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HomeMy WebLinkAboutCouncil Actions 08-13-90 30177 (Musser) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 13, 1990 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· The invocation will be delivered by The Reverend Travis Hairston, Associate Pastor, High Street Baptist Church. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS Public hearing on the request of Cardinal Rubber and Seal, Inc., Ms. Loren D. Bruffey and Ms. Glenda H. Bruffey, that an alley which lies between Spruce Street and Kindred Street, S. E., paralleling Brownlee Avenue and Carlisle Avenue, as shown on a subdivision plat prepared by Jack G. Bess, Certified Land Surveyor, dated April 30, 1990, be permanently vacated, discon- tinued and closed. Mr. Roy V. Creasy, Attorney. Adopted Ordinance No. 30177 on first reading. (7-0) Public hearing on the request of Gus E. and Pauline G. Tomaras that a tract of land containing 0.227 acre, more or less, located on Oaklawn Avenue, N. W., iden- tified as Official Tax Nos. 2170210 and 2170211, Lots 11 and 12, be rezoned from RS-3, Residential Single Family District, to RM-1, Residential Multi-Family, Low Density District, subject to certain conditions prof- fered by the petitioners. Mr. Gus E. Tomaras, Spokesman. Adopted Ordinance No. 30178 on first reading. (7-0) Public hearing on the question of adoption of a resolu- tion pursuant to Section 30-19.04, Code of Virginia (1950), as amended, on a request of Showtimers of Roanoke Valley, Inc., for designation of property located at 1431 McVitty Road, S. W., to be exempted from taxation. Mr. David A. Beidler, Treasurer. Adopted Resolution No. 30179-81390. (7-0) (1) De Public hearing in connection with consideration of an Ordinance approving the issuance by the City of its general obligation bond or bonds, in an amount not to exceed $1,000,000.00, for the purpose of financing, in part, the costs of construction, renovation and expan- sion of school buildings in the City of Roanoke. Mr. Richard L. Kelley, Clerk of the Roanoke City School Board and Executive for Business Affairs. Adopted Ordinance No. 30180-81390. (7-0) C-1 C-2 CONSENT AGENDA (APPROVED 6-0 - Council Member Musser was out of the Council Chamber.) 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 communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, corrgnissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A report of the City Manager requesting an Executive Session to discuss specific legal matters requiring the provi- sion of legal advice by counsel, being the terms and conditions of an economic development contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel, being the terms and con- ditions of an economic development contract, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. (2) C-3 C-4 C-5 C-6 C-7 C-8 A communication from Mrs. Susan S. Goode tendering her resignation as a member of the City Planning Commission and the Architectural Review Board, effective August 15, 1990. RECOMMENDED ACTION: Accept the resignations with regret and receive and file the communication. A communication from Mr· resignation as a Trustee of effective September 10, 1990. E. Clabon Edwards the Roanoke City tendering his School Board, RECOMMENDED ACTION: Accept the resignation with regret and receive and file the communication. Council authorized a public hearing to be held on Monday, August 27, 1990, at 2:00 p.m., or as soon thereafter as the matter may be heard, to receive the views of citizens with regard to the upcoming vacancy. A list of items pending from July 10, 1978, to July 23, 1990. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Leo Platt as a member of the Roanoke Public Library Board for a term ending June 30, 1993· RECOMMENDED ACTION: Receive and file. Qualification of Mr. Mel H. Lipton as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1993. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Susan J. Cole as a member of the Roanoke Arts Commission for a term ending June 30, 1993. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request of Roanoke & Botetourt Telephone Company to address Council with regard to a franchise to use the streets and public ways of the City to construct a fiber-optic telecom- munications system. Mr. John P. Grove, Attorney. The matter was referred to the City Manager and the City Attorney to conduct the required advertising and any other action deemed appropriate· (3) Peti a· tions and Communications: A corr~dunication from Mayor Noel C. Taylor with regard to appointment of a Task Force for Racial Understanding. Concurred in the Mayor's recorr~nendationo A petition from managers and owners of certain retail stores located in Southwest Plaza requesting the removal of a traffic sign which prohibits left turns from Grandin Road Extension onto Mudlick Road, S. W., at certain hours of the day. Mr. William Valentine, Spokesman. The matter was referred to of holding a meeting with Association and merchants determine if a compromise Council accordingly. the City Manager for the purpose the Greater Deyerle Neighborhood of Southwest Plaza in order to can be worked out and report to A corr~unication from the Commonwealth's Attorney recom- mending acceptance of and participation in the Depart- ment of Criminal Justice Services Grant #90-A7380 AD for the Victim/Witness/Juror Assistance Program, in the amount of $35,619.00; and appropriation of funds there- for. Adopted Budget Ordinance No. 30181-81390 and Resolution No. 30182-81390. (7-0) 2. A report of the City Manager concurring in the above recommmendation. Received and filed. A communication from the Roanoke City School Board recom- mending appropriation of funds to certain school accounts. Adopted Ordinance No. 30183-81390. (7-0) Adopted Resolution No. 30184-81390 concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard Armory and Walt Disney Pictures for use of the National Guard Armory in connection with the filming of a Disney movie entitled, What about Bob. (7-0) Reports of Officers: a. City Manager: Briefings: None· (4) Items Recommended for Action: 1. A report with regard to Community Development Block Grant loans under the Home Purchase Assistance Program. Adopted Resolution No. 30185-81390. (7-0) A report with regard to execution of a real estate option agreement for possible acquisition of certain property for the Route 460 East Fire Station. Adopted Ordinance No. 30186-81390. (7-0) A report recommending approval for Educational Purposes for an Services Department. of a Leave of Absence employee of the Social Adopted Resolution No. 30187-81390. (7-0) A report recommending authorization for the City Manager to issue permits to certain local corrgnunity organizations to adopt highways and other public areas in accordance with the City's "Adopt-A-Highway" con- ditions. Adopted Resolution No. 30188-81390. (7-0) A report recommending appropriation of funds which were received from the Virginia Department of Youth and Family Services to be distributed to the Crisis Intervention Center, the Juvenile Probation House, the Juvenile Detention Home, and the Juvenile Detention Home -- Outreach. Adopted Budget Ordinance No. 30189-81390. (7-0) A report recommending acceptance and appropriation of funds from the State Department of Fire Programs to provide for the procurement of materials and equipment for training and development in the Fire Department. Adopted Budget Ordinance No. 30190-81390. (7-0) A report recommending authorization to execute a revo- cable permit for the encroachment of decorative glass and steel canopies attached to the facade of Center-In-The-Square over portions of the public sidewalk on Church Avenue, S. E. Question was raised with regard to location of the poles which, along with signage, benches and columns, encroach on pedestrian traffic. The City Manager, in conjunction with officials of Center in the Square, was requested to review the matter and report to Council at its regular meeting on Monday, August 27, 1990, at 2:00 p.m. (5) A report recommending authorization to execute an agreement between the City and the Commonwealth of Virginia Department of Transportation for adjustment of water facilities relating to the Route 115 (Plantation Road) highway project. Adopted Resolution No. 30191-81390. (7-0) A report recommending ratification of an emergency purchase of materials and direct employment of labor for the repair of a storm drainage system at 218 Houston Avenue, N. E.; and transfer of funds therefor. Adopted Budget Ordinance No. 30192-81390 and Resolution No. 30193-81390. (7-0) 10. A report recommending authorization to execute a deed of release to abandon the emergency telephone call box easement on Parcel 2 of the Downtown East Redevelopment Project. Adopted Ordinance No. 30194 on first reading. (7-0) 11. A report recommending an amendment to the City Code to designate the City Manager as Director of Emergency Services, and concurrence in the City Manager's appointment of the City's Manager of Emergency Services as the coordinator of Emergency Services activities. Adopted Ordinance No. 30195-81390 and Resolution No. 30196-81390. (7-0) 12. A report recommending appropriation of funds for payment of the local share and continued funding for land acquisition in connection with the Roanoke River Flood Reduction Program. Adopted Budget Ordinance No. 30197-81390. (7-0) Director of Finance: 1. A report with regard to the status of the financial condition of the City of Roanoke for fiscal year 1990. Received and filed. City Attorney: A report recommending adoption of a measure amending the Code of the City of Roanoke (1979), as amended, to provide that it shall be unlawful to fail to obtain required vehicle license plates, tags or decals, and to provide that the fine for such offense may not be discharged without proof of compliance with the licensing requirements. Adopted Ordinance No. 30198-81390. (7-0) (6) Reports a. 1. Ce de of Committees: A report of the Roanoke Civic Center Commission, recom- mending extension of the contract with Krisch Hotels, Inc., until April 1, 1991, for concessions and catering at the Roanoke Civic Center. Mr. John S. Edwards, Chairman. Adopted Ordinance No. 30199 on first reading. (7-0) 2. A report of the City Manager concurring in the above recorr~nendation. Received and filed. A report of the committee appointed to tabulate bids received for alterations to No. 3 Aeration and Nos. 3 and 4 Nitrification Basins at the Water Pollution Control Plant, reconvnending award of a contract to Acorn Construction, Ltd., in the amount of $118,900.00. Council Member William White, Sr., Chairman. Adopted Ordinance No. 30200-81390. (7-0) A report of the committee appointed to tabulate bids received for construction of the Plantation Road Hollins Road, No E. Storm Drain between Tinker Creek and 3172 Plantation Road, recommending award of a contract to Dixon Contracting, Inc., in the amount of $407,517.25; and transfer of funds therefor. Council Member William White, Sr., Chairman. Adopted Budget Ordinance No. 30201-81390 (7-0) and Ordinance No. 30202-81390. (7-0) A report of the committee appointed to tabulate bids received for alterations and additions to Fire Station No. 4, 3773 Aerial Way Drive, S. W. Council Member William White, Sr., Chairman. Deferred until the regular meeting of Council on Monday, August 27, 1990, at 2:00 p.m. A report of the Water Resources Committee recommending authorization to enter into a membership agreement on behalf of the City with Virginia Underground Utility Protection Service, Inc., to provide one call underground utility location service. Council Member Elizabeth T. Bowles, Chairman. Adopted Resolution No. 30203-81390. (7-0) (7) A report of the Water Resources Committee recommending authorization for an extension of the lease on the house and cabin located on the "Douthat" property in the Roanoke Centre for Industry and Technology, to A. Wade Douthat, III, on a month-to-month basis. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30204 on first reading. (7-0) A report of the Water Resources Committee recon~nending approval of a lease with Sun Valley Swim & Slide, Inc., to lease the Sun Valley property, upon certain terms and con- ditions. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30205 on first reading. (7-0) A report of the Water Resources Committee recommending authorization to transfer ownership of a City-owned parcel of land, identified as Official Tax No. 2141412, Oakland Boulevard, N· W., to the Roanoke Regional Airport Commission. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30206 on first reading. (7-0) A report of the Water Resources Committee recommending authorization to execute a one year extension of the City's lease of the property located at 124 Kirk Avenue, S. W., from James L. Trinkle, C. W. Francis & Son, Realtors. Council Member Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 30207 on first reading. (6-0 - Council Member Bowers abstaining.) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30174, on second reading, providing for an assessment of two dollars ($2.00) to be taxed as costs in each criminal or traffic case in the Circuit Court for the City of Roanoke, the General District Court for the City of Roanoke and the Family Court for the City of Roanoke; and providing for an effective date· Ordinance No. 30174-81390 was adopted as an emergency measure by Council at its regular meeting on Monday, July 23~ 1990. A Resolution designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and for any meetings of the Urban Section of the League. Adopted Resolution No. 30208-81390. (7-0) (8) 10. Ce A Resolution cancelling the meeting of the Council of the City of Roanoke scheduled for Monday, September 10~ 1990, at 7:30 p.m. Adopted revised Resolution No. 30209-81390, which cancels the September 10 meeting and reschedules the meeting for September 17. (7-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. On motion duly seconded and unanimously adopted, Council requested information from the Roanoke City School Board with regard to policy of the Board prohibiting the use of beepers or other portable co,,~n~nication devices in schools by persons other than school officials and others on offi- cial school business. Vacancies on various authorities, boards, committees appointed by Council. Appointed The Reverend Frank W. Feather Services Cor~nittee. commissions and to the Citizens' Reappointed Mr. Carl H. Kopitzke to the Mill Mountain Development Committee. Other Hearings of Citizens: Certification of Executive Session. (7-0) IN THE COUNCIL OF THE CITY OF ROA~EE, The 13th day of August, 1990. No. 30179-81390. ¥!RGINIA, A RESOLUTION supporting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for charitable and cultural purposes on a non-profit basis, and memorializing a certain agreement between Showtimers of Roanoke Valley, Inc., and this City. WHEREAS, Showtimers of Roanoke Valley, Inc., (hereinafter "the Applicant") has petitioned this Council for support for a bill to be · introduced at the 1991 Session of the General Assembly to exempt cer- tain property of the Applicant from taxation pursuant to Article X, $6(a)(6) of the Constitution of Virginia~; WHEREAS, a public hearing at which all citizens had an oppor- tunity to be heard~With respect to the Applicant's petition was held by Council on August 13, 1990; WHEREAS, the provisions of subsection B of $30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council. WHEREAS, the Applicant agrees that the property to be exempt from taxation is the personal property of the Applicant and its buildings and as much land as is reasonably necessary to the use of its buildings, provided such personal and real property shall be used by the Applicant exclusively for charitable and cultural purposes on a non-profit basis; WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1991 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to five percent (5~) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant were the Applicant not exempt from such taxation, for so long as the Applicant's real property is exempted from State and local taxation; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1991 Session of the General Assembly whereby Showtimers of Roanoke Valley, Inc., (hereinafter "the Applicant"), a non-profit organization, seeks to be classified and designated a charitable and cultural organization within the context ~f $6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for charitable and cultural purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph i of this Resolu- tion to be introduced at the 1991 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to five percent (5~) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of $30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recommends to the General Assembly that the specific classification shall be charitable and cultural. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the ser- vice charge established by this Resolution, and to David D. Beidler, counsel for the Applicant. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: City Clerk. ACCEPTED, AGREED TO, and EXECUTED by Showtimers of Roanoke Valley, Inc., this day of /~$~ , 19~. . / SHOWTIMERS OF ROANOKE VALLEY, INC. (SEAL) CLIFTON A. ICHIP) WOOORUM HOUSE OF D~I~EGATE$/. ~ COMMITTEE ASSIGNMENTS: August 21, 1990 Mr. John Garka Division of Legislative Services General Assembly Building 910 Capitol Street, Second Floor Richmond, Virginia 23219 Dear John: I enclose herewith the resolution adopted by the Roanoke City Council on Monday, August 13, 1990 concerning tax exemption of the property owned by Show'timers of Roanoke Valley, Inc. Would you please have a bill prepared in order that it might be introduced at the 1991 session of the Virginia General Assembly. With kindest personal regards, I am Cordially Woodrum CAW/mw Enclosure cc: ~ Honorable Mary F. Parker David D. Beidler, Esquire Office of the City Clerk August 15, 1990 File #79-169 Mr. David D. Beidler Treasurer Showtimers of RoanoKe Valley, Inc. 929 Mountain View Terrace, S. ~. Roanoke, Virginia 24015 Dear Mr. Beidler: I am enclosing four copies of Resolution Ho. 30179-81390 sup- porting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for charitable and cultural purposes on a non-profit basis, and memorializing a certain agreement between Showtimers of Roanoke Valley, Inc., and the City. Resolution Ho. 30179-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990, and shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Please sign and return three copies of Resolution Ho. to the City Clerk's Office, Room 456 Municipal Roanoke, Virginia 24011. ' 30179-81390 Building, Sincerely, Mary F. Parke r, CMC/AAE City Clerk MFP:ra Eric o pc: Hr. ~. Robert Herbert, City Manager The Honorable Gordon E. Peters, City Treasurer The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Joel M. Schlanger, Director of Finance Mr. Von W. Moody, III, Director of Real Estate Valuation Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #79-169 The Honorable j. Granger ~acfarlane Member, Senate of Virginia P. O. Box 201 Roanoke, Virginia 24002 Dear Senator Macfarlane: I am enclosing copy of Resolution No. 30179-81390 supporting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for chari- table and cultural purposes on a no~-profit basis, and memorializing a certain agreement between Showtimers of Roanoke Valley, Inc., and the City. Resolution No. 30179-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990, and shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Eno. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #79-169 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing copy of Resolution No. 30179-81390 supporting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for chari- table and cultural purposes on a non-profit basis, and memorializing a certain agreement between Showtimers of Roanoke Valley, Inc., and the City. Resolution No. 30179-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990, and shall be in full force aha effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, City Clerk MFP:sw Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 15, 1990 File #79-169 The Honorable Clifton A. ~oodrum, Member, House of Delegates P. 0. Box 1371 Roanoke, Virginia 24007 III Dear Delegate Woodrum: I am enclosing copy of Resolution No. 30179-81390 supporting tax exemption of property owned by Showtimers of Roanoke Valley, Inc., in the City of Roanoke used by it exclusively for chari- table and cultural purposes on a non-profit basis, and memorializing a certain agreement between Showtimers of Roanoke Valley, Inc., and the City. Resolution No. 30179-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monaay, August 13. 1990, and shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, ~/~ ~4ary F. Parker. C~IC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Roanoke, Virginia August 13, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia 14011 Dear Mayor and Members of Council: Subject: Request for Exemption from Taxation - Showtimers of Roanoke Valley, Inc. I. BACKGROUND mo Exemption from local real estate taxation for non-profit organiza- tions/associations requires General Assembly action pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia. Resolution of support or evidence of refusal of support by the local governing body is required prior to General Assembly consideration of any such request per Section 30-19.04(A), Code of Virginia (1950), as amended. Co Adoption of the required resolution can only occur after holding a public hearing where citizens have an opportunity to be heard (Section 30-19.04 (B), Code of Virginia (1950), as amended). II. CURRENT SITUATION Petition requesting that City Council pass a resolution supporting exemption from taxation of property located at 1431McVitty Road, S.W. was filed with City Council by Showtimers of Roanoke Valley, Inc. Study, report, and recommendation regarding this request was asked of City Manager and City Attorney. III. ISSUES as they relate to this request are as follows: A. Compliance with State Code Requirements B. Tax Revenue Loss C. Property Reuse Potential D. Disposition of Previous Requests E. Value of Existing Use to Quality of Lifp F. Future Requests IV. ALTERNATIVES as they relate to this request are as follows: Approve a resolution of support as requested by petitioner; however, include provision that petitioner pay an annual service charge equal to five (5) percent of the City's real property tax levies which would be otherwise applicable. VIRGINIA: IN THE COUNCIL OF THE CIT.~qO~ R~A~NOKE:.1 RE: PETITION FOR A RESOLUTION SUPPORTING TEE EXEMPTION FROM REAL ESTATE TAXATION OF TEE PROPERTY OF SHOWTIMERS OF ROANOKE VALLEY, INC., PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF TSE 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 real property located at 1431 McVitty Road S.W. in the City of Roanoke and more particularly described in that certain deed (attached) recorded among the deedbooks of the Clerk's Office of the Circuit Court for the City of Roanoke, at deed book 1606, page 266. 2. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the Code of Virginia of 1950, as amended, in order that the aforesaid real property and any personal property belonging to said corporation, and used sxclusively for charitable purposes in responding to the cultural 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-foE-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 Section 501 (c)(3) of the Internal Revenue Code, as a charitable institution. See attached letter from the Internal Revenue 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 provided by your Petitioner is generated by funds services 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 oldest active 6. Whether organization attempting to participates behalf nearly 40 years, making your Petitioner one of the community theatres in the Commonwealth. a substantial part of the activities of the involves carrying on propaganda{ or otherwise influence legislation and whether the organization in, or intervenes in, any political campaign on of any candidate for public office? 3 (A). Your legislation for public office. 7. No rule, regulation, policy or practice of the discriminates on the basis of religious conviction, 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. Petitioner is not involved in propaganda, influencing or any political campaign on behalf of any candidate organization race, color, 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 929 Mountain View Terr. S.W. Roanoke, Virginia 24015 (703) 344-2088 5 § 30-19.04 GENERAL ASSEMBLy 1940, p. 363; § 30-19.0,1 192.) 1952, c. 234; 1960, c. 147; 1973, cc. 242, 322; 1984, c. 703; 1987, c. The 1987 amendment inserted "reconvened . ~even any "i ~,,r~ nays ' for ~e filing ~ ~ a~ the end of ~e ~ e~nd~ until ~rst sen~n~, ~d re~ the ~nd ~n- days ~r any such se~ion.,, $ 30-19.~. Le~sla~ve desi~a~on of associa~ . be exemp~ .~e~any le~slation involv~ o~,~oc~ gove~ b~°ns, Commit~e of th~ ~ YT"¥~ snail result. ~e o[the ~neral ~ the re uir = ~e~slatio~, a ra~ah,~;- -? prior ~o co~id~---. ~ ~2~ents of subsection ~ ~_~q--~,on aaopt~ i- ~ -Lq~a~°n oy the exemption or ev/defZ~ ~' ~ I~Sl[ua~ sU~o~4~uY ~I rae COUnt c' g em~n hod ~aland ' sm ~su and the ~,w~Y.°fs~c~ ~unty. city ,, ,~. t~ely request h~ ~- P~ SUch re,sod ~ ~d~!~Y thereofh~J~?~e adoption The resolution, on the uest or o , ~o~lc nearin · ~ ~eC~lO~ A 8h ~Ppo~umty to be h~.-~g~th, respect there~ ~....?1.~, ~dop~ only ~-~ gove~ing bod~ =[~ ~X~mpt~on. Before ~_LT. -~m ~ne org~i~ti.. 1. ~ether th~ ~"?~ cp~der the foll~.~"~p~mg ~Y such resoh,~[~ of the In~ ~ ~'~at~on is e ~.,,~g question. · '. ,. a C~en/ --- · . ~ s O01(c) m exce~ of a r~i~r o~ Omar of the ~r~ ..... PersOn~ ~ . ~u~u~le allowan~ fi ~u~auon Is paid ~ · ~ ~_~l~s which such ~--. or sa]~es or ot~ .... ~Pe~satio~ ~-' ~,~mer ~y v~ ofth~"_~~r or O~cer o*, "~' compe~tion for o~nenr or any ina;~ia. , ---~.uer e~in~ of=,,o~a~o~ly renders; pro~d~ by ~uo~:-~"u9~' ~nd whe~er =' .--~a org~tion inu contrib ~12~ ~" yrgamzatmn is ~ n~,~?~fi~nt ~i - ~e ,~s to the --d-~na or other m.,~t°vmmg of~onal =~2 m mis sub~ion' s mr the ~mmon go~ of the public; 6. ~ether a subst~tial p~ of the act' ' · ~ ~ropag~nda, or othe~ise att~]es of the organizatio · cam~ g~za~ion P~cipates [~--~mg ~ influence ]e~s~ff°lve~ · %~a~ oasm of reli~o~ ~o~!L?r practice of the or~22~ -. deems Pe~ment to the' ado-*~ ..... S~ces W~c~ ,~- n~n, and 144 § 30-19.05 C. Any resoh the provisions o governing body. shall also inclu~ classification (~ or public Park D. The enact~ by designation ~ of this section h The 1987 am;end X, Section 6 (a) Virginia" for beginn/ng of sub~ second sentence of § 30-19.05. L~ sales and Uee exclusion from ti et seq.) of Title chairman of th~ consideration of information: 1. Estimate of result of the ext 2. Benefici~rie 3. Direct or in. by the person 4. The extent from the retail[ 5. Any exterm the exemption; 6. Other state subject; 7. Similar tax1 exeml~tion; and 8. Other criter re~[uest for exem B. Nothing con exem. l~tion withoc specincally reque~ .a nature that the m not required. C. The Secrets economic and poli of this Code. The Finance Committ exemption catego~ with the 1990 schedule: Category 1. Governmen~ 2, Agricultural 3. Commercial 4. Educational 5. Services ~ 30-19.04 :2; 1984, c. 703; 1987, e. lerly read "The petted re- ute or rule for the filing of he performance of any art ail be extended until thirty :one, organ/zations ,~ove ' , .'n ..__r~m~g body re- , anon o~ property to ction 6 (a) (6) of the ~e General Assembly, consideration by the accordance with the ,f the County, city or uSing to support such has been made to the on of such resolution request or. otherwise adopted only after tizens shall have au ~ublish notice of the county, city or town all not be held until ~Ws?aper. The local m the organization ~ny such resolution ~rsuant to § 501 (c) ense for serving ~ge Control Board ,aid compensation COmpensation for renders; ~tion inures to the 'tion of the service ed from donations, n this subsection, ,r the contribution mmon good of the mization involves ~e legislation and in, any political ion discriminates tonal origin; and ~ governing body § 30-19.05 GENERAL ASSEMBLY AND OFFICERS THEREOF § 30-19.05 C. Any.resolution adopted pursuant to this section . t~hoSeP~i~'~o~n~s of.s~u~sect,on Shave been examined andSchoanll~,~a~jt~he .r?" that ~ ,, "s oouy. hr me county, cit~, or to ......... -o;uereu oy the local shall also include a recommendation ~',-2~_-~_or~s e,x?mpt~on the resolution .... . ~ ~-~ ~enera~ assembly for a specific clasmficatmn (rehgious, charitable, patriotic, historical, benevolent, cultural orpublic park and playground). D. The enactment of any statute exempting an or b~(.d~e, signatton as provided herein shall be conc~--:- gan~a~ion from taxation · ,~o~ve Prooltnat the provisions o~rms section have been satisfied. (1980, c. 327; 1987, c 338; 1988, c 257 ) Th® 1987 amendment substituted "Article The 1988 ~mendment added the second X, Section 6 (a) (6) of the Constitution of through fourth sentences in the intredUrtory Virginia" for "Article X, § 6 (a) (6)" near the language of sub~ection B. beginning of subsection A and added the second sentence of subsection C. ~ 30-19.05. Legislative consideration of exe · sa~es aha use tax. -- A ur~ ........ mptions from the exclusion from the ~+~' ~._;_,_~,~,, ,~ay legislation involving an e,t s.eq.) of Title 58.1 is referred to a com,~P~ ..... ,t to_Chapter.6 (§ 58.1-600 cnm.r~, an of the commi tee s -,..,~ oz me Lieneral Aseembl the .co~ns~deration of the le~slatiohnal~l_re, q~_u~re that., the p.atron, prior ~' the lmormation: o- ~,y ~ne committee, suomit the following 1. Estimate of state and local revenues which will be foregone as a direct result of the exemption; 2. Beneficiaries of the exemption; 3. Direct or indirect local, state or federal government assistance received by the person seeking exemption; 4. The extent to which the person, pro erty, service or industry is exempt from the retail sales and use tax in ot~eer states; 5. Any external statutory, constitutional or judicial mandates in favor of the exemption; 6. Other state taxes to which the subject; person, property, service or industry is 7. Similar taxpayers who are not entitled to a retail Sales and use tax exeml?tion; and 8. Other criteria, facts or circumstances which may be relevant to the request for exemption· B. Nothing contained in subsection A shall Prevent the enactm exem.~tio..n without receipt of the re-uired i-~ ....... ent of an spec~ncatlv recmestod bv the Gov-L77 , ,a?,rma~.~on wne. n~ ~l~e legislation is a nature t~at t~e chai~an -~,~-~J~°-r' o.r, .xs o~,ne.r~ri~ considered to be of such ~-~,~ ~omml~ee ae~ermlnes that the information is not required. C. The Secretary of Finance shall investigate and analyze the fiscal, economic and POlicy impact of each exemption cate o set o o~f. this Code. The Secre~,-~ short ~,~,+ ..... g ry ut in § 58.1-608 ~mance Coramittees ~'a-~ ,,~ '~--~-,~ ~ne [mmngs to the House and Senate . · . ~ , oy ~ecemoer 1, and shall report on two ~v~'~nPt~ie°~e~s~'~neao~htl~ee~e~?a~srY~e years t.hereafler, be 'nning schedule, bty according to the ~o~wing Category 1. Government and Commodities Year 2. Agricultural 1990 3. Commercial and Industrial 1990 4. Educational 1991 5. Services 1991 1992 145 ROANOKE TI~ES & WOELO-NEwS ~q NUMBER 80123099 PUBLISHER'S FEE - CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL 8LDG ROANOKE VA 2~OIi STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PU8LISHEO IN ROANOKE9 IN THE STATE OF VIRGINIA, O0 CERTIFY THAT THE ANNEXED NOTICE WAS PU6LISHEO IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/03/90 MORNING WITNESS, T~ES"~..-~TH DAY OF AU,GUST 1990 AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT ~IAY CONCERN: Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on August 13, 1990, at 7:30 p.m., or as soon thereafter as the matter m~y be heard, in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, Roanoke, Virginia, on the question of adoption of a resolu- tion pursuant to $30-19.04, Code of Virginia (1950), as amended, on a request of Showtimers of Roanoke Valley, Inc., for a designation of property to be exempted from taxation. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 3rd day of August , 1990. Mary F. Parker, City Clerk Please publish in full once in the Roanoke Times and World News, Morning Edition on Friday, August 3, 1990. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 R(~NOKE TI~ES ~ ~GRLO-NE~S ~ NUMBER - 80123099 PUBLISHER'S FEE - $36°00 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE VA 24011 STATE OF VIRGINIA CITY CF ROANOKE AFFIDAVIT CF PUBLICATION I~ (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES ~ WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 08/0~/90 MORNING WITNESS, .~L~,.~S~,~6TH.DAY OF AUGUST 1990 .......... ..... AUtHORiZED S ATUR[ Office of tl~ City Clerk August 15, 1990 File #46?-53 Mr. Richard L. Kelley Executive for Business Affairs and Clerk of ~he Board P. 0. Box 13105 Roanoke, Virginia 24031 Dear Mr. Kelley: I am enclosing copy of Ordinance No. 30180-81390, for presen- tation to the School Board, authorizing the issuance of not to exceed $1,000,~00.0~ General Obligation School Bonds, Series 1990, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof; and repealing Ordinance No. 30136. Ordinance No. 30180-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Hr. Joel M. Schlanger, Director of Finance The Honorable Gordon E. Peters, City Treasurer Mr. James M. Turner, Jr., Chairman, Roanoke Board, P. O. Box 1689, Salem, Virginia 24153 Dr. Frank P. Tota, Superintendent of Schools, 13145, Roanoke, Virginia 24031 City P. School O. Box Room 456 Municipal Building 215 Chumh Avenue, S.W, Roanc ~ia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #467-53 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Grdinance No. 30180-81390, for filing with the Circuit Court of the City, authorizing the issuance of not to exceed $1,000,000.00 General Obligation School Bonds, Series 1990, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof; aad repealing Ordinance No. 30136. Ordinance No. 30180-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~_ Mary F. Parker, CMC/AAE City Cleric MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30180-81390. AN ORDINANCE authorizing the issuance of not to exceed $1,000,000 General Obligation School Bonds, Series 1990, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof; repealing Ordinance #30136; and providing for an emergency. WHEREAS, in September, 1989, the School Board of the City of Roanoke, Virginia (the "School Board") obtained a commitment (the "Commitment") from the Commonwealth of Virginia Board of Education (the "Board of Education") for a loan of $1,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia and _ dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"); WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligations of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1990 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay to the City a lump sum cash payment equal to the net present M#828 value difference, determined on the date the VPSA sells its bonds, between the interest rate that the Literary Fund Obligation would have borne and the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA (the "Lump Sum Cash Payment"); WHEREAS, The Council of the City of Roanoke (the "Council") has determined that it is necessary and expedient to borrow an amount not to exceed $1,000,000 and to issue its general obligation school bonds for the financing of certain capital projects for school purposes; WHEREAS, the Council adopted Ordinance No. 30136 on July 9, 1990, authorizing such borrowing, the issuance of bonds, and the form and details of such bonds; WHEREAS, the VPSA has requested certain changes in the provisions to be included in such bonds; WHEREAS, the City held a public hearing, on August 13, 1990, on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia of 1950, as amended (the "Virginia Code"); NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell general obligation bonds in an aggregate amount not to exceed $1,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Ordinance. The Council hereby authorizes the City's participation in the Program. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the City to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Ordinance and for the City to accept the Lump Sum Cash Payment from the Board of Education. The Mayor, or in his absence or disability the Vice Mayor, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA (the "Bond Sale Agreement") and to accept the Lump Sum Cash Payment M#828 2 from the Board of Education. Ail prior acts of the Mayor in connection with the execution and delivery of the Bond Sale Agreement on behalf of the City pursuant to authorization of this Council on July 9, 1990 are hereby ratified, approved and confirmed. The actual principal amount of the Bonds shall be established in accordance with the Program but shall not exceed $1,000,000. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof, shall.be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1990"; shall bear interest payable semi- annually on July 15 and January 15 (each an "Interest Payment Date"), beginning January 15, 1991, at the rate or rates established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts as designated by VPSA and approved by the Mayor, or in his absence or disability the Vice Mayor. 4. Interest Rates. The Mayor, or in his absence or disability the Vice Mayor, is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate or rates shall be more than ten one-hundredths of one percent (10/100 of 1%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"), the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate or rates on the Bonds shall exceed nine percent (9%) per annum; and the execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence the same as having been approved and authorized by this Ordinance. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the City shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 or any integral multiple, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Paying Agent and Reqistrar. The following provisions shall apply: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and M#828 3 interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date and Principal Payment Date. (b) Ail overdue payments of principal or interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) The Director of Finance, in accordance with the City's Procurement Code, is authorized and directed to appoint and employ a bank or trust company qualified to serve and acceptable to VPSA to serve as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The principal installments of the Bond held by the VPSA coming due on or before July 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of the Bonds held by the VPSA coming due after July 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2000, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2000, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid and the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment of redemption: Redemption Dates Redemption Prices July 15, 2000 to July 14, 2001, inclusive .... 