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Council Actions 09-08-86
28339 (Gar) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL September 8, 1986 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call· All present. The invocation will be delivered by the Reverend Nicholas Bacalis, Pastor, Holy Trinity Greek Orthodox Church. Preempt. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. PUBLIC HEARINGS A. Public hearing on the request of Paul A. Duncan and Gary A. Duncan that a certain tract of land containing 2.21 acres, located at Woodbridge Avenue and Peters Creek Road,. N. W., designated as a portion of Official Tax No. 6141403, be rezoned from RG-1, General Residential District, to C-2, General Commercial District, subject to certain proffered conditions. Mr. W. Heywood Fralin, Attorney. Adop£ed Ordinance No. 28339 (7-0) on f~t reading. B. Public hearing on the request of David A. Dean that a tract of land fronting on Shenandoah Avenue, N. W., designated as Official Tax No. 2720602, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, and that a portion of a tract of land located on Westside 8oulevard, NJ W., designated as Official Tax No. 2720601, be rezoned from RS-3, Single Family Residential District, to LM, Light Manufacturing District, subject to certain proffered conditions. Mr. Charles R. Allen, Jr., Attorney. Adopted Ordinance No. 28340 (7-0) on f~t reading. C. Public hearing on the request of George Steven Azar that a portion of Plateau Road, S. E., bounded by cer- tain tracts of land designated as Official Tax Nos. 4440710, 4440711, 4440712, 4440729, 4440730 and 4440731, be permanently vacated, discontinued and closed. Mr. William B. Hopkins, Jr., Attorney. Adopted Ordinance No. 28341 (7-0) on first reading. D. Public hearing on the request of the City of Roanoke that a portion of Airport Road, N. W., be permanently vacated, discontinued and closed. Mr. W. Robert Herbert, City Manager. Adopted OrdimoJlce Wo. 28342 (7-0) om CONSENT AGENDA APPROVED (7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL 8E ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 C-3 C-4 C-5 C-6 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene In Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. A communication.from Anne S. Glenn tendering her resigna- tion as a member of the Roanoke Neighborhood Partnership Steering Committee, effective September 1, 1986. RECOMMENDED ACTION: Accept resignation with regret and receive and file communication. A communication from Eldridge his resignation as a member of Partnership Steering Committee. W. Chambers, Jr., tendering the Roanoke Neighborhood RECOMMENDED ACTION: Accept resignation with regret and receive and file communication. Annual report of the Board of Directors of Mental Health Services of the Roanoke Valley for FY 1985-B6. RECOMMENDED ACTION: Receive and file. Annual report of the Trust Fund for the year ended June 30, 1986. RECOMMENDED ACTION: Receive and file. Qualification of ~obert D. Obey and Robert C. Lawson, Jr., for terms ending August 10, 1987, and L. Graham Haynie and William F. Hawkins for terms ending August 10, 1988, as members of the Economic Development Commission. RECOMMENDED ACTION: Receive and file. (2) C-7 A list of items pending from July 10, 1978, through August 25, 1986. RECOMMENDED ACTION: Receive and file. Requ~t of the City Manager for an Executive S~sion to discuss t~tms of a contract in n~oti~on. REGULAR AGENDA Hearing of Citizens Upon Public Matters: Request of Edmond A. Oamus to address Council with regard to the condition of the intersection of Mud Lick Road and Deyerle Road, S. W. Wo acY~Lon. Petitions and Communications: A communication from Mayor Noel C. Taylor in connection with certain activities to mark the 200tn anniversary of the Constitution, its ratification in Virginia, and the addition of the Bill of Rights. Adopted R~o£uX~Lon No. 28343 17-0). b. A communication from Council member James O. Trout with regard to renaming the Commonwealth of Virginia Building. (See page 3.a.) Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the adoption of the State of Virginia Building Maintenance Code· Rec~Lved and f~led. Items Recommended for Action: 2. A report with regard to the opening of Norwood Street, S. W. (See page 3.a.) b. Director of Finance: 1. A financial report for the month of July, 1986. Rec~ved and filed. 2. A report with regard to an exclusion to tt~e City's Procurement Code. Adopted Ordinance No. 28344 (7-0) on fi~st reading. 3. A report with regard to a revision of the City Code concerning petty cash fund and change fund amounts· Adopted Ordinance No. 28345 (7-0). (3) ~^GE 3. a. Item 4.b. The C~ty Attorney was instructed to prep~e the proper me~s~e renaming the Commonwealth of Virginia B~ilding the J. Lindsay Almond Commonwealth of Virginia B~lding; and the City Attorney was ~o requited to in~e the necessary action to seek conc~ence by the Commo~ealth of Virginia. Item 5.a. 2. Action on the ma~t~ was defe~ed until the regu~ meeting of Coun~i~ on 0~ober 13 in order that City representatives may meet with prop~y owne~ who signed a p~ition und~ date of Aught 15. It~ the consens~ of opinion that if concerns of the proper~y owner~ have been r~olved p~or to the next meeting of Council, a report ~ be subm~ed to Councdl for consideration at i~ meeting on Thursday, September 25, 1986. Reports of Committees: A report of the Water Resources Committee recommending approval of a conditional permit for an existing street right-of-way encroachment at 1715 Oawn Lane, S. W., and advising that a program has been initiated requiring appli- cants for building permits to be put on notice against future construction of encroachment structures in the public right-of-way. Mrs. Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 28346 (7-0) on first reading. A report of the Water Resources Committee recommending that the City Manager be authorized to permit, in an orderly manner, such encroachments as are necessary to allow usual and customary safe and properly constructed private sidewalk, steps and driveway connections to public sidewalks and street surfaces. Mrs. Elizabeth T. Bowles, Chairman. Adopted Ordinance No. 28347 (7-0), A report of the Water Resources Committee recommending authorization fo~ a revocable license permitting an encroachment over City property, Official Tax No. 1011313, to allow an addition to the Puritan Mills Building, and to landscape an approximate ten foot wide strip of City pro- perty adjacent to the building. Mrs. Elizabeth.T. Bowles, Chairman. Adopted Ordinance No. 28348 (7-0) on first readi~. Unfinished Business: A report of the Water Resources Committee recommending acceptance of the high bid and authorization for sale of City owned property identified as Official Tax Nos. 5130109 and 5130120, to William S. Hubard for $2U,512.00. Mrs. Elizabeth T. Bowles, Chairman.. Adopted 0rdinance No. 28349 (7-0) on first reading. A report of the committee appointed to' tabulate bids received for storm drain relocation, Exxon Roanoke Terminal. Mr. Robert A. Garland, Chairman. Adopted Ordinance No. 28350 (7-0) and Ordinance No. 2835~ (7-0). None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 28328, on second reading, authorizing the execution of an agreement for the sale of approximately twenty acres of land in the Roanoke Centre for Industry and Technology to Orvis, Inc., or a related company speci- fically formed to do business in Virginia; authorizing a right of first refusal and right to purchase an additional eight acres; authorizing a right of