HomeMy WebLinkAboutCouncil Actions 12-16-96Wyatt
33200
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 16, 1996
12:30p. m.
CITY COUNCIL CHAMBER
,4 GENDA FOR THE COUNCIL
Call to Order -- Roll Call. All Present.
A. A briefing with regard to Council's Visioning Workshops. (30 minutes)
Received and filed.
File #132-175-404
Recessed unfil 2:00 p.m.
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 16, 1996
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order -- Roll Call. ~dl Present,
The Invocation was delivered by The Reverend Cedric E. Malone,
Pastor, Greater Mount Zion Baptist 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
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.
C-1 Minutes of the regular meetings of City Council held on Tuesday,
September 3, 1996, and Monday, September 16, 1996.
RECOMMENDED ACTION: Dispense with the reading thereof and approve
as recorded.
C-2
A communication fi:om 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 #110-132 Executive Session.
C-3
A report of the City Manager with regard to the request of The Reverend
Johnny R. Stone for a warning signal along Mekose Avenue, N. W., near the
Northwest Child Development Center to improve pedestrian safety.
RECOMMENDED ACTION: Receive and file.
File 20-66-304-514
C-4
A report of the City Manager with regard to the proposed budget study
schedule for fiscal year 1997-98.
RECOMMENDED ACTION: Receive and file.
File #60
C-5
A report of the City Manager and Director of Finance with regard to a
recommended process for developing the Capital Improvement Program.
RECOMMENDED ACTION: Concur in the recommendation.
File #217
C-6
Qualification of the following persons:
Stanley G. Breakell, Jr., as a member of the Building Code
Appeals Board, Volume II (Building Maintenance Division),
for a term of five years ending November 10, 2001;
File #15-32-110
Samuel H. McGhee, III, as a Director of the Industhal
Development Authority of the City of Roanoke, for a term
of four years commencing October 21, 1996, and expiring
October 20, 2000;
File tt15-110-207
Michael W. Ridenhour as a member of the Advisory Board
of Human Development for a term ending November 30,
2000; and
File 1115-72-110
4
David K. Lisk as a member of the Fifth Planning District
Commission for a term ending December 31, 1999.
File #15-110-326
RECOMMENDED ACTION: Receive and file.
REGULAR AGENDA
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR
CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK
AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
BACK TO COUNCIL.
ao
A petition from Maple Avenue Associates, Inc., appealing a decision of
the Architectural Review Board relative to a request to demolish the
structure located at 1422 Maple Avenue, S. W. Edward A. Natt,
Attorney. (5 minutes)
The matter was continued until the regular meeting of Council on
Tuesday, January 21, 1997, at 7:00 p.m.
File #51-216-249
4. PETITIONS AND COMMUNICATIONS:
A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, recommending appropriation of additional
funds for personal services; and a report of the City Manager concurring
in the recommendation.
Adopted Budget Ordinance No. 33200-121696. (7-0)
File #60-133-184
5
A communication fxom the Roanoke City School Board requesting
appropriation of $99,519.00 from the 1996-97 Capital Maintenance and
Equipment Replacement Fund; an additional appropriation of school grant
funds, in the amount of $45,250.00, for the Project Success Program; and
a report of the Director of Finance recommending that Council concur in
the request.
Adopted Budget Ordinance No. 33201-121696. (7-0)
File tt60-236-270-467-472
A communication from the Roanoke City School Board requesting
approval of a State Literary Fund loan application in the amount of $5.0
million for the Woodrow Wilson Middle School reconstruct/on project.
Adopted Resolution Nos. 33202-121696 and 33203-121696. (7-0)
File 11217-467
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending execution of an agreement with the
Virginia Departmem of Transportation, in connection with
construction of the 1-581 Interchange at Valley View
Boulevard - Phase I; and transfer of funds in connection therewith.
Adopted Budget Ordinance No. 33204-121696 and Resolution
No. 33205-121696. (7-0)
File 1120-60-77-200-450-455-514
A report recommending execution of an engineering services
contract with Mattem & Craig, Inc., in an amount not to exceed
$500,000.00, for preparation of plans needed to construct a new
interchange on 1-581 that will connect with an extension of Valley
View Boulevard; and transfer of funds in connection therewith.
Adopted Budget Ordinance No. 33206-121696 and Resolution
No. 33207-121696. (7-0)
File #20-60-77-200-405-450-455-514
A report recommending execution of an agreement with the
Norfolk and Western Railway Co., for installation of a sanitary
sewer line across property owned by the railroad in connection
with the Deanwood Industrial Park Project.
Adopted Ordinance No. 33208-121696. (7-0)
File #27-58-169-178-207-223-236
A report with regard to street lighting for Second Street/Gainsboro
Road (Orange Avenue, N. W. to Salem Avenue, S. W.); and
appropriation of fnnds in connection therewith.
Adopted Budget Ordinance No. 33209-121696 and Resolution
No. 33210-121696. (7-0)
Council Member Harris requested that the City Manager
report to Council on which City residential streets have
received high cost "period" fighting.
File 020-46-60-102-200-217-472-514
A report with regard to fund appropriations from the Capital
Maintenance and Equipment Replacement Program and Prior Year
Retained Earnings.
Adopted Budget Ordinance No. 33211-121696. (7-0)
File #5-20-22-32-60-62-67-72-83-103-104-106-144-183.192_202.
217-262-268-270-299-305-323-410-450
7
o
A report in connection with the City's plan of services for
participation in the Virginia Juvenile Community Crime Control
Act of 1995.
Adopted Budget Ordinance No. 33212-121696. (6-0, Council
Member White was out of the Council Chamber.)
File tt5-60-72-236-304-305-382
A report with regard to additional staffing at the Roanoke City
Juvenile Detention Home.
Adopted Budget Ordinance No. 33213-121696. (6-0, Council
Member White was out of the Council Chamber.)
File 1160-184-304-305
6. REPORTS OF COMMITTEES:
A report of the bid committee recommending execution of a nnit price
contract with Aaron J. Conner General Contractor, Inc., in the mount of
$168,969.50, for Lick Run Sewer Replacement Project LR-2; and
appropriation of funds in connection therewith. Council Member John H.
Parrott, Chairperson.
Adopted Budget Ordinance No. 33214-121696 and Ordinance No.
33215-121696. (6-0, Council Member White was out of the Council
Chamber.)
File 1127-60
A report of the Water Resources Committee recommending amendment
to the 1994 Sewage Treatment Contract to provide for percentage flow
allocations at the expanded Sewage Treatment Plant. Vice-Mayor
Linda F. Wyatt, Chairperson.
Adopted Resolution No. 33216-121696. (6-0, Council Member White
was out of the Council Chamber.)
File 6{27-468
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
Ordinance No. 33199, on second reading, authorizing the City Manager
to execute, on behalf of the City, Temporary Nonexclusive Revocable
License Agreements with KMC Telecom of Virginia, Inc., and American
Communications Services of Virginia, Inc., for construction, maintenance
and operation of telecommunications facilities in the City's rights-of-way.
Adopted Ordinance No. 33199-121696. (7-0)
File #117-166-169-262-322-383
9. MOTIONS AND MISCELLANEOUS BUSINESS:
Inquiries and/or comments by the Mayor and Members of City Council.
Council Member White requested that the matter of salary increases
for the Mayor and Members of Council be referred to 1997-98
Budget Study for consideration.
File #60-132
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. HEARING OF CITIZENS UPON PUBLIC MATTERS:
None.
CERTIFICATION OF EXECUTIVE SESSION. (6-0, Council Member
White was out of the Council Chamber.)
Appointed Alfred T. Dowe, Jr., and R. Jean Bevins as members of the
Roanoke Neighborhood Pai:inership Steering Committee for terms ending
November 30, 1999.
File #15-110-488
9
Appointed Dan L. Frei as a member of the Roanoke Valley Regional Cable
Television Committee.
File #110-448
Appointed Robert B. Manetta as a member of the City Planning
Commission for a term ending December 31, 2000.
File #15-110-200
Recessed until 7:00 p.m.
l0
HARRIS
ROANOKE CITY CO UNCIL
REGULAR SESSION
December 16, 1996
7:00 p.m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Mayor Bowers and Council Member
Parrott were absent.
The Invocation was delivered by Council Member Harris.
The Pledge of Allegiance to the Flag of the United States of America
was led by Vice-Mayor Wyatt.
Welcome. Vice-Mayor Wyatt.
PUBLIC HEARINGS:
Public hearing on the request of the Virginia Museum of Transportation
for adoption of a measure in support of tax-exempt status on real property
located at 303 Norfolk Avenue, S. W. Maryellen F. Goodlatte, Attorney.
Adopted Resolution No. 33217-121696. (5-0)
File #79-137-169
Public hearing on the request of George E. and Virginia M. Sweeney that
a ten foot wide alley lying between Official Tax Nos. 3220924 and
3220925, extending in a northerly direction fi.om Sunset Street to
Archbold Avenue, N. E., be permanently vacated, discontinued and
closed. Jeffrey L. Dorsey, Attorney.
Adopted Ordinance No. 33218 on first reading. (5-0)
File #514
Public hearing on a request of the City of Roanoke that the General
Assembly authorize amendment of the City Chaxter to provide that all
contracts for more than $30,000.00 (currently $15,000.00) shall be
awarded after public advertisement and competition as may be prescribed
by general law. Wilbum C. Dibling, Jr., City Attorney.
Adopted Resolution No. 33219-121696. (5-0)
File #50-137-467-497
OTHER HEARING OF CITIZENS: None.
12
Office of the City Manager
November 14, 1996
To: Mary Parker, City Clerk
From: Debbie Moses, Assistant to City M~
Ref: Council Briefing December 16, 1996
Mary, this is to confirm our phone conversation today requesting that you reserve approximately
30 minutes for a briefing to City Council on Council's Visioning Workshops. This will be at 12:30
pm on December 16, 1996. Barry Key and I will be assisting Vice-Mayor Wyatt and Councilman
Bill White in their presentation to the full Council on the workshops which are planned atter the
first of the year.
If you need other information, please give me a call. Thank you for your help.
c: Bob Herbert
Barry Key
Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 981-2333 FAX (540) 224-3138
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (540) 981-2444
Fax: (540) 224-3145
December 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,
Mayor
DAB:sm
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
December 23, 1996
File #20-66-304-514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the request of The Reverend Johnny R. Stone for a warning
signal along Melrose Avenue, N. W., near the Northwest Child Development Center to
improve pedestrian safety, was before the Council of the City of Roanoke at a regular
meeting held on Monday, December 16, 1996.
On motion, duly seconded and unanimously adopted, the report was received and filed.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
The Reverend Johnny R. Stone, Pastor, Hill Street Baptist Church, 111 Madison
Avenue, N. W., Roanoke, Virginia 24016
Ms. Audrey Wheaton, 1202 Mercer Avenue, N. W., Roanoke, Virginia 24016
William F. Clark, Director, Public Works
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
December 16, 1996
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA
Dear Mayor Bowers and Members of Council:
During the Wednesday, October 23, 1996, Council meeting Reverend Johnny Stone of the
Hill Street Baptist Church spoke to Council about pedestrian and vehicle safety along Melrose
Avenue, N.W. Reverend Stone mentioned the possible need for a warning signal along Melrose
Avenue near the Northwest Child Development Center to improve pedestrian safety.
Robert K. Bengtson, Traffic Engineer, and George C. Snead, Director of Public Safety,
met with Reverend Stone and Audrey Wheaton, Director of the Northwest Child Development
Center, to discuss existing conditions as they relate to pedestrian safety in this area. The Traffic
Engineering Department reviewed the options and determined the following actions could be
taken to improve both pedestrian and vehicle safety:
A double yellow centerline could be painted from 1 lth Street, N.W. to Salem
Turnpike. Since this is a weather and temperature dependent operation, this work
will need to be done during the summer of 1997.
The size of the first speed limit sign in each direction will be increased to improve
the visibility of the sign.
Additional playground wamin~ signs will be installed along eastbound Melrose
Avenue, near Northwest Child Development Center, and along westbound Melrose
Avenue, near Melrose Park.
Mr. Snead has reviewed these proposed improvements with Reverend Stone and Mrs.
Wheaton. Both citizens are supportive of these improvements.
Respectfully,
W. Robert Herbert
City Manager
WRH/GCS/hw
Robert K. Bengtson, Traffic Engineer
Reverend Johnny Stone, Hill Street Baptist Church
Ms. Audrey Wheaton, Director, Northwest Child Development Center
Mary F. Parker, CMCIAAE
c~y C~erk
CITY OF ROANOKE
Office of the City Clerk
Sandra H, Eakin
Deputy City Clerk
December 23, 1996
File ft60
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report with regard to the proposed budget study schedule for fiscal year 1997-98,
was before the Council of the City of Roanoke at a regular meeting held on Monday,
December 16, 1996.
On motion, duly seconded and unanimously adopted, Council concurred in the proposed
budget study schedule.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood
Road, S. W., Roanoke, Virginia 24018
Dr. E. Wayne Harris, Superintendent of 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
December 23, 1996
Page 2
pc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Robert H. Bird, Municipal Auditor
Willard N. Claytor, Director of Real Estate Valuation
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Glenn D. Radcliffe, Director, Human Development
George C. Snead, Jr., Director, Public Safety
Barry L. Key, Manager, Office of Management and Budget
December 16, 1996
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject: Proposed Budget Study Schedule - Fiscal Year 1997 - 98
Dear Mayor and Members of Council:
I am writing to advise you of the proposed budget study schedule for City
Council for Fiscal Year 1997-98 as outlined in Attachment A. Based on this schedule,
the operating budget will be presented on April 21, 1997, which is a regularly
scheduled meeting of City Council. Since City Council meetings are held on the first
and third Mondays of each month and public hearings are usually conducted on the
third Monday, the May 5, 1997 public hearing on the budget and the May 12, 1997
adoption of the budget will, however, require special meetings.
Please review this attachment and contact my office if any of our suggested
dates conflict with your schedules. I request that City Council consider the proposed
budget study schedule and take action on Monday, January 6, 1997 to formally
approve the schedule, so that we may proceed with the budget preparation process in
an expedient manner.
WRH:DSA
Attachments
CC:
Chairman, Roanoke City School Board
Superintendent of Schools
Assistant City Manager
Budget Administrator
City Attorney
City Clerk
Deputy Director of Finance
Director of Finance
Director of Human Development
Director of Public Safety
Director of Public Works
Director of Utilities and Operations
Manager, Management and Budget
Respectfully Submitted,
W. Robert Herbert
City Manager
Attachment A
PROPOSED BUDGET STUDY SCHEDULE
FOR CITY COUNCIL
FISCAL YEAR 1997-98
Date
April 21, 1997
Budget Preparation Activities
Public presentation of Fiscal Year 1997-98 recommended budget,
and update to the Consolidated Plan (Grants budget) to City
Council by City Manager.
April 21, 1997
Advertisements of public hearings on recommended budget, tax
rates and Consolidated Plan update appear in newspapers.
May 5, 1997
Public hearings on recommended budget, tax rates and update to
the Consolidated Plan.
May 6 - 9, 1997 City Council budget study work sessions.
May 12,1997
City Council adopts General Fund, School Fund and Proprietary
Fund budgets, approves an annual appropriation ordinance and
adopts the update to the Consolidated Plan.
Dear Mayor and Members of Council:
The attached Calendar of Events for Budget Preparation Activities is provided as
information to Council Members only. It is not part of the agenda package.
CALENDAR OF EVENTS
FOR BUDGET PREPARATION ACTIVITIES
FISCAL YEAR 1997-98
Date
November 27, 1996
December 12, 1996
December 12, 1996
December 20, 1996
January 6, 1997
January 9, 1997
January 17, 1997
Jan. 27-29, 1997
February 12, 1997
February 26, 1997
February 28, 1997
March 4, 1997
March 12, 1997
March 14, 1997
March 14, 1997
Bud;let Preparation Activities
Preliminary revenue estimate for local taxes prepared by
Director of Finance for School Administration.
Instructions for Phase I of the budget process (preparation of
goals and objectives) distributed to program managers by the
Office of Management and Budget.
Proposed budget study schedule for Fiscal Year 1997-98 forwarded
to City Council.
Governor presents State budget to General Assembly.
City Council adopts budget study schedule for Fiscal Year 1997-98.
Phase I budget packages due in the Office of Management and
Budget.
Preliminary revenue estimates for major revenue categories
prepared by Director of Finance.
Budget briefing sessions for program managers held; instructions
for Phase II of budget preparation (budget instruction manual
update, departmental budget planning figures, computerized budget
forms and special budget instructions) distributed to program
managers by the Office of Management and Budget.
Phase II of program budget submittal packages due in Office of
Management and Budget.
Review of program budget submittal packages by the Office of
Management and Budget staff for accuracy and completeness;
packages returned to program managers for any necessary
corrections.
General Assembly completes work on State budget; impact on City
budget determined.
Budget sessions for program managers and School Administration
with Budget Preparation Committee begin.
Budget sessions for program managers and School Administration
with Budget Preparation Committee end.
Preliminary revenue estimates updated by Director of Finance.
School Administration budget received by City Manager.
March 14 -
March 24, 1997
March 28, 1997
April 17, 1997
April 21, 1997
April 21, 1997
April 21, 1997
April 21, 1997
April 21, 1997
May 5, 1997
May 6 - 9, 1997
May 12, 1997
June 23,1997
June 23,1997
Work sessions with City Manager, Budget Preparation Committee
and Directors to balance Fiscal Year 1997- 98 budget.
Recommended budgets balanced, including School Administration
funding recommendation.
Recommended budget document delivered to City Council
members.
Recommended budget computer printouts distributed to program
managers.
City Manager briefs department managers on recommended budget.
City Manager's press conference to release recommended budget.
Public presentation of Fiscal Year 1997- 98 recommended budget to
City Council by City Manager.
Advertisements of public hearings on recommended budget, tax
rates and Consolidated Plan appear in newspapers.
Public hearings on recommended budget, tax rates and
Consolidated Plan.
** Requires special meeting of City Council
City Council budget study work sessions.
City Council adopts General Fund, School Fund and Proprietary
Fund budgets, approves an annual appropriation ordinance and
adopts the update to the Consolidated Plan.
** Requires special meeting of City Council
Adopted budget made available for public inspection.
Adopted budget documents printed and distributed to program
managers.
December 16, 1996
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject: Capital Improvement Program
Dear Mayor Bowers and Council Members:
We have been working over the past few months updating information on the existing
Capital Improvement Program (CIP) projects and gathering information on new capital
requests, to enable City Council to have complete and current information on which to base
decisions regarding the next ClP. Given the fact that there is a relatively short period of time to
develop a ClP, city staff have debated and we are recommending the following sequence of
events to move us forward in achieving Council's vision of being a participatory and facilitative
government.
What we are proposing is not what we would recommend if the CIP process was two to
three years away. The fact is that we are less than twelve months away from the referendum
and this is a good faith attempt to provide an inclusive process.
Our major goals in the upcoming process are as follows:
To make sure we have the City's most important capital projects considered for
competitive rating;
To make an honest effort to invite the public into the process; and
To expand the CIP Advisory Committee to include not only City and School
representatives, but business and neighborhood groups in the review process.
The attached page is a chronological description of the proposed ClP process. During
the month of January, a public participation workshop will be held for the purpose of educating
citizens on the content of the current ClP, as well as how projects become part of the capital
program and the ranking process. Information on available funding needs will be shared with
the groups and the citizens will be asked if we have included all categories. Also during this
time we will be naming and expanding the CIP Advisory Committee and working towards a
preliminary capital program recommendation for City Council. Potential members on this
advisory committee would include the following:
Assistant City Manager
Director of Finance
Director of Human Development
Director of Public Safety
Director of Public Works
Director of Utilities and Operations
Budget Administrator
School Superintendent or Representative
Representatives from the following business and neighborhood groups:
Planning Commission
Chamber of Commerce
Downtown Roanoke, Inc.
Neighborhood Partnership
Parent Teacher Association (PTA)
During February, we will schedule a financial planning session with Council, as well as
sessions to provide Council with more information on the identified capital needs.
We are asking that you concur in our recommended process for developing the Capital
Improvement Program. Please let us know if you have any questions or need additional
information. We look forward to working with you.
Sincerely,
W. Robert Herbert
City Manager
~Griss~' o~
Director of Finance
Attachment
cc:
City Clerk
City Attorney
Director of Finance
Directors
Budget Administrator
1996
October
Capital Improvement Program Schedule
Letter sent to all City Council members and departments requesting new
CIP Project submittals and updates of information on current CIP
projects.
New CIP requests submitted to Office of Management and Budget and
forwarded to Engineering Department for review.
November
All new requests reviewed for technical issues by Engineering and
returned to Management and Budget.
Updates on current CIP projects due back to Management and Budget
and are then forwarded to Engineering for review.
December
CIP sub-team begins designing citizen input process, including
advance mailing information, scheduling locations for community
meeting and identifying facilitators.
Advertisement prepared for media re: citizen input in community
meeting, to be held in January.
Mailing sent out to community groups informing them of public meetings.
· CiP Advisory Committee members appointed by City Manager.
1997
January
Preparation for January CiP Advisory Committee workshop for unfunded
and new project requests.
Community Meeting for public input. Information compiled from mass
meeting, new capital requests investigated by Engineering department
and CIP sheets prepared.
CIP Advisory Committee Workshop held for unfunded and new capital
project requests. Projects evaluated and ranked by CIP committee
members according to established criteria.
Preparation for Financial Planning / CiP Workshops with City Council, to
be held in February.
February
March - Apdl
April
Financial Planning / CIP Workshops with City Council. Receive and
process input from City Council Visioning Workshops
Development of preliminary ClP for presentation to City Council.
Presentation of Recommended CIP to City Council (to coincide with
presentation of FY 1997-98 Recommended Operating Budget).
May
Remainder of process - Public Hearings, Council Review, etc. - would
proceed on same schedule as the operating budget process.
ClP Approval by City Council (to coincide with FY 1997-98 Operating
Budget approval).
August
· Deadline for Submission to State Board of Elections
November · Public Referendum
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File #15-32-110
Patti C. Hanes, Secretary
Building Code Appeals Board, Volume II
(Building Maintenance Division)
Roanoke, Virginia
Dear Ms. Hanes:
This is to advise you that on December 4, 1996, Stanley G. Breakell, Jr., qualified as a
member of the Building Code Appeals Board, Volume II (Building Maintenance Division),
for a term ending November 10, 2001.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Stanley G. Breakatl, Jr., 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 Building Code Appeata Board, Volume II (Building
Maintenance Division), for a term ending November 10, 2001, according to the best of
my ability. So help me God.
Subscribed and sworn to before me this ~ day of
ARTHUR B. CRUSH, III, CLERK
BY
~ ~'3 ~c~'"'~, DEPUTY CLERK
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 23, 1996
File #15-110-207
Margaret R. Baker, Secretary
Industrial Development Authority
of the City of Roanoke
212 S. Jefferson Street
Roanoke, Virginia 24011
Deer Ms. Baker:
This is to advise you that on December 2, 1996, Samuel H. McGhee, III, qualified as a
Director of the Industrial Development Authority of the City of Roanoke, Virginia, for a term
of four years commencing on October 21, 1996, and expiring on October 20, 2000.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Samuel H. McGhee, 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 Director of the Industrial Development Authority of the City of Roanoke,
Virginia, for a term of four years commencing on October 21, 1996, and expiring on
October 20, 2000, according to the best of my ability. So help me God.
Subscribed and sworn to before me this ~;L day of 1996.
ARTHUR B, CRUSH, III, CLERK
, DEPUTY CLERK
H:~e,Q ENDA~NOVEMBER.18
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) 224-3[45
SANDRA H. EAKIN
Deputy City Clerk
December 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 December 9, 1996, Michael W. Ridenhour qualified as a
member of the Advisory Board of Human Development for a term ending November 30,
2000.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc: Glenn D. Radcliffe, Director, Human Development
Glenna Ratcliffe, Secretary, Advisory Board of Human Development
OATH AND AFFIRMATION OF OFFICE
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Michael W. Ridenhour, 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, 2000, according to the best of my ability. So help me God.
Subscribed and sworn to before me thl~~'-''~- d~~:~1996.
ARTHUR B. CRUSH, III, CLERK
~L~RY F. PA~K]~R, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
lax: (540) 224-31.45
SANDRA H. EAKIN
Deputy City Clerk
December 23, 1996
File #15-110-326
J. Lee E. Osborne, Chairperson
Fifth Planning District Commission
5152 Falcon Ridge Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Osborne:
This is to advise you that on December 11, 1996, David K. Lisk qualified as a member of
the Fifth Planning District Commission for a term ending December 31, 1999.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc: Wayne G. Stfickland, Executive Director, Fifth Planning District Commission, P. O.
Box 2569, Roanoke, Virginia 24010
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, David K. Lisk, 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 Fifth Planning District Commission for a term ending December 31,
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:~AGENDA~:)ECEMBER.2
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
December 23, 1996
File #51-216-249
SANDRA H. EAKIN
Deputy City Clerk
Edward A. Naif, Attorney
Osterhoudt, Ferguson, Naif,
Aheron & Agee, P.C.
1919 Electdc Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
A petition on behalf of Maple Avenue Associates, Inc., to appeal a decision of the Architectural
Review Board relative to a request to demolish the structure located at 1422 Maple Avenue, S. W.,
and your request that the matter be continued until the regular meeting of City Council on Tuesday,
January 21, 1997, was before the Council of the City of Roanoke at a regular meeting held on
Monday, December 16, 1996.
On motion, duly seconded and unanimously adopted, the matter was continued until the regular
meeting of City Council on Tuesday, January 21, 1997, at 7:00 p.m., or as soon thereafter as the
matter may be heard.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
E. L. Baker, Chairman of the Board, Maple Avenue Associates, Inc., 3877 South
Lake Drive, S. W., Roanoke, Virginia 24018
Kenneth L. Motley, Chairperson, Architectural Review Board, 310 First Street,
S. W., Roanoke, Virginia 24011
Paula Prince, President, Old Southwest, Inc., 550 Mountain Avenue, S. W.,
Roanoke, Virginia 24016
Evelyn S. Gunter, Secretary, Architectural Review Board
Steven J. Talevi, Assistant City Attorney
William F. Clark, Director, Public Works
John R. Marries, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Roanoke City Architectural Review Board
December 16, 1996
Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Appeal of Architectural Review Board Decision
1422 Maple Avenue, S. W.
I. Background:
City Building Commissioner ordered repairs to the house at 1422 Maple Avenue, S. W
on 1/9/96.
Property owner requested demolition of the structure on Official City Tax Number
1031606 and applied to the Architectural Review Board (ARB) for a Certificate of
Appropriateness. On 5/9/96, by a vote of 5-0, the Board denied issuance o£a
Certificate for demolition, finding that the loss of the house would be adverse to the
district because of the uniqueness of the building and its contribution to the district and
that its loss would be adverse to the streetscape, the neighborhood, and the district. In
addition, there was not a proposed new use of the property. (See ARB letter of
5/16/96).
Decision of the ARB was appealed to City Council On 7/15/96, City Council
affirmed the decision of the ARB to deny a Certificate of Appropriateness for the
demolition of the structure.
Property owner desired to sell the building (Tax Number 1031606) with the vacant
lots on either side of the building (Tax Numbers 1031605 and 1031607). Issues arose
regarding the sale of the property and the right to demolish the building. Therefore,
owner re-subdivided the property to vacate existing lot lines and combine the three
properties into one, now designated as Official City Tax Number 1031606.
H. Current Situation:
Property owner is requesting another Certificate of Aporopriateness to demolish the
building on the new, combined parcel. The only change in the request is the
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 981-2344
Members of Council
Page 2
inclusion of the two vacant, side lots with the building,. He wants to sell all the
property as a single unit (now re-subdivided into one lot and designated as City Tax
Number 1031606), demolish the building (with a Certificate) or demolish the
building (without a Certificate) under code sections 36.1-331 and 36.1-349 which
provide for demolition after offering the property for sale.
Architectural Review Board considered the revised request to demolish the house at
1422 Maple Avenue. S. W. on 11/14/96. The Board voted 4-0. to deny a Certificam
ft~,~P~ll~q,~(Messrs. Whitwell, Jones, Manetta, and Harwood voting to deny
the request; Messrs. Deck and Motley were absent and there was one vacancy.) The
Board determined that the architectural and historical value of the nropertv had not
changed since the nrevious re~_u~st and that its decision of 5/9/96 was still valid. The
building is architecturally sienificant and unioue to the district: its loss woul~l be
advers~ to the streetscape, the neighborhood and the district. (See ARB letter of
11/18/96). Old Southwest, Inc. spoke in opposition to the request, noting that nothing
had changed the architectural and historic significance of the property (see letter of
11/14/96). They also expressed concern that the property had not yet been offered for
sale and advised that combining the two adjacent lots with the property increased the
cost for a potential buyer willing to preserve the building.
C. Property owner anpealed the ARB decision to City Council on 11/26/96.
IlL Issues:
Old Southwest nei~.hborhood is included in the Southwest Historic District which is
on the National Reeister of Historic Places. The neighborhood was designated H-2,
Neighborhood Preservation District, by the City of Roanoke in 1987 in response to
growing citizen concerns regarding the loss of contributing structures, insensitive
alteration of existing buildings, and inappropriate new construction within the historic
neighborhood.
Purnose of the H-2. Neiehborhood Preservation District, and the Architectural
Review Board is to:
"Ensure the t~reservation of buildingg which in their aggregate or individually,
are of special community significance;"
"Encouraee the preservation, protection, and enhancement of streetscapes
t ur nd e of architectural, historic or cultural importance;"
"Encourage new construction, or alterations which are compatible with the
existing scale and character of surrounding properties;" and
"Encourage the rehabilitation and continued use of existing buildings rather
than their demolition."
Members of Council
Page 3
In accordance with Section 36.1-348 of the Zonin~ Code of the City of Roanoke. the.
Board must make the following finding~ in order to issue a Certificate of
Appropriateness for demolitions in the district:
"Loss of the structure would not be adverse to the district or the public interest
by virtue of its uniqueness or its significance to the district."
"Demolition would not have an adverse effect on the character and
surrounding environment of the district."
"Where demolition is in conjunction with a proposed new use of the site.
use satisfies the intent and standards of the H-2 district."
The house at 1422 Maple Avenue. S. W. is architecturally important to the district;.
(See attached photographs.)
The house is considered a contributing structure in the National Register
of Historic Places inventory for the Southwest Historic District.
The structure has unique architectural features (i.e. dormer windows)
and the building is a contributing part of the streetscape and
neighborhood fabric. Loss of the building would adversely affect the
district.
Old Southwest, Inc., in a letter of 5/9/96 to the ARB, advised that the
building is contributing to the neighborhood and the district because of
its "weatherboard, 2-1/2 story construction, hipped slate roof, unusual
clipped gable dormer with Palladian-style window, Corinthian columns
and capitals, ornate windows, and wrap-around porch with broad
entrance."
Old Southwest, Inc. also noted that this block of Maple Avenue is unique in
that it has remained intact since its original development. There has been
no loss of buildings or new development. This is documented by 1919
Sanborn maps (historic reference) for the area.
E. Previous history of demolitions in the historic district include the following:
1. 10/11/90
331,343 Day Avenue, S. W., First Baptist Church
· Demolition for parking lot approved by ARB
(Certificates No. 90-065, 90-066); ARB found that the
buildines were not unique and loss of buildings wg~ld
not be adverse to the district.
Members of Council
Page 4
2. 1/14/91
1001 Third Street, S. W, St. Mark's Lutheran Church
· Demolition for parking lot denied by ARB; approved
on appeal by City Council (Certificate No. 91-001).
3. 12/09/93
510 Marshall Avenue, S.W., Bob Hall & Nick Eades
· Demolition of building approved by ARB (Certificate
No.93-054). ARB found that because of the poor
condition of the building and its location, its loss of
building would not be adver~q, to the district.
4. 2/05/95
325, 327 Day Avenue, S. W., First Baptist Church
· Demolition after 5/9/95 for parking lot approved by
ARB (Certificates No. 95-004, 95-005). ARB found
that the buildings were not unique and their loss w0~,lld
not be adverse to the district. They also found that the
proposed new development was consistent with the
City's Franklin Road/Elm Avenue Master Plan. Ninety
day delay in demolition was provided to allow the
church and neighborhood to discuss possible moving
and/or salvage of structures.
5. 10/12/95 1010,
1014 First Street, S.W., Episcopal Diocese SW VA
ARB (Certificate No. 95-035) approved the removal,
but not the demolition, of buildings to an appropriate
location in the Old Southwest District and approved the
concept ora proposed addition to the Diocese building
at 1000 First Street which would be on the property
known as 1010 and 1014 First Street. Board found that
the buildings were significant architectural building~
and their loss would adversely affect the district. The
Board also found that the proposed new building met
the intent and standards of the district and was
consistent with the general scale, mass, and architecture
of the district. The decision was appealed to City
Council, but withdrawn when the houses were
successfully moved.
Sections 36,1-349 an~l 36.1-331 of the Zoning Code of the City of Roanoke provide
an option to sell the property for the owner ora building who has been denied a
Certificate of Appropriateness. This provides an opportunity to sell the property to a
willing buyer for fair market value for the purposes of rehabilitating the building. I_Lf
the property is not s01d within the time period specified, then. the building may be
Members of Council
Page 5
demolished. The City's Office of Real Estate Valuation presently has the three
parcels and the building assessed at $70,400. According to Section 36.1-331, if the
property was placed on the market for that value, the property would need to be
offered for sale for a period of six month~ (more than $55,000, but less than $75,000),
after filing the required statements specified in the code.
IV. Alternatives:
A. Affirm the 11/14/96 decision of the Architectural Review Board and deny a
Certificate of Appropriateness for the demolition of the building at 1422 Maple
Avenue, S.W.
1. Contributing amhitectural structure in the historic district is preserved.
2. Pu~ose of the H-2 district is upheld.
3. Findings of Section 36~ 1-348 and the ARB are upheld.
4. House at 1422 Maple Avenue. S. W. is a unique and significant architectural
building in the district; loss of the building would be adverse to the district.
5. Action is consistent with 5/9/96 ARB decision on this property an0 with other
demolition requests reviewed by the ARB and City Council.
6. Offerin~ the property for sale is an option to the property owner. Option
provides an opportunity to sell the property to a buyer willing to rehabilitate
the property.
B. Reverse the decision of the ARB and authorize the issuance ora Certificate of
Appropriateness for the demolition of the building at 1422 Maple Avenue, S. W.
