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HomeMy WebLinkAboutCouncil Actions 05-29-90REGULAR Fitzpatrick (30059) WEEKLY SESSION ...... ROANOKE CITY COUNCIL May 29, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mrs. Bowles was absent. The invocation will be delivered by The Reverend Williams, Pastor, Pure Gospel Church of God and Christ. Present. The Pledge of Allegiance to the Flag of the United of America will be led by Mayor Noel C. Taylor. States C-1 C-2 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. A corr~nunication from Mrs. Sallye T. Coleman tendering her resignation as a Trustee of the Roanoke City School Board, effective immediately. RECOMMENDED ACTION: Accept the resignation with regret and receive and file the communication. Qualification of Mrs. Sallye T. Coleman to fill the unex- pired term of Mr. Guy W. Byrd, Jr., resigned, ending June 30, 1992, and Mr. Finn D. Pincus to fill the unexpired term of Mrs. Sallye T. Coleman, resigned, ending June 30, 1990, as Trustees of the Roanoke City School Board. RECOMMENDED ACTION: Receive and file. Request of the City Manager for an Executive Session to discuss acquisition of an interest in real property, specifi- cially possible acquisition of an interest in certain real pro- perty for construction of a public facility, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950), as amended; concurred in the request. (1) REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A petition from Showtimers of Roanoke Valley, Inc., requesting support for exemption from real estate taxation of certain property located at 1431 McVitty Road, S. W., pursuant to Article X, Section 6 (a) (6), of the Constitution of Virginia. Referred to the City Manager and City Attorney for study, report and recommendation to Council. Reports of Officers: a. City Manager: Briefings: A two-part briefing report with regard to presentations on the effort needed to provide public utilities to one family for a day, and on typical problems occurring with the sewer line system and their consequences. No action. Items Recommended for Action: A report recommending approval of the request of Virginia Amateur Sports, Incorporated, to display flags on street lighting poles in the Central Business District of the City during the period of July 5 8, 1990, to promote the CorEast Virginia State Games Festival. Adopted Ordinance No. 30059 on first reading. (6-0) A report recommending that the appropriate City offi- cials be authorized to execute a quitclaim deed, sub- ject to approval by the City Attorney, for an old roadway south of Colonial Avenue, S. W., previously known as Poor House Road and Bent Mountain Road. Adopted Ordinance No. 30060 on first reading· (6-0) A report recommending appropriation of funds received from the United States Department of Agriculture to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home, for enhancement of the food service program. Adopted Ordinance No. 30061-52990. (6-0) (2) A report recommending award of a contract to Dewberry and Davis, Architects, Engineers, Planners, Surveyors, for professional services in connection with asbestos abatement in the Civic Center Auditorium area occupied by the public, for a fee not to exceed $76,600.00, and appropriation of funds therefor. Adopted Ordinance No. 30062-52990 and Resolution No. 30063-52990. (6-0) A report with regard to appropriation of funds for the purchase of professional assistance in connection with the Conference Center Project. Adopted Ordinance No. 30064-52990. (6-0) b. Director of Finance: A report recommending certain between several departments to for internal services for the year· appropriation transfers provide sufficient funds remainder of the fiscal Adopted Ordinance No. 30065-$2990. (6-0) 2. A financial report of the City of Roanoke for the month of April, 1990. Received and filed. 6. Reports of Committees: Minutes of a meeting of the Audit Committee held on Monday, May 21, 1990. Mr. David A. Bowers, Chairman. Received and filed the minutes of the Audit Committee. Council was advised of the retirement of Mr. William L. Brogan, Municipal Auditor, effective September 30, 1990. The matter of filling the vacancy was referred to Council's Personnel Committee for appropriate action. Adopted Ordinance No. 30066-52990, as amended, by deleting Section 21-72 for a period of one week. Section 21-72, Audit of reports; fee, was referred to the City Attorney, the Commonwealth Attorney and the Director of Finance for study, report and recommendation to Council at the next regular meeting to be held on Monday, June 4, 1990. bo A report of the City of Roanoke Transportation Safety Commission in connection with the 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 (3) Virginia's highest highway compliance rate for buckling up. Hr. Robert K. Bengtson, P.E., Chairman. 10. Concurred in the recommendation. Unfinished Business: None. Introduction and Consideration of Ordinances None. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor Council. The City Attorney was requested to measure expressing Council's sympathy the late Percy T. Keeling, Sr. b. Vacancies on various authorities, boards, committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (6-0) and Resolutions: and Members of City prepare the proper upon the passing of commissions and (4) James M. Turner, Jr., Chairman Sallye T. Coleman, Vice Chairman Guy W. Byrd, Jr. Roanoke City School Board P.O Box 1310c,, Roanoke, Virginia ~74031 · Marilyn C. Curtis Thomas L, Orr Velma William White, Sr, I:rank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board 703-981-2 ~'8'1 - May 23, 1990 Mrs. Mary F. Parker City Clerk 456 Municipal Building Roanoke, VA 24011 Dear Mrs. Parker: At the May 14, 1990 meeting of City Council, I was ap- pointed to fill the unexpired term of Guy W. Byrd, Jr. which expires on June 30, 1992. For this reason, I am submitting my resignation from my current term of office which expires June 30, 1990 in order to assume my new term of office. Sincerely, Sallye T. Coleman jn Mr. James M. Turner, Jr. Mr. Richard L. Kelley Excellence in Education -/ May 31, 1990 File #15-467 Mr. James M. Turner, Jr., Chairman Roanoke City School Board P. O. Box 1689 Salem, Virginia 24153 Dear Mr. Turner: This is to advise you that Mrs. Sallye T. Coleman has as a Trustee of the Roanoke City School Board, to fill pired term of Mr. Guy W. Byrd, Jr., resigned, ending 1992; and Mr. Finn D. Pincus has qualified to fill the term of Mrs. Sallye T. Coleman, resigned, ending June 30, Sincerely, ~f~ Mary F. Parker, CMC/AAE City Clerk qualified the unex- June unexpired 1990. MFP : r a pc: 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. 8ox 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmafl6n Of Office Stat~ ot Virginia, City o] Roanoke, to .wit: , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me a,s according to the best of my ability. So help me God. Subscribed and sworn to before me, this Office of the City Clerk May 15, 1990 Mrs. Sallye T. Coleman 4700 Grandin Road, S. W. Roanoke, Virginia 24018 Dear Mrs. Coleman: At the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, you were elected to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending June 30, 1992, as a member of the Roanoke City School Board. Enclosed you will find a Certificate of your election and an Oath or Affirmation 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, So Wo Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were elected. 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, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Eno o pc: ~r. 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 Rooma56 MunicipalSuilding 215Church Avenue,$.W. Roanoke, Virginia 21,011 (703)981-25J, 1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary 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 14th day of May, 1990, SALLYE T. COLEMAN was elected to fill the unexpired term of Mr. Guy W. Byrd, Jr., resigned, ending member of the Roanoke City School Board. my hand and the Seal of the City of Roanoke 1990. June 30, 1992, as a Given under lSth day of May, this City Clerk 0-2 Oath or Affirmation of Office ~tatz oS Virginia, Ci~l oS Roanoke, to .wit: "~ I, , do solemnly swear (or affirm) that will support the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impartially discharge and perform all the duties incumbent upon me ss according to the best of my ability. So help me God. Subscribed and sworn to before me, this , Deputy Clerk Office of the City Clerk May 15, 1990 Mr. Finn D. Pincus 1116 Winchester Avenue, S. Roanoke, Virginia 24015 Dear Mr. Pincus: At the regular meeting of the Council of the City of Roanoke held on Monday, May 14, 1990, you were elected to fill the unexpired term of Mrs. Sallye T. Coleman, resigned, ending June 30, 1990, as a member of the Roanoke City School Board. Enclosed you will find a Certificate of your election and an Oath or Affirmation 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 in the Municipal Building prior to serving in the capacity to which you were elected. 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, Mary F. Parker, CMC/AAE City Clerk MFP:ra ~,n¢ o pc: Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia 24153 Or. 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 Room456 Municipalauilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary 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 14th day of May, 1990, FINN D. PINCUS was elected to fill the unexpired term of Mrs. Sallye T. Coleman, resigned, ending June 30, 1990, as a member of the Roanoke City School Board. Given under my hand and the Seal of the City of Roanoke this 15th day of May, 1990. City Clerk May 29, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: SUBJECT: Request for Executive Session This is to request that City Council convene in Executive Session to discuss acquisition of an interest in real property, specifically possible acquisition of an interest in certain real property for construction of a public facility, pursuant to Section 2.1-344 (A) (3), Code of Virginia (1950). Respectfully submitted, W. Robert Heroer City Manager WRH:sw May 31, 1990 File #79-169 Mr. W. Robert Herbert Mr. Wilburn C. Dibling, City Manager City Attorney Roanoke, Virginia Roanoke, Virginia Jr. Gentlemen: I am attaching copy of a petition from Showtimers of Roanoke Valley, Inc., requesting support for exemption from real estate taxation of certain property located at 1431McVitty Road, S. W., pursuant to Article X, Section 6 (a) (6), of the Constitution of Virginia, which petition was before the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. On motion, duly seconded and adopted, the petition was referred to you for study, report and recommendation to Council. Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc, pc: Mr. David D. Beidler, Treasurer, Showtimers of Roanoke Valley, Inc., 929 Mountain View Terrace, S. W., Roanoke, Virginia 24015 Room 456 Municil~al Building 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-254t VIRGINIA: IN THE COUNCIL OF THE CIT.~O~ R~)~NOKE .~ RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM REAL ESTATE TAXATION OF THE PROPERTY OF SHOWTIMERS OF ROANOKE YALLEY, INC., PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF ¥IRGINIA. TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Showtimers of Roanoke Valley, Inc., a Virginia, non-stock, not-for-profit corporation, is the owner of certain ~al property located at 1431 McVitty Road S.W. in the City of Roanoke and more particularly described in that certain deed (attached) recorded of the Circuit Court for page 266. among the deedbooks of the Clerk's Office the City of Roanoke, at deed book 1606, 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 e__t seq. of the Code of Virginia property and used cultural of 1950, as amended, in order that the aforesaid real and any personal property belonging to said corporation, exclusively for charitable purposes in responding to the needs of the citizens of the Roanoke Valley, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia, so long as your Petitioner is operated not-for-profit in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respecfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04(B) of the Code of Virginia of 1950, as amended, after holding a public hearing with respect thereto, where citizens shall have an oportunity to be heard in order that the legislation involving the designation of such property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. Pursuant to Section 30-19.04(B) of the Code of Virginia, the following questions are submitted for your consideration: 1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 19547 (A). Your Petitioner is exempt from taxation pursuant to (c)(3) of the Internal Revenue Code, as a charitable See attached letter from the Internal Revenue Section 501 institution. Service. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property? (A). No alcoholic beverage license has been requested or issued for use on the referenced property. 3. Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually renders? (A). No officers or directors of your Petitioner are paid compensation in excess of reasonable allowances for salaries or other compensation for personal services actually rendered. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in kind or other material services. (A). No part of the net earnings of your Petitioner inures to the benefit of any individual. A significant portion of the services provided by your Petitioner is generated by funds received from dontations and contributions. of the services provided is generated by Virginia Commission for the Arts. Your A significant portion state grants from the Petitioner receives no local or federal grants at this time. Your Petitioner hopes to receive a significant portion of its funding for the services provided by it from other government grants in the future. 5. Whether the organization provides services for the common good of the public? (A). Your Petitioner provides and will provide services for the common good of the public in a number of respects. Your Petitioner and its predecessor organization, The Showtimers, Inc., have been providing the Roanoke Valley with community theatre and education for nearly 40 years, making your Petitioner one of the oldest active community theatres in the Commonwealth. 6. Whether a substantial part of the activities of the organization involves carrying on propaganda,, or otherwise attempting to participates influence legislation and whether the in, or intervenes in, any political behalf of any candidate for public office? organization campaign on 3 (A). Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. 7. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A). Your Petitioner avers that no rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. 