HomeMy WebLinkAboutCouncil Actions 04-23-90Garland
(30012)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
April 23, 1990
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Vice-Mayor Fitzpatrick was
absent.
The invocation will be delivered by The Reverend
Christopher T. Sims, Pastor, Rose Hill Baptist Church, Simeon,
Virginia
Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Vice-Mayor Beverly T. Fitzpatrick, Jr.
Recognition of Heironimus for 100 years of service to the
Roanoke Community.
BID OPENINGS
A. Bids for bituminous concrete overlays and pavement pro-
filing of various streets within the City of Roanoke,
Virginia.
Four bids were referred to a committee composed of
Messrs, Garland, Chairman, Clark and Kiser for tabula-
tion, report and recommendation to Council·
B. Bids for rehabilitation of the Franklin Road Bridge.
Three bids were referred to a committee composed of
Messrs. Garland, Chairman, Clark and Kiser for tabula-
tion, report and recommendation to Council.
CONSENT AGENDA (Approved 6-0)
ALL ~ATTERS 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.
(1)
C-1
C-2
A report of the City Manager requesting an Executive
Session to discuss other specific legal matters requiring the
provision of legal advice by counsel, being the terms and con-
ditions of a potential contract between the City of Roanoke and
Roanoke County regarding a new regional landfill, pursuant to
Section 2.1-344 (A) (7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss other specific
legal matters requiring the provision of
legal advice by counsel, being the terms
and conditions of a potential contract bet-
ween the City of Roanoke and Roanoke County
regarding a new regional landfill, pursuant
to Section 2.1-344 (A) (7), Code of
Virginia (1950), as amended.
A communication from Ms. Barbara Duerk, Chairman, Roanoke
Neighborhood Partnership, advising of the resignation of Mr.
Hillary Lantz as a member of the Steering Committee.
RECOMMENDED ACTION: Receive and file the communication and
accept the resignation with regret.
WITHDRAWN.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters:
Petitions and Communications:
a. A communication from the
mending appropriation of
Adopted Ordinance No.
Reports of Officers:
None.
Roanoke City School Board recom-
funds to certain school accounts.
30012-42390. (6-0)
City Manager:
Briefings: None.
Items Recommended
for Action:
A report requesting that a public hearing be scheduled
for Monday, May 14, 1990, at 7:30 p.m., in the Council
Chambers, with regard to the proposed 1990-1991
Community Development Block Grant Program.
Concurred in the recommendation.
10.
A report recommending continued participation with the
United States Drug Enforcement Administration and other
local governments in a Regional Drug Enforcement Task
Force.
Adopted Resolution No. 30013-42390. (6-0)
3. A report with regard to the closeout of accounts for
completed sewer projects.
Adopted Ordinance No. 30014-42390. (6-0)
Reports of Committees: None.
Unfinished Business: None.
Introduction and Consideration of Ordinances and Resolutions:
None.
9. Motions and Miscellaneous Business:
Inquiries and/or comments by the Vice-Mayor and Members of
City Council.
b. Vacancies on various authorities, boards, commissions and
committees appointed by Council.
Other Hearings of Citizens:
Certification of Executive Session. (6-0)
(3)
Office of the Mayor
CITY OF
ROANOKE
in 1890, Mr. S. It. He i ron irmi8 and Mr. L. K. Brugh
fotmded Heironimus and Brt~h in a small store building
at 206 Second Street, $. W.; and
in 1898, the firm mowd into larger quarters at the
northeast corner of C~u~bell Avenue and First Street,
$. W. In 1905, Mr. Bruoh left th~ o~aniz~tion;
~r~n, th~ ~ of th~ stor~ ~ chan~d fr~
H~ i ron i~ ~d Br~h to S. ~. H~ i ron i~ ~ny ,
Incor~rated; and
Past Presidents of the S. H. ~leironimus Co~any are Mr.
Steward tt. Fleironitnus, Mr. Robert Lee Lynn, Sr..
Robert L. Lynn, Jr., and Mr. R. Dale Caudill, and since
February, 1982, Mr. Richard M. Lynn has served as
President; and
S. H. Heironitnus Co.~pany, Incorporated, has expanded its
operation with tren~ndous increases in size and scope of
business throoiIhout the Conmonwealth of Virginia and
~orth Carolina; and
S. H. Heironimu.* Ca~oany, Incorporated, is known in
Roanoke and Southv~st Virginia as an outstanding store
which has gained the reputation for not only selling
quality n~rchandise, but for ~i~loying friendly person-
nel who offer courteous and sincere service to their
cus t otn~ r s o
THEREFURE, I, ~oel C. Taylor, Mayor of the City of Roanoke,
Virginia, do hereby proclaim 1990 as
in the City of Roanoke, and call upon more than one hun-
dred thousand citizens of Roanoke to recoonize and par-
ticipate in this special observance of one htmdred
continuous y~ars of service to the conmunity.
