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HomeMy WebLinkAboutCouncil Actions 02-05-90 Trout (29918) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL February 5, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. absent. Vice-Mayor Fitzpatrick was The invocation will be delivered by The Reverend James P. Beatty, Pastor, St. Paul A.M.E. Church, Blacksburg, Virginia. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS Public hearing with regard to the issuance of $15,250,000.00 principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of certain permanent public improve- ments; and with regard to a proposed Five-Year Capital Improvement Program, totaling $114,443,508.00. Mr. Robert Herbert, City Manager, and Mr. Wilburn C. Dibling, Jr., City Attorney. Adopted Ordinance No. 29918, Ordinance No. 29919 and Resolution No. 29920-2590. (6-0) 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 Minutes of the regular meetings of Council held on Monday, September 11, 1989; Monday, September 25, 1989; Monday, October 2, 1989; Monday, October 9, 1989; and Monday, October 23, 1989. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. (1) C-2 C-3 C-4 A report of the City Manager with regard to the City's par- ticipation in a statewide traffic signal retiming project entitled, "Virginia Signal Timing Optimization Program (VASTOP)." RECOMMENDED ACTION: Receive and file. A list of items pending from July 10, 1978, through January 22, 1990. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Gene Wirt as a member of the Building Maintenance Division of the City's Board of Building Code Appeals for a term of five years ending November 11, 1994. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from the Roanoke City School Board recom- mending appropriation of $290,000.00 for repairs to Preston Park Elementary School resulting from wind damage; and $22,119.00 for the 1989-90 Flow Through Program to provide aid for the education and guidance of handicapped students. Adopted Ordinance No. 29921-2590. (6-0) Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: 1. A report with regard to renovation of the Dumas Hotel for the Henry Street Music Center. Adopted Ordinance No. 29922-2590. (6-0) A report recommending approval of a request for art additional allocation, in the amount of $60,000.00 to the Juvenile and Domestic Relations Court Services Unit budget for fiscal year 1989-90, to provide funds for increased cost of utilizing bed space at Youth Haven II in Roanoke County; and transfer of funds therefor. Adopted Ordinance No. 29923-2590. (6-0) (2) A report concurring in a report of a Bid Committee recommending the purchase of vans and pick-up trucks for use by the Street Maintenance Department, Crisis Intervention Center, and the Building Maintenance Department; and appropriation of funds therefor. Adopted Ordinance No. 29924-2590 and Ordinance No. 29925-2590. (6-0) b. Director of Finance: 1. A financial report for the month of December, 1989. Received and filed. 2. A report with regard to personnel lapse for the second quarter of fiscal year 1989-90. Adopted Ordinance No. 29926-2590. (6-0) c. City Attorney: A report recommending adoption of an Ordnance amending the Code of the City of Roanoke (1979), as amended, by enacting a new section defining the crime of solicita- tion and establishing a penalty therefor. Adopted Ordinance No. 29927-2590. (6-0) d. City Clerk: A report requesting that certain dates be in connection with the selection process Board Trustees. established for School Item One March 12, 1990, 6:00 p.m. Item Two March 26, 1990, 2:00 p.m. Item Three April 9, 1990, 7:30 p.m. Item Four April 16, 1990, 2:00 p.m. Item Five April 19, 1990, 7:00 p.m. Item Six May 14, 1990, 7:30 p.m. 6. Reports of Committees: A report of the committee appointed to tabulate bids received for roof replacement at the Northwest Library, recommending award of a contract to Consolidated Industrial Roofing, Inc., in the amount of $12,610.00; and transfer of funds therefor. Council Member Robert A. Garland Chairman. ' Adopted Ordinance No. 29928-2590 and Ordinance No. 29929-2590. (6-0) (3) 10. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: None. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. Mr. Trout inquired as to whether or not funds, in the approximate amount of $15,000.00, had been appropriated by the City for a Land Use Study following completion of the Franklin Road widening project, as well as certain zoning recommendations; whereupon, the City Manager advised that he would provide Council with a written report responding to the question. Mr. Garland advised that it had been brought to his atten- tion by a citizen that there are several hundred people in the E-911 service delivery area who are hooked up to party telephone lines, and if they have occasion to use E-911, their address is not automatically flashed on a screen in the Communications Center. Further, the subscribers pay a small charge along with their monthly telephone bill for this service. The City Manager and the City Attorney were requested to work in concert with Mr. Donald C. Reid~ Manager, C & P Telephone Company, to determine available alternatives for these several hundred E-911 subscribers. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: (4) Office of the City Clerk February 6, 1990 File #53-217 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. ~erbert: I am attaching copy of Resolution No. 29920-2590 endorsing the Capital Improvement Program submitted by the City Manager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through issuance of General Obligation Bonds after approval by the voters of the City in a bond referendum to be held on May 1, 1990. Resolution No. 29920-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE: ra Enc. pc: Sandra H. Eakin Deputy City Clerk Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger~ Director of Finance Mr. Barry L. Key, Manager~ Office of ~anagement and Budget Ms. Sharon L. Carrington, Registrar Ms. Melba C. Pirkey, Chairman, Roanoke City Electoral Board, 2639 Avenel Avenue, S. W., Roanoke, Virginia 24015 Mr. James M. Turner, Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011 (703) 98 !~2541 Office of the City Clerk February 6~ 1990 File #53-217 ~r. Donald G. Gurney, Esquire Wood, Dawson, Smith & Hellman 17 Battery Place New York, New York 10004 Dear ~4r. Gurney: I am enclosing copy of Resolution No. 29920-2590 endorsing the Capital Improvement Program submitted by the City ~anager by report of January 16, 1990, and expressing the intent of Council to finance certain proposed Capital Improvement Projects through issuance of General Qbligation Bonds after approval by the voters of the City in a bond referendum to be held on Way 1990. Resolution No. 29920-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:ra Enc. Sandra H. Eakin ~ Deputy City Clerk Room~,56 MunicipalBuilcling 215Church Avenue. S.W Roanoke. Virginia 2~,011 (703)981-2541 Office of the City Clerk February 6, 1990 File #53-217 Mr. ~ichael Brown, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear Hr. Brown: I am enclosing copy of Resolution Noo 29920-2590 endorsing the Capital Improvement Program submitted by the City ~anager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through issuance of General Obligation Bonds after approval by the voters of the City in a boad referendum to be held on May i, 1990. Resolution No. 29920-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:fa Enc. Sandra H. Eakin Deputy City Clerk Room456 MunicipalBuiiding 215Church AYertUt~r~ W Roanoke, Virginia 2~*011 {703)981-2541 Office of the City Clerk February 6, 1990 File #53-217 ~r. Alton B. Prillaman, Secretary Roanoke City Electoral Board Po ©. Box 2865 Roanoke, Virginia 24001 Dear ~r. Prillaman: I am enclosing copy of Resolution No. 29920-2590 endorsing the Capital Improvement Program submitted by the City ~anager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through issuance of General ©bligation Bonds after approval by the voters of the City in a bond referendum to be held on May 1, 1990. Resolution No. 29920-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, February 5, 1990. Sincerely, SHE:fa Enc. Sandra H. Eakin Deputy City Clerk Room456 MunicipalBuilding 215Church Avenue, S W Roanoke,Virginia 24011 (/03)9812541 Office of the City Clerk February 6, 1990 File #53-217 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Resolution No. 29920-2590 endorsing the Capital Improvement Program submitted by the City Manager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through issuance of Genera! Obligation Bonds after approval by the voters of the City in a bond referendum to be held on May 1, 1990. Resolution No. 29920-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, February 5, 1990. Sincerely, SHE:ra Enc. Sandra H. Eakin Deputy City Clerk 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 February, 1990. No. 29920-2590. VIRGINIA, A RESOLUTION endorsing the Capital Improvement Program submitted by the City Manager by report of January 16, 1990, and expressing the intent of the Council to finance certain proposed Capital Improvement Projects through by the voters of 1990. issuance of General Obligation Bonds after approval the City in a bond referendum to be held on May 1, WHEREAS, by report of January 16, 1990, and the attachments to such report, the City Manager has presented an updated 5-Year Capital Improvement Program for Fiscal Years 1990-1994 which represents an investment in the future of Roanoke and offers the City the oppor- tunity to significantly improve its facilities and physical resources while strengthening the City's economic base; WHEREAS, completion of such Capital Improvement Program will require the issuance of $15,250,000 principal amount of general obli- gation bonds of the City; WHEREAS, it is the intent of Council that such bonds be issued only after approval by the electorate in a bond referendum; and WHEREAS, this Capital Improvement Program will impose no extra burden on the taxpayer; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council endorses and concurs in the City Manager's recommendations for an updated 5-year Capital Improvement Program for the City of Roanoke for Fiscal Years 1990-1994 in the total amount of $114,443,508 as set out in the report of the City Manager dated January 16, 1990, and the attachments to such report. 2. It is the intent of this Council to finance the proposed Capital Improvement Program in part through the issuance $15,250,000 principal amount of general obligation bonds. 3. It is further the intent of this Council to obtain the approval of the electorate for the issuance of the $15,250,000 principal amount of general obligation bonds required to finance in part such Capital Improvement Program, with all projects to be financed by general obligation bonds being presented to the electorate as a single unit, prior to the issuance of any bonds. 4. The City Attorney, upon receipt of necessary and relevant information from the City Manager and Director of Finance, is autho- rized to prepare such ordinances and resolutions for the consideration of this Council and to take such action as is necessary in conjunction with the City's bond counsel to cause the above-described bond issue to be submitted to the voters for referendum. ATTEST: City Clerk. Office of the City Clerk February 6, 1990 File #53-217 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~4r. Herbert: I am attaching copy of Ordinance No. 29919 directing and pro- viding for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted Py the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke. Ordinance No. 29919 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:fa Enc. pc: Sandra H. Eakin Deputy City Clerk Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Sharon L. Carrington, Registrar Ms. Melba C. Pirkey, Chairman, Roanoke City Electoral Board, 2639 Avenel Avenue, S. W., Roanoke, Virginia 24015 Mr. James ~. Turner, Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. ©. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 Room456 Muni¢ipalBuilding 215Church Avenue,$ w Roanoke, Virginia 24011 (703}981 2541 Office of the City Clerk February 6, 1990 File #53-217 Mr. Donald G. Gurney, Esquire Wood, Dawson, Smith & Hellman 17 ~attery Place New York, New York 10004 Dear Mr. Gurney: I am enclosing copy of Ordinance No. 29919 directing and pro- viding for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke. Ordinance No. 29919 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:fa Enc. pc: Sandra H. Deputy City Clerk Ms. Sharon L. Carrington, Registrar Room456 MunicipalBuilding 215Church Avenue, S.w Roanoke,Virginia 24011 (703)981 2541 Office of the City Clerk February 6, 1990 File #53-217 Mr. Michael Brown, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear ,~r. Brown: I am enclosing copy of Ordinance No. 29919 directing and pro- viding for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke. Ordinance No. 29919 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, Sandra H. Eakin ~ Deputy City Clerk SHE:ra Enc o pc: Ms. Sharon L. Carrington, Registrar Room456 MunicipalBuilding 215Church Avenue, S.W Roanoke, Vi~cjinia 24011 (703)981-2541 Office of the City Clerk February 6, 1990 File #53-217 Mr. Alton B. Prillaman, Secretary Roanoke City Electoral Board P. 0. Box 2865 Roanoke, Virginia 24001 Dear Mr. Prillaman: I am enclosing copy of Qrdinance No. 29919 directing and pro- viding for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke. Qrdinance No. 29919 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra Enc. pc: Ms. Sharon L. Carrington, Registrar Room456 MunicipatEuiiding 215Church Avertue. S W Roanoke, Virginia 24011 (703)981 2541 Office of the City Clerk February 7, 1990 File #53-217 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29919 directing and pro- viding for the holding of an election in the City of Roanoke, Virginia. to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke. Ordinance No. 29919 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, Sandra H. Eakin ~' Deputy City Clerk SHE:fa Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Vir~jinia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF The 5th day of February, 1990. No. 29919. ROANOKE, VIRGINIA, AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), deems it necessary for the pre- servation of the public health and safety and for the usual daily operation of the municipal government that immediate pro- vision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, set out in Ordinance No. 29918, duly adopted by the Council on February 5, 1990, and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: - 2 - 1. Pursuant to Section 47 of the Charter of the City, an election shall be held in the City on May 1, 1990, to determine whether the qualified voters will approve an ordinance, duly adopted by the Council on February 5, 1990, entitled: "No. 29918. AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency." 2. Such election shall be conducted in the manner prescribed by law for the conduct of regular elections. 3. The Judges and clerks for the several voting precincts in the City are hereby appointed officers of election to conduct such election, and in the case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 4. The Secretary of the Electoral Board of the City is hereby directed to give public information of such election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and - 3 - published in the City at least 10 days before the date of the election. and herein provided for cause proper ballots to at such election, and such ballots shall be form: 5. The Electoral Board of the City shall forthwith not less than 30 days prior to the date of the election be prepared for use in the following COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF ROANOKE SPECIAL ELECTION TUESDAY, MAY 1, 1990 BOND ELECTION QUESTION: Shall Ordinance No. 29918, adopted by the Council of the City of Roanoke on February 5, 1990, entitled: "AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for au emergency.", be approved? - 4 - YES 6. The ballot and the City's voting machines shall be prepared in conformity with the provisions of Section 24.1-165 and of Article 6, Chapter 7, Title 24.1, Code of Virginia (1950), as amended, respectively, and each voter shall vote in the manner prescribed by such statutes. Prepared, locked voting machines and keys and voted absentee voters' ballots shall be delivered to the officers of election for use in such election, in the same manner as prepared, locked voting machines and keys and voted absentee voters' ballots are delivered to the officers of election in regular elections. 7. The officers of election shall immediately after the closing of the polls lock and seal the voting machines against further voting and in the manner provided by general law count the ballots cast and determine and announce the results of the vote upon the question voted upon and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of such election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. Such return shall be presented to the Council at its next regular meeting and shall be spread upon the journal; and - 5 - pursuant to Sections 24.1-143 and 24.1-144, Code of Virginia (1950), as amended, such officers of election shall further seal up the poll books, duplicate statement of results and ballots and by noon on the day following the election transmit the same to the Clerk of the Circuit Court for the City to be deposited in a secure place and safely kept for 12 months thereafter. 8. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with Section 24.1-165, Code of Virginia (1950), as amended, and to the Electoral Board of the City. 9. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 6, 1990 File #53-217 Mr. W. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29918 authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, high- ways and bridges, and acquisition of real property for the foregoing. Ordinance No. 29918 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:fa Enc. pc: Sandra H. Eakin -,~ Deputy City Clerk Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Barry L. Key, Manager, Office of Management and Budget Ms. Sharon L. Carrington, Registrar Ms. Melba C. Pirkey, Chairman, Roanoke City Electoral Board, 2639 Avenel Avenue, S. W., Roanoke, Virginia 24015 Mr. James M. Turner, Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia ~6 Municipal Building 215 Church Avenue. S. W ~oanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 6, 1990 File #53-217 ~r. Donald G. Gurney, Esquire ~ood, Dawson, Smith & Hellman 17 Battery Place New York, New York 10004 Dear ~r. Gurney: I am enclosing copy of Qrdinance No. 29918 authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) priacipal amount of general obligation bonds of the City of Roaaoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, high- ways and bridges, and acquisition of real property for the foregoing. ©rdinance No. 29918 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, February 5~ 1990. Sincerely~ SHE:ra Enc. Sandra H. Eakia Deputy City Clerk Room456 Muni¢ipalBuilding 215Church Avenue, S W Roanoke. Virgini~ 24011 (703)981-2541 Office of the City Clerk February 6, 1990 File #53~217 Mr. Michael Brown, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear ~4r. Brown: I am enclosing copy of Ordinance No. 29918 authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, ~he system of storm drains, public sidewalks, curbing, streets, high- ways and bridges, and acquisition of real property for the foregoing. Ordinance No. 29918 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, SHE:ra Enc. Sandra H. Eakin Deputy City Clerk Room456 MunicipalBuilding 215Chinch Avenue, S w Roanoke. Virginia 2a011 (703)981 2541 Office of the City Clerk February 6, 1990 File #53-217 ~r. Alton B. Prillaman, Secretary Roanoke City Electoral Board P. 0. Box 2865 Roanoke, Virginia 24001 Dear ~r. Prillaman: I am enclosing copy of Ordinance No. 29918 authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, high- ways and bridges, and acquisition of real property for the foregoing. Ordinance No. 29918 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. SHE:fa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk Room456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk February 6, 1990 File #53-217 Miss Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Hiss Testerman: I am attaching copy of Ordinance No. 29918 authorizing the issuance of Fifteen ~illion Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, high- ways and bridges, and acquisition of real property for the foregoing. ©rdinance No. 29918 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, S~tE: ra Enc. Sandra H. Eakin Deputy City Clerk Room 456 MunicipaIBuilding 215 Church Avenue, S W Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF The 5th day of February, 1990. No. 29918. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of Roanoke certain necessary perma- nent public improvements, and that this ordinance should become effective upon its passage; - 2 - THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judg- ment of the Council of the City to issue and sell general obligation bonds of the City in the principal amount of FIFTEEN MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($15,250,000) for the purpose of providing funds to be applied, with or without other funds, to defray the cost to the City of acquisitions, construction, additions, betterments, extensions and improvements of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing. If upon completion of any of such needed permanent public improvements, there remains any unexpended balance of the amount of bond proceeds allocated therefor, such balance may be used for other needed public improvements set forth in this paragraph, as determined by the Council of the City. 2. Pursuant to Section 47 of the Charter of the City, there are hereby authorized to be issued general obligation bonds of the City in an aggregate principal amount not exceeding $15,250,000 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph 1 hereof. The full faith and credit of the City is pledged to the payment of the principal and interest of such bonds. - 3 - 3. The Council shall by resolution adopted from time to time prescribe the amount of such bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Such bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting in an elec- tion to be called in the manner provided by the Charter of the City to be held on May 1, 1990. 5. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk February 5, 1990 Honorable Mayor and Mem~r~'of~CitY Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Five Year Capital Improvement Program for Fiscal Years 1990-94 On January 16th, the Director of Finance and I presented to City Council a report on a recommended Five Year Capital Improvement Program for Fiscal Years 1990-94 totalling $114,443,508. At City Council's direction, the City Attorney has prepared the proper legal documents necessary to approve the recommended program and issue General Obligation Bonds totaling $15,250,000 upon referendum approval to support selected projects, and these documents are included in Council's agenda packet. Advertisements of a public hearing on the recommended Capital Improvement Program and the proposed bond issue were placed in the Roanoke Times & World News on January 21st and 28th. This public hearing is scheduled as part of City Council's agenda today. Approval of the legal documents after the public hearing is necessary today if City Council desires to conduct a public referendum on the bond issue on May 1st. Should City Council desire to change the content of the bond issuance package, any changes would have to be readvertised and a May 1st bond issue referendum would be virtually impossible. The options available then would be to have a special election or schedule the bond referendum in November, 1990. I recommend adoption today of a resolution to approve the Capital Improvement Program as recommended; an ordinance authorizing the issuance of $15,250,000 in General Obligation Bonds; and an ordinance directing and providing for a bond referendum to be held on May 1, 1990. cc: City Attorney Director of Finance Assistant City Manager Manager, Sincerely, City Manager Office of Management and Budget WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ~rbi{~EY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 February 5, 1990 WILLIAM X PARSON5 MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI ASSISTANT CITY ATTORNEY S The Honorable Mayor and Members of City Council Roanoke, Virginia Re: General Obligation Bond Issue in Principal Amount of $15,250,000 Dear Mrs. Bowles and Gentlemen: Attached hereto are two ordinances relating to the general obligation bond issue necessary to partially finance the Capital Improvement Program for Fiscal Years 1990-1994 recommended by the City Manager in his report dated January 16, 1990. Pursuant to $15.1-171.1, Code of Virginia (1950), as amended, City Council is required to hold a public hearing prior to authorizing the issu- ance of bonds. The public hearing on the agenda of Council today has been advertised in accordance with requirements of State law and will afford all citizens an opportunity to be heard on the question of this proposed bond issue. The first ordinance authorizes the issuance of $15,250,000.00 principal amount of general obligation bonds of the City of Roanoke for the purpose of providing funds, together with other available funds, to defray the cost to the City of needed permanent public improvments of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, high- ways and bridges. This ordinance pledges the full faith and credit of the City to the payment of the principal and interest on the bonds. The ordinance also provides that, if upon completion of any such needed capital improvements, there remains an unexpended balance in the amount of bond proceeds allocated therefor, such balance may be used for any one or more other needed capital im- provements authorized by the ordinance in the discretion of Council. The second ordinance directs and provides for the holding of an election on May 1, 1990, to determine whether the voters of the City will approve Council's adoption of the first ordinance. On page 3, this ordinance sets forth the specific question to be asked of the electorate. The ordinance further provides for the details of the election process. Honorable Mayor and Members February 5, 1990 Page 2 If Council approves the two ordinances, I will request that the Circuit Court of the City of Roanoke enter an order directing the City Electoral Board and the State Board of Elections to hold the bond election requested by City Council. I have scheduled an ap- pointment with Judge Willett for 8:45 a.m., on February 6, 1990, to request entry of the required order. Assuming Council's adoption of the two ordinances and the Court's entry of the required order, I will send these items to the State Board of Elections by Federal Express on the same day, in order to permit the Board to receive the required order more than 60 days in advance of the election pursuant to $24.1-165, Code of Virginia (1950), as amended. If the electorate approves the bond issue, it will be necessary that I bring to you a detailed resolution providing for the form of the bonds and coupons, sale, execution, advertisement, and delivery of the bonds. Subsequent to adoption of this detailed resolution, an official statement will be prepared by Mr. Sehlanger with the assistance of the City's financial advisers and bond counsel. This statement will contain a certification of the facts and estimates relating to the use of the bond proceeds, including, among other things, certification of the projects for which the bonds are issued, the estimated completion dates of the projects, the cost of the pro- jects and the funds available to pay such costs and the times at which funds will be required for expenditure. If Council has any questions with respect to the attached ordi- nances, I shall be pleased to address them. With kindest personal regards, I am WCDJr:f Sincerely yours, City Attorney Attachments cc: W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Mary F. Parker, City Clerk Aq NUMBER - 11805778 PUBLISHER'S FEE - $285.60 CITY OF ROANOKE C/O MARY F PARKER CiTY CLERKS OFFICE ROOM ~Sb MUNICIPAL BLOG ROANOKE VA 2~01i STATE OF VIRGINIA CITY CF ROANOKE AFFIDAVIT OF PUBLICATION It (THE UNDERSIGNED) AN AUTHORIZED qEPRESENTATIVE OF THE TIMES-WORLD COR- PORATIONt WHICH CORPORATION IS PUBLISHER JF THE ROANOKE TIMES & WCRLD-NEWSt A 2AILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES OI/21/gO SUNDAY 01/28/g0 SUNDAY ~ITNESS~ THIS 29TH DAY OF JANUARY 19gO NOTICE OF PUBLIC HEARING Notice is hereby given, pursuant to §15.1-171.1, Code of Virginia (1950), as amended, that the Council of the City of Roanoke will hold a public hearing on Monday, February 5, 1990, at 2:00 p.m. in the Council Chamber, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia, on the adoption of an ordinance authorizing the issuance of $15,250,000 principal amount of general obligation bonds of the City for the purpose of providing funds to defray the cost of needed permanent public improvements to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges and an ordinance directing and providing for the holding of a election to determine whether the qualified voters will approve the issuance of general obligation bonds of the City in the about-stated principal amount and for the above-stated pur- poses. A copy of the full text of each proposed ordinance is on file in the Office of the City Clerk. At such public hearing, all citizens shall be given an opportunity to appear before Council and be heard on the proposed bond issue. At the same public hearing, Council will offer citizens the opportunity to be heard on a proposed Five-Year Capital Improve- ment Program totaling $114,443,508.00 recommended by the City Manager, Clerk. The hearing required by a copy of which is on file in the Office of the City same public hearing shall also constitute the public §147(f) of the Internal Revenue Code of 1986 (the "Code") to the extent that any of the bonds authorized by the aforementioned ordinances shall be private activity bonds for purposes of the Code. GIVEN under my hand this 18th day of January, 1990. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Please publish once in full on Sunday, January 21, 1990, and once on Sunday, January 28, 1990, in the Roanoke Times & World News. Please send publisher's affidavit and bill to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 February 6, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI FEDERAL EXPRESS AND CERTIFIED MAIL - RETURN RECEIPT REQUESTED Chief, Voting Section Civil Rights Division United States Department of Justice 320 First Street, N. W., Room 716 Washington, D. C. 20534 Re: Submission under Section 5 of the Voting Rights Act - Request for Expedited Consideration of Bond Election to be held in the City of Roanoke, Virginia, on May 1 1990 Dear Sir or Madam: Pursuant to the requirements of Section 5 of the Voting Rights Act of 1965, as amended, I am requesting, on behalf of the City Council of the City of Roanoke, Virginia, that your Office provide expedited consideration for and approval of a bond election to be held in the City of Roanoke on May 1, 1990. This letter is being sent by Federal Express to expedite your response. You will receive the same letter by Certified Mail, Return Receipt Requested, in several days. The City Council has adopted a Basic Capital Improvement Program in the amount of $95,472,019 for the City for Fiscal Years 1990-1994. A portion of the Program will be financed by the issuance of $15,250,000 aggregate principal amount of gene- ral obligation bonds of the City. Pursuant to §47 of the City Charter, issuance of these general obligation bonds requires approval by affirmative vote of a majority of the qualified voters of the City voting on the question at an election called for such purpose. By Ordinance No. 29918, adopted February 5, 1990, a copy of which is attached hereto as Attachment 1, Roanoke City Coun- cil authorized the issuance of $15,250,000 principal amount of general obligation bonds of the City for the purpose of provid- Chief, Voting Section February 6, 1990 Page 2 lng funds to defray the cost to the City of a portion of its Capital Improvement Program for Fiscal Years 1990-1994. By Ordinance No. 29919, also adopted February 5, 1990, a copy of which is attached hereto as Attachment 2, Roanoke City Council directed and provided for the holding of an election in the City to determine whether the qualified voters of the City will approve Ordinance No. 29918. By Order entered on February 6, 1990, a copy of which is attached hereto as Attachment 3, the Circuit Court for the City of Roanoke ordered the bond election requested by the Council. The May 1, 1990, bond election, in- cluding but not limited to, qualifications of voters and registration, election procedures, form of ballot and absentee ballots, will be conducted in full accordance with Title 24.1, Elections, Code of Virginia (1950), as amended. Prior to adopting Ordinance Nos. 29918 and 29919, City Council held a public hearing on February 5, 1999. Such public hearing was advertised in the Roanoke Times & World News, a newspaper of general circulation published in the City, on January 21 and January 28, 1990, and a copy of such adver- tisment is attached hereto as Attachment 4. For your addi- tional reference, I am enclosing as Attachment 5 a photocopy of §47 of the City of Roanoke Charter which is referred to in the enclosed ordinances. As the City of Roanoke has a significant minority popula- tion, I am providing you with the names of two minority group members who are familiar with the proposed bond election and who have been active in the political process. These indivi- duals are Dr. Noel C. Taylor, Mayor, 452 Municipal Building, Roanoke, Virginia 24011, 703-981-2444, and The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., Roanoke, Virginia 24017, 703-981-7255. Mayor Taylor is a member of the Republican party, and Reverend Green is Vice-Chairman of the Electoral Board and a member of the Democratic party. We must receive your response by March 15, 1990, in order to properly advertise the bond election. It is requested that expedited consideration of this request be given pursuant to the procedures for the administration of Section 5 of the Voting Rights Act (28 C.F.R. §51.32). Should we not receive your ap- proval by March 15, 1990, we will be compelled to assume your approval and proceed with advertising and other details of the bond election. Chief, Voting Section February 6, 1990 Page 3 If you should desire further information with respect to this matter, please feel free to contact me or Ms. Sharon L. Carrington, General Registrar, 109 Municipal North, 215 Church Avenue, S. W., Roanoke, Virginia 24011, 703-981-2281. Thank you for your expedited consideration of this matter. Very truly yours, Wilburn C. Dibling, Jr. City Attorney WCDJr:ff Enclosures CC: The Honorable Noel C. Taylor, Mayor The Reverend Charles T. Green, Vice-Chairman, Roanoke City Electoral Board Alton B. Prillaman, Secretary, Roanoke City Electoral Board Sharon L. Carrington, General Registrar ~aryObert Herbert, City Manager F. Parker, City Clerk Donald G. Gurney, Esquire IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29918. AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency. WHEREAS, the Council of the City of Roanoke, Virginia (the "City"), deems it necessary for the preservation of the public health and safety and for the usual daily operation of the municipal government that immediate provision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of Roanoke certain necessary perma- nent public improvements, and that this ordinance should become effective upon its passage; Attachment 1 - 2 - THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: 1. It is deemed expedient and necessary in the judg- ment of the Council of the City to issue and sell general obligation bonds of the City in the principal amount of FIFTEEN MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($15,250,000) for the purpose of providing funds to be applied, with or without other funds, to defray the cost to the City of acquisitions, construction, additions, betterments, extensions and improvements of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing. If upon completion of any of such needed permanent public improvements, there remains any unexpended balance of the amount of bond proceeds allocated therefor, such balance may be used for other needed public improvements set forth in this paragraph, as determined by the Council of the City. 2. Pursuant to Section 47 of the Charter of the City, there are hereby authorized to be issued general obligation bonds of the City in an aggregate principal amount not exceeding $15,250,000 for the purpose of raising moneys to pay the cost of the permanent public improvements set forth in paragraph 1 hereof. The full faith and credit of the City is pledged to the payment of the principal and interest of such bonde. - 3 - 3. The Council shall by resolution adopted from time to time prescribe the amount of such bonds to be issued from time to time and the form thereof, and all other details with respect thereto, in accordance with law. 4. Such bonds shall not be issued unless and until this ordinance has been approved by the affirmative vote of a majority of the qualified voters of the City voting in an elec- tion to be called in the manner provided by the Charter of the City to be held on May 1, 1990. 5. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in force and effect upon its passage. ATTEST: City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th day of February, 1990. No. 29919. VIRGINIA, AN ORDINANCE directing and providing for the holding of an election in the City of Roanoke, Virginia, to determine whether the qualified voters of the City of Roanoke, Virginia, will approve Ordinance No. 29918, duly adopted by the Council of the City of Roanoke on February 5, 1990, providing for the issue of certain general obligation bonds of the City of Roanoke; and providing for an emergency. WHEREAS, the Council (the "Council") of the City of Roanoke, Virginia (the "City"), deems it necessary for the pre- servation of the public health and safety and for the usual daily operation of the municipal government that immediate pro- vision be made for the raising of funds to be applied, with or without other funds, to defray the cost to the City of certain necessary permanent public improvements, set out in Ordinance No. ~9918, duly adopted by the Council on February 5, 1990, and that this ordinance should become effective upon its passage. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, as follows: Attachment 2 - 2 - an election whether the adopted by the Council on February 5, Pursuant to Section 47 of the Charter of shall be held in the City on May 1, 1990, qualified voters will approve an ordinance, 1990, entitled: the City, to determine duly "No. 29918. AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency." 2. Such election shall be conducted in the manner prescribed by law for the conduct of regular elections. 3. The Judges and clerks for the several voting precincts in the City are hereby appointed officers of election to conduct such election, and in the case of failure of any one or more of them to act, then the place or places of such shall be filled in the manner provided for in case of regular elections. 4. The Secretary of the Electoral Board of the City is hereby directed to give public information of such election, setting forth the time and place thereof by publishing notice of the same to which shall be attached an attested copy of this ordinance in a newspaper of general circulation in the City and - 3 - published in the City at least 10 days before the date of the election. 5. The Electoral Board of the City shall forthwith and not less than 30 days prior to the date of the election herein provided for cause proper ballots to be prepared for use at such election, and such ballots shall be in the following form: COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF BOANOKE SPECIAL ELECTION TUESDAY, MAY 1, 1990 BOND ELECTION QUESTION: Shall Ordinance No. 29918, adopted by the Council of the City of Roanoke on February 5, 1990, entitled: "AN ORDINANCE authorizing the issuance of Fifteen ~illion Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Boanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Boanoke of needed permanent public improvements of and to public buildings, school buildings, the system of storm drains, public sidewalks, curbing, streets, highways and bridges, and acquisition of real property for the foregoing; and providing for an emergency.", be approved? - 4 - YES 6. The ballot and the City's voting machines shall be prepared in conformity with the provisions of Section 24.1-165 and of Article 6, Chapter 7, Title 24.1, Code of Virginia (1950), as amended, respectively, and each voter shall vote in the manner prescribed by such statutes. Prepared, locked voting machines and keys and voted absentee voters' ballots shall be delivered to the officers of election for use in such election, in the same manner as prepared, locked voting machines and keys and voted absentee voters' ballots are delivered to the officers of election in regular elections. 7. The officers of election shall immediately after the closing of the polls lock and seal the voting machines against further voting and in the manner provided by general law count the ballots cast and determine and announce the results of the vote upon the question voted upon and make written return to the Electoral Board which, within two days following the election, shall make written return of the result of such election to the City Clerk, specifying the number of votes cast "YES" and the number of votes cast "NO" on the question voted upon. Such return shall be presented to the Council at its next regular meeting and shall be spread upon the Journal~ and - 5 - pursuant to Sections 24.1-143 and 24.1-144, Code of Virginia (1950), as amended, such officers of election shall further seal up the poll books, duplicate statement of results and ballots and by noon on the day following the election transmit the same to the Clerk of the Circuit Cour~ for the City to be deposited in a secure place and safely kept for 12 months thereafter. 8. The City Clerk is hereby authorized and directed to forward as soon as practicable a certified copy of this ordinance as adopted by the Council to the State Board of Elections in accordance with Section 24.1-165, Code of Virginia (1950), as amended, and to the Electoral Board of the City. 9. In order to provide for the public health and safety and for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF IN RE: ORDINANCE NO. 29919, OF THE COUNCIL iOF THE CITY OF ROANOKE, VIRGINIA, DIRECTING AND PROVIDING FOR THE HOLDING ~OF AN ELECTION IN THE CITY OF ROANOKE TO DETERMINE ~CdETHER THE QUALIFIED VOTERS OF THE CITY OF ROANOKE ~ILL APPROVE ORDINANCE NO. 29918, DULY ADOPTED BY THE COUNCIL OF THE CITY OF ROANOKE ON FEBRUARY §, 1990, PROVIDING FOR THE ISSUANCE OF CERTAIN GENERAL OBLIGATION BONDS OF THE CITY OF ROANOKE; AND PROVIDING FOR AN EMERGENCY. ROANOKE ORDER Docket No. This matter came on to be heard on the motion of ~ary F. Parker, City Clerk of the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Common- wealth of Virginia, by Wilburn C. Dibling, Jr., City Attorney, that this Court order a bond election to be held in the City of Roanoke on May 1, 1990, in accordance with the terms and conditions set forth in Ordinance No. 29919, adopted by the Council of the City of Roanoke on February 5, 1990. After consideration of the afore- mentioned motion, the Court is of the opinion that the motion should be granted. NOW, THEREFORE the Court doth ADJUDGE, ORDER and DECREE as follows: 1. That attested copies of Ordinance Nos. 29918 and 29919, both adopted by the Council of the City of Roanoke on February 5, 1990, be and such ordinances are hereby filed. Attachment 3 2. That, pursuant to §47 of the Charter of the City of Roa- noke and $24.1-165, Code of Virginia (1950), as amended, the Roa- noke City Electoral Board and the State Board of Elections shall schedule and hold a bond election in the City of Roanoke on May 1, in accordance with the terms and conditions of Ordinance No. 1990, 29919. 3. That the ballots for use at such election shall following form: COMMONWEALTH OF VIRGINIA OFFICIAL BALLOT CITY OF ROANOKE SPECIAL ELECTION TUESDAY, MAY 1, 1990 BOND ELECTION be in the QUESTION: Shall Ordinance No. 29918, adopted by the Council of the City of Roanoke on February 5, 1990, entitled: "AN ORDINANCE authorizing the issuance of Fifteen Million Two Hundred Fifty Thousand Dollars ($15,250,000) principal amount of general obligation bonds of the City of Roanoke, Virginia, for the purpose of providing funds to defray the cost to the City of Roanoke of needed permanent public improvements of and to public ibuildings, school buildings, the system of storm drains, public !sidewalks, curbing, streets, highways and bridges, and acquisi- ~tion of real property for the foregoing' and providing for an :iemergeney." be approved? YES NO 4. That the Clerk of this Court is directed to forward 'certified copy of this Order and of Ordinance Nos. 29918 and 29919 to the Roanoke City Electoral Board and the State Board of Elections. ENTER: This ! ~r~day of February, 1990. , Judge ROANOKE TIMES & WORLD-NEWS AL NUMBER - 11805778 PUBLISHER'S FEE - SZ85.bO CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL BLDG ROANOKE VA 2~011 YU ~'£ ~TATE OF VIRGINIA :[TY CF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHOAIZEO 4EPRESENTATIVE OF THE TIMES-WORLD COR- PURATION9 WHICH CORPORATION IS PUBLISHER 3F THE ROANOKE TIMES & WGRLD-NEWS9 A 3AILY NEWSPAPER PUBLISHEG IN ROANOKE9 IN THE STATE OF VIRGINIA9 00 CERTIFY THAT THE ANNEXED NOTICE wAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 01/21/90 SUNDAY 01/28/90 SUNDAY ~ITNESS~ THIS 29TH DAY OF JANUARY 1990 c~yc~mm (~) A~rACt~,IEN'r 4 CHARTER § 4'7. Bond issues; borrowing in anticipation of issu- ance or bonds. The council may, in the name and for the use of the city, cause to be issued bonds for any one or more of the following purpoMm, namely:. To provide for perks and other recreational purpcees, water supply, water work., electric lights or other lighting system, suitable equipment against fire, or for erecting or improving bridges, viaducts, school buildings, jails, city hA!Its fire house, libraries, muae~mt; and other public buildings, incinerators, auditorit~-~% armories, airports and equipment and furnishings for same; hospitals and clinics, a local bus trentportation system to operate on regular schedules; grading, paving, repaying, curbing, or otherwise improving any one or more of the streets or alleys, or widening existing ones; or for locating, instituting and maintaining sewers, drains and culverts, or for any other permanent public improvement; to provide for a revolving fund of not more than five hundred thousand dollars ($500,000.00) for the establishment of a pool of automobiles, trucks and other automotive and movable equipment, provided, that the council shall first establish by ordinance such conditions under which the respective departments, courts, bureaus, boards, commissions, offices and agencies of the city sba!! have the use of such equipment es will recoup the said fund within the estimated life of each clam and typ~ of such equipment; provided that no such bonds shall be hued except by ordinance adopted by a majority of all members of the council and approved by the affirmative vote of the majority of the qumliflad voters of the city voting on tho question at an election for such purpc~ to bo called, hold and conducted in accordance with an ordinance adopted by the council of the city of Roanoke providing for such olec~ons and for giving due publicity to the same, and Moo providing by whom and how tho ballots certified; no such bonds to provide for the acquisition of s supply of water to said city and its inhabitants, or for other specific undertaking, from which tho city may derive · revenue, as provided in the Constitution of Vir~inlt and Chapter 358 of the Acts of Assembly of 1918, es amended by Chapter 217 of the Acts of Assembly of 1930, thai! be issued except by ordinance adopted by a majority of ali members of council and approved by the affirmative vote of tho majority of the qu&Lified voters of the city votlnE on the question at an election for such purpose to be called, hold § 47 ATTACHMENT 5 CHARTER { 47 and conducted in accordance with an ordinance adopted by the co. u.ncil of the City of Roanoke providing for such elections and for g~vmg due publicity to the same, and also providing by whom and how the ballots shall be prepared and return canvassed, and the result certified; but such bonds shall not be irredeemable for a period greater than thirty-five years. In no case shall the city issue any bends or other interest- bearing obligations which, including existing indebtedness, shall at any time exceed ten percent of the assessed valuation of the real estate in the city subject to taxation, as shown by the last preceding assessment for taxes. In determining the limitation for the city, there shall not be included the classes of indebtedness described in paragraphs (1), (2), (3) and (4) of subsection (a) of Section 10 of Article VII of the Constitution of Virginia. The said council shall not endorse the bonds of any company whatsoever or make the city liable therefor without the same author/ry. The said council shall determine the form and the manner of execution of the bonds, including any interest coupons to be attached thereto. Any bonds issued under the provisions of this Charter and any interest coupons attached thereto, if se author. ized by the said council, may bear or be executed with the facsim- ile signature of any official authorized to sign or to execute such bonds or coupons. In case any law shall provide for the sealing of such bonds with the official or corporate seal of the city or of the said council or any official thereof, a facsimile of such seal may be imprinted on the bonds if so authorized by said council, and it shall not be necessary in such case to impress such seal physi- cally upon such bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any bends or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such bonds shall be the proper officers to sign such bond although at the date of such bend such persons may not have been such officers. 8upp. Nc~ 15 53 §4? ROANOKECODE W'hen all signatures on bonds are facsimiles, the bonds must be authenticated by an approved agent of the said council. The said bonds shall be sold by resolution of the council and the proceeds used under its direction. Every bond issued by the coun- cil shall stats on its face for what purpose or purposes it is issued, and the proceeds shall be applied exclusively to the purpose or purposes for which such bonds a~ issued. In anticipation of the iss-m-ca of bonds under the provisions of this section or under the provisions of the Public Finance Act of 1958, a~ from time to time mended, and of the receipt of the proceeds of sale of such bonds, the council may, in the name and for the use of the city, by resolution adopted by the council, cause to be borrowed money for the purpose for which such bonds have been authorized and within the maximum authorized Imount of the bond issue. The resolution authorizing any such borrowing shall specify the maximum rate of interest to be paid by the city on such loan, and each such loan shall mature and be paid within five years from the date of its original issue. The city may, in its discretion, retire any such loans by means of current revenues, special aa~m- ments, or other funds, in lieu of retiring them by mem-I of bonds, and may, thereafter, provide for the issuance of the maximum amount of bonds that has been authorized without reduction by the amount of such loans retired in such manner. Negotiable notes shall be issued for all moneys borrowed in anticipation of the issuance of bonds under this section or of the Public Finance Act of 1958, a~ amended, and such notes may be renewed from time to time, but all such notes shall mature within the time limited by this section. The issuance of such notes and other details thereof shall be governed by provisions of the r~olution or ordinance of the council authorizing such borrowing, not inconsistent with the provisions contained in this para- graph. (Act~ 1962, Ch: 442, § 1; Acta 1966, Ch. 73, § 1; Acts 1970, Ch. 207, § 1; Acta 1985, Ch. 136, § 1) 8u~. No, 15 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the City Clerk February 7, 1990 File #20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the City's participation in a sta- tewide traffic signal retiming project entitled, "Virginia Signal Timing Optimization Program (VASTOP)," was before the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. On motion, duly seconded and adopted, the report was received and filed. Sincerely, ~f~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Mr. William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 -~ February 5, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia RE: Virginia Signal Timing Optimization Program (VASTOP) Dear Mayor Taylor and Members of City Council: In June, 1988, the City of Roanoke was provided with an opportunity by the Virginia Department of Transportation (VDOT) to participate in a statewide traffic signal retiming project entitled the Virginia Signal Timing Optimization Program (VASTOP). The primary objective of VASTOP is to establish and implement traffic signal timings which will minimize the number of stops, delay times, and fuel consumed by vehicles traveling through signalized intersections. The signal re- timing services are free to Roanoke, with funding by the Department of Mines, Minerals and Energy (DMME) through the use of oil overcharge funds. Roanoke responded to this opportunity, indicating our interest in having as many as 60 of our 130 traffic signals retimed through this program. In October, 1989, VDOT advised the City that Roanoke's signal retiming work will be performed by the firm of Bellomo-McGee, Inc., located in Vienna, Virginia. The optimization of the 60 traffic signals will be accomplished, using two dif- ferent methods. First, forty-seven (47) signals in coordinated systems (such as in the downtown central business district and on Hershberger Road) shall have peak hour vehicle counts collected (2 hours each for AM, mid-day, and PM peaks), and optimized through the use of appropriate optimization computer programs. Secondly, thirteen (13) signals at isolated (non-coordinated) intersections will be optimized by field observation only. City staff will assist in the implemen- tation of the new timings. A list of these 60 intersections is attached for your information. This program, which already started in Roanoke two weeks ago, is expected to require three to four months to complete. We certainly look forward to the benefits of this program, and if you should have any questions, please feel free to contact me. Respectfully submitted, W. Robert Herbert City Manager Attachment CC: City Attorney Director of Finance Director of Public Works City Engineer CBD INTERSECTIONS 1. Jefferson & Salem (Viaduct) 2. Jefferson & Campbell 3. Jefferson & Church 4. Jefferson & Franklin 5. Jefferson & Bullitt 6. Jefferson & Elm 7. Jefferson & Mountain 8. Jefferson & Albemarle 9. Jefferson & Maple 10. Jefferson & Walnut 11. Williamson & Tazewell & Franklin 12. Salem & 1st SW 13. Salem & 2nd SW 14. Salem & 3rd SW 15. Salem & 5th SW 16. Campbell & Wtlliamson 17. Campbell & 1st SW 18. Campbell & 2nd SW 19. Campbell & 3rd SW 20. Campbell & 5th SW 21. Campbell & 6th SW 22. Luck & 3rd SW 23. Franklin & 1st SW 24. Franklin & 2nd SW 25. Franklin & 3rd SW 26. Franklin & Elm 27. Marshall & 5th SW 28. Marshall & 6th SW 29. Elm & 1st SW 30. Elm & 5th SW 31. Shenandoah & 5th 32. Williamson & Church 33. Elm & Williamson 34. Jefferson & Williamson (old 3rd) 35. Elm & 581 East Ramp 36. Elm & 581 West Ramp 37. Church & 1st SE 38. Church & 1st SW 39. Church & 2nd SW 40. Church & 3rd SW 41. Church & 5th SW OTHER SYSTEMS 1. Williamson & Hershberger 2. Hershberger & Bean St. 3. Hershberger & Rutgers 4. Hershberger & Ordway 5. Hershberger & Ferncliff 6. Hershberger & Cove Rd. Page 2 ISOLATED II~I~RSECTIONS 1. Williamson & Orange 2. Orange & Kimball & Plantation 3. Orange & Hollins 4. Orange & 13th NE 5. Orange & Gus Nicks Blvd. 6. 