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Council Actions 12-26-89
Bowles (29892) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL December 26, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mr. Bowers was absent. The invocation will be delivered by ~ayor Noel C. Taylor. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. o CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com~ mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended· RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (I), Code of Virginia (1950), as amended. A report of the Director of Finance with regard to the set- off debt collection program. RECOMMENDED ACTION: Receive and file. A communication from Mr. Joel M. Schlanger, Secretary-Treasurer, Board of Trustees of the City of Roanoke Pension Plan, transmitting an Annual Report of the Pension Plan for the year ended June 30, 1989. RECOMMENDED ACTION: Receive and file. (1.) C-4 Qualification of Messrs. Louis E. Ellis and Hillary Lantz as members of the Roanoke Neighborhood Partnership Steering Committee for terms of three years each, ending November 11, 1992. RECOMMENDED ACTION: Receive and file. Request of Council Member Trout for an Executive Session to discuss the acquisition of real property for public purpose, pursuant to Section 2.1-344 (a) (3), Code of Virginia (1950), as amended. Comprehensive Annual Financial Report of the City of Roanoke for the year ended June 30, 1989. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the City of Roanoke Affirmative Action Program. Received and filed. Items Recommended for Action: A report recommending authorization to assign the management agreement for the Municipal Parking Garage from APCOA, Inc., to Allright Roanoke Parking, Inc. Adopted Ordinance No. 29892-122689. (6-0) A report recommending authorization to execute Change Order No. 1, in the amount of $8,551.62, to the contract with S. J. Conner and Sons, Inc., for construction of a new fueling station at the Utility Lines Site, 3447 Hollins Road, N. E.; and appropriation of funds therefor. Adopted Ordinance No. 29893-122689 and Ordinance No. 29894-122689. (6-0) 4. A report recommending authorization to execute Change Order No. 3, in the amount of $22,157.54, to the (2) contract with Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sewer Main Extension; and appropriation of funds therefor. Adopted Ordinance No. 29895-122689 and Ordinance 29896-122689. (6-0) 5. A report rec,ommending the purchase of a new four-wheel drive vehicle for use by the City Sheriff's Department. be Adopted Ordinance Director of Finance: No. 29897-122689. (6-0) 1. A financial report for the month of November, 1989. Received and filed. c. City Attorney: A report transmitting a Resolution requesting the 1990 Session of the General Assembly of Virginia to enact a Charter for the Roanoke Metropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Virginia. Adopted Resolution No. 29898-122689. (6-0) Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 29883, on second reading, amending and reor- daining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax on_a~ after ~-~o~-r 1, 1979, on and after October 1-, 1980, and on and after October 1, 1981, of Chapter 32, Taxation, of the Code of the City ~ Roanoke (1979), as amended, in order to increase the amount of tax imposed on purchasers of a uti- lity service upon certain terms and conditions and pro- viding for an effective date. Adopted Ordinance No. 29883-122689. (6-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. The matter of including school teachers in the City of Roanoke Pension Plan was referred to the Director of Finance for the purpose of conferring with appropriate school officials and report to Council accordingly. In the (3) event that State law precludes such participation, the matter was also referred to be included in the City's 1991 Legislative Program for consideration by the City's delega- tion to the General Assembly of Virginia. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. Other Hearings of Citizens: TAP officials presented a briefing on the status of a fire which caused considerable damage to the TAP building located at 702 Shenandoah Avenue, N. W., on Saturday, December 23, 1989. Certification of Executive Session. (6-0) (4) Office of the Mayor December 26~ 1989 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke~ Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, car,missions and corr~ittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950)~ as amended. Sincerely, Noel C. Taylor Mayor NCT: se Room452 MunicipalBuildincj 215Church Avenue, S.W.,Roanoke, VirgJnia 24011 (703)981-2444 December 26, 1989 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Set-off Debt Collection Program The City of Roanoke, through our Office of Billings and Collections, has been a participating agency with the Commonwealth of Virginia's program for set-off debt collections since 1985. Through this involvement the City has realized payments of over $140,000 from individuals who have state income tax refunds or lottery winnings and who owe debts to the City. This past claim year produced significant results for us as we were able to submit 2,400 valid claims totalling $261,698, and we successfully matched 688 individuals and collected $37,950. In addition to the payment to locate debtors with updated information often times enables us from these debtors which are not measured in these figures. program also promotes significant psychological deterrents debtors as the word quickly spreads that set-off is effective. of debts, the program serves address information. This to collect additional monies The to Honorable Mayor and Members of City Council Page 2 December 26, 1989 The program has received some valuable help this past year in terms of system enhancements. Through Council approval of funds from the Capital Maintenance and Equipment Replacement Program, the City was able to purchase on-line access to the state and reporting system. This access allows our delete, and modify claims on-line with Richmond It gives us access to social security information that has been invaluable in tax accounting office to add, anytime during the year. number data and address skip tracing debtors. The system has also allowed us to access the DMV information system. These lines were purchased with the plan of sharing access with the Treasurer and the Commissioner of Revenue. Instantaneous access to these files has allowed us to stay current on all parking ticket handling and has provided valuable information for collection activities. The claim year 1990 has accepted by the Commonwealth. The submittal is as follows: recently been submitted and category breakdown for the Personal Property Tax Water Sewer Accounts Judgments Library Parking Tickets Misc. Accounts Receivable Weeds Demolitions 1,177' $201,563.07 638 43,963.11 451 89,176.43 194 15,233.29 784 11,992.31 42 11,973.03 27 7,634.00 9 8t465.32 3,322 $390~000.56 Honorable Mayor and Members of City Council Page 3 December 26, 1989 for throughout the upcoming year as needed. against 1990 State income tax refunds and $100. The program way since we began to well justified the investment. This report is submitted purposes and no action is required. From these total submittals the State has accepted 2,790 a total claim of $321,382.84. We will continue to add debts Matches will be made lottery winnings over has grown in a most positive and effective participate. The returns to the City have strictly for information JMS/kp Attachment cc: Deborah Moses, Chief, Office of Billings and Collections DEPARTMENT OF FINANCE C,~ OF RO^NOK£. V^. December 26, 1989 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Annual Report of the City of Roanoke Pension Plan for the Year Ended June 30, 1989 On behalf of the Board of Trustees of your Pension Plan I am pleased to provide you with a copy of the Component Unit Financial Report for the year ended June 30, 1989. As you can see from this comprehensive report, the Pension Plan continues to grow and remain in an extremely sound financial position. I want to extend my sincere thanks to each and every member of City Council who every year ensures that the Pension Plan is always actuarially funded. This is the reason our Plan is so strong and is able to provide a benefit structure that helps to ensure a sound retirement for all the dedicated employees of the City. JMS/kp CC: Board of Trustees City Manager City Attorney Directors office of the City Clerk December 27, 1989 vile #15-488 Ms. Barbara N. Ouerk, chairman Roanoke Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, $. W. Roanoke, Virginia 24014 Dear 2s. Duerk: This is to advise you that ~essrS. Lantz have qualified as members partnership Steering Committee for ending November 11, 1992. Louis of the Roanoke terms of three Ellis and Hillary Neighborhood yearS each, Sincerely, ') ,~ary F. parker, CMC City Cler~ MFP:ra pc: ~s. $tephanie A. Fowler, NeighDorhood partnership Coordinator Room456 MunicipalSuilding 215Church Avenue,S.W Roanoke,Virginia 2a011 (703)981-2541 0-2 Oath or Affirmation Of Offlce State of Virginia, Cit~ of Roanoke, to .wit: ....... ,, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as according to the best of my ability. So help me God. 0-2 Oath or Affirmation ~0{ Office St~t~ ot Virginia, City of Roanoke, to.~: I, Hillary Lantz ., do solemnly swear (or ~ffirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me as as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of three years ending November 11, 1992. Subscribed and sworn to before me, this ..~.' ./~ ~ 0 /' ~fi'~ _, Deputy Clerk Honorable Mayor and City Council December 26, 1989 Roanoke, Virginia Dear Members of Council: SUBJECT: BRIEFING - CITY OF '~ANOK~i~IR~ATIVE ACTION PROGRAM I. BACKGROUND Affirmative Action Plan Provides for annual briefing to City Council on the status of Equal Employment and Affirmative Action. The briefing incorporates FY 88-89. Revised Affirmative Action Plan was adopted by City Council October 15, 1984. City Council was last briefed on January 23, 1989. II. CUl~/~2~T SITUATION Specific Affirmative Action programs Personnel Management participated in during FY 88-89 included: Job Fairs attended at minority and non-minority colleges and universities included Howard University Law School, Washington, D.C., Elizabeth City State University, Elizabeth City, North Carolina, Norfolk State University, Norfolk, Virginia, Roanoke College, Salem, Virginia, Winston-Salem State University, Winston-Salem, North Carolina, North Carolina Central University and St. Augustine University, Raleigh, North Carolina. Sponsoring the Minority Church Ministers Luncheon held at Sweet Union Baptist Church, which provides an opportunity for the Mayor as well as the City Manager's staff and Personnel Management to discuss affirmative action and related issues. Sexual harassment training for all department heads from the City of Roanoke and Roanoke County. Internship Program which included six, ten week internships. Three of the interns were minorities. Trained high school students how to get jobs as part of the Jobs for Virginia Graduates Program and through the business curriculum at Patrick Henry and William Fleming High Schools. The Mayor's Committee to Hire the Handicapped meetings as well as an orientation session sponsored by the Virginia Department of Rehabilitation. City workforce analysis indicates that the percentage of minority workers to the total composition is consistent with that of FY 87-88. (Attachment A) Honorable Mayor and City Council Page 2 Further analysis indicates that in all job categories the City continues to maintain a total workforce composition for minorities equal or better than the percent of available workforce in the Roanoke Standard Metropolitan Statistical Areas (SMSA). (Attachments B and C) FY 88-89 Hiring Analysis of the City of Roanoke's full-time workforce in all EEO categories indicates that 29% of new hires were minorities and 38% were females. New Hires from July 1, 1988 through June 30, 1989, for regular employment included: White Males White Females Minority Males Minority Females Other Males* Other Females* Number Percent of Total 61 41% 44 30% 29 20% 11 7% 1 1% 1 1% Total 147 100% Promotions during FY 88-89; 18% were minorities and 28% were females. Promotions through June 30, 1989, all categories: White Males White Females Minority Males Minority Females Number Percent of Total 38 60% 14 22% 6 10% 5 8% Total 63 100% Temporary Extra Help employment provides summer help for college students and the general public to meet peak work loads and seasonal work. White Males White Females Minority Males Minority Females Other Males* Other Females* Number Percent of Total 82 27% 61 20% 126 42% 33 11% 1 0% 0 O% Total 303 100% Other Categories denotes Hispanics, Asians, American Indians, Asians or Pacific Islanders and Native Alaskans. Honorable Mayor and City Council Page 3 Future Plans include having a job fair with major emphasis on recruiting minorities, airing radio announcements for Police Officer vacancies, improving the quality of the City's recruitment package and emphasizing improved in-house human relations training. III. CONCLUSION Affirmative Action provides the City with vital resources in meeting the spirit and mandate of providing equal employment opportunity for all persons, regardless of their race, color, national origin or handicap. In continuing to work toward the goal of being an effective affirmative action employer, we plan to enhance our affirmative action program through a more comprehensive training effort as well as increased emphasis on recruitment. Respectfully submitted, W. Robert Herbert City Manager WRH:jb Attachments cc: City Attorney Director of Finance Director of Administration and Public Safety Manager of Personnel Management Attachment A FISCAL YEAR PERCENT MINORITY PERCENT MAJORITY 1975-76 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 1987-88 1988-89 19 5 19 6 20 3 22 3 23 9 22 2 22 4 22.0 22.9 23.1 23.9 24.5 24.2 24.1 80.5 80.4 79.7 77.7 76.1 77.8 77.6 78.0 77.1 76.9 76.1 75.5 75.8 75.9 Attachment B CITY OF ROANOKE WORKFORCE ANALYSIS BY OCCUPATIONAL CATEGORY JUNE 30, 1989 OCCUPATIONAL CATEGORY WHITE MINORITY WHITE MINORITY TOTAL MALE MALE FEMALR F~h~LE Official/Managers Professionals Technicians Protective Service Paraprofessional Clerical Skilled Craft Service Maintenance 39 32 2 4 1 262 98 22 110 32 256 179 17 48 12 468 390 44 25 9 64 20 8 21 15 212 5 2 159 46 151 128 21 1 1 411 163 199 31 18 City Employment City Employment Percentage Available Workforce Percentage based on SMSA 1863 1015 315 399 134 100% 54.5% 16.9% 21.4% 7.2% 100% 51% 5% 39% 5% Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 1 of 9 fiLL OCCIIp~qT I ONI:tL C~TEC, ORI !~§ 90- 7~- 60- 4~ ~4/M ALL OCCUPATIONAL CATEGORIES W/M W/F B/M O/M O/F Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. 1I. 11I. II./II1, 1,g15 54.50 50.80 1.07 399 21.40 38.6g g.55 393 16.39 4.99 3.33 131 7.09 4.80 1,46 12 0.60 0~50 1.29 3 0.29 9.40 0.50 Other category includes American Indian, Asian. Alaska Native, Pacific Islander. and Hispanic. Briefing, City of Roanoke Affirmative Action Pro~ram November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Paue 2 of 9 OFFI CI It L/ADHI N1 S TRAIT I OE 7~ 6~- OFFICIAL/ADMINISTRATIVE City City Employment Percentage I. II. W/M 32 82.10 W/F 4 10.3~ B/M 2 5.1~ B/F 1 2.5~ O/M 0 0.0~ O/F g g.g~ City/ Available Available Workforce Workforce Percentage Comparison Ratio III. 72 6ff 23 60 2 20 1 gq 0 50 0 10 II./III. 1.13 0,44 2.32 2,50 o.gg g.00 Other category includes American Indian, Asian, Alaska Na- tive. Pacific Islander. and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 3 of 9 PROFE~§ I OHAL 1OO- ?0- [~CITY PEIRCEHTAGIE []SM~ PERCEHT~GE PROFESSIONAL W/M W/F B/M B/F O/M O/F Available City City Workforce Employment Percentage Percentage I. II. III. 98 37.40 48.60 110 42.00 44.7~ 18 6.9~ 2.00 31 11,80 3.60 4 1.5g ~.60 1 ~.4~ 0.50 City/ Available Workforce Comparison Ratio II./III. 0 77 0 94 3 45 3 28 2 5g ~ 8g Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 4 of 9 TECllNI TEC HN I C AL W/M W/F B/M B/F O/M O/F City/ Available Available City City Workforce Workforce Employment Percentage Percentage Comparison Ratio I. II. III, II./Ill, 179 69.9~ 61.4~ 1.14 48 18.80 33,50 ~.56 17 6.6~ 1,3~ 5.08 12 4.70 3.00 1.57 0 0.0~ 0.30 0.00 Other category includes American Indian. Asian, Alaska Native. Pacific Islander, and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 2g, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 5 of 9 9ol PROTECT I OE SERO I CE 70' 60' ~CITY PROTECTIVE SERVICE W/M W/F B/M B/F O/M O/F City Emp!oyment I, 39(~ 25 39 9 5 0 C ty Percentage 83 3q 5 4~ 8 3~ i 9~ 1 lq 0 ~ Available Workforce Percentage I 85 50 7 qg 5 10 0 4~ 0 0~ city/ Available Workforce Comparison Ratio II./III, 0.97 ~.77 1.63 4.75 1.10 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic, Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 6 of 9 % vo PROFESS I OHPtL 60- ~C:I TY PERCEHTflGE ~HSfl PERCEHTflGE PARA-PROFESSIONAL W/F B/M B/F O/M O/F City City Employment Percentage 20 21 8 15 0 II. 31 30 32 80 12 50 23 40 0 00 0 00 Available Workforce Percentage III. 9 10 65 40 6 00 17 90 0 50 City/ Available Workforce Comparison Ratio II./III. 3.44 0.50 2.g8 1.31 0.00 0.00 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 7 of 9 o 4~- OFFI CE/CLERI CfiL ~]CITY PERCEHT~GE ~HS~ PERCEHT~GE OFF ICE/CLER ICAL W/M W/F B/M B/F O/M O/F City City Employment Percentage 5 159 2 44 0 2 2 40 75 0g g 9g 2g 8g g 9g Available Workforce Percentage III. 24.9g 67.3g 2.1g 5.20 ~.4~ City/ Available Workforce Comparison Ratio ii./1 i. 1 11 ~ 43 4 ~g 0 g~ 2 25 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 8 of 9 SI~ILLED Clt~FT T¥ PERCEHT~GE ~S~ PERCEHT~GE SKILLED CRAFT W/M W/F B/M B/F O/M O/F City City Employment Percentage 128 21 0 84 70 070 13 90 0 70 0 00 0 00 Available Workforce Percentage III. 87 50 5 20 6 lq 0 50 0 60 City/ Available Workforce Comparison Ratio 1I./11I. 0.97 0.13 2.28 1.40 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Briefing, City of Roanoke Affirmative Action Program November 20, 1989 CITY OF ROANOKE WORKFORCE ANALYSIS Attachment C Page 9 of 9 SERO I CE/I~tt I NIENIIHCE IOO t- 2:0- 10 [~Cl TV PERCEHT~GE USMSO PERCEHT~GE SERVICE/MAINTENANCE W/M W/F B/M B/F O/M O/F City City Employment Percentage 163 31 196 18 3 11. 39 7g 7 5g 47 7g 4 8q 7 30 ~ gO Available Workforce Percentage III. 50 7g 3g 7g 7 40 g 64 0 64 City/ Available Workforce Comparison Ratio [I./lII. 4.78 4.24 4.77 g,65 12.17 Other category includes American Indian, Asian, Alaska Native, Pacific Islander, and Hispanic. Office of the City Clerk December 27, 1989 File #181 ~r. W. RoDert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29892-122689 authorizing the assignment of the management agreement for the Municipal Parking Garage, dated March 31, 1978, from APCOA, Inc., to Allright Roanoke Parking, Inc., upon certain terms and conditions. Ordinance No. 29892-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, '~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Robert N. Sacks, Vice-President/General Counsel, APCOA, 25550 Chagrin Boulevard, Cleveland, Ohio 44122 ~r. J. R. Holland, CEO, Allright Roanoke Parking, Inc., 307 Salem Avenue, S. W., Roanoke, Virginia 24016 Ur. Joel M. Schlanger, Director of Finance Ur. Kit B. Kiser, Director of Utilities and ~perations Room 456 Municipal Building 215Church Avenue, 5. W Roanoke. ¥irginia 24011 (70.~) 981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29892-122689. AN ORDINANCE authorizing the assignment of the management agreement for the Municipal Parking Garage, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the Cigy Attorney, appropriate documentation approving the assignment of the management agreement for the Municipal Parking Garage, dated March 31, 1978, from APCOA, Inc., to Allright Roanoke Parking, Inc., as more particularly set forth in the report to this Council dated December 26, 1989. 2. In order to provide for the usual daily operation of municipal government, ordinance shall be in the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Councii Roanoke, Virginia Subject: Municipal Parking Garage Church Avenue, S.W. Transfer of Management Control Roanoke, Virginia December 26, 1989 Dear Members of Council: I. Backsround: A. Management of Municipal Parking Garage contracted to APCOA, Inc. by Agreement dated March 31, 1978. B. A~reement amended on November 8, 1978, in regard to hours the facility will remain open and certain fees in the evening. C. Termination of the agreement can be effective upon either party giving the other party 30 days written notice. II. Current Situation: A. APCOA, Inc. has requested transfer of management responsibilities to Allright Roanoke Parking, Inc. (See attached letter.) III. Issues: A. Need B. Timin~ C. Cost to City D. Income to City IV. Alternatives: Council authorize the appropriate City officials to assign the agree- ment from APCOA, Inc. to Allright Roanoke Parking, Inc. to manage the Roanoke Municipal Parking Garage, 121 Church Avenue, S.W. 1. Need for continuity of management is met. 2. Timin~ to reassign management responsibilities in coordination with schedule agreed to between APCOA and Allrtght is met. 3. Cost to City is zero. 4. Income to City remains same as in current (APCOA) agreement. Members of Council RE: Municipal Parking Garage Page 2 Council refuse to authorize the assignment of the management agreement for the Municipal Parking Garage from APCOA, Inc. to Allright Roanoke Parking, Inc. 1. Need for continuity of management is not met. 2. Timing to coordinate assignment of management responsibilities with management companies' schedule is not met. 3. Cost to City may occur if continuity of management responsibility is not maintained. 4. Income to City may also be affected if management system is dis- rupted. Recommendation: Council authorize the assignment of the management agree- ment for the Municipal Parking Garage from APCOA, Inc. to Allright Roanoke Parking, Inc. in accordance with Alternative "A". WRH/RVH/fm Attachment cc: City Attorney Director of Finance Director of Utilities & Operations Respectfully submitted, W. Robert Herbert City Manager ROBERT N, SACKS November 7, 1989 Mr. Kit B. Kiser · .,~ -'. Director Utilities & Ogerations '~% ~ e~ ~4o 215 Church Avenue, S.W. N~ 1 !~ '"'' > Roanoke, Va. 24011 '~:~ ,~ Re: _A~ ROANOKE,~A 24011 Dear Mr. Kiser: · In accordance ~ith your request and tale hone conv w~th Keith Horde, th~s letter shall serve to --~ -. _ersation u~.~arm =ne tact that APCOA and Allright Corporation have consun~ted an o er agreement ivin - p ating g g Allright management ri his a · · to certain APCOA -a~-- ~ ...... g . nd responsibil~t~es ~__~ .... ~ .... .~ ~=~lons in selec~ urban markets, ~-u~uu~ng =ne city o~ Roanoke Municipal Parking Garage. or offlairport properties were included. The ~ ........ ~o air~.~t ments Doth corporations long-term development strategies. W? understand that you are familiar with Allright and its operations and we are certain you will receive the same lev service as provided by aD~na .... el of further questions- nl~=~-;~; ~_n_~we~yer, ~ you ~houZd have any · r --~ ~ ~=~ =O con~act Keith or myself. Vice President, General Counsel aNS/co CERTIFIED MAIL NO. P 481 552 824 cc: J. R. Holland, CEO Allrigh~ Corporation Gene Bartholomew Allr~gh~ Corporation Telephone:. 216/765-8800 Facsimile: 2161765-8214 Office of the City Clerk December 27, 1989 File #268 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29894-122689 approving the issuance of Change Order No. 1, in the amount of $8,551.62, to the City's contract with S. J. Conner and Sons, Inc., relating to construction of the new fueling station, Utility Lines site. Ordinance No. 29894-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pC: ~r. James W. Conner, Secretary/Treasurer, S. J. Conner and Sons, Inc., 1507 22nd Street, N. E., Roanoke, Virginia 24012 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Ms. Dolores C. Daniels, Citizens' Request for Service Room 4.56 Municipal Building 215 Church Avenue, S. W Roanoke. Virginia 24011 (70,~) 981-2.541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of December, 1989. No. 29894-122689. VIRGINIA, AN ORDINANCE approving the City Manager's No. 1 to the City's contract with S. J. Conner and Sons, Inc., to construction of the new fueling station, Utility Lines site, viding for an emergency. issuance of Change Order relating and pro- BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with S. J. Conner and Sons, Inc., dated August 14, 1989, relating to con- struction of the new fueling station, Utility Lines site. 2. Such Change Order shall provide the work to be performed: CONTRACT AMOUNT DESCRIPTION OF CHANGE ORDER: Unanticipated removal of rock for two 5000-gallon fuel storage tanks, plus concrete anchor slab Installation of safety rail around high portion of fueling platform (50' of safety rail) CONTRACT AMOUNT INCLUDING CHANGE ORDER NOS. 1 for the following changes in $ 69,635.00 7,202.62 Total 1~349.00 $ 8,551.62 $ 78~186.62 Additional time resulting from Change Order No. 1 14 calendar days. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk December 27, 1989 File #60-268 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Qrdinance No. 29893-122689 amending and reordaining certain sections of the 1989-90 Internal Service Fund Appropriations, providing for the appropriation of $5,187.00 from Retained Earnings, Unrestricted, to Utility Line Services, Capital Outlay, Construction-Structures, in connection with exe- cution of Change Qrder No. 1 to the coatract with S. J. Conner and Sons, Inc., for construction of a new fueling station a~ Utility Lines Site, 3447 Hollins Road, N. E. Ordiaance 29893-122689 was adopted by the Council of the City of Roanoke a regular meeting held on Tuesday, December 26, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Hr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Hr. Charles ~. guffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Jesse ~. Perdue, Jr., Manager, Utility Line Services Ms. Dolores C. Daniels, Citizens' Request for Service Room456 MunicipalBuilding 215Church A~enue, S.W. Roanoke, Virginia 2~011 (703)981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of December, 1989. No. 29893-122689. the for AN ORDINANCE to amend and reordain certain sections of 1989-90 Internal Service Fund Appropriations, and providing 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 1989-90 Internal Service Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Utility Line Services Capital Outlay (1) ................................. $2,638,353 314,242 Retained Earnings Retained Earnings - Unrestricted (2) ............... 1) Construction - Structures (006-056-2625-9060) $ 5,187 2) Retained Earnings - Unrestricted (006-3336) (5,187) $1,945,321 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 New Fueling Station Utility Lines Site 3447 Hollins Road, N.E. Roanoke, Virginia Roanoke, Virginia December 26, 1989 I. Backsround: Cit~ Council, at its August 14, 1989 meeting, authorized the City Manager to enter into a contractual agreement with S. J. Conner and Sons Inc. in the amount of $69~635.00 and 28 con- secutive calendar days construction time for this pro,ct. Contractor built the required retaining wall to permit the fuel dispensing pumps to work off two levels, the ground level and truck bed level to facilitate the fueling of truck mounted compressors and other equipment. Once the retaining wall was completed, excavation was started inside the wall for the tank installation. When the topsoil had been removed, rock was encountered. Since the extent of the rock was unknown and there was not a unit price for rock removal, the contractor was instructed to remove the rock on a time and material basis. The extent of the rock removed was for two (2) five thousand (5,000) gallon fuel storage tanks plus the concrete anchor slab under both tanks. The cost of this work was $8~066.89 less $864.27 originally esti- mated to dig in earth only, or a net change of $7~202.62. Utility Lines Manager has requested that a safety rail be installed around the high portion of the fueling platform (from two to five feet above the ground), fifty feet of 3'-0" high, two member rail for the sum of $1~349.00. Total amount of both changes is $8~551.62. II. Issues, in order of importance, are: A. Extent of work B. Funding C. Time Page 2 III. Alternatives are: Approve Change Order No. 1 to the contract with S. J. Conner and Sons Inc. in the amount of $8~551.62 and 1._44 consecutive calendar days additional contract time. Extent of the work has been verified and cost of same is within the estimate of the work involved as listed in Means Construction Cost Data Estimator. 2. Funding is available as follows: a) From Project Contingency $3,365.00 b) From Previous Years' Retained Earnings in the Internal Service Fund ~5~186.62 $8,551.62 Time of completion has been extended by two weeks (14 days) which is the actual time required for the excava- tion. B. Do not approve Change Order No. 1. Extent of the work would not change since the work done is all that is being paid for as covered by General Conditions, Paragraph 20.2-C. 2. ~undin8 would not be encumbered at this time and the Contractor would not be paid for work performed. 