Given tinder our hands and the Seal of the City of
Roanoke this treaty-third day of April in the 3mar of
our Lord, nineteen htmdred and ninety.
City Clerk
Mayor
S. H. HEIRONIMUS COMPANY, INCORPORATED
WHEN THE CITY'S ECONOMIC DEVELOPMENT STAFF WORKS WITH A COMPANY
THAT IS INTERESTED IN RELOCATING TO THE ROANOKE CO~4UNITY, THE
CORPORATE CHIEF OPERATING OFFICER TELLS THEM HOW IMPRESSED THEY
ARE WITH THE COMMITMENT AND WORK ETHIC OF THE WORK FORCE FOUND IN
ROANOKE.
OBVIOUSLY, WHEN A COMPANY SUCH AS HEIRONIMUS REMAINS AND PROSPERS
IN THE BUSINESS COMMUNITY FOR 100 YEARS, ONE CAN SPECULATE ABOUT
A NUMBER OF REASONS WHY THEY HAVE SUCCEEDED WHEN OTHERS HAVE
FAILED. YOU MIGHT SAY, IT HAS BEEN LUCK, G(X)D MANAGEMENT, OR A
HOST OF OTHER REASONS.
BUT, IN THE CASE OF HEIRONIMUS, I KNOW THAT GOOD MANAGEMENT,
COUPLED WITH A WORK FORCE THAT DEMONSTRATED A REAL COMMITMENT AND
A STRONG WORK ETHIC, WERE THE PRIMARY REASONS.
TWO EXCELLENT EXAMPLES OF THIS COMMITMENT AND WORK ETHIC CAN BE
FOUND IN MR. BILL SINK WHO HAS 44 YEARS OF SERVICE AND MS.
VIRGINIA WALDRON' WHO HAS 45 YEARS OF SERVICE WITH THE S. H.
HEIRONIMUS COMPANY.
IN HONOR OF THE 100TH ANNIVERSARY OF THE S. H. HEIRONIMUS
COMPANY, I HAVE TAKEN THE LIBERTY OF DECLARING 1990 AS S.
HEIRONIMUS COMPANY YEAR IN THE CITY OF ROANOKE. AT THIS TIME,
WILL ASK OUR CITY CLERK TO READ THE PROCLAMATION IN ITS ENTIRETY.
(Following the reading of the proclamation.)
IT IS MY PLEASURE TO PRESENT THIS PROCLAMATION TO MR. RICHARD
LYNN WHO HAS BEEN CHAIRMAN AND PRESIDENT OF THE COMPANY SINCE
1978. MR. LYNN ALSO SERVES AS CHAIRMAN OF THE ROANOKE REGIONAL
CHAMBER OF COMAIERCE HAVING BEEN AN ACTIVE MEMBER OF THE
ORGANIZATION FOR THE PAST TEN YEARS. HE ALSO CHAIRED THE 100TH
ANNIVERSARY COMMITTEE FOR THE CHAMBER. HE SERVES AS PRESIDENT OF
THE ROANOKE VALLEY DEVELOPMENT CORPORATION AND IS A MEMBER OF THE
BOARD OF DIRECTORS OF DOWNTOWN ROANOKE, INC., THE ACHIEVEMENT
CENTER, AND DOMINION BANK.
ON BEHALF OF THE MEMBERS OF COUNCIL AND OUR ADMINISTRATIVE
OFFICIALS, IT IS ALSO MY PLEASURE TO PRESENT MR. LYNN WITH THIS
"KEY TO THE CITY OF ROANOKE" WHICH REPRESENTS THE HIGHEST HONOR
OUR CITY HAS TO BESTOW.
I WOULD LIKE TO ASK MS. WALDRON AND MR. SINK TO COME FORWARD IN
ORDER THAT I MAY PRESENT TO EACH OF THEM THIS CRYSTAL STAR WHICH
IS SYMBOLIC OF OUR STAR ON MILL MOUNTAIN. THiS SMALL TOKEN
REPRESENTS OUR WAY OF SAYING THANK YOU FOR YOUR COMMITMENT TO NOT
ONLY HEIRONIMUS, BUT TO THE ROANOKE COMMUNITY AS WELL.