24th & Melrose 7. 24th & Loudon & Salem Turnpike 8. 24th & Shenandoah 9. Colonial & Wonju 10. Colonial & Ramp B 11. Brandon & Colonial 12. Franklin & Brandon 13. Franklin & Wonju & Broadway Pending Items Referral Date 7/10/78 2/23/87 6/20/88 1/9/89 8/14/89 8/14/89 8/14/89 from July 10~ 1978~ Referred To City Manager Regional Cable Television Committee Regional Cable Television Committee City Manager City Manager City Manager City of Roanoke Transportation Safety Commission through January 22, 1990. Item Recommendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain - hotel.) Request of Cox Cable Roanoke for a renewal of their' fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Communication advising of Cox Cable Roanoke's intent to seek renewal of the Cable Television Franchise in the City of Roanoke. Matter with regard to speed- ing on Hemlock Road~ N. W. Mayor's 1989 State of the City Recommendation No. 1 permitting each City employee to receive his or her birth- day as a holiday~ in such instances where the calendar and work experience will per- mit. Mayor's 1989 State of the City Recommendation No. 2 - establish details and cri- teria for an "Employee of the Year" Program for par- ticipation by Roanoke City employees. Mayor's 1989 State of the City Recommendation No. 3 ~ that the "Star City" become the safest place to live in Virginia by striving to have Virginia's highest highway compliance rate for buckling up. -1- Pending Items from July 10, 1978, through January 22, 1990. Referral Date Referred To Item 8/14/89 8/14/89 8/14/89 8/14/89 City Manager Trade and Convention Center Committee City Manager Mayor's 1989 State of the City Recommendation No. 9 - consider the feasibility of operating a street car type vehicle to connect the Transportation Museum, the Convention Center Complex, Center-in-the-Square and the City Market area. Mayor's 1989 State of the City Recommendation No. 10 establish linear parks with flowers, street scenes, benches and walkways at the proper points on both sides of the railroad. City Manager Mayor's 1989 State of the Trade and Convention City Recommendation No. 12 - Center Committee consider the conversion of the former Railway Passenger Station into a visitorfs center if the property is made available to the City in the future. City Manager Communication from Council Member. David A. Bowers recom~ mending that the producers of the film "Crazy People" be contacted in order to discuss the possibility of a world premiere event in Roanoke upon the release of the movie. 11/13/89 City Manager Communication from Council Member David A. Bowers recom- mending the formulation of a "visitation school" to help divorced parents learn how to deal with the problems of coordinating visitation with their children. Pending Items R_~erral Date 12/18/89 12/26/89 1/8/90 I/8/90 1/16/90 from July 10, 1978, through January 22, 1990. Referred To Item City Attorney Communication from Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eli- gible for reappointment at any given time. Director of Finance 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 con- sideration by the City's delegation to the General Assembly of Virginia. City Attorney Requested to conduct a review of the City's Zoning Ordi- nance to determine if stronger regulations and management procedures are in order for certain zoning mat- terSo City Manager Roanoke City School Board Evaluation as to how a propo- sal of Mr. Melvin Garrett with regard to an Anti-Drug Plan will fit into existing drug and alcohol prevention programs of the City. R. A. Garland, Chairman William F. Clark James D. Ritchie Bids for asbestos abatement at 118 through 124 Campbell Avenue, S. W., and the Knights of Pythias Building. -3- Office of the City Clerk February 7, 1990 File #15-64 Mr. Grady P. Gregory, Chairman Building Maintenance Division of the City's Board of Building Code Appeals 1401Brandon Avenue, S. W. Roanoke, Virginia 24015 Dear ~ir. Gregory: This is to advise you that ~r. Gene Wirt has qualified as a member of the Building Maintenance Division of the City's Board of Building Code Appeals for a term of five years ending November 11, 1994. Sincere ly, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Ronald H. Miller, Building Commissioner Room4§6 MunicipalBuilcling 215Church Avenue, S W, Roanoke, Virginia 24011 (703)981-2541 0-2 Oath or Affirmation of Office 8tate of Virginia, Cirri of Roanoke, to .wit: I, ~':~- ' · ~'~ ~ ?:: , 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. Subscribed and sworn to before me, this Office of the City Clerk December 6, 1989 File #15-64 ~r. Gene ~irt 424 Riverland Road, S. E. Roanoke, Virginia 24014 Dear Mr. ~irt: At the regular meeting of the Council of the City of Roanoke held on ~onday, December 4, 1989, you were reelected as a member of the Building Maintenance Division of the City's Board of ~uilding Code 4ppeals for a term of five years ending November 11, 1994. Enclosed you will find a Certificate of your reelection and an Oath or 4ffirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 ia the Municipal 5uilding prior to serving in the capacity to which you ~ere reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom Of Information Act. Sincerely, Wary F. Parker, City Clerk MFP:ra Eric . pc: ~r. Crady P. Gregory, Chairman, Building Maintenance of the City's Board of Building Code Appeals, 1401 Avenue, S. ~., Roanoke, Virginia 24015 Mr. Ronald H. Miller, Building Commissioner Division Brandon Roorn4S6 Municil3alBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 COM~ONWEA£TH OF CITY OF ROANOKE VIRGINIA ) To-wit: I, Wary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the fourth day of Oecember, 1989, GENE WIRT was reelected as a member of the Building Maintenance Division of the City's Board of Building Code Appeals for a term of five years ending November 11, 1994. Given under my hand and the Seal of the City of Roanoke this sixth day of December, 1989. City Clerk Office of the City Clerk February 7, 1990 File #60-467 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29921-2590 amending and reordaining certain sections of the 1989-90 Capital and Grant Funds Appropriations, providing for the appropriation of $290,000.00 for repairs to Preston Park Elementary School; and appropriating $22,119.00 for the 1989-90 Flow Through Program to provide funds in connection with education and guidance of handicapped students. Ordinance No. 29921-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School 9oard, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. 0. ~ox 13145, Roanoke, Virginia 24031 Mr. Richard L. ~elley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room456 Municip&lBuilding 215Church Avenue, S,w Roanoke, virginia 2e, Otl (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 1990. No. 29921-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Capital and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, that City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke certain sections of the 1989-90 Capital and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Projects Fund ApDropriations Education Preston Park Elementary School Repairs Revenue Accounts Receivable - Insurance-Preston Park (2) ...... $ $ 8,694,990 (1) .......... 290,000 290,000 Grant Fund Appropriations Education Flow Through 89-90 Revenue Education Flow Through 89-90 (3-5) ........................... (6-7) ........................... $14,171,315 676,422 $14,171,313 676,422 1) Repairs to School 2) Accounts Rec.- Ins. Preston Park 3) Health Ins. 4) Contracted Health Serv. 5) Supplies 6) State Grant Receipts 7) Federal Grant Receipts 008-060-6070-6896-0851) $290,000 008-1246) 290,000 035-060-6573-6453-0204) 195 035-060-6573-6553-0311) 21,424 035-060-6573-6553-0614) 500 (035-060-6573-1100) 29,512 (035-060-6573-1102) (7,393 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk.  '~l Turner, Jr., Chairman James M. Sallye T. Coleman, Vice Chairman Guy W, Byrd, Jr, .-- Roanoke City School Board P.O Box 1 '~10S, Roanoke, Virginia 24031 ® Marilyn C. Curtis Thomas L. Orr Velma ~ S~if William White, Sr. Frank P. Tota, Superintendent Richard L Kelley, Clerk of the Board January 31, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of January 30, 1990, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6070- $290,000.00 for the repairs to Preston Park Elementary School resulting from wind damage. The funds will be reimbursed by proceeds from insurance. Grant No. 6573- $22,119.00 for the 1989-90 Flow Through program to provide aid for the education and guidance of handicapped students. The program will be one hundred percent reimbursed by state and federal funds. The School Board appreciates the approval of these requests. Sincerely, , Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Excellence in Education February 5, 1990 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Anticipated Insurance Proceeds and Grant Funds for School Board I have reviewed the attached request for appropriations for the School Board. The amount of $290,000 is being appropriated in the Capital Projects fund for wind damage repairs to Preston Park Elementary School. A corresponding accounts receivable for insurance proceeds in the amount of $290,000 is also being established as the funding source. The report also requests the appropriation of $22,119 for the 1989-90 Flow Through grant. This grant is funded with 100% federal and state funding. No local match is required. I recommend that you concur with this request of the School Board. JMS/pac Attachment ROANOKE CITY $CHOOh BOARD Roanoke, Virginia APPROPRIATION REINVEST Preston Park Elementary School Repairs 6070 008-060-6070-6896-0851 Appropriation Unit ZMP Repairs to School $ 290r000.00 The above appropriation request represents the amount of repairs to Preston Park Elementary School which resulted from wind damage. The amount of repairs will be reimbursed by proceeds from insurance. January 30, 1990 ROANOKE CITY SCHOOl, BOARD Roanoke, Virginia APPROPRIATION RE~EST Flor Through 89-90 .6573 035-060-6573-6453-0204 035-060-6573-6553-0311 035-060-6573-6553-0614 Appropriation Unit ZSD Health Insurance Contracted Health Services Supplies $ 195.00 21,424.00 500.00 $ 22~119.00 035-060-6573-1100 035-060-6573-1102 State Grant Receipts Federal Grant Receipts 29,512.00 7,393.00) $ 22 119.00 The 1989-90 Flow Through program will provide aid for the education and guidance of handicapped students. The above appropriation request represents an additional allocation and adjustment of funding source. One hundred percent of expenditures will be reimbursed by state and federal funds. The program will end June 30, 1990. January 30, 1990 Office of the City Clerk February 7, 1990 File #511-200-236 ~fr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~lr. Herbert: I am attaching copy of Ordinance No. 29922-2590 authorizing exe- cution of an Agreement with Total Action Against Poverty in the Roanoke Valley, Inc. (TAP), to provide for the loan of Corr~unity Development Block Grant funds for asbestos abatement in the Dumas Hotel, the site for the proposed Henry Street Music Center; and authorizing execution of Amendment No. 1 to the City's Contract for Services with the City of Roanoke Redevelopment and Housing Authority (RRHA), to provide for a decrease in CDSG funding. Ordinance No. 29922-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990, Sincere ly,-~ ~gl_~,~.~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Theodore J. Sdlich, III, Executive Director, Total Action Against Poverty in the Roanoke Valley, Inc., P. 0. ~ox 2968, Roanoke, Virginia 24001 Mr. Herbert D. Mcbride, Executive Director, Roanoke Redevelapment and Housing Authority, 2624 Salem Turnpike, ~. W., Roanoke, Virginia 24017 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Joel M. Schlanger, Director of Finance Ms. Marie T. Pontius, Grants Monitoring Administrator Room456 MunicipaIBuilding 215Church Avenue,$ W. Roanoke. Virginia 24011 (70j)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29922-2590. AN ORDINANCE authorizing execution of an Agreement with Total Action Against Poverty In Roanoke Valley, Inc. (TAP), to provide for the loan of Community Development Block Grant funds for asbestos abatement in the Dumas Hotel, the site for the proposed Henry Street Music Center; authorizing execution of Amendment No. 1 to the City's Contract for Services with the City of Roanoke Redevelopment and Housing Authority (RRHA), to provide for a decrease in CDBG funding; 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 hereby authorized and directed to execute an Agreement with Total Action Against Poverty in Roanoke, Valley, Inc., to provide for the loan of Com- munity Development Block Grant funds in the amount of $212,000 for asbestos abatement in the Dumas Hotel; such Agreement to provide for the repayment of the loan, and to contain such other conditions and provisions as are deemed appropriate by the City Manager, all as more particularly set forth in the City Manager's report to Council dated February 5, 1990; such Agreement to be approved as to form by the City Attorney. 2. The City Manager and the City Clerk are hereby authorized and directed to execute Amendment No. 1 to the Contract for Services dated September 29, 1989, with the City of Roanoke Redevelopment and Housing Authority, to provide for the deletion of $212,000 from the Henry Street Revitalization Program, as requested in the City Manager's report to Council dated February 5, 1990; and Amendment No. 1 shall be approved as to form by the City Attorney. 3. In municipal government, ordinance shall be in order to provide for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia February 5, 1990 Honorable Mayor, and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Supplemental funding for the renovation of the Dumas Hotel for the Henry Street Music Center. I. Background: Henry Street Revitalization has been before Council on several occasions and received unanimous support. Total Action Against Poverty (TAP) received a grant of $600,000 from the U.S. Department of Health and Human Services (HHS) for the creation of a music center on Henry Street. TAP plans to renovate the old Dumas Hotel for this purpose. City Council authorized the execution of an agreement between the City and the Roanoke Redevelopment and Housing Authority (RRHA) for Fiscal Year 1989-90 by Ordinance No. 29692 adopted July 24, 1989. Agreement includes provisions for RRHA to implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the "Henry Street" area. Funds available to the RRHA for these activities shall not exceed $235,275. Some funds from this original total have been spent for building maintenance and an evaluation of the asbestos problem in the Dumas Hotel. Ownership of Dumas Hotel has been transferred to TAP from the Housing Authority. II. Current Situation: ao Large amounts of asbestos material were found in the old Dumas Hotel, the building to be renovated for the Henry Street Music Center. Mr. E. Cabell Brand, President of the board of TAP, notified Mayor Noel Taylor by letter dated August 11, 1989, of this problem, and sought the city's financial assistance. Evaluation o__f the problem by RRHA included a consultant's analysis and bidding the work of asbestos removal. C. Contract for asbestos removal and abatement was bid by RRHA on December 14, 1989. For the asbestos removal and abatement alone, the low bid was $209,792. This is an unanticipated and extraordinary expense, not provided for in TAP's budget for the renovation of the Music Center. If TAP must use HHS grant monies for asbestos abatement, funds remaining would not allow for completion even of Phase I of the project. CDBG funds allocated by City Council for the Henry Street Droject were originally intended for public improvements such as street lighting, trees, sidewalk and curb improvements. With recent reductions in CDBG appropriations, it is questionable when these funds could be replaced to the Henry Street accounts from Roanoke's CDBG entitlement. III. Issues: A. Community development objectives B. Funding C. Compliance with CDBG regulations D. Impact on public improvements for Henry Street project. IV. Alternatives: Authorize the City Manager to execute an agreement with TAP, loaning them $212~000 in CDBG Henry Street funds for asbestos abatement of the Dumas Hotel so the Music Center can go forward. The loan to be repaid, with no interest, within 24 months by TAP. Loan repayment to be used for street improvements, trees, lighting, etc. on Henry Street; and Authorize the City Manager to amend the RRHA contract deleting $212,000 in CDBG funds for Henry Street. Community development objectives would be addressed in helping to assure completion of the Music Center on Henry Street. Funding is available in the following CDBG accounts: 035-086-8630-5151 035-086-8630-5156 035-087-8730-5144 TOTAL $ 1,542 $ 915 $ 209,543 $ 212,000 2 Compliance with CDBG regulations will be met by monitoring and oversight by the City's Office of Grants Compliance. The expenditure of funds for the Music Center instead of public improvements is not considered by HUD to be a substantial change in the project, so does not require an amendment of the CDBG program. Impact on public improvements for Henry Street project would be neutral, since funds would be replaced by TAP by the time they would be needed. D__o no__t authorize the City Manager to execute a contract with TAP for asbestos abatement of the Dumas Hotel. Community development objectives will still eventually be met with the CDBG funds, but the Music Center project will be in jeopardy, and commencement of any projects on Henry Street would probably be delayed. 