1. A building c0ntfibutine to the historic district is lost to demolition.
2. Purpose of the H-2 district is not upheld.
3. Findings of Section 36.1-348 still apply. New findings must be made by City
Council.
4. House at 1422 Maple Avenue, S. W. must be found not to be architecturally
sienificant to the district and its loss would not be adverse.
5. Previous histo~ of this request and of other demolitions not upheld.
6. Offering the property for sale is no lon~,er an applicable option.
Members of Council
Page 6
V. Recommendation:
The Architectural Review Board respectfully requests that City Council affirm the decision
of the Board's decision of November 14. 1996 to deny a Certificate of Aopropriateness for
the demolition of the buildin~ at 1422 Mapl~ Avenue, S, W, The building is a significant
and unique architectural structure in the district and its loss would be adverse to the district,
the streetscape, and the neighborhood. In addition, there is no new use of the subject
property.
The H-2 district was established to preserve areas and buildings of architectural and historic
importance and to encourage rehabilitation of buildings rather than their demolition. Old
Southwest is listed on the National Register of Historic Places and is a neighborhood worthy
of preservation efforts. Residential and commercial revitalization efforts have been
successful in the neighborhood. The historic district has assisted these efforts.
Rehabilitation standards applied to the district are flexible (encouraging design compatibility
rather than rigid restoration) and apply only to the exterior of the building. While
rehabilitation costs for older properties may be high in some instances depending on the
needed repairs, studies have proven that when rehabilitation is compared to the costs ora
high quality new building, rehabilitation is nearly always competitive. In addition, there are
local, state, and federal economic incentives available which help to reduce costs to property
owners, especially those properties used for investment purposes.
KLM:ESL:I
attachments
cc: City Attorney
Secretary, Architectural Review Board
Roanoke City Architectural Review Board
May 16, 1996
Maple Avenue Associates, Inc.
cJo David C. Helscher, Esq.
Jolly Place Fralin & Pdllaman, PC
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Helscher.
SUBJECT: 1422 Maple Avenue, S. W.
ARB File No. 96-010
On May 9, 1996, the Roanoke City Architectural Review Board heard Maple
Associates' request for a Certificate of Appropriateness to demolish the house and garage
at 1422 Maple Avenue, S.W. Your request to demolish the house was unanimously
denied by the Board by a vote of 5-0 (Messrs. Manetta, VVhitwell, Deck, Harwood, and
Jones voting to deny the request and Messrs. Jamieson and Motley absent). Your request
to demolish the garage was not considered further for action by the Board because the
City Building Commissioner had already determined that the structure should be razed for
reasons of public safety. It was noted that a repair order had been issued for the house.
In making the decision on your request, the Board found that based upon the
findings specified in Section 36.1-348 of the Zoning Code of the City of Roanoke, loss of
the house would be adverse to the district because of the uniqueness of the building and
its contribution to the district; and that its loss would be adverse to the street scape, the
neighborhood and the district; and there is no proposed new use of the property requested
for demolition. The Board further recommended that the property owner consider placing
the property for sale.
Sincerely,
Evelyn S. Lander, Secretary
Architectural Review Board
Ken Motley, Chairman ARB
Steve Talevi, Assistant City Attorney
John R. Marlles, Chief of Community Planning
Jim Burgess, Building Inspector
Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011
(703) 981-2344
Old Southwest, Inc. 641 Walnut Ave.,
Roanoke, VA 24016 · 703-343-8794
Roanoke City Architectural Review Board
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
9May 1996
Re:
Request from Ernest L. Baker,
Maple Avenue Associates, Inc.,
in re 25 April 1996 Request
to demolish 1422 Maple Avenue, S.W.
Dear Members of the Amhitectural Review Board:
We the members of the Board of Old Southwest, Inc. (OSVO, wish to state our unequivocal
opposition to the Applicant's proposal to demolish the house at 1422 Maple Avenue, S.W.
It is Old Southwest, Inc.'s, position that the ARB must not permit the demolition of this structure for
the following reasons:
The 89-year-old house at 1422 Maple (see Exhibit A-l) is a "conlributing slructure" to both
its immediate neighborhood and the Old Southwest Historic District ("the Dis~ict") in
general. Its weatherboard, 2*/a-story construction, hipped slate roof, unusual clipped gable
dormer with Palladian-style window, Corinthian colunms and capitals, ornate windows, and
wrap-around porch with broad entrance distinguish it as an example of the unique
architectural offerings found in the District.
The house, including the two "vacant" lots that flank it, is an integral pan of one of the
increasingly rare neighborhood blocks in the District, especially in the C-1 zone. What is
"rare" here is that this block of houses has remained intact (no losses due to demolition, fire,
infill, etc.) since its inception. In other words, this block of original residential hey. sex
remains the same today as it was in 1919 when the Sanborn maps (Exhibit A-2) were
prepared.
t)age 2
OId $outhwest. Inc.
Requ~:tt f~r Demolition of l 422 Maple ,~.. ~ )~
To gxant demolition would directly conU'avene Sec. 36.1-330 of the Roanoke Code (Review
Standards for Proposed Demolition), specifically that:
· "The purpose and necessity of the demolition are in accordance with the intent of the
tt-1 District."
· "f.~s$ of the structure wouldnot be adverse to the District....by virtue of its
uniqueness or its significance to the District." OSW refer~ to its first point, above.
· "Demolition would not have an adverse effect on the character and surrounding
environment of the District." 0SW refera to its second point, above.
· "Y?here a development plan for a new use of the site is proposed and submitted, the
board shall review the proposed development pur~n~ant to the regulations and intent
of the Distn'ct...." According to the application, Maple Avenue A~sociatas has
shown no plan or purpose beyond demolition and the creation of tiu'ee empty lots in
an otherwise occupied, viable residential block. In the pa~t, the ARB h~
cur~istcntiy advised that demolition requests be accompanied by a proposal for new
use at that site. Code requires that new use be equally beneficial to the Dis~c~ aa
the existing structure was. OSW does not believe that this applies in thin case.
The house has been occupied, heated, and i~ clean. Though clearly run-down due to years of
obvious "benign neglect" by its owner(s), its condition and former grandeur are far from
being irretrievably IOSL Precedent for the rehabilitation of District houses in far worse
condition is easily demonstrated (e.g., 302 Washington, the Boxiey House, etc.}.
In conclusion, the OSW strongly encourages the ARB to deny the request to demolish 1422 Maple Avenue,
S.W. At pre~ent, the house (.plus two adjacent lots) assesses at a tota~l of approximately $75,000, and would
be more valuable in its present setting among the other residential houses along Maple Avenue.
It is the purpose of OSW to enhance the Old Southwest neighborhood through the preservation of the existing,
individual houses that comprise it. Historic Old Southwest needs positive neighborhood growth, not
disfigurement through piecemeal, unnecessary demolition of existing, contributing structures.
Sincerely,
Paula Prince
President
Old Southwest, Inc.
cc: OSW, Inc., Board Members
File
Roanoke City Architectural Review Board
November 18, 1996
Mr. Ernest L. Baker
Maple Avenue Associates, Inc.
3877 South Lake Drive
Roanoke, VA 24018
Dear Mr. Baker:
Application for Certificate of Appropriateness
Certificate No. 96-034 - 1422 Maple Avenue, S.W.
The Architectural Review Board of the City of Roanoke, Virginia, considered your
request and a Certificate of Appropriateness was denied.
Your attorney, Ed Naif, advised that the new request included two former side lots
now part of the subject property and that a Certificate of Appropriateness was being
requested which would apply to the building and the newly resubdivided parcel. After
hearing your request and public comment on the matter, the Board again denied a
Certificate of Appropriateness for demolition of the structure at 1422 Maple Avenue, S.W.
The Board determined that the architectural and historical value of the subject property had
not changed since the last application and that its decision of May 9, 1996, was still valid.
The building is architecturally significant and unique to the district; its loss would be adverse
to the streetscape, the neighborhood and the district.
If you should have any questions relative to this matter, please do not hesitate to
contact me at 853-2356.
/f
attachment
CC:
Sincerely,
Evelyn S. Lander, Secretary
Roanoke City Architectural Review Board
Ronald H. Miller, Building Commissioner
Edward A. Naif, Attorney
Old Southwest, Inc.
Room 162 Municipal Building 215 Church Avenue, S,W. Roanoke. Virginia 24011 (540) 981-2344
O]ld Sou :hwes , ][nc.
,h PArT WITH A FUTURE
Roanoke City Architectural Review Board
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Re:
Renewed request from Ernest L. Baker,
Maple Avenue Associates, Inc.,
in re November 1996 Request
to demolish 1422 Maple Avenue, S.W.
14 November 1996
Dear Members of the Architectural Review Board:
Old Southwest, Inc., is deeply disturbed by the recent turn of events surrounding the fate
of the house at 1422 Maple Avenue, S.W.
This past May, you denied Mr. Baker a demolition permit for the structure. Upon appeal,
and in accordance with City Code (Sec. 36.1-330), City Council agreed with both OSW, Inc.,
and the ARB by upholding your decision not to grant the permit. Like you, Council recognized
that because the structure is not only smacturally sound but architecturally significant, its
demolition would negatively affect the unique Maple Avenue streetscape that has remained
virtually intact for some 90 years. Furthermore, in its support of the ARB decision, Council
ordered the property assessed for fair market value and put up for sale.
Not only has this not been done, but, using an end-mn to thwart the orders of the ARB
and Council, Maple Avenue Associates has, without notice to OSW or other interested parties,
had the property re-subdivided with the apparent intent of placing its fair market value out of the
reach ora serious potential buyer who, since early September, has eagerly desired to own and
renovate the structure (see attached letter).
Mr. Baker's stated original intention was to sell the three lots, minus the house, as
commercial property. While we do not argue that em'rent zoning prohibits this use, we do
maintain that it is totally inappropriate for an area primarily of residences or businesses in former
residences.
Mr. Baker and his attorney are before you today to argue that their re-application for
permission to raze the house is somehow "significantly different" with the merger of the three
lots.
Aler,~uxd.,./Gi-I, Hou.,, ' 6'11 Walaut A'~nue, S.W. ' Ro~aolm ' Virslnia ' 24016
Voi~ ~ · 540 343-8794
-2-
OSW is here to appeal to conunon sense. In view of the standards for granting
demolition as set out by City Code (36.1-330), the facts remain:
the purpose of the demolition is still not in accordance with the intent of the H-1 district,
and would be adverse to the district and the public interest (the only interest it would
serve is that of Maple Avenue Associates)
· the structure is still structurally sound, and still architecturally significant
the character of the streetscape and surrounding environment would still be negatively
altered by such a demolition
· there is still no development plan for a new use for the now-combined lot.
Finally, OSW wishes to emphasize that the only change in the situation since last May is
that there is now a buyer for the honse.
Code regarding demolition and construction in the H-1 and H-2 Historic Districts was
put in place specifically to protect those areas from the sort of impact that Maple Avenue
Associates would create by demolishing the home. By re-submitting the same request, their
argument that the situation has (been) changed enough to warrant an about-face by both the ARB
and City Council violates the spirit and the intent of these protective regulations.
We in Old Southwest have worked too long and hard to sit idly while precedents are set
that would do irreversible damage to our neighborhood, our history, and the City. We sincerely
seek your agreement and ask that you uphold your original decision to save the lovely home at
1422 Maple Avenue.
Board of Directors
Paula L. Prince, President
/pip
CC;
Mayor, City of Roanoke
Roanoke City Council
Ale~,d~Gi& Hou.. · 641W~I~ui A,~m,°, S.W. · Ro~ol~ ° Vhaiai~ * 24016
Voico M,dl ' 540 $45-8794
}.
OSTER~HOUDT. FERGUSON. NATT. AHER. ON g AGEE
November 26, 1996
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Parker:
Enclosed please find the Petition for Appeal of Maple Avenue
Associates from a decision of the Architectural Review Board
rendered on November 14, 1996. I would appreciate your placing
this on Council's agenda at the appropriate time. Please confirm
the hearing date with my office prior to scheduling the matter.
Thanking you in advance for your attention to this matter, I
am
Very truly yours,
Edward A. Natt
EAN/laf
Enclosure
cc: Mr. Ernest Baker
Mr. Lin Baker
NOU-21-1995 i5:38 RORNOKE CITY PLANNING P.02
VIRGINIA:
Attachment 1
IN THE COUNCIL OF THE CITY OF ROANOKE
IN THE MATTER OF
MAPLE AVENUE ASSOCIATES, INC.
PETITION FOR APPEAL
Thim is a Petition for Appeal from a decision of the
Architectural Review Board under Section 36.1-642(d) of the
Zoning Ordinance of the Code of the city of Roanoke
(1979), as amended.
Name of the Petitioner(s): Maple Avenue Associates, Inc.
2. Doing business as (if applicable): N/A
3. Street address of property which is the subject of this
appeal: 1422 Maple Avenue~ SW
4. Overlay zoning (H-l, Historic District or H-2,
Neighborhood Preservation District) of property or
properties which is the subject of this appeal:
~-2. Neighborhood Preservation District
5. Date the hearing before the Architectural Review Board
was held at which the decision being appealed was made:
~m,,~mhmr 14. 1996
6. Section of the Code of the City of Roanoke under which
the Certificate of Appropriateness was requested from
the Architectural Review Board (Section 36.1-327, if
H-l, or Section 36.1-345, if H-2):36.1-327
7. Description of the request for which the Certificate of
Appropriateness was sought from the Architectural
Review Board: Permission to demolish the premises at 1422 Maple
Avenue, SW
Grounds for appeal: The premises has extensive physical deterioriation.
The excessive cost associated with correctin~ the physical condition of
the propertY, associated with the aKe of the house; make it economically
unfeasible to restore the property. The demolition of the structure will
not be adverse to the district or the public interest as a result of any
uniqueness or significance of the particular property. The demolition
would not have an adverse affect on the character and surrounding
environment of the district.
NOU-21-19D6 15:5D RORNOKE CITY PLRNNING P.05
e
Name, title, address and telephone n~her of person(s)
who will represent the Petitioner(s) before City
Council: Edward A. Natt, Attorney
P.O. Box p.0.'20068
Roanoke~ VA .24018-0007
WHEREFORE, your Petitioner(s) requests that the action
of the Architectural Review Board be reversed or modified
and that a Certificate of Appropriateness be granted.
Signature of Owner(s)
(If not Petitioner(s)):
Name:
(Print or Type)
Name:
(Print or Type)
signature of Petitioner (s)
or, where applicable,
representative (s):
(Print or Type)
Chairman of the Board
Name:
(Print or Type)
TO BE COMPLETED BY CITY CLERK:
Received by:
Date:
TOTAL P. 03
ROJ4NOKE
VIRGINIA CHARTEI~D 1882
Roanoke City Architectural Review Board
November 18, 1996
Mr. Ernest L. Baker
Maple Avenue Associates, Inc.
3877 South Lake Drive
Roanoke, VA 24018
Dear Mr. Baker:
Subject:
Application for Certificate of Appropriateness
Certificate No. 96-034 - 1422 Maple Avenue, S.W.
The Architectural Review Board of the City of Roanoke, Virginia, considered your
request and a Certificate of Appropriateness was denied.
Your attorney, Ed Natt, advised that the new request included two former side lots
now part of the subject property and that a Certificate of Appropriateness was being
requested which would apply to the building and the newly resubdivided parcel. After
hearing your request and public comment on the matter, the Board again denied a
Certificate of Appropriateness for demolition of the structure at 1422 Maple Avenue, S.W.
The Board determined that the architectural and historical value of the subject property had
not changed since the last application and that its decision of May 9, 1996, was still valid.
The building is architecturally significant and unique to the district; its loss would be adverse
to the streetscape, the neighborhood and the district.
If you should have any questions relative to this mattsr, please do not hesltate to
contact me at 853-2356.
Sincerely,
Evelyn S. Lander, Secretary
Roanoke City Architectural Review Board
/f
attachment
cc: Ronald H. Miller, Building Commissioner
Edward A. Natt, Attorney
Old Southwest, Inc.
Room 162 Municipal Building 215 Church Avenue, S.W.
Roanoke, Virginia 24011 (540) 981-2344
Mary F. Parker, CMC/AAE
c~y c~rk
CITY OF ROANOKE
Office of the City Clerk
8andra H. Eakin
Deputy City Clerk
December 23, 1996
File f~60-133-184
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33200-121696 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing for appropriation of funds
for an additional position in the Office of the Commonwealth's Attorney. The
aboveraferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
W. Robert Herbert, City Manager
George C. Snead, Jr., Director, Public Safety
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33200-121696.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General
Fund Appropriations, and providing for an emergency.
VVHEREAS, 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 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Judicial Administration
Commonwealth's Attorney (1-6) ............................................................
Nondepartmental
Contingency - General Fund (7) ...........................................................
Revenue
Grant-in-Aid Commonwealth
Commonwealth's Attorney (8) ...............................................................
$ 4,096,949
962,257
$ 54,356,895
299,487
$ 34,000,876
646,112
1) Regular Employee
Salaries
2) City Retirement
3) FICA
4) Hospitalization
Insurance
5) Dental Insurance
6) Disability Insurance
7) Contingency
8) Commonwealth's
Attorney
(001-026-2210-1002) $ 20,796
(001-026-2210-1105) 2,391
(001-026-2210-1120) 1,591
(001-026-221 0-1125) 954
(001-026-2210-1126) 57
(001-026-2210-1131 ) 52
(001-002-9410-2199) (6,882)
(001-020-1234-0610)
18,959
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATI'EST:
City Clerk.
Roanoke, Virginia
December 16 1996
96-605
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council
Subject: Appropriation of Additional Funds for Personal Services - Office of the
Commonwealth's Attorney
I concur with the recommendation from the Commonwealth's Attorney relative to the above
referenced subject and recommend that City Council accept the funding from the State Compensation
Board for the Assistant Attorney I position and authorize an additional position in the Office of the
Commonwealth's Attorney.
Respectfully submitted,
W. Robert Herbert
City Manager
CCl
Assistant City Manager
Budget Administrator
City Attorney
City Clerk
Commonwealth's Attorney
Director of Finance
Roanoke, Virginia
December 16, 1996
Honorable Mayor and City Council
Roanoke, Virginia
Subject: Appropriation of Additional Funds for Personal
Services
Dear Members of City Council:
I. Backqround;
The Commonwealth Attorney's 1996-97 budqet reques~
submitted to the State Compensation Board did not include
additional personnel requests.
II. Current Situation:
The Commonwealth Attorney's 1996-97 budqet as approved by
the State ComDensation Board included a new Assistant
Attorney I position at an annual salary of $34,173.
The Commonwealth Attorney's 1996-97 budqet as approved by
City Council did not provide funding for this position.
III. Issues:
A. Cost to City
IV. Alternatives:
Council accept the funding provided by the State
Compensation Board for the Assistant Attorney I position
and authorize an additional position in the Office of the
Commonwealth's Attorney.
1. Cost:
The total annual cost will be $51,681. The
city share will be $13,763, with reimbursement
from the State Compensation Board in the
amount of $37,918.
Cost for the remainder of Fiscal Year 1996-97
will be $25,841. The City share will be
$6,882, with reimbursement from the State
Compensation Board in the amount of $18,959.
city Council not accept the fundinq provided by the
State Compensation Board for the additional
Assistant Attorney I position.
1. Cost - Cost would not be an issue.
V. Recommendation:
City Council concur with alternative A, thereby allowing
for the acceptance of the additional Assistant Attorney
I position.
Accept the fundinq provided by the State
Compensation Board in the amount of $18,959 for the
Assistant Attorney I position.
Increase the revenue estimate for shared expenses -
Commonwealth Attorney (001-020-1234-0610) in the
amount of $18,959.
Authorize an additional position in the Office of
the Commonwealth's Attorney and appropriate the
Compensation Board approved funds in the amount of
$18,959 and transfer $6,882 from the General Fund
Contingency Account (001-002-9410-2199) to the
following accounts in the Commonwealth Attorney's
budget:
001-026-2210-1002
001-026-2210-1120
001-026-2210-1105
001-026-2210-1125
001-026-2210-1126
Regular Salaries $20,796
Fica 1,591
City Retirement 2,391
Medical Insurance 954
Dental Insurance 57
001-026-2210-1131 Disability Insurance 52
DSC:btw
cc:
Donald S. Caldwell
Commonwealth' s Attorney
City Manager
City Attorney
Director of Finance
Director of Administration & Public Safety
Budget Administrator
RECEIVEO
RECEIVED NOV 1 8 1996
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
c rk
8andra H. Eskin
Deputy City Clerk
December 23, 1996
File f/60-236-27-467-472
James D. Gdsso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33201-121696 emending and reordaining certain sections of
the 1996-97 School and General Fund Appropriations, providing for appropriation of $99,519.00 from
the 1996-97 Capital Maintenance and Equipment Replacement Fund; and further appropriation of
$45,250.00, for the Project Success Program. The abovereferenced measure was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Ea~n
Deputy City Clerk
SHE:sm
Attachment
pc:
Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood
Road, S. W., Roanoke, Virginia 24018
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
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33201-121696.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1996-97 School and General Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
School Fund
Aoorooriations
Education
Project Success Program (1) ..............................................................
Facilities (2-6) ......................................................................................
Revenue
Education
Project Success Program (7) ..............................................................
Non-Operating (8) ...............................................................................
General Fund
AoDrooriations
Nondepartmental
Transfers to Other Funds (9) ...............................................................
Fund Balance
Capital Maintenance and Equipment Replacement Program -
School Unappropriated (10) ................................................................
$107,487,813
83,600
1,721,816
$104,689,390
83,600
39,264,306
$ 54,463,296
54,411,652
$ 775,834
1 ) Tuition
2) Music Instrument
Replacement
3) Administrative
Technology
4) Facility Maintenance
5) Playground
Equipment
6) Stonewall Jackson
(030-060-6931-6100-0312)
(030-060-6006-6109-0821 )
(030-060-6006-6302-0826)
(030-060-6006-6681-0851 )
(030-060-6006-6681-0851 )
Furnitura/Equipment (030-060-6006-6681-0822)
7) Contributions
8) Transfer from
General Fund
9) Transfer to School
Fund
10) CMERP - School
(030-060-6931-1103)
(030-060-6000-1037)
(001-004-9310-9530)
(001-3324)
$ 45,250
28,087
2,340
55,612
3,504
9,976
45,250
99,519
99,519
(99,519)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
AI-I'EST:
' City Clerk.
DEPARTMENT OF FINANCE
CI~Y OF ROANOKE, VA.
December 16, 1996
TO: Honorable Mayor and Members of City Council
FROM: James D. Grisso, Director of Finance
SIJtklEC~. School Board Requests for the Appropriation of School Funds
and School CMERP Fund
We have reviewed the attached request to appropriate funding for the
School Board. This report will appropriate funding for one grant in the School
Fund. This grant is funded with 100% contributions.
This report also appropriates $99,519 from the School portion of the
Capital Maintenance and Equipment Replacement Program. The CMERP funds
will be used for music instrument replacement, administrative technology
computer purchases, facility maintenance, playground equipment purchases, and
the purchase of furniture and equipment at Stonewall Jackson Middle School.
This is the fifth appropriation of the School Board's FY96 CMERP funding of
$2,132,372. This will leave an unappropriated balance of $775,834.
We recommend that you concur with this request of the School Board.
Director of Finance
JDG/ICF/bls
Attachments
c: Ila Farris, Senior Accountant
.~l~~ Marsha W. Etlison, Chairman Harry F. Davis
John H. Saunders, Vice Chairman Charles W. Day
Marilyn L. Curtis Melinda J. Payne
//-Roanoke
City School Board P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
December 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 December 10 meeting, the
Board respectfully requests City Council to appropriate $99,519.00 from the 1996-97
Capital Maintenance and Equipment Replacement Fund. The funds will be used for music
instrument replacement, administrative technology computer purchases, the
replacement of facilities equipment, the purchase of playground equipment, and the
purchase of furniture and equipment at Stonewall Jackson Middle School.
The Board further requests the additional appropriation of funds for school Grant
No. 6931 - $45,250.00 for the Project Success Program to utilize contributions to
establish a joint venture between Roanoke City Public Schools, area colleges, and area
businesses.
The approval of these requests is appreciated by the School Board.
Sincerely,
Cindy H. Ramsuer, Clerk
re
cc: Mrs. Marsha W. Ellison
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L Murray
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
,j~. Wilburn C. Dibling · James D. Grisso
s. Ila Farris (with accounting details)
Excellence in Education
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Capital Maintenance and Equipment Replacement Funds
Request V
030-060-6006-6109-0821
030-060-6006-6302-0826
030-060-6006-6681-0851
030-060-6006-6681-0851
030-060-6006-6681-0822
Appropriation Unit ZD1
Music Instrument Replacement
Administrative Technology
Facility Maintenance
Playground Equipment
Stonewall Jackson Furniture/Equipment
$ 28,087.00 28.2%
2,34O.OO 2.4%
55,612.00 55.9%
3,504.00 3.5%
9,976.00 10.0%
$ 99,519.00 100.0%
The above appropriation represents the fifth request for proceeds from the 1996-97 Capital Maintenance
and Equipment Replacement Fund. The proceeds will be used for music instrument replacement,
administrative technology computer purchases, the replacement of facilities equipment, the pumhase of
playground equipment, and the purchase of furniture and equipment at Stonewall Jackson Middle
School. The amount 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 $775,834.
December 10, 1996
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Project Success Program
6931
030-060-6931-6100-0312
Appropriation Unit X90
030-060-6931-1103
Tuition $ 45,250.00 100.0 %
Contribution $ 45,250.00 100.0 %
The Project Success program will utilize contributions to establish a joint venture between Roanoke City
Schools, area colleges and area businesses. The program is designed to encourage college preparation
of eighth grade students who show academic promise but would be unlikely to consider advanced studies
without intervention. Students will participate in summer sessions of academic enrichment and will
continue to participate in expanded activities until they graduate from the school system. This additional
appropriation request represents contributions received from the private sector to support the initiative.
This is a continuing program.
December 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
December 23, 1996
File #217-467
Marsha W. EIlison, Chairperson
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Dear Ms. Ellison:
I am enclosing copy of Resolution No. 33203-121696 authorizing the School Board for the City of
Roanoke to make application for a loan from the State Literary Fund, in the amount of
$5,000,000.00, for modernizing Woodrow Wilson Middle School. The abovereferenced measure
was adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: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 Affomey
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THECOUNCILFORTHECITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33203-121696.
A RESOLUTION authorizing the School Board for the City of Roanoke to make application
for a loan from the State Literary Fund for modernizing Woodrow Wilson Middle School.
WHEREAS, the School Board for the City of Roanoke, on the 16th day of December, 1996,
presented to this Council an application addressed to the State Board of Education of Virginia for
the purpose of borrowing from the Literary Fund $$,000,000.00, for replacing the present school
building at Woodrow Wilson Middle School, to be paid in twenty (20) annual installments, and the
interest thereon at four percen~ (4%) paid annually.
BE IT RESOLVED that the application of the City School Board to the State Board of
Education of Virginia for a loan of $$,000,000.00 from the Literary Fund is hereby APPROVED, and
authority is hereby granted the said City School Board to borrow the said amount for the purpose set
out in said application.
The Council of the City of Roanoke will each year during the life of this loan, at the tune it
fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for
appropriation expenses and to pay this loan in annual installments and the interest thereon, as required
by law regulating loans from the Literary Fund.
ATTEST:
City Clerk.
MS, RYE PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.,Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 23, 1996
File #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. 33202-121696 authorizing the School Board of the City of
Roanoke to expend funds for adding to and improving the present school building at Woodrow
Wilson Middle School and declaring the City's intent to borrow to fund or reimburse such
expenditures. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: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 THECOUNCILFOKTHECITY OFROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33202-121696.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
adding to and improving the present school building at Woodrow Wilson Middle School and
declaring the City's intent to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The school board of the City of Roanoke is authorized to expend out of the City's
capital improvement fund up to $7,$00,000.00 for the cost of replacing the present school building
at Woodrow Wilson Middle School ("the Project").
2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the
City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be
incurred by the City. The maximum principal amount of debt expected to be issued for the Project
is $7,500,000.00.
3. This is a declaration of official intent under Treasury Regulation §1.150-2.
4. The City Clerk is directed to make a copy of this resolution available for public
inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty
(30) days from the date hereof until the date of issuance of the debt fi.om the proceeds of which the
expenditures for the project are to be reimbursed.
ATTEST:
City Clerk.
December 16, 1996
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
School Board Request for the Approval for State Literary
Fund Loan Application
We have reviewed the attached report requesting approval of a State
Literary Fund Loan application.
We recommend that you concur with this request of the School Board.
Director of Finance
JDG/SJ/pac
Attachments
¢: Stephen Jordan, Accountant
Roanoke
City Public Schools
Office of Assistant Superintendent for Operations
P.O. Box 13145
Roanoke, Virginia 24031
December 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 December 10 meeting, the
8oard respectfully requests City Council to approve a State Literary Fund loan application
in the amount of $5.0 million for the Woodrow Wilson Middle School reconstruction
project~ The loan application includes resolutions for architectural supervision and a sits
waiver. The debt service on the loan will increase the Board's debt service expenditure by
$450,000 in FY98-99, but no debt service liabiilty is incurred until funds are drawn
against the loan account.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Ramsuer, Clerk
Enc.
cc: Mrs. MamhsW. Elliaon Or. E. ~fa'~ Hattie
Mr. Richar~ L Kelley,'
Mr. William L Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Mr. wilburn C. Dibling
Mr. Jamee D. Grisso
Excellence in Education
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School WOOdrOw Wi!_~On Middle School Name of ~;~(,?~X-City
To T.Z STATE BOARD OF EDUCATtON,
Richmond, Virginia:
Gendemen:
The School Board for thekq[~y-City of ~C_-~C.u. 3 hereby makes application for a
loan of $ g Cl mi ] ] i c~r~ from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
1813 Carter Road, S.W.
(making permanent improvement to) a school building located at . as follows:
RoanoKe, VA 24016
(Describe briefly) Replacing a miclcllo crhnnl hHilcHng cnnc~r?ur'Pod ~n lcOCl wi~'h a n~a cfr, lirfllv-m
that wi11 accommodate 600 oupils.
1. The said building, addition, or permanent improvement described above, to be of br icg
(Type of construction, brick, frame, etc.)
will be used as a middle SChQol building, and is estimated to cost $ 7.5 mi I 1 ion.
(Elam., H. $., Comb. Elam. & H.S.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $ q: SiR.R. IR{]~ 00 .
3. There is at present a loan from the Literary Fund on this Wondrnw Wi 1 ~nn bliddl ~ gchnnl in the amount
(Building or school plant)
of $ -0-
4. The total amount of, the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loa~ is made.
5. The site on which this building, addition, or permanent improvement, will be located contains 2 acres,
of which 2 acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purpmes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quiroments, have been or will be approved by the division superintendent of ghools and the Superintendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction ar~ not followed.
(1)
·7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly)
P~rman~n'r imprnwm~nte ~r~ r~qui~d 'ch mnflerniT~ ~l~ct~ical. ~lumhing: m~rhaniral, and
s[ruc[ural componen[s of [he school; modernize cafe[eria, audiLorium and g~; and provide
handicap access [hrouqh recons[ruc[ion of presen~ building.
8. ~he p~nt tot~ ind~tedn~ of the Coun~-Ci~ for sch~I buildings is $ 30,775,125.00 , of which
$~ ~ ~d m ~e Litem~ Fund.
9. This County-Ci~ h~ not defaul~d or f~led m meet iu debt se~ice obligations ~ and when due for the
five yeah except, ~ f~llo~: N~
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
I I. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date)
Five-Year Caoital Improvement Plan, 1996
12. This loan is to be made for 20 years, and is to be paid in 20
the rate of 4 per centum .per annum, payable annually.
annual installments, with interest at
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of intermt due on any loan from the Literary Fund.
Given under my hand this the 10th day of D~c~mh~r
THE SCHOOL BOARD OF Roano]ql
Clerk.
Chairman.
SEA1.
(2)
~'- I'~ Marsha W. Eilison, Chairman Harry F. Davis
John H. Saunders, Vice Chairman Charles W. Day
Marilyn L. Curtis Melinda J, Payne
'"Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951
Brian J. Wishneff
Dr. E. Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
December 10, 1996
RESOLUTION
WHEREAS, the Roanoke City SchoOl Board has approved the design plans for
Woodrow Wilson Middle School and actual construction ia scheduled to proceed in June,
1 997; and
VVHEREAS, Stats Literary Fund Loan regulations require that professional
supervision be provided by the School Board for all projects funded by Litsrary Fund loans.
THEREFORE, BE IT RESOLVED that the Roanoke City School Board agrees to retain
professional services (the architectural firm of Rife & Wood) to supervise the addition and
improvements to Woodrow Wilson Middle School.
E. Wayne I-~rris, Ed.D., Superintsndent
Maraha W. Ellison, Chairman
Excellence in Education
-~J~'~ Marsha W. Ellison, Chairman Harry F. Davis
John H. Saunders, Vice Chairman Chades W. Day
Marilyn L. Curtis Melinda J. Payne
,.-Roanoke
City School Board P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951
Brian J, Wishneff
Dr. E. Wayne Hards, Supedntenclent
Cindy H. Ramsuer, Clerk of the Board
December 1 O, 1996
RESOLUTION
WHEREAS, the Roanoke City School Board has undertaken a project to improve
Woodrow Wilson Middle School; and
WHEREAS, Woodrow Wilson Middle School is located on approximately 2.0 acres of
property and the state requirement for a school of this size is twenty acres; and
VVI-IEREAS, Woodrow Wilson Middle School is located within a densely populated
residential area of the City and the acquisition of additional real estate for the school ia not
feasible; and
. WHEREAS, the School Board will ensure that appropriate bus boarding zones are
included in the building plane; and
VVHEREAS, Woodrow Wilson Middle School has the use of a City park for outdoor
recreation activities adjacent to the school:
THEREFORE. BE IT RESOLVED that the School Board of the City of Roanoke, Virginia
.requeste the State Department of Education to grant a site waiver for the addition and
,mprovemente to Woodrew Wilson Middle School.
E. Wayne I-~rris. Su' peHntendent
Mareha W. Ellieon, Chairman
Excellence in Education
Roanoke
City Public Schools
Office of Assistant Superin~ndent for Operations
P.O. Box 13145
Roanoke, Virginia 24031
December 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 December 10 meeting, the
Board respectfully requests City Council to approve a State Literary Fund loan application
in the amount of $5.0 million for the Woodrow Wilson Middle School reconstruction
project. The loan application includes resolutions for architectural supervision and a site
waiver. The debt service on the loan will increase the Board's debt service expenditure by
$450,000 in FY98-99, but no debt service liability is incurred until funds are drawn
against the loan account.