AND FINALLY, I WOULD LIKE TO ASK MS. ONA EARLY, WHO HAS 26 YEARS
OF SERVICE, TO COME FORTH SO THAT I MAY PRESENT HER WITH THIS
CITY OF ROANOKE "EXECUTIVE GLASS." I WOULD LIKE TO THANK MS.
EARLY FOR MAKING US AWARE OF THIS 100TH ANNIVERSARY YEAR AND TO
THANK HER FOR HER COMMITMENT TO HEIRONIMUS, TO HER FELLOW
EMPLOYEES, AND TO HER COMMUNITY.
Roanoke, Virginia
April 23, 1990
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space on Council's agenda for an Executive Session
to discuss other specific legal matters requiring the provision of
legal advice by counsel, being the terms and conditions of a potential
contract between the City of Roanoke and Roanoke County regarding a new
regional landfill, in accordance with Section 2.1-344(a)(7) of the Code
of Virginia (1950) as amended.
WRH:KBK:afm
cc: City Attorney
Director of Finance
Respectfully submitted,
W. Robert Herbert
City Manager
Room 355, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(703) 345-8250
April 18, 1990
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
Subject:
Steering Committee resignation of Mr.
Hillary Lantz - Roanoke Neighborhood
Partnership
I would like to inform you of correspondence which
Ms. Fowler, Partnership Coordinator received from Mr.
Hillary Lantz concerning his position on the
Neighborhood Partnership Steering Committee. Effective
March 22, 1990, Mr. Lantz has resigned as Southeast's
representative to the Partnership Steering Committee.
With great regret, we accept Mr. Lantz' resignation.
If you have any questions, please feel free to contact
Ms. Fowler or me. We look forward to assisting Council
whenever called upon. Thank you for your support.
Sincerely,
Barbara Duerk,
Chairman
CC:
W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
Stephanie A. Fowler, Partnership Coordinator
Office of the City Clerk
April 25, 1990
File #60-467
~r. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr,~ Schlanger:
I am attaching copy of Ordinance No. 30012-42390 amending and
reordaining certain sections of the 1989-90 Capital Projects and
Grant Funds Appropriations, providing for the appropriation of
funds to certain school accounts in connection with asbestos aba-
tement? repairs to the William Fleming High School Field House
and equipment replacement, Preschool Incentive Program, 1989-90
Apprenticeship Program, and the Governor's Sixth Grade Computer
Initiative. Ordinance No. 30012-42390 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday April
23, 1990. '
Sincerely, /'~,
Mary F. Parker, C~C/AAE
City Clerk
MFP:ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, P. O. Box 1689, Salem, Virginia 24153
Dr. Frank P. Tota, Superintendent of Schools, P. O. 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
Ms. Arcelia B. Haston, Junior Accountant, Office of
Management and Budget
Room 456 Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011 (703) 981-2541
April 23, 1990
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request for the Appropriation of Grant and
Capital Funds
I have reviewed the attached request to appropriate Grant
and Capital funds for the School Board. Funding of $63,200,
representing the proceeds of a class action suit against asbestos
manufacturers, will be appropriated in the Capital Projects fund
for asbestos abatement.
amount of $312,700 will also
Projects fund to repair damage
Field House.
Funding for three grants
Grant fund. The Preschool Incentive
Funding from insurance proceeds in the
be appropriated in the Capital
at the William Fleming High School
will be appropriated in the
Program and Governor's Sixth
Grade Computer Initiative Program are funded with 100% federal and
state revenue. The Apprenticeship Program is funded with 100%
state revenue and fees. No local match is required.
I recommend that you concur with this request of the
School Board.
JMS/kp
Attachment
rector~ of Fi~e
James M. Turner Jr., (ha rman
Sallye T. Co eman, Vice Chairman
Guy UJ. Byrd. Jr,
Roanoke
City School Board
Marllyn C Curl:is
Thomas L Orr
Velma B. Seif
P.O 8ox 13105, Roanoke, Virginia ~4031 · 703-981-2381
LUIIliam White, S~.
Ftan~ P. Tota, Superintendent
Richard L Kelley. Clerk of the 8oard
April 11, 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 April 10, 1990, the
School Board respectfully requests City Council to appropriate funds to the
following school accounts:
Grant No. 6069-
Grant No. 6071-
Grant No. 6581-
Grant No. 6738-
Grant No. 6960-
$63,200.00 for asbestos abatement. This appropriation
request represents funds to be paid to the Roanoke
City School Board as the result of a class management
action suit filed against manufacturers of materials
containing asbestos.