3. Time of contract completion would not change. IV. Recommendation: City Council approve Alternative "A" and authorize the City Manager to execute Change Order No. 1 with S. J. Conner and Sons Inc., in the amount of $8~551.62 and 14 days additional construction time. Authorize the Director of Finance to appropriate $5~186.62 from Previous Years' Retained Earnings in the Internal Services Fund Account to the project account, 006-056-2625-9060. Page 3 Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Manager, Utility Line Services City Engineer Citizens' Request for Service Construction Cost Technician Office of the City Clerk December 27, 1989 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29896-122689 approving issuance of Change Order No. 3, in the amount of $22,157.54, to the City's contract with Dixon Contracting, Inc., for construc- tion of the Coyner Springs Gravity Sewer Main Extension. Ordinance No. 29896-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Dixon Contracting, Inc., P. O. Box 108, F~incastle, 24090 ~r. Joel ~. $chlanger, Director of Finance ~r. Kit 6. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James D. Ritchie, Director of Human Resources Virginia Room 456 MunicipalBuitding 215 Church Avenue, $.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of December, 1989. No. 29896-122689. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the City's contract with Dixon Contracting, Inc., for construc- tion of the Coyner Springs Gravity Sewer Main Extension; 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 is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3 to the City's contract with Dixon Contracting, Inc., dated April 17, 1989, related to construction of the Coyner Springs Gravity Sewer Main Extension 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT CONTRACT AMOUNT WITH PREVIOUS CHANGE ORDERS DESCRIPTION OF CHANGE ORDER: Ductile Iron Pipe and labor at M.H.7 Additional paving repair: 178.9 sq.yds. @ $12.50*/sq.yd. Additional road shoulder stone 0.9 cu.yds @ 2~$00'/cu yd. Grading and seeding 4,101.90 sq.yds, at 3.00* sq.yd. Additional rock 303.07 cu.yds. @$6.50* cu.yd. Unstable pipe bed material (mud removed ~ gravel installed) 28.37 cu.yds. @$30.O0*/cu.yd. $ 258,783.00 389,848.00 3,642.34 2,236.25 22.50 12,305.70 1,969.96 851.10 Addition of one sewer connection at Juvenile Detention Home (found during excavation) Over run on several other items from bid quantity (deduct) Total 1,311.44 ~181.75) 22,157.54 Cost same as unit price on Bid Form. Original bid quantity underestimated. Final quantities include topsoil stripping, stockpiling and replacing on Jeter property in lieu of seeding. CONTRACT AMOUNT INCLUDING CHANGE ORDER NOS, 1,2 and 3 $ 412,005.54 Additional time resulting from Change Order No. 1 None 3. In order to provide for the usual daily operation municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. ATTEST: of the this ordi- City Clerk. E Office of the City Clerk December 27, 1989 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~lr. Schlanger: I am attaching copy of Ordinance No. 29895-122689 amending and reordaining certain sections of the 1989-90 Sewage Fund Appropriations, providing for the appropriation of $22,158.00 from Retained Earnings, Unrestricted, to Capital Outlay from Revenue, Coyner Springs Sewer, in connection with execution of Change Order No. 3 to the contract with Dixon Contracting, Inc., for construction of the Coyner Springs Gravity Sewer ~ain Extension. Ordinance No. 29895-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, ) Mary F. Parker, CMC City Clerk MFP:ra Eric. pc: ~r Mr ~r Ms Mr W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public ~orks Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician James D. Ritchie, Director of Human Resources Room 456 Municipal Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 26th day of December, 1989. No. 29895-122689. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Sewage Fund Appropriations, and providing for an emergency. WHEREAS, for Government of the exist. THEREFORE, the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of 1989-90 Sewage Fund hereby, amended and ADDroDriations Capital Outlay From Revenue Coyner Springs Sewer (1) ........................... $ 4,500,681 433,143 Retained Earnings Retained Earnings - Unrestricted (2) ............... Appropriations from General Revenue Retained Earnings Unrestricted (003-056-8444-9003) $ 22,158 (003-3336) (22,158) $13,668,812 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia December 26, 1989 Honorable Mayor and City Council O>~ .~ ~ ~ Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 3 Coyner Springs Gravity Sewer Sewer Main Extension Botetourt County for City of Roanoke, Virginia I. Back,round: Ordinance No. 29203, approved by City Council on April 17, 1989, authorized the City Manager to execute a Consent Decree with the Commonwealth of Virginia which provided a time schedule to meet State compliance by November 5, 1989. This compliance was met. Ordinance also authorized negotiation and execution of an agreement with Botetourt County providing for certain construction and treatment credits to partially offset the cost of the proposed new gravity sewer line and providing for Botetourt County's ownership and maintenance of the line. Cit~ Council, at its April 17, 1989 meeting, awarded a contract to Dixon Contracting, Inc. of Fincastle for the above project in the amount of $258~783.00 and 120 consecutive calendar days. Chanse Order No. 1 was approved by City Council on May 23, 1989 in the amount of $14~741.00 construction cost. This change was required by the State Water Control Board when leaking fuel tanks were discovered at the nearby Exxon station that had contaminated the soil all the way into the median strip between the dual lanes of U.S. 460. Chan~e Order No. 2 was approved by City Council on July 10, 1989 in the amount of $116~324.00. This change was required when test pits were dug on each side of the highway and rock was encountered before the sewer main elevation was reached and the decision was made to tun- nel under U.S. 460 rather than trying to jack and bore. Additional design time was also required to implement Change Order No. 1 and Change Order No. 2. Virs£nia Department of Transportation requested that the pipe under the highway be changed from SDR 35 PVC to dueitle iron (from Manhole 7 to Manhole 8) after the tunnel work under U.S. 460 had been completed, but before the pipe had been installed. The downstream Manhole 7 had to be changed also with all of the pipe fittings and labor for changing from PVC to ductile iron. This and other quantity changes involved after measuring the in place work are as follows: Ductile Iron Pipe & labor at M.H. 7 Additional paving repair: 178.9 sq. yds. @ $12.50/$q. yd.* Additional road shoulder stone 0.9 cu. yds. at $25.00* Grading and seeding ** 4,101.9 sq. yds. at $3.00* Additional rock 303.07 cu. yds. @ $6.50* per cu. yd. Unstable pipe bed material (mud removed & gravel installed) 28.37 cu. yds. at $30.00* per cu. yd. Addition of one sewer connection at Juvenile Detention Home (found during excavation) Over run on several other items from bid quantity (deduct) Total $ 3,642.34 2,236.25 22.50 12,305.70 1,969.96 851.10 1,311.44 (181.75) $ 22,157.54 Cost same as unit price on Bid Form. Original bid quantity under-estimated. Final quantities include topsoil stripping, stockpiling and replacing on Jeter property in lieu of seeding. II. Issues are as follows: A. Additional work and related cost. B. Fundlns. C. Time III. Alternatives: A. Approve Chanse Order No. 3 to the contract with Dixon Contracting, Inc. in the amount of $22~157.54 and no additional contract time . 1. Extent of the work is as previously described. Cost of most of the additional work is based on unit bid prices. Fundin~ is available in the Sewer Fund Previous Years' Retained Earnings. Botetourt County has been kept abreast of these changes and has met with the parties involved, including VDOT, and they are in agreement. Botetourt County is expected to reimburse the sewer fund, per agreement referenced in I-A through service charge credits in later years. Time of completion remained the same. The Juvenile Detention Home and Nursing Home were on line by November 5 as required by State mandate. B. Reject Change Order No. 3. Extent of the work would not change since only the work involved to place the two facilities on a gravity sewer was done in a manner to meet the requirements of the three parties involved. 2. Fundin~ would not be encumbered at this time. 3. Time of completion would not be an issue since the facilities are on llne. IV. Recommendation: City Council authorize: City Manaaer to execute Chan~e Order No. 3 with Dixon Contracting, Inc. in the amount of $22~157.54 and no additional time to the contract. WRH/LBC/fm cc: Appropriate $22m157.54 from the Sewer Fund Previous Years' Retained Earnings to the Coyner Springs Sewer Extension Project Account No. 003-056-8444-9065. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Human Resources Director of Public Works City Engineer Construction Cost Technician Office of the City Clerk December 27, 1989 File #472-121 Fulton Trucks, Inc. P. 0. Box 6337 Roanoke, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29897-122689 accepting the bid of Fulton Trucks, Inc., in the amount of $16,508.04, for one new four-door, four-wheel drive vehicle for the City Sheriff's Department. Ordinance No. 29897-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, ~,~ ~ary F. ParRer, CMC City Clerk MFP:ra Ellc. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 27, 1989 File #472-121 ~r. Ken D. Spangler Fleet Manager Berglund Chevrolet P. ©. Box 12608 Roanoke, Virginia 24027 Dear ~r. Spangler: I am enclosing copy of Ordinance No. 29897-122689 accepting the bid of Fulton Trucks, Inc., in the amount of $16,508.04, for one new four-door, four-wheel drive vehicle for the City Sheriff's Department. Qrdiaance No. 29897-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. ©n behalf of the Mayor and Members of City Council, ! would like to express appreciation for submitting your bid on the above- described vehicle. Sincerely~ ,~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of December, 1989. No. 29897-122689. VIRGINIA, AN ORDINANCE providing for the purchase of a four-wheel drive vehicle for the City Sheriff's Department upon certain terms and con- ditions; and providing for an emergency. WHEREAS, the City Sheriff is responsible for delivering necessary civil and criminal process, transporting prisoners and other related duties which require travel to many various areas of the City% and WHEREAS, in inclement weather, there are many areas of the City which are difficult or impossible to reach without a four-wheel drive vehicle; and WHEREAS, the Sheriff does not have an operable four-wheel drive vehicle available for use of his department at this time; and WHEREAS, there is an immediate need for this type of vehicle; and WHEREAS, Fulton Trucks, Inc. has offered to sell a new four-door, four-wheel drive vehicle to the City for a total cost of $16,508.04, which is a competitive price. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: l. The offer of Fulton Trucks, Inc. made to the City to furnish one new four-door, four-wheel drive vehicle meeting the City's requirements and specifications made 5herefore, for the total amount of $16,508.04 is hereby ACCEPTED. 2. The City's Manager of General Services is authorized and directed to issue the requisite purchase order therefore, incorporating into said order the City's specifications, offer and the terms and provisions of this 3. In order to provide for the usual municipal government, an emergency is deemed to exist, and nance shall be in full force and effect upon its passage. Attest: the terms of said bidder's ordinance. daily operation of the this ordi- City Clerk. Roanoke, Virginia December 26, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Purchase of One (1) 4-Wheel Drive Vehicle for the City Sheriff I. Background: City Sheriff has the responsibility to deliver necessary criminal and civil papers, to transport prisoners and other related duties as required. Inclement weather makes these duties extremely difficult and sometimes unsafe. Emergency procurement of required equipment is provided under section 23.1-6 of the Code of the City of Roanoke. Currently no 4-wheel drive vehicles are assigned to the Sheriff's Department. II. Current Situation: A vehicle, currently assigned to the City Sheriff to assist in the completion of required duties, is inoperable and in need of repair. The repair cost and down time of this vehicle is extensive. City Sheriff and Manager, General Services inspected new 4-door, 4-wheel drive vehicles that are available on the lots of local dealers. Two (2) units were found to be available that will meet the needs of the Sheriff and the requirements of the City. Those units are as follows: 1. Fulton Trucks, Inc. - One (1) new 1990 Jeep, 4-door, 4-wheel drive for $16,508.04. III. IV. Berglund Chevrolet, Inc. - One {1) new lggo Jeep, 4-door, 4-wheel drive, for $16,940.00. A. Need B. Timeliness C. Fund Availability Alternatives: Council allow for the emergency purchase of One (1) New, 4-door, 4-wheel drive vehicle from Fulton Trucks, Inc. for the total cost of $16,508.04. Need - The unit requested is needed to replace an existing vehicle which is inoperable and to accomplish required duties in inclement weather. Timeliness - Requested unit is currently available on local dealers lot. This alternative will respond to an immediate availability. Fund availability - Funds are available in the Sheriff's Department to provide for this purchase· Council not allow for this emergency purchase of a 4-door, 4-wheel drive vehicle for the City Sheriff. Need - The replacement of a needed vehicle would not be accomplished. Also, the accomplishment of required duties during inclement weather would not be in the most efficient and effective manner. Timeliness - would not be a factor in this alternative. Fund availability - is not an issue. V. Recommendation Ae Council concur with Alternative "A" - allow , for the emergency purchase of One {1) new 1990 4-door, 4-wheel drive vehicle, for the City Sheriff, from Fulton Trucks, Inc. for the total amount of $16,508.04. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance OEleAR~TME:NT OF FINANCE C:ITY OF R~OANOKE. VA. December 26, 1989 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of November, 1989. JMS/kp GENERAL FUND CONTINGENCY BALANCE AS OF NOVEMBER 30, 1989 General Contingency: Balance July 1, 1989 Management and Budget Management and Budget Economic Development City Clerk City Council TAP Jail Engineering Economic Development Economic Development Economic Development Community Planning Management and Budget Management and Budget Building Maintenance Miscellaneous Management and Budget Management and Budget Economic Development Economic Development Consolidation Expenses Consolidation Expenses Property Appraisal Art Purchases Aid to Hugo Victims Homeless Grant Match G.E.D. Grant Match Bridge Inspection Marketing Shell Building Marketing Shell Building Parking Survey Travel Expense Consolidation Study Consolidation Study Courthouse Renovations Cable TV Contract Consolidation Expenses Consolidation Expenses Marketing Shell Building A & P Property Appraisal $ 498,529 5,000 5,000 3,500 1,415 6,500 30,000 1,117 (123,000 4,000 5,000 2,000 5,000 5,000 5,000 5,000 358 5,000 5,000) 3,995) { 3t500) $ 274,144 Maintenance of Fixed Assets Contingency: Balance July 1, 1989 Building Maintenance Third Street Annex Roof 200,000 50,000) 150,000 Equipment Replacement Contingency: Balance July 1, 1989 School Board School Buses City Attorney T!~pewriter 750,000 (150,000) { 875) 599,125 $1~023,269 Total Contingency Balance 1 CITY OF ROANOKE GENERAL FUND STA'I'E~ OF REVENUE General Property T~xan Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue Fr~m Use of Mone~ & Property Education Grants-in-Aid C~nwealth Grants-in-Aid Federal Gevernment Charges for Current Services Miscellaneous Revenue Internal Services Total Year t~ Dance for the l~riod Ju/~ 1-]lov.30 Jnly 1-!~ov.3O Perc~atage Revised Rew~ne 19~8-89 1989-90 of $15,331,934 $16,656,100 8.64% $ 45,501,500 9,252,104 9,109,334 (1.54%) 35,423,000 220,801 189,334 (14.25%) 445,000 288,015 249,463 (13.39%) 568,000 456,351 643,368 11,618,239 11,475,173 7,376,564 7,337,178 77,310 7,571 696,094 645,362 146,170 120,113 426,867 471,110 $45,890,449 $46,904,106 Pere~ of ~ ReoeP, md 36.61% 25.72% 42.55% 43.92% 40.98% 1,456,000 44.19% (1.23%) 31,618,763 36.29% ( .53%) 22,954,434 31.96% (90.21%) 27,000 28.04% (7.29%) 2,013,853 32.05% (17.83%) 1,545,800 7.77% 10.36 663,725 70.98% 2.21% $142,217,075 32.98% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCt~{BRANCES General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation & Cultural Ce~unity Development Education Debt Service Non-Departmental Total Year to Date for t~e ~.~iod July 1-11or.30 JulI 1-liov.30 ~ l]neac~ad l~vi~ ~erc~t of Bud~t 1988-89 1989-90 of ~ p~I~ llx~ iati~ls (lbliqated $ 3,302,567 $ 3,334,579 .97% $ 4,762,150 $ 8,096,729 41.18% 1,123,732 1,231,571 9.60% 1,796,714 3,028,285 40.67% 9,705,391 10,679,835 10.04% 15,085,022 25,764,857 41.45% 8,606,275 9,225,718 7.20% 9,667,279 18,892,997 48.83% 4,712,788 4,500,295 (4.51%) 7,489,086 11,989,381 37.54% 1,531,890 1,784,223 16.47% 1,872,202 3,656,425 48.80% 494,979 747,763 51.07% 524,518 1,272,281 58.77% 20,416,890 22,958,872 12.45% 38,700,431 61,659,303 37.24% 3,861,524 4,390,296 13.69% 8,574,513 12,964,809 33.86% 445,314 631,844 41.89% 1,786,326 2,418,170 26.13% $54,201,350 $59,484,996 9.75% $ 90,258,241 $149,743,237 39.7~% 3 CAPITAL PRODUCTS FUND STATEMENT OF EXPENDITUI~S, ENCUMBP. ANCES AND UNENCUMBERED APPROPRIATIONS SUI~4ARY AS OF NOVEMBER 30, 1989 ~aneral Govermmant $ 1,427,922 $ 4,347,570 $ 5,775,492 $ 5,099,233 $ 676,259 $ 19,982 $ 656,277 Education 602,225 7,802,765 8,404,990 4,352,098 4,052,892 194,789 3,858,103 Recreation 54,194 607,423 661,617 358,341 303,276 219,917 83,359 Streets and Bridges 1,112,191 3,289,320 4,401,511 2,516,923 1,884,588 1,626,803 257,785 Sanitation Projects 4,223,475 4,646,993 8,870,468 5,937,490 2,932,978 2,383,411 549,567 Traffic Engineering & C~mmication 1,151,281 153,795 1,305,076 731,333 573,743 96,943 476,800 Other Infrastructure Projects 267,514 14,188,363 14,455,877 403,773 14,052,104 124,890 13,927,214 Capital Improvement Reserve 2,969,073 1,367,871 4,336,944 4,020 4,332,924 - 4,332,924 $11,807,875 $36r404,100 $48,211,975 $19,403,211 ~28,808,764 $4,666,735 $24,142,029 Total Capital Projects Fund 4 CITY OF ROANOKE WATER FUND COMPARATI~-E INCOME STATEMENT FOR THE 5 MONTHS ENDED NOVEMBER 30, 1989 Operatin~ Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expenses Total Non-Operating Expenses 1989 $ 461,949 615,353 44,765 20,491 399,038 84,360 1~625~956 346,355 464,696 157,786 70~474 1~039~311 586,645 286~708 299~937 83,203 2,163 2,266 87~632 387,569 4~167 4{167 1988 $ 457,071 639,210 48,014 23,277 470,087 212~630 1~850~289 328,143 422,253 174,404 76,916 1~001,716 848,573 279,447 569~126 75,192 2,163 396 1,920 79~671 648,797 7,611 7,611 Net Income $ 383r402 $ 641~186 5 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect Water - New Service, Hyd., Lines Water - Unidentified Plant Replacement Water - Fire Hydrants Expand Carvins Cove Plant FC Plans & Specs CC Security/Concession Replacement FY86 Project Design 12 Line Airport Road Edgewood Replacement Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $186,110 89,048 10,766 4,000 107,565 99,979 12,103 43,351 5~794 558,716 237~799 $320,917 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. CITY OF ROANOKE SEWAGE TREAT~9~ FUND COI4PARATIVE INCOME STATEMENT FOR THE 5 MONTHS E~DED NOVEMBER 30, 1989 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income (Loss) Before Non-operating Expenses Less: Non-Operating Expenses Interest Expenses Total Non-Operating Expenses Net Income (Loss) 1989 $1,670,582 447,662 132,418 644,141 18,840 52,726 5~436 2~971,805 535,242 1~541~745 2~076~987 894,818 385{669 509~149 101,945 35,156 %924 143~025 652,174 35~156 35~156 $ 617~018 1988 $1,709,406 262,816 99,208 331,340 20,138 44,833 5,053 2~472,794 512,403 1~939,662 2~452~065 20,729 378,203 357,474) 90,445 10,801 1,956 103,202 (254,272) 42,788 42~788 S/ 297~060) 7 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Unidentified Construction FY86 Projects Design S.T.P. Land Acquisition Fine Mesh Screens STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIB Mud Lick Sanitation Sewer Replacment Ph. II Williamson Road Storm Drain Ph. 2, Cont. IIC Coyner Springs Sewer Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 2 160 59 005 26 387 19 721 63 553 4 137 373 097 472 295 496 948 339 240 52,725 1,520 630 1,911,418 1~202~772 708~646 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 8 ROA~OK~ REGIONAL AIRPORT COmmISSION COMPARATIVE INCOME S~ATEMENT FOR THE 5 MONTHS ENDED NOVEMBER 30, 1989 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Con~aissions Fuel and Oil Sales Con~issions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Inc. - Airport Debt Service Account Total Non-Operating Income Income Before Non-operating Expenses Less: Non-Operating Expenses Interest Expense Paying Agent Fees Interest Expense - '88 Rev. Bond Issue Total Non-operating Expenses Net Income (Loss) 1989 187,211 72,065 59,532 139,123 10,474 745,498 11,269 15~702 1~240~874 333,493 643~279 976{772 264,102 240~287 23~815 96,108 4~976 101,084 124,899 41,821 3,104 91~068 135~993 11~094) 1988 $ 175,317 66,758 85,639 13,690 10,796 664,882 18,162 31,928 1~067~172 216,973 486~419 703~392 363,780 221~280 142~500 43,769 43~769 ]86,269 44,234 44~234 142~035 9 ROANOKE REGIONAL AIRPORT COMMISSION COMMISSION Capital Outlay Not Included in Operating Expenses: Project Vehicular Equipment Other Equipment Repaint R/W & T/W Markings Unidentified Construction Relocation Expenses Runway Extension #23 New Terminal Building General Aviation Development FAR Part 150 Noise Study Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 13,957 13,968 584 12,978 680 283,887 23,627,926 19,014 5~030 23,978,024 18r975~312 $ 5~002~712 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEmEnt FOR THE 5 MONTHS ENDED NO~EMBER 30, 1989 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Com~unications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income 1989 $ 115,581 23,441 36,738 1,130 19,881 26f476 223~247 228,213 113,027 263,651 27,991 3~261 636~143 (412,896) 142f943 {555~839) 21,432 1~837 23r269 1988 114,937 16,345 35,921 1,425 31,307 36r808 236~743 220,548 183,207 211,734 27,193 2,239 644,921 (408,178) 134~554 (542,732) 19,747 1~785 21,532 $(521~200) Net (Loss) $(532,570) 11 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro3ect Other Equipment Elevator for Handicapped Trade & Convention Center Study Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 30,151 130,738 45,124 206,013 62~628 $143,385 NOTE: Some of these projects are continued from FY88 and FY89 with inception to date totals. 12 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDED NOVEN~.~ 30, 1989 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1989 2~740~138 2~740~138 1,583,448 840~865 2~424~313 315,825 286~693 29~132 56~178 56~178 1988 2~640,203 2,640~203 1,533,621 727~516 2~261r137 379,066 257~513 121~553 29~652 29,652 $ 85~310 $ 151~205 13 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project CIS - Other Equipment MC - Furniture & Equipment MVM - Other Equipment ULS - Land Purchase ULS - Construction - Structures Year to Date Expenditures $ 15,075 9,468 2,901 1,050 14~845 Total 43,339 14 CITY OF ROANOKE~ VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT DF ACCOUNTABILITY FOR NONTH ENDED NOVEMBER 30, 1989 TO THE DIRECTOR DF FINANCE GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY DF ROANOKE, VIRGINIA FOR THE FUNDS OF 5AID CITY THE MONTH ENDED NOVEMBER BO, 1989. FUND BALANCE AT RECEIPT5 DISBURSEMENTS BALANCE AT BALANCE AT OCT. 31, 1989 NOV. BO, 1989 NOV 30, 1988 GENEOAL $16,098,403.60 $8,444,315.46 $10,904,643.88 $13,698,073.E4 $1D~744,088.90 CAPITAL $14,I83,478.T6 $1,458,936.33 $D,083,348.01 $13,499,081.10 $17,545,524.96 DEBT SEDUICE $788,901.31 $3,823.4§ $303 73 S734,819 B1 $377,910.13 WATER $8,440,879 ID $336,Dl&.O0 SEWAGE TREATMEMT $2,372,3T0.67 $810,712.93 $837,B08.29 AIRPORT $2,BgB,48T.76 $441,72733 CIVIC CENTER $318,073.54 $113,610.83 $180,931.94 $310,73443 $931,68D.01 INTERNAL SERVICE $1,587,648.71 $558~751.41 $300,349 T6 $1,846,056.36 $1~815,764.76 PAYROLL ($8,770,860.245 $6,582,7§B.34 $8,9D7,763.81 ($6,183,873.315 ($3,334,6D7.165 RUBLIC ASSISTANCE ($384,933.715 $398,305.38 $387~398.73 ($374,048.865 ($313,386.635 FIFTH OIST CONSORTIUM ($837.36) $31,436.10 GRANT PROGRAMS 15198,004.36! $1,145,69800 $1,160,13192 ($DO6,43B.4D) ($494,814.4§) TOTAL $36,109,138 66 $20,~68,D03.68 $23,739,361 94 $30,637,967.84 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING I5 A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUND5 DF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENOING NOVEMBER 30, 1989 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES TOTAL5 CASH IN HAND CASH IN BANK INVESTMENTS ACQUIREO FROM COMPETITIVE PROPOSALS: CENTRAL FIOELITY CHARTER FEDERAL SAVINGS BANK COLONIAL AMERICAN NATIONAL BANK COREAST SAVINGS BANK CRESTAR BANK OOMINION BANK PERPETUAL SAVINGS BANK 5IGNET BANK SOVRAN BANK $894,43121 $48,586 13 $894,491.81 19,000,000.00 $9,000,000.00 $3,000,000.00 $3,000,000.00 $B,O00,O00.O0 ' $3,000,000 O0 $2,000,000.00 $B,O00,O00 O0 $8,300,000.00 $8,300,000 O0 $B,O00,O00.O0 $8,000,000 O0 $3,000,000.00 $3,000,Q00 O0 TOTALS S397,967 34 $85,000,000.00 S3,300,000.00 $80,697~967 34 DATE: DECEMBER 12I 1989 ~~ ROANOKE CITY TREASURER 15 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 5 MONTHS ]ENDED NOVEMBER 30, 1989 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1989 $2,231,799 1,643,630 826,027 105~625 $4~807~081 1988 $1,789,709 1,321,248 181,264 97~071 $3,389r292 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $2,026,732 139,520 8,023 84,878 41~195 2,300~348 $2~506~733 $1,951,286 102,777 5,668 115,198 10~048 2~184~977 $1~204,315 16 CItY OF ROANOR PENSION PLAN BALANCE SHEET AS OF NOVEMBER 30, 1989 ASSETS Cash Investments: (market value - 1989 $107,117,654 and 1988 $ 90,927,220) Total Assets 1989 1988 1,256 $ 356 98~314~551 $ 98~315~807 87~829~921 $ 87~830~277 LIABILITIES AND FUND BALANCE Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 95,809,074 2~506~733 98~315{807 $ 98~315~807 86,625,962 1~204~315 87~830~277 $ 87~830,277 17 Office of the City Clerk December 27, 1989 File #91 The Honorable J. Gra~ger ~acfarlane Member, Senate of Virginia P. 0. Box 201 Roanoke, Virginia 24002 Dear Senator ~acfarlane: I am enclosing two copies of Resolution No. 29898~122689 requesting the 1990 Session of the General Assembly of Virginia to enact a Charter for the Roanoke Metropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Virginia. Resolution No. 29898-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. I am also enclosing copy of a Charter for the Roa~oke Metropolitan Government with the request that such Charter be put into the form of a bill to be introduced on or before the first day of the 1990 Session of the General Assembly and to be effec- tive July 1, 1993. Sincerely, ~1ary F. Parker, C~1C City Clerk MFP:ra Enc. pc: ~r. Mr. Mr. ~. Robert Herbert, City Manager ~ilburn C. Dibling, Jr., City Attorney Joel ~. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, $. W Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk December 27, 1989 File #91 The Honorable Clifton A. ~'oodrum, Member, House of Delegates P. O. 8ox 1371 Roanoke, Virginia 24007 III Dear Delegate ~oodrum: I am enclosing two copies of Resolution No. 29898-122689 requesting the 1990 Session of the General Assembly of Virgiaia to enact a Charter for the Roanoke ~etropolitan Governmeat, a regional government pursuant to Article VII, §1. Constitution of Virginia. Resolution No. 29898-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. I am also enclosing copy of a Charter for the Roanoke ~etropolitan Government with the request that such Charter be put into the form of a bill to be introduced on or before the first day of the 1990 Session of the General 4ssembly and to be effec- tive July 1, 1993. Sincerely, :~lary F. Parker, CMC City Clerk MFP:ra Enc. pc: Hr. Mr. Mr. ~. Robert Herbert, City ~anager ~'ilburn C. Dibling, Jr., City .ittorney Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue, $. W. Roanoke, Virginia 24011 (70.