services. Withdrawn. File #72-184 A report recommending acceptance of a Local Government Challenge Grant, in the mount of $4,000.00, from the Virginia Commission for the Arts. Adopted Budget Ordinance No. 33122-091696 and Resolution No. 33123-091696. (7-0) File #60-236-261-318-348-349 A report recommending execution of a Service Delivery Area Agreemem between the Fifth District Employment and Training Consortium and the Governor's Employment and Training Department for Program Year 1996-1997. Adopted Resolution No. 33124-091696. (7-0) File #72-246-304 b. CITY ATTORNEY: A report with regard to sale of real property to collect delinquent taxes and assessments. Received and fried. File #32-79-111-488 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: a. Continuation of briefing on the Bulk/Brush Committee Action Plan. Council Member Swain addressed the matter of litter around convenience stores and fast food restaurants which blows into adjoining neighborhoods, and inquired as to the feasibility of employing stUdents from Roanoke City schools to help with cleanup efforts. 9 In the event that additional resources are necessary, the matter of bulk refuse collection was referred to 1997-98 budget study. File #60-144-467-488 Se INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A Resolution providing that the regular meeting of City Council scheduled to be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m., on Monday, October 21, 1996, shall be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m., on Wednesday, October 23, 1996. Adopted Resolution No. 33125-091696. (7-0) File #17-132 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. The matter of a feasibility study to address the merger of school buses and public transit buses was referred to the City Manager and the Roanoke City School Board for report to Council prior to 1997-98 budget study, Vice-Mayor Wyatt and Council Member Harris voted no. File 060-55-467 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: l0 Council concurred in a communication from David C. Helscher, Attorney, representing the Episcopal Diocese of Southwestern Virginia, in connection with an appeal process to demolish structures located at 1010 and 1014 First Street, S. W., requesting that the matter be continued until the regular meeting of Council on Monday, November 18, 1996, at 7:00 p.m. File #216-249 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., presented information with regard to a letter written by Michelle Bono, Public Information Officer, and Angie McPeak, Cable Television Government Access Director, in clarification of alleged inaccurate information contained in an article written by Mary Hamlin, which appeared in the August 15, 1996 edition of the l~10~T~:iblll~ regarding the All America City presentation. She advised that the letter was uncomplimentary to the owner, editor and publisher of the ~ and to the black community at-large. File #66-87-227 CERTIFICATION OF EXECUTIVE SESSION. (7-0) Adopted Budget Ordinance No. 33126-091696 and Ordinance No. 33127-091696, providing that the City will donate an amount up to $260,000.00 to the Industrial Development Authority for the purpose of promoting economic development in order to fund a grant that the Authority intends to make to Roanoke Electric Steel Corporation. (7-0) File #60-207-236-450 Appointed Thomas L. Robertson, Bittle W. Porterfield, III, and Vice-Mayor Linda F. Wyatt as the City's representatives to the Metropolitan Transportation District Study Committee. File #110-132-200-407 Reappointed James W. Burks, Jr., as a Commissioner of the Roanoke Redevelopment and Housing Authority Board of Commissioners for a term ending August 31, 2000. File #15-110-178 Reappointed Marsha C. Fielder as a member of the Roanoke Valley Area Metropolitan Planning Organization for a term ending June 30, 1999. File #110-326 Reappointed Mark E. Feidmann and M. R. Khan as members of the Roanoke Civic Center Commission for terms ending September 30, 1999. File #15-110-192 Appointed Todd St. Clair as a member of the Youth Services Citizen Board to f'dl the unexpired term of Katrina Martin, resigned, ending May 31, 1998. File #15-110-304 Appointed David lC Lisk as the City's representative to the Fifth Planning District Legislative Committee. File #110-1;}7-326 Appointed Council Member John S. Parrott as Chairperson of the Solid Waste Collection and Disposition Committee. File #110-132-144 Appointed Curtis L. Ratliff as an alternate member to the Building Code Appeals Board, Volume I (Building Construction Division); and Edward S. Colonna as a member of the Building Code Appeals Board, Volume I (Building Construction Division), for a term ending September 30, 2001. File #15-32-110 12 ROANOKE CITY CO UNCIL REGULAR SESSION September 16, 1996 7:00 p.n~ CITY COUNCIL CHAMBER ,4 GEND,4 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 Master Brian Wygal, Boy Scout Troop #5. Welcome. Mayor Bowers. HEARING OF CITIZENS UPON PUBLIC MATTERS: Claude S. Allen, Jr., 1750 Lansing Drive, Salem, Virginia, Sandlot Football Team Coach, expressed concern with regard to the number of sandlot football games which have decreased from 11 in 1995 to seven games in 13 1996 due, according to Parks and Recreation officials, to lack of funds. He requested that teams be permitted to participate in play-off games. The matter was referred to the City Manager for report to Council. File #66-67 PUBLIC HEARINGS: Public hearing on the request of the West End Center, Inc., that a tract of land located at 1221 Chapman Avenue, S. W., identified as Official Tax No. 1213512, be fez#ned fi.om RM-2, Residential Multi-Family, Medium Density Disffict, to C-2, General Commercial Dis~ict, subject to certain conditions proffered by the petitioner. Katheryn R. Hale, Executive Director, Spokesperson. Adopted Ordinance No. 33128 on first reading. (7-0) File #51-296 Public hearing on the request of C & C Development, L.L.C., that a certain 1.97-acre tract of land located at the northeast comer of Brandon Avenue and Edgewood Street, S. W., identified as Official Tax No. 1610211, be fez#ned fi.om RM-2, Residential Multifamily, Medium Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. G. Michael Pace, Jr., Attorney. Adopted Ordinance No. 33129 on first reading. (7-0) File #51 Public hearing on the request of Jack Randall that a tract of land located at 2044 Brambleton Avenue, S. W., identified as O~cial Tax No. 1260108, be rezoned fi.om RS-I, Single-family Residential District, to C-I, Office District, subject to certain conditions proffered by the petitioner. Edward A. Natt, Attorney. Denied. File 051 14 Public hearing with regard to adoption of a Resolution authorizing articles of amendment to the Roanoke Valley Resource Authority Articles of Incorporation and an amendment to the Roanoke Valley Resource Authority Members Use Agreement to authorize the Authority to engage in or provide for commercial and/or residential garbage and refuse collection activities or services. John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority. Denied. File #144-253 OTHER HEARING OF CITIZENS: None. The Honorable Mayor David A. Bowers and Members of City Council Dear Mayor Bowers and Members of Council: JAM/neb September 16, 1996 Subject: Bulk/Brush Committee Action Plan Please reserve space on City Council's agenda for a briefing at 12:30 p.m. on the above referenced subject. Respectfully submitted: W. Robert Herbert City Manager Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ~60-144 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, September 16, 1996, James A. McClung, Manager, Fleet Management, presented a briefing on the Bulk/Brush Committee Action Plan. On motion, duly seconded and unanimously adopted, in the event that additional resources are necessary, the matter of bulk refuse collection was referred to 1997-98 budget study for further discussion and consideration. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric, pc; James D. Grisso, Director of Finance William F. Clark, Director of Public Works James A. McClung, Manager, Fleet Management Diane S. Akers, Administrator, Office of Management and Budget BULK PRESENTATION DRAFT OUTLINE TIME LINE: September 5 - Committee Presentation September 12 - Director's Presentation $cptcrabcr 16 - City Council Presentation Welcoming Remarks = addressed to current audience Thank you for coming ...... Introductions - Committee - Bill Clark, Nancy Bailey, Mariani/siam, Chris Chittum, Laura Wasko, Dee Dee Daniels, and Micheile Bono A committee was formed late last winter to address the bulk/brush situation. Meetings were held and a reccommendafion was made to lin~it service. The citizens responded yes we support that, but that only solves the problem fiom the city perspective. More work needed to be done. Mission of Current Committee - To identi~y ways to improve bulk and brush collection by involving the community in identifyin8 probit, ns, alternatives and solutions. This committee will host a community wide meeting September .30, 1996 at 7:00 p.m. in the Roanoke Civic Center Exhibition Hall. The following presentation is a synopsis of what will bc given to thc citizens before they break into the focus groups. Current Situation Anytime we have a discussion with a neighborhood group. Chances are the talk will eventually get around to the way their street or neighborhood looks. In some areas discarded furniture, appllanccs and brush sit on thc street - sometimes for day~, wccka cvcn months. Council hcard it while running for office. We hear it l~om citizens too, so we share in the frustration over the appearance ofour city. Not only is this ugly, it can be dangerous as well. The City offers a separate bulk and bulk/brush collection service. The definition of bulk ! SEP-~4-199G 14: 15 5409811~70 ~. 01 collection includes item, such as furniture, appliances and other bulky type materials. The crews attempt to collect appliances separate from other bulk goods, in orde~ that they may be recycled and also to keep separate the on~s containing hazardous materials. The brush must be collected separately from the bulk, because it is taken to a different disposal area, shredded and made available to the residents free of charge. The Solid Wage Department will collect up to six items of bulk and/or a large pile of brush if the residents call and schedule a date. They can do this by callin8 981-2225, telling the dispatcher what they've got and they'll be given an exact pickup date, sometimes even the next day, but certaaniy within i0 working days. At the time of this call, the residents arc told not to place the material out for collection until the night before their scheduled co~ection day. During ~ny given week, the bulk and brush crews will service halt'of the collection day's route (SHOW MAP) For example half of Monday's refuse collection meca will receive scheduled bulk/b~ush collection on this Monday, the other half will be scheduled for nexl Monday. This is how the city is covered in a two week period, similar to the every other w~k recycling collection. With this schedule the city is collecting ali scheduled pickups. The City ~nds out a special open-top truck, with a clam shell to pick up the materi~l. The City currently bas two vehicles and two employees used daily in the coll~-tion of bulk and brush material. This costs approximately $76,000 per year (not including disposal). During fiscal year 95-96, 728 tons of bulk and 859 tons o£brush were collected in this program. The cost to dispose of that material i~ $63,000. That doesn't even count the small piles of brush the regular refuse crews are supposed to collect. Although the collection of bulk and brush fluctuates with the seasons, on any given day the truck can have as many as 54 stops scheduled (EXPLAIN BOOK - 80 PAGI~S/~;60 REQUESTS). As another means ofcombatln8 the bulk/brush 2 SEP-24-1996 14: 16 5409811270 P. 02 problem, the City has a program whereby residents can take their material flee ofcharge to the transfer station. In fiscal year 1995-1996 residents took 4,544 tons to the transfer station at a cost of $236,000 to the city. The total cost of current effnrls to collect bulk and brush is approximately Here a~e some of the problems associated with the current program. If it's not called in or hauled away, it may sit there until a Public Works crew notices it or an irritated neighbor calls it in. Some residents are apparently not aware of the procedures to utilize the current set'vice, therefore, bulk sits on the street. That's the main problem from the neighborhood perspective. The City also has opernfional problems associated with the program. The current ordinance prevents city c~c'ws fi'om collectin~ material that results fi'om a contracted job. This is mainly an issue with brush collection. Most residents are not aware of this prohibition. Also, a collection may be scheduled, but when the crew arrives the material may be inaccessible due to overhead branches or wires, parked vehicles, distance from the street or be located in the alley. The nature of the equipment prevents it from collecting from the alleys. Most alleys nrc too narrow for the nquipment and iow-hanging branches and wires hamper the movement of the hydraulic arm. Even when placed ~urbside, the hydraulic arm requires that the material he in close proximity to the street and away from obstacles, overhead or otherwise. (PAUSE) The bulk and brush crews are also responsible for cleanin8 up court ordered evictions. This can often mean a crew spending as much as ½ day picking up in front of one pla~. This, along with the trucks being fully scheduled, is why the crews can't pick up unscheduled material. To do so might prevent them from servicin8 those residents who did call in. Another borden on the program is charitable organizations who collect items from throughout the Valley and than call upon the City SEP-~-i 996 1~:17 5409811~70 P.OJ to haul away the discards. One such agency now exp~ts 26 collections per year. In addition the City's pr°portion o£ rental occupled dw¢llings has grown in recent years. The transient nature of this segment o£our population makes it difficult to keep citizens informed o£how to use the bulk/brush collection service, as well as leads to an increas~ usage of'the ~ervice. So what have we done so tar? (SHOW POSTCARD) Two years ago we mailed a postcard to city residents tO inform them about how to use the program. With the postcard, we did see some major improvement However, the effect o£thesa have dim./mshed over time. Several years ago we also initiated the ~ee homeowner dispusa/program at the regional transfer st~t~ou that was mentioned earlier. We hsd hoped that this would result in less bulk requirJll$ city pickup. Although this program has proven to be vcty popular, it is has been very ~xp~naive and has not shown the results we had ~xpec:ted to see. These actions alone will not solve the problem, but they can be pm't ufa comprehensive plan to permanent/y solve the problem. Everyone is affected by the appearance of our streets. The neighborhoods don't like that it sits out by thc curb all the time, wlfile th~ City doesn't like the impr~'~ssion that it gives visitors and citizens alike. The City does what it can by pioking up all materials that are $chedul~L Is the problem that more collection is needed? Or is the problem abuse by a tL=w residents? Or is it that people don't know about the program. We all know that bulk and brush sitting out on the street is a mesa? It's unsightly and it's potentially hayardous. A picture can illustrate much better than mere words. Here are a few slides illustrating some of the problems. (STOP FOR SLIDES) SLIDE SCRIPT: SEP-24-1996 14:17 54~9811270 P.04 ~This slide illustrates several of the problems faced by crews, such as the bulk being mixed with the brush, Also material that would be collected by the regular weekly refuse crews is mixed in there. There is also more set out than the current ordinance allows. The material is not placed out in a manner that will allow the clam-shell on the knucldeboom to pick it up, ~ Again there is the same problem with this material. It is mixed and there is loose material in there as well. ~ Thc main concern w/th this pile is the manner in which it was placed out for collection. Also there is some construction type material, which the current ordinance prevents us from collecting. The clam-shell would have a difficult time pi¢idng up this mater/al. ~ These items were plae~d out on a major thoroughfare, but were not schedul~l. They were also placed to close to the utility pole. ~ These materials are too spread out to be collected. There is construction/demolition debris mixed, which again current ordinance prcvents us fi'om collectin8. The oth~ problem is that there are more than 6 items placed out. ~ The brash pile is not in front ora residenc~, Current policy says that crews should collect more than a pickup truck load per scheduled stop. This pile shown here was two full brush truck loads. Had the resident cut the material in four fcct lengths and placed in smaller more manageable piles, the regular refuse crews would have collected some each w~k during normal collection. Slide #71 Material waz not scheduled and too many items were placed out for collection. The white good was also mixed in with the other bulky material. 5 SEP-~4-1996 14:18 5a0981127~ P.05 i~ These items cannot be coHeeted, because they are in the alley. The residont will have to move them curbside, before they can be collected, There are also too many materials placed out for collection, ~ Bulk truck in action. ~~ These material were not called in by the resident. Several city staff members reported this pile. The Ioo~e material cannot be collected by the clem-shelL The other materials need to be placed out in a manner to ~ctlitate collection by the equipment, So, what do we do? The bulk committee was formed to address tho situation and in line with the City Council's goal of being a facilitative and participatory government we want to involve citizens in the problem solving. The community m~eting, planned for Scptcmber 30 at '/:00 p.m. in the Exhibition Hall, will be u~d to open up dialogue between City staR'and the community to better determine the issues involved. It is hoped that a broader base of input and support comes fi.om both sides on this issue. What level of service do the citizens feel is reasonable? Ifa h/l/her level of service is requested, at what cost should that service be provided. In order to have a well-rounded discussion on this issue, we plan to invite neighborhood organizations, landlords, R~altors, apartment dwellers, citizens at-large and any other impacted Stoups to attend this meetln8 and provide input. Invitations will go out and messages will be posted on the Government Ar, r~ss Channel. The Neighborhood Partnership newsletter, news releases and other communication avenues will be utilized to get tho word out. At the meeting the citizens will be asked to b~ak into focus groups and discuss such topios as: 6 SEP-~4-1996 14:18 54~9811270 P.~6 What are the issues from t~cir perspective? · What are the positives and negative attributes o£thc current collection program? What changes could he made and how should they be made? · What would the citizens be willing to pay, if the suggested alternatives warranted? A task force will be formed to analyze the information received from the mc~in8 and develop possible solutions, including any resulting economic impaq. 1'he task force will consist of City stalfand other people who have a stake in the program, such as landlords, neighborhoods, social service agencies and other concerned citizens. A 2nd meeting will then be held to review thc task force tlndings with the citizens. We are committed to sha~ing wkh the citizens all information gathered by the task force. Citizens must be givcn sound reasoning as to why various input was or was not implemented. The goal ofthe committ~: is to identify ways to improve bulk and brash collection by involving the community in identit'ying problems, alternatives and solutions. Therefore any proposed changes brought to City Council will have a broad base of citizen input and support. ? SEP-24-19% 14:19 5~89811Z78 P.O? DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke. Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 September 16, 1996 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, ~avid A. Bowers Mayor DAB:sm September 16, 1996 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Member of Council: This is to request that Council convene in Executive Session to discuss specific legal matters requiting the provision of legal advice by counsel, being the terms and conditions of an economic development contract in negotiation, pursuant to §2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager cc: Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Mary F. Perker, CMCiAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #66-70-165 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report in response to concerns expressed by Chades R. Hancock with regard to Fire Station No. 11 being manned by only one employee on June 29, 1996, for a period of time to enable fire personnel from Station No. 11 to be reassigned to Fire Station No. 4, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Charles R. Hancock, President, Garden City Civic League, 1016 Estates Road, S. E., Roanoke, Virginia 24014 George C. Snead, Jr., Director, Public Safety James Grigsby, Chief of Fire and Emergency Medical Services September 16, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: During the July 1, 1996 City Council meeting, Mr. Charles R. Hancock, President of the Garden City Civic League, expressed concerns about the temporary closure of Fire Station #11 on Saturday, June 29, 1996. Subsequent to the discussion, Council asked for further explanation of the station's closure. I am pleased to respond to Council's request for this additional information. On Saturday, June 29, 1996, last-minute sick leave call-ins left Fire Station ,ul on Aerial Way Drive, S.W. and Fire Station #11 on Riverland Road, S.E, without the minimum staffing of three personnel to a fire engine. The regular District Chief was off and an Acting District Chief was in charge of the daily scheduling duties. The Acting District Chief let the crews from the previous shift leave and made a decision to send one person from Fire Station #11 to Fire Station #.4, so that at least one of the two stations would be up and running. He then started a callback procedure to get two firefighters to report to duty on overtime. Fire Station #11 covers the Garden City area, and apparently some firefighters called neighborhood leaders and citizens in the area stating that the station was closed for the next 24 hours. The local news media was also contacted by firefighters and told the same information. The station was only closed for the time it took to get callback personnel to the station - approximately three hours. It is critical to understand that at no time were any citizens without fire or EMS coverage. When a station is placed temporarily out of service, the citizens in that area receive coverage from adjacent Fire/EMS stations. Fire/EMS Chief Jim Grigsby has personally met with Mr. Hancock, explained to him the facts surrounding the temporary station closure on June 29 and addressed his concerns. I have attached Mr. Hancock's correspondence to me dated September 4 on this matter. The Honorable David A. Bowers, Mayor and Members of City Council September 16, 1996 Page Two Chief Grigsby has reinforced and clarified the department's staffing policy to all District Chiefs, which is to ensure that relief personnel are available prior to permitting on- duty personnel to go off duty. I believe there is a uniform understanding of this policy by all District Chiefs. This letter is for your information and I would be pleased to respond to questions or concerns. Sincerely, W. Robed Herbert City Manager WRH/dh Attachment CC: Ms. Mary F. Parker, City Clerk Mr. George C. Snead, Jr., Director of Public Safety James Grigsby, Fire Chief RECEIVED SEP-91996 l City ManaRer's Office Charles W. Hancock Garden City Civic League 1016 Estates Road Roanoke, Virginia 24014 September 4, 1996 Robert Herbert City Manager City of Roanoke Municipal Building 215 Church Avenue Roanoke, Virginia 24011 D~ar Bob, ~F2etJowing the closing of Fire Station Number (11 ), on June 29, 1996, and since I ~#~oeared on City Council's Agenda, Fire Chief Grigsby and I met, at his office, and the Chief explained why the station was closed that day. He went further to say that action has been taken to insure relief personnel will be available prior to permitting on duty crews going off duty. :1Ne talked about that concern and other concerns that bothered me concerning the Fire Department. All my concerns were answered and many of my concerns were also his, as well. Sincerely, cc/Chief Grigsby Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #20-66-165-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the widening of Franklin Road, S. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Paula L. Prince, President, Old Southwest, Inc., 550 Mountain Avenue, S. W., Roanoke, Virginia 24016 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 William F. Clark, Director, Public Works William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer September 16, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Re: Widening of Franklin Road Dear Mayor Bowers and Members of Council: At the City Council meeting on September 3, Council asked that facts regarding recent discussion about the possibility of widening Franklin Road be more clearly explained so that citizens and the news media would have a thorough understanding. This letter is intended to help accomplish that request. Franklin Road In 1985 the City of Roanoke initiated a project to widen Franklin Road to four lanes in the area from Second Street, S.W. to Elm Avenue. Citizens in Old Southwest, Inc., worked with the city on the widening plans, but also expressed a strong desire to not widen Franklin Road from Elm Avenue to the expressway on-ramp. The city acknowledged there were no plans to widen Franklin Road beyond Elm Ave. The widening issue was again discussed in 1993 when the city was working on the Roanoke City Thoroughfare Plan. A neighborhood leader representing Old Southwest, Inc., came to a public hearing on the plan, again addressing the neighborhood's desire that Franklin Road from Elm to the expressway be maintained as a two-lane road. Specifically, Mr. Kent Chrisman asked that the city not increase the number of southbound lanes on Franklin Road and asked that plans doing so be removed from future consideration. A decision was made to maintain only two lanes on Franklin Road, and the plan was accordingly adopted. In 1996, city staff presented an idea to Ms. Paula Prince, the President of Old Southwest, Inc., which would have created a second southbound lane using mostly existing pavement on Franklin Road. The idea included making one 50 foot improvement and another 150-foot improvement in the existing roadway. While initially there did not seem to be opposition to the idea, after a short time the neighborhood decided it opposed the idea because the improvements might encourage more traffic to use Franklin Road. Because of the earlier commitments to two lanes, the idea was dropped. However, because the issue was on the August 19 City Council agenda at the request of Old Southwest, Inc., the discussion was reported by some of the news media as though City Council had responded to The Honorable David A. Bowers, Mayor and Members of City Council September 16, 1996 Page Two pressure from Old Southwest to halt widening plans. In fact, no recommendation had been made to City Council by staff, and thus there was no decision pending. The idea had simply been shared with the neighborhood at the staff level and then not pursued because of the neighborhood reaction and the earlier commitments to maintaining Franklin as a two-lane road in this area. In the development of road projects in any area of the city, the goal is to work with the community towards a win-win situation. A citizen participation process was utilized on Franklin Road, on the Peters Creek Road Extension project, and on the Wells Avenue widening project. In many cases there is not 100 percent support from all residents or interested citizens, but the facilitative and participatory process has always resulted in better projects for the entire community. Any additional questions regarding Franklin Road can be addressed to me or Bill Clark, Director of Public Works. Sincerely, W. Robed Herbert City Manager WRH~h CC: Mary F. Parker, City Clerk William F. Clark, Director of Public Works Robed K Bengtson, Traffic Engineer Ms. Paula Prince, President, Old Southwest, Inc. DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 August 31, 1996 Honorable Mayor and City Council Roanoke, Virginia Council Members: C. Nelson Harris John H. Parrott Can'oii E. Swain James O. Trout William White, Sr. Linda F. Wyatt SUBJECT: Roanoke City Council Audit Committee Annual Report Dear Members of City Council: The purpose and function of the Audit Committee as stated in the City Code at Chapter 2-298(b) is: "The audit committee shall act in an advisory capacity to the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or to bind the city council, unless expressly authorized so to do by ordinance or resolution of the council." During the year ended June 30, 1996, the committee held four regular meetings. Each member's attendance was: Member Meetings Attended Meetings Absent John S. Edwards 2 0 Delvis O. "Mac" McCadden 3 1 Mayor David A. Bowers 4 0 William White, Sr. 4 0 Dr. Wendell H. Butler 1 1 Annual Report -2- August 31, 1996 The following is a summary of the committee's activity during the year: Reviewed and concurred with the annual plan presented by KPMG Peat Marwick. Reviewed and concurred with the Municipal Auditor's annual audit plan and an interim revision of the plan. Reviewed the independent accountant's report with representatives from KPMG Peat Marwick and City officials. Reviewed the internal audit reports with the Municipal Auditor and City officials. Furnished a copy of the minutes of each committee meeting to City Council and City officials. I ask that this report be made a part of the Council's consent agenda for September 16, 1996. If you have questions, please do not hesitate to contact me. Best personal regards to each of you. Sincerely, William White, Sr. Chairman, Audit Committee August 31, 1996 Annual Report of the Municipal Auditor Honorable Mayor and City Council: The goal of Municipal Auditing is to provide City Council and City administration with analyses, appraisals, recommendations, counsel, and information concerning financial related activities of the City. The office performs its audit work in accordance with generally accepted government auditing standards promulgated by the Comptroller General of the United States. During the year ended June 30, 1996, we provided audit coverage of the City's financial activities by monitoring external audit activities. We also evaluated systems of internal controls to determine whether they are designed to meet management's needs and are functioning as planned. In some previously evaluated audit assignments, we performed testing to determine whether additional work was necessary. Recommendations were made to correct any deficiencies encountered in internal controls and technical assistance was provided to implement these recommendations. Each audit was reported in writing to the City Council Audit Committee. Significant audit activity completed during fiscal year 1996 includes: External Audits - To maintain the City's excellent financial reporting credibility and ensure compliance with statutory audit requirements, we: Coordinated the independent public accountant's audits of the financial statements of the Greater Roanoke Transit Company, the City Pension Plan, and the City, including the Single Grant Audit; Performed the annual financial audits of the 33 City School Activity Funds and their Central Investment Fund; Assisted the Virginia Auditor of Public Accounts in the audits of the local courts' financial activities; · Reviewed external audits for the Citizens' Services Committee; and Performed an annual financial audit of the Sheriff's Jail Inmate Fund and Canteen Fund. Annual Report of the Municipal Auditor Page 2 August 31, 1996 Internal Audits - To provide reasonable assurance that internal controls are functioning effectively to prevent inaccuracies, irregularities, or willful manipulations, we performed controls evaluations, testing, or preliminary surveys in the following areas: · Expenditure Transactions · Termination Procedures · Zoning Information · Warehouse · Records Management · Administrative Procedures · Civic Center · Special Events · Pension Trust Fund · Risk Management · Long Term Debt · Parking Tickets Internal audit work was actively in process at year end in the following: · Grants · General Ledger · Capital Projects · Personal Property Billing · Data Center · Fleet Management · Transportation Fund · Police Long-term systems development audit participation was in process at year end for the following: · Budget Preparation · Business License · Building Inspection · Purchasing · Fixed Assets In addition to the work described above, we determined the factual situation for allegations of suspicious activities and other fraud indicators. We followed up and assisted in implementing recommendations for improvement which were pending at the beginning of the year and in implementing the recommendations which resulted from our current-year audit work. Annual Report of the Municipal Auditor Page 3 August 31, 1996 Technical Assistance - We promoted improvements to the City's manual and computer- based financial accountability systems by answering control related questions and by maintaining communications with all City officials. Annual Time Budget The budget below is based on the audit plan presented to the City Council Audit Committee on June 26, 1995. Budget Actual Budget less Hours Percent Hours Percent Actual External Audits 1,499 20% 1,789 24% -290 Internal Audits 5,427 71% 4,973 66% 454 Technical Assistance 668 9% 730 10% -62 TOTAL 7,59~4 7.494 10~2 In submitting this report, I would like to express my appreciation of the Council and all affected City employees for their continued cooperation in maintaining and improving the f'mancial integrity of the City of Roanoke. Respectfully, Robert H. Bird, CIA, CISA, CCP Municipal Auditor ewb 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 24011-1536 Telephone: (540) 981-2541 Fax: (540} 224-3145 SANDRA H. EAKIN Deputy City Clerk September 23, 1996 File #15-72-110 The Reverend Frank W. Feather, Chairperson Advisory Board of Human Development P. O. Box 6297 Roanoke, Virginia 24017 Dear Reverend Feather: This is to advise you that on September 3, 1996, Lular R. Lucky qualified as a member of the Advisory Board of Human Development for a term ending November 30,1999. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Glenn D. Radcliffe, Director, Human Resoumes Glenna O. Ratcliffe, Secretary, Advisory Board of Human Development Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I. Lular R. Lucky do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Advisory Board of Human Development for a term ending November 30, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this,-~~' day of-~~- 1996. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~COUNCIL'~AUGUST. I g MARY E PARKER, CMC/AAE Cily 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 September 23, 1996 File #15~110-207 W. Bolling Izard, Chairperson Industrial Development Authority 2535 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Izard: This is to advise you that on September 4, 1996, Lynn D. Avis qualified as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of a four year term which commenced on October 21, 1995, and will expire on October 20, 1999. Sincerely,/'"~ ~ ~' Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Margaret R. Baker, Secretary, Industrial Development Authority, 2140 Windsor Avenue, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lynn D. Avis, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Industrial Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of a four year term which commenced on October 21, 1995, and will expire on October 20, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this.~'~7-~ day of E~'-,-r~_,~o_ 1996. , DEPUTY CLERK MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 2!5 Church Avenue. S.VZ, Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3 I45 SANDRA H. EAKIN Deput~ City Clerk September 23, 1996 File #15-110-467 Marsha W. Ellison, Chairperson Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: This is to advise you that on September 5, 1996, Harry F. Davis qualified as a Trustee of the Roanoke City School Board to fill the unexpired term of C. Nelson Harris, resigned, ending June 30, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Harry F. Davis, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Trustee of the Roanoke City School Board, for service commencing immediately, to fill an unexpired term which ends on June 30, 1998, according tp~the,best of my ability. So help me God. Harr~/F./Davis~ Subscribed and sworn before me this 5th day of September, 1996 ~e, ~rcuit Court of the City of Roanoke 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) 2:24-3145 SANDRA H. EAK1N Deputy City Clerk September 23, 1996 FiFe #15-110-488 Richard S. Winstead, Chairperson Roanoke Neighborhood Partnership Steering Committee 1322 Watauga Street, S. W. Roanoke, Virginia 24015 Dear Mr. Winstead: This is to advise you that on September 6, 1996, Joseph F. Huddleston, III, qualified as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Edward S. Allen, resigned, ending November 30, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mariam K. Alam, Neighborhood Partnership Coordinator Elizabeth A. Watson, Secretary, Roanoke Neighborhood Partnership Steering Committee Sandra H. Eakin, Deputy City Clerk OATH AND AFFIRMATION OF OFFICE Commonwealth of Virginia, City of Roanoke, to-wit: I, Joseph F. Huddleston, III, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee to fill the unexpired term of Edward $. Allen, resigned, ending November 30, 1996, according to the best of my ability. So help me God. Subscribed and sworn to before me this day of,~/~/:,~1996. ARTHUR B. CRUSH, III, CLERK CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540981-2431 TELECOPIER: 540 224-307~ WILBURN C. DIBLING, JR. CITY ATTORNEY September 16, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss a matter of probable litigation, specifically litigation against an insurance carrier with whom the City has a contract, pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, · burn C Dibling, Jr City Attorney WCD/lsc CC~ W. Robert Herbert, City Manager Mary F. Parker, City Clerk VIRGINIA AMATEUR SPORTS, INC. SPONSORS Mobil PREMIER SPONSORS NationsBank SPONSOR OF August26,1996 Ms. Mary Parker Roanoke City 215 Church Avenue Roanoke, Virginia 24011 Dear Ms. Parker, 305 First Street, S.W., Suite 412 Roanoke, Virginia 24011 (540) 343-0987 FAX (54O) 343-74O7 I would like to give a report to City Council on the economic impact the 1996 Commonwealth Games of Virginia had on the Roanoke Valley at your September 16, 1996 afternoon (2:00pm) meeting. I will also have a plaque that I would like to present to the mayor and city council members at this time. Please accept my thank you in advance for your assistance in this matter. Sincerely, Peter Lampman President Mary F. Parker, CMCIAAE City Clerk CITY OF R O/INOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #20-66-144 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, September 16, 1996, Mr. Clarence Wallace, 1624 Gilmer Avenue, N. W., addressed Council with regard to parked vehicles on private property; and advised that some citizens are required to clean their lots, however, the City does not enforce the rule for all citizens of Roanoke. You were requested to contact Mr. Wallace to discuss his concerns. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mr. Clarence Wallace, 1624 Gilmer Avenue, N. W., Roanoke, Virginia 24016 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 September 23, 1996 File #72-110-137-200-326-450 SANDRA H. EAKIN Deputy City Clerk J. Lee E. Osborne, Chairperson Fifth Planning Distdct Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Osborne: I am enclosing copy of Resolution No. 33113-091696 supporting the Fifth Planning District Commission in establishing a Regional Steering Committee to define the process of developing a regional partnership for the Distdct and to identify and address key areas of interest to the various localities, pursuant to the Regional Competitiveness Act enacted by the 1996 Session of the General Assembly. Resolution No. 33113-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Wayne G. Strickland, Executive Director, Fifth Planning Distdct Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager James D. Gdsso, Director of Finance Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1996. No. 33113-091696. A RESOLUTION supporting the Fifth Planning District Commission's establishing a Regional Steering Committee to examine the process for developing a regional parmership pursuant to the Regional Competitiveness Act enacted by the 1996 Session of the General Assembly. WHEREAS, Chapter 26.3 of Title 15.1, Code of Virginia ( 1950), as amended, (the Regional Competitiveness Act of 1996) calls for creation of regional partnerships; WHEREAS, the regional partnerships created by the Act maybe based on planning district boundaries; WHEREAS, each regional partnership is to develop a regional strategic economic development plan that identifies the critical issues of economic competitiveness for its region; WHEREAS, each regional partnership shall issue an annual report describing the region's progress with respect to median family income and job creation and its progress in addressing the critical issues of economic competitiveness identified in the regional strategic economic development plan; WHEREAS, each regional partnership shall identify existing and proposed joint activities between and among the governments of a region; WHEREAS, the Fifth Planning District Commission is an association of the Cities of Clffion Forge, Covington, Roanoke and Salem, the Counties of Alleghany, Botetourt, Craig and Roanoke and the Town of Vinton; WHEREAS, the Fifth District Planning Commission has for over a quarter century encouraged local governments of the Fifth District Planning Commission to work together for their mutual benefit and the benefit of the Commonwealth; WHEREAS, the Fifth District Planning Commission has long carded out a variety Qf programs to improve the economic competitiveness of the region including the preparation of overall economic development plans; WHEREAS, the Fifth District Planning Commission monitors and reports on the major trends and conditions within the region and maintains a familiarity with existing and proposed joint activities within the region; WHEREAS, the Fifth District Planning Commission has expressed a willingness to coordinate the creation of a regional partnership in the District, and has allocated staff time for coordination and administration of the partnership; and WHEREAS, the regional partnerships created under the Regional Competitiveness Act must be approved by the local governing bodies of the participating local governments; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council expresses its support of the Fifth District Planning Commission in establishing a Regional Steering Committee to del'me the process of developing a regional partnership for the District and to identify and address key areas of interest to the various localities. 2. The City Clerk is directed to forward an attested copy of this Resolution to J. Lee E. Osborne, Chairman, Fifth District Planning Commission. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2401 I-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 September 16, 1996 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Subject: Resolution of support for the establishment of a Steering Committee by the Fifth District Planning Commission for the purpose of examining a process for the development of a Regional Partnership under the Provisions of the 1996 Regional Competitiveness Act. Dear Members of Council: The Virginia General Assembly enacted the 1996 Regional Competitiveness Act for the purpose of encouraging counties, cities and towns to work together for their mutual benefit and for the benefit of the entire Commonwealth. The Act establishes state incentive funds for those regions that join together to plan for regional economic development and propose to carry out services Jointly. In order to be eligible for funding, four elements must exist: 2. 3. 4. An active "Regional Partnership." A Regional Strategic Economic Development Plan. An annual report on economic progress. Joint delivery of services totaling 20 points weighted scale (existing joint activities cannot for more than 10 points). on a count As a logical first step, I am placing a Resolution before you today supporting the efforts of the Fifth Planning District Commission to establish a steering committee. This committee will be engaged to develop a process for the establishment of a "Regional Partnership" in order to be eligible for incentive funding being made available through this legislation. The Honorable Vice-Mayor and Members of Roanoke City Council September 16, 1996 Page 2 The purpose of the steering committee is to recommend an organizational structure for the proposed Regional Partnership and to identify and address key issues of interest to various localities. I hope that you will Join me in support of this important first step for our region to be eligible for funding when all the regulations of this Act are finalized. Sincerely, David A. Bowers Mayor DAB:jas:js CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION TO: FROM: SUBJECT: DATE: Wilburn C. Dibling, Jr., City Attorney W. Robe Hr~erbert, City Manager Resolution in Support of the Fifth Planning District Commission Establishing a Regional Steering Committee to Examine Process for Developing a Regional Partnership Under the Provisions of the 1996 Regional Competitiveness Act August29,1996 Will, would you please prepare a resolution in the proper format regarding the above-referenced matter which is to go before City Council on September 16, 1996. I am attaching a proposed resolution which was prepared by the Chairman of the Fifth Planning District Commission, J. Lee Osborne. Thank you in advance for your assistance. Please contact me should you have any questions. /dh Attachment cc: D~ebo?ah J. Moses, Assistant to the City Manager for Special Projects ,,"Sandra H. Eakin, Deputy Clerk FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 Mayor David A. Bowers Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 August 1, 1996 RECEIVED ,e, u6 MAYOR'S Dear Mayor Bowers: On June 14, I wrote to you stating the PDC's interest in establishing a regional partnership for this Planning District under the auspices of the Regional Competitiveness Act adopted by the Virginia General Assembly in 1996 (a copy of this letter is enclosed). After some discussion at the Planning District Commission, it was felt that our next step in developing the partnership is to establish a regional steering committee composed of one commission member from each local government in the District and the chief administrative official from each government. The purpose of the steering committee is to recommend an organizational structure for the proposed regional partnership, and to identify and address key issues of interest to various localities, ff this Planning District moves quickly to organize its partnership, it is likely that we can influence the criteria adopted by the Virginia Department of Housing and Community Development (VDHCD) governing how partnerships become qualified, f~~~wo ways' Fi~t' t° sh°w Y~ c~°mmuni_~_'s~ The PDC is asking for your support_0 support for this process, we are aslant the e.nclos~ m. sol~ resolution states that your community its the es' ' ' xamine the process of developing a regional patnership. (The adoption of the enclosed resolution at this time does not commit your community to participation in the palnership once it is formed.) Second, we are asking that you appoint one elected official that represents your commtmity on the Planning District Cornmi~aioll and yoLu'chief administrative official (or a designee) to serve on the steering committee. Tbe appointment of your community's representatives by August 31, 1996 would help keep this process on track. Some local officials have expressed concern about the small amount of initial funding in the Competitiveness Act (about $3 million). It is hoped that these funds will be significantly increased by the General Assembly in the future. Once a regional partnership becomes qualified to receive incentive funds, the local governments participating in the partnership are eligible to receive funding for five years. Those regional partnerships that qualify for funds in fiscal year 1997-98 will be eligible for funding through fiscal year 2001-02. Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County, Roanoke City, Roanoke County, Salem, and the Town of Vinton Page-2- The steering committee will hold its first meeting in early September 1996. At that meeting, we intend to have a representative from VDHCD to answer questions about the Regional Competitiveness Act. To hasten the formation of the proposed regional partnership, the steering committee will prepare a recommendation on the structure of the partnership by November 1996. If local governments find the recommendation acceptable, the partnership would be formed early in 1997. The PDC has allocated staff time to help in coordinating the formation of the partnership and assist the proposed partnership in the preparation of documents required for participation in the Regional Competitiveness Act. The PDC encourages your community to adopt the resolution of support and to appoint a representative to serve on the regional steering committee. We need to have all member governments participate on the steering committee. Please feel free to call me (982-0234) or Wayne Strickland (343-4417) if you have any questions. Sincerely, $. Lee E. Osborne Chairman Enclosures cc: W. Robert Herbert, Roanoke City Manager The day of ,1996 RESOLUTION In Support of the Fifth Planning District Commission Establishing a Regional Steering Committee to Examine the Process for Developing a Regional Partnership Under the Provisions of the 1996 Regional Competitiveness Act WHEREAS, Chapter 26.3 of Title 15.1 of the Code of Virginia (the Regional Competitiveness Act of 1996) calls for the creation of regional partnerships; and WHEREAS, the regional partnerships created by the Regional Competitiveness Act are to be based on planning distdct boundaries; and WHEREAS, each regional partnership is to develop a regional strategic economic development plan that identifies the cdtical issues of economic competitiveness for its region; and WHEREAS, each regional partnership shall issue an annual report describing a region's progress with respect to median family income and job creation and its progress in add.ressing the critical issues of economic competitiveness identified in the regional strategic economic develOpment plan; and WHEREAS, each regional partnership shall identify existing and proposed joint activitiee between and among the governments of a region; and WHEREAS, the Fifth Planning Distdct Commission is an association of the Cities of Clifton Forge, Covington, Roanoke and Salem; the Counties of Alleghany, Botetourt, Craig and Roanoke; and The Town of Vinton; and WHEREAS, the Fifth Planning Distdct Commission has for over a quarter century encouraged local governments of the Fifth Planning Distdct Commission to work together for their mutual benefit and the benefit of the Commonwealth; and Resolution Page -2- WHEREAS, the Fifth Planning District Commission has long carded out a variety of programs to improve the economic competitiveness of the region including the preparation of overall economic development plans; and WHEREAS, the Fifth Planning District Commission monitors and reports on the major trends and conditions within the region and maintains a familiarity with existing and proposed joint activities within the region; and WHEREAS, the Fifth Planning District Commission has expressed a willingness to coordinate the creation of a regional partnership in the District, and has allocated staff time for coordination and administration of the partnership; and WHEREAS, the regional partnerships created by the Regional Competitiveness Act are to be approved by the local governing bodies of the region; NOW, THEREFORE BE IT RESOLVED, that the [City/Town Council and/or Board of Supervisors] for the [Locality name] expresses its support of the Fifth Planning District Commission in establishing a regional steering committee to define the process of developing a regional partnership for the District and to identify and address key areas of interest to the various localities. ATTEST: June 14, 1996 FIFTH PLANNING DISTRICT COMMISSION 313 Luck Avenue, SW Post Office Box 2569 Roanoke, Virginia 24010 ,540) '~43-4417 · fax ~'540)343-44~6 Chief Elected Official, Fifth Planning District FROM: J. Lee E. Osborne, Chairman SUBJ: Formation of a Regional Partnership Under the 1996 Regional The Fifth Planning District Commission is interested in establishing a regional partnership, as authorized in the ~ Section 15.1-1227.1 - 15.1-1227.5. (This legislation is known as the Regional Competitiveness Act.) The purpose of the Act is to encourage counties, cities and towns to work together for their mutual benefit and the benefit of the Commonwealth. The Act establishes state incentive funding for those regions that Join together to plan for regional economic development and propose to carry out services Jointly. The Code defines a "region" as a Planning District; however, by agreement of the localities of the Planning District, localities which are not part of the District may be added to the region if such a localitlfs governing body, by vote, agrees to be part of the region. A fewer number of localities which compose a Planning District may form their own region if: (1) the Depa~t~uent of Houaing and Community Development (DHCD) approves this regional configuration; and (2) the region cont. tns a city (unless acity chooses not to participate). The Fifth ~ DIstzict Co~nmtf4ion proposes to efFtshlith a regional portnership which would encompm the entire plsnntng District: the Counties of Alleghany, Botetourt, Cral~ and Roanoke; the Cities of Clifton Forfe, Covington, Roanoke and Salem; and the Town of Vlnton. The General A~embly appropriated $3 million for fiscal year 1998, plus up to $5 million from the Governors Economic Opportunity Fund, to be used to further the goals of the Regional Competitiveness Act. In order to be eligible for funding, four criteria must be met: (1) {3) (4) there must be an active regional partnership in place, there must exist a regional strategic economic development plan, annual reports concerning economic progress toward achieving the plan must be provided, and the Joint delivery, totaling 20 points on a weighted scale, must be achieved to be eligible for funding. Serving Alleghany County, Botetourt County, CliP, on Forge, Covington, Craig County, Roanoke City, Roanoke County, ~l~m, and the Town of Vinton At a very minimum, the regional strategic economic development plan must include an economic analysis of family income, job creation, income disparity, and provide a list of critical issues involving economic competitiveness of the region. The Fifth Planning District Commission hap already allocated staff resources in its FY 1997 Work Program and budget to: (1) coordinate the meetings of the regional partnership; (2) collect and analyze appropriate economic data to accommodate the requirements of the Regional Competitiveness Act; (3) prepare the regional strategic economic development plan; and {4) submit the plan and appropriate materials to DHCD for approval. The strategic economic development plan must be in place by July 1, 1997 in order for the regional partnership to be considered eligible for funding in FY 1998. Another aspect of eligibility for the incentive funds involves receiving 20 points on a weighted scale for existing and planned multi-jurisdictional cooperative activities. The Planning District Commission st~ff is in a good position to analyze such activities, and, in fact, has already prepared such a report for state agencies in the past. As can be seen from the enclosed copy of the Regional Competitiveness Act (see the last page), existing and/or future functional activities involving economic development, regional revenue sharing, and education receive higher weighted points on the scale. Additionally, high points are also assigned for cooperative efforts in the area of human services, land use, and housing. Local governments in the Roanoke Valley and Alleghany Highlands already have a number of cooperative ~oreements in place which would provide enough points to be immediately eligible for the incentive program. Funds provided through the incentive program are based upon the percentage share that the population of the participating governments in the region represent, figured as a percentage of the total population of all regions that qualify for funding under the program. Any incentive funds which may be provided the region will be distributed based on an acceptable forw,,l~ established by the paxt~ership. Once a region becomes eligible for funding, funding is guaranteed for five consecutive years based on the annual appropriation from the General Assembly. The Department of Housing and Community Development has the authority to modify the method of funding. As the PDC pursues the development of a regional partnership under the Regional Competitiveness Act, we would like to know more about your concerns and interests in the formulation of the paxt~ership. Over the next month, the staff of the Fifth Planning District Commission will be contacting local government officials to determine an appropriate date to meet to discuss the formation of a regional partnership and to answer questions about the Regional Competitiveness Act. Thank you for your assistance in this cooperative effort. We look forward to working with member governments, the business community, and citizens as we pursue the formation of a regional partnership for the Fiith Planning District. Enclosure CC: Board of Supervisors and/or City/Town Council Members County Administrators and/or City/Town 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 September 23, 1996 File #17-132 R. Michael Amyx Executive Director Virginia Municipal League P. O. Box 12164 Richmond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 33114-091696 designating the Honorable David A. Bowers, Mayor, as Voting Delegate and the Honorable Linda F. Wyatt, Vice-Mayor, as Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 22, 1996; and designating W. Robert Herbert, City Manager, as StaffAssistant for any meetings of the Urban Section of the League. Resolution No. 33114-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1996. No. 33114-091696. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section of the League. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as For the Annual Business Session of the Virginia Municipal League to be held in Roanoke, Virginia, on October 22, 1996, the Honorable David A. Bowers, Mayor, is hereby designated Voting Delegate, and the Honorable Linda F. Wyatt, Vice-Mayor, is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1996 Annual Conference, W. Robert Herbert, City Manager, shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk. H: Imeasures/r-vmlvo. 5 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 September 16, 1996 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: The Virginia Municipal League will meet on October 20 - 22, 1996, in the City of Roanoke. The Annual Business Session will be held on Tuesday, October 22, and in past years the Mayor and Vice-Mayor have served as Voting Delegate and Alternate Voting Delegate. With your concurrence, I will be pleased to serve as the City's Voting Delegate, and Vice- Mayor Wyatt will serve as Alternate Voting Delegate. Best personal regards. Sincerely, David A. Bowers Mayor DAB:sm 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 September 23, 1996 File #133-236-502 SANDRA H. EAKIN Deputy City Clerk Martin B. Malt Deputy Director Virginia Department of Criminal Justice Services 805 East Broad Street Richmond, Virginia 23219 Dear Mr. Malt: I am enclosing copy of Resolution No. 33116-091696 authorizing acceptance of Grant No. 97-B8554VW96, in the amount of $64,328.00 for fiscal year 1996-97, made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Program and authorizing execution and filing by the City Manager of the conditions of the grant and other grant documents. Resolution No. 33116-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Jill L. Sexton, Victim/Witness Coordinator, Office of the Commonwealth's Attorney W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA. The 16th day of September, 1996. No. 33116-091696. A RESOLUTION authorizing the acceptance of Grant No. 97-B8554VW96 made to the City of Roanoke by the Commonwealth of Virginia Department of Criminal Justice Services for a Victim/Witness Program and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Criminal Justice Services of Grant No. 97-B8554VW96 in the amount of $64,328.00 for Fiscal Year 96-97 for a Victim/Witness Program. 2. The local cash match for Fiscal Year 96-97 shall be in the amount of $25,671.00. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 97- B8554VW96. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. 5. This Council concurs in the creation of an additional grant position for the Victim/Witness Program as more particularly described in the report of the City Manager dated September 16, 1996. ATTEST; City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF R O,4NOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File fI~60-133-236-502 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33115-091696 amending and reordaining certain section~ of the 1996-97 Grant Fund Appropriations, providing for appropriation of $64,328.00 in connection with acceptance of a Victim/Witness Assistance Program grant. Ordinance No. 33115-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. pc; The Honorable Donald S. Caldwell, Commonwealth's Attorney Jill L. Sexton, Victim/Witness Coordinator, Office of the Commonwealth's Attorney W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of September, 1996. No. 33115-091696'. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 1996-97 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Judicial Administration Victim Witness Assistance FY96 Revenue (1-10) ............. Judicial ' · . Administration Victim Witness Assistance FY96 (11-12) ............ 1) Regular Employee W~ges 2) FICA 3) Training and Development 4) Expendable Equipment < $1,000 5) Telephone 6) Administrative Supplies 7) Dues and Membership 8) Printing 9) Postage 10) Management Services 11) State Grant Revenue 12) Local Match (035-026-5120-1002) (035-026-5120-1120) $ 66,154 10,899 (035-026-5120-2044) 2,960 (035-026-5120-2035) 4,231 (035-026-5120-2020) 800 (035-026-5120-2030) 2,395 (035-026-5120-2042) 200 (035-026-5120-2075) 200 (035-026-5120-2160) 1,440 035-026-5120-7015) 720 '035-035-1234-7240) 64,328 035-035-1234-7241) 25,671 $ 684,167 89,999 $ 684,167 89,999 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 16, 1996 96-603 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Victim/Wimess Assistant Program Grant I concur with the recommendation from the Commonwealth's Attorney with respect to acceptance of the Victim/Witness Assistant Program Grant and recommend it to yon for the appropriate action. Please note that while the grant requires a local match of $7,148, a local share of $25,671 will be provided as included in the FY 1996-97 budget. This is the same level of funding provided during FY 1995-96 and provides for the continuation of the present level of services. Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager Budget Administrator City Attorney City Clerk Commonwealth's Attorney Director of Finance Roanoke, Virginia September 16, 1996 96-603 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Acceptance of Victim/Witness Assistant Program Grant I concur with the recommendation from the Commonwealth's Attorney relative to the above referenced subject and recommend it to you for the appropriate action. Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager Budget Administrator City Attorney City Clerk Commonwealth's Attorney Director of Finance September 16, 1996 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Acceptance of Victim Witness Assistance Program Grant I. Background Victim/Witness Proqram is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. Roanoke City Victim/Witness/Juror Assistance Committe~ (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth,s Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Co Victim/witness Proqram was developed and utilized volunteers in the court system to provide services to support the needs of victims and witnesses. Do Eo The RCVWJ committee submitted the program to the State with a request for full payment funding. A start-up grant (#85A6252) was issued on July 1, 1984, in the amount of $16,202 for FY 84-85 subject to proportional annual local funding to be approved each year. City Council accepted the start-up grant in September, 1984, and hired a full-time program coordinator in October, 1984. The program has been in continued operation since then. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 2 II. Current Situation The Victim/Witness Assistance Proqram has been awarded a twelve month $64,328 grant (#97-C8554VW96) for July 1996 through June 1997. This award requires a local cash match of $7,148. A local cash match of $25,671 will be provided for a total grant budget of $89,999. The local cash match is level funded from FY 1995-1996. This award includes funding for an additional full-time Victim/Witness Assistant program staff member with additional funding provided by the Department of Criminal Justice Services. The Victim/Witness Program continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. In addition, the Virginia Crime Victim and Witness Rights Act will require the program to contact and provide services to an increased number of victims and witnesses. A summary of FY 92-93, 93-94, 94-95, 95-96 contacts documents the services of the program (see Attachment A). The grant award includes funding for an additional staff member who will provide services to victims and witnesses of misdemeanor offenses in the General District Court and appeal cases and certain felony offenses in the Circuit Court. The Victim/Witness Proqram is coordinated by the Office of the Commonwealth's Attorney and this office's FY 96-97 budget as approved by City Council included a local cash match grant fund of $25,671 (appropriated as outlined in Attachment B). III. Issues A. Services B. Costs Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 3 IV. Alternatives City Council accept the Victim/Witness Grant #97- C8554VW96 for $64,328 with Roanoke City paying a total of $25,671 as a local cash match for a total grant of $89,999, and authorize an additional position for the Victim/Witness Program as included in the Victim/Witness grant award. 1. Services so Present level of services and contacts would be maintained for victims and witnesses in General District Court. bo Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. Additional contacts would be made to victims and witness in the General District Court and expanded services provided to victims and witnesses in the Circuit Court. 2. Costs Cost to the City for Grant #97-C8554VW96 would be $25,671 as a local cash match. City Council not accept theV'lctlm/Wltness' ' Gran~ #97- C8554VW96 in the amount of $64,328. 1. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. Providing felony and certain misdemeanor victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology, and informing them of their rights under the Virginia Crime Victim and Witness Rights' Act. Notifying victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and part of the criminal justice system. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 4 j o Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. Assisting victims in securing court ordered restitution payments. Providing information on the Virginia Criminal Injuries Compensation Fund and assisting victims in completing the application process. Assisting victims in completing forms in order to be notified of a prisoner's custody status while incarcerated in the Roanoke City Jail or within the Department of Corrections. Assisting victims and witnesses in completing request for confidentiality forms. Providing referrals to other agencies which can help victims address their non-criminal justice needs. Accompanying victims and witnesses to court proceedings to reduce their fears and anxieties regarding court appearances. Providing courtroom tours for child victims and adult victims of sexual assault. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. Assisting sexual assault victims in having forensic medical bills paid for by the court system. Assisting probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentencing. Providing short-term counseling and crisis intervention to crime victims and witnesses. Members Subject: Page 5 of Council Acceptance of Victim/Witness Assistance Program Grant o. Arranging transportation to court for those victims and witnesses who have special needs. p. Providing public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and victimology. Costs would not be an issue. Recommendations City Council concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant #97- C8554~qW96 for the Victim/Witness Program in the amount of $64,328 with the City providing a total local cash match of $25,671 from the monies provided in the Transfer to Grant Fund Account in the FY 96-97 budget. City Council authorize an additional qrant positio~ for the Victim/Witness Program as included in the Victim\ Witness Grant award. Authorize the City Manaqer to sign and execute all appropriate documents to obtain Grant #97-C8554~-W96. ApDropriate $64,328 in state qrant funds and transfe~ $25.671 in local matchinq funds from General Fund account 001-004-9310-9535 to the Grant Fund and establish a corresponding revenue estimate into accounts to be established by the Director of Finance. DSC:jls pc: ~ttDonald S. Caldwe~d' Commonwealth's Attorney City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator Service 2 o 8. 9. 10. 11. 12. 13. Victim Witness Assistance Program Service Summary Case Disposition & Case Status Information Intercession with Schools or Employers Crisis Intervention Referral to Crime Victims Compensation Fund Restitution Payment Assistance Criminal Justice System Explanation Educational Brochures Given Total Victims Contacted Total Witnesses Contacted Courtroom Tours for Child Witnesses Volunteer/Intern Hours Utilized Amount of Restitution Collected Amount of Crime Compensation Awarded to Victims FY FY FY FY 92-93 93-94 94-95 95-96 2,015 2,279 2,313 2,436 9 8 12 9 22 3 43 32 127 77 172 150 520 479 815 783 333 807 690 559 1,210 1,768 1,885 1,729 626 708 724 581 425 400 570 517 91 40 73 65 490 745 194 55.75 $53,202 $56,804 $62,299 $62,656 $41,386 $85,683 $40,123 $57,764 Statistics listed on this statistically by the Victim Criminal Justice Services. page reflect some of the services being counted Witness Program as required by the Department of ATTACHMENT B LOCAL CASH MATCH GRANT FUND FY 84-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 FY 89-90 FY 90-91 FY 91-92 FY 92-93 FY 93-94 FY 94-95 FY 95-96 FY 96-97 DCJS GRANT $16 202 (100% $13 772 (71%) $32 550 (84%) $17 225 (64%) $19 048 (57%) $32 250 (62%) $35 619 (64%) $34 787 (64%) $36 706 (63%) $36 798 (65%) $34 021 (58%) $35,910 (58%) $64,328 (71%) LOCAL CASH MATCH $ 5 538 (29%) $ 6 575 (16%) $ 9 916 (36%) $14 514 (43%) $20 072 (38%) $20 027 (36%) $20 011 (36%) $21 419 (37%) $20 027 (35%) $24,903 (42%) $25,671 (42%) $25,671 (29%) TOTAL $16 202 $19 310 $39 125 $27 141 $33 562 $52 322 $55 961 $54 798 $58 125 $56 825 $58 924 $61 581 $89 999 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 24011-1536 Telephone: (540) 98[-2541 Fax: (540) 224-3 [45 SANDRA H. EAKIN Deputy City Clerk September 23, 1996 File ~60-236-270-467-472 Marsha W. Ellison, Chairperson Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33117-091696 amending and reordaining certain sections of the 1996-97 School and General Fund Appropriations, providing for appropriation of $393,338.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund to be used for vadous school equipment and improvements; and appropriation of funds to the following school grant accounts: $2,745.00 - 1996-97 Opportunity Knocks Program, $93,776.00 - State Truancy Project, $25,000.00 - Southern Regional Education Program, and $67,232.00 - Title I Local Delinquent Children Grant. Ordinance No. 33117-091596 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; Dr. E. Wayne Hards, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board W. Robert Herbert, City Manager James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKEt The 16th day of September, 1996. No. 33117-091696. VIRGINIA 1996-97 AN ORDINANCE to amend and reordain certain sections of the School and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE Roanoke that certain sections Fund Appropriations, be, and reordained to read as follows, IT ORDAINED by the Council of the City of of the 1996-97 School and General the same are hereby, amended and in part: $chool Fund Appropriations Education $114,942 Title I Local Delinquent Children Grant 96-97 (1-12). 67 Opportunity Knocks (GED) 96-97 (13-14) ............... 2 Southern Regional Education Program 96-97 (15-16) .... 25 State Truancy Project 96-97 (17-22) .................. 93 Facilities (23-33) ................................... 1,622 258 232 745 000 776 297 Revenue Education $112,143,835 Title I Local Delinquent Children Grant 96-97 (34)... 67,232 Opportunity Knocks (GED) 96-97 (35) .................. 2,745 Southern Regional Education Program 96-97 !36). 25,000 State Truancy Project 96-97 (37) .............. ]~]~ 93,776 Non-Operating (38) ................................... 38,927,437 Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (39)................ $ 0 General Fund Appropriations Nondepartmental Transfers to Other Funds (40) ....................... Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (41) ................ $ (030-060-6155-6554-0138) (030-060-6155-6554-0151) (030-060-6155-6554-0129) (030-060-6155-6554-0201) (030-060-6155-6554-0202) (030-060-6155-6554-0204) (030-060-6155-6554-0313 (030-060-6155-6554-0542 (030-060-6155-6554-0551 1) Transition Coordinator 2) Transition Assistant 3) Professional Development 4) Social Security 5) Retirement 6) Health Insurance 7) Student Recognition 8) Lease of Facility 9) Travel 10) Student Transporta- tion 11) Parental 12) Instructional Materials 13) Instructors 14) FICA 15) Inservice Education 16) Social Security 17) Truancy Specialists 18) Social Security 19) Retirement 20) Health Insurance 21) Travel 22) Materials and Supplies 23) Instructional Technology 24) Business and Marketing Education Computers (030-060-6155-6554-0584) Involvement (030-060-6155-6554-0585) (030-060-6155-6554-0614) (030-060-6791-6334-0129) (030-060-6791-6334-0201) (030-060-6951-6114-0129) (030-060-6951-6114-0201) (030-060-6952-6671-0138) (030-060-6952-6671-0201) (030-060-6952-6671-0202) 030-060-6952-6671-0204) 030-060-6952-6671-0551) 030-060-6952-6671-0614) (030-060-6006-6302-0826) (030-060-6006-6343-0826) $ 39,207 3,889 1,000 3,905 4,917 2,383 2,300 2,200 1,000 1,500 2,631 2,300 2,550 195 23,225 1,775 68,906 5,271 7,863 4,765 3,000 3,971 17,380 85,955 $ 54,072,986 53,974,783 1,112,703 25) Roanoke Academy Annex Alterations 26) Facility Maintenance 27) Patrick Henry High School Improvements 28) Huff Lane Improvements 29) Hurt Park Improvements 30) Stonewall Jackson Furniture 31) Asphalt Paving 32) Replacement of Motor Vehicles 33) Morningside Addition 34) Federal Grant Receipts 35) Fees 36) Contribution 37) State Grant Receipts 38) Transfer from General Fund 39) CMERP - School 40) Transfer to School Fund 41) CMERP - School (030-060-6006-6681-0851 (030-060-6006-6681-0851 (030-060-6006-6681-0851 (030-060-6006-6681-0851 (030-060-6006-6681-0851 $ 3,713 41,211 9,836 11,868 1,372 (030-060-6006-6681-0822) 12,130 (030-060-6006-6682-0851) 110,698 (030-060-6006-6683-0808) 96,300 (030-060-6006-6896-0851) 2,875 (030-060-6155-1102) 67,232 (030-060-6791-1103) 2,745 (030-060-6951-1103) 25,000 (030-060-6952-1100) 93,776 (030-060-6000-1037) 100,031 (030-3324) (293,307) (001-004-9310-9530) 100,031 (100,031) (001-3324) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF' FINANCE CITY OF ROANOKE. VA. September 16, 1996 FROM: SIJtMECI~. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Requests for the Appropriation of School Funds and School CMERP Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for four grants in the School Fund. These grants are funded with federal and state funds, contributions and fees. 'l~_is report also appropriates $393,338 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the instructional technology and business and marketing education computer purchases, the replacement of maintenance cargo vehiclesi the purchase of a triple axle dump truck, the purchase of furniture at Jackson Middle School, the paving and repair of parking lots at five schools, and for facility alterations and additions. This is the third appropriation of the School Board's FY96 CMERP funding of $2,132,372. This will leave an unappropriated balance of $1,112,703. We recommend that you concur with this request of the School Board. Director of Fihance JDG/ICF/bls Attachments c: lla Fan-is, Senior Accountant ROANOKE CITY SCHOOL BOARD P. O. BOX 13145 ROANOKe:, VA 24031 (540) 853-2381 September 11, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its September 10 meeting, the Board respectfully requests City Council to appropriate $393,338.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for instructional technology and business and marketing education computer purchases, the replacement of maintenance cargo vehicles, the purchase of a triple axle dump truck, the purchase of furniture at Jackson Middle School, the paving and repair of parking lots at schools, and for facility alterations and additions. The Board further requests the appropriation of funds to the following school accounts: Grant No. 6791 - $2,745.00 for the 1996-97 Opportunity Knocks (GED) program to provide instruction for the General Educational Development Examination for young adults. The program will operate under an Agreement of Understanding with the Fifth Oistrict Employment and Training Consortium. Funding for the program will be provided by fees charged to participants. Grant No. 6952 - $93,776.00 for the State Truancy Project which is a pilot program to provide support for the Roanoke City attendance effort. The program is one hundred percent reimbursed by state funds. This is a new grant program. Grant No. 6951 - $25,000.00 for the Southern Regional Education Program to provide leadership training to members of the City Schools' top management team to assist the district in accomplishing its long-term educational goals. Funding is being provided by a contribution. Members of Council Page 2 September 11, 1996 Grant No. 8156 - $67,232.00 for the Title I Local Delinquent Children Grant to provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention, coordination and referral substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure. The program is one hundred percent reimbursed by federal funds. Sincerely, Cindy H. Ramsuer Clerk of the Board re cc: Mrs. IVlarsha VV. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling ~r. James O. Grisso rs. Ila Farris [with accounting details) ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Funds Request III 030-060-6008-6302-0826 030-060-6006-6343-0826 030-060-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6681-0851 030-080-6006-6681-0851 030-060-6006-6681-0851 030-060-6006-6681-0822 030-060-6OO6-6682-0851 030-060-6006-6683-0808 030-060-6006-6896-0851 Appropriation Unit ZD1 Instructional Technology Business & Marketing Education Computers Roanoke Academy Annex Alterations Facility Maintenance Patrick Henry High School Improvements Huff Lane Improvements Hurt Park Improvements Stonewall Jackson Furniture Asphalt Paving Replacement of Motor Vehicles Momiogside Addition $ 17,380.00 4.4% 85,955.OO 21.9% 3,713.00 0.9% 41,211.00 10.5% 9,836.00 2.5% 11,868.00 3.0% 1,372.00 0.3% 12,130.00 3.1% 110,698.00 28.2% 08,300.00 24.5% 2,875.00 0.7% $ 393,338.00 100.0% The above appropriation represents the third request for proceeds from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for instructional technology and business and marketing education computer purchases, the replacement of maintenance ca~go vehicles and the purchase of a triple axle dump truck, the purchase of furniture at Stonewall Jackson Middle School, the paving and repair of parking lots at five schools, and for facility alterations and additions. The estimated total of the Capital Maintenance and Equipment Replacement Fund for 1996-97 is $2,132,372. The unappropriated balance of the fund after the above appropriation is $1,112.703. September 10, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REGIUEST Opportunity Knocks (GED) 96-97 6791 030-060-6791-6334-0129 Instructors 030-060-6791-6334-0201 FICA Appropriation Unit X7D $ 2,550.00 92.9% 195.00 7.1% $ 2,745.00 100.0% 030-060-6791-1103 Fees $ 2,745.00 100.0% The 1996-97 Opportunity Knocks (GED) program will provide instruction for the General Educational Development (GED) Examination for young adults. The program will operate under an Agreement of Understanding with the Fifth District Employment and Training Consortium (FDETC) to address GED preparation needs of FDETC participant youths. Funding for the program will be provided by fees charged to participants. The classes witl end June 30, 1997. This is a continuing program. September 10, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST State Truancy Project 96.97 6962 030-060-6952-6671-0138 030-060-6952-6671-0201 030-060-6952-6671-0202 030-060-6952-6671-0204 030-060-6952-6671-0551 030-060-6952-6671-0614 Appropriation Unit Z9A 030-060-6952-1100 Truancy Specialists $ 68,906.00 73.5% Social Security 5,271.00 5.6% Retirement 7,863.00 8.4% Health Insurance 4,765.00 5.1% Travel 3,000.00 3.2% Materials and Supplies 3,971.00 4.2% $ 93,776.00 100.0% State Grant Receipts $ 93,776.00 100.0% The State Truancy Project is a pilot program which will provide support for the Roanoke City attendance effort. The program is one hundred percent reimbursed by state funds and will end June 30, 1997. This is a new grant program. September 10, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Southern Regional Education Program 96-97 6951 030-060-6951-6114-0129 030-060-6951-6114-0201 Appropriation Unit X99 030-060-6951-1103 Inservice Education $ 23,225.00 92.9% Social Security 1,775.00 7.1% $ 25,000.00 100.0% Contribution $ 25,000.00 100.0% The Southern Regional Education Program will provide leadership training to members of the City Schools' top management team in order to assist the district in accompiishieg its long-term educational goals. The contribution has been received. The grant will end June 30, 1997. This is a continuing program. September 10, 1996 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Title I Local Delinquent Children Grant 96-97 61~5 030-060-6155-6554-0138 030-060-6155-6554-0151 030-060-6155-6554-0129 030-060-6155-6554-0201 030-060-6155-6554-0202 030-060-6155-6554-0204 030-060-61556554-0313 030-060-6155-6554-0542 030-060-6155-6554-0551 030-060-6151-6554-0584 030-060-6155-6554-0585 030-060-6155-6554-0614 Appropriation Unit X12 030-060-6155-1102 Transition Coordinator Transition Assistant Professional Development Social Security Retirement Health Insurance Student Recognition Lease of Facility Travel Student Transportation Parental Involvement Instructional Materials Federal Grant Receipts $ 39,207.00 58.3% 3,889.00 5.8% 1,000.00 1.5% 3,905.00 5.8% 4,917.00 7.3% 2,383.00 3.6% 2,300.00 3.4% 2,200.00 3.3% 1,000.00 1.5% 1,500.00 2.2% 2,631.00 3.9% 2,300.00 3.4% $ 67,232.00 100.0% $ 67,232.00 100.0% The Title i Local Delinquent Children Grant funds will provide transition services to youth exiting the Juvenile Detention Center and youth entering Youth Haven. The services will include drop-out prevention services, coordination and referral for substance abuse, adolescent health and mental health services, as well as placement services in appropriate and unique educational programs designed for youth at risk of school failure. The program is one hundred percent reimbursed by federal funds and will end September 30, 1997. This is a continuing program. September 10, 1996 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 September 23, 1996 File #53-217-467 Marsha W. Ellison, Chairperson Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Resolution No. 33118-091696 authorizing the appropriate City officials to make application to the Virginia Public School Authority under the Authority's 1996 Interest Rate Subsidy Program for financing in an amount not to exceed $5,000,000.00 of certain capital improvements for Breckinddge Middle School. Resolution No. 33118-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., City Attorney William X Parsons, Assistant City Attorney Diane S. Akers, Budget Administrator, Office of Management and Budget IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 1996. No. 33118-091696. A RESOLUTION authorizing the appropriate City officials to make application to the Virginia Public School Authority for financing under the Authority's 1996 Interest Rate Subsidy Program. WHEREAS, this Council has determined that it may be advisable for the City of Roanoke to contract a debt and issue general obligation bonds in an amount not to exceed $5,000,000.00 to finance certain capital improvements for public school purposes and to sell the bonds to the Virginia Public School Authority (the "VPSA") under the 1996 Interest Rate Subsidy Program. NOW, THEREFORE, be it resolved by the Council of the City of Roanoke that: 1. Tbe City Manager or the Assistant City Manager is hereby authorized and directed to make application to the VPSA under the VPSA 1996 Interest Rate Subsidy Program for financing, in an amount not to exceed $5,000,000.00 of certain capital improvements for Breckinridge Middle School in the City. 2. All actions taken by the City Manager or the Assistant City Manager that are in compliance with this resolution are hereby ratified and confirmed. ATTEST: City Clerk. DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. September 16, 1996 FROM: S~ Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Approval of 1996 Virginia Public School Authority (VPSA) Bond Issue We have reviewed the attached request to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. The resolution requests that the City of Roanoke apply to the VPSA for up to $5,000,000 of financing under the Authority's 1996 Literary Fund Interest Rate Subsidy to provide funding for improvements and additions to Breckinridge Middle School. The proceeds of the bond issue will be used in lieu of the Literary Fund loan, application for which was previously approved by City Council. We recommend that you concur with this request of the School Board. (/ Director ance JDG/ICF/bls Attachments c: lla Fan-is, Senior Accountant FtOANOKE CITY SCHOOL BOAI:LD P. O. BOX 13145 R, OANOKE, VA 24031 (540) 853-2381 September 10, 1996 RESOLUTION OF ROANOKE CITY SCHOOL BOARD REQUESTING THE CITY OF ROANOKE TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF "RESOLVED that the Roanoke City School Board hereby [i] requests the City of Roanoke to apply to the Virginia Public School Authority for up to $5,C)C)0,000.00 of financing under the Authority's 1996 Literary Fund Interest Rate Subsidy Program to provide funding for improvements and additions to Breckinridge Middle School, (ii) requests the City of Roanoke to issue its general obligation school bonds in an amount not to exceed $5,C)D0,0C)0.00 pursuant to such Interest Rate Subsidy Program, and (iii) consents to the issuance of such bonds." Marsha W. Ellison, Chairman H. Ramsuer, Clerk ROANOKE CITY SCHOOL BOARD P. O, BOX 13145 ROANOKE, VA 24011 (540} 981-2381 September 11, 1996 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24D11 Dear Members of Council: Aa the result of official School Board action at ite regular meeting of September 1 O, 1996, the Board approved an application and a resolution for Roanoke City Public Schools to participate in the 1996 Virginia Public School Authority (VPSA) bond issue. The proceeds of the bond issue will be used in lieu of the Literary Fund loan approved by the State for Breckinridge Middle School. Roanoke City Council is requested to approve a resolution indicating that Roanoke City desires to participate in the VPSA bond issue. No further action is required of the City at this time. If the application is approved by the VPSA board, Council will be requested to conduct public hearings and perform any other procedural matters that may be required for participation in the VPSA bond issue. The Roanoke City School Board appreciates the assistance of the City Administration in preparing the necessary documents required for participation in the bond issue. re Enc. cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harria Mr. Richard L Kelley Mr. William L. Murray, Jr. Sincerely, Cindy H. Ramsuer Clerk of the 8oard MMMr. Ken F. Mundy r. W. Robert Herbert r. Wilburn C. Dibling r. James D. Grisso ATTACHMENT A APPLICATION TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY 1996 INTEREST RATE SUBSIDY PROGRAM Name of Count7/Ci~: Roanoke City Name andaddressofCountyAdministrator/CityManager: Mr. W. Robert Herbert, City Manager 364 Municipal Building, Roanoke, VA 24011 Telephone: (540) 981-2333 Fax: (540) 981-2773 Name and address of School Superintendent: Dr. E. Wayne Harris P. O. Box 13145 24031 (540) 853-2381 Fax: (540) 981-2951 Name of Principal Contact: (All further correspondence will be directed to this person unless noted) Richard L. Kelley Phone: (540) 981-2276 Fax: (540) 224-3199 Note: Mailing Address: Roanoke City Public Schools P. 0. Box 13145 Roanoke, VA 24031 Hand Delivery Address: Roanoke City Public Schools 40 Douglass Avenue, N. W. Roanoke, VA 24012 Bond Counsel: (firm, individuals, addr:s, phone & fax) F. B. Webster Day, Wetherington & Melchionna, P. O. Box 90, Roanoke, Phone: (540) 982-3800 Fax: (540) 342-4480 VA Locaiitie~ are required to take ail action necessary to procure the services of qualified Bond Counsel prior to the submission of this application. 24002 Data on Project to be financed (use separate sheets if needed): a. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or management or service contracts: (a separate page may be used).Breckinridge Middle School - Reconstruction of a middle school to modernize electrical, plumbing, mechanical, and structural components.* b. Literary Fund Loan Application Date: 11/14/95 c. Literary Fund Loan Approval Date: 06/27/96 d. Priority Number on Literary Fund Waiting List: 38 *The project will not be subject to lease or management contract. e. Total Expected Cosm: $6.2 million Cost By ProjecffPhase: (separate page may be used) Project Estimated Phase C .,st Plan Development Project Construction Application Costs $375,000 $5,820,000 $5,000.00 Estimated Completion Dare June, 1996 September, 1997 September, 1996 Amount of VPSA Financing Applied for (Approved Amount of Literary Fund Loan): $ 5.0 mi I I inn Note: The VPSA will calculate the amount (size) of your bond and the amount (size) of the interest rate subsidy grant to be received from the Literary Fund. h. Other Funding Sources: Local Capital Bond Issue - $1.2 million What is the status of planning, design and construction for the project? Answer the following questions for the project: a. Have the final plans and specifications, architect's or engineer's statement and the division superintendent's approval been submitted to the Superintendent of Public Instruction (as required by § 22.1-140 of the Code of Virginia)? X yes ~ no b. What is the bid date for the project: Ma}' 10, 1996 c. Estimated Construction Start Date: June ~ 1996 d. Estimated Comtmction Completion Date: Auq./Sept., 1997 .,¢ e. Has any money been expended on the Project? x yes (If yes, indicate the source of such money. See questions 12 and 1.3) no f. Has the project been completed? yes x no Amortization Schedule Preferred: (Principal is expected to be paid in equal annual installments starting on July 15, 19917].) Less than 15 years 15 years 16 years 17 yearn 18 years 19 years 20 years )q Note: While every attempt will be made to satisfy your preferred schedule, there is no guarantee that your request can be honored. Have your Boards approved the proje~fs) and authorized this application to VPSA for the needed financing? Approved by School Board Approved by County Board/City Council yesX aO '~ yes X no ** NOTE: Please enclose certified copies of resolutions. *Scheduled for 9/10/96 **Scheduled for 9/16/96 I1. 12. 13. 14. Were these bonds or projects the subject of a referendum? X yes __no If yes, did the referendum pass? X yes no Date of referendum: Nnwmh~r 8, 1994 Person(s) responsible for disbursing and investing bond proceeds. Name: James D. Grisso, Director of Finance Address: 460 Municipal Building Telephone: (540) 981-2822 Fax: (540) 981-2940 Will bond proceeds from this sale be used to'~'epay a Bond Anticipation Note or other form of interim/temporary financing? yes x no If Yes, please provide all terms of the Bond Anticipation Note or other obligation. Will bond proceeds from this sale be used to reimburse you for prior expenditures? X Ves I~0 If Yes, please attach a copy of your reimbursement resolution. Have you executed any undertaking in regards to cominuing disclosure? yes X no If Yes, please include copies of any such undertakings. NOTE: SUBMISSION OF THIS APPLICATION DOES NOT GUARANTEE PARTICIPATION IN THE SUBSIDY SALE. PARTICIPATION WILL BE BASED ON A LOCALITIES' PRIORITY POSITION ON THE LITERARY FUND FIRST PRIORITY WAITING LIST AND IS SUBJECT TO THE AVAILABILITY OF FUNDS FOR THIS PURPOSE. LOCALITIES WILL BE NOTIFIED AS SOON AS POSSIBLE AFTER SEPTEMBER 16, 1996 AS TO WHETHER THEY MAY RECEIVE FUNDING IN 1996. Tl:rg DEPARTMENT OF EDUCATION AND THE VPSA WILL USE THEIR BEST EFFORTS TO INCLUDE ALL LOCALITIES WIS1TING TO PARTICIPATE. Manager) Signature required ~ fcc] ~.~.-_.e (Superintendent) ~ a,~ TO ~OF~'. ~sis~ant ~ Atto~ BY SIGNING THIS APPLICATION, THE LOCAL OFFICIALS ACKNOWLEDGE THAT IF FUNDS ARE BORROWED FROM THE VPSA TO FUND A PROJECT IN I.W~U OF RECEIVING A LITERARY FUND LOAN, THE LOCALITY WILL BE REMOVED FROM ~ LITERARY FUND WAITING LIST FOR THIS PROJECT. THE LOCAL OFFICIALS ALSO ACIGNOWLEDGE THAT FUTURE LITERARY FUND MONH~S MAY NOT BE USED TO REDEEM BONDS SOLD TO THE VI'SA. THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WITH I COPY OF YOUR COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR TIRE LAST THREE FISCAL YEARS (J-LINE 30, 1993 THROUGH JUNE 30, 1995) BY 5:00 PM ON SEP'I'EMIIER 4, 1996 TO: Gary Ometer, Debt Manager Depu.mxent of the Treasury Commonwealth of Virginia 101 North 14th St., 3rd Floor Richmond, Virginia 23219 LOCALITIES NOT RETURNING THIS FORM WII,L NOT BE INCLUDED IN ~ SUBSIDY SALE. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #178-226-236-511 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to a loan with Total Action Against Poverty for the Henry Street Music Center, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. On motion, duly seconded and unanimously adopted, action on the matter was tabled until the next regular meeting of Council on Monday, October 7, 1996, pending receipt of additional information relating to questions/concerns of Ms. Vernice Law, 1019 Staunton Avenue, N. W. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Theodore J. Edlich, III, Executive Director, Total Action Against Poverty, P. O. Box 2868, Roanoke, Virginia 24001 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24016 Mr. Henry Craighead, 1625 Orange Avenue, N. W., Roanoke, Virginia 24017 Ms. Gloda Dowe, 3702 High Acres Road, N. W., Roanoke, Virginia 24017 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Resources Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor Roanoke, Virginia September 16, 1996 96-32 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Loan with Total Action Against Poverty (TAP) for the Henry Street Music Center. I. Background: City Council authorized a loan of Community Develonment Block Grant (CDBG) funds to TAP in the amount of $212,000 on February 5, 1990, for asbestos removal and other improvements to the Henry Street Music Center by Ordinance No. 29922-2590. B. CDBG funds loaned to TAP were originally intended for public improvements as a part of the plans of the Henry Street Revival Committee. C. Loan was unsecured and was to be repaid in two years with no interest. D. By Aereement dated February 9, 1990, TAP agreed to the provisions of the loan and that the loan would be payable in full in two years. On February 6, 1992, TAP requested that the loan be forgiven or extended for five (5) years on the same terms. On March 9. 1992. City Council authorized a five (5) year loan extension to be evidenced by a Note and secured by a Deed of Trust by Resolution No. 30901-030992. The loan extension provided that no interest would be charged and the note would be due and payable on February 9, 1997. G. TAP did not execute the Note or the Deed of Trusl H. TAP requested that the $212.000 loan be forgiven and considered to have been a grant in a letter dated July 6, 1994. City staff`worked with TAP to resolve this issue. II, Current Situation: A. TAP estimates that an additional $2,000,000 is needed to complete the Henry Street Music Center. Honorable Mayor and City Council Page 2 III. Issoes: A. Impact on TAP's nrograms B. Impact on Henry_ Street Public Improvements D. Cost or revenue to the City E. Terms and conditions F. Timing IV. Alternatives: Authorize the City Manager to amend the agreement with TAP to forgive the loan and to notify the Department of Housing and Urban Development (HUD) that the loan will be considered a grant and is no longer expected to be repaid. Impact on TAP's programs will be positive. This will allow TAP to focus on securing funds for the completion of the music center and to remove the liability associated with the loan from their accounts. Impact on Henry Street public imprgvcmenls will not be an issue. Additional CDBG funds have been committed to further improvements in the Henny Street area. Feder~ will be complied with. The City is allowed to grant CDBG funds to non-profit agencies. 4. Cost or revenue to the City. The City would lose $212,000 in CDBG revenue. Terms and condition~ for forgiving the loan will be monitored for compliance by the Office of Grants Compliance. The terms and conditions will require that TAP: R turn h it 26°/ of net program income generated by the music center for five (5) years a~er the loan is forgiven. (The percentage of program income that must be returned is based on the amount of CDBG funds used in relation to the total cost of the project.) Honorable Mayor and City Council Page 3 Report the number of jobs created as a result of the music center for five (5) years after the loan is forgiven or until the necessary job creation requirements are met. (For the purpose of the CDBG program, the project is classified as economic development and job creation.) Allow the City of Roanoke and the Henry Street Revival Committee to use the music center at no cost for twelve (12) events (public heatings, meetings, etc.) each year for five (5) years after the loan is forgiven. d. Not apply to the City for further CDBG funds for the Henry Street Music Center. e. Continue to seek other resources to further develop the Music Center. Timing is important. TAP is in breach of the current agreement. The note was due and payable as of February 8, 1992, since the loan extension authorized by Council on March 9, 1992 was never fully executed by TAP. B. Authorize the City Manager to call TAP's loan. Impact on TAP's nrograms will be negative. TAP does not have a source of funds to repay the loan. This would impact TAP's ability to raise funds to complete the Music Center, may interrupt the schedule of community events held at the Center, and could adversely affect the operations of the Head Start kitchen which is currently located in the Center. 2. Impact on Henry_ Street public improvements could be negative. The Music Center may be vacated during a transition phase. ~ will only be complied with when the job creation requirements of the CDBG program have been met and documented. If job creation efforts are discontinued, HUD could require the City to return the CDBG funds. Cost or revenue to the City. The revenue would theoretically be the amount of the original $212,000 that can be obtained from TAP. Costs of obtaining this revenue may be substantial. The City may incur legal fees, court costs, and possibly maintenance costs of the Music Center facility should the City gain possession of the facility. 5. T~,~l,~ll!~[g~l~i~ would include taking the legal steps necessary to obtain the funds owed to the City from TAP. Honorable Mayor and City Council Page 4 6. Timing is important. The note was due and payable as of February 8, 1992, since the loan extension was never executed. R~uest TAP to convey title of the facility to the City or the Roanoke Redevelot>ment and Housing Authority (RRHA) in exchange for the City forgiving TAP of the loan. Impact on TAP's programs could be negative. TAP could lose access to the Music Center. This center is used for community events and houses TAP's Head Start kitchen facility. This could result in a loss of jobs for the Head Start kitchen employees. Impact on Henry Street Public Improvements would not be an issue. The City or RRHA would continue to encourage the use of this facility in coordination with future Henry Street public improvements. 3. Federal regulations will be complied with only if the job creation requirements of the CDBG program have been met and documented. Cost or revenue to the City. Cost would include the legal expenses involved with transfer o£the title and the on-going operating costs &the Music Center facility. 5. Terms and conditions would be outlined in the legal documents required for the transfer of the title. 6. Timing would need to be arranged so that the City or RRHA would have access to the needed resources for the on-going operational costs o£the facility. V. ~tion: It is recommended that City Council concur in Alternative A which will authorize the City Manager to amend the agreement to forgive the loan and to notify the Department of Housing and Urban Development (HUD) that the loan will be considered to have been a grant and is no longer expected to be repaid. Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and City Council Page 5 WRH/CAH CC~ Assistant City Manager City Attorney Director of Finance Director of Human Development Budget Administrator Office of Grants Compliance HENRY STREET MUSIC CENTER Remarks by Ted Edlich, TAP President 9/16/96 Mayor Bowers, Members of Roanoke City Council, Mr. Herbert, Ladies and Gentlemen. Good afternoon. I appreciate the opportunity to appear before you on behalf of the TAP organization to request that the loan of $200,000 for removal of asbestos from the former Dumas Hotel be considered an investment grant matching the nearly $700,000 that TAP raised from resources outside the City of Roanoke to restore that facility as the anchor for the Henry Street Revival program. with your permission, I would like to share with you the background for the restoration of the Henry Street Music Center, a statement of its current usage, a word about TAP's economic contribution to the City of Roanoke, and a comment about the future of Henry Street. Prior to 1989, the year of the TAP fire, Mayor Noel C. Taylor, proposed to Roanoke City Council his vision for the renewal of Henry Street. Henry Street, as we all know, had been the business and cultural center for the black community prior to desegregation. For three decades after desegregation, Henry Street had fallen into decline so that for most of that period it became a wasteland of boarded up businesses. Henry Street had become the victim of two forces. The first was urban renewal which broke up surrounding black neighborhoods and dispersed the residents to other sections of the city. The second was the fact that after desegregation black citizens could buy their services and public accoma%odations any where they chose. They were no longer confined to Henry Street by necessity. Mayor Taylor proposed a vision that would combine the best of the past together with opportunities and realities of the future. The Halcyon study, commissioned by Roanoke City Council, proposed a dining and entertainment area with a Music and Jazz Institute as the anchor facility. I would like to remind you that both Mayor Taylor's vision and the Halcyon plan were well publicized at that time and that there was nary a word of public disapproval. That did not mean that everyone was confident in the plan. To be sure some were afraid that a new center city project would endanger the renewal of the Roanoke City Market. Others, over the years, thought that Henry Street had virtually no historic value and envisioned the area as a parking lot for an expanded hotel, conference and trade center. Nevertheless, the vision was neither refuted by the public nor City Council. As you are also aware, TAP had already been involved, working with Mrs. Hazel Thompson and the Northwest -1- Improvement Council, in the renovation of the Harrison School, the first black High School in Southwest Virginia, into 28 apartments for the elderly and handicapped and the home of the Harrison Museum for African American Culture. We have subsequently renovated the old railroad hotel at Shaffer's crossing into the Transition Living Center serving more than 2000 of the areas homeless helping them to get on their feet and earn their way out of poverty. We have renovated five abandoned and vacant residences into the Single Room Occupancy program providing rental housing to those in need. Next month we will complete the renovation of the first Head Start Center in the Roanoke Valley into a modern early childhood development facility for more than one hundred children. As TAP has always seen itself as a partner to the City of Roanoke and its citizens, we sought to figure out how we could assist in this new project particularly as it commemorated the contribution of the black community to this fine city. We studied the plan that called for an anchor facility, a Music Center and Jazz institute, and began to do what we do so well - look for resources outside of the city to make that a reality. We found such a source in an RFP from the federal government for competitive economic development grants. We approached Mayor Taylor and were given the go ahead. Our submission proposed a facility that would accommodate a center for performing arts, a restaurant, and a second kitchen that would provide food for our Head Start program and other nutrition programs for the poor. The Head Start Kitchen would provide both on site personnel and functions until the rest of the Henry Street Revival would come into play. The proposed site was the building that was once the Club Morocco which later came to be known as the Ebony Club. The proposal was accompanied by a letter of support from the City of Roanoke. There was also a letter of support from the Norfolk and Western management of the Hotel Roanoke who envisioned promoting weekends at the Hotel with one evening meal and entertainment at the Henry Street Music Center. Students of Ruffner Junior High prepared beautiful panels that decorate the exterior of this building down to the present time. With support from Congressman Jim Olin and Senators Robb and Warner, we were one of a handful of proposals funded in that national competition. Yet almost immediately there were some problems. The Hotel Roanoke had closed. There were new visions for a proposed Hotel Renovation, a Conference Center and possibly a Trade and Convention Center somewhere in the future. The City Manager and his staff wanted to make sure that the proposed Henry Street Music Center site would not interfere with any of these other plans which could have such a dramatic impact on the economy of the city. The revival of Henry Street had clearly taken a back seat to the renewal of Hotel Roanoke and other visions. More than a year and a half passed. Our contacts in the -2- federal government were pressing us to implement the grant that we had been given. In spite of our interest in being conciliatory to other demands on the City of Roanoke, we pressed the City Manager for a decision on the site of the Music Center. Considering the possibility of a future trade center backing onto the east side of Henry Street, the City of Roanoke proposed that we consider the abandoned Hotel Dumas which was already in the possession of the Roanoke Redevelopment and Housing Authority. TAP had absolutely no involvement in this project prior to the property on Henry Street being transferred from its prior owners. Because of the historic importance of the Dumas and because we still believed in a revival of this historic area, we agreed. Our architect immediately went to work redrawing the plans and commissioning the appropriate environmental studies. Then the bad news. In addition, to rising building costs, the Dumas Hotel was loaded with asbestos. Asbestos was not only prevalent in the dilapidated roof and floor materials; it was a component of the plaster in all of the walls. It would cost an additional $200,000 to remove the materials before renovation could take place. We approached Mayor Taylor and asked for a grant to cover the asbestos removal which had been necessitated because of the City's requirement of a change of site. Mayor Taylor took it to City Council. However, instead of a grant, a loan had been arranged. We protested privately that we did not have resources to repay the loan. We could not in good conscience or legally transfer money for services to the poor to pay for the removal of asbestos. We were told that this was the best that could be done at the time. With our grantor agency demanding action or the withdrawal of the $600,000, the TAP Board of Directors reluctantly agreed to the loan and proceeded with the renovation. It was not an arrangement that we felt good about but the alternative of turning the $600,000 back, defaulting on our commitment to our federal grantors, and not preserving one of the very important structures of this important past was a lessor evil. The Henry Street Music Center renovation broke ground in 1990. Governor Doug Wilder was there for the event. The construction was completed in 1992. Since that time, the Henry Street Music Center has been in constant use. Each day our Head Start Food Service staff prepare breakfast and lunch meals and two snacks for the 550 Head Start children all of whom with the exception of our Salem Head Start Center are in centers in Roanoke City. That is a total of 1,375 meals served daily. We meet 2/3 of these children's daily nutritional needs. During the two years that we were asked by the City of Roanoke to supply food for the Summer Feeding program we prepared 252,000 meals served at 13 different sites. In addition, the auditorium floor of the Music Center is in continuous use serving the community. Among these activities have been popular Jazz Jams, receptions for organizations like the Roanoke Historical Society, presentation of the Noel C. Taylor Award, banquets for the NAACP and the State Head Start Association, community meetings for organizations such as the Inner City Athletic Association, the 19th and Melrose Technical Assistance Committee, Family Reunions, Wedding Receptions and Community Development Block Grant hearings. Our Fall Calendar already includes set dates for the Art Council of the Blue Ridge, Narcotics Anonymous, Becker CPA classes, the Project Discovery Orientation, a Fashion, Poetry and Jazz Show, and various receptions. Small fees for usage help us to cover maintenance costs and to provide improvements like the curtains that were added on the front windows. There is yet a great deal to be done to complete the renovations. Much of the original money went to secure the structure of the facility, to provide an entirely new roof, and to replace the entire flooring of the second and third floors. These floors will have a central opening clear to the first floor eventually providing three floors of dining within hearing and visibility of entertainment on the first floor stage. An elevator shaft has been provided but there were no funds remaining for the provision of the elevator. Our architect estimates that it will take another $400,000 to $500,000 to make the necessary additions. We are currently in preparation of a foundation grant to assist in that endeavor. We believe that the conversion of the $200,000 loan to a grant will demonstrate the public commitment to the project and assist in our ability to raise outside resources. As I have indicated, our request is the result of the unexpected move from the Ebony Club to the Dumas Hotel site. We are not happy with the notion by some that TAP does not pay its own way. We very much pride ourselves in the tens of thousands of men, women, and children we have assisted on the road to self-sufficiency. We are also proud of being a contributor to the Roanoke economy. Over the last 30 years, TAP has brought over 207 million dollars of outside resources into the Roanoke economy. Using the Chamber of Commerce multiplier effect, that has had an over 400 million dollar total economic impact. Eighty-five million dollars has gone into participant wages to low income residents. Other wages have supported the 250 Jobs that TAP brings to the community. TAP prides itself on being an effective equal opportunity employer demonstrating a diverse work force and extremely high quality of performance. Non-personnel expenditures have been to local dealers for office supplies, equipment, buses and vans, rental space, insurance, architects, lawyers, doctors, dentists, builders. Finally, over the last five years alone, TAP and its subsidiaries have paid $147,670 in real estate taxes. The truth is that TAP pays its way and is a wonderful investment for the City of Roanoke, its low income citizens and its entire economy. The bottom line of the Henry Street Music Center project is this: TAP has invested $600,000 of construction resources and another $103,000 of Head Start money in kitchen -4- equipment, lighting, fencing, and security equipment in this facility. The Henry Street Music Center can be the future anchor facility of this two to three block revival area. It is the only building on Henry Street to be preserved to date. It is the only place on Henry Street where people work and citizens gather. Like the First Baptist Church, a few blocks away, it is a commitment to the future. In all likelihood, had TAP not restored the facility, it like the Palace Hotel would have fallen under its own weight or had to be torn down. Our architect suggests that with all the asbestos involved, it would have cost the City of Roanoke a in excess of $100,000 in abatement, demolition and landfill costs. Finally, let me say a few words about Henry Street. The dream for a revitalized Henry Street as suggested by Mayor Taylor was a great dream for the City. It still is! Today the City Market is a major contributor to the city. It has blended the past with the present in a way that makes both cultural and economic sense. There is no question that Henry Street will one day be developed. With the rebuilding of the Hotel and the addition of the Conference Center, North Central Downtown becomes increasingly important to the whole of the city. The question is whether, it like the market will include.a relevant statement of the past or whether it that past will be ignored. Today we have a great opportunity, to work with a developer who has blended past and present in other projects, whose Beale Street project does have fifty percent of businesses owned by minorities and is committed to social justice in economic development ventures. There is no choice to return Henry Street of the past. Its future businesses will have to attract citizens from every Roanoke neighborhood and visito~rs to the city as well in order to be viable. The future of the Music Center is secure no matter what happens. Yet we began this journey as an effort to support a revitalization of the Henry Street area and we are committed to that endeavor. We believe that the ti~e has come for those who are willing to work together and, yes, who are willing to compromise, to make the revitalization of historic Henry Street finally a reality. -5- Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ~-60-178-200-236-488 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33119-091696 amending and reordaining certain sections of the 1996-97 Grant Fund Appropriations, providing for transfer and appropriation of general funds for Roanoke Neighborhood Partnership activities. Ordinance No. 33119-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Vickie S. Tregubov, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 1996. No. 33119-091696. AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 cf Roanoke that certain sections of the 1996-97 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Community Development Neighborhood Partnership 96-97 Revenue Community Development Neighborhood Partnership 96-97 (1-~0) ............. (11) ............... $3,153,230 42,230 $3,153,230 42,230 1) Regular Employee Salaries 2) ICMA Retirement 3) FICA 4) Hospitalization Insurance 5) Dental Insurance 6) Life Insurance 7) Fees for Professional Services 8) Expendable Equipment < $1,000 9) Travel (Citizens) 10) Neighborhood Training 11) Local Funds (035-052-5240-1002) $ 29,795 (035-052-5240-1115) 2,681 (035-052-5240-1120) 2,198 (035-052-5240-1125) 4,632 (035-052-5247-1126) 219 (035-052-5240-1130) 104 (035-052-5240-2010) 5OO (035-052-5240-5147) 500 (035-035-1234-7229) 42,230 (035-052-5240-2035) 500 (035-052-5240-5124) 1,101 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia September 16, 1996 96-167 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Tra. nCf..er and appropriation of general funds for Roanoke Neighborhood Partnership activities. I. Background: City Council authorized $91.897 in Community Develonment Block Grant (CDBG) funds to sunport the 1996-97 administration and activiti~,s conducted by the Roanoke Neighborhood Partnership (RNP) through the submission of the Consolidated Plan to the Department of Housing and Urban Development (HUD) for FY 1996-97 on May 13, 1996 by by Resolution No. 32939-051396. HUD approval of the City's FY 1996-97 Consolidated Plan by letter dated July 12, 1996. City Council authorized an additiomll $5,000 in CDBG funds to the RNP on June 17, 1996 by Resolution No. 32992-061796. These additional funds were to be used for neighborhood planning. City Council authorized the appronriation of $96,897 in CDBG funds for the Roanoke Neighborhood Partnership on July 1, 1996 by Budget Ordinance No. 33022- 070196. City Council authorized $42_230 to support the 1996-97 adminigtration and activities conducted bv the RNP in City General Funds as part of the 1996-97 general fund budget approved by Council on May 13, 1996. This provides the Roanoke Neighborhood Partnership with more flexibility to meet the needs of Roanoke City neighborhoods that may not be eligible for CDBG funding. II. Current Situation: City General Funds need to be transferred to the Grant fund and annronriated to specific Roanoke Neighborhood Partnership accounts as detailed in Attachment A. Honorable Mayor and Members of Council September 16, 1996 Page 2 III. Issues: Impact on community development in the City Funding Timing IV. Alternatives: Authorize the transfer of $42,230 from the General Fund (Account 01-004-9310- 9535) to the Grant Fund and establish a corresponding revenue estimate into an account to be established by the Director of Finance. Imnact on community development in the q;ity would be positive, as the Roanoke Neighborhood Partnership could continue to administer neighborhood programs in areas not eligible for CDBG funding. 2. Funding is available in account 001-004-9310-9535. (Transfer to Grant Fund) 3. Timing is important. The funds are needed to administer program activities. B. Do not authorize the transfer of $42,230 from the General Fund to the Grant Fund. Impact on communi _fy development in the (~ity would be negative as the RNP would have limited resources to administer programs in areas not eligible for CDBG funding. Funding would be an issue. The Roanoke Neighborhood Partnership would not be able to conduct program activities as planned. 3. Timing would be an issue as scheduled activities would be affected. Honorable Mayor and Members of Council September 16, 1996 Page 3 Recommendation: Authorize the transfer of $42.230 from the General Fund (Account 01-004-9310- 9535) to the Grant Fund and establish a corresponding revenue estimate into an account to be established by the Director of Finance, and appropriate funds in the amount of $42,230 to RNP accounts listed in Attachment A. Respectfully submitted, W. Robert Herbert City Manager WRH/ew Attachments CC~ Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Community Planning Office of Grants Compliance Roanoke Neighborhood Partnership Attachment A 035-052-5240-1002 Re~lular Employee Salaries $ 29,795 035-052-5240-1115 ICMA Retirement $ 2,681 035-052-5240-1120 FICA $ 2,198 035-052-5240-1125 Hospital $ 4,632 035-052-5240-1126 Dental $ 219 035-052-5240-1130 LIFE $ 104 035-052-5240-2010 Fees for Prof. Services and Printin~l $ 500 035-052-5240-2035 Expendable Equipment $ 500 035-052-5240-5124 Travel/CITIZEN/ $ 1,101 035-052-5240-5147 Nei~lhborhood Trainin~l $ 500 TOTAL RNP City Funds Budget $ 42,230 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sendra H. Eakin Deputy City Clerk September 23, 1996 File #55-181-302-303-313-381-515-516 Stephen A. Mancuso General Manager Valley Metro Roanoke, Virginia Dear Mr. Mancuso: I am attaching copy of Ordinance No. 33120-091696 authorizing the proper City officials to execute a contract upon certain terms and conditions with the Greater Roanoke Transit Co., for provision of temporary management and operation services for certain City-owned or controlled parking facilities on a month to month basis for a fee of $23,793.50 per month, which contract may be assigned with the written consent of the City Manager. Ordinance No. 33120-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm ERC. pc: Eric J. Teter, Republic Parking System, Inc., 15 E. Campbell Avenue, Roanoke, Virginia 24011 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations IN THE COUTqCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 1996. No. 33120-091696. .~N ORDINANCE authorizing the proper City officials to execute a contract upon certain terms and conditions with the Greater Roanoke Transit Company for the provision of temporary management and operation services for certain City owned or controlled parking facilities; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. In view of the expiration of the contract between the City of Roanoke and James C Berry d/b/a Republic Parking Systems on September 29, 1996, an emergency exists that requires the procurement of temporary management and operation services for those certain City owned or controlled parking facilities covered by the Republic contract until the competitive negotiation process for procuring a long term contract for such services can be completed. 2. The City Manager or the Assistant City Manager and the Clerk are hereby authorized on behalf of the City to execute and attest, respectively, a contract with the Greater Roanoke Transit Company, in a form to be approved by the City Attorney, for temporary management and operation services for those certain City owned or controlled parking facilities set forth above on a month to month basis for a fee of $23,793.50 per month, which contract may be assigned with the written consent of the City Manager, all as is more particularly set forth in the report to this Council dated September 16, 1996, and the cost of said services to be paid for out of funds heretofore or simultaneously appropriated by Council 3. In order to provide for the usual daily operation of the municipal government~ an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage ATTEST: City Clerk. September 16, 1996 Report No. 96-358 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Procurement of Temporary Services for Operation of the Municipal Parking Facilities On an Emergency Basis I. Backqround: Parkinq contract between the City and Republic Parkinq will expire on September 29, 1996. Council was advised of this fact on August 19, 1996 and did authorize advertising and selection of another contractor by competitive negotiations. This procurement process will take an additional 60 - 90 days. In the meantime a need exists to continue to operate the parking facilities. Therefore, an emergency exists to procure temporary parking services until the competitive negotiation process is complete. Bo Greater Roanoke Transit Company (GRTC), former operator of most of our parking facilities, has offered to manage and operate all of our facilities on a month-to- month basis for a fee of $23,793.50 per month (including routine maintenance and security) in accordance with the attached letter dated September 6, 1996. Co Fundinq is available in the Transportation Fund to pay for this expense. II. Recommendation: Council authorize the City to contract with GRTC, in a form approved by the City Attorney, which contract may be assigned with the written consent of the City Manager, for the temporary operation and maintenance of the City's parking facilities on a month-to-month basis for $23,793.50/month. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachment cc: Kit B. Kiser, Director of Utilities & Operations Stephen A. Mancuso, General Manager, Valley Metro Beth Carter, Republic Parking September 6, 1996 VALLEY METRO Greater Roanoke Transit Company P.O. Box 13247 Roanoke, Va. 24~32 540-982-0305 W. Robert Herbert City Manager City of Roanoke Dear Mr. Herbert, As an alternative to the City extending its contract with Republic Parking System Inc. beyond the September 30, 1996 termination date, the GRTC offers the following for your consideration: GRTC, effective September 30, 1996, to assume management and operation of the parking facilities on a month to month basis with either party having the right to terminate upon one month written notice to the other. GRTC's management and operation of the parking facilities to be conducted generally in accordance with the current contract between the City and RPS, Inc. noting that GRTC will provide two full time equivalent administrative positions, five full time equivalent attendant positions, and eight full time equivalent maintenance/security presence positions. GRTC to receive a monthly fee equal to $23,793.50. This fee is for the labor, fringe benefit, insurance and hiring expenses incurred by GRTC. All other expenses are to be paid by the City as is currently the case. This offer is contingent upon the GRTC Board of Directors authorizing me to submit a management and operation proposal to the City as I will be recommending during their September 16, 1996 Board Meeting. When compared to the fee originally bid by RPS Inc. ($14,007 per month), and the fees that the City will otherwise be paying for security (approximately $6,500 per month) and GRTC oversight ($2,600 per month), the fee proposed above represents a monthly increase in the City's expense for such services equal to $686.50. We believe this increase can be funded within the adopted Transportation Fund budget by reducing the expenses in other line items such as telephone, expendable equipment, and building maintenance. We also believe the overall service provided to the City will be much improved, primarily because of the changes we propose to make in the provision of security and maintenance. I offer this proposal now even though it is contingent upon certain action by the GRTC Board as described above because, if it is ultimately agreed to, there will be much for us to do in very short period of time. I will therefore appreciate any thoughts you might have about this offer. I look forward to hearing from you soon. Thank you Stephen A. Mancuso General Manager c: Kit B. Kiser, Director of Utilities and Operations MARY F. PARKER, CMC/AAE City Cl~rk 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 September 23, 1996 File #5-68-277 SAN'DRA H. EAKIN Deputy City Clerk R. Matthew Kennell Executive Director Downtown Roanoke, Inc. 310 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Kennell: I am enclosing copy of Resolution No. 33121-091696 expressing appreciation for and authorizing the City Manager to accept a gift from the Foundation for Downtown Roanoke, Inc., of a 1992 Chevrolet Suburban for use in connection with the Mounted Patrol Unit of the Police Department. Resolution No. 33121-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., City Attorney George C. Snead, Jr., Director, Public Safety M. David Hooper, Chief, Police Department ~'THECOUNCIL FOR THE CITY OF ROANOKE, The 16th day of September, 1996. No. 33121-091696. VIRGINIA A RESOLUTION expressing appreciation and authorizing the City Manager to accept a gift from the Foundation for Downtown Roanoke, Inc., to be used in connection with the Mounted Patrol Unit of the Police Department. WHEREAS, the Foundation for Downtown Roanoke, Inc., a tax exempt organization established to raise funds for the operation of the horseback mounted patrol unit of' the Police Department, desires to donate to the City a 1992 Chevrolet Suburban, and this Council wishes to accept such donation. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council expresses its appreciation to the Foundation for Downtown Roanoke, Inc., for the donation ora 1992 Chevrolet Suburban for use in connection with the Mounted Patrol Unit of the Police Department. 2. Ihe City Manager is authorized, pursuant to §2-263, Code of the City of Roanoke (1979), zts amended, to accept from the Foundation for Downtown Roanoke, Inc., a 1992 Chevrolet Suburban for use in connection with the Mounted Patrol Unit of the Police Department 3. The Clerk is directed to transmit an attested copy of this Resolution to the Executive Director of Downtown Roanoke, Inc. ATTEST: City Clerk. September 16, 1996 Council Report #96-406 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Gift from a Private Corporation thru the Foundation for Downtown Roanoke, Inc. (Police Department Mounted Patrol Unit) I. Back~round: The Foundation for Downtown Roanoke. Inc., a tax-exempt organ- ization, was established three (3) years ago by Downtown Roanoke, Inc., to raise the entire cost of operating the horseback Mounted Patrol Unit. Their support includes all ex- penses incurred by the Mounted Patrol Unit, with the exception of salaries. It is necessary, at times, for the Mounted Patrol Officers to transport horses over lon~ distances. This would occur when participating in regional training exercises with other Mounted Patrol Units or in the transporting of donated or pur- chased horses. It is very important that the vehicle utilized to tow the horse trailer be in sound mechanical condition. II. Current Situation: The Mounted Patrol Unit is currently usinq a 1986 Chevrolet Suburban with more than 200,000 miles on the odometer. This vehicle was donated by a private organization when the Unit was first formed. The vehicle is still adequate for local use but not for long-distance business trips. A 1992 Chevrolet Suburban 3/4 ton 4x4 vehicle has been donated by a private corporation (that wishes to remain anonymous). The donation was made to the Foundation for Downtown Roanoke, Inc., who transferred it to the Police Department Mounted Patrol Unit. The vehicle has an approximate value of Si5,000.00. City Fleet Maintenance has inspected the 1992 Chevrolet Suburban and found it to be in sound mechanical condition. City Council action is recuired to officially accept gifts to the City in excess of $5,000.00 in accordance with City Code §2-263. Page 2 Members of Council September 16, 1996 III. Issues: A. Need. B. Compliance with City Code. IV. Alternatives: A. City Council authorize the City ManaGer to accept gift of the 1992 Chevrolet Suburban, valued at approximately S15.000.00, to be used by the Police Department's Mounted Patrol Unit. 1. Need for a newer and more serviceable vehicle for the Mounted Patrol Unit would be achieved. 2. Compliance with City Code would be met. B. City Council re4ect gift of the 1992 Chevrolet Suburban from the Foundation for Downtown Roanoke, Inc., to be used by the Police Department's Mounted Patrol Unit. 1. Need for a newer and more serviceable vehicle for the Mounted Patrol Unit would not be met at this time. 2. Compliance with City Code need not be considered. Recommendation: City Council concur with Alternative "A." Authorize the City Manager to accept the 1992 Chevrolet Suburban vehicle from the Foundation for Downtown Roanoke, Inc. WRH: MDH: CDA: 1 f s Respectfully submitted, W. Robert Herbert City Manager Roanoke City Mounted Patrors Urban Trail Ride October 20, 1996 Ride with the Mounties through Roanoke Roanoke, Virginia September 16, 1996 #96-559 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: CONVERT ItALF-TIME POSITIONS TO FULL-TI!~IE POSITIONS I. BACKGROUND A. It has been the goal of Social Services to maximize the use of staff to accomplish the nighest level of efficiency with the most cost effective practices. B. The Department's staffing numbers have always been below the minimum required to accomplish benchmarks of performance as set by State Caseload Standards. C. Workloads have increased over the last five (5) '/ears. II. Food Stamps 1990 to 1996 increased from 3,532 to 5,593 cases. Medicaid 1990 to 1996 increased from 3,025 to 7,674 cases. Court Services workload has doubled in number of referrals. CURRENT SITUATION A. In 1984, a service worker position was split to two half-time positions to accommodate and retain workers who could only work half time. Eligibility worker position was split in 1992 for similar reasons. B. Half-time positions are not efficient or effective today. 1. Difficult to fill half-time positions because of lack of interest of qualified applicants. 2. State training schedules for computer training and cnild abuse training are inflexible, requiring full-day, full-week training. 3. Work load is too heavy_. The Honorable Mayor and Members of City Council Roanoke, Virginia September 16, 1996 #96-559 Page Two III. ISSUES A. Services to Community. B. Legal Mandates. C. Budget. IV. ALTERNATIVES Change position # 1505 Social Worker, from half-time to full-time position. Change position gl 372, Eligibility Worker, from half-time to full-time position. 1. Services to Community. a. Position #1505 currently does court investigations for custody determination. Would absorb backlog and produce reports in a more timely fashion. b. Position #1372, now vacant, would be utilized to help with increased applications for assistance by citizens. 2. Legal Mandates - Both positions must comply with court-ordered mandates on timely completion of work. 3. Budget - Would be increased by equivalent of one position. ($25,410). a. Cost of increase would be 75% reimbursed from State $19,058 and 25% local cost $6,352 for a total of $25,410. b. Local share is available in department Account #001-054-5313- 1001, through personnel lapse. Do not change positions # 1505, Social Worker, and # 1372, Eligibility Worker from half-time to full-time positions. 1. Services to Community - Citizens would be adversely impacted by not receiving services in a timely fashion. The Honorable Mayor and Members of City Council Roanoke, Virginia September 16, 1996 #96-559 Page Three ~ - Penalties such as withholding reimbursements could be increased. 3. Budget - Not an issue. RECOMMENDATION A. Accept Alternative A, and change position #1505 from half-time to full-time position. Change position # 1372 from half-time to full-time position. CC Respectfully submitted, W. Kobert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Glenn D. Radcliffe, Director of Human Development Corinne B. Gott, Superintendent of Social Services Diane S. Akers, Budget Administrator Kenneth S. Cronin, Manager, Personnel Management MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4,56 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 September 23, 1996 File #236-261-318-348-349 SANDRA H. EAKIN Deputy City Clerk Peggy J. Baggett Executive Director Virginia Commission for the Arts 223 Governor Street Richmond, Virginia 23219 Dear Ms. Baggett: I am enclosing copy of Resolution No. 33123-091696 authorizing acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts, in the amount of $4,000.00. Resolution No. 33123-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Susan W. Jennings, Executive Director, Arts Council of the Blue Ridge, 20 E. Church Avenue, Roanoke, Virginia 24011 Patdcia L. Avise, Executive Director, Roanoke Symphony Orchestra and Roanoke Valley Choral Society, 541 Luck Avenue, S. W., Suite 200, Roanoke, Virginia 24016 Jere L. Hodgin, Executive and Artistic Director, Mill Mountain Theatre, One Market Square, 2nd Floor, Roanoke, Virginia 24011 W. Robert Herbert, City Manager James D. Gdsso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Glenn D. Radcliffe, Director, Human Resources Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of September, 1996. No. 33123-091696. VIRGINIA, A RESOLUTION authorizing the acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as The City of Roanoke accepts a Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $4,000.00 to be used for those purposes identified in the report ef the City Manager to Council dated September 16, 1996. 2. The City Manager, or his designee, is authorized to execute the requisite grant documents in order to accept said grant on behalf of the City. Ail documents shall be approved by the City Attorney. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ~-60-236-261-318-348.349 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Gdsso: I am attaching copy of Ordinance No. 33122-091696 amending and reordaining certain sections of the 1996-97 Grant Fund Appropriations, providing for appropriation of $4,000.00 in connection with acceptance of a Local Government Challenge Grant from the Virginia Commission for the Arts. Ordinance No. 33122-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Resources Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of September, 1996. No. 33122-091696. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 Roanoke that certain sections of the Appropriations, be, and the same are hereby, to read as follows, in part: Council of the City of 1996-97 Grant Fund amended and reordained A ro riation Parks, Recreation and Cultural $ 27,559 Challenge Grant - FY97 (1) ........................ 4,000 Revenue Parks, Recreation and Cultural $ 27,559 Challenge Grant - FY97 (2) ........................ 4,000 1) Subsidies 2) State Grant Receipts (035-054-8731-3700) $ 4,000 (035-035-1234-7225) 4,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 16, 1996 Roanoke, Virginia Report #96-560 Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: VIRGINIA COMMISSION CHALLENGE GRANT FOR THE ARTS LOCAL GOVERNMENT BACKGROUND The City of Roanoke was notified of a Local Government Challenge Grant available through the Virginia Commission for the Arts. Local Government Challenge Grant Funds are available on a 50 - 50 matching basis, 50 percent state and 50 percent local. Application for the grant was made at the request of the Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre. D. Roanoke has received funding from the Local Government Challenge Grant for several years. II. CURRENTSITUATION .Notification from the Commianion for the Arts has been received that a grant of $4,000.00 is available. The grant will supplement funds already appropriated from the City to the organization through the Citizens Services Committee. The local funds will meet the 50 - 50 match required by the challenge grant. The Grant funds of $4,000.00 will be distributed to The Arts Council of Roanoke Valley ($1,333), Roanoke Symphony Orchestra ($1,333), and Mill Mountain Theatre ($1,334). Mayor & Members of Council Page 2 September 16, 1996 III. ISSUES A. Need for Fundin . B. _Timing. C. Cost to the City. IV. ALTERNATIVES A. City Council accept the $4,000.00 Local Government Challenge Grant from th,, Vir~finia Commission for the Arts. _Need for Funding. The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Mountain Theatre will use funding to make quality arts activities available to citizens of Roanoke. Timing. The grant must be accepted and properly executed papers returned to the Virginia Commission of the Arts prior to release of funds. .Cost to the City. Matching funds have been appropriated in the City's FY 1995- 96 General Fund Budget through the Citizens Services Committee. No additional funding is required. City Council not accept the $4,000.00 grant from the Virginia Commission for th~, Arts Need ~ The Arts Council of Roanoke Valley, Roanoke Symphony Orchestra, and Mill Motmtain Theatre will lose $4,000.00 in funding which would be used to make quality arts activities available to the citizens of Roanoke. 2. Timing. Not an issue. Cost to the City. No impact. Local funds have been appropriated in the City's General Fund Budget through the Citizens Services Committee. Mayor & Members of Council Page 3 September 16, 1996 V. RECOMMENDATION City Council concur with Alternative A and accept the $4000.00 grant from th~, Virginia Commission for the Arts. ~ to revenue and expenditure accounts to be established by the Director of Finance in the Grant Fund. Respectfully submitted, W. Robert Herbert City Manager WRH/GDtUgr CCi Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Barry L. Key, Management and Budget Glenn D. Radcliffe, Director &Human Development MARY F. PARKER, C1VIC/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 September 23, 1996 File #72-246-304 William Cadson Director of Program Operations Governor's Employment and Training Department Theater Row Building, 9th Floor 730 E. Broad Street Richmond, Virginia 23219 Dear Mr. Carlson: I am enclosing 'copy of Resolution No. 33124-091696 authorizing execution of an agreement by and between the Governors Employment and Training Department, the Fifth Distdct Employment and Training Consortium and the City of Roanoke, relative to the respective responsibilities and liabilities of the parties thereto with regard to implementation of certain programs, said agreement to be in substantially such form as set forth in a report of the City Manager dated September 16, 1996. Resolution No. 33124-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm -- Enc. pc; W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Resources Vickie L. Pdce, Administrator, Fifth Distdct Employment and Training Consortium Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, The i6th day of September, 1996. No. 33124-091696. VIRGINIA, A RESOLUTION authorizing the execution of an agreement by and between the Governor's Employment and Training Fifth District Employment and Training Consortium, Roanoke. Department, the and the City of BE IT RESOLVED by the Council of the City of Roanoke that City Manager or Assistant City Manager is authorized to execute agreement by and between the Governor's Employment and Traini~' [ Department, the Fifth District Employment and Training Consortia~ and the City of Roanoke which agreement relates to the respectiv-, responsibilities and liabilities of the parties thereto with regal-: to the implementation of certain programs, such agreement to be substantially such form as set forth in the City Manager's repo~; of September 16, 1996; such agreement to be approved as to form the City Attorney prior to its execution. ATTEST: City Clerk. September 16, 1996 # 96-562 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Su~e~: Service Delivery Area Agreement between the Fifth District Employment and Training Consortium and the Govemor's Employment and Training Department for Program Year July 1, 1996 through June 30, 1997 I. BACKGROUND The City of Roanoke has been designated as the orant redpient of funds received by the Fifth District Employment and Training Consortium (FDETC) under the Job Training Partnership Act. The City of Roanoke acts as fiscal depositon_/of all Consortium funds, by agreement of the localities in the Fifth Planning District. The Fifth Planning_ District has been designate¢l as a service delivery area (SDA) by the Govemor of Virginia. II. CURRENT SITUATION The Govemor's EmPloyment and Trainin0 Department requires concurrence with the attached Agreements by the FDETC Policy Board, Pdvate Industry Council and the City, as the depository of the funds. This Aoreement, which has not changed significantly from previous years, cladtles the roles, responsibilities, and liability of Ihe SDA which includes FDETC Policy Board, Pdvate Industry Coundl, and the grant recipient (City of Roanoke). September 16, 1996 #96-562 Page 2 Contract covers funding and obligations related to Titles II (A,B and C) and III activities for eligible individuals. Authority to execute a~3proodate documentg is needed fi`om City Council. III. ISSUES A. Le air uire ents B. Liabili _ty IV. ALTERNATIVES Authorize the City Manaoer or his desianee to sion the attached Agreements. ~ - The Agreements meet the requirements of the Job Training Partnership Act and review by the City Attomey's office will ensure compliance with local requirements. Liabili _N - Any liability rests with the Policy Board, which is made up of representatives from the Fifth Planning District; however, the City is liable for the proper deposit of these funds. Do not authorize the City_ Manager or his designee to sign the attached Agreements. ~ - The legal requirements of the Job Training Partnership Act would not be met. 2. Liabili _ty - With no formal agreement, liability would not be an issue. September 16, 1996 #96-562 Page 3 RECOMMENDATION Adopt,NtematJve A which authorizes the City Manager or his designee to sign the attached Agreements with the Governor's Employment and Training Department for Program Year 1996 - 1997. Respectfully submitted, W. Robert Herbert City Manager WRHNLP/kdh XC: City Attomey Director of Finance Director of Human Development FDETC Executive Director AGREEMENT This agreement applies to funds appropriated for Program Year 1996 for activities under Title II and Title III of the Job Training Partnership Act is entered into by and between the Governor's Employment and Training Department, herein referred to as the GETD, and the Fifth District Employment and Training Consortium the designated administrative entity and the City of Roanoke, the designated grant recipient, herein collectively referred to as the Second Parties. This agreement is effective July 1, 1996 and expires June 30, 1999. PROGRAM PURPOSE 1. The Job Training Plan for the service delivery area has been prepared and jointly submitted by the Fifth District Employment and Training Consortium Private Industry Council and local elected officials. The said Plan has been reviewed and approved all in accordance with the applicable provisions of the Job Training Partnership Act (JTPA) and it is necessary to make provision for funding the said Job Training Plan. For and in consideration of the mutual covenants hereinafter set forth, the GETD and the Second Parties agree as follows: A. From funds made available to the Governor of Virginia by the USDOL pursuant to Section 202 of the JTPA, funds shall be allotted to the service delivery area through a Title Il-^ Notice of Award (NOA) in accordance with the provisions of Section 202(b) of the JTPA and delivered to the Grant Recipient by the GETD periodically and by such mode as is determined and selected by the GETD. The Second Parties will provide programs to prepare adults for participation in the labor force by increasing their occupational and educational skills, resulting in improved long-term employability, increased employment and earnings, and reduced welfare dependency in accordance with the said Job Training Plan. B. From funds made available to the Governor of Virginia by the USDOL pursuant to Section 252 of the JTPA, funds shall be allotted to the service delivery area through a Title II-B NOA in accordance with the provisions of Section 262 of the JTPA and delivered to the Grant Recipient by the GETD periodically and by such mode as is determined and selected by the GETD. The Second Parties will provide a Summer Youth Program designed to enhance the basic educational skills of youth; to encourage school completion or enrollment in supplementary or alternative school programs; to provide eligible youth with exposure to the world of work; and to enhance the citizenship skills of youth in accordance with the said Job Training Plan. C. From funds made available to the Governor of Virginia by the USDOL pursuant to Section 261 of the JTPA, funds shall be allotted to the service delivery area through a Title II-C NOA in accordance with the provisions of Section 262 of the JTPA and delivered to the Grant Recipient by the GETD periodically and by such mode as is determined and selected by the GETD. The Second Parties will provide programs to improve the long-term employability of youth, enhance the educational, occupational, and citizenship skills of youth, encourage school completion or enrollment in alternative school programs, increase the employment and earnings of youth, reduce welfare dependency, and assist youth in addressing problems that impair the ability of youth to make successful transitions from school to work, apprenticeship, the military, or postsecondary education and training in accordance with the said Job Training Plan. 2. As the designated substate grantee, Fifth District Employment and Training Consortium Private has developed and submitted a Substate Plan for Title III services in the substate area. The said Plan has been reviewed and approved all in accordance with the applicable provisions of the JTPA and it is necessary to make provision for funding the said Substate Plan. For and in consideration of the mutual covenants hereinafter set forth, the GETD and the Second Parties agree as follows: A. From funds made available to the Governor of Virginia by the USDOL pursuant to Section 302 of the JTPA, funds shall be allotted to the service delivery area through a Title III NOA in accordance with the provisions of Section 302(d) of the JTPA and the State Plan for Title III programs and delivered to the Grant Recipient by the GETD periodically and by such mode as is determined and selected by the GETD. Funds will be used to provide programs for dislocated workers in accordance with the provisions of the said Substate Plan. B. Title III discretionary funds awarded to the GETD for activities to be operated by the subgrantee, funds shall be allotted to the service delivery area through a special NOA. Discretionary funds shall by governed by the terms of the individual grant award. SPECIAL TERMS Should the agreement required by Section 103(b) (1) of the JTPA, or any subsidiary agreement among and between the Second Parties be terminated, or there be a claim made of default thereon by any party to the agreement or any subsidiary agreement, then the Private Industry Council or Chief Elected Official, as designated in Section 103(c), shall give written notice of the particulars thereof to the Executive Page 2 Director of the GETD. In such event, the GETD shall have the right to withhold further funding under this Agreement or terminate this Agreement upon such notice as may be reasonable under the circumstances, not in lieu of but in addition to any other remedy available under law if such action be deemed reasonably necessary by the GETD to carry out its duty under the JTPA and the laws of the Commonwealth of Virginia. GENERAL TERMS AND CONDITIONS 1. This agreement is made subject to the availability of the said funds and the allocation thereof to this agreement by the GETD. The GETD shall exert its best efforts to provide the Second Parties with timely advice of changes in funding levels produced at the federal level or required by circumstances affecting within state allocations. 2. The administrative entity and the grant recipient agree to receive, administer, disburse and account for the said funds and such property as may be acquired therewith or otherwise be placed under their control respectively pursuant to the terms of the JTPA or direction of the USDOL, and to perform the related duties imposed upon them by the JTPA, in accordance therewith and the regulations.of the USDOL and the GETD, as the same may presently exist or hereafter be amended or enlarged during the period of this Agreement. In accordance with 20 CFR 627.702(e), by receipt of said funds, the Second Parties shall be accountable for misexpenditure of said funds. Any required repayment shall not be by or from federal funds. 3. Pursuant to the agreement between the U.S. Secretary of Labor and the Governor of Virginia, the GETD reserves the right to interpret the requirements of the JTPA and all implementing regulations consistent with the terms thereof which by this agreement are applicable to the Second Parties. Such interpretations shall be specifically identified as "JTPA Interpretations or Policies" and shall be issued in accordance with the internal policy of the GETD. The Second Parties shall apply and abide by interpretations heretofore issued as well as all such interpretations issued during the term of this Agreement. The GETD shall review these or any subsequent JTPA interpretation upon its own motion or, at its own discretion, upon the request of any interested party. 4. The performance of the Second Parties hereunder shall, for the purpose of Section 106 of the JTPA, be gauged by those performance standards established b~ the U.S. Secretary of Labor pursuant to Section 106 of the JTPA as the same may be varied by the Governor, for the period of this Agreement. 5. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, the Contractor and all subcontractors receiving funds pursuant Page 3 to this agreement shall clearly state: A. the percentage of the total costs of the program or project which will be financed with Federal money, B. the dollar amount of Federal funds for the project or program, and C. the percentage and dollar amount of the total cost of the project or program that will be financed by non-Federal sources. 6. The GETD recognizes the right of the Second Parties to make provision among and between themselves for division of duties and tasks requisite for the proper performance and administration of this Agreement subject to the provisions of the JTPA and implementing regulations. The Second Parties agrees that they shall not, by act of commission or omission, do or fail to do any act in relation to each other which would hinder, frustrate or delay the performance of this Agreement or any act or duty required hereby. 7. This Agreement shall not be assignable, in whole or part, by any Second Parties without the written consent of the GETD; provided, however, that according to the provisions of the said Job Training Plan, contractors may be engaged by the Second Parties to provide services or programs to eligible JTPA participants. In the exercise of the discretion afforded by this provision, the Second Parties shall adhere to the standards set forth in Sections 107(e), 164(a)(3) and 164(e)(2) of the JTPA, and shall assure that all procurement complies with sound practices and elements of contracting. Whenever the word "contractor" appears in the succeeding provisions of this Agreement, the same shall mean such contractors as are permitted by the terms of this Paragraph 6. Any such contract shall be conditioned to secure the benefits of the succeeding provisions to the Second Parties and the GETD. 8. The Second Parties shall give the GETD timely notification of the possibility of disallowed costs incurred in their administration of this Agreement or by their contractors and use prompt and efficient debt collection procedures to obtain cash repayment of disallowed costs. The Second Parties shall not forego debt collection procedures without the express written approval of the GETD. In appropriate cases, the GETD shall petition the U.S. Secretary of Labor to: First: Forgive those costs, if possible; if not to: Second: Accept repayment of those costs in other than cash reimbursement. Nothing in this provision, however, shall be construed to limit or preclude the pursuit of remedies, either legal or administrative, by the GETD or the Second Parties. Page 4 9. Neither the Governor nor the Commonwealth of Virginia assumes liability by virtue of this Agreement for any costs incurred above the amounts provided pursuant tO this Agreement or for costs incurred by the Second Parties or their contractors which are determined to be unallowable. Any such costs shall be at the sole risk of the Second Parties or their contractors. The foregoing provisions of this Paragraph are not intended to preclude, and shall not be deemed to preclude the Second Parties or their contractors from asserting any defense which may be asserted by them hereafter. 10. The Second Parties agrees to give the GETD prompt notice in writing of any action or suit filed or any claim, concerning the performance of the Agreement or any contract made thereunder, otherwise made against the Second Parties or their contractors of which they have been notified. 11. The GETD, the U.S. Secretary of Labor, the Comptroller General of the United States, or any of their representatives shall have access to work and training sites and to any books, documents, papers, and records (including computer records) of the Second Parties and their contractors which are directly pertinent to this Agreement, in order to conduct audits and examinations and to make excerpts, transcripts, and photocopies. This right also includes timely and reasonable access to the Second Parties's and their contractor's personnel for the purpose of interviews and discussions related to such documents. 12. No waiver or modification of the terms of this Agreement, including, without limitation, this provision, shall be valid unless in writing and duly executed by the parties to be bound thereby. 13. The GETD reserves the right to apply any lesser sanction not proscribed by law or seek any lawful remedy available to it as it may deem requisite to obtain proper performance under this Agreement, to carry out the requirements of the Act and federal and State regulations made pursuant thereto, and to maintain the integrity of programs funded through this Agreement. Unless an emergency exists, the GETD shall not act to impose a sanction except upon reasonable notice and after the Second Parties has opportunity for review in accordance with procedures mandated by the JTPA. A sanction imposed in an emergency shall be subject to subsequent review. 14. The Second Parties may retain the entire right, title, and interest to each subject invention subject to 35 U.S.C. 203 which was created or developed under this Agreement with funds from this Agreement. With respect to any subject invention in which the Second Parties retains title, the GETD shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the subject invention. Page 5 15. The GETD and the USDOL shall have unlimited rights to any data first produced or delivered under this agreement. ASSURANCES AND CERTIFICATIONS 1. Compliance with Applicable Laws, Regulations and Directives A. The Second Parties shall abide by and shall ensure that all activities conducted pursuant to this Agreement comply with all applicable federal, state and local laws, regulations, and directives. The Second Parties also understands and agrees to immediately desist from and correct any violations noted. B. The Second Parties must assure compliance, ~, with the provisions of Section 89 of the Internal Revenue Code. C. The Second Parties shall comply with Titles VI, VII and IX of the Civil Rights Act of 1964 (PL 88-352) and the regulations issued pursuant thereto. The Second Parties further certify that it has no commitments or obligations which are inconsistent with compliance with these and any other pertinent federal regulations and policies, and that any other agency, organization, or party which participates in the implementation of the programs funded pursuant to this Agreement shall have no such commitments or obligations. D. The Second Parties shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), all requirements imposed by the applicable USDOL regulations (29 CFR Part 32) and all guidelines and interpretations issued pursuant thereto. E In accordance with the Virginia Procurement Act, the Second Parties shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin unless it is a bona fide occupational qualification reasonably necessary to the normal operation of the Second Parties. The Second Parties agree to put in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. F. The Second Parties shall conform to the Virginia Freedom of Information Act, Chapter 21, Section 2.1-340 through Section 2.1-346.1 of the Code of Virginia, to the extent required by federal and state law, consistent with federal confidentiality requirements and Section 2.1-373.2 of the ~. Page 6 G. The Second Parties shall conform to the standards contained in the Occupational Safety and Health Standards for General Industry (29 CFR Part 1910) inclusive of the '~/irginia Preface to OSHA Standards Book for General Industry"; H. The Second Parties shall conform to the Virginia Child Labor Laws as contained in Chapter 5 (§ 40.1-78 et seq.) of the Code of Virqinia; I. The Second Parties shall conform to the Virginia Worker's Compensation Act as contained in Title 65.2 of the ~; J. The provisions of the following Acts, applicable regulations made pursuant to said Acts and other listed directives are hereby incorporated by reference. All changes in said Acts, regulations and directives are automatically incorporated into this Contract. i. Titles I, II and III of the JTPA; ii. JTPA Final Rule Regulations, 20 CFR Part.626, et al, including subsequent revisions or amendments; iii. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332); iv. Office of Management and Budget (OMB) Circulars A-87 and/or A-122; v. USDOL administrative regulations, at 41 CFR 29-70 (property management-private) and 29 CFR Parts 93 (lobbying restrictions), 96 (audits), 97 (property management), and 98 (debarment and suspension) and 29 CFR Part 98 (drug-free workplace); vi. GETD "Title III Eligibility Determination and Verification Guidebook," "Program and Discrimination Complaint Policy and Procedures" and "Management Requirements for JTPA Programs and Activities," and subsequent additions issued as a result of JTPA amendments and regulation revisions, including GETD Management Regulations. vii. Equal Employment Opportunity Directives; Page 7 viii. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired for project purposes of Federal or federally assisted programs, regardless of Federal participation in purchases; xi. Section 2.1-371, et seq., of the Code of Virginia, related to confidentiality of information; x. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex; xi. The Age Discrimination Act of 1975, as amended; xii. The Drug Abuse Office and Treatment Act of 1972 (PL 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; xiii. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. xiv. The Americans with Disabilities Act of 1990. Certifications A. The following certifications are incorporated by reference and are a part of this Agreement: i. Certification Regarding Lobbying (29 CFR Part 93); ii. Drug-free Workplace Requirements Certification (29 CFR Part 98); and, iii. Nondiscrimination and Equal Opportunity Assurance (29 CFR Part 34). B. The Contractor shall incorporate these certifications into any subcontract developed to implement the Title II or Title III. Page 8 In witness whereof, the parties have caused this Agreement to be executed by their duly authorized representatives: GOVERNOR'S EMPLOYMENT AND TRAINING DEPARTMENT By: Ann Y. McGee, Ed. D. Executive Director Date: FIFTH DISTRICT EMPLOYMENTANDTRAINING CONSORTIUM CITY OF ROANOKE By: Title: FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM PRIVATE INDUSTRY COUNCIL Date: By: Title: Date: Page 9 CITY OF ROANOKE OFFICE OF CITYATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE; 540-981-2431 TELECOPIER: 540-224-3071 WILBURN C. DIBLING, JR. CITY ATTORNEY September 16, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Sale of real property to collect delinquent taxes and assessments Dear Mayor Bowers and Council Members: There exists within the City certain real property on which real estate taxes, or weed/trash abatement assessments or demolition/board-up assessments ("taxes and other assessments") are delinquent, and despite vigorous collection efforts, the owners have refused to pay these debts. In addition to the collection issue, in many instances, these properties also cause concern to surrounding property owners because the property is not cared for and properly maintained thereby being a blight on the neighborhood. Prior to the 1996 Legislative Session, much of this property could eventually be deemed by statute to have been abandoned and could be escheated to the Commonwealth and sold pursuant to the escheat process set forth in S55-168, et seq, of the Code of Virginia (1950), as amended (the "State Code"). However, at the 1996 Legislative Session, the authority to escheat properties based upon nonpayment of taxes and other assessments was repealed. See §§55-170.1 and 171, State Code. Pursuant to the current escheat laws, property may only be escheated when the owner of the property dies without a will and without any known heirs or with a will without disposing of the property by will and without leaving any surviving heirs to inherit the property. Fortunately, the 1996 Legislative Session also beefed up the provisions of the State Code which allow localities to sell real estate when taxes or other assessments are delinquent. The property may be sold pursuant to ~58.1-3965, et seq, of the State Code, on December 31 following the third anniversary of the date on which the taxes or other assessments were due. In order to make such sales more attractive to potential purchasers, 1996 Session made clear that title to property sold pursuant to this procedure is conveyed free and clear from all liens by any person or entity involved in the suit. Other changes regarding these provisions of the State Code made by the 1996 Session include the following: The Honorable Mayor and Members of City Council September 16, 1996 Page 2 (1) If a structure has been condemned by a locality, it may be sold on the first anniversary date on which such taxes or other assessments first became due rather than the three years usually required. (2) It is now clear that in order for a delinquent taxpayer to redeem the property before the sale of the property, the taxpayer must pay all accumulated taxes, penalties, interest, and costs, including reasonable attorney's fees charged by an attorney representing the City. In the past, my Office has traditionally handled all delinquent tax sales. However, given the new requirement that, in order to redeem the property before the date of sale, a delinquent taxpayer must pay all reasonable attorney's fees, I believe that this would be an excellent area in which to hire local private attorneys. It has always been clear that, if the property was sold through the tax sale procedure, reasonable attorney's fees charged by an attorney representing the City would be paid out of the sale proceeds. With the recent change which clarifies that reasonable attorney's fees can be collected from the delinquent taxpayer if he desires to redeem the property prior to the sale, it will be the delinquent taxpayer and not the City that pays a private attorney's fees. It is my intention to send a letter to all attorneys in the City who do real estate and collection work to determine those who are interested in representing the City in the sale of real estate to collect delinquent taxes and other assessments. Private attorneys would be paid by the property owner when the delinquent taxes or other assessments are paid or out of the sale proceeds at the time of sale. It is possible that given the value of some of the property that the City's entire cost, including attorney's fees, and all of the delinquent taxes and other assessments may not be paid in full. However, as a result of the sale, the property would be sold free and clear of any liens for these items, thereby encouraging a responsible landowner to purchase this property. Such a sale allows the City to collect future real estate taxes on the property and avoid the necessity of incurring weed/trash abatement fees and demolition/board-up fees. A primary benefit of sale to the residents of the neighborhoods in which this property is located would be that an individual who is interested in acquiring and maintaining the property would have the opportunity to purchase it. Oftentimes, the property which is the subject of delinquent taxes and other assessments is owned by an individual or group of individuals who are unable, due to defects in title, or unwilling to convey the property to an interested purchaser. The Honorable Mayor and Members of City Council September 16, 1996 Page 3 At this time, my Office is working in conjunction with the Office of Billings and Collections, the Neighborhood Partnership Office, and the Building Department to identify property which can be sold pursuant to the delinquent tax sale provisions of the State Code. While this list is being developed, I intend to locate private attorneys interested in assisting the City with these sales. Once a list of property which can be sold pursuant to the tax sale provisions of the State Code has been finalized, a report will be made to Council seeking authorization to sell specific parcels. At this time, it appears that there are approximately seventy (70) parcels which might qualify for sale. Given this number, it is my hope that several attorneys or firms will express interest in representing the City in these tax sales. This report is being provided for your information only and no action is required. If you have any questions, I will be pleased to address them. With kindest personal regards, I am Since];ely y~.u/~, Wilburn C. ~ibling, Jr. City Attorney WCDj/GLY:snh W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director of Public Works Dana D. Long, Chief, OBC Mariam K. Alam, Neighborhood Partnership Coordinator Ronald H. Miller, Building Commissioner Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ~-60-144-467-488 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, September 16, 1996, Council Member Swain addressed the matter of litter around convenience stores and fast food restaurants which blows into adjoining neighborhoods, and inquired as to the feasibility of employing students from Roanoke City Public Schools to help with cleanup efforts. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Marsha W. EIlison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Hards, Superintendent, Roanoke City Public Schools Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. Parker, CMC/AAE City Clerk CITY OF RO,4NOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #17-132 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I am attaching copy of Resolution No. 33125-091696 providing that the regular meeting of City Council scheduled to be held at 12:30 p.m., 2:00 p.m., and 7:00 p.m., on Monday, October 21, 1996, shall be held at 12:30 p.m., 2:00 p.m., and 7:00 p.m., on Wednesday, October 23, 1996, due to Virginia Municipal League Host City Night being held on Monday, October 21, 1996, in connection with the Virginia Municipal League Conference in Roanoke. Resolution No. 33125- 091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. The Honorable Mayor and Members of the Roanoke City Council September 23, 1996 Page 2 pc~ W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Robert H. Bird, Municipal Auditor VVillard N. Claytor, Director of Real Estate Valuation William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Resources Kit B. Kiser, Director, Utilities and Operations George C. Snead, Jr., Director, Public Safety Rose M. Woodford, Executive Secretary, City Manager's Office Martha P. Franklin, Secretary, City Planning Commission Sheila N. Hartman, Legal Secretary, City Attorney's Office IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th day of September, 1996. No. 33125-091696. VIRGINIA, A RESOLUTION providing that the regular meeting of City Council scheduled to be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m., on Monday, October 21, 1996, shall be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m. on Wednesday, October 23, 1996. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to Virginia Municipal League Host City Night being held on Monday, October 21, 1996, in connection with the Virginia Municipal League Annual Conference in this City, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled to be held at 12:30 p.m., 2:00 p.m. and 7:00 p.m. on Monday, October 21, 1996, is hereby rescheduled to be held on Wednesday, October 23, 1996, at 12:30 p.m., 2:00 p.m., and 7:00 p.m., such meeting to be in the Council Chamber of the Municipal Building, 215 Church Avenue, S.W. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of the rescheduling of such meeting. ATTEST: City Clerk. CITY OF ROANOKE MEMORANDUM Date: To: From: September 6, 1996 Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk /~-l~ Inasmuch as VML Host City Night will be held on Monday, October 21, please prepare the proper measure for consideration by Council at its meeting on Monday, September 16 changing the Council meeting date from October 21 to October 23 at 12:30 p.m., 2:00 p.m., and 7:00 p.m., respectively. Your assistance will be appreciated. MFP:sm Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File #60-55-467 W. Robert Herbert City Manager Roanoke, Virginia Marsha W. Ellison, Chairperson Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Mr. Herbert and Ms. Ellison: At a regular meeting of the Council of the City of Roanoke held on Monday, September 16, 1996, the matter of a feasibility study to address the merger of school buses and public transit buses was referred to you for report to Council prior to 1997-98 budget study. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities and Operations Stephen A. Mancuso, General Manager, Valley Metro Diane S. Akers, Budget Administrator, Office of Management and Budget Rose M. Woodford, Executive Secretary, City Manager's Office 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 September 23, 1996 File #216-249 David C. Helscher, Attorney Jolly, Place, Fralin & Pdllaman P. O. Box 279 Salem, Virginia 24153-0279 Dear Mr. Helscher: Your communication on behalf of the Episcopal Diocese of Southwestern Virginia that an appeal of a decision of the Architectural Review Board with regard to structures located at 1010 and 1014 First Street, S. W., be continued until the regular meeting of City Council on Monday, November 18, 1996, was before the Council of the City of Roanoke at a regular meeting on Monday, September 16, 1996. On motion, duly seconded and adopted, Council concurred in the request and continued the matter until Monday, November 18, 1996, 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 pc: W. L. Whitwell, Chairperson, Architectural Review Board, 1255 Keffield Street, N. W., Roanoke, Virginia 24019 Paula L. Pdnce, President, Old Southwest, Inc., 550 Mountain Avenue, S. W., Roanoke, Virginia 24016 Ms. Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Evelyn S. Gunter, Secretary, Architectural Review Board Steven J. Talevi, Assistant City Attorney LAW OFFICES JOLLY, PLACE, FRALIN & PRILLAMAN, P. C. ROANOKE, VIRGINIA E4018-4S64 September 16, 1996 SALEM, VA. 24153-37~6 Io5 N, COLORADO STREET TO: The Honorable David A. Bowers, Mayor Members of Roanoke City Council Re: Appeal Petition of the Episcopal Diocese of Southwestern Virginia 1010 and 1014 First Street, SW, Roanoke Dear Mayor Bowers and Members of Council: I am writing to request that our appeal petition of the Architectural Review Board ruling on a request to demolish certain structures in Old Southwest be continued. As you will recall, this matter has been previously continued on several occasions because of various delays experienced in moving the subject houses off the Dioceses property to two new locations. Unfortunately, the relocation of these houses is not a matter that we have had any control over, so we are completely reliant upon the efforts of Parsell and Zeigler, the parties who have contracted to move the houses. As I explained during my last appearance before you, one of the houses has been moved and re-established on a new foundation at the new location. However, the larger of the two (1014 First Street) has not been moved. During a conversation with Parsell and Zeigler this past week, I was advised that there were a number of reasons why the house had not been moved, but they had resolved the problems and arrangements were being made with the house moving contractor to move the house, hopefully, in the next two weeks. Because of the history of delays that have been experienced, we are asking that this matter be carried over to the November Council meeting to afford additional time to Parsell and Zeigler to have the house moved. As I have previously explained, my client is reluctant to dismiss the petition for fear that if the house is not moved, they would be barred from bringing a new demolition request. These delays have also resulted in some scheduling changes for the Diocese and their plans to begin construction of an expansion of their existing facility. However, realizing that this is TO: The Honorable David A. Bowers, Mayor Members of Roanoke City Council September 16, 1996 Page 2 the best approach for everyone, we are hopeful that with patience, everything will work out and both houses will be moved. Thank you for your consideration of this matter. cmh cc: Very truly yours, JOLLY, PLACE, FP~ALIN & ~RILI~AMAN, P.C. David C. Helscher Wilburn C. Dibling, Jr. Alan N. Boyce Paula Prince, Chairperson, Sam Darby Old Southwest, Inc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ~66-87-277 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, September 16, 1996, Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., presented information with regard to a letter wdtten by Michelle Bono, Public Information Officer, and Angle McPeak, Cable Television Government Access Director, in clarification of alleged inaccurate information contained in an article written by Mary Hamlin, which appeared in the August 15, 1996 edition of the Roanoke Tribune regarding the All America City presentation. She advised that the letter was uncomplimentary to the owner, editor and publisher of the Roanoke Tribune and to the black community at-large. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 M. Michelle Bono, City of Roanoke Public Information Officer Angela J. McPeak, Cable Television Government Access Director, Suite 145, Jefferson Center, 541 Luck Avenue, S. W., Roanoke, Virginia 24016 City of Roarioke All-America City Award Competition Speech FINAL SCRIPT Of The People. 1'3. = "l'"t._ n-__!_ All. America City Presentation Roanoke, Virginia June 15, 1996 (Warner Dalhous¢, Vice President of TIle ]afferson Center Foundation:) l'd like to tell you about a city Where citizens not only beiiev~ they can make a difference, but do mal~e a difference. Roanoke, Virginia, is the hear~ of the largest metrgpolitan area in western Virginia. We're best known for our Blue Ridge Mountains, our historic farmer's market and our 100-foot neon star on a mountain top overlooking the city. But the beauty of our surroundings doesn't insulate us from the many difficult issues facing central cities today. It's through successful partnerships with dtizens, businesses, nonprofit organizations and City Hall that we have been able to create a community where dtizen involvement iS a way of life. It really is a community of the people, by the people and for the people. This morning we'll show you whaes possible when we listen -- rtal/y: listen -- to our dtizens. No pm]ecs greater illustrates our diversity than the transformation of the city's oldest high school into a unique mix of arts, social service and dvic organizations. -2- Jefferson High School sat vacant for so long that it was almost beyond repair. When the need for affordable office space for nonprofits dove-tailed with the alumni'$ desire to save our school, a vision called Jefferson Center was born. From the more than 14 thousand alumni and many others, over :2 million dollars was contributed to leverage :3 and a half million from a bond referendum approved by nearly 75 percent of the voters. The money, and hours of volunteer efforts, brought about an extensive three-year renovation of the historically significant .building, where today children from Head Start Day Care frolic next to the symphony~ ballet and opera. Jefferson Center is now at full capacity with more than 20 organizations leasing first-class office space at half the market rate. In just one year, more than 50 thousand people have come through ' its doors, and the building has become a self-supporting beehive iaf activity. In addition to stabilizing.the surrounding neighborhood, the Center serves as a model for similar projects in ~ther communities across the nation. .3- (C.3,nthia Bryant, Member o. f The Gainsboro Coalition, and Hotel Roanoke & Conference Center emplo, yee: ) That same sense of citizen involvement and renewal is what saved our beloved downtown hotel and preserved the city's oldest black neighborhood. The landmark Hotel Roanoke closed in 1989. It escaped the wrecking ball when it was given to Virginia Tech. The gift allowed Tech, an hour to our west, to foster stronger ties to the Roanoke Valley and partner with the city for a world-class conference center. But the price tag stood at more than 57 million dollars. With all funding sources exhausted and 6 million dollars to go, our citizens came forth with the Renew Roanoke campaign. Over 28 hundred contributions, from school children to businesses, to civic clubs, brought in 6 million in just .. six weeks at Christmas timel Just as critical, was overcoming fears in the surrounding neighborhood, suspicious. 9£ yet another"urban renewal" effort. I serve on the Gainsboro Coalition, a partn'ership between the community and the city that worked together to make sure the project would improve the neighborhood, not destroy it. -4- (David Bo~vers, Mayor, Ci~ of Roanoke:) And fin'ally, we'll share a unique approach of where to put trash. Roanoke's landfill closed and a central c011ection point, or transfer station, was needed so that trash could be hauled more economically to a new landfill 33 miles away. A citizen task force was named to design criteria for siting and operating a trash transfer station as though it would be built in thetr backyard. Once sites were announced, the initial outcry ~vas "not in my backyard,' but when citizens became involved, concerns disappeared. By involving our people from the start, today we have a beautiful 42 million dollar state-of, the-a_~t solid waste sys_tem. ~--~t'eigh~}-~r-ho~o~i-&n~oup-~ But we'd like you to see for yourself what Roanokers can accomplish when we work together and why the people of Roanoke have asked me, their mayor, to tell you why the. Star City is shining brighter than ever. (Roll Video) AlI-AmeHca City Video Presentation City of Roanoke June15,1996 Child singing - "This little light of mine, I'm gonna let it shine, This little light of mine, I'm gonna let it shine, This little light of mine, I'm gonna let it shine. Let it shine, let it shine, let it shine. ~ Warner Dalhouse, Vice President, The Jefferson Center Foundation: "Those of us who went to Jefferson first became interested in it for no more substantive reason than we graduated from there and we would like to see the building not torn down. We had to persuade the Council, persuade the city's administration that this building, when it was tumbling down, could be what we envisioned it to be." Judge Beverly Fitzpatrick, President, The Jefferson Center: "Of course, I'm in love with Jefferson High School. I played football there and I participated in activities - I've always loved 'it. You will find all over the Untied States, I am sure you will find a lot of high schools that they have renovated whether it is in Charlottesville, Sarasota and all around - they have renovated and made art canters, science centers and such; but, I don't think you will find another one like this one in Roanoke that has the diversity. They have a police academy, television studio, Habitat for Humanity, mental health, fire chief, symphony, opera, ballet, V.P.I. Extension Services, Ja. ycaes - all those. I don't think you will have another one in the United States under one roof that is that diverse. It is alive - if you have been by there - it is alive every day. People are running in and out of that place all the time." Adult Female Singing - "This little town of mine,. !'m gonna let it shine, This little town of mine, I'm gonna let it shine, This little town of mine, I'm gonna let it shine. Let it shine, let it shine, let it shine. ~ Rick Hendrick, Vice President, Ho#ins Road North Civic League: "Several of the neighbors called me and said, 'Rick, something's going on. Roanoke City wants to put a trash dump in our neighborhood.' Roanoke City agreed to meet with us and then from that. we found out that we did not have to fight Roanoke City ebout this; that we had to join with them and chose the proper site." -2- John Marlles, City Planning Chiefi "It has been a partnership at almost every level - from the siting of the facility all the way up to the way the trash that is transported from the transfer station out to the landfill. The Planning Commission realized very quickly that they needed to get citizen input from the very beginning of this process." Roy Stroop, Citizen Member, Solid Waste Advisory Committee: "The thing I liked about itwas we, as citizens, had as much input as anyone else when it came to talk about the criteria. We feel like we got a better deal with the railroad than we would have gotten with trucks." Cheryl Manning, Norfolk Southern Corporation: "Our entire design of waste by reil directly into the landfill and that landfill not being served at all by truck is the only one of its kind in the United States and that is really what makes it very. very special." Adult Male Singing - "This little dream of mine, I'm gonna let it shine, This little dream of mine, I'm gonna let it shine, This little dream of mine, I'm gonna let it shine. Let it shine, let it shine, let it shine.' Rev Noel Taylor, Co-Chair, Renew Roanoke Fundraising Campaign: '~Nhen the cry was made that we were still 6 million dollars short, there were those who had the courage to say 'this is not a major obstacle - it can be done'." Alvin Nash Minority/Local Contract Coordinator: 'q'he stakes were high enough, I believe, based on the Gainsboro Coalition, based on the community concepts, based on a lot of pressure and a lot of commitment. City Council had to commit, the Virginia Tech Board of Visitors had to commit and they did commit. We ended up with at least 60 to 65% local participation, local · contractors, suppliers, developers.. We had at least 13% minority influence and participation in this project." Rev Kenneth Wright, Gainsboro Coalition Co-chair: "There was a real coming together of concerned persons all over the city. Those persons spoke out very boldly about their feelings." -3- Cynthia Bryant, Hotel Employee MembG¥ of Gainsboro Coalition: "l'his history of the neighborhood is that Gainsboro for many, many years was what you would call the "entitlement" area. Some of those projects were successful, some of those were not so successful. But it was a project that had been determined to be done right - to be done in an outstanding manner, that was impeccable, that in no way can anyone say that it wasn't done correctly, with everybody involved - not to hurt anybody. That's how you win -- that's a win-win." Choir singing - "This little light of mine, I°m gonna let it shine, This little dream of mine, I'm gonna let it shine, This little town of mine, I'm gonna let it shine. Roanoke shines, shines, shines, Roanoke shines." l~ar Editor, -., . .'. ',., .:.. · . · ' --*...i~. ~.,..,o, .face.with my imperfections as a immegiat~lyaflerIrec~ivedthevideo RI ~igvat~ful to'MS. Micheil;~ono, . ~r on m~.r~ than one o~c~ as!on.., · concerning Roanoke's All-Amcrica~ °anoke'sPubHcInto~'~ ~ ;.'~' """ ' ' City status, but she h~l left her of- an= Ms.:An la' · .,~.~ ~ , . .~. . l~ . . or rice for.~he day=nd my press _ ,. g, :.M?eak,. director of. August..l$ m the .Tribune .h~aded-. . z.n~ ~mments express their care of~'~t~y;, I beiiei,~ ,~,, ~'~' ,~ qUtred, f~m .Ms' McPeak i~v61~,ed o~.~.:,,._~. :,.:: ,..,, .,....,:.~.segment of ~ correct-~albea PaLn[ed With an. the ques~6n Of'how ~e isubH¢~ Could · e '~' onmerron~pagewimOutt~nefitofa I could h~Y "~O'nceap info/-~a- szon. Such letters to' the edit°r let us by;line; I am only able to defer to my fion regarding the video. Instead, I've. know that you, the pul~lic, ~m~ read- publisher and editor, Claudia ing our paper with interest.'. witwo .. · . · ~ ~go n~m what- ~,.¢~ mag~h~' ~d ~ong ~o way ever Way she ch~s. I have ~n fom~ ~ ~omo. h~-~. I'aEemp~ ~ c~l ~, McP~ asked the ppblic to judge for thim- selves whether, or not the 28-minute ~inilnt ,~. rep~senthti¥o or-Roan oI~, as a. whol~ or wh,'¢ther.~t, att~m~ .to .distort fae}s' to .crea toa.:mor~ ifl~-~sn; and'agreeable pres~fi~ation. MAP, Y' cAMPAGNA.HAMLIN ~,~,'L.~ I ' ' ' ~ommen~flonstoyoufor~uM~h- usc~ your forum, to 'dlrc~t' you lng ~ ~cles a~ut ~ r~fly ,. wh~'y°u ~o~d p~t ~ ~cl~ in n~ ~l-~ Ci~-Ro~o~;, ~°~Pa~.h.~City Wing w ~ Vkgi~ ~ ~n's ~clo of ,c~l of yo~ pa~d ~vc city of- Aught 15. w~ e~t h ~s et. ftc}als ·ever writ[on tho Roanoke ho~ ~ ~ .~i~.~ ~ ~'~iii~'it ~fa~omblo ~mmcn~,a~ut one of a v~ s~ng.voi~.for a h~cwfore ~of~re~by~.~n unseen and unheard s~gmcnt of ~his city..I and others hope you contique publishing her articles. Ms. Hamlin's an/cie was mom ef- fectivc than anyone would have imagined. It brought to light what I believc to be the very crux of most problems in Roanoku City-an admin- is~ratlon characterized by arrogance and hubris with litflu or no regard for average citizens of any race... Tho published letter of August 22 from .M. Michello Bono..Public In- formation Officer and Anti McPeak. RVTV Director is certainly not rep- r~antative of an All-America City staff'. It is extremely upsetting to know that W. Robe~ Herbert. City Manager approved tho.release of that letter. I believe it to be quite apparent that city officials used your fairness ~ vent a tirade agalast Ms. Hamlin for her fac- tual reporting. ~. Herber~ was very unprofessional in allowing his em- ployees ~o do so. In addition, they to the,Editor were correet A few speeiflo com- ments about tho public information :off'[ccz's 'critique' follows. For many years Historic Galasboro has respect- fully requested that Ms. Bono and other City officials identify tho "lead- ers from tho community who served on thC.i3ainsboroCoalition' when tha.t phrase is used. Yet sbu and oth- or~. steadfastly refas~ to do sol Arc . city officials still trying to mislead your readers just as they'might have misled tho paneJ who selected ~Ali- America City? · Ms. Hamlin.repor{ed that vide0 hapea of the mpor~ are avalhblc; ex- plained the procedure and gave the very same telephone number Ms. Bono listed. Where is the inaccuracy in Ms,~Hamliu's article? · .Ms. Bono has iedced ~...sct the reco~d straight.' She, with tho ap- proval of City Manager Herbert, has made it very. very clear that top ud- mlnistratlvu officials do not respect · S EI',i'F_.MBER .~,1996 black citizens (who 'help to pay Bone's and Her~rt's sd~) ~d · cy ~ink blacks ~vo no debt to o~ a b~in~ ~ ~ way ~cy ~ ftc America City ~d ~as; gi~ ~ Ro~o~,~, ~' li~ ~ ~e ~ ~w~ not ~ns to vlcw ~c vi~ ~d ~o~ ~owledgc a~ut city h~t~ wi~ ~ distorted with regard to our Gains~ro community. At a r~ent Ci~ Co~cil m~g wh~ ~. ~ one and o~ we~ aw~ ~kens of appr~ia~on not on~y not on~ b~ ~on w~ giv~ ~ aw~. ~o bhck person w~ even man~oned~ ~at display in City Council chain- ~s should ~ ~1 o~ us a~ut ~ dlvar~ '~-~c~ City.' ~ my opinion Mayor DaSd Bow- e~; City M~agerW. Ro~ M. ~chcllc Bono. ~b~c ~[o~a- ~on O~c~ ~d An~ McP~, ~r~- tot RVTV ow~ all readers o~ ~e Ro~oke T~bune ~ in~vid~ ~d co,Ice,ye apology for having I~ ~ lct~r pub~sh~ on August ~2. Since~ly Ro~okc, V~ia , S ESI ER-S' De= Editor: . . . i~o-~n~ Of tho thigh sution~The song, R~hok~CityMa~g='svid~ut us=cl, throughout tho years by ~ All;~ea City pr~nUfion:. ~hu~h~' ~ ~pl~ =~ iaspir~d'to Pay~clo~at~nfion~su~m~= t.. live~notj~t~a~u~C~fi~ made by m~k p~cip~h.: chok ~d solo~U. ~m~o wMt's on tlcl6"0f Au~st 15, 1996 ad Bono ~ok~ Ci~ ~bllc I~o~a- tion Officer and Ms. McPeak's ~ Dk~w0'let~r of Aunt22, 199~ch published in ~is pa~r. Come to ~o~ own ~nclusion. ~o lCa~ from ~. Bono and ~' McPeak was shocking and sad, I ~ of August 2~ why wer~'t ~.