$312,700.00 for repairs to the William Fleming High
School Fiel~l House and equipment replacement required
due to losses which resulted from fire damage. Total
repairs and equipment replacement will be reimbursed
by proceeds from insurance.
$38,316.00 for the Preschool Incentive Program to
provide orientation and evaluation for handicapped
students who will be entering the public school system
for the first time during the fall. The program will be
reimbursed one hundred percent by federal funds.
$11,883.00 for the 1989-90 Apprenticeship Program to
provide on-the-job and classroom vocational
instructional for students in the apprenticeship
program. The program will be reimbursed one
hundred percent by state funds.
$1,734.00 for the Governor,s Sixth Grade Computer
initiative to provide flow-through funds for the
purchase of microcomputer software which will be used
in conjunction with lesson plan guides provided by the
state to improve sixth grade learning objectives. The
state revenue has been received.
Excellence in Education
Members of Council
Page 2
April 11, 1990
rg
CC:
The approval of these requests will be appreciated.
Sincerely,
Richard L. Kelley
Clerk of the Board and
Executive for Business Affairs
Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, Jr.
Mr. W. Robert Herbert
x~r. Wilburn C. Dibling
r. Joel M. Schlanger (with accounting details)
ROM~OKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REI~-EST
Asbestos Abatement
6069
008-060-6069-6896-0851
Appropriation Unit ASB
Repairs to School
$ 63f200.00
The above appropriation request represents funds to be paid to the Roanoke
City School Board as the result of a class management action suit filed
against manufacturers of materials containing asbestos.
April 10, 1990
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION ~T
William Fleming High School Field House Repairs
6071
008-060-6071-6896-0851
008-060-6071-6896-0801
Appropriation Unit ZMO
Repairs to School
Replacement of Equipment
$ 132,700.00
180,000.00
$ 312~700.00
The above appropriation request represents the amount of repairs to the
William Fleming High School Field House and equipment replacement required due
to losses which resulted from fire damage. Total repairs and equipment
replacement viii be reimbursed by proceeds from insurance.
April 10, 1990
RO~NOK~ CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION RE.ST
Preschool Incentive Pro, ram 1990
6581
035-060-6581-6553-0311
035-060-6581-6553-0201
035-060-6581-6553-0614
035-060-6581-6553-0821
Appropriation Unit Z3F
Diagnostic Services
Social Security
Instructional Supplies
Instructional Equipment
7,562.00
580.00
10,000.00
20r174.00
$ 38~316.00
035-060-6581-1102
Federal Grant Receipts
$ 38r316.00
The Preschool Incentive Program will provide orientation and evaluation for
handicapped students who will be entering the public school system for the
first time during the fall. Instructional equipment purchases will include
classroom equipment and outdoor play structures. The program will be
reimbursed one hundred percent by federal funds and will end September 30,
1990.
April 10, 1990
ROANOKE CITY -qCHOOL BOARD
Roanoke, Virginia
APPROPRXATION RE,JEST
Apprenticeship 89-90
6738
035-060-6738-6138-0201
035-060-6738-6138-0313
Appropriation ZTV
Social Security
Part Time Instructors
$ 909.00
10,974.00
S 11~883.00
035-060-6738-1100
035-060-6738-1103
State Grant Receipts $ 3,250.00
Fees 8f633.00
The 1989-90 Apprenticeship program will provide on-the-job and classroom
vocational instruction for students in the apprenticeship program. One
hundred percent of expenditures will be reimbursed by state funds. The above
appropriation request represents additional state funds aade available for the
current year and the inclusion of fees assessed to adult participants. The
program viii end June 30, 1990.
April 10, 1990
ROANOKE CITY SCHOOl, BOARD
Roanoke, Virginia
APPROPRIATION RI~ST
Governor's Sixth Grade Computer Initiative
6960
035-060-6960-6202-0614
Appropriation Unit Z3E
Computer Software
$ lf734.00
035-060-6960-1100
State Grant Funds
$ lr734.00
The Governor's Sixth Grade Computer Initiative will provide flow through funds
for the purchase of microcomputer software which will be used in conjunction
with lesson plan guides provided by the state to improve sixth grade learning
objectives. The state revenue has been received. The program will end June
30, 1990.