103% July 15, 2001 to July 14, 2002, inclusive .... 102% July 15, 2002 to July 14, 2003, inclusive .... 101% July 15, 2003 and thereafter .................. 100%; Provided, however, that while the VPSA is the registered owner of the Bonds.t~e Cl~y shall not call the Bonds for prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered M#828 4 mail not more than ninety (90) and not less than thirty (30) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Mayor, or in his absence or disability the Vice Mayor, and the Clerk or any Deputy Clerk of the Council are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $1,000,000 and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and- amount and in addition to all other taxes authorized to be levied in the City. 10. School Board Approval. The Clerk of the Council is hereby authorized and directed to cause a certified copy of this Ordinance to be presented to the School Board of the City. The Bonds hereby authorized shall not be issued by the Council until the School Board of the City shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 11. Use of Proceeds Certificate. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Council covenants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and that the~ City shall comply with the other covenants and representations contained therein. Furthermore, the Council covenants on behalf of the City that the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. M#828 5 12. State Non-Arbitraqe Program; Proceeds Aqreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the Treasurer of the City to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 13. Filinq of Resolution and Publication of Notice. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the City and, within ten (10) days thereafter, to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 14. Further Actions. Each member of the Council and all other officers, employees and agents of the City are hereby authorized to take such action as they~or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Repeal of Prior Ordinance. Ordinance No. 30136, adopted July 9, 1990, is hereby repealed in its entirety, but repeal shall not affect the validity of the Mayor's execution and delivery of the Bond Sale Agreement authorized by such ordinance. 16. Emerqency; Effective Date. The Council hereby determines, in its discretion pursuant to Section 13 of the Charter of the City of Roanoke, that this Ordinance is an emergency measure, immediately necessary to secure financing of the Project and thereby preserve the public peace, property, health or safety, VPSA having required the City to deliver a Bond Sale Agreement on July 10, 1990. This Ordinance shall take effect immediately. Attest: City Clerk. M#828 6 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1990 The City of Roanoke, Virginia (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of , in annual installments on July 15 of the years (each a "Principal Payment Date"), together with interest on the unpaid installments at the annual rates set forth below from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on January 15, 1991, and semi-annually thereafter on July 15 and January 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as set forth as follows: M#987 Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1991 $ % 2001 1992 2002 1993 2003 1994 2004 1995 2005 1996 2006 1997 2007 1998 2008 1999 2009 2000 2010 $ % Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, the Bond Registrar shall make all payments of principal of, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the application Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgement of the receipt thereof shall be given promptly.to the Bond Registrar, and the City shall be fully discharged of its M#987 2 obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia of 1950, as amended, an ordinance duly adopted by the Council of the City of Roanoke on August 13, 1990 and a resolution of the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denomination of $5,000 or any integral multiple thereof. This Bond is registered in the name of Virginia Public School Authority as to both principal and interest on books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only M#987 3 upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered as to both principal and interest on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond while held by the Virginia Public School Authority coming due on or before July 15, 2000, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2000, and the definitive Bonds for which this Bond may be exchanged, that mature after July 15, 2000, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2000, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: July 15, 2000 to July..14,. 20.01, inclusive .... 103% July 15, 2001 to July 14, 2002, inclusive .... 102% July 15, 2002 to July 14, 2003, inclusive .... 101% July 15, 2003 and thereafter ................. 100%; M#987 4 Provided, however, that while the Virginia Public School Authority is the registered owner of this Bond or the definitive Bonds for which this Bond may be exchanged, this Bond, or the definitive Bonds for which this Bond may be exchanged, respectively, shall not be subject to redemption prior to stated maturity without first obtaining the written consent of the Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) days and not less than thirty (30) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia, and provision has been made for the levy and collection of an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due which tax shall be without limitation as to rate and amount M#987 5 and shall be in addition to all other taxes authorized to be levied in the City. IN WITNESS WHEREOF, the Council of the City of Roanoke has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1990. (SEAL) ATTEST: CITY OF ROANOKE, VIRGINIA Clerk, Council of the City of Roanoke, Virginia Mayor, City of Roanoke, Virginia M#987 6 Emanuel C Edwards Velma B. Self Thomas L O~r :: Rank P. Tol:a, SupeHntendenl: Finn D. Plnc~ ~' fllcha~ L Kelley, Clel, k of the Board '~l James M. Turn~, Jr., Chairman Sallye T. Coleman, ~lce Chairman Marllyn C. Curtis ff - 8oanok City School Board P.O Box 13105, Roanoke, Virginia 24.031 · 703-981-~381 August 2, 1990 The Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: At its meeting on July 9, 1990, the Roanoke City Council adopted an ordinance approving the participation of Roanoke City in the VPSA bond sale for financing the renovation of Oakland Ele- mentary School. After approval of the ordinance, VPSA has made several technical changes in the bond sale procedures, most notably a change in the bond redemption dates. Consequently, the Roanoke City School Board, upon recommenda- tion of bond counsel, requests that Roanoke City Council approve a new ordinance that reflects these changes in the VPSA bond sale procedures. Sincerely, Richard L Kelley Clerk of the Board and Executive for Business Affairs jn Mr. James M. Turner, Jr. Dr. Frank Po Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger Mr. James B. Massey, III, Bond Counsel Excellence in Education Emanuel C Edwards Velma B. Self Thomas t. Orr . Ffonk P. Tota, Sup~'lntendent Ann D~.~l~cus Richard L Kelley, Clerk of the Board '~t James NL Turner, Jr., Chairman Sallye T. Coleman, Vice Chairman Nk~lyn C. Cu~ls ~-Roanoke City School Boord P.O Box 13105, Roanoke. Virginia 24031 · 703-981-2381 August 2, 1990 Mrs. Mary F. Parker City Clerk 456 Municipal Building Roanoke, VA 24011 Dear Mrs. Parker: Please place the enclosed request on City CounciHs agenda for August 13. The City Attorney's office has the ordinance referred to in the request. Sincerely, Richard I... ey Clerk of the Board and Executive for Business ^flairs jn Eric o Excellence in Education NOTICE OF PUBLIC HEARING ON PROPOSED BOND FINANCING BY THE CITY OF ROANOKE, VIRGINIA Notice is hereby given that the Council of the City of Roanoke, Virginia (the "Council") will hold a public hearing, which may be continued or adjourned, as required by ~15.1-171.1 and § 15.1-504 of the Code of Virginia of 1950, as amended, at 7:30 p.m. on August 13, 1990, at the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, in connection with the intention of the Council to consider for passage an ordinance approving the issuance by the City of its general obligation bond or bonds in an amount not to exceed $1,000,000.00 (the "Bonds") for the purpose of financing in part the costs of construction, renovation and expansion of school buildings in the City of Roanoke. Any citizen interested in the issuance of the Bonds may appear and be heard. A copy of the full text of the proposed ordinance is on file in the Office of the Clerk of the Council of the City of Roanoke. Given under my hand and seal this __ day of July, 1990. Mary F. Parker City Clerk Roanoke, Virginia Note to Publisher: Please publish once in the ~ording ~dition on 'July 23, 1990, and once in the morning edition on July 30, 1990. Send Certificate of Publication and bill to: Mary F. Parker, City Clerk ~6 M~nicXpal. B~il~g%~ anoKe, vmrgLr~a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE authorizing the issuance of not to exceed $1,000,000 General Obligation School Bonds, Series 1990, of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof; repealing Ordinance #30136; and providing for an emergency. WHEREAS, in September, !989, the School Board of the City of Roanoke, Virginia (the "School Board") obtained a commitment (the "Commitment") from the Commonwealth of Virginia Board of Education (the "Board of Education") for a loan of $1,000,000 (the "Literary Fund Loan") from the Literary Fund, a permanent trust fund established by the Constitution of Virginia and dedicated to the support of public education in the Commonwealth of Virginia (the "Literary Fund"), for the construction, renovation and expansion of school buildings (the "Project") in the City of Roanoke, Virginia (the "City"); WHEREAS, the Board of Education was to have given advances on the Literary Fund Loan to the School Board, as construction or renovation of the Project progressed, in exchange for temporary notes from the School Board to the Literary Fund (the "Temporary Notes") for the amounts so advanced; WHEREAS, after the completion of the Project and the advance of the total amount of the Commitment, the Temporary Notes were to have been consolidated into a permanent loan note of the School Board to the Literary Fund (the "Literary Fund Obligation") which was to evidence the obligations of the School Board to repay the Literary Fund Loan; WHEREAS, the Literary Fund Obligation was to have borne interest at four percent (4%) per annum and mature in annual installments for a period of twenty (20) years; WHEREAS, in connection with the 1990 Interest Rate Subsidy Program (the "Program"), the Virginia Public School Authority (the "VPSA") has offered to purchase general obligation school bonds of the City, and the Board of Education has offered to pay to the City a lump sum cash payment equal to the net present M#828 value difference, determined on the date the VPSA sells its bonds, between the interest rate that the Literary Fund Obligation would have borne and the interest rate that the general obligation school bonds of the City will bear upon sale to the VPSA (the "Lump Sum Cash Payment"); WHEREAS, The Council of the City of Roanoke (the "Council") has determined that it is necessary and expedient to borrow an amount not to exceed $1,000,000 and to issue its general obligation school bonds for the financing of certain capital projects for school purposes; WHEREAS, the Council adopted Ordinance No. 30136 on July 9, 1990, authorizing such borrowing, the issuance of bonds, and the form and details of such bonds; WHEREAS, the VPSA has requested certain changes in the provisions to be included in such bonds; WHEREAS, the City held a public hearing, on August 13, 1990, on the issuance of the Bonds (as defined below) in accordance with the requirements of Sections 15.1-171.1 and 15.1-504, Code of Virginia of 1950, as amended (the "Virginia Code"); NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Council hereby determines that it is advisable to contract a debt and issue and sell general obligation bonds in an aggregate amount not to exceed $1,000,000 (the "Bonds") for the purpose of financing certain capital projects for school purposes. The Council hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Ordinance. The Council hereby authorizes the City's participation in the Program. 2. Sale of the Bonds. It is determined to be in the best interest of the City to accept the offer of the VPSA and the Board of Education for the VPSA to purchase, and the City to sell to the VPSA, the Bonds at par upon the terms established pursuant to this Ordinance and for the City to accept the Lump Sum Cash Payment from the Board of Education. The Mayor, or in his absence or disability the Vice Mayor, and such officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA (the "Bond Sale Agreement") and to accept the Lump Sum Cash Payment M#828 2 from the Board of Education. Ail prior acts of the Mayor in connection with the execution and delivery of the Bond Sale Agreement on behalf of the City pursuant to authorization of this Council on July 9, 1990 are hereby ratified, approved and confirmed. The actual principal amount of the Bonds shall be established in accordance with the Program but shall not exceed $1,000,000. 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof, shallbe dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1990"; shall bear interest payable semi- annually on July 15 and January 15 (each an "Interest Payment Date"), beginning January 15, 1991, at the rate or rates established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts as designated by VPSA and approved by the Mayor, or in his absence or disability the Vice Mayor. 4. Interest Rates. The Mayor, or in his absence or disability the Vice Mayor, is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate or rates shall be more than ten one-hundredths of one percent (10/100 of 1%) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA (the "VPSA Bonds"), the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate or rates on the Bonds shall exceed nine percent (9%) per annum; and the execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence the same as having been approved and authorized by this Ordinance. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty (20) days written notice from the VPSA, the City shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 or any integral multiple, as requested by the VPSA, in exchange for the temporary typewritten Bond. 6. Payment; Payinq Aqent and Registrar. The following provisions shall apply: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and M#828 3 interest on the Bonds shall be made in immediately available funds to the VPSA at or before 11:00 a.m. on the applicable Interest Payment Date and Principal Payment Date, or if such date is not a business date for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date and Principal Payment Date. (b) All bear interest Bonds. overdue payments of principal or interest shall at the applicable interest rate or rates on the (c) The Director of Finance, in accordance with the City's Procurement Code, is authorized and directed to appoint and employ a bank or trust company qualified to serve and acceptable to VPSA to serve as Bond Registrar and Paying Agent for the Bonds. 7. Prepayment or Redemption. The principal installments of the Bond held by the VPSA coming due on or before July 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of the Bonds held by the VPSA coming due after July 15, 2000, or the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2000, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2000, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid and the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment of redemption: Redemption Dates Redemption Prices July 15, 2000 to July 14, 2001, inclusive .... 103% July 15, 2001 to July 14, 2002, inclusive .... 102% July 15, 2002 to July 14, 2003, inclusive .... 101% July 15, 2003 and thereafter .................. 100%; Provided, however, that while the VPSA is the registered owner of the Bonds.t~e City shall not call the Bonds for prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the VPSA. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered M#828 4 mail not more than ninety (90) and not less than thirty (30) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Mayor, or in his absence or disability the Vice Mayor, and the Clerk or any Deputy Clerk of th9 Council are authorized and directed to execute and deliver the Bonds in an aggregate principal amount not to exceed $1,000,000 and to affix the seal of the City thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to -- local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the City. 10. School Board Approval. The Clerk of the Council is hereby authorized and directed to cause a certified copy of this Ordinance to be presented to the School Board of the City. The Bonds hereby authorized shall not be issued by the Council until the School Board of the City shall have adopted an appropriate resolution consenting to the issuance of the Bonds. 11. Use of Proceeds Certificate. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute a Use of Proceeds Certificate setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds or on the VPSA Bonds. The Council covenants on behalf of the City that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Use of Proceeds Certificate and that the~. City shall comply with the other covenants and representations contained therein. Furthermore, the Council covenants on behalf of the City that the City shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. M#828 5 12. State Non-Arbitrage Program~ Proceeds Agreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the Treasurer of the City to participate in the State Non-Arbitrage Program in connection with the Bonds. The Mayor, or in his absence or disability the Vice Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the City, the other participants in the sale of the VPSA Bonds, the VPSA, Public Financial Management, Inc., as investment manager, and Central Fidelity Bank, as depository. 13. Filing of Resolution and Publication of Notice. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Ordinance to be filed with the Circuit Court of the City and, within ten (10) days thereafter, to cause to be published once in a newspaper having general circulation in the City a notice setting forth (a) in brief and general terms the purposes for which the Bonds are to be issued and (b) the amount of the Bonds. 14. Further Actions. Each member of the Council and all other officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Repeal of Prior Ordinance. Ordinance No. 30136, adopted July 9, 1990, is hereby repealed in its entirety, but repeal shall not affect the validity of the Mayor's execution and delivery of the Bond Sale Agreement authorized by such ordinance. 16. Emergency; Effective Date. The Council hereby determines, in its discretion pursuant to Section 13 of the Charter of the City of Roanoke, that this Ordinance is an emergency measure, immediately necessary to secure financing of the Project and thereby preserve the public peace, property, health or safety, VPSA having required the City to deliver a Bond Sale Agreement on July 10, 1990. This Ordinance shall take effect immediately. Attest: City Clerk. M#828 6 EXHIBIT A (FORM OF TEMPORARY BOND) NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA City of Roanoke General Obligation School Bond Series 1990 The City of Roanoke, Virginia (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of , in annual installments on July 15 of the years (each a "Principal Payment Date"), together with interest on the unpaid installments at the annual rates set forth below from the date of this Bond until payment of the principal sum hereof, such interest to be payable commencing on January 15, 1991, and semi-annually thereafter on July 15 and January 15 of each year (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), as set forth as follows: M#987 Year of Principal Interest Year of Principal Interest Maturity Amount Rate Maturity Amount Rate 1991 $ % 2001 1992 2002 1993 2003 1994 2004 1995 2005 1996 2006 1997 2007 1998 2008 1999 2009 2000 2010 $ % Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, the Bond Registrar shall make all payments of principal of, premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the application Payment Date. If a Payment Date is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal of, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next preceding the scheduled Payment Date. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgement of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its M#987 2 obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this Bond. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act, Chapter 5, Title 15.1, Code of Virginia of 1950, as amended, an ordinance duly adopted by the Council of the City of Roanoke on August 13, 1990 and a resolution of the School Board of the City to provide funds for capital projects for school purposes. This Bond may be exchanged without cost at the office of the Bond Registrar for an equal aggregate principal amount of bonds in definitive form having maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid, issuable in fully registered form in the denomination of $5,000 or any integral multiple thereof. This Bond is registered in the name of Virginia Public School Authority as to both principal and interest on books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only M#987 3 upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered as to both principal and interest on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond while held by the Virginia Public School Authority coming due on or before July 15, 2000, and the definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2000, are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2000, and the definitive Bonds for which this Bond may be exchanged, that mature after July 15, 2000, are subject to prepayment or redemption at the option of the City prior to their stated maturities in whole or in part, on any date on or after July 15, 2000, upon payment of the prepayment or redemption prices (expressed as percentages of principal installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: July 15, July 15, July 15, July 15, 2000 to July-.14~. 20.01, inclusive .... 103% 2001 to July 14, 2002, inclusive .... 102% 2002 to July 14, 2003, inclusive .... 101% 2003 and thereafter ................. 100%; M#987 4 Provided, however, that while the Virginia Public School Authority is the registered owner of this Bond or the definitive Bonds for which this Bond may be exchanged, this Bond, or the definitive Bonds for which this Bond may be exchanged, respectively, shall not be subject to redemption prior to stated maturity without first obtaining the written consent of the Virginia Public School Authority. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) days and not less than thirty (30) days before the date fixed for prepayment or redemption. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia, and provision has been made for the levy and collection of an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest on this Bond as the same shall become due which tax shall be without limitation as to rate and amount M#987 5 and shall be in addition to all other taxes authorized to be levied in the City. IN WITNESS WHEREOF, the Council of the City of Roanoke has cause~ this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 1990. (SEAL) ATTEST: CITY OF ROANOKE, VIRGINIA Clerk, Council of the City of Roanoke, Virginia Mayor, City of Roanoke, Virginia M#987 6 ROANOKE TINES & WORLO-NEWS ~q NUMBER - 72016859 PUBLISHER'S FEE - $97.20 CITY OF ROANOKE C/O MARY F PARKEA CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES OZ/Z3/~D MORNING 0~/30/90 MO.NIN~ wITNESS, T~I~"~ST BA~ OF JULY ........... ..... AOTHORIZEO SIGNATURE NO'rlC~ C~ ~I~.IC HIgh.rulING ON ~md b~ INlfd. A c~Y ~ theI Office of theMayor August 13, 1990 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, cow~nissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950~. Sincerely, Noel C. Ta2 Mayor NCT: sw Room 452 Municipal Building 215 Church Avenue, $.W. Roanoke, Virginia 24011 ~'703) 981-2444 August 10, 1990 The Honorable Mayor and Members of City Council Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of an economic development contract pursuant to Section 2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Nary F. Parker, City Clerk Office of the City Clerk August 15, 1990 File #200-249 Ms. Susan S. Goode 2344 Woodcliff Road, S. E. Roanoke, Virginia 24014 Dear Ms. Goode: Your communication tendering your resignation as a member of the City Planning Commission and the Architectural Review Board, effective August 15, 1990, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On motion, duly seconded and adopted, the communication was received and filed and the resignations were accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Planning Commission and the Architectural Review Board. Please find enclosed Certificates of Appreciation issued by the ~yor on behalf of the Members of City Council. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Michael M. ~aldvogel, Chairman. Roanoke City Planning Commission, 3526 Penarth Road, S. W., Roanoke, Virginia 24011 ~r. W. L. ~hitwell, Chairman, Architectural Review Board, 1255 Keffield Street, N. W., Roanoke, Virginia 24019 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Evelyn S. Gunter, Secretary, Architectural Review Board Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 2344 Woodcliff Road, S.E. Roanoke, Virginia 24014 July 17, 1990 The Honorable Noel C. Taylor Mrs. Elizabeth Bowles Mr. David Bowers Mr. William White Mr. James Harvey Mr. Howard Musser Mr. Beverly Fitzpatrick, Jr. 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mayor Taylor, Mrs. Bowles, Councilmen: It is with regret I must resign from my positions on the City Planning Commission and the Architectural Review Board. My husband and I will be moving to Norfolk, Virginia in late August; therefore, I wish my resignation to take effect as of August 15, 1990. I have greatly enjoyed working with the city personnel and my fellow board members, and will miss my close association with Roanoke. I have been fortunate to have served on these boards at a time when great strides have been made in planning in the city. Thank you for having given me that opportunity. If there is any way I can be of help in the future, please let me know. Even though I will be leaving Roanoke, I will continue to follow its progress with interest. cc: Mr. W. Robert Herbert Roanoke City Manager 215 Church Avenue, S. W. Roanoke, Virginia 24011 Mr. John Marlles Director of Planning 215 Church Avenue, S. W. Roanoke, Virginia 24011 Sincerely yours, Susan Goode Office of the City Clerk August 15, 19~ File #467 Mr. E. Clabon Edwards 119 Wells Avenue, N. ~. Roanoke, Virginia 24~12 Dear Hr. Edwards: Your communication tendering your resignation as a Trustee of the Roanoke City School Board, effective September 10, 1990, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of RoanoKe as a member of the School Board. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. MFP:ra Enc. pc: Sincerely, ~~ Mary F. Par~er, CMC/AAE City Clerk Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, P. O. Box 1689, Salem, Virginia. 24153 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 F-MANUEL (~LABON EDWARDS (703) 344-1715 August 7, 1990 The Honorable Mayor Noel C. Taylor 2460 Grandin Road, S.W. Roanoke, Va. 24015 Dear Mayor Taylor: Please be advised that I must resign my appointment as School Trustee, effective September 10, 1990 or upon the earlier appointment of a person to fill my unexpired term. I have been selected for the position of Administrative Law Judge, with the Social Security Administration, Office of Hearings and Appeals. My duty station will be Greensboro, North Carolina, but I will maintain my residence in Roanoke. Federal law, however, prohi- bits certain political activities by federal employees. I will be sworn into this new position on September 10, 1990. My brief tenure on the Roanoke City School Board has been enjoyable. The school administration seems to be populated by competent, well-motivated professionals. The School Board, when it's members move beyond pe~sona] ~ecriminations, functions well. With the prospects of tightened state financial assistance for education and increasing numbers of disadvantaged students within our school system, significant challenges are presented for the City and the school system. If I am allowed any parting words, they would be these: (1) Have the courage to continue to appoint competent individuals from diverse backgrounds to the School Board. A youthful element on the board is necessary; as is the appointment of someone with firsthand knowledge of what it is to be "disadvantaged". (2) Recognize the need to fund pre-school education for disadvantaged youth not served by other pre-school programs. If those students can enter school with the same level of preparedness as their more advantaged peers, you will eventually see improved test scores and a reduced demand for dollars to fund remedial educa- tion. (3) Expect and demand the best from all of our students, without regard to their socio-economic status. Thank you for giving me the opportunity to serve. Roanoke will always be home to me. Very Truly Yours, E. Clabon Edwards Mayor Noel Taylor August 7, 1990 cc: Members of Roanoke City Council Members of Roanoke City School Board Dr. Frank Tota The Roanoke Tribune The Roanoke Times & World News WILBURN C. DIBMNG, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEy 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 ~C August 13, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CFrY A'['fORN EY$ Honorable Mayor and Members of City Council Roanoke, Virginia Re: Procedure for School Board Appointment Dear Mrs. Bowles and Gentlemen: This office has been asked to advise what procedural require- merits must be met in order for Council to fill the vacancy created by the resignation of E. Clabon Edwards as a member of the School Board. We were further asked what would be the most expeditious timetable under which this appointment could be made. I am pleased to respond to these inquiries in this letter. As you are aware, several years ago, City Council adopted a procedure for filling vacancies created by the the expiration of the terms of members of the School Board. According to this pro- cedure, candidates file an application for the opening or openings. Later, Council conducts a preliminary screening of candidates and selects candidates for public interview. Thereafter, Council makes its selection or selections. As noted above, the procedure described in the preceeding paragraph is required only when Council proposes to fill a vacancy created by the expiration of the term of a Board member. Council is not required to follow this procedure when a member resigns his position during the term of office. See $9-23, Code of the City of Roanoke (1979), as amended. Section 9-23 further provides, in pertinent part: "[P]rior to the filling of a vacancy on the School Board created by other than the ordi- nary expiration of a term,--,-~ty-~uncil shall, at least seven (7) days prior to the appoint- ment, hold a public hearing to receive the views of citizens. At least ten (10) days prior to any such hearing, public not,ce shall be given by publication in a newspaper of general circulation in the City. Before any person is appointed to the School Board, the individualts name shall be considered at a public hearing." (emphasis added) Honorable Mayor and Members of City Council August 13, 1990 Page 2 A copy of the complete section is enclosed for your information. These requirements were inserted in the City Code tn 1987 tn order to comply with the provisions of the State Code. See S22.1-29.1, Code of Virginia (1950), as amended. If Council desires to proceed with the present appointment as expeditiously as possible, Council could authorize a public hearing to be held at the August 27, 1990 meeting of Council. I am advised by the City Clerk*s Office that notice of the hearing could be published in the Roanoke Times & World-News on Thursday, August 16, 1990, which would satisfy the ten (10) day notice requirement. Assuming that the public hearing is held on August 27, 1990, Council could make the appointment at a special meeting of Council on Monday, September 3, 1990 or thereafter. (I should point out that September 3 is the Labor Day holiday.) I would be pleased to respond to any questions which members of Council may have about this matter. Sincerely yours, Acting City Attorney WXP/tsb cc: Earl B. Reynolds, Acting City Manager ~Ilburn C. Dibling, Jr., City Attorney Mary Parker, City Clerk Enclosure Pending Items Referral Date 7/10/78 2/23/87 6/20/88 1/9/89 8/14/89 8/14/89 12/18/89 from July 10, 1978, through July 23, 1990. Referred To City Manager Item Recommendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain - hotel.) Regional Cable Television Committee Request of Cox Cable Roanoke for a renewal of their fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Regional Cable Television Committee Communication advising of Cox Cable Roanoke~s intent to seek renewal of the Cable Television Franchise in the City of Roanoke. City Manager Matter with regard to speed- ing on Hemlock Road, N. W. City Manager Mayor's 1989 State of the City Recommendation No. 10 establish linear parks with flowers, street scenes, benches and walkways at the proper points on both sides of the railroad. City Manager Trade and Convention Center Committee Mayor's 1989 State of the City Recommendation No. 12 - consider the conversion of the former Railway Passenger Station into a visitor's center if the property is made available to the City in the future. City Attorney Communication from Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals, requesting an amendment of Section 62(8), Zoning, of the City Charter to provide that the terms of members of the Board of Zoning Appeals shall be staggered so that no more than two members will be eli- gible for reappointment at any given time. -1- Pend i ng Referral 1/8/90 Items from July 10, 1978, Date Referred To City Attorney 6/25/90 City Manager City Attorney Director of Finance 7/9/90 City Manager Director of Finance 7/9/90 City Manager 7/9/90 City Manager 7/23/90 City Manager through July 23, 1990. Item Requested to conduct a review of the City's Zoning Ordi- nance to determine if stronger regulations and management procedures are in order for certain zoning mat- ters. A corr~nunication from Vice- Mayor Beverly T. Fitzpatrick, Jr., with regard to potential benefits of a lobbyist to assist elected officials with certain projects which are important to the economic vitality of the City of Roanoke. Matter with regard to the Pay Plan for Roanoke City employees. Matter with regard to re- establishing the neighborhood Council meetings in the four quadrants of the City. Request of Mr. Ted H. Key, Executive Director, William- son Road Area Business Association, Inc., that the City fund the balance of $9,494.00 needed to complete the beautification - land- scape project at Breckinridge Middle School. Request to provide a more conclusive report and recom- mendation with regard to an "Employee of the Year" Program as recommended by the Mayor. -2- Pending Items Referral Date 7/23/90 from July 10, 1978, Referred To City Manager through July 23t 1990. Item Request to submit a report and recommendation to Council in conjunction with the realignment of Second Street/ Gainsboro Road and Wells Avenue to provide for the buying of power and telephone lines along Jefferson Street in the vicinity of the historic sanctuary of First Baptist Church to be known as "Old First." -3- Office of the City Clerk August 15, 1990 File #15-323 Dr. Frank P. Eastman, Chairman Roanoke City Public Library Board 1810 Denniston Avenue, S. ~. Roanoke, Virginia 24015 Dear Dr. Eastman: This is to advise you that member of the Roanoke Public 30, 1993. Dr. Leo Platt has Library Board for a qualified as a term ending June Sincerely, Mary F. Parker, CMC/AAE City Cler~ MFP:sw pc: Ns. Beverly Bury, City Librarian Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmati of_Office State o~ Virginia, ~i~gt o] Roanoke, ~o.wi~: I, Leo Platt ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Librcry Board for ~ term endi~lg Jux~e 30, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this '~X~T'-~-~ _day of ~¢~ / ~ ~ ~ /~'~ ~ , Deputy Clerk Office of the City Clerk July 25, 19~0 File #15-323 Dr. Leo Platt 825 King James Street, S. Roanoke, Virginia 24014 We Dear Dr. Platt: At the regular meeting of the Council of the City of Roanoke held on Monday, July 23, 1990, you were reelected as a member of the Roanoke Public Library Board for a term ending June 30, 1993. Enclosed you will find a Certificate of your reelection 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freeaom of Information Act. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Dr. Frank Eastburn, Chairman, Roanoke 1810 Denniston Avenue, S. ~., Roanoke, Mr. Beverly ~ury, City Librarian Public Library Virginia 24015 Board, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMON~EAL T~I OF CITY OF ROANOKE VIRGINIA ) ) To-wit: ) 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 twenty-third day of July, 1990, LEO PLATT was reelected as a member of the Roanoke Public Library Board for a term ending June 30, 1993. Given under my hand and the Seal of the City of Roanoke thi& twenty-fifth day of July, 1990. Office of the City Clerk A~gust 15, 1990 File #15-202 Ms. Judy W. Jackson, Chairman Personnel and Employment Practices 1505 June Drive, N. W. Roanoke, Virginia 24019 Commission Dear Ms. Jackson: This is to advise you that Mr. Mel member of the Personnel and Employment term ending June 30, 1993. Lipton has qualified as a Practices Commission for a Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (?03) 981-2541 0-2 Oath or Affirrna¢ n of Office 8tare of Izi~Finia, Citst of Roanoke, to I, Met H. Lipton ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Personnel and Employment Practices Commission, for a term of three years, ending June 30, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before me, this · Deputy Clerk June 27, 1990 File #15-202 Mr. Mel H. Lipton 3162 Stoneridge Road, S. Roanoke, Virginia 24014 Dear Mr. Lipton: At a regular meeting of the Council of the City of Roanoke held on Monday, June 25, 1990, you were reelected as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 1993. Enclosed you will find a Certificate of your reelection 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. ~. Please return one copy of the Oa£h of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. REELECT. 