~) 981-2541 Office of the City Clerk December 27, 1989 File #91 The Honorable A. Victor Thomas ~ember, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing two copies of Resolution No. 29898-122689 requesting the 1990 Session of the General Assembly of Virgiaia to enact a Charter for the Roanoke ~etropolitan Governme~t, a regional government pursuant to Article VII, §1, Constitution of Virginia. Resolution No. 29898-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. I am also enclosing copy of a Charter for the Roaaoke ~etropolitan Government with the request that such Charter be put into the form of a bill to be introduced on or before the first day of the 1990 Session of the General Assembly and to be effec- tive July 1, 1993. Sincerely, City Clerk MFP:ra Enc. pc: Mr. ~. Robert Herbert. City ~anager Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel ~. $chlanger, Director of Finance Room 456 Muni¢ipaiBuilding 215Church Avenue, S~W Roanoke, Virginia 24011 (703)981-2541 Office of tt~e City Clerk December 27, 1989 File #91 Us. Wary H. Allen Clerk, Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing two copies of Resolution No. 29898-122689 requesting the 1990 Session of the General Assembly of Virginia to enact a Charter for the Roanoke Metropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Virginia. Resolution No. 29898-122689 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, December 26, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: ~r. ~. Robert Mr. Wilburn C. Mr. Joel M. Herbert, City Manager Dibling, Jr., City Attorney Schlanger, Director of Finance Room45& Muni¢ipalBuilding 215Church Avenue, $. W. Ro.inoi~e. Virgini.I ~4011 (?03)981-25~11 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of December, 1989. No. 29898-122689. VIRGINIA, A RESOLUTION requesting the 1990 Session of the General Assembly of Virginia to enact a Charter for the Roanoke Metropolitan Govern- ment, a regional government pursuant to Article VII, §1, Constitution of Virginia. WHEREAS, the governing bodies of the City of Roanoke (the "City") and the County of Roanoke (the "County"), through their respective negotiating teams, have been engaged in the process of negotitating a Consolidation Agreement pursuant to §15.1-1132, et seq., Code of Virginia (1950), as amended, which the governing bodies intend to file with the Circuit Courts for the City and the County on or before February 28, 1990; WHEREAS, the governing bodies of the City and the County intend to consolidate into one regional unit of general government pursuant to Article VII, §1, Constitution of Virginia, with the name of such regional government being Roanoke Metropolitan Government; WHEREAS, a Charter for the proposed new unit of local government is an integral part of the Consolidation Agreement on which the govern- ing bodies intend to hold a referendum on November 6, 1990; WHEREAS, Article VII, §2, Constitution of Virginia, and Chapter 17 of Title 15.1, Code of Virginia (1950), as amended, authorize the General Assembly to grant a Charter for the Roanoke Metropolitan Government; WHEREAS, at a special meeting of the Council held on December 18, 1989, at 7:30 p.m., in the Exhibit Hall of the Civic Center, after due and proper advertisement pursuant to §15.1-835, Code of Virginia (1950), as amended, which notice contained, inter ~lia, an informative summary of the proposed new Charter, a public hearing with respect to such Charter was held before the City Council at which all citizens so desiring were afforded an opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to grant such Charter in the form and manner hereinaf[er referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon con- sideration of the proposed Charter for Roanoke Metropolitan Govern- ment, the Council is of the opinion that the 1990 Session of the General Assembly should be requested to grant such Charter to be effective July 1, 1993. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested ak its 1990 Session to grant a Charter for Roanoke Mesropolitan Government, a regional government pursuant to Article VII, §1, Constitution of Vir- ginia, the form of such Charter being attached hereto and incorporated herein by reference. 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 at the 1990 Session of said General Assembly two copies of this reso- lution, along with the attached Charter for Roanoke Metropolitan government, with the request that such Charter be put into the form of a bill to be introduced on or before the first day of the 1990 Session of the General Assembly and ~o be effective July 1, 1993. 3. copy of The City Clerk is this resolution to Supervisors. further directed to forward an attested the Clerk of the Roanoke County Board of ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTOI~ 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE 703-981-2,43 ~ TELECOPIER 70]-981-29,~0 December 26, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Proposed Charter for Roanoke Metropolitan Government Dear Mrs. Bowles and Gentlemen: You have received as a part of your agenda package a proposed Charter for the Roanoke Metropolitan Government bearing the date of today's Council meeting. On December 18, 1989, City Council held the required public hearing with respect to this Charter. The Board of Supervisors of Roanoke County held a public hearing on this Charter on December 19, 1989, and thereafter adopted a resolution requesting the General Assembly to enact it into law at the 1990 Session. I am attaching a resolution by which City Council may approve the proposed Charter and requesting the 1990 Session of the Gene- ral Assembly to enact it. I shall be pleased to answer any ques- tions Council may have in this regard. With kindest personal regards, I am Sincerely yours, City Attorney WCDJr:fcf Enclosure CC: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Mary F. Parker, City Clerk CHARTER OF THE ROANOKE METROPOLITAN GOVERNMENT TABLE OF CONTENTS Chapter 1. Incorporation ............................................... 1 § 1.01. Incorporation ..................................... 1 1 § 1.02. Ratification ...................................... § 1.03. Repeal ......................................... 2 Chapter 2. Powers .................................................... 2 § 2.01. Powers ......................................... 2 § 2.02. Taxinq powers .................................... 3 4 § 2.03. Additional powers ................................. § 2.04. Service districts and special tax districts .................. 5 § 2.05. Exercise of powers of former political subdivisions ........... 5 § 2.06. Franchises ...................................... 5 § 2.07. Transportation District ............................... 6 Chapter 3. Governing Body ............................................. § 3.01. § 3.02. § 3.03. § 3.04. § 3.05. § 3.06. § 3.07. § 3.08. § 3.09. § 3.10. § 3.11. § 3.12. § 3.13. 6 Powers ......................................... 6 Additional powers ................................. 6 Composition ..................................... 7 Qualifications ..................................... 7 Election of the board; limited powers .................... 7 Vacancy ........................................ 8 Procedural powers ..................... 8 Office of the mayor ................................ 9 Investiqations by board ............................. 9 Compensation .................................... 9 Limited purposes ................................. 10 Officers appointed by board ......................... 11 Limitations on board actions ......................... 11 Chapter 4. Metropolitan Manager ........................................ 12 § 4.01. Appointment; qualification ........................... 12 § 4.02. Powers and duties ................................ 12 Chapter 5. Depa~i~[~ent of Finance ....................................... 14 § 5.01. Composition and functions .......................... 14 § 5.02. § 5.03. § 5.04. Appointment; qualifications .......................... 14 General powers and duties .......................... 14 Certification of fundinq ............................. 16 Chapter 6. Constitutional § 6.01. § 6.02. § 6.03. § 6.04. § 6.05. Constitutional Officers Desiqnated ..................... 16 Selection ...................................... 17 Election. ....................................... 17 Elimination ..................................... 17 Commonwealth's attorney to prosecute violations ........... 18 Chapter 7. Personnel Rules and Regulations ................................ 18 § 7.01. Personnel system ................................ 18 § 7.02. System includes ........ 18 § 7.03. Personnel director ................................ 19 Chapter 8. Adminisb'ation § 8.01. § 8.02. § 8.03. Administrative departments .......................... 19 Department heads ....................... 19 Police Department ................................ 20 Chapter 9. Other Appointed Officers ...................................... 20 § 9.01. Officers appointed by board ......................... 20 § 9.02. Clerk ..................... '. ................... 20 § 9.03. Internal auditor ....................... 21 § 9.04. Real estate assessor .............................. 22 Chapter 10. Depab.ent of Law .......................................... 23 § 10.01. Composition and functions ......................... 23 § 10.02. Appointment; term; qualification ...................... 23 § 10.03. General powers and duties ......................... 23 § 10.04. Authority as to deputies and other employees ............ 24 Chapter 11. Planning and Zoning ......................................... 25 § 11.01. Planninq commission ................... 25 § 11.02. Functions of planninR commission .................... 25 § 11.03. Board of zoninq appeals ........................... 25 Chapter 12. Depn, b,~ant of § 12.01. § 12.02. § 12.03. Public Heall~ .................................... 25 Composition ................................... 25 Functions ............... 26 Director of public health ........................... 26 Chapter 13. Depa~ b~,ent of § 13.01. § 13.02. § 13.03. § 13.04. Social Services .................................. 26 Composition ................................... 26 Functions ..................................... 26 Director of social services .......................... 27 Social services board ............................. 27 Chapter 14. Depa~ b~ent of § 14.01. § 14.02. § 14.03. § 14.04. Education ...................................... 27 Composition ................................... 27 School Board .................................. 27 Superintendent ................................. 28 Manaqement of schools ........................... 28 Chapter 15. Financial Administration ........................... * ............ 28 § 15.01. Treasurer ..................................... 28 § 15.02. Commissioner of revenue .......................... 28 § 15.03. Annual assessment of real estate ..................... 29 § 15.04. Annual audit ......................... 29 Chapter 16. Budget § 16.01. § 16.02. § 16.03. § 16.04. § 16.05. § 16.06. § 16.07. § 16.08. § 16.09. 30 Fiscal year .................................... 30 Submission of operatincl budqet ...................... 30 Operatinq budqet messaqe ......................... 30 Operatin.q budqet preparation .................. 31 Board action on the operatinq budqet ................. 32 Amendments after adoption of operatinq budqet .......... 33 Lapse of aooropriations ........................... 33 Capital improvement proqram ....................... 33 Board action on capital improvement proqram ............ 34 Chapter 17. Borrowing . . . § 17.01. ~ower '' iii § 17.02. § 17.03. § 17.04. § 17.05. § 17.06. Purposes for which bonds or notes may be issued ........ 35 Limitations on indebtedness ......................... 35 Form of bonds and notes .......................... 35 Authority for issuance of bonds ...................... 35 Payment of bonds and notes ........................ 37 Chapter 18. Intergovemmentai Relationships ................................. 37 § 18.01. Towns ....................................... 37 Chapter 19. Power of Eminent Domain ..................................... 38 § 19.01. Powers ....................................... 38 § 19.02. Procedure ..................................... 38 Chapter 20. Ordinances ............................................... 38 § 20.01. Ordinances of the reqional ,qovernment ................. 38 Chapter 21. Miscellaneous ............................................. 40 § 21.01. Court of record ................................. 40 § 21.02. § 21.03. § 21.04. § 21.05. § 21.06. § 21.07. Notaries ...................................... 41 Amendments to charter ............................ 41 Immunity from liability ............................. 41 Severability .................................... 42 Assets and liabilities .............................. 42 Incorporation of new cities or towns; annexation immunity .... 42 iv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 An Act to effectuate the consolidation of the County of Roanoke and the City of Roanoke into Roanoke Metropolitan Government, a unit of general government organized as provided herein and deemed a regional government; and to this end to validate, ratify, and confirm the consolidation between County of Roanoke and the City of Roanoke; to provide a charter for the new Roanoke Metropolitan Government and to repeal Chapter 616 of the Acts of Assembly of 1986 and all amendments thereto which provided a charter for the County of Roanoke and to repeal Chapter 216 of the Acts of Assembly of 1952 and all amendments thereto which incorporated the City of Roanoke. Be it enacted by the General Assembly of Virginia: CHARTER OF THE ROANOKE METROPOUTAN GOVERNMENT Chapter 1. Incorporation § 1.01. Incorporation. The inhabitants of the territory comprised within the limits of the County of Roanoke and the City of Roanoke are hereby granted a charter with powers, duties, privileges and immunities as set forth herein. From and after the adoption of this charter, the County of Roanoke and the City of Roanoke shall become a regional government and shall be identified as Roanoke Metropolitan Government, hereinafter called the regional government, a body corporate and politic. § 1.02. Ratification. The consolidation of the County of Roanoke and the City of Roanoke into the Roanoke Metropolitan Government, a regional government which is a unit of general government as provided in the consolidation agreement to which reference is hereby made and which is made a part hereof, is hereby ratified, validated, and confirmed in all respects and such consolidation shall be effective on and after 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 July 1, 1993, the effective date of this charter. § 1.03. Repeal. Chapter 616 of the Acts of the Assembly of 1986 and all amendments thereto which provided a charter to the County of Roanoke and Chapter 216 of the Acts of Assembly of 1952 and all amendments thereto which incorporated the City of Roanoke are repealed as of midnight June 30, 1993. Chapter 2. Powers. § 2.01. Powers. Except as expressly restricted by this charter, the regional government shall have and may exercise all powers which are now or may hereafter be conferred upon or delegated to counties and cities under the Constitution or by the laws of the Commonwealth and all such other powers pertinent to the conduct of a county or city government which, in the opinion of the governing body, are necessary or expedient to promote or maintain the general welfare, safety, health, peace, good will, convenience, trade, commerce, and industry of the regional government or its inhabitants.. No enumeration of particular powers in this charter shall be held to be exclusive but shall be held in addition to this general grant of powers. There is hereby specifically conferred upon Roanoke Metropolitan Government without further act all of the powers and authorities contained in §§ 15.1-837 through 15.1-907 of the Code of Virqinia, as now and hereafter to be amended not inconsistent with this charter. All such powers and authorities shall be exercised insofar as is consistent with the provisions of this charter. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 § 2.02. Taxinq powers. In addition to the powers granted by other sections of this charter and general law, the regional government shall have the power to raise annually by taxes and assessments, as permitted and limited by general law, in the regional government such sums of money as the governing body shall deem necessary to pay the debts and defray the expenses of the regional government in such manner as the governing body shall deem expedient. In addition to, but not as a limitation upon this general grant of power, the regional government shall have power: (1) to levy and collect ad valorem taxes on real estate and tangible personal property and machinery and tools; (2) to levy and collect taxes for admission to or other charge for any public amusement, entertainment, performance, exhibition, sport or athletic event within the regional government, which taxes may be added to and collected with the price of such admission or other charge; (3) to lew and collect taxes on hotel and motel rooms; (4) to levy and collect taxes on the sale of tobacco products; (5) to levy and collect taxes on the sale of meals and beverages; (6) to levy and collect privilege taxes, local general retail sales and use taxes as provided by law; (7) unless prohibited by law, to require licenses; prohibit the conduct of any business, public service corporation, profession, vocation or calling without such license; require taxes to be paid on such licenses in respect of all 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 business, professions, vocations and callings not exempted by prohibition of general law; (8) to require licenses of all owners of vehicles of all kinds for the privilege of using the streets, and other public places in the regional government, require taxes to be paid on such licenses and prohibit the use of streets, alleys, and other public places in the regional government without such license; and (9) to impose, levy, and collect, in such manner as its governing body may deem expedient, a consumer or subscriber tax upon the amount paid for the use of gas, electricity, telephone, water, cable television, and any other public utility service within the regional government, or upon the amount paid for any one or more of such public utility services, and may provide that such tax shall be added to and collected with bills rendered consumers and subscribers for such services. Any exemption or exception from a limitation or restriction upon the rate or amount of any tax authorized for the City of Roanoke shall apply in like manner to the Roanoke Metropolitan Government. § 2.03. Additional powers. In addition to the powers granted by other sections of this charter, the regional government, upon a showing of public necessity, may acquire property within or without its boundaries for any of its facilities or functions, in fee simple, or lesser interest or estate, by purchase, gift, devise, bequest, lease, lease/purchase, or eminent domain, and may sell, lease, mortgage, pledge, hold, 4 1 manage, and control such property as the regional government's interest may require. 2 No judicial process need precede the exercise of these powers except for acquisition 3 of property by eminent domain. 4 § 2.04. Service disblcts and special tax disb';~. The regional government may 5 create special service districts or areas within the regional government if those areas 6 desire additional or more complete governmental services than are desired in the 7 regional government as a whole. The governing body shall have the power to levy a 8 higher real property tax in such areas, and the proceeds therefrom shall be so 9 segregated as to enable the same to be expended in the areas in which raised. Such 10 higher real property tax rate shall not be levied for education, police, or general 11 governmental services. 12. The regional government may levy a tax on real property in any special tax 13 district for a period not exceeding thirty (30) years which may be different from and 14 in addition to the general tax rate throughout the Roanoke Metropolitan Government for 15 the purpose of repaying indebtedness existing on the effective date of this charter and 16 chargeable to this special tax district. 17 § 2.05. Exercise of powers of former political subdivision,~. To the extent that 18 it is not inconsistent with this charter, any special act applicable to the County of 19 Roanoke and the City of Roanoke prior to the effective date of this charter shall be 20 applicable to the Roanoke Metropolitan Government as successor to the County of 21 Roanoke and the City of Roanoke. 22 § 2.06. Franchises. The regional government may grant franchises to public 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 utilities and charge fees therefor, subject to the provisions of the Constitution of Virginia. § 2.07. Transportation District. Roanoke Metropolitan Government is authorized to create a transportation district with the powers, functions and duties as provided in Chapter 32 of Title 15.1 and by general law; and is authorized to lew a tax therefor pursuant to the provisions of Article 4, Chapter 17 of Title 58.1 of the State Code. Chapter 3. Governing Body § 3.01. Powers. The powers of the regional government as a body politic and corporate shall be vested in its governing body, which shall be known as the board of commissioners. § 3.02- Additional powers. The board shall be the policy-determining body of the regional government and shall be vested with all rights and powers conferred on governing bodies of cities and counties by general law not inconsistent with this charter. The board shall provide for the performance of all governmental functions of the regional government and to that end shall provide for and establish all departments of government that it deems necessary, not inconsistent with the provisions of this charter. The board shall have the power to raise annually by excise and ad valorem taxes and assessments on property, persons and other subjects of taxation, which are not prohibited by law, such sums of money as in the judgment of the board are necessary 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 to pay the debts, defray the expenses, accomplish the purposes and perform the functions of the regional government. § 3.03. Composition. The board shall consist of eleven (11) members. Two members shall be elected by and from the regional government at large, a mayor and vice mayor. Of the remaining nine (9) members, one (1) member shall be elected from each election district of the regional government. The board may redistrict or change the number or manner of electing members of its board in accordance with general law without the necessity of amending this charter. § 3.04. Qualifications. Members of the board shall be qualified voters of that election district, reside therein, and be selected by the qualified voters thereof. The mayor and vice mayor shall be elected from the regional government at large, shall be qualified voters of that regional government, reside therein, and shall be elected by the qualified voters thereof. § 3.05. Election of the board; limited powers. The board of the Roanoke Metropolitan Government shall be elected at a special election as ordered by the circuit court (pursuant to § 15.1-1141 and § 24.1-88 of the Code of Virqinia, 1950, as amended), which the parties intend shall be on November 5, 1991, and shall take office for certain limited purposes specified in § 3.11 of this chapter upon their qualification, but not earlier than January 1, 1992, and for all purposes as of the effective date of consolidation for the terms herein specified. The terms of the vice mayor of the board and four (4) members from election even-numbered districts shall commence July 1, 1993, and expire June 30, 1995. The 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 terms of the mayor and the other five (5) members from election odd-numbered districts shall commence July 1, 1993, and expire June 30, 1997. Thereafter, the members of the board shall be elected biennially in May of odd-numbered years for four (4) year terms commencing on the first day of July. § 3.06. Vacancy. In the event a vacancy occurs on the board, it shall be filled by the remaining members of the board within thirb/ (30) days of such vacancy, and if as much as two (2) years of any unexpired term of a member of the board or the mayor or the vice mayor remains at the time of the next regular board election, a board member shall be elected at said election for the remaining portion of such unexpired term. The person appointed to fill the vacancy shall be a qualified voter of the election district in which the vacancy occurred and shall hold office until the qualified voters shall fill the same by election, and the person so elected shall have qualified, if a majority of the remaining members cannot agree or do not act, then the judges of the circuit court of the Roanoke Metropolitan Government shall make the appointment in accordance with the Code of Virqinia. § 3.07. Procedural powers. The board shall have the power, subject to the provisions of this charter, to adopt its own rules of procedure. Such rules shall provide for the time and place of holding regular meetings of the board, which shall not be less frequent than once a month. The rules of the board shall provide for the calling of special meetings by the mayor, two or more members of the board or the chief executive officer and shall prescribe the methods of giving notice thereof. A majority of the board shall constitute a quorum for the transaction of business. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 § 3.08. __Office of the m~. The mayor shall have the power to administer an oath to any person concerning any matter submitted to the board or connected with its powers or duties. The mayor shall preside over the meetings of the board and shall represent the Roanoke Metropolitan Government at official functions and ceremonial events; except as hereinabove stated, the mayor shall have the same rights, privileges and duties as other members of the board. The mayor shall be recognized by the courts for the purpose of serving civil process and by the Governor for military or other emergency purposes. The mayor shall perform all other functions or requirements arising from federal or state law. The vice mayor shall preside in the absence of the mayor; except as hereinabove stated, the vice mayor shall have the same rights, privileges and duties as other members of the board. § 3.09. Investi.clations by board. The board shall have the right to make such investigations relating to the financial affairs and internal operations of the regional government as they may deem necessary. The provisions of § 15.1-801 of the Code of Virqinia shall apply, mutatis mutandis. § 3.10. Compensation. The board shall establish the salary, not to exceed Thirteen Thousand Dollars ($13,000) per annum, the limits established by § 14.1-47.2 of the State Code, and allowances of its members provided that no increase in such salary shall be effective until: 1. A public hearing shall be held on the salaries to be established; and 2. The adoption of an ordinance establishing the salary of its members for 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the ensuing fiscal year not to exceed the limits established by general law. This maximum annual salary may be adjusted by ordinance in any year or years by an inflation factor not to exceed five (5%) percent. 3. The establishment of said salary shall occur not earlier than May 1 nor later than June 30 of each year. In addition the board may fix annually by ordinance an additional sum to be paid to the mayor and vice mayor in an amount not to exceed Eighteen Hundred ($1,800) Dollars and Twelve Hundred ($1,200) Dollars, respectively, without regard to the maximum salary limits. § 3.11. limited purposes. The members of the board shall serve for an initial term commencing upon their qualification, but not earlier than January 1, 1992, for certain limited purposes until the effective date of consolidation, July 1, 1993. These limited purposes are as follows: (1) Appointment of the chief executive officer of Roanoke Metropolitan Government and such other officers, boards and commissions of Roanoke Metropolitan Government as are to be appointed by such board pursuant to its charter; (2) Preparation and approval of a budget for the Fiscal Year beginning July 1, 1993, and ending June 30, 1994; (3)Adoption of ordinances to be effective upon the date of consolidation; (4) Negotiation, preparation and approval of contracts, leases, franchises or other documents required by this charter or otherwise deemed advisable; 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (5) Review of the consolidation plan recommended by the Consolidation Transition Team; (6) Preparation and approval of a budget for these limited purposes, to be funded by the County of Roanoke and the City of Roanoke; and authorization to expend such funds as may be appropriated to it; and (7) Completion of the orderly transition into a new regional unit of local government. § 3.12. Officers appointed by board. The board shall appoint a chief executive officer, a clerk, a director of finance, an attorney, an internal auditor, and a real estate assessor. The board shall establish the powers, duties, and responsibilities of these officers. The board shall fix the compensation for these officers. The chief executive officer shall serve at the pleasure of the board; each other officer appointed pursuant to this section may serve for terms established by the board. These officers need not be residents of the regional government at the time of their appointment but must become an actual resident and in due course a bona fide resident of the regional government. In the case of the vacancy or long-term disability of any of these officers, the board may designate some responsible person without regard to residence on an interim basis to perform the duties of the office and fix the compensation, if any, for the person so designated. The board shall also appoint the members of such boards and commissions as are hereafter provided for. § 3.13. I im?