8. Any other criteria, facts, and circumstances which the governing body deems pertinent to the adoption of such resolution. (A). The real estate for which your Petitioner seeks exemption from taxes has been the studio site for community theatre rehersal and performances for nearly 30 years. It has been the training ground for many actors, directors, and theatrical technicians in the Roanoke Valley. The studio is regularly used for educational, "hands-on" experience in the performing arts at no cost to its participants. WHEREFORE, your Petitioner, Showtimers of Roanoke Valley, Inc., respectfully requests to the Council of the City of Roanoke: (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating that the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard; and (2) that a recommendation be made to the General Assembly of Virginia that the real property 4 of your Petitioner be designated by a Section within Article IV, Section 58.1-3650 et seq. of the Code of Virginia exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not-for-profit and the prooperty so exempt is used for the particular purposes of providing community theatre and education in the performing arts for the benefit of the citizens of the Roanoke Valley. Respectfully submitted, SHOWTIMERS OF ROANOKE VALLEY, INC. David D. Beidler, Its Treasurer David D. Beidler 929 Mountain View Terr. S.W. Roanoke, Virginia 24015 (703) 344-2088 5 LAW OFFICES WILLIS, DAMICO & APGAR ROANOKE, VA BK1606P6 00266 THIS DEED, between GINGER BROWN, BETTY GARRETSON, SAM GOOD, JEFF HAWLEY, TOM HONER, MARTY KREIG, RUTH ROSS, Former Directors and Trustees in Dissolution of INCORPOP3.TED, parties ROANOKE VALLEY, INC., the second part; 526 made this 14th dey of March, 1989, by and BETTY HARDEN, and RON SMITH, THE SHOWTIMERS, of the first part, and SHOWTIMERS OF a Virginia Domestic Corporation, party of W I T N E S S E T H: THAT FOR A..,D I~ CONSIDERATION of the sum of TEN ($!0.00) DOLLARS, cash in hand paid, and other good and valuta]~= ccnsideratior: paid by the party of e~= second unto the parties of the first part, the receipt of which is hereby expressly ec:~nowledged, the parties of the first part dc. W....R~..I. _ hereby BARGAIN: SELL.. ,3R.~.:,h and C~NVEv_ ., w~h__ SPECIAL ,~m -:.my and MODERN ENGLISH COVENANTS OF TITLE, unto the party of the second part, SHOWTIMERS OF ROANOKE VALLEY, INC., Dcmestic ~'~.?=.~,~*=~,-.~~_~~ ...... n, ~mm~" those ce~=~.'-~-~'~ parcels a Virginia ©r tracts of land lying and being in the City of Roanoke, Virginia, more described es follows, BEGINNING at a point in the center of Virginia R.?.~te No. 119 at the northeast corner of the .__.~oo=:-t~.___y owned by the Trustees of Oak G~-ove~ Chnrch B ....... n and being also corner to h.W. Long of the property; thence with the center of ~l=.~l.~la Route t.,~ ....... W. 169.4 feet to = point; .~ 119. ~ ?! ~'~g 50' thence with ~..e line of Otis H ....... M~m,-i~e property __ . ce..~er ~. _ p~_.va~_ road leading to ~]ong the Lc, ng's property :[. 82 deg. 40' W. passing an iron ATTACHMENT 1 WILLIS, DAMICO & APGAR BK1606PG 00267 ............ = In all 252.! feet to a point; thence with the line of the . _ m.op~__y. N. 5 deg. 43 E. passing an iron on side of road at 9.1 feet. in all 156.7 feet tc an iroi~: thence with another !!ne of Long property S. 84 deg. 05' E. passing a marked 24" chestnnt oak at 8 feet~ al! iron at 254.6 feet, in all 299.0 feet to the place of BEGINNING. and ~.c.,~'~=._l]~ ~ ...... %n =c~-es ~ore or less and being more particularly shown on plat made by T.P. Parker, S ....... ~ E , ~=t=,~_ March ._~ ,. 1961, and z ...... d with that certain Deed dated April 7, 1961; and BEING the same property conveyed unto The Showtimers, Incorporated, by Deed dated April 7, 1961: from the Trustees of Oak Grove Church of the Brethren (formerly the German Baptist Brethren Chnrch), and recorded in the Office of the Clerk of the m~ ~ ~_r___t Court for the County of Roanoke~ Virginia~ in Deed Book 662, page 133; the said ~orpor. .... ~ "T'~ Showtimers, Incorporated" being dissolved by the Virginia State Corporation ~ ~m_~l~i.~=='~ i~ June ........ 1982, an~ the Grantors h=r~in being =h_ remaii~ing former directors theraof~ serving as Trustees i11 Dissolutic.!l~ pursuant to Virgiiiia law. NOTE: This c©ilveyailce ~-r. ..... tile i!aw ,~r~-*--,-~=~_a__o.=e~. ,: from e~:~ directors ,z~ ~-- ...... ~= predecessor corporation is ~v=mpt ..... from re~o~ng_ ..... taxes, pt%rsuant to ~=_g4}ni= ..... o.1 1-81! 8} This Deed is made subject to all those certain .~n,~.~l~ ...... ~,~= ~ ....... ~==,'~tl_..s'~, restrictions . and easements of recorfi affect/ng the subject property WETNESS tile following signatt:res and seals: SEAL SEAL ) SEAL) ( SEAL LAW OFFICES WILLIS, DAMICO & APGAR ROANOKE, VA STATE BK1606P6 00268 Ruth ROSS ~~~ (SEAL R~ Sm!th OF VIRGINIA CITY/COUNTY OF / ([(4 %;~ 2('{.. TO-WIT: mi~ ~-~C~,~c ~cernm~nt was acknowledged before me ,~r~ zn my ~ur±sdlctio!-: .aforesaid thls /, ) day of March. ~ ~ by GINGER Former Director a!!d Truszee in Dissolution of THE SHOWT!MERS. WILLIS, DAMICO & APGAR B~1606P~ 00269 VIRGINIA CITY/COUNTY OF dO e/~-- TO-WIT in mv ~urisdict!on aforesaid this O'~day offs, 1989, by BETTY ,=.~.R..mTS,_,N. Former Director a:2d Trustee in Dzsso!ution of THE SHOWTIMERS, INCORPORATED. My commission expires: ~ ~ 7/ /~ ~ y Put.! ~c STATE OF VIRGINIA CiTY,'COUNT¥ OF . TO-WiT: in my ]urisdiction aforesaid this ~day ,~ ~:,, ....... ~ E ............ of THE comml===o., explres: ~7/,. /gg~ - / Pub!lc STATE 9F ViRGiNIA mm_Wrm. ~-~T: ~ HAF_DEN: B'KldOdP6 00270 ~= .... o. T ...... in Disso!uticn of THE WILLIS, DAMICO' & APGAR ~ S ,.~.rhWm T ~ .~ p; T~,]'~-nm ~p ~_mE~ My commission expires: September30,1991 Notary Public STATE OF VIRGINIA CITY/COUNTY OF [~/~ . , TO-WIT: The f~regoing instrument was acknowledged before me .... .............. U-ss__utm... THE ~y Commi~ion ~pi~es Januag Notary :::~- =~.~-g..'t:.,~ ~:~=e~um=~e Was acknowledged before me ~n my j-~,~d~t~n ~f_._ ...... this /~? day ~.= Mar~i989, SHOWTIMERS , INCORPORATED. My ,~~,.~m~ ........... -~=~ ~,-n expires: B 606P 0027 STATE OF VIRGINIA TO-WiT: WILLIS, DAMICO & APGAR The foregoing instrument was acknowledged before me : .zn my jurisdict!on af.zresaid this ~ day of 19hq, by MARTY KREIG, Former Director and Trustee in Dissolution of THE /.SHOWTIMERS, INCORPORATED. My commission expires: ~X / Nop~ry Public STATE OF VIRGINIA -- ~, ,~ ~ . . TO-WIT: in my jurisdiction aforesaid this ,a~ day of ~ 1989, by RUTH ROSS, Former Director and Trustee i:% Disso!utio~n of THE TO-WIT: The foregoing instrument wss ack~lowledged before me ~==-~=,~,~t,,-.,~ af:resaid this ~ ,i~v 0f~_989 by WILLIS, DAMICO & APGAR RON SMITH~ SHOWTIMERS, 039 5. TAX 038 $. ADD. TAX $ 214 C. TAX 220 C. ADD. TAX S 301 FEE $"~,~ 212 TRANSFER 8 CO.ADD. TAX $ TOTAL B'K1606P6 00272 Former Director and Trustee in Dissolution of THE INCORPORATED. My commission expires: ~eptem~r30,1991 Notary Public In the Clerk's Office of the Circuit Court for the City o'"oa,oke. Va..on &C¢ 1, this instrument was pr es~3Yed, with the Certificate of acknowledgment thereto annexed and admitted tO record at '~.~.-.-.-.-.-.-.-~ clock ~[~1. I hereby certify that the tax imposed under flee. 58,1-801 and Sec. 58.1-802 have been paid to this office. Teste~/ . , Pat~y/~terma~ , Clerk By ~ ~_~.~/~:~ ~eputyClerk internal Revenue Service District Director 31 HOPKINS PLAZA BALTIMORE, ND 21201 FEB 0 i 19Q0 Date~ SHOWTINERS OF ROANOKE VALLEY INC P 0 BOX 13614 ROANOKE, UA 24035 Department of the Treasury Employer Identification Number~ 54-14BBB84 Contact Person; MRS. M, TAYLOR Contact Telephone Number~ (301) 962-9431 Accounting Period Ending| December 31 Foundation Status Classification: 509(a)(2) Advance Ruling Period Begins[ February 10, I?B9 Advance Ruling Period Ends: Becember 31, 1993 Addendum AppliesJ Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption~ we have determined you are exempt from Federal income tax under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3), Because you are a newly created organization, we are not now making final determination of your foundation status under section 509(a) of the Code, However, we have determined that you can reasonably be expected to be publicly supported organization described in section Accordingly, you will be treated as a publicly supported organization, and not as a private foundation, during an advance ruling period, This advance ruling period begins and ends on the dates shown above. Within ?0 days after the end of your advance rutin8 period~ you must submit to us information needed to determine whether you have met the require- ments of the applicable support test dulring the advance ruling period. If you establish that you have been a publicly supported organization, you will be classified as a section 509(a)(1) or 507(a)(2) organization as long as you con- tinue to meet the requirements of the applicable support test, If you do not meet the public support requirements during the advance ~vlin9 period, you will be classified as a private foundation for future periods, Also, if you are classified as a private foundation, you will be treated as a private foundation from the date of your inception for purposes of sections 507(d) and Grantors and contributors may rely on the determination that you are not a private foundation until 90 days after the end of your advance ruling period, If you submit the reguired information within the ?0 days, 8rantors and contri- butors may continue to rely on the advance determination until the Bervice makes a final determination of your foundation status. Letter IO~5(DO/CG) SHO~TINERB OF ROANOKE VALLEY INC -2- If notice that you will no longer be tremted as a publicly supported or- ganization is published in the In~ernal Revenue Bulletin, grantors ~nd con- tributors may not rely on this determination after the date of such publica- tion, In addition, if you lose your status as ~ publicly supported organiza- tion and a grantor or contributor was responsible for, or was aware of, the act or failure to act, that resulted in your los~ of such status, that person may not rely on this determination from the date of the act or failure to act. Also, if a grantor or contributor learned that the Service had given notice that you would be removed from classification as a publicly supported organiza- tion, then that person may not rely on this determination as of the date such knowledge was acquired. If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. In the case of an amend- ment to your organizational document or bylaws, please send us a copy of the amended document or bylaws, Also, you should inform us of all changes in your name or address~ As of January 1, 19B4, you are liable for taxes under the Federal Insur- ance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUI'A), Organizations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes, If you have any questions about excise, employment, or other Federal taxes, please let us know, Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they. meet the appli- cable provisions of sections 2055, 2106, and 252Z of the Code. .~ Contribution deductions are allowable to donors only to the extent that their contributions are gifts, with no consideration received, Ticket pur- chases and similar payments in conjunction with fundraising events may not necessarily qualify as deductible contributions, depending on the circum- stances, See Revenue Ruling 67-246, published in Cumulative Bulletin 1767-2, on page 106, which sets forth guidelines regarding the deductibility, as chari- table contributions, of payments made by taxpayers for admission to ur other participation in fundraising activities for charity, You are regvired to file Form 990, Return of Organization Exempt From Income Tax, only if your gross receipts each year are normally more than $25,000. However, if you receive a Form 990 package in the mail, please file the return even if you do not exceed the gross receipts test. I? you are not required to file, simply attach the label provided, check the box in the head- Letter i04§(DO/CG) SHO~TINER$ OF ROANOKE VALLEY INC ing to indicate that your annual gross receipts are normally $25,000 or less, and si~n the return. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accountin~ period, A penalty of $10 a day is charged when a return is filed late, unless there is reasonable ~euse for the delayo However, the maximum penalty charged cannot exceed $5,000 or 5 per- cent of your ~ross receipts for the year, whichever is less, This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file You ~re not required to file Federal income tax returns unless you ere subject to the tax on unrelated business income under section §ll of the Code, If you are subject to this tax, you must file en income tax return on Form ?90-T, Exempt Organization Business Income Tax Return. In this letter we are not determinin~ whether any o? your preeent or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees, If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it, Please use that number on all returns you file and in all correspondence with the Internal Revenue Service, If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter, Because this letter could help resolve any questions about your exempt status end foundation etatus, you should keep it in your permanent records, If you have any questions, please contact the person whose name and telephone number ere shown in the heading of this letter. Sincerely yours, District Director Enclosure(s); Form 872-C Letter 1045(DO/CG) Roanoke, Virginia May 29, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Briefing - Public Utilities This is to request Council to reserve time on City Council's agenda for a two-part briefing as follows: Part 1 - 15-minute presentation by Kit Kiser, Utilities Director, regarding the effort needed to provide public utilities to one family for a day. Part 2 - 12 - 15 minute video and explanation by Jesse Perdue, Utility Line Services Manager, of typical problems occurring with our sewer line system and their consequences. I think you will find this briefing informative. Respectfully submitted, City Manager WRH:afm cc: City Attorney Director of Finance Manager, Utility Line Services M~Y 29, 1990 SEWER VIDEO BRIEFING by JESSE H. PI~,DUE, JR. MANAGER UTILITY LIIx~ SERVICES On a typical day, dirty movies. No, using a specially you will find a Utility Line crew watching not the X-rated kind. These are films made designed camera that spots potential and existing sewer problems. That means repairs can be made before backups, cave-ins or overflows occur, saving taxpapers money. The 18-inch long device which looks like a telescope on skids is dragged by a winch system through sewer pipes to look for cracks, holes, root intrusions, grease, infiltration/inflow and sags that prevent the sewer from operating as it was intended. The T.V. system runs our preventative maintenance program and has paid for itself many times over· I have put together, from our files, a video to illustrate the type of problems that exist in sewer systems. Infiltration/Inflow: There are many sewer systems in the U.S. today with serious infiltration/inflow problems. In the past, overflows to creeks and rivers were acceptable. They are not acceptable today, as regulatory agencies and the public are less tol- erant of raw sewage discharges and are more conscious of health hazards. Few sewer renovation programs have been successful. In fact, some system flows increase after reha- bilitation. This is due to the concept of "hydraulic trans- fer" the ability of water in the sewer trenches to run along the outside of sewer pipes and sources of I/I from private property including service lateral piping (see attached sketch). It is not necessary to completely eliminate [/I, but it must be controlled enough to keep the sewer facilities working. If I/[ is not controlled, the following problems may occur: 1. High operating costs 2. Overflows and bypasses 3. Flooded basements 4. Inability to serve new industry 5. Large construction costs for plant facilities 6. Building moratoriums 7. Citizen complaints/lawsuits 8. Political difficulties or new residential areas expanded sewers or treatment A successful I/I control program will only keep the amounts of I/I within the systems capacity. Combined with a preven- tative maintenance program, a replacement program funded from system revenues must be ongoing. The City of Roanoke, through the support of our City Council, has progressed in this direction. The