The Board appreciates the approval of this request.
Sincerely,
Cindy H. Ramsuer, Clerk
re
Eric.
cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
Mr. Wilburn C. Dibling
Mr. James D. Grisso
Excellence in Education
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School Noodro':! Wi!se~ ~idd!~ $che-"! Name of ~(~)¢}{-City Roa~okO
To TI{E STATE BOARD OF '~,DUC, ATION,
Richmond, Virginia:
C, ent]emen:
The School Board for theX(~q~gy-City of .... ~'~ hereby makes application for a
loan of $ ~ fi milllc~n __ from the Litera.,-y Fund of Virginia for the purpose of erecting, enlarging, or altering
1813 Carter Road, S.W.
(making permanent improvement to) a school building located at Roanoke, VA 24015 , as follows:
that will accommodate 600 oupils.
1. The said building, addition, or permanent improvement described above, to be of __
(Type of construction, brick, frame, etc.)
will be used as a middle school building, and is estimated to cost $ 7.5 mi 11 ion
(Elem, H. S., Comb. Elem. & H.S.)
2. The total estimated value of thc existing school plant, including site, plus the proposed building addition, or perma-
nent improvement thereto, is $ q: 8fi8: 8C~Cl C1{3 .
3. There is at present a loan from the Literary Fund on this .~[oodrow Wi l~;cm Mlddtp C, rhnnl in the amount
(Building or school plant)
of $ -0-
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this building, addition, or permanent improvement, will be located contains 2 acres,
of which 2 acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construction is beg~n. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
7. The proposed building, addition, or permanentimprovement, is desirable because: (Explain briefly)
P~rman~nt imprnv~m~nt~ ar~ roquir~d tn mnd~rniT~ ~l~ctrical. pl,mhing, m~chaniral, and
structural components of the school; modernize cafeteria, auditorium and gym; and provide
handicap access throuqh reconstruction of present buildin§.
8. The present total indebtedness of the County-City for school buildings is $ 30,775,125.00 , of which
$ 3.812.000.00 is owed to the Literary Fund.
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past
five years except, as follows: None
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with
the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date}
Five-Year Capital Im_Drovement Plan, 1996
12. This loan is to be made for 20 years, and is to be paid in 20 annual installments, with interest at
the rate of 4 per centum per annum, payable annually.
.1:3. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application},
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit-
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of interest due on any loan from the Literary Fund.
Given under my hand this the lOth day of D~comh~r ,19 c/fi ,
THE SCHOOL BOARD OF Roanoke
SEM.
'~[~1~ Marsha W. Ellison, Chairman Harry F. Davis
John H. Saunders, Vice Chairman Charles W. Day
Marilyn L. Curtis Melinda J. Payne
/,..-Roanoke
Ci , School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951
Brian J. Wishneff
Dr. E, Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
December 10, 1996
RESOLUTION
WHEREAS, the Roanoke City School Board has approved the design plans for
Woodrow Wilson Middle School and actual construction is scheduled to proceed in June,
1997; and
VVHEREAS, State Literary Fund Loan regulations require that professional
supervision be provided by the School Board for all projecta funded by Literary Fund loans.
THEREFORE, BE IT RESOLVED that the Roanoke City School Board agrees to retain
professional services (the architactural firm of Rife & Wood) to supervise the addition and
improvementa to Woodrow Wilson Middle School.
E. Wayn~e~rris, Ed.O., Superintendent
Marsha W. Ellison, Chairman
Excellence in Education
.~ Marsha W. Ellison, Chairman Harry F. Davis
John H. Saunders, Vice Chairman Charles W. Day
Marilyn L Curtis Melinda J. Payne
//-Roanoke
City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951
Brian J. Wishneff
Dr. E, Wayne Harris, Superintendent
Cindy H. Ramsuer, Clerk of the Board
December 10, 1996
RESOLUTION
WHEREAS, the Roanoke City School Board has undertaken a project to improve
Woodrow Wilson Middle School; and
WHEREAS, Woodrow Wilson Middle School is located on approximately 2.0 acres of
property and the state requirement for a school of this size is twenty acres; and
WHEREAS, Woodrow Wilson Middle School is located within a densely populated
residential area of the City and the acquisition of additional real estate for the school is not
feasible; and
~ WHEREAS, the School Board will ensure that appropriate bus boarding zones are
included in the building plane; and
WHEREAS, Woodrow Wilson Middle School has the use of a City park for outdoor
recreation activities adjacent ta the school:
THEREFORE, BE IT RESOLVED that the School Board of the City of Roanoke, Virginia
requeste the State Oepartment of Education to grant a site waiver for the addition and
improvemente to Woodrow Wilson Middle School.
E. Wayn'e~'~rris, Superinte n de nt
Marsha W. Ellison, Chairman
Excellence in Education
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 23, 1996
File ;~20-77-200-450-455.514
M. Scott Hollis
Urban Engineer
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Dear Mr. Hollis:
I am enclosing copy of Resolution No. 33205-121696 authorizing execution of an agreement
between the City and the Commonwealth of Virginia Department of Transportation relating to the
construction phase of the 1-581 Interchange at Valley View Boulevard - Phase I, Project No.
(FO)0581-128-108, PE-101, RW-201, C-501, upon certain terms and conditions. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Gdsso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Chades M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Diane S. Akere, Budget Administrator, Office of Management and Budget
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 1996.
No. 33205-121696.
A RESOLUTION authorizing the execution of an agreement between
the City and the Commonwealth of Virginia, Department of
Transportation, said agreement relating to the construction phase
of the 1-581 Interchange at
Project No. (FO)0581-128-108,
terms and conditions.
Valley View Boulevard Phase I,
PE-101, RW-201, C-501; upon certain
BE IT RESOLVED by the Council of the City of Roanoke that the
City Manager or Assistant City Manager, and the City Clerk are
hereby authorized, on behalf of the City to execute, seal and
attest, respectively, in form approved by the City Attorney, the
agreement between the City and the Commonwealth of Virginia,
Department of Transportation, attached to the City Manager's report
dated December 16, 1996, to this Council, said agreement
establishing certain duties and obligations in connection with the
construction phase of the 1-581 Interchange at Valley View
Boulevard - Phase I, Project No. (FO)0581-128-108, PE-101, RW-201,
C-501, upon certain terms and conditions, as more specifically set
forth in the City Manager's report dated December 16, 1996, to this
Council.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33204-121696.
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 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 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADDrODrtatJone
Streets and Bridges
1-581 Interchange (1) ............................................................................
Capital Improvement Reserve
Public Improvement Bonds - Series 1996 (2) .......................................
$13,003,357
50,000
$ 20,371,731
17,588,076
1) Appropriated from
Bond Funds (008-052-9545-9001)
2) Streets and Sidewalks (008-052-9701-9191)
(50,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
December 16, 1996
No. 96-177
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council
SUBJECT: 1-581 Interchange Agreement between
Virginia Department of Transportation and City
I. Background:
ae
1-581 interchanqe improvements were endorsed by Roanoke
City council on March 18, 1996 (resolution No. 32856-
031896). The Virginia Department of Transportation
(VDOT) subsequently included projects in its Six-Year
Improvement Program for a partial interchange on 1-581
approximately one mile south of Hershberger Road (initial
phase) and a full-interchange with parallel access roads
(ultimate phase). Council had previously approved
$5 million for the 1996 Bond Issue for construction of
the partial interchange.
Federal Highway Administration officially notified the
VDOT on August 23, 1996 of its approval of the new
interchange access, thereby enabling the City of Roanoke
to proceed with project development.
II. Current situation:
ao
Project plans and any right-of-way acquisition will be
handled by the City. Construction bidding and
administration can be handled by the Virginia Department
of Transportation (VDOT). All details of project
responsibilities are described in the attached
recommended agreement, including the need to meet VDOT
requirements that pertain to the preliminary engineering
and right-of-way phases.
Ail costs incurred by VDOT, including items such as plan
review, preparation of the required environmental
document, construction administration and project
inspection, would be reimbursed by the City to VDOT. It
is estimated that plan review and environmental document
services would not exceed $50,000. Construction
administration, materials testing, surveying and
inspection services are preliminarily estimated to cost
$750~000 (based upon 15 percent of the previously
estimated $5,000,000 construction cost).
Mayor Bowers and Members of Council
No. 96-177
Page 2
December 2, 1996
III. Issues:
A. Project implementation
B. Cost
C. Schedule
IV. Alternatives:
City Council authorize the City manager to enter into an
agreement with the Virginia Department of Transportation
providing for the State to administer the construction
phase of the project.
Project implementation would be best served by
agreeing to have VDOT handle construction
administration.
Fundinq needed to be established at this time is
$50~000 for payments to VDOT for plan review and
preparation of environmental document. Funds for
assistance during the construction phase will be
determined once construction bids are received.
Schedule for project completion, which has not been
fully determined at this time, will only be
enhanced by VDOT's participation as construction
administrator.
City Council not authorize the City manager to enter into
an agreement with the Virginia Department of
Transportation providing for the State to administer the
construction phase of the project.
Project implementation and coordination would still
need to be agreed upon for plan reviews during
preliminary engineering phase, but would become
considerably more difficult if administration is
not provided by VDOT.
Fundinq for project would still be needed for plan
review and preparation of environmental document.
Costs associated with construction administration
and inspection could be higher if not provided by
VDOT.
Mayor Bowers and Members of Council
No. 96-177
Page 3
December 2, 1996
3. Schedule for project completion would likely
require more time if VDOT is not administering
construction.
Recommendation is that City Council approve Alternative "A"
and:
Authorize the City Manager to enter into an agreement
with the Virginia Department of Transportation, in form
approved by the City Attorney and providing for the State
to administer the construction phase of the project.
Bo
Transfer $50,000 from the Streets and Sidewalks Category
of the 1996 Bond Issue (Account Number 008-052-9701-9191)
to a new account entitled "I-581 Interchange".
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/RKB/gpe
Attachment
copy: Director of Finance City Attorney
Director of Public Works
Director of Utilities & Operations
City Engineer
Office of Management & Budget
Traffic Engineer
Construction Cost Technician
Accountant, Contracts & Fixed Assets
AGREEMENT FOR THE DEVELOPMENT AND ADMINISTRATION
OF 1-581 INTERCHANGE - VALLEY VIEW BOULEVARD
BETWEEN VIRGINIA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF ROANOKE
THIS AGREEMENT, made and executed in triplicate aa of this day of
., 1996, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF
TRANSPORTATION, hereinafter called CVDOT") and the CITY OF ROANOKE, a
municipal corporation of the Commonwealth of Virginia, hereinafter called tile ("City").
WHEREAS, the City and VDOT have mutually agreed to the addition of a
interchange on 1-581 for the extension of Valley View Boulevard, and this Agreement only
includes the interchange at 1-581 hereinafter called the, "Project"; and
WHEREAS, tile City desires to administer the design, acquire all right of way and
have all utilities relocated for the project through its capabilities and/or those of its agents
pursuant to the applicable provisions of the Code of Virginia, and
WHEREAS, the benefits of the project will inure to VDOTi the City and owners of
all property lying in the vicinity of the project and will secure and promote the health, safety,
and general welfare of the citizens of the City of Roanoke and the traveling public; and
WHEREAS, VDOT has adopted a Six Year Improvement Program for Fiscal Years
1996-97 through 2001-2002 for interstate highways, which includes an improvement project
in the City, known as 1-581 Interchange at Valley View Boulevard - Phase 1, Project No.
(FO)0581-128-108, PE-101, RWq201, C-501, and
WHEREAS, VDOT has secured access approval for the Project by l_etter dated
August 23, 1996 from FHWA, and
WHEREAS, the City agrees that it would be in their best interest to have the
construction contract administered by VDOT; and
WHEREAS, no federal or VDOT funds will be used for the preliminary engineering,
right of way acquisition or construction costs. This does not exempt the City from having
the plan reviewed by both the Federal Highway Administration (FHWA) and VDOT
throughout the project development.
NOW THEREFORE, for and in consideration of the premises and mutual covenants
and other conditions herein stipulated to be kept and performed, it is agreed by the parties
hereto as follows:
A. City will:
l)
2)
Through its consnltant, develop and provide plans in accordance with
VDOT's current Road and Bridge Standards and Specifications and
policies for the proposed project so VDOT can award a contract for the
construction of the "Project".
Locate potential contanfinated and/or hazardous waste sites during the
early plan development stage and discuss the presence of these sites and
design alternatives with VDOT. Once contamination is determined to
exist, whether obvious or established through testing, the City' shall
notify the appropriate regulatory agency when required to do so by law.
Conduct detailed studies such as site characterization to determine the
length of time required for clean-up. If the purchase of property is
anticipated, the first option is to pursue remediation by the property
2
3)
4)
5)
6)
7)
8)
owner(s) through the appropriate agencies.
Submit to VDOT preliminary engineering plans for review and
approval before the Project is designed for the Field Inspection stage.
Submit the "Project" plans to VDOT at the 60 percent completion stage
for review and comments.
Coordinate the "Project" with property owners in the project area and
advertise and conduct a location and design public hearing on the
Project in accordance with VDOT policy
Complete the plans for right of way acquisition and acquire title to all
right of way needed for Phase 1, the "Project", in the name of the City
by purchase or by eminent domain. All right of way for the Project
along 1-581 to be limited access right of way and is to be
transferred to VDOT 30 days before advertisement of the project by
VDOT.
Abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended,
in the acquisition of rights-of-way for the "Project" and follow the
policy and procedures outlined in Section 702.02 of the Depart~nent's
Right of Way Manual, which are iacorporated by reference.
Provide relocation assistance to those whose property is acquired for
the "Project" in conformance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended. (49
CFR Part 24)
9) Maintain all appraisals, negotiatiou reports, relocation assistance files,
closing statements, eminent domain records and the like for a period of
three (3) years after completion of the "Project".
10) Coordinate and authorize all utility relocations for the "Project"
11) Pay 100 percent of all costs of the "Project" including the
reimbursement to VDOT for the actual cost incurred by VDOT for the
reviews, the advertisement and the inspection' of the "Project".
12) Pay to VDOT upon receipt of VDOT's invoice, the actual cost stated in
B-10 of this agreement. Such payments shall be made within forty-five
(45) days of receipt of the VDOT's progress bill.
13) Secnre City Council approval of the construction contract before VDOT
can proceed to award the contract.
14) Have the right to review and inspect any construction within the Project
limits. All communication between the City and the contractor shall
only be through VDOT.
VDOT will:
1) Review each phase of the Project and respond in an expeditious manner
to the request from the City.
2) Provide the necessary assistance to coordination with the FHWA and
other appropriate Federal and State agencies; and provide assi'stance
and guidance to the City relative to environmeutal documentation and
coordination as is appropriate.
4
3)
4)
5)
6)
7)
8)
Work with the City on the scheduling of the project.
Provide Environmental docnment and secnre all necessary permits for
the construction of the Project as needed
Administer, supervise and inspect the construction of the Project
through final acceptance, in accordance with the design plans, contract
specifications or any modifications thereto.
Procnre, in conformance with the applicable provisions of the Virginia
Public Procurement Act, a contractor to constrnct the Project. VDOT
agrees to provide the City with all bid docnments, inclnding copies of
the bid advertisement, the engineer's estimate, and all bids received,
and the Department will not award a contract to construct the project
nntil the City has reviewed and approved the bid and the contractor.
The City and VDOT, through the Resident Engineer, shall mutually
agree npon the need for additional work to be added to the contract.
Contract change orders will be approved in writing by the City and
VDOT, prior to the commencement of any work, except in the case of
emergency and/or when the time involved in the execution of a change
order would prove costly or detrimental to the City and VDOT.
Receive City approval of any claims prior to settlement. VDOT will
furnish the City with a copy of all notices of intent to file a claim and a
copy of any claim that is filed upon the completion and acceptance of
the contract. Upon receipt of a claim, VDOT shall within 30 days
5
9)
11)
transmit the claim and its position to the City through VDOT's
Resident Engineer. This is not to mean that face-to-face meetings or
discussions concerning the claim cannot occur prior to that time.
VDOT's Chief Engineer will determine whether the claim is valid and
which part or parts have merit. He will advise the City of VDOT's
decision at least ten days prior to the time VDOT is required to
commnnicate tile decision to tile contractor. If tile contractor does not
accept the Chief Engineer's offer, and requests a hearing before the
State Transportation Commissioner, then the hearing will be held
jointly with the contractor, tile City and VDOT according to Section
105.16 of the Specifications. The Commissioner will apprise the City
of his position on the claim prior to notifying the contractor.
Maintain accnrate construction records of all costs and expenses
incurred for the project and documentation of all expenses for which
reimbursement will be requested, and make soch records available for
inspection and/or audit by tile City.
Submit to the City on a monthly basis a certification of all project
expenses incurred and paid for during the preceding month for
construction. The final billing shall be made on the basis of actual
cost, reconciling any differences with previously billed amounts.
If tile City disapproves the bid, the City may request VDOT to either
(i) readvertise the project for bid, or (ii) terminate further action on the
project.
6
Co
Go
12) If the bid is not approved, pay VDOT within thirty (30) days of the
receipt of the final bill from VDOT for the cost incurred for work
performed under this agreement.
All applicable federal, state and local regnlations shall apply to all work
performed on the Project inclnding consnltant services contracts.
City agrees to comply with Title VI of the Civil Rights Act of 1964 and the
Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376
of the Code of Virgina (1950), as amended, to the extent that these laws may
be applicable, and with all othe applicable laws.
In the event of a request by the City to cancel the project initiated under this
agreement prior to its completion, VDOT will be reimbursed by the City for
all funds expended on the project.
Nothing herein shall be constrned as creating any personal liability oi~ the part
of any officers, officials, employees, agents, or representatives of the parties,
nor shall it be constr~ed as giving any rights or benefits to anyone other than
the parties to this agreement.
This Agreement whall be binding upon the parties hereto, and their respective
successors and assigns.
APPROVED AS TO FORM:
AssismntCity Attorney
By
Date
CITY OF ROANOKE
By
City Manager
APPROVED AS TO EXECUTION:
Assistant City Attorney
By
Date
ATTEST:
By
City Clerk
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
By
Authorized Agent
APPROVED
Fiscal Division (VDOT)
By
Date
Office of Attorney General
By
Date
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 23, 1996
File #20-77-200-405-450-455-514
Stewart W. Hubbell
Vice President
Mattem & Craig, Inc.
701 First Street, S. W.
Roanoke, Virginia 24011
Dear Mr. Hubbell:
I am enclosing copy of Resolution No. 33207-121696 authorizing execution of an agreement with
Mattern & Craig, Inc., in an amount not to exceed $500,000.00, for preparation of plans and
engineering services needed to construct a new interchange on 1-581 that will connect with an
extension of Valley View Boulevard. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
W. Robed Herbert, City Manager
Wilbum C. Dibling, Jr., City Attomey
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
William L. Stuart, Manager, Streets and Traffio
Robert K. Bengtson, Traffic Engineer
Ellen S. Evans, Construction Cost Technician
Dolores C. Daniels, Assistant to City Manager for Community Relations
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THECOUNC]LOFTHECITY OF ROANOKE, VIRGINL~
The 16th day of December, 1996.
No. 33207-121696.
A RESOLUTION authorizing the execution of au agreement with Mattem & Craig, Inc., for
the preparation of plans and engineering services needed to construct a new interchange on 1-581
that will connect with an extension of Valley View Boulevard.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized,
for and on behalf of the City, to execute and attest, respectively, an agreement with Mattem & Craig,
Inc., for the preparation of plans and engineering services needed to construct a new interchange on
1-581 that will connect with an extension of Valley View Boulevard, as more particularly set forth
in the December 16, 1996, report of the City Manager to this Council.
2. The contract amount authorized by this resolution shall not exceed $500,000.
3. The form of the contract shall be approved by the City Attorney.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
cay C;erk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File #20-60-77-200-405-450-455-514
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Gdsso:
I am attaching copy of Ordinance No. 33206-121696 amending and reordaining certain sections of
the 1996-97 Capital Projects Fund Appropriations, providing for transfer of $550,000.00, in
connection with construction of a new interchange on 1-581 that will connect with an extension of
Valley View Boulevard. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Ellen S. Evans, Construction Cost Technician
Dolores C. Daniels, Assistant to City Manager for Community Relations
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33206-121696.
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 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 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ApprooHations
Streets and Bridges
1-581 Interchange (1) ...............................................................................
Capital Improvement Reserve
Public Improvement Bonds - Series 1996 (2) ..........................................
$13,553,357
600,000
$19,821,731
17,038,076
1) Appropriated from
Bond Funds (008-052-9545-9001)
2) Streets and Sidewalks (008-052-9701-9191)
$ 550,000
(550,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
A'I-I'EST:
City Clerk.
December 16, 1996
No. 96-169
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: 1-581 Interchange Consultant Selection
I. Backqround:
1-581 interchanqe improvements were endorsed by Roanoke
City Council on March 18, 1996 (Resolution No. 32856-
031896). The Virginia Department of Transportation
(VDOT) subsequently included projects in its Six-Year
Improvement Program for a partial interchange on 1-581
approximately one mile south of Hershberger Road (initial
phase) and a full-interchange with parallel access roads
(ultimate phase). Council had previously approved
$5 million for the 1996 Bond Issue for construction of
the partial interchange.
Bo
Federal Hiqhway Administration officially notified the
VDOT on August 23, 1996 of its approval of the new
interchange access, thereby enabling the City of Roanoke
to proceed with project development.
II. Current situation:
ao
Enqineerinq Services Qualification Proposal for complete
plans for this project were publicly advertised and
received from:
Dewberry & Davis
Mattern & Craig
Wilbur Smith Associates
Selection of firms for consideration includes the
following criteria:
2.
3.
4.
Specialized experience and technical competence.
Capacity to accomplish work on time.
Familiarity with project conditions.
Quality control practices.
Interviews were held with all three (3) firms. Staff
team included Charles M. Huffine, P.E., City Engineer,
Philip C. Schirmer, P.E., Civil Engineer, and
Robert K. Bengtson, P.E., Traffic Engineer.
Mayor Bowers and Members of Council
No. 96-169
Page 2
December 16, 1996
Negotiations were conducted with the most qualified firm
(Mattern & Craig, Inc.) for the necessary project plans.
Scope of work to be performed includes all necessary
surveys, subsurface exploration, and design services to
complete plans and specifications to award a contract for
construction of the partial interchange. At this time,
a separate agreement is being developed by which
Faison Associates would be responsible for construction
of the Valley View Boulevard Extension.
Fee for engineering services has been negotiated with
Mattern & Craig, Inc. A lump sum contract not to exceed
$500,000 has been developed for the scope of work.
III. Issues:
A. Inclusion of proper work scope
B. Ability to meet time schedules
C. Reasonableness of fee
D. Fundinq
IV. Alternatives:
Award engineering services agreement to Mattern & Craig,
Inc. in an amount not to exceed $500~000 for development
of project plans, and establish a contingency of $50~000.
1. Inclusion of proper work scope has been reviewed
and verified.
Ability to meet time schedule has been reviewed and
verified.
Reasonableness of fee has been established through
negotiation in accordance with the scope of work.
4 o
Fundinq in the amount of $5,000,000 is available
from the Streets and Sidewalks Category of the 1996
General Obligation Bonds.
Mayor Bowers and Members of Council
No. 96-169
Page 3
December 16, 1996
Do not award engineering services agreement to
Mattern & Craig, Inc. in an amount not to exceed $500~000
for development of project plans.
Inclusion of proper work scope would have to be
deferred to the City or other consultants.
2. Ability to meet time schedule would be jeopardized.
3. Reasonableness of fee cannot be assured.
4. Fundinq would remain in the current account.
Recommendation is that City Council concur in Alternative A,
and take the following specific actions:
Execute a contract, in a form acceptable to the City
Attorney, with Mattern & Craig, Inc. in an amount not to
exceed $500,000 for the preparation of plans needed to
construct a new interchange on 1-581 that will connect
with an extension of Valley View Boulevard, and establish
a contingency of $50,000.
Transfer $550~000 from the Streets and Sidewalks Category
of the Bond Issue (Account No. 008-052-9701-9191) to a
new account entitled "I-581 Interchange".
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:RKB:gpe
copy: City Attorney
City Clerk
Director of Finance
Director of Public Works
City Engineer
Assistant to City Manager for Community Relations
Construction Cost Technician
Accountant, Contracts & Fixed Assets
Budget Administration
Manager, Office of Supply Management
Traffic Engineer
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
December 23, 1996
File #27-58-169-178-207-223-236
SANDRA H. EAKIN
Deputy City Clerk
Jeanne Sanborn, Agent
Real Estate and Contract Services
Norfolk Southern Corporation
110 Franklin Road, S. E.
Roanoke, Virginia 24042-0059
Dear Ms. Sanborn:
I am enclosing copy of Ordinance No. 33208-121696 approving and authorizing execution of an
agraement with the Norfolk and Westem Railway Co., for installation of a sanitary sewer line across
property ov~ed by the railroad in connection w~th the Deanwood Industrial Park Project, upon certain
terms and conditions. The aboveraferanced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Chades M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Dolores C. Daniels, Assistant to City Manager for Community Relations
Vickie S. Tregubov, Grants Compliance Monitor
Diane S. Akers, Budget Administrator, Office of Management and Budget
Phillip F. Sparks, Chief, Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of December, 1996.
No. 33208-121696.
VIRGINIA,
AN ORDINANCE approving and authorizing execution of an
agreement with the Norfolk and Western Railway Company for a permit
to allow installation of a sanitary sewer line across property
owned by the railroad in connection with the Deanwood Industrial
Park Project; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or Assistant City Manager and City Clerk
are hereby authorized to execute and attest, respectively, on
behalf of the City, in form approved by the City Attorney, a permit
agreement with the Norfolk and Western Railway Company for
installation of a sanitary sewer line across property owned by the
railroad in connection with the Deanwood Industrial Park Project,
upon the terms and conditions contained in the report to this
Council dated December 16, 1996.
2. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
December 16, 1996
Council Report No. 96-180
Dear Members of City Council:
Subject:
DEANWOOD INDUSTRIAL PARK
RAILROAD PERMIT
Deanwood Industrial Park is located off Hollins Road, N.E., and is being
developed by the Roanoke Redevelopment and Housing Authority (RRHA)
with the assistance of the City.
Subdivision of the orioinal tract resulted in five 15) sites. Two of the five
(5) are currently occupied and access to sanitary sewer is provided to an
existing sewer located in Hollins Road.
II. Current Situation:
The elevation of the sewer on Hollins Road is too hioh to orovide o_ravitv
sewer to the two 12) westerly sites: therefore, a new service must be
extended under the Norfolk-Southern Railroad in a westerly direction to
orl existin_o sanitary sewer. The crossing under the railroad requires a
Railroad Permit from Norfolk-Southern Railroad, (see attached proposed
Agreement).
Railroad [~ermit from Norfolk Southern is reouired for the proposed sewer
extension. (See attached agreement.)
III. Issues in order of importance are:
A. Indemnification
B. Cost
C. Fundina
D. Timino
Honorable Mayor and Members
of City Council
RE: DEANWOOD INDUSTRIAL PARK
RAILROAD PERMIT
Page 2 of 3
December 16, 1996
IV. Alternatives are:
Avthorize the City Manaoer to execute a Railroad Permit with Norfolk-
Southern Railroad for the Deanwood Industrial Park in a form approved
by the City Attorney.
~ by the City to the railroad to the extent the Virginia
Law allows is required by the Permit. The contractor constructing
the proposed sewer will be required to provide adequate insurance
naming the City of Roanoke as an additional insured·
Cost of permit is limited to a one time fee of $1,600.00 plus
$350.00 for Railroad Protective Liability Insurance· The City will be
responsible for paying a contractor to bore or tunnel under the
railroad·
Fundino for the permit is available in account number 035-094-
9430-5020.
4. Timing could become critical if one of the affected lots is sold, and
the owner wishes to expedite the construction of their facility.
D~ I~ot authorize the City Manaoer to execute a Railroad Permit for the
Deanwood Industrial Park·
Ir~emnification will still be an issue with Norfolk-Southern at a later
date.
2. Cost to the City would be subject to future negotiations.
Funding would be subject to the future sale of lots in the Deanwood
Industrial Park·
Timing could become critical based on the sale and development of
one of the remaining sites.
Honorable Mayor and Members
of City Council
RE: DEANWOOD INDUSTRIAL PARK
RAILROAD PERMIT
Page 3 of 3
December 16, 1996
V. Recommendation is that City Council take the following action:
Ao
Authorize the City Manaoer to execute a Railroad Permit with Norfolk-
Southern in a form approved by the City Attorney with a fee of
~1600.00 plus $350.00 for Railroad Protective Liability Insurance to be
paid from C0mmunitv Development Block Grant program income for the
Deanwood Industrial Park Account #035-094-9430-5020.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/DWD/fm
Attachment
CC.'
City Attorney
City Clerk
Director of Finance
Director of Public Works
Grants Monitoring Administrator
Assistant to City Manager for Community Relations
Chief of Economic Development
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
THIS AGREEMENT, made and entered into by and between
NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia corporation,
hereinafter styled "Railway"; and
CITY OF ROANOKE, VIRGINIA, an instrumentality of
goverument, hereinafter styled "Licensee":
WI TNES SETH
WHEREAS, Licensee proposes to install, maintain, operate and
remove an 8-inch sewer pipeline in a 12-inch casing pipe, under and
across the right of way or property and any tracks of Railway, at
Milepost H 238.02, Valuation Station 80+28~, at or near ROANOKE,
Virginia,--to be located with any ancillary appurtenances as shown on
print of Drawing marked Exhibit A, dated April 2, 1994, attached hereto
and made a part hereof (hereinafter called "Facilities");
NOW, THEREFORE, for and in consideration of the payment of a
non-refundable lump sum fee of ONE THOUSAND SIX HUNDRED AND NO/100
DOLLARS ($1,600.00) and of the covenants hereinafter made, Railway
hereby permits and grants Licensee, insofar as Railway has the right to
do, without warranty and subject to all encumbrances, covenants and
easements to which Railway's title may be subject, the right to use and
to occupy so much of Railway's property as may be necessary for the
Facilities, upon the following terms and conditions:
1. Licensee will construct and maintain the Facilities, at
its expense, in such a manner as will not interfere with the operations
of Railway or endanger persons or property of Railway, and in accordance
with (a) plans and specifications (if any) shown on said print(s) and
any other specifications prescribed by Railway, (b) applicable
governmental regulations or laws, and (c) applicable specifications
adopted by the American Railway Engineering Association when not in
conflict with plans, specifications or regulations mentioned in (a) and
(b) above.
2. Insofar as the law of the Commonwealth of Virginia
permits, Licensee hereby agrees to indemnify and save harmless Railway,
its officers, agents and employees, from and against any and all
liability, claims, losses, damages, expenses (including attorney's fees)
or costs for personal injuries (including death) and/or property damage
to whomsoever or whatsoever occurring which arises in any manner from
the installation, maintenance, operation, presence or removal or the
failure to properly install, maintain, operate or remove the Facilities,
unless such losses, damages or injuries shall be caused solely by the
negligence of Railway.
3. Licensee assumes all responsibility for any
environmental obligations imposed under applicable laws, regulations or
ordinances relating to the installation of the Facilities and/or to any
contamination of any property, water, air or groundwater arising or
resulting from Licensee's permitted operations or uses of Railway's
property pursuant to this Agreement. In addition, Licensee shall obtain
any necessary permits to install the Facilities. Insofar as the law of
the Commonwealth of Virginia permits, Licensee agrees to indemnify and
hold harmless Railway from and against any and all liability, fines,
penalties, claims, demands, costs (including attorneys' fees), losses or
lawsuits brought by any person, company or governmental entity relating
to contamination of any property, water, air or groundwater due to the
use or presence of the Facilities. It is agreed that this indemnity
provision extends to any cleanup costs related to Licensee's activities
upon Railway's property and to any costs related to cleanup of the
Facilities or to other property caused by the use of the Facilities.
4. (a) Prior to commencement of installation or
maintenance of the Facilities or entry on Railway's property, Licensee
or its contractor shall procure and maintain during the course of said
installation or maintenance, a policy of general liability insurance,
containing products and completed operations and contractual liability
coverage, with a combined single limit of not less than $1,000,000 for
each occurrence. Licensee or its contractor also shall procure and
maintain during the course of said installation, maintenance or entry on
Railway's property a Railroad Protective Liability Insurance Policy with
Railway as the named insured and having a combined single limit of
$2,000,000, each occurrence, and $6,000,000 in the aggregate. The
insurance required herein shall be of such form and content as may be
acceptable to Railway. Evidence of such insurance (a certificate of
insurance for the general liability insurance policy and the original
policy of Railroad Protective Liability Insurance) must be furnished to
and approved by the Manager Insurance, Norfolk Southern Corporation, 110
Franklin Road, S. E., Roanoke, Virginia 24042-0022, prior to
commencement of installation or maintenance of the Facilities or entry
on Railway's property.
(b) The insurance required herein shall not limit the
liability assumed by the Licensee under this Agreement.
(c) In lieu of the insurance requirements above,
Licensee may provide to Railway a certificate of self-insurance in such
amounts and in such form as are satisfactory to Railway.
5. The details of the Facilities to be installed and
maintained shall be at the option of Licensee, and subject to the
approval of the chief engineering officer of Railway. In case of
failure of Licensee to do the work as herein specified, Railway reserves
the right to remove the Facilities from Railway's premises at the
expense of Licensee, and to terminate this Agreement upon ten (10) days'
written notice.
6. If Railway shall make any changes, alterations in or
additions to the line, grade, tracks, structures, roadbed, installations
or works of Railway at or near the Facilities, Licensee shall, at its
own cost and expense, upon thirty (30) days' notice in writing from
Railway, make such changes in the location and character of the
Facilities as, in the opinion of the chief engineering officer of
Railway, shall be necessary or appropriate to accommodate any
construction, improvements, alterations, changes or additions of
Railway.