~ aPfiva~ ~vid~l~h~ (l)'giv~ cr~it on ~ vid~ i~lf (at ' ~ right ~ ~r opinlon. As ~pre~- l~t I ~'t ~ ~k n~os Est~ mfives of'~ Ml-~¢fi~ Cit~ ~y . do not ~vo.~o right to lower. ~ d~S or at ~ ¢M of ~o ~); (2) ~k prof~tong ~d o~ Ci}y s s~- ~ds re'attack ~. ~mv o~inlon. ~ vid~ show~ munlty was abu~ ~d mtsu~_. causo ~o'wholo ~ w~ not ~ ~o$~ m~ic~s only in tho back- clo~. But ~v~ if ~ s~¢n~ ~ ~d.~nt a v~ subflo ~d i~- ,.v.. ~t fa~ V~uo it W~ no~C~ ~at ~uvo'm~go. no s---~ifio, imprOv¢men~ wero ', giwn for Ro~okds ol~=~t and ~ ' ~fio ~igh~rh~ Whd~ a coocr~ a~ompli$~9~Y~ 1}$~ for ~. · lifo. I think to have changed the words to fit the realization of white materi- alistic d~ams.~as indead a travesty. Melodious bla~k voices wgre in the ' baCkground while the realizations of · whit~ accomplishments were being shown. That.was a mockery of the - ' !~o~t d~grea..Thos~ talented singers can Stand,On their own merits and ·should. ha~e been soon, and heard in a positive manner. If they were so I cmainly hol~ City Manager Bob Herbert will be more aware of what communication goes out in the name ' of R~anol~ City and that h~ wiB lis- ten clo, s~ly tO' comments from th~ 'Community Rclalions Task Yorea he appointed W seek informatiqn about race relations as it pertains ~ city government and policy From all of. lh~;taac.abo~t dl~;ersity. given at the All,Amerlca Ci~pre~n-' tation and at some city couh'eil meet- ings it looks lilc~ Roanoke love~ ~o teac diversity but does not walk or act diversity, Therefore, I bolleve City Manager Herbert; lviayor Bowexs; Public InformafionOfficer Bono and RVTV Director McPeak should each be required to attend a sensitivity , course. Perhaps if they really pay at- i tention and learn something they will recognized at the Roanoke'City becomeawaroofmomthantheirown Council moating when ..other All-; point~ of view~ Roanoko has a lot of AmericaCity'wurker$'ware honored 't work to do to be worthy of the All- (each Jo honored was white); (3) I America City award it recently giv?n credit by namn in thc letter of ' ccived. Aagust 22nd? I believe to have used: Sincerely yours, HELF_2q E. DAVIS, Roanoke, Vi~inia. Roanoke Times & World-News, Monday, May ~22~ 1995 Neighborhoods mourned ~ Roanoke was featured in theprestiaious Jeffer.~nn ure sponsored by the National EndoWment tn, ~'1;~ umanltleslastMondav~,~..,,,..~--~r' ~':-. . ' bgosterlsm that the Chamber of Commerce might have com- missioned. ~-~ ~incent ~Sully, ~he nation's pre-emine~t architectural c~o?, u~ HoanoKe as an example of ho~ arch t~--' ~ClU~[p~ nimself--.stood mute as brban re~ mro~n American cities in the 1950s and 'Rn;- ............. .. _1[ s.F~ing h~w much anthropol~gy~ been done In IRe ~outn ~eas, anQ ' · , inner cl,, commu-,.,~[~l~n t k~%~h~t happens when Ina sol,-out crow~ of 3,000 at the Kennedy Center ~ Washington, D.C., gasped in un son when he showed slides of aerla[photographs 6f Gainsboro and No~h6ast Roanoke ~ before and after urban renewal. Scully noted how the First Union Tower toda Io , . , . y oks down on the desolation of the ~o communities. He credited. Roapgke Ti~es & World-News repoAer. ~a~ Bishop for shining a light o~ the long-ignored subject with her Jan. 29, 12-page repo~, Street by Street, Bloc~ by Block: HoW Urban ~enewal Uprooted Bl~ck Roanoke." Scully t~e Ste~l~ng professor'of a~ h~sto~ emer tus at Yale Un/vainly, said ~rchJtects hav~ since realized the Impor: tance of deslgnin~ buildings and c~ties In ways that foster a ' sense of commun~: . . . As an e~ample of what people desire ~ housing, Scully . showed a slide ora 1961 snapshot ofa Galnsboro home ringe~ w~th ~l~[s. The owners, Zenpbla and Willis Fereu. s~n{ ~ao ~Jolnt ~lower bed a~lon~ their DroDe~ line with neighbor, Frances Parker. - _ _ ~ _ ........ Th~ ~erg~son house~ along with Chestnut Avenue -- was lost to urban renewal. 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 September 23, 1996 SANDRA H. EAKIN Deputy City Cl~rk File #207-236-450 W. Bolling Izard, Chairperson Industrial Development Authority 2535 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mr. Izard: I am enclosing copy of Ordinance No. 33127-091696 providing that the City of Roanoke will donate an amount up to $260,000.00 to the Industrial Development Authority of the City of Roanoke, Virginia, for purpose of promoting economic development in the City and the Roanoke Valley in order to fund a grant that the Authority intends to make to Roanoke Electdc Steel Corporation; and authorizing the proper City officials to execute an agreement between the City of Roanoke, the Industrial Development Authority, and Roanoke Electdc Steel Corporation providing for development and construction of a public road by the City and a pdvate road and private driveway by Roanoke Electric Steel Corporation, upon certain terms and conditions. Ordinance No. 33127- 091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: Donald G. Smith, President, Roanoke Electric Steel Corporation, P. O. Box 13148, Roanoke, Virginia 24038 Harwell M. Darby, Jr., Attorney, Glenn, Flippin, Feldmann, and Darby, 200 First Campbell Avenue, S. W., Roanoke, Virginia 24011 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Gdsso, Director of Finance Phillip F. Sparks, Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 1996. No. 33127-091696. AN ORDINANCE providing that the City of Roanoke will donate an amount up to $260,000.00 to the Industrial Development Authority of the City of Roanoke, Virginia (Authority), for purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grant that the Authority intends to make to Roanoke Electric Steel Corporation (RESC) and authorizing the proper City officials to execute an agreement between the City of Roanoke, the Authority, and RESC that provides for the development and construction of a public road by the Cit.,,' and a private road and private driveway by RESC upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke will donate an amount up to $260,000.00 to the Industrial Development Authority of City of Roanoke, Virginia, for purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grant that the Authority intends to make to RESC, upon certain terms and conditions, as more particularly set forth in the report to this Council dated September 16, 1996. 2. The City Manager or the Assistant City Manager and the City Clerk are hereb; authorized on behalf of the City to execute and attest, respectively, a contract between the City the Authority, and RESC, upon certain terms and condmons as set forth in the report mentioned said contract to be in a form approved by the Cit? ~ttorney, that will provide for the developmem and construction of a public road by the City and a private road and driveway by RESC. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 23, 1996 File ft60-207-236-450 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33126-091696 amending and reordaining certain sections of the 1996-97 Capital Projects Fund Appropriations, providing for transfer of funds in connection with development and construction of a public road by the City and a private road and private driveway by Roanoke Electric Steel Corporation, upon certain terms and conditions, as more particularly set forth in a report of the City Manager under date of September 16, 1996. Ordinance No. 33126-091696 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 16, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Phillip F. Sparks, Chief, Economic Development Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of September, 1996. No. 33126-091696. AN ORDINANCE to amend and reordain certain sections of the 1996-97 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government RES Industrial Access Grant (1) .................... RES Industrial Access Project (2-3) ................ RES Industrial Access Reserve (4) .................. Revenue Due from State (5) .................................. State. Industrial Access Grant Revenue (6) ........... Fund Balance - Unappropriated (7) ................... 1) Appropriated from General Revenue (008-002-9658-9003) 2) Appropriated from State Grant Funds (008-002-9659-9007) Appropriated from General Revenue (008-002-9659-9003) Appropriated from 3) 4) 5) 6) 7) General Revenue Due from State State Grant Revenue Fund Balance Unappropriated (008-002-9660-9003) (008-1314) (008-008-1234-1158) (008-3325) $ 260,000 323 850 164 956 323 850 323 850 323 850 (748,806) $ 9,295,177 260,000 488,806 323,850 $ 323,850 323,850 1,798,527 BE IT FURTHER ORDAINE~ that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. September 16, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Industrial Access Road Dear Mayor Bowers and Members of City Council: I. Background Two hundred (200) residential units representing five hundred (500) residents reside on Westside Boulevard between Shenandoah Avenue and the entrance to Roanoke Electric Steel (RES). B. 325 truck trips per day occur on Westside Boulevard. Fourteen million ($14.000.000~ expansion of RES will increase truck trips to more than 365 per day on Westside Boulevard. Residents along Westside Boulevard strongly support the removal of truck traffic from the center of their neighborhood (See Attachment A). Roanoke Electric Steel (RES) requested that they be allowed their new commercial entrance onto Peters Creek Road for the purpose of improving ingress and egress and to remove truck traffic from Westside Boulevard. A new commercial cntre, nce would greatly reduce problems related to safety issues involving an industrial road dissecting a residential neighborhood, as well as eliminate access problems caused by flooding of the current road. Commonwealth of Virginia Transportation has given approval for $323,850 in State Industrial Access Funds for the public portion of the proposed new access road. Detailed breakdown follows: $323,850.00 23,850.00 1,106.00 $348,806.00 $ 70,000.00 $418,806,00 $ 70,000.00 $488,806.00 State Industrial Access Funds City Matching Funds City cost is 2% Total Cost-excluding Right-of-Way Acquisition of Right-of-Way Subtotal Project Contingency TOTAL PROJECT COST Mayor and Members of City Council September 16, 1996 Page 2 The $323,850 in Industrial Access Funds would become 100% City expense if RES is not able to eliminate its truck trips from Westside Boulevard in three years from start of construction on the access road. II. Current Situation Roanoke Electric Steel is implementing a $14 million expansion plan which will result in new tax revenue of $289,800 in the first year. Roanoke Electric Steel has agreed to build that portion of the road from within their facility and across the property to be acquired from Norfolk Southern and construct an industrial access road to connect with the public industrial access road. Portion of proposed road traversing the newly acquired property would be paid by a grant from the City to the Industrial Development Authority of Roanoke City (IDA) up to $260,000 Maintenance of that portion of the road will be the responsibility of RES Roanoke Electric Steel has contacted or made an effort to contact all residents on Frances Drive that are contiguous to the property to be acquired by RES for construction of the road. Industrial Development Authority (IDA) has authority to make grants to businesses for economic development purposes, due to a recent statute amendment by the General Assembly. The IDA concurs in the proposed agreement. III. Issues A. Timing B. Safety C. Neighborhood Enhancement D. Economic Development E. Funding Mayor and Members of City Council September 16, 1996 Page 3 IV. Alternatives Al. City Council authorize the donation of up to $260_000 for economic development tO the Industrial Development Authority of the City of Roanoke (IDA) to fund a grant from the IDA to RES and authorize the City Manager to enter into an agreement with RES. the City and IDA allowing the IDA to make an Economic Development Grant to RES providing for the construction of the portion of the new access road between their current property line and the public road. The grant would be contingent upon RES investing $14 million in new plant expansion and constructing and maintaining the portion of road outlined above. RES will also make its best effort to maintain the current 500 employees and retain 50 or more jobs (relating directly to the expansion) with an average salary of $27,000. Furthermore, the agreement would provide that the City would construct a public road from the Peters Creek Road Extension to the private road to be constructed by RES, the cost of such public road is estimated to cost $418,806 and local cost is estimated to be $94,956 plus contingency. City Council authorize the Director of Finance to transfer $260.000 from an undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. A3. City Council authorize the Director of Finance to transfer $488.806 from an undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. Breakdown is as follows: $323,850 $ 23,850 $ 1,106 $ 70,000 $ 70,000 Reserve for Commonwealth of Virginia Industrial Access Funds obligation if RES fails to remove 100% of truck traffic off of Westside Boulevard within 36 months City Matching Funds Urban Construction Allocation Cost of 2% based on $55,300 allocation Projected cost of right-of-way Contingency A4. Appropriate $323.850 from undesignated capital funds to a reserve account for Commonwealth of Virginia Industrial Access Funds obligation if RES fails to Remove 100% of truck traffic offofWestside Boulevard within 36 months. Timing is critical in that RES desires to implement their plant expansion as quickly as possible to ensure their market competitiveness. Safety issues related to residential pedestrian and vehicular traffic on Westside Boulevard would be addressed before the plant expansion is implemented. Mayor and Members of City Council September 16, 1996 Page 4 Neighborhood enhancement will occur due to the elimination of increased industrial truck traffic and the negative situations that accompany it. Additionally, public safety will be enhanced by removing 365 tractor trailer trips from a residential street to a formal industrial access road. Economic development program will be enhanced by the retention of fifty jobs with an average salary of $27,000, a $14 million investment by RES and will result in new tax revenue of $289,800 in the first year. 5. Funding will be from undesignated Capital Fund Interest Account. B1. B2. B3. City Council not authorize the City Manager to enter into an agreement with the Industrial Development Authority allowing the IDA to make an Economic Development Grant to RES providing for the construction of the portion of the new access road between their property line and the public road. City Council not authorize the Director of Finance to transfer $260.000 from an undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. City Council not authorize the Director of Finance to transfer $488.806 from an undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. Timing for RES will not be met, therefore, jeopardizing their plant expansion, as well as their current market competitiveness. Safety issues related to residential pedestrian and vehicular traffic on Westside Boulevard will not be addressed before the plant expansion is implemented, therefore jeopardizing the safety of the residents nearby. Neighborhood enhancement will not occur 'due to the failure to eliminate increased industrial truck traffic and the negative situations that accompany it. Economic development program may not be enhanced by the retention of fifty jobs with an average salary of $27,000, a $14 million investment by RES and the creation of new revenue to the City. 5. Funding would not be an issue. Mayor and Members of City Council September 16, 1996 Page 5 V. Recommendations Al. City Council authorize the donation of up to $260.000 for economic development to the Industrial Development Authority of the City of Roanoke (IDA) to fund a grant from the IDA to RES and authorize the City Manager to enter into an agreement, in a form approved by the City Attorney. with RES. the City and IDA allowing the IDA to make an Economic Development Grant to RES providing for the construction of the portion of the new access road between their current property line and the public road. The grant would be contingent upon RES investing $14 million in new plant expansion and constructing and maintaining the portion of road outlined above. Furthermore, the agreement would provide that the City would construct a public road from the Peters Creek Road Extension to the private road to be constructed by RES, the cost of such public road not to exceed $600,000. City Council a[~thorize the Director of Finance to transfer $260.000 from Economic Development Grant or from an Undesignated Capital Fund Interest account to a new account to be established by the Director of Finance for the purpose of donating up to that amount to the IDA. A3. City Council authorize the Director of Finance to transfer $488.806 from an undesignated Capital Fund Interest account to a new account to be established by the Director of Finance. WRH/kdc CC~ Respectfully submitted, W. Robert Herbert City Manager Director of Finance City Attorney Assistant City Manager Chief of Economic Development Manager, Management and Budget Don Smith, President, Roanoke Electric Steel Harwell M. Darby, Jr., Industrial Development Authority DRAFT AGREEMENT This Agreem~ is dated this day of ,1996, by and between the City of Roanoke, Virginia, a municipal corporation orsanized and existing under the laws of the Commonwealth of Virginia ("City"), the Industrial Development Authority of the City of Roanoke, Virginia, an industrial development authority organized and existing under the laws of the Commonwealth of V'wginia ("Authority"), and Roanoke Electric Steel Corporation ("RESC"), a Virginia Corporation with its principal office at 102 Westside Boulevard, Roanoke, Virginia, and a manufacturing Plant at 102 Westside Boulevard, Roanoke, Virginia ("Plant"). WHEREAS, the City has determined that it will make a gift or donation of money to the Authority for the purposes of promoting economic development within the City and the Roanoke Valley; and WHEREAS, the Authority, based upon the application and undertakings of RESC, has determined to make a grant to RESC to promote economic development in the City and the Roanoke Valley; and WHEREAS, RESC has made certain ~presentafions m to its commitment to economic development which will be made in consideration of the commitment of the Authority to make the grant to RESC; and WHEREAS, the amount of the grant to RESC will he in an amount up to $260,000.00. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto muwnlly agree u follows: 1. The City will donate an ~mount up to $260,000.00 to the Authority for the purposes of promoting economic development in the City and the Roanoke Valley in order to fund the grant that the Authority intends to make to RESC. The Authority will make a grant of up to $260,000.00 available to RESC az and for the Authority's economic development grant to RESC, upon RESC's compliance with the terms and provi~ons of this agreement. However, notwithstanding anything in this Agreement to the contrary, the Authority's oblig~ions hereunder to pay or provide funds are not general ~ ofth~ Authority, but are ~ obligations of the Authority limited to those funds which m provid~l hereunder by the City. RESC ~ and agre~ to make a $14,000,000.00 inve~ment in the expansion of its Plant by pulling imo opemion by October 15, 1996, a new electric furnace and ladle furnace or other equipment with a value of at least $14,000,000.00. RESC prom/ses and ~grees that it will n~ke its best efforts to malntzin its current 500 person work force in Roanoke ~d to ret~n at le~ 50 ot more jobs r~/ng directly to the expansion and that have a pay range of at lea~t $27,000.00 or more per year. 10. RESC promises and ~ it will consuuct a private ~ from its current Plant property line to the public road that is to be constructed off of the Peters Creek Road Extension, the understanding being that the new public road will be brought from the Peters Creek Road F. xtensi~ to the boum~ of the current Norfolk Southern Corporation (N&S) property line as shown on the attached map, marked as Exhibit A, which is made a part hereof. RESC and the City will cooperate with each other in the City's undertakings to design end construct the public road to he brought from the Peters Creek Road Extension to the boundary of the current N&S property as shown on Exhibit A. The goal of RESC and the Cb is to try to have RESC complete the private mad and the City complete the public road, shown on Exhibit A, at approximately the same time and to have both roads completed approximately when the Peters Creek Road Extension Project is completed, subject to the other terms of this A~reement. RESC promises and a~'ees that the complete and entire cost of the private road from its current property li~ to the public road to be constructed as set forth above will be at no cost to the City. However, RESC may use the economic development ~rant that it may receive from the Authority for cog ~d expemu~ including those expeoses set forth in paragraph 11 of this Agreemmt, oftl~ private road up to the amount of the grant. Should the cog of the private road exceed the amount of the grant, all additional costs and expenses will be home solely by RESC and RESC will complete the private road. RESC further promises and ~rees that it will provide a private driveway from the location where the private road mentioned above will connect to its property line to the RESC Plant so that the result of the public and private road projects will provide a usable road for truck traffic or other traffic to use from the Peters Creek Road Extension to the RESC Plant loading docks and facih'tiex. RESC promises and agrees that it is legally bound to the Authority to make the investment of $14,000,000.00 on or before October 15, 1996, and to build the private road from its current propmy line to the point where the public road is to be constructed which will he at the hounda~ of the current N&S property as shown on Exhibit A and that it will also build and ~ such other ~ as to make the private road usable for truck traffic to the RESC Pinnt loading docks and other facilities within approximately 12 months after City Coumi[ nnelu~ an award to a contractor to construct the public road, provided however that the ~ by ~ Caum:ii may be conditioned on RESC first signing a construction contract to huild end wnur/tfin~ to buikl the private road shown on Exhibit A before the City executes any contra~ to construct the public road. ff the investment is not made or the private road is not built within the said time per, od, and maintained by RESC, RESC will, on written denmnd by the Authority, return to the Authority any and all funds that RESC received from the economic development grant in the amount up to $260,000.00, with interest at the rate of 8% per year from the date such funds were received by RESC. 11. 12. 13. 14. 15. 16. RESC promises and a~rees it will permanently and at all times maintain in good condition and order the priwt~ road shown on Exhibit A. RESC promise~ and agrees that it will pay all fees, cost~ and expenses of the Authority in connection with this mat~er, including the reasonable fees of the Authority's counsel, not to exceed the totnl amount of $5,000.00. Any reasonable fees, costs, and expenses of the Authority in excos~ of $5,000.00 will be paid by the City. RESC promises and agrees that it will seek to minimize its costs and expenses in connection with building the private road, but such effort will not require it to compromise in any way the quality, integrity, or safety of the private road. The Authority will make the economic development [Vant of up to $260,000.00 available to RESC on a periodic basis based upon a written request submitted by RESC to the Authority no more frequently that once every 30 days. The request from RESC to the Authority for the grant funds shall be in a form approved by the Authofity's counsel and shall contain sufficient information to allow the Authority to e~tablish that RESC has expended or incurred in connection with the private road the amount of funds that it seeks. Eligible costs for development of the private road may include land ~:quisition, desiga costs, construction costs, ~nd other costs including fmanciai costs, legal cost~, management costs, and related consultant fee~. The Authority way di~u~pprove any requ~t that doe~ not comply with the requirements ofthis A~'eement or require that a revi~d request he submitted. The Anthodty will make ~y approved p~yments to RESC within fourteen (14) working days from approval of the request. The City intends to build or have built the public road referred to above and set forth in Exhibit A within approximately 12 months a.~er the date RESC signs a construction contract and commits to building the private road set forth in Exhibit A. However, the City reserves the right not to build or have built the public road if for any reason the cost or expense to obtain the prope~/f~' the public road, develop, and construct the public road would exceed the total amount of $600,000.00, which includes, but is not he limited to environmental concerns or costs. Furthermore, if the public road is not built within the approximately 12 month p~iod set fo~h ~bove, the City shall have no liability of any type to anyone for any such failure to here built or complete the public road within the said time period. However, if the ~ toed i~ not built within the said time period, the only obligation of the City will he to ~ pursue comUucfiou of the pub~ road subject to the above limitations and the City will have no other liability or obligations of any type to anyone. Should RESC he required to pay back any of the funds to the Authority for failure to comply with the requirements of this Alp'cement, the Authority a~rees to remm such funds to the City. Should RESC not require the entire $260,000.00, RESC will not request the balance of such funds not used or expended by RESC from the Authority and the Authority will not request such funds from the City. 17. 18. 19. 20. The Authority will request disbursement of the donation fi.om the City no more frequently than once eve~ 30 day~ on a form to be provided to the Authority by the City. The request will be made through the City's Economic Development Office. The private roan shown on Exhibit A together with any improvements to the RESC Plant driveway will be of sufficient quality and design to compliment and be usable by any truck traffic or other tragic that will be using the public portion of the roan and RESC will be responsible for aH maintenance and repairs of the private roan and private driveway. RESC a~rees that it will require its contractors and engineers or other persons or entities it will employ or retain to cooperate with the City and to coordinate their efforts with the efforts of the City, its engineering department or any engineer, architect, contractor or other entity retained by the City for the development of the public roan and the connection of the two roads. The City will nlso require its engineer or contractor to cooperate and coordinate their efforts with RESC and its engineer, co,~-~tor, nad other entities in connection with RESC's development of the private road and the connection of the two roads. RESC promises and agrees that the private roan will be compatible with the public roan without any anditional expense or coat to the City for anditionsl design or construction cost. RESC shall, at its sole expense, obtain and maintain the following insurance policies, on an ocam'ence I~_~i,, which shall be effective prior to the be/inning of any work or other performance by RESC under this A~reement. The following polices and coverases are required: 1. Commercini nenerni liabiliW_. Commercial general liability insurance shall insure n~inat ail claims, loss, coats, damages, expense or liability fi.om loss of life or danube or injuq~ to persons or property arising out of RESC's perfonnence under this A~'eement. The minimum limits of liability for this coverage ~ be $2,000,000 combined sin/le limit for any one occurrence. 2. !~. Brond form contractual ~ insurance shah include the indemnification obligations set forth in this A/reement. 3. ~t11~. The minimum limit oflisbllity for automobile liability insurance shall be $1,000,000 combined single limit applicable to owned or nonowned vehicles used in the performance of any work under this ~][~1~. The insurance coverages and amounts set forth above may be n~t by an umbrella policy following the form oftbe underlying primary coverage in a m/nimum amount of S2,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement statin$ that it applies to the specific policy numbers indicated for the insurance policies providin~ the above covernges. It is further a~'eed that such statement shah be made as pan of this ce~iticate of insurance furnished by RESC to the City and the Authority. All insurance policies shall meet the following RESC shall furnish the City and the Authority a certificate or certificates of insurance showing the ~ amount, effective dates, and date of expiration of the polio'es. Certificate~ of insurance shall include an), insurance deductibles. The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not he cancelled or materially altered except after 30 days written notice has been received by the Risk Management Officer for the City of Roanoke.' The required certificate or certificates of insurance shall name the Authority, the City of Roanoke, their officers, directors, employees, agents, volunteers, and representatives as additional insureds. Insurance coverage shall he in a form and with an insurance company approved by the City, which approval shall not be unreasonably withheld. Any insurance company providing coverage shall he authorized to do business in the Commonwealth of Virginia. RESC will require its contractors and subcontractors, and other entities involved in the development of the private road to carry insurance policies which meet the above requirements to protect the Authority and the City from any claims, causes of actions, damages or other injuries or damages arising out of this Agreement. 21. 22. 23. RESC agrees to indemni~, keep and hold the Authority, the City, their officers, directors, agents, emp~ representat~ and volunteers, free and hnnnless bom any and aH claims, causes of action, damages or any liability of any t~pe on account of any injury or damage to any persom or property growing out of or directly or indirectly resulting or arising out of any actions, omissions, or activities of RESC or its agents, employees or representatives arising out of or connected in any way to any of the matters involved in this Agreement or its pefforffl~W,e. The City agrees to indem~, keep and hoki RESC, its officers, directors, agents, employees, and reim~ntafives free and hermless from any and aH clain~ causes of action, damages, or any liability of any type on account of any injury or damage to any persons or property growi~ ~t of or resulting or arising out of any actions, omissions, or activities of the City or it~ cnnUa~)r directly arising out of or directly connected with the construction of the publi~ mad referred to in this Agreement. RESC agrees it will comply with aH applicable federal, state, and local laws and regulations, provided that RESC nmy in good faith contest the applicability on enforceability of any such law or regulation. 24. This Agreement is governed by the laws of the Commonwealth of V'trginia. 25. 26. This Agreement may be executed in triplicate, any one of which may be deemed the original. This A~'eement constitutes the entire ~-eement of the parties and supersedes all prior ~ between the pa~ie~. No amendment to this A~reement will be valid unless rnnde in w~tin~ and ~ill~ed by the appropriate parties. IN WITNESS whereot~ the parties have executed this a~'eement as of the day and year hereinabove w~tten. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk WITNESS: W. Rob~ Herbert, City Manager INDUSTRIAL DEVELOPMENT OF THE CITY OF ROANOKE AUTHORITY By ROANOKE ELECTRIC STEEL CORPORATION By President AITEST: SEAL Approved a~ to Fogn~ City Attorney Approwd as to Execution: City Attorney 11:26 FAX 8u42822163 ART(RAFT (OMPAN¥ ~]uu2 ATTACI-D1ENT A THE AR T CRA F T COMPANIES Suite 325 phone (804) 282-9~10 1904 ByrdAuenue Fax fSO4J 2~2-21tiJ Richmond, ~tginia 23230 E. MaiL artcraf~tar~craftcos, corn August5,1996 W Robert Herbert City Manager City of Roanoke Virginia 215 Church Avenue SW., Room 364 Roanoke, Virginia 24011 Dear Mr Herbert: Our company owns and manages the 200 unit West Creek Manor Apartments, located on West Side Boulevard near the current entrance to Roanoke Electric Steel. It is our understanding that discussions are being held regarding a relocation of the entrance to Roanoke Electric Steel from its current position on West Side Boulevard to the new portion of Peters Creek Road, now under construct, on We are writing to you to indicate our complete support of the plan to relocate the entrance. We feel it would not only enhance the neighborhood as a place to live, but also it would }reprove the sa.feW of the area. The latter becomes emremely relevant when one considers that over 325 D. rge trucks per day drive directly through the middle of our property which houses over 500 people This truck traffic occurs twenty four hours per day. We have spent substantial sums to improve West Creek Manor since our purchase in late 1994 In addition, we anticipate spending further capital improvements to the property over the next several years. The reduction in truck traffic would be a tremendous additional asset in improving the quality of life in our area. I would be pleased to meet with you personally to discuss the importance of this issue. Please feel free to contact me ill may provide any further information. Very truly yours, Earl M. Ferguson President .4rterqft Management b,c. - Arrcraft btvestmtrat Inc. - .,lrtcr~fi l. vestment L C. - Arfcr,Jft D~.¢lopmOnt L.C. - A rt;'raft-Stra~ord L.C. - A rtcr~fi-Lincoln L.~°, - .4rt¢,~ft-Dur~ton L.P. - ,q rtcraft-.¥otn~ick L. C - A rtcr~fi.Plned,~h~ L.P. - ArtcraJ}-Fa~rvtew L.P. - ..4rtcraft-~st Cre(~h L.P - ArrcnJfl-Deane lnc - Artcr,Jft-Parkwoad L.P. Public Road Private Road Private Driveway 3 West Side Blvd. 4 Peters Creek Road Ext. 5 Mary F. Parker, CMCIAAE c~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H, Eakin Deputy City Clerk September 24, 1996 File ~66-67 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, September 16, 1996, Claude S. Allen, Jr., 1750 Lancing Drive, Salem, Virginia, Sandlot Football Team Coach, expressed concern with regard to the number of sandlot football games which have decreased from 11 in 1995 to seven games in 1996 due, according to Parks and Recreation officials, to lack of funds, and requested that teams be permitted to participate in play-off games. On motion, duly seconded and unanimously adopted, the matter was referred to you for investigation and report to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. W. Robert Herbert September 23, 1996 Page 2 pc: Mr. Claude S. Allen, Jr., 1750 Lancing Drive, Salem, Virginia 24153 Ms. Becky S. Leonard, 1302 Brighton Road, S. W., Roanoke, Virginia 24015 Ms. Annette A. Johnson, 3515 Lilac Avenue, N. W., Roanoke, Virginia 24017 Ms. Kathryn Hale, 2505 Avenel Avenue, S. VV., Roanoke, Virginia 24015 The Reverend Clay Dawson, 3720 Northridge Street, N. E., Roanoke, Virginia 24012 William F. Clark, Director of Public Works John W. Coates, Manager, Parks and Recreation Department MEMORANDUM TO: Mayor, Ladies and Gentlemen of City Council: FROM: A Concerned Parent of the PeeWee Football League This letter is in regard to the issue of the Youth Football program which will be addressed tonight at the City Council meeting. I am writing to comment on the accomplishments (or lack thereof) of the Roanoke City Recreation Department with regard to the Youth Football program. I have only experienced first hand the City Recreation Department for the past three years, and I must say I am sadly unimpressed with the unprofessionalism of the staffand the depamnent as a whole. Although numerous clubs have complained about various activities, mainly football, the department takes the comments and does nothing with them. Ifa member of a dub has an unpleasant experience which warrants him or her to call the recreation department, then the department should take the time to look into the matter seriously and not brush the matter aside. I realize that you cannot take the time to look into everyone's pidley complaints; however, I feel some very justifiably should be looked into. I am going to use the remaindex of this letter to primarily address the youth football program. The Roanoke Valley in the past and in the present has shown great interest in football. From the recreation football, through the high schools and even with our surrounding colleges (i.e. UVA and Va. Tech). The television stations even devote the majority of their sports news broadcast to football - primarily on Friday nights. WDBJ-7 even has a special show on Friday evenings which I am sure you all know called "Friday Football Extra". Now if the Roanoke Valley is so "into" football, then I would truly like to know why the City Recreation Department has taken it upon themselves to downplay football to soccer. Football in the Roanoke Valley is still in high demand. As an example, in the past two years, the football program on the PeeWee team for the Heights club has practically doubled. I realize that football equipment is expensive; however, the City does not foot the bill for the majority of this equipment. The Heights Club had to buy brand new helmets to meet regulations this year. The Heights Club raised over $ I-/q~~ on their own to fund these helmets. The Heights Club has done numerous fund raising activities to raise money to make sure the players are in the proper equipment. Children today need to find something other than wandering the streets and watching TV to do with their lives. If the child is interested in football and there is a football program in our community, then the child should be able to be involved in this activity, as well as enjoy himself in the process. We have told the children who play on the Heights Club that that is the main goal - to have fun. They are continuously told that their schooling comes first. They are told to respect their parents and to show good sportsmanlike conduct before, during and after their games. Football is a great sport. I know that some people do not care for it, but I also feel that if there was not such a demand for the sport we would not have attendanc~ at high school games as high as they are, and attendances in the tens of thousands at nearby college games. The children who play football practice 4 days a week for 2 horns each day. They are in full gear in excruciating heat at times. They work very hard to prepare for a successful season. I do not feel that it is up to the City to take this away from them. I realiz~ thnt we only have 8 games a season. However, cramming those 8 games into a 4-week period is a disgrace. It is hardly worth the time or the effort. You must realize that the children need some time to themselves as well. We are scheduled to have a game every Wednesday and Saturday until October 9th. That to me is unrealistic taking into account school work. On top of that, we are scheduled to have 2 of our Wednesday games at 8:00 p.m. The games very seldom ever start on time, and most children in the 8 year old range are due to be in bed at 9:00 p.m. Now some of you may be saying that "that's the price you have to pay to play football". Well, I do not see it that way, and I think that the majority of this community, aside from Southwest Roanoke, would feel the same. Half of our games this year are scheduled to be played on a field behind Patrick Henry High School. Our first game was at this field on Saturday, and let me tell you, it was a fiasco. I had talked to Vic Gather in the City Parks Department prior to playing at Patrick Henry and I was assured that the following items would be available at Patrick Henry to make it as much like River's Edge as possible. (1) Bleachers for spectators (2) A Scoreboard (3) Restroom Facilities. I was also told by Vic Garber that the field at Patrick Henry was no different than the field at River's Edge. When we arrived Saturday for the game, we arrived at 12~00 p.m. for our 1:00 p.m. game. The 11:00 a.m. game was running behind; therefore, there were probably 300+ people there from the 11:00 a.m. game, the 12:00 p.m. game, and our 1:00 p.m. game. The first thing we notice was that there was only I "port-a-john" on the entire premises. Then, the home field side had bleachers - the visitors side had nothing. Then, we looked at the field, and it's surface was grass in spots and hard dirt in spots. Then to top it all off, there was no scoreboard/timeclock anywhere in sight. Our coaches had to continuously ask the referee how much time was left because there was not a clock anywhere around. I had told Mr. Gather that we needed to know about bleachers because we have some elderly relatives who come to watch the games and we needed to know that they would have someplace to sit when they arrived - which there was not because we were visitors on Saturday. If the field at Patrick Henry is going to be continuously used for this purpose, then some changes need to be made to accommodate th~ taxpayieg citizens who attend these games. Also, this field is not exactly in "safe" condition for the young boys to be playing on. Granted they are padded, but it's still not quite like the "groomed" fields at River's Edge - where we are supposed to be playing. I assure you that if any child gets hurt on this field, the City will be held responsible for not maintaining the field in a safe manner. I do not understand why the River's Edge Sports Complex has suddenly turned into the "Soccer Area" of the Roanoke Valley. I feel that I am a City taxpayer just like the parents of the Soccer players, and that my children should have just as much use to the fields at River's Edge as they do. There are Soccer games inside the baseball diamonds at the Roanoke Memorial end of the field, and they are given 3 full-length fields with scoreboards. The remaining two fie[ds are split between the football teams - ranging from the instructional league, peewee, little league and the junior league. I am writing to request that football remain in the Roanoke Valley. These football players work hard for their sport, and I would like to request that their season not be crammed into a matter of a month. Also, this year only the top three teams advance to the playoffs. I think that this should be changed to allow every team at least one game in the playoffs to recognize that each team, whether a winning team or losing team, deserves to be there and have a shot at the championship. Thank you from me and from the football players for your time and consideration with regard to this matter. 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 September 23, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Naif, Attorney Osterhoudt, Ferguson, Naif, Aheron & Agee, P.C. 1919 Electric Road, S. W. Roanoke, Virginia 24014 Dear Mr. Natt: At a regular meeting of the Council of the City of Roanoke held on Monday, September 16, 1996, a public headng was held on the request of Jack Randall that a tract of land located at 2044 Brambleton Avenue, S. W., identified as Official Tax No. 1260108, be rezoned from RS-l, Single-family Residential District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Following discussion of the matter, the abovedescribed request for rezoning was denied. Sincerely, Mary F'~Pat~rker, CMC/AAE City Clerk MFP:sm - Enc. Edward A. Naif, Attorney Osterhoudt, Ferguson, Naif, Aheron & Agee, P.C. September 23, 1996 Page 2 pc~ Dr. Charles E. Swecker, 2026 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Ms. E. J. Swecker, 1117 Oakwood Drive, S. W., Roanoke, Virginia 24015 Mr. and Mrs. R. Francis Sublette, 1120 Oakwood Drive, S. W., Roanoke, Virginia 24015 Ms. Jean B. Whitworth, 1204 Lakewood Drive, $. W., Roanoke, Virginia 24015 Dr. John Martin, 914 Oakwood Drive, S. W., Roanoke, Virginia 24018 Mr. Barry Tatel, 1101 Oakwood Drive, S. W., Roanoke, Virginia 24018 Mr. L. Thompson Hanes, 1036 Oakwood Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. C. Y. Scott, 2620 Oak Hill Lane, S. W., Roanoke, Virginia 24015 Drs. A. Ray and Carole Mayberry, 2614 Oak Hill Lane, S. W., Roanoke, Virginia 24015 Mr. John D. Copenhaver, 931 Oakwood Drive, $. W., Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission , Roanoke City Planning Commission September 16, 1996 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Jack Randall, originally filed by Betty W. Mitchum, to rezone a tract of land at 2044 Brambleton Avenue, identified as Official Tax Number 1260108, from RS-l, Single Family Residential District, to C-l, Office District, such rezoning subject to certain conditions. I. Background: Petition to rezone property from RS-1 to C-1 was filed on 12/13/95. Conditions were proffered that related to the exterior of the building and the commercial uses for the property. Planning Commission public hearing was held on January_ 3. 1996. Mr. Ed Natt discussed the rezoning request and advised that the existing house had been for sale for almost two years with no interest as a single-family residence because of its orientation on Brambleton Avenue. He advised that there had been several persons interested in the property for commercial purposes. Planning staff recommended approval of the conditional rezoning advising that with conditions, optional use of the property for commercial purposes could maintain the residential integrity of the property and the neighborhood. There was discussion among the Commission regarding pros and cons of zoning the property residential or commercial. Dr. John Martin, 915 Oakwood Drive, appeared before the Commission in opposition to the request, advising that the property was an entrance into the Oakwood community and should be kept as residential. Mr. Tom Hanes, 1036 Oakwood Drive, also appeared before the Commission in opposition to the rezoning, commenting that the character of the neighborhood would be changed if commercialization continued along Brambleton Avenue. Mr. Barry Tatel, 1101 Oakwood Drive, spoke in opposition to the request expressing his concern for the character of the neighborhood and traffic on Oakwood. Mrs. E. J. Swecker, 1117 Oakwood Drive, and Mr. R. J. Sublette, 1120 Oakwood Drive, also spoke in opposition, especially with regard to the possibility of increased parking on the property viewable from the neighborhood. After considerable discussion of the parking, signage, and the neighborhood entrance issues, the Planning Commission voted to deny the rezoning request by a vote of 4-0 Room 162 Municipal Building 215ChurchAvenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Members of City Council September 16, 1996 Page 2 (Mrs. Coles and Duerk and Messrs. Bradshaw and Chfisman voting to deny the request; Messrs. Butler, Hill and Jones were absent). R~zoning request was referred to City_ Council for their meeting on 4/15/96. At the request of the petitioner's attorney, the matter was r~ferred back to the Plannim, Commission for further consideration of an amended petition filed on 3/18/96 which addressed parking provisions. Property was sold to Jack Randall in May of 1996. Mr. Randall desires to pursue the rezoning request that had been filed by the previous property owner (Mitchum). Second Pl0,nning Commission nublic hearin~ was held on 7/3/96. Mr. Ed Natt, Attorney for the petitioner, discussed the request and offered the following proffered conditions: "There will be no i~dditions or architectural changes to the exterior of the building on the property." "Parking will be in conformity with the plan prepared by Lang Engineering Company dated February 24, 1996, identifying eight spaces, including two in the garage. There will be no additional parking on the property." 3. "There will be no $ignage on the building." 4. "There will be no ingress or e~ress on Oakwood." At the hearing, Mr. L. Tom Hanes, 1036 Oakwood Drive, appeared on behalf of residents of Oakwood Drive in opposition to the request. He advised that residents were opposed for the same reasons voiced previously. They are concerned with creeping commercialization and for future rezonings in the area. Dr. John Martin, 914 Oakwood Drive, appeared on behalf of himself and three other property owners in opposition to the rezoning He indicated that he was concerned about increased traffic and parking on Oak-wood Drive. Mr. R. F. Sublette, 1120 Oakwood Drive, also spoke in opposition to the request advising that his property would be devalued if the rezoning was permitted. Planning Commission staff advised that the rezoning was debatable, as development of the property for office use was reasonable. By limiting the parking to the specified number and area on the proffered plan, the type and intensity of commercial use of the property would be limited, thereby maintaining the residential integrity of the property and allowing for development for either residential or commercial use. After abriefdiscussion, a motion was made to approve the request as amended. The motion was defeated by a vote of 2-3 (Mr. Jones and Mrs. Coles voting in su~ort of rezonin~ and Messrs. Bradshaw. Butler. and Chrisman voting in oooosition to rezoning. Members of City Council September 16, 1996 Page 3 II. Issues: III. Zonin~ of the property is currently RS-1. Zoning to the north toward Brandon Avenue is C-1 and C-2. Zoning to the south, east and west is RS-1 and RS-2. Land use of the property is currently residential. A doctor's office is located next door, as are other general commercial uses toward Brandon Avenue. A vacant lot is located on the same side of Brambleton across Oakwood Drive. The Elks Lodge is located further south on Brambleton. Other residential properties are located on Brambleton and on Oakwood and Lakewood Drives. Lakewood Park is located at the comer of Brambleton and Brandon Avenues. 1995-2015 Roanoke Valley Long Range Transportation Plan indicates that Brambleton Avenue is proposed to be widened in the next twenty years and that Brarnbleton is to be realigned with Brandon Avenue at Main Street. Both of these transportation improvements are included as having a "high" priority in the 1995- 2015 Roanoke City Thorouohfare Plan, adopted in 1993 (Improvements are rated as imminent, high or medium priority). Integrity of residential properties may be affected by transportation corridors with high traffic volumes. Property owner has indicated that residence has been for sale for two years with no residential offers for purchase. E. There is no established neighborhood organization for the area. F. Comprehensive Plan recommends: N~ighborhood character and environmental a_uality should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Alternatives: Development of new or existing commercial and industrial areas in the city should be carefully planned and designed to promote quality development and good land use. A. City Council deny the rezoning request. 1. Zoning remains RS- 1. 2. Land use remains residential. Members of City Council September 16, 1996 Page 4 3. Transportation Plan could still affect subject property. Residential inte~,rity of the property maintained. Effect of Brambleton Avenue traffic may still be an issue for residential use of the property. 5. Neighborhood comment not an issue. 6. Comprehensive Plan could be followed. B. City Council approve the rezoning request. 1. Zoning becomes C-1 with conditions that restrict development of the property. Land use can be converted to those permitted in the C-1 District. which include single-family. 3. Transportation Plan still could affect subject property. Residential integrity of the property can be maintained as per the proffered conditions. Conditional zoning of the property can allow for alternative commercial uses of the structure oriented towards Brambleton Avenue while establishing a clear boundary for commercial zoning at Oakwood Drive. 5. Neighborhood residents are still opposed to this reauest. Comprehensive Plan could be followed. Residential character of the property would be maintained. Future commercial or single family use is limited to the existing structure with no expansion, other than parking as per the proffered parking plan. No traffic access would be permitted from the residential street, Oakwood Drive. IV. Recommendation: The Planning Commission recommends that City Council deny the rezoning reauest. At the Planning Commission public hearing on 7/3/96, a motion was made by Mr. Jones to approve the request as proffered, but the motion was defeated by a vote of 2-3 (Mr. Jones and Mrs. Coles voting in favor of the motion and Messrs. Bradshaw, Butler, and Chrisman voting in opposition to the motion). While some members of the Commission felt that the rezoning was reasonable and that the petitioner had proffered conditions which addressed concerns, other members shared neighborhood concerns regarding the impact of continued commercial development on the residential community. Members of City Council September 16, 1996 Page 5 CHC:ESL attachments City Attorney City Engineer Building Commissioner Attorney for the Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission SECOND AMENDED P~TITION TO REZONE IN T~ COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a tract of land lying on the easterly side of Brambleton Avenue, SW, known as 2044 Brambleton Avenue, identified as tax map parcel 1260108, from Single Family Residential District RS-1 to office District C-1, such rezoning to be subject to certain conditions. TOT HE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Jack Randall, owne property located in the City of Roanoke containing one-half acre more or lees located at 2044 Brambleton Avenue, Tax Map Number 1260108. Said tract is currently zoned Residential District RS-l, a map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, code of the city of Roanoke (1979), as a~ended, the Petitioner requests that the said property berezoned from Single Family Residential District RS-1 to Office Dietrict C-1, subject to certain conditions set forth below, £or the purpose of utilizing said property for professional offices. The Petitioner believes the rezoning of the said tract of 1&nd will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will enable the parcel of land to be utilized consistent with adjoining zoning and uses on Brambleton Avenue. The subject property has been on the market in excess of two years as residential property with no offere to purchase the same as residential property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the petitioner will abide by, the following conditions= 1. There will b~no additions or architectural changes to the exterior of the building on the property. 2. Parking will be in conformity with the plan prepared by Lang Engineering company dated February 24, 1996, identifying eight spaces, including two in the garage. There will be no additional parking on the property. 3. There will be no signage on the building. 4. There will be no ingress or egress on Oakwood. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described ;tract be rezoned as requested in accordance with the provisions of the Zoning ordinance of the City of Roanoke. submitted this , Respectfully 1996. Edward A. Natt, Esq. OSTE~/4oUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., suite 1 Roanoke, Virginia 24018 (703) 774-1197 VSB ~1104 Of Counsel J~Randa11 c: \v~51 \steph\m£tchum. ~ad: -se07/29/96 S 10'57'00" W 15800 REAR YARD SETgACK House S P7'19'00' W z I I I I 30' Id.B.L. j N 07'~7'00" £ 55.~0 N 80'47'00' W 10.0C BRAMBLETON AVENUE CONCEPT PLAN LOT 8 & 9 SECTION 1, OAK HILL CITY-OF ROANOKE, VIRGINIA ~1~ F'[B. 24. 1996 a~ ~.: 96020~ ~ ~ g~020~ C)m~: R,G.L. ADJOINING pROPERTY OWNERS ~wner Charles E. Swecker Be~¥ Jane Swecker City of Roanoke R. Francis SubleaSe Hazel M. sublease Charles E. Swecker Be~¥ Jane Swecker R. Francis suble~=e Hazel M. Suble==e 2026 Bramble~on Avenue, SW Roanoke, VA 24015 Municipal Building Roanoke, VA 24000 1120 Oakwood Drive, SW Roanoke, VA 24015 2026 Bramble=on Avenue, SW Roanoke, VA 24015 1120 Oakwood Drive, SW Roanoke, VA 24015 1260107 1350601 1260203 1260107 1260201 oOt~' PROPERTY PROPOSED TO BE REZONED CL60~0 N ldO'& 3 / / i; Ad Number: 83028111 Publisher's Fee: $104.40 OSTERHOUDT FERGUSON NATT 1919 ELECTRIC RD ROANOKE, VA 24018 The Roanoke Times 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, 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: 08/30/96 FULL RUN - Friday 09/06/96 FULL RUN - Friday Witness, this 9th day of September 1996 ~ ~ IMdk~ M Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, September 16, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on the question of rezoning from RS-I, Single Family Residential District, to C-I, the following property: That certain tract of land located at 2044 Avenue, S.W., and bearing Official Tax subject to certain proffered conditions. Office District, Brambleton No. 1260108, A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 28th day of A,J~u~t , 1996. Mary F. Parker, City Clerk. ate # of Post-it' Fax Note 7671 Date ~ Ipages Publish in the Roanoke Times, once on Friday, August 30, 1996, and once on Friday, September 6, 1996. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron &Agee, P.C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 Publish in the Roanoke Tribune, once on Thursday, September 5, 1996. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Cleric Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron &Agee, P.C. 1919 Electric Road, S. W. Roanoke, Virginia 24018 MARY E I~ARgl~, CMC/AAE Ciiy Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 951-2541 Fax: (540) 224-3145 September 24, 1996 File #144-253 SANDRA H. EAKIN Dcpvty City Clerk John R. Hubbard Chief Executive Director Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hubbard: At a regular meeting of the Council of the City of Roanoke on Monday, September 16, 1996, a public hearing was held with regard to adoption of a Resolution authorizing articles of amendment to ~ Roanoke Valley Resource Authority Articles of Incorporation and an amendment to the Roanoke Valley Resource Authority Members Use AQreement in order to authorize the Authority to engage in or provide for commercial and/or residential gad~age and refuse collection activities or services. Following discussion, the abovedescribed matter was denied. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. John R. Hubbard Chief Executive Director Roanoke Valley Resource Authority September 24, 1996 Page 2 pc: Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Carolyn Wagner, Secretary, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E, Roanoke, Virginia 24012 W. Robert Herbert, City Manager James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works September 16, 1996 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Amendments to Founding Documents to Permit the Roanoke Valley Resource Authority to Engage in Solid Waste Collection Council considered the attached report of August 5, 1996, labeled "Attachment A", recommending that Council schedule a public hearing to consider the request of the Roanoke Valley Resource Authority to amend the Authority's founding documents to permit it to engage in solid waste collection. ~Attachment B" is a listing of financial facts that project the impact on Roanoke City should various private haulers divert solid waste from the regional solid waste disposal system in which the City participates. This is to recommend that Council support the request of the Authority to obtain the same authority, as the City of Roanoke already has, to collect solid waste. Respectfully, W. Robert Herbert City Manager WRH:KBK:afm Attachment cc: Wilburn C. James D. Grisso John R. Hubbard Dibling, Jr., City Attorney Director of Finance Chief Executive Officer, RVRA ATTACHMENT "A" August 5, 1996 Report No. 96-325 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Amendments to Founding Documents to Permit the Roanoke Valley Resource Authority to Engage in Solid Waste Collection I. Backqround: ae Revenue needed to offset operating and capital cost for the Roanoke Valley Resource Authority (RVRA) is generated solely from the collection of tipping fees. If there is insufficient solid waste or the tipping fees are too low, the RVRA would incur a deficit. The FY 96-97 budget projects $10,282~455 in revenue from 187,000 tons of solid waste (including 104,700 tons of commercially generated waste.) A deficit in revenues versus expenses would be an obligation for the founding Jurisdictions, namely, Roanoke City, Roanoke County, and the Town of Vlnton. Commercially provided landfill space has become more available in recent months as private companies have been successful in obtaining operating permits for these large commercial landfills. Commercial landfills also need a certain volume of solid waste to pay for the operating and capital cost of their landfills. A method of controllinq the end destination of solid waste is to be the collection agency that picks up the solid waste. Nationally known private haulers have entered the local market in recent months, buying up smaller private haulers and becoming more and more in a position to Justify some form of long distance transportation method to divert the solid waste they collect and transport that is now going to RVRA to a distant private landfill. Authority to compete for solid waste collection via establishing a collection operation is being sought by RVRA in accordance with the attached April 8, 1996 and June 21, 1996 letters from RVRA Executive Director John Hubbard. Honorable Mayor and City Council August 5, 1996 Page 2 Ge Several steps would have to be undertaken by both the RVRA and the founding Jurisdictions, including public hearings, prior to the RVRA being able to engage in this activity. Amendments to the Authority's Charter and the Member Use Agreement, being requested hereby, are the first steps to this process. A Public Hearinq is required to amend the founding documents, as was required for the initial approval of these documents. Public Hearing requires at least 30 days notice. II. Issues: A. Ability to compete B. Need to stabilize solid waste volume C. Tipping fees D. Deficit prevention III. Alternatives: Council schedule a Public Hearlnq to consider approval of the amendments, in a form acceptable to the City Attorney, to the RVRA's Charter and Members Use Agreement as a first step to permitting the Authority to engage in solid waste collection. Ability to compete for commercial solid waste collection will be initiated. Need to stabilize solid waste volume will be shown· Tipping fees of economical range will be supported. 4. Deficit prevention will be sought. B. Council refrain from approvinq the proposed amendments. 1. Ability to compete will not be initiated. Need to stabilize solid waste volume will linger as a pending problem. Honorable Mayor and City Council August 5, 1996 Page 3 3. Tipping fees may escalate greatly. 4. Deficit prevention may be impossible. IV. Recommendation: Council schedule a public hearinq to consider the adoption of the attached resolution authorizinq amendments to the RVRA's Charter and Member Use Agreement in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: John R. Hubbard, Executive Director, RVRA Elmer C. Hodge, Roanoke County Administrator B. Clayton Goodman, III, Vlnton Town Manager ~lttle W. Porterfield, III, RVRA Member B. Klser, Vice Chairman, RVRA Wllburn C. Dtbling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works ATTACHMENT "B" ROANOKE VALLEY RESOURCE AUTHORITY Financial Facts 1. Annual Budget $10,250,000 2. Capital Investment $42,000,000 3. Debt $33,000,000 4. Annual Debt Service $ 3,000,000 5. Total Annual Tonnage 189,000 Tons 6. Commercial (Private Hauler) Tonnage 107,000 Tons (56%) e Three (3) Major Haulers (BFI, Waste Management, & Corrugated Container Service) haul 80,000 Tons/Annually 8. BFI Tonnage - 30,000 Tons/Annually If BFI only transports refuse out of City: City rates need to increase from $50/Ton to $63/Ton = $650,000/Annually 10. If all three major haulers transport refuse out of City: City rates need to increase from $50/Ton to $81/Ton = $1,550,000/Annually