Mud Lick Trunk line replacement and Williamson Road sewer replacement in conjunction with storm drainage construction are recent examples of the City's efforts to control I/I. Cracked/Broken Pipe: The cause of and backfill struction of this condition is typically poor construction procedures. Pipe is also damaged during con- other utilities over the years. Terra Cotta pipe is very weak pipe and when subjected to heavy traffic loads without sufficient cover will crack. Cracked pipe results in cave-ins, extensive I/I problems and prevents in most cases line cleaning efforts. Root Intrusion: Root growth in sewer maintenance problems. damage and blockages. ature, moisture and nutrient lines creates the most severe of all Roots can and do cause structural A sewer line provides ideal temper- conditions for root growth. Sags: Sags in lines are caused by inadequate bedding and/or leaking undermining the foundation of the pipe. Sags restrict flow. joints Protruding Laterals: Protruding laterals methods in the past. the main line using this prevent efforts to cable maintenance. are a result of poor construction Laterals today are not connected to procedure. Protruding laterals and flush lines for preventative Grease: Grease is deposited in lines mainly from restaurants and buildings with garbage disposals. Grease eventually hardens like concrete and blocks flow in lines. Rats: Rats have made their homes in sewers since the beginning. Sewers provide shelter and food for rats. Rat populations multiply rapidly if they are not controlled and obviously create serious problems to both the City and the public. WA't'r~. & S~VEII UTILITY PR~r~TION QUANTITIES FOR TYPICAL RESIDIRr[IAL USgR May 29, 1990 Volunteers as Typical User A. Mr. Fitzpatrick - Higher than Average User B. Mr. Musser - Average User Cu. Ft. 30.O0/qtr. 20.O0/qtr. Why Sm Families Use More than Others A. Number of occupants B. Age of occupants (teen age daughters) C. Irrigation, Lawn, Flowers, Shrubbery or Vegetable Garden D. Economic Situation - Appliances, e.g. Clothes Washers, Number of Bathrooms - Amount and Style of Entertaining 3. Higher than Average User - 250 gallons - 1 Ton/Day Raw Water Collection & Storage - 2¢ & 1¢ 2 Tunnels, 3 Dams, 2 Filter Plants, a large spring & a couple of wells 5. Finish Water Alum Lime Fluoride Chlorine 153.5 tons/year 179.8 tons/year 31.9 tons/year 58.2 tons/year 6. Tr---port Finish Water - Pipe Types - 5¢ & 7. Haul Sewage - Pipe Types 8. Treat Sewage - 17¢ & 13¢ Pickle Liquor Chlorine Alum 703.3 tons/year 131.5 tons/year 221.5 tons/year Page 2 10. l~st of th~ Sto~y A. Non-Billed Water B. Average I/I - 40% C. Wet Month I/I - 70% D. Peak I/I - 250% Total Amount Paid 11. Compare to Mountain I~w (65¢) 12. Jesse Perdun - I/I & Sewer Pipe Video aigh Typical 4O¢ Coffee Avg. 31¢ May 31, 1990 File #60-72-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30061-52990 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $10,036.00 to the Crisis Intervention Center, Juvenile Probation House, and the Juvenile Detention Home, to be used in connection with enhan- cement of the food service program. Ordinance No. 30061-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP:ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager James D. Ritchie, Director of Human Resources Mr. Jack Trent, Manager, Juvenile Probation House Ms. Annie Krochalis, Manager, Crisis Intervention Center Mr. Mark C. Johnson. Superintendent, Juvenile Detention Home Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipa~ Building 215 Church Avenue S W Roanoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 29th day of May, 1990. No. 30061-52990. 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: A_Rp~_qpriations Public Safety Crisis Intervention (1) ........................... Juvenile Probation House (2) ...................... Juvenile Detention Home (3) ....................... Revenue $25,733,328 381,205 313,277 608,223 Grants-in-Aid Commonwealth Other categorical Aid '1) USDA - Expenditures 2) USDA - Expenditures 3) USDA - Expenditures 4) USDA - Crisis Intervention 5) USDA - Youth Haven 6) USDA - Juv. (4-6) ....................... (001-054-3360-3000) $2,556 (001-054-3350-3000) 1,028 (001-054-3320-3000) 6,452 (001-020-1234-0661) 2,556 (001-020-1234-0662) 1,028 Detention (001-020-1234-0660) 6,452 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. $52,184,273 13,177,632 this ATTEST: City Clerk. The Honorable Mayor and City Council Roanoke, Virginia SUBJECT: FUNDS FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE May 29, 1990 Roanoke, Virginia I. BACKGROUND II. City of Roanoke receives funds from the United States Department ol Agriculture (USDA), through the Virginia Department of Corrections to enhance the food service program of the Crisis Intervention Center (Sanctuary), Juvenile Probation House (Youth Haven) and Juvenile Detention Home. ' CURRENT SITUATION USDA funds for the Second Qu____arter of Fiscal 1990 and the Third 2uarter of Fiscal 1990 have been received by the Cit_~ of Roanoke for the facilities, as follows: 1. Crisis Intervention $ 2,556.14 2. Juvenile Probation House 1,027.70 3. Juvenile Detention Home 6,451.73 4. Total $10,035.57 USDA funds usage regulations require the funds to be used for: 1. Equipment and repairs; 2. Food costs; 3. Labor costs of food service workers. USDA Requirements for record keeping are: 1. Funds are to be accounted for in separate expenditure and cannot be combined with State and Local funds; account Detailed records are to be kept for all expenditures made against the funds; Each facility is to maintain inventory list:~ of equipment purchases and file annual reports to the Department of Corrections. The Honorable Mayor and City Council Funds from the United States Department of Agriculture Page 2 III. ISSUES Budget Needs of Food Service Program Time IV. ALTERNATIVES Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, and the Juvenile Detention Hom~.. Budget - Ail funds have been received by the City. funds are required. No local Needs of Food Service Program - The facility may use the funds to improve their respective food services programs and equipment and to offset local cost of food service personnel. Time - Funds will be spent in the current fiscal year. B. Do not appropriate the USDA funds to the Crisi:~ Intervention Center, Juvenile Probation House, an~l Juvenile Detention Home. Budget - Funds already received will have to be returned to USDA. Needs of Food Service Program - Facilities could not upgrade their food service program and equipment. Emergency needs of the facilities would have to come from local funds or existing budgets. 3. Time - Time would no longer be a consideration since funds would ~e returned. The Honorable Mayor and City Council Funds from the United States Department of Agriculture Page 3 RECOMMENDATION A. Appropriate the USDA funds to the Crisis Intervention Center, Juvenile Probation House, and Juvenile Detention Home and increas,. corresponding revenue estimates as follows (Alternative A): Crisis Intervention Center - Revenue 001-020-1234-0661 - USDA - Crisis Intervention $2,556.14 to account No. 001-054-3360-3000 Juvenile Probation Hous~ - Revenue 001-020-1234-0662 - USDA - Youth Haven $1,027.70 to Account NO. 001-054-3350-3000 Juvenile Detention Hom~ - Revenue 001-020-1234-0660 - USDA - Juvenile Detention $6,451.73 to Account NO. 001-054-3320-3000 Total Revenue and Appropriations $10,035.57 Respectfully submitted, W. Robert Herbert City Manager WRH:JDR:MCJ:w cc: Wilburn Dibling, Jr., City Attorney Joel Schlanger, Director of Finance J. D. Ritchie, Director of Human Resources Jack Trent, Youth Haven Manager Annie Krochalis, Crisis Intervention Manager Mark C. Johnson, Superintendent of Detention May 31, 1990 File #192-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30063-52990 authorizing execution of a contract with Dewberry & Davis, to provide certain professional services in connection with asbestos abatement in the Roanoke Civic Center Auditorium in the area of public occu- pancy surrounding the auditorium, in an amount not to exceed $76,600.00 without further authorization by Council. Resolution No. 30063-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. Jeffrey T. Cochran, P.E., Dewberry & Davis, 5238 leypointe Parkway, Suite lB, Roanoke, Virginia 24019 Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Ms. Arcelia B. Haston, Junior Accountant, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue S.W Roanoke, Virginia 24011 (703) 981-254~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 29th day of May, 1990. No. 30063-52990. A RESOLUTION authorizing the execution of a contract with Dewberry & Davis, to provide certain professional services in connection with asbestos abatement in the Roanoke Civic Center Auditorium in the area of public occupancy surrounding the auditorium; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Dewberry & Davis, for the provision by such firm of professional services in connection with asbestos abatement in the Roanoke Civic Center Auditorium in the area of public occupancy surrounding auditor- ium, as more particularly set forth in the May 29, 1990, report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall not exceed $76,600.00 without further Council authorization. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. May 31, 1990 File #60-192 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30062-52990 amending and reordaining certain sections of the 1989-90 Civic Center Fund Appropriations, providing for the transfer of $76,600.00 from Retained Earnings Unrestricted, to Capital Outlay from Revenue, Asbestos Abatement for Civic Center Auditorium, to provide funds in connection with award of a contract to Dewberry & Davis for professional services for asbestos abatement in the Civic Center Auditorium area. Ordinance No. 30062-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Ms. Arcelia B. Haston, Junior Accountant, Office Management and Budget and of Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 IN '£~ COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 29th day of May, 1990. No. 30062-52990. AN ORDINANCE to amend and reordain certain sections of the 1989-90 Civic Center 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. Roanoke Appropriations, THEREFORE, BE IT ORDAINED by the Council of the City of that cer%ain sections of the 1989-90 Civic Center Fund be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outiay from Revenue $ 327,121 Asbestos Abatement for Civic Center Auditorium (1).. 76,600 Retained Earnings Retained Earnings - Unrestricted (2) ................ 1) Appr. from General Revenue 2) Retained Earnings Unrestricted .(005-050-8628-9003) (005-3336) $ 76,600 (76,600) $1,610,806 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the Cily Manager May 24, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Members of Council: Subject: Asbestos Assessment/Abatement Plan - Civic Center Auditorium As a part of our maintenance programming for the Civic Center complex, renovation plans for the auditorium have been developed which include remodeling and updating the lobby area on the first floor and the mezzanine. This will entail the replacement of the ceiling and lights, recarpeting, painting of walls/doors and drapery replacement. Recent changes in the law now require that we must have an asbestos assessment/abatement plan before we can obtain a building permit for work of this nature. Thus, the report on your agenda today entitled "Professional Services Contract for Asbestos Abatement for Civic Center Auditorium" recommends the hiring of a consultant for this purpose. I felt this correspondence need for consultant services as facility. might be helpful to you in understanding our we proceed with the actual remodeling of the If you should have any questions regarding this matter, please do not hesi- tate to contact me. W. Robert Herbert City Manager WRH/ga CC: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Director of Administration and Public Safety ~,~ Mary Parker, City Clerk Room 364 Municipal Building 2 t5 Church Avenue, S.W. Roanoke, Virginia 240t t (703)981-2333 Roanoke, Virginia May 29, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Professional Services Contract Asbestos Abatement for Civic Center Auditorium Roanoke, Virginia I. Background: Advertisement was placed in the local paper on April 1, 1990, soliciting professional services proposals from qualified architectural/engineering firms to prepare the necessary contract documents for removal of asbestos containing materials in the Civic Center Auditorium in the areas of public occupancy around the Auditorium that the Civic Center Management hopes to remodel. The services would also include full time supervision of the project during the removal of the asbestos containing materials. Present regulations require a facility to be surveyed for asbestos containing materials and an abatement plan be imple- mented before a building permit can be issued for any work within the facility. Co Five (5) firms responded to the advertisement, submitted their firm's qualifications and were deemed to be qualified and licensed to prepare the required documents and to super- vise the work covered by the contract documents. Individual discussions with all offerors deemed qualified and suitable were held. The firm of Dewberry & Davis was chosen to be the most qualified for this project and a satisfactory contract was negotiated. II. Current situation: Contract negotiations with Dewberry & Davis resulted in the following scope of work and fees for services: Project initiation, samples, and testing of all materials believed to contain asbestos, including laboratory fees, for analysis of samples. $ 9,500.00 2o Review of laboratory analysis of samples and development of extent of abatement required. 3,600.00 Page 2 3. Preparation of contract documents for bid purposes. 12,000.00 Advertisement of project, conducting pre-bid review of project, and award of contract after approval by City Council. 3,000.00 Contract administration to include full time supervision (approximately 60 days) analysis and report on daily air and material sampling (there will be over 200 individual laboratory analyses to be conducted and the reports and logs on each sample. FEE NOT TO EXCEED 48~500.00 TOTAL FEE NOT TO EXCEED $76,600.00 The total for item five shall be based upon actual hours spent and the number of samples taken along with the labora- tory analysis fees. III. Issues: A. Qualification of firm B. Timin~ of award C. Fee for project D. Fundin~ of project IV. Alternatives are: Award a contract for professional services in connection with asbestos abatement in the Civic Center Auditorium area occupied by the public to Dewberry & Davis, Architects, Engineers, Planners, Surveyors, Roanoke, Virginia for a fee not to exceed $76,600.00 and within the time constraints applicable to this contract. 1. Qualification of firm was verified at time of interviews by the selection committee. Timing of award is very critical. This project must be started by July 17, 1990 and completed by September 15, 1990. The auditorium has not been scheduled for use during this period of time. Reasonableness of fee has been established on fees for similar projects within the City at this time and by the negotiation of the selection committee with Dewberry & Davis. Page 3 WRH/LBC/mm cc: Vo 4. Funding of project is available in the Civic Center retained earnings account. B. Do not award an architectural/engineerin~ contract at this time. 1. Qualification of firm would still have to be established prior to the award of any design contract. Timing of award would be delayed. The project would not be able to be accomplished within the time the Civic Center Auditorium has been reserved for this work. 3. Fee for project would have to be established with any other firm selected. 