2. Funding would not be an issue. Compliance with CDBG regulations would not be an issue. Impact on public improvements for Henry Street project would be neutral, since existing CDBG funds would be held until they could be spent for street improvements on Henry Street. Recommendation: Council approve Alternative A which is to authorize the City to execute an agreement with Total Action Against Poverty (TAP), loaning them $212,000 in CDBG Henry Street funds for asbestos abatement of the Dumas Hotel so the Music Center can go forward; and Authorize the City Manager to amend the RRHA contract deleting $212,000 in CDBG funds for Henry Street. Respectfully submitted, W. Robert Herbert City Manager WRH/MTP 3 CC: Assistant City Manager City Attorney Director of Finance Grants Monitoring Administrator Executive Director of TAP Executive Director of RRHA ACidUlENT This Agreement , 1990, The Grantee and the Subgrantee - is made and entered into this day of by and between the following parties: City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Total Action Against Poverty in the Roanoke Valley (TAP), Inc. P.O. Box 2868 Roanoke, Virginia 24001 WI TNES SETH: WHEREAS, the Roanoke Redevelopment and Housing Authority has acquired the buildings in the "Henry Street" project area for the public purpose of redevelopment; WHEREAS, Total Action Against Poverty has plans and funding for the renovation of one of those buildings, the former Dumas Hotel, in conjunction with the redevelopment plan, into a music center; WHEREAS, Total Action Against Poverty has acquired the former Dumas Hotel from the Roanoke Redevelopment and Housing Authority; WHEREAS, this facility at 110 First Street N.W. has considerable asbestos material in it which must be removed for public health and safety, prior to any renovation work; WHEREAS, Total Action Against Poverty is particularly suited to provide this music center and to obtain appropriate funding for such service, and has obtained $600,000 in matching funds for said renovation; WHEREAS, the $600,000 in matching funds does not provide for the removal and abatement of asbestos; WHEREAS, the Roanoke City Council has authorized as a part of the City's Community Development Block Grant ("CDBG") program the loan of funds to Total Action Against Poverty for renovation of the Dumas Hotel for a Music Center, and Council has, by Ordinance No. , adopted , 1990, authorized the execution of this Agreement; WHEREAS; the proceeds of the loan under this Agreement shall be used for the removal and abatement of asbestos; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") has declared the use of CDBG funds for this purpose to be an eligible activity if carried out in accordance with applicable Agreement Page 2 Federal, State and local statutes and regulations. NOW, THEREFORE, the parties hereto mutually agree as follows: The City agrees to loan Total Action Against Poverty $212,000 from its CDBG letter of credit, unsecured by property, for a period of two (2) years from the date of this agreement without interest subject to the terms and conditions of this Agreement. 2. USE OF LOAN PROCRR~S. Total Action Against Poverty shall use the proceeds of the Loan solely for the purpose of asbestos removal and abatement in the former Dumas Hotel at 110 First Street N.W. (tax number 2013504), which property is owned by the Subgrantee. The asbestos removal and abatement will generally consist of demolition and disposal of existing partitions, removal of ceilings, floor coverings and the roof, in compliance with asbestos removal regulations of the Commonwealth of Virginia and the federal Environmental Protection Agency. Abatement procedures are more specifically detailed in the plans and specifications of the project, included as part of this agreement by reference. 3. TIME OF PERFOP~4ANCE: This Agreement shall be for the period of January 1, 1990 through December 31, 1991. Agreement may be extended with the written agreement of both parties. 4. PROPOSED PAYMENT SC~K,,ULE AND PROCEDURES: Requests for payment will be submitted to the City's Office of Grants Compliance, accompanied by an invoice from the Subgrantee's contractor. Payment will be made to the Subgrantee based on the invoice within ten (10) days from date of receipt. 5. INDEmnIFICATION: The Subgrantee agrees to indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, legal actions and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the duties imposed upon the Subgrantee, and the rights and privileges granted by the City to the Subgrantee in this Agreement. Agreement Page 3 e e CO~PLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A, and all other applicable federal regulations relating to specific programs performed hereunder. UNIFORM ADMINISTRATIVE RE~UIR~ENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations", and the following Attachments to OMB Circular No. A-Il0: A, B, C, F, H, N and O. F~DERAL LABOR STANDARDS PROVISIONS: The Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, rehabilitation, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, and more fully detailed in Attachment B to this Agreement. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5. PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. No program income is expected to be generated as a result of this Agreement. However, program income, if any, from any sources shall be submitted to the City within five (5) days of its receipt by the Subgrantee. Program income does not include proceeds from fundraising activities carried out by the Subgrantee. 10. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of three (3) years after the expiration date of the Agreement. Appropriate City and/or HUD personnel shall have free access to those records during the Agreement duration and the following three-year time period. 11. CONFLICT OF IR'~'~.~-~T: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in Agreement Page 4 any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. 12. SUSPENSION AND 'r~INATION Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this Agreement, and this Agreement may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. 13. RE~F_/{SION OF ASSETS: Upon expiration of this Agreement, the Subgrantee shall transfer to the city any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The subject property at 110 First Street, N.W. shall provide jobs for low to moderate income persons until at least five years after the expiration of this agreement or December 31, 1995, whichever is longer. If the property changes ownership during that time, the benefit to low and moderate income persons must be required and specified by deed restrictions. If the property is sold prior to December 31, 1995, a pro rata share of the current fair market value of the property must be returned to the Grantee as prescribed in 24 CFR 570.503(b)(8)(ii). 14. ANNUAL AUDIT AND MONITORING: The Subgrantee shall provide for an independent audit, in compliance with OMB Circular A-128, which will include all CDBG expenditures covered by this Agreement. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit. 15. THII~D- PARTY CO~'£KACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. A~DMENTS. The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of the Music Center renovation project. In such event or events, such changes which are mutually agreed upon by and between the Subgrantee and Grantee shall be incorporated in written amendment to this Agreement Page 5 17. Agreement. GO~/~ING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as the day and year hereinabove written: ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By Witness By Theodore J. Edlich, III Executive Director Total Action Against Poverty U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES (CONTRACTS OVER $10,000) ATTACHMENT A page 1 "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous pla- ces available to employees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, it successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: as amended: Suc.h~ contra~ts Opportunity regulations at 24 construction contracts. ATTACHMENT A page 2 Contracts subject to Executive Order 11246) shall be subject to HUD Equal Employment CFR Part 130 applicable to HUD-assisted The Subgrantee shall cause or require to be inserted in full in any non- exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contrac- tor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national Origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. Ee The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regula- tions and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. -2- ATTACHMENT A page 3 In the event of the contractor's noncompliance with the non- discrimination.clauses of this contract or with any of such rules, regu- lations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineli- gible for further Government contracts or Federally-assisted construc- tion contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately pre- ceding paragraph (Al and the provisions of paragraphs (Al through (Gl in every subcontract or purchase order unless exempted by rules, regula- tions or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instru- mentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. -3- ATTACHMENT A page 4 Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Subgrantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Subgrantee of its obligation, if any, to require payment of the higher rates. The Subgrantee shall cause or require to be inserted in full in any such contracts subject to such regulations, provi- sions meeting the requirements of 29 CFR 5.5. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 4. Nondiscrimination Under Title VI of the Civil Riqhts Act of 1964: This Agreement is subject to the requirements of Title V) of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 5. Obligations of Subgrantee with Respect to Certain Third-part~ Relationshipc: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful require- ments of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee, is carried out in accordance with the Applicant's Assurances and certifica- tions, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -4- ATTACHMENT B U. S. OEP/~RTMENT OF HOUSING page 1 AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS Applicability: The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.l.(i) Minimum Wages: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are per- mitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural rela- tionship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually per- formed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-t321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the follow- ing criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates con- tained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) deter- mined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make paj~ents to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Bacon Act has been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-Q140.) -2- 2. Withholding: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federal)y- assisted contract subject to Davis-8acon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be 6onsidered necessary to pay laborers and mechanics, including appren- tices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such dis- bursements in the in the case of direct Davis-Bacon Act contracts. 3.(i)Payrolls and Basic Records~ Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid {including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b){2){B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (al(Il(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially respon- sible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ill(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3){i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number -3- 02g-005-00014-1)) U. S. Government Printing Office~ Washin~ton~ DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OM8 Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such infor- mation is correct and complete; (2} That each laborer or mechanic (including each helper, appren- tice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissable deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classifi- cation of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.{ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying or trans- cription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4.(i) Apprentices and Trainees - Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide appren- ticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first go days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a per- centage of the journeymen hourly rate specified in the applicable wage deter- mination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work per- formed until an acceptable program is approved. (ii) Trainees: Except as provided in 29 CFR 5.16, trainees will not be per- mitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an appren- ticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for appren- tices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. -5- (iii) Equal Employment Opportunity: The Utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 2g CFR Part 30. 5. Compliance with Copeland Act Require~nts: The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts: The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 2g CFR Part 5.5. 7. Contract Termination; Debarment: A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 2g CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements: All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. g. Disputes Concerning Labor Standards: Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispu- tes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contrac- tor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. 10.(i) Certification of Eligibility: By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(al of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(al of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or par- ticipate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees: No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against -6- by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act: As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (i) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in subparagraph (I) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and sub- contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts: The contractor or subcontractor shall insert in any sub- contracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety: (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. -7- (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may.result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every sub- contract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. -8- Current Davis-Bacon Wage Decision AMENDMENT NO. 1 to 1989-1990 Contract for Services THIS AMENDMENT, entered into this by and between the CITY OF ROANOKE (Grantee) ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY day of , 1990 and the CITY OF (Subgrantee). WHEREAS, the Grantee and the Subgrantee have, by a contract for Services under the Community Development Block Grant (CDBG) program, dated September 29, 1989, contracted for the provision of certain services by the Subgrantee in relation to the implementation of the City's CDBG program; and WHEREAS, by Ordinance No. adopted February 5, 1990 City Council has, and by Resolution No. , adopted 1990, the commissioners of the City of Roanoke Redevelopment and Housing Authority have authorized the execution of this amendment to the Contract dated September 29, 1990, such amendment to provide for the deletion of funds for the Henry Street Revitalization program. NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend: Part I, Section D, Subsection 3, Henry Street Redevelopment, to read as follows: '3. Henry Street Redevelopment - The Subgrantee shall implement the Gainsboro Conservation/Redevelopment Plan (Amendment No. 2), in the "Henry Street" area after its adoption by Grantee's City Council and the Subgrantee's Board of Commissioners.' (Delete the sentence "Funds available to the Subgrantee for these activities shall not exceed $235,275.") 'All expenditures shall be approved in advance by the Grantee. 'The Subgrantee shall arrange for and oversee the operation of two (2) parking lots on Centre Avenue and First Street in the "Henry Street" redevelopment area. Part II, Section A, Pro~ram Funds: Table I to appear as follows: (See Table I attached) The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this amendment as of the date first written above. Amendment No. 1 ATTEST: CITY OF ROANOKE City Clerk City Manager ATTEST: CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY ~D 0 0000000 0 0 o cD Office of the City Clerk February 7, 1990 File #60-305 Mr. Joel M. $chlanger Director of Finance Roanoke, Virginia Dear ,Ur, Schlanger: I am attaching copy of Ordinance No. 29923-2590 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for an additional allocation, in the amount of $60,000.00, to the Juvenile and Domestic Relations Court Services Unit budget for fiscal year 1989-90, to provide funds for increased cost of utilizing bed space at Youth Haven Ii in Roanoke County. Ordinance No. 29923-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, ~_~~ Mary F. Parker, CMC City Cle,k MFP:ra Enc. pc: Mr. W. Robert Herbert, City ~{anager Mr. James D. Ritchie, Director of Human Resources Room 456 MunicipaIBuilding 215 Chuah Avenue, S. W Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 1990. No. 29923-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Judicial Administration $ Juvenile & Domestic Relations Court (1) ............ Public Safety Jail (2) ........................................... 1) Fees for Prof. Services 2) Reimbursements (001-076-2130-2010) $ 60,000 (001-024-3310-8005) (60,000) 3,088,285 127,750 25,774,232 3,655,660 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk Roanoke, Virginia February 5, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: COURT SERVICE UNIT ADDITIONAL FUNDING REQUIREMENT Dear Members of Council: I. BACKGROUND Court Services Unit, within the Juvenile and Domestic Relations Court, is responsible for diverting children who can be cared for or treated through alternative programs from the juvenile justice system. This objective involves: * Provision of psychological counseling services * Authorization of both in-City and out-of-City detention of children who are a threat to the public or themselves * Supervision of children on probation City has maintained a low-cost cooperative arrangement with Roanoke County by "swapping days" at the City's Juvenile Probation House - Youth Haven I facility and the County's Youth Haven II facility, rather than paying the full cost for housing youth at these facilities. The City facility houses boys and the County facility houses girls as assigned by the Court. II. CURRENT SITUATION Each locality is now required to pay the full cost for services rendered, at their respective Youth Haven facilities, according to an agreement outlined by City, County and State officials in May 1989. The City per diem rate is $30.92 and the County per diem rate is $34.55. Court Services Unit recently overexpended its $50,750 budqet allocation for Fees for Professional Services. Honorable Mayor and Members of City Council Page 2 Do Average monthly cost for utilizing bed space a_~t Youth Haven II is approximately $8,000. The City generally utilizes 80-85% of the-- bed space capacity at the County facility. The cost of contracting for bed space and other professional services is an estimated $10,000 per month. Court Services Unit requires an additional~ $60,000 budget allocation to Fees for Professional Services to fund expenses through the end of Fiscal Year 1989-90. III. ISSUES A. Fiscal Accountability B. Provision of Services C. Funding Availability IV. ALTERNATIVES City Council approve the request fo~ an additional, allocation o__f $60,000 to the Cour~ Services Unit budget for Fiscal Year 1989-90 to provide for the increased cost of bed space at Youth Haven II in Roanoke County. Fiscal Accountability - City would provide payment to Roanoke County for the full cost of facility utilization. Court Services Unit would continue to meet its financial obligations. Provision of Services - Contract with Roanoke County for facility utilization and provision of other professional services would continue without interruption. Funding Availability - Funds in the amount of $60,000 are available through recovered costs generated from housing Federal and State prisoners at the City Jail. Honorable Mayor and Members of City Council Page 3 City Council not approve the reguest for an additional allocation of $60,000 to the Court Services Unit budget for Fiscal Year 1989-90 to provide for the increased cost of bed space at Youth Haven II in Roanoke County. Fiscal Accountability - City would not provide payment to Roanoke County for the full cost of facility utilization. Court Services Unit would not meet its financial obligation. Provision of Services - Contract with Roanoke County for facility utilization would be terminated. All related professional services would be unfunded during the remaining fiscal year. Funding Availability - Funding availability would not issue. be an V. RECOMMENDATION City Council concur in Alternative "A" and approve the request for an additional allocation of $60,000 to the Court Services Unit budget for Fiscal Year 1989-90 to provide for the increased cost of utilizing bed space at Youth Haven II in Roanoke County. Transfer funds available in the Jail Recovered Cost Account #001-024-3310-8005 to the Juvenile and Domestic Relations Court Clerk Fees for Professional Services Account #001-076- 2131-2010. Respectfully Submitted, W. Robert Herbert City Manager WRH:KTB Office of the City Clerk February 7, 1990 File #472-183-305 Mr. Robbie Whitwell Fleet Manager Shelar Chevrolet 2325 Roanoke Road Christiansburg, Virginia 24073 Dear Mr. Whitwell: I am enclosing copy of Ordinance No. 29925-2590 accepting the bid of ~erglund Chevrolet, Inc., for one new four-wheel drive crew- cab pick up truck, in the total amount of $20,479.22. Ordinance No. 29925-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment° Mary F. Parker, CMC City Clerk MFP:ra Room456 MunicipalBuilding 215Church Avenue, S W Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk February 7, 1990 File #47-183-305 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Iterbert: [ am attaching copy of Ordinance No. 29925-2590 accepting the bids of Berglund Chevrolet, Inc., for one new four-wheel drive crew-cab pick up truck, in the total amount of $20,479.22; and one new step van, in the total amount of $17,473.57. The above- stated Ordinance also accepts the bid of Pomoco, Inc., for one new 15 passenger van, in the amount of $15,940.00. Ordinance 29925-2590 was adapted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, ~,~_~ Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. Ronald H. Miller, Building Corrgnissioner/Zoning Administrator Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. James D. Ritchie, Director of Human Resources Ms. Annie Kronchalis, Manager, Crisis Intervention Center Room 456 MunicipalSuilding 215 Church Avenue, S W Roanoke. Virginia 24011 (703) 981 2541 Office of the City Clerk February 7, 1990 File #47-183-305 Mr. Ken Spangler Fleet Manager Berglund Chevrolet, [nc. P. 0. Box 12608 Roanoke, Virginia 24027 Dear ~r. Spangler: I am enclosing copy of Ordinance No. 29925-2590 accepting the bid of Berglund Chevrolet, Inc., for one new four-wheel drive crew- cab pick up truck, in the total amount of $20,479.22; and one new step van, in the total amount of $17,473.57. Ordinance No. 29925-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.w. Roanoke, virginia 24011 (703)981 2541 Office of the City Clerk February 7, 1990 File #472-183-305 Mr. Ernie Haynes Pomoco, Inc. 555 Mason Avenue Cape Charles, Virginia 23310 Oear Hr. Haynes: I am enclosing copy of Ordinance No. of Pomoco, [nc., for one new fifteen amount of $15,940.00. Ordinance No. the Council of the City of Roanoke at Monday, February 5, 1990. 29925-2590 accepting the bid passenger van, in the total 29925-2590 was adopted by a regular meeting held on Sincerely, I Mary F. Parker, CMC City Clerk MFP:ra Eric. Room456 MunicipaIBudding 215Church Avenue. S W Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk February ?, 1990 File #472-183-305 Mr. Bob ~aplan Vice President Dominion Car, ~td. 1259 East Mai~ ~treet Salem, Virginia 24153 Dear Mr. Kaplan: I am enclosing co~y of Ordinance No. 29925-2590 accepting the bid of Pomoco, Inc., for one r~ew fifteen passenger van, in the total amount of ~15,940.00. Or~Jinance No. 29925-2590 was adopted by the Council of the City o? Roanoke at a regular meeting held on Monday, Fet~ruary 5, 1990. On he,tall of the Mayor and ~embers of City Council, I would like to e~?.ess appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, ,, ~ Mary F. Parker, CMC City Clerk MFP:ra Enco Room456 Mun~cipalBuilding 215Chinch Avenue. S W Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of February, 1990. No. 29925-2590. AN ORDINANCE accepting bids for certain vehicular equipment; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Item Quantity and Successful Purchase Number Description Bidder Price 1 1 - New 4-wheel drive Berglund Chevrolet, $ 20,479.22 crew-cab pick up Inc. t tuck 2 1 - New 15-passenger Pomoco, Inc. $ 15,940.00 van (State Contract) 3 1 - New step van Berglund Chevrolet, $ 17,473.57 Inc. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filled in accordance with the City's specifications, the respective bids made therefor and in accordance with this ordi- nanee, dated February 5, 1990. B. Any and all other bids made said items are hereby REJECTED; so notify each such bidder and appreciation for each bid. 4. In order to provide for the usual municipal government, an emergency is deemed ordinance shall be in full force as more particularly set out in report to this Council to the City for and the City Clerk is to express to each the afore- directed to the City's daily operation of the to exist, and this and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 7, 1990 File #60-472-183-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29924-2590 amending and reordaining certain sections of the 1989-90 Genera! Fund Appropriations, providing for the transfer of $53,894.00 from the General Fund Contingency Account to Vehicular Equipment Accounts in the Public Works and Public Safety Directorates, to provide funds for the purchase of vans and pick-up trucks for use by the Street Maintenance Department, Crisis Intervention Center, and the Building Maintenance Department. Ordinance No. 29924- 2590 was adopted by the Council of the far meeting held on Monday, February 5, Sincerely, City of Roanoke at a regu- 1990. Mary F. Parker, Cit~ Clerk CMC MFP: ra Eric. pc: Mr. Mr. Mr. Mr. Mr. Administrator Mr. James D. Ritchie, Ms. Annie Krochalis, Mr. George C. Snead, Public Safety Mr. D. Darwin Roupe, W. Robert Herbert, City ~anager William F. Clark, Director of Public Works Ja~nes A. McClung, Manager, Motor Vehicle Maintenance William L. Stuart, Manager, Street Maintenance Ronald H. Miller, Building Cow~issioner/Zoning Director of Human Resources Manager, Crisis Intervention Center Jr., Director of Administration and Manager, General Services Room 456 Municipal6uilding 215 Church Avenue, S W Roanoke, Virginia 24011 {703) 981 2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 1990. No. 29924-2590. AN ORDINANCE to amend and reordain certain sections the 1989-90 General Fund Appropriations, and providing for emergency. WHEREAS, for Government of the exist. Roanoke of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works Street Maintenance (1) ........................... Public Safety Crisis Intervention (2) .......................... Building Inspections (3) ......................... Nondepartmental Contingency-General Fund (4) ..................... 1) Vehicular Equipment 2) Vehicular Equipment 3) Vehicular Equipment 4) Equipment Replacement Contingency (001-052-4110-9010 (001-054-3360-9010 (001-052-3410-9010 (001-002-9410-2202 $ 20,480 15,940 17,474 (53,894) $ 19,022,084 2,419 236 25,837 647 378 783 574 726 15,330 684 322 585 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk Roanoke, Virginia February 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Heabere of Council: SUBJECT: BIDS TO PURCHASE VANS AND PICK UP TRUCKS BXDNU~BER 89-12-18 I concur with the recommendation of the bid committee relative to the above subject and recommend it to you for appropriate action. DDR/klm c: City Attorney Director of Finance Respectfully submitted, W. Robert Herbert City Manager Roanoke, Virginia February 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS TO P~RCHASE VANS AND PICK UP T~UCKS BID N~MBER 89-12-18 October 9. 1989, City Council designated funds in the Capital Maintenance and Equipment Replacement Program to provide for the purchase of necessary vehicular equipment. December 7, 1989 specifications and request for quotations were specifically sent to ten (10) vendors currently shown on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on December 10, 1989. Bids were received, after due and proper advertisement, until 2:00 p.m. on December 27, 1989, at which time all bids so received, were publicly opened and read in the Office of the Manager of General Services. II. CURRENT SIT~ATION Three i3) bid responses were received. Bid tabulation is attached. All bids received were evaluated in a consistent manner by representatives of following departments. the General Services Motor Vehicle Maintenance Street Maintenance Building Naintenance C. Bid evaluations are as follows: Item #1 - One {1) new, 4-wheel dr~ve, Crew Cab Pick-up Truck for Street Maintenance. Honorable Mayor and City Council Page 2 III. IV. a) The lowest bid submitted by Shelor Chevrolet took an exception to the alternator. Shelor states that the Heavy Duty Alternator can be provided as part of a package which would cost an additional $626.48. b) The second 1OW bid submitted by Berglund Chevrolet, Inc. meets all required specifications for the cost of $20,479.22. Item .2 - One (1) New Fifteen Passenger Van for Crisis Intervention Center. a) One (1) bid was received from Dominion Car Ltd. for a total cost of $18.099.28. b) This unit is available under State Contract with Pomoco, Inc. for a total cost of $15,940.00. Item #3 - One (1) New Step Van for Building Maintenance. a) One (1) bid was received for this item. That bid, submitted by Berglund Chevrolet, Inc. meets all required specifications for the total cost of $17.473.57. ISSUES A. Need B. Compliance with Specifications C. Fund Availability ALTERNATIVES Ae Council award the purchase of Vans and Pick up Trucks as follows: Item #1 - One (1) New 4-wheel drive crew cab pick up truck as submitted by Berglund Chevrolet, Inc. for the total cost of $20.479.22. Honorable Mayor and City Council Page 3 Ve Item #2 - One (1) New Fifteen (15) passenger van available under State Contract from Pomoco, Inc. for a total cost of $15,940.00. Item #3 - One (1) New Step Van as submitted by Berglund Chevrolet, Inc. for the total cost of $17,473.57. a! Need - Requested items are necessary for continued support of Street Maintenance, Building Maintenance and Crisis Intervention. b) Compliance with S~ecifications - Those units recommended in this alternative meets all required specifications. c) Fund availability - Funds designated in the Capital Maintenance and Equipment Replacement Program in the General Fund Contingency Equipment Replacement Account Number 001-002-9410-2202 to provide for this purchase. B. Reject all BAds. Need - Necessary equipment would not be purchased· Compliance with Specification - would not be a factor in this alternative· Fund availability - Designated funds would not be expended. O 0 Council concur with Alternative "A" - award the purchases of vehicles as follows: Item #1 - One (1) New 4-wheel drive, crew-cab pick up truck as submitted by Berglund Chevrolet, Inc. for the total cost of $20,479.22. Honorable Mayor and City Council Page 4 Item #2 - One (1) New 1S passenger Van available under State Contract from Pomoco, Inc. for the total cost of $15t940.00. Item #3 - One {1) New Step Van as submitted by Berglund Chevrolet, Inc. for the total cost of $17,473.57. Reject all other bids. Transfer $53,892.79 from General Fund Contingency Equipment Replacement Account No.001-002-9410-2202 to appropriate accounts as follows: ~_20~_439.2_2 to account no. 001-052-4110-9010 ~5,940.00 to account no. 001-054-3560-9010 $17,9_53.57 to account no. 001-052-3410-9010 Respectfully submitted, Committee: William F. Clark DDR/klm c: City Attorney Director of Finance Ja~s A. McClung C3 D. Darwin Roupe ci o~ Z 0~ O~ 0 Z ~ Z Now that we are 7 months into our current fiscal year and beginning our next year's budget process, this is a good time to reflect on what has happened so far this fiscal year and what the future could bring. Although most economic exDerts do not predict a recession through fiscal year 1992, the U.S. economy is experiencing a In recession without slowdown which has been called a "soft landing" by the media. recent months we are seeing all the signs of a really calling it one. The Commonwealth of Virginia as well as the City of Roanoke are not immune to a national economic slowdown. The General Assembly has before it now a proposed reflecting the economic slowdown in Virginia. The State continues to grow but has been accustomed years the State's budget has it will be below levels to which the to in recent years. Over the past grown at a rate of 10% per year. budget budget State four 1 This year the projection is a 5% growth which relates to a 50% decrease in new revenues. The Governor said that all Virginian's will have to make a sacrifice. That in turn means that the City of some shock treatment in State aid. We notices from several State departments current fiscal year has been cut back. there would be no loss of funds to problem at the State level, the revenue. Roanoke could be in for have already received that our funding for the Although we heard that localities due to the revenue fact is that we are losing Our "599 Aid Prograra", a program that began in 1979 due to loss of annexation rights and is for funds received for law enforcement, has been reduced $109,727 for this year. This decrease is due to the fact to the total size of its revenue downward, ~ months that a formula is used -- and is tied the State budget. When the State revised our revenue went down -- and there is only left in the fiscal year to react to it. Our recommended 2 figure in the or a loss of $138,224. for Education. While State budget for FY91 is 6% less that that figure, We have all read the proposals on funding our local schools expected a $2.6 million increase this Fall, it has changed at least an increase schools want to do. to a $1.2 million increase -- -- but certainly not enough to do what our The State has talked about equal partnership for schools. -- and a requested increase of 24% in local funds -- that is what I call an equal partnership. Their recommended increase is only a 3.5% increase not The Federal budget has just been introduced in Washington and it will be weeks before we understand how that will affect us. We know already that the 1,569 page door-stop document includes cuts in Medicare, pension benefits, urban mass transit, and benefits to help the poor pay their heating bills, as well as many other recommended cuts in social programs. Yes, the Federal budget includes much needed