April 10, 1990
April 25, 1990
File #60-236-200
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending that Council schedule a public hearing
on the proposed 1990-1991 Community Development Block Grant
Program. was before the Council of the City of Roanoke at a regu-
lar meeting held on Monday, April 23, 1990.
On motion, duly seconded and adopted, Council concurred in the
recommendation and scheduled a public hearing for ~onday, ~ay 14,
1990, at 7:30 p.m., or as soon thereafter as the matter ,7~y be
heard.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc: Mr.
Mr.
Wilburn C. Oibling, Jr., City Attorney
Joel M. Schlanger, Director of Finance
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Chief of Conwunity Planning
Mr. Brian J. Wishneff, Chief of Economic Development
Mr. James D. Ritchie, Director of Human Resources
Ms. Marie T. Pontius, Grants ~onitoring Administrator
Roanoke, Virginia
April 23, 1990
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject: Request for Public Hearing On Proposed 1990-1991
Community Development Block Grant Program
I. Back~round:
City of Roanoke receives an annual entitlement from the
U.S. Department of Housing and Urban Development (HUD)
in the form of a Community Development Block Grant
(CDBG).
HUD representatives informed City staff that Roanoke's
CDBG allocation will be $1,563,000 for the City's fiscal
year 1990-1991.
Budget also includes $520,788 estimated program
income generated from prior CDBG programs, and
Funds totallinq $254,448 transferred from prior
grant entitlement years,
Ce
Two public meetings have been held to hear citizens'
recommendations, on January 16, 1990 and April 17, 1990.
II. Current Situation:
Council will be briefed by City Manager on May 7, 1990
at regularly scheduled City Council meet~-~g, on
recommended activities for the FY 1990-1991 CDBG
program.
Be
Citizen participation requirements call for an evenin~
public hearin~ by City Council prior to submission of
CDBG Statement of Objectives (application) to HUD.
Ce
City is required by HUD to publish Draft Statement of
Objectives in newspaper. A summary version will
appear in the Neighbors section of The Roanoke Times and
World News on Thursday May 3, 1990.
III. Recommendation:
Recommend City Council schedule Community Development Block
Grant public hearing on May 14, 1990, at 7:30 p.m. in Council
Chambers.
WRH:mtp
cc.
Respectfully submitted,
W. Robert Herbert
City Manager
Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Resources
Chief of Economic Development
Chief of Community Planning
City Engineer
Building Commissioner
Grants Monitoring Administrator
Office of the City Clerk
April 25, 1990
File #?6
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Hr. Herbert:
I am attaching copy of Resolution
agreement betweea the City and the
Administration to provide for the
in a Regional ~rug Enforcement Task
30013-42390 was adopted by the Council
a regular meeting held on ~onday, April
No. 30013-42390 authorizing an
United States Drug Enforcement
City's continued participation
Force. Resolution No.
of the City of Roanoke at
23, 1990.
Sincerely, ~/~
~lary F. Parker,
City Clerk
CMC/AAE
MFP:ra
Enc o
pc:
The Honorable Donald S. Caldwell, Commonwealth's Attorney
Mr. George C. Snead, Jr., Director of Admiaistration
Public Safety
Mr. M. David Hooper, Chief of Police
and
RoomaS6 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Vkginia 24011 (703)~81-2S41
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 23rd day of ^prJ], 1990,
No. 30013-42390.
A RESOLUTION authorizing an agreement between the City and
the United States Drug Enforcement Administration to provide for
the City's continued participation in a Regional Drug Enforcement
Task Force.
WHEREAS, §15.1-131, et seq. of the Code of Virginia (1950),
as amended, authorizes the governing bodies of political sub-
divisions of the Commonwealth to enter into reciprocal agreements
with agencies of the federal government exercising police powers
for cooperation in the furnishing of police services; and
WHEREAS, trafficking in narcotics and dangerous drugs exists
in the Commonwealth of Virginia and specifically in the metropo-
litan Roanoke area; and
WHEREAS, such illegal activity has a substantial detrimental
effect on the health and general welfare of the people of the
area; and
WHEREAS, cooperation among law enforcement agencies is an
effective and efficient means of combating narcotics and
dangerous drug trafficking.
NOW THEREFORE BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The City Manager or his designee is authorized to enter
into an agreement with the United States Drug Enforcement
Administration to provide for the City's support of the
Interagency Drug Enforcement Task Force.
2. Such agreement shall be substantially as set forth in
the attachment of the City Manager's report of April 23, 1990,
and the form thereof shall be approved by the City Attorney.