~a~ions on board actions. Neither the board nor any of its members shall direct the appointment or removal of any person from any office or employment 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 by the manager or by that officer's subordinates, nor interfere with the manager in the exercise of his judgment. Except for the purpose of inquiry, the members of the board shall deal with the administrative service solely through the manager, and no member of the board shall give orders to nor direct any of the subordinates of the manager. No member of the board of commissioners shall, during the term for which elected and for one year following the expiration of such term, be appointed manager. Chapter 4. Meb'opolitan Manager § 4.01. Appointment; qualification. The board shall appoint a manager who shall be the chief executive officer' and chief administrative officer of the regional government. The manager shall be chosen solely on the basis of executive and administrative qualifications and without regard to political beliefs and shall serve at the pleasure of the board, and removal of the manager shall require a vote of the majority of all of the members of the board. The board shall fix the compensation of the manager. The manager shall devote his full time to the work and service of the regional government under the direction of the board of commissioners to whom he shall be accountable. § 4.02. the duties: 1. Powers and duties. The manager shall have the following powers and To designate an officer or employee of the regional government to 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 exercise the powers and perform the duties of the metropolitan manager during the manager's temporary absence or disability; the board may revoke such designation at any time and appoint another officer of the regional government to serve until the manager returns; 2. To appoint and remove department heads, deputies and assistant managers within funds appropriated by the board for each department of the regional government, except for the superintendent or department heads for the departments of education, public health, and the officers appointed by the board as provided in § 12 of this charter, with each department head to serve at the pleasure of the manager; 3. To appoint and, when necessary for the good of service, suspend or remove all officials and employees appointed by the manager except as otherwise provided for by law, this charter or personnel rules adopted pursuant to this charter; 4. To direct and supervise the administration of all departments, offices, and agencies of the regional government, except as otherwise provided by this charter or by general law; 5. To attend all meetings of the board of commissioners with the right to take part in the discussion but shall not vote; 7. To see that all laws, provisions of this charter, and ordinances of the board of commissioners, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; 8. To prepare and submit the annual budget and capital program to the board of commissioners; 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 9. To submit to the board of commissioners and make available to the public a yearly complete report of the administrative activities of the regional government at the end of each fiscal year; 10. To make such other reports as the board of commissioners may require concerning the operations of the regional government's departments, offices, and agencies subject to the manager's direction and supervision; 11. To make recommendations to the board of commissioners concerning the operations of the regional government; and 12. To perform such other duties and to exercise such other powers as may be imposed or conferred by the board of commissioners. Chapter 5. Depab.ent of Finance § 5.01. Composition and functions. The department of finance shall consist of the director of finance, who shall be the head of the department of finance, and such deputy and such other employees as may be authorized by the board and appointed by the director of finance. § 5.132. Appoin'm~ent; qualifications. finance who shall be a person skilled The board shall appoint the director of in governmental financial management, accounting and financial controls and shall have charge of the financial affairs of the regional government. The compensation of the director of finance shall be fixed by the board. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 § 5.03. General powers and duties. The director of finance shall: 1. Have charge and shall maintain control of the keeping of all accounts and financial records of the regional government, in accordance with generally-accepted accounting principles. 2. Be charged with and shall exercise a general fiscal supervision over all the officers, departments, offices, agencies, and employees of the regional government charged in any manner with the assessment, receipt, collection, or disbursement of metropolitan revenues, and with the collection and return of such revenues into the metropolitan treasury; and he shall prescribe such systems and regulations as is necessary for the proper reporting and accounting for all metropolitan revenue and receipts. 3. Examine and audit all accounts, claims and demands for or against the regional government, and, unless otherwise provided by law or by this chapter, no money shall be drawn from the treasury or be paid by the regional government to any person unless the balance due and payable be certified by the said director of finance. 4. Draw the proper financial instrument on the treasury for such money as is determined by him to be due and payable to any person, stating the particular fund or appropriation to which the same is chargeable and the person to whom payable and no money shall be drawn from the treasury except by proper financial instrument of the director of finance, countersigned by the metropolitan manager; the director of finance shall not issue payment of any money in excess of the appropriation on account of which such money is drawn. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 5. Be authorized to require all officers in receipt of regional government funds to submit reports with required support documents on a daily, weekly or monthly basis, or at such times as may be otherwise provided by ordinance; and if any such officer shall neglect to make adjustment of his accounts when required and to pay over such moneys as required, to issue notice in writing, directed to such officer, and take other appropriate actions to ensure all regional government moneys are properly accounted for. 6. Prepare an annual report, at the end of each fiscal year, giving full and detailed statement of all receipts and expenditures during the year. 7. Perform such other duties and exercise such other powers as may be imposed or conferred by the board of commissioners. § 5.04. Cerlffication of fundinq. No cohtract, agreement or other obligation involving the expenditure of money shall be entered into nor shall any ordinance of the board or order of any officer of the regional government authorizing the government's obligation for expenditure of money be effective until and unless the director of finance or his designee has certified that such monies required for such contract, agreement, obligation, or expenditure is available for such purpose. Chapter 6. Con~l/tutionai Officers § 6.01. Conot;l. ufional Officers Desiqnated. On the effective date of this charter, the commonwealth's attorney, clerk of circuit court, sheriff, treasurer, and commissioner 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of the revenue of the City of Roanoke and the County of Roanoke shall continue in office pursuant to § 5.03 at not less than their salaries in effect at the effective date of such consolidation. § 6.02. Selection. Selection of such constitutional officers for the Roanoke Metropolitan Government shall be made by agreement between those persons holding the respective constitutional offices in the County of Roanoke and the City of Roanoke, and the other person shall become the assistant or chief deputy. The agreement certifying the selection of each constitutional officer shall be filed with the circuit court and approved by the court at least six (6) months prior to the effective date of consolidation. In the event that no agreement is reached or no certification is filed within the specified time limit, the circuit court shall designate one officer as principal and the other as'assistant or chief deputy. In the event of a vacancy in the office of assistant or chief deputy created during such term, the position shall be abolished. Each officer, whether principal, chief deputy or assistant, shall continue in office until December 31, 1995, whether or not the term to which that officer was elected may have expired prior to that date. § 6.03. Election. Constitutional officers"' for the Roanoke Metropolitan Government shall be elected on November 7, 1995, to take office January 1, 1996, except for the clerk of the circuit court, who shall be elected November 2, 1999, to take office January 1, 2000. § 6.04. Elimination. The constitutional offices of sheriff, treasurer, commissioner of revenue and commonwealth's attorney for the City of Roanoke shall be eliminated 17 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 upon the conclusion of their terms of office on December 31, 1993; provided, however, the incumbent constitutional officers of the city may continue to serve as constitutional officer, assistant or chief deputy until December 31, 1995, pursuant to § 5.03. The constitutional office of the clerk of the circuit court of the City of Roanoke shall be eliminated upon the conclusion of its term of office on December 31, 1995. There shall be no merger nor abolishment of any of the constitutional offices in existence at the effective date of the charter, except upon an affirmative vote of the qualified voters of the regional government at a referendum upon such question as provided by general law. § 6.05. Commonwealth's attorney to prosecute violation,~. The Commonwealth's attorney shall prosecute the violations of all ordinances of Roanoke Metropolitan Government, both in the general district court and upon appeal, and shall notify the metropolitan attorney in all such prosecutions in which the validity of an ordinance of the regional government is attacked. Chapter 7. Personnel Rules and Regulations § 7.01. Personnel system. A personnel system shall be established by the board of commissioners for administrative officials and employees. Such a system shall provide that appointment and promotion shall be based on merit and fitness alone without regard for race, national origin, religion, handicap, sex or political affiliation. § 7.02. System includes. The personnel system shall include a classification 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 plan for service, a staff development plan, a uniform pay plan and a procedure for resolving grievances for employees of the board. Employees of constitutional officers and other agencies may participate in the personnel system at the discretion of the board and upon the concurrence of the constitutional officer. § 7.03. Personnel director. There shall be a personnel director appointed by the manager as provided in § 7.02 who shall administer the personnel system of the regional government under the general direction of the manager. The department of personnel shall be responsible to the manager for the formulation and administration of the personnel policies of the regional government. Chapter 8. AdministralJon § 8.01. Administrative depa~b~ents. The board of commissioners may establish and create departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies, except that no function assigned by this charter to a particular department, office, or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. The board may combine or abolish existing departments and distribute the functions thereof or establish temporary departments for special work to the extent not inconsistent with this charter. § 8.02. Depa~1~ent heads. There shall be a department head who shall administer each department. Each department head of each department shall be 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 appointed by the manager and shall be subject to the general supervision of the manager. § 8.03. Police Depa~bnent. The police department shall be composed of a chief of police and of such officers, patrolmen and other employees as the board may determine. The chief of police shall have the immediate direction and control of said department, subject to the supervision of the manager and to such rules, regulations, and orders as the manager may prescribe. The off~cers constituting this department shall be, and hereby are, invested with all of the power and authority which pertains to the office of constable at common law in taking cognizance of and enforcing the criminal laws of the Commonwealth and the ordinances and regulations of the regional government. Each member of this department shall, before entering upon the duties of his office, take and subscribe an oath before the clerk of the regional government that he will faithfully pedorm the duties of this office. Chapter 9. Ot~er Appointed Officers § 9.01. Officers appointed by board. Pursuant to the provisions of § 3.12 of this charter, the board shall appoint a clerk, an internal auditor, and a real estate assessor. The powers, duties, and responsibilities of these officers shall be as provided for herein, and such other powers and duties as shall be required by ordinance adopted by the board. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 § 9.02. Clerk. The clerk shall have the following powers and duties: 1. To function as clerk to the board of commissioners; 2. To keep a record of the proceedings of the board and to keep all books and papers as required by this charter or as directed by the board; 3. To attend all meetings of the board; 4. To keep the seal of the regional government and to affix and attest the same as so directed by the board; 5. To transmit copies of all resolutions or ordinances to the parties affected thereby and to inform parties of the board's final actions on communications, requests or petitions; 6. To publish or cause to be published reports, ordinance or documents as required by this charter or As directed by the board; and 7. To perform such other duties as shall be required by ordinance adopted by the board. In the performance of the foregoing duties the clerk may appoint a deputy and such assistants and other employees as may be authorized by the board. § 9.03. Internal auditor. The internal auditor shall be appointed by the board. The internal auditor shall have such qualifications as the board shall from time to time establish and shall appoint such assistant auditors and other employees as may be authorized by the board. follows: A. The powers and duties of the internal auditor shall be as To examine and audit all accounts, books, and records of the regional 21 1 government involving its financial transactions; 2 B. To work closely with the director of finance to promulgate systems and 3 procedures in accounting for revenues and expenditures; 4 C. To report immediately in writing to the manager and to the board of 5 commissioners any unauthorized, illegal, or irregular act or practice he 6 discovers affecting or involving public funds or the financial affairs of the 7 regional government; and 8 D. To perform such other duties as shall be required by ordinance adopted 9 by the board. 10 In the performance of the foregoing duties the internal auditor shall have access at any 11 and all times to all books, records, and accounts of each department, office, agency, 12 officer, or employee of the regional government subject to examination or audit by him. 13 § 9.04. Real estate assessor. The board shall appoint an assessor to assess 14 or reassess for taxation the real estate within the regional government and shall 15 prescribe the duties of such assessor. The assessor shall appoint such assistant 16 assessors and other employees ss may be authorized by the board. Such assessor 17 shall make assessments and reassessments on the same basis as real estate is 18 required to be assessed under the provisions of general law. He shall have the same 19 authority as the assessors appointed under the provisions of general law, and shall be 20 charged with duties imposed upon such assessors, except that such assessments or 21 reassessment may be made annually, if required by ordinance adopted by board, and 22 the assessments and reassessments so made shall have the same effect as if they had 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 been made by assessors appointed under the provisions of general law. The assessor or an assistant assessor may be required to attend meetings of the board of equalization. Chapter 10. Department of Law 7 § 10.01. Composition and function,~. The department of law shall consist of the metropolitan attorney, who shall be the head of the Department of Law, and such deputy and assistant metropolitan attorneys and such other employees as may be authorized by the board and appointed by the metropolitan attorney. § 10.02. Appointment; term; q-a!~ficafion. The board shall appoint the metropolitan attorney, who shall be an attorney at law licensed to practice law in the Commonwealth of Virginia. The compensation of the metropolitan attorney shall be fixed by the board. § 10.03. General powers and dufie-~. The metropolitan attorney shall: (1) Be the chief legal advisor of and attorney and counsel for the board, the metropolitan manager and all departments, boards, commissions, and agencies of the regional government in all matters affecting the interests of the regional government; (2) Upon request of the board, the metropolitan manager or any officer, board, or commission, furnish his opinion on any question of law involving their respective official powers and duties; 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (3) Prepare or review all ordinances and resolutions presented to the board, and, at the request of the board or any member thereof, examine ordinances after introduction and offer an opinion as to the form and legality thereof; (4) Draw or approve as to form deeds, leases, contracts, franchises, or other instruments to which the regional government is a party or in which it has an interest; (5) Institute and prosecute all legal proceedings that he shall deem necessary to protect the interests of the regional government and defend all suits, actions, and legal proceedings against the regional government; (6) Control and direct legal services performed by special counsel for the regional government who may be employed from time-to-time to'assist the metropolitan attorney in the provision of legal services to the government; (7) Have the management and control of all law business of the regional government and the departments thereof or in which the regional government has an interest; and (8) Perform such other duties as may be required of him by ordinance. § 10.04. Authority as to deputies and other employee_-'-. The metropolitan attorney may appoint and remove deputy and assistant metropolitan attorneys and other employees. He may authorize deputy and assistant metropolitan attorneys or special counsel to perform any of the duties imposed upon the metropolitan attorney by this charter. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 Chapter 11. Planning and Zoning § 11.01. PlanninQ commission. There shall be a regional government planning commission which shall consist of not less than seven (7) nor more than eleven (11) members and shall be appointed and organized as provided by general law. All members of the commission shall be qualified voters of the regional government and shall be appointed by the board for terms of four (4) years. § 11.02. Functions of plannin.q commission. The planning commission shall be responsible for making recommendations to the board of commissioners on all phases of regional government planning, including a comprehensive plan, zoning, and subdivision control. It shall have the powers and duties provided by general law and such other powers and duties as may be assigned by the board of commissioners. § 11.03. Board of zoninq appe~!~ There shall be a board of zoning appeals appointed by the board of commissioners. The boa~'d of zoning appeals shall consist of five members each to be appointed for a term of four (4) years. Members shall have the qualifications and exercise the powers and perform the duties as provided by general law. Initially two (2) members shall be appointed for four (4) year terms, two (2) members for three (3) year terms, and one (1) member for a two (2) year term. Chapter 12. Deparb-nent of Public Health § 12.01. ~. The department of public health shall consist of the 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 director of public health and such other officers and employees organized into such units as may be provided by the orders of the director consistent therewith. § 12_02. Functions. The department of public health shall be responsible for the exercise of all health functions imposed on counties and cities by general law and such other powers and duties as may be assigned by the board of commissioners, § 12_03. Director of public health. The head of the department of public health shall be the director of public health, who shall be a physician licensed to practice medicine in the Commonwealth. The director shall have general management and control of the several units of the department and shall have all the powers and duties with respect to the preservation of the public health which are conferred or imposed on health officers by the laws of the Commonwealth. Chapter 13. Depa~'b~ent of Social Services § 13.01. Composition. The department of s(Scial services shall consist of the director of social services, a social services board, and such officers and employees organized in such units as may be provided by the order of the director consistent therewith. § 13.02- Functions. The department of social services shall be responsible for the duties imposed by the laws of the Commonwealth of Virginia relating to public assistance and relief of the poor and such other powers and duties as may be assigned by the board of commissioners or the social services board. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 § 13.03. Director of social service~. The head of the department shall be the director of social services, who shall be appointed by the manager and who shall be the local board of social services. The director shall have general management and control of the divisions of the department, subject to the supervision of the manager and to such rules, regulations and orders as the manager may prescribe. Chapter 14. Depart~nent of Education § 14.01. Composition. The department of education shall consist of a school board for the regional government, superintendent of schools, and the officers and employees thereof. The school board and the superintendent of schools shall exercise all the powers conferred and perform all the duties imposed upon them by general law in a manner consistent with this charter. § 14.02. School Board. The school board for the regional government shall be composed of nine (9) members, one from each' election district of the regional government, who shall be appointed by the board of commissioners of the regional government for four (4) year terms. The school board shall elect annually its own chairman and vice-chairman. Five (5) members of the school board shall initially serve four (4) year terms from July 1, 1993. Four (4) members of the school board shall initially serve two (2) year terms from July 1, 1993. The four (4) members to serve two (2) year terms from July 1, 1993, shall represent the same election districts as the initial two-year term members of the regional government. Thereafter, members of the 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 school board shall be appointed biennially for four-year terms in July of odd-numbered years. Any vacancy on the school board shall be filled by the governing body of the regional government for the unexpired portion of the applicable term. § 14.03. Supedntenderff. The superintendent shall have all the powers and duties as may be fixed for superintendents by the State Board of Education and by general law. § 14.04. Mana,qement of school,~. The administration of the public school system shall remain the responsibility of the school board in accordance with the Constitution and general laws of the Commonwealth of Virginia. Chapter 15. Financial Administration § 15.01. Treasurer. The treasurer shall perform such duties as required by the laws of the Commonwealth in relation to the collection and receipt of all regional government taxes and other revenues or monies ac(~ruing to the regional government, except such as the board may by ordinance make it the duty of some other person to collect and shall have such other powers and duties as shall be required by ordinance adopted by the board. § 15.02. Commissioner of revenue. The commissioner of revenue shall perform such duties as required with the laws of the Commonwealth in relation to the assessment of property and licenses and such other duties as shall be required by ordinance adopted by the board. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 § 15.03. Annual assessment of real eo~i.e.A. The board may, in lieu of the methods prescribed by general law, provide by ordinance for the annual assessment and reassessment and equalization of assessments of real estate for local taxation. B. The circuit court shall appoint a board of equalization of real estate assessments to be composed of not less than three (3) nor more than five (5) members who shall be freeholders of the regional government. The terms of such members shall commence on the date of their appointment as provided by court order. The court may extend the terms of the members of the board and shall fill any vacancy therein for the unexpired term. Such board of equalization shall have and may exercise the powers to revise, correct, and amend any assessment of real estate and to that end shall have all powers conferred upon boards of equalization by general law. The provisions of general law, notwithstanding, however, the boa~'d of equalization may adopt any regulations providing for the oral presentation, with formal petitions or other pleadings or request for review, and looking to the further facilitation and simplification of proceedings before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation Commission. § 15.04. Annual audit. The board shall cause to be made an independent audit of the regional government's finances at the end of each fiscal year by the auditor of public accounts of the Commonwealth or by a firm of independent certified public accountants to be selected by the board. One copy of the report of such audit shall be always available for public inspection in the office of the clerk during regular business hours. 