funding for the River Project -- but that is Capital money. They have neglected the growing proportion of our population -- the elderly, the poor, the disadvantaged. What concerns me is that we do not have the capacity to take care of all of our problems, and our partners -- the Federal and State Governments -- are not being equal partners. Our local economy is also starting to feel the pinch of a slowdown. Our sales tax revenue for the first 6 months of this fiscal year reveals that we have collected 2% or over $110,000 less than the same period of time last year. As you can see from your financial report, the category of all other local revenue, which includes Sales Tax, Meals Tax, Utility Tax, Cigarette Tax, Admissions Tax, Business and Operations License Tax, and Motor Vehicles Licenses, are down almost 1% over last year, showing no growth at all and reflecting a slowdown. In fact, last year at this time we had collected 6% more than the previous fiscal year and this year we are only 3% ahead. Nothing to panic about -- but something to think about. As we enter the budget process we must take all these indicators into mind. What scares me the most is not what we know, but what we don't know. be done at the last moment, The State budget when passed will and having first hand knowledge of what happens as a staff person to that budget process many years ago, the changing of a definition, a comma, or leaving a word out sometimes makes a drastic change in funding levels to local governments. Since we are in a long session, the budget probably will not be passed until March 15 -- well into our budget process. The budget is must tie one thing we must all do as we prepare for this year's realize that we cannot be all things to all people. reality to the budget process and realize that a budget is a delicate balance between what the taxpayer is and willing to pay and what all the special interest to spend. We good able groups want February 5, 1990 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 December, 1989. JMS/kp GENERAL FUND CONTINGENCY BALANCE AS OF DECENR~R 31, 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 Management and Budget Dir. of Human Resources Library Social Services Emergency Services Dir. of Human Resources 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 Consolidation Expenses Drug Task Force Expenses Automated Library System Furniture and Equipment Transport Billing Service Swin~oing Pool Passes $ 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 3,500 5,000 2,000 15,327 3,500 5,000 500' $ 242,817 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 City Attorney Transfer to Capital Fund School Buses Typewriter Flood Reduction Total Contingency Balance 750,000 (150,000) ( 875) (150,000) 449~125 $ 841~942 1 CITY OF ROANOKE STAT~EI~T OF REVENUE General Propert~ Taxes Other Local Taxes Permits, Fees, and Licem~es Fines and Forfeitures Revenue Fr~n Use of Money & Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Govea-nmant Charges for Curr~nt Services Miscellaneous Revenue Internal Services Total Y~ ~ {3{{ti} f~ t~e July 1-De~:.31 ,]"1I 1-{)~:.31 1~-89 1~0 $15,505,047 $16,837,269 8.59% $ 45,501,500 11,373,207 11,296,778 ( .67%) 35,423,000 247,724 207,243 (16.34%) 445,000 344,253 294,715 (14.39%) 568,000 642,482 741,486 15.41% 1,456,000 14,132,204 14,097,264 ( .25%) 31,618,763 8,007,822 8,345,609 4.22% 22,968,434 112,017 20,622 (81.59%) 27,000 1,101,675 1,198,820 8.82% 1,903,853 147,656 135,527 (8.21%) 773,725 741,976 764,375 3.02% 1,545,800 $52,556,063 $53,939,708 37.00% 31.89% 46.57% 51.89% 50.93% 44.59% 36.34% 76.38% 62.97% 17.52% 49.45% 3.02% $142,231.075 37.92% 2 CITY OF ROANOKE, VIRGINIA GENE~%L FUND STATEMfF~I~ OF ~ENDITURES AND ENCUMBRANC~..~ ~eneral ~ovenment Judicial A~m~ n~ stration Public SaferF Public Works Health and Welfare Parks, Recreation & Cultural Cc~mmnity Development Education I~t Service Non-Departmental ~otal Year to Date fox the Period J~/y 1-D~:.31 ~l! 1-Dec.31 ~? $ 3,912,671 $ 3,902,265 ( .27%) $ 4,204,964 $ 8,107,229 1,328,105 1,464,088 10.24% 1,564,197 3,028,285 11,452,030 12,739,377 11.24% 13,027,480 25,766,857 9,919,451 10,575,245 6.61% 8,337,852 18,913,097 5,563,849 5,755,820 3.45% 6,251,061 12,006,881 1,762,670 2,064,807 17.14% 1,662,671 3,727,478 548,059 808,240 47.47% 464,041 1,272,281 25,345,801 28,333,323 11.79% 35,193,535 63,526,858 5,383,149 5,967,54~ 10.86% 2,410,899 8,378,447 493,405 664,355 34.65% 6,467,659 7,132,014 ~65.709o19~ $72,275,068 9.99% 48.13% 48.35% 49.44% 55.91% 47.94% 55.39% 63.53% 44.60% 71.22% 9.3~ $79,584,359 $151,859,427 47.59% 3 CAPITAL PROJECTS F~IqD STATEMENT OF EXPENDITUI~S, ENCUMBI~NCES AND UNEN~ APPROPRIATIONS SU~/~y AS OF DECENR~ 31, 1989 General ~overument Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Cc(~unicatinn Other Infrastructure Projects Capital Improvement Reserve Total Capital Projects Fund 1,427,922 $ 4,347,570 $ 5,775,492 $ 5,108,625 $ 666,867 $ 30,780 $ 636,087 602,225 7,802,765 8,404,990 4,473,119 3,931,871 182,937 3,748,934 54,194 607,423 661,617 409,920 251,697 168,339 83,358 1,112,191 3,444,320 4,556,511 2,761,036 1,795,475 1,365,848 429,627 4,22~,475 4,640,710 8,864,185 6,437,266 2,426,919 1,942,713 484,206 1,151,281 153,795 1,305,076 736,410 568,666 152,144 416,522 267,514 14,193,050 14,460,564 407,959 14,052,605 124,890 13,927,715 2,969,073 1,364,467 4,333,540 4,333,540 4,333,540 $11,807.875 ~36,554,100 $48,361,975 $20.334.335 $28,027,640 $3,967,651 $24.059,080 4 CITY OF ROANO~ WAT~K FUND COI4~ARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDED DECEMBER 31, 1989 Operating 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 $ 550,998 734,469 52,904 25,065 482,125 96~339 lr941f900 411,199 757,070 175,128 82~006 lf425~403 516,497 344~049 172f448 101,482 2,475 2,341 106~298 278,746 5~000 5r000 1988 542,403 757,267 55,816 28,449 552,082 242f357 2~178f374 390,812 687,948 195,625 96~028 1~370,413 807,961 335~337 472~624 94,308 2,475 403 2~028 99~214 571,838 9~133 9,133 Net Income $ 273~746 $ 562~705 5 NA?ER FUND CONTIN~ 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 $216,214 95,870 10,766 21,716 107,565 99,979 12,103 44,352 5~794 614,359 237t799 $376r560 NO~E: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREAT)~NT FUND COMPARATIVE INCOME STATE~E/~ FOR T~E 6 MONT~S ENDED DECemBER 31, 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 $1,995,636 524,685 156,161 741,356 22,406 55,244 7~442 3~502f930 636,266 2f047~922 2r684~188 818,742 462~803 355~939 121,218 62,943 6~371 190r532 546,471 42~188 42,188 $ 504~283 1988 $2,025,790 309,397 118,998 389,323 24,407 54,476 6{149 2~928~540 607,684 2~314~318 2~922,002 6,538 453~843 447,305) 109,949 13,090 2~021 125~060 (322,245) 51,345 51r345 373,590) SEWAGE TREATMENT FUND CONTI~J~/) 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. Mud Lick Sanitation Sewer Replacment Ph. Williamson Road Storm Drain Ph. 2, Cont. Coyner Springs Sewer Williamson Road Storm Drain Ph. Williamson Road Storm Drain Ph. Roanoke Diesel Engine #7 IIB II IIC 2, Cont. liE 2, Cont. IF Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 2,160 61,949 26,387 19,721 65,407 6,046 373,360 472,295 496,948 339,240 112,832 6,552 630 1,983,527 1~202~772 780,755 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. ROANOKE REGIONAL AIRPORT CO~ISSION COMPARATIVE INCOME STATE~EN~ FOR THE 6 MONTHS ENDED DECEMBER 31, 1989 Operating Revenue: 1989 1988 Landing Fees $ 211,104 $ 216,383 Building and Equipment Rentals 81,843 76,716 Terminal Building Rentals 62,490 95,148 Other Property Rentals 242,466 15,117 Advertising 12,974 12,332 Commissions 921,234 813,168 Fuel and Oil Sales Commissions 11,269 21,086 Miscellaneous Fees 18~233 32~894 Total Operating Revenue 1~561~613 1~282~844 Less: Operating Exp. Before Depreciation Personal Services 407,921 257,713 Operating Expenses 715~330 660~481 Total Operating Exp. Before Depreciation 1~123~251 918~194 Operating Income Before Depreciation 438,362 364,650 Less: Depreciation 451,868' 265~536 Operating Income (Loss) { 13~506) 99~114 Add: Non-Operating Income Interest on Investments 113,535 67,629 Interest Income - Airport Debt Service Account 10~954 Total Non-Operating Income 124~489 67,629 Income Before Non-operating Expenses 110,983 166,743 Less: Non-Operating Expenses Interest Expense 50,185 53,081 Paying Agent Fees 3,104 Interest Expense - '88 Rev. Bond Issue 136~603 Total Non-operating Expenses 189~892 53~081 Net Income (Loss) 78,909) $ 113,662 *Includes $163,524 depreciation for new terminal and equipment for September through December, 1989. ROANOKE REGIONAL AIRPORT CO~ISSION CONTINUED 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 1,198 19,342 680 283,887 23,750,214 19,014 5~030 24,107,290 18~975~312 $ 5~131~978 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 10 CITY OF ROANOKE Ci-~IC CEN'r~ FUND COMPARATIVE INCOME STAT~EBT FOR THE 6 MONTHS ENDED DECE~R. 31, 1989 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Con~nissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Co~m~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 $ 164,986 23,441 53,733 1,230 38,244 40~863 322r497 272,043 134,505 315,736 33,142 5~497 760r923 (438,426) 171~531 (609r957) 23,654 2~772 26~426 1988 $ 191,894 31,580 63,533 1,525 53,127 48~692 390{351 259,300 209,587 243,424 31,071 2~469 745~851 (355,500) 161~465 {516~965) 23,064 2~069 25~133 Net (Loss) $(583,531) $(491~832) 11 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Elevator for Handicapped Trade & Convention Center Study Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 30,550 136,305 45~124 211,979 62~628 $149~351 NOTE: Some of these projects are continued from FY88 and FY89 with inception to date totals. 12 CITY OF ROANOKE IN~ SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDED DECENR~ 31, 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 3~283,759 3r283~759 1,895,595 1~010~965 2~906~560 377,199 344~031 33~168 70~833 70~833 $ 104~001 1988 3~115,474 3~115~474 1,816,870 835~675 2~652~545 462,929 309~016 153~913 38~893 38,893 192,806 13 INTERNAL SERVICE FUIqD CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect CIS - Other Equipment MC - Furniture & Equipment MVM - Other Equipment ULS - Other Equipment ULS - Land Purchase ULS - Construction - Structures Year to Date Expenditures $ 61,530 9,468 2,901 18,195 1,050 67~760 Total $160~904 14 CITY OF R0ANOKE, VIRGINIA CITY TREASURER'S OFFICE GEHERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OECEMBE8 31, 1989 TO THE DIRECTOR OF FINANCE: GENEBAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY FOR THE FUNOS OF 5AIO CITY THE MONTH ENOED OECENBER 91, 1989. OF ROANOKE~ VIRGINIA FUND BALANCE AT RECEIPTS DISBURSEMENTS BALANCE AT BALANCE AT NOV 30, 1989 OEC. 31, 1989 DEC. 31, 1988 GENERAL $13,63E,07§.84 $18,182,70§.61 $17,349,163.86 $8,46§,616.99 $9,753,761.40 CAPITAL $13,499,081.10 $713,969.8§ $790,§29.05 $13,482,§21.90 S17,411,155.12 DEBT SERVICE $734,219.21 $1,~82,56851 $2,89E,884.68 $83,89704 $154,873.04 WATER $2,A94,798.13 $332,941.10 $395,31755 $8,432,421.68 $8,642,872.43 SEWAGE TREATHEMT $2,§45,879.73 $994,597.02 $968,842.84 $E,571,683.91 $B,667,E61~78 AIRPORT $E,361,508.19 $371,818.94 $868,00847 $8,471,318.66 $3,839,41533 CIVIC CENTER $810,734.40 $108,601.41 $80,I09.38 $333,886.54 $349,339.41 INTERNAL SERVICE $1,846,056 36 $586,50169 $887,637.13 $B,14A,900.98 $1~337,575.04 PAYROLL ($6,185,~73.§15 $7~913,367.06 $10,153,938.61 ($8,48~,845.065 ($8,330,998.315 PUBLIC ASSISTANCE ($374,048.86) $384,70965 $379~808.86 ($368,548.075 ($316,387.145 FIFTH OIST CONSORTIUM ($BO,004.BB) S853,608.35 $37,316.60 $196,861.33 S114,481.55 GRANT PRODRAMS ($B06,438485 $598,821.15 $I,286,30978 ($844,527.065 ($1,880,098.195 TOTAL $30,637,967.34 $85,957,598.34 $34,178,68670 $82,428,87298 $88,402,917.36 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGtHIA~ FOR THE FUNOS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENOING OECE~BER 31, 1989 THAT 5AIB FOREGOING: CERTIFICATES CASH OF OEPOSITS UNITED STATES SECURITIES TOTALS CASH IN HANO CASH IN BANk INUESTMENTE ACQUIRED FROM C0MPETITIVE PROPOSALS: CENTRAL FIDELITY CHARTER FEDERAL SAUIHGS BANk COPEAST SAVINGS BANk CRESTA~ BANk DOMINION BANk PERPETUAL SAVINGS BANk SIGNET BANk SOVRAN BAHk $832,231.64 $970,62134 $970,621 34 $6,000,000.00 $6,000,000 O0 $3,000,000.00 $9,000,000 O0 S2,000,000.00 $2,000,000 00 $3,200,000.00 $3,200,000 O0 $7,000,000.00 $7,000,000 O0 TOTALS $1,822,872.98 $18,000,000.00 $3,200,000.00 S28,42E,872 ~8 DATE: JANUARY 18, 1990 ~~~ ROANOKE CITY TREASURER 15 CITY OF ROANOKE PENSION PLAN STATEMENT OF R~vF~JE AND ~XDENSES FOR THE 6 MONTHS ENDED DECENm~R 31, 1989 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1989 $2,661,215 1,965,835 600,346 129~288 $5r356,684 1988 $2,171,219 1,676,921 197,132 116~386 $4,161r658 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $2,411,877 145,850 8,023 101,388 132~744 2~799~882 $2~556,802 $2,305,010 108,367 5,668 138,136 91~602 2~648~783 $1r512~875 16 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF DECE~aF.R 31, 1989 ASSETS Cash Investments: (market value - 1989 $108,380,469 and 1988 $ 91,924,261) Total Assets 1989 1988 $ 1,233 $ 909 98f364f643 $ 98r365~876 88f137~928 $ 88,138~837 LIABILITIES AND FUND BALANCE Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 95,809,074 2,556~802 98f365~876 98~365~876 86,625,962 1~512~875 88~138~837 88~138~837 17 Office of the City Clerk February 7, 1990 File #60-184 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance Ho. 29926-2590 amending and reordaining certain sections of the 1989-90 General and Internal Service Funds Appropriations, providing for certain adjustments to salary budgets for the second quarter of fiscal year 1989-90. Ordinance No. 29926-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Since.ely, ~~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager David H. Dew, Budget Administrator Room456 MunicipalBuilding 215Church Avenue, S W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 1990. No. 29926-2590. AN ORDINANCE to emend and reordain certain sections of the 1989-90 General and Internal Service Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Commissioner of Revenue (1) ...... Treasurer (2) .................... General Services (3) ............. Registrar (4) .................... Commonwealth Attorney (5) ........ Police Administration (6) ...... Police Investigation (7) ....... Police Patrol (8) .............. Police - Services (9) ............ Fire Administration (10) ....... Fire - Operations (11) ........... Fire - Training and Safety (12).. Jail (13) ........................ Emergency Medical Services (14).. Street Maintenance (15) .......... Communications (16) .............. Custodial Services (17) ............................ Building Maintenance (18) .......................... Grounds Maintenance (19) ........................... Social Services - Administration (20) .............. Social Services - Income Maintenance (21) .......... Social Services - Services (22) .................... 787,426 618,616 402,122 169,992 599,117 157,578 1,948,564 5,793,472 1,655,320 267,178 8,424,425 116,340 3,712,210 658,370 2,392,507 1,414,140 853,385 3,165,223 2,800,748 401,691 3,359,638 4,723,423 Social Services - Employment Services (23) ......... $ 437,564 Parks and Recreation (24) .......................... 1,254,132 Libraries (25) ...... Economic Development'i~'~i~'i~i[[~[[[[[[~[[[[[ 1,769,594 297,332 Personnel Lapse (27) ............................... ( 205,995) Revenue Commissioner of Revenue (28) ................ Treasurer (29) .............................. Commonwealth Attorney (30) .................. Jail (31) ............................. PA Administration & Staff Development Employment Services (33) .................... $ 209 249 438 3,292 3,418 355 462 334 423 605 395 447 Internal Service Fund Appropriations City Information Systems (34) ...................... $ Utility Line Services (35) ......................... Motor Vehicle Maintenance (36) ..................... Personnel Lapse (37) ............................... 2,815,871 2,622,703 1,740,546 20,100) 1) Regular Employee Salaries 2) Regular Employee Salaries 3) Regular Employee Salaries 4) Regular Employee Salaries 5) Regular Employee Salaries 6) Regular Employee Salaries 7) Regular Employee Salaries 8) Regular Employee Salaries 9) Regular Employee Salaries 10) Regular Employee Salaries 11) Regular Employee Salaries 12) Regular Employee Salaries 13) Regular Employee Salaries 001-022-1233-1002 001-020-1234-1002 001-050-1237-1002 001-010-1310-1002 001-026-2210-1002 001-050-3111-1002 001-010-3112-1002) 001-072-3113-1002) 001-028-3114-1002) 001-050-3211-1002) 001-050-3213-1002) 001-050-3214-1002) 001-024-3310-1002) 6 300) 3 050) 7 800) 1 550) 6 100) 4 300) 42 200 37,650) 38,000) 300) 9,800) 1,950) 3,450) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31 32 33 34 35 36 37 Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Personnel Lapse Commissioner of Revenue Treasurer Commonwealth Attorney Jail PA Admin. & Staff Devel. Employment Services Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Personnel Lapse 001-050-3521-1002) 001-052-4110-1002) 001-052-4130-1002) 001-052-4220-1002) 001-052-4330-1002) 001-050-4340-1002 001-054-5311-1002 001-054-5313-1002 001-054-5314-1002 001-054-5316-1002 001-050-7110-1002 001-054-7310-1002 001-002-8120-1002 001-002-9410-1090 (001-020-1234-0612) (001-020-1234-0613) 001-020-1234-0610 001-020-1234-0651 001-020-1234-0676 001-020-1234-0681' 006-050-1601-1002 006-056-2625-1002 006-052-2641-1002 006-002-9411-1090 $(5,000) 6,250) 2,100) 6,900) 4.800) 1o0o0) 5050 36400 37 900 8 050 10 000 9 900 1 060 133,585 3,150 1,525 6,100) 3,450) (63,480) ( 8,050) (16,950) (20,650) ( 8,500) 46,100 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. February 5, 1990 TO: FROM: SUBJECT: Honorable Mayor and Members of Joel M. Schlanger Personnel Lapse City Council requested Office. The attached budget ordinance adjusts salary budgets as by the accompanying report from the City Manager's ~ector of Finan~ JMS/kp Attachments CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: January 25, 1990 TO: FROM: Joel M. Schlanger, Director of Finance ~ Barry L. Key, MaJn.