34 pc: Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2541 COMMONI~EAL TH OF CITY OF ROANOKE VIRGINIA To-wit: 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 25th day of June, 1990, MEL H. LIPTON was reelected as a member of the Personnel and Employment Practices Commission, for a term of three years ending June 30, 1993. Given under my hand and the seal of the City of Roanoke this 27th day of June, 1990. City Clerk Office of the City Clerk August 15, 1990 File #15-230 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Commission 6857 Sugar Rum Ridge Road, S. ~. Roanoke, Virginia 24018 Dear Mr. Jamieson: This is to advise you that Ms. Susan J. Cole has qualified as a member of the Roanoke Arts Corm~ission for a term ending June 30, 1993. Sincerely, City Clerk MFP:ra pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affirmation of Office State o] Virginia, City o] Roanoke, ta.wR: I, Susan J. Eole ., do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 1993. according to the best of my ability. Subscribed and sworn to before ~ne, this So help me God. /~_~-~ ~ / · Deputy Clerk Office of the City Clerk July 25, 1990 File #15-230 Ms. Susan J. Cole Executive Director The Arts Council of Roanoke 20 East Church Avenue Roanoke, Virginia 24011 Valley Dear Ms. Cole: At the regular meeting of the Council of the City of Roanoke held on ~onday, July 23, 1990, you were reelected as a member of the Roanoke Arts Commission for a term ending June 30, 1993. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Gffice 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 reelected. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Sincerely, ~,~.,._ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. Timothy L. Jamieson. Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge Road, S. W., Roanoke, Virginia 24018 Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission Room 456 Municipal Building 215 Chu~h Avenue, S.W. Roanoke, Vi~inia 2~11 (703) 981-2541 COMMONWEALTH OF CITY OF ROANOKE VIRGINIA To-wit: 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 twenty-third day of July, 1990, SUSAN J. COLE was reelected as a member of the Roanoke Arts Commission for a term ending June 30, 1993. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of July, 1990. City Clerk Office of the City Clerk August 15, 1990 File #291 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. ~ilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Gentlemen: I am attaching copy of a communication from Mr. John P. Grove, Attorney, representing Roanoke & Botetourt Telephone Company, wi~a regard to a franchise to use tae streets and public ways of the City to construct a fiber-optic telecommunications system, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On motion, duly seconded and unanimously adopted, the matter ~as referred to you to conduct the required aavertising, as well as any o~her action deemed appropriate. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. John P. 24004-0720 Grove, Attorney, P. 0. Box 720, Roanoke, Virginia Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ~. ROANOKE, VIRGINIA 2401 t-1595 August 13, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Roanoke & Botetourt Telephone Company Dear Mrs. Bowles & Gentlemen: By letter dated August 3, 1990, John P. Grove, Esquire, the attorney representing Roanoke & Botetourt Telephone Company has requested that Council advertise for and receive bids in connection with a franchise to use the streets and public ways of the City to construct a fiber-optic telecommunications system. I recommend that Council consider referring this matter to the City Manager and the City Attorney with authorization to con- duct the required advertisement and take other action deemed appropriate in connection with this matter. I would be pleased to respond to any comments or questions that you may have with regard to this matter. MAW:tsb cc: W. Robert Herbert, Wilburn C. Dibling, Very truly yours, Mark Allan Williams Acting City Attorney City Manager Jr., City Attorney WOODS, ROGERS & HAZLEOROVE 105 FRANKLIN ROAD, S.~. ~ 0. B~ 720' RoAnoke, Vx~o~x~ ~4oo4-o~o 982-4297 August 3, 1990 HAND DELIVERED The Honorable Mayor and Members of City Council c/o Mary F. Parker City Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24016 Re: Request to be placed on the Public Hearing Agenda for the Auqust 13t 1990~ City Council Meeting To the Honorable Mayor and Members of City Council: Roanoke & Botetourt Telephone Company requests that it be placed on the August 13, 1990, public hearing agenda to address Council regarding a franchise to use the streets and public ways of the City to construct a fiber-optic telecommunications system and that Council advertise for and receive bids in connection therewith. Please place this matter on your agenda and contact me should you have any questions. Thank you for your assistance. JPG/pcb cc: J. Allen Layman Wilburn C. Dibling, Very truly yours, WOODS, RO~./HAZLEGROVE Jr. M#10645 Office of the City Clerk August 22, 1990 File #11-5 Ur. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from ~ayor Noel C. Taylor recommending your appointment of a Task Force for racial understanding, which communication was before the Council of the City of Roanoke at a regular meeting held on ~onday, August 13, 1990. On motion, duly seconded and adopted, Council concurred in the recommendation of the Mayor. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the Mayor August 13, 1990 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Tonight, I would like to recommend the appointment of a Task Force by the City Manager for racial understanding. I believe that ~oanokers are a people of destiny, that we are on our way somewhere and we should not let anything or anyone turn us around. My only purpose in sharing this statement with you is to champion the cause of right and to continue our effort to make Roanoke a City for all people regardless of race, religion, national ori- gin, or other considerations. We are many, but one. There is no need to divide the City of Roanoke into racial factions as we pursue our ultimate goal. We are too close to establishing our identity as the most livable City in the south to be torn by any form of racial unrest. We are too close to making the star on Mill Mountain the symbol of what we really are to shift the gear into reverse and lose the gains we have already made. I have given a significant part of my life in an effort to make Roanoke a true City for all of its citizens. I am not attempting to stand on center stage tonight and receive the applause for the good we have done, but I have worked diligently to make Roanoke a City that seeks to establish unity in the midst of diversity -- a City of brotherly love -- a City of racial understanding. We need not divide the City of Roanoke in order to give equal justice, equal respect, and equal opportunities to everyone. We must not be divided into those who have respect for law and order and those who do not. We must not be divided or categorized by our racial identity. I know very well that all of the promises have not been kept and we have experienced times when all of the standards have not been carefully guarded; however, I have sin- cere respect for any community that strives diligently to make all men and women one in the eyes of the law, one in the courts Room 452 Municipal Building 215 Church Avenue, S. W.. Roanoke. Virginia 24011 (703) g81-2444 The Honorable Vice~Mayor and Members of the Roanoke City Council Page 2 August 13, 1990 of justice, and one under our City's flag. We must remember who we are, for we are a City of destiny, and we are able to overcome our problems and take corrective measures without hostile actions across racial lines. Will you forgive me for being repetitious in repeating a state- ment I made the night ! announced that f was seeking a seat on the Roanoke City Council in 1970. I used the example of a piano and stated that an excellent musician can make some good music come from the piano by playing only the white keys and a good musician can bring forth good music by playing only the black keys, but the best music always comes forth from the piano when you play the black and the white keys together. That night I stated that some persons in Roanoke were saying, "all white" and other per- sons were saying, "all black," but Noel Taylor was saying, "all together." Twenty years have passed since that cold winter night, but my goal remains intact. I have not moved one iota from my desire to bring all of the citizens of the Roanoke com- munity to the mountain peak of cooperation, understanding, love, and respect for all. Noel Taylor is still saying, "all together." Since the days of the early sixies, there has been an intense struggle for civil rights° It has taken various guises in our City. In too many instances, however, this struggle has turned out to be against something rather than for it. Organizations such as the NAACP, the National Conference of Christians and Jews, and other groups have, too often, been discredited and have had to battle for their very existence. We have not been per~ fect, but we have received from our parents and the citizens of yesteryears a legacy that we will never ever forget. There are those who appreciate the toils and cares of the former years and who understand the pain and agony out of which our progress has come. I believe that we must determine how our worthwhile desti- nies can be reached. Surely, that will not come from fighting our neighbors or from creating racial friction. We must find our values and embrace them, we must face our problems and solve them, we must admit our own sins and repent of them, and we must ask God for deliverance, for help, and for guidance as we deal with our weaknesses. There is a tendency that we, as a community, will fall apart unless we discover and harness some bond of unity that takes the place of separation and that draws us together with respect for each other without creating in us envy, strife, and prejudice against other racial groups. The Honorable Vice-Mayor and ~embers of the Roanoke City Council Page 3 August 13, 1990 I, therefore, recommend that a Task Force will be formed by the City ~anager for the express purpose of promoting racial understanding and a dialogue that seeks to resolve areas of ten- sion, mistrust, and difficulty. The committee should be multi- faceted in its racial makeup, and I hope its membership will include representation from such organizations as the NAACP, the National Conference of Christians and Jews, Roanoke Valley Together, Chairman of the Roanoke City School Board or his designee, President of the Minister's Conference, and other orga- nizations that will make the Task Force representative of the total community. The thought is not to appoint the committee for the City Manager, but simply suggest a Task Force that is broad based in its makeup so as to represent the total community. ~espect£ully submitted,J Noel C. Taylor, Mayo~ City of Roanoke NCT:jas Office of the City Clerk August 15, 1990 File #20-77 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a petition from managers and owners of certain retail stores in Southwest Plaza requesting removal of a traffic sign which prohibits left turns from Grandin Road Extension onto Mudlick Road, S. W., at certain hours of the day, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On motion, auly seconded and unanimously adoptea, the matter was referred to you for the purpose of holding a meeting ~ith the Greater Deyerle Neighborhood Association and merchants of Southwest Plaza in order to determine if a compromise can be worked out and report to Council accordingly. Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. pc: Mr. William Valentine, 4917 Grandin Road, S. W., Roanoke, Virginia 24018 Mr. Jonathan Rogers, Co-President, Greater Deyerle Neighborhood Association, 3734 Lake Drive, S. W., Roanoke, Virginia 24018 Mr. James M. Ellison, 2030 Knollwood Road, $. W., Roanoke, Virginia 24018 Mr. William F. Clark, Director of Public Works Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 · Office of the City Manager August 8, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Petition from Southwest Plaza Merchants It is our understanding that representatives of the merchants at Southwest Plaza Shopping Center, which is located at Grandin Road and Route 419, have requested an opportunity to appear before City Council at your meeting on Monday, August 13. This reportedly will concern the prohibitions against left turn traffic from Grandin Road onto Mud Lick Road. Various representatives of the City administration have previously received a petition from the merchants concerning this matter and it is our understanding that Council Members have likewise received such petition. City Council Members will recall that the installation of this left turn prohibition was an outgrowth of the conflict resolution process between representatives of the Mud Lick/Deyerle Neighborhood Association, Virginia Department of Transportation, and the City concerning the proposed Peters Creek Road Extension. Residents of the Mud Lick/Deyerle neighborhood expressed strong sentiment in regard to thru traffic in their neighborhood and several traffic control measures, including the No Left Turns from Grandin Road onto Mud Lick Road were a part of the compromise reached in order to allow the City to move ahead with the Peters Creek Road Project. Although the construction of Peters Creek Road from Melrose Avenue to Brandon Avenue will not take place for several years, residents of the Mud Lick/Deyerle area expressed the opinion that thru traffic in the neighborhood is already a problem and that mitigating measures were necessary at the current time. Recently, it was discovered that the No Left Turns from Grandin Road onto Mud Lick Road had been limited at times more than had been agreed upon in the conflict resolution process. It had originally been intended to prohibit these left turns during the morning rush hours between 7 a.m. and 9 a.m. In error, the City had also prohibited these left turns during the afternoon rush hours between 4 p.m. and 6 p.m. This latter time frame has since been removed from the signs. We had hoped that eliminating the prohibition against left turns between 4 p.m. and 6 p.m., would go a long way toward resolving the complaints from the Room 364 Municipal Building 2 t5 Church Avenue, S.W. Roanoke, Virginia 2401 t (703)98t-2333 Members of Council August 8, 1990 Page 2 Southwest Plaza merchants. Unfortunately, they were not satisfied with this change and likewise declined our invitation to convene a meeting between representatives of the Mud Lick/Deyerle Neighborhood Association and the shopping center merchants. Thus, we have been unsuccessful in resolving this matter prior to the merchants association requesting an opportunity to appear at your Council Meeting. I hope the above explanation will help Council Members understand the situation which has brought us to this point. Please contact this office if there are further questions concerning this matter. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr PETITION July 26, 1990 The individual managers/owners of the below listed retail stores located at Southwest Plaza in the City of Roanoke hereby petition the Traffic Engineer and other officials of the City of Roanoke to remove the traffic sign which prohlbits left turns from Grandin Road Extension onto Mudlick Road in the morning and late afternoon hours. Our stores do a substantial amount of business w~th customers who stop in while commuting to and from work. The effect of the traffic sign has been to alter the commuting patterns of our prior cuatomerm. We have suffered a significant drop in sales after the no left turn sign was installed. We feel that the removal of the sign would not adversely affect traffic safety in the area. Motorists are still permitted to turn left from Mudlick onto Grandin Road without limitation. Intense competition among retaile~ has placed a strain on all stores in the Roanoke Valley. The rerouting of traffic due to the placement of the sign unfairly restricts our access to the market and threatens the survival of some of the stores in Southwest Plaza. Our retail sales are declining as a result of the traffic sign. Collections of retail males and food tax are correspondingly lower and this adversely affects the City of Roanoke. P~-~ou r~f i Rest aura4~ ~r Super Markets, Yogurt Express Loretta's Flower Cart ~o~~r~ Peddler Bicycle, Shop Gem Art Jewelry Sally Cox State Farm Insurance ~leaners Sir Stickee's Gourmet Bakery Oreat Wall Chinese Restaurant ~/Classic Designers Bridles & Bits Travelhost Travel Agency Mail Box Etc. USA Office of the City Clerk August 15, 1990 File #236-502-133 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Resolution No. 30182-81390 authorizing acceptance of Grant No. 90-A73890 AD made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program, in the total amount of $35,619.00 for fiscal year 1996-91, with the City providing a local cash match, in the amount of $20,072.00, and authorizing execution and filing by you of the conditions of the grant ana other grant documents. Resolution No. 30182-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, August 13, 1990. Sincerely, , ~ ~4ary F. Parker, C~C/AAE City Clerk MFP:sw Enc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Ms. Mary Ann Myers, Victim/Witness Coordinator Mr. Joel M. $chlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30182-81390. A RESOLUTION authorizing the acceptance of Grant No. 90-A7380 AD made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program and authorizing the execution and filing by the City Manager of the con- ditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 90-A7380 AD in the total amount of $35,619.00 for Fiscal Year 90-91 for a Victim/Witness/Juror Assistance Program. 2. The local cash match for Fiscal amount 39 of $20,072. The City Manager or Year 90-91 shall be the the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 90-A73890 AD. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. Office of the City Clerk August 15, 1990 File #60-236-502~133 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30181-81390 amending and reordaining certain sections of the 1990-91 General and Grant Funds Appropriations, providing for appropriation and transfer of funds, in connection with acceptance of and participation in the Department of Criminal Justice Services Grant No. 90-A7390 AD for the Victim/~itness/Juror Assistance Program. Ordinance No. 30181-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 199~. Sincerely, ~n~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra £nc. pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Ms. Mary Ann Myers, Victim/ Witness Coordinator Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Vi~inia 24011 (703) 981-2541 IN THECOUNCIL OFT HE CITY OF ROANOKE, VIRGINIA The 13th day of August, 1990. No. 30181-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: - General Fund Appropriations Nondepartmental -' $12,232,715 Transfers to Other Funds (1) ........................ 10,315,506 Judicial Administration 3,367,982 Commonwealth's Attorney (2) ......................... 653,739 Grant Fund Appropriations Judicial Administration $ Victim Witness 90-91 (3-11) ......................... Revenue Judicial Administration $ Victim Witness 90-91 (12-13) ........................ 168,320 55,691 168,320 55,691 1) Transfer to Grant Fund 2) Local Match 3) Regular Empl. Salaries 4) FICA 5) Hospitalization Insurance 6) Dental Insurance 7) Life Insurance 8) Training and Development 9) Telephone 10) Administrative Supplies 11) Management Services 12) State Grant Revenue 13) Local Match (001-004-9310-9535) (001-026-2210-9536) (035-026-5114-1002) (035-026-5114-1120) (035-026-5114-1125) (035-026-5114-1126) (035-026-5114-1130) (035-026-5114-2044) (035-026-5114-2020) (035-026-5114-2030) (035-026-5114-7015) (035-035-1234-6952) (035-035-1234-6953) 20,072 (20,072) 41,443 3,050 2,904 168 423 3,339 1,080 1,964 1,320 35,619 20,072 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this~ City Clerk. August 6, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Acceptance of Victim/ Witness Assistance Program Grant I. Back.round Victim/Witness Prozram is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the cor~nitment for citizen support. Roanoke City Victim/ Witness/Juror Assistance Committee (RCV~J) was formed in the fall of 1983, by Judges and Clerks of Circuit Court, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Victim/Witness Prozramwas developed and utilized volunteers in the court system to provide services to support the needs of victims, witnesses. The RCVWJ committee submitted the program to the State with a request for full payment funding/ A start-up grant (#85A6252) was issued on July 1, 198~, in the amount of $16,202 for FY 8~-85 subject to proportional annual local funding to be approved each year. City Council accepted the start-up grant in September, 198~, and hired a full-time program coordinator in October, 198~. City Council accepted the second year of the Victim/Witness Assistance program grant (#86A6292) in September, 1985, and appropriated #$2,~30 for FY 85-86 as the City's first year proportional share of the grant subject to the terms of the original agreement (15% of $16,202). Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 2 La I_~nOctober, 1985, the City Manager approved the new classification of the Victim/Witness coordinator's position at a pay grade 09 and the full-time coordinator received a salary increase of $3,108. The additional expense of this salary increase was transfel-red from the Con~aonwealth Attorney's 85-86 budget to the Victim Witness Grant budget. City Council accepted the third year of the Victim/Witness Assistance Program grant (#86A6~00) in August, 1986, and appropriated S6,575 for FY 86-87 as the City's local cash match. I__n June, 1987, the Victim/Witness Assistance Program grant (#86A6~00) was extended from June, 1987 thl~U November, 1987. City Council accepted the fourth yea~ of the Victim/Witness Assistance Program grant (#87A652~) in November, 1987, and appropriated $9,916 as the City's local cash match for the grant period, November, 1987 to August, 1988. City Council accepted the fifth year of the Victim/Witness Assistance Program grant (#88A6680), in September, 1988, and appropriated S1~,51~ as the City's local cash match for the grant period, September, 1988 to June 1989 City Council accepted the sixth year of the Victim/Witness Assistance Program grant (#89A6821), in August 1989, and appropriated $20,072 as the City's local cash match for the grant period July, 1989 to June 1990. I__n April· 1990, a request for a new grant was submitted by the Victim/Witness Coordinator when additional state funds became available. II. Current Situation Aa The Victim/Witness Assistance Pro~ramhas been awarded a twelve month $35,619 grant (#90-A7380 AD) for July, 1990 through June 1991, which will be matched by a local cash match of $20,072 for a total grant budget of $55,691. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page The Victim/Witness Program continues to operate with a full-time coordinator, as well as a full-time assistant for Juvenile & Domestic Relations Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A sun~ary of FY 8b-85, 85-86, 86-87, 87-88, 88-89, and 89-90 contacts documents the services of the program (see Attachment A). The ~tness Program is coordinated by the Office of the Commonwealth's Attorney and this office's FY 90-91 budget as approved by City Council included a local cash match grant fund of $20,072 (appropriated as outlined in Attachment B). A. ~rvices B. Costs ~ the ~ Grant #90-A7380 AD for $35,619 with Roanoke city paying $20,072 as a local cash match for a total grant of $55,691. Present level of services and contacts would be maintained for victims and witnesses in General District'Court. Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. 2. Costs a. Cost to the City for Grant #90-A7380 AD would be $20,072 as a local cash match B. City Council not accept the Victim/Witness Grant ~90-A7380 A__D in the amount of $35,619. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page Services such as those below would be greatly curtailed or not provided if the grant is not accepted. a. Providing felony victims and witnesses with a letter and educational brochure familiarizing them with the court system, procedures and terminology before their court appearance. Notifying the victims and witnesses of the status of pending cases thereby decreasing the number of unnecessary trips made to court and helping the victims and witnesses feel informed and a part of the criminal Justice system. Providing police officers with case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d. Assisting victims in securing court ordered restitution payments. Making victims aware of the Virginia Crime Compensation Fund and assisting them in completing the application process. Provide referrals to other agencies which can help victims address their non-criminal Justice needs. nb Accompany victims and witnesses to court proceedings to reduce their fears and anzieties regarding court appearances. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. Assist sexual assault victims in having forensic medical bills paid by the court system. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page 5 Assist probation and parole officers in'the preparation of Victim Inpact Statements which are presented to the Judge at the defendant's sentencing. k. Provide "counseling" and crisis intervention to crime victims and witnesses. Arrange for transportation to court for those victims and witnesses who have special needs. Provide public relations information in the form of courthouse tours, programs and lectures about the criminal Justice system and victimology. 2. Costs would not be an issue. Qity Council to concur with Alternative A, which would allow for the acceptance of, and participation in the Department of Criminal Justice Services Grant #90-A7380 AD for the Victim/Witness/Juror Assistance program in the amount of $35,619, with the City providing a local cash match of $20,072 from the monies provided in the Commonwealth Attorney's FY 90- 91 budget. B. Authorize the City Manager to sign and execute all appropriate documents to obtain Grant #90-A7380 AD. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant Page: 6 Appropriate $35,610 in state grant funds and transfer $20,072 in local matching funds from General Fund account 001-026-2210-9536 to the Grant Fund into accounts to be established' by the Director of Finance. Respectfully submitted, Donald S. Caldwell Commonwealth's Attorney DSC:mam pc: City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim Witness Coordinator VICTIM-WITNESS ASSISTANCE PROGBAM SERVICE SUHHARY SERVICE 1. Case Disposition & Case Status Information 2. Intercession with Schools or Employers 3. Victim Counsel Sessions* 4. Referral to Crime Compensation Fund 5. Restitution Payment Assistance** 6. Contacts in Person or by Phone to Educate Persons to the Criminal Justice System 7. Introductory Brochures Hailed 8. Total Victims Contacted*** 9. Total Witnesses Contacted*** 10. Police Contacts for Case Information**** 11. Volunteer Hours Served FY FY FY FY FY 84-85 85-86 86-87 87-88 88-89 556 1,063 868 900 3,123 12 17 12 25 18 14 56 30 50 NA 24 84 70 250 254 71 218 314 400 822 662 1,406 1,299 1,350 2,634 51 607 686 2,250 1,484 982 2,245 1,714 4,500 6,125 554 1,464 528 1,I00 66 157 93 120 NA 826 926 544 626 497 * Statistics are no longer kept on counseling sessions **The Victim Witness Program was given referrals from the courts on 822 cases and collected $17,709 during FY 88-89 ***Statistics kept are no longer separated into categories. ****Statistics are not kept on the number of police contacts for information. However, the Victim Witness Program works with the Police Department on a daily basis. ATTACHMENT A Victim Witness Assistance Program Service Sun. ax7 ~ervice Case Disposition & Case Status Information Intercession with Schools or Employers FY 89-90~ 2,661 25 Crisis Intervention ~2 Referral to Crime Victims 223 Compensation Fund~ 5. Restitution Payment Assistance~ 625 6. Criminal Justice System 368 Explanation 7. Educational Brochures given 993 8. Total Victims Contacted~ 1~9 9. Total Witness Contacted 736 10. Courtroom tours for ~8 child witnesses Volunteer/Intern hours utilized 603 1.i Services listed on this page reflect the services now b~in~ cgu~.te~, statistically by the Victim Witness Program as requzre~ Dy ~ne Department of Criminal Justice Services. 2.~ This total reflects the number of victims which the prpgram had extensive contact, beyond giving routine case status information or pre-printed information. 3.i The Victim Witness Program assisted victims in collecting $3~,063.00 in restitution during FY 89-90, and assisted victims in collecting $67,212.00 from Crime Victims Compensation. ATTACHMENT A LOCAL CASH MATCH ~RANTFUND FY 8b-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 FY 89-90 FY 90-91 DCJ$ GRANT $16 202 (100%) $13, 772 71%) $32 550 8~%) $17 225 $19,0~8 57%) $32 ,250 62%) $35 ,619 6~%) LOCAL CASH MATCH $5 538 (29%) $6 575 (16%) $9 916 (36%) $1~,51~ (~3%) $20 072 ( 38%) $20 072 (36%) TOTAL $16202 $19 310 $39 125 $27 $33562 $52 322 $55 961 Roanoke, Virginia August 13, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Acceptance of Victim/Witness Assistance Program Grant I concur with the report and recommendations submitted to you by the Commonwealth's Attorney on the above-referenced subject. Respectfully submitted, W. Robert Herbert City Manager WRH/ga cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Donald S. Caldwell, Commonwealth's Attorney Office of the City Clerk Augus~ 15, 1990 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30183-81390 amending and reordaining certain sections of the 1990-91 General and Grant Funds Appropriations, providing for appropriation of funds to the Alternative Education Program, the Vocational Education Teen Mothers Program, Special Education Program Evaluation, the Adult Basic Education Program and the Projec~ YES Proqram. Ordinance No. 30183-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincere, ly, ?~ ~fary F. Parker, C~C/AAE City Clerk MFP:sw Enc. pc: Mr. ~. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, p. G. Box 1689, Salem, Virginia 24153 Dr. Frank p. Tota, Superintelldent of Schools, p. C. 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 Mr. Barry L. Key, manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN '£~ COUNCIL OF T~CI~YOF~OANOK~, VIRGINIA The 13th day of August, 1990. No. 30183-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council that certain of the City of Roanoke sections of the 1990-91 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Education '° $65,027,439 Other Uses of Funds (1) ............................ 922,950 Instruction (2-4) .................................. 48,334,919 Grant Fund Appropriations Education Alternative Education 90-91 (5-28) ................. Vocational Education Teen Mothers 90-91 (29-35} ............................ 48,501 Special Education Program Evaluation 90-91 (36) ............................ 2,000 Adult Basic Education 90-91 (37-51) ................ 122,716 Project YES 90-91 (52-62) ........................... 267,374 $17,532,795 325,642 Revenue Education Alternative Education 90-91 (63-64) ................ Vocational Education Teen Mothers 90-91 (65) ............................... Special Education Program Evaluation 90-91 (66) ............................ Adult Basic Education 90-91 (67-69) ................ Project YES 90-91 (70) ............................. $17,532,795 325,642 48,501 2,000 122,716 267,374 1) Transfers to Grant F~nd 2) Matching Funds 3) Purchased Services 4) Matching Funds 5) Secondary Teachers 6) Coordinator 7) Supplements 8} Teacher Aide 9) Social Security 10) State Retirement 11) Health Insurance 12) State Group Life Insur. 13) Testing Materials ~ 14) Instructional Supplies 15) Clerical 16) Social Security 17) State Retirement 18) Health Insurance 19) State Group Life Insur. 20) Insurance 21) Rent of Facility 22) Grant Evaluation 23) Office Supplies (001-060-6005-6999-0911) $ 247,742 (001-060-6001-6400-0588) (135,142) (001-060-6001-6400-0381) ( 90,000) (001-060-6001-6450-0588) ( 22,600} (035-060-6423-6100-0121) 144,754 (035-060-6423-6100-0123) 30,000 (035-060-6423-6100-0129) 3,000 (035-060-6423-6100-0141) 9,600 035-060-6423-6100-0201) 14,064 035-060-6423-6100-0202) 30,813 035-060-6423-6100-0128) 12,825 035-060-6423-6100-0205) 1,967 035-060-6423-6100-0584) 6,000 035-060-6423-6100-0614) 15,000 035-060-6423-6300-0151) 13,000 (035-060-6423-6300-0201) 995 (035-060-6423-6300-0202} 2,179 (035-060-6423-6300-0128) 1,425 (035-060-6423-6300-0205) 139 (035-060-6423-6300-0538) 4,000 (035-060-6423~6300-0541) 4,000 (035-060-6423-6300-0584) 1,881 (035-060-6423-6300-0601) 2,000 24) Tokens 25) Field Trip 26) Staff Travel 27} Postage 28) Telephone 29) Teacher 30) Social Security 31) State Retirement 32) Health Insurance 33) State Group Life Insur. 34) Travel 35) Contracted Child Care 36) Program Evaluation 37) Teachers 38) Counselor 39) Teacher Aides 40) Social Security 41) State Retirement 42) Health Insurance 43) State Group Life Insur. 44) Clerical 45) Social Security 46) State Group Life Insur. 47) Health Insurance 48) State Group Life Insur. 49) Telephone 50) Travel 51) Instructional Supplies 52) Guidance Counselors 53) Instructional Aides 54) Inservice Training 55) Social Security 56) State Retirement 57) Health Insurance (035-060-6423-6300-0342) $ 7,000 (035-060-6423-6300-0583) 13,000 (035-060-6423-6300-0551} 5,000 (035-060-6423-6681-0521) 1,000 (035-060-6423-6681-0523) 2,000 (035-060-6424-6138-0121) 25,930 (035-060-6424-6138-0201) 1,984 (035-060-6424-6138-0202) 4,193 (035-060-6424-6138-0128) 1,425 (035-060-6424-6138-0205) 277 (035-060-6424-6138-0551) 912 (035-060-6424-6138-0381) 13,780 (035-060-6588-6229-0584) 2,000 (035-060-6745-6450-0121) 75,056 (035-060-6745-6450-0123) 3,207 (035-060-6745-6450-0141) 2,085 (035-060-6745-6450-0201) 6,147 (035-060-6745-6450-0202) 8,075 (035-060-6745-6450-0128) 1,425 (035-060-6745-6450-0205) 491 (035-060-6745-6550-0151) 16,830 (035-060-6745-6550-0201) 1,287 (035-060-6745-6550-0202) 2,821 (035-060-6745-6550-0128) 1,425 (035-060-6745-6550-0205) 180 (035-060-6745-6550-0523) 2,000 (035-060-6745-6550-0551) 750 (035-060-6745-6550-0614) 937 (035-060-6967-6315-0123} 132,690 (035-060-6967-6315-0141) 48,323 (035-060-6967-6315-0129) 3,500 (035-060-6967-6315-0201) 14,115 (035-060-6967-6315-0202) 28,210 (035-060-6967-6315-0128) 17,100 58) State Group Life Insur. 59) Tuition - Private Sch. 60) Travel 61) Field Trips 62) Instructional Materials 63) Local Match 64) Federal Grant Receipts 65) Federal Grant Receipts 66) Federal Grant Receipts 67) Local Match 68) Federal Grant Receipts 69) Fees 70) State Grant Receipts (035-060-6967-6315-0205) $ 1,800 (035-060-6967-6315-0312) 6,000 (035-060-6967-6315-0551) 6,000 (035-060-6967-6315-0583) 6,000 (035-060-6967-6315-0614) 3,636 (035-060-6423-1101) 225,142 (035-060-6423-1102) 100,500 (035-060-6424-1102) 48,501 (035-060-6588-1102) 2,000 (035-060-6745-1101) 22,600 (035-060-6745-1102) 98,360 (035-060-6745-1103) 1,756 (035-060-6967-1100) 267,374 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. August 13, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for the Appropriation of Grant Funds I have reviewed the attached request to appropriate five grants for the School Board. The Vocational Education Teen Mothers program, Special Education Program Evaluation program, and Project YES are funded with 100% federal or state funding. The Alternative Education grant and Adult Basic Education grant require local matches of $225,142 and $22,600, respectively. Funding for the local matches is available in the Instruction category of Education in the following General Fund accounts: Matching Funds (001-060-6001-6400-0588) $135,142 Purchased Services (001-060-6001-6400-0381) 90,000 $225,142 · Matching Funds (001-060-6001-6450-0588) $ 22,600 I recommend Board. JMS:gd that you concur with this request of the School Attachment &~3dlVn C Curtis Thomos L Off V. Imo 8. ~l/ Citv School I :x:u'd P.O Boz 13105. Fk:wno~. Virginia 24031 · 70].981.~,..x81 UJilllom UJhice. S~. Frank P. Toro, Supedntendent Aichord L Helley. Clerk o~ the 8oc~ct July 17, 1990 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council ~Roanoke, VA 2q011 Dear Members of Council: As the result of official action at its meeting of July 17, 1990, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6q23- $325,6q2.00 for the Alternative Education program t~ provide instruction and guidance services to secondary level students who are at risk of leaving school due to poor academic achievement, Iow or unrealistic self-concept, or a pdor understanding of academic preparation required to achieve their career interests. The program will be funded by federal funds and local match. Grant No. 6z~2q- Grant No. 6588- Grant No. 67~.5- $q8,501.00 for the Vecational Education Teen Mothers program to provide vocational instruction to twenty students. The program will be reimbursed one hundred percent by federal funds. $2,000.00 for the Special Education Program Evaluation program to aid in the evaluation of the Roanoke City special education effort. The program will be reimbursed by federal funds. $122,716.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds and matching funds provided by the City jail and Roanoke City Schools. Excellence in Education Members of Council Page 2 July 17, 1990 Grant No. 6967- $267,374.00 for the Project YES program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The program will be one hundred percent reimbursed by state funds. The approval of these requests will be appreciated. Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. James M. Turner, Jr. Dr. Frank P. Tota Mrs' William L. Murray, Jr. X~. Kenneth F. Mundy, Jr. r. W. Robert Herbert r. Wilburn C. Dibling · Joel M. Schlanger (with accounting details) ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Alternative Education 90-91 6423 035-060-6423-6100-0121 035-060-6423-6100-0123 035-060-6423-6100-0129 035-060-6423-6100-0141 035-060-6423-6100-0201 035-060-6423-6100-0202 035-060-6423-6100-0128 035-060-6423-6100-0205 035-060-6423-6100-0584 035-060-6423-6100-0614 035-060-6423-6300-0151 035-060-6423-6300-0201 035-060-6423-6300-0202 035-060-6423-6300-0128 · 035-060-6423-6300-0205 035-060-6423-6300-0538 035-060-6423-6300-0541 035-060-6423-6300-0584 035-060-6423-6300-0601 035-060-6423-6300-0342 035-060-6423-6300-0583 035-060-6423-6300-0551 035-060-6423-6681-0521 035-060-6423-6681-0523 Appropriation Unit Z40 035-060-6423-1101 035-060-6423-1102 Secondary Teachers Coordinator Supplements Teacher Aide Social Security State Retirement Health Insurance State Group Life Insurance Testing Materials Instructional Supplies Clerical Social Security State Retirement Health Insurance State Group Life Insurance Insurance Rent of Facility Grant Evaluation Office Supplies Tokens Field Trips Staff Travel Postage Telephone Local Match Federal Grant Receipts 144,754.00 30,000.00 3,000.00 9,600.00 14,064.00 30,813.00 12,825.00 1,967.00 6,000.00 15,000.00 13,000.00 995.00 2,179.00 1,425.00 139.00- 4,000.00 4,000.00 1,881.00 2,000.00 7,000.00 13,000.00 5,000.00 1,000.00 2,000.00 325I__~642.00 225,142.00 100,500.00 325,642.00 The Alternative Education program will provide instruction and guidance services to secondary level students who are at risk of leaving school due to poor academic achievement, low or unrealistic self-concept, or a poor understanding of academic preparation required to achieve their career interests. Program expenditures will be funded by local match from accounts 001-060-6001-6400-0588 in the amount of $135,142 and account 001-060-6001- 6400-0381 in the amount of $90,000 and by federal funds in the amount of $100,500. The program will end June 30, 1991. July 16, 1990 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Vocational Education Teen Mothers 90-91 6424 035-060-6424-6138-0121 035-060-6424-6138-0201 035-060-6424-6i38-0202 035-060-6424-6138-0128 035-060-6424-6138-0205 035-060-6424-6138-0551 035-060-6424-6138-0381 ~ppropriation Unit Z4P 035-060-6424-1102 Teacher Social Security State Retirement Health Insurance State Group Life Insurance Travel Contracted Child Care Federal Grant Receipts 55,930°00 1,984.00 4,193.00 1,425.00 277.00 912.00 13,780.00 s $ 48,501.00 The Vocational Education Teen Mothers program will provide vocational instruction to twenty students. The program is one hundred percent reimbursed by federal funds. The program will end June 30, 1991. July 16, 1990 ROANOI~ CITY 8Cit00~ BOARD Roanoke, Virginia APPROPRIATION REQUEST Special Education Program Evaluation 90-91 6588 035-060-6588-6229-0584 Appropriation Unit Z33 Program Evaluation $ 2rO00.O0 035-060-6588-i102 Federal Grant Receipts S ,ooo.oo The Special Education Program Evaluation Program will be reimbursed by federal funds to aid in the evaluation of the Roanoke City special education effort. The program will end June 30, 1991. July 16, 1990 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Adult Basic Education 90-91 6745 035-060-6745-6450-0121 035-060-6745-6450-0123 035-060-6745-6450-0141 035-060-6745-6450-0201 035-060-6745-6450-0202 035-060-6745-6450-0128 035-060-6745-6450-0205 035-060-6745-6550-0151 035-060-6745-6550-0201 035-060-6745-6550-0202 .035-060-6745-6550-0128 035-060-6745-6550-0205 035-060-6745-6550-0523 035-060-6745-6550-0551 035-060-6745-6550-0614 Appropriation Unit Z73 Teachers Counselor Teacher Aides Social Security State Retirement Health Insurance State Group Life Insurance Clerical Social Security State Group Life Insurance Health Insurance State Group Life Insurance Telephone Travel Instructional Supplies, 75,056.00 ],207.00 2,085.00 6,147.00 8,075.00 1,425.00 491.00 16,830.00 1,287.00 2,821.00 1,425.00 180.00 2,000.00 750.00 937.00 $ 122,716.0___~0 035-060-6745-1101 035-060-6745-1102 035-060-6745-1103 Local Match Federal Grant Receipts Fees $ 22,600.00 98,360.00 1,756.00 $ 122f716.00 The Adult Basic Education program will provide funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $98,360. Matching funds will be provided by the City jail in the amount of $1,756 and from Roanoke City School account 001-060-6001-6450-0588 in the amount of $22,600. The program will end June 30, 1991. July 16, 1990 RO~OKE CITY SCHOOL BOARI} Roanoke, Virginia APPROPRIATION REQUEST Project YES 90-91 6967 035-060-6967-6315-0123 035-060-6967-6315-0141 035-060-6967-6315-0129 035-060-6967-6315-0201 035-060-6967-6315-0202 035-060-6967-6315-0128 035-060-6967-6315-0205 035-060-6967-6315-0312 035-060-6967-6315-0551 035-060-6967-6315-0583 035-060-6967-6315-0614 Appropriation Unit Z3T Guidance Counselors Instructional Aides Inservice Training Social Security State Retirement Health Insurance State Group Life Insurance Tuition - Private Schools Travel Field Trips Instructional Materials 139,690.00 48,323.00 3,500.00 14,115.00 28,210.00 17,100.00 1,800.00 6,000.00 6,000.00 6,000.00 3,636.00 267 374.00 035-060-6967-1100 State Grant Receipts $ 267 374.00 The Project YES (Youth Experiencing Success) program will identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The program is one hundred percent reimbursed by state funds. The program will end June 30, 1991. July 16, 1990 Office of the City Clerk August 15, 1990 File #122-169 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30184-81390 concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard and ~alt Disney Pictures for use of the National Guard Armory. Resolution No. 30184-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely. ~l~ Mary F. Parker, CMC/A~E City Clerk MFP:ra Enc. pc: Mr. Richmond, Virginia 23219 Walt Disney Pictures, 500 California 91521 Mr. George C. Snead, Jr., Public Safety Mr. Gary N. Fen~on, Manager, Maintenance Ms. Lauren G. William W. Muse, Assistant Attorney General, Commonwealth Virginia Office of Attorney General, 101 North 8th Street, S. Buena Vista Street, Burbank. Director of Administration Parks and Recreation/Grounds Eib, Risk Management Officer and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN T~E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13tk day of August~ 1990. No. 30184--813R0, A RESOLUTION concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard and Walt Disney Pictures for use of the National Guard Armory. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager or Assistant City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute in form approved by the City Attorney appropriate documents evidenc- ing the City's concurrence in the license agreement between the Commonwealth of Virginia, Virginia National Guard and Walt Disney Pictures, for use of the National Guard Armory, including provi- sions extending ~propriate indemnifications and insurance coverage to protect the interests of the City of Roanoke and such other provisions as deemed necessary by the City Manager. ATTEST: City Clerk. Office of the City Manager August 13, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: The Governor's Office in conjunction with the Virginia Film Office, has been working with representatives of Walt Disney Pictures for several months scouting possible locations for a major Disney film titled What About Bob starring Bill Murray. After a multi-state search, Virginia, in particular the Roanoke Valley, was chosen as the principle location for the film. The outdoor scenes will be shot at Bernard's Landing and Smith Mountain Lake. Disney also needs to build a large, enclosed sound stage and they have chosen the National Guard Armory on Reserve Avenue for this purpose. At the request of W. Robert Herbert, City Manager, the National Guard and the Disney representatives have worked out an agreement allowing for the use of the Armory as well as providing appropriate indemnification and insurance coverage to protect the interests of the City of Roanoke and such other provisions as deemed necessary by the City Manager. Walt Disney Pictures is contracting with off-duty Roanoke City Police officers and emergency medical technicians for 24-hour security and medical service. Walt Disney Pictures will be using the National Guard Armory for up to ten weeks, during which time they will inject $1-2 million into the local economy in terms of motel rooms, rentals, use of local services, etc. It is my request of this Council to pass a resolution concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard and Walt Disney Pictures for use of the National Guard Armory. Room 364 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703)981-2333 Members of Council August 13, 1990 Page 2 It is my request of this Council to pass a resolution concurring in a license agreement between the Commonwealth of Virginia, Virginia National Guard and Walt Disney Pictures for use of the National Guard Armory. EBR/EDC:kds cc: City Attorney Manager, Parks and Recreation Risk Management i~.~RetfUlly S~ed, Assistant City Manager Office of the City Clerk August 15, 1990 File #236-178-200 Mr. ~. Robert HerDert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30185-81390 approving the loan of Community Development Block Grant (CDBG) funds to Susan J. Bottenfield and Sharol R. Stoneburner, in an amount not to exceed $19,250.00, and to Sharon R. Overton, in an amount not to exceed $15,500.00, in connection with the City's Home Purchase Assistance Program; authorizing you to execute documents approved as to form by the City Attorney necessary to implement and admi- nister the loans, including Construction Disbursement Agreements; authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deeds of trust securing the notes for each of the loans; authorizing you to execute cer- tificates of satisfaction upon full payment and satisfaction of the loans; and authorizing recordation by the City Attorney of the certificates of satisfaction in the Office of the Clerk of the Circuit Court for the City of Roanoke. Resolution No. 30185-81390 Nas adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, Mary F. Par er, CMC/AAE City Clerk MFP:sw EnCo pc: Ms. Susan J. Bottenfield and Ms. Sharol R. Stoneburner, 517 Allison Avenue, S. W., Roanoke, Virginia 24016 Ms. Sharon R. Overton, 547 Mountain Avenue, S. W., Roanoke, Virginia 24016 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. W. Robert Herbert Page 2 August 15, 1990 pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. ~., Roanoke, Virginia 24017 Mr. ~ilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Ms. Deborah J. Moses, Mr. William F. Clark, Mr. Ronald H. Miller, Administrator Mr. H. Daniel Pollock, Ms. Director of Finance Chief of Billings and Collections Director of Public Works Building Commissioner/Zoning Housing Development Coordinator Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30185-81390. VIRGINIA, A RESOLUTION approving the loan of Community Development Block Grant (CDBG) funds to individuals in connection with the City's Rome Purchase Assistance Program, authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to imple- ment and administer the loans, including Construction Disbursement Agreements, authorizing the City Attorney and Director of Finance to serve as trustees with regard to the related deeds of trust securing the notes for each of the loans, authorizing the City ~anager to exe- cute certificates of satisfaction upon full payment and satisfaction of the loans; and authorizing recordation by the City Attorney of the certificates of satisfaction in the Office of the Clerk of the Circuit Court for the Clty-bf Roanoke. WHEREAS, Council has previously approved the concept of the Home Purchase Assistance Program in which the City will provide loans for purchase, closing costs and additional property rehabilitation from CDBG funds to low-moderate income households agreeing to buy and re- pair certain identified substandard housing, contingent upon approval by the Virginia ~ousing Development Authority (VHDA) of State rehabili- tation loans. T~EREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to loan CDBG funds in connection with the City's Home Purchase Assistance Program to the individuals identified in the City Manager's report dated August 13, 1990, upon the terms and conditions set forth therein. 2. The City Manager is hereby authorized for and on behalf of the City to execute documents approved as to form by the City Attor- ney necessary to implement and administer the loan, including a Con- struction Disbursement Agreement, in connection with the Home Purchase Assistance Program loan to be made to Susan J. Bottenfield and Sharol H. Stoneburner, which loan amount shall not exceed $19,250.00 for the purchase price, closing costs and attorney fees and rehabilitation of the property at 1118 Fifteenth Street, S. E., in accordance with the recommendations contained in the City Manager's report dated August 13, 1990. 3. The City Manager is hereby authorized for and on behalf of the City to execute.documents approved as to form by the City Attor- ney necessary to implement and administer the loan, including a Con- struction Disbursement Agreement, in connection with the Home Purchase Assistance Program loan to be made to Sharon R. Overton, which loan amount shall not exceed $15,500.00 for the purchase price, closing costs, attorney fees and rehabilitation of the property at 541 Mountain Avenue, S. W., in accordance with the recommendations con- tained in the City Manager's report dated August 13, 1990. 4. To secure payment of the loans of CDBG funds made under the Home Purchase Assistance Program and performance by the loan recipi- ents, each recipient shall execute a deed of trust and deed of trust note, which documents shall be approved as to form by the City Attorney. 5. Wilburn C. Dibling, Jr., City Attorney, and Joel M. Schlanger, Director of Finance (hereinafter "Trustees"), are hereby authorized to serve as Trustees for and on behalf of the City as beneficiary. 6. Pursuant to $26-49, Code of Virginia (1950), as amended, City Council reserves the right in its sole discretion for any reason what- soever to appoint a substitute trustee or trustees. 7. Upon payment or full satisfaction of the debt secured by the deed of trust and delivery of the cancelled deed of trust note to the person or persons by whom it was paid, the City Manager shall be authorized to execute a certificate of satisfaction upon form prepared by the City Attorney, and the City Attorney shall be authorized to file such certificate of satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Community Development Block Grant Loans under the Home Purchase Assistance Program. I. Background $220~000 from the Virginia Housing Partnership Fund's Single Family Rehabilitation and Energy Conservation Loan Program, and $240,000 in Community Development Block Grant (CBBG) funds were allocated to the Home Purchase Assistance Program (HPAP) by City Council on :June 26, 1989, allowing the City to provide loans to iow-moderate income house- holds agreeing to buy and repair certain identified substandard houses. The Program is administered iointly by the City and the Roanoke Redevelopment and Housing Authority (RRHA), as outlined in the City's contract for services with the RRHA. B. Program design is as follows: State Department of Housing and Community Development (DHCD) and Virginia Housing Development Authority (VHDA) jointly administer the Single Family Rehabilitation and Energy Conservation Loan Program. VHDA provides loan approval and servicing for $20,000 maximum rehabilitation loan/grants available to qualifying low~moderate income households at 4% interest with 15 year terms. These loans are approved and serviced by VHDA, but loans are packaged locally by RRHA. City provides CDBG loans for purchase, closing costs and addi- tional property rehabilitation (beyond VHDA's $20,000 maximum if needed) at 4% interest with 10 - 15 year terms. These loans are approved and serviced by the City. 3. RRHA oversees the rehabilitation repairs to the properties. II. Current Situation Home Purchase Assistance Program Selection Committee, which is composed of both RRHA and City staff, recommends approval of loan applications for two (2) low-moderate income households to purchase and rehabilitate homes through the Program, subject to approval of rehabilitation financing from the State as follows: $19,700 State rehabilitation loan and CDBG loan not to exceed ~,250 to Susan 3. Bottenfield and Sharol R. Stoneburner for the purchase ($17,000 purchase price, $350 attorney's fees, and $1,600 closing costs) and rehabilitation (approximately $300 additional reha- bilitation) of 1118 Fifteenth Street, SE, Tax Parcel # 4220905; Honorable Mayor and Members of Council August 13, 1990 Page Two ,000 State rehabilitation ioan and CDBG loan not to exceed 5--0-6 to Sharon R. Overton for the purchase (557000 purchase price 5350 attorney's fees, and 51,220 closing costs) and rehabilitation (approximately 58,930 in additional rehabilitation) of 5#1 Mountain Avenue, SW~ Tax Parcel # 1120g19. VHDA has notified the City that the State rehabilitation loans for these two (2) low-moderate income households have been approved. C. City Council's approval to provide loans of CDBG funds to these two (2) low-moderate income households is necessary to allow the purchase and rehabilitation of two (2) currently substandard vacant properties to occur. II1. Issues A. Cost to the City. B. Effect of housing conditions. C. Timing. D. Administration. IV. Alternatives A. Approve CDBG loan not to exceed 519,250 to Susan Bottenfield and Sharol R. Stoneburner for the purchase and rehabilitation of Ills Fifteenth Street~ SE.~ and approve CDBG loan not to exceed to Sharon R. Overton for the purchase and rehabilitation of 5#1 Mountain Avenue~ SW.~ under the Home Purchase Assistance Program~ and authorize the City Manager to execute documents to be approved as to form by the City Attorney necessary to implement and administer the loans, including the Construction Disbursement Agreements. Upon payment or full satisfaction of the debt secured by the Deed of Trust and delivery of the cancelled Deed of Trust Note to the person or per- sons by whom it was paid, the City Manager wili execute a Certificate of Satisfaction upon a form prepared by the City Attorney, and the City Attorney shall file such Certificate of Satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. Notes evi- dencing these loans and the Deeds of Trust (naming 3oel M. Schlanger and ~qilburn C. Dibling, 3r. as Trustees) securing these loans to be approved as to form by the City Attorney (Attachments). Cost to the City will be 53#,7.50 in CDBG loans. Funding is available in the Grant Fund in CDBG account number 035-0gg-gg20-5115. Funds will revolve back to the City over a fifteen (15) year period with #% interest. The City will receive increased tax revenue on the improved properties· Honorable Mayor and Members of Council August 13, 1990 Page 3 Effect on housing conditions will be positive as home-ownership opportunities will be provided to low-moderate income households who will rehabilitate and occupy two (2) currently substandard vacant properties thereby contributing to neighborhood stabilization and rejuvenation. Timing is such that immediate Council approval of the CDBG loans is necessary to allow closing to be held as provided in agreements between the sellers and purchasers of these two (2) properties. Delay in approving these loans will likely cause termination of purchase agreements between buyers and sellers. 4. Administration of the rehabilitation will be overseen by RRHA, as provided for in the City's contract for services. Servicing of the City's loans will be handled by City's Office of Billings and Collections. B. Do not approve CDBG loans. Cost to the City can be recognized as lost opportunity cost, as two (2) vacant, deteriorating properties will probably not be rehabili- tated and occupied by home-owners. The City will not receive increased tax revenue from the improved properties, and the tax base of nearby properties is likely to suffer as well. Effect on housing conditions will be negative as two (2) vacant, substandard properties probably will continue to deteriorate to the detriment of surrounding properties and neighborhoods. Further, two (2) home-ownership opportunities for low-moderate income house- holds will be lost. 3. Timing would require prompt notification to both the low=moderate income purchasers and the sellers that the sales cannot close. #. Administration would not be an issue. V. Recommendations: Adopt Alternative A~ thereby approving CDBG loan not to exceed $19,250 to Susan 3. Bottenfield and Sharol R. Stoneburner for the purchase and rehabilitation of 1118 Fifteenth Street, SE., and approve CDBG loan not to exceed $15~500 to Sharon R. Overton for the purchase and rehabilitation of Mountain Avenue, SW., under the Home Purchase Assistance Program, and authorize the City Manager to execute documents to be approved as to form by the City Attorney necessary to implement and administer the loans, including the Construction Disbursement Agreements. Upon payment or full satisfaction of the debt secured by the Deed of Trust and delivery of the cancelled Deed of Trust Note to the person or persons by whom it was paid, the City Manager will execute a Certificate of Satisfaction upon a form prepared by the City Attorney, and the City Attorney shall file such Certificate of Satisfaction in the Office of the Clerk of the Circuit Court of the City of Roanoke. Notes evidencing these loans and the Deeds of Trust (naming Joel M. Schlanger and gVilburn C. Dibling, ~r. as Trustees) securing these loans to be approved as to form by the City Attorney (Attachments). Honorable Mayor and Members of Council August I3, 1990 Page Four City Manager BC:vs(CR.#I, #1.1, #1.2) CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Chief, Office of Billings and Collections Birector ~ RRHA ATTACHMENTS CITY OF ROANOKE, VIRGINIA DEED OF TRUST NOTE $ Roanoke, Virginia , 19 FOR VALUE RECEIVED, the undersigned jointly and severally promise to pay to the order of the City of Roanoke, Virginia (the "Noteholder"), the principal sum of Dollars ($ with interest on the unpaid principal balance from the first day of the second month following the month in which closing occurs, until paid, at the rate of four percent (#%) per annum. The principal and interest shall be payable at the principal office of the City of Roanoke, Department of Billings and Collections, or such other place as the Noteholder may designate in writing, in consecutive monthly installments of Dollars ($ ) each, on the first day of each month beginning 19__, and continuing on the like day of each successive month thereafter until the entire indebtedness evidenced hereby is fully paid, except that any remaining, if not sooner paid, shall be due and payable on the 1st day of , 19__. AIl payments received by the Noteholder on account of this Note shall be first applied to accrued interest and the residue to reduction of principal. The undersigned shall pay to the Noteholder a late charge of five percent (5%) of any installment not received by the Noteholder within fifteen (15) days of its due date. If there is a breach of any of the covenants contained in the Deed of Trust to Joel M. Schlanger and Wilburn C. Dibling, Jr., Trustees, of even date herewith and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, which said Deed of Irust secures the debt hereby evidenced, or in the event that any monthly installment due under this Note is not paid when due and remains unpaid for a period of fifteen (15) days after written notice is sent, stating that any of the parties hereto shall be in default, then the entire principal amount outstanding hereunder and accrued interest thereon shall, at the option of the Noteholder, immediately become due and payable for all pur- poses whatsoever, and its collection may be enforced by any remedy in law or in equity. Failure to exercise such option upon default shall not constitute waiver of the right to exercise such option upon any subsequent default. The time of payment of all or any part of the debt hereby evidenced may be extended or renewed from time to time by the Noteholder, and no such extension or renewal shall in any way waive or release the liability of anyone in any way liable for the payment hereof. The right is reserved to prepay this Note, in whole or in part, on any installment due date. At the option of the Noteholder, prepayments shall be applied to reduction of the indebtedness in the inverse order of maturity of the installments provided for herein. The loan evidenced by this Note is being made to finance purchase and/or improvement of certain property pursuant to the Home Purchase Assistance Program. This Note and the instrument securing the same may be sold, assigned, transferred by the Noteholder. Page I of 2 The undersigned makers, and any and all endorsers, sureties, guarantors · and assumers hereol (each a "Party" and collectively the "Parties" hereto), hereby jointly and severally waive presentment~ demand, protest, notices ol dishonor and of protest~ the benelits of homestead~ and all other waivable exemptions, and all delenses and pleas on the ground of any extension(s) or renewals of the time of payment or ol the due dates of this Note, in whole or in part, before or alter maturity~ with or without notice, it being further agreed by all the makers that they, or each of them, will pay any collection expense, court costs, and reasonable attorneys' fees which may be incurred in the collec- tion or enforcement of this Note or any part hereol. This Note is secured by a Deed ol Trust of even date herewith conveying real property and other security, which real property is briefly described as located in the City of Roanoke, Virginia and more fully described in said Deed of Trust, in which Trustees are ~/ilburn C. Dibling ~Jr., and 3oel M. Schlanger. WITNESS the following signatures and seal. (SEAL) (SEAL) (address) COMMONWEALTH OF VIRGINj[A ) To-wit: CITY OF ROANOKE ) I hereby certily that the loregoing Deed of Trust Note was acknowledged belore me by , this day of My Commission expires: , 1990. Notary Public COMMON~VEALTH OF VIRGINIA CITY OF ROANOKE This is to certify that this is the Note described in and secured by Deed of Trust dated , 19 , on the Property located in Roanoke, Virginia. My commission expires: Date: Notary Public Page 2 of 2 DEED OF TRUST CITY OF ROANOKE, VIRGINIA THIS DEED OF TRUST made as of the by and between day of ,19 (herein referred to as "Grantor") and Wilburn C. Dibling, 3r., o£ the City of Roanoke, Virginia, and 3oel M. 5chlanger, of the County of Roanoke, Virginia (herein referred to as "Trustees"), either of whom may act; and the City of Roanoke, Virginia (herein referred to as the "City") legal holder of the hereinafter described note, RECITALS The parties hereto aknowledge that the Grantor has executed a deed of trust note of even date (the "Note") payable to the City in the amount of Dollars ($ ) and maturing on , 19 and evidencing a loan for the purchase and/or rehabilitation of a single family residence intended for occupancy by persons and families of low and moderate income. The Grantor desires to secure to the City the payment of certain indebtednesses of the Grantor to the City and the performance of certain covenants made by the Grantor to the City. NOW THEREFORE, tl/ITNESSETH: That for and in consideration of the provi- sions of this Deed of Trust (herein referred to as "Deed") and of $1.00 cash in hand paid and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Trustees, with General Warranty of title, the real property described with par- ticularity in Exhibit A, which is attached hereto, together with all buildings, improvements, and fixtures now or hereafter erected thereon, including without limitation all apparatus, equipment, fixtures or articles, used to supply heat, gas, air conditioning, water, light, power, refrigeration, ventilation, or other services, and all items of personal property and any other thing now or hereafter therein or thereon used in connection with the real property including without limitation screens, window shades, storm doors and windows, affixed floor coverings, screen doors, venetian blinds, awnings, stoves and water heaters (all of which are declared to be a part of said real property whether physically attached thereto or not); and also together with all rights, privileges, appur- tenances, easements belonging or in any way appertaining thereto or otherwise relating to the real property, as well as any unearned hazard insurance premium with respect to such real property, all of which are hereby pledged, assigned, transferred and set over unto the Trustees, whether now due or hereafter to become due (all of such real property herein referred to as "Property") IN TRUST, to secure to the City the performance and payment by the Grantor of the indebtednesses evidenced by a deed of trust note dated , 19 made by in the principal amount of ($ ) to the order of the City of Roanoke, Virginia (hereinafter referred to as "Secured Indebtedness") which Secured Indebtedness is due and payable on order of the City, and also to secure the due and punctual performance by Grantor of each and every covenant and agreement (hereinafter referred to as the "Secured Covenants") of the Grantor to and with the City concerning or relating to the Property. THIS DEED OF TRUST, except to the extent inconsistent with the specific and express provisions contained herein, shall in all other respects be read and construed with, and to such extent be deemed to incorporate by reference, the pro- visions of Section 55-59, Code of Virginia (1950), as in force and effect on the date of aknowledgement hereof, and shall include in short form provided in Section 55-60 of said Code the following ~rovisions: Exemptions waived Subject to all upon default Renewals and extensions permitted Insurance required dollars Substitution of Trustee permitted Any Trustee may act. The parties hereto aknowledge that the Grantor has executed a deed of trust note of even date (the "Note") payable to the City in the amount of Dollars ($ ) and maturing on , 19 and evidencing a loan for the purchase and/or rehabilitation of a single family residence intended for occupancy by persons and families of low and moderate income. The Grantor desires to secure to the City the payment of certain indebtednesses of the Grantor to the City and the performance of certain covenants made by the Grantor to the City. SECURED COVENANTS The parties hereto do further covenant and agree as follows: 1. Titled Payment and Performance. Grantor hereby covenants that Grantor is lawfully seized of an indefeasible estate in the Property in fee simple and has the right to convey it; that Grantor will execute such further assurances of title as may be requisite; that Grantor will pay punctually and promptly all of the said indebtedness; and that no purchaser hereunder shall be required to look to the application of the purchase money. 2. Maintenance of the Property. (i) Grantor shall promptly repair, restore or rebuild any part of the Property that may become damaged or destroyed while subject to the lien of this Deed; (ii) Grantor shall not commit or suffer waste of the Property; (iii) Grantor shall not commit or suffer to be done or exist on or about the Property any condition whereby the Property shall become less valuable; (iv) without prior permissio% Grantor shall not remove or demolish any part of the Property; (v) Grantor shall comply with all applicable laws, ordinances, regula- tion, covenants~ conditions and restrictions affecting the Property, and not suffer or permit any violations thereof. 3. Rents and Profits. Grantor hereby transfers, sets over and assigns to the City all rents and profits of the Property from time to time accruing, whether under leases or tenancies now existing or hereafter created, providing that the Grantor reserves the right to receive and retain such rents and profits so long as the Grantor is not in default hereunder. 4. Expenses Incurred in Collection of Secured Indebtedness. Grantor agrees to pay all expenses incurred in the collection of the indebtedness hereby secured, including reasonable attorney's fees or a reasonable fee for the services rendered by the City's Attorney in enforcing any right of the City in the collection of the indebtedness hereby secured. Page 2 5. Condemnation Under Eminent Domain, Judgements, Awards of Damages~ Settlements, and Compensation. If the Property, or any part thereof, be condemned under the power of eminent domain, the proceeds and consideration for such acquisition to the extent of the full amount then secured by this Deed of Trust, are hereby assigned by Grantor to the City of Roanoke and shall be paid forthwith and directly to the City of Roanoke to be applied on account of the then full amount of the indebtedness hereby secured. Grantor further transfers, sets over and assigns to the City all judgements, awards of damages, settlements and compensation made in con- nection with or in lieu of (i) any damage to or destruction of the Property by casualty, and (ii) any other injury or damages to the Property. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part to the reduction of the Secured lndebtednesses and/or to the performance of the Secured Covenants. 6. Default in Payment of Indebtedness. Grantor agrees that if default be made in the payment of the indebtedness or covenants hereby secured, the Trustees (i) may take possession of the real estate, or any part hereof, and lease in the name of and for the accbunt of Grantor, or in the name of and for the account of its then owner; or (ii) may give notice of such default to the lessee of the Property in the event it shall have been leased by the Grantor, and thereafter collect the rents from the lessee. ]n either of such events, the Trustees shall deduct from such rents all costs of collection and administration and apply the net proceeds to the Secured [ndebdtedness. The Trustees are hereby empowered to bring in their names, or each of them, or in the name of the owner of the Property, any suit or action they may deem advisable for the enforcement of the provisions of this clause to the same extent as if the Trustees were then lessor of the Property, but the Trustees shall be in no way personally liable under any of the provisions of such ]ease or of this clause, and shall not be personally liable to any person by virtue of their possession of the Property or by virtue of their acting under any provision of this clause, except to the extent of accounting for rents actually received by them hereunder. The rights and remedies given under this clause are in addition to and not in lieu of those given by law or by other clauses of this deed, and may be exercised without pred- judice to such other rights and remedies. 7. Default and Payment of Taxes or Assessments. Grantor further agrees that in the event of default, or in the payment of any taxes or assessments, the City of Roanoke may pay same, and all sums so advanced shall immediately attach as a lien hereunder, and be payable on demand. Upon failure or inability faithfully and fully to keep and perform any of the other conditions or covenants herein provided, then upon any and every such default so made as aforesaid, it is expressly covenanted and agreed by Grantor that the City of Roanoke may, after thirty days default, treat the whole principal debt and interest thereon hereby secured as thereupon immediately due and payable, and shall, in order to recover said principal debt or sumand interest, have the right then or thereafter at any time to sue thereon at law or in equity, or to enforce payment thereof by means of any remedies or provisions in this instrument contained, and these rights shall exist notwithstanding that, by the terms of the note or notes hereby secured, they may not on their face be due. 8. Advertisement For Sale. In the event of default occurring as described in the preceding paragraph, then the Trustees, their successors or assigns, on being requested to do so by the City of Roanoke, shall sell for cash the Property, after first advertising the time, place and terms of sale once a week for two weeks in some newspaper published in, or having a general circulation in, the county, city or town wherein the Property lies, or by any method of advertisement that the Trustees may deem advisable. Page 3 9. Entry and Receivership. In the event of any default hereunder and irrespec- tive of whether the City accelerates the maturity of ail indebtednesses secured hereby, the City may exercise the rights and remedies provided herein. [n addition, in the event of such default, the City, upon the City's written demand to the Trustees, or the Trustees, without notice, may enter upon and take possession of the Property or any part thereof, and perform personally or by their agents any acts which the City or the Trustees deem necessary or proper to operate, manage and con- serve the Property and/or have a receiver appointed. 10. Postponement or Continuance of Sale. If at the time of the sale the said Trustees, or the one acting, shall deem it best for any reason to postpone or con- tinue said sale for one or more days, they or he may do so, in which event, notice of such postponement or continuance shall be made in such manner as the Trustees, or the one acting, may deem sufficient. It is further agreed that if the said property shall be advertised for sale as herein provided and not sold, the Trustees, or the one acting, shall be entitled to one-half the commission by law provided, to be comI puted on the amount of the principal then unpaid. II. Written or Oral Representations of Default. Grantor further covenants that the Trustees may rely upon the written or oral representations of the City of Roanoke that this Deed of Trust is in default, and all action taken pursuant to notice of default and request for foreclosure shall be binding upon Grantor, the Trustees and those claiming through or under them. 12. Quiet Use~ Possession and Management. Until default in the payment of the indebtedness hereby secured, or the breach of one or more of the covenants of the note(s) evidencing the said indebtedness, or of this Deed of Trust, or the happening of any event which would constitute a default under the terms hereof, Grantor shall remain in quiet use, possession and management of the Property, and in enjoyment of the income, revenue and profits therefrom, subject to the terms of this Deed. 13. Heirs, Executors, Administrators, Successors and Assigns. The covenants contained herein shall bind, and the benefits and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number or noun shall include the plural and the plural the singular. 1#. Sales and Transfers Prohibited. During the period that the Note, is secured by this Deed, the Grantor will not, without the prior written consent of the City, sell, assign, convey or transfer, nor suffer or permit any sale, assign- ment, conveyance or transfer of all or any part of any interest in the Property or any other security hereunder. Any permitted sale, conveyance or transfer shall be on terms and conditions as the City shall prescribe. If all or any part of the Property or interest therein is sold, transferred or leased by the Grantor, or he contracts to sell~ transfer or lease the same, without the prior written consent of the City of Roanoke, the City, at its option, may declare all sums hereby secured to be immediately due and payable. No sale of the Property, forebearances on the part of the City or extension of time for the payment of the Secured Indebtednesses given by the City shall operate to release, discharge, modify, change or affect the original liability of the Grantor herein either in whole or in part. Page 13. Insurance. Grantor shah maintain property and casualty insurance for the full replacement cost of the Property~ and to maintain policies of insurance against other such hazards~ casualties and contingencies as the City may require, with ail such policies to be in form satisfactory to~ and in insurance companies approved by~ the City. The proceeds of any such insurance shall be applied to the full repayment of the Secured lndebtednesses. Such policy or policies shall~ at the option of the City~ be directed to and held by the City without liability. 