ATTEST:
City Clerk.
Roanoke, Virginia
April 23, 1990
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Authorization for Continued Participation with the
United States Drug Enforcement Administration and
Other Local Governments in a Regional Drug
Enforcement Task Force
I. Back, round
Anti-Dru~ Abuse Act of 1986, Public Law 99-571,
authorized the Attorney General of the United States to
deputize state and local police officers specifically for
the purpose of participation in Regional Organized Crime
Drug Enforcement Task Forces (OCDETF).
The United States Department of Justice through the
United States Attorney for Western Virginia proposed
participation in the Mid-Atlantic Regional Task Force by
federal, state and local governments. That participation
included a member from the Roanoke City Police Department
using one of two methods of authority to deputize local
officers. The United States Attorney elected to deputize
state and local officers as U.S. Marshals. This method
required no authorization from the local governing body
for our officers to participate in the task force.
Deputization of City officers under OCDETF ranged from 90
days to one year and on a case specific basis. The Drug
Enforcement Administration is now reorganizing the task
force as a permanent state and local task force (SLTF)
deputizing all local officers currently deputized under
OCDETF as Special Agents of the D.E.A. and operating
under mutual aid agreements authorized by Section
15.1-131.3, Code of Virginia.
Deputizations are not usually exclusive, therefore,
current officers deputized under OCDETF will also be
covered under SLTF.
II. Current Situation
Roanoke has participated in the Regional Task Force since
its inception with City officers acting as Deputy U. S.
Marshalls, and the City has shared in assets and
forfeitures on specific case participation under OCDETF.
Subject:
Mayor and Members o£ Council
Regional Drug Enforcement Task Force
Page 2
III.
IV.
Continued participation in the Regional Task Force with
deputization as Special D.E.A. Agents necessitates
agreement under Section 15.1-131.3, Code of Virginia,
which requires a mutual aid agreement be authorized by
the governing body of the jurisdiction. With Roanoke
officers participating as Special D.E.A. Agents, the City
would share in assets seized in cases in addition to
those specifically authorized by OCDETF.
Ce
OCDETF and SLTF have separate program funding through
the federal budget system.
Issues
A. Enforcement effectiveness
B. Legal
C. Financial
Alternatives
Authorize the City Manager to sign the attached agreement
and its addendum permitting participation by Roanoke City
Police Officers in the SLTF Deputization Program and
thereby increase liability coverage for individual city
officers participating in the program and assets from a
broader range of cases than now available to the City
under OCDETF.
Enforcement of illegal drug activities in the City
and the Western District of Virginia will be
enhanced.
Participation is legal with proper authorization
under applicable federal and state statutes.
Funding base for asset sharing will be broadened
enabling the City to share in asset seizure and
forfeiture through all activities of the task force.
Do not permit the City Manager to sign the attached
agreement participating in the SLTF deputizing City
Police Officers as Special D.E.A. Agents and thereby
continue to share in the OCDETF program thus limiting
liability coverage for individual participating officers
and limiting asset and forfeiture sharing to OCDETF
specifically authorized cases.
Subject:
Mayor and Members of Council
Regional Drug Enforcement Task Force
Page 3
Enforcement activity involving Roanoke officers'
participation will not be increased and will remain
limited to OCDETF authorized cases.
Participation is legal under federal and state
provisions.
Funds will not be increased through asset sharing in
cases not specifically authorized by OCDETF.
V. Recommendation
City Council authorize Alternative A enabling participation
by Roanoke City Police Officers to the fullest extent of the
Drug Enforcement Task Force capabilities.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:MDH:mr
attachment
AGREEMENT
THIS AGREEMENT is made between the City of Roanoke, Virginia, a
political subdivision of the Commonwealth of Virginia ("City")
and the United 3ta. tes Drug Enforcement Administration ("DEA").
WHEREAS, there is evidence that trafficking in narcotics and
dangerous drugs exists in the Commonwealth of Virginia
(specificaiiy in the metropolitan Roanoke area) and that such
illegal activity has a substantiai detrimental effect on the
health and general welfare of the people of that area;
WHEREAS, cooperation among law enforcement agencies has been
proven to be effective and efficient in combatting narcotics and
dangerous drug trafficking;
WHEREAS, ~ 15.1-131 et. seq. of the Code of Virginia, as amended
authorizes the governing bodies of political subdivisions to
enter into Police Mutual Aid Agreements with other entities,
including the Federal Government, for cooperation in the
furnishing of police services.