4. Fundin~ of project would remain unobligated at this time. Recommendation is that City Council concur with the implementation of Alternative "A". Authorize the City Manager to execute a contact in form approved by City Attorney with Dewberry & Davis for contract documents for Asbestos Abatement and supervision of the contract at the Civic Center Auditorium within the required time restraints for a professional services fee not to exceed $76,600.00. Bo Appropriate $76,600.00 from the Civic Center Retained Earnings Account to a capital account entitled "Asbestos Abatement for Civic Center Auditorium" to be established for this project. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Manager, Civic Center City Engineer Construction Cost Technician INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: May 21, 1990 William F. Clark, Director of Public Works L. Bane Coburn, Engineer~-~ Asbestos Abatement Civic Center Auditorium We have started a City Manager report to Council through the review process with the hope it will make Council's agenda on Tuesday, May 29, 1990. It is very important for this report to meet that deadline so the abatement (removal) of the asbestos containing materials can be removed between July 17 and September 15, which is the time Bob Chapman has blocked out for this work - no events are scheduled for the Auditorium during this time period. There are several items relating to this job that are of concern to me that may not have been discussed thoroughly by those that will be affected by this pro- ject. When Chapman started taIking about remodeling and up-dating the lobby area on the first floor and mezzanine, he employed Hayes, Seay, Mattern & Mattern to provide him with the selection of new carpets, drapery material and paint selection for the areas. HSMM estimated the removal of the asbestos con- taining materials (ACM) at $221,000.00, the replacement of the ceiling and lights at $80,000.00, and the carpet and drapery replacement, paint for walls, doors, etc. at $170,000.00 for a total of $471,000.00. This estimate was in February 1990. Chapman said at that time he had a total of about $450,000.00 in his retained earnings account. Since that time the School Board has let several contracts that cost $8.00 per square foot to remove plaster ceilings and $4.50 per square foot to remove asbestos containing tile and mastic. Since there is approximately 25,500 square feet on the two levels, it is estimated that the ACM alone will be $318,750.00. This plus A/E fee of $76,600.00 equals $395,350.00. This would remove the ACM but would leave a gutted facility with no carpet, drapes, or lights around the auditorium. To replace these items would be a minimum of $170,000.00 which appears to be the money needed to finish the project with no source of funding. The law was changed this year and now states that you cannot procure a building permit without first having an asbestos assessment and an abatement plan. Page 2 There are several areas in the lobbies and vestibules that the ACM should be removed now. I would be glad to discuss these areas with you if you so desire. LBC/mm cc: Charles M. Huffine, P.E., City Engineer May 31, 1900 File #60-247 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30064-52990 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $30,000.00 from Reserved Fund Balance - Unappropriated, to General Government, Conference Center, in connection with the purchase of pro- fessional assistance in order to address detailed space programming plans for the proposed Conference Center as well as conceptual operational questions. Ordinance No. 30064-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark. Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, .Manager, Office of Management and Budget Ms. Arcelia B. Hasten, Junior Accountant, Office Management and Budget of Room 456 Municipal Building 2~ § Church Avenue S W Roanoke, Virginia 24011 (703) 98%2541 AN ORDINANCE the 1989-90 Capital emergency. WHEREAS, for Government of the exist. IN THE COUNCIL OF '£~ CITY OF ROANOKE, VIRGINIA The 29th day of May, 1990. No. 30064-52990. 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 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDropriations General Government Conference Center (1) .............................. $5,802,472 30,000 Fund Balance Reserved Fund Balance - Unappropriated (2) ......... $ 1) Appr. from General Revenue '2) Reserved Fund Balance - Unappropriated (008-002-9653-9003) (008-3325) $ 30,000 (30,000) -0- BE IT FURTHER ORDAINED that, an emergency existing, this A~r~ST: Ordinance shall be in effect from its passage. City Clerk. May 29, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Council Members: SUBJECT: Request to appropriate funds to purchase professional assistance: Conference Center Project I. BACKGROUND A. Laventhal and Horwath report done for the City of Roanoke in 1986-87 recommended that a new Trade and Convention Center be constructed. B. Both the study and the City Manager appointed Trade Center Task Force recommended that the project be built near the Hotel Roanoke. C. Virginia Tech has been proceeding with its plans on the rehabilitation of the Hotel Roanoke and development of a management training and education conference center facility. II. CURRENT SITUATION A. As Virginia Tech and a ~rospective hotel developer proceed with planning, the City of Roanoke will need to start on its own planning to allow for the potential for these three distinct projects to work together. B. A more detailed space program, outlining sizes of rooms, number of rooms and kinds of rooms, recommendations on operations and operations of the City facility in conjunction with the other two projects is needed. III. ISSUES A. Timing. B. Economic Development. C. Funding. Council Members May 29, 1990 Page 2 IV. ALTERNATIVES ao Recommend that City Council appropriate $30,000 to be used to purchase professional assistance to help the City in develop more detailed space programming plans for the proposed conference center as well as assist with conceptual operational questions. 1. Timing of convention center construction, Virginia Tech's Conference Center construction and rehabilitation of Hotel Roanoke will be properly coordinated. 2o Economic Development in Downtown North area will be enhanced. 3o Funding is available from undesignated Capital funds in the Capital Projects Fund. Do not recommend that City Council appropriate the requested funds. 1. Timing of these three projects would be hampered. Economic Development in Downtown North area will take longer to happen. 3. Funding will remain available. V. RECOMMENDATION: It is reco~ended that City Council approve Alternate "A" which will authorize the appropriation of $30,000 in undesignated Capital funds to an account established in the Capital Projects Fund by the Director of Finance. These funds will be needed to purchase the professional assistance required for this project. Respectfully sabmitt~d, W. Robert Herbert City Manager WRH/BJW:kds cc: Assistant City Manager Director of Public works Director of Utilities and Operations City Attorney Director of Finance Budget and Systems DI~FARTME~NT OF FINANCE CITY OF ROANOKE, VA. May 29, 1990 TO: FROM: SUBJECT: Honorable Mayor and Members of Joel M. Schlanger Monthly Financial Report City Council Attached is a copy of the financial report for the month of April, 1990. JMS/kp GENERAL FUND CONTINGENcY BALANCE AS OF APRIL 30, 1990 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 -~ocial Services ~ .~ergency Services Dlr. of Human Resources Management and Budget Management and Budget Snow Removal Management and Budget Management and Budget Management and Budget City Clerk City Clerk City Clerk Social Services-Services 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 Swimming Pool Passes Consolidation Expenses Consolidation Expenses Snow Removal Consolidation Expenses Consolidation Expenses Consolidation Expenses Furniture Service Awards Service Awards Foster Care $ 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 5,000 5,000 75,090 2,141 5,000 2,370 4,992 5,000 3,500 (125,936) $ 8,788 GENERAL FUND CONTINGENCY BALANC~ AS OF APRIL 30, 1990 (Continued) Maintenance of Fixed Assets Contingency: Balance July 1, 1989 Building Maintenance Building Maintenance Building Maintenance Third Street Annex Roof Melrose Library Roof Roof Repairs 200,000 50,000) 14,200) 30,985) $104,815 Equipment Replacement Contingency: Balance July 1, 1989 School Board City Attorney Transfer to Capital Fund Refuse Collection Police Patrol Street Maintenance Crisis Intervention Building Maintenance Refuse Collection Signals and Alarms Billings and Collections Police Patrol School Buses Typewriter Flood Reduction Vehicles Radios Vehicles Vehicles Vehicles Recycling Program Vehicle Automated Meter Reading Grant Local Match $ 750,000 150,000 875 88,508 37,375 20,480 15,940 17,474 35,000 30,515 41,646 6,438) 155r749 Total Contingency Balance 2 CITY OF ROANOKE ~FUND STATEMENT OF ~ ~eneral Property T~xen Other Local Taxes Permits, Fees, end Licenses Fines and Forfeitures Revenue Frc~ Use of Money & Property Educa%ien 6rants-in-Aid C~m~enwealth Grants-in-Aid F~eral ~ov~rn~ent Charges for Current Services M~scslleneous Revenue Internal Services Total Year 31,199,821 $ 33,781,058 8.~7% $ 45,501,500 25,577,718 26,491,467 3.57% 35,423,000 383,563 370,590 (3.38%) 445,000 598,183 505,859 (15.43%) 568,0~0 967,053 1,102,580 14.01% 1,456,000 24,596,759 24,291,591 (1.24%) 31,718,251 16,452,711 17,130,269 4.12% 23,314,827 927,012 28,932 (96.88%) 27,000 1,687,781 1,975,885 17.07% 2,435,506 380,255 289,603 (23.84%) 371,428 1.109.157 1,175,450 5.98% 1,545,800 $103.880.013 $107,143,284 74.24% 74.79% 83.28% 89.06% 75.73% 76.59% 73.47% 107.16% 81.13% 77.97% 76.04% 3.14% $142,806.312 75.03% 3 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES ~eneral ~overmment ,Judicial ~dministration Public Safer2 Public Works Health ~nd Welfare Parks, Recreation & Cultural Commmit~ Development Education Dabt Service Non-Departmental Total Jul! 1-1pr.30 Jul! 1-~.30 V~,~ ~ 1~-~ 19~9-~0 of ~ ~,,~._~ 6,549,491 $ 6,729,147 2.74% $ 1,432,410 2,287,516 2,571,6110 12.42% 573,852 19,935,748 21,693,270 8.82% 4,033,722 15,650,818 16,174,083 3.34% 3,315,507 9,291,454 9,970,879 7.31% 2,418,532 2,724,775 3,106,063 13.99% 601,515 954,609 1,068,082 11.89% 176,896 47,124,675 51,432,817 9.14% 12,193,529 7,595,643 8,074,044 6.30% 304,403 2.921,828 5t354,504 83.26% 1,478,031 $115.036,557 $126.174,489 9.68% $"26,528,399 Cun~at Flsoa/ Year $ 8,161,557 82.45% 3,145,452 81.76% 25,726,992 84.32% 19,489,590 82.99% 12,389,411 80.48% 3,707,578 83.78% 1,244,980 85.79% 63,626,346 80.84% 8,378,447 96.37% 6.832.535 78.37% $152.702,888 82.63% 4 CAPITAL PROJECTS FUND STAT~/~T OF EXPENDITURES, ENCUMBRANCES ~ND UNENCUMBERED APPROPRIATIONS SIB~2%RY AS OF APRIL 30, 1990 ~eneral Gov~t $ 1,427,922 $ 4,344,550 $ 5,772,472 $ 5,168,110 $ 604,362 $ 18,909 $ 585,453 Education 602,225 8,468,665 9,070,890 5,188,031 3,882,859 93,526 3,789,333 Recreation 54,194 667,423 721,617 431,159 290,458 252,095 38,363 Streets and Bridgee 1,112,191 4,425,101 5,537,292 3,338,018 2,199,274 946,610 1,252,664 Sanitation Projects 4,223,475 4,300,491 8,523,966 7,354,546 1,169,420 1,074,527 94,893 Traffic Engineering & Coe~mmication 1,151,281 153,795 1,305,076 928,308 376,768 50,516 326,252 Other Infrastructure Projects 267,514 14,288,200 14,555,714 523,085 14,032,629 302,917 13,729,712 Capital Improvement Reserve 2,969.073 1.207,055 4,176;128 4,176,128 4,176r~?8 $11.807,875 ~37,855,280 S49.663.155 $22.931.257 $26,731,898 $2,739,10~ $23.992.798 Total Capital Projects Fund 5 CITY OF ROANOKE WATER FUND COMPARATIYE INCOME STATEMENT FOR THE 10 ~ONTHS ENDED APRIL 30, 1990 Operating Revenue: Cormnercial 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 1990 898,267 1,205,576 86,170 37,194 805,212 198~564 3~230~983 706,283 1,159,465 284,039 161~266 2~311~053 919,930 573~416 346~514 162,659 3,725 5,529 171~913 518,427 8~333 8~333 1989 $ 879,044 1,218,644 87,984 53,884 845,865 343f618 3~429~039 669,185 986,328 322,671 175~788 2~153~972 1,275,067 558~894 716~173 158,966 4,025 810 2~028 165~829 882,002 15~222 15~222 Net Income $ 510~094 $ 866~780 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project 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 $348,946 199,914 13,836 87,213 108,240 99,979 12,103 45,507 5~794 921,532 237~799 $683,733 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 7 CITY OF ROANOKE SEWAGE TR~ATM~IT F~ND COMPARATi-v-E INCOME STATEMENT FOR THE 10 MONT~S F/iDED APRIL 30, 1990 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 Flood Damage Reimbursement Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expenses Total Non-Operating Expenses 1990 $3,211,826 809,490 255,540 1,168,100 45,033 100,205 12,790 5,602,984 1,085,305 3,122,323 4,207,628 1,395,356 771~338 624,018 189,984 29,512 8,991 228,487 852,505 70~313 70,313 1989 $3,227,477 521,028 199,193 684,286 41,026 83,947 14,380 4,771r337 1,033,617 3~261,205 4,294,822 476,515 756,405 (279,890) 209,424 189,105 22,821 2,021 423f371 143,481 85,575 85,575 Net Income $ 782~192 57,906 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Unidentified Construction FY86 Projects Design S.T.P. Land Acquisition Fine Mesh Screens STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIB Mud Lick Sanitation Sewer Replacement Ph. II Williamson Road Storm Drain Ph. 2, Cont. IIC Coyner Springs Sewer Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Williamson Road Storm Drain Ph. 2, Cont. IG Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 32,185 102,358 26,387 25,721 66,281 211,074 373,360 482,816 523,234 416,288 112,832 21,416 135,340 80r600 2,609,892 1~202r772 $1t407~120 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 9 ROANOKE REGIONAL AIRPORT COMMISSION CO~PA~ATI¥~. INCOME STATEM~TT FOR THE 10 MONTHS ENDED APRIL 30, 1990 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Income - Airport Debt Service Account Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-operating Expenses Interest Expense Paying Agent Fees Interest Expense - '88 Rev. Bond Issue Total Non-Operating Expenses 1990 $ 398,287 138,393 89,005 592,608 26,132 1,502,074 17,724 31~737 2~795~960 724,771 1~124~418 1~849~189 946,771 807{622 139~149 183,963 30~868 214~831 353,980 83,642 3,104 318~739 405~485 1989 360,086 130,801 163,097 24,572 19,882 1,300,850 29,890 46~803 2~075~981 405,126 1~049~268 1~454~394 621,587 442~560 179~027 161,265 161~265 340,292 88,469 88~469 Net Income (Loss) $( 51,505) $ 251~823 10 ROANOKE ~EGIONAL AIRPORT COMMISSION Capital Outlay Not Included in Operating Expenses: Project Furniture and Equipment Vehicular Equipment Other Equipment Unidentified Construction Repaint R/W & T/W Markings Relocation Expenses Runway Extension #23 New Terminal Building Terminal Related Projects General Aviation Development FAR Part 150 Noise Study Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 10,636 44,831 18,115 29,233 2,366 68O 283,887 23,779,584 25,581 21,391 33~530 24,249,834 18~975~312 $ 5~274~522 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 11 CITY OF ROANOKE CI~IC CE~'£~K FUND COMPARATI~ INCO~ STATEmeNT FOR THE 10 ~ONTHS ENDED APRIL 30, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating EXP. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Ada: Non-Operating Income Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating Income 1990 $ 318,117 77,056 115,451 2,010 100,857 88r723 702,214 471,588 239,386 544,018 75,060 8,242 1~338,294 (636,080) 285~885 (921,965) 655,650 33,876 4,101 693,627 1989 332,879 40,283 111,234 2,663 101,525 74~448 663,032 445,966 332,730 465,757 66,447 5~556 1,316f456 653,424) 269f109 922r533) 586,340 34,147 3~175 623,662 Net (Loss) 228,338) ~(298,871) 12 CIVIC (~ FUND CONTINDED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Elevator for Handicapped Trade & Convention Center Study Fire Alarm System Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 53,578 159,908 45,124 21~219 279,829 62~628 $217~201 NOTE: Some of these projects are continued from FY88 and FY89 with inception to date totals. 13 CITY OF ROANOKE INTERNAL SERVICE FUND CONPA~Aglv~. INCOME STATEMENT FOR THE 10 MONTHS ENDED APRIL 30, 1990 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 1990 $5~601~472 5~601~472 3,289,263 1~642~794 4~932~057 669,415 555,883 111,532 119~691 119~691 $ 231~223 1989 $5~179,310 5~179~310 3,090,109 1~428~477 4~518~586 660,724 515~027 145,697 78~396 78~396 .$ 224~093 14 Capital Outlay Not Included in Operating Expenses: Project CIS - Other Equipment MC - Furniture & Equipment MC - Other Equipment MVM - Other Equipment UL8 - Vehicular Equipment ULS - Other Equipment ULS - Land Purchase ULS - Construction - Structures Year to Date Expenditures $201,807 9,468 262 2,901 86,165 27,341 1,050 93~032 Total $422~026 15 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEHENT OF ACCOUNTABILITY FOR THE NONTH ENDED APRIL BO, 1990 TO THE OIflECTOR OF FINANCE: GENERAL STATEHENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE HOHTH ENDED APRIL BO, 1990. FUND GENERAL CAPITAL OEDT SERVICE WATER SEWAGE TREATHEHT AIRPORT CIVIC CENTED INTERNAL SEBUICE PAYROLL PUBLIC ASSISTANCE FIFTH UIST CONSORTIUH GRANT PRDGRAH5 BALANCE AT RECEIPTS NAR. Vt, 1990 ($BBB,90).4&) $1B,?)O,DOB.B1 $17,594,15&.15 $4B5 7B4.B1 $744,4EO.B7 $338 077.91 $2,BB6,BBS.08 BBB6 414.87 $2,566,768.63 $710 5SD.BO $2,6B1,852.~6 $376 179.60 $2,361.00 $165 893.98 $1,664,51@.96 S555 466.62 [$4,834,4~5.58) $8,784,894.71 ($363,782.871 $387,659.4& ($37,640.42) 111D,564.00 (Sl,572,76B.B1) $1,158,04B.30 DI5BURSEHENT5 BALANCE AT BALANCE AT APR. 30, 1990 APR. BO, 1989 $12,4Bl,BBB.61 $6,090,069.14 $10,857,883.68 $961,14B.16 $17,058,798.B0 $18,071,308.42 $559,990.0B $742,508.B5 $594,188.D0 BB57,63B.70 $2,345,10&.B5 BB,336,61B.B9 $1,233,473.08 $2,043,855.37 $B,484,794.83 $202,180.77 BB,795,B51.11 BB,275,B25.44 $184,316.84 ($16,059.B6) 1616,680.35 $46B,756.41 $1,757,224.17 $I,374,366.B7 $8,BBB,180.3B ($4,B75,711.19) ($4,378,7B7.85) $415,494.83 ($B91,558.24) ($323,931.41) $88,977.68 ($11,054.10) $78,592.36 S875,0S6.18 ($1,B89,775.69) ($1,BOI,717.BO) TOTAL $20,412,940.B3 $BB,DB4,B4B.69 $26,488,330.61 BB6,B49,BD3.41 BBB,7BS,475.48 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATENENT OF NY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUND5 OF THE VARIOUS ACCOUNTS THEDEOF FOR THE HONTH ENOING APRIL 30, 1990 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES TOTALS CASH IN HAND $627,718.B5 $6B7,71B.B5 CASH IN BANK $21,535.16 BBI,535.L6 INVESTNENTS ACQUIRED FROH CONPETITIUE PROPOSALS: $5,000,000.00 CHARTER FEDERAL SAVINGS RANK $&,O00,O00.O0 COREAST SAVINGS BANK $3,600,000.00 DONINION BANK $6,000,000.00 PERPETUAL SAVINGS BANK $B,O00,O00.O0 BB,O00,O00.O0 SIGNET BANK $5,000,000.00 S6,000,OOO.00 $3,600,000.00 S6,000,000.00 S5,000,000.D0 TOTALS $649,B53.41 BBO,O00,O00.O0 S5,600,000.00 $26,B49,253.41 ROANOKE CITY TREASURER 16 CITY OF ROANOK~ PENSION PLAN STAT~i~T OF REVENUE AND EXPENSES FOR TH~ 10 MONTHS F~ND~D APRIL 30, 1990 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1990 $4,586,556 4,176,808 631,150 230~804 $9~625~318 1989 $3,869,977 3,752,153 918,095 194~858 $8~735r083 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $3,978,684 368,503 8,023 157,265 157r972 4~670~447 $4~954~871 $3,735,457 314,717 24,374 215,329 108f768 4~398~645 $4~336f438 17 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF APRIL 30, 1990 ASSETS Cash Investments: (market value - 1990 $105,556,578 and 1989 $ 98,744,745) Total Assets 1990 1989 1,366 $ 412 100~762~579 $100~763~945 90~961~988 $90~962~400 LIABILITIES AND FUNDBALANCE Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 95,809,074 4~954~871 100~763r945 $100~763~945 $86,625,962 4~336~438 90r962~400 $90~962~400 18 THE CITY OF ROANOKE PENSION PLAN GAIN ON SALE OF INFESTNE~TS APRIL 30, 1990 Invesco 05/01/82 Wolf, Webb o7/0 /85 Wedge o6/01/89 Totals Cumulative 9,264,912 3,447,337 2r043~477 $14,755~726 Year-to-Date $( 4,209) 608,448 26~911 $ 631~150 INVESTMENT CO~ITTEE ONLY GENEPAL FUND BUDGET ANALYSIS AS OF APRIL 30, 1990 Sources of Funds: Original Revenue Estimate for Fiscal Year Revenue Estimate Chnsgus: 29780 29803 29809 29815 29816 2982O 29841 29888 29916 29926 29944 29947 29967 30002 30009 30011 Grants-in-aid Ccmmm~alth orants-in-Aid Coamom~alth Miscellaneous ornsts-ia-Aid Commonwealth Orant s-in-Aid Commonwealth Grants-in-Aid Co.~uswnslth Revenue Estimate Adjustmnst ~rants-in-Aid orants-ia-kid Cusmonwealth Srnsts-in-Aid Commonwealth Miscellaneous - Recycling Srants-ia-Aid Comuswuslth Srusts-ia-Aid Cmm~m~alth 8rusts-ia-Aid C~x~onsealth Srante-ia-Aid Cce~onwuslth Charges for Services 63,22O 15,860 ~3,572 22,400 7,915 ( 53,980) 2,013,654 14,000 96,735 ( 85,755) 112,756 2,753 74,036 12,618 345,494 16,600 $140,124,434 2,681,878 $142,806,312 Desi~nsted ~md l~lance Appropriated Reserve for Prior Year Encumbrances Total Sources of Funds 5,409,892 4.486,684 $152,702,888 Appropriations: Original Appropriation Budget for Fiscal ye,ur 29697 Citizen Services Co~. 29624 Various 29662 School Board 29662 School Board 29663 School Board 29663 Equipment Replace~ant Costingenc~ 29663 School Board Subal~ies Subsidies Transfer to Gra~t Fund Local ~atch Equipment ~q~im~t (c~a~) $( ( ( 378,100) 378,100 22,600) 150,000 150,000) 268,167 $140,124,434 INTERNAL ONLY - A GENERAL FUND BUDGET ANAS¥SIS AS OF APRIL 30, 1990 ( Cont inue4 ) Ord. No. 29672 Yerious 29682 School Board 29682 School Board 29683 Transfer to 6cent Fund 29683 Commonwealth Attorney 29687 Ccammity 29687 Transfer to Grunt 29697 Non-departmental 29723 Clerk of Circuit Court 29725 Nonde~art~mtal 29736 ~meral Fand Contin~enc~ 29736 ~7~ Buil~ ~t~ce 297~ Fix~ ~% ~ntt~. 29749 ~f~ to ~pital F~d 29752 ~1 ~752 ~sf~ to Gr~% ~d ~756 ~eral ~st~gen~ 29761 ~f~ to Capi~ Fand ~763 ~ to ~pit~ ~776 Sc~l ~776 ~sf~ ~777 T~ ~780 ~i~ ~793 ~f~ to ~pit~ ~7~ CitF ~cil ~7~ ~ ~nti~ ~03 ~i~ ~ices ~9 ~s~ll~ ~814 ~rposu Prior Year Encumbrances Transfer to Grant Fund Instruction Local Match Local Match Local Match Local Match Fee Study Microfilm Equipment Pensiou (Reserved Bridge ~c%ion Bridge Inspection Ronf Enpair Roof Re~air A & P Buildin~ (C~P~) Instruction Local Match Local Match Local Match Milan Property (C~P) vieduct Eng. Instruction Buildin9 I~prove~ants P~less Grant Match ~lean ~rant Match ~ Based Services Braedon ~d Engo Vtcti~ Doustlon Hugo Vict~., Donation Cable ~V Contract Cable TV Contract Instruction $ 4,486,684 169,000 169,000) 20,072 20,072) 10,000) 10,000 29,750 17,779 250,000 123,000) 123,000 50,000 50,000) 1~,~8) 184,~8 1,117) 1,117 152,500 100,000 30,308) 30,308 30,000 30,000) 79,025 15,805) 10,000 6,500 6,500) 15,860 23,930 3S0) 15,0~) INTERNAL ONLY - A GENERAL FUND BUDGET ANALYSIS AS OF APRIL 30, 1990 (Continued) 0rd. No. Department 29814 Education 29815 Income Maintenance 29816 Crisis Intervention 29816 Juvenile Probation House USDA Grant 29816 Juvenile Detentio~ 29820 Various 29820 Personnel Lapse 29841 School Board 29841 Fringe Benefits 29841 Transfer to Capital Fund 29846 Police Patrol 29855 Transfer to Capital Fund 29865 S~i 29871 Tr~fer to Internal Se~tce 29871 Bulling Maintenance 29871 Libracy 29871 L~hr~ 29871 ~neral F~ 29885 City Treasurer 29685 City Treasurer 29888 Social Services 29888 Deseral Contingency Equipment 29889 Transfer to Capital Fund 29889 8eneral Fund Contingency 29891 Contributions 29899 Police Patrol 29899 General Fund Contingency Radios 29903 Refuse Collection Vehicle 29903 Seneral Fund Contingency Vehicle 29914 Snow Ramoval Snow Ram~val 29914 6eneral F~d ContIngency Local Grant Match Indo-Chinnse Program USDA Grant USDA Grant Persoenal Personnel Lapse Healib S~t3n Insurance Capital Projects Vehi~es ~ower Project (~) Capital Projects Library Automation (CMERP) Library Aut~tien Library Automation (C~P) Library Automation Library Autamatice Insurance Recovered C~s~s Eqalp.=~ Flo~ R~ductios proj~ Flood Reduction Project VWCC Site Develop Radios Snow R~al 15,000 22,400 1,830 802 5,283 ( 264,400) 210,420 275,000 163,951 1,574,703 148,962 1,637,320 1,867,555 158,809 20,100 21,091 15,327 15,327) 8,495 8,495) 17,500 3,500) 150,000) 34,635 37,375 37,375) 88,508 88,508) 75,090 7%090) INTERNAL ONLY - A GENERAL FUND BUDGET ANALYSIS AS OF APRIl. 30, 1990 ( Cant inued ) ord. No. ~perU~nt 29916 School Board 29923 J & D Court 29923 Jail 29924 Street Maintenance 29924 Crisis Intervention 29924 Buildtug Mainteunnce 29924 ~eseral Fund Cuntingun~7 29926 Various 29926 Personnel Laps~ 29928 Building ~lainte~ance 29928 Fixed Assets Contingun~ 29934 Bulldin9 Maistununce 29934 Fixed Assets Costingunc-] 29944 Equil~unt Replacement Cuntingesc~ 29944 Refuse Collsction 19944 Jail Rsoovered Costs 29944 GRTC Operating Subsidy 29944 Refuse Collactioa 29947 School Board 29947 Schcol Board 29951 Transfer to Capital 29965 School Board 29965 School Board 29967 Police Patrol 29967 ~ae~. F~u~l Costin~cy 29969 $i9~1s a~ ~a~ 29969 Equilx~nt Replao.m-nt Contingency 29986 Billings & Collections 29986 Equilm~nt Replacement Costingescy 30002 Co~onwealth Attorney 30003 Transfer to Capital 30009 Social Semites - Pur~oes Vocational Srast Psycholo~icel Couunalin~ Recovered Costs Vehicles Vehicles Vehicles Vehicles Personnel Lapse Personnel Lapse Roof Repair Roof Repair Roof Repair R~f R~l~mir R~q¢lin~ Prwm Ra~ling P~ (~) Racy¢li~ Iunt~ction Brundoo avunes (C~) Transfer to ~rast Fund Ommmicetioo EquJ .r~.t Coammtcetiun Equipmunt ~ektcle Vchicls ~ster Reading Mater ~esd~ ~t ~t FI<~i Reduction (~) Foster Care 96,735 60,000 60,000) 20,480 15,940 17,474 53,894) 219,340) 133,585 14,20~ 14,200) 30,985 30,985) 35,000) 50,000 74,404) 50,000) 272,160 2,753) 5,506 140,000 1,600) 1,600 80,474 6,4~) 30,515 30,515) 41,646 41,646) 12,618 50,000 471,430 INTERNAL ONLY - A BUDGET ANALYSIS AS OF APRIL 30, 1990 ( Continued ) Ord. No. DeDa~t 30009 ~eneral Fund Contingency 30011 Law Librar~ Local Match - Foster Care Op~rat~cJ Expenses $ (125,936) 44t824 12,578.454 $152.702.888 Budget Excess (Deficit) INTERNAL ONLY - A CITY OF ROI~NOKE GENERAL FUND STATUS OF DESIGNAT~-n FUND BALANCE AS OF APRTL 30, 1990 Balance July 1, 1989: From FY 1988 From FY 1989 Cit~ Administration School Administration $ 401,596 $ 150,000 3,289,290 1,985r722 $3,690,886 $2,135,722 Appropriations: Ord. No. Department 29663 29697 29723 29749 29761 29763 29793 29846 29855 29855 29871 29891 29944 29951 30003 30011 School Board Nondepartmental Clerk of Circuit Court A & P Building Milan Property Viaduct Engineering Brandon Ave. Land Purchase Police Vehicles Tower Project Various Capital Projects Library Automation VWCC Site Development Recycling Program Brandon Avenue Widening Roanoke River Flood Reduction Law Library Total Appropriations Unappropriated Balance 29,750 17,779 425,000 152,500 100,000 10,000 148,962 1,637,320 200,000 34,635 50,000 140,000 50,000 28,224 3r024~170 666,716 268,167 1,867,555 2,135~722 $ - INTERNAL ONLY - B CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT RESERVE BALANCE APRIL 30, 1990 Balance July 1, 1989 $6,522,546 Ord. No. 29819 29841 C~T CMT 29937 Transfers In Closeout of Completed Projects FYg0 Revenue Adjustment Closeout of Tinker School Project Closeout of Southern Lane Storm Drain Closeout of Various Projects 310,610 926,183 326 6,288 352,955 Ord. No. 29700 29734 29742 29760 29776 29784 CMT CMT 29844 29850 29855 CMT 29880 CMT 29941 CMT CMT CMT CMT CMT 29959 29991 29993 30007 Transfers Out Williamson Road Storm Drain Flood Reduction Land Acquisition Williamson Road Storm Drain Street Widening School Building Improvements Peters Creek Flood Reduction A & P Building Appraisal Tower Project Statesman Park Watershed Study Oaklawn/Trinkle Ave. Storm Drain Tower Project Thirlane Road Stormwater Management Study Statesman Drainage Study Andrews Memorial Park Glade View Drive Glade View Drive Glade View Drive Thirlane Road Statesman Park Watershed Study Park Improvements Mill Mountain Master Plan Thirlane Road Downtown Curb and Sidewalks 1,742,648 200,000 811,573 40,000 88,924 63,836 480 2,020 15,000 42,663 415,250 5,000 5,018 2,964 8,650 1,413 5,000 5,000 5,000 3,753 60,000 35,000 100,000 283~588 Balance as of April 30, 1990 $4~176r128 INTERNAL ONLY - C CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT RESERVE BALANCE APRIL 30, 1990 ( Continued ) Appropriated from General Revenues Buildings Streets and Bridges Economic Development Storm Drain Future Flood Reduction FY90 Revenue Adjustment Appropriations Transfers $ 55,757 $ 34,396 80,014 38,365 834,116 834,116 1,775,059 1,026,814 817,024 200,000 926~183 150~023 4~488~153 2~283~714 Balance $ 21,361 41,649 748,245 617,024 776~160 2~204~439 Public Improvement Series 1988 So.ds Parks Schools Streets and Bridges Storm Drains Balance Appropriations Transfers Balance $ 750,000 $ 228,000 $ 522,000 3,525,000 3,525,000 1,500,000 1,027,986 472,014 4~225~700 3~248~025 977~675 10~000~700 8~029~011 1~971~689 $14~488~853 $10~312,725 $4~176,128 INTERNAL ONLY - C CAPITAL PROJECTS FUND INTI~EST INCOM~ ANALYSIS APRIL 30, 1990 Or~. No. 29789 29855 29855 29855 Balance July 1, 1989 Williamson Road Storm Drain - Phase 2 Tower Project - Economic Development Tower Project - Unallocated Interest Tower Project - Additional Interest $ 3,212,878.10 ( 696,710.00) (1,725,000.00) (1,339,386.00) ( 498,135.00) Interest Earned 1~552r746.31 Balance Available April 30, 1990 $ 506r393.41 INTERNAL ONLY - D May 31, 1990 File #60 Mr. Joel M. $chlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30005-52990 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for certain appropriation transfers between several departments to provide sufficient funds for internal services for the remainder of the fiscal year. Ordinance No. 30065-$2900 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. Mr. Ms. Management W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Arcelia B. Haston, Junior Accountant, Office and Budget of Room 486 Municipal Building 245 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 AN the 1989-90 General emergency. WHEREAS, for IN THE COUNCIL OF TH~ CITY OF ROANOKE, VIRGINIA The 29th day of May, 1990. No. 30065-52990. ORDINANCE to amend and reordain certain sections Fund Appropriations, and providing for the usual daily operation of Government of exist. of the Municipal the 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 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations City Manager (1) .................................. Office of Management and Budget (2) ............... Economic Development and Grants (3) ............... Director of Finance (4) ........................... Billings and Collections (5) ...................... Municipal Auditing (6) ............................ City Treasurer (7) ................................ Commissioner of Revenue (8) ....................... Real Estate Valuation (9) ......................... Jail (10) ........................................ Clerk of Circuit Court (11) ...................... General Services (12) ........................... Personnel Management (13) ...................... Police Services (14) ........................... Fire Administration (15) ....................... Emergency Services (16) ........................ Parks and Recreation (17) ...................... Building Inspections (18) ...... ~ ................ Communications (19) ............................. Engineering (20) ................................ Director of Human Resources (21) ................. Social Services - Administration (221 ............. Libraries (23) .................................... $ 430,172 370,883 300,441 1,427,415 841,691 418,210 619,675 661,426 666,385 3,688,196 824,103 374,822 598,795 1,584,220 266,278 281,408 1,306,132 625,885 1,415,130 1,195,026 151,012 373,791 1,670,594 1) City Information Systems 2) City Information Systems 3) City Information Systems 4) City Information Systems 5) City Information Systems 6) City Information Systems 7) City Information Systems 8) City Information Systems 9) City Information Systems 10) City Information Systems 11) City Information Systems 12) City Information Systems 13) City Information Systems 14) City Information Systems 15) City Information Systems 16) City Information Systems 17) City Information Systems 18) City Information Systems 19) city Information Systems 20) City Information Systems 21) City Information Systems 22) City Information Systems 23) City Information Systems BE IT FURTHER Ordinance shall be in (001-002-1211-7005) (001-002-1212-7005) 001-002-8120-7005) 001-004-1231-7005) 001-004-1232-7005) 001-005-1240-7005) 001-020-1234-7005) 001-022-1233-7005} 001-023-1235-7005) 001-024-3310-7005) 001-028-2111-7005) 001-050-1237-7005) 001-050-1261-7005) 001-050-3114-7005) 001-050-3211-7005) 001-050-3520-7005) 001-050-7110-7005) 001-052-3410-7005) 001-052-4130-7005) 001-052-4310-7005) 001-054-1270-7005) 001-054-5311-7005) 001-054-7310-7005) $( 290) 8,800) 1,900 49,000 59,000 29,500) 2,800) (126,000) 6,000 110,390 1,850) 1,200 6,500) 41,100) 900) 12,000 52,000 53,500 8,800) 8,000 450 27,900) 99,000) ORDAINED that, an emergency existing, effect from its passage. ATTEST: this City Clerk. May 29, 1990 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriations Transfer for Internal Service Fund Charges The City of Roanoke's Internal Service Fund accounts for certain service-providing departments. The service-providing departments within the Internal Service Fund recover the costs of providing those services by charging the receiving departments. Budgeted funds for internal services were allocated in the current fiscal year budget throughout the various departments based on estimated usage. Usage has varied from the original estimates. It is necessary to make appropriation transfers between several departments to provide sufficient funds for internal services for the remainder of the fiscal year. These transfers will not increase the original overall budget, only reallocate amounts between departments. The attached ordinance will accomplish the needed transfers. I recommend it for your approval. JMS/kp Attachment 31, 1990 File #24A-79-255 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30066-52990 amending and reordaining §21-65, Bingo games and raffles conducted under this article of the Code of the City of Roanoke (1979), as amended and adding new §21-66, Bingo games and raffles - definitions; §21-67, Annual permit required; application and processing fee, form of application; §21-68, Requirement of issuance of permit; where valid; duration; permits subject to regulations; §21-69, Limitation on frequency and duration of conducting bingo games; §21-70, Instant bingo; §21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; cer- tificate of compliance; right of entry upon premises; records; independent accounting procedure; §21-73, Prohibited practices; §21-74, Denial, suspension or revocation of permit; penalties; §21-75, Enforcement of article; injunctive relief; §21-76, Hearings and appeals; §21-77, Joint operation of bingo games; restrictions; special permit required; and §21-77.1, ~ raffles, bingo and instant bingo games permitted; to provide for the regulation of bingo and raffle games in the City. Ordinance No. 30066-52990 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. Sincerely, ~d,_A~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipol Building 215 Church Avenue S W Roanoke~ Virginia 24011 (703) 981-2541 Mr. Joel M. Schlanger May 31, 1990 Page 2 pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem. Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016. Salem, Virginia 24153 The Honorable Philip Trompeter, Domestic Relations District Court The Honorable Fred L. Hoback, Domestic Relations District Court The Honorable Joseph M. Clarke, Domestic Relations District Court The Honorable Edward S. Kidd, Jr., District Court The Honorable Julian H. Raney, Jr., Court The Honorable Richard C. Pattisal, Court The Honorable Patsy Testerman, Clerk, Ms. Patsy Bussey, Clerk, Juvenile and District Court Chief Judge, Juvenile Jr.. Judge, Juvenile II, Judge, Juvenile Chief Judge, Judge, General Judge, General and and and Ge ne ra l District District Mr. Ronald Albright, Clerk, General District Court Mr. Wilburn C. Dibling, Jr.. City Attorney Mr. W. Robert Herbert, City Manager The Honorable Gordon E. Peters, City Treasurer The Honorable Jerome S. Howard, Jr.. Commissioner of Revenue The Honorable Donald S. Caldwell, Commonwealth's Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B. Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 2403? Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235. Tallahassee, Florida 32304 Circuit Court Domestic Relations IN '£1t~ COUNCIL OF THE CITY OF ROANOKE, VIP~INIA The 29th day of May, 1990. No. 30066-52990. AN ORDINANCE to amend and reordain §21-65, Bingo games and raffles conducted under this article of the Code of the City of Roanoke (1979), as amended and to add new §21-66, Bingo games and raffles - definitions; §21-67, Annual permit required; application and processing fee, form of application; §21-68, Requirement of issuance of permit; where valid; duration; permitm subject to regulation; §21-69, Limitation on frequenc? and duration of conducting bingo games; §21-70, Instant bingo; §21-71, Reports of gross receipts and disbursements required; form of reports; failure to file; certificate of compliance; right of entry upon premises; records; independen? accounting procedure; §21-73, Prohibited practices; §21-74, Denial, suspension or revocation of permi?; penalties; §21-75, Enforcement of article; injunctive relief; §21-76, Hearings and appeals; §21-77, Joint operation of bingo games; restriction~; special p.ermit required; and §21-77.1, 0nly raffles~ bingo and instant bingo games permitted; to provide for the regulation of bingo and raffle games in the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-65 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: § 21-65o Bingo ga~es and raffles conducted under this article° Nothing in §§21-56 through 21-62 shall apply to any bingo game or raffle conducted in accordance with the terms and provisions of §21-66, et .s.eq, of this code. ~ 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following sections: §21-66. Bingo ga~ee and raffles - definitio-*: The following words shall have the following meanings: (a) "Bingo" means a specific game of chance played with individual cards having randomly numbered squares ranging from one to seventy-five, in which prizes are awarded on the basis of designated numbers on such cards conforming to a predetermined pattern of numbers selected at random. Such cards shall have five vertical rows headed respectively by the letters B.I.N.C.O., with each row having five randomly numbered squares. (b) "Building" means a structure located on a single lot enclosed by a continuous exterior wall regardless of the configuration of the interior walls. (c) "Calendar day" means the period of twenty-four consecutive hours commencing at 12:01 a.m. and concluding the following 12:01 a.m. (d) "Calendar week" means the period of seven consecutive calendar days (as defined above) commencing at 12:01 a.m. on Sunday and ending at 12:01 a.m. the following Sunday. (e) "Instant Bingo" means a specific game of chance played by the random selection of one or more individually prepacked cards, with winners being determined by the preprinted appearance of the letters B.I.N.C.O. in any prescribed order on the reverse side of such card. (f) "Jackpot" means a bingo card played as a part of a bingo game defined in § 21-66 (a) in which all numbers on the card are covered, each number being selected at random, and with no free or "wild" numbers. (g) "Organization" means any one of the following: (1) A voluntary rescue squad or auxiliary unit thereof which has been recognized by an ordinance or resolution of City Council as being a part of the safety program of the City; (2) An organization operated exclusively for religious, charitable, community or educational purposes; (3) Association of war veterans or auxiliary units thereof organized in the United States; or (4) A fraternal association operating under the lodge system. (h) "Raffle" means a lottery in which the prize is won by a random drawing of the name or prearranged number of one or more persons purchasing chances; provided, however, nothing in this article shall prohibit an organization from using the State Lottery Department's Pick-3 number as the basis for determining the winner of a lottery. §21-67. Annual permit required; application and processing fee, form of application. Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organization shall obtain an annual permit from the Director of Finance. The permit shall only be granted aftsr a reasonable investigation has been conducted by the Director of Finance or his authorized designee to determine that the organization is qualified and that the requirements of this chapter have been met. The application and processing fees shall be a total of two hundred dollars ($200.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form provided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. § 21-68, Requirement of issuance of permit; where valid; duration; permits subject to ref~ulatiOno (a) Prior to the issuance of any permit, the applicant organization shall meet each of the following requirements: (1) <2) Except for recently established volunteer rescue companies or departments, as defined in this article, the organization shall have been existence and met on a regular basis in the City for at least two years immediately prior to applying for a permit. However, this requirement shall not apply (i) to any lodge or chapter of a national or international fraternal order or a national or international civic organization which is exempt under § 501 (c) (3) of the United States Internal Revenue Code and which has a lodge or chapter holding a bingo permit issued under the provisions of this article anywhere within this Commonwealth, or (ii) where the Director of Finance provides for the issuance of a bingo or raffle permit for school sponsored activities to booster clubs which have been operating for less than two years, in public schools which are less than two years old. A permit shall be valid only in the City and only at the locations designated in the permit application. However, a permit may be issued to an organization which relocates its meeting place on a permanent basis from one Jurisdiction to another and complies with the requirements of subsection (1) of this section and provided further that the organization was the holder of a valid permit at the time of its relocation. An organization which has obtained a permit under this article to conduct a raffle may sell raffle tickets both in and out of the City, (3) The organization shall be operating as a nonprofit organization and shall have always been operated in the past as a nonprofit organization and shall have been in existence as a nonprofit organization for a period of at least two years immediately prior to seeking a permit as hereinafter provided. (4) Any organization whose gross receipts from all bingo operations exceed or can be expectad to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to § 501C of the United States Internal Revenue Code. (5) Any organization which rents or leases property for the purpose of conducting bingo games must, as a condition of obtaining a permit, obtain as part of their lease permission of the owner of the rental property to the Director of Finance or his designee, or any law enforcement officer to enter the property for an inspection of records and/or to monitor the conduct of the bingo game or raffle pursuant to § 21-71. (6) An organization shall designate an individual who shall be responsible for filing the annual or quarterly financial report required by this article if the organization goes out of business or otherwise ceases to exist. If annual gross receipts at the time of the organization ceasing to exist or going out of business exceed $200,000, then this individual shall be responsible for attaching the report of an independant certified public accountant as required in § 21-71 (d). (b) All permits shall be issued on a calendar basis and unless otherwise provided shall be valid for one calendar year beginning on January i. All applications for a permit shall be acted upon by the Director of Finance within 60 days from the filing thereof. (c) Upon completion of the application investigation and compliance with this article, and at the discretion of the Director of Finance, an annual permit shall be issued. (d) The Director of Finance is authorized to issue regulations, which are not in conflict with State or City Code, to ensure the public safety, and welfare in the operation of bingo games or raffles. § 21-69. Limitation on frequency and duration of conducting bingo ga~e~. (a) No organization shall hold bingo games more frequently than two calendar days in any one calendar week as defined in § 21-66 , and further no organization shall hold bingo games between the hours of 12:01 a.m. and 6:00 a.m. on a calendar day as defined in § 21-66 . (b) A special permit may be granted at the discretion of the Director of Finance which entitles an organization to conduct more frequent operations during carnivals, fairs and other similar events at its principal meeting place or any other site selected by such organization, which is located in the City and which is not in violation of any local zoning ordinance. 21-70. nInetant bingon. (a) Any organization qualified to conduct bingo games pursuant to the provisions of this article shall be authorized to conduct "instant bingo" as a part of such bingo game and only at such location and at such times as are specified in the bingo application permit for regular bingo games as defined in ! 