16. Rights of City to Remedy Defaults. (a) If the Grantor defaults in payment of any sums or in the performance of any act required to be paid or performed by the Grantor under the provisions of any of the covenants herein, the City may, at its optio% make payment thereof or perform any act required of the Grantor~ to such extent and in any form or manner deemed expedient by the City~ and pay any other sums, expenses~ and charges including attorneys' fees which the City deems necessary and appropriate therefor. The City shall be the sole judge of the validity~ priority and amount of any such claim so paid by it and the necessity for the performance by the City of any such act which the Grantor was required but failed to perform. The City at its option~ shall be subrogated to any encumbrance~ lien, claim or demand which it has paid under the provisions hereof and any such subrogation rights shall be additional and cumulative security to those set forth in this Deed and as provided by law. (b) Upon the payment of any sums or performance of any act which the Grantor fails to pay or to perform~ the amount so paid or the cost of performing any such act~ together with other sums paid or incurred by the City (including charges, expen- ses and attorneys' fees deemed necessary or appropriate by the City to effect such payment or to perform such act) immediately and without demand, shall be paid by the Grantor to the City. The foregoing amounts shall be secured hereby. 17. Rehabilitation. (a) The Grantor agrees that it will comply with the provi- sions of all applicable federal~ state and local laws prohibiting discrimination in housing and that the Grantor~ to the extent it has employees~ and all of Grantor~s contractors and subcontractors engaged in the construction~ rehabilitation~ or management of the Property, shall provide an equal opportunity for employment without unlawful discrimination. (b) The provisions of this paragraph shall apply during the period when the Secured Indebtedness is secured by this Deed. (i) a. The Grantor shall commence and proceed with the rehabilitation with all practical dispatch~ and in an economical~ efficient and good and workmanlike manner~ in compliance with the Plans and in accordance with the provisions hereof and with all applicable laws. b. The Grantor shall commence and proceed with the provision or the performance of the labor, services or materials necessary to install, construct or complete those improvements in accordance with the work write-up or the plans and specifications for the Property which were submitted to and approved by the City (such write-up or plans and specifications are referred to herein as the "Plans"). The Plans are incorporated herein by reference. Page 3 c. In the event that any proceeding or authorization is required by any applicable law or regulations either to enable the Grantor to execute, deliver or perform its duties hereunder or to undertake and complete the Rehabilitation, the Grantor will take all steps necessary including the payment of license and permit fees, to secure such approval, or to comply with such law or regulation. d. The Grantor shall not permit any changes to the Plans without the approval of the City. Any desired changes must be approved by a change order signed by the Grantor and the Building Commissioner or the Assistant Building Commissioner for the City of Roanoke. (ii) It is agreed that the Grantor shall execute a Construction Disbursement Agreement and that the method of payment to Grantor of amounts disbursed in escrow pursuant to that Construction Disbursement Agreement this day and evidenced by the Note shall be governed by the terms and provisions of the Construction Disbursement Agreement dated ~ 19__~ and incorporated herein by reference. (iii)a. The Grantor understands that the City is subject to the requirements of the Virginia Housing Partnership Revolving Fund Guidelines as amended from time to time (referred to herein as the "Fund Guidelines"). The Grantor hereby covenants and agrees to comply with the Fund Guidelines and agrees not to act or fail to act in any way which would cause the City to be in non- compliance with any of the Fund Guidelines. b. ~qithout in any way limiting the foregoing, and without the prior written consent of the City~ the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family other than the the Grantor and his family (who~ shall at the time of execution of this Deed~ have an annual gross income less than or equal to 80% of the median family income as deter- mined by the Virginia Housing Partnership Revolving Fund for the applicable market area), for a period to expire eight years from the date hereon, and after this eight year period the Grantor shall not rent to, or otherwise allow occupancy of the Property by, any person or family who, shall at the time of occupancy, have an annual gross income greater than 80% of the median family income as then determined by the Virginia Housing Partnership Revolving Fund for the applicable market area. The Grantor shall examine and determine the income and eligibility of any person or family who is to rent or occupy the Property and shall report such determination to the Virginia Department of Housing and Community Development~ or its assigns, in such form as it shall require. Such examination and determination shall be made~ and such report shall be submitted to the City for approval prior to initial occupancy of the Property by such person or family. The Grantor will not permit the use of the Property except as a single family residence without the prior approval of the City. Page Ig. Approvals and Authorizations. All approvals and authorizations under this Deed of Trust shall be in writing from the Building Commissioner or the Assistant Building Commissioner for the City of Roanoke. 19. Events of Default. Any one or more of the following events shall consti- tute a default under this Deed: (a) Default in the payment of any portion of the Secured Indebtedness or any installment thereof, whether principal, interest, when and as the same shall become due and payable, whether at maturity or by acceleration or otherwisel or (b) Default in the due performance or observance of any Secured Covenant; or (c) Misrepresentation or omission by the Grantor of any material fact in the Application~ any supplements or amendments thereto or in or with respect to any document or information furnished pursuant thereto. (d) If the Grantor shall be involved in financial difficulties as eviden- ced: (i) by an admission in writing of its inability to pay its debts generally as they become due; (ii) by filing a petition in bankruptcy or for the adoption of an arrangement under the National Bankruptcy Act (as now or in the future amended) or an admission seeking the relief therein provided; (iii) by making an assignment for the benefit of creditors; (iv) by consenting to the appointment of a receiver or trustee for all or a substantial part of its assets or to the filing of a petition against it under said Bankruptcy Act; (v) by being adjudicated a bankrupt; (vi) by the entry of a court order appointing a receiver or trustee for all or a substantial part of the assets of Grantor or approving as filed in good faith a petition filed against it under said Bankruptcy Act; (vii) by the assumption of custody or sequestration by a court of competent jurisdiction of all or substantially all of the assets of the Grantor; (viii) by an attachment for an amount in excess of $5,000 on any substantial part of the assets of the Grantor which shall not be discharged within thirty (30) days from the making thereof; (ix) by a judgement or decree for the payment of money in excess of $5,000 being entered against the Grantor, or if an attachment, execution or levy is made upon any of its assets and the judge- ment, execution or levy, as the case may be, is not discharged or stayed within thirty (30) days from the date of the judgment, attachment, execu- tion or levy as the case any be; or (x) by default under any deed of trust recorded prior to this Deed. 20. Delay. No delay by the City or the Trustees in exercising any right or remedy hereunder or otherwise afforded by law shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 2I. Remedies Cumulative. No remedy herein contained or conferred upon the City or the Trustees is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the City or the Trustees, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Page 7 22. Headings. The headings herein are inserted for convenience ol reference and in no way define, limit or describe the scope or intent of this Deed, or of any particular provision thereof, or the proper construction thereof. 23. Entire Agreement. This writing, and all documents referred to herein, constitute the entire agreement. No modilication of this writing shall be made without written consent of the Grantor and the City. Upon the payment of all Secured Indebtednesses and upon the performance of all Secured Covenants, the Grantor covenants to pay the expenses of releasing this Deed. WITNESS the following signatures and seals. (SEAL) (SEAL) STATE OF VIRGINIA CITY OF ROANOKE, to wit: day o£ The foregoing instrument was acknowledged before me this , 19 by My commission expires: NOTARY PUBLIC Page 8 EXHIBIT A Property Description Page 9 Office of the City Clerk August 15, 1990 File #2-70 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. ~erbert: I am attaching copy of Ordinance No. 30186-81390 authorizing the execution of an option for possible acquisition of certain pro- perty located on Mecca Street off Route 460 East, with Mildred K. Peters, Charles L. McGhee and Edna L. McGhee, upon certain terms and conditions. @rdinance No. 30186-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, August 13, 1990. ~ ~.~ ~, ~o~.~SincerelY' Mary F. Parker, CMC/AAE City Clerk MFP:ra ErIC o pc: Ms. Mildred K. Peters, 2745 Orange Avenue, N. E., Roanoke, Roanoke, Virginia 24012 Mr. and Mrs. Charles L. McGhee, 4127 Mockingbird Hill, N. Roanoke. Virginia 24012 Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30186-81390. VIRGINIA, AN ORDINANCE authorizing the execution of an option for possible acquisition of certain property located on Mecca Street off Route 460 East, upon certain terms and conditions; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, the appropriate real estate option agreement granting to the City the option to purchase certain real estate located on Mecca Street off Route 460 East with Mildred K. Peters, Charles L~ McGhee and Edna L. McGhee, at an option price of $500.00 per each parcel, with right of entry during the optiom'period and a termination date of November 1, 1990, upon such other terms and conditions as are deemed necessary and appropriate for the City, as more particularly set forth in the report to this Council dated August 13, 1990. 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. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Real Estate Option Agreement- 460 East Fire Station I. BackKround: July 23~ 1990, Water Resources Committee was briefed on the draft report on real estate option agreement - 460 East Fire Station. (Attachment A) Joint venture with the Town of Vinton for fire suppression services by contract was being evaluated. "Response Time" tests were being conducted. Water Resources Committee received City Manager's recommendation as to the selection of Mecca Street location, provided evaluation of the Joint Venture with Town of Vinton "Response Times" were unacceptable or other significant concerns arose, and would request authority for the real estate option to proceed to City Council. Committee Chairman, after being briefed, advised the City Manager to proceed directly to City Council with recommendation for the Mecca Street site if response times or other concerns precluded the joint venture with the Town of Vinton. II. Current Situation City of Roanoke and Town of Vinton have reached a decision determining it is in both parties long term best interest for a station to be built and operated by the City of Roanoke. Mecca Street property owners (Mrs. Peters and Mr. McGhee) signed the option agreement on July 5, 1990. Availability of a suitable site for the alternative of constructing a fire station needs to be kept open. Authorizatioq from City Council to execute the real estate options on the Mecca Street site is needed in order to keep this alternative open. Eo Si~ned option on proposed fire station site will allow right of entry for environmental testing and survey of site. WRH/GCS/hw Attachments CC: III. Reco~nendatton: City Council authorize the City Manager to execute the real estate option on the Mecca Street site in time to proceed with the development of a fire station in the 460E corridor in the City of Roanoke. (Attachment B, map) Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Utilities and Operations Director of Administration and Public Safety Fire Chief ATTAC}LMENT A DRAFT Cl"t~ O~ ~ ]~rt~'n~A.E'~l~ry.A~ CCI~lr[CAT'[i~ July 23, 1990 Members, Water Resources Coemittee George C. Snead, Director of Administration and Public Safety through W. Robert Herbert, City Manager Option Agreement on site for Fire Station, 460 ~ast Corridor I. Back,round: ~ corridor is rapidly developing with both commercial and residential construction. 1984 Capital Bond Isa,,- included }500~000 for construction of a fire station for the 460 ~ast area. Because of the need for renovations to various elementary schools, fonds were redirected to the public schools. City-County fire station develo~t negotiations were held March 1989 through December 1989. Roanoke City and Roanoke Coonty fire officials along with City and Coonty Administrative officials evaluated and negotiated the possibility of a sins1, fire station to Jointly serve the 460 East area. Talks failed December, 1989 after many attar?ts to resolve several critical issues. Conunittee wes appointed by City N~-s~-r to proceed with plans for a Roanoke City fire station in the 460 East II. Currant Situation= Response times for fire and emergency m~te=! service are a~vi minimums established city-wide. Fire response averases 8 minutes, desired target average of 5 minutes or less, city-wide. Enersancy nedical services re~po~- averages 9.3 minutes, desired terser for advance life support under 8 minutes. July 23, 1990 Page 2 Citizen ~roups and the business co~-,pit¥ have expressed strong concerns over extended response times given the rapid development occurring in the 460g Corridor. Site evaluations were conducted by the Co-~ittee for all possible locations for the construction of the proposed fire station. (Analysis attached) Mecca Street site is the committee's recommended location for the following reasons: I. Reasonable cost; 0 Centrally located to cover required territory and adjoining territories as first responder for emergency medical services; and 1985 location study also recommended Mecca Street location. Project implementation smh~d,,lA provides for station to be operable by November 1991. Real Estate o tions have been si~ned by the property owners (Mildred K. Peters, Charles L. McGhee and Edna L. McGhee) who own the lend making up the Mecca Street site. The major conditions of the option are: Option price is $500 to the McGhees and $500 to the Peters. Right of entry is grented to the City for the purpose of determining the suitability of the property for acquisition end use by .the City for this purpose. 3. Option terminates on November 1, 1990. III. Issuesi Rezoning of property to C-1 must be accomplished by the City in order to use property as intended. O~ners have agreed to cooperate. Purchase price at closini is $51:618.74. Closing must take place on or before December 31, 1990. A. Timing. July 23, 1990 Page 3 B. Initial cost. C. Fundin~. D. Rezonin~. IV. Alternatives: A. Water Resources Co.~.ittee reco.~gd that City Council authorize the City Manager to ex.cuts the Option on the Mecca Street site. Timin~ is critical to m~et the City's project impl-mentation schedule which also m~ets the expectations of the neighborhood residmnts and business persons in the 460K area. Initial cost will b~ $1000 Option price and approxtmtely $5000 for surveying and environmental testing. iundinl is available in account nu~lmr 008 050 9653 9050. Rezonin~ mu~t b~ initiated to m~et development schedule. Be Co.mittee reco~mnd that City Council not --thori=- the City Manager to execute the Option on the Mecca Street 1. Timin~ is not an isstm. 2. Initial cost is not an isstm. 3. Fundine is not an issue. 4. Rezonin~ is not an issue. V. Recommender ion ~ Co~sittae recommend that City Council s,,tbori~- the City Hanagar to execute the option on the Mecca Street site in accordance with Alternative A. WRH/EDC/hw cc: City Attorney Director of Finance Fire Chief Chief, Economic D~velopamnt N~w T~AGT ~A ~T~EET, Office of the City Clerk August 15, 1990 File #72 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30187-81390 approving the granting of a leave of absence for educational purposes to Deborah N. Conner, an employee of the Department of Human Resources. Resolution No. 30187-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, Mary F. ParKer, CMC/AAE City Clerk MFP:sw Enc o pc: Ms. Deborah N. Conner, 4721 Autumn Lane, N. W., Roanoke, Virginia 24017 Mr. James D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent of Social Services Mr. George C. Snead, Jr., Director, Administration and Public. Safety Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 13th day of August, 1990. No. 30187-81390. A RESOLUTION approving the granting of a leave of absence for educational purposes to Deborah N. Conner, an employee of the Department of Human Resources. BE IT RESOLVED by the Council of the City of Roanoke that this Council APPROVES the granting of a leave of absence to Deborah N. Conner, Social Worker, in the Department of Human Resources, for the period of August 27, 1990, through ~ay 17, 1991, for the purpose of meeting the requirements for a ~aster's Degree in Social Work from Virginia Commonwealth University, such approval, however, being made expressly subject to said employee's written agreement to abide by each and every term and provision of $2-45, Code of the City of Roanoke (1979), z~ amended, and such rules and regulations as may be promulgated by the City ~anager; such written agreement to be approved as to form by the City Attorney. ATTEST: City Clerk. August 13, 1990 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: EDUCATIONAL LEAVE I. BACKGROUND Code of City of Roanoke (1979) as amended~ Chapter 2~ Section 2-45, states in part: Leave of Absence, not to exceed twelve consecutive months for educational purposes, can be granted a City employee upon approval by the City Manager and Council if course of study will be of continuous benefit to the City in the employee's performance. Employee granted such leave shall be compensated in an amount not exceeding fifty percent (50%) of the rate of compensation received by the employee at the commencement of the leave. Employee shall agree to remain in the employment of the City for a period of three (3) consecutive years following termination of the leave or if employment is terminated, employee will reimburse the City for all compensation paid to him during the leave. Only one employee of the City shall be granted or be on educational leave at any one time, and his duties and responsibilities must be adequately performed by another person employed by the City. II. CURRENT SITUATION Department of Social Services of the City has an employee who is completing the first year of graduate work and is requesting a leave of absence for educational purposes: 2o Deborah N. Conner, Social Worker, employed with the City since October, 1986, has completed her first year class requirements for a Master's Degree in Social Work by attending Virginia Commonwealth University's part-time program in Radford and attending classes since September, 1988. Deborah N. Conner is requesting leave beginning August 27, 1990 through May 17, 1991, to complete the requirements and obtain a Master's Degree. State Department of Social Services also has a Leave of Absence for Educational Purposes which will enable the City to claim reimbursement for 80% of one-half of salary paid to Ms. Conner. III. ISSUES A. Benefit to City. B. Coverage of Duties and Responsibilities. C. Compliance with City Code. D. Budget. IV. ALTERNATIVES Approve Leave of Absence for Educational Purposes for an employee of the Department of Social Services. Benefit to City - Upgrade Department's educational standards; and employee will be better educated to fill any administrative positions which may become vacant. Coverage of Duties and Responsibilities - Caseload will be covered by another MSW student placed in Social Services by VCU, School of Social Work. Compliance with City Code - Request complies with Chapter 2, Section 2-45 of the Code of the City of Roanoke. Budget - One-half salary for Ms. Conner for 19 pay periods will amount to $7,934.97. State Department of Social Services will reimburse 80%, leaving the total local cost $1,586.99. Do not approve Leave of Absence for Educational Purposes for an employee of the Department of Social Services. Benefit to City - There will be no benefit to the City; as the Department's educational standards will not be upgraded and there will be fewer employees with Master's Degree to consider for filling any administrative positions which may become vacant. 2. Coverage of Duties and Responsibilities - Not applicable. Compliance with City Code - Chapter 2, Section 2-45, Leave of Absence for Educational Purposes, would not be met. 4. BudKet - No change. V. RECOMMENDATION Approve Leave of Absence for Educational Purposes for Deborah N. Conner; Social Worker, of the Department of Social Services. (Alternative A.) Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/CBG/tei cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services Office of the City Clerk ~ag~st 15, I990 File #20-77-144 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30188-81390 approving the "Adopt-a-Highway" Program proposed to be established by the City · for the purpose of maintaining certain public rights-of-way ana par~s free of litter; and authorizing you to grant, by permit, local community organizations, civic, social or school groups, businesses, and individuals eighteen years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. Resolution No. 30188-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on .Monday, August 13, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. pc: Mr. William F. Clark, Director of Public Wbrks Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Gary H. Fenton, Manager, Parks, Recreation and Grounds Maintenance Mr. Cline C. Hollandsworth, Superintendent, Grounds Maintenance Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 13th day of August, 1990. No. 30188-81390. A RESOLUTION approving the "Adopt-a-Highway" Program proposed to be established by the City for the purpose of maintaining certain public rights-of-way and parks free of litter; authorizing the City Manager to grant, by permit, local community organizations, civic, social or school groups, businesses, and individuals eighteen (18) years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. WHEREAS, the Virginia Department of Transportation (VDOT) began the "Adopt-a-Highway" Program in 1988, and has encouraged localities to consider establishing similar programs to enhance the environment and the appearance of public rights-of-way and other areas. THEREFORE, BE IF RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to grant, by permit, local community organizations, civil, social or school groups, busi- nesses, and individuals eighteen (18) years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" Program, and the recommendations contained in the report of the City Manager dated August 13, 1990. 2. The form of such permits and related documents shall have been approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Adopt-a-Highway Program I. Back~round: mo Adopt-a-Hi~hwa~ program was started by the Virginia Department of Transportation (VDOT) in 1988. It allows citi- zens to assume the responsibility for keeping sections of state highways clear of litter. In return, the participants are given certain saftey supplies and signs are posted at the beginnings of the adopted sections recognizing the volunteers for their efforts. Bo VDOT has encouraged localities to consider establishing a similar program. VDOT has furnished its program's guide- lines to Roanoke for use as a guide if we chose to develop our own program. II. Current Situation: mo Adopt-a-Hi~hwa~ program proposal has been developed for the City which includes an Adopt-a-Spot program for isolated locations within public rights-of-way as well as City parks. The guidelines and related forms associated with Roanoke's program are attached and they include: 1. General Adopt-a-Highway Conditions 2. Adopt-a-Highway Permit 3. Adopt-a-Highway Pickup Report 4. Adopt-a-Highway Assumption of the Risk, Release and Hold Harmless Agreement Bo Materials furnished by the City to participants of this program include orange safety vests, signs recognizing the participants and warning motorists of their work area (see attached sample), trash bags, and safety tips regarding their conduct at the clean-up site. Costs associated with these items can be paid for from departmental operating budgets. Page 2 City accepts no liability and holds individual or group leader whose name appears on the permit form as responsible. This individual shall obtain an "Assumption of the Risk, Release and Hold Harmless Agreement" for each clean-up par- ticipant from their organization. Each agreement for a minor must be signed by the minor's legal guardian(s). III. A. Liability B. Safety C. Beautification D. Cost IV. Alternatives: Authorize the City Manager to grant, by permit, local com- munity organizations, such as civic, social or school groups; businesses; and individuals 18 years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. Liabilit~ would be on the individual or group leader whose name appears on the permit form. City would accept no liability. Safety of the participants would require the par- ticipants to hold meetings twice a year to review safety guidelines. Selection of roadways and other public areas eligible for this program will involve strong con- sideration for pedestrian safety. 3. Beautification efforts by the City's Grounds Maintenance Department are enhanced. Cost of implementing and maintaining this program can be funded from departmental operating budgets, with the same expenses being eligible for VDOT maintenance fund reimbursement. Page 3 W~/RKB/mm Attachments: CC: Bo Do not authorize the City Manager to grant, by permit, local community organizations, such as civic, social or school groups; businesses; and individuals 18 years or older to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. 1. Liability is not an issue. 2. Safety is not an issue. 3. Beautification efforts are not enhanced. 4. Cost is not an issue. Recommendation is that Council authorize the City Manager to grant, by permit, local community organizations, such as civic, social or school groups; businesses; and individuals 18 years or older permission to adopt highways and other public areas in accordance with the City's "Adopt-a-Highway" conditions. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety Manager, Parks, Recreation and Grounds Maintenance City Engineer Superintendent, Grounds Maintenance and dare to care about Hoanoka City of Roanoke C~m~eral ~lopt-a-Hi~hway Ceaditions 1. City maintained streets will be eligible for adoption. Eligible sections will be selected by the City M~nager or an appuinted representative. 2. Litter pickup will be dome an both sides of the roadway four times a year, m~re often if necessary. 3. Local community organizations, such as civic, social or school groups, will be allowed to adopt highways, as will individuals 18 years or older. Participants must have approved applications on file with tbe City. Each organization must return a properly e~cuted Assumption of the Risk, P~lease and Hold Harmless Agreement for each individual participating in tho Adopt-a-Highway program before any clean-up a~tivities may bin. 4. Businesses that wish to sponsor groups tomy do so; the business ~ will go on tho sign in block letters. No business slog~ms or logos will be allowed. 5. The City reserves tho right to deny adoption requests by any group, individual or business for any reason, including any of the following: A) Safety of the participants, passing motorists or City employees. B) Expense above the normal Adopt-a-Highway program expenses. C) Effectivemess of the litter control by tho participants. D) ~ to the public ~mage of tho Adopt-a-Highway program or of tho City. 6. Participants will be required to adopt for two years. 7. Participants must hold meetings at least twice a year to review safety and othor guidelines. No par- ticipant may be involved in a litter pickup unless ho/she has attended at l~t one such meeting a year. 8. The City will supply participants with safety information, plastic trash begs and safety vests. The ~steriala will be picked up fram tho City during work hours tho woek before the pickup. 9. If participants c~mot dispose of tho filled trash begs, pickup c=~ be scheduled with tho City. 10. Participants are ancouraged to separate and recycle appropriate materials for thoir benefit. 11. Signs noting tho program and the participants will be installed at the beginning of the adopted sections, oma in each direction. Only the ra~m of the adopting group or individual will be displayed an the sign. No slogans, logos, advertis~,~nts or phrases othor than the Adopt-a-Highway promotion will be allowod om the sign. Recognized neighborhood organizations ~ be able to have signs posted at major entrances to their nsighberhood, at a rate of one sign per centerline mile of streets in tho neighborhood. The signs will include a fold-down, diamond-shaped orange sign saying "Cle~up Crew kbrktng". Wnsn tho sign is folded up, the beck will display an anti-litter decal. These signs will be tho only signs nsad to promote the Adopt-a-Highway program along tho roadsides. Page 2 12. The City will bear tho cost of producing, installing and rm~ntaining tho signs. The participants will ho responsible for opening tho fold-down signs before starting tho pickup a~J closing them after its cc~ple- tion. 13. The City will monitor tho program. The City Engfn~r, or his appointed representative, will ho tho con- tact person (981-2731) for tho adopting groups. An adoption can ho terminated for any reason, including if the work of tho participating group or individual interferes with traffic, is considered unmtfe, is inadequate for effective litter control or is inconsistest with tho A~dopt-a-High~y Program. 14. After each pickup, adopting group~ will file a pickup report detailing the number of people involved, number of hags of litter picked up, hours spent, etc. Pre-printed forms will ho furnished by tho City for making the reports, which will ho filed with tho City. Records an tho program will ho k~pt by tho Grounds Maintenance Depart2mnt with tho City Engineering Department serving as tho clearinghouse of the infor- mation for interested groups/~dia inquiries. 15. Adopting groupa will ho e~ncouraged to echedule two of thoir four pickups in April and October to coincide with tho statewide cleanup~ for Historic Garden Week and Recycling Month, respectively. 16. The above condition8 also apply to tho Adopt-a-Spot program which provides for isolated locations within public rights-of-way as ~11 as City parks. 17. Participants are encouraged to report othor defects or conditions requiring special att~tion co tho pickup report. 18. Tho City reserves tho right to revise those conditions as needed. In addition to the general conditions above: 1. A mi~f~ two-mile section of arterial highway (primary routes numbered between 1 and 599) will ho eli- gible for adoption. 1-581/Roy L. Webhor Expressway will not ho eligible. 2. Groups with members less than 15 years old umst be supervised by adults 18 years or older. There will be one adult per eight under-age group m~mbers, large group~ should be divided into t~a,~ of eight or fewor m~mhers. Each team should stay on coe side of tho road facing tho traffic, with no work during pe~k traffic hours. Date ADOPT-A-HIGHWAY PE~HIT In order to enhance the environment and the appearance of roadsides, we request per- mission to "Adopt-a-Highway" on (street name) from to in the City of Roanoke, totaling miles (include tenths). The work will be performed under and in accordance with the City of Roanoke's "Adopt-a-Highway" conditions attached to this permit and incorporated herein by reference. Applicants to whom permits are issued shall at all times indemnify and save harmless the City, its officers, agents and employees, from responsibility, damage or liability arising from the exercise of the privileges granted in such permits. This permit may be terminated by the City of Roanoke at any time for any reason, or no reason at all, including if the applicants do not comply with the permit or at any time the applicants' work is unsafe or causes a conflict with traffic. The City reserves the right to revise or discontinue this program at any time. NAME (please print) SIGNATURE TITLE (if applicable) ADDRESS PHONE NUMBER (home) (work) NAME TO APPEAR ON SIGN PERMISSION is hereby given insofar as Resolution No. was passed by Roanoke City Council on , 1990 authorizing the City Manager to execute permits when appropriate. City Manager Date cc: City Engineer Grounds Maintenance ADOPT-A-HIGItWAY PICKUP REPORT Please complete the information requested below and return this form in the preaddressed envelope to: City of Roanoke Grounds Maintenance 210 Reserve Avenue, S.W. Roanoke, Virginia 24016 Adoption person/group (please print) Location of adopted section Pickup date Number of Persons Start Time/Completion Time # of bags Comments: Signature Date CITY OF ROANOKE ADOPT-A-HIGHWAY PROGRAM ASSUMPTION OF THE RISK, RELEASE AND HOLD HARMLES~ AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, including the permission to partici- pate in the City of Roanoke Adopt-A-Highway Program (hereinafter referred to as "activities"), the undersigned hereby acknowledges, covenants and agrees as follows: (1) Participation in the activities involves exposure to inherent risks and dangers, including, without limitation, exposure to moving vehicles and bicycles, exposure to animals, tame or otherwise, and exposure to trash, rubbish and garbage and the germs, viruses and infections related to and arising out of the handling of said trash, rubbish and garbage, and the undersigned assumes all such risks and dangers, whether foreseen or unforeseen, of participation in the acti- vities; (2) The undersigned is completely responsible for the under- signed's own safety and well-being during the undersigned's partici- pation in the activities; (3) The undersigned, and for the undersigned's successors, assigns, heirs, executors and administrators, releases and holds harmless the City, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related to the undersigned's participation in the activities including, without limitation, injuries which occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of the City, its officers, agents or employees; (4) The undersigned, and for the undersigned's successors, assigns, heirs, executors or administrators, shall indemnify the City of Roanoke, its officers, agents and employees, from any and all liability, actions, causes of action, claims, debts, and demands of any kind and nature, including costs, expenses and attorney's fees, incurred by the City, its officers, agents or employees, as a result of, arising out of or related to, any act, intentional, reckless, negligent or otherwise, by the undersigned during the course of the undersigned's participation in the activities; and (5) The undersigned is eighteen years of age or older, has read this document completely and understands its contents, and is legally competent to execute the same. Any person signing this document who is not eighteen years of age or older must have this document signed by the undersigned's legal guardian or guardians. WITNESS: Date: (Undersigned) (Guardian if under 18 yrs. of age) (Guardian if under 18 yrs. of age) .LITTER CONTROL NEXT 2 MILES COLDWATER ~ . CIVIC ASSN. ADOPT-A-HIGHWAY CLEANUP ........... -E)-REW WORKING 36" X ~.4" " 81JJE/W~IITE LEGEND g" ]:) U.C.I.E~ERS 30" ~ ~0" ORAHC~E/BLAC.,K LEGF. J'iD (~R.E TE~,T-t4~ VARY) I-III'(GED FOR FOLD UP Office of the City Clerk August 15, 1990 File #60-304-305 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30189-81390 amending and reord~ining certain sections of the 1990-91 General Fund Appropriations, providing for appropriation of funds, in the total amount of $42,929.UU, which were received from the Virginia Department of Youth and Family Services to be distributed to the Crisis Intervention Center, Roanoke Family Oriented Group Home, the Juvenile Probation House, the Juvenile Detention Home, and the Juvenile Detention Home -- Outreach. Ordinance No. 3~189- 81390 was adopted by the Council of the City of Roanoke *at a regular meeting held on Monday, August 13, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Mr. Mark C. Johnson, Superintendent, Roanoke Juvenile Detention Home Ms. Andrea B. Krochalis, Group Home Program Manager, Crisis Intervention Center (Sanctuary) Mr. Jack E. Trent, Group Home Program Manager, Juvenile Probation House (Youth Haven I) Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 AN ORDINANCE the 1990-91 General emergency. WHEREAS, for Government of the exist. IN '£~COUNCIL OF '£~ CITY OF ROANOKE, VIRGINIA The 13th day of August, 1990. No. 30189-81390. to emend and reordain certain sections Fund Appropriations, and providing for of the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 General Fund Appropriations, be, and the seme are hereby, emended and reordained to read as follows, in part: APPropriations Public Safety .. Crisis Intervention (1-3) ......................... Juvenile Probation House (4) ...................... Juvenile Detention Home (5) ....................... Outreach Detention (6) ............................ $27,386,352 386,607 345,405 635,696 159,477 Revenue Grants-in-Aid Commonwealth $53,258,222 Other Categorical Aid (7) ......................... 13,812,245 1) 2) 3) 4) 5) 6) Temporary Employee Wages Fees for Prof. Services (001-054-3360-2010) $ 1,418 Expendable Equip. (001-054-3360-2035) 5,000 Purchased Services (001-054-3360-3160) 11,293 Expendable Equip. (001-054-3350-2035) . 