NOW, THEREFORE, the parties hereto agree as follows:
The DEA and the City, in conjunction with other law
enforcement agencies in Virginia, will establish and
support an Interagency Drug Enforcement Task Force
(Task Force), which will perform the activities and
duties described below:
a. Disrupt the illicit drug trafficking in the
metropolitan Roanoke areas of Virginia by immobilizing
targeted violators and trafficking organizations.
b. Gather and report inteiligence data reiating to
the trafficking in narcotics and dangerous drugs;
c. Conduct undercover operations where appropriate
and engage in such other traditionai methods of
investigation in order that their activities result in
effective prosecution before the courts of the
Commonwealth of Virginia and of the United States; and,
d. Enhance lnteragency drug iaw enforcement cooperation
and coordination by actively sharing drug related
intelligence and investigative leads with drug
enforcement eiements of area enforcement agencies,
both participating and non-participating in the Task
Force.
-2-
The Task Force will be established and conducted under
the auspices of the DEA which will execute agreements
with participating agencies and local governments. DEA
will provide funds and equipment to support the
activities of the Task Force. This sup~ort includes
office supplies, travel funds, funds for the purchase of
evidence and information, investigative equipment,
clerical support, training, (specifically including
training on all DEA policies and procedures), and other
support items·
The City agrees to detail one ~1) experienced police
officer to the Task Force for a period of not less
than one year. The City shall furnish the officer's
personal law enforcement equipment, salary and
overtime pay as authorized by the City.
Investigations reiated to the Task Force shall be
limited to narcotics and dangerous drugs trafficking in
the metropolitan Roanoke area unless otherwise required
to investigate matters associated with metropolitan
Roanoke area. Any travel outside of the metropoiitan
Roanoke area by City police officers for reasons
other than those stated above shall require prior
authorization of the officers' respective parent agency.
Personnel assigned by the City to the Task Force wili
be under the supervision of DEA supervisory personnel.
Assigned personnel will adhere to all DEA policies and
procedures not in conflict with City poiicies and
procedures· Failure to adhere shall be grounds for
termination of assignment to the Task Force. Inter-
agency coordination relating to the Task Force will
be accomplished by regular meetings of a Task Force
Advisory Board composed of the DEA Supervisor and
appropriate drug enforcement supervisors of the
participating agencies.
The officer of Roanoke City Police Department
assigned to the Task Force shall be deputized as a
Special Agent of the Drug Enforcement Administration and
will have the authority and protection of the position
when performing official approved duties. The DEA shall
insure that the officer receives ali necessary training
and familiarization in DEA procedure and policies.
-3-
Pursuant to 5 U.S.C. ~ 3374 (c)(2), officers and
personnel detailed to the DEA pursuant to this
Agreement shall be deemed to be employe~es of the DEA
for the purposes of the Federal Tort Claims Act
(28 U.$.C. ~ 1346 (b), 2671 et seq.) and any other
Federal Tort liability statute.
With regard to this Agreement, the DEA and the City
will comply with Title VI of the Civil Rights Act of
196~ and all requirements imposed by or pursuant to
the regulations of the Department of Justice (28 C.F.R.
Part ~2, Subparts C and D) issued pursuant to Title VI
relating to discrimination, of color, creed, sex, age
or national origin and equal employment opportunities.
The term of this Agreement shall be from
l-i-90 to l-l-gl
This Agreement may be terminated at any time by either
party by written notice given to the undersigned other
party or his successor thirty (30) days prior to the
effective date of the termination.
IN WITNESS WHEREOF, duiy authorized employees of the
and the DEA have executed this Agreement pursuant to
authority vested in them on this day of
,1990.
City
Approved as to form: CITY OF ROANOKE, VIRGINIA
City Attorney
Roanoke Police Department
DRUG ENFORCEMENT ADMINISTRATION
By:
Ronald J. Caffrey
Special Agent in Charge
Washington Field Division
ADDENDUM TO AGREEMENT
between City of Roanoke and United States Drug Enforcement
Administration (Agreement) _
Nothing in this Agreement shall be deemed or construed to
impair, diminish or otherwise affect any immunities that may
otherwise be applicable to claims against the parties or any of
their officers, agents, or employees.
City of Roanoke, Virginia
Date: by
Its
Drug Enforcement Administration
Date:
by
Ronald J. Caffrey
Special Agent in Charge
Washington Field Division
Office of the City Clerk
April 25, 1990
File #60-27
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30014-42390 amending and
reordaining certain sections of the 1989-90 Sewage Fund
Appropriations, providing for the closeout of completed sewer
projects and the deappropriation of certain funds. Ordinance No.