~le~J~ffice of Management and Budget thru W. Robert Herbc~'ff~Ci~ Manager SUBJECT: Fiscal Year 1989-90 Second Quarter Personnel Lapse Report Attached is the summary report of second quarter personnel lapse available from the General and Internal Service Funds. The following figures represent the status of lapse funding required for Fiscal Year 1989-90: GENERAL FUND: Total Budgeted Personnel Lapse Net First Quarter Personnel Lapse Reduction Budgeted Personnel Lapse Balance Remaining Recommended Second Quarter Expenditure Reduction Recommended Revenue Adjustment Net Second Quarter Personnel Lapse Reduction Budgeted Personnel Lapse Balance Remaining $550,000 (210,420) ($219,340) 85~755 $339,580 (133,585) $205,995 INTERNAL SERVICE FUND: Total Budgeted Personnel Lapse Net First Quarter Personnel Lapse Reduction Budgeted Personnel Lapse Balance Remaining Net Second Quarter Personnel Lapse Reduction Budgeted Personnel Lapse Balance Remaining $100,000 (33,800) $ 66,200 (46,100) $ 20,100 Office of the City Clerk February 7, 1990 File #24A-84-5 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29927-2590 amending Chapter 21, Offenses.- miscellaneous, Code of the City of Roanoke (1979), as amended, by enacting new §21-18.1, ,Solicitation ~or fornication,._~domy or adul._._.t_ery, such new section defining the crime of solicitation and establishing a penalty therefor. Ordinance ¥o. 29927-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP: ra Ene. 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. 0. Box 1016, Salem, Virginia 24153 The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph ~. Clarke, II, Judge, Juvenile and Domestic ~elations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court Room 456 Municipal Building 215 Church Avenue, S, W. Roanoke, Virginia 24011 (703) 981 2541 Mr. W. Robert Herbert February 7, 1990 Page 2 pc: The Honorable Julian H. Raney, Jr., Judge, General District Court The ~onorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond Fo Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mso Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th day of February, 1990. No. 29927-2590. VIRGINIA, of Solicitation for fornication, sodomy fining the crime of solicitation and and providing for an emergency. AN ORDINANCE amending Chapter 21, Offenses - miscellaneous, Code the City of Roanoke (1979), as amended, by enacting new §21-18.1, or adultery, such new section de- establishing a penalty therefor; BE 1. Roanoke addition of IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 21, Offenses - miscellaneous, Code of the City of (1979), as amended, shall be amended and reordained by the the following new section: §21-18.1. Solicitation for fornicationt sodomy or adultery_. (a) Any person who (1) communicates to another, not his or her spouse, an offer to commit fornication as defined by §18.2-344, Code of Virginia (1950), as amended ("State Code"), or sodomy as defined by §18.2-361 of the State Code or adultery as defined by ~18.2-365 of the State Code; or (2) accepts from another, not his or her spouse, an offer to commit fornication as defined by §18.2-344 of the State Code, sodomy as defined by §18.2-361 of the State Code or adultery as defined by ~18.2-365 of the State Code; or (3) bargains with, negotiates with or inquires of another, not his or her spouse, concerning the price or other circumstances relating to commission of for- nication as defined by §18.2-344 of the State Code, sodomy as defined by ~18.2-361 of the State Code or adultery as defined by §18.2-365 of the State Code shall be guilty of a Class 1 misdemeanor. (b) No substantial act shall be required in the commission of the crime defined by subsection of this section. (a) (c) For the purposes of enforcement of this section, a court shall consider any evidence defining slang expres- sions, codes or other words used to describe fornication, sodomy or adultery or the price therefor or the method of payment relating thereto. 2. 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. WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTOR!~E¥' 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 TELEPHONE 7~13-9~1-2431 February 5, 1990 'WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Crime of solicitation Dear Mrs. Bowles and Gentlemen: The Code of the City of Roanoke (1979), as amended, does not currently define the crime of solicitation to commit certain sexual offenses. I have been requested by the Commonwealth's Attorney and the Chief of Police to research and recommend, if possible, a solici- tation ordinance which will pass constitutional muster. It may be recalled that, prior to adoption of the current City Code in 1979, the Code included the offense of solicitation for immoral purposes. In recodification, this section was repealed, probably because it was unconstitutionally vague and ambiguous. After much research and many draft ordinances, I am pleased to recommend to you the attached solicitation ordinance which appears to me to be constitutional and should give our police officers a new weapon to deal with the problem of solicitation on the public streets. The ordinance prohibits communicating to or accepting from another person, not a spouse, an offer to commit sodomy, adultery or fornica- tion. It also prohibits bargaining or negotiating with another per- son, not a spouse, concerning the price or other circumstances relat- ing to commission of sodomy, adultery or fornication. The ordinance carries a Class 1 misdemeanor penalty (12 months in jail or a $1,000 fine or both). The Honorable Donald S. Caldwell, Commonwealth's Attorney, and M. David Hooper, Chief of Police, have reviewed the attached ordi- nance and concur in the recommendation that it be adopted. I wish to acknowledge the expertise and assistance of the Commonwealth's Attorney's office in the development of this new ordinance. With kindest personal regards, I am Sincerely yours, City Attorney WCDJr: fcf Honorable Mayor and Members of City Council February 5, 1990 Page 2 Attachment ce: The Honorable Donald S. Caldwell, Commonwealth's Attorney W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk Office of the City Clerk February 8, 1990 File #467 The Eonorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear ~rs. Bowles and Gentlemen: Please note the following dates on your calendar with regard to the School Board selection process: On Monday, ~arch 12, 1990, at 6:00 p.m., in the Lobby of the Municipal Building, Council will hold an informal meeting (reception), which will be open to the public, with all can- didates for school trustee. On Monday, March 26, 1990, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will review and consider all candidates for the position of school trustee. At such meeting, Council will review all applica- tions filed for the position and may elect to interview can- didates for such positions. On Monday, April 9, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates those ca~- didates to be accorded the formal interview and all other candidates will be eliminated from the school trustee selec- tion process. The number of candidates to be granted the interview will not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 16, 1990, at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. Room456 Municipailiuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)98~-2541 The Honorable Mayor and Members of the Roanoke City Council Page 2 February 8, 1990 On Thursday, April 19, 1990, at 7:00 p.m., in the City Council Chamber, Council will hold a meeting for the purpose of conducting a public interview of the candidates for the position of school trustee. On ~onday, May 14, 1990, at 7:30 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the vacancies on the Roanoke City School Board. If you desire additional information, or if I may be of assis- tance in any way, please do not hesitate to call me. With kindest personal regards, I am Sincerely yours, Mary F. Parker, CMC City Clerk MFP:ra SB.DATES pc: Mr. James ~. Turner, Jr., Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, P. ©. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Office of the City Clerk February 7, 1990 File #323 Mr. Matthew McCulley President Consolidated Industrial Roofing, P. 0. Box 3277 Roanoke, Virginia 24015 [nc o Dear Mr. McCulley: I am enclosing copy of Ordinance No. 29929-2590 accepting the bid of Consolidated Industrial Roofing, Inc., in the total amount of $12,610.00, for roof replacement at the Northwest Library. Ordinance No. 29929-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, Mary F. Parker, City Clerk MFP: r a Enc, pc: Mr. W. Robert Herbert, City ~fanager Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. James D. Ritchie, Director of Human Resources Ms. Beverly Bury, City Librarian Ms. Dolores C. Daniels, Citizens~ Request for Service Room456 MunicipalBuilding 215Church Avenue, S W Roanoke, Virginia 24011 (70.t)981 2541 Office of the City Cler~ February 7, 1990 File #323 Ms. Cynthia Mo Shelor Vice-President John T. ~organ Roofing and Sheet Metal Company, lnc. 1620 Sixth Street, N. E. Roanoke, Virginia 24012 Dear Ms. Shelor: I am enclosing copy of Ordinance No. 29929-2590 accepting the bid of Consolidated Industrial Roofing, Inc., in the total amount of $12,610.00, for roof replacement at the Northwest Library. Ordinance No. 29929-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. On behalf of the Mayor and Hembers of City Council, f would like to e.~press appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, C~4C City Clerk MFP:ra Eric. Room456 Municipallluilcling 215Church Avenue,$ W Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk February 7, 1990 File #323 Mr. Michael Ao ~urth Vice-President AAR of North Carolina, Inc. 717 Inderneer Road Kernersville, North Carolina 27284 Dear ~fr. Kurth: I am enclosing copy of Ordinance No. 29929-2590 accepting the bid of Consolidated Industrial Roofing, Inc., in the total amount of $12,610.00, for roof replacement at the Northwest Library. Ordinance No. 29929-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. On behalf of the Mayor and Members of City Council, I would like to e:cpress appreciation for submitting your bid on the above- described project. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Enc, Room456 Muni¢ipalBuitding 215Church Avenue. S W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Cler~ February 7, 1990 File #323 Mr. Rodney W. McNeil President I. N. McNeil Roofing and Sheet Metal Company, Inc. P. 0. ~o~ 973 Roanoke, Virginia 24005 Dear Hr. McNeil: [ am enclosing copy of Ordinance No. 29929-2590 accepting the bid of Consolidated Industrial Roofing, Inc., in the total amount of $12,610.00, for roof replacement at the Northwest Library. Ordinance ¥o. 29929-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. On behalf of the Mayor and Members of City Council, I would like to ecpress appreciation for submitting your bid on the above- desc.ibed project. g incere ly, _~ Mary F. Parker, CMC City Clerk MFP: ra Eric. Room456 MunicipalBuilding 215Church A~enue,$ W Roanoke, Virgini~ 2~,011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 5th day of February, 1990. No. 29929-2590. VIRGINIA, AN ORDINANCE accepting the bid of Consolidated Industrial Roofing, Inc., made to the City for roof replacement at the Northwest Library; rejecting the other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Consolidated Industrial Roofing, Inc., made to the City for roof replacement at the Northwest Library, meet- ing all of the City's specifications and requirements therefor, for the total bid price of $12,610.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED, as more particularly set forth in the report to this Council dated February 5, 1990. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the afore- said work are hereby REJECTED, and the City Clerk is directed to notify clarion 4. each such bidder and to express to each the City's appre- for such bid. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk February 7, 1990 File #60-323 Mr. Joel Mo Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29928-2590 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the transfer of $14,200.00 from the General Fund Contingency Account Maintenance of Fixed Assets, to Public Works, Building Maintenance, Maintenance Third Party Contract, in connection with award of a contract to Consolidated Industrial Roofing, [nc., for roof replacement at the Northwest Library. Ordinance ~o. 29925-2590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 5, 1990. Sincerely, ,/~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Mr. Mr. Ms. Mr. Ms. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah Eo Fitton, Construction Cost Technician James D. Ritchie, Director of Human Resources Beverly Bury, City Librarian Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703) 981 254! IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of February, 1990. No. 29928-2590. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Works $ 19,015,805 Building Maintenance (1) ........................... 3,184,223 Nondepartmental 15,370,378 Contingency-General Fund (2) ....................... 362,279 1) Maintenance 3rd Party Contract 2) Maintenance of Fixed Assets Contingency (001-052-4330-3056) $ 14,200 (001-002-9410-2201) (14,200) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia February 5, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Roof Replacement Northwest (Melrose) Library 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 City Attorney Director of Finance Director of Public Works Director of Human Resources City Engineer Citizens' Request for Service Construction Cost Technician Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Roof Replacement Northwest (Melrose) Library Roanoke, Virginia Roanoke, Virginia February 5, 1990 I. Backsround: Cit~ Council, at its January 16, 1990 meeting, publicly opened and read aloud the bids received for Roof Replacement at the Northwest (Melrose) Library. Four (4) bids were received with Consolidated Industrial Roofing, Inc. submitting the low bid in the amount of $12~610.00 and 3__0 consecutive calendar days. Project consists of a new single membrane ballasted roof system with additional insulation. A new fascia and gravel stop will be installed around the roof perimeter. The pre- sent roof was installed in 1975, has since blistered and has begun to leak in several places. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. C. Fundin8 of the project. D. Time of completion. III. Alternatives are: Award a lump sum contract to Consolidated Industrial Roofing, Inc. in the amount of $12~610.00 and 3__0 consecutive calendar days for Roof Replacement at the Northwest Library in accor- dance with the Contract Documents as prepared by the City Engineer's Office. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. Page 2 Fundin~ is available in General Fund Contingency Fixed Asset Maintenance Account No. 001-002-9410-2201 to be transferred to the Building Maintenance Outside Contractor's Account No. 001-052-4330-3056. 4. Time of completion is quoted as 30 consecutive calendar days which is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if rebid at a later date. 3. Fundin~ would not be encumbered at this time. Time of completion would be extended, This roof is badly blistered and should be replaced as quickly as possible. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contract with Consolidated Industrial Roofing, Inc. for Roof Replacement at the Northwest Library in accordance with the requirements of the Contract Documents as prepared by the City Engineer's Office in the amount of $12~610.00 and 3Oconsecutive calen- dar days. Authorize the Director of Finance to transfer the following from the General Fund Contingency Fixed Asset Maintenance Account No. 001-002-9410-2201 to the Building Maintenance Outside Contractor's Account No. 001-052-4330-3056: Contract Amount Project Contingency $12,610.00 1~590.00 TOTAL $14,200.00 D. Reject the other bids received. Page 3 RAG/LBC/mm Attachment: cc: Tabulation of Bids City Manager City Attorney Director of Finance City Engineer Citizens' Request for Service Construction Cost Technician Respectfully submitted, Robert A. Garlanc[, Chairman William F. Clark Director of Public Works Jam~s~D. Rit chie Dire~or of Human Resources TABULATION OF BIDS ROOF REPLACEMENT NORTHWEST LIBRARY ROANOKE, VIRGINIA Bids opened before Roanoke City Council at its meeting on Tuesday, January 16, 1990 at 2:00 p.m. BIDDER LUMP SUM NO.DAYS* BID BOND Consolidated Roofing, Inc. $12,610.00 30 YES John T. Morgan Roofing $18,237.00 60 YES I. N. McNeil Roofing $18,637.00 90 YES AAR of North Carolina $20,500.00 30 YES * Consecutive Calendar Days Robert A. Garland, Chairman William F. Clark mes D. Ritchie Office of City Engineer Roanoke, Virginia February 5, 1990 January 18, 1990 File #323 Mr. Robert A. Garland, Chairman ) Hr. William F. Clark ) Committee Mr. James D. Ritct~ie ) Gentlemen: The following bids for roof replacement at were opened and read before the Council of a regular meetiag held on Tuesday, January the Northwest Library, the City of Roanoke at 16, 1990: BIDDER BASE BID TOTAL *Consolidated Industrial Roofing, Inc. John T. Morgan Roofing & Sheet Metal Co., Inc. I. N. McNeil Roofing & Sheet Metal Co., Inc. AAR of North Carolina, Inc. $12,610.00 18,237.00 18,637.00 20,500.00 *Deduct $1,060.00 if one-half inch wood fiber is used in lieu of one inch wood fiber. On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Nary F. Parker, CMC City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Mumclpal guHaJng 215 Church Avenue S W Roanoke Virg~ma240!! 703 98! ~4~ Office of the City Clerk February 9, 1990 File #188 Mr. W. Robert Herbert City ~4aaager 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 Monday, February 5, 1990, Council ~ember Robert A. Garland advised that it had been brought to his attention by a citizen that there are several hundred people in the E-911 service deli- very area who are hooked up to party telephone lines, and if they have occasion to use E-911, their address is not automatically flashed on a screen in the Communications Center. Further, the subscribers pay a small charge along with their monthly telephone bill for this service. On motion, duly seconded and adopted, you were requested to work in concert with Mr. Donald C. Reid, ~anager, C & P Telephone Company, to determine available alternatives for these several hundred E-911 subscribers. Sincerely, /7 Mary F. Parker, C~C City Clerk MFP:ra pc: Mr. Donald C. Reid, Manager, C & P Telephone Company, 110 Campbell Avenue, S. W., Suite 107, Roanoke, Virginia 24011 Room456 MunicipalBuildJng 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541