6,387 Other Equipment (001-054-3320-9015) 14,923 (001-054-3330-1004) 3,908 7) Juvenile Facilities Block Grant (001-020-1234-065l) $42,929 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. A~-~'~ST: this City Clerk. August 13, 1990 · Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: FUNDS FRO(4 DEPARIT4ENT OF YOUTH AND FAMILY SERVICES I. BACKGROUND The Virginia Department of Youth and Family Services each year reserves three percent (3%) of its funds available for Block Grants to localities to cover any emergencies that may arise during the year. Funds remaining in this account at the end of the fiscal year are appropriated by formula to local programs. City of Roanoke received funds from the Commonwealth of Virginia's Department of Youth and Family Services from the three percent (3%) reserve. These funds must be encumbered during the current fiscal year (Fiscal Year 1990 - 1991). II. CURRENT SITUATION Department of Youth and Family Services has issued these funds to the City of Roanoke to be distributed as follows: Crisis Intervention Center (Sanctuary) Roanoke Family Oriented Group Home Juvenile Probation House (Youth Haven I) Juvenile Detention Home Juvenile Detention Home -- Outreach $ 6,418.14 $11,292.84 $ 6,387.65 $14,922.85 $ 3,907.81 TOTAL $42,929.29 The three percent (3%) reserve apportionments are subject to the Department of Youth and Family Services' regulations, which require the funds be expended within existing program budgets. Funds are to be accounted for in existing local recordkeeping procedures in departmental budgets. Local match is not required. III. ISSUES A. Budget B. Needs of Cit~ Departments C. Time IV. ALTERNATIVES Appropriate the three percent (3%) reserve apportionments to the Crisis Intervention Center {Sanctuary), the Juvenile Probation House (Youth Haven I), the Juvenile Detention Home, and the Juvenile Detention Home -- Outreach. 1. Budget. All funds have been received by the City. Needs of City Departments. The departments have identified needs for these monies, which would offset local costs. 3. Time. Funds will be spent in the current fiscal year. Do not appropriate the three percent (3%) reserve apportionments to the Crisis Intervention Center (Sanctuary), the Juvenile Probation House (Youth Haven I), the Juvenile Detention Home, and the Juvenile Detention Home -- Outreach. Budget. Funds already received would be returned to the Department of Youth and Family Services. 2. Needs of City Departments. Departments could not meet identified needs and would incur greater local costs. Time. Time would no longer be a consideration, since funds would be returned. V. RECOI~4ENDATION Ao Appropriate the three percent (3%) reserve apportionments to the Crisis Intervention Center (Sanctuary), the Juvenile Probation House (Youth Haven I)~ the Juvenile Detention Home~ and the Juvenile Detention Home -- Outreach (Alternative A)~ and increase the corresponding budgets? as follows: Crisis Intervention Center (Sanctuary) Transportation and Testing 001-054-3360-2010 Household Furnishings 001-054-3360-2035 Family Oriented Group Home 001-054-3360-3160 Juvenile Probation House (Youth Haven I) Expended Tools and Equipment 001-054-3350-2035 Juvenile Detention Home Other Equipment {nine {9} dormitory security doors) 001-054-3320-9015 $ 1,418.14 $ 5,ooo.oo $11,292.84 $ 6,387.65 $14,922.85 Juvenile Detention Home -- Outreach Temporary Employee Wages 001-054-3330-1004 3,907.81 TOTAL APPROPRIATIONS $42,929.29 REVENUE ESTIMATE Juvenile Facilities Block Grant 001-020-1234-0652 $42,929,29 Respectfully submitted, W. Robert Herbert City Manager WRH/ABK/ksf CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Mark C. Johnson, Superintendent, Roanoke Juvenile Detention Home Andrea B. Krochalis, Group Home Program Manager, Crisis Intervention Center {Sanctuary) Jack E. Trent, Group Home Program Manager, Juvenile Probation House (Youth Haven I) Office of the City Clerk August 15, 1990 File #60-70-472 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30190-81390 amending and reordaining certain sections of the 1990-91 Grant Fund Appropria- tions, providing for the acceptance and appropriation of funds, in the total amount of $108,410.00, from the State Department of Fire Programs to provide for the procurement of materials and equipment for training and development in the Fire Department. ©rdinance No. 30190-81390 was adopted by the Council of the City of Roanoke at a regular meeting held oa Monday, August 13, 1990. Sincerely, ~.~ ~ary F. Parker, C~C/AAE City Clerk MFP:sw Enc. pc: Mr. ~. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Rawleigh W. Quarles, Fire Chief Mr. Barry L. Key, ~anager, Cffice of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN TIIECOUNCIL OF '£~ CITY OF ROANOKE, VIRGINIA The 13th day of August, 1990. No. 30190-81390. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke Appropriations, THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1990-91 Grant Fund be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Fire Program Fund FY 91 Revenue Public Safety Fire Program Fund FY 91 $ 937,232 108,410 $ 937,232 108,410 1) Expendable Equipment 2) Training and Development 3) State Grant Revenue (035-050-3219-2035) (035-050-3219-2044) (035-035-1234-7054) $ 80,410 28,000 108,410 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia AUgust 13, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Fire Program Fund I. Background mo Fire ProKram Fund was established by the General Assembly effective October 4, 1985, pursuant to Section 38.1-44.1 of the Code of Virginia. The sunset clause requiring expiration of this fund July 1, 1990 has now been re- moved; thus, the City's annual allotment of state funds will continue indefinitely. B. Revenue to support this program are derived from an .8% surcharge on all fire insurance premiums collected throughout the Commonwealth. C. Pro,ram Guidelines require that funds received are to be non-supplantinR and must be used in accordance with the provisions established by the State Department of Fire Programs. Funds provided by this program may be used for the following: Fire service training - the fire department may use money received to purchase equipment for training programs, employment of outside instruction and tuition reimbursement of approved training. Regional fire service training facilities funds may be used to construct, improve and expand region- al fire service training facilities. Firefighting equipment - funds may be used to pur- chase fire hose, forcible entry tools, ladders, radio equipment, etcetera. Personal protective clothinK - funds may be used to purchase helmets, eye protection, protective hoods, boots, coats, pants and gloves. Members of Council Subject: Fire Program Fund Page 2 II. E. Prohibited uses of funds are as follows: Construction~ improving and expanding any training facilities other than Regional Fire Service Training Facilities. 2o Firefi~hting equipment other than that equipment and appurtenances attached thereto required and used at the scene of a fire to deliver water or other extin- guishing agents on the fire, remove smoke and gases, protect property from smoke and water damage and assure the fire is extinguished. Personal protective clothing that does not meet, at a minimum, the National Fire Protection Association Standards in effect at the time the purchase is made. F. Local cash match is not required. Current Situation: City's allotment of funds ($108,409.71) was received by the City Treasurer on June 30, 1990. Bo City Council action is needed to accept and appropriate these funds. Authorize the Director of Finance to establish revenue estimates and appropriation accounts in the Grants Program Fund to purchase equipment in accor- dance with provisions of this program as follows: Expendable Equipment $80~409.71. To purchase improved protective clothing, hand tools, nozzles, upgrade self contained breathing apparatus and other fire suppression equipment. 2o Training and Development - $28~000.00. To purchase training films, books and manuals to be used in the department's training program. III. Issues in order of importance are: A. Need. B. Funds availability. IV. Alternatives: City Council accept funds from the State Department of Fire Programs and appropriate them to expenditure ac- counts for the procurement of materials and equipment for training and development. Members of Council Subject: Fire Program Fund Page 3 Vo Bo 1. Need exists to purchase training aids, firefighting equipment and to improve protective clothing. 2. Fund availability would be met by accepting the Fire Programs Fund allotment. Do not accept the City's allotment from the State Depart- ment of Fire Programs. 1. Needs existing to purchase training aids, firefight- lng equipment and to improve protective clothing would not be met. 2. Additional funds would not be obtainable through the Fire Programs Fund. Reco~nendation: City Council adopt Alternative "A" which will authorize the following actions: 1. Acceptance of the ~rant award by the appropriate City Official; and 2. Establish revenue and expenditure accounts by the Director of Finance necessary to make the purchases noted in Section II-B (1) and (2) above. City Manager WRH/RWQ/cw CC: City Attorney Director of Finance Director of Administration and Public Safety Fire Chief Office of the City Clerk August 15, 1990 File #425-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herl)ert: Your report recommending authorization to execute a revocable permit for the encroachment of decorative glass and steel cano- pies attached to the facade of Center-In-The-Square over portions of the public sidewalk on Church Avenue, S. E., was before the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Question ~s raised with regard to location of the poles which, along with signage, benches and columns, encroach on pedestrian traffic. You were requested, in conjunction with officials of Center-In-The-Square, to review the matter and report to Council at its regular meeting on Monday, August 27, 1990, at 2:00 p.m. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc . pc: Mr. William S. Market Square, Mr. Timothy L. Franklin Road, Mr. ~illiam F. Hubard, President, Center-In-The-Square, One S. W., Roanoke, Virginia 24011 Jamieson, Hayes, Seay, Mattern & Mattern, 1315 S. W., Roanoke, Virginia 24014 Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia REVOCABLE PERMIT FOR STREET ENCROACHMENT CANOPIES OVER SIDEWALK AREA CENTER IN THE SQUARE Dear Members of Council: I. Back, round: Ao Center In The Square has been located at the southwest corner of Campbell Avenue, S.E. and Market Square for a number of years. Over time they have become aware that they are difficult for out-of- town visitors to locate. Bo Installation of distinctive ~lass and steel canopies over the side- walk on the Center's frontage on Campbell Avenue and Market Square was authorized by City Council by Ordinance No. 30153-72390, dated July 23, 1990. II. Current Situation: mo 0ri~inal Request from Center-In-The-Square included the request that a canopy be permitted over their Church Avenue, S.E. frontage also. By an oversight this was omitted from the original report to the Water Resources Committee and Council. Bo Certificate of Appropriateness for the installation of the canopies included approval of the Church Avenue canopy. It was granted by the Architectural Review Board on May 11, 1990. III. Issues: A. Need B. Timin~ C. Indemnification & General Liabilit~ Insurance Page 2 IV. Alternatives: City Council authorize the appropriate City officials to execute a revocable permit allowing the encroachment of decorative glass and steel canopies, attached to the facade of Center-In-The-Square, over portions of the public sidewalk on Church Avenue, S.E. (See attached letter.) 1. Need by petitioner for Council's concurrence with plans is met. 2. Timing to meet petitioners construction schedules is met. Indemnification and General Liability Insurance to be provided by petitioner. Petitioner will provide and maintain on file with the City Clerk's Office evidence of general liability, bodily injury and property damage liability insurance coverage in amounts not less than: In the case of bodily injury insurance, $1 million for injuries to one person in any one occurrence and $5,000,000 annual aggregate; b. Property insurance, $500,000 for damage in any one occurrence and $1,000,000 annual aggregate; c. In the case of general liability insurance, coverage in the amount of $1,000,000; and d. The above amounts may be met by "umbrella" coverage in a mini- mum amount of $5,000,000; and all coverages shall include the City of Roanoke, its officers, and employees and agents as additional insureds as recommended by the Risk Manager. This coverage already being provided under the requirements of the revocable permit for the Church Avenue, S.E. and Market Square canopies. Bo City Council not authorize the appropriate City officials to execute a revocable permit to Center-In-The-Square for canopies encroaching over the public sidewalk. 1. Need by petitioner for Council's concurrence is not met. 2. Timing to meet petitioner's construction schedule is not met. 3. Indemnification and General Liability Insurance is not an issue. Page 3 Vo Recommendation: Council authorize a revocable license to Center-In-The- Square for canopies over the public sidewalk on Church Avenue, S.E., in accordance with Alternative "A". WRH/KBK/RVH/fm Respectfully submitted, W. Robert Herbert City Manager Attachment CC: City Attorney Director of Finance Director of Public Works City Engineer Building Commissioner Manager, Community Planning William S. Hubard, President, Center In The Square Timm Jamison, Hayes, Seay, Mattern & Mattern CENTER INEITHE SQUARE ONE MAF~KET SQUARE F'~OANOKE, VII~GINIA 240'1 '1 ?03/342-5?00 July 31, 1990 Mr. W. Robert Herbert, City Manager City of Roanoke Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Bob: RECEIVED JUL 3 1 90 City Manager' i Office Roanoke, VA In my letter to you dated June 8, 1990 (copy attached) we requested that Roanoke City Council grant Center in the Square a revocable license to construct glass and steel canopies on our two downtown buildings and encroach into the p~blic right-of-way. As stated in my letter, our request was for canopies on; 1) our main building at One Market Square fronting on Campbell Avenue and Market Square, and 2) our new addition at 20 Church Avenue, S.E. Roanoke City Council did grant this revocable license by Ordinance No. 30153-72390 (copy attached) passed on July 9, 1990 and July 23, 1990. Unfortunately this revocable license applied only to our main building at One Market Square. We would very much appreciate your requesting Roanoke City Council to expand the coverage of that Ordinance to grant us a revocable license for a canopy on our building at 20 Church Avenue, S.E. It would be great if this could be an "emergency action" to expedite our proceeding with this much needed project. Bob, I apologize for this and hope that you will not be too upset with us. Sincerely, William S. Hubard President WSH:wd Attachment cc: Mary F. Parker, City Clerk (w/o att.) ·lune 8, 1990 Mr. #. Robert Herbert, City of Roanoke Roanoke, VA 24011 CENTER INEITHE SQUARE ONE ~ SQU,~E 703/342 -5700 WESTERN vlr'~INIA FOUNDATION FOR THE ARTS AND SCIENCES City Manager Deer Bob: As part of our program for Continued improvement and expaneton of the Facilities of Center in the Square we have acquired the Former Phelps end Armtetead building on Church Avenue, and completely remodeled that building and e large portion of our original building at a cost of over $$,000,000.00. #e have long been aware of the fact that visitors to Roanoke have had a difficult time locating us on Market Square. The City has helped significantly in overcoming this problem by erecting many large directional signs on city streets and by supporting the erection of directional signs on Interstate 81 and 581. To Further identify our location we have had beautiful glass and steel canopies designed by Hayes, Seey, Mattarn and Mattarn for the Facades of both of our buildings i.e., Campbell end Church Avenues. We have contracted with J. M. Turner Construction, Inc., ($125,000.00) to construct and install these canopies. Attached are architects design, sketch, specifications and colored rendering For these canopies as well as a letter from the City of Roanoke Architectural Review Board which constitutes a Certificate of Appropriatenss for these canopies. ge would very much appreciate your having this presented to Roanoke City Council for its approval which I understand will be in the Form of · revocable license. Please advise me who should appear to support this request and to what bodies and when. We have shown this design to Gus Pappas of the Rognoke #einer Stand. He endorses this canopy installation aa we are working closely with him to accommodate his very appropriate concern that the visibility of hie landmark eatery be preserved. Sincerely, William S. Mubard, President CC: Mrs. Elizabeth T. Bowles, Chair Water Resources Committee Mr. Gus Pappaa Roanoke Weiner Stand Mr. Kit Klear, Director of Utilities and Operations 1989 Mr. William Hubard General Manager Center in the S~uare One Narket Square Roanoke, VA 24011 Dear Hr. Hubard: ~ Subject= 'ApPlication for Certificate of Approprtatenes~ Dated 4/28/89, No. 89-029 ~e' _T~.e Architectural ReviewBoard of t · rglnla, considered he City of Roanoke at~ached Certificate~ .... ,.--. w~s ~=~, as list~ on ~e The Board expressed concern with future maintenance o5 the approved glass canopy and requested that Center in the square provided frequent (ar least Weekly) ~ainte~a~ce to ensure the. attractiveness of.the canopy. I£ you should have further question~ relative to th/s matter, please do not hesitate to contact this office at the number listed below. Sincerely, · velyn S. ~unter, Secretary Architectural Review~oazd ES~:mpf attachment cc: Hr. Ronald H~ller, Zoning Administrator f~ 35~, ~u~,o~l O~k~g 2'1 ~ ~ Av~,~u®. $.W. ~e. ~ ~40'1 ~ ' (703) 08~.23~4 III ~"" ..................... , CERTIFICATE OF M:~PROPRIATEI~SS No. 89-029 Datel Nay ll, 1989 On May ll~ 1989, the Roanoke City ~rchitectural Review Board granted this Certi£icate of ApPropriateness. to Center in the Square and approved the £ollo~ingl. ,, ., ~ 1. 7~8" laminated clear glass canopy in metal framing with vertical support columns, in Old Linen color, ~n C~.urch Avenue; Campbell Avenue and Market Square ~aoaaee; "_C.enter.in. the Square" eignage and logo, in blue :v~e~n~:,~ a~nn~J'~hd~.:h~l~tvet:u:.eon accents on Campbell and 12" formed galvanized metal tenant signs painted PittsbUrgh No. 2535 (Old Linen} on Chthroh Avenue, Campbell Avenue and Market Square. ' Individual tenant names painted in 6" lettering zone with color selection to be by tenant. Lighting for canopy (marquee lights ~nd white neon tubes). elyn S. Gunter, Secretary Roanoke City Architectural Review Board Room 355 MU~ODOl ~u~c~ng 2 t~ Chu~c~ A~ue. $.W. ~noke. Vi~a 240t ~ (703} ¢~81.2344 C~NTER IN THE SQUARE Office of the City Cle~ July 25, 1990 File #169-425 Mr. William S. Hubard President Center In The Square One Market Square Roanoke. Virginia 24011 Dear Mr. Hubard: I am enclosing four copies of Ordinance No. 30153-72390 granting a revocable license for the construction of certain building appendages encroaching over and into the right-of-way of Campbell Avenue and Market Square, located at Center In The Square, upon certain terms and conditions. Ordinance No. 30153-72390 was adopted by the Council of the City of Roanoke on first reading on Monday, July 9, 1990, also adopted by the Council on second reading on Monday, July 23, 1990. and will be in full force end effect at such time as a copy, duly signed, sealed, attested, and acknowledged by the licensee, has been admitted to record in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current cer- tificate evidencing the public liability insurance required is on file in the Office of the City Clerk. Please sign and return two copies of Ordinance No. 30153-72390, as well as the Certificate of Insurance, to the City Clerkrs Office, Room 456, Municipal Building, Roanoke, Virginia 24011. MFP:ra Sincerely, Mary F~. arker, CMC/AAE City Clerk Enc o pc: Mr. Timothy L. Jamieson, Hayes, Seay, Mattern & Mattern, Franklin Road, S. W., Roanoke, Virginia 24014 Mr. ~. Robert Herbert, City Manager Mr. ~illiam F. Clark. Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Chief of Community Planning Mr. Kit B. Kiser. Director of Utilities and Operations R~m 4~ Muniul~l Building 215 Chumh A~n~, S.W. R~n~e, Vl~lnla 2~11 ~0~ ~1-2~1 1315 Office of the City Clerk August 15, 1990 File #468B-77 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ! am attaching copy of Resolution No. 30191-81390 authorizing an agreement between the City and the Commonwealth of Virginia Department of Transportation for adjustment of Water facilities, such changes being required by Highway Project Route 155 (0115- 080-103, C501, Plantation Road). Resolution No. $0191-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~/'~ Mary F. Parker, CMC/AAE CitY Clerk MFP:sw En c. pc: Mr. Kit B. Kiser, Director of Utilities and Operations Mr. ~. Craig $1uss, Manager, 14~ter Department Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN TRE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30191-81390. VIRGINIA, A RESOLUTION authorizing an agreement between the City and the Commonwealth of Virginia Department of Transportation for adjustment of water facilities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City ~anager is hereby authorized to execute, and the City Clerk is hereby authorized to attest, respectively, for and on behalf of the City, an Agreement between City of Roanoke and Common- wealth of Virginia Department of Transportation for Adjustment of Water Facilities, such changes in the City's water facilities being required by Highway Construction Project No. 0115-080-103, C501 (ROute liS). 2. Relocation and aJdustment of the City's water facilities shall be carried out by the Commonwealth,s highway contractor in accordance with plane and specifications submitted to the City and at no expense to the City. 3. Such utility relocation work shall be inspected by the City with its own forces upon completion of the work and at no expense to the Commonwealth. 4. The form of the Agreement authorized by this resolution shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia -' · August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke County - Route 115 (Plantation Road) Highway Widening Project (0115-080-103, C 501) Water Facilities Agreement I. Background: ~oute 115 (Plantation Road) highway project, 0115-080-103, C-501, is a four-lane roadway widening project identified for Roanoke County in the State's Six-Year Highway Improvement Program. The project extends from 0.3 miles north of Route 11 to Interstate 81, a total distance of 0.5 mile. Bo City/County Water-Sewer A~reement of August 13, 1979, (Ordinance No. 24754) allowed the City to retain rights to the utility lines that are the subject of the proposed agreement. II. Current Situation: A. Construction of this project is tentatively scheduled to begin in September, 1990. B. The City of Roanok~ is the owner of the water lines along Route 115 and it is to the City's benefit to have the VDOT's contractor make the necessary adjustments as the new roadwork is accomplished. C. Utilitz_~reement requested by VDOT is routine and provides for the adjustment of City water facilities on this project. D. Adjustment of these facilities has been designed by the VDOT with City review and approval. E. ~ost to make necessary adjustments is 100% VDOT cost. Cost to the City is zero, except for inspections using current employees. Page 2 III. Issues in order of importance: A. Legal obligations B. En~ineerin~ concerns C. Funding D. Time IV. Alternatives: A. Authorize the City Manager to execute the City/VDOT Agreement for water facility adjustments on behalf of the City. 1. ~tions of this agreement include: a. No share in the cost of the water facility adjustments by the City; b. City inspect the utility adjustment work at no cost to the project. 2. En~ineerin~ concerns are addressed by: a. Detailed plan development b. Detailed review relative to the necessary utility adjustment c. Coordination throughout the project period. 3. ~undin~ is not an issue since there is no direct cost to the City. 4. Time is important as construction is tentatively scheduled to begin in September, 1990. Do not authorize the City Manger to execute the City/VDOT Agreement. 1. ~ of this agreement would not be an issue. 2. Engineering concerns continue to exist. Utility adjustments would need to be done by City forces prior to the project going under construction by the VDOT contractor. Fundin~ for adjustments would continue to be the VDOT's respon- sibility. 4. Time to complete adjustments by City forces would likely result in project delay. Page 3 Vo Recommendation is that City Council authorize the City Manager, in a form acceptable to the City Attorney, to execute the City/VDOT Agreement for water facility adjustments on behalf of the City. WRH/RKB/fm Respectfully submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Manager, Utility Line Services Manager, Water Department Office of the City Clerk August 15, 1990 File #27 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. HerDert: I am attaching copy of Resolution No. 30193-81390 ratifying an emergency purchase of materials and direct employment of labor for the repair of a storm drainage system at 218 Houston Avenue, N. E., at a total cost of $39,681.06. Resolution No. 30193-81390 was adopted by the Council of the City of Roanoke at a regular meeting held oa Monaay, August 13, 1990. Sincerely, Mary F. ParKer, CMC/AAE City Clerk MFP:sw Enc. pc: Mr. Larry G. Conner, President, Aaron J. Conner General Contractors, Inc., P. 0. Box 6068, Roanoke, Virginia 24019 Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget Room 499 Municipal Building 219 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 13th day of August, 1990. No. 30193-81390. A RESOLUTION ratifying an emergency purchase of materials and direct employment of labor for the repair of a storm drainage system at 218 Houston Avenue, N.E. WHEREAS, S41 of the City Charter authorizes the City ~anager to make emergency purchases and employment of necessary labor ~lthout the necessity for advertising and receiving bids, and said section further requires the City ~anager to report the facts and circumstances relating to such purchases to the Council at its next regular meeting; WHEREAS, by reports of June 18, 1990, and August 13, 1990, the City ~anager has advised of an emergency purchase of materials and direct employment of labor for repair of a storm drainage system at 218 Houston Avenue, N.E. THEREFORE, B~°IT RESOLVED by the Council of the City of Roanoke that the emergency purchase of materials and direct employment of labor to accomplish repair ~ork including installa- tion of a ne~ pre-cast manhole, relaying the existing 30 inch corrugated pipe, covering the pipe and the eroded area, mulching and seeding, and installing ground stone rip rap at the outlet end of the pipe to prevent erosion, such repair ~ork having been completed on or about July 13, 1990, at a total cost of $39,681.06 is hereby RATIFIED, and the Director of Finance is hereby authorized and directed to make requisite payment to said vendors. ATTEST: City Clerk. Office of the City Clerk August 15, 1990 File #60-27 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30192-81390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations. providing for the transfer of $35,000.00 from Williamson Road Retention Basin Construction, and $4,682.00 from Williamson Road Storm Drain, Phase 2, Contract I-E, to Pipe Failure at 218 Houston Avenue, N. E., in connection with purchase of materials and direct employment of labor for the repair of a storm arainage system at 218 Houston Avenue, H. E. Ordinance No. 30192-81390 was adoptea ay the Counqil of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:s~ Enc. pc: Mr. Mr. Ms. · . Robert Herbert, City Manager William F. Clark, Director of Public ~orks Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 the 1990-91 Capital emergency. WHEREAS, for IN THE COUNCIL OF 'k~J~ CITY OF ROANOKE, VIRGINIA The 13th day of August, 1990. No. 30192-81390. AN ORDINANCE to amend and reordain Fund certain sections of Appropriations, and providing for an Government exist. the usual daily operation of the Municipal of the City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by Roanoke that certain sections of the Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of 1990-91 Capital Fund hereby, amended and ApPropriations Sanitation Pipe Failure a~ 218 Houston Avenue, N.E. (1) ....... Williamson Road Retention Basin Construction (2)... Williamson Road Storm Drain, Ph. 2, Cont. IE (3)... $8,513,448 39,682 637,561 1,551,843 1) Appr. from Bonds 2) Appr. from Bonds 3) Appr. from Bonds (008-052-9657-9001) $ 39,682 (008-052-9622-9001) (35,000) (008-052-9634-9001) ( 4,682) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Pipe Failure Rear of 218 Houston Avenue, N.E. to Carvins Creek Roanoke, Virginia August 13, 1990 I. Back~round: mo Property owner at 218 Houston Avenue, N.E. notified the Engineering Department of a large hole and washout at the rear of his property. Bo Investigation revealed that a twenty (20') foot deep storm drain manhole had collapsed, except for one side which was holding back the bank, and a 30 inch corrugated pipe that outflowed from the manhole down a 40 to 45 percent slope to Carvins Creek had been completely uncovered, exposed, and separated. Co City Council was informed on June 18, 1990 that the City Manager authorized Aaron J. Conner, General Contractor, Inc., on June 7, 1990, to proceed with making the necessary repairs, with an estimated cost of $30~000 to $35~000. This action was taken in accordance with Section 41 of the City Charter. II. Current Situation: Aaron J. Conner~ General Contractor~ Inc., completed the repair work on July 13, 1990. The repair work included installing a new pre-cast manhole, relaying the existing 30 inch corrugated pipe, covering the pipe and the eroded area, mulching and seeding, and installing grouted stone rip rap at the outlet end of the pipe to prevent erosion. B. Cost was based on time and materials plus 15 per cent overhead and profit. Cost breakdown is as follows: Labor $ 9,728.24 Rental 17,645.60 Materials 7~131.43 Subtotal $34,505.27 Plus 15% 5~175.79 TOTAL $39,681.06 Page 2 The cost exceeds the original estimate due to hauling of cover material from the Williamson Road Storm Drain project and having to use a front end loader to haul the fill material across the creek and up the steep slope to cover the pipe and shape the slopes around the new manhole. III. Issues in order of importance: A. En~ineerin~ Concerns B. Fundin~ IV. Alternatives are: Ratify the emergency procurement by adoption of a resolution and authorize the establishment of project funding of $39~681.06 to provide payment for the emergency repairs. Engineering concerns have been met to keep the storm drainage system intact and prevent any further damage being done to adjacent properties or to a sanitary sewer and high pressure gas line that parallels the storm drain system. Fundin8 availability exists in various Williamson Road Storm Drainage projects that are in the final stages of completion. B. Do not authorize the establishment of project funding. 1. Ensineerin~ concerns would still be met in completing the necessary repairs. 2. Fundin~ availability would not be an issue. V. Recommendation is that City Council take the following action: A. Authorize the establishment of project funding of $39~681.06 by: Transfer $35~000.00 from the Williamson Road Retention Basin Construction, Account No. 008-052-9622-9065, and $4~681.06 from the Williamson Road Storm Drain, Phase 2, Contract I-E, Account No. 008-052-9634-9065, to an account to be established by the Director of Finance and entitled Pipe Failure at 218 Houston Avenue, N.E. Page 3 Respectfully submitted, W. Robert Herbert City Manager WRH/VRD/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician Aaron J. Conner, General Contractor, Inc. Office of the City Clerk August 15, 1990 File #188 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. HerDert: I am attaching copy of Resolution No. 30196-81390 concurring in your appointment of the City's Manager of Emergency Services as the City's Coordinator of Emergency Services Activities. Resolu- tion No. 30196-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pc: Mr. George C. Snead, Jr., Director of Administration and Public Safety Ms. l~anda B. Reed, Manager, Emergency Services Mr. Kenneth S. Cronin, Manager, Personnel Management Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF HOANOKE, VIRGINIA, The 13th day of August, 1990. No. 30196-81390. A RESOLUTION concurring in the City ~anager's appointment of the City's ~anager of Emergency Services as the City's Coordinator of Emergency Services Activities. WHEREAS, $44-146.19.B of the Code of Virginia, (1950), as amended, provides that the Director of Emergency Services shall have the authority to appoint a Coordinator of Emergency Services Activities with consent of council; WHEREAS, City Council has designated the City Manager as the Director of Emergency Services; WHEREAS the City Manager has chosen to appoint the City's Manager of Emergency Services as the Coordinator of Emergency Services Activiti%s for the City. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the Council hereby concurs in the appointment of the City's ~anager of Emergency Services as the City's Coordinator of Emergency Services Activities. ATTEST: City Clerk. Office of the City Clerk August 15, 1990 File #24A-188 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30195-81390 amending the Code of the City of Roanoke, i979, as amended, by enacting new §2-126, Designation of Director of Emergenc~ Service~, to proviae that the City Manager shall serve as the City's Director of Emergency Services. Ordinance No. 30195-81390 was aaopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely' //'~~ ,Wary F. Parker, CMC/AAE City Clerk MFP:sw E~tC. 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. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Page 2 August Robert Herbert 15, 1990 The Honorable Edward S. District Court The Honorable Julian H. Court The Honorable Richard C. Court Kidd, Jr., Chief Judge, General Raney, Jr., Judge, General District Pattisal, Judge, General District The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Donald S. Caldwell, Commonwealth,s Attorney The Honorable Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court The Honorable Ronald Albright, Clerk, General District Court Mr. George C. Snead, Jr., Director of Administration and Public Safety Ms. ~anda B. Reed, Manager, E~ergency Services Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, p. ©. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, p. 0. Box 2235, Tallahassee~ Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 13th day of August, 1990. No. 30195-81390. AN ORDINANCE amending the Code of the City of Roanoke 1979, as amended, by enacting new §2-126, Designation of Director of of Emergency Services, to provide that the City ~anager shall serve as the City's Director of Emergency Services; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new Sec- tion: S2-126. Designation as Director of Emergency Services. The City Manager shall serve as the Director of Emergency Ser¥1ces of the City. As Director of Emergency Services, th6 City Manager shall have all of the powers and duties prescribed for such office by law. 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. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Subject: Designation of Director of Emergency Services Dear Members of Council: I. BACKGROUND: A. Political subdivisions within the Commonwealth arm required by the Code of Virginia, Section 44-146.19(b) to designate a director of Emergency Services. B. Director of Emergency Services is authorized to: (1) Declare a "local emergency." Once a local emergency has been declared, the local government may enter into contracts and incur obligations necessary to combat a threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to victims of the disaster. Emergency actions may be initiated without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of materials and supplies, and expenditure of public funds provided such funds in excess of appropriations in the current budget, unobligated, are available. (2) Appoint a coordinator of Emergency Services activities with the consent of council. II. CURRENT SITUATION III. City Code does not currently provide for thm designation of a director of Emergency Services for the City. A 1969 resolution of City Council makes this appointment, but this appointment should be reflected in the City Code. ISSUES: A. Compliance with State Law B. Coordination of Emergency Operation~ Designation of Director of Emergency Services August 13, 1990 Page 2 IV. ALTERNATIVES: City Council designate the City Manager as Emergency Services Director in accordance with Section 44-146.19(b) of the Code of Virginia and concur with the City Manager's appointment of the City's Manager of Emergency Services as the coordinator of Emergency Services activities. Compliance with State law - City would be in compliance with the Code of Virginia. 2. Coordination of Emergency Operations would be carried out in a timely manner. City Council not designate the City Manager as Emergency Services Director with the power to declare a "local emergency" and address emergency situations through the exercise of the powers available under the law. Compliance with State Law - City would not be in compliance with Code of Virginia. Coordination of Emergency Operations would not be carried out as expeditiously as possible. V. RECOMMENDATION City Council concur with Alternative "A" and amend the City Code to designate the City Manager as Director of Emergency Services. City Council concur in the City Manager's appointment of the City's Manager of Emergency Services as coordinator of Emergency Services activities for the City of Roanoke. WRH:WBR/tfk D/B:OESl/DIRECTOR.OES City Manager CC: Director of Finance City Attorney Director, Administration and Public Safety Manager, Emergency Services Office of the City Clerk August 15, 1990 File #60-237-2 Mr. Joel M. Sc~langer Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30197-81390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the appropriation of $1,425,024.00 to provide funds for payment of the local share and continued funding for land acquisition in connection with the Roanoke River Flood Reduction Program. Ordinance No. 30197-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sw Eric. pc: Mr. C. E. Shuford, P.E., Deputy District Engineer, Project Management, Department of the Army, Wilmington District, Corps of Engineers, p. O. Box 1890, Wilmington, North Carolina 28402-1890 Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Chumh Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TH~ CITY OF ROANOKE, The 13th day of August, 1990. No. 30197-81390. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital 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 the Council of the City of the 1990-91 Capital Fund are hereby, amended and in part: exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Appropriations, be, and the same reordained to read as follows, A~iations Capital Improvement Reserve Capital Improvement Reserve (1) .................... Streets and Brid~es Local Cash Share - Roanoke River Flood Reduct. (2). Other Infrastructures Roanoke River Flood Reduction - Land Acq. (3-4) .... 1) Appr. from General Revenue 2) Appr. from General Revenue 3) Appr. from General Revenue 4) Appr. from General Revenue (008-052-9575-9186) (008-056-9652-9003) (008-056-9619-9003) (008-056-9619-9003) $(617,024) 409,350 207,674 808,000 $ 3,528,066 1,556,377 6,539,863 409,350 15,571,363 1,265,674 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appropriation of Funds - Payment of Local Share, and Continued Funding for Land Acquisition, Roanoke River Flood Reduction Program I. BackKround: Previous appropriations have been made by City Council for the subject project for items relating to appraisals, surveys, bridge design, internal expenses and land acquisition. Local Cooperation A~reement (LCA) was executed at a ceremony at Smith Park on June 25, 1990. Local share for the project (cash contribution and designated percentage of the construction elements) is required by the LCA to be placed in a letter of credit to be drawn against by the Corps of Engineers (COE) as costs are incurred. Estimated amounts for letters of credit are to be provided to the City on an annual basis, to include cost incurred retroactive to 1985. II. Current Situation: Statement of estimated amounts has been received from the COE per letter dated June 29, 1990. That letter states that the COE needs $243,000 for work already incurred plus an estimated $103,000 for work to be incurred in FY 91. The letter is being amended to require $306~000 for work already incurred plus a requirement for a letter of credit or immediate payment for $40,000 for work to be performed in 1991. Also, letters of credit cost 0.75% of the face amount and $150.00 fee. Fundin~ needs to be in place for the obligation already incurred, anticipated to be incurred in 1991 and such other funds as are available for this project in anticipation for FY 92 cash match and land acquisition expenses. This report requests funding for the current obligation plus the transfer of available funding to date toward future obligations. Land acquisition funding thus far has been in the amount of $250,000. Land acquisition is 100% local responsibility, including cost. Page 2 COE estimate for land acquisition is $10,042,000. This estimate includes value of land already owned by the City. also anticipate that many property owners will donate lands and rights-of-way for the project. Actual cash needed will hopefully be less than one half of the Corps estimate. Land acquisition efforts will increase in the near future. We III. Issues: A. Fundin~ required 1. Immediately 2. Future anticipated needs for FY '92' B. Fundin~ available C. Approvals required IV. Alternatives: A. Council authorize the following action: Transfer of $409~350 from Capital Improvement Reserve Account No. 008-052-9575-9186, Designated for Roanoke River Flood Reduction Project, to a new account to be established by the Director of Finance to be designated "Local Cash Share - R. R. Flood Red." This action will fund the current obligation, e.g., those sums designated as "Prior to Award and FY 91" as well as anticipated for FY 92 and the cost of any required letters of credit. ii. Transfer $207~674 from Capital Improvement Reserve Account No. 008-052-9575-9186 to Account No. 008-056-9619-9050, Rke River Fld Red - Land Acquisition. iii. Transfer $808~000 from the General Fund Account No. 001-004-9310-9508 to the Capital Projects Fund Account No. 008-056-9619-9050, Rke River Fld Red - Land Acquisition. (These funds were included in FY 90-91 General Fund Budget Adopted - Pg. 173). Page 3 1. Funding required i. Immediately - $346,000 ii. Future anticipated needs FY '92' 60~000 $406,000 2. Funding available is $1,425~024. Approvals required to meet the imediate obligation of $346~000 + FY 91 anticipated amount of $60~000 for cash match will be provided plus $1~019,024 will be provided toward the COE estimate of $10~042,000 for land acquisition. Council authorize only the transfer of funding to meet current obligation: 1. Funding required i. Immediately - the $346~000 will be provided. ii. Future anticipated needs will not be addressed. Funding available exceeds the immediate needs but would not be specifically set aside a separate account. Approvals required to provide the immediate needs would be provided. Recommendation: Council approve the transfer and/or appropriation of a total amount of $1,425,024 in accordance with Alternative "A" for the current need of $406,000, and the for the cost of two letters of credit if needed plus $1,019,024 for land acquisition. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm CC: Director of Finance City Attorney Director of Utilities & Operations Mark A. Williams James D. Grisso John A. Peters IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 June 29 1990 Mr. W. Robert Herbert City Manager City of Roanoke 215 Church Avenue, Southwest Roanoke, Virginia 24011 Dear Mr. Herbert= Now that the LCA has been signed for the Roanoke Project, we will be finalizing preparations to award the contract for the flood warning system in Sep. To do this, we must have the necessary real estate easements in hand and have received the City's cash contribution for its share of the first Fiscal Year (FY) of construction including project costs incurred prior to contract award. Our Savannah Real Estate office has been in contact with Mr. Dick Hamilton and has advised ua that the necessary easements are currently being surveyed and should be acquired in sufficient time to allow contract award. Based on the current plan of development and funding schedule, the City's share of total project costs and required cash contributions are as follows= ($ Thousands) PRIOR TO ITEM AWARD FY91 FY92 FY93 FY94 FY95 Total * $1243 $3727 $3581 $1320 $1530 $1399 Cash Contri- $ 243 $ 103 $ 60 $ 670 $ 880 $ 802 bution * Includes projected costs of LERRD Under the provisions of Article VI b.2. of the LCA, you are requested to provided an irrevocable Letter of Credit to cover the City's required cash contribution thru FY 91, $346,000. The letter of Credit should be furnished not later than 30 days from receipt of this request. -2- We are looking forward to moving into the construction phase of the project. If you have any questions or need additional information concerning this or any portion of the project, please feel free to contact our Project Manager, Mr. Jim Carper, at (919) 251-4670. C. E. Shuford, Jr., P.E. Deputy District Engineer Project Management IN REPLY REFER TO Executive Office DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 2, 1990 Mr. Kit B. Kiser, Director Utilities and Operations City of Roanoke 215 Church Avenue, Southwest Roanoke, Virginia 24011 Dear Mr. Kiser: This letter constitutes notice for payment of the City's required cash contribution in accordance with the provisions of Art VI b.2. and VI c. of the Local Cooperation Agreement. The City's proportional share of project costs incurred prior to initiation of construction is $306,000. The City's proportional share of the project for the first year of nonstruction is $40,000, which includes continuation of design, installation of the flood warning system, and flood proofing of the Sewer Treatment Plant. Payment of $346,000 is to be made by means of either an irrevocable letter of credit, upon which the Government can immediately draw for past costs incurred and for award of construction contracts in FY 91, or a check made payable to the FAO, USAED, Wilmington. If you have any questions, pleasa feel free to contact Mr. Jim Carper, Project Management Branch, (919) 251-4670. Sincerely, C. E. Shuford, P.E. Deputy District Engineer Project Management V-PA"TMENT OF FINAN¢[ CITY OF ~OANOKt VA. August 13, 1990 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Status of the Financial Condition of the City of Roanoke - Fiscal Year 1990 There are some major financial crises throughout this Country that are causing different levels of distress to governments. The ever continuing problem with the deficit at the Federal level, the ever growing Savings and Loan bailout costs, and the newly discovered, and seemingly endless, growing financial condition of State Government are going to create havoc at the local level. Other economic conditions including flattening or decreasing real estate values will cause a bumpy ride for local officials in the upcoming year. "Business Week" reports this week that the summer's economic reports have put a dark cloud over the expansion. Citizens and businesses are increasingly warned about the future. Investors are getting edgy. Policymakers seem to be sitting with fingers crossed hoping things will look brighter tomorrow. For now, the outlook is not getting any worse, but there's no sign it's getting any better. The article s~u~med up the situation as it stands in Roanoke today - that growth has gone off on an extended vacation. Another year has ended for the City of Roanoke. Our Honorable Mayor Page 2 August 13, 1990 and Members of City Council revenue estimate from all sources FY1990 was $142,769,710, while $144,287,606, a difference of 1.06%. Below is a history of our to actual revenues: within the General Fund for actual collections were revenue estimates as compared Fiscal Year Budget Revenue Estimate Percent Actual of Est. Collected_ Collected 1990 $142,769,710 1989 134,070,796 1988 126,565,141 1987 118,553,342 1986 115,757,175 1985 108,932,645 1984 101,078,296 1983 93,036,248 1982 90,477,757 1981 89,195,401 1980 84,798,168 1979 79,145,325 $144,287 606 138,480 460 129,885 334 119,797 842 115,900 340 108,816 426 103,170 691 95,031 100 91,253,175 89,124,125 84,051,017 78,886,285 101.06% 103.29% 102.62% 101.05% 100.12% 99.89% 102.12% 102.14% 100.85% 100.08% 99.12% 99.67% Also attached for your review are the UNAUDIT~.,~ financial statements for the fiscal year ended June 30, 1990. These figures are subject to change during the course of our annual audit. Per the requirements established in Ordinance No. 26292, passed by City Council on December 6, 1982, setting up a reserve for Capital Improvements and Capital Maintenance and Equipment Replacement, (CMERP), the amount designated for fiscal year 1990 is: 2,374,224 Honorable Mayor and Members of City Council Page 3 August 13, 1990 leaving n__qo undesignated funds at year end. (In order to have fulfilled the objective of Ordinance No. 26292, the sum of $6,954,853 would have had to been available before having any undesignated funds.) This year's CMERP represents 1.55% of the General Fund budget compared to 3.7% last fiscal year. General Fund Statement of Revenue~ On page 8 there is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. It also provides specific information on school related revenues which are included in the major categories. Following is a brief explanation of variances in major categories: General Property Taxes This category includes real estate, personal property, public service and penalties and interest. The total estimated revenue for this category was $45,501,500 and actual collections were $46,067,741, or a 1.24% variance. Real estate collections increased by 9.01% over FY1989 and only 1.85% over our estimate. Personal property taxes realized only a 4.85% increase over last fiscal year and we actually fell .95% under our estimate (See page 9). Honorable Mayor and Members of City Council Page 4 August 13, 1990 Other Local Taxes This category includes sales tax, utility tax, business and occupational licenses, admissions tax, and prepared food and beverage taxes. The total estimate for this category was $35,423,000 and our actual collections were $35,951,475 or a 1.49% variance. Sales tax was disappointing and reflected the mood of the consumer. This source of local revenue increased only 1.44% over the last fiscal year and we actually fell short of our estimate by .33%. (See page 10). Utility taxes appear to have done very well but one must remember that the additional 2% increase for flood reduction was implemented on March 1, 1990. We met our estimate for the year and designated the additional collection of $438,750 for Flood Reduction (See page 11). Business licenses continue to perform well showing a steady growth of 7.25% over FY1989 and exceeded our estimate by 2.62% (See page 12). Although the prepared food and beverage tax increased 4.93% over FY1989 it fell short of our expectations by 5%. (See page 13). The cigarette tax showed a modest gain of 5.87% but admissions tax grew only 4.14%. (See pages 14 and 15). The disappointing performance in this category is the motor vehicle license tax which grew only 1.88% over FY1989 but that small growth factor was still a larger growth than in the past several fiscal years (See page 16). Local taxes are a reflection of our local consumers and they appear to be following the national trend. We expect limited Honorable Mayor and Members of City Council Page 5 August 13, 1990 growth if any, from this category in FY1991. Permitst Fees and Licenses This category includes dog licenses and electrical, plumbing, heating, and elevator inspection actual revenue exceeded the estimate by 4.37%. building, fees. The Fines and Forfeitures Court fines and parking tickets comprise this category which exceeded the revenue estimate by 6.2% - but our actual collections were 14.85% less than the previous year. (See page 17.) Ail other categories in the General Fund are reflected on page 18 with no major variances to report. Expenditures Total expenditures and encumbrances from FY 1990 were $151,786,722 which was 1.01% less than City Council had appropriated. (See page 18.) Many of our citizens ask where their tax dollars go. Some interesting figures in the City Administration's side of the General Fund budget are listed below. Sometimes it is very difficult to realize the size of this organization. Hopefully this information will provide you with insight to the magnitude of our operation: }Ionorable Mayor and Members of City Council Page 6 August 13, 1990 · $36,146,416 was spent on employee's salaries with an additional $871,149 spent on overtime. · $1,143,959 was required for payment of temporary employees. · $4,477,547 was contributed to the Retirement System and $2,795,167 for employer Social Security Contributions. · $1,826,103 was the employer's share of group hospitalization and $109,293 for dental insurance. · $368,668 was paid on behalf of your employee's life insurance and $487,154 was paid for Worker's Compensation wages and medical bills. · $641,853 was for our telephone bill. · $1,954,999 was for our electric bill. · $171,366 was for our natural gas bill. · $358,592 was for our gasoline bill. · $434,745 was paid for food for individuals held in the custody of the City. Enterprise Funds A detailed analysis of each of our enterprise funds will be provided to you upon completion of our current audit. I hope that this brief analysis provides you insight of a year gone by. Let me reiterate to you figures as related above are unaudited and subject to change. with an that the It Honorable Mayor and Members of City Council Page ? August 13, 1990 is being released to you today for planning purposes only. The audited figures will be available in late September at which time I will report them to you so that you will be able to take whatever actions you feel are in the best interest of our City. You are in a unique position. You are the City Council that will be faced with some of the most exciting decisions to be made in the progress of this City but in turn you will be faced with some of the toughest financial decisions that will have to be made due to circumstances beyond our control. At this time I want to sincerely thank my staff for their professionalism and expertise and the many hours of hard work that so many times go unrecognized. If it were not for them, this information would not be available in such a timely and accurate manner. JMS:ps cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Directors Attachments CITY OF ~OA#OKB, VIROIHI~ ~SAR S~ ~ow~ 30, ~990 Over S of CateRory Sstimate Actual (Under) Sstimate 3eneral Property Tax $45,501,500 $46,067,741 $566,24! 1,241 Other Local Taxes $35,423,000 $35,951,475 S528,475 1.491 Permits, Fees, i S445,000 $464,441 $19,441 4.371 Licenses Fines & Forfeitures $568,000 S603,224 $35,224 6.201 Bevenue from Use of Honey A Property Sl,456,000 Sl,457,789 S1,789 0.121 Grants-in-Aid Commonwealth $5Z,102,635 $52,129,790 $27,155 0.051 Grants-in-Aid Federal Government $1,449,922 $1,599,153 $149,Z31 10.291 Charges for Current Services $5,452,225 $5,?00,53~ $248,314 4.551 Hiscellaneouo Revenue $371,4Z8 $313,454 ($57,974) -15.61% Total School Revenue Only Graham-in-Aid Commonwealth State Salem Tax Grants-in*Aid Federal Government Other Revenue Total S142,769,710 $144,287,606 $1,517,8{{ 1.06~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: $20,189,39? $21,114,730 $925,333 4.58X $8,635,013 $7,672,3?5 ($9i2,638) -11.151 $1,422,922 $1,556,353 $133,431 9.381 Sl,470,919 $1,434,782 ($36,137) $31,718,251 $31,778,240 $50,989 0.19{ 8 1,,3 12 11 10-- 9-- 8 -- 7 -- 6 5 -- -- 3; -- 2 -- I 0 PERSONAL PROPERTY TAX CI'IY OF ROANOKE, VII~INIA REVENUE FY1967 FY1988 FY1989 FY19;O FtSCAL YEAR TOftL$ CITY Of IKdllM~, VIMI:!I Fflt81-14~/~ t 9 1% SALES TAX R /ENUE cr~ OF ROANOKE FY 1987 FY 1968 FY 1g~9 Ft' 1990 · FIS CN_ ~ CITY OF IOASO[S, VIEG[#IA 11 SALSD ?fl HISTORY SKCAP FY 1981 - FY 1990 t PROJEC?SD I TOY NOMTH FY 1981 FY 1988 rY 1980 FY 1990 FY 1990 TTD COLLSCTIOSN S VAiIAIC! BUDGBY JUL 874,0§8°89 930,896.44 922,831.98 9S4,067.00 9H,067.00 988,497.80 -3.091 ?.808 A0~ 888,998.67 8f4,383Ai 1,088,5f8.?! 911,310.38 1,031,437.88 2,008,588.83 -3.151 18.791 ;;P 882,894.3? 887,379.Z¢ 982,818.10 885,874.78 2,18S,112.03 8,982,581.92 -;.flS 82.111 OCT 883,881.89 999,082.28 941,636.38 1,031,160.90 3,818,881.93 3,983,353.11 '4.181 31.801 NOV 856,575.22 814,212.12 1,011,279.02 1,118,488,93 4,933,388.86 4,961,316.13 -0.368 40,332 DSC 925,988.13 1,063,138.93 998,508,21 879,988.?4 0,813,356.60 8,029,909.28 -3,591 47,528 JAg 764,342,51 1,246,050.93 1,4T2,887.49 1,546,611.?2 ?,352~967.32 ?,287,014.19 0.998 60.161 FEB 981,108.0S 848,387,01 ??1,468.81 821,964.88 8,188,932.21 8,211,502.93 -0,371 66,921 NAR 981,294.80 8f8,932.22 991,218.28 968,115.80 9,155,008.11 9,221,138.12 -0.121 74.848 APR 112,218.4? 911,16?.82 818,868.13 983,082.98 10,118,111.00 10,148,110.07 '0.881 82.111 NAY 843,335.81 1,03S,888.31 948,185.48 1,091,30Y.60 11,209,419.82 I1,166,84?.11 0.381 91.631 JUN 934,5?8.08 1,018,898.03 1,006,i74.42 922,400.36 12,131,819.05 12,233,800.00 '0.831 99.111 TO?iLS 10,408,929.78 II,478,194.45 11,958,509.98 12,131,818.08 18,131,819.08 13,239,000.00 -0.831 99.111 (TO DAYS) (TO DAYS) ZISCSSAS8 '0.398 9.731 4.211 :::::::::::::::::::::::::::::::::::::::::::::::::::::::: (TO DAIS) Projected Collections are based on proration of previous three years data. lO UTILITY TAX REVENUE OflY OF F~AN~K~ FY FY 1969 FY 1990 CITY OF RGqNGICE, VIRGINIA UTILITY TA~ NISTGItY RECAP FY 1997 - ~Y 1990 * P~OJECTED X TOT NONT# FY 1987' FY 19~8 FY 1989 FY 19~) FY 1990YTD COLLECTIONS X VARZAN(:~ BIX)GET JUL 65Z,4&6.88 6~1,031.61 6/.6,466./06 703,200.7& 703,200.7& 675,226.50 &.I&X 9.59~G AUG 6~3,183.30 6a,5,1(X).51 657,026.66 659,5~,7.~flr ~,362,74.8.02 1,$55,01&.67 0.TZX 18.59X SEp 585,330.7~ 603,912.10 62&,O~Oo1& 6.31,759.10 1,994,507.1~ 1,9e&,156.62 O.$ZX 2~.21X OCT 5~,,67B.07 517,117.73 535,756.0! 539,257.73 2,533,764..85 2,5~0,208.$2 -0.2~X 3~.57X NOV 5/P~,697.&O 5/o2,011.32 5/.8,123.20 5~8,866.95 3,082,631.80 3,109,235.52 -0.86X &2.06X DEC 606,637.36 591,/*/.6.01 586,92~.89 637',5Z&.70 3,720,156.50 3o~J0,$35.06 -0.28~ 50.75X JAN ~9,090.19 620,7'J2.4~S 608,Z72.&S 681,666./.8 &,/*01,822.98 &,384,~33.79 O.,r~X 60.05X FEB 635,903.&9 610,118.9~ 587,5~.83 606,272.25 5,008,095.2~ 5,022,&27.36 -0.29X 68.32X PAl 617,7/.8.80 582,504.43 5~7,003.93 722,129.36 5,730,22&.59 5,M1,027.97 1.58X 7~.17% APR 563,220.93 538,/,67.86 550,93&.39 69&,712.97 6,&2&,937.56 6,216,2&7.88 3.36X 87.65X PAY 517o522.92 5ZS,700.79 636,&71.21 695,850.77 ?,120,788.33 6,800,890.51 &.70~ 97.15X JUN /*~r,2,589.68 562o9~6.&? 51&,610.&9 M?,962.05 ?,768,750.38 ?,330,(X)0.00 5.99X ~05.99X TOTALS 7,OQS,Q4.9.81 6,981,090.2~ 7,073,158.66 7,768,750.38 7,7AJ%750.38 ?,330,000.00 5.99X 105.99X (TO DATE) (TO DATE) CTO DATE) Projected CoLtectiord ere based on ix'oration of prlvlom three yeers dlto. 11 BUSINESS LICENSE REVENUE FY 1~87 FY 19~8 FY 1989 FISCN. YF_.KR CITY OF~OAaOtE, VIRGINIA HIST~Y OF BO~INES~ ANB~UP~TI~L LICEHSE ~VEN~ REC# FY ~87 ' ~ ~0 FY 1990 ~ PRO,1ECTEB t TOT flOflT# FY 1~87 FY ~L988 FY Z{H FY 19{0 F~ 19M YT0 ¢OLt~CTI~S t VRGIONCE BUHET JUL 9,860.9{ 25,215,01 11,411.4& 30,014.9& 10,014.{& 27,535.77 At; 17,855.09 14,420.2! 20,ASA.4& 23,775.70 51,870.. 55,i11.51 -M51 SEP 20,073.9{ 1&,254.10 65,400.6S 15,506.05 &7,17&.7! 12,713.3& -27,340 OCT 11,591.11 14,021.45 6,721.52 44,174.4m 111,351.20 105,41&.i$ S.821 HOg (37,172.531 66,233.55 47,101.64 l{,{&O.31 131,511.51 133,$51.45 *i.51 DEC 12,455.10 11,222.71 7,162.13 10,650.90 151,142.41 i45,402.0l 3.Or 3A# 568,110.84 1,600,7{2.55 2,112,731.21 2,128,278.442,271,440.051,734,401.{A 51.35~ FEB 3,673,074.74 3,115,305.95 2,{47,iA&.l& 3,556,644.4{5,015,RGS.215,35{,447.40 dAR 405,612.92 123,121.9~ 124,211.40 100,115.14 5,143,200.425,600,650.3{ {PR 115,554.63 84,919.12 64,0#.12 &5,935.19 6,RG~,iSA.*!5,610,$71.44 S.451 HAY 766,723.44 625,52&.17 795,269.&{ 703,221.17 6,712,150.116,50~,371.60 3.17~ JU# 357,702.10 4{5,457.65 A2t,O{l. I1 450,593.57 7,i&2,951.154,{IO,RGi. Oe 2.620 0.741 1.68i MSt 32.&40 05.60i 85.15I 86.051 ~.l/t TOTALS 5,943,582.82 6,274,541.60 &,A/l,81{.33 1,162,951.95 7,162,{SI.95 6,980,000.RG 2.620 102.62~ (TO DtTE) (TO RGTE) tlKREKE I.RGt 5.570 0.440 ::::::::::::::::::::::::::::::::::::::::::::::::::::::: (TO DOTE) Projected Collections are based on proration of previous three years data. 12 4 2.5 -- 2 1,5-- 1 -- 0.5-- 0 PREPARED FOODS TAX OflY OF ROANOKE REVENUE ~ 1~ F'f 1~81) Pf 1990 CITY O! iOtEO[~, VIEOIIIA PEEPAEED FOODS TAX EEVI~IIOE HIS?OUT FY 1981 o F! 1990 O PiOJECTED I TOT NO#?E FY 1987 ET 1988 FY 1989 FT 1090 FY 1990 YTD COLLECTIONS I VAiIAECE BUDGET ;U~ 0,00 0.00 321,203,18 398,241,57 358,241,57 194,308,10 84,3~ 8,038 AUG 0.00 328,335.17 340,101,56 25T,654,89 715,898,22 582,042,11 22,819 [6,0SE $EP 0.00 309,178,90 322,T48.T9 243,921,98 1,059,820.18 980,130.89 10.38S 29,788 OCT 0,00 240,Zf3.19 228,961.28 374,843.56 1,434,671.?4 1,358,610,05 5.8DG 38,I?E NOV 0,00 215,721,05 395,S89.20 328,929,29 1,??3,811,13 1,730,858.22 1,238 29.??X DEC 0,00 353,9f4,29 373,492.33 369,288,28 2,143,899,41 8,101,641.54 -0,875 48,051 JAE 0.00 288,110,9! 296,634,05 31f,812.08 2,480,728,49 2,504,89S,88 -1,76S 5S.l?E FDG 0.00 280,130.50 291,331.38 318,50T.28 2,??9,229.71 9,848,751.48 -8,858 62,188 EAE 0,00 329,0DG,98 341,043,01 370,565,21 3,143,794,92 3,243,00T.88 -2.06S 70,408 APR 0.00 340,290.51 351,146.1? 258,193,?8 3,495,988.?1 3,958,15?,82 -4.88S 78,398 NAY 0.00 330,686,89 350,834,81 310,580,93 3,866,560,62 4,05f,288,41 -4.?0t 86,698 :UE 0,00 335,631,81 350,834.81 3?0,580.98 4,237,150.55 4,460,000,00 -5.00i 95,0DG TOTALS 0.00 3,564,269.78 4,03?,915.$2 4,237,150.55 4,23?,150.55 4,460,000.00 '5.00Z 9S.OOi ('LO DATE) (~0 DATE) E~ECREASB 13.29~ 4.93E::==::::::=::::=:==:===:====:========:::::::=:::::= 13 ADMISSION TAX REVENUE 190 170 1~0 1,1.0 -- 1,~0 -- 120 -- 110 -- lO0 90-- 80 70-- 50-- 4.0-- 30 20-- 10-- 0 ~ 1~87 FY 1989 FY C[?T OL~ ROANOIB,'VZRG[#ZA ADK[SS[OI ?AZ IJVB¥O! RECAP FY 1981 - rV 1990 e PROJECTED ~ TOT HOJlTH FY 1981 FY 1988 FY 1989 P! 1990 FY 1990 TTD COLLECTIONS ~ VARZAICS B[JBgBT J~L 9,639,53 13,243.02 14,319,13 18,655.39 18,659,31 12,514,01 48,399 11.661 AUG 9,111,35 14,956,10 19,224.25 24,235,39 42,890,18 81,201.99 51,911 26,811 SSP 21,554,01 10,909.11 11,305.00 15,162,98 58,053,28 48,005.68 20.701 36,281 OCT 15,204,63 18,349,88 11,333.67 16,191.93 74,291.31 98,230,99 19,821 48.411 XO¥ 9,713.94 8,444,90 14,117,11 19,t83.10 96,389,01 13,122,1l [8.14Z 88,999 DSC 11,495,11 19,991.91 19,390,08 14,681,21 101,006.21 89,218.08 10,211 93,131 JAN 10,813.10 19~991.90 I8,446.59 11,146.51 I13,791.79 t01,120*33 II*501 I0.411 FEB 10,102.89 11,888.41 9,899.21 13,817,19 126,630.52 111,611.86 13.39I 19,141 SAR 13,075,31 11,514.91 10,185,50 9,290,38 135,920,88 123,133.43 9.851 84,951 APB 19,013.02 8,816.01 10,511,9i 11,594,13 141,445,01 135,324.05 8,981 99,151 SAY 10,248,26 11,146,36 11,511,08 14,183.45 161,618,46 148,934,98 10,231 t01,021 :UN 19,398.89 11,909.01 12,301.58 10,849,63 118,418.09 160,000,00 ?,801 101,801 TOTALS 156,988.03 151,535,10 165,626.22 171,418.05 111,418.0t 160,000,00 %801 tOT.80~ (tO DA?S) (~O SZ#CiEiSS 71,011 -3.411 9.381 :::::::::::::::::::::::::::::::::::::::::::::::::::::::: Projected Collections are baaed on proration of previous three ye&re 80O ClGARE'I-I'E TAX REVENUE CrlY 0~ ROAI~KE 7~0 ~0 90O 100 -- F~ 1~9 ~ 19~0 108! - F! 1090 * PROJECTED Z TOT 1987 FY 1988 FY 1989 FY 1090 ~ 1990 YTD COLLECT[OJ$ I VARIANCS BUDGET JUL 14,906.86 66,404.61 54,290.74 39,414.96 39,414.96 54,4ZS,51 -27,581 6.311 AUG 32,194,67 39,840.08 48,585,45 53,615.62 93,030.38 102,83T.84 '9,541 14,881 SiP 16,723,13 58,453,15 45,924.09 55,018.15 148,058.63 151,443.24 '2,131 23,601 OCT 27,523.13 48,086.00 4f,T60,O0 46,095,8R 193,162,51 200,958,8! '3,881 30,901 NOV 18,476,24 66,Y04,16 44,190,68 56,144.16 248,295,6S 252,86T.40 '1o816 39,731 DRC 25,003.4! 40,866.80 61,628,81 32,073,08 281,269.Y6 308,016,15 -8.681 46,001 JAJ 22,481.24 ?1,623.84 3J,846,0i 63,316,14 344,686.48 360,576*31 -4,431 FSB 12,805.60 40,48J,52 ¢3,822,2S 41,762.81 386,338.2! 300,S63.30 '3,211 61,811 SAR 21,254,19 43,?S1,22 6L259.21 53,666.66 430,006.94 443,010,64 oO.TOl APR 26,893,38 43,603.61 ?3,602,6! 39,629.1T 470,62S.?1 500,849,66 -4,261 RAY 19,651,08 50,226,61 4S,892,T4 96,013,32 5?4,649,02 54Y,342.9? 4,971 91,931 JUM 38,506.08 90,616,20 64,361,68 ?2,3?4,68 646,923.?1 626,000,00 3,511 103.611 TOTALS 276,426.D6 669,?42.60 611,031.33 646,923.?1 646,623.72 flS,O00*O0 3.611 103.51M (TO Dl?S) (TO OATS) ti#CIE&SM 142.291 '8.?71 (~ DATBJ Projected Collections are based on p~ration of previous teo years data. MOTOR VEHICLE LICENSE crrt' OF ROANC~E REVENUE 1.3 1,2 1,1 M 0.4 0.1 0 ~ 1~7 FY 1~ FY 19~9 I~C~L YF~R ~OTON YEHZCLE LICENSE REVENUE #ISTONY PiCiP FY 1987 - FY 1990 FY 1990 I PROIECTEB t TOT FY 2987 FY 198: FY 1989 FY 1991 FY IVVO YTB COLLECTIONS t VRRU~NCE RUD6ET 3UL 22,532.$0 19,275.30 17,&&E.IO 17,392.40 17,392.4R 20,08R.31 -13.30~ 1.4S1 8U~ 17,16&.30 13,9U.00 16,0S9.80 15,571.80 32,971.20 35J0125 -L&lt 2.751 SEP 13,395.00 12,703.60 11,36t.20 10,547.8e 43,518.$0 47,141.92 -1.211 3.611 OCT 12,843.30 10,856.6e lOjZ6.1e 13,51:.50 57,037.30 51,416.22 HOV 7,814.10 8,628.20 8,221ON R,&4L4I 65,U0.7l 67,737.35 -L04t 5.471 OEC 5,54185 5,912.8G 4,915.01 4,783.00 70,4617R 73,2:142 -LISt 5.871 38N 14,750.90 11,317.40 11,02S.35 12,114.15 82,578.65 85,822.86 -1711 8.011 FEB 10,537.45 11,34110 1,322.15 1,211.R5 91,U1.70 96,348.3! -4.641 HER S,472.04 1,585.ON 5,481.31 5,722.0S 17,599.75 102,131.08 -5.1R 1.111 APR U2,440.29 283,U~.41 241,t41.S9 251,30~.16341,901.91 331,411.11 3.111 29.011 HAY 767,409.62 709,44126 ~59J6S.33 774,0S~.~5L122,960.S6 L092,945.72 2.751 ~3.5~ JUN 117,711.20 1~,346.ON 95,3ON.40 U,039.60 1,2U,O~.16 1,20L~.N l.~ lOl.O~ TOTAL: 1,187,U6.15 1,180,157.41 1,111,611.02 1,212,001.16 1,212,000.1& 1,20Q,O~.ON LOOt IOI.ONi · (TO OATE) (TO B~TE) tINCREASE 1.9~t '0.831 O.Ut 1::11::::::::::::::::::::::::::::::::::::::::::::::::::: (10 OATE) Projected Collectiofls are based o~ proratioe of previo~s three yeare data. 16 7O0 4~0 -- 200-- 100 -- 0 FINES AND FORFEITURE REVENUE I~ ~9~7 FY 1968 I~ 1969 P( 1990 F'~¢N. ~ CITY OF EOAEOgE, VIItGIDIA TOTAL FIDES AND FORFSITODU$ EUVEDGg HISTORY EDCAP ~! 1387 - FY 1390 t PiOJECTED I TOT S0NTE FY 1987 FY 1988 FY 1989 FY 1990 FT 1990 TTD COLLECTZOED S VAGIAECE BUDGET JUL 35,027,96 44,892,20 42,153,76 49,732,94 49,732.94 40,008,18 24,310 AUG 30,431,1! 38,315.18 57,572.01 52,366,80 102,099.74 81,403,$3 25,421 17,98E EDP 40,917.43 44,0?4.44 56,649,60 48,126.16 148,225,90 127,494,79 16.261 28,101 OCT 39,101,49 46,558,51 68,11?.?T 61,187,92 209,413.82 17T,923,?6 17,?01 38,871 NOV 35,132,04 43,311,52 64,421,38 40,049,03 249,462.85 224,?43.60 tl.OOi 43,92E DUC 26,?60,55 50,78O.21 56,237.19 45,251,84 294,114.60 268,586,00 9,731 51,891 JAD 32,017.50 48,9?9,80 66,044.00 51,811,00 346,525,89 318,928.50 9.341 81,011 FEB 36,715.85 47,803,00 62,453.11 51,555,50 398,081.10 385,104,0O 0.031 70,081 SiR 46,324,70 55,964.19 ?0,804.02 56,154.5? 454,235.76 421,928.82 ?.06E APG 40,980.?0 46,320.58 53,T20,10 51,623.45 505,859,21 468,147.46 8,081 89.06E EAT 42,342.88 40,8?6.59 81,634,78 50,110,24 555,0?8.45 518,241,00 ?.22E 97.88E JUM 51,681.73 51,014,9O 48,628.?2 47,245,61 802,224.00 568,000.00 6.20E 106,201 TOTALS 457,734.03 566,993.37 ?08,454.44 802,224,0l 603,224.06 S68,000.00 6.20E 106,20Z (~ DATE) (TO ~[HCBKASE ll,47E 22,811 24,951 '14.851=;:=====:=::====::=:=======:==:::=======::====::==: (TO OATS) Projected Collections are hated on proFUSion o! provioul throe Fears data, 17 CITY OP EOANOEE, VIEOtEIA 06NEgAL PUNU EEP6NOITU~6E AND ENCUEBRANCEE YEAR ENOEU JUNE 30, 1990 Category Uovernment Judicial Administra- tion Public 6nfety Public Works Health and Welfare Education Parks, Eecrea- tion ~nd Cult- ural Community De- velopment Non Depart- mental Total Expenditures k Appropriations Encumbrances Unencumbered E Unencumbered 28,191,701 28,104,92Z {86,829 1.06% {3,166,659 $2,061,?14 2102,846 LZSE {26,184,243 $Z6,927,911 {246,432 0.94% 219,923,257 219,096,894 2221,763 1.65% {12,392,700 218,081,882 2310,822 2.61% {62,626,246 {62,229,$26 2296,?10 0.4?% 22,696,018 23,617,428 {28,862 21,262,186 $1,Z$1,265 210,821 0.86% $14,{20,727 214,806,292 2124,474 S163,333,002 2151,786,722 {1,640,280 1.01% 18 GENF~A~ FUND CONTINGENCY BALANCE AS OF ~ 30, 19~0 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 Corm~unity Planning Management and Budget Management and Budget Building Maintenance Miscellaneous Management and Budget Management and Budget Economic Development Economic Development Management and Budget Dir. of Human Resources Library Social Services Emergency Services Dir. of Human Resources 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 Personnel Lapse City Manager City Manager City Manager Community Planning Juvenile Court Services Building Maintenance Jail 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 Excess Personnel Lapse Operating Expenses Operating Expenses Operating Expenses Sister City Expenses Professional Services Building Maintenance Contingency Reimbursement $ 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 13,246 5,0OO) 5,000) 2,965) 3,000) 5,000) 2,778) 1~709 GENERAL FUND CONTINGENCY BALANCE AS OF JUNE 30, 1990 (Continued) Maintenance of Fixed Assets Contingency: Balance July 1, 1989 Building Maintenance Building Maintenance Building Maintenance Street Paving Building Maintenance Building Maintenance Building Maintenance Economic Development Third Street Annex Roof Melrose Library Roof Roof Repairs Paving Heating/Cooling Equipment Mill Mountain Fencing Building Maintenance Van $ 200,000 50,000) 14,200) 30,985) 25,000) 10,500) 9,824) 42,004) 17~487) Equipment Replacement ContingencT: 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 Street Maintenance Transfer to Capital Fund School Buses Typewriter Flood Reduction Vehicles Radios Vehicles Vehicles Vehicles Recycling Program Vehicle Automated Meter Reading Grant Local Match Thermoplastic Applicator 460 East Fire Station Total Contingency Balance $ 750,000 (150,000) ( 875) (150,000) 88,508) 37,375) 20,480) 15,940) 17,474) 35,000) 30,515) 41,646) 6,438) 63,827) (91,922) - 0 - 20' CITY OF ROANOKE GENERAL FUND STATEHI~T OF REVEI~FE 6enera~ Propex~ Taxes Other Local Teses Pemits, Fees, and Licenses Fines and Forfeitures Revenue From Use of ~oney & Proper~y ~duca~ton ~rants-tn-~id Federal 6over-.~t Charges for Current ~ervices ~iscelleseous Revenue Internal ~ervices Total $ 42,668,381 $ 46,067,741 7.97% $ 45,501,500 34,381,148 35,951,476 4.57% 35,423,000 453,572 464,441 2.40% 445,000 708,454 603,224 (14.85%) 568,000 Pe~L c,g ~stl~sta 101.24% 101.49% 104.37% 106.20% 1,359,927 1,457,789 7.20% 1,456,000 100.12% 30,910,336 31,778,240 2.81% 31,718,251 100.19% 22,691,957 23,342,685 2.87% 23,278,225 100.28% 934,877 42,799 (95.42%) 27,000 158.51% 2,076,405 2,642,248 27.25% 2,435,506 108.49% 714,435 313,454 (56.13%) 371,428 84.39% 1.580.968 lr623fS09 2.69% lr545,800 105.03% $138.480.460 $144,287,606 4.19% $142,769,710 101.0~% 21 CITY OF ROANOKE, VIRGINIA GENERAL FUI~ STATEMENT OF EXPENDITURES AND ENCT/MBRANCES 6enaral Governm~.t Judicial i~ -~str~tion Public Safety Public ~orks Health ~d ~lf~ P~, R~on & ~t~ ~ty ~val~t ~ti~ Non-~tal Total $ 7,844,854 $ 8,104,932 3.32% $ 86,829 2,798,968 3,061,714 9.39% 103,845 24,094,405 25,937,911 7.65% 246,432 19,699,950 19,595,594 (0.53%) 327,763 11,350,670 12,081,882 6.44% 310,823 3,355,491 3,617,435 7.81% 38,583 1,214,675 1,251,366 3.02% 10,820 58,494,603 63,329,636 8.2~% 296,710 7,945,058 8,378,447 5.45% 4.074.037 6.427.805 57.77% 124,475 $140.872.711 $151,786,722 7.75% $1,546o280 8,191,761 98.94% 3,165,559 96.72% 26,184,343 99.06% 19,923,357 98.35% 12,392,705 97.49% 3,656,018 98.94% 1,262,186 99.14% 63,626,346 99.53% 8,378,447 100.00% 6.552.280 98.10% $153,333,002 98.9? 22 CAPITAL PROJECTS FI~qD STATEMENT OF EXPBIqDITURES, ENCOHBRMIC~S AI~ UN~C~(BERBD APPROPRIATIONS SUI~(ARY AS OF ~ 30, 1990 General Gover-~mt Education Recreation Streets and Bri~es ~aitatio~ Projects Traffic Eagieeerin~ & Co~nication Other I~frastructure Projects Capital I~veeent Reserve Total Capital Projects Fund 1,427,922 $ 5,133,120 $ 6,561,042 $ 5,181,384 $ 1,379,658 $ 82,622 $ 1,297,036 602,225 9,407,342 10,009,567 5,705,028 4,304,539 885,910 3,418,629 54,194 667,423 721,617 586,494 135,123 96,759 38,364 1,112,191 5,018,322 6,130,513 3,840,109 2,290,404 1,765,095 525,309 4,223,475 4,289,973 8,513,448 7,866,232 647,216 513,287 133,929 1,151,281 153,795 1,305,076 983,634 321,442 2,350 319,092 267,514 14,288,175 14,555,689 712,330 13,843,359 130,090 13,713,269 2,969,073 1,176,017 4.145.090 4,145,090 4,145,090 $11.807.875 ~40.134.167 $51.942.042 $24.875.211 $27.066,831 ~3.476.113 $23,590,71a 23 CITY OF ~OANOK~ WAT~/~ FuND C0~PA~ATi-~E IN~0~ STATE~ FOR THE 12 ~ONTHS ~)~D ~ 30, 1990 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Flood Damage Reimbursement Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expenses Total Non-Operating Expenses 1990 $1,073,689 1,445,792 101,377 45,765 988,926 254~183 3~909~732 849,603 1,827,389 367,282 191~789 3~236~063 673,669 702~619 28,950) 191,555 8,389 8,209 208~153 179,203 10~000 10~000 1989 $1,050,647 1,458,110 104,401 65,099 991,787 397~936 4r067r980 801,231 1,367,369 409,787 210r045 2r788r432 1,279,548 688~099 591r449 196,191 7,950 1,007 4,196 61r932 271~276 862,725 18~267 18~267 Net Income ~ 169~203 $ 844~458 24 WATE~ FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect 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 $ 159,257 108,240 99,979 12,103 45,507 5r794 430,880 237r799 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 25' CITY OF RO~NOK~ SE~A(~E TREATMENT FUND COMPARATi'%~ INC~ STAT]~ENT FOR 'l~ 12 ~ONTHS ENDED JI~NE 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 Transfer from General Fund Total Non-Operating Income Income Before Non-operating Expenses Less: Non-Operating Expenses Interest Expenses Loss on Disposition of Assets Total Non-Operating Expenses 1990 $3,843,046 954,738 304,986 1,387,525 58,140 145,829 17r722 6r711~986 1,303,008 4~013~556 5~316~564 1,395,422 949~252 446r170 219,342 36,080 13,801 269~223 715,393 84,375 84~375 1989 $3,868,092 660,178 244,112 898,039 49,532 105,352 19~082 5~844~387 1,245,176 3~942~285 5r187~461 656,926 925~606 (268,680) 247,579 232,396 29,697 7,453 40t000 557~125 288,445 102,690 5~525 108r215 Net Income $ 631~018 $ 180~230 26 SEWAG~ T~EAT~T CONTINUED Capital Outlay Not Included in Operating Expenses: Project 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 27,238 25,721 66,281 281,456 373,360 482,816 523,234 416,288 136,026 23,164 157,475 121~733 2,634,792 lt202~772 $1~432~020 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 27 ROANOK~ REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STA'I'Fa~ENT FOR THE 12 MOI~T~IS ENDED JUNE 30, 1990 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Comissions Fuel and Oil Sales Cormmissions 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 on Revenue Bonds Interest Income - Airport Debt Service Account State Grant for Advertising Federal Grant for Noise Study Roanoke County Base Service Fee Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Bond Discount Amortization Interest Expense 88 Revenue Bonds Amortization of Bond Issuance Expense Paying Agent Fees Noise Study Total Non-Operating Expenses Net Income ,1990 $ 487,031 162,121 142,511 756,664 34,126 1,823,262 21,828 37r951 3r465t494 880,261 lt387t841 2t268r102 1,197,392 lt074t729 122t663 222,945 40,424 46,188 264r640 574r197 696,860 100,800 1,106 412,081 10,428 3,104 48r619 576r138 $ 120t722 1989 $ 429,619 163,654 196,011 28,944 24,300 1,585,010 32,802 80~792 2~541~132 565,518 lr289~760 lf855~278 685,854 606t078 79~776 216,235 169,654 11,483 264r640 662t012 741,788 105,121 1,050 169,654 10,428 286t253 $ 455,535 28 ROANOKE REGIONAL AIRPORT COmmISSION CONTINDED Capital Outlay Not Included in Operating Expenses: Project Runway Extension #23 New Terminal Building Terminal Related Projects General Aviation Development Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 283,886 23,778,785 44,870 21r391 24,128,932 18r975~312 ~ 5r153~620 NOTE: Some of these projects are continued from FY87, FY88, and FY89 with inception to date totals. 29 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STAgnaNT FOR THE 12 HON'I'HS ENDED ~ 30, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Co~uissions 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) Add: Non-Operating Income Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating Income 1990 $ 459,174 99,392 181,810 9,220 167,370 162r122 1,079~088 573,070 304,294 709,890 87,536 8t908 1~683,698 604,610) 350t683 955,293) 655,650 43,449 6t277 705~376 1989 $ 420,869 94,454 152,979 9,288 145,303 136t569 959,462 529,825 388,14~ 602,673 72,743 6~500 lr599t887 (640,425) 343r062 (983,487) 756,340 50,059 4r923 811r322 Net (Loss) $( 249,917 ) 172,165) 30 CIVIC CE~'£~ lwUND Capital Outlay Not Included in Operating Expenses: Project 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 $162,606 45,124 28~063 235,793 62r628 $173,165 NOTE: Some of these projects are continued from FY88 and FY89 with inception to date totals. 