30014-42390 ~;as adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 23, 1990.
Sincerely, ~~
~dary F. Parker,
City Clerk
CMC/AAE
MFP:ra
En¢.
pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 241011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKe, VIRGINIA
the 1989-90 Sewage
emergency.
WHEREAS, for
Goverrument of the
exist.
The 23rd day of April, 1~90,
No. 30014-42390.
AN ORDINANCE to amend and reordain certain sections of
Fund Appropriations, and providing for an
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
Roanoke that certain sections of the 1989-90 Sewage Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Sewage from Capital Outlay $ 3,938,116
STP Land Acquisition (1) ........................... 28,000
Fine Mesh Screens (2) .............................. 66,282
Williamson Road - Phase 2/IIB (3) .................. 373,360
Mud Lick Sanitary Sewer (4) ........................ 482,816
Williamson Road - Phase 2/IIC (5) .................. 543,585
Coyner Springs Sewer (6) ........................... 416,288
Williamson Road - Phase 2/IIE (7) .................. 178,608
Retained Earnings
Retained Earnings - Unrestricted (8) ...............
1) Appr. from
General Revenue
2) Appr. from
General Revenue
3) Appr. from
General Revenue
4) Appr. from
General Revenue
5) Appr. from
General Revenue
(003-056-8420-9003) $( 14,000)
(003-056-8427-9003) (363,718)
(003-056-8431-9003) ( 50,647)
(003-056-8442-9003) ( 40,984)
(003-056-8443-9003) (64,359)
$14,253,533
6) Appr. from
General Revenue
7) Appr. from
General Revenue
8) Retained Earnings
- Unrestricted
(003-056-8444-9003) $( 16,855)
(003-056-8445-9003) ( 12,000)
(003-3336) 562,563
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
April 23, 1990
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: Closeout of Accounts for Sewer Projects
I. Back~round on this issue includes:
Several sewer projects have been approved by Council for
construction in recent years. These projects have included
construction of sanitary sewers, improvements at the Sewage
Treatment Plant, and at Coyner Springs.
Fundin8 is established for each project when Council approves
the construction based on bid amounts, as well as extra
funding for possible contingencies.
Completed pro~ects often have contingency funds remaining
after final bills are paid because most projects are
completed within the established budgets.
II, Current situation:
Closeout of projects and deappropriation of funds authorized
by Council is needed in order to make those funds available
for other needs, subject to approval by City Council.
Reduction of encumbrances for projects which are nearing
completion would also allow excess contingency funds to be
made available for other needs, subject to approval by City
Council.
III.
Issues:
Ao Availability of funds for other needs
B. Timin~
IV. Alternatives:
Council deappropriate funds from completed and nearly
complete sewer projects.
Funds would be made available for other needs, allowing
completed projects to be closed out and taken off the
accounting system.
2. Expeditious deappropriation of these funds would provide
funding to meet other needs.
B. Council not deappropriate funds from completed and nearly
complete sewer projects.
1. Funds would not be made available for other needs, and
alternative funding sources would have to be identified.
2. Fundin~ of other needs would not be met expeditiously.
V. Recommendations are that City Council:
A. Authorize the closeout of completed sewer projects and
deappropriate funds as shown on the attachment.
WRH/SEF/mm
Bo
Authorize the reduction of encumbrances for projects nearing
completion as shown on the attachment.
Respectfully submitted,
W. Robert Herbert
City Manager
Attachment: Spreadsheet
cc:
City Attorney
Director of Finance
Director of Public Works
City Engineer
Construction Cost Technician
DE-APPROPRIATE
Account No.
005-05&-8420-~003
005-056-8427-9003
005-056-8431-~005
005-056-8442-9003
003-056-8443-9005
003-056-8444-9003
005-056-8445-9005
Description
STP Land Acquisition
Fine Mesh Screens
Wmson Road-Ph 2/IIB
Mud Lick Sanit. Sew.
Wmson Road-Ph 2/IIC
Coyner Springs Sew.
Wmson Road-Ph 2/IIE
Status
In Progress
Completed
Completed
Completed
Completed
Completed
82% Complete
Funds Available
16,278.64
565,718.75
50,647.45
40,984.45
64,359.50
16,855.20
17,519.00
De-appropriate
14,000.00
563,718.75
50,647.45
40,984.45
64,359.50
16,855.20
12,000.00
562,565. 15