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chapter 16. Budget § 16.01. FiscaJ year. The fiscal year of the regional government shall begin on the first day of July and shall end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. § 16.02. Submission of operaflnq budqet The manager shall submit to the board an operating budget and a budget message on or before last day of April of each fiscal year. § 16.133. Operatinq budqet messaq- budget in fiscal terms. It shall contain The manager's message shall explain the the recommendations of the manager concerning the fiscal policy of the regional government for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, and include such other materials 'as the manager deems desirable. § 16.04. Operafinq budqet preparation. The budget shall provide a financial plan for the ensuing fiscal year and shall be in such form as the manager deems advisable or the board may require. In organizing the budget, the manager shall utilize the most feasible combination of expenditures classification by fund, organization unit, program, purpose or activity and object. It shall be prepared in accordance with generally accepted principles of governmental accounting and budgeting procedures and techniques. It shall be the duty of the head of each department, the judges of the 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 courts of record and courts not of record, each constitutional officer, each board or commission, including the school board, and each other office or agency supported in whole or in part by the regional government, to file at such time as the manager may prescribe estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. The manager shall hold such hearings as deemed advisable and shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as deemed proper, subject to the laws of the Commonwealth relating to the obligatory expenditures for any purpose, except that in the case of the school board may recommend a revision only in its major classifications established by law. In no event shall the expenditures recommended by the manager in the budget exceed the revenues estimated, unless the manager shall recommend an increase in the rate of ad valorem taxes on real estate and tangible personal property or other new or increased fees, charges, or taxes or licenses within the power of the regional government to levy and collect in the ensuing year, the revenue from which, estimated on the average experience with the same or similar taxes during the three tax years last past will make up the difference. If estimated expenditures exceed estimated revenues, the manager may recommend revisions in the tax and license ordinances of the regional government in order to bring the budget into balance. The manager shall introduce and recommend to the board an appropriation ordinance which shall be based on the approved budget before the end of the fiscal year. The manager shall also introduce at the same time any ordinances levying a new 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 tax or altering the rate on any existing tax necessary to balance the budget as provided in this section. § 16.05. Board action on the operafin(3 budoet. A. Notice and hearing. The board shall publish in one or more newspapers of general circulation in the regional government the general summary of the proposed budget and a notice stating: 1. The times and places where copies of the message and budget are available for inspection by the public; and 2. The time and place, not less than fourteen (14) days after such publication, for a public hearing on the budget. B. Amendment before adoption. After the public hearing, the board may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts, except expenditures required by law or for debt service, and except further that in the case of the school board, the board may only revise the major classifications. In no case shall the board increase the authorized expenditures to an amount greater than the total of estimated revenues. C. Adoption. The board shall adopt the budget by the vote of at least a majority of all members of the board not later than May 15 of the current fiscal year. In no event shall the board adopt a budget in which the estimated total of expenditures exceeds revenues, unless at the same time it adopts measures to provide additional revenues estimated to be sufficient to make up the difference. The board shall adopt an ordinance appropriating the amounts specified in the adopted budget from the funds indicated and an ordinance levying the taxes therein proposed on or before the 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 end of the fiscal year. § 16.08...Amendments after adoption of operatinq budq_m A. Supplemental appropriations. If during the fiscal year the director of finance certifies that there are funds available in excess of those estimated in the budget, the board by ordinance may make supplemental appropriations for the year up to the amount of such excess. B. Reduction of appropriations. If at any time during the fiscal year it appears probable to the director of finance that the revenues available will be insufficient to meet the amount appropriated, the director shall report such opinion to the board without delay, indicating the estimated amount of shortfall. The manager shall thereafter report to the board as to any remedial action or other steps recommended to be taken. The board shall then take such further action as it deems necessary to prevent or minimize any shortfall and it may by ordinance reduce one or more appropriations. § 16.07. Lapse of appropriations. Every appr. opriation, except an appropriation for a project in the capital improvement program, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a project in the capital improvement program shall continue in force until the purpose for which it was made has been accomplished or abandoned. § 16.08..Capital improvement proqram. A. Submission to board. The manager shall prepare and submit to the board a five-year capital improvement program as required by the board. B. Contents. The capital improvement program shall include: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 1. A general summary of its contents; 2. A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; 3. Cost estimates, methods of financing, and recommended time schedules for each such improvement; and 4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information shall be revised and extended each year with regard to capital projects still pending. § 16.09. Board action on capital improvement proqram. A. Notice and hearing. The board shall publish in one or more newspapers of general circulation in the regional government the general summary of the capital improvement program and a notice stating: 1. The times and places where copies of the capital improvement program are available for inspection by the public; and 2. The time and place, not less than fourteen (14) days after such publication, for a public hearing on the capital improvement program. B. Adoption. The board shall adopt a capital improvement program with or without amendment after the public hearing on or before the end of each fiscal year. The capital improvement program, after adoption, shall be deemed a plan only, with the right being reserved to the board to change the same at any time. 34 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 9 Chapter 17. Borrowing § 17.01. Power. The board may, in the name of and for the use of the regional government, incur indebtedness by issuing its negotiable bonds or notes for the purpose, in the manner and to the extent provided in this chapter. § 17.02. Purposes for which bonds or notes may be issued Bonds, and notes in anticipation of bonds when the issuance of bonds has been authorized as hereinafter provided, may be issued for any purpose for which cities, counties or regional governments are authorized to issue bonds by the Constitution or general law. Notes may be issued, when authorized by the board, at any time during the current fiscal year for the purpose of meeting appropriations made for such. fiscal year, in anticipation of the collection of the taxes and revenues of such fiscal year, and within the amount of such appropriations. § 17.03. Limitations on indebtedne-~.. In the issuance of bonds and notes, the regional government shall be subject to the limitations as to amounts contained in Article VII, Section 10 (a) of the Constitution. § 17.04. Form of bonds and note,~, Bonds and notes of the regional government shall be issued in the manner provided by general law. § 17.05. Authority for issuance of bor~H~ The board may issue bonds and notes pursuant to the Public Finance Act (Chapter 5, Title 15.1, Code of Virginia, as amended) or pursuant to the terms of this charter. No bonds or notes of the regional 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 government shall be issued under this charter until their issuance shall have been authorized by a majority of the qualified voters of the regional government voting on the question at an election held for the purpose in the manner provided by general law, except as follows: A. The board may authorize the issuance of refunding bonds or notes by an ordinance adopted by the affirmative vote of a majority of all members of the board. B. The board may authorize the issuance of bonds and other obligations of a type excluded from the computation of indebtedness of cities under Section 10(a) of Article VII of the Constitution by complying with the conditions for exclusion set forth therein. C, The board may authorize the issuance of bonds or notes in any calendar year provided that the amount of such bonds or notes together with existing indebtedness of the regional government, as determined in the manner set forth in Section 10(a) of Article VII of the Constitution, shall not exceed ten percent of the assessed valuation of real estate in the regional government subject to taxation, as shown by the last preceding assessment for taxes. Such bonds or notes issued without authorization of a majority of the qualified voters shall be authorized by an ordinance adopted by the affirmative vote of two-thirds of all members of the board. For the purpose of this section, the terms "bonds," "notes," "other obligations" and "indebtedness" shall not include contractual obligations of the regional government lease/purchase agreements subject to annual appropriations and revenue bonds payable solely from revenue-producing properties. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 § 17.06. Payment of bonds and notes. The power and obligations of the regional government to pay any and all bonds and notes issued pursuant to this chapter, except revenue bonds made payable solely from revenue-producing properties, shall be unlimited and the board shall levy ad valorem taxes upon all taxable property within the regional government for the payment of such bonds or notes and the interest thereon, without limitations as to rate or amount. The full faith and credit of the regional government are hereby pledged for the payment of the principal of and interest on all bonds and notes of the former City of Roanoke and of the former County of Roanoke, and of the regional government hereafter issued pursuant to this chapter, except revenue bonds made payable solely from revenue- producing properties, whether or not such pledge be stated in the bonds or notes or in the bond ordinance authorizing their issuance. Chapter 18. Intergovernmental Relationships § 18.01. Towns. Upon and after the effective date of this charter, the Town of Vinton in existence in the County of Roanoke upon the effective date of this charter shall continue to exist and be recognized as a town and shall have and may continue to exercise as provided by law any and ail powers which such town may have had prior to the effective date of this charter, be they conferred by charter, general law or any other law. It is the declared purpose of this section that no change in the powers of the 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 Town of Vinton shall result from the grant of this charter, except by mutual agreement of the Town of Vinton and Roanoke Metropolitan Government. Chapter 19, Power of Eminent Domain § 19.01. Powers. The powers of eminent domain as authorized and limited by general law as to counties and cities and all acts hereafter amendatory thereof and supplemental thereto, mutatis mutandis, are hereby conferred upon the Roanoke Metropolitan Government. § 19.02. Procedure. In any case in which petition for condemnation is filed by or on behalf of the regional government, a true copy of a resolution or ordinance duly adopted by the board declaring the necessity for any taking or damaging of any property for the public purposes of the regional government, shall be filed with the petition and shall constitute sufficient evidence of the necessity of the exercise of the powers of eminent domain by the regional government. The regional government may employ the procedures conferred by the foregoing laws, mutatis mutandis. Chapter 20. Ordinances § 20.01. Ordinances of the reqionai qovernment. Except in dealing with questions of parliamentary procedure, the board shall act only by ordinance or resolution and all ordinances, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt, shall 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 be confined to one subject, which shall be clearly expressed in the title. Ordinances making appropriations or authorizing the contracting of indebtedness or the issuance of bonds or other obligations and appropriating the money to be raised thereby shall be confined to those subjects, respectively. The enacting clause of all ordinances passed by the board shall be, "Be it ordained by the board of commissioners of the Roanoke Metropolitan Government." No ordinance, unless it be an emergency measure, shall be passed until it has been read by title at two regular meetings, or the requirement of such reading has been dispensed with by the affirmative vote of eight (8) of the members of the board. Any ordinance introduced and adopted on its first reading at one meeting of the board may be amended and adopted as amended at the next such meeting or subsequent meeting, provided that the amendment does not materially change the purpose and character of the proposed ordinance. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance, or section or subsection as revised or amended. The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of the proceedings of the board, and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of all of the board members. No member shall be excused from voting except on matters involving the consideration of his own official conduct, or where his financial or personal interests are involved. The effective date of any ordinance passed by the board, except an emergency ordinance, shall be ten (10) days after the second reading. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The board shall act only by ordinance (1) in authorizing the making of any public improvements; (2) in the acquisition of real estate or any interest therein; (3) in authorizing the contracting of indebtedness or the issuance of bonds or other evidences of indebtedness (except temporary loans in anticipation of taxes or revenue or of the sale of bonds lawfully authorized); (4) in authorizing the sale of any property or rights in property of the regional government; or (5) in granting any public utility franchise, privilege, lease or right of any kind to use public property or easement of any description or any renewal, amendment or extension thereof; provided however, that after any such ordinance shall have taken effect, all subsequent proceedings incidental thereto and providing for the carrying out of the purposes of such ordinances may, except as otherwise provided in this charter, be taken by resolution of the board. Chapter 21. Miscellaneous § 21.01. Courts of record. The regional government shall continue to be in and a part of the 23rd Judicial Circuit or any successor established by the General Assembly. The Circuit Court of the City of Roanoke and the Circuit Court of the County of Roanoke shall hereafter be known as the Circuit Court of the Roanoke Metropolitan Government and shall have the same jurisdiction in the Roanoke Metropolitan Government as is conferred by general law upon circuit courts. All actions of every kind, criminal as well as civil, pending in the circuit courts of the City of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 Roanoke and the County of Roanoke on the effective date of this charter shall automatically be transferred to and shall proceed to final judgment in the Circuit Court of the Roanoke Metropolitan Government. The Circuit Court of the Roanoke Metropolitan Government shall have full authority to issue writs, enforce judgments and decrees, and exercise every manner of judicial function in relation to former actions in the circuit courts of the City of Roanoke and the County of Roanoke as though no change had been made in their status. In like manner shall these provisions apply to the general district courts and juvenile and domestic relations district courts of the City of Roanoke and the County of Roanoke, mutatis mutandis. § 21.02. Notaries. Notaries public for the City of Roanoke and the County of Roanoke shall have full power and authority in the Roanoke Metropolitan Government until their commissions expire. § 21.03. Amendme,~, to charter. This charter may be amended upon approval of any amendments by the Virginia General Assembly in accordance with the Constitution and general laws of the Commonwealth. § 21.04. Immunity from liability. The regional government and all its officers, employees, and agents shall retain all immunities from liability available to counties and officers, agents, and employees thereof in the Commonwealth of Virginia. No actions or claims shall be instituted against the regional government unless the claimant shall have complied with all procedural prerequisites to such actions or claims as are contained in the Constitution and § 8.01-?'2?. Code of Virqinia, as amended. 41 2 3 4 5 6 7 8 9 10 11 12 13 14 § 21.05. Severability. Should any part of this charter be declared unconstitutional by a court of competent jurisdiction, such shall have no effect on the constitutionality or validity of any other part of this charter. § 21.06. Ass~, and liabilities. All assets and liabilities of the City of Roanoke and the County of Roanoke existing as of the effective date of this charter shall continue to be assets and liabilities of the Roanoke Metropolitan Government from and after the effective date of this charter, except as provided expressly herein. § 21.07. Incorporation of new cities or towns; annexation immunity. Upon the effective date of this charter no unincorporated area within the limits of the regional government shall be incorporated as a separate town or city within the limits cf the regional government whether by judicial proceedings or otherwise. The regional government shall enjoy total immunity from city-initiated annexation and' city incorporation. 42 Office of the City Clerk December 27, 1989 File #79-24A Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29883-122689 amending and reordaining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax on and after October I, 1979, on and after October 1, 1980, and on and after Oct~ 1, 1981, of Chapter 32, Taxation, of the Code of the ~i~y of Roanoke' (1979), as amended, in order to increase the amount of tax imposed on purchasers of a utility service, upon certain terms and conditions and providing for an effective date. Ordinance No. 29883-122689 was adopted by the Council of the City of Roanoke on first reading on Monday, December 18, 1989, and on second reading on Tuesday, December 26, 1989, and will take effect on March 1, 1990. Sincerely, '~, Mary F. Parker, CMC City Clerk MFP:ra Enc o pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane McQ. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court, P. ©. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court Room 456 MunicipaIBuilding 215 Church Avenue, $. W. Roanoke, Virginia 24011 (703) 981-2541 Mr. W. Robert Herbert December 2?, 1989 Page 2 pC: The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr. Judge, General District Court ' The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Hussey, Clerk, Juvenile and Domestic Relations District Court Mr. Roaald Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr., City Attorney The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Hobby D. Casey, Office of the Magistrate, po O. Box 13867, Roanoke, Virginia 24037 Mso Clayne M. Calhoun, Law Librarian The Honorable Jerome S. Howard, Jr., Commissioner of Revenue The Honorable Gordon E. Peters. City Treasurer Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. 0. Box 2235, Tallahassee, Florida 32304 Office of the City Clerk December 27, 1989 File #79-24A Hr. G. E. Laurey Accounting Manager Appalachian Power Company P. 0o Box 2021 Roanoke, Virginia 24022 Dear Hr. ~aurey: I am enclosing copy of ©rdinance No. 29883-122689 amending arid reordaining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax an and after ~ctober 1, on and after October 1, 1980, and on and after Octooer i, 198~, of Chapter 32, Taxation, of the Code of the City of Roan~k~ (1979), as amended, in order to increase the amount of imposed on purchasers of a utility service, upon certain and conditions and providin~ for an effective date. ~rdinance No. 29583-122689 was adopted by the Council of the City Roanoke on first reading on ~onday, December 18, 1989, an~ second reading on Tuesday, ~ecember 26, 1989. and will effect on ~arch i, 1990. Sincerely, ~ary F. Parker, C~4C City Clerk MFP:ra Enc. Room4$& MunicipalSuilding 215Church Avenue.$ W Roanoke, Virginia 24011 (703)981 2541 Office of the City Clerk December 27, 1989 File #79-24A Mr. Roger L. Baumgardner Vice-President/Secretary/Treasurer Roanoke Gas Company P. Oo Box 13007 Roanoke, Virginia 24030 Dear ~r. Baumgardner: I am enclosing copy of Ordinance No. 29883-122689 amendiag and reordaining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax on and after October 1, 1979, on and after October 1, 1980, and on and after October_ 1, 19~i, of Chapter 32, Taxation, Of t~e Code of the City of Roatto~e (1979), as amended, in order to increase the amount of ta~' imposed on purchasers of a utility service, upon certain t?r'n~ and conditions and providing for an effective date. Ordinance ~o. 29883-122689 was adopted by the Council of the City of Roanoke on first reading on ~onday, Oecember 18, 1989, and ~ second reading on Tuesday, December 26 1989, and will take effect on ~arch 1, 1990. Sincerely, Y, ary F. Parker, CMC City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011 (703) g81.2541 Office of the City C~erk December 27, 1989 File #79-24A Mr. Donald C. Reid, ,~anager C ~ P Telephone Company 110 Campbell Avenue, S. W. Suite 107 Roanoke, Virginia 24011 Dear ~r. Reid: I am enclosing copy of Ordinance No. 29883-122689 amending and reordaining subsection (a) of §32-169, Levied; amount and repealing §32-169.1, Amount of tax on and after ©ctober i, 1979, on and after October I, 1980, and on and after October i u_19~. of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, ia order to increase the amount of ta~ imposed on purchasers of a utility service, upon certain terms and conditions and providing for an effective date. Ordiaance No. 29883-122689 was adopted by the Council of the City of Roanoke on first reading on Monday, December 18, 1989, and on second reading on Tuesday, December 26, 1989, and will take effect on March 1, 1990. Sincerely, ~ary F. Parker, City Clerk ~FP:ra Enc. Room456 MunicipalBuilding 215Chu;ch Avenue. S W Roanoi(e. Vitgini~t 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of December, 1989. No. 29883-122689. AN ORDINANCE amending and reordaining subsection (a) of ~32-169, Levied; amount and repealing §32-169.1, Amount of tax on and after October 1, 1979, on and after October 1~ 1980~ and on and after October 1, 1981, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, in order to increase the amount of tax imposed on purchasers of a utility service upon certain terms and conditions and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §32-169, Levied; amount, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-169, Levied; amount. (a) There is hereby imposed and levied by the city, upon each and every purchaser of a utility service, a tax in the amount of twelve (12) percent of the charge made by the seller against the purchaser with respect to each utility service; provided, however, that during the periods from October first of each year through May thirty-first next following, the tax herein imposed shall not be deemed to apply to that part of the charge in excess of fifteen dollars ($15.00) per month made by any seller of electricity to a purchaser thereof under a domestic service contract who uses such electricity as the principal source of space heating in a purchaser- occupied private home or a purchaser-occupied private residential unit; nor, during such annual periods, shall the tax herein imposed be deemed to apply to that part of the charge in excess of fifteen dollars ($15.OO) per month made by any seller of gas to a purchaser thereof under a domestic service contract who uses such gas as the principal source of space heating in a pur- chaser-occupied private home or a purchaser-occupied private residential unit. 2. Section 32-169.1, Amount of tax on and after October 1~ 1979, on and after October 1~ 1980~ and on and after October 1~ 1981, Code of the City of Roanoke (1979), as amended, is hereby repealed. 3. The effective date of this ordinance shall be March 1, 1990, and the City Clerk is hereby directed to provide immedi- ately, and no later than December 31, 1989, a copy of this ordi- nance by certified mail to the registered agents of the utility corporations required to collect the taxes referred to herein. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia December 4, 1989 Dear Members of Council: Subject: Roanoke River Flood Reduction Project - Utility Tax Rate Increase and Local Cooperative Agreement - Public Hearing I. Background: mo Flood Reduction Project through Roanoke was outlined in an Environmental Impact Statement and Feasibility Report dated January 1984. Project consisted of flood reduction elements (channel widening, dikes, and floodwalls), floodproofing, recreation and early warning system. Letter of Intent was forwarded to the Corps of Engineers June 27, 1988 for a project with a total estimated cost of $31~000,000 and a local non-federal estimate of $14,490~250. Benefit to cost ratio was approximately 1.15 to 1. City voters approved a bond referendum in April, 1989 authorizing the issuance of up to $7~500~000 for the Roanoke River Flood Reduction Project. Prior to the referendum, the City Manager stated that he would recommend up to a two (2) percent increase in the Utility Tax to pay the bond debt payments for this project. General Design Memorandum was distributed in June 1989 for general review and this document is scheduled to be approved by the Assistant Secretary of the Army for Civil Works by December 15, 1989. City Staff has reviewed the proposed Local Cooperative Agreement and have negotiated a revised Agreement with the Corps of Engineers. Local Cooperative Agreement (LCA) is a contract between the local sponsor (City of Roanoke) and the Federal Government outlining cost sharing payments, indemnification, future maintenance responsibility, etc. F. Federal regulations do not allow the local sponsor to begin land acquisition prior to executing the LCA. LCA is scheduled to be signed by all parties in January 1990. City needs to implement any tax increases associated with this project to ensure a funding source is available for our obligation as outlined in the LCA. In addition, additional funds are needed once land acquisition begins. Page 2 Current Project Funding Estimate is as follows: Project Estimate: Buy/Floodproof/Resale: Floodproof Structures Critical to Flood Reduction Project I. Budget breakdown: TOTAL FEDERAL $33,916,056 $20,546,820 500,000 0 NON-FEDERAL $13,369,236 500,000 250~000 $34,666,056 0 250,000 _$ 20__, _54__6, p 2__0. 1. Estimated City Financial Commitment $14,119,236 2o Deduct: a) Land Donations b) Water and Sewer Fund c) Funding to Date d) State Recreation Funding -$3,920,750 -$469,097 -$1,367,024 -$862~365 Total Deductions 3. Net Estimated Unfunded Local Cost: -6,619~236 $7,500,000 Annualized Budget for Project: 1. $7,500~000 Bond Amortized over 20 Years Assuming Interest Rate of 7.14% $715,669 2. Annual Maintenance Expenses Total Annualized Cost: $100~000 $815,669 Utility Tax Structure required to meet annual budget obliga- tion is as follows: 12% utility tax rate; Cap of $15/month for purchaser of electricity or gas where electricity or gas is the principal source of space heating in a purchaser occupied home or residen- tial unit for period of October 1 through May 31 of each year. L. Utility companies require sixty (60) days from autborization of a tax increase to actual implementation. Page 3 II. Issues: A. Commitment to Flood Reduction B. Timin8 C. Federal Fundin8 III. Alternatives: Authorize a public hearin~ for December 18, 1989 to consider establishing the utility tax structure set forth in Section I.K. above. Authorize the City Manager to execute the Local Cooperative A~reement for the Roanoke River Flood Reduction Project once the appropriate funding has been established. 1. Commitment to Flood Reduction will be maintained. 2. Timin~ for City to begin land acquisition will be pre- served. 3. Federal Fundin8 is available by act of Congress and the President in September, 1989. Do not authorize a public hearin~ for December 18, 1989 to consider establishing the utility tax structure set forth in Section I.K. above and do not authorize execution of the Local Cooperative A~reement for the Roanoke River Flood Reduction Project. 1. Commitment to Flood Reduction will be delayed. 2. Timin8 for City to begin land acquisition will be jeopardized. Federal Fundin8 is available. IV. Recommendation: City Council authorize a public hearin8 for December 18~ 1989 to consider establishing the utility tax structure set forth in Section I.K. above and authorize execution and implementation of the Local Cooperative Asreement for the Roanoke River Flood Reduction Project and any necessary accompanying documentation in a form approved by the City Attorney once the appropriate funding has been established. Page 4 WRH/JAP/mm cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utility and Operations City Engineer C. E. Shuford, Jr., P.E., Deputy District Engineer, COE Wayne Bissette, P.E., Project Engineer, COE ,'0 ;~UM~£R L20713281 PUbLLS~:A'S FEE ~L13.