31 CITY OF ROANOI~ IN'r~2~NAL SERVICE FUND COMPARATIVE INCONE STATENENT FOR THE 12 MONTHS ENDED ~JNE 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 Transfer from Other Funds Operating Supplement Interest on Investments Total Non-Operating Income Income Before Non-operating Expenses Less: Non-Operating Expenses Loss on Disposition of Assets Total Non-Operating Expenses Net Income 1990 $6r549r468 6r549~468 3,943,277 2~068~981 6r012~258 537,210 511r814 25~396 158,809 141~994 300~803 326,199 451 451 325,748 1989 $6~184r991 6r184~991 3,690,751 lr795~499 5~486~250 698,741 688r103 10r638 39,158 100~047 139~205 149,843 16~976 16~976 $ 132~867 32 SERVICE FDND CONTINDED Capital Outlay Not Included in Operating Expenses: Project MS - Vehicular Equipment CIS - Other Equipment MC - Furniture & Equipment MVM - Other Equipment ULS - Furniture & Equipment ULS - Vehicular Equipment ULS - Other Equipment ULS - Land Purchase ULS - Construction - Structures Total Year to Date Expenditures $ 12,898 106,371 8,839 1,767 3,145 99,585 27,690 2,380 78~187 $340~862 33 CITY OF ROANOKE, VIRGZNIA CITY TREASURER'S OFFZCE GENERAL STATENENT OF ACCOUNTABILITY FOR THE NUNTN EM)ED JUNE 30, 1990 TO THE DIRECTOR OF F[NANCE: GENERAL 5TATENENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOD THE FUNDS OF SAID CITY THE NONTN ENDED dUNE 30, 1990. FUND GENERAL CAPITAL DEBT SERVICE SEWAGE THEATNENT AIRPODT CIVIC CENTER INTERNAL BERUICE PAYROLL PUBLIC ASSISTANCE FIFTH DIST CONSORTIUN BRANT PfiOGRANB BALANCE AT NAY 91, 1990 $1D,35E,750.17 0747,359.80 IB,IOE,99B.B7 SB,AR7,0DB.SD 02,992 733.83 $585 139.30 01,605 635.90 ($1,548 300.61) (6362 166.76) (685 026.7D) (U,109 395.27) RECEIPT6 $11,426,090.12 9997,646.42 05,809 399.96 6636 320.76 0977 754.87 0327 507.37 $215 624.65 0669 799.A6 07,707 886.30 0392 798.21 Sl,296 307.32 DISBUDSEHENTS BALANCE AT BALANCE AT dUN 30, 1990 dUNE 30, 1989 611,861,305.92 99,948,891.44 615,797,462.45 06,726,982.70 J12,563,415.89 elR,94D,440.79 $D29,000.00 06,S27,YD9.76 $6,178,16E.81 0572,183.84 92,16T,130.79 02,195,R03.94 $1,935,124.84 01o529,683.7! $2,548,979.24 J440,128.86 $2,RRO,1IR.34 03,342,416.38 9189,675.38 0611,088.57 0849o550.18 $804,616.61 $1,670,618.T5 01,514,874.65 $8,392,820.26 ($2,23R,RR4.57) ($R,473,047.R4) ABRa,171.40 10361,539.95i ($307,3NE.81) $aoR,D66.13 (01M),74R.94) 09,214.1& 0543,280.71 0244,131.24 062,248.19 TOTAL .. S36,291,092.43 BDl,192,ABB.DD $32,295,956.65 S35,187,609.03 042,634,B.~.74 C~TIFICATE Z HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEHENT OF NY ACCOUNTABILITY TO THE CITY OF DOANOKE, VZDGZNZA, FOR THE FUNDS OF THE CARIOUS ACCOUNTS THEREOF FOR THE NUNTH EM)Ik~ JUNE 30, 1990 THAT SAID FOREGOZNC: CERTIFICATES CASH OF OE~SITS CASH IN HAND 0315,172.91 CASH IN BANK (0~7,563.OR) UNITED STATES SECURITIES [NVESTNENTS ACQUIRED FAUN CONPETITIUE PROPOSALS: CHAPTEP FEDEPAL SAVINGS BANK $9,000,000.00 COflEAST SAVING6 BANK 010,000,000.00 OONZNION BANK PERPETUAL SAVINGS SANK SIGNET SANK 010,000,000.00 03,000,000.00 03,~00,D00.00 TOTALS 0313,179.91 (0327,56R.88) 09,000,000.00 010,000,000.00 03,200,000.00 JlO,OO0,O00.OO BO,O00,O00.O0 TOTALS ($1R,390.97) 03~,000,00R.03 00,RO0,O00.O0 035,I67,609.03 E CITY TREASUDE~ 34 CITY OF ROANOK~ P~NSION PLAN STAT~MF_~T OF ~ AND K~P~NSES FOR THE 12 MONTHS ENDED a~]NK 30, 1990 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1990 5,824,774 6,663,245 1,568,893 269t966 $14t326t878 1989 $ 4,965,290 6,081,382 3,206,340 234f933 $14f487f945 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 4,771,823 568,936 13,868 185,706 171~899 5~712~232 $ 8r61%646 $ 4,474,847 431,149 24,374 250,291 124~172 5f304~833 $ 9~183~112 35 CITY OF ROANOKE PENSION ~ BAI2~NC~- SHEET AS OF Jb3~ 30, 1990 ASSETS Cash Investments: (market value - 1990 $112,023,258 1989 $101,785,034) Due From Other Funds Accrued Investment Income Total Assets 1990 1989 6,028 $ 5,389 102,880,140 366,316 lr320~947 $104~573~431 94,320,547 323,526 1~271~815 $95f921~277 LIABILITFF-S AND ~ BALANC~ Accounts Payable Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 149r711 $ 112r203 149~711 112~203 $ 95,809,074 8~614~646 104r423r720 $104t573r431 $86,625,962 9r183~112 95f809~074 $95~921f277 36 Office of the City Clerk August 15, 1990 File #24A-79-322 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30198-81390 amending and reordaining the Code of the City of Roanoke (1979), as amended, by adding a new §20-33.1, Same requirements; obtaining license plate, tag or decal a condition precedent to discharge of violation, to provide that it shall be unlawful to fail to obtain required vehicle license plates, tags or decals and to provide that the fine for such offense may not be discharged without proof of compliance with the licensing requirements. Ordinance No. 30198-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc . 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. 0. Box 1016, Salem, Virginia 24153 The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. W. Robert Herbert Page 2 August 15j 1990 pc: The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Patsy Testerman, Clerk, Circuit Court The Honorable Donald S. Caldwell, Co~onwealth's Attorney The Honorable Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court The Honorable Ronald Albright, Clerk, General District Court The Honorable Gordon E. Peters, City Treasurer The Honorable Jerome $. Howard, Jr., Co~issioner of Revenue Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. George C. Snead, Jr.j Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Raymond F. Leven, Public Defender, Suite 4R, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhounj Law Librarian Mr. Robert L. Laslie, Vice President· - Supplements, Municipal Code Corporation, P. 0. Box 2235. Tallahassee, Florida 32304 IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30198-81390. AN ORDINANCE to amend and reordain the Code of the City of Roanoke (1979), as amended, by adding a new $20-33.1, Same - require- ments; obtaining license plate, tag or decal a condition precedent to discharge of violation, to provide that it shall be unlawful to fail to obtain required vehicle license plates, tags or decals and to provide that the fine for such offense may not be discharged without proof of compliance with the licensing requirements; and providing for an emergency. 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: S20-33.1. Same - requirements; obtaining license plate, tag or decal a condition precedent to discharge of viola%ion. (a) It shall be unlawful for any owner of a motor vehicle, trailer, or semi-trailer to fail to obtain and display any license plate, tag or decal required under the provisions of this article or to display upon a motor vehicle, trailer, or semi-trailer any such license plate, tag or decal after its expiration date. (b) A violation of this section may not be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license plate, tag or decal has been obtained. 2. In order to provide for the usual daily operation of the muni- cipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. WILBURN C. DIBUNG, JR. CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL t3UILDING ROANOKE, VIRGINIA 240~ 1-1595 ~"J August 13, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: City decals Dear Mrs. Bowles and Gentlemen: As you may be aware, the City Code currently requires resi- dents to pay their personal property taxes before obtaining their motor vehicle decals. It has recently come to our attention that many persons who are required to pay personal property taxes and obtain City decals fail to do so even after being issued a ticket for not having the required decal. Apparently, some violators believe that the risk of a fine for this offense is not sufficient incentive to compel them to pay their personal property taxes and decal fees. Section 46.2-752 of the Code of Virginia (1950), as amended, authorizes cities to provide by ordinance that the failure to obtain and display any required motor vehicle license or the use of a city license after its expiration date is a misdemeanor. This statute also authorizes the ordinance to provide that a violation of the ordinance may not be discharged by payment of the fine unless the violator presents evidence that the required license has been obtained. This latter provision would put some "teeth" into the City's efforts to make sure that all parties comply with the decal licensing and personal property tax requirements. City Council's recent decision to institute proration of personal property taxes provides additional impetus for this type of action. Attached to this report is an ordinance which I have prepared under authority of the above-mentioned section of the State Code. The Chief Judge of the General District Court, the Chief of Police and the Commissioner of Revenue have indicated their concurrence in this ordinance which I recommend to you. The Honorable Mayor of City Council August 13, 1990 and Members Page 2 I will be pleased to respond to any questions which members of Council may have with regard to this matter. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:WXP:fcf Attachment cc: W. Robert Herbert, City Manager The Honorable Jerome S. Howard, Jr., Commissioner of Revenue George C. Snead, Jr., Director, Administration and Public Safety M. David Hooper, Chief of Police Mary F. Parker, City Clerk Office of the City Clerk August 15, 1990 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calendar days. Ordinance No. 30200-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, August 13, 1990. /'*-~ ~ ~*Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:sw E~c. pc: Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffineo City Engineer Ms. Sarah E. Fitton, Construction Cost Technician ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Steven L. Walker, Manager, ~ter Pollution Control Ms. Dolores C. Daniels, Citizens' Request for Service Plant Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 15, 1990 File #468B Mr. J. ~. Christenbury Vice-President Acorn Construction, Ltd. P. 0. Box 625 Troutville, Virginia 24175 Dear Mr. Chris£enbury: I am enclosing copy of Ordinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calendar days. Ordinance No. 30200-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. S i nce re l y ,~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #468B Mr. Dewey G. Lush, Jr. President Structures & Utilities Company, P. 0. Box 2218 C~ristiansburg, Virginia 24068 Dear Mr. Lush: I am enclosing copy of Ordinance No. 302~0-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the ~ter Pollution Control Plant, in the total amount of $118,900.00 and 19~ consecutive calendar days. Ordinance No. 3~200-81390 ~vas adopted by the Council of the City of Roanoke at a regular meeting bela on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 15, 1990 File #468B Mr. Scott P. Cahill Vice-President Dixie Contractors, Inc. 2020 East Franklin Street Richmond, Virginia 23223 Dear Mr. Cahill: I am enclosing copy of Ordinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calenaar days. Ordinance No. 30200-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk M~P:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #468B ~r. S. C. Rossi President S. C. Rossi & Company, Inc. 1410 16th Street, S. E. Roanoke, Virginia 24014 Dear Mr. Rossi: I am enclosing copy of Crdinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calendar days. Ordinance No. 30200-81390 was adopted by~ the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the ~ayor and Members of City Council, I would li~e to express appreciation for submitting your bid on the above- described project. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 Fi~le #468B Mr. B. P. Showalter Vice-President/Secretary H. Hamner Gay ~ Company, Inc. P. 0. Box 11908 Lynchburg, Virginia 24506 Dear Mr. Showalter: I am enclosing copy of Ordinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calendar days. Ordinance No. 30200-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Chumh Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk August 15, 1990 File #468B Mr. Stanley G. Breakell President Breakell, Inc. P. O. Box 6414 Roanoke, Virginia 24017 Dear Mr. Breakell: I am enclosing copy of Ordinance No. 30200-81390 accepting the bid of Acorn Construction, Ltd., for alterations to ~3 Aeration and #3 and #4 Nitrification Basins at the Hater Pollution Control Plant, in the total amount of $118,900.00 and 120 consecutive calendar days. Ordinance No. 30200-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. ©n behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~D~.~._~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30200-81390. VIRGINIA, AN ORDINANCE accepting the bid of Acorn Construction, Ltd., for alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant, upon certain terms and con- ditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and pro- viding for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Acorn Constructionl Ltd., in the total amount of $118,900.00 and 120 consecutive calendar days, for alterations to #3 Aeration aM~ #3 and #4 Nitrification Basins at the Water Pollution Control Plant, as more particularly set forth in the August 13, 1990 report of the City ~anager to this Council, such bid being in full compliance with the City's plans and specifica- tions made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City ~anaEer or the Assistant City ~anager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the success- ful bidder, based on its proposal made therefor and the City's spe- cifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations to #3 Aeration and #3 and #4 Nitrification Basins Water Pollution Control Plant Roanoke, Virginia I. Back~round: A. City Council at its July 23, 1990 meeting, publicly opened and read aloud the bids received for Alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant. B. Six (6) bids were received with Acorn Construction, Ltd. sub- mitting the low bid in the amount of $118~900.00 and 120 con- secutive calendar days. C. Work consists of the replacement of the air supply to the Aeration and Nitrification Basins. D. Alternate No. 1 is to remodel an additional basin. The City does not wish to add an additional basin at this time. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the Contract Documents. B. Amount of the low bid. C. Funding for the project. D. Time of completion. III. Alternatives are: A. Award a lump sum contract to Acorn Construction, Ltd. in the amount of $118~900.00 and 120 consecutive calendar days for Alterations to #3 Aeration and #3 and #4 Nitrification Basins in accordance with the Contract Documents as prepared by the Office of the City Engineer. Page 2 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. 3. Funding for this project is in Sewage - Maintenance Account #003-056-3155-2048. 4. Time of completion is acceptable. B. Do not award a lump sum contract to Acorn Construction, Ltd. at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if re-bid at a later date. 3. Funding would not be encumbered at this time. 4. Time of completion would be extended. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Bo Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Acorn Construction, Ltd. of Troutville, Virginia, for Alterations to #3 Aeration and #3 and #4 Nitrification Basins at the Water Pollution Control Plant according to the Contract Documents as prepared by the Office of the City Engineer in the amount of $118~900.00 and 120 consecutive calendar days. C. Fundin8 is available in Sewage - Maintenance Account # 003-056-3155-2048 as follows: Contract Amount Contingency $118,900.00 11~100.00 TOTAL $130,000.00 D. Reject the other bids received. Page 3 WW/LBC/mm Attachment: CC: Tabulation of Bids City Attorney Director of Finance Citizens' Request for Services City Engineer Construction Cost Technician Respectfully submitted, William White, Sr.~ Chairman William F. Clark Kit B. Kiser TABULATION OF BIDS ALTERATIONS TO #3 AERATION & #3 AND #4 NITRIFICATION BASINS WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Bids opened before Roanoke City Council on July 23, 1990 at 2:00 p.m. BIDDER BASE BID ALT ~1 NO. DAYS BID BOND Acorn Construction, Ltd. $118,900.00 $36,900.00 120 YES S. C. Rossi & Co., Inc. $121,411.50 $39,000.00 90 YES Breakell, Inc. $128,200.00 $40,500.00 290 YES H. Hamner Gay & Company, Inc. $134,000.00 $40,000.00 185 YES Structures & Utilities Co.,Inc $139,800.00 $46,000.00 220 YES Dixie Constructors, Inc. of Virginia $168,500.00 $54,160.00 310 YES Alternate #1: Remodel one additional basin. Engineer's Estimate: $135,000.00 William White, Sr., C/airman William F. Clark Kit B: Ki~er Office of City Engineer Roanoke, Virginia August 13, 1990 Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Alterations to #3 Aeration and #3 and #4 Nitrification Basins Water Pollution Control Plant Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Attachment: cc: Bid Committee Report City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager Office of the City Clerk July 25, 1990 File #468B Mr. William ~hite, Sr., Chairman ) Mr. ~illiam F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for alterations to No. 3 Aeration and Nos. and 4 Nitrification Basins at the Water Pollution Control Pla~ were opened and read before the Council of the City of Roanoke a regular meeting held on Monday, July 23, 1990: BIDDER BASE BID TOTAL ALTER,¥ATE NO. I Acorn Construction, Ltd. S. C. Rossi & Co., Inc. Brea~ell, Inc. H. Hamner Gay & Co., Structures & Utilities Co., Dixie Contractors, Inc. $118,900 121,411 128,200 134,000 139,800 168,500 O0 $36,900.00 50 39,000.00 O0 40,500.00 O0 40,000.00 O0 46,000.00 O0 54,260.00 On motion, duly seconded and adopted, the bids were referred you for tabulation, report and recommendation to Council. 3 to Sincerely, Yary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #27 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road Hollins Road, N. E., storm drainage improvements. Orainance No. 30202-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Mr. Mr. Ms. Mr. Ms. Mr. Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Kit B. Kiser, Director of Utilities and Operations Dolores C. Daniels, Citizens' Request for Service Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #27 Mr. ~yne A. Dixon, P.E. President Dixon Contracting, Inc. P. O. Box 108 Fincastle, Virginia 24090 Dear Mr. Dixon: I am enclosing copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road - Hollins Road, N. E., storm arainage improvements. Ordinance No. 30202-81390 was ad~pted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (7'03) 981.2541 Office of the City Clerk August 15, 1990 File #27 Mr. Aaron J. Conner Vice-President Aaron J. Conner General Contractors, P. O. Box 6068 Roanoke, Virginia 24017 Dear Mr. Conner: I am enclosing copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for ~ae Planta~i¢ Road - Hollins Road, N. E., storm drainage improvements. Ordinance No. 30202-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and ~embers of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~lary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 Fi le #27 Mr. E. C. Pace, III President E. C. Pace Company, Inc. P. 0. Box 19685 Roanoke, Virginia 24027 Dear Mr. Pace: I am enclosing copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road Hollins Road, N. E., storm drainage improvements. Ordinance No. 30202-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- describe~ project. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #27 Mr. Michael ~. Branch Vice-President Branch Highways, Inc. P. 0. Box 8302 Roanoke, Virginia 24014 Dear Mr. Branch: I am enclosing copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road Hollins Road, N. E., storm drainage improvements. Ordinance No. 30202-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City C;erk August 15, 1990 File #27 Mr. John ~. Douthat Vice-President Allegheny Construction Company, 2920 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Inco Dear Mr. Douthat: I am enclosing copy of Ordinance No. 30202-81390 accepting the bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road - Hollins Road, N. E., storm drainage improvements. Ordinance No. 30202-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- aescribed project. Sincerely, Mary F. Parker, C~4C/AAE City Clerk MFP:ra Eric. Room 456 Municipal Building 215 Chu;ch Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30202-81390. VIRGINIA, AN ORDINANCE accepting the bid of Dixon Contracting, Inc., for the Plantation Road - Nollins Road, N.E., storm drainage improve- ments, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Dixon Contracting, Inc., in the total amount of $407,517.25, for the Plantation Road - Hollins Road, N.E., storm drainage improvements, as more particularly set forth in the August 13, 1990 report 6f the City Manager to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the success- ful bidder, based on its proposal made therefor and the City's spe- cifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk August 15, 1990 File #60-2? Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30201-81390 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $427,643.00 from Capital Improvement Reserve, Public Improvement Bonds, Series 1988, to Pla~tation Road - Hollins Road, N. E., Storm Drain, in connection with award of a contract to Dixon Contracting, Inc., for construction of the Plantation Road Hollins Road, N. E., Storm Drain between Tinker Creek and 3172 Plantation Road. Ordinance No. 30201-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August i3, 1990. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sw Eric . pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City Engineer Us. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Bullding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN T~ COUNCIL OF 'r~ CITY OF ROANOKE, VIRGINIA The 13th day of August, 1990. No. 30201-81390. AN ORDINANCE to amend and reordain certain sections the 1990-91 capital Fund Appropriations, and emergency. WHEREAS, for the usual daily operation of Government of the exist. providing for 'an 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Plantation Ro&d - Hollins Road Storm Drain (1) ..... Capital Improvement Reserve Public Improvement Bonds - Series 1988 (2) ......... 1) Appr. from Bonds (008-052-9658-9001) $ 427,643 2) Storm Drain (008-052-9603-9176) (427,643) $8,941,091 427,643 3,717,447 1,544,046 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. A%'r~ST: this City Clerk. Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Plantation Road - Hollins Road, N.E. Storm Drain between Tinker Creek and 3172 Plantation Road, N.E. I. Back, round: Bo Project is located in the northeast quadrant of the City of Roanoke and was included in the original Williamson Road Storm Drain Study approved by City Council. Co Project consists of adequate storm drainage facilities to replace an existing drainage well that has failed and has a long history of ponding and maintenance problems with the heavily traveled road caving in across two (2) lanes of traffic. City Council received and publicly opened five (5) bids for the project on Monday, July 23, 1990 with Dixon Contracting, Inc. submitting a low base bid in the amount of $407~517.25. II. Issues: A. Compliance of the low bidder with Contract Documents B. Amount of low bid C. Fundin~ for construction D. Right-of-way availability III. Alternatives: mo Award a unit price contract to Dixon Contracting, Inc. in the amount of $407~517.25 and establish a five percent (5%) con- tingency for the project in the amount of $20~125.00. Page 2 Compliance of the low bidder with the Contract Documents Amount of low bid is acceptable and is 17.8% below the Engineer's Estimate. Fundin8 for construction is available in the Public Improvement Bonds - Series 1988, Storm Drain Account Number 008-052-9603-9176. Right-of-way is available. Ail construction easements have been acquired. B. Reject all bids and re-advertise at a later date. 1. Compliance of the low bidder with the Contract Documents was met and, therefore, is not grounds for rejection. Amount of low bid is less than the Engineer's Estimate ($480~000.00) and, therefore, would not be grounds for rejection. 3. Fundin~ for this project is available and would not be an issue. 4. Right-of-way would not be an issue. IV. Recommendation is that City Council authorize the following action: Authorize the implementation of Alternative "A" and authorize the City Manager to execute a contract with Dixon Contracting, Inc. in the amount of $407,517.25 for the construction of the Plantation Road - Hollins Road, N.E. Storm Drainage Improvements in a form acceptable to the City Attorney. Bo Authorize the Director of Finance to transfer $427~642.25 from the Public Improvement Bonds - Series 1988, Storm Drain Account Number 008-052-963-9176 to a new account titled "Plantation Road - Hollins Road, N.E. Storm Drain" to be established by the Director of Finance to include $407~517.25, contract amount, and $20~125.00, project con- tingency. C. Reject all other bids. Page 3 WW/VRD/mm Attachment: CC: Tabulation of Bids City Attorney Director of Finance Citizens' Request for Service City Engineer Construction Cost Technician Construction Inspector Supervisor Respectfully submitted, William White, Chairman William F. Clark Kit B. Kiser TABULATION OF BIDS PLANTATION ROAD - HOLLINS ROAD, N.E. STORM DRAIN BETWEEN TINKER CREEK AND 3127 PLANTATION ROAD, N.E. CITY OF ROANOKE, VIRGINIA JOB NUMBER 6131 Bids opened before Roanoke City Council on Monday, July 23, 1990 at 2:00 p.m. BID BOND BIDDER BASE BID RECEIVED Dixon Contracting, Inc. $407,517.25 YES Aaron J. Conner, General Contractor, Inc. $454,608.55 YES E. C. Pace Co., Inc. $574,658.00 YES Branch Highways, Inc. $602,125.00 YES Allegheny Construction Company, Inc. $727,622.00 YES Engineer's Estimate: William F. Clark $480,000.00 William White, ~hairm~n Kit B. Kiser Office of City Engineer Roanoke, Virginia August 13, 1990 Roanoke, Virginia August 13, 1990 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Plantation Road - Holllns Road, N.E. Storm Drain between Tinker Creek and 3172 Plantation Road, N.E. I concur with the recommendations of the attached Bid Committee Report. WRH/VRD/mm Respectfully submitted, W. Robert Herbert City Manager Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Construction Cost Technician Construction Inspector Supervisor Office of the City Clerk July 25, 1990 File #27 Mr. ~illiam ~hite, Sr., Chairman Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bias for Plantation Road/Hollins Road, N. E., Storm Drain between 3127 Plantation Road and Tinker Creek, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 23, 1990: BIDDER BASE BID TOTAL *Dixon Contracting, Inc. Aaron J. Conner General Contractor, Inc. E. C. Pace Company, Inc. Branch Highways, Inc. Allegheny Construction Company, Inc. $402,517.25 454,608.55 574,658.00 602,125.00 727,622.00 *Alteration to bid. On motion, duly seconded and aaopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 15, 1990 File #268 Mr. ~. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attacaing copy of Resolution No. 30203-81390 autho, ~ing execution of a membership agreement with Virginia Underg~ ~nd Utility Protection Service, Inc., to provide on call underground utility location service, in the amount of $3,600.00 annually for a term of five years terminating on June 30, 1995. Resolution No. 30203-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Enc. pc: Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Jesse H. Perdue, Jr., Manager, Utility Line Services Ms, Edna B~rge, Miss Utility of Virginia, P. O. Box 6894, Richmond, Virginia 25230 Room 456 Municipal Building 2~= '~hurch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of August, 1990. No. 30203-81390. A RESOLUTION authorizing the execution of a membership agree- ment with Virginia Underground Utility Protection Service, Inc., to provide one call underground utility location service. 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 Virginia Underground Utility Protection Service, Inc., by such firm of one call underground utility location service, more particularly set forth in the August 13, 1990, report of City Manager to this Council. 2. The con%tact authorized by this resolution shall be in the amount of $3,600.00 annually for a term of five (5) years, terminating June 30, 1995. 3. The form of the membership agreement with such firm shall be approved by the City Attorney. for the provision as the ATTEST: City Clerk. ~RbAnoke, ¥irginia August 13, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Underground Location Service - Contract Renewal/Change The attached staff report was considered by the Water Resources Committee at its meeting on July 23, 1990. The Committee recommends that Council authorize the City Manager to enter into a membership agreement on behalf of the City with Virginia Underground Utility Pro- tection Service, Inc., in accordance with conditions stated in the attached report. ETB:KBK:afm Attachment cC: City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Utility Line Services Respectfully submitted, E1 th T. Bowles, Chairman Water Resources Committee CITY OF ROANOKE INT~.DEPARTMENT CO~UNICATION DATE: THRU: TO: FROM: July 23, 1990 W. Robert Herbert, i~ty Manager Chairman and Members, Water Resources Committee 'Jr., Manager, Utility Line Services SUBJF~T: Underground Location Service - Contract Renewal/Change Background: A. Damage to underground infrastructures could cost thousands of dollars resulting from: 1. Interruption of service to consumers 2. Temporary shutdown of business 3. Property damage 4. Personal injury/death City of Roanoke's infrastructure that must be protected consists of: 1. Water transmission mains - 500 + miles 2. Sewer collection system - 500 + miles 3. Water services - 33,910 4. Sewer service laterals - 34,092 5. Hydrants stub services - 2,580 Underground location service, protecting underground infrastructure facilities, has been provided for over 15 years by the Utility Line Services Department. Two full time employees locate water and sewer facilities daily for the city. House Bill 720 enacted by the General Assembly amended the Virginia Underground Utility Damage Prevention Act to require mandatory participation in a certified one call notification center as of July 1, 1990. Bo Do Page 2 go City Council authorized the City to contract with One Number Information Systems, Inc. by ordinance No. 28786 for location service September 14, 1987. II. Current Situation: Participating members of the Miss Utility of Virginia Call Center currently operate under individual contracts with management of the call center. Virginia Underground Utility Protection Service, Inc. was formed in 1989 and consists of all participating members of the Miss Utility of Virginia Call Center. New agreement was established June 4, 1990, between the Virginia Underground Utility Protection Service, Inc., a non-profit, non-stock, tax-exempt corporation and One Number Information Systems, Inc. Do Current individual contracts with One Number Information Systems, Inc. terminated effective with establishment of the June 4, 1990, agreement referenced above. go City of Roanoke will need to sign a new membership agreement with Virginia Underground Utility Protection Service, Inc. in order to stay in compliance with the Act referenced in Section I-D above. III. Issues in order of importance: A. Need B. Legal Requirements C. Cost D. Funding E. Term of contract IV. Alternatives: Committee recommend to City Council that it authorize the City of Roanoke to enter into a membership agreement with Virginia Under- ground Utility Protection Service, Inc. effective August 1, 1990. Need - A one-call system is the most efficient, least cost and reliable means of providing protection from damage to the City of Roanoke's underground infrastructure. Page 3 Bo Legal requirements - Effective July 1, 1990, House Bill 720 required all operators having the right to bury underground utility lines to join a certified notification center. 3. Cost to provide service to the City of Roanoke will be approxi- mately $3~600.00 annually. 4. Funding is available and provided in the Utility Line Services Operating budget for FY 90/91. 5. Term of contract is (5) five years ending June 30, 1995, renew- able at the end of the term as to be determined. Committee not recommend to Council that it authorize the City of Roanoke to execute new membership agreement. 1. Need to provide one-call system to protect the City's under- ground infrastructure will not be met. 2. Legal requirements as required by House Bill 720 will not be met. 3. Cost to provide same service, including start-up cost individ- ually, by the City of Roanoke would be prohibitive. 4. Funding in current FY budget is not sufficient for other alternatives. 5. Term of contract is a moot issue. Recommendation: Committee recommend to City Council that it authorize the City Manager to enter into a membership agreement on behalf of the City with Virginia Underground Utility Protection Service, Inc.; Alternative "A". JHP:de Office of the City Clerk August 15, 1990 File #17-132 Mr. R. Michael Amyx Executive Director Virginia Municipal League P. ~. Box 12203 Ric~mond, Virginia 23241 Dear Mr. Amyx: I am enclosing copy of Resolution No. 30208-81390 designating Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser, respec- tively, as Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and any meetings of the Urban Section of the League to be held in · illiamsburg, Virginia, on September 9, 1990. Resolution No. 30209-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: The The Honorable Noel C. Taylor, Mayor Honorable Howard D. Musser, Vice-Mayor W, RoS~rt He. rbert, City Manager Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 13th day of August, 1990. No. 30208-81390. VIRGINIA, A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the Virginia Municipal League and for any meetings of the Urban Section of the League. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held in Williamsburg, Virginia, on September 9, 1990, Mayor Noel C. Taylor and Vice-Mayor Howard E. Musser, are hereby designated Voting Delegate and Alternate Voting Delegate, respec- tively. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 1990 Annual Conference/Mayor Taylor and Vice-Mayor Musser shall also serve as Voting Delegate and Alternative Voting Delegate, respec- tively, and W. Robert Herbert, City Manager shall be designated Staff Assistant. 3. Mary F. Parker, City Clerk, is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate and Alternate Voting Delegate and to forward such forms to the League. ATTEST: City Clerk. CITY OF ROANOKE INTERDEPART~ENT COMMUNICATION DATE: TO: FROM: SUBJECT: July 30, 1990 · ilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk ~.~ Preparation of Resolution designating and Alternate Voting Delegate for Municipal League Annual Conference Voting Delegate the Virginia Please prepare the appropriate measure for the August 13, 1990, Council meeting, cancelling the regularly scheduled meeting of the Council on Monday, September 10, 1990, inasmuch as the majority of Council will be attending the Annual Meeting of the Virginia Municipal League to be held September 9 - 11 1990, in ~illiamsburg, Virginia. ' Also, please prepare the appropriate measure designating Mayor Noel C. Taylor as the Voting Delegate and Vice-Mayor Howard E. Musser as the Alternate Voting Delegate for the Annual Business Meeting of the Virginia Municipal League, and City Manager, W. Robert Herbert, as the Staff Assistant of the Urban Section Meeting. MFP:ra Office of the City Clerk August 15, 1990 File #132 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am enclosing copy of Resolution No. 30209-81390 cancelling the meetinq of the Council of the City of Roanoke scheduled for Monday. September 10, 1990, at 7:30 p.m., and rescheduling said meeting for ~onday, September 17, 1990, at 7:30 p.m. Resolution No. 30209-81390 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 13, 1990. Sincerely, ~~ Mary F. Pa rker, CMC/AAE City Clerk MFP:sw Enc. pc: The The The The The Mr Mr Mr Mr Mr Mr Mr Mr Mr. Honorable Donald S. Caldwell, Commonwealth's Attorney Honorable Patsy Testerman, Clerk of Circuit Court Honorable Jerome S. Howard, Jr., Commissioner of Revenue Honorable Gordon E. Peters, Treasurer Honorable W. Alvin Hudson, Sheriff W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Von W. Moody, III, Director of Real Estate Valuation Robert H. Bird, Acting Municipal Auditor William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations James D. Ritchie, Director of Human Resources Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 215 Church Avenue, S.W. Roenoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF TRECIT¥ OF ROANOEE, VIRGINIA, The 13th day of August, 1990. No. 30209-81390. A RESOLUTION cancelling the meeting of the Council of the City of Roanoke scheduled for'Monday, September 10, 1990, at 7:30 p.m., and rescheduling said meeting for Monday, September 17, 1990, at 7:30 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Due to the Annual Meeting of the Virginia Municipal League scheduled to be held September 9 - 11, 1990, in Williams- burg, Virginia, which a majority of the members of City Council desire to attend, the meeting of City Council regularly scheduled for Monday, September 10, 1990, at 7:30 p.m., in the Council Chambers of the Municipal Building, 215 Church Avenue, S.W., is hereby CANCELLED and rescheduled for Monday, September 17, 1990, at 7:30 p.m., in ~he Council Chambers of the Municipal Building. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of such can- cellation and rescheduling. ATTEST~ City Clerk. Office of the Mayor August 13, 1990 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Inasmuch as the Annual Meeting of the Virginia ~4unicipal League will be held on September 9 - 11, 1990, in Williamsburg, Virginia, I would like to propose that we will cancel the regular meeting of the Roanoke City Council which is scheduled to be held on Monday, September 10, 1990, at 7:30 p.m. With your con- currence, I would further propose that the regular meeting of Council will be rescheduled for Monday, September 17, at 7:30 p.m. Anticipating that the Members of Council might wish to act on the matter this evening, I have requested that the City Attorney pre- pare a revised measure for your consideration. With kindest personal regards, I am Sincerely yours,M~a or~ Noel C. Taylor, City of Roanoke NCT:jas Room 452 Municipal Building 215 Church Avenue, S. W., Roanoke, Virginia 24011 (703) 981-2444 Office of the City Clerk August 20, 1990 File #467 Mr. James M. Turner, Jr., Roanoke City School Board P. 0. Box 1689 Salem, Virginia 24153 Chairman Dear Mr. Turner: At the regular meeting of the Council of the City of Roanoke held on Monday, August 13, 1990, on motion, duly seconded and adopted, Council requested information from the Roanoke City School Board with regard to school policy prohibiting the use of beepers or other portable communication devices in the schools by persons other than school officials and others on official school busi- ness. Sincerely, Mary F. Parker, CMC/AAE City Clerk ~FP:ra pc: Members of the Roanoke City School Board Dr. Frank P. Tota, Superintendent of 13145, Roanoke, Virginia 24031 Schools, P. O. Box Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541