entry; and authorizing the execution of the requisite deed with Orvis. Adopted Ordinance No. 28328 (7-0). (4) 10. Ordinance No. 28333, on second reading, amending and reor- daining §32-106, Penalties and interest on delinquencies - Generally, and §32-108, Taxpayer's return - Generally, Code of the City of Roanoke (1979), as amended, to provlde for penalties for failure to pay personal property tax by May 31 of each tax year and for failure to file the required return Dy February 15 of each tax year; to establish a man- datory filing date of February 15 for personal property tax returns; to authorize the Commissioner of Revenue to grant extensions of the filing date for such returns; and to pro- vide for an effective date. Adopted Ordinance No. 28333 (7-0). Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. c. Expiration of the two year terms of Wilburn C. Oibling, Jr., City Attorney; Joel M. Schlanger, Oirector of Finance; William L. Brogan, Municipal Auditor; and Mary F. ParKer, City Clerk, on S.eptember 30, 1986· Reappoi~ted for t~o yeo~t terms endi~ Sept~b~ 30, 1988. Other Hearings of Citizens: Reappointed the followi~ person: Linda Hart-Copenhaver Spe~l Events Committee Linda Ha~-Oopenhaver Ci~ze~' Advisory Committee - City Wide Park Study Charles A. Price, Jr. Citizen' Advisory Committee - City Wide Park Study GarY J. Fou~z - C~zen~' Advisory Committee - City ~ide Park Study Appointed the following p~sons ~ memb~ of the Em~gency Medic~ S~vic~ Adv~ory Common, tee: Carol Gilb~ *Thom~ S. McCallie Kenneth C. King, Jr. *Ga~y Laute~ ehlag ~ John W. E~e *Sidney F. RobeSon Judy D. Witch~ Le~ W. Peery Douglas H. Hyre David C. Anderson *War~en E. Trent *Pat~ck Scot~ Wilton *Council waived City residency requirement Appointed John P. Fishwick, Jr., as the City's represen~ive to the Roanoke Area He~th Council. Appointed Virgil L. Rog~ as a memb~ of the Roanoke Neighborhood Partn~hip Ste~ng Committee. (5) C~ce o~ ~e September 4, 1986 Honorable Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session on Monday, September 8, 1986, to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees ap- pointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, oel C. ~l~ylor Mayor NCT:js Room 452 Municipal Building 215 Church Avenue, S,W. Roanoke, ~irginia 24011 (703) 98t-2444 Office o~ the City C~e~ September 11, 1986 File #15-488 Mrs. Anne P. Glenn 1856 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Glenn: Your communication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, effective September 1, 1986, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. 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 Committee. Please find enclosed a certificate of appreciation issued Dy the Mayor on behalf of the members of City Council. Sincerely, Platy F. Parker, cr,,1C City Clerk MFP:se Enco cc: Mr. Lewis W. Peery, Chairman, 508 Rutherford Avenue N. W Roanoke, Virginia 24016 ' '' Ms. Jinni Benson, Acting Coordinator, Roanoke Neighborhood Partnership Room 456 Municipal Building 215 (D'~urah Aw~nue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of ~e City Clerk September 11, 1986 File #15-488 Mr. Eldridge W. Chambers, 2122 Sherman Avenue, N. W. Roanoke, Virginia 24017 Jr. Dear Mr. Chambers: Your Communication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that ! express its sincere appreciation for the many services you have rendered to t~e City of Roanoke as a member of the Committee. Please find enclosed a certificate of appreciation issued by the Mayor on behalf of the members of City Council. Sincerely, MFP:se Enc. CC: Hary F. Parker, CMC City Clerk Mr. Lewis W. Peery, Chairman, 508 Rutherford Avenue N. W , Roanoke, Virginia 24016 ' ' Ms. Jinni ~enson, Acting Coordinator, Roanoke Neighborhood Partnership Room 456 Municipal Building 215 (]'~urch Avenue, S.W. Ic~Oano~,e, Vlrginla 24011 (703) 981-2541 Office of the City Qet~ September 11, 1986 File #22-1U9 Dr. Fred P. Roessel, Jr. Executive Director Mental Health Services of the Roanoke Valley Suite 410 920 S. Jefferson Street RoanoKe, Virginia 24016-4494 Dear Dr. Roessel: An annual report of the Board of Directors of Mental Health Services of the Roanoke Valley for FY 1985-86, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. Un motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, ChiC City Clerk MFP:se Room 456 Munlcll:~l Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24~11 (703) 981-254t August 29, 1986 rv Mrs Phyllis'I Simmons Miss Eunice Poindexter Ms. Mary F. Parker City Clerk City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: In compliance with Ordinance No. 26305, I am enclosing the following: 1) A schedule of attendance of City of Roanoke appointees to the MHSRV Board of Directors for FY '85-'86; 2) Minutes of the Mental Health Services of the Roanoke Valley Board of Directors for FY '85-'86; 3) A copy of the Local Government Progress Report for the City of Roanoke for FY '85-'86. If you need additional information, please contact me. We appreciate the continued support and cooperation we receive from the City of Roanoke in serving the needs of the mentally ill, mentally retarded and substance abusing residents of the Roanoke Valley. Sincerely, Fred P. Roessel, Jr., Ph.D. Executive Director FPRjr:hw Enclosures - as noted. MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY EXECUTIVE OFFICES, Suite 410, 920 S. Jefferson Street, Roanoke, Virginia 24016-4494 - (703) 345-9841 Serving the Counties of Botetourt and Roanoke and the Cities of Roanoke and Salem GOOD EVENING, MY NAME IS DAN E. KARNES. I'M ONE OF THE THREE MEMBERS OF THE BOARD OF DIRECTORS OF MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY WHO IS APPOINTED FROM THE CITY OF ROANOKE. I AM PLEASED TO COME BEFORE YOU THIS EVENING TO IS GIVE YOU A BRIEF UPDATE ON THE SERVICES THAT THE CURRENTLY PROVIDING TO THE CITIZENS OF THE CITY. AGENCY DURING THIS PAST FISCAL YEAR $229,369 OF ROANOKE CITY'S TAX DOLLARS WERE MATCHED WITH STATE AND FEDERAL DOLLARS AND FEES TO PROVIDE $3,150,730 OF SERVICE TO ROANOKE CITY CITIZENS. THIS AMOUNTS TO $14.00 WORTH OF SERVICES FOR EACH ROANOKE CITY TAX DOLLAR EXPENDED, A MOST EFFICIENT RETURN ON LOCAL TAX REVENUES. 2,400 CITIZENS RECEIVED ASSISTANCE DURING THE PAST YEAR THROUGH OUR MENTAL HEALTH PROGRAMS. IN ADDITION, 3,410 RRESIDENTS PARTICIPATED IN WORKSHOPS, TRAINING, AND SUPPORT GROUPS PROVIDED BY OUR PREVENTION SERVICES PROGRAM. LAST YEAR WE REPORTED ON THE PLANNING FOR THE NORTWEST HUMAN DEVELOPMENT CENTER AT 802 LOUDON AVENUE. AS A RESULT OF RECOMMENDATIONS FROM A TASK FORCE COMPOSED OF CITIZENS OF NORTHWEST ROANOKE, MENTAL HEALTH SERVICES STAFF, AND STAFF AND BOARD OF SEVERAL ROANOKE CITY SERVICE GROUPS, THIS PROGRAM IS NOW A REALITY. YOU ASSISTED WITH THE BIRTH THROUGH A $35,000 GRANT. AMONG OTHER SERVICES, THIS GRANT SUPPORTS THE CLINICAL PASTORAL EDUCATION TRAINING FOR THE PASTORS OF FOUR NORTHWEST CHURCHES. PRIOR TO AN AGREEMENT BETWEEN OUR EMERGENCY OUTREACH SERVICES AND ROANOKE CITY DEPARTMENT OF SOCIAL SERVICES ALL EMERGENCY PSYCHIATRIC EVALUATIONS HAD TO BE CONDUCTED IN A EMERGENCY ROOM. IT IS NOW POSSIBLE TO CONDUCT PSYCHIATRIC EVALUATIONS IN THE CLIENT'S HOME HOSPITAL EMERGENCY WE HAVE ESTABLISHED A "CLUBHOUSE" PROGRAM WHICH WILL BEGIN TO MEET SOME OF THE SOCIAL AND VOCATIONAL NEEDS OF OUR CITIZENS WHO ARE RETURNING TO OUR COMMUNITY FROM OUR STATE HOSPITALS. SEVEN ROANOKE CHURCHES ARE PROVIDING SOCIAL CLUBS FOR APPROXIMATELY 150 OF THESE CITIZENS WHO ARE LIVING IN ADULT HOMES. A MAJORITY OF CLIENTS SERVED IN THE VALLEY BY ALMOST EVERY MENTAL RETARDATION PROGRAM ARE FROM ROANOKE CITY, INCLUDING