~0 CITY OF ~NONE C/O MARY F PARKEk CITY CLERKS OFFICE ROOM ~5~ MUNICIPAL k~ANOK~ VA 2~011 SFAIt ~F ViRGINi~ CITY OF ROANOKE AFFIOAVi[ CF Pd~L1CAIiUN 1, (THm UNDERSIGNED} AN AUTHORIZED REPRESENTATIVE ~F THE TINtS-~ORLD CGR- PORAIION, .HICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES ~ ~OKLD-NEWS, A DAILY NENSPAPEA PU~LiSHcD IN ROANOKE, IN THE STATE OF VIRGINIA, DC CERTIFY THAT THE ANNEXEO NOEICE wAS PUBLISHED IN SAID NEWSPAPERS UN THm EOLLO.iNG DATES 12/10/~9 SUNDAY WITNESS, T~J~S iITH DAY OF DEC~MSER 1989 _ _ ~ ..... ~ .................. AUiHORIZ6D S IGNAIUR~ NOTICE OF PUBLIC HEARING Pursuant to §58.1-3007, Code of Virginia (1950), as amended, notice is given of a proposal to increase the tax on the purchase of utility services from 10 to 12 percent, with such tax to be applicable to the first 15 dollars ($15.00) per month for the period of October 1, through May 31 of each year for a purchaser of electricity or gas under a domestic service contract who uses such electricity or gas as the principal source of space heating in a purchaser-occupied private home or a purchaser-occupied pri- vate residential unit and certain other changes in the utility tax structure. A copy of the proposed ordinance implementing the proposed increase and changes in the tax on the purchase of uti- lity services is available for public inspection and copying in the Roanoke City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia. A PUBLIC HEARING will be held before the Council of the City of Roanoke on Monday, December 18, 1989, at 2:00 p.m., in the City Council Chambers, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, at which time citizens of the locality shall be given an opportunity to appear before and be heard by City Council on the subject of the aforesaid proposed increase and changes in the tax on the purchase of utility service. GIVEN under my hand this 6th day of December,~,1989. Mary F. Parker, City Clerk Note to Publisher: Publish in full once on Sunday, December 10, 1989, in the Roanoke Times-World News, Morning Edition. Please mail bill and affida- vit of publication to Mary F. Parker, 456 Municipal Building, Roanoke, Virginia 24011. Office of the City Clerk December 27, 1989 File #429-467 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Gentlemen: Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. At the regular meeting of the Council of the City of Roanoke held on Tuesday, December 26, 1989, the matter of including school teachers in the City of Roanoke Pension Plan was referred to the Director of Finance for the purpose of conferring with appropriate school officials and report to Council accordingly. In the event that State law precludes such participation, the matter was also referred to the City Attorney to be included in the City's 1991 Legislative Program for consideration by the City's delegation to the General Assembly of Virginia. Sincerely, ,/"~ Mary F. Parker, CMC City Clerk MFP:ra ~ Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 TAP's Impact on the Roanoke Valley Poor residents of the area: 44,967 Numbers served by TAP: PY 1988: 7,037 families (21,000 individual Since 1965: over 500,000 people Federal/State dollars added to the local economy: PY 1988: Since 1965: Agencies begun at Local: Statewide: members) $4.75 million $100+ million TAP: League of Older Americans Legal Aid of Roanoke Valley Community Coordinated Child Care (4-C; now under Roanoke Valley Council of Community Services RADAR Southwest Virginia Community Development Fund Virginia Water Project Virginia CARES Project Discovery, Inc. Economic Impact/PY 1988: Personal income created by TAP programs: Local Economic Activity: Local tax revenue generated: Savings in public expenditures: Savings to local governments: Jobs generated for clients: $5.1 million $10.3 million $1.3 million $6.7 million $1.3 million 289 CURRENT TAP PROGRAMS Head Start Project Success Project PRIDE Summer Youth Employment Programs (2) IMAGE On-the-Job-Training Clerical Skills Program Adult Basic Education/GED Preparation Literacy Programs Literacy for the Homeless Emergency Assistance Community Outreach/Organization Housing Counseling Weatherization Critical Home Repair and Rehabilitation Alcohol Counseling Substance Abuse Education/Intervention Women's Resource Center Transitional Living Center Offender Services Southwest Virginia Community Foodbank Project Discovery Henry Street Music Center Project Comprehensive Health Investment Project Northwest Supermarket Project Neighborhood Leadership Institute Emergency Home Repair Program Roanoke City Emergency Rental Repair Rural Housing Preservation Program Alleghany Highlands Housing Initiative TAP Emergency Housing Repair Program "A Hand Up, Not A Hand Out" Total Action Against Poverty In Roanoke Valley, Inc." Since its creation in 1965, TAP has provided "a hand up, not a hand out" to over a half million poor people in the Roanoke Valley and surrounding areas. From Emergency Assistance to Education and Employment, from Head Start to Housing, TAP programs address the causes of poverty as well as its symptoms. TAP services encourage self-sufficiency, not simply survival. Over the past 24 years, our Head Start teachers have ensured that 12.000 iow-income preschoolers were better equipped to start school alongside their more advantaged peers. Our Youth and Adult Literacy, Basic Education, and GED classes have increased the educational skill levels of over 4.000 persons with over 600 of them going on to receive their high school equivalency certificate. TAP's Southwest Virginia Foodbank has distributed over 10 million pounds of food to feed hungry people. Weatherization crews have made over 4,000 houses of elderly and low-income households safe and warm. TAP has accomplished these things and more in spite of dwindling Federal Central Agency Funds. However, cuts in these funds have reached a critical level. TAP must now raise $350,000 in order to overcome a prospective deficit going into program year 1989. This deficit is due primarily to four factors. The first cause is that Federal funds are being cut year after year. TAP's Central Agency funding has decreased 31% in the past 10 years, with another 2% cut having been announced for this year. The second factor which has precipitated the deficit is the increase in the number of programs which require subsidies. More and more, granting organizations are requiring more service but giving less money, forcing TAP to subsidize the program or give it up. For example, the United States Department of Housing and Urban Development (HUD) provides grants'for housing counseling programs. TAP has the only HUD certified program in Southwest Virginia. Three years ago TAP had two full time and one part time Housing Counselors fully funded by HUD. Because of drastic cuts in HUD funding we now have only one housing counselor and HUD funds less than 25% of her salary and support costs! Central Agency funds must cover the remaining costs of providing this critical service to low-income residents. Third, other .f.unding sources have restricted or eliminated funding fo. program administration. Job Training Partnership Act grants make up the bulk of funding for TAP's Youth Services and Employment Training Services Components. In 1986, administration was eliminated as an allowable cost to ]ob Training Partnership Act grants. Central Agency funds must now be used, to subsidize the operation of special grants including the Summer Youth Employment Program, Project Success, the On-The-Job Training Program, Clerical Skills, and the Adult Basic Education Program. Fourth, Central Agency funds are also needed .to provide matching money for many state and federal grants. The grant from the United States Department of Housing and Urban Development for the operation of TAP's Transitional Living Center for the homeless must be matched by an equal amount of local money. Many other grants also require match. Central Agency funds are critical in support of program development staff who have been effective in raising additional money (Transitional Living Center, Comprehensive Health Investment Project, Northwest Super Market Project). Successfully meeting our goal of raising $350,000 will ensure that TAP not only continues to operate the existing full range of vital services for low- income citizens, but that it will have the capacity to address the key issues of "children at risk" and the growing drug problems of low-income communities. TAP's experience is that for every dollar of core funds, we are able to raise an additional $10 in other funds. $350,000 could therefore have a $3 million impact! On the other hand, failure to raise $350,000 could mean the loss of up to $3.5 million in total TAP funds, but more important to TAP and to the Roanoke Valley will be the loss of services to the 45,000 poor residents who are our target population. If $350,000 is not raised, this will mean at least a 15% cut in services -- which will occur in one of two ways. Alternative 1: The loss of revenue will be absorbed "across the board" by all of TAP's programs. This will mean: 30 youth and 30 adult dropouts will not receive the basic skills training necessary for them to compete in today's workforce; 50 poor children will begin public school without the advantages of Head Start facing the possibility of special education classes at an added expense to the school system; _200 battered women will not receive the counseling and assistance they so desperately need to begin new lives for themselves and their children; 300 low-income families in need of housing related counseling will be turned away and 700 families in crisis will not receive emergency assistance (food, clothing, utility payments, prescription medicine). In all, over .!,250 people in need will not be helped because the staff and services required to help them will not be available. 2 Alternative 2: The deficit will be absorbed by the elimination of those pro~rams most heavily subsidized by central agency funds. 1) The Women's Resource Center - which provides Emergency assistance and ongoing counseling to over 300 battered women a year. 2) Housing Counseling - which provides housing and credit counseling, landlord tenant information and assistance default counseling assistance, emergency rent and mortgage zpayments, and help in locating decent affordable housing to over 1,200_low-income families a year. 3) Emergency Assistance - which provides food, clothing, furniture, emergency utility payments, prescription medicine and other critical needs to over 2,500 poor families in crisis annually. 4) Emergency Critical Home Repair- which provides minor emergency repairs to approximately 30 homes of low-income and elderly residents each year to insure their safety. Furthermore without this campaign both alternatives (1 & 2) would also include the closing of TAP's Transitional Living Center whose local match is dependent on the success of this campaign. These four programs almost completely supported by Central Agency funds assist over 4,000 low-income residents each year. The elimination of these programs will cause a cut in services that will be devastating. 3 Office of the City Clerk November 7, 1990 File #9-169-184 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of ©rdir~ance No. 30296-110590 authorizing the City's execution of a Revocable Entry Permit with the Roanoke Regional Airport Commission, providing for the City to enter upon Roanoke Regional Airport Commission property to inspect certain work being performed in connection with ti~e realignment and reconstruction of Thirlane Road, N. ~. Ordinance No. 30296-110590 was aaopted by the Council of the City of Roanoke at a regular meetiag aeld on ~onday, NovemDer 5, 1990. Sincerely, ~ary F. Parker, CM,,,C/AAE City Clerk MFP:ra Eric. pC: ~r. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W. Roanoke Virginia 24012 ' ' Hr. ~illiam F. Clark. Director of Public Works ,~r. Charles ~. Huffine, City Engineer ,~r. Kit B. Kiser, Director of Utilities and Operations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th Day of November, 1990. No. 30Z96-110590. VIRGINIA AN ORDINANCE authorizing the City's execution of a Revocable Entry Permit with the Roanoke Regional Airport Commission, pro- viding for the City to enter upon Roanoke Regional Airport Commission property to inspect certain work being performed in connection with the realignment and reconstruction of Thirlane Road, N. W.; and providing for an emergency. BE IT ORDAINED 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 on behalf of the City to execute and attest, respectively, a revocable entry permit with the Roanoke Regional Airport Commission (RRAC) granting to the City the right to enter upon the property of the RRAC to inspect cer- tain work being performed in connection with the realignment and reconstruction of Thirlane Road, N. W. upon such terms and con- ditions as are deemed appropriate by the City Manager and in accordance with the recommendations contained in the report of the City Manager, dated November 5, 1990, said agreement to be in such form as is approved by the City Attorney. 2. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effec~ upon its passage. ATTEST: City Clerk. Roanoke, Virginia November 5, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject. Revocable Entry Permit City Employees to Enter Upon Property of Roanoke Regional Airport II. III. IV. I. Background: A. City Council, at its October 8, 1990 meeting, awarded a contract for the Realignment and Reconstruction of Thirlane Road, N.W. B. Entry upon Roanoke Regional Airport Property will be necessary by City employees during construction for such items as security fence relocation and grading prior to, during, and after fence relocation. Current situation is a revocable entry permit needs to be executed to allow City employees entry upon Airport property to inspect construction. Issues: A. Need B. Cost C. Legal Alternatives: Ae Authorize the City Manager to sign "Revocable Entry Permit" (copy attached) with Roanoke Regional Airport Commission (RRAC). 1. Need has been established by the construction plans for Thirlane Road. 2. Cost would be zero. 3. Legal - City is required to indemnify and hold harmless RRAC as to acts of City employees. Page 2 WRH/JGB/mm Attachment CC: B. Do not authorize the City Manager to sign permit. 1. Need has been established and without authority to enter ~irport property certain construction items will not be inspected by City inspectors. 2. Cost would be zero. 3. ~egal - indemnification is not an issue. Recommendation is that City Council authorize the City Manager to sign the "Revocable Entry Permit" with Roanoke Regional Airport Commission to facilitate the proper inspection of the Thirlane Road project. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Airport Executive Director REVOCABLE ENTRY PERMIT In exchange for permission to enter upon property of the *ROANOKE REGIONAL AIRPORT COMMISSION ("RRAC") and other Eood and valuable consideration, the receipt of which is acknowledged, ("Permittee") covenants and agrees that entry upon RRAC property shall be pursuant to and strictly in accordance with the following terms and conditions: Permittee, its employees, subcontractors, agents, and any entity or person acting on its behalf shall be per- mitred entry onto the RRAC property solely for the pur- pose or purposes previously described in writing and approved by the RRAC Executive Director. (2) There shall be no entry upon RRAC property until appro- val of such entry by the RRAC's Executive Director has been obtained. Unless terminated earlier as provided herein, this Permit shall terminate and expire as of 12:01 a.m., on L .- , 19 . (3) Permittee covenants and agrees that any work under this Permit shall be undertaken ~n a competent and work- manlike manner, and in accordance with the previously submitted and approved description, including any Contract Documents or plans. Permittee hereby covenants and agrees that prior to entering upon or making any use of RRAC property, Permittee shall give RRAC two weeks' advance written notice and suitable evidence of comprehensive general public liability insurance, including motor vehicle coverage, and shall maintain such coverage for the dura- tion of this Permit, naming Permittee, its employees, officers, agents, subcontractors, and persons or enti- ties acting on its behalf as well as the Roanoke Regional Airport Commission, the City of Roanoke, the County of Roanoke, and their respective officers, agents and employees, as additional insureds, providing coverage on an occurence basis against any and all claims and demands made by any person or persons vhom- soever for injuries incurred in connection with the use, construction, maintenance or other activities on the RRAC property pursuant to this Permit which policies shall provide limits of not less than $5,000,000. (5) Permittee shall indemnify and hold harmless RRAC, the City of Roanoke, the County of Roanoke, and their respective officers, agents and employees, against any and all loss, cost, or expense, including at~orney.s fees, resulting from any claim, whether Or no~ reduced to a Judgment, and for any liability of any natUre whatsoever, that may arise out of or result from activities or Omissions On the RRAC property pursuant to this Permit during the term of this Permit, including, without limitation, fines and cna ~deral, state or 1 .o~ P ltles, violations o Airport security as~;;;~;;:dSh~e to maintain pert.y (~) The rights of Permittee to enter RRAO property shall he revocable at any time at the discretion of the ~RAO Executive Oirector by written notification, provided that the obligations of Permlttee under paragraphs 4 and ~ shall Survive, and remain in effect after such termination. (7) Permittee covenants and agrees ~.~ applicable federal, st~ec~l~_~.'~1 times e-~zons, including wit ~,,+ ~,_,.~.~aA zaws and lations requiring that no object or structure exceed the elevation of the runway for a distasce of 500 feet on either side of the runway centerline as well as F.A.A. regulations concerning placement of objects in airport area. (8) Permittee covenants and agrees to be responsible for and to insure that no unauthorized Persons will gain access or enter the AOA as a result of Permittee,s intentional or negligent acts or omissions and shall undertake appropriate measures including compliance With the Airport security program and Airport identification badge requirements. (8) In executing this agreement on behalf of Permittee, the undersigned cOvenants and represents such execution is authorized and each and every term and condition of the Permit iS binding upon Permittee. (9) Permittee covenants and agrees that Permlttee's contact person for any notices under this Permit shall be ~nd phone number: __at the following address Address: Phone: - 2- WITNESS the following signatures: ROANOKE REGIONAL AIRPORT COMMISSION E~ecutive Director Date: PERMITTEE: ATTEST: By, (title) - 3- Office of the City Clerk November 7, 1990 File #169-501 Mr. Larry E. Skee,~s Building Superintendent Blue Cross Blue Shield of Virginia P. ©. Box 13047 Roanoke, Virginia 24045 Dear Hr. Skeens: I am enclosing four copies of Resolution No. 30297-110590 authorizing a revocable permit to Blue Cross Blue Shield oB Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza, upon cer- tain terms and conditions. Resolution No. 30297-110590 ~as adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 5, 1990, at~d shall be in full force and effect at such time as a copy has been duly signea, sealed, attested and acknowledged by the Permittee, as well as the appropriate certificate of insurance, have been filed in the Office of the City Clerk. Prior to installing the holiday decorations, please sign and return three copies of Resolution No. 30297-110590, along with your certificate of insurance, to the City ClerK's Office, Room 456, Municipal Building, Roanoke, Virginia 24~11. Sincerely, Mary F.~arker, C,~C/AAE City Clerk MFP:ra Enc. pc: Hr. W. Rober~ Herbert, City ~anager ~r. ~illiam F. Clark, Director of Public ~orks ~r. ~illiam ~. ~ullins, Jr., ~anager, Signals and Alarms ~r. George C. Snead, Jr., Director of Administration Public Safety Ms. Sandra H. Eakin, Deputy City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.25,~1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th Day of November, 1990. No. 30297-110590. VIRGINIA, A RESOLUTION authorizing a revocable permit to Blue Cross Blue Shield of Virginia for the attachment or installation of certain holiday decorations to certain City-owned trees in Key Plaza, upon certain terms and conditions. WHEREAS, Blue Cross Blue Shield of Virginia (hereinafter "Per- mittee") has requested that City Council authorize Permittee to attach or install certain holiday decorations on certain City owned trees in Key Plaza; and WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted to Permittee to attach, stall and maintain certain holiday decorations in Key Plaza adjacent to Permittee's property, following terms and conditions: (a) in or on City trees pursuant to the (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, including City property, grow- ing out of or directly or indirectly resulting from the permission herein granted; Such permit shall be revocable and shall be effective, upon Permittee's compliance with Paragraph 2 hereof, from November 12, 1990, through January 15, 1991; Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, provid- ing general public liability occurrence type insurance in the amount of at least $100,000 for bodily injury, $300,000 per accident, and $50,000 property damage; (d) (e) (f) Permittee shall not install or attach any object any City-owned tree or shrub other than those covered by this permit; The City shall incur no cost as a result of the granting of this permit; and to Permittee shall give notice to the City's Director of Public Works prior to entry on City property for installation and maintenance of such holiday decorations; 2. This permit shall be in full force and time as a copy of this Resolution, duly signed, and acknowledged by Permittee, together with the appropriate certificate of insurance have been filed in the Office of the effect at such sealed, attested City Clerk. ATTEST: City Clerk. ACCEPTED and EXECUTED by , 1988. ATTEST: the undersigned this. day of BLUE CROSS BLUE SHIELD OF VIRGINIA By (title) - 2 - Roanoke, Virginia November 5, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: SUBJECT: Blue Cross Blue Shield of Virginia Permit Request I. BackKround: City Council annually grants permit requests for the installation of holiday decorations on City-owned light standards and other facilities, including trees located in the downtown business district. II. Current Situation: mo Blue Cross Blue Shield of Virginia has requested permission to decorate the trees in Linden trees in Key Plaza from November 12, 1990 through January 15, 1991. III. Issues: A. Authority for Approval. B. Permit Requirements. IV. Alternatives: Ao City Council grant Blue Cross Blue Shield of Virginia a revocable permit to decorate the Linden trees in Key Plaza for the period November 12, 1990 through January 15, 1991. Authority for approval or denial is solely City Council's. 2. Permit requirements are as follows: mo Blue Cross Blue of Shield of Virginia obtain individual or company to install and remove decorations. bo Cost of installing and removing decorations will be the responsibility of Blue Cross Blue Shield of Virginia. Mayor Taylor and Council Members Page 2 Co Indemnification ~ Blue Cross Blue Shield of Virginia must agree to provide liability insurance, naming the City as an additional imsured, providing general public liability insurance in the amount of at least $1 million per occurrence; and to indemnify, keep, and hold the City harmless from liability on account of injuries or damages directly or indirectly resulting from the permission herein granted. City Council deny the request of Blue Cross Blue Shield of Virginia . Authority for approval or denial is solely City Council's. 2. Permit requirements would not be an issue. V. Recommendation is that City Council approve Alternative "A", and Adopt appropriate measure, as prepared by the City Attorney, granting a revocable permit to Blue Cross Blue Shield of Virginia to decorate the Linden trees in Key Plaza. Respectfully submitted W. Robert Herbert City Manager WRH:WFC:pr CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Director of Administration and Public Safety Mr. William M. Mullins, Jr., Manager, Signals and Alarms Blue Cross Blue Shield of Virginia September 28, 1990 R O. Box 13047 Roanoke, Virginia 2,I045 (703) 985-5OO0 Mr. William Clark Director of Public Works City of Roanoke 1802 Courtland Road N.E. Roanoke, VA 24012 Dear Mr. Clark: Blue Cross Blue Shield of Vir~:inia requests permission to decorate the trees on Key Plaza fo]' the Christmas season. trees will be decorated in the sam~: manner as on Colonial across the street. Thank you for your time and consideration. Sincerely, Building Superintendent LES/ms The Plaza Government and Individual B[~siness Center .T 31 'S0 16:£4 FROM HILB ROGAI- HAMII,TON RAGE.002 HRH COMPANY OF RICHMO~ 4235 INNSLAKE DRIVE P.O. BOX 1488 GLEN ALLEN, VA. 23060 NO RIGt'~S UPON *I~E CER'flFIOATE HOLDER. THIS CERTIFICA~ DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POI.IDlES BELOW COMPANIES AFFORDING COVERAGE L~e, A Maryland Casualty Co. I.$U~ ....................................................................................... iCOUPANYBL~r~R Maryland Casualty CO. Blue Cross / Blue Shield of Va.ic°MeA"~ ~ Levee G Maryland Casualty Co. Attn: Legal Dept. P.O. ~ox 27401 ~ ~""~¥D c~R Maryland Casualty Co. Richmond, VA. 23279 ~ THIS IS TO CEBTIFY THAT T,{m- POLICIES OF iNSURANCE LISTED BELOW HAVE SEEN I~SUED TO ~ IN~URED NAMED A~VE ~R THE POLICY PERIOD { X* NIREO AUTO$ ~ ~ ~ BODILY X NON~E= autOS [ : The Certficate 8older is added as Additional Insure~ in reference tO Christmas Lights of the Plaza SHOULD ANY OF THE ABOVE DE~tSED ~LIO[ES BE CANCE[~ BEFORE THE City Of RO~O~ EXPIATION DATE THERE., THE i~U~Ne ~PA~ WILE ENQEAVOR TO 1802 Cou~la~d R0a~v N~ M~I~ ~ DAY~I~N~CE~CE~F~A~HOLDERNAM~DTOTHE Roanoke, VA. 24012 LE~, S~ ~AILURE TO ~L 6UCH N~CE ~AEL IM~E NO OBLIGATION OR LIABIM~ Om ANY KIND U~N ~E COMPANY, ~, AGENTS OR REBECCA M. DOWNEY ISSUE DATE [MM/G0/YY) A{I*NII). CERTIFICATE OF INSURANCE o/ 6/9o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND HRH COMPANY OF RICHMOND 4235 INNSLAKE DRIVE P.O. BOX 1488 GLEN ALLEN, VA. 23060 INSURED Blue Cross. Blue Shield of Virginia Attn: Legal Dept. P.O. Box 27401 Richmond, Va. 23279 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETIeR A Maryland Casualty Co. LE~ER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDrCATED, NoTwrTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, . .... CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR OATE (MMIGDIYY) DATE (MM/DOIYY) GENERAL LIABILITY A X~ -~--O~M ERClAL GENER~% ~IASILITY ' -- CLAIMS MADF- X; OCCUR. OWNER'S & CONTRACTOR'S PROT~ EPA08662513 1/1/90 1/1/91 GENERALAGGREGATE PROOUGTS-GOMP/OP AOO. PERSONAL & AGV.~NJUR~ EACH OCCURRENCE FIRE DAMAGE (Any one lite) MED. EXPENSE (Any ~e pers~)~ $ 5 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS -- -~ HIRED AUTOS ~ NON-OWNED AUTOS ~ GARAGE LIABILITY EXCESS LIABILITY [ UMBRELLA FORM ! OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS* LIABILITY OTHER COMBINED SINGLE LIMIT ~ACH ACCIDENT DESCRIPTION OF OPERATIONBILOCATIONS/VEHICLESISPECIAL ITEMS CER'~I~FICATE HO. LDER City of Roanoke 1802 Courtland Rd., NE Roanoke, Va. 24012 Attn: William L. Mullen, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRI'CrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Office of the City Clerk Noveml~er 7, 1990 File //27 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. HerDert: I am attaching copy of Resolution No. 30298-110590 accepting tne- bid of Montgomery Tank Lines, in the amount of $1.70 cwt on 46,~00 pounds per load, plus fuel surcharge, for transportation of pickle liquor from ~orkville, Ohio, to Roanoke, Virginia, to be used in the City's waste water treatment process, for the period of November 1, 1990, ~o October 31, 1991. Resolution No. 30298-110590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 5, 1990. Sincerely, //~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Kit B. Kiser, Director of Utilities and ©perations Mr. Steven L. Walker, Manager, Sewage Treatment Plant ~r. George C. Snead, Jr., Director of Administration Public Safety ~r. D. Darwin Roupe, ~anager, General Services and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401'1 (703) Office o! the City Clerk November 7, 1990 File #27 ~r. ~ichael A. Grim Vice-President of Sales ~ontgomery Tank Lines $108 Central Drive Plant City, Florida 33567 Dear Mr. Grim: I am enclosing copy of Resolution No. 30298-110590 accepting the Did of ~ontgomery Tank Lines, in the amount of $1. 70 cwt on 46,000 pounds per load, plus fuel surcharge, for transportatior~ of pickle liquor from Yorkville, Ghio, to Roanoke, Virginia, ~o be used in the City's waste water treatment process, for the period of November 1, 1990, to October 31, 1991. Resolution No. 30298-~10590 was adopted by the Council of the City of l~oanoke at a regular meeting held on /~onday, November 5, 19gl). Sincerely~ /~~ Mary F. Parker, CMC/~AE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk November 7, 1990 File #27 Mr. Kevin B. Derr Account Manager DSI Transports, Inc. P. ~. Box 12031 ~oanoke, Virginia 24012 Dear qr. Derr: I am enclosing copy of Resolution No. 30298-110590 accepting the bid of Montgomery Tank Lines, in the amount of $1.70 cwt on 46,000 pounds per load, plus fuel surcharge, for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1990, to October 31, 1991. Resolution No. 30298-110590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, NovemDer 5, 1990. On behalf of the ~ayor and Members of City Council, I ~ould like to express appreciation for submitting your bid to supply pickle liquor ~o be used in t2~e City's waste water treatment process. Sincerely, ~l~,.~_.