7. Licensee will notify Railway prior to the installation
and placing in service of cathodic protection in order that tests may be
conducted on Railway's signal, communications and other electronic
systems for possible interference. If the Facilities cause degradation
of the signal, communications or other electronic facilities of Railway,
Licensee, at its expense, will relocate the cathodic protection and/or
modify the Facilities to the satisfaction of Railway so as to eliminate
such degradation. Such modifications may include, without limiting the
generality of the foregoing, providing additional shielding, reactances
or other corrective measures deemed necessary by Railway. This
provision applies to the existing signal, communications and electronic
equipment of Railway and to any signal, communications or electronic
equipment which Railway may install in the future.
8. If Licensee fails to take any corrective measures
requested by Railway in a timely manner or if an emergency situation is
presented which, in the Railway's judgment, requires immediate repairs
to the facilities, Railway, at Licensee's expense, may undertake such
corrective measures or repairs as it deems necessary or desirable.
9. Notwithstanding any other provision of this Agreement,
it is understood, agreed and covenanted that Licensee accepts this
Agreement as a mere license and assumes all risk of damage to its
property by reason of its occupation of the premises herein described
caused by any defects therein or business conducted thereon, whether
caused by the negligence of Railway, its officers, agents or employees,
or otherwise, and Licensee, insofar as the law of the Commonwealth of
Virginia permits, hereby indemnifies Railway, its officers, agents, and
employees, from and against any such liability for said damage.
10. Railway shall furnish, at the cost of Licensee, labor
and materials to support its tracks and to protect its traffic during
the installation, maintenance, repair, renewal or removal of the
Facilities.
11. It is further agreed between the parties that the
premises shall be used by Licensee only for the Facilities and for no
other purpose without the written permission of the chief engineering
officer of Railway.
12. Licensee shall give Railway seventy-two (72) hours'
advance notice (or less in case of emergencies) of any work to be
performed on the premises of Railway. Licensee agrees to pay any costs
incurred by Railway for the purpose of protection and inspection
considered necessary by Railway during installation, maintenance,
operation, modification, replacement and/or removal of the Facilities.
3
13. Licensee shall not assign this Agreement without the
written consent of Railway.
14. The word "Railway" as used herein shall include any
other company whose property at the aforesaid location may be leased or
operated by Railway. Said term also shall include Railway's officers,
agents and employees, and any parent company, subsidiary or affiliate of
Railway and their officers, agents and employees.
15. If Licensee shall violate any of its covenants in this
Agreement, Railway may terminate the same by serving upon Licensee ten
(10) days' written notice of its election so to do; provided, however,
that unless this Agreement is terminated as a result of a violation of a
covenant of Licensee, as aforesaid, this' agreement will remain in full
force and effect subject to termination by Railway upon sixty (60) days'
written notice of Railway's election so to do, only upon the occurrence
of any one or more of the following events:
If Licensee shall abandon the use of the Facilities; or
(a)
(b)
If Railway shall be required by any governmental authority
having jurisdiction in the premises to remove, relocate,
reconstruct or discontinue operation of its railroad at the
aforementioned location; or
(c)
If the requirements of Railway, in the judgment of its
Superintendent, shall necessitate a change in location or
elevation of its railroad at the location of the Facilities
which might effectively prohibit the use of the Facilities;
or
(d) If, in the judgment of the Superintendent of Railway, the
maintenance or use of the Facilities unduly interferes with
the operation and maintenance of the facilities of Railway or
with present or future use of said property by Railway, its
lessees, affiliates, successors or assigns.
Licensee also shall have the right to terminate this
Agreement by serving upon Railway sixty (60) days' written notice of its
election so to do. Upon the expiration of the time specified in any
notice of termination given hereunder, this Agreement shall terminate,
and Licensee will, at its expense, remove the Facilities from the
property of Railway and restore said property to the condition existing
prior to the construction of the Facilities; or, in default thereof,
Railway may, in addition to any other legal remedy it may have, remove
the Facilities and restore the condition of the property at the expense
of Licensee.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
16. This Agreement shall take effect as of the __ day of
, 19
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate, each part being an original, as of the
day of ., 19
Witness:
NORFOLK AND WESTERN RAILWAY COMPANY
By
As to Railway
Real Estate Manager
Witness:
CITY OF ROANOKE, VIRGINIA
By
As to Licensee
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Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandm H. F. akin
Deputy City Clerk
December 23, 1996
File #20-46-60-102-200-217-472-514
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, December 16,
1996, Council Member Harris requested that you provide a report to City Council on those
City residential streets which have received high cost "period" lighting.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
Rose M. Woodford, Executive Secretary, Office of the City Manager
MARY E PARKER, CMC/AAE
City Clcrk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
R~anoke, Virginia 24011-1536
Tetephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
D~put~ City Clerk
December 23, 1996
File #20-46-102-200-217-472-514
M. Scott Hollis
Urban Engineer
Virginia Department of Transportation
1401 East Broad Street
Richmond, Virginia 23219
Mark Holder
American Electric Power
40 Franklin Road, S. W.
Roanoke, Virginia 24011
Gentlemen:
I am enclosing coPY of Resolution No. 33210-121696 authorizing execution of change
orders to the Virginia Department of Transportation's contract with Branch Highways, Inc.,
in connection with the bridge lighting design for the Second Street/Gainsboro Road
(Orange Avenue, N. W., to Salem Avenue, S. W.) Project in order to provide for adding
decorative street lights and related equipment on the bridge; authorizing execution of the
appropriate purchase order to American Electric Power in order to provide for installation
of standard 25-foot street lights on the remainder of the Project; and the cost of any
change orders and purchase orders implementing said changes in bridge lighting design
for the Project, which is approximately $228,000.00, will be borne by the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
M. Scott Hollis, Urban Engineer, Virginia Department of Transportation
Mark Holder, American Electric Power
December 23, 1996
Page 2
pc~
Rick G. Sells, Project Manager, Branch Highways, Inc., P. O. Box 40004, Roanoke,
Virginia 24022
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Hufflne, City Engineer
Ellen S. Evans, Construction Cost Technician
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 1996.
No. 33210-121696.
A RESOLUTION concurring in certain changes relating to bridge lighting design for the Second
Street/Gainsboro Road (Orange Avenue, N. W., to Salem Avenue, S. W.,) Project; and approving
execution by the City Manager of certain documents in order to implement the proposed changes.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized to execute, for and on
behalf of the City, VDOT Change Orders, in form approved by the City Attorney, to VDOT's contract
with Branch Highways, Inc., in connection with the bridge lighting design for the Second
Street/Gainsboro Road (Orange Avenue, N. W. to Salem Avenue, S. W.,) Project in order to provide
for adding decorative street lights and related equipment on the bridge.
2. The City Manager or the Assistant City Manager is authorized to execute, for and on
behalf of the City, the appropriate Purchase Order to American Electric Power in order to provide for
the installation of standard 25-foot street lights on the remainder of the Project.
3. The cost of any Change Orders and Purchase Orders implementing these changes in
bridge lighting design for the Project is approximately $228,000, which cost will be borne by the City
of Roanoke, all as more particularly set out in the report of the City Manager to City Council, dated
December 16, 1996.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File #20-46-60-102-200-217-472-514
James D. Gdsso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33209-121696 amending and reordaining certain sections of
the 1996-97 Capital Projects Fund Appropriations, providing for appropriation of $228,000.00, in
connection with street lighting for Second StreetJGainsboro Road (Orange Avenue, N. W. to Salem
Avenue, S. W.). The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
pc:
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Chades M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Diana S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33209-121696.
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 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 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Am)rooriatione
Streets and Bridges $13,181,357
Second Street/Gainsboro Road (1) ......................................................... 6,868,527
Fund Balance
Reserved Fund Balance - Unappropriated (2) .......................................... $ 2,319,333
1) Appropriated from
General Revenue (008-052-9547-9003) $ 228,000
2) Reserved Fund
Balance -
Unappropriated (008-3325) (228,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
December 16,
No. 96-184
1996
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT:
Street Lighting for 2nd Street/Gainsboro Road
(Orange Avenue, N.W. to Salem Avenue, S.W.)
I. Background:
ao
Location and Design Public Hearinq was held on
May 22, 1990, in City Council Chambers, having been
preceded by an informal project plan review session on
May 21, 1990, for the 2nd Street/Gainsboro Road project.
In response to public hearing comments, project
enhancements were developed and shared by City staff with
interested citizens from the Gainsboro community on
August 9, 1990. The proposed design concepts were well
received.
Project design includes a new 636-foot long bridge, the
framework of which now spans the N&W Railroad tracks and
Shenandoah Avenue. The bridge plans include a specially
designed steel handrail (to be painted gray) along the
top of the outer walls of the entire bridge (adjacent to
the sidewalk areas) which is intended to provide a more
distinctive appearance than standard bridge railing.
City Council, at its meeting on October 1, 1990, approved
the location and major design features of the project
(Resolution No. 30254-10190). The Commonwealth
Transportation Board approved the location and major
design features of the proposed project subsequent to
Council's approval.
Bids for project construction were received by VDOT on
August 29, 1995. The Commonwealth Transportation Board
awarded a contract to Branch Highways, Inc. (of Roanoke)
on September 21, 1995, in the amount of $8~390~849.84.
City share of the cost for this project (preliminary
engineering @ 5%, right-of-way @ 2%, and construction
@ 2%) is $630,182.23. City Council authorized the City's
funding share on October 16, 1995.
Mayor Bowers and Members
No. 96-184
Page 2
December 16, 1996
of Council
II. Current Situation:
III .
ao
Street liqhtinq plans for the bridge, as well as the
remainder of new Gainsboro Road, include 25-foot aluminum
street light poles on both sides of the roadway. The 25-
foot height was agreed upon during the citizen
participation process as more suitable for a pedestrian
scale roadway (as compared to the standard 35 to 40-foot
height). There are 61 new light poles planned for the
length of the entire project. The City is responsible
for 100% of the cost (preliminary estimate of $100~000,
funds for which have not yet been appropriated).
Installation of these light poles would be performed by
American Electric Power.
As an alternative to the 25-foot street lights for the
bridge, decorative lighting could be installed on the
bridge (see Attachment A)o Using 12-foot light poles and
fixtures identical to those along Jefferson Street
adjacent to The Conference Center of Roanoke would result
in a net increase of approximately $128,000, which
amounts to a grand total of $228~000 to light the entire
project. The increase is driven by exchanging 10 25-foot
poles at approximately $1,600 each for 16 decorative
light Doles at $5~500 each plus additional pole
foundations, conduit, wiring, hookup costs and design
fees. (See Attachment B for cost comparison summary).
Timinq to implement any changes is becoming critical as
bridqe construction is now proqressinq rapidly. At this
date, production, delivery and installation of decorative
poles may not coincide with completion of the project.
The potential exists for certain items (such as the
decorative street lights) to not be included in VDOT's
contract with Branch Highways, Inc. Such items could be
left to the City to acquire.
Issues:
A. Design
B. Funding
C. Timinq
Mayor Bowers and Members of
No. 96-184
Page 3
December 16, 1996
Council
IV. Alternatives:
ao
Concur in changing the bridge lighting design to use
decorative lighting, while continuing the use of standard
25-foot street light poles for the remainder of the
Gainsboro Road project; appropriate $228~000 from
undesignated capital funds in the Capital Projects fund
into the 2nd Street/Gainsboro Road Account (No. 008-052-
9547-9003); and authorize execution of appropriate VDOT
change orders as well as purchase orders to American
Electric Power.
Desiqn of the new Gainsboro Road bridge is further
enhanced.
Fundinq in the amount of $228,000 is available in
undesignated capital funds in the Capital Projects
fund.
Timing for bridge lighting is critical. Bridge
construction has proceeded to the point where these
proposed changes need to be decided upon now to
avoid additional costs. Completion of decorative
lighting may not coincide with project completion.
Bo
Concur in the use of standard 25-foot street light poles
for Gainsboro Road, including the new bridge; appropriate
$100,000 from the undesignated capital funds in the
Capital Projects fund into the 2nd Street/Gainsboro Road
Account (No. 008-052-9547-9003), and authorize execution
of appropriate purchase order to American Electric Power.
1. Desiqn would remain as originally planned.
Fundinq in the originally anticipated amount of
$100~000 is available in undesignated capital funds
in the Capital Projects fund.
3. Timinq is not an issue as lights can be installed
when project nears completion.
Reject plans for the installation of street lights at
this time.
1. Desiqn for street lighting and the safety it
provides would not be met.
Mayor Bowers and Members of Council
No. 96-184
Page 4
December 16, 1996
2. Funding would not be appropriated at this time.
Timing to incorporate decorative bridge lighting at
current cost figures would be lost. Timing would
not preclude future installation of originally
planned street light poles.
V. Recommendation is that City Council take the following action:
ao
Concur with the implementation of Alternative "A" and
change the bridge lighting design to use decorative
lighting while continuing the use of standard 25-foot
street light poles for the remainder of the project.
Appropriate $228~000 from undesignated capital funds in
the Capital Projects fund into the 2nd Street/
Gainsboro Road Account (No. 008-052-9547-9003).
Authorize the City Manager to execute on behalf of the
City, the appropriate VDOT change orders that add
decorative street lights, pole foundations, conduit,
wiring and hookup costs.
Authorize the City Manager to execute on behalf of the
City, the appropriate purchase order to American Electric
Power for standard street lights on the remainder of the
project.
Respectfully Submitted
W. Robert Herbert
City Manager
WRH/RKB/gpe
Attachment
copy: City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
City Engineer
City Traffic Engineer
Construction Cost Technician
Budget Administrator
ATTA~H~T A
25' Aluminum Street Light Pole 12' Cast Aluminum Street Light Pole
Attachment B
25' Aluminum Street Light Poles
ubstitute 16 12' Cast Aluminum
Street Light Poles on Bridge
61 Street Light Poles 51 25' Street Light
(furnished and Poles (furnished and
installed by AEP) $ 83,000
installed by AEP) $100,000
6 additional pole
foundations 6,000
16 12' street light
poles 88,000
PVC Conduit 9,360
conductor Cable 19,500
Controller
Modifications
(Hookup) 3,000
Engineering 8,000
Contingency 11,140
Mary F. Parker, CMC/AAE
c~ty Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. F. akin
Deputy City Clerk
December 23, 1996
File ;~-5-20-22-32-60-62-67-72-83_ 103-104-106-
144-183-192-202-217-262-268-270-299-305-323-
410-450
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33211-121696 amending and reordaining certain
sections of the 1996-97 General, Civic Center, Capital Projects, Management Services,
and Utility Line Service Fund Appropriations, providing for appropriations from the Capital
Maintenance and Equipment Replacement Program and Prior Year Retained Earnings.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
Ja~nes D. Grisso
Director of Finance
December 23, 1996
Page 2
pc:
The Honorable Arthur B. Crush, III, Clerk, Circuit Court
The Honorable Marsha C. Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
Kit B. Kiser, Director, Utilities and Operations
Bobby E. Chapman, Manager, Civic Center Facilities
D. Darwin Roupe, Manager, Supply Management
William F. Clark, Director, Public Works
Lawrence E. Trent, Acting Manager, Utility Line Services
John W. Coates, Manager, Parks and Recreation/Grounds Maintenance
Nelson M. Jackson, Manager, Building Maintenance/Custodial Services
James A. McClung, Manager, Fleet and Solid Waste Management
William L. Stuart, Manager, Streets and Traffic
Robert K. Bengtson, Traffic Engineer
Ronald H. Miller, Building Commissioner
George C. Snead, Jr., Director, Public Safety
M. David Hooper, Chief, Police Department
Glenn D. Radcliffe, Director, Human Development
Andrea B. Krochalis, Manager, Crisis Intervention Center
Corinne B. Gott, Manager, Social Services
Beverly A. James, City Librarian
Barry L. Key, Manager, Office of Management and Budget
Kenneth S. Cronin, Manager, Personnel Department
Ronald S. Albright, Clerk, General District Court
Phillip F. Sparks, Chief, Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33211-121696.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General,
Civic Center, Capital Projects, Management Services, and Utility Line Service 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 General, Civic Center, Capital Projects, Management Services, and
Utility Line Service Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Aoorooriations
Community Development
Economic Development/Grants (1) ................................................................
Public Safety
Building Inspection (2-4). ...............................................................................
Police - Patrol (5) ...........................................................................................
Police - Investigation (6) ................................................................................
Crisis Intervention (7) ....................................................................................
Public Works
Snow Removal (8) .........................................................................................
Communications (9-10) .................................................................................
Traffic Engineering (11) .................................................................................
Solid Waste Management (12) ......................................................................
Building Maintenance (13-14). .......................................................................
Parks Maintenance (15-16) ...........................................................................
$ 1,377,221
419,519
$ 37,341,205
840,839
7,788,391
2,936,438
463,939
$ 23,180,462
281,101
2,268,242
1,349,237
4,816,725
3,211,628
3,997,869
Parks, Recreation and Cultural
Recreation (17-18) .........................................................................................
Libraries (19) .................................................................................................
Dues, Memberships and Affiliations (20) .......................................................
General Government
City Attorney (21) ...........................................................................................
Personnel Management (22-23) ....................................................................
Commissioner of Revenue (24) .....................................................................
Director of Public Works (25) ........................................................................
Judicial Administration
General District Court (26), ............................................................................
Clerk of Circuit Court (27) ..............................................................................
Health and Welfare
Health Department (26) ....................... ..........................................................
Income Maintenance (29) ..............................................................................
Nondepartmental
Transfers to Other Funds (30-31) ..................................................................
$ 5,017,303
1,565,776
2,045,839
1,379,663
$10,183,181
621,239
741,385
980,026
149,648
$ 4,114,418
49,048
1,081,697
$ 20,101,777
1,088,932
4,178,947
$ 54,443,076
54,391,432
Fund Balance
Reserved for CMERP - City (32) ..................................................................... $ 4,051,717
Civic Center Fund
Aoorooriations
Capital Outlay - Equipment (33) ...................................................................... $ 125,788
Revenue
Non-Operating (34) .......................................................................................... $ 964,771
Car}ital Projects Fund
ADorooriation$
Recreation $ 692,879
Westside Elementary School - Gym Alterations (35) .................................... 29,299
Manauement Services Fund
ADoropriations
Capital Outlay (36). .......................................................................................... $ 82,705
Retained Earninos
Retained Earnings - Unrestricted (37) ............................................................. $ 183,650
Utility Line Service Fund
· Aoorooriations
Utility Line Services - Operating (38) ............................................................... $
Capital Outlay (39). ........................................................................................
Retained Earnings
Retained Earnings - Unrestricted (40) ............................................................. $
2,911,152
321,800
1,642,251
1 ) Fees for Professional
Services (001-002-8120-2010)
2) Administrative
Supplies (001-052-3410-2030)
3) Expendable Equipment -
< $1,000 (001-052-3410-2035)
4) Other Equipment (001-052-3410-9015)
5) Other Equipment (001-050-3113-9015)
6) Expendable Equipment -
< $1,000 (001-050-3112-2035)
7) Expendable Equipment -
< $1,000 (001-054-3360-2035)
8) Other Equipment (001-052-4140-9015)
9) Other Equipment (001-050-4130-9015)
10) Expendable Equipment
< $1,ooo
11) Other Equipment
12) Other Equipment
13) Other Equipment
14) Maintenance of
Fixed Assets
15) Other Equipment
16) Project Supplies
17) Other Equipment
18) Program Activities
19) Other Equipment
20) Fees for Professional
Services
(001-050-4130-2035)
(001-052-4160-9015)
(001-052-4210-9015)
(001-052-4330-9015)
(001-052-4330-3057)
(001-052-4340-9015)
(001-052-4340-3005)
(001-052-7110-9015)
(001-052-7110-2066)
(001-054-7310-9015)
(001-002-7220-2010)
$ 30,000
1,848
23,987
10,411
2,634
122,661
69,500
15,851
37,000
20,000
2,250
20,000
101,000
50,000
8,000
10,000
3,500
112,828
21) Other Equipment
22) Other Equipment
23) Witness Services
24) Expendable
Equipment
25) Fees for Professional
Services
26) Other Equipment
27) Fees for Professional
Services
28) Furniture and
Equipment -
> $1,000
29) Other Equipment
30) Transfer to Civic
Center Fund
31 ) Transfer to Capital
Projects Fund
(001-003-1220-9015)
(001-002-1261-9015)
(001-002-1261-2012)
(001-022-1233-2035)
(001-052-1280-2010)
(001-070-2120-9015)
(001-028-2111-2010)
(001-054-511 0-9005)
(001-054-5313-9015)
(001-004-9310-9505)
(001 -O04-9310-9508)
32) Reserved for CMERP -
C ty
33) Other Equipment
34) Transfer from
General Fund
35) Appropriated from
General Revenue
36) Furniture and
Equipment -
> $1,000
37) Retained Earnings -
(001-3323)
(005-056-2108-9015)
(005-020-1234-0951 )
(008-052-9682-9003)
(015-002-1618-9005)
Unrestricted (015-3336)
38) Expendable Equipment -
< $1,000 (016-056-2625-2035)
39) Other Equipment (016-056-2626-9015)
40) Retained Earnings -
Unrestricted (016-3336)
9,000
4,590
13,000
720
10,000
3,310
40,000
11,243
20,500
50,000
29,299
(844,132)
50,000
50,000
29,299
45,000
(45,000)
400
20,692
(21,092)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATI'EST:
City Clerk.
96-374
Roanoke, Virgini~ '
December 16, 1996
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: Fund Appropriations from
Capital Maintenance and
Equipment Replacement
Programs and Prior Year
Retained Earnings
I. Background on the subject in chronological order is:
The Capital Maintenance and Eauipment Replacement Program
(CMERP) for General Fund accounts and Prior Year Retained
Earnings for Internal Service accounts has identified various
operational needs for several City departments.
City Council received the CMERP Proqram for fiscal year 1996-97
as a briefing and report on October 7, 1996.
The items and projects identified are necessary to continue to
perform assigned activities and projects in the most efficient and
effective manner.
A listing of items and projects costing less than $75,000 is identified
on Attachment "A" of this report.
The City Manager, by authority designated by City Council, can
approve expenditures less than $75,000 once the funds have been
appropriated by Council.
Items or pro!ects to be purchased either have already been bid or
will be bid in accordance with the procurement section of the Code
of the City of Roanoke.
I1. Current Situation is:
It is necessary for City Council to appropriate Funds from Capital
Maintenance and Equipment Replacement Program and Prior Year
Retained Earnings to provide for the acquisition of the items listed
on Attachment "A" of this report.
Fund Appropriations from CMERP and
Prior Year Retained Earnings
Page 2
III. Issues in order of importance are:
A. Need
B. Funding
C. Timing
IV. Altematives in order of feasibility are:
City Council a~Dropriate $910.224 to various accounts to provide
for the items and projects listed on Attachment "A".
Need for the requested items and projects have been
justified as essential.
Fundina is available in Prior Year and Current Year Capital
Maintenance and Equipment Replacement Program and
various departments Prior Year Retained Earnings ac, counts
to provide for these purchases.
Timing will allow for the requested items to be ~rocured in
the most efficient manner.
B. City Council not appropriate requested Funds to various accounts.
Need for the acquisition of necessary items and projects
would not be addressed.
Fundina designated for requested items would not be
expended at this time.
Timing for the acquisition of requested items or projects
would not be accomplished in the most expedient manner.
Recommendation is that City Council concur with alternative "A" and
appropriate $910.224 as follows:
$35.000 from General Fund Prior Year Capital Maintenance and
Equipment Replacement Program as follows:
Fund Appropriations from CMERP and
Prior Year Retained Earnings
Page 3
1. $30.000 to Economic Development account 001-002-8120-
2010.
2. $5.000 to Building Inspections account 001-052-3410-2030.
$809.132 from Current Year Capital Maintenance and Equipment
Replacement Program to the following:
1. $122.661 to Snow Removal account 001-052-4140-9015
2. $10.411 to Police Department account 001-050-3113-9015
3. $6,000 to Police Department account 001-050-3112-2035
4. $69.500 to Communication Department account 001-050-
4130-9015
5. $15,851 to Communication Department account 001-050-
4130-2035
6. $37.000 to Traffic Engineering account 001-052-4160-9015
7. $20.000 to Solid Waste Management/Refuse account 001-
052-4210-9015
8. $2.250 to Building Maintenance account 001-052-4330-9015
9 $20.000 to Building Maintenance account 001-052-4330-
3057
10. $101.000 to Parks and Grounds Maintenance account 001-
052-4340-9015
11. $50,000 to Parks and Grounds Maintenance account 001-
052-4340-3005
12. $8,000 to Recreation account 001-052-7110-9015
13. $10.000 to Recreation account 001-052-7110-2066
14. $2,634 to Crisis Intervention account 001-054-3360-2035
Fund Appropriations from CMERP and
Prior Year Retained Earnings
Page 4
15. $11.243 to Health Department account 001-054-5110-9005
16. $3.500 to Libraries account 001-054-7310-9015
17. $50.000 to Civic Center account 005-056-2108-9015
18. $112.828 to City Manager's account 001-002-7220-2010
19. $9.000 to City Attorney's account 001-003-1220-9015
20. $4.590 to Personnel Management account 001-002-1261-
9015
21. $13.000 to Personnel Management account 001-002-1261-
2012
22. $720 to Commissioner of the Revenue account 001-022-
1233-2035
23. $3.310 to General District Court account 001-070-2120-9015
24. $20,500 to Social Services account 001-054-5313-9015
25. $40,000 to Clerk of Circuit Court account 001-028-2111 -
2010
26. $23.987 to Building Inspections account 001-052-3410-9015
27. $1.848 to Building Inspections account 001-052-3410-2035
28. $10.000 to Public Works account 001-052-1280-2010
29. $29,299 to Public Works account 008-052-9692-9003
$45,000 from Management Services Prior Year Retained Earnings
to Management Services account 015-002-1617-9005
Fund Appropriations from CMERP and
Prior Year Retained Earnings
Page 5
CC:
$21,092 from Utility Line Services Prior Year Retained Earnings
account as follows:
1. $20.692 to Utility Line Services account 016-056-2625-9015
2. $400 to Utility Line Services account 016-056-2625-2035
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
City Clerk
Director of Finance
Director, Utilities & Operations
Director, Public Works
Director, Public Safety
Director, Human Resources
Manager, Supply Management
Management & Budget
Attachment "A"
Funds designated from Prior Year Capital Maintenance and Equipment
Replacement Program
Economic Development
Funding for internal surveys and for a consultant to advise on requests for
franchise agreements on fiber optic networks in the City of Roanoke -
$30,000.
This improvement in technology will allow historical records of changes to
properties located within the City to be stored in CD Rom and microfilm
formats. This information is required by the State to be maintained and is
currently stored on individual property cards. Use of this technology will
allow the paper copies to be disposed of an will free-up needed file space
in the Office of Building Inspections - $5,000.
Total $35,000
II.
Funds designated from Current Year Capital Maintenance and Equipment
Replacement Program
Snow Removal
Snow Plows - $27,782 - Existing equipment to be replaced consists of
older model plows equipped with rubber tipped blades. Funding would
provide for the purchase of six replacement snow plows.
Salt Spreaders - $351700 - Funding would provide for five replacement
units and three additional units.
Compact Salt Spreaders - $9,940 - Funding would provide for the
purchase of four additional compact salt spreaders to be mounted on
pickup trucks.
Chemical Pre-wetting System, Storage Tank & Filler Unit - $40,000 -
Funding would provide for the purchase of a chemical pre-wetting system,
including storage and filler unit and 5,000 gallons of chemicals, for eight
trucks. This system is a sprayer unit which would be used to pre-wet
street surfaces with chemicals that prevent snow and ice from bonding
with the pavement.
Chemical Spreaders and Controls - $10,000 - Funding would provide for
the purchase of two chemical spreader and controls for two existing
vehicles (#451 and #452) currently used by the Snow Removal program.
Attachment "A"
Page 2
Police
Emergency lights and sirens for seven patrol units - $6,146 - This
equipment is necessary to update the old units in use and to further the
transition to the new style Federal Vector System, which improves officer
safety and City liability (visibility).
Two Hawk Radar Machines - $41265 - Units with dual direction
capabilities; and one antenna and dual switch for hawk radar needed for
equipment presently in service.
12 Workstations for Investigators - $6,000 - Existing desks have been in
use for eight (8) years and are deteriorating in quality. As a result, the
legs and base structure are inadequate to support the case folders,
manuals, files and general office equipment necessary to conduct routine
business.
Also, these desks do not have adequate drawer and file space. The
overflow of files and case folders create a cluttered and unprofessional
office appearance. Funding would provide for the replacement of these 12
workstations used by investigators in the Criminal Investigation Bureau.
Communications
Installation of Standby Transformer & Switchinq Equipment - $5,000 - The
current transformer located in the Municipal Building was installed in 1971
and is the only electrical supply that is not currently backed up. Its failure
would completely take out the Emergency 9-1-1 Communications Center.
Funding would provide for the installation of a standby transformer and
provide switching equipment for electrical power that is required for the
operation of the 9-1-1 Center.
Replacement Batteries for Portable Radios - $6,251 - Replacement
batteries are necessary to provide reliable essential communications to
public safety field units in responding to citizens requests for emergency
assistance. Funding would provide for the purchase of 75 replacement
batteries.
Attachment "A"
Page 3
Radios for Public Works Vehicles - $40,000 - Radios installed in public
works vehicles (service, refuse, etc.) have traditionally been handed down
from other critical applications as those radios aged. Many of these radios
were installed in the years up to 1975. With the average useful life of 12
years, these radios, operating under the most arduous conditions, need
replacement. Funding would provide for the purchase of 40 replacement
radios.
PCS Portable "Man-Down" Radios - $10,000 - Funding would provide for
the purchase of 10 portable man-down radios for the new Jail Annex. This
equipment is required for the safety of deputies.
Audio Mixer for Council Sound System - $2,500 - Funding would provide
for the purchase of an audio mixer sound system to integrate the TV
sound system with City Council's sound system.
Replace Carpet Tiles in EOC - $9,000 - The existing carpet in the
Emergency Operations Center, which was installed in 1987, is severely
worn and aged. Funding would provide for the replacement of the
"computer carpet squares" to allow access to cabling under the Center.
Labor & Materials to Paint Antenna Pole at 215 Church Avenue - $3,000 -
Antenna pole for back-up public safety radio system is currently in critical
need of painting and structure is starting to show rust, which will weaken
the structure. Funding would provide materials and labor to paint the
antenna pole.
12 Replacement Chairs for Dispatchers - $9,600 - Existing chairs are used
365 days a year, 24 hours a day. Proper, comfortable chairs are
necessary in this very stressful position and are essential to the operation.
Funding would provide for the replacement of 12 chairs used by the
dispatchers in the 9-1-1 Communications Center.
Traffic Enqineerinq
Supplement to Traffic Signals General Account - $35,000 - This account
has traditionally been used to fund mini-projects that are beyond the
financial capacity of the department's operating budget. These mini-
projects evolve during the course of the year and have traditionally
included the replacement and/or relocation of traffic signals, controller
detectors, and conduits. Aisc, traffic studies by consultants have also
been funded from this source for analysis of signal needs, such as the
Central Business District system. Funding would allow Traffic Engineering
to continue mini-projects identified through the fiscal year.
Attachment "A"
Page 4
Hydraulic Post Driver - $2,000 - Funding would provide for the purchase of
one hydraulic sign post driver to attach to hydraulic boom on sign truck.
Equipment needed for installation of steel U-Channel traffic sign poles and
to reduce risk of injury due to previous equipment failure.
Solid Waste Management
Free-Loader Trailers - $20,000 - Funding would be provided for the
purchase of two free-loader trailers to be used for neighborhood and
individual residential clean-ups, and will help improve the City's
appearance.
Building Maintenance
Mig Welder - $2,250 - Funding would provide for the purchase of one Mig
Welder. Equipment would allow the versatility to weld anything from thin
gauge materials, like car door skins, to ¼" thick materials.
Matching Funds for Renovations to Zoo - $20,000 - The Blue Ridge
Zoological Society of Virginia has requested state funding of $145,000 to
cover much of the work to build a new exhibit for snow leopards, renovate
and update two older exhibits and upgrade the entrance area, souvenir
and two main holding areas. If approved, they will have to match those
funds. The Zoo has requested assistance from many localities and
businesses for the needed matching funds, with the initial request to the
City being $58,000.
Parks and Grounds Maintenance
Replacement of Parks Amenities - $30,000 - Existing park equipment is
deteriorated and needs to be upgraded for safety and aesthetics, as well
as to increase utility. Funding would provide for the replacement of the
following amenities:
(6) Tables @ $900 each
(7) Benches @ $400 each
(10) Trash Receptacles @ $500
each
(4) Bleachers @ $2,200 each
(4) Pair of Soccer Goals @ $2,000 each
Attachment "A"
Page 5
90" Finish Mowers and 40" Walk Behind Mowers - $21,000 - Existing 90"
units are seven years old and break down often. Existing 40" units are
worn out and are being used for spare parts. Funding would provide for
the purchase of three 90" finish mowers at a cost of $4,000 each, and for
three 40" walk behind mowers at a cost of $3,000 each.
Poly Fiber,qlass Water Tank with Pump - $4,000 - Funding would provide
for the purchase of equipment which would be used for watering flowers,
trees, shrubs and hanging baskets in areas such as the Wells
Avenue/Hotel Roanoke area, where many new plantings have been
added.
60" Mowing Deck and Bagger - $10,000 - Funding would provide for the
purchase of a riding-type mower, which will replace (two) 21" walk-behind
mowers, and will allow the department to mow such places as the Rose
Garden, Elmwood Park and other highly visible areas with greater
efficiency.
Electric Dump for Pickup Trucks - $10,000 - Electric dump inserts will be
installed in existing pickup trucks to facilitate deliveries of small quantities
of mulch, ball diamond material, stone, etc. Funding would provide for the
purchase of four electric dumps at a cost of $2,500 each.
Ali-Terrain 72" Mower - $26,000 - Funding would provide for the purchase
of a 72" riding mower to be used for public rights-of-way, median strips, "v"
ditches, steep slopes and other difficult terrain that now requires the use of
a weed-eater. Mowing these areas will allow greater efficiency in the use
of manpower and give a more aesthetic, uniform appearance to highly
visible areas.
Landscape Screenin,q alonq 1-581 at Public Works Service Center -
$10,000 - Funding would allow for the purchase of landscape materials to
supplement the existing vegetation to screen the equipment storage
facilities at the Public Works Service Center from view of motorists along
the interstate highway.
Reforestation Program - Phase III- $25,000 - Phase III of the
Reforestation Program consists of planting 225 shade and ornamental
trees in residential areas, entrance ways and parks.