THE 490 CITIZENS WITH MENTAL RETARDATION WHO HAVE BEEN PROVIDED INDIVIDUAL AND FAMILY COUNSELING, AND INSTRUCTION AND TRAINING IN DAILY LIVING SKILLS. OUR SHORT-TERM CARE PROGRAM ALLOWS PARENTS TO LEAVE THEIR RETARDED CHILD IN THE CARE OF A SPECIALLY TRAINED SITTER. WE HAVE INCREASED OUR SERVICES TO CITIZENS WITH MENTAL RETARDATION IN ALL OUR LOCALITIES. THROUGH AN EXPANDED SHORT-TERM CARE PROGRAM, FAMILIES MAY NOW TAKE ADVANTAGE OF ONE- AND TWO-WEEK CAMP SESSIONS AT CAMP VIRGINIA JAYCEES AND CAMP EASTER SEAL. RESPITE SERVICES OF THIS LENGTH HAVE NOT BEEN POSSIBLE IN THE PAST. AS AND REQUIRES INCREASINGLY STRICT ADMISSIONS TO THESE FACILITIES, AFFECTED CLIENTS AND THEIR FAMILIES VIRGINIA SEEKS TO REDUCE THE CENSUS OF STATE INSTITUTIONS ADMISSION CRITERIA FOR OUR SERVICES TO THESE IS INCREASINGLY VITAL. 934 EXPERIENCING PROBLEMS WITH DRUGS AND ALCOHOL. AMONG THE BENEFITS OF THESE PROGRAMS ARE ENHANCED QUALITY OF LIFE FOR INDIVIDUALS AND FAMILIES, DECREASED CRIMES COMMITTED TO ROANOKE CITIZENS WERE SERVED BY PROGRAMS FOR THOSE SUPPORT DRUG HABITS, FEWER INCIDENTS OF DRUNK DRIVING ACCIDENTS, AND REDUCED DOMESTIC VIOLENCE AND JOB ABSENTEEISM. THESE PROGRAMS INCLUDE DRUG AND ALCOHOL DETOXIFICATION, OUTPATIENT INDIVIDUAL AND FAMILY COUNSELING, DRUG AND ALCOHOL EDUCATION AND PREVENTION, AND DRUG AND ALCOHOL RESIDENTIAL TREATMENT. ON THE ATTACHED CHART YOU CAN SEE A MORE DETAILED BREAKDOWN OF OUR CURRENT SERVICES TO RESIDENTS OF THE CITY. MENTAL HEALTH SERVICES CONTINUES TO BE UNDER PRESSURE TO PROVIDE AN INCREASING LEVEL OF SERVICES TO OUR CITIZENS RETURNING FROM OUR STATE HOSPITALS. THESE PRESSURES ARE NOT ACCOMPANIED BY CORRESPONDING INCREASES IN FUNDS. RECENTLY INCREASED COORDINATION WITH THE DEPARTMENT OF VOCATIONAL REHABILITATION, PROGRAMS LIKE THE PREVIOUSLY MENTIONED "CLUBHOUSE", AND THE EFFORTS OF ADVOCACY GROUPS SUCH AS THE MENTAL HEALTH ASSOCIATION AND THE ALLIANCE FOR THE MENTALLY ILL ARE ALL NECESSARY. BUT A CONSIDERABLE INCREASE IN SUPPORT FROM ALL SOURCES WILL BE NECESSARY IF ALL THE NEEDS OF THESE CITIZENS ARE TO BE MET. THE DISASTROUS FLOOD THAT STRUCK THE ROANOKE VALLEY IN EARLY NOVEMBER HAS TAKEN A TOLL IN HUMAN EMOTIONS AS WELL AS IN THE AREAS OF SHELTER AND PERSONAL FINANCES. EMOTIONAL STRESS, ANXIETY, FEAR AND DEPRESSION ARE NORMAL REACTIONS TO THE LOSSES SO MANY OF OUR CITIZENS HAVE SUFFERED. MENTAL HEALTH SERVICES HAS PLACED A TOP PRIORITY ON RESPONDING TO FLOOD ASSOCIATED EMOTIONAL CRISES. OUR PROFESSIONAL STAFF HAVE BEEN PLACED IN ALL OF THE DISASTER APPLICATION CENTERS IN THE VALLEY AND EACH DAY ARE WORKING WITH FLOOD VICTIMS IN DEALING WITH THEIR STRESS REACTIONS. INFORMATION FROM SIMILAR NATURAL DISASTERS CLEARLY INDICATES SIGNIFICANT EMOTIONAL STRESS REACTIONS WILL OCCUR AND PERSIST LONG AFTER THE IMMEDIATE TIME OF THE DISASTER. WE AT MENTAL HEALTH SERVICES ARE PREPARING OUR PLANS ACCORDINGLY: WE HAVE ESTABLISHED A POLICY OF WAIVING ALL FEES FOR SERVICES TO FLOOD VICTIMS. THE MENTAL HEALTH SERVICES BOARD IS A JOINT AGENCY OF THE VALLEY GOVERNMENTS. AS A MEMBER OF THAT BOARD, APPOINTED BY THIS COUNCIL, I THANK YOU FOR THIS OPPORTUNITY TO APPEAR BEFORE YOU AND PLEDGE THAT WE WILL CONTINUE OUR COMMITMENT OF QUALITY SERVICES TO THE CITIZENS OF ROANOKE CITY. DR. FRED ROESSEL, THE AGENCY'S EXECUTIVE DIRECTOR, THOMAS CHAPMAN, THE DIRECTOR OF ADMINISTRATION, AND I ARE HERE AND WILL BE HAPPy TO RESPOND TO ANY QUESTIONS YOU MAY HAVE. 11/8/85 MHSRV DIRECTLY OPERATED PROGRAMS FY-85 STATISTICS/JURISDICTION CITY OF ROANOKE Unduplicated Client Count MENTAL HEALTH Counseling 566 Extended Care 619 Emergency Services 1,128 Kiwanis 10 Cottage School 8 Children's Center 14 Adolescent Crisis Unit 55 Prevention Services 3,410 MH Subtotal 5,810 MENTAL RETARDATION Counseling and Life Skills Center Work Activities Adult Development Crisis