__~, ~4ary F. Par~er, C~C/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th Day of November, 1990. No. 30298-110590. VIRGINIA, A RESOLUTION accepting the bid of Montgomery Tank Lines made to the City for transportation of pickle liquor from Yorkville, Ohio, to Roanoke, Virginia, for the period of November 1, 1990, to October 31, 1991; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid of Montgomery Tank Lines, made to the City, offering to transport pickle liquor from Yorkville, Ohio, to the City's Water Pollution Control Plant in the City of Roanoke, Virginia, for the period of November 1, 1990, to October 31, 1991, for the price of $1.70 cwt on 46,000 pounds per load, plus fuel surcharge, with option to renew, as more particularly set forth in the report to this Council dated November 5, 1990, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to ~ach the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia November 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids For Transportation of Pickle Liquor, Bid No. 90-10-16 I concur with the recommendation of the attached bid committee report and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia November 5, 1990 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Bids For Transportation of Pickle Liquor, Bid No. 90-10-16 Background Pickle Liquor is a waste product, from Wheeling-Pittsburg Steel Company in Yorkville, Ohio, used for phosphorous removal. This product is made available to the City, for use in the waste water treatment process, at no charge except for the appropriate transportation from Ohio to Roanoke, Virginia. $~ecifications for this transportation were developed and along with request for quotations, were sent specifically to nine (9) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News. ~i~_w_~_~_e_~Dce~ve~ after due and proper advertisement, until 2:00 p.m. on October 18, 1990, at which time all bids so received were publicly opened and read in the Office of the Manager of General Services. II. Current Situation A. Two (2) bid responses were received. Bid tabulation is attached. Both bids were evaluated in a consistent manner by representatives of General Services and Water Pollution Control. Both bids included Fuel surcharge as a result of the rapid increases of Fuel prices. This surcharge will adjust up or down as the price of Fuel may fluctuate. Transportation of Pickle Liquor Bid No. 90-10-16 Page 2 The lowest bid, including the fuel surcharge, as submitted by Montgomery Tank Lines, meets all required specifications. III. Issues A. Ne_e_d~ B. ~9Npli~_n_ce with Specifications IV. Alternatives C°~-gs~-a-~g~t_tbe.~D_we~__b_i~, including fuel surcharge, for the transporting of Pickle Liquor from Yorkville, Ohio to Roanoke, Virginia for the period November 1, 1990 to October 31, 1991 with the option to review for two (2) additional one (1) year periods, at a rate of $1.70 cwt, plus fuel surcharge, as submitted by Montgomery Tank Lines. Need - The product delivered is necessary for the continuation of waste water treatment. Compliance with Specifications - The bid submitted by Montgomery Tank Lines meets all required specifications. Fund availability - Funds are available in the Water Pollution Control operating budget for FY 90-91. B. R_~ject all bids Need - This product needed for the continued operation of the Waste Water Control Facility would not be available. C_o_mp_l_i_an_c_e~wi__th___s~pecification_s would not be a factor in this alternative. Fund availability - budgeted Funds for this purpose would not be expended. Transportation of Pickle Liquor Bid No. 90-10-16 Page 3 V. Recommendation ao Council concur with Alternative "A" - accept the bid submitted by Montgomery Tank Lines, to provide transportation of Pickle Liquor from Yorkville, Ohio to Roanoke, Virginia for the period November 1, 1990 to October 31, 1990, with the option to renew for two (2) additional one (1) year periods, at a rate of $1.70 cwt, plus fuel surcharge, and reject other bid. Respectfully Submitted Committee: Kit B. Kiser Steven L. Walker D. Darwin Roupe cc: City Attorney Director of Finance 0 o o 0 TANK INES 3108 CENTRAL DRIVE PLANT CITY, FL 33567 813/754-4725 8001282-2031 8131754-3288 FAX October 18, 1990 CITY OF ROANOY~E, VIRGINIA BID NUMBER 90-10-16 TRANSPORTATION OF PICKLING LIQUOK BID OPENING: 2 PM OCTOBER 18, 1990 OFFICE OF GENERAL SERVICES, CITY OF ROANOKE Montgomery Tank Lines, Inc. (MTL), headquartered in Plant City, FL as authorized by the Interstate Commerce Commission umder MC-127840, herewith proposes to transport PICKLING LIqOOK, in bulk, in rubber-lined tank trailers, from Yorkville, OH to Roanoke, VA. MTL has been the City of Roanoke's exclusive carrier on this product for twelve (12) months. During that time, MTL has shown complete ability to meet the needs of the City of Roanoke in safe, specifically desigmed equipment, with trained, professional drivers. Not once during the past year has the City of Roanoke complained about MTL's service, equipment or personnel. MTL's price proposal is attached. Owing to the rapid increase in fuel prices since August, 1990 MTL has been absorbing abnormally high expenses in providing this transportation service, without price relief from the City of Roanoke. Nevertheless, MTL's service has been beyond reproach. MTL's price proposal for 1990-91 is subject to a fuel surcharge sliding scale (see attached). The uncertainty of the economic climate prevents MTL from proposing prices for the two optional, one-year periods. Respectfully submitted: Michael A. Grimm Vice President of Sales (800-448-2654) MAG/dkb 0280/76 "DEPEND ON MONTGOMERY--WE DEPEND ON YOU" PERIOD: PRICE PROPOSAL TRANSPORTATION OF PICKLING LIQUOR FROM: YORJiVILLE, OH TO: CITY OF ROANOKE, VA NOVEMBF~ i, 1990 THIiOUGH OCTOBER 31, 199i FREIGHT RATE: 170 cwt (cents per hundredweight) Minimum shipment weight: 46,000 lbs. FUEL SURCHARGE SLIDING SCALE FUEL PRICE PER GALLON* SURCHARGE PER SHIPMENT 0~ - 119.9~ $ 0. 120~ - 129.9~ $ 15. 130~ - 139.9~ $ 25. 140~ - 149.9~ $ 35. 150~ - 159.9~ $ 45. 160~ - 169.9~ $ 170~ - 179.9~ $ 65. 180~ - 189.9~ $ 75. 190~ - 199.9~ $ 85. 200~ - 209.9~ $ 95. 210~ - 219.9~ $105. *Fuel price per gallon will be determined by the Interstate Commerce Commission's Fuel Price Index~ which is reported/monitored twice weekly by calling 202-275-6787. (The index price as of 10/9/90 was 154.9~ per gallon. Office of the City Clerk November 7, 1990 File #58~184 Mr. ~. Robert Herbert City ~anager RoanoKe, Virginia Dear Mr. Herbert: 1 am attaching copy of Resolution No. 30300-110590 authorizing execution of a contract and related documents with Delta Dental Plan of Virginia, to provide group dental insurance for employees of the City and members of their families. Resolution No. 303~;0-110590 was adopted by the Council of the City of Roanoke at a regular meeting bela on Monday, November 5, 1990. Sincerely, ~ary F. Parker City Clerk CMC / AA E MFP : ra Eric . pc: Ns. Nancy J. Smith, Regional ~anager, Marketing, Delta Dental Plan of Virginia, 3807 Brandon Avenue, S. ~., Suite 360, Roanoke, Virginia 24018 Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Kenneth S. Cronin, Manager, Personnel Management Ms. Jayne ~. Smith, Benefits Coordinator and Room 456 Municipal Ruilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, lbe 5th Day of November, 1990. No. 30300-110590. VIRGINIA, A RESOLUTION authorizing the execution of a contract and related documents with Delta Dental Plan of Virginia to provide group dental insurance for employees of the City and members of their families. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a contract with Delta Dental Plan of Virginia, for group dental insurance for a term of two years beginning January 1991, and ending December 31, 1992, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Delta Dental Plan of Virginia and described in a report to Council by the City Manager dated November 5, 1990, and the attachments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1990, fully executed by Delta Dental Plan of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. Attest: City Clerk. Office of the City Clerk November 7, 1990 File #58-501-184 ~4r. ~'. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. HerDert: I am attaching copy of Resolution No. 30299-110590 authorizing execution of a contract and related documents with Blue Cross ana Blue Shield of Virginia, to provide group hospitalization and health insurance for employees of the City and members of their families. ~esolution No. 30299-110590 was adoptea Dy ~ne Council of the City of Roanoke at a regular meeting held on ~onday, November 5, 1990. Sincerely, ,Wary F. ParKer, C~C/AAE City Clerk ~FP:ra Enc. pc: Ur. S. Thomas Alcoke, Managing Consultant, Blue Cross and Blue Shield of Virginia, P. ~. Box 13047, Roanoke, Virginia 24045 Mr. George C. Sneaa, Jr., Director of Administration and Public Safety ~r. Kenneth S. Cronin, ~a~tager, Personnel ~a~agement Ms. Jayne ~. Smith, Benefits Coordinator Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th Day of November, 1990. No. 30299-110590. VIRGINIA, A RESOLUTION authorizing the execution of a contract and related documents with Blue Cross and Blue Shield of Virginia to provide group hospitalization and health insurance for employees of the City and members of their families. BE IT 1. the City, Virginia, RESOLVED by the Council of the City of Roanoke that: The City Manager is hereby authorized, for and on behalf of to execute a contract with Blue Cross and Blue Shield of for group hospitalization and health insurance for a term of one year beginning January 1, 1991, and ending December 31, 1991, and any other necessary and appropriate documents setting forth the obli- gations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Blue Cross and Blue Shield of Virginia and described in a report to Council by the City Manager dated November 5, 1990, and the attach- ments thereto. 2. Said contract shall be delivered, if possible, to the City not later than December 15, 1990, fully executed by Blue Cross and Blue Shield of Virginia and ready for execution by the City. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. Attest: City Clerk. Roanoke, Virginia November 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Selection of Health and Dental Insurance Providers following the expiration of the current contracts on December 31, 1990. BACKGROUND The present Comprehensive Health Insurance contract with Blue Cross and Blue Shield of Virginia (BC/BS) expires December 31, 1990. The present two year dental insurance contract with Delta Dental Plan of Virginia expires December 31, 1990. City currently contributes 90% towards the "employee only" rate for both health and dental insurance. Specifications were developed to obtain competitive proposals for the City's Group Health and Dental Insurance. Request for Proposals were completed which included one year contracts for the existing Health Insurance Plan and one and two year contracts for the Dental Insurance Plan. Thirty-one (31) agents/brokers were mailed Requests for Proposals on August 27, 1990. A listing of those agents/brokers is attached. (Attachment A) Advertisement of the Request for Proposals was published in the Roanoke Times and World News on August 26, 1990. Seven (7) responses for health insurance, six (6) for dental insurance and four (4) for vision care were received and publicly opened at 2:00 p.m. on Thursday, September 27, 1990 in the Office of the Manager of General Services. (See Attachment B) II. CURRENT SITUATION Medical Costs have escalated in recent years causing a direct increase in health insurance premiums. Health insurance providers are projecting a 20% regional cost trend increase in 1991 assuming a break even point between premiums and claims experience. Honorable Mayor and City Council Page 2 III. Claims Experience for the City of Roanoke between August 1, 1989 and July 31, 1990 was below the level of premiums for the same time period which is an indicator that employees are making a conscious effort to use health care benefits wisely and that cost containment and "wellness" features in our current plan are continuing to have a positive impact. Claims paid out during this period were $2,716,035 compared to $3,575,367 paid in premiums. Health Benefits Awareness Committee members played an active role in reviewing the City proposed options. Upon adoption of rates, the Committee will play an important role in communicating plan information to employees in all departments. Bid Committee was appointed by the City Manager to evaluate the current situation, review proposals and make recommendations. Ee Initial evaluations were made by the Bid Committee and the Department of General Services on the proposals. The health and dental care proposals met specifications and one (1) proposal offered vision care coverage only. City Attorney has advised that, in accordance with the City of Roanoke procurement code, negotiations are permissible under Section 23.1-6 for the procurement of Health Insurance Services. Informational meetings were conducted with Blue Cross and Blue Shield of Virginia and Delta Dental Plan of Virginia, who were deemed fully qualified to meet the City's needs and provided the requested services for lowest cost. Negotiations were conducted with Blue Cross and Blue Shield of Virginia for health insurance and Delta Dental Plan of Virginia for dental insurance following the guidelines of the City's procurement code. Retiree Health Care was pursued as an option following the premise that a pool of retirees who participate in health care insurance would be responsible for premium payments. While progress has been made toward this end, no recommendation can be made at this time. A. Coverage B. Compliance with Specifications C. Qualifications of the Selected Health Care Company D. Cost E. Funding Honorable Mayor and City Council Page 3 IV. ALTERNATIVES Council Approve the award of a contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1991 and ending December 31, 1991 and approve the award of a contract for Dental Insurance to Delta Dental Plan of Virginia for the period of two (2) years beginning January 1, 1991 and ending December 31, 1992. The City contributions will continue to be 90% of the "employee only" premium cost. Coverage provides for the same benefits including a comprehensive range of health maintenance benefits or "wellness" benefits such as well baby care and basic dental coverage while at the same time encouraging cost awareness. (See Attachment C) Blue Cross and Blue Shield of Virginia and Delta Dental Plan of Virginia complied with specifications of initial bid and responded to the negotiation process. Qualifications of the selected health care companies: a. Blue Cross and Blue Shield of Virginia Local marketing representatives to service the account by providing up-to-date information on benefits, trouble shooting problem areas and establishing a contact between physicians and employees. Established working relationship with the City and a clear understanding of the group's needs. Participating Network of doctors, hospitals and other providers of health care services that file and accept Blue Cross and Blue Shield's determination of the usual, customary, and reasonable fee as payment in full. Special Customer Service Unit to specifically handle City claim problems on a timely basis. Honorable Mayor and City Council Page 4 Cost a. "Lifestyle" newsletter - a new educational publication will be made available to employees quarterly to promote a wellness attitude. This benefit will be provided at no cost to the City by Blue Cross and Blue Shield of Virginia. COBRA Administration which allows employees who leave the City and their dependents to continue their coverage for eighteen or thirty-six months under the City's plan would be provided for 2% of each continuing participant's monthly premium. Delta Dental Plan of Virginia Local marketing representatives to service the account. Participatin~ Network of dentists with 75% participation in the Roanoke Valley. Choice of type of coverage is optional and separate from health insurance. Established workin~ relationship with the City and a clear understanding of the group's needs. Monthly rates remain constant for the period of the contracts. The rates are as follows: Health Insurance Rates would remain the same as the current 1990 rates with no increase in premiums and no change in coverage. Employee $134.46 Employee/Child 193.66 Family 314.70 2. Dental Insurance Rates would increase. Employee $ 9.32 Employee/Dependent 16.00 Family 27.26 Honorable Mayor and City Council Page 5 Employee Cost after City Contribution would be as follows: HEALTH ADDITIONAL PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 13.46 $ 6.73 -0- Employee/Child 72.66 36.33 -0- Family 193.70 96.85 -0- DENTAL ADDITIONAL PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 1.32 $ .66 .09 Employee/Dep. 8.00 4.00 1.03 Family 19.26 9.63 .68 Present City contribution toward health insurance would remain at $121.00 per participating employee per month. Present City contribution toward dental insurance is $7.00 per participating employee per month. The new contribution toward dental insurance is $8.00 which represents a $1.00 increase per participating employee per month. Maximum Potential Cost - The health insurance premiums for 1991 are projected at $4,069,230 based on the current enrollment data. This includes a reserve account to be held by the City to provide for any claims cost that would be incurred within twenty-four months of the termination of this contract. The dental insurance premiums for 1991 are projected at $297,114 based on current enrollment data. Budget Impact - The annualized increase in the employer funding requirements for health insurance is $135,348 and for dental insurance is $19,380. Funding is available in the adopted 1990-91 operating budgets for the increased cost of health and dental insurance to provide for the City's portion of the expense of this alternative. Council Approve the award of a contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1991 and ending December 31, 1991 for coverage with reduced health insurance benefits as shown in Attachment D and approve the award of a contract for Dental Insurance to Delta Dental Plan of Virginia for the period of (2) two years beginning January 1, 1991 and ending December 31, 1992. The City contribution would decrease and remain at 90% of the "employee only" cost. Honorable Mayor and City Council Page 6 Coverage is provided at a lower level of benefits than the current City plan while continuing to offer a comprehensive range of health maintenance benefits or "wellness" benefits such as well baby care and basic dental coverage while at the same time encouraging cost awareness. (See Attachment D) Blue Cross and Blue Shield of Virginia and Delta Dental Plan of Virginia complied with specifications of initial bid and responded to the negotiation process. (Same as Alternative A) Qualifications of Blue Cross and Blue Shield of Virginia and Delta Dental Plan of Virginia would remain the same as in Alternative A. Cost Monthly rates remain constant for the period of the contracts. The rates are as follows: 1. Health Insurance Rates Employee - $131.70 Employee/Child - 189.70 Family - 308.28 2. Dental Insurance Rates would increase. Employee $ 9.32 Employee/Dep. 16.00 Family 27.26 Employee Cost after City Contribution would be as follows: HEALTH REDUCED PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 12.90 $ 6.35 .38 Employee/Child 70.90 35.35 - .98 Family 189.28 94.64 -2.21 DENTAL ADDITIONAL PROPOSED PROPOSED BI-WEEKLY MONTHLY BI-WEEKLY COST Employee $ 1.32 $ .66 .09 Employee/Dep. 8.00 4.00 1.03 Family 19.26 9.63 .68 Honorable Mayor and City Council Page 7 Present City Contribution is $121.00 per participating employee per month. The new contribution based on "employee only" cost, is $119.00, a $2.00 decrease per participating employee per month. Present City contribution toward dental insurance is $7.00 per participating employee per month. The new contribution toward dental insurance is $8.00 which represents a $1.00 increase per participating employee per month. dj Maximum Potential Cost - The health insurance premiums for 1991 are projected at $3,853,392 based on the current enrollment data. This includes a reserve account to be held by the City to provide for any claims cost that would be incurred within twenty-four months of the termination of this contract. The dental insurance premiums for 1991 are projected at $297,114 based on current enrollment data. Budget Impact - The annualized decrease in the employer funding requirements for health insurance is $41,352 and the increase for dental insurance is $19,380. Funding is available in the adopted 1990-91 operating budgets for the cost of health and dental insurance to provide for the City's portion of the expense of this alternative. RELATIONS Council Approve the award of the contract for Health Care Insurance to Blue Cross and Blue Shield of Virginia for the period of one (1) year beginning January 1, 1991 and ending December 31, 1991 for the coverage and rates described under Alternative A of this report, and under the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in said report, and authorize the City Manager to execute the same in form as approved by the City Attorney and with the understanding that Blue Cross and Blue Shield of Virginia provide the City Manager with said contract, ready for execution no later than December 15, 1990. Honorable Mayor and City Council Page 8 Council Approve the award of the contract for Dental Insurance to Delta Dental Plan of Virginia for the period of two (2) years beginning January 1, 1991 and ending December 31, 1992 for the coverage and rates described under Alternative A of this report, and under the terms and conditions contained in the City's present contract with such firm, except as otherwise noted in said report, and authorize the City Manager to execute the same in form as approved by the City Attorney and with the understanding that Delta Dental Plan of Virginia provide the City Manager with said contract, ready for execution no later than December 15, 1990. Council Approve Alternative A and increase the City contribution from $7.00 per employee per month to $8.00 per employee per month beginning in December of 1990 for Dental Insurance. Funding was anticipated during the Fiscal Year 1990-91 Budget Study and provided in the adopted departmental operating budgets. WRH:jb CC: George C. Snead Joel M. Schlanger Wilburn C. Dibling Kenneth S. Cronin Jayne M. Smith Respectf y submitted, W. Robert Herbert City Manager ATTACHMENT A INSURANCE BID LIST 1991 Bid Opening - August 27, 1990 Bid Number - 90-8-48 Aetna Attn: Kathy Coleman P. O. Box 1538 Lynchburg, VA 24505 Benefit Consultant Service Attn: Charles Lascola P. O. Box 6096 Newport News, VA 23606 Benefit Plan Administrators Attn: Arnold Masinter 101 South Jefferson Street Roanoke, VA 24011 Blue Cross & Blue Shield of VA Attn: Tom Alcoke P. O. Box 13047 Roanoke, VA 24045 Blue Cross & Blue Shield (TPA) Attn: Roy Allison P. O. Box 32070 Richmond, VA 23260 CNA Attn: Larry Cummings 1601 Rolling Hills Drive, Richmond, VA 23288 Suite 101 Chaney, Thomas Stephenson & Hill P. O. Box 1600 Roanoke, VA 24007 Charles Lunsford Frank B. Hall Co. P. O. Box 2571 Roanoke, VA 24010 D & S Life Insurance Attn: Bill Kite P. O. Box 629 Roanoke, VA 24004 Delta Dental Plan of Virginia Attn: Tom Booker 3807 Brandon Avenue, SW Suite 360 Roanoke, VA 24018 Duke and Company Attn: Henry Duke Seven South Jefferson Street Roanoke, VA 24011 General American Life P. O. Box 470187 Charlotte, NC 28226-0187 Hartford Insurance Group 7800 Carousel Lane Richmond, VA 23229 Insurance Associates Attn: Carter Garrett P. O. Box 4607 Roanoke, VA 24015 Jefferson Pilot Life Ins. Attn: Group Department P. O. Box 20727 Greensboro, NC 27420 CO. Life Insurance Co. of Georgia Attn: Glenn Bowman 4530 Park Road Suite 323D Charlotte, NC 28209 Life of Georgia Attn: Jim Huffman P. O. Box 7457 Roanoke, VA 24019 McDonough Caperton Employee Benefits Attn: Patton Coles P. O. Box 1300 Roanoke, VA 24006 ATTACHMENT A PAGE 2 Metropolitan Life Attn: Donald Pierce P. O. Box 4527 Roanoke, VA 24015 Mutual of New York 34 Campbell Avenue, SW Suite 110 Roanoke, VA 24011-1302 Mutual of Omaha Insurance Co. P. O. Box 20569 Roanoke, VA 24018 National Capital Administrative Services Attn: Dave Kreager 3702 Pender Dr. Suite 200 Fairfax, VA 22030 New York Life Insurance P. O. Box 3160 Roanoke, VA 24038 Co. John P. Pearl Attn: Linda Herbert 6620 West Broad, Suite 300 Richmond, VA 23230-1720 Provident Life and Accident Attn: Jess Tincher Chantilly Executive Offices 14325 Willard Road Chantilly, VA 22021 Providers Allcare Attn: Susan Lynch 110 Campbell Avenue, Roanoke, VA 23225 SW Prudential Insurance Company Thomas G. Karrasch, CLU 1802 Electric Road, SW Roanoke, VA 24018 Travelers Attn: Dave Larson P. O. Box 8368 Roanoke, VA 24014 Tucker Administrators Attn: Benji Craft P. O. Box 470068 Charlotte, NC 28226-0068 Vision Care Services 8601 Georgia Avenue, Suite 708 Silver Spring, MD 20910 R. L. Wood Insurance Agency Attn: R. L. Wood 2929 Melrose Avenue Roanoke, VA 24017 Attachment B COMPANIES RESPONDING TO REQUEST FOR PROPOSALS Anthem Life Insurance Company of Florida Presented by Insurance Associates Benefit Plan Administrators Blue Cross and Blue Shield of Virginia Delta Dental Plan of Virginia Duke and Company National Claims Administration Services, Tucker Administrators Total Program Administrators Vision Service Plan Inc. HEALTH DENTAL VISION X X X X X X X X X X X X X X X X X 0 4.1 Office of the City Clerk November 7, 1990 File #58-300-429 Mr. David A. Bowers, Chairman Audit Committee Roanoke, Virginia Mr. ~. Robert ~erbert City Manager Roanoke, Virginia Gentlemen: At the regular meeting of the Council of on Monday, November 5, 1990, the matter coverage for City retirees was referred and to 1991-92 Budget Study. Sincerely, :7. Mary ~. Parker, City Clerk the City of Roanoke held- of Droviding health care to the Audit Committee CMC/AAE ~FP:ra pc: Mr. ~r. Mr. Joel ~. Schlanger, Director of Finance Robert H. Bird, Acting Municipal Auditor Barry L. Key. Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk November 7, 1990 File #67-85 ,~r. ~. Ftobert Herbert City ~4anager RoanoKe, Virginia Dear Mr. Herbert: I am at[ac~ing copy of ©rainance No. 30301-~10590 designating the official name of a certain City plaza located on the northeast corner of Luc~ Avenue and South Jefferson Street as the "CRESTAR P~4ZA," and directing amenament of the Comprehensive Parks a~d decreation Plan. Ordinance No. ~301-1~59u was adopted by the Council of t~e City of ~oanoke at a regular meeting held on Monday, November 5, 1990. Sincerely, A4ary ~. Parker, C~C/AAE City Clerk MFP:ra Eno. pc: ~r. P. Robert E. Lawson, President-Roanoke, Crestar Bank, O. Box 2867, Roanoke, Virginia 24011-2867 ~r. ~illiam F. Clark, Director of Public Works Mr. Charles ~. ~uffine, City Engineer Mr. John R. Marlles, Chief of Community Planning Mr. George C. Sneaa, Jr., Director of Administration Public Safety ~r. Gary N. Fenton, ~aintenance Manager, Parks and Recreation/Grounds and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, Ihe 5th Day of November, 1990. No. 30301-110590. VIRGINIA, AN ORDINANCE designating the official name of a certain City plaza located on the northeast corner of Luck Avenue and South Jefferson Street as the "CRESTAR PLAZA," directing the amendment of the Comprehensive Parks and Recreation Plan, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Mr. William F. Hawkins, Past President, Crestar Bank, requested in a letter to the Director of the Department of Public Works that the name of the plaza on the northeast corner of Luck Avenue and Jefferson Street be named CRESTAR PLAZA; 2. That the plaza was originally constructed by the City in 1978 on a parcel of land which was formerly a portion of the Downtown East Redevelopment Area and which was accepted by the City and designated for public use on October 9, 1978, by Ordinance No. 24366; 3. That On April 13, 1981, the City Council, by Resolution No. 25531, approved and adopted a Parks and Recreation Plan as an element of the City's Comprehensive Plan; 4. That the plaza is included in the-Parks and Recreation Plan; 5. That the Parks and Recreation Plan continues to be an element of the Comprehensive Plan; 6. That the Planning Commission considered the request to name the plaza at a regularly scheduled meeting and found that naming the plaza "CRESTAR PLAZA" would help avoid public con- fusion; 7. That the Planning Commission voted to recommend that the request be approved and that the Parks and Recreation Plan be amended to reflect the change; 8. That the City Council concurs in the recommendation of the Planning Commission; 9. That the plaza on the northeast corner of Luck Avenue and South Jefferson Street is hereby named the "CRESTAR PLAZA"; 10. That the appropriate City personnel are directed to amend the City's Parks and Recreation Plan consistent with this ordinance; and 11. That in of the municipal this ordinance shall be in order to provide for the usual daily operation government, an emergency is deemed to exist, and full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Planning Commission November 5, 1990 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request to Rename Colonial Plaza Mr. William F. Hawkins, Past President, Crestar Bank, requested, before his departure, that the name of the plaza in front of the bank building located on Jefferson Street be changed to Crestar Plaza to reflect the merger of Colonial American National Bank into Crestar Bank. The plaza was originally constructed by the City in 1978 on a parcel of land which was formerly a portion of the Downtown East Redevelopment Area and is included in the City's Comprehensive Parks and Recreation Plan, dated January, 1981. The Planning Commission considered this request at its December 6, 1989, meeting, and voted to recommend that the request be approved and that the Comprehensive Parks and Recreation Plan be amended to reflect the change. Renaming of the plaza to reflect the major tenant of the building would be appropriate and would help avoid public confusion. Please note for the record that I abstained from the discussion and vote on this matter given my employment with Crestar. Respectfully submitted, Paul C. Buford,~Jr., Vice Chairman Roanoke City Planning Commission PCB:JRM:mpf cc: Assistant City Attorney Director of Public Works Director, Administration and Public City Engineer Manager, Parks and Recreation Safety Rc~m 355 Municipal Building 215 Churah Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Crestar Bank .10 Franklin Road, SE , P.O. Box 2867 Roanoke, Virginia 24011-2867 ' (703) 982-3247 William F. Hawkins President - Roanoke October 30, 1989 Mr. William F. Clark · Director of Public Works City of Roanoke 215 Church Avenue, SW Room 354 Roanoke, Virginia 24011 Dear Mr. Clark: This letter serves as notification of the name change from Colonial Plaza to Crestar Plaza effective with the merger of Colonial American National Bank into Crestar Bank. My secretary Beverly Sellers informed me you indicated on the telephone today you will take care of notifying the City Clerk's office of this change. Thank you for your assistance and if you need any additional information, please contact Beverly Sellers at 982-3050. Very cordially yours, William F. Hawkins /bas Office of the City Clerk November 7, 1990 File #288 ,~r. ~. Robert Herbert City Manager Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Resolt, tion No. 30302-110590 revokiag acceptance of the bia of Strahle Construction Company, Inc., for asbestos aOatement at 118 124 Campbell Avenue, S. W., and author zing you to proviae appropriate notification to said com- pany. Resolution No. 30302-110590 was aaopted by the Council of the City of Roanoke at a regular meeting bela on Monday, Novemoer 5, 1990. Sincerely, Mary F. Parker, City Clerk C,!4C/AA E MFP : ra Eric. pc: ,Hr. Joel M. Schlanger, Director of Finance William F. Clark, Director of Public ~orEs Charles ~. Huffine, City Engineer Ns. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and ~perations Ms. Dolores C. Daniels, Assistant to the City ~anager Community Relations for Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, lhe 5th Day of November, 1990. No. 30302-110590. VIRGINIA, A RESOLUTION revoking the acceptance of the bid of Strahle Construction Company, Inc. for asbestos abatement at 118 - 124 Campbell Avenue, S. W. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Acceptance of the bid of Strahle Construction Company, Inc. for asbestos abatement at 118 - 124 Campbell Avenue, S. W. in the amount of $55,005.00 authorized by this Council by Reso- lution No. 30095-61190 is hereby REVOKED and Resolution No. 30095-61190 is hereby REPEALED. 2. The City Manager is authorized to notify Strahle Construction Company, Inc. that based upon its failure to meet the project insurance requirements as set forth in the contract documents, the bid of Strahle Construction Company, Inc. is hereby rejected and any pending contracts are revoked. ATTEST: City Clerk. Roanoke, Virginia November 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Su ject. Bid Committee Report Asbestos Abatement 118-124 Campbell Avenue, S.W. Roanoke, Virginia I. Background: Ae City Council, at its January 16, 1990 meeting, publicly opened and read aloud the bids received for the Asbestos Abatement at 118-124 Campbell Avenue, S.W. Six (6) bids were received with Strahle Construction Company, Inc. submitting the low bid in the amount of $55,005.00 and 2__~5 consecutive calendar days. De Once this bid amount was determined, the Administration wanted to evaluate the total project cost, including a pro- fessional estimate of construction costs. Strahle Construction Company, Inc. was asked to retain their bid price until the preliminary design of the project was completed by Horner and Associates, Architects, and then an estimate of construction prepared. A time extension was granted to the City by Strahle Construction Company, Inc. Contract was awarded to Strahle Construction Company, Inc. by Council on June 11, 1990, in the amount of $55,005.00 and 25 consecutive calendar days. -- Contract was submitted to Strahle Construction Company, Inc. for signatures and their bonding and insurance coverage. When these items were returned to the City, it was found that Strahle's insurance did not meet the requirements of the Contract Documents. Since Strahle had given the City time to prepare a total project estimate, they were given permission to arrange for insurance that would comply with the require- ments of the Contract Documents. After much discussion and time, Strahle still has not been able to submit the required insurance coverage. (Their policy does not provide the required level of coverage and has a limitation of five years for their liability in relation to asbestos abatement.) Page 2 II. III. IV. Current Situation: A. City Council needs to reject the bid of Strahle Construction Company, Inc. Issues in order of importance are: A. Compliance of the bidder with the requirements of the Contract Documents. B. Amount of the low bid. C. Funding of the project. D. Time of completion. Alternatives are: A. Reject the bid of Strahle Construction Company, Inc. and do not award a contract at this time. 1. Compliance of the bidder with the requirements of the Contract Documents was not met. The insurance require- ments were not met when submitted with the contract. (See attachment from City Risk Management Officer.) 2. Amount of the low bid was acceptable. 3. Funding will not be encumbered but will remain in the project account. 4. Time of completion is acceptable. B. Award a lump sum contract to Strahle Construction Company, Inc. in the amount of $55)005.00 and 25 consecutive calendar days for Asbestos Abatement in 118-12~-Campbell Avenue pro- perties in accordance with the Contract Documents as prepared by the City Engineer's office. 1. Compliance of the bidder with the insurance requirements of the Contract Documents would have to be met. 2. Amount of the low bid would remain the same. 3. Funding would have to be encumbered. 4. Time of completion would remain as quoted. Page 3 Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative 'A'. Authorize the City Manager to reject the contract with ~-Fahle Construction Company, Inc. on the grounds of not meeting the Contract Document requirements for project insurance. Respectfully submitted, William White, Chairman JKit B. Kiser WW/LBC/mm Attachment: Communication from Risk Management Officer cc: City Manager City Attorney Director of Finance Citizen's Request for Service Construction Cost Tehcnician CITY OF ROANOKE IN 'A'F~/~DEPARTMENTAL COMMUNICATION OFFICE OF RISK MANAGEMENT DATE: TO: FROM: SUBJECT: October IS, 1990 Sarah E. Fitton, Construction Cost Technician Lauren G. Eib, Risk Management Officer~ Campbell Avenue Historical Properties Asbestos Removal Contract/Strahle I have reviewed the Certificate of Insurance that the Strahle Construction Co. provided the City. The automob/le and worker's compensation insurance policies meet the City's insurance specifications. The certificate shows an asbestos removal endorsement included under the general liability policy. The liability policy limits are $1 million with a 5 year sunset clause. The liability policy does not meet the City's insurance specifications in both its limits end sunset clause. If you have any questions, please contact me. LEG/tlw Roanoke, Virginia November 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Asbestos Abatement 118-124 Campbell Avenue, S.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Citizens' Request for Service Construction Cost Technician Office of the City Clerk November 27, 1990 ~4r. James D. ~4eadows, Jr. Sec re tary/Treasurer Strahle Construction Company, 40 Cedar Avenue Vinton, Virginia 24179 [nc. Dear ~r. ,~eadows: At the regular meeti~g of the Council of the City of Roanoke held on ~4onday, November. 5, 1990. Council adopted Resolution No. 30302-110590 revoking acceptance of the bid of Strahle Construction Company, Inc., for asbestos abatement at 118 124 Campbell Avenue, S. ~'., inasmuch as requirements for project insurance were not met. Therefore, I am returning your cashier's check which was deposited with your bicl, in the amount of $2,890.00. Please sign the enclosed receiot and return same to me for my fi les. Sincerely, Wary F. Parker, CMC/AAE City Clerk ~FP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981.2541 STRAHLE ASBESTOS CONTRACTORS EO. Box 13986 Roanoke, VA 24038-3986 FAX (703) 345-4575 40 Cedar Ave. Vinton, VA 24179 Phone {703) 345-4572 November Mr. L. Bane Coburn City of Roanoke Room 350 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 ~' *',-,r. OF Cl,~ ENOINF. EE , ~ NOKE .... .... Dear Mr. Coburn: In response to your letter of November 6, 1990, Strahle Construction Company will pay for the temporary power hook up at 118-124 Campbell Avenue. Please see that our bid bond check is returned, and we appreciate your assistance in this matter. We look forward to working with you on future projects. Sincerely STRAHLE CONSTRUCTION COMPANY, Rebecca Meadows President INC. Office of the City Clerk November 7, 1990 File #207-2 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Ur. Herbert: I am attaching cody of Qrdinance No. 30285-110a90 authorizing the consent to the assignment of a Real Estate Option Agreement fo~ the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, to Arden Associates L.P.; and authorizing execution of t~e requisite documents. Ordinance No. 30285-110590 was adopted Dy the Council of the City of Roanoke on first reading on Monday, October 22, ~990, also adopted by the Council on secona reading on Monday, November 5, 1990, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, C~4C/_~4E City Clerk ~FP:ra Eric . pc: Mr. ~illiam W. Terry, III, Esquire, ~etherington and ~etchionna, 1100 Crestar Bank Building, Roanoke ~irginia 24011 ' Mr. ~illiam F. Clark, Director of Public gorks ~r. Charles ~. Huffine, City Engineer Mr. Barry L. Key, Manager, Office of Management and Budget Mr. Brian J. ~ishneff, Chief of Eco'nomic Deveto~met~t ,~s. Lauren G. Eib, Risk Management Officer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th Day of November, 1990. No. 30285-110590. VIRGINIA, AN ORDINANCE authorizing the consent to the assignment of a Real Estate Option Agreement for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Technology to Elizabeth Arden Company, to Arden Associates L. P., and authoriz- ing the execution of the requisite documents. WHEREAS, Elizabeth Arden Company has requested the City's consent to the assignment of a Real Estate Option Agreement between the City of Roanoke and Elizabeth Arden Company for the sale of approximately 28.26 acres of land within the Roanoke Centre for Industry and Tech- nology, which Option was authorized by this Council by Ordinance No. 30221-91790, and executed on behalf of the City on September 28, 1990. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager or the Assistant City Manager and the City Clerk are authorized, for and on behalf of the City, to execute and attest, respectively, the appropriate document consenting to the assignment of the Option, upon form approved by the City Attorney, in accordance with the recommendation contained in the report of the City Manager, dated October 22, 1990. . ATTEST: City Clerk. October 22, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Assignment of Option at RCIT from Elizabeth Arden Company to Arden Associates L.P. I. Background: Elizabeth Arden Company, after an extensive search chose a 28.257 acre site, identified as Parcel 4 (Tax Map Number 7210101) in the Roanoke Centre for Industry and Technology (RCIT) for the location of a new office/distribution facility. Ordinance Number 30221-91790 was adopted by the Council of the City of Roanoke on September 17, 1990 authorizing the execution of an Option for the sale of Parcel 4 (Tax Map Number 7210101) in the RCIT to Elizabeth Arden Company and authorizing the execution of the requisite deed conveying such property. Co Terms of the O~tion provided the right of either Grantor or Grantee to assign the Option, either before or after the exercise of the Option, with the written consent of the other party to the Option. (Paragraph 14, Option attached) II. Current Situation: Elizabeth Arden Company desires to assign the Option to Arden Associates L.P., who will develop and lease the property to Elizabeth Arden Company. Arden Associates L.P. is a limited partnership of LINGERFELT, a Richmond-based development firm chaired by Alan T. Lingerfelt. III. Issues: A. Timing. B. Economic Development program. IV. Alternatives: Consent to Elizabeth Arden Company's request to assign their rights under the Option to Arden Associates L.P. ~EAL ESTATE OPTION AGREEMENT THIS REAL ESTATE OPTION AGREEMENT (hereinafter referred to as "Option"), made this .28th day of ~, 1990, by and between CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "Grantor"), and ELIZABETH ARDEN COMPANY (hereinafter referred to as "Grantee"). WI TNE S S E TH: 1. GRANT OF OPTION. For and in consideration of the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor gives and grants to Grantee, its suc- cessors and assigns, the exclusive and irrevocable right and option to purchase the property more particularly described in Section No. 2 of this Option, together with all easements, rights and appurtenances attached thereto, and all improvements thereon (hereinafter referred to as the "Real Estate"). This Option shall be subject to all applicable restrictions of record, ordinances, regulations, codes and statutes. as 2. DESCRIPTION OF REAL ESTATE. The Real Estate is follows: The parcel in the City of Roanoke, Virginia, consisting of approximately 28.26 acres, more particularly described on the map attached hereto, labeled Exhibit "A" and incorporated by reference herein, together with all ease- ments, rights-of-way, water rights, appurte- nances and improvements, thereto belonging. described 3. TERM OF OPTION. This Option shall commence on the date and at the time of execution of this Option by Grantor. If not sooner exercised, this Option shall expire at 11:59 p.m., one hundred and twenty (120) calendar days after said execution, and thereafter shall be null and void. 4. EXERCISE OF OPTION. This Option shall be deemed validly and effectively exercised if notice of the exercise hereof is received by Grantor on or before the expiration date and time of such Option. The exercise of this Option shall result in Grantor selling and conveying the Real Estate to Grantee, and Grantee purchasing and accepting the Real Estate from Grantor, for the amount of the Purchase Price, subject to the terms and conditions contained in this Option. 5. FAILURE TO EXERCISE OPTION. If Grantee does not exer- cise this Option as herein provided, and Grantee has not notified Grantor in writing of the failure of any conditions of sale or of its determination that one or more of said conditions cannot be or has not been satisfied, then all monies paid by Grantee shall be retained by Grantor, free of all claims of Grantee, and neither party shall have any further rights or claims against the other. $. TESTING OF REAL ESTATE. After the execution of this Option by Grantor and Grantee, and before the exercise of this Option by Grantee, Grantee may enter upon the Real Estate and per- form all surveying, engineering, soil borings and other tests and - 2 - acts deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee. Any such tests and Acts shall be at Grantee's cost and expense, and Grantee hereby agrees to defend, indemnify and save harmless Grantor from and against all claims, loss, damages, costs and expenses, including reasonable attorneys' fees, because of per- sonal injury or death of persons or destruction or damage to pro- perty resulting from, arising out of, or related to Grantee's entry upon property pursuant to this paragraph. Should such tests and acts reveal material deficiencies which prevent Grantee from using the Real Estate for Grantee's intended uses and purposes, Grantee may terminate this Option with no further duties or obli- gations. If Grantee terminates this Option under this paragraph, then Grantee shall return the Real Estate to its condition on the date of the execution of this Option and forfeit a pro rata share of the consideration paid for the granting of this Option, or, in the event of an extension of this Option, a pro rata share of the consideration paid for the extension of this Option. Said pro rata share shall be determined on a month-to-month basis, ex- cept in the case of a fraction of a month, in which case, said pro rata share shall be determined on a daily basis. All deficien- cies, material or otherwise, revealed by any engineering, soil borings or other tests and acts, but not surveying, deemed necessary by Grantee to satisfy Grantee that the Real Estate is suitable for the uses and purposes intended by Grantee performed under this paragraph, shall be waived upon the exercise of this Option. - 3 - 7. PURCHASE PRICE. The purchase price for the Real Estate shall be SEVEN HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS ($708,500.00). 8. PAYMENT OF PURCHASE PRICE. The purchase price for the Real Estate shall be payable at closing. The aforesaid considera- tion paid by Grantee for this Option, or any extension thereof, shall be applied to the purchase price payable upon closing, and Grantee shall receive credit therefor at closing. 9. TITLE. Grantor hereby represents and warrants to Grantee that the Grantor's title to the Real Estate is good, merchantable and marketable fee simple title, except for all lawfully recorded easements, conditions, restrictions, and agreements that lawfully apply to the Real Estate, said exceptions not to include any lawfully recorded easements, conditions, restrictions or agreements which lawfully apply to the Real Estate but which are recorded subsequent to the date of execution of this Option and prior to the date of Closing. Grantee shall be entitled to per- form a record search of the documents and records pertaining to the title of the Real Estate at its own expense. Such search, however, shall be completed within ninety (90) days from the date of this Option. Grantee shall notify Grantor in writing of any material title or survey objections. Should such notice be given, Grantor shall have a period of thirty (30) days after receipt of such notice from Grantee in which to correct any such objections to title or survey. If Grantor is unable to correct Grantee's material title and survey objections within thirty (30) days after receipt of written notice thereof, then Grantee thereafter shall have the right at any time, at its election, to cancel and termi- - 4 ~ nate this Option and receive a refund of all monies paid to Grantor hereunder, unless Grantee elects in writing to waive such title and survey objections. From the date of this Option until the date of Closing, Grantor shall take no action which will preclude Grantor from conveying good, merchantable and marketable fee simple title. Except as has been disclosed to Grantee by Grantor in writing, there are no existing or proposed or contemplated plans to widen, modify or realign any right-of-way currently contiguous to the Real Estate, or any existing or proposed or contemplated eminent domain proceedings, which affects the Real Estate in any way whatsoever, and there are no presently pending or planned public improvements which will result in any charge being levied or assessed against, or will result in the creation of any lien upon, the Real Estate. The Real Estate, to it, is connected payment of usual and or any public right-of-way contiguous to, will be connected to (with the customary installation or tap-on fees), or is capable of being connected to, water, sewage disposal, storm drainage, electricity, gas and telephone facilities, and the same are, or can be, so connected, in accordance with all applicable laws and ordinances, rules and regulations of all public or quasi-public authorities having or claiming juris- diction thereover. - 5 - 10. CLOSING. The Closing shall be held at the Office of the City Attorney of the City of Roanoke, Virginia, sixty (60) days after the exercise of this Option, unless reasonable extensions of time are necessary. Such reasonable extensions of time shall be in writing signed by the Grantor and the Grantee. At closing, Grantor shall execute, acknowledge and deliver to Grantee a general warranty deed, with English covenants of title conveying the Real Estate to Grantee, subject to all lawfully recorded easements, conditions, restrictions, and agreements that lawfully apply to the Real Estate. Grantor also shall execute, acknowledge. and deliver any other approriate instruments, documents and assurances required or requested by Grantee or a title insurance company consistent with this Option in order to consummate this transaction and effect the conveyance of the Real Estate to Grantee as herein provided, including, without limitation, a vendor's affidavit in form satisfactory and acceptable to Grantee's counsel. Possession of the Real Estate shall be delivered to Grantee at the closing, in the same condition as it now is, ordi- nary wear and tear only excepted. If any of the deadlines in this Option fall after the scheduled date of closing, the date of clos- ing shall be extended on a day-to-day basis to provide for the full term of said deadlines. 11. ~AXES. Grantee shall become liable for the pro rata share of the real estate taxes which become due from and after the date of closing. 12. IMPROVEMENTS. In accordance with the Deed of Restrictions found at Book 1495, page 1797, in the Office of the Circuit Court Clerk for the City of Roanoke, Grantee shall seek approval of a site plan for a warehouse and distribution center for order pro- cessing, customer service, returned goods processing, export operations and the national distribution of products, of no less than 200,000 square feet (hereinafter referred to as the "Improvements',), prior to closing. The construction of the Improvements shall be commenced by Grantee within one (1) year after the date of this Option, and Grantee shall complete con- struction of the Improvements and obtain a permanent certificate of occupancy within three (3) years after the date of this Option. If Grantee does not commence construction of the Improvements within one (1) year after the date of this Option, Grantor shall have the right to purchase the Real Estate, and Grantee must sell the Real Estate to Grantor, for Six Hundred Eighty-One Thousand Five Hundred for off-site roads. Dollars ($681,500.00). Grantor shall incur no cost improvements, including installation of utilities and The contemplated Improvements to the extent described in this Option are authorized by and in compliance with all existing zon- ing laws, ordinances, rules and regulations applicable to the Real Estate. 13. RISK OF LOSS. All risk of loss or damage to the Real Estate by fire, windstorm, casualty, or other cause is assumed by Grantor until the date of closing. In the event of loss or - 7 - damage to the Real Estate before closing, Grantee shall have the option of either terminating this Option by sending a Notice of Termination to Grantor and recovering a pro rata share of the price paid for this Option, or affirming this Option in writing. The pro rata share of the price paid for this Option shall be determined as of the date by which the Notice of Termination is received by Grantor. 14. ASSIGNMENT. Either Grantee or Grantor may assign this Option, either before or after the exercise of this Option, with the written consent of the other party to this Option. Such con- sent shall not be unreasonably withheld. Grantor acknowledges that Grantee intends to assign this Option to an affiliate or other entity for the exercise of this Option and subsequent leasing of the Real Estate to Grantee. The consent of Grantor shall be given, if at all, by the governing body of Grantor or its lawful designee. For purposes of Section 9 of the Deed of Restriction for the Roanoke Centre for Industry and Technology, Grantor hereby waives its right of first refusal to the first transfer of this Option by Elizabeth Arden, as Grantee, to any affiliate or developer, as long as Grantee or one of its affiliates will be the tenant of the Real Estate subsequent to such transfer. Upon any such assignment, any reference in this Option shall be a reference to the assignee, and the assignee shall have all the rights and obligations of Grantee hereunder, and Grantee shall thereupon, automatically and without the execu- tion of further instruments or documents, be relieved and released - 8 - from all those obligations hereunder. Upon any such assignment by the Grantor, any reference in this Option shall be a reference to the assignee, and the assignee shall have all the rights and obligations of the Grantor hereunder, and Grantor shall thereupon, automatically and without the execution of further instruments and documents, be relieved and released from all those obligations hereunder. 15. SUCCESSORS. The parties agree and fully understand that this Option shall be binding upon the parties, their heirs, successors, assigns and trustees. 16. REAL ESTATE BROKER. Each of the parties represents and warrants to the other that there are no commissions due in connection with this transaction or the Real Estate, that each has not employed and is not obligated to any real estate agent or broker in connection with this transaction or Estate, and that each shall indemnify the other against all claims and shall survive the Real liability for any such commissions, the closing. any and which indemnity 17. ~EMEDiES. If Grantee exercises this Option but there- after fails or refuses to perform its obligations thereunder upon closing, Grantor, as its sole remedy, shall be entitled to retain all monies paid by Grantee for this Option and any extension thereof as liquidated damages. 18. ENTIRE AGREEMENT. This Option contains and consti- tutes the entire agreement of the parties regarding the subject - 9 - matter hereof, and there are no other agreements, written or oral, between the parties affecting the subject matter hereof. No amendment of this Option shall be effective unless the same is made in writing and signed by the parties hereto. 19. NOTICES. All notices, requests and other correspon- dence relating to this Option shall be either given in per- son or sent by certified mail, postage prepaid, by each party to the other party hereto at the addresses specified b~low, or at such other address as a party may by written notice give as the address to which such further notices, requests and correspondence shall be sent hereunder: GRANTOR: W. Robert Herbert, City Manager City of Roanoke 364 Municipal Building Roanoke, Virginia 24011 WITH COPY TO: GRANTEE: WITH COPY TO: Wilburn C. Dibling, Jr., City Attorney 464 Municipal Building Roanoke, Virginia 24011 ELIZABETH ARDEN COMPANY 55. E. 52nd Street Park Avenue Plaza New York, NY 10055 William W. Terry, III, Esquire Wetherington & Melchionna 1100 Crestar Bank Building Roanoke, Virginia 24002 20. CONSTRUCTION. The interpretation, construction, and performance of this Option shall be governed by the laws of the Commonwealth of Virginia. All headings of sections of this Option are inserted for convenience only, and do not form part of this Option or limit, expand, or otherwise alter the meaning - 10- COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I hereby certify that the foregoing Real Estate Option Agreement was acknowledged before me by W. ROBERT HERBERT and MARY F. PARKER, City Manager and City Clerk, respectively, of the CITY OF ROANOKE, VIRGINIA, on behalf of that municipal My Commission e pires:. ~/ ~ Notary Public OF ) ) CITY/COUNTY OF ) I hereby certify that the Agreement was acknowledged before me by and and , respectively, of ARDEN COMPANY, on behalf of that corporation, of , 1990. My Commission expires: To-wit: foregoing Real Estate Option ELIZABETH this day Notary Public - 12 of any provisions hereof. This Option shall be executed in dupli- cate, each of which shall be deemed to be an original. This Option shall be construed without regard to any presumption or rule requir- ing construction against the party causing the instrument to be drafted. 21. RECORDING. This Option shall be recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. 22. AUTHORITY. Grantor and Grantee each represents and warrants to the other party as follows: that it is duly organized and validly existing under all applicable laws and regulations; that it and the persons signing on its behalf, have all requisite power and authority to enter into this Option which is legally binding upon it; and that it has all requisite power and authority to perform its obligations under this Option and incidental thereto. EXECUTED and DELIVERED by Grantor and accepted by Grantee as of this ?~h day of ~p~embmr , 1990. ATTEST: City Clerk GRANTOR: CITY OF ROANOKE, VIRGINIA W. Robert Herbert, City ~{anager ATTEST: ~' ' ILWt - ~elt~--a~w ~o~t GRANTEE: N~-eubH¢, ~J.,~.~j:e* Yo,k ~ ~iic. St.- NO. 24-~145:~ No. 24~9~"-7'9 O~lified iff Kin~ ~l:~ By Its - 11 - Assistant Cdy Attorn Y