Attachment "A"
Page 6
Install Curbing on Interior of Parks - $15,000 - Existing System consists of
bollard and cable, which is grossly inadequate. Funding would provide for
the installation of curbing to provide vehicular access control and will
include back-fill seeding and required damage. Parks where curbing
would be installed is Highland Park.
Recreation
Replace Window Air Conditioners in Recreation Centers - $8,000 -
Installation of air conditioners and ceiling fans will improve the comfort and
safety level for participants and enhance the atmosphere of the centers.
Funding would provide for the replacement of window air conditioners at
Villa Heights, Mt. View and Buena Vista.
Landscaping for Community Centers - $10,000 - Many of the community
centers have landscaping that is in poor condition and creates an
unfavorable appearance when the public visits. An attractive landscape
would create a more positive and favorable image for the City. Funding
would provide materials for landscaping for eight community centers
(Eureka, Buena Vista, Villa Heights, Mt. View, Grandin Court, Garden City,
Preston and Thrasher Park), with labor and design provided by City staff.
Crisis Intervention Center
Stora,qe Chests for Clients - $2,634 - Existing storage chests used in
resident's bedrooms have been repaired several times with new hinges,
boards replaced, etc. Funding would provide for the purchase of 14
replacement storage chests for clients.
City Health Department
Baby Changing Station - $843 - Parents need a separate changing area
for their children other than on a chair or on the floor in the waiting room,
which violates the Department's own recommendations concerning
prevention of communicable disease and cleanliness. Funding would
provide for the purchase of a cabinet-style diaper changing center for
ladies restroom and a diaper changing system for the men's restroom.
Portable Dental Unit - $10,400 - This collapsible, portable unit would
provide more flexibility in serving needs of school children and enable the
department to phase out the currently used, out-dated dental trailer. This
unit can be set up in almost any available space in a school setting and
provide onsite dental services to the children.
Attachment "A"
Page 7
Libraries
Refrigerator, Dishwasher, Stove and Sink for Main Library - $3,500 -
Existing equipment is old, malfunctioning and in need of replacement.
Funding would allow for the replacement of a refrigerator, dishwasher,
stove and sink at the main Library for public meetings and staff use.
Civic Center
Concert Metal Foldin,q Chairs - $501000 - Folding chairs are used as
portable seating for concerts, conventions and other events held inside the
Coliseum. Existing chairs are old, deteriorated and becoming unsafe for
use. Funding would provide for the replacement of 1,000 folding chairs at
a cost of $50 each.
Public Works
City's Share of Landscape Plan for 1-581 Corridor - $10,000 - Funding
would provide for the City's share of a landscape plan for Interstate 1-581
Corridor, with VDOT also paying one-half of the cost of the project.
Westside Elementary Gym Restroom Alterations - $29,299 - Alteration to
permit park users access to the toilets from the park without going through
the school facility.
City Attorney
2 Workstations for Leqal Secretaries - $9,000 - The current work stations
have been in place for approximately 10 years and are situated in the front
office waiting area of the office. The proposed changes would result in
larger, ergonomically correct work stations that will provide more
comfortable work environment, resulting in greater efficiency and provide
a more professional appearance to the reception area.
Personnel Manaqement
Times Two File System and Trainin,q Equipment for Occupational Health -
$4,590 - Two filing system units would provide crucial file space in the
Personnel Office to house terminated employee files. Training equipment,
consisting of a 20" televisionNCR combination unit, would provide video
presentation capability in the Occupational Health Clinic's conference
room.
Attachment "A"
Page 8
Police Assessment Center Enhancements - $13,000 -Assessment
centers have been conducted for the job of Police Sergeant since 1990.
Although the process has performed well, an updated job analysis and
review of the process is necessary to maintain its integrity. Also, more
extensive involvement of outside consultants in the actual assessment
center is desired for 1996. Funding would provide for these
enhancements and allow the City to identify candidates with the most
potential for success as a Police Sergeant.
Commissioner of the Revenue
Privacy Panels - $720 - Funds would provide for the purchase of eight (8)
privacy panels for the business license and real estate areas, which are
needed to create work areas for employees without enclosed offices.
These employees currently handle extremely confidential information in an
open work environment.
General District Court
Shelvin,q System/Phase III - $3,310 - Records previously housed by
Circuit Coud, as mandated by State for "Records Retention", must now be
held by General District Court for 10 years (after 1985) and 20 years
(before 1985). As a result, these records have been gradually
accumulating and it became necessary to change from boxed storage to
pocket file shelved storage. Funding would allow for the purchase of new
Case Paper Record Shelving System to provide space to house current
accumulations and to more efficiently store older accumulations.
Social Services
Income Maintenance (5 Lateral Files - $4,000) - The existing equipment
cannot support the weight of current files. Funding would provide for the
purchase of five (5) 5-tier lateral file units to house client case records.
Administration (11 Workstations - $161500) - Existing equipment does not
provide staff with sufficient work space. Funding would provide for the
purchase of 11 workstations, consisting of desk and space for computer,
keyboard and printer.
Attachment "A"
Page 9
Clerk of the Circuit Court
City's Share of Document Imaging Project for the Supreme Court -
$40,000 - Funds represent the City's share of the start-up costs for the
Clerk of Circuit Court to network with the State Supreme Court's system,
which will allow the Clerk's Office to copy records (deeds, judgments,
wills, possibly court orders) through optical imaging, eventually eliminating
microfiche. By networking through the Supreme Court, the State will pay
for maintenance, software, development, etc. If bought through City
channels, the cost would be double, with the more long-term costs for
maintenance, software, etc.
With an average of 3-4 courts being networked per year, the Roanoke
Clerk's Office is now near the top of the waiting list. If funding is not
provided in this fiscal year, the waiting time will be approximately seven (7)
more years before they will be eligible again.
Buildinq Inspections
Cross-connection and Rental Inspection Program - $23,987 - As part of
the FY 1996-97 adopted budget, City Council authorized operating funds
for a new Cross-connection and Rental Inspection Program. This funding
would provide for start-up costs for equipment for both programs, including
desks, chairs and computers.
6 Replacement Office Chairs - $1,848 - Funding would provide for the
purchase of six (6) replacement office chairs for front office staff at a cost
of $308 each. Existing chairs are old and have required frequent repairs
and parts ordered. Also, these chairs do not provide any back support,
resulting in frequent back complaints from front office staff.
City Manager
D-Day Memorial Fund - $50,000 - During the FY 1996-97 budget study
process, City Council made a philosophical commitment to provide funding
of up to $250,000 over a five-year period to the National D-Day Memorial
Foundation in support of a national memorial to D-Day. The proposed $7
million memorial will be ten acres in size, constructed on 88 acres of land
in Bedford, Virginia.
Attachment "A"
Page 10
Funding will enable the Foundation to move forward with its plans to
design, build and operate a world-class memorial to Allied Forces who
invaded the Normandy coast of France in 1944.
VWCC (Site Preparation Fees - City Share - $62,828 - As VWCC's
enrollment continues to develop, they have been faced not only with the
need for additional space, but with need to adhere to various accessibility
mandates and safety regulations. With the completion of the new Student
Services Center now under construction, there will be significant exterior
handicapped barriers to be removed to improve access for students.
Extensive demolition work will be required so that a ramp can be
constructed to meet current access standards.
Towards this end, VWCC has requested assistance from all localities for
site preparation fees for the Student Services Center, with the City's share
being $62,828.
Total $809,132
III.
Funds designated from Prior Year Retained Earnings Accounts:
Manaqement Services
Replacement of Three (3) Copiers - $45,000 - Management Services
provides copiers to various City Departments. This year three (3) existing
units need to be replaced due to high maintenance cost, downtime and
usage. The units will be replaced in the Fire Department, Police
Department and Personnel Management.
Utility Line Services
Three (3) Computers and Software - $11,400 - Requested to replace three
(3) existing systems due to insufficient capacity to operate under many
current programs.
Replacement Drilling Machine - $2,500 - Machine used to tap water main
for new and replacement services.
Replace Two (2) Metal Detectors - $2,067 - Units used to locate metal
meter boxes and water service lines.
Attachment "A"
Page 11
I - Underground Piercing Tool - $2,500 - Unit used for boring under
roadways when installing water service lines.
10 - ¥~" Drive Long Reversible Ratchet with Sockets - $400 - Tools are for
the installing and repairing of water mains.
Total $66,092
Mary F. Parker, CMC/AAE
C~y CHrk
CITY OF ROANOKE
Office of the City Clerk
~andra H. Eakin
Deputy City Clerk
December 23, 1996
File #5-60-72-236-304-305-382
James D. Gdsso
Director of Finance
Roanoke, Virginia
Dear Mr. Gdsso:
I am attaching copy of Ordinance No. 33212-121696 amending and reordaining certain sections of
the 1996-97 General and Grant Fund Appropriations, providing for appropriation of funds in
connection with the City's plan of services for participation in the Virginia Juvenile Community Crime
Control Act of 1995. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Affachment
pc:
The Honorable John Ferguson, Chief Judge, Juvenile Domestic and Relations
District Court
Gary L. Conway, Director, 23-A Court Service Unit, Juvenile Domestic and
Relations District Court
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Andrea B. Krochalis, Manager, Cdsis Intervention Center
Jack E. Trent, Acting Manager, Juvenile Detention Home
Richard D. Weekly, Outreach Coordinator, Juvenile Detention Home
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33212-121696.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and
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 General and Grant Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
General Fund
Appropriations
Public Safety $ 37,284,572
Youth Haven I (1) ............................................................................................ 476,265
Nondepartmental $ 54,452,002
Transfer to Other Funds (2) ............................................................................. 54,400,358
Revenue
Grant-in-Aid-Commonwealth
Virginia Juvenile Community Control Act (3) ................................................
Grant Fund
Appropriations
Health and Welfare
VJCCCA - Youth Haven I (4-11 ) ..................................................................
VJCCCA - Outreach Detention (12) .............................................................
VJCCCA - Juvenile Court Service Enhanced Community Service (13-20)..
VJCCCA - Juvenile Court Service Intensive Supervision (21-28) ...............
VJCCCA - Juvenile Court Service Substance Abuse Counseling (29-36) ....
VJCCCA - Juvenile Court Service Detention Beds (37) ................................
$ 34,063,389
1,017,059
2,510,258
62,134
46,388
35,786
116,836
46,053
0
VJCCCA - Crisis Intervention Center Assaultive Youth Program (38-44) .... $ 86,017
VJCCCA - Juvenile Court Services Specialized Probation Officer (45-53)... 18,123
VJCCCA - Juvenile Court Services Restitution Program (54-61) .................. 8,038
Revenue
Health and Welfare - Special Purpose
Virginia Juvenile Community Crime Control Act (62) .....................................
$ 2,420,258
454,884
1) Purchased Services
2) Transfer to
Grant Fund
3) Virginia Juvenile
Community Crime
Control Act
4) Regular Employee
Salaries
5) ICMA Retirement
6) FICA
7) Hospitalization
Insurance
8) Dental Insurance
9) Life Insurance
10) Disability Insurance
11) Fees for Professional
Services
12) Equipment Rental/
Lease
13) Regular Employee
Salaries
14) Temporary Employee
Wages
15) ICMA Retirement
16) FICA
17) Hospitalization
Insurance
18) Dental Insurance
19) Life Insurance
20) Disability Insurance
1) Regular Employees
Salaries
22) ICMA Retirement
23) FICA
(001-054-3350-3160)
(001-004-9310-9535)
(001-020-1234-0723)
$(
6,753)
88,225
81,472
(035-054-5060-1002) 10,934
(035-054-5060-1115) 984
(035-054-5060-1120) 837
(035-054-5060-1125)
(035-054-5060-1126)
(035-054-5060-1130)
(035-054-5060-1131)
(035-054-5060-2010)
(035-054-5061-3070)
(035-054-5062-1002)
(035-054-5062-1004)
(035-054-5062-1115)
(035-054-5062-1120)
(035-054-5062-1125)
(035-054-5062-1126)
(035-054-5062-1130)
(035-054-5062-1131)
(035-054-5064-1002)
(035-054-5064-1115)
(035-054-5064-1120)
852
55
39
28
205
(1,326)
6,042
12,739
544
1,519
426
28
22
16
11,734
1,360
1,156
24) Hospitalization
Insurance
25) Dental Insurance
26) Life Insurance
27) Disability Insurance
28) Telephone - Cellular
29) Regular Employee
Salaries
30) ICMA Retirement
31) FICA
32) Hospitalization
Insurance
33) Dental Insurance
34) Life Insurance
35) Disability Insurance
36) Fees for Professional
Services
37) Residential/Detention
Service
38) Regular Employee
Salaries
39) ICMA Retirement
40) FICA
41 ) Hospitalization
Insurance
42 Insurance
43 Life Insurance
44 Disability Insurance
45 Regular Employee
Salaries
46 ICMA Retirement
47 FICA
48 Hospitalization
Insurance
49 Dental Insurance
50 Life Insurance
51 Disability Insurance
52) Tale ~hone - Cellular
53 Local Mileage
54) Regular Employee
Salaries
55) ICMA Retirement
56) FICA
57) Hospitalization
Insurance
(035-054-5064-1125)
(035-054-5064-1126)
(035-054-5064-1130)
(035-054-5064-1131 )
(035-054-5064-2021)
(035-054-5065-1002)
(035-054-5065-1115)
(035-054-5065-1120)
(035-054-5065-1125)
(035-054-5065-1126)
(035-054-5065-1130)
(035-054-5065-1131)
(035-054-5065-2010)
(035-054-5066-2008)
(035-054-5067-1002)
(035-054-5067-1115)
(035-054-5067-1120)
(035-054-5067-1125)
(035-054-5067-1126)
(035-054-5067-1130)
(035-054-5067-1131)
(035-054-5069-1002)
(035-054-5069-1115)
(035-054-5069-1120)
035-054-5069-1125
035-054-5069-1126
035-054-5069-1130
035-054-5069-1131
035-054-5069-2021
035-054-5069-2046
(035-054-5070-1002)
(035-054-5070-1115)
(035-054-5070-1120)
(035-054-5070-1125)
1,276
83
45
39
888
8OO
375
319
426
28
15
11
106
(10,000)
15,483
1,394
1,185
1,210
92
55
40
12,083
1,088
925
852
55
43
31
1,894
1,152
6,042
544
463
426
58) Dental Insurance
59) Life Insurance
60) Disability Insurance
61 ) Expendable
Equipment
62) Virginia Juvenile
Community Crime
Control Act
(035-054-5070-1126
(035-054-5070-1130
(035-054-5070-1131
(035-054-5070-2035
(035-035-1234-7216
28
22
16
497
88,225
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in
effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
December 16,1996
No. 96-572
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT OF 1995
T o
BACKGROUND
A. City of Roanoke receives fundinq from the Stat~
Department of Juvenile Justice to administer and operate
twelve Juvenile Justice Programs. These programs
include:
2.
3.
4.
5 o
6.
7.
8.
9 o
10.
11.
12.
Youth Raven I Post Dispositional Group Rome
Sanctuary - Crisis Intervention Center
Outreach Detention Program
Sanctuary Family Oriented Group Home Program
(FOGR)
Substance Abuse Counselor - Court Service Unit
Family Counselor - Youth Haven I
Electronic Monitoring - Outreach Detention
Purchase of Substance Abuse Services - Youth
Raven I
Intensive Supervision Program - Court Service Unit
Outreach Counselor - Assaultive Youth - Sanctuary
Street Law Program - Court Service Unit
Enhanced Community Service - Court Service Unit
B. The City of Roanoke has budqeted $935,587 in VJCCCA
revenues for the FY 1996-1997.
II. CURRENT SITUATION
ao
The 1995 Virqinia General Assembly enacted the Virginia
Juvenile Community Crime Control Act (VJCCCA) with an
effective date of January 1,1996.
The Act replaced the block qrant system for all
community-based programg and services except secure
detention homes. The purpose of the act is to
establish a balanced community-based system of
sanctioned programs and services for juvenile
offenders.
Honorable Mayor & Members of City Council
Page 2
December 16, 1996
The VJCCCA will provide fundinq for each
jurisdiction in the state.
The Department of Juvenile Justicm has approved an
additional $101,195 for January 1, 1997 through
June 30, 1997. An additional $202,390 will be
received for fiscal year 1997-98. (see Exhibit A)
Localities wishinq to use the Act Funds for
development, implementation, and operation of
programs and services must submit a local plan to
the Board of Juvenile Justice for approval.
Bo
City Council approved the local revised plan on October
23, 1996, which was submitted to the State Department of
Juvenile Justice for review and approval of the Board of
Juvenile Justice on November 13, 1996.
The City of Roanoke is to receive fundinq through
VJCCCA in the amount of $1,017,059 for the 1996-97
fiscal year. This amount does not include funding
for the secure detention home.
2 o
For Fiscal Year 1997-98, the City of Roanoke is to
receive $1,118,254.
3 o
The VJCCCA requires the city to maintain its
fundinq level based on the amount of local dollars
supporting block grant programs as of the fiscal
year ending June 30,1995. The City of Roanoke
expended $501,935 as its local contribution to the
operation of the block grant programs for the 1994-
95 fiscal year. This will be the maintenance of
effort level matching the VJCCCA funding from the
Department of Juvenile Justice. No additional
local match will be required.
The city's VJCCCA plan averaqes the funds for th~
biennium in order to maximize the state funds
without additional local monies. This allows for
the increase in personnel cost to be carried over
from FY-1997 to FY-1998. (See Exhibit B)
Utilization of the fundinq throuqh the VJCCCA will be for the
continuation and expansion of twelve programs and the addition
of three service programs for the juvenile justice population
in Roanoke City.
Honorable Mayor & Members of City Council
PaGe 3
December 16, 1996
III. ISSUES
2 o
3 o
The twelve continued and expanded programs to be
funded through the VJCCCA and local funds are:
a°
Jo
Youth Haven I Post Dispositional Group Home
Sanctuary - Crisis Intervention Center
Outreach Detention Program
Sanctuary - Family Oriented Group Home ProGram
(FOGH)
Substance Abuse Counselor - Court Service Unit
Family Counselor - Youth Haven I
Electronic Monitoring - Outreach Detention
Purchase of Substance Abuse Services - Youth
Haven I
Intensive Supervision ProGram - Court Services
Unit
Outreach Counselor Assaultive Youth
Sanctuary
Street Law Program - Court Services Unit
Enhanced Community Service - Court Service
Unit
New Programs to be established include:
so
Aftercare Counselor for Youth Haven I
Specialized Probation Officer for the Court
Service Unit
Juvenile Restitution Program Court Service
Unit
The establishment of these services will enhance
and add to the public safety programming for the
Juvenile Justice System and provide for
rehabilitation, community supervision and family
preservation efforts. These services will provide
sanctions, progressive treatment to juvenile
offenders, and/or their families in a community-
based system of programs and services.
Need for additional services have been documented for the
past three to four years. A waiting list for services
sometimes exists in our present Juvenile Justice
Programs.
Funding from the State of Virginia to begin new and/or
enhance current services is available through the
Virginia Juvenile Community Crime Control Act of 1995.
Honorable Mayor & Members of City Council
Page 4
November 16, 1996
IV. ALTERNATIVES
A. City Council adopted the
the establishment of six
attached resolution approving
and one-half full-tim~ grant
funded positions in the approved plan and authorizing the
City Manager to approve the expenditures of funding to
continue and expand the twelve existing programs and
establish three new services.
1. Need for Additional Services
Expansion and addition of the new programs and
services will increase the numbers of youth
and/or their families who could be served.
bo
Expansion and addition of these programs will
allow for the provision of services in areas
not previously addressed by the city's
juvenile justice programs.
The new six and one-half full-time employee
grant funded positions are as follows:
One Aftercare Counselor - Youth Haven I
One Specialized Probation Officer - Court
Services Unit
One Assaultive Youth Counselor
Sanctuary
One Case Aide - Sanctuary
One Intensive Supervision Surveillance
Officer - Court Service Unit
One (FTE) Coordinator of Enhanced
Community Service & Restitution Program
Court Services Unit
One Part-time Secretary - Court Services
Unit
2. Fundinq from State of Virqinia
Additional state funding will be appropriated
to maintain present services and establish
additional services as proposed.
Do not endorse proposed plan of services by resolution
and do not authorize the City Manager to establish new
positions and provide for the continuation and expansion
of present VJCCCA programs and the provision of three new
services to serve youth and their families.
Honorable Mayor & Members
Page 5
December 16, 1996
of Council
Capacity. Programs and services will decrease and
the number of youth and families reached will
decline.
Fundinq. The available funding for continuation
and expansion of present services and establishment
of new services will be forfeited.
V. RECOMMENDATIONS
ao
City Council concur with Alternative A and endorse the
plan of services and authorize the City Manager to
establish six and one-half grant funded positions for
expansion of services and provide for three new services
to youth and their families.
Bo
Appropriate $101,195 in additional state funding, as per
the attached exhibit C.
Adjust the following revenue and expenditure accounts to
reflect a change in the original VJCCCA revenue estimate
for FY-1997 from $935,587 to a new base per Attachment A
of $915,864:
Decrease transfers to Grant Fund
(001-004-9310-9535) $10,000
Decrease VJCCCA revenue
(001-020-1234-0723) 19,723
Decrease Purchased Services
(001-054-3350-3160) 9,723
Decrease Residential/Detention Services
(035-054-5066-2008) 10,000
Decrease VJCCCA revenue
(035-035-1234-7216) 10,000
P~spectfully submitted,
W. Robert Herbert
City Manager
WRH:JT:gr
Attachments
Honorable Mayor & Members
Page 6
December 16, 1996
of Council
cc:
Glenn D. Radcliffe, Director of Human Development
Honorable John Ferguson, Chief Judge, 23rd J & D Court
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Diane Akers, Budget Administrator
Gary Conway, Director, 23A Court Service Unit
Jack Trent, Acting Superintendent, Juvenile Detention Home
Rick Weekly, Outreach Coordinator
Andrea Krochalis,Manager,Sanctuary
~EXHIBIT A
VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT
VJCCCA
FY 97 BASE .....
Additional Funding
Effective 1/1/97 ............
915,864
101,195
915,864
Additional Projected
Funding for FY 98 .........
202,390
TOTALS ..............
1,017,059
1,118,254
AVERAGEVJCCCA FUNDS
ForFY 97/98 Biennium ....... $1,067,657
EXHIBIT C
APPROPRIATIONS
VJCCCA EXPANDED & NEW PROGRAMS - 035
5065 Substance Abuse - Court Service Unit
Organization Object Code Description Amount
5065 1002 Regular Employees Salaries $800.00
1115 ICMA Retirement 375.00
1120 FICA' 319.00
1125 Hospitalization Insurance 426.00
1126 Dental Insurance 28.00
1130 Life Insurance 15.00
1131 Disability Insurance 11.00
2010 Fees For Professional Services 106.00
TOTAL $2,080.00
5060 Aftercare Counselor - Youth Haven I
Organization Object Code Description Amount
5060 1002 Regular Employees Salaries $10,934.00
1115 ICMA Retirement 984.00
1120 FICA' 837.00
1125 Hospitalization Insurance 852.00
1126 Dental Insurance 55.00
1130 Life Insurance 39.00
1131 Disability Insurance 28.00
2010 Fees For Professional Services 205.00
TOTAL $13,934.00
3. 5061 Electronic Monitoring - Outreach Detention
I
Organization I Object Code Description Amount
5061 I 3070 Equipment Rental//lease $ -1,326.00
.Specialized Probation Officer - Court Services Unit
Organization Object Code Description Amount
1002 Regular Employees Salaries $12,083.00
1115 ICMA Retirement 1,088.00
1120 FICA 925.00
1125 Hospitalization Insurance 852.00
1126 Dental Insurance 55.00
1130 Life Insurance 43.00
1131 Disability Insurance 31.00
2021 Telephone - Cellular 1,894.00
2046 Local Mileage 1,152.00
TOTAL $18,123
5064 Intensive Supervision - Court Service Unit
Organization Object Code Department Amount
5064 1002 Regular Employees Salaries $11,734.00
1115 ICMA Retirement 1,360.00
1120 FICA' 1,156.00
1125 Hospitalization Insurance 1,276.00
1126 Dental Insurance 83.00
1130 Life Insurance 45.00
1131 ~ Disability Insurance 39.00
2021 Telephone - Cellular 888.00
TOTAL $16,581.00
5067 Assaultive Youth Counselor/Aide-Sanctuary
Organization Object Code Department Amount
5067 1002 Regular Employees Salaries $15,483.00
1115 ICMA Retirement 1,394.00
1120 FICA' 1,185.00
1125 Hospitalization Insurance 1,210.00
1126 Dental Insurance 92.00
1130 Life Insurance 55.00
1131 Disability Insurance 40.00
TOTAL $19,459.00
Restitution Program -Court Services Unit
Organization Object Code Department Amount
1002 Regular Employees Salaries $6,042.00
1115 ICMA Retirement 544.00
1120 FICA' 463.00
1125 Hospitalization Insurance 426.00
1126 Dental Insurance 28.00
1130 Life Insurance 22.00
1131 Disability Insurance 16.00
2035 Expendable Equipmem 497.00
TOTAL $8,038.00
8. 5062 - Enhanced Community Service - Court Services Unit
Organization Object Code Department Amount
1002 Regular Employees Salaries $6,042.00
1004 Temporary Employee Wages 12,739.00
1115 ICMA Retirement 544.00
1120 FICA' 1,519.00
1125 Hospitalization Insurance 426.00
1126 Dental Insurance 28.00
1130 Life Insurance 22.00
1131 Disability Insurance 16.00
TOTAL $21,336.00
3350 - Youth Haven I
Organization Object Code Department Amount
3350 3160 ' Purchases Services $2,970.00
(Personnel Can'yover Funds to
FY-1998)
TOTAL PROGRAMS
SUBSTANCE ABUSE - CSU $ 2,080.00
AFTERCARE COUNSELOR - Youth Haven I 13,934.00
SPECIALIZED PROBATION OFFICER - CSU 18,123.00
INTENSIVE SUPERVISION - CSU 16,581.00
ASSAULTIVE YOUTH COUNSELOR/AIDE-Sanctuary 19,459.00
RESTITUTION PROGRAM - CSU 8,038.00
ENHANCED COMMUNITY SERVICES - C SU 21,336.00
PURCHASED SERVICES - Youth Haven I 2,970.00
ELECTRONIC MONITORING - Outreach Detention -1,326.00
TOTAL $101,195.00
Mary F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File ft~60-184-304-305
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33213-121696 amending and reordaining certain
sections of the 1996-97 General Fund Appropriations, providing funds for additional
staffing at the Roanoke City Juvenile Detention Home. The abovereferenced measure was
adopted by the Council of the City of Roanoke at a regular meeting held on Monday,
December 16, 1996.
SHE:sm
Attachment
pc;
Sincerely,
Sandra H. Eakin
Deputy City Clerk
W. Robert Herbert, City Manager
Glenn D. Radcliffe, Director, Human Development
Jack E. Trent, Acting Manager, Juvenile Detention Home
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33213-121696.
AN ORDINANCE to amend and reordain ceftin sections of the 1996-97 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 1996-97 General Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADuroDHatione
Public Safety
Juvenile Detention Home (1-3) .............................................................
Nondepartmental
Contingency - General Fund (4) ...........................................................
$ 37,339,691
889,257
$ 54,396,883
244,368
1) Regular Employee
Salaries
2) City Retirement
3) FICA
4) Contingency
(001-054-3320-1002) $ 46,260
(001-054-3320-1105) 5,320
(001-054-3320-1120) 3,539
(001-002-9410-2199) (55,119)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
A'I-I'EST:
City Clerk.
Roanoke, Virginia
Report #96-576
December 16, 1996
Honorable Mayor Bowers & Members of
City Council
Roanoke, VA
Dear Mayor and Members of Council:
SUBJECT: Additional Staffing at the Roanoke City Juvenile Detention Home
BACKGROUND
Roanoke Juvenile Detention Home is the primary service provider of secure
residential care for juveniles in the fifth planning district which comprises the
counties of Allegheny, Bath, Botetourt, Craig, Roanoke, Clifton Forge, and
Covington, Salem City and Roanoke City.
The facility was opened in 1960 at a time when truants and runaways
made up the majority of the population in the facility.
For the past four years, city staff has engaged in tracking clients served
within this program. With rare exception, young people detained in
Roanoke Juvenile Detention Home present a risk to the safety and security
of the community if they were not in a secure facility. The majority of
youth detained are charged with larceny, assault, narcotics, violent
offenses, burglary, weapons' offenses, and robbery.
In the city of Roanoke, juvenile arrests increased 43 percent in 1992, 25
percent in 1993, and 33 percent in 1994. This significant increase in arrest
rates can be attributed in large part to drug offenses; however, there was
also a marked increase in offenses against persons.
The State Department of Juvenile Justice has rated the capacity at the Roanoke
City Secure Juvenile Detention Home at 21 beds. At the time the facility was
opened in 1960, 75 percent utilization was anticipated.
Honorable Mayor & Members of Council
Page 2
December 16, 1996
The facility has experienced a continuous increase in population over the
last seven years. Beginning in 1988, the population utilization was 78
percent and grew progressively to:
123 percent of utilization in 1993;
136 percent in 1994;
165 percent in 1995.
Roanoke Juvenile Detention Home is the fifth highest utilized Detention
Home of the 17 facilities in the state for the fiscal year 1992. In 1993,
Roanoke was the seventh highest utilized facility. In 1994 and 1995, it
was sixth highest utilized facility.
Roanoke Secure Juvenile Detention Home, even though over utilized, has refused
180 admissions in 1992, 243 in 1993, 289 in 1994, and 468 in 1995.
The escalating number of residents has also necessitated the placement of
youth, especially serious offenders, at home under the outreach detention
supervision rather than under secure custody. This has been just one of
the alternatives that has been utilized in an effort to reduce the over
utilization numbers in this facility.
Roanoke City Council passed an ordinance May 8, 1993 in support of the
expansion/renovation of secure detention services and allocated 1.5 million
dollars for the project. Initial plans were developed for the project and discussed
with the Department of Youth and Family Services.
The 1993 legislature added language to the Appropriation Act regarding the
proposed construction or renovation of secure detention facilities. The city of
Roanoke interpreted this language to require the continued development of
alternatives to reduce the pre-dispositional or post-dispositional incarceration of
the charged juvenile population (see attachment).
The city, along with juvenile justice professionals from the 23rd & 25th Judicial
Districts, formed the Roanoke Valley Detention Alternative Group to address the
development of a plan of alternatives to secure juvenile detention.
The city also utilized the needs assessment conducted by the Office of Grants
Compliance, the Council of Community Services review of youth and family
needs, information on community needs for youth and families from the
Empowerment Community activities and the Roanoke City Office on Youth
Honorable Mayor & members of Council
Page 3
December 16, 1996
Needs Assessment in developing a plan of altematives to secure juvenile
detention.
These instruments reviewed and analyzed the needs of youth and families in the
city and/or surrounding jurisdictions to address items on societal conditions which
contribute to the development of services creating a wholesome and healthy
living environment for youth and families.
The intent of the language in the 1993 Appropriation Act was for the state and
localities to work together to develop services to impact and reduce the need to
utilize restrictive measures for detaining youth.
The proposal to add 23 beds to the Juvenile Detention Home has been submitted
to the Department of Juvenile Justice. It is anticipated that the Board of Juvenile
Justice will approve Phase II of the process (planning study) at the February 1997
meeting. Phase I (needs assessment) of the process was approved in April 1996
by the Board. The construction will commence after the bid process
(approximately three months) with completion of construction and renovation
expected July 1998.
CURRENT SITUATION
The Roanoke City Secure Juvenile Detention Home is currently staffed with 18
full-time regular positions. These positions meet the state standards of one child
care worker for each 10 residents, as well as the necessary administrative and
support positions for a 21-bed facility.
The Roanoke City Juvenile Detention Home has experienced an increase in
utilization with average utilization of 36 youth in 1995 and 32 youth on a daily
population basis and in 1996.
Population of the facility has risen as high as 48 detainees at one time
since January 1993. The population on November 18, 1996, was 46.
Of that number, 50 percent were Roanoke City residents; the remaining
were detainees from jurisdictions surrounding the city of Roanoke.
Honorable Mayor & Members of Council
Page 4
December 16, 1996
Detention Home overcrowding is a statewide problem resulting from a
"get-tough on juvenile crime" philosophy and recent changes in juvenile law.
Judges now have authority to sentence juveniles to detention for up to ten
days for any violation of court orders; up to thirty days for certain serious
offenses.
Juveniles fourteen years of age or older who are accused of serious violent
offenses can be tried as an adult; however, Roanoke City Jail is not
certified to hold juveniles, therefore, they remain in the Detention Home.
Juveniles with chronic mental and emotional disorders commit crimes.
These juveniles require special handling due to self-destructive behaviors,
suicidal or homicidal attempts creating extra stress on the facility and
staff.
Roanoke City operates the facility as a single jurisdiction. No other locality
contributes to the operating cost of the facility beyond a per diem placement cost
of $83.13. Total revenues received for placement of youth from other
jurisdictions during FY 1995-1996 was $354,858.56. To maintain the staff to a
resident ratio of one to ten during times when utilization exceeds the 21-bed
capacity, relief staff is utilized.
For the 1994-1995 fiscal year, total costs for relief staff were $245,339.
For the 1995-1996 fiscal year, total costs for relief staff were $275,869.
For the fiscal year 1996-1997 to date, the cost for relief staffis $102,077.
Projected cost for fiscal year 1996-97 is $256,396.
Relief Staff is paid an hourly wage to provide services to the detainees in
the facility when called. Relief staffis scheduled as their time is available
and the need exists to maintain a one to 10 ratio in the facility.
Scheduling of Relief Staff at times is extremely difficult due to the availability of
those persons who have met all the requirements according to the State
Department of Juvenile Justice Standards to serve as child care workers for the
facility.
Honorable Mayor & Members of Council
Page 5
December 16, 1996
Administrators in the facility may have to call eight or more persons in
order to insure adequate relief staff is available for scheduled shifts one to
two weeks in advance. Relief staff is also utilized to fill in for permanent
staff during vacation, sick leave, holidays and time away from the facility
for required training.
With the proposed expansion of the facility to 44 beds, the city has requested
from the state 11 additional child care positions plus other additional full-time
regular positions to accommodate the proposed expanded bed capacity which will
provide the required staffing to conform to the state standards of one worker to 10
residents.
With an average daily population of 36 for FY-1995, 32 youth for FY-
1996, and anticipated average daily population of between 32 and 36 for
FY-1997, it is calculated that five Counselor I positions should be added
at this time to facilitate consistency in scheduling, and increased assurance
of staff availability to cover necessary shifts.