Intervention Read Road Niagara Road Hazelridge ICF/MR Apartment Living Short Term Care College for Living MR Subtotal SUBSTANCE ABUSE Omni House Hegira House Clarke Ave. Alcohol Counseling Center Residential Alcoholism Program SA Subtotal TOTAL FY-85 Local Share Service/Dollar Units of Service Value of Service 4,387 [.houms $260,697 4,694 hours $322,409 1,753 hours $156,630 2,095 days $175,724 1,081 days $17,029 2,525 days $191,435 1,616 days $296,121 635 events $133,256 18,786 $1,553,301 281 1,446 hours $114,544 43 7,647 days $111,437 13 2,649 days $64,936 60 828 hours $33,198 3 1,309 days $108,765 4 1,286 days $73,070 7 2,555 days $225,423 5 1,397 days $37,955' 33 4,100 hours $11,532 41 1,286 hours $13,795 .490 24,503 $794,655 235 2,583 hours $182,566 28 2,163 days $96,910 228 1,933 hours $126,235 443 6,409 days $397,06q 934 13,088 $802,774 7,234 56,377 $3,150,430 $229,369 $14 C~ce of the Ci~, C]er~ September 11, 1986 File #429 Mr. Joel M. Schlanger Secretary/Treasurer Board of Trustees, City Roanoke Pension Plan Roanoke, Virginia of Dear Mr. Schlanger: An annual report of the Trust Fund for the year ended June 30, 1986, was before the Council of t~e City of RoanoKe at a regular meeting held on Monday, September 8, 1986. Un motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Room 456 Munlcipol Building 215 Church Avenue, S.W. Roanoi~e, Virginia 240t I (703) 98t-254t DEPARTMENT OF FINANCE CITY OF ROANOKE. VA, DATE: TO: FROM: SUBJECT: August 21, 1986 Board of Trustees, City of Roanoke Pension Plan Joel M. Schlanger Annual Report of the Trust Fund for the Year ended June 30, 1986 Market Environment Stocks The Dow Jones Industrial Average flirted with the 1,400 level in mid-July, 1985, but September closed with the average just above 1,300 -- a decline of 0.5%. Six of the 25 major New York Stock Exchange industry groups posted overall price advances for the quarter ending 9/30/85. Food stocks were the market's big winners, fueled largely by mergers and acquisitions and rumors of both. The decline of the dollar and firmer gold prices helped metal producers. The market began its upward trend in October, 1985, as the U.S. dollar began a price slide on foreign exchanges. In- vestor optimism was increased with the continued accommodative monetary policy of the FED. The Dow Jones Industrial Index broke through the 1500 mark for the first time on December 5, the strongest three year rise in 50 years. Financial sector stocks were the markets' top performers during the quarter ending 12/31/85. Mergers and acquisitions helped to drive prices up, especially for savings and loan issues. Capital good and tech- nology stocks improved their performance over third quarter re- sults with much of the improvement coming from the computer and business equipment issues. By year-end, technology stocks seemed to be showing signs of gaining strength after experiencing a bear market since mid-1983. The stock market pushed to record highs during the first three months of 1986 as the Dow Jones Industrial Average rose 17.6%, reaching 1818 by quarter end. The first quarter price rise of over 13% for the S & P 500 was the best in ten years. The index posted a total return of 14.1%. It seems that much of the market's upward momentum can be attributed to interest rate de- clines that have resulted in part from the FED's lowering of the discount rate to 7%. The FED action was in response to indica- tions of a sluggish economy. - 2 - Stocks, in general, continued to advance in the second quarter of 1986, but a much slower rate than the record-setting fourth quarter of 1985 and first quarter of 1986. The economic backdrop reflected continued weakness in cormnodity prices, notably oil, with stable interest rates. Consumers benefited from lower gasoline prices at the pump as