21-66. (b) The gross receipts in the course of a reporting year from the playing of "instant bingo" shall not exceed thirty-three and one-third percent of the gross receipts of an organization's bingo operation, (c) Any organization playing "instant bingo" shall maintain a record of the date, quantity and card value of instant bingo supplies purchased as well as the name and address of the supplier of such instant bingo supplies. The organization shall also maintain a written invoice or receipt from a nonmember of the organization verifying any information required by this subsection. (d) No organization shall sell an "instant bingo" card to any individual below sixteen years of age. § 21-71. Reports of gross receipts and disburse~ents required; fonm of reports; failure to file; certificate of co~pliance; right of entry upon premises; records; independent accounting procedure. (a) Complete records of all receipts and disbursements shall be kept by the individual designated on the permit application and shall be filed annually under oath with the Diector of Finance. The annual or quarterly financial report and other items required to be filed under this section shall be a matter of public record. Ail accountings shall be made on or before December 1 of each calendar year for which a permit has been issued. The accounting shall include a record of the gross receipts and disbursements of an organization for the year period which commenced on October 1 of the previous year and a record of all money in the possession of the organization that was derived from bingo or instant bingo, regardless of when the money was received. However, any organization whose gross receipts exceed $50,000 during any calendar quarter shall be required to file an additional accounting of its receipts and disbursements during such quarter no later than sixty days following the last day of the quarter. "Gross receipts," as used in this section, shall mean the total amount of money received from bingo and "instant bingo" operations before the deduction of expenses or prizes. (b) All reports of receipts and disbursements shall be made on a form prescribed by the Director of Finance and acknowledged in the presence of a duly authorized notary public. The failure to file reports when due shall cause the automatic revocation of the permit, and no organization shall conduct any bingo game or raffle thereafter until the report is properly filed and a new permit is obtained, including payment of application and processing fee. (c) The financial report shall be accompanied by a certificate, verified under oath, by the Board of Directors that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with the provisions of this article. (d) Any organization having annual gross receipts from bingo games or raffles in excess of $200,000 as shown on its annual financial report, shall attach to such report an opinion of a licensed independent certified public accountant that (i) the annual financial report presents fairly, in all material respects, beginning cash, receipts, operating cost, use of proceeds, and ending cash; (ii) the proceeds of any bingo games or raffles have been used, in all material respects, for those lowful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all material respects in accordance with the provisions of this article. The failure to file the opinion of a licensed independent certified public accountant, when required, shall cause the automatic revocation of the permit and no organization shall conduct any bingo game or raffle thereafter until the opinion required by this subdivision is properly filed with the report and a new permit is obtained including payment of application and processing fee. The opinion required by this section is in addition to the audit and audit fee required by § 21-72. (e) Notwithstanding the provisions of this article requiring an annual audit, the provisions of this Section shall not be construed to prohibit the Director of Finance or his designee from performing unannounced audits or restrict any right of such official to secure records required to be maintained by the provisions of this article. Any such official shall have the authority to go upon the premises on which any organization is conducting a bingo game for the purpose of carrying out the duties imposed by this article including observation of the conduct of games. The application for the bingo permit shall constitute permission from, and authority granted by, such organization as well ae the owner or lessee of the premises on which bingo is to be played to any law enforcement officer, the Director of Finance and or his designee to eater ups· such premises. Denial of access Co the premises by the organization, the beildin~ o~ner or any party shall result i· the au~omatic revocation of a' permit. (f) The organization shall maintain a written record for three years of the dates on which biufo is played, the number of people in attendance on each date sad the ~tount of the receipts and prize8 paid on each day. The organization shall also maintain 8 record of the name and address of each individual Co whom a door prize, resular or special bingo game prize or Jackpot from the playinf of bingo iS swarded, ss well as the amount of the award. The organization playing bin~o shall also mintain an itemized record of all receipts and disbursements, includinf operatinf coots and uae of proceeds incurred in operatin~ bin~o games. (g) All records required to be maintained by this section shall be kept at the site at which blurs ie played as set forth in the permit or at the organization's local address as listed on the application. All records shall be m~de available Co inspection immediately upon the request of the Director of Finance or hie designee. Each organization shell designate · member on the application form to be responsible for providinf access to these records. 21-73 Proh~bited practices. In addition to those other practices prohibited by this article, the following acts or practices shall also be prohibited under the provisions of this article: (a) No organization shall enter into a contract with, or othe~vise employ for compensation any person, firm, association, org·nisation, partnership, or corporation of any classification whatsoever for the purpose of organizing, managing, or conductinf bingo g·mas or raffles. However, this subsection shell not prohibit the Joint operation of bingo gamas under J 21-77. (b) No person, firm, association, organization, partnership, or corporation shall pay or receive for use of ·ny premises devoted, in whole or in part, co the conduct of binfo games or raffles any consideration in excess of the current fair market rental value of such property. For purposes of this article, no fair market rental value consideration shall be based upon or determined by reference to · percentage of the proceeds derived from the operation of binfo fames or raffles nor shell such consideration be based upon or determined by any reference to the number of people in attendance at such bingo games or raffles. Each day in violation of this subsection shall constitute · separate Class I Risdeueanor as set fetch in J 21-74 (b). (c) No building.or other preRises shall be utilized in whole or in part for the purpose of conducting bingo games more frequently than ~wo calendar days in any one calendar week as defined by } 21-66 except as follows: The provisions of this subsection shall not apply to the playing of bingo pursuant to a special permit issued in accordance with ~ 21-69 (b). (2) No building or other premises o~ued by an organization as defined by J21-71 of chis article and qualified as · taw-exempt organization pursuan~ to JSOl (c) of the Internal Revenue Code shall be utilized in whole or in pert for the purpose of conducting bingo gnmes more frequently than four calendar days in any one calendar ~eek. (d) No person except a bona fide member of an organization defined by J 21-66 who has been · member reflected on ~he organization's lis~ of unmbers filed with the Director of Finance for at least ninety days prior to such participation, or the spouse of such listed member if a lis~ed member is present, shall participate in the management, opera,ion or conduct of any bingo game or raffle. No person shall receive any re~uneretion for participating in ~he management, operation or conduct of any such game or raffle excep~ that person eighteen years of age and under who sell raffle tickets to raise funds for youth activities in which they participate may receive nonmonetary incentive awards or prizes from the organization provided ~hat organization is nonprofit. (e) No organiza~ion shall enter into any contract with or otherwise employ or compensate any member of that organization regarding the sale of bingo supplies or equipment. (f) No organization shall award any bingo prize meney or any merchandise valued in excess of the follmeing maounts~ (l) no bingo door prize shall exceed 925, (ii) no tabular bingo or special bingo gm shall award a prize in excess of 9100, and (iii) no bingo Jackpot of any nature whatsoever shall exceed 91,000, nor shall the total nmoun~ of bingo Jackpot prises awarded in any one Calendar day exceed 91,000. (g) Excep~ as provided herein, no organization shall award any raffle prize or prizes valued at mere ~hen 9100,000 during any calendar year. The $100,000 limitation shall not apply to a raffle conducted us ~orm ~han once per calendar year by an organization qualified as a csx-exempt organinaCion pursuant to J 501 (c) (3) of the Internal Revenue Coda for n prize consisting of a lot improved by a residential dwelling where 100 percent of the moneys received from such raffle, less deduc~iona for the fair market value for the cos~ of acquisition of the land and materials, ere donated to lawful religious, charitable, community, or educational organizations specifically chartered or organized under the laws of the Commonwealth and qualified as a 501 (c) (3) tax-exempt organiza~ion. (h) Any bingo game in which all the gross receipts from players for that fame are paid back to the players as prise money shall not be subject to the limitations of subsection (£) of this section, but there shall not be more ~han one such ggme per calendar day of play as defined in J 21-66 and the prize money from any such game shall not exceed $1,000. (i) No person shall participate in the operation of bingo games for more than one organization in any one calendar year. A calendar year shall run from January I thru December 31. (J) The sponsoring organization shall accept only cash or, at its option, checks in payment of any charges or assessments for players to participate in bingo games. (k) The award of any prise money for any bingo or raffle shall not be deemed to be part of any gaming contract within the purview of Section 11-14, Code of Virginia (1950), as ~mended. 21-74. Den~alt suspension or revocation of parmit~ penalties. (a) The Director of Finance Bay deny, suspend or revoke the permit of amy organisation found not to be in strict compliance with the provisions of this article. (b) Any person violatin~ the provisions of J 21-66 thru J 21-77.1 shall be guilty of a Class I misdemeanor. J 21-75. Enforceonst of articlo~ injunctive relief. In the event that any person violates the provisions of this article, then the Commonwealth's Attorney or the City Attorney Bay, in addition to the foregoing criminal penalties, apply to the appropriate circuit court for an injunction restraining the continued operation of bingo fames or raffles or any aspect thereof. J 21-76. Hearings end appeals. Unless automatic revocation is required by ordinance, no permit to conduct bingo gamma or raffles shall be denied, suspended or revoked except upon notice stating the proposed basis for such action and the tine end place for a hearing before the Director of Finance thereon. Where · permit ia autommtically revoked, the organization mmy requmec · hearing b-ith the Director of Finance. After a hearing, the Director of Finance My refuse issue or may suspend or revoke any such permit if he deteruines thac the organization has not couplied with the provisions of this article. Any organization aggrieved by the decision of the Director of Finance mmy appeal such decision to the circuit court. S 21-77. Joint operation of bingo games~ restrictionaj special perait re~utredo (a) Tvs qualified organizations aa defined in thio article mmy Jointly organize and conduct bingo gases provided both have been issued a perui~ under the provisions of I 21-67 and provided both fully couply with ell ocher provisions of this article. (b) Any two qualified organizations Jointly conducting bingo gamma shall be subject ~o the sm restrictions end prohibitions contained in this article cha~ would apply to a single organization conducting bingo g&ues. Organizations Jointly conducting bingo g~mes shall nsc circumvent any restrictions and prohibitions which would othervise apply if · single organization were conductin~ such games. These restrictions end prohibitions shall include, but not be limited to, tho frequency with which bin~o games uny be held, the value of mmrchandise or money awarded as prises, and all other practices prohibited under J 21-73 end Section 18.2-340.9 A, Code of Virginia (1950), as amended. (c) Any tvs qualified organizations which wish to Jointly conduct one or more - bingo gases shall furnish to the Director of Finance a ~rttCen report setting forth the division of manpower, costs, and proceeds for each gamm to be Jointly conducted. Upon a finding that the division of manpower and costs for each game bears a reasonable relationship Co tho division of proceeds, the Director o£ Finance shall issue · special permit for tho Joint conduct of ell approved bin~o gaUeSo No bingo gamm mmy be Jointly conducted until this special perult ia obtained by the organization involved for that bingo game. J 21-77.1. Only rnffles~ bin[o and lnacunt bin~o Sma permitted. This article peruits organizations to conduct raffles, bin~o and instant bin~o games. All gamms usc explicitly authorized by this article are prohibited. 3. This ordinance shall not affect the validity of any bingo or raffle permit for the 1990 calendar year issued prior to the effective date of this ordinance; provided, however, (i) the issuance of any bingo or raffle permit on or after the effective date of this ordinance shall be in accordance with the provisions of this ordinance and (ii) the terms and conditions of the ordinance shall apply to any bingo games or raffles conducted on or after the effective date of this ordinance, 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. MINUTES OF THE AUDIT iiCOMI~ITTEE OF ROANOKE CITY COUNCIL May 21, 1990 1:00 - 1:40 p.m. Members Present: E. T. Bowles, D. A. Bowers, B. T. Fitzpatrick, H. E. Musser Others Present: W. L. Brogan, W. R. Herbert, W. C. Dibling, J. M. Schlanger, F. B. Mayorshi, T. D. McQuade, D. S. Caldwell, M. D. Hooper, J. R. Branscom, W. X. Parsons, R. N. Collis, K. F. Mundy, Members of Local Press 1. Received, reviewed and filed the KPMG Peat Marwick June 30, 1990 Audit Plan. 2. Withdrew from agenda the KPMG Peat Marwick Financial Trends Analysis report as requested by the Municipal Auditor. 3. Received, reviewed and filed the report from the Municipal Auditor concerning bingo activities. Reviewed the revised bingo ordinance and unanimously agreed to refer this ordinance to City Council at its May 29, 1990 meeting. Received with regret the notice of retirement by William L. Brogan as Municipal Auditor, and agreed to request that City Council start the process of employing a Municipal Auditor so that this position can be filled by October 1, 1990. ~'-l~avia~. Bowers, Chairman Municipal Auditing May 21, 1990 Members of City Council Audit Committee Roanoke, Virginia As you know, I plan to retire from the position of Municipal Auditor on September 30, 1990, the end of my current term. I would like to take this opportunity to thank all Committee members, both past and present, for the guidance and support given to me during the past 16 years. If there is any way that I can assist City Council in filling this position, I will be pleased to do so. Respectfully, William L. Brogan Municipal Auditor ewb IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of June, 1990. No. 30096-61190. AN ORDINANCE to amend and reordain S21-67, Annual permit ~equlred; application and processing fee; form of application, of the Code of the City of Roanoke (1979), as amended, to reduce the application and processing fee for raffle permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-67 of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: S21-67. Annual permit required; application and pro- cessing fee; form of application. Prior to the commencement of any bingo game or raffle by any organization as defined in this article, the organi- zation shall obtain an annual permit from the Director of Finance. The permit shall only be granted after a reasonable investigation has been conducted by the Director of Finance or his authorized designee to deter- mine that the organization is qualified and that the requirements of this chapter have been met. The application and processing fees for a bingo permit shall be a total of two hundred dollars ($200.00). The application and processing fees for a raffle permit shall be a total of twenty-five dollars ($25.00). Application for the permit shall be accompanied by a check in the amount of the application and processing fee payable to the Treasurer. Application for an annual permit shall be made on a form provided by the Director of Finance. No permit shall be issued without all the information required by the form prescribed by the Director of Finance. The form must be signed by all appropriate parties in the presence of the Director of Finance or his designee. The application shall be a matter of public record. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Miscellaneous Council 6/11/90 ROANOKE COUNCIL, No. 562 3136 Harris Street Post Office Box 715 Roanoke, Virginia 24004 June 11, 1990 Mayor Noel Taylor and Members of Roanoke City Council Office of the Council Room 456 Municipal Building 215.Church Avenue S. W. Roanoke, Virginia 24011 Dear Mayor Taylor and City Council Members: Since I am unable to attend the meeting of City Council at 7:30 on June 11th, 1990, I'm sending this letter in hopes that you will consider it with regard to the proposed 2% tax on Bingo Operations. As I stated at the Council meeting on May 29th, I do support your efforts to eliminate abuses to the Bingo Laws. Once again, however, let me make it clear that I do feel the 2% tax on gross receipts will be a fatal blow to many of the legitimate bingo operations like the Knights of Columbus. While we recognize that reform may mean that we will have to endure some hardship such as even tighter record keeping and perhaps some sort of tax on our revenue, the 2% tax on smaI1 operations could mean the end of their programs! I ask that you consider a sliding scale such as .75% or 1% for operators with gross receipts up to say $250,000 and 2% for those over that figure. The Iegitimate operators who have voluntarily adhered to the state law have seen their attendance and their receipts fall. Illegal operations have drawn our patrons away with jackpots which exceed the limits allowed by the current laws. The plan you propose to adopt may close the legiti- mate operator but will be only a nuisance to the illegitimate operator. nc~relT, Bingo Chairman Knights of Columbus Roanoke Council 562 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 1990. No. 30111-61890. AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §21-72, Audit of reports; fee, to pro- vide for the audit of bingo and raffle reports and to establish the fee for such audits; and providing for an emergency. BE IT ORDAINED by 1. The Code of the City of hereby amended and reordained by section: the Council of the City of Roanoke (1979), the addition of Roanoke that: as amended, is the following new $21-72. Audit of reports; fee. (a) All reports filed pursuant to §21-71 shall be audited by the Director of Finance or his designee. All reports shall be a matter of public record.~ (b) An audit fee shall accompany each annual report. The fee shall be calculated on an annual basis and shall equal one and one-half percent of the first one hundred fifty thousand dollars and two percent of any amount in excess of one hundred fifty thousand dollars of the total of (i) the gross receipts which an organization reports pursuant to §21-71 and (ii) the interest income on money that the organization has received from bingo or instant bingo operations. (c) The audit fee shall be payable to the City Treasurer. Ail audit fees shall be separately accounted for and shall be used only for the purpose of auditing and regulating bingo games and raffles. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. June 18, 1990 S~JE~: Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Commonwealth Attorney Bingo Ordinance On Monday, May 28, 1990, City Council passed a new ordinance providing for the regulation of bingo and raffle games in the City. At the meeting it was requested that proposed Section 21-72 relating to the audit of reports and fees be removed so that further study could be completed. We have met and evaluated this section. As you are aware, the Code of Virginia allows for the local governing body to establish a reasonable audit fee of up to two (2) percent of the total gross receipts. With start-up costs associated with developing new forms, procedures, rules and regulations, and explanatory information, it is expected that over $50,000 will be spent the first year. We have spoken with other localities and find that the reason the General Assembly raised the fee in the 1990 Session was because the one (1) percent fee was not covering actual costs, and the localities found that the General Fund had to subsidize this special regulatory section. Honorable Mayor and Members Page 2 June 18, 1990 of City Council collected order to maintaining schedule is we have again reviewed these fees and the gross receipts (as was reported) by the organizations last year. In sustain an active program of enforcement and the and processing of applications, the following fee recommended: 1.5% of the first $150,000 of gross receipts 2.0% of all gross receipts over $150,000 At the end of the first full year of operation we will review the revenue collected to ensure that it is supporting the program that you intended. If we have collected more than is necessary to support the program we will recommend a reduction in the fee schedule. Also, sufficient to administer an increasing the fees. if the revenue collected is not adeq~/ate program, we will recommend The ordinance attached is recommended for passage. Donald S. Caldwell Commonwealth Attorney JMS/WCD/DSC/kp Attachment IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending the Code of the City of as amended, by enacting new $21-72, Audit of reportsi vide for the audit of bingo and raffle reports and to fee for such audits; and providing for an emergency. Roanoke (1979), fee, to pro- establish the BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of the following new section: §21-72. Audit of reports; fee. (a) All reports filed pursuant to S21-71 shall be audited by the Director of Finance or his designee. Ail reports shall be a matter of public record. (b) An audit fee shall accompany each annual report. The fee shall be equal to two percent of the total of (i) the gross receipts which an organization reports pursuant to S21-71 and (ii) the interest income on money that the organization has received from bingo or instant bingo operations. (c) The audit fee shall be payable to the City Treasurer. Ail audit fees shall be separately accounted for and shall be used only for the purpose of auditing and regulating bingo games and raffles. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. c,~ o, ~^~KL VA. June 11, 1990 Honorable Mayor and Members of City Council Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney Donald S. Caldwell, Commonwealth Attorney Bingo Ordinance On Monday, May 28, 1990, City Council passed a new ordinance providing for the regulation of bingo and raffle games in the City. At the meeting it was requested that proposed Section 21-72 relating to the audit of reports and fees be removed so that further study could be completed. We have met and evaluated this section. As you are aware, the Code of Virginia allows for the local governing body to establish a reasonable audit fee of up to two (2) percent of the total gross receipts. With start-up costs associated with developing new forms, procedures, rules and regulations, and explanatory information, it is expected that over $50,000 will be spent the first year. We have spoken with other localities and find that the reason the General Assembly raised the fee in the 1990 Session was because the one (1) percent fee was not covering actual costs, and the localities found that the General Fund had to subsidize this special regulatory section. Honorable Mayor and Members of Page 2 June 11, 1990 City Council Several organizations have expressed that they felt the two (2) percent fee is too high, however fully understanding that there is no intention to subsidize this activity from the General Fund. We are recommending that the two (2) percent fee be implemented effective immediately. At the end of one full year of operation we will review the fee and recommend a reduction in said fee if it is found that the excess fees have been collected. Also in reviewing this section we evaluated the application and processing fee set forth in Section 21-67. It is felt that this fee should be revised and split into two specific parts with bingo application and processing fees remaining at two hundred dollars ($200.00) and raffle application and processing fees being twenty-five dollars ($25.00). It is found that raffle application reviews and processing will take less time and thus the cost should be less. The ordinance attached is recommended for passage. Donald S. Caldwell Commonwealth Attorney JMS/WCD/DSC/kp Attachment May 31, 1990 File #525-20 Mr. Robert K. Bengtson, Roanoke Transportation Roanoke, Virginia Chairman Safety Convnission Dear Mr. Bengtson: Your report with regard to the Mayor's 1989 State of the City Recommendation Ho. 3 that the "Star City" become the safest place to live in Virginia by striving to have Virginia~s highest high- way compliance rate for buckling up, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, May 29, 1990. On motion, duly seconded and adopted, Council concurred in the recommendation. Vice-Mayor Fitzpatrick requested that the Transportation Safety Commission consider the feasibility of installing appropriate signage, containing the City's logo, at strategic entrances to the City with the message that based upon the Mayor's recommen- dation, the City of Roanoke will strive to have Virginia~s highest high~ay compliance rate for buckling up. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration Public Safety Room 456 Municipal Building 24§ Church Avenue SW Roanoke, Virginia 24011 (703) 981-254t and Roanoke, Virginia May 29, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: 1989 STATE OF THE CITY ADDRESS - Recommendation No. 3, Safety Belt Compliance - Response from City of Roanoke Transportation Safety Commission I. Background: 1989 State of the City Address, Recommendation No. 3 - "I recommend that the Star City will become the safest place to live in Virginia by striving to have Virginia's highest highway compliance rate for buckling up. I further recommend that we accept the challenge of the United States Conference of Mayors, which passed a resolution at its 55th annual meeting in Nashville, Tennessee, calling for Mayors to work toward achieving a national safety belt usage rate of seventy percent by 1990. The challenge is a great way to get the whole com- munity involved in a worthwhile project. I suggest that the necessary program of education will be developed and that a committee will be appointed that would help us use the resources at our command through the Virginia Automobile Safety Alliance headed by Ms. Barbara S. Bolton as we strive to meet the challenge of seventy percent by 1990." B. City of Roanoke Transportation Safety Commission received this recom- mendation for study, report and recommendation to Council. II. Current Situation: mo Virginia's automobile safety belt law (House Bill No. 1210) became effective January 1, 1988. This law requires drivers and front seat passengers to use safety belts when traveling in motor vehicles equipped with safety belts. Citations can be issued only when a law enforcement officer stops a driver for another law violation. Viola- tion of the safety belt law involves a $25 civil penalty. Safety belt use is mandatory for all municipal employees who are occu- pants of municipal vehicles (in accordance with Personnel Operating Procedure #23). Reported Accidents for the City of Roanoke indicate that during the three year period before this law took affect, (1985 through 1987), twenty-three (23) vehicle occupants were killed in Roanoke City auto accidents. Of this total, twenty (20) were not wearing safety belts (an average of 6.7 unbelted fatalities per year). In the two years since this law took effect, ten (10) vehicle occupants were killed in Roanoke City auto accidents. Of this total, eight (8) were not wearing safety belts (an average of 4.0 unbelted fatalities per year). This significant reduction in unbelted fatalities is likely due to the higher safety belt compliance rate. Page 2 Education and enforcement is necessary to make the law more effective. The Virginia Auto Safety Alliance (VASA), the Department of Motor Vehicles (DMV), the Virginia State Police (VSP), and the Virginia Department of Transportation (VDOT) have launched education and promotional cam- paigns on many fronts to encourage Virginia drivers to comply with the law. Signs, literature, and other promotional devices such as the addition of the safety belt logo to the back of the annual auto safety inspection stickers are but a few of the many educational materials being used by these agencies. The Roanoke Transportation Safety Commission should initiate a campaign to further these efforts if the 70 percent usage rate is to be achieved. The Virginia Transportation Research Council's (VTRC) latest survey figures for Roanoke indicate that the safety belt compliance rate was only 57.6 percent in June, 1989, and 60.0 percent in March, 1990. Studies by the VTRC will be conducted again in June, 1990. F. The City of Roanoke Transportation Safety Commission proposes several educational activities for occupant protection which can occur in Roanoke in the weeks and months ahead to help Roanoke achieve the desired 70 percent safety belt usage rate during 1990. These proposed actions include: 1. Public Service Announcements - provide public service announce- ments with reminders and statistics concerning safety belts to local television and radio stations to be televised and broadcast whenever possible. 2. Division of Motor Vehicles (DMV) mini-grant funds are available in the maximum amount of $1,500.00. These funds can be used to acquire: Educational Literature for Distribution - brochures, flyers, booklets, bumper stickers, etc. are available through the DMV and other organizations for distribution at key loca- tions (Municipal Building, City schools, libraries, etc.) b. Signage - safety belt signs are available for purchase and installation at key locations such as parking garage exits, near shopping mall exits, school parking lot exits, and other strategic locations. c. Billboards - billboard messages are available for purchase and installation at various locations. 3. Roanoke Civic Center Marquee - Periodic display of safety belt reminders throughout the year. Page 3 Enforcement - Police officer education and encouragement will be conducted to enhance enforcment of the safety belt law. Roanoke City Police Department is already scheduled to be present at Festival in the Park's "Art in the Park Day" on June 2, 1990 to distribute safety belt information. Also, during the month of June, the Police Department will be involved in the "Saved by the Belt" program which highlights the actual experiences of indivi- duals whose lives were saved by safety belts. III. Recommendation is that City Council receive and file this report. Respectfully submitted, Robert K. Bengtson, P.E. Chairman, City of Roanoke Transportation Safety Commission RKB/fm cc: Transportation Safety Commission Members