The cost of adding five additional permanent positions, is anticipated to
be $55,119 for the remainder of this fiscal year. This is based on a hire
date of February 1, 1997.
The cost of these new positions will be partially reimbursed by the state at
the time the proposed expansion of the facility is completed and
operational, which is anticipated to be July 1998.
Until the expansion is complete local funding will need to be provided for
these positions estimated to be $130,280 annually.
ISSUES
A. Staffing Needs
B. Cost
C. Safety and Security
Honorable Mayor & Members of Council
Page 6
December 16, 1996
ALTERNATiVES
Authorize an increase in the full-time employee level for secure juvenile
detention facility by five Counselor I positions.
Staffing Needs - The city would be in compliance with mandated
regulations requiring a one to ten ratio for staffing and the quality of
staffing would be optimal.
2. Cost - Funding is available in the general fund contingency.
Safew & SecuriW - Dependable, qualified, and professional staff trained
in areas such as behavior management and crisis counseling are necessary
to assure the safety and security ofstaffand detainees. Staffmust possess
the necessary skills to work effectively with agressive, emotionally
disturbed youth. Permanent employees possess the knowledge of the
detainees behavior patterns and security features of the facility.
Relief staff is unable to provide necessary continuity. Relief workers are
only mandated to have first aid, CPR, physical restraint training, and
orientation to the facility's program.
Do not authorize the increase of full time employees for the secure detention
home facility.
Staffing needs would be continued to be met by relief staff on an on-call,
availability status to meet the state department of Juvenile Justice
standards of staffing of the facility.
Cost would continue be an issue as funding for relief staff would be
needed.
Safety & Security are compromised because relief staff do not provide the
high-level of care necessary to provide for a consistent application of the
facility's policies and procedures. Consistent application of detainee
behavior is required to maintain control and management of the facility.
Honorable Mayor & Members of Council
Page 7
December 16, 1996
5. RECOMMENDATIONS
Concur with Alternative A and authorize the increase in full-time regular
employees for the Roanoke Juvenile Detention Home by five Counselor I
positions. Transfer $55,119 from contingency account 001-002-9410-
2199 to the following accounts:
Regular Employee Salaries - Acct. No. 001-054-3320-1002
FICA - Acct. No. 001-054-3320-1120
Retirement - Acct. No. 001-054-3320-1105
$46,260.00
3,539.00
5,320.00
TOTAL $55,119.00
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/GDR:gr
cc: Wilburn C. Dibling, Jr., City Attorney James Crrisso, Director of Finance
Glenn D. Radcliffe, Director of Human Development
Diane Akers, Budget Administrator
Jack Trent, Acting Superintendent, Juvenile Detention Home
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.V~, Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
December 23, 1996
File #27
SANDRA H. EAKIN
Deputy Ci~ Clerk
Larry G. Conner, Sr., President
Aaron J. Conner General
Contractor, Inc.
P. O. Box 6068
Roanoke, Virginia 24017
Dear Mr. Conne~
I am enclosing copy of Ordinance No. 33215-121696 accepting the bid of Aaron J. Conner General
Contractor, Inc., in the amount of $168,969.50, for the Lick Run Sewer Replacement Project LR-2,
upon certain terms and conditions; authorizing the proper City officials to execute the requisite
contract for such work; and rejecting all other bids made to the City for the work. The
aboveraferenced measure was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
The Honorable Marsha C. Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Grlsso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Kit B. Kiser, Director, Utilities and Operations
D. Dan~in Roupe, Manager, Supply Management
Dolores C. Daniels, Assistant to City Manager for Community Relations
Diane S. Akers, Budget Administrator, Office of Management and Budget
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
December 23, 1996
File #27
SANDRA H. EAKIN
Deputy City Clerk
Dixon Contracting, Inc.
Mendon Pipeline, Inc.
Pdllaman & Pace, Inc.
Gentlemen:
I am enclosing copy of Ordinance No. 33215-121696 accepting the bid of Aaron J. Conner General
Contractor, Inc., in the amount of $168,969.50, for the Lick Run Sewer Replacement Project LR-2,
upon certain terms and conditions; authorizing the proper City officials to execute the requisite
contract for such work; and rejecting all other bids made to the City for the work. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting
held on Monday, December 16, 1996.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the
abovedescribed project.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
IN THECOUNCILOFTHECITY OF ROANOKE, V/RGINL~
The 16th day of December, 1996.
No. 33215-121696.
AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the
Lick Run Sewer Replacement Project LR-2, upon certain terms and conditions, and awarding a
contract therefor, authorizing the proper City officials to execute the requisite contract for such work;
rejecting ali other bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Aaron J. Conner, General Contractor, Inc., in the total amount of
$168,969.50, for the Lick Run Sewer Replacement Project LR-2, as is more particularly set forth in
the December 16, 1996, report to this Council, such bid being in full compliance with the City's plans
and specifications made therefor and as provided in the contract documents offered said bidder, which
bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor,
said co.ls~sct to be in such form as is approved by the City Attorney, and the cost of said work to be
paid for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
end the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
Cay Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File #27-60
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 33214-121696 amending and reordaining certain
sections of the 1996-97 Sewage Treatment Fund Appropriations, providing for
appropriation of $190,970.00, in connection with the Lick Run Sewer Replacement Project
LR-2. The abovereferenced measure was adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
pc:
The Honorable Marsha C. Fielder, Commissioner of the Revenue
W. Robert Herbert, City Manager
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Kit B. Kiser, Director, Utilities and Operations
D. Darwin Roupe, Manager, Supply Management
Dolores C. Daniels, Assistant to City Manager for Community Relations
Diane S. Akers, Budget Administrator, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33214-121696.
AN ORDINANCE to amend and reordain certain sections of the 1996-97 Sewage
Treatment 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 Sewage Treatment Fund Appropriations, be, and the same
are hereby, amended and raordained to read as follows, in part:
AoDroDrlatlons
Capital Outlay $ 26,875,743
Lick Run Sewer Replacement LR-2 (1) ................................................... 190,970
Retained Eamin,qe
Retained Earnings - Unrestricted (2) ...................................................... $ 21,702,016
1) Appropriated from
General Revenue
2) Retained Earnings -
Unrestricted
(003-056-8481-9003)
(003-3336)
$ 190,970
(190,970)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
December 16, 1996
Council Report No. 96-181
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
Subject:
BID COMMITTEE REPORT
LICK RUN SEWER REPLACEMENT PROJECT LR-2
BID NO. 96-9-39
We, the undersigned Bid Committee, hereby submit the attached report for your consideration.
rrc~tt,~C~r m~n
Carroll E. Swa~f"
Kit B. Kiser
Charles M. Huffine
JHP/PCS/ga
Attachment: Bid Committee Report
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
December 16, 1996
Council Report No. 96-181
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
Subject: BID COMMITTEE REPORT
LICK RUN SEWER REPLACEMENT PROJECT LR-2
BID NO. 96-9-39
I concur with the Bid Committee recommendation relative to the above-referenced project and
recommend it to you for appropriate action.
Respectfully submitted,
.~oRol~e~~
City Manager
WRH/PCS/ga
Attachment: Bid Committee Report
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
December 16, 1996
Council Report No. 96-181
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
Subject:
BID COMMITTEE REPORT
LICK RUN SEWER REPLACEMENT PROJECT LR-2
BID NO. 96-9-39
I. Backoround on the subject in chronological order is as follows:
Lick Run Sewer Reolacement Project LR-? is part of the City's ongoing
Infiltration/Inflow (l\l) Program as required by Special Consent Order dated
August 10, 1992.
Sewer Reolacement Proiect LR-? will reduce the groundwater infiltration into the
sewer system.
Proiect was properly advertised and bids were oubliclv ooened and read aloud
by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday,
November 12, 1996.
Four (4) bids were received with Aaron J. Conner, General Contractor, Inc.,
submitting the Iow bid in the amount of $168.969.~0.
~ is as follows:
A. Sewer reolacement Droiect has been bid and now needs to be constructed.
Proiect consists orimarilv of reDlacino 2,670 feet of sanitary sewer linn and
restoring all disturbed areas to a satisfactory condition. The project is located
between Ferndale Drive and Frontage Road.
Ill.
Issues in order of importance are as follows:
A. Cost
B. Funding
IV.
Alternatives in order of feasibility are as follows:
Authorize the City Manaoer to execute a unit price contract, in a form approved
by the City Attorney, with Aaron J. Conner, General Contractor, Inc., in the
amount of $168.969.50 with 150 calendar days for completion, and authorize
a project contingency of $17.000 and $5.000 for interfund billing for contract
administration and inspection.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
LICK RUN REPLACEMENT PROJECT LR-2
BID NO. 96-9-39
December 16, 1996
Page 2
1. Cost is 39.7% below the Engineer's estimate.
2. Fundino is available in the Sewer Fund Retained Earnings account.
Do not authorize the City Manaoer to execute a contrast with Aaron J. Conner,
General Contractor, Inc.
1. Cost would be based on future bids.
2. Fundino would remain in the Sewer Fund Retained Earnings Account.
V. Recommendation is as follows:
City Council concur in Alternative "A" and take the following actions:
Authorize the City Manaoer to execute a unit price contract with Aaron J.
Conner, General Contractor, Inc., for the Lick Run Sewer Replacement Project
LR-2 in the amount of $168.969.50. and authorize a project contingency of
$17,000 and $5.000 for interfund billing for contract administration and
inspection.
ADDroDriate $190.970 from Sewer Fund Retained Earnings to a new account to
be established by the Director of Finance in the Sewer Fund called Lick Run
Sewer Replacement LR-2.
C. Reieet the other bids received.
PCS/ga
Attachment: Tabulation of Bids
C:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BIDS
LICK RUN SEWER REPLACEMENT PROJECT LR-2
BID NO. 96-9-39
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday,
November 12, 1996, at 2:00 p.m.
ALTERNATIVE
COMPANY BASE BID NO. I AMOUNT
Aaron J. Conner, General
Contractor, Inc. $168,264.50 $ 705.00 $168,969.50
Mendon Pipeline, Inc. 8269,841.00 81,762.50 $271,603.50
Prillaman & Pace, Inc. $278,245.00 $1,163.25 $279,408.25
Dixon Contracting, Inc. $340,653.00 $1,339.50 ~341,992.50
Estimated Cost:
$280.000
Office of the City Engineer
Roanoke, Virginia
December 16, 1996
MaW F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandra H. Eakin
Deputy City Clerk
December 23, 1996
File #27-468
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 33216-121696 authorizing execution of an
amendment to the 1994 Sewage Treatment Contract, between the City of Roanoke,
County of Botetourt, County of Roanoke, City of Salem, and the Town of Vinton, which will
provide that the parties will have certain percentage flow allocations at the expanded
sewage treatment plant. The abovereferenced measure was adopted by the Council of
the City of Roanoke at a reguiar meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Attachment
pc:
The Honorable Marsha C. Fielder, Commissioner of the Revenue
Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800,
Roanoke, Virginia 24018-0798
Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800,
Roanoke, Virginia 24018-0798
W.'Robert Herbert
City Manager
December 23, 1996
Page 2
pc:
Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia
24153
Forest G. Jones, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia
24153
Gerald A. Burgess, III, County Administrator, County of Botetourt, P. O. Box 279,
Fincastle, Virginia 24090
B. Clayton Goodman, III, Town Manager, Town of Vinton, P. O. Box 338, Vinton,
Virginia 24179
Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia
24179
Stewart Lassister, Finkbeiner, Pettis, and Strout, Ltd., 210 First Street, S. W.,
Roanoke, Virginia 24011
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
Steven L. Walker, Manager, Water Pollution Control Plant
IN TH~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33216-121696.
A RESOLUTION authorizing the execution of an amendment to the 1994 Sewage Treatment
Contract, between the City of Roanoke, County of Botetourt, County of Roanoke, City of Salem,
and the Town of Vinton, which will provide that the parties will have certain percentage flow
allocations at the expanded sewage treatment plant.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The Mayor and City Clerk are authorized, respectively, to execute and attest, for and
on behalf of the City an amendment to the 1994 Sewage Treatment Contract, between the City of
Roanoke, County of Botetourt, County of Roanoke, City of Salem, and the Town of Vinton, which
will provide that the parties will have the following percentage flow allocations at the expanded
sewage treatment plant, all as more particularly set forth in the report to this Council dated December
16, 1996.
City of Roanoke 45.71%
Botetourt County 6.47%
Roanoke County 24.52%
City of Salem 18.42%
Town of Vinton 4.88%
execution.
The form of such amendment shall be approved by the City Attorney prior to
ATTEST:
City Clerk.
December 16, 1996
Report No. 96-362
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Amendment to the 1994 Sewage Treatment Contract
The attached staff report was considered by the Water Resources Committee at its
regular meeting on October 23, 1996. We also now have concurrence from the other
participating jurisdictions per the attached letter dated November 25, 1996. The Committee
recommends that Council approve an amendment to the 1994 contract which will provide that
the parties will have the following percentage flow allocations at the expanded sewage
treatment plant:
City of Roanoke 45.71%
Botetourt County 6.47%
Roanoke County 24.52%
Salem 18.42%
Vinton 4.88%
100.00%
The governing bodies of the other jurisdictions will also be asked to approve the
amendment during December, 1996.
Respectfully submitted,
Li~da~F. Wyatt, Chairperson~'
Water Resources Committee
LFW:KBK:afm
Attachment
cc: W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Stewart Lassiter, Finkbeiner Pettis & Strout Ltd.
Report No. 96-362
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
October 23, 1996
TO:
FROM:
THRU:
SUBJECT:
fflembers,~ater Resources Committee
Kit B. Kiser, Director of Utilities & Operations
W. Robert Herbert, City Manager
Amendment to the 1994 Sewage Treatment Contract
I. Background:
Subject contract between Roanoke City, Roanoke County, City of
Salem, Botetourt County, and the Town of Vinton provides, among
other things, the following:
Expansion of the Sewage Treatment Plant from 35
million gallons per day (MGD) to 42 MGD during
average flow months and anticipates being able to treat
72 MGD during periods of time when rainfall is 125% of
the average rainfall for any particular month.
All parties agree to renegotiate capacity allocations if the
regulatory agencies do not agree to the tiered flow
definitions, e.g. flows tied to rainfall as defined above.
Regulatory_ agencies, specifically the Virginia Department of
Environmental Quality (DEQ), have indicated a hesitancy to approve
a tiered flow concept but have indicated they would approve a plant
expansion up to 62 MGD, while maintaining the current concentrate
limits to the extent the City can prove no negative impact on the
Roanoke River due to the elimination of sewer line overflows and
Page 2
II.
Co
Representatives of the contract parties have met and propose an
amendment to the 1994 contract that will provide a flow allocation
percentage to each party regardless of the final flow permitted by
DEQ. This amendment provides that each party will have the
percentage of flow actually permitted that is identical to the flow
allocations originally negotiated based on 42 MGD with minor
adjustments between the City of Salem, Botetourt County, and the
Town of Vinton. See the attached chart that shows the 42 MGD flows
and percentages, various proposals for adjustments at an anticipated
permitted flow of 62 MGD, and final recommended percentages.
Issues in order of consideration:
A. Need for amendment
B. Fairness
C. Cost sharing
III. Alternatives:
Committee recommend that Council approve an amendment to the
1994 contract which will provide that the parties will have the
following percentage flow allocations at the expanded sewage
treatment plant:
City of Roanoke
Botetourt County
Roanoke County
Salem
Vinton
45.71%
6.47%
24.52%
18.42%
4.88%
100.00%
Need for amendment will be fulfilled as anticipated in the
original contract.
Page 3
Fairness is evidenced by keeping the percentages close to those
originally negotiated based on 42 MGD.
3. Cost sharing will remain unchanged from the 1994 agreement.
B. Committee recommend that the amendment be denied.
1. Need for amendment will be delayed.
2. Fairness will still be an issue.
Cost sharing may need to be negotiated depending on flow
allocations negotiated.
IV.
Recommendation: Committee recommend that Council approve an
amendment thereby setting flow allocations based on the percentage outlined
in Alternative "A".
KBK:afm
Attachment
CC:
Wilbum C. Dibling, Jr., City Attomey
James D. Grisso, Director of Finance
Mary F. Parker, City Clerk
Stewart Lassiter, Finkbeiner Pettis & Strout Ltd.
FIRST AMENDMENT TO SEWAGE TREATMENT CONTRACT
DATED NOVEMBER 1, 1994
WHEREAS, the City of Roanoke, the County of Botetourt, the County of Roanoke, the
City of Saiem, and the Town of Vinton (all parties being political subdivisions of the
Commonwealth of Virginia) entered into a contract dated November 1, 1994, concerning sewage
treatment matters among themselves; and
WHEREAS, Appendix A to the November 1, 1994, contract provided for the allocation
of planned increased flow capacity based on an anticipated tiered permit being granted to the City
of Roanoke; and
WHEREAS, the Virginia Department of Environmental Quality (DEQ) has declined to
grant a tiered permit to the City of Roanoke; and
WHEREAS, the DEQ has informed the Virginia Department ofHeaith (VDH) with a
copy of that correspondence to the parties to the contract that DEQ will grant a permit for the
City of Roanoke Water Pollution Control Plant (WPCP) to increase its flow from 35 million
gallons per day (MGD) up to 62 MGD under certain conditions; and
WHEREAS, the parties to this First Amendment wish to fairly allocate among the parties
the increased flow capacity allowed by the above permit to be granted by the DEQ, the parties
hereby enter into this First Amendment.
WITNESSETH:
The City of Roanoke, the County of Botetourt, the County of Roanoke, the City of Salem,
and the Town of Vinton hereby agree to amend the Sewage Treatment Contract dated November
1, 1994, as follows:
1. The Appendix A to the 1994 Sewage Treatment Contract is hereby amended to
provide that the parties agree that any flow capacity achieved as the result of the first expansion
at the WPCP under the 1994 Sewage Treatement Contract as allowed by the permit to be granted
by the DEQ to increase the flow capacity at the WPCP and/or any operating permit at the WPCP
approved by VDH will be allocated among the parties based on the following percentages:
City of Roanoke 45.71%
Botetourt County 6.47%
Roanoke County 24.52%
City of Salem 18.42%
Town of Vinton 4.$8%
By way of~ the following allocations would apply assuming an increased flow
to 50 MGD:
CURRENT ALLOCATION OF FLOWS blEW ALLOCATION OF
AT 35 MGD FLOWS AT 50 MGD
City of Roanoke 15.83 22.85
Botetourt County 1.90 3.24
Roanoke County 9.00 12.26
City of Salem 6.65 9.21
Town of Vinton 1.62 2.44
TOTAL 35.00 50.00
2. Other than as amended above, all the provisions of the Sewage Treatment
Contract dated November 1, 1994, between the parties shall remain in full force and effect.
3. This agreement may be executed in quintuplicate, any one of which shall be
deemed the original.
4. Each party represents for itself and warrants to the other parties hereto that it has
all requisite power and authority to enter into this First Amendment to the Sewage Treatment
Contract dated November 1, 1994, and authority to perform its obligations under that contract
and incidental thereto.
This First Amendment is hereby dated
Wimess the following signatures and seals:
ATTEST:
Mary F. Parker, City Clerk
ATTEST:
Gerald A. Burgess, Clerk
ATTEST:
Mary H. Allen, Clerk
ATTEST:
Forest G. Jones· Clerk
ATTEST:
Carolyn Ross, Town Clerk
Approved as to Form:
· 199__
CITY OF ROANOKE
David A. Bowers, Mayor
COUNTY OF BOTETOURT
Robert E. Layman, Jr., Chairman, Board of Supervisors
COUNTY OF ROANOKE
Bob L. Johnson, Chairman, Board of Supervisors
CITY OF SALEM
Carl E. Tarpley, Jr., Mayor
TOWN OF VINTON
Charles R. Hill, Mayor
Approved as to Execution:
Novamber 25, 1996
Mr. Kit B. Kiser
Director of Utilities and Operations
City of Roanoke
Room 35~- Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 240111
Re:
Regional Sewage FaciLities
Amendment # I to 1994 Agra,merit
Dear Mr. Kiser:
We understand that the Water Resources Committee of the City of Roanoke approved the
proposed reallomtion of flows for the Regional Sewage Treatment Fa¢ilitie~ at its O~tober 23, 1996
meeting. The allocation of costs remains unchanged. The following summarizes the original cost
and flow -allocations and the proposed reallocation of flows.
Originally N~gotiated Proposed
Allocation O 42 MGD Reallocation O 62 MGD Share of
Loealitv Fl0w fMGD~ % Total Flow (MGD~ % Total Co~t
Roanoke Cky 19.20 45.71 28.34 45.71 37.3
Botetourt County 2.60 6.19 4.01 6.47 7.0
Roanoke County 10.30 24.52 15.20 24.52 29.2
~alom 7.80 18.57 11.42 18.42 20.9
Vimon 2.10 $.00 3.03 ~,88 5,6
TOTALS 42.00 100.00 62.00 100.00 100.00
According t~ your conversation with Mr. Lasslter, you are ready to present the reallo~tion of
flows to Roanoke City Council for consideration and approval. We hereby agree to present the
reailocated flows to our respective governing boards for consideration and approval. Please contact
Mr. Lassiter at 343-7513 to discuss this matter f~rther if you have any questions.
Sincerely,
Mr. I~lmer ltodge
County Administrator
Roanoke County
City Manager
City of Salem
Mr.T~ry Burgess
County Administrator
Bot~toun County
Mr. Clay Goodman
Town Manager
Town of Vinton
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
R~anoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
December 23, 1996
File #117-166-169-262-322-383
SANDRA H. EAKIN
Deputy City Clerk
George Cumming
Manager, Municipal Affairs
Amedcan Communication Services, Inc.
131 National Business Parkway, Suite 100
Annapolis Junction, Maryland 20701
James A. Gillis
Vice-President
KMC Telecom of Virginia, Inc.
11660 Alpharetta Highway, Suite 545
Roswell, Georgia 30076
Gentlemen:
I am enclosing copy of Ordinance No. 33199-121696 authorizing the City Manager to execute on
behalf of the City Temporary Nonexciusive Revocable License Agreements with KMC Telecom of
Virginia, Inc., and Amedcan Communication Services of Virginia, Inc., for construction, maintenance,
and operation of telecommunications facilities in the City's rights-of-way, for a term ending
September 26, 1997, or until the City adopts a final Telecommunications Regulatory Ordinance
and/or License/Frenchise Agreement, whichever occurs first and shall be subject to being revoked
without cause upon 60 days notice to each licensee. The aboveraferencad measure was adopted
by the Council of the City of Roanoke on first reading on Monday, December 2, 1996, also adopted
bythe Council on second reading on Monday, December 16, 1996, and will be in full force and effect
ten days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
Donald C. Reid, Area Manager, Bell Atlantic, 5415 Airport Road, N. W., Roanoke,
Virginia 24012
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
Gary E. Tegenkamp, Assistant City Attorney
Kit B. Kiser, Director, Utilities and Operations
Archie Harrington, Manager, City Information System
William F. Clark, Director, Public Works
Kenneth S. Cronin, Manager, Personnel Department
Glenn A. Asher, Risk Management Officer
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 16th day of December, 1996.
No. 33199-121696.
AN ORDINANCE authorizing the City Manage~ to execute on behalf of the City Temporary
Nonexclusive Revocable License Agreements with KMC Telecom of Virginia, Inc., and American
Communication Services of Virginia, Inc., for the construction, maintenance, and operation of
telecommunications facilities in the City's fights-of-way.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, Temporary Nonexclusive
Revocable License A~ements with KMC Telecom of Virginia, Inc., and American Communication
Services of Virginia, Inc., for the construction, maintenance, and operation of telecommunications
facilities in the City's rights-of-way, all as is more particularly set forth in the City Manager's report
to this Council dated December 2, 1996, and the City Attorney's report dated December 16, 1996.
2. The term for each license agreement shall be until September 26, 1997, or until the
City adopts a final Telecommunications Regulatory Ordinance and/or License/Franchise Agreement,
whichever occurs first and shall be subject to being revoked without cause upon 60 days notice to
licensee.
3. The Temporary Nonexclusive Revocable License Agreements shall be in a form
substantially similar to the form attached as Exhibit A to the City Attorney's report and approved by
the City Attorney.
ATTEST:
City Clerk.
W1LBURN C. DIBLING, JR.
CITY ATTORNEY
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BU1LD1NG
215 CHURCH AVENUE, SW
ROANOKE. VIRGINIA 24011-1595
TELEPHONE: 54{~853-243 I
FACSIMILE: 540-85LI221
E MA[L: cityatly ~ ci rllan oke.va.us
December 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:
Temporary nonexclusive revocable license agreements
for KMC Telecom of Virginia, Inc. and American
Conununicafion Services of Virginia. Inc.
Dear Mayor Bowers and Council Members:
At its meeting of December 2, 1996, City Council adopted on first reading an
ordinance authorizing temporary nonexclusive revocable license agreements with KMC
Telecom of Virginia, Inc., and American Communication Services of Virginia, Inc. The
agreements will permit the applicant telecommunications fn-ms to construct, maintain and
operate telecommunications facilities in the City fights-of-way to provide
telecommunications services within the City.
By letter of December 2, 1996, and also by personal appearance of Donald C. Reid,
Area Manager, Bell Atlantic-Virginia, Inc. ("Bell Atlantic") noted certain objections to the
City's proposed agreements with the applicant telecommunications finns. Although the City
had no intention of applying the temporary license agreement to Bell Atlantic, Bell Atlantic
was, nevertheless, concerned that the terms of the temporary license agreement could be
applied to it flits existing franchise expires prior to the date that the City adopts a permanent
telecommunications regulatory ordinance which will apply to all similarly situated
telecommunications competitors, including Bell Atlantic. Bell Atlantic's current 30-year
franchise expires at midnight on September 26, 1997.
On December 10, 1996, City representatives met with representatives of Bell Atlantic
to discuss Bell Aflanfic's concerns. I am pleased to report to you that Bell Atlanfic's concerns
have been addressed and that Bell Atlantic no longer has objection to City Council's adoption
on second reading of the attached ordinance. The balance of this report will summarize
amendments made to the temporary nonexclusive revocable license agreements to address
Bell Atlanfic's objections as set forth in its letter of December 2, 1996.
The Honorable Mayor and Members
of City Council
December 16, 1996
First, Bell Atlantic objected that the licensee would be required to provide four dark
fibers for the exclusive use of the City and pay "interim compensation", including a
percentage of licensee's gross revenue, until such fibers are available for use. It was, of
course, never the intent of the City to require a temporary licensee to pay a percentage of
gross receipts and whether a pementage of gross receipts may be included as a fee in the
City's permanent ordinance will ultimately be determined by the FCC and the courts. To
address this concern, Section 8 of the License Agreement has been amended to provide that
dark fiber will be provided only in locations specified on an exhibit attached to the license
agreement; that the permanent ordinance will require a percentage of gross receipts only if
permitted under applicable law; and that the licensee will receive a credit or refund for any
in-kind services provided in excess of compensation ultimately agreed to.
Second, Bell Atlantic objected that the Agreement requires the licensee to receive
permission of the City Manager before moving, altering, changing or extending the grantee's
facilities. To address this objection, Section 14.5.3 of the Agreement has been amended to
provide that the licensee will, except in the case of emergencies, comply with the City's street
opening permit ordinance which is applicable to all private parties that open public right-of-
way.
Third, Bell Atlantic objected that the licensee would be required to provide the City
with digitized maps of facilities in AutoCAD format. To address this objection, Section
14.15 of the Agreement will be amended to provide that the licensee will provide the City
with "as built" drawings and an accurate map or maps in an electronic form agreed to by the
City and licensee certifying the location of licensee's facilities. In the unlikely event that the
City and licensee could not agree on the appropriate electronic format, the licensee would
provide the requested information in paper format.
Fourth, Bell Atlantic objected that the Agreement requires the licensee to furnish the
City with a copy of any lease or agreement to provide bandwidth to its customers. The
purpose of the City in including this provision was to prevent a telecommunications entity
that should be subject to regulation of the City as to use of public right-of-way from entering
business in the City without the knowledge of the City. To accomplish the narrow purpose
of the City and satisfy the objection of Bell Atlantic, Section 14.17 of the Agreement will
be amended to require that any licensee provide the City written notice when capacity or
bandwidth is leased to another telecommunications carder or telecommunications provider.
The Honorable Mayor and Members
of City Council
December 16, 1996
3
Fifth, Bell Atlantic objected to the City's indemnification language as overbroad. In
this regard, certain technical amendments have been made to the language of Section 14.19
to tighten it up and more narrowly address the City's needs.
Sixth, Bell Atlantic objected to a prohibition against the leasing of pole and duct space
without the permission of the City Manager. Again, the intent of the City was to prohibit the
ent~ into City right-of-way of teleconununications carders or providers without the
knowledge of the City. This objection of Bell Atlantic will be addressed, without doing
violence to the City's interests, by requiting that the licensee not lease conduit or duct space
to another telecommunications carder or provider without advance written notice to the City.
See § 14.17 of license agreement.
Also, to address Bell Aflantic's concern that it might become subject to the license
agreement upon expiration of its existing franchise, the agreement has been amended to
provide that it will remain effective until September 26, 1997, or until the City adopts a new
permanent telecommunications regulatory ordinance, whichever occurs first. See §9 of
license agreement. Since Bell Atlanfic's existing fianchise expires on midnight on September
26, 1997, this amendment addresses Bell Atlantic's concerns.
Finally, two nonsubstanfive changes have been made in the attached ordinance which
is being considered by City Council on second reading. First, a clerical error in the legal
name of one of the finns has been corrected; "American Communications Services of
Virginia, Inc." has been amended to read "American Communication Services of Virginia,
Inc.". Second, in Paragraph 2 of the attached ordinance, as noted above, the term of the
license agreement has been amended to provide that it will be effective until September 26,
1997, or until a final telecommunications regulatory ordinance is adopted, whichever occurs
frrst.
Attached to this report as "Exhibit A" is a copy of the revised temporary nonexchisive
revocable license agreement with the revisions noted above.
I am pleased to advise that KMC Telecom of Virginia, Inc., and American
Communication Services of Virginia, Inc., have no objection to the amendments outlined
above and continue to support adoption of the attached ordinance on second reading. The
City Manager and I also recommend adoption of the attached ordinance on second reading.
The Honorable Mayor and Members
of City Council
December 16, 1996
4
I gratefitlly acknowledge the continuing support and assistance of the City Manager
and his staff as we attempt to comply with the Telecommunications Act of 1996 while
protecting the City's interests.
Please contact me if you should have any questions with respect to this subject matter.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachment
CC:
Donald C. Reid, Area Manager, Bell Atlantic
George Cumming, Manager Municipal Affairs, American Communication
Services, Inc.
James A. Gillis, Vice-President, KMC Telecom of Virginia, Inc.
W. Robert Herbert, City Manager
Maxy F. Parker, City Clerk
William F. Clark, Director of Public Works
Archie Harrington, Manager, CIS
Ga~y E. Tegenkamp, Assistant City Attorney
TEMPORARY NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT
This Temporary Nonexclusive Revocable License Agreement (hereat~er - Agreement) is made
and entered into as of , 1996, by and between the City of Roanoke, Virginia, a
Virginia municipal corporation (hereafter - City or Grantor) and
(hereat~er or Licensee or Grantee), a corporation, having an office at
WHEREAS, has requested the right to install and operate a
telecommunications system or facilities in the City's rights-of-way in order to provide
telecommunications services within certain areas of the City; and
WHEREAS, the City is in the process of developing a Telecommunications Regulatory
Ordinance and License/Franchise Agreement which will take several months to complete; and
WHEREAS, desires to enter the City rights-of-way under a temporary
nonexelusive revocable license to use the rights-of-way at its own risk; and
WHEREAS, the City is agreeable to allowing to use the City rights-of-
way subject to certain terms and conditions hereinat~er set out and subject to any
Telecommunications Regulatory Ordinance and License/Franchise Agreement that may be
adopted by the City in the future.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the City and agree as follows:
Section 1: Grant of Authority.
will provide a detailed route diagram and detailed description of all
facilities, appliances, their location, and construction requirements which shall be attached to this
Agreement as Exhibit 1. is hereby granted a temporary nonexclusive revocable
license to construct, maintain, and operate telecommunications facilities in, over, under, and
across only those portions of the public ways within the City as described in Exhibit 1 for the sole
purpose of providing telecommunication services, including but not limited to both local and long
distance. This license does not include any provision of any cable television services of any type
or any wireless services or other types of services other than telecommunication services as
defined in the definition section of this Agreement. The City specifically reserves the right to
grant other licenses, or franchises or other rights as it deems appropriate for other
telecommunications systems or facilities or any other purposes in accordance with the law.
Section 2: Definitions.
For the purpose of this Agreement, and the interpretation and enforcement thereof, the
following words and phrases shall have the following meanings, unless the context of the sentence
in which they are used shall indicate otherwise:
"Affiliate" means a person that directly, or indirectly, through one or more intermediaries,
owns, controls, is owned or controlled by, or is under common ownership or control with
another person.
"CableAct" shall mean the Cable Communications Policy Act of 1984, 47 U.S.C. §53~,
et seq., as now and hereat~er amended.
EXHIBIT A
"Cable opernto~' means a person providing or offering to provide "cable service" within
the City as that term is defined in the Cable Act.
"Cable service" for the purpose of this Agreement shah have the same meaning provided
by the Cable Act.
"CiO~" means the City of Roanoke, Virginia, and where appropriate, its officers, agents,
employees and volunteers.
"City Manager" means the City Manager of the City of Roanoke or his designee.
"CiO~ property" means and includes all real property owned by the City, other than public
streets and utility easements, as those terms are defined herein, and aH property held in a
proprietary capacity by the City, which are not subject to right-of-way licensing and
franchising as provided in this Agreement.
"Communications/Icg" means the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, and as may be
amended from time to time.
"Conduit" means any materials such as the metal or plastic pipe that protects wke, cable,
lines, fiber optic cable, or other technology for the provision of telecommunication service.
"Ducf' means a pipe, tube, channel or similar item for carrying wires, lines, cables, fiber
optic cable, or other technology for the provision of telecommunications service.
"Excess capaci(y'' means the volume or capacity in any existing or future duct, innerduct,
conduit, manhole, handhole or other utility facility within the public way that is, or will be,
available for use for additional telecommunications facilities.
"FCC" or "Federal Communications Commission" means the Federal administrative
agency, or lawful successor, authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
"Grantee" means any person receiving any authorization pursuant to the terms and
provisions of this Agreement, including a Licensee or Franchisee.
"Grantor" means the City of Roanoke, Virginia.
"Gross revenue' means any and all cash, credit, property of any kind or nature, or other
consideration received directly or indirectly by a telecommunications carrier in any way
derived from its provision of telecommunications service in the City or from its
telecommunications facilities in the City whether or not they originate or terminate in or
outside the City.
"Maintenance" means any effort or expenditure taken or made by a Grantee to preserve,
repair, or improve existing telecommunications facilities or infrastructure in accordance
with generally accepted industry standards.
"Otker ways" means the highways, streets, alleys, utility easements or other rights-of-way
within the City, but under the jurisdiction and control ora governmental entity other than
the City.
"Over&eadfacilities" means utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the underground supports and
foundations for such facilities.
"Person" means any natural person, corporation, company, association, joint stock
company or association, firm, partnership, limited liability company, joint venture, trust,
individual and any other legally recognized entity, private or public, whether for profit or
not-for-profit and includes the officers, agents, employees or representatives of such entity
where appropriate.
"Public street" means the surface of and the space above and below any public street,
road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way,
including non-paved surfaces, now or hereafter held by the City for the purpose of public
travel, communications, alarm, street lighting, power distribution, or similar public use.
"Public ~pay" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter held or controlled by the City, but only to the extent
of the City's right, title, interest or authority to grant a License or Franchise to occupy and
use such streets and easements for telecommunications facilities.
"State" or "Commonwealth" means the Commonwealth of Virginia.
"State Corporation Comrms'sion" means the State administrative agency, or lawful
successor, authorized to regulate and oversee telecommunications carriers, services and
providers in the Commonwealth of Virginia.
"Surplus space" means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users and the ground surface, as required by the
orders and regulations of the State Corporation Commission or other regulatory entity, to
allow its use by a telecommunications carrier for a pole attachmant.
"Telecomraunications cart/er" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, circuits, equipment or property
within the City, used or to be used for the purpose of offering telecommunications service.
"Teicconum, nicationsfacilities" means the plant, equipment and property, including but
not limited to, fiber optic cables, cables, lines, wires, conduits, ducts, circuits, pedestals,
antennae, electronics and other appurtenances or technology used or to be used to
transmit, receive, distribute, provide or offer telecommunications services.
"Telecomnmnicatlons provider" means and includes every person who provides
telecommunications service over telecommunications facilities without any ownership or
management control of the telecommunications facilities.
"Telecommunications service or services" means the providing or offering for rent, sale
or lease, or in exchange for other value received, the transmittal of signals, including but
not limited to voice, data, image, graphic or video or other programming information
between or among points by wire, lines cable, fiber optics, circuits, laser or infrared,
microwave, radio, satellite or other telecommunications facilities.
"Telecommunications system" See "Telecommunications facilities':
"Undergroundfacilitics' means utility or telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports for Overhead
Facilities.
"Usable space" means the total distance between the top ora utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as
specified in the orders and regulations of the State Corporation Commission or other
regulatory entity.
"U~ili~y' or "Public Utility" shall be defined in accordance with applicable state laws
regarding public utilities.
"Utility easement" or "Public Utility easement" means any easement held by the City
and acquired, established, dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
"Utilltyfacilitles" means the plant, equipment and property, including but not limited to,
the poles, pipes, mains, conduits, ducts, cables, fiber optic cables, circuits, wires, lines,
plant and equipment located under, on or above the surface of the ground within the
public ways of the City and used or to be used for the purpose of providing utility or
telecommunications services.
Section 3: Compliance With Applicable Law.
City and Licensee shall at all times comply with ali applicable federal, state, and local laws,
ordinances, and regulations, including but not limited to the Communications Act.
Section 4: Permit~.
Licensee, including its contractors and consultants, prior to any construction or work will
obtain all appropriate permits therefor, including any application and permit for street opening if
any streets will be disturbed.
Section 5: Licensee's Authority.
Licensee warrants and represents that it has obtained all necessary and appropriate
authority and approval from all applicable federal and state agencies or authorities to provide all
telecommunications facilities and services it intends to provide within the City and upon request
by the City will provide evidence of such authority.
Section 6: License Only.
Licensee acknowledges and agrees that ali Licensee is granted by this Agreement is a
temporary nonexclusive revocable license and that no fi'anchise or any other rights of any kind are
granted by this Agreement, including but not limited to any right to provide any type of cable
television services or wireless services.
Section 7: Application Of Telecommunications Regulatory Ordinance.
Licensee acknowledges and agrees that the City is in the process of developing a
Telecommunications Regulatory Ordinance and License/Franchise Agreement, a copy of the latest
version of those documents dated August 26, 1996, being attached hereto as Exhibit 2. Licensee
acknowledges and agrees it has reviewed Exhibit 2 and that it will be subject to any final
Telecommunications Regulatory Ordinance and/or License/Franchise Agreement that the City
may adopt in accordance with the law and that Licensee will comply with ali the terms and
conditions of any such Ordinance or Agreement, including but not limited to any terms for
compensation due to the City, and that such compliance will be retroactive to the date of this
Agreement.
Section 8: Compensation.
Licensee acknowledges and agrees that the compensation Licensee will owe the City for the
use of the City's public ways or other areas has not yet been determined as of this time, but will be
determined upon the City's adoption of the Telecommunications Regulatory Ordinance and/or
License/Franchise ^~reement mentioned in Section 7 above. In the meantime, Licensee agrees that
as partial compensation for use of the public ways or other areas of the City, Licensee will provide
the City and maintain at no cost to the City an Indefeasible Right of Use (IRU) for four (4) dark fibers
for the sole noncommercial use of the City in the locations specified in Exhibit 1. Notwithstanding
anything set forth herein or in this Agreement, Licensee shall also provide and maintain at no cost
to City connectivity to the City Municipal Building located as 215 Church Avenue, SW, such
connectivity to be provided within 60 days at, er notice from the City that it is ready and able to use
one or more of the 4 dark fibers. City and Licensee may agree to alternative equivalent partial
compensation to the City during the term of this temporary License in place of providing the above
mentioned dark fibers. However, Licensee acknowledges and agrees that it will provide or pay to
the City whatever compensation will be due the City under any Telecommunications Regulatory
Ordinance and/or License/Franchise Agreement as mentioned in Section 7 above that the City may
adopt and that such compensation will be due retroactively to the effective date of this Agreement.
Such compensation may include, but not be limited to any percentage of gross revenues, linear foot
charges, provision of connectivity and/or laterals to City owned, occupied, or controlled buildings,
other in kind services or equipment, or any other costs or expenses, that are permitted under
applicable law. Licensee acknowledges and agrees that there may be additional costs associated with
the provision of these in-kind services that may have been avoided if finalized prior to the adoption
of this Agreement. Licensee assumes responsibility for such additional costs and warrants that the
City will not be prejudiced in further negotiations for compensation due solely to the increase in
providing the in kind services after construction of the Licensee's backbone network. The City and
Licensee further agree that Licensee shall only be entitled to offset its direct additional cost
(incremental cost) of providing City with an IRU for four (4) dark fibers as required above against
such other compensation for the use of the City's public ways or other areas which Licensee may be
required to pay the City pursuant to the Telecommunications Regulatory Ordinance that may be
adopted by the City and/or any License/Franchise Agreement granted thereunder. Such direct
additional cost (incremental cost) will not include any overhead, installation, or other costs, but will
only be the amount oftbe difference between the cost of the bundle of fibers the Licensee places in
its network with the 4 dark fibers dedicated to the use of the City and the cost of that bundle without
the 4 dark fibers dedicated to the City's use. Such cost is estimated by Licensee to be $__
Furthermore, the total offset Licensee may claim or be entitled to shall not exceed the total of
$ . However, should such direct additional cost (incremental cost) for providing the City an
IRU for four (4) dark fibers or any alternative equivalent compensation paid by Licensee to the City
pursuant to this Agreement exceed whatever compensation will be due the City upon adoption of a
Telecommunications Reg~_d~tory Ordinance and/or License/Franchise Agreement as set forth above,
then upon expiration of Licensee's License or Franchise under such Telecommunications Regulatory
Ordinance, Licensee may request a refund of any such excess amount. Upon verification by the City
that Licensee has paid or provided all compensation and any other costs or expenses due the City,
the City will refund any such excess amount due the Licensee. The City shall further have the right
to inspect, and Licensee agrees to make available to City, the Licensee's books and records necessary
for the City to confirm any costs claimed by Licensee.
Section 9: Tenn.
The term of this Agreement shall be until September 26, 1997, or upon the adoption of a
Telecommunications Regulatory Agreement by the City, whichever occurs ~st, at which time all
rights of Licensee under this Agreement shall terminate. Furthermore, the City shall have the right
to revoke the Licensee's rights under this Agreement, with or without cause, at any time upon giving
the Licensee sixty days written notice, such notice to be sent to the Licensee at the following address
by certified return receipt mail or overnight delivery service or by facsimile:
Facsimile
Section 10: Other remedies.
Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies
that the City or Licensee may have, at law or in equity, for enforcement of this Agreement.
Section 11: Severability.
If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its
application to any person, is, for any reason, declared invalid, in whole or in part by any court or
agency of compotent jurisdiction, said decision shall not affect the validity of the remaining portions
hereof.
Section 12: Transfer of ownership.
Licensee shall not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either
voluntarily or by force or involuntary sale, or ordinary sale, consolidation, or otherwise any of the
rights or privileges granted by this Agreement without the prior consent of the City Council.
Section 13: Costs.
Licensee will pay to the City the sum of $5,000 as partial costs and expenses incurred by the
City related to the grant of this License Agreement. The total amount of costs and expenses Licensee
will owe the City in connection with the grant of this License Agreement and/or the adoption ora
Telecommunications Regulatory Ordinance and License/Franchise Agreement will be deten~ined
upon the City's adoption of such Ordinance and/or Agreement, not to exceed $10,000 per Licoesee.
However, Licensee will also pay the City all reasonable costs and expenses incurred by the City in
connection with any enforcement or defense of this License Agreement. All such costs and expenses
are to be paid within thirty days after submission of any statements to the Licensee by the City for
such costs and expenses.
Section 14: Conditions of License.
Section 14.1: Location of Facilities:
All telecommunications facilities shall be constructed, installed and located in accordance
with the following terms and conditions, unless otherwise specified:
14.1.1 :To the exte~ feasible, a Grantee shall install its telecommunications facilities within an existing
underground duct or conduit whenever excess capacity exists within such utility facility, ff
not feas~le, Grantee, upon approval f~om the City, may construct or install its own conduits
or ducts.
14.1.2:A Grantee with permission to install overhead facilities shall install its telecommunications
facilities on pole attachments to existing or replacement utility poles only, and then only if
surplus space is available.
14.1.3 :Whenever any existing electric utilities, cable facilities or telecommunications facilities are
located underground within a public way of the City, a Grantee with permission to occupy
the same public way must also locate its telecommunications facilities underground.
14.1.4:Whenever any new or existing electric utilities, cable facilities or telecommunications facilities
are located or relocated underground within a public way of the City, a Grantee that currently
occupies the same public way shall relocate its facilities underground, at Grantee's sole cost,
within a reasonable period of time, which shall not be later than the end of the grant term.
Absent extraordinary circumstances or undue hardship as determined by the City, such
relocation shall be made concurrently to minimize the disruption of the public ways.
14.1.5:whenever new telecommunications facilities will exhaust the capacity of a public way or utility
easement to reasonably accommodate future telecommunications carriers or facilities, the
Grantee shall provide, at no cost to City, additional ducts, conduits, manholes, handholes and
other facilities for nondiscriminatory access to future telecommunications carriers or use
alternate routes, subject to approval from the City.
Section 14.2: Compliance with Laws:
All Grantees shall, before commencing any construction in the public ways, comply with aH
local, state and federal laws and regulations and continue to comply with them throughout the License
or Franchise.
Section 14.3: Permits:
All G~antees are required to obtain all applicable permits for telecommunications facilities as
required in this Agreement. However, nothing shall prohibit the City and a Grantee from agreeing
to an alternative plan to review permit and construction procedures in an agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible construction
practices.
Section 14.4: Public Works:
The rights and privileges granted by this Agreement shall not be in preference or hindrance
to the rights of the City and any other lawful governmental authorities having jurisdiction to perform
or carry out any public works or public improvements. Should the telecommunications system
interfere with the cunstruction, maintenance or repair of such public works or improvements,
Grantee, at its sole expense, shaH protect or relocate the telecommunications system, or any
applicable part thercot~ as directed by the City or other governmental authorities having jurisdiction.
Section 14.5: Use of Public Ways:
14.5.1:Grantee, in any opening it shaH make in the public ways of the City, shall be subject to the
provisions of this Agreement and to all applicable ordinances, codes and regulations of the
City. The telecommunications system of the Grantee shall be located so as not to interfere
with tho public safety or with the convenience of persons using the public ways.
14.5.2:The City reserves the right by resolution of the City Council or otherwise through proper
representatives of the City to specifically designate the location of the telecommunications
system of Grantee with reference to municipal facilities, such as sewer and water mains,
drainage facilities, fiber optic cable, signal poles and lines and similar services, other facilities,
such as public telephone utilities, public electric utilities, public cable television utilities, and
railway communication and power lines, in such a manner as to protect the public safety and
public and private property and to facilitate the creation of a convenient, attractive and
harmonious community. Failure by the City to so designate does not relieve Grantee of its
responsibilities in matters of public safety as provided in this Agreement. Grantee shall
construct, maintain and locate its telecommunications system so as not to interfere with the
construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber
optic facilities of the City.
14.5.3:Except in the cases of emergencies, Grantee shall at all times comply with Section 30-60 et
seq. of the Code of the City of Roanoke, 1979, as amended, with respect to any opening it
shall make in the public ways of the City. Grantee shall not extend beyond the locations
specified in Exhibit I its telecommunications system in any public way unless prior written
notice of its intention to do so is given to the City Manager and permission in writing to do
so is granted by the City Manager or such requirement is waived by the City Manager. Such
permission shall be conditioned upon compliance with the terms and conditions of this
Agreement, with such other terms and conditions as will preserve, protect and promote the
safety of the public using the public ways, and as will prevent undue interference with or
obstruction of the use of the public ways of the public, the City or by any public utility or any
public service corporation for their respective purposes and functions. Such work by Grantee
shall also be coordinated with the City's annual paving program through the Office of the City
Engineer.
14.$.4:The City does require that written permits, in any and ail cases, be obtained by Grantee
whenever it becomes necessary for Grantee to excavate in the public ways in order to install,
construct, maintain or extend the telecommunications system. Such permits are applicable
to any and all types of excavations in the public ways, and City Council may, by resolution,
establish a fee for each excavation made in a public way. Such permits may require the
particular part or point of the public ways where construction or excavation is to be
conducted, the length of time in which such permit shall authorize such work to be done and
the hours of each day during which such work shall be undertaken. A single permit may be
issued for multiple excavations to be made in public ways; provided, however, any public way
opening fee established by City Council shall apply to each excavation made in public ways
of the City. Exceptions to the requirement for a written permit may be allowed in cases of
emergencies involving public safety or restoration of service. In the case of emergency
excavations made in the public ways without pel~t, Grantee may make a report of each such
excavation to the City within two (2) working days and pay such fee as may be established
by City Council for excavations in public ways. Any permit applications and inspections
related to repair of excavations shall be promptly acted upon by the City so as not to
unreasonably delay the Grantee in discharging its public service obligation. Any fees for
permit~ or inspections charged by the City shall be based on the Cites costs of administering
the program of issuing permits and conducting inspections.
14.5.$:Immediately after installation, repair or extension of the telecommunications system or any
portion thereof or any pavement cut by Grantee in any public way of the City, the incidental
trenches or excavations shall be refilled by Grantee in a manner reasonably acceptable to the
City Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways
damaged, disturbed or destroyed by such work shall be promptly restored and replaced with
like materials to their former condition by Grantee at its own expense; however, where it is
necessary, and if authorized by the City, in order to achieve the former conditions, Grantee
shah use materials whose type, specification and quantities exceed or are different from those
used in the installation, and Grantee at its own expense shall provide such different materials.
Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing
only the area actually cut, Grantee shall replace the full width of the existing sidewalk or
appropriate sections of paving as determined by the City Engineer and the full length of the
section or sections cut, a section being defined as that area marked by expansion joints or
scoring or as determined by the City Engineer. Grantee shall maintain, repair and keep in
good condition for a period of one (1) year following such disturbance all portions of public
ways disturbed by Grantee, provided such maintenance and repair shall be necessary because
of defective workmanship or materials supplied by Grantee.
14.5.6:Grantee shall promptly remove or correct any obstruction, damage, or defect in any public
way which was caused by Grantee in the installation, operation, maintenance or extension of
Grantee's telecommunications system. Any such obstruction, damage, or defect which is not
promptly removed, repaired or corrected by Grantee at, er proper notice to do so, given by
the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be
charged against Grantee and may be enforced as a lien upon any of Grantee's properties or
assets subject to any prior existing liens. Any expense, cost, or damages incurred for repair,
relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage,
communication facilities or other property resulting from construction, operation,
maintenance or extension of Grantee's telecommunications system shall be borne by Grantee
and any and all expense and cost incurred in connection therewith by the City shall be fully
reimbursed by the Grantee to the City.
(a) If weather or other conditions do not p~fit the complete restoration required
by this Section, the Grantee shall temporarily restore the affected public ways
or property. Such temporary restoration shall be at the Grantee's sole
expense and the Grantee shall promptly undertake and complete the required
pe~,ument restoration when the weather or other conditions no longer prevent
such permanent restoration.
(b) A Grantee or other person acting in its behalf shah use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of
all members of the general public and to prevent injury or damage to any
person, vehicle or property by reason of such work in or affecting such ways
or property and shall comply with all federal, state, and local laws and
regulations, including the Virginia Department of Transportation flagging
requirements.
14.5.7:Grantee shah not open, disturb or obstruct, at any one time, any more of the public ways than
reasonably may be necessary to enable it to proceed in laying or repairing its
telecommunications system. Neither shall Grantee permit any public ways so opened,
disturbed or obstructed by it in the installation, construction, repair or extension of its
telecommunications system to remain open or the public way disturbed or obstructed for a
longer period of time than reasonably shah be necessary. In all cases where any public ways
shah be excavated, disturbed or obstructed by Grantee, Grantee shah take ah precautions
necesmuy or proper for the protection of the public and shall maintain adequate warning signs,
barricades, signals and other devices necessa~ or proper to adequately give notice, protection
and warning to the public of the existence of all actual conditions present.
14.5.8:Whenever the City shall widen, reconstruct, realign, pave or repave, or otherwise work on any
public ways, or shall change the grade or line of any public ways, or shall construct or
reconstruct any water, sanitary sewer, storm sewer, drainage or communications facility of
the City, it shall be the duty of Grantee to move, alter or relocate its telecommunications
system or any part thereof as requested by the City at Grantee's cost and expense. Upon
written notice by the City Manager of the City's intention to perform work as specified above,
Grantee shall within a reasonable period of time accomplish its obligation in accordance with
and to conform to the plans of the City for such construction, reconstruction or
improvements. Should the Grantee fail, refuse or neglect to comply with such notice, the
telecommunications system or any part thereof may be removed, altered or relocated by the
City, the cost of which shall be paid by Grantee, and the City shall not be liable to Grantee for
any damages resulting bom such removal, alteration or relocation. In cases where Grantee
believes the costs of relocation by Grantee would be cost prohibitive and an alternative
location of the City's facilities would be feasible, the City and Grantee may jointly evaluate
whether Grantee could reasonably pay any additional costs to the City of the alternative City
facility location in lieu of relocating Grantee's facilities.
Section 14.6: Damage to Property:
No Grantee nor any person acting on a Grantee's behalf shail take any action or permit any
action to be done which may impair or damage any City Property, public ways or other areas of the
City, or other property located in, on or adjacent thereto.
Section 14.7: Repair and Emergency Work:
In the event of an unexpected repair or emergency, a Grantee may commence such repair and
emergency response work as required under the circumstances, provided the Grantee shall notify the
City as promptly as possible, before such repair or emergency work is started or es soon thereafter
as possible if advance notice is not practicable, but in no event later than 2 working days.
Section 14.8: Maintenance of Facilities:
Each Grantee shall maintain its facilities in a good and safe condition and in a manner that
complies with all applicable federal, state and local requirements, laws, ordinances, and regulations.
Section 14.9: Safety Standards.
Grantee shall at all times employ a high standard of care and shall install and maintain and use
approved methods and devices for preventing failure or accidents which are likely to cause damages,
injuries or nuisances to the public.
Section 14.10: Police Power.
All rights and privileges granted hereby are subject to the lawful exercise of the police power
of the City to adopt and enforce local laws, rules and regulations necessary to the health, safety and
general welfare of the public. Expressly reserved to the City is the right to adopt, in addition to the
provisions of this Agreement, any License or Franchise and existing laws, such additional ordinances
end regulations as are necessary for the lawful exercise of its police power for the benefit and safety
of the public.
Section 14.11: Relocation or Removal of Facilities:
Within thirty 00) days following written notice from the City, a Grantee shall, at its own
expense, temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways whenever the City shall have determined that
such removal, relocation, change or alteration is reasonably necessary for:
14.11.1:The construction, repair, maintenance or installation of any City facilities or other public
improvement in or upon the public ways.
14.11.2:The operations of the City or other governmental entity in or upon the public ways.
Section 14.12: Removal of Unauthorized Facilities:
Within thirty (30) days following written notice from the City, any Grantee,
telecommunications carrier, or other person that owns, controls or maintains any unauthorized
telecommunications system, facility or related appurtenances within the public ways or other areas
of the City shall, at its own expense, remove such facilities or appurtenances from the public ways
or other areas of the City. A telecommunications system or facility is unauthorized and subject to
removal in the following circumstances:
14.12.1:Upon expiration or termination of the Grantee's telecommunications License or Franchise.
14.12.2:Upon abandonment of a facility within the public ways of the City.
14.12.3:If the system or facility was constructed or installed without the prior grant of a
telecommunications License or Franchise.
14.12.4:If the system or facility was constructed or installed without the prior issuance of a required
construction permit.
14.12.5:If the system or facility was constructed or installed at a location not permitted by the
Grantee's telecommunications License or Franchise.
14.12.6:Such other circumstances as the City may determine that shows the telecommunications
system or facility is unauthorized.
Section 14.13: Emergency Removal or Relocation of Facilities:
The City retains the right and privilege to cut or move any telecommunications facilities
located within the public ways or other areas of the City as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City will endeavor
to notify telecommunications carders of emergencies which may impact their telecommunications
facilities by either attempting to notify the carrier or the appropriate notification center. Nothing
herein shall create any duties or obligations on the City to so notify said telecommunications carders
nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure
to notify said telecommunications carriers or notification center.
Section 14.14: Damage to Grantee's Facilities:
The City, its officers, agents, employees, or volunteers shall not be liable for any damage to
or loss of any telecommunications services or any telecommunications facility within the public ways
or any other areas of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work or activity or lack of any activity
of any kind by or on behalf of the City.
Section 14.15: Facilities Maps:
Grantee shall provide the City with "as built" drawings and an accurate map or maps in an
electronic form agreed to by City and Grantee certifying the location of all of Grantee's
telecommunications facilities within the City. To the extent City and Grantee cannot agree on an
appropriate electronic form for the above referenced map or maps, Grantee agrees to provide City
with such information in hard copy or paper format. Grantee shall, upon request, provide updated
maps in accordance with this Section on an annual basis.
Section 14.16: Duty to Provide Information:
Within ten (10) days ora written request from the City, each Grantee shall furnish the City
with information sufficient to demonstrate:
14.16.1:That Grantee has complied with all requirements of this Agreement.
14.16.2:That all municipal sales, telecommunications taxes, utility taxes or any other taxes or charges
due the City in connection with the telecommunications services or facilities provided by the
Grantee have been properly collected and/or paid by the Grantee.
Section 14.17: Leased Capacity:
Grantee shall have the right, without prior City approval, to offer or provide capacity or
bandwidth to persons; provided, Grantee shall provide City written notice when capacity or
bandwidth is leased to another telecommunications cartier or telecommunications provider. Grantee
shall only be required to provide such notice on the first occasion each telecommunications carrier
or telecommunications provider comes within the above notice requirement
Section 14.18: Insurance and Bond Requirements:
(a) Requirement of insurance. Grantee shall, at its expense, obtain and maintain during
the life of any License or Franchise the insurance and bonds required by this
Agreement. Any required insurance and bonds shall be effective prior to the
beginning of any work by Grantee within the City.
(b) Commercial General Liability. Grantee shall maintain during the life of its License or
Franchise Commercial General Liability insurance coverage on an occurrence basis
insuring against all claims, loss, cost, damage, expense or liability from loss of life or
damage or injury to persons or property arising out of any of the work or activity
under or by virtue of its License/Franchise or arising out of the License/Franchise.
The minimum limits of liability for this coverage shall be $10,000,000 combined single
limit for any one occurrence.
(c) Contractual Liability. Grantee shall maintain during the life of its License/Franchise
broad form Contractual Liability insurance including the indemnification obligation
set forth in this Agreement.
(d) Workers' Compensation. Grantee shall maintain during the life of its
License/Franchise Workers' Compensation insurance covering Grantee's statutory
obligation under the laws of the Commonwealth of Virginia and Employer's Liability
insurance for all its employees engaged in work under its License/Franchise.
Minimum limit~ of liability for Employer's Liability shah be $100,000 bodily injury
each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily
injury by disease (each employee). With respect to the Workers' Compensation
coverage, the Grantee's insurance company shah waive rights of subrogation against
the City, its officers, agents, employees and volunteers.
(e) Automobile Liability_. Grantee shall maintain during the life of its LicenseYFranchise
Automobile Liability insurance. The minimum limit of liability for such insurance shall
be $1,000,000 combined single limit applicable to owned or non-owned vehicles used
in the performance of any work under its License/Franchise.
(0 Umbrella Coveraim. The insurance coverages and amounts set forth in subsections
Co), (c), (d) and (e) of this Section may be met by an umbrella liability policy following
the form of the underlying primary coverage in a minimum amount of $I0,000,000.
Should an umbrella liability insurance coverage policy be used, such coverage shall
be accompanied by a certificate of endorsement stating that it applies to the specific
policy numbers indicated for the insurance providing the coverages required by
subsections Co), (c), (d) and (e), and it is further agreed that such statement shall be
made a part oftbe certificate of insurance furnished by Grantee to the City.
(g) Pollugion Liability Insurance. $10,000,000 each occurrence. Coverage shall be
provided for bodily injury and property damage resulting from pollutants which are
discharged suddenly and accidentally. Also the insurance will provide coverage for
cleanup costs.
(h)Evidence .Q_f Insurance. All insurance shall meet the following requirements:
(1) The Grantee shall furnish the City a certificate or certificates of insurance
showing the type, amount, effective dates and date of expiration of the policies.
Certificates of insurance shall include any insurance deductibles, the amount of such
deductible being subject to approval by the City.
(2) The required certificate or certificates of insurance shall include substantially
the following statement: "The insurance covered by this certificate shall not be
canceled or materially altered, except after thirty (30) days written notice has been
provided to the City of Roanoke.'
(3) The required certificate or certificates of insurance shall name the City of
Roanoke, its officers, agents, employees and volunteers as additional insureds.
(4) Insurance coverage shall be in a form and with an insurance company
approved by the City which approval shall not be unreasonably withheld. Any
insurance company providing coverage under this Agreement or any
License/Franchise granted under this Agreement shall be authorized to do business in
the Commonwealth of Virginia.
(i) Bond. Grantee shall post and maintain for the life of its License/Franchise a
performance bond in favor of the City in the amount of $50,000. The bond shall be
issued by a bonding company approved by the City and authorized to do business in
Virginia.
Section 14.19: Liability:
Grantee agrees and binds itself to indenmify, keep and hold the City, its officers, agents,
employees and volunteers free and harmless from any and all claims, causes of action, damages or any
liability on account of any injury or damage of any type to any persons or property growing out of
or directly or indirectly resulting from any act or omission of Grantee, including but not limited to:
(a) Grantee's use of the public ways or other areas oftbe City; CO) the acquisition, construction,
reconstruction, erection, installation, operation, maintenance, repair or extension of Grantee's
telecommunications facilities; (c) the exercise of any right or privilege granted by or under this
A~reement or any License/Franchise; or (d) the failure, refusal or neglect of Grantee to perform any
duty imposed upon or assumed by Grantee by or under this Agreement or any License/Franchise. In
the event that any suit or proceeding shall be brought against the City at law or in equity, either
independently or jointly with Grantee on account of anything set forth above, Grantee, upon notice
given to it by City, will defend the City in any such action or other proceeding, at the cost of the
Grantee; and in the event of any settlement or final judgment being awarded against the City, either
independently or jointly with Grantee, then Grantee will pay any such settlement or judgment or will
comply with such decree, pay all costs and expenses of whatsoever nature and hold the City, its
officers, agents, employees and volunteers harmless therefrom.
Section 14.20: Hazardous Materials:
14.20.1While on or near City's property or easement or in its performance pursuant to this
Agreement Grantee shall not transport, dispose of or release any hazardous substance,
rneterial, or waste, except as necessary in performance of its work under this Agreement and
in any event Grantee shall comply with all federal, state, and local laws, rules, regulations, and
ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the
storage, transport, release, or disposal of hazardous material, substances or waste.
Regardless of City's acquiescence, Grantee shall indemnify and hold City, its officers, agents,
employees and volunteers harmless from all costs, claims, damages, causes of action,
liabilities, fines or penalties, including reasonable attorney's fees, resulting from Grantee's
violation of this paragraph and agrees to reimburse City for all costs and expenses incurred
by City in eliminating or remedying such violations. Grantee also agrees to reimburse City
and hold City, its officers, agents, employees and volunteers harmless from any and all costs,
expenses, attorney's fees and ali penalties or civil judgments obtained against any of them as
a result of Grantee's use or release of any hazardous material, substance or waste onto the
ground or otherwise, or into the water or air from, near or upon City's premises.
14.20.2The Grantee shall protect, indemnify, and hold harmless the City from any and all demands
for fees, claims, suits, actions, causes of action, or judgments based on the alleged
infringement or violation of any patent, invention, article, arrangement, or other apparatus
that may be used in the performance of any work or activity arising out of the use of any
telecommunication facilities or the provision of telecommunications service.
Section 14.21: Performance and Labor and Material Surety:
Before a License or Franchise or this Agreement is effective, and as necessary thereafter, the
Grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form
and substance acceptable to the City as may be required by this License or Franchise Agreement.
Section 14.22: Bonds:
Within 10 consecutive calendar days at, er the effective date of the Agreement but before any
construction is commenced, Grantee shall furnish to the City a performance bond and a labor and
material payment bond each made payable to the City in the amount of one hundred (100%) of the
estimated cost of constructing Grantee's telecommunications facilities for the construction covered
by each permit, which in no event shall be less than $50,000, within the public ways or other areas
of the City. The Performance Bond is to guarantee that the project will be free of defective
workmanship and materials discovered aider completion and that the work is done in a proper manner
without damage to the public ways or other areas of the City. The bonds shall be written by a
corporate surety acceptable to the City and authorized to do business in the Commonwealth of
V'trginia. These performance and payment bonds shall remain in force until 60 days aider completion
of consttuction of Grantee's telecommunications facilities covered by each permit, as determined by
the City and upon a certification of completion by Grantee. After the 60 day period has expired these
performance and payment bonds may be extinguished by Grantee. However, the City reserves its
fight to require reimposition or to require Grantee to provide new performance and payment bonds
in the event any material defaults are discovered in the existing system which, in the opinion of the
City, present a need for reimposition of the bonds.
14.22.1 :The bonds shall guarantee, to the satisfaction of the City:
(a) timely completion of construction;
construction in compliance with applicable plans, permits, technical codes and
standards;
(c) proper location of the facilities as specified by the City;
(d) restoration of the public ways and other property affected by the construction;
(e) the submission of"as-built" drawings after completion of the work as required by this
Agreement.
(f) timely payment and satisfaction of all claims, demands or liens for labor, material or
services provided in connection with the work.
(g) removal of the telecommunications facilities, if required by the terms of this
Agreement
Section 14.23: Coordination of Construction Activities:
All Grantees are required to cooperate with the City and with each other and all construction
locations, activities and schedules shall be coordinated, as ordered by the City Engineer, to minimize
public inconvenience, disruption or damages.
Section 14.24: Transactions AffectingControi of Grant:
Any transactions which singularly or collectively result in a change of fifty percent (50%) or
more of the ownership or working control of the Grantee, of the ownership or working control of
a telecommunications License or Franchise, of the ownership or working control of affiliated entities
having ownership or working control of the Grantee or of a telecommunications system, or of control
of the capacity or bandwidth of Grantee's telecommunication system, facilities or substantial parts
thereof, shall be considered an assignment or transfer requiring City approval pursuant to this
Agreement, which shall not be unreasonably withheld. Transactions between affiliated entities are
not exempt from City approval.
Section 14.2S: Leasing of Facilities:
Grantee shall not lease or license any of its telecommunications facilities, including any
conduit or duct space in its telecommunications system, to any telecommunications carrier or
telecommunications provider for the placement of any additional telecommunications facilities
without ~ providing City advanced written notice. Grantee shall only be required to provide such
notice on the fir~ occasion each telecommunications carrier or telecommunications provider comes
within the above notice requirement.
Section 14.26: Nonenforeement by City:
Grantee shall not be excused from complying with any of the terms and conditions of this
Agreement or any License or Franchise by any failure of the City, upon any one or more occasions,
to insist upon Grantee's performance or to seek Grantee's compliance with any one or more of such
terms or conditions of this Agreement or the terms and conditions of any License or Franchise.
Section 15: Construction Standards
Section 15.1. General:
Grantee shall not commence or continue with the construction, installation or operation of
telecommunications facilities within the City except as provided in this Agreement.
Section 15.2: Construction Codes:
Telecommunications facilities shall be constructed, installed, operated and maintained in
accordance with aH applicable federal, state and local laws, codes, rules and regulations including the
National Electrical Safety Code.
Section 15.3: Permits:
No person shaH construct or install any telecommunications facilities within the City without
first obtnining all appropriate permits therefor, provided, however:
15.3.1:A11 construction shall be coordinated with the office of the City Engineer and the City's annual
paving program.
Section 15.4: Applications:
Applications for permits to construct telecommunications facilities shall be submitted upon
forms to be provided by the City and shall be accompanied by drawings, plans and specifications in
sufficient detail to demonstrate:
15.4.1:That the facilities will be constructed in accordance with all applicable laws, codes, rules and
regulations.
15.4.2:The location and route of aH fac'dities to be installed on existing or replacement ut'dity poles.
15.4.3:Tbe location and route of aH facilities to be located under the surface of the ground, including
the line and grade proposed for the burial at all points along the route which are within the
public ways or other areas of the City.
15.4.4:The location of all exisfmg underground utilities, conduits, ducts, pipes, mains, manholes,
handholes, junction points and installations which are within the public ways along the
underground route proposed by the applicant.
15.4.5:Tbe location of all other fac'difies to be constructed within the City, but not within the public
ways.
15.4.6:The spec'dic construction methods to be employed for protection of existing structures,
fixtures, and facilities within or adjacent to the public ways.
15.4.7:The location, dhnension and types of all trees within or adjacent to the public ways along the
route proposed by the applicant, together with a landscape plan for protecfmg, trimming,
removing, replacing and restoring any trees or areas to be disturbed during construction.
Section 15.5: Engineer's Certification:
All permit applications shall be accompanied by the certification of a registered professional
engineer that the drawings, plans and specifications submitted with the application comply with
applicable technical codes, rules and~regulations.
Section 15.6: Traffie Control Plan:
AH permit applications which involve work on, in, under, across or along any public ways or
other areas of the City shall be accompanied by a traffic control plan demonstrating the protective
measures and devices that will be employed, consistent with applicable local, state and federal laws
and regulations, to prevent injury or damage to persons or property and to minimize disruptions to
efficient pedestrian and vehicular traffic.
Section 15.7: Issuance of Permit:
W'~hin twenty (20) working days afier submission of all plans and documents required of the
applicant and payment of the fees required by this Agreement, and compliance with the provisions
oftbe Vir~nia Code, the City, if satisfied that the applications, plans and documents comply with all
requirements of this Agreement, will issue a permit authorizing construction of the facilities, subject
to such further conditions, restrictions or regulations affecting the time, place and manner of
performing the work as may be deemed necessary or appropriate.
Section 15.8: Construction Schedule:
The Grantee shall submit a written construction schedule to the City Engineer ten (10)
working days before commencing any work in or about the public ways. The Grantee shall further
notify the City Engineer not less than five (5) working days in advance ofeny excavation or work in
the public ways and shall comply with the provisions of the Virginia Underground Utility Damage
Prevention Act, Virginia Code § 56-265.14 et. seq.
Section 15.9: Compliance with Permit:
All construction practices and activities shall be in accordance with the permit and approved
final plans and specifications for the facilities. The City and its representatives shall be provided
access to the work and such further information as it may require to ensure compliance with such
requirements.
Section 15.10: Display of Permit:
The Grantee shall maintain a copy of the construction permit and approved plans at the
construction site, which shall be displayed and made available for inspection by the City at all times
when construction work is occurring.
Section 15.11: Survey of Underground Facilities:
The Grantee shall supply and specify the location of all facilities by depth, line, grade,
proximity to other facilities or other standard, the Grantee shall cause the location of soch facilities
to be verified, to the extent required, by a registered state surveyor. The Grantee shall relocate, at
its expense, any facilities which are not located in compliance with permit requirements.
Section 15.12: Noncomplying Work:
Upon direct'ton oftbe City, all work which does not comply with the permit, the approved
plans and specifications for tho work, or the requirements of this License or Franchise, shall be
removed at the sole expense of Grantee.
Section 15.13: Completion of Construction:
The Grantee shall promptly complete all construction activities so as to minimize disruption
of the City public ways and other public and private property. All construction work authorized by
a permit within City, including restoration, must be completed within 120 days of the date of issuance
of the permit.
Section 15.14: As-Built Drawings:
Within sixty (60) days after completion ofconstruetion, the Grantee shall furnish the City with
two (2) complete sets of as built plans, drawn to scale and certified to the City as accurately depicting
the actual location of all telecommunications facilities constructed pursuant to the Agreement or
permit and shall include a digitized map(s) in both printed and electronic form readable by the current
version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's
Survey Control monuments and geographic information system.
Section 15.1S: Restoration of Public Ways, Other Ways and City Property:
Immediately at,er installation, repair or extension of the telecommunications facilities or any
portion thereof or any pavement cut by telecommunications carriers in any public way or other areas
of the City, the incidental trenches for excavation shall be refilled by telecommunications carriers in
a manner reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters, and any
other portions of sidewalks or public ways damaged, disturbed or destroyed by such work shall be
promptly restored and replaced with like materials to their former condition by telecommunications
carriers at their own expense; however, where it is necessary, and if authorized by the City, in order
to achieve the former conditions, telecommunications carriers shall use materials whose type,
specification and quantities exceed or are different from those used in the installation, and
telecommunications carriers at their own expense shall provide such materials. Where a cut or
disturbance is made to a section of sidewalk or paving, rather than replacing only the area actually
cut, telecommunications carriers shall replace the full width of the existing sidewalk or pavement and
the full length of the section or sections cut as determined by the City Engineer. Telecommunications
carriers shall maintain, repair and keep in good condition for a period of one (1) year following such
disturbance all portions of public ways or other areas disturbed by telecommunications carders.
15.15.1:If weather or other conditions do not permit the complete restoration required by this
Section, the Grantee shall temporarily restore the affected ways or property. Such temporary
restoration shall be at the Grantee's sole expense and the Grantee shall promptly undertake
and complete the required permanent restoration when the weather or other conditions no
longer prevent such permanent restoration.
15.15.2:A Grantee or other person acting in its behalf shall use suitable barricades, flags, flagrnen,
lights, flares and other measures as required for the safety of all members of the general public
and to prevent injury or damage to any person, vehicle or property by reason of such work
in or affecting such ways or property and shall comply with all federal, state, and local laws
and regulations, including the Virginia Department of Transportation flagging requirements.
Section 15.16: Landscape Restoration:
15.16.1:All trees, landscaping and grounds removed, damaged or disturbed as a result of the
construction, installation maintenance, repair or replacement of telecommunications facilities,
whether such work is done pursuant to a Franchise, License, or permit must be replaced or
restored as nearly as may be practicable, to the condition existing prior to performance of
work.
15.16.2:All restoration work within the public ways or other areas shall be done in accordance with
landscape plans approved by the City Engineer.
Section 15.17: Performance and labor and material payment surety:
Prior to issuance of a any permits, the Grantee shall provide a performance bond and a labor
and material payment bond, as required in this Agreement.
Section 15.18: Responsibility of Owner:.
The owner of the facilities to be constructed and, if different, the License or Franchise
Grantee, are responsible for performance of and compliance with all provisions of this Agreement.
Section 15.19: Controlling
This Agreement shall be construed and enforced in accordance with the substantive law of
the Commonwealth of Virginia and any applicable federal laws.
Section 15.20: Captions:
The paragraph Captions and Headings in this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Section 15.21: Nondiscrimination.
Grantee shall not discriminate on the basis of race, religion, color, sex or national origin in its
employment practices, contracting or provision of services.
Section 16: Commencement of Work:
Licensee will not commence any work within the City until detailed plans have been provided
to and approved by the City Engineer.
Section 17: Forum Selection:
By virtue of entering into this Agreement, Licensee agrees and submits itself to a court of
competent jurisdiction in the City of Roanoke, Virginia and further agrees that this Agreement is
controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all
claims, disputes, and other matters shall be decided only by such court according to the laws of the
Commonwealth of Virginia or any applicable federal laws.
Section 18: Effective Date:
The effective date of this License shall be · 199__.
Section 19: Removal of Licensee's Facilities:
If the City adopts a Telecommunications Regulatory Ordinance and/or Telecommunications
License/Franchise Agreement and if Licensee is awarded a license or fl'anchise or otherwise granted
authority pursuant thereto, then on the effective date of any such award, the terms and conditions of
that Telecommunications Regulatory Ordinance and/or License/Franchise Agreement shall supersede
all the terms and conditions of this Agreement and this Agreement shall be automatically and
immediately tg~ated. However, if Licensee is not awarded a license/franchise or otherwise granted
rights by any future Telecommunications Ordinance or Agreement adopted by the City, or if the term
of this Agreement expires or the rights granted to Licensee by this Agreement are revoked by the
City, Licensee shall immediately cease operations within the City and shall not be permitted to
operate, maintain or repair its e~isting encroachments or facilities and shall promptly remove any and
all of Licensee's facilities and equipment within the City, all at the sole cost of Licensee.
by the undersigned authorized agent, does hereby agree to abide by the
terms, conditions and obligations of the Agreement.
WITNESS the following signatures:
Attest:
City of Roanoke, Virginia
Mary F. Parker, City Clerk
By.
W. Robert Herbert, City Manager
Attest:
Secreta~
(Name of Licensee)
(SEAL)
Authorized Agent and
CORPORATE SEAL
Approved as to Form:
City Attorney
Approved as to Execution:
City Attorney
MaW F. Parker, CMCIAAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
Sandm H, Eakin
Deputy City Clerk
December 23, 1996
File fl60-132
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
At a regular meeting of the Council of the City of Roanoke held on Monday, December 16,
1996, Council Member White requested that the matter of salary increases for the Mayor
and Members of City Council be referred to 1997-98 Budget Study for consideration.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
James D. Grisso, Director of Finance
Diane S. Akers, Budget Administrator, Office of Management and Budget
Rose M. Woodford, Executive Secretary, Office of the City Manager
Mary F. Parker, CMC/AAE
c~y C~rk
CITY OF ROANOKE
Office of the City Clerk
8andm H. Eakin
Oeputy c~y C~rk
December 23, 1996
File #79-137-169
The Honorable Marsha Compton Fielder
Commissioner of the Revenue
Roanoke, Virginia
The Honorable David C. Anderson
City Treasurer
Roanoke, Virginia
Dear Ms. Fielder and Mr. Anderson:
I am enclosing copy of Resolution No. 33217-121696 supporting tax exemption of property
located at 303 Norfolk Avenue, $. W., in the City of Roanoke, to be conveyed to the
Virginia Museum of Transportation, Inc., and used by it exclusively for cultural, educational
and historical purposes on a non-profit basis. The aboverefersnced measure was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday, December 16,
1996.
Pursuant to Paregraph 4, I am directed to forward an attested copy of the abovereferenced
measure to you for the purpose of assessment and collection, respectively, of the service
charge established by Resolution No. 33217-121696.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc,
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
December 23, 1996
File #79-137-169
SANDRA H. EAKIN
Deputy City Clerk
Man/ellen F. Goodlatte, Attomey
Glenn, Feldmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
I am enclosing copy of Resolution No. 33217-121696 supporting tax exemption of property located
at 303 Norfolk Avenue, S. W., in the City of Roanoke, to be conveyed to the Virginia Museum of
Transportation, Inc., and used by it exclusively for cultural, educational and historical purposes on
a non-profit basis. The abovereferanced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 16, 1996.
Pursuant to Paragraph 4, I am directed to forward an attested copy of the abovereferenced measure
to the Commissioner of the Revenue and the City Treasurer for the purpose of assessment and
collection, respectively, of the service charge established by Resolution No. 33217-121696. The
Resolution will be in full force and effect at such time as a copy, duly signed by an authorized officer
of the Virginia Museum of Transportation, Inc., has been filed with the City Clerk.
It will be necessary for you to contact either Delegate Clifton A. Woodrum, III, or Delegate A. Victor
Thomas to request that a bill be introduced at the 1997 Session of the General Assembly.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
pc:
Katherine F. Houck, Executive Director, Virginia Museum of Transportation, Inc., 303
Norfolk Avenue, S. W., Roanoke, Virginia 24016
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Grisso, 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 December, 1996.
No. 33217-121696.
A RESOLUTION supporting tax exemption of property in the City
of Roanoke to be conveyed to the Virginia Museum of Transportation,
Inc. and used by it exclusively for cultural, educational and
historical purposes on a non-profit basis.
WHEREAS, Virginia Museum of Transportation, Inc. (hereinafter
"the Applicant") has petitioned this Council for support of a bill
to be introduced at the 1997 Session of the General Assembly to
exempt certain property of the Applicant from taxation pursuant to
Article X, S6(a)(6) of the Constitution of Virginia;
WHEREAS, Council has determined that Applicant could not file
its petition, in accordance with the time period set forth in the
City policy regarding requests for support of a bill to exempt
property from taxation adopted by Resolution No. 30884-021892 on
February 18, 1992 (the "Policy"), because Applicant only recently
learned that it has the opportunity to acquire the real property
where its museum is located;
WHEREAS, in light of the reason for Applicant's inability to
comply with the time requirements set forth in the Policy, that
requirement is waived in this particular case;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on December 16, 1996;
WHEREAS, the provisions of subsection B of S30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
the Council;
WHEREAS, the Applicant agrees that the property to be exempt
from taxation is or will be the personal property of the Applicant
and the building or buildings and as much land as is reasonably
necessary to the use of the building or buildings, providing such
personal and real property shall be used by the Applicant
exclusively for cultural, educational and historical purposes on a
non-profit basis; and
WHEREAS, in consideration of Council's adoption of this
Resolution and Council's support of a bill hereinafter described in
Paragraph 1 to be introduced on behalf of the Applicant at the 1997
Session of the General Assembly, the Applicant has voluntarily
agreed to pay each year a service charge in an amount equal to
twenty percent (20%) of the City of Roanoke tax levy, which would
be applicable to real property to be acquired by the Applicant were
the Applicant not exempt from such taxation, for so long as the
applicant's real property is exempted from State and local
taxation.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. Council supports a bill to be introduced at the 1997
Session of the General Assembly whereby Virginia Transportation
Museum, Inc., a non-profit organization, seeks to be classified and
designated an organization wlthin the context of S6(a)(6) of
Article X of the Constitution of Virginia, and whereby property
owned by the Applicant, which is used by it exclusively for
charitable or benevolent purposes on a non-profit basis, shall be
exempt from State and local taxation.
2. In consideration of Council's adoption of this Resolution
and Council's support of the bill described in Paragraph 1 of this
Resolution to be introduced at the 1997 Session of the General
Assembly, the Applicant agrees to pay to the City of Roanoke on or
before October 5 of each year a service charge in an amount equal
to twenty percent (20%) of the City of Roanoke tax levy, which
would be applicable to real property of the Applicant, in the City
of Roanoke, were the Applicant not exempt from State and local
taxation, for so long as the Applicant is exempted from State and
local taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of S30-19.04, Code of
Virginia (1950), as amended, and pursuant to Subsection C of the
same section, Council recognizes that the Applicant will own real
property currently assessed at $134,080.00, representing a real
property tax liability of $1,649.18 for the 1996-97 tax year, and
Council recommends to the General Assembly that the specific
classification shall be cultural, educational, or historical.
4. The City Clerk is directed to forward an attested copy of
this Resolution to the Commissioner of the Revenue and the City
Treasurer for purpose of assessment and collection, respectively,
of the service charge established by this Resolution, and to
Maryellen F. Goodlatte, attorney for the Applicant.
5. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized
Applicant, has been filed with the City Clerk.
ATTEST:
officer of the
City Clerk.
ACCEPTED, AGREED TO
Transportation, Inc., this __
and EXECUTED by Virginia
day of
VIRGINIA MUSEUM OF
TRANSPORTATION, INC.
By.
Title
Museum of
, 19
(SEAL)
December 16, 1996
Report//96-43
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of City Council:
Subject:
Request for Support for Tax Exempt Status from the Virginia Museum
of Transportation, Inc.
The Virginia Museum of Transportation, Inc., has been offered a gift of certain
real property containing 3.14 acres located at 303 Norfolk Avenue, S. W., the
current location of the Museum.
The Virginia Museum of Transportation, Inc., petitioned City Council on
November 18, 1996, requesting adoption of a Resolution in support of the
organization obtaining tax exempt status from the General Assembly on
property located in the City of Roanoke.
Norfolk Southern Corporation is the current owner of the property; therefore,
the property is assessed by the Virginia Department of Taxation, pursuant to
§58.1-3201 of the Code of Virginia (1950), as amended. Pursuant to this
statute all property is assessed on a depreciated cost basis and the current
assessment is:
Land $ 69,080.00 ($22,000 per acre)
Building $ 65.000.00
Current Assessment $134,080.00
Tax Rate x 1.23
Current Tax $ 1,649.18
The Director of Real Estate Valuation will be responsible for future assessments
which will be calculated at 100% of fair market value if this property is
declared tax exempt by the General Assembly. The new assessment will be:
Land $1,367,800.00
Building $ 241.700.00
New Assessment $1,609,500.00
A twenty percent (20%) service charge will then be levied by the City in lieu of
real estate taxes:
Assessment
Tax Rate
Service Chg.
NEW TAX
$1,609,500.00
x 1.33 (includes. 10 Downtown
$ 21,406.35 Service District Tax)
x .20
$ 4,281.27
Members of City Council
Page 2
December 16, 1996
Il.
III.
Current Situation:
City Coancil adopted Resolution No. 30884-021892 on February 18, 1992, to
establish guidelines for organizations seeking support for exemption from
taxation. (See Attachment A).
Number l(e) of the resolution states that all organizations must file a petition for
tax-exempt status with City Council at least sixty (60) days in advance of the
first day of the next session of the General Assembly, which, in this case,
would be November 9, 1996. However, the Virginia Museum of
Transportation recently learned of the gift offer by the Norfolk Southern
Corporation, therefore, their petition was received nine (9) days after the target
date.
Issues:
Notification of a Public Hear[ll~ to be held on December 16, 1996, was
advertised in the Roanoke Times on Sunday, December 8, 1996.
Service to Citizens.
Cost to City.
Determination by Commissioner of the Revenue.
IV. Alternatives:
City Council grant the request of the Virginia Museum of Transportation. Inc.
for Council support of the request of the Virginia Museum of Transportation,
Inc., to the 1997 General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia.
~ is met as the Virginia Museum of Transportation,
Inc., provides services for the colnmon good of the public through
educational and cultural opportunities to learn about the rich
transportation history of Virginia.
Cost to the City is subjective due to the unique nature of this request.
However, anticipated improvements to the Museum and the before
mentioned change in tax assessment procedure should enhance the tax
revenue of the City by promoting and encouraging tourism and economic
development opportunities in the City.
3. Commissioner of the Revenue, Ms. Marsha Compton Fielder, has
Members of City Council
Page 3
December 16, 1996
determined that the organization is not tax exempt by classification or
designation under the Code of Virginia.
City Council deny request of the Virginia Museum of Transportation, Inc., for
Council support of the request of the Virginia Museum of Transportation, Inc.,
to the 1997 General Assembly to be designated exempt from taxation pursuant
to Article X, Section 6(a)6 of the Constitution of Virginia.
1. ~ would probably not be affected.
2. Cost to the City will not be an issue.
3. Determination by Commissioner of Revenue will remain unchanged.
Recommendation:
City Council concur in Alternative "A" to grant the request of the Virginia
Museum of Transportation, Inc., for Council support of their request to the
1997 General Assembly to be designated exempt from taxation pursuant to
Article X, Section 6(a)6 of the Constitution of Virginia.
WRH:EDC/kdc
Respectfully submitted,
W. Robert Herbert
City Manager
Attachments
CC:
Marsha Compton Fielder, Commissioner of the Revenue
David C. Anderson, City Treasurer
Barry L. Key, Manager, Office of Management and Budget
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
· ~XTM ATTACHHENT A
IN THE ¢OUN~I~ FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th Day O~ February, 1992.
No. 30884-021892.
RESOL~ION el~abllshlng ~he policy o~ ~he Cl~y wi~h respec~
sup~r~ng r~es~s o~ certain non-profl~ organizations to
certain p~o~r~y f~om ~ax~Lon pu~suan~ ~o A~Lc~e X,
of ~he Conn~Lkut~on o~ V~ginLa.
adopt a resolution in suppor~ o£ & non-pro£1t 6rganiz&tions reques~
of tho General Assembly to be designated exempt from
pursuen~ to Ac~lcle X, Section 6(&)(6) of tho Constitution
virginia;
~IEREAS, this Council has not hereto£ore adopted any policy
with reapec~ to those orgeniz&tions requests and the te~m8 and
conditions under which Council will SUppOL~C an organizations
WHEREAS, & written policy viii &foist Council in considerlflq
whe~ho= an organization should be given Council*s support of Its
request for tax exempt status, and a writtenpolicyalso will help
to insure that all sJ~Llarly situated organizations are treated
un~foLlly~_.
TllERII~RI, B~ IT RESOLVED by the Council of the City of
Roanoke ag follou~
l, That effective#arch l, 1993, a~& condition to receiving
a resolution fL-o~ Council supporting its reques~ of the General
x, Section 6(a)(6) of the Constitution of Virginia,
organizations must:
all
(a)
request a writt®n determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Coda of Virginia;
(b)
notify the City Clark, in writing, of the
organization's intent to saak new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation;
(c]
agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the reel property of the
organization, in the City of Roanoke, ware tho
organization not exempt f~om such taxation, for so
long as tho organization's real propaz~y is
exempted from State and local taxation;
submit to the City Manager detailed answers to the
questions sat forth in subsection B of S30-19.04 of
the Code of virginia (1950), aa emended, such
answers must bm submitt~no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly; and
(e)
file a petition for tax-exempt status with City
Council at least sixty (60) days in advance of the
first day o£ the next session of the General
Assembly.
2. If tho Council adopts a resolution supporting an
organization's request of the General Assembly; and the request is
(a) t~ovalue of ell exempted taxes shall bm deducted
from any £unding provided by the City to tha
org&n~satlon! and
(b)
the COmLtseloner of Revenue and the Office of Real
of the propez~y through the use of=
(1) biennial application for tax-exemption;
and
(2) ~egula~ use compliance checks by th®
Office of Real Estate Valuation.
ATTEST:
City Clerk.
ATTACHMENT B
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION
FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO
ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF
VIRGINIA
TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY
OF ROANOKE:
1. Your Petitioner, Virginia Museum of Transportation, Inc., 303 Norfolk
Avenue, Roanoke, Virginia 24016, a Virginia, non-stock, nor for profit corporation has
been offerod a girl of certain r~al property located at 303 Norfolk Avenue, Roanoke,
Virginia, which property is currently owned by Norfolk Southern Corporation and is
not currently assessed by the City of Roanoke, Virginia.
2. Your Petitioner desires to be an organization designated by a section
within Article 4, Section 58.1-3650 et seq. of the 1950 Code of Virginia, as amended,
in order that the rcfcr~ncexl r~al estate, to be used exclusively for cultural, educational
and historical purposes r~lated to the transpotxation history of the Commonwealth of
Virginia, be exempt from taxation under the provisions of Article X, S¢~ion 6(a)(6)
of the Constitution of Virginia so long as your Petitioner is operated not for profit and
the prope~ so exempted is used in accordance with the purpose for which your
Petition is classified.
3. Your Petitioner agrees to pay to the City of Roanoke an annual service
charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy,
which would be applicable to this real estate, were our organization not tax exempt,
for so long as this tax exemption continues.
4. Your Petitioner respectfully requests that the Council of the City of
Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04
(B) of the 1950 Code of Virginia, as amended, after holding a public hearing with
respect thereto where citizens shall have an opportunity to be heard in order that
legislation involving the designation of property to be exempted from taxation pursuant
to Article X, Section 6(a)(6) of the Constitution of Virginia may be presented to the
General Assembly of Virginia.
In compliance with Section 30-19.04 (B) the following questions are submitted
for consideration:
1.
Whether the organization is exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1954.
(A)
Your Petitioner is exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1954.
Whether a current annual alcoholic beverage license for serving
alcoholic beverages has been issued by the Alcohol Beverage
Control Board to such organiTmJon for such use on such property.
No annual alcoholic beverage license has been or
will be requested or issued for use on the
referenced property.
Whether any director of officer of the organization has been paid
compensation in excess of reasonable allowances for .~lzries or
other compensation for personal services which such director or
officer actually renders.
(A)
No officers or directors of your Petitioner are paid
compensation in excess of reasonable allowances for
salaries or other compensation for personal services
actually rendered. Your Petitioner has five salaried
employees none of whom are officers and only one of
whom is a director.
Whether any part of the net earnings of such organization inures
to the benefit of any individual and whether any significant
portion of the services provided by such organization is generated
by funds received by donations, contributions or local, state or
federal grants. As used in this subsection donations shall include
the providing of personal services or the contribution of in kind
or other material services.
(A)
No pan of the net earnings of your Petitioner inures to the
benefit of any individual. A significant portion of the
services provided by your Petitioner is generated by local,
state or federal grants, including grants by the City of
Roanoke, Roanoke County, City of Salem and the
Commonwealth of Virginia.
Whether the organization provides services for the common good
of the public.
(A)
Your Petitioner provides services for the common good of
the public in as much as it provides educational and
cultural opportunities to learn about the rich transportation
history of Virginia. In addition to on-site learning,
specific programs are designed for school-aged children
and offered to all surrounding schools.
Whether a substantial part of the activities of the organization
involves carrying on propaganda, or otherwise attempting, to
influence legislation and whether the orgapiz~tion participates in,
or intervenes in, any political campaign on behalf of any
candidate for public office.
(A)
Your Petitioner is not involved in propaganda, influencing
legislation or any political campaign on behalf of any
candidate for public office.
No role, regulation, policy or practice of the organization
discriminates on the basis of religious conviction, race, color, sex
or national origin.
(A)
No rule, regulation, policy or practice of your Petitioner
discriminates on the basis of religious conviction, race,
color, sex or national origin.
The revenue impact to the locality and its taxpayers of exempting
the property.
(A)
No significant impact is anticipated as a result of the
exemption. In fact, we anticipate that the improvements
to the structure, which are the subject of our current
capital campaign, will enhance the tax revenue of the City
of Roanoke by promoting and encouraging tourism and
economic development opportunities along Norfolk
Avenue.
Any other criteria, facts and circumstances which the governing
body deems pertinent to the adoption of such resolution.
(A)
As noted in 8 above, your Petitioner is currently
undertaking an ambitious plan to upgrade and renovate its
facility, which we have leased for years from Norfolk
Southern. We believe that the Virginia Museum of
Transportation will play a prominent role in the City's
continuing effort to improve its Norfolk Avenue
neighborhood. We believe that our efforts will not only
improve the quality of life for Roanoke City residents, but
will add to the tax revenues of the City by serving as a
destination for visitors to the Valley.
Note: A copy of this Petition is being delivered this date to the City Manager of the
City of Roanoke, Virginia.
4
WHEREFORE, your Petitioner, Virginia Museum of Transportation, Inc., respectfully
requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant
to Section 30-19.04 of the Code of Virginia stating the provisions of subsection B of
that Code section have been examined and considered in conjunction with this petition
seeking the designation of property to be exempted from taxation pursuant to Article
X, Section 6(a)(6) of the Constitution of Virginia at a public hearing at which citizens
have had an opportunity to be heard and (2) that a recommendation be made to the
General Assembly that this real property of your Petitioner be designated by a Section
within Article IV, Section 58.1-3650 et ~. exempting this real property of your
Petitioner from taxation so long as your Petitioner is operated not for profit and the
property so exempt is used for the particular purposes of providing cultural, educational
and historical opportunities to the public relating to the transportation history of the
Commonwealth of Virginia.
Respectfully Submitted this 18th day of November,
1996.
VIRGINIA MUSEUM OF TRANSPORTATION,
INC.~ ~
By: z~,~,~ ~t',-x F
December 16, 1996
Honorable Mayor David A. Bowers
and Members of City Council
Dear Mayor and Members of Council:
Subject: Request for Support for Tax Exempt Status from the Virginia Museum of
Transportation, Inc.
Please reserve space on City Council's agenda for the above referenced subject.
Respectfully submitted:
W. Robert Herbert
City Manager
WRH/kdc
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
December 3, 1996
Maryellen F. Goodlatte, Attorney
Glenn, Feidmann, Darby & Goodlatte
P. O. Box 2887
Roanoke, Virginia 24001
Dear Ms. Goodlatte:
Pursuant to action taken by the Council of the City of Roanoke at a regular meeting on Monday,
November 18, 1996, I have advertised a public headng for Monday, December 16, 1996, at
7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Virginia Museum
of Transportation, Inc., for adoption of a measure in support of tax-exempt status on real property
located at 303 Norfolk Avenue, S. W.
I am enclosing copy of the notice of the public hearing. Please review the document and if you have
questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
Enc.
pc:
Katherine F. Houck, Executive Director, Virginia Museum of Transportation, inc., 303
Norfolk Avenue, S. W., Roanoke, Virginia 24016, wlenc.
Ad Number: 120877114
Publisher's Fee: $77.70
MARY F. PARKER, CITY CLE
ROOM 456, MUNICIPAL BUIL
215 CHURCH AVENUE, S.W.
ROANOKE, VA 24011-1536
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:
12/08/96 FULL RUN - Sunday
Witness, this 9th day of December 1996
Authorized Signature
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of
Roanoke will hold a public hearing at its regular meeting to be
held on December 16, 1996, commencing at 7:00 p.m., in the Council
Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia on the question of adoption of a resolution
pursuant to §30-19.04, Code of Virginia (1950), as amended, on the
request of Virginia Museum of Transportation, Inc. for designation
of property to be exempted from taxation.
The real property for which exemption is requested will be
donated to the Virginia Museum of Transportation, Inc. and is
currently assessed by the Virginia Department of Taxation pursuant
to §58.1-3201 of the Code of Virginia (1950), as amended. The
Department's current assessed value of this property is
$134,080.00, and the current real estate tax assessment for this
property is $1,649.18.
Citizens shall have the opportunity to be heard and express
their opinions on said matter.
3rd day of December, 1996.
GIVEN under my hand this
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times
1996.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
on Sunday, December 8,
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
December 23, 1996
File #50-137-467-497
SANDRA H. EAKIN
Deputy City Clerk
The Honorable John S. Edwards
Member, Senate of Virginia
P. O. Box 1179
Roanoke, Virginia 24006-1179
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24017
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
P. O. Box 1371
Roanoke, Virginia 24007
Gentlemen:
I am enclosing two copies of Resolution No. 33219-121696 requesting the 1997 Session of the
General Assembly of Virginia to enact a certain amendment to Section 40, ~
imorovements: ourchases, of the Roanoke Charter of 1952, as amended, it is respectfully requested
that the amendment be placed in the form of a bill to be introduced at the 1997 Session of the
General Assembly. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, December 16, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc~
W. Robert Herbert, City Manager
Wilbum C. Dibling, Jr., City Attorney
James D. Gdsso, Director of Finance
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of December, 1996.
No. 33219-121696.
A RESOLUTION requesting the 1997 Session of the General
Assembly of Virginia to enact a certain amendment to the Roanoke
Charter of 1952, as amended.
WHEREAS, at a regular meeting of the City Council held on
December 16, 1996, at 7:00 p.m., in the Council Chamber, 215 Church
Avenue, S. W., Roanoke, Virginia, after due and proper publication
of the notice of public hearing pursuant to §15.1-835, Code of
Virginia (1950), as amended, which notice contained inter alia, an
informative summary of the proposed amendment to the Roanoke
Charter of 1952 hereinafter referred to, a public hearing with
respect to such proposed amendment was held before the city Council
at which all citizens so desiring were afforded opportunity to be
heard to determine if the citizens of the city desire that the City
request the General Assembly to amend its existing Charter in the
form and manner hereinafter referred to and as provided in the
aforesaid notice; and
WHEREAS, upon conclusion of such public hearing and upon
consideration of the proposed amendment to such Charter, the
Council is of opinion that the 1997 Session of the General Assembly
should be requested to amend this City's Charter as hereinafter set
forth.
THEREFORE, BE IT RESOLVED by the Council of the city of
Roanoke as follows:
1. The General Assembly of Virginia is hereby requested at
its 1997 Session to amend S40, Contracts for public improvements:
~/r~/%~, of the Charter of 1952, as presently amended, by
deleting the words stricken and adding the words hereinafter shown
as underscored:
S40. Contracts for Dubllc improvements: purchases.
Any purchase, public work, or improvement, costing more
than f-kf-t~~ thousand dollars, except as providing
in the next succeeding section, shall be executed by
contract. All contracts for more than ~ thirty
thousand dollars shall be awarded after public
advertisement and competition, as may be prescribed by
general law. The city council shall have the power to
reject any and all bids and all advertisements shall
contain a reservation of this right.
2. The City Clerk is directed to forthwith, as provided by
§15.1-834, Code of Virginia (1950), as amended, transmit to each of
the members of the General Assembly of Virginia representing the
City of Roanoke at the 1997 Session of the said General Assembly
two copies of this resolution setting forth the requested amendment
to the Roanoke Charter of 1952, as presently amended, to be put
into the form of a bill to be introduced at the 1997 Session of the
General Assembly.
ATTEST:
city Clerk.
Ad Number: 112270960
Publisher's Fee: $76.80
MARY F. PARKER, CITY CLE
ROOM 456, MUNICIPAL BUIL
215 CHURCH AVENUE, S.W.
ROANOKE, VA 24011-1536
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:
11/22/96 FULL RUN - Friday
Witness, this 25thday of November 1996
Authorized Signature
NOTICE OF PUBLIC HE~RING
~OTICE OF PUBLIC HEARING
TO CITIZENS OF THE CITY OF ROANOKE:
NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant
to §15.1-835, Code of Virginia (1950), as amended, hold a public hearing on Monday,
December 16, 1996, at 7:00 p.m., in the Council Chamber, Municipal Building, 215 Church
Avenue, in the City of Roanoke, Virginia, at which time citizens of the City of Roanoke shall
have an opportunity to be heard to determine if such citizens desire Council to request the
General Assembly of Virginia to make a certain amendment to the Roanoke Charter of 1952,
as amended, which amendment is informatively summarized as follows:
Amend §40 of the City Charter to provide that all contracts for
more than thirty thousand dollars (currently fifteen thousand
dollars) shall be awarded after public advertisement and
competition as may be prescribed by general law.
The full text of the proposed amendment to §40, Conmmts for public improvements:
~,ofthe Charter is on file in the office of the City Clerk, Municipal Building, Room
456, 215 Church Avenue, S. W., Roanoke, Virginia.
G EN under my hand this 20th day of November, 1996.
Mary F. Parker, City Clerk
Note to Publisher:
Please publish in full once on Friday, November 22, 1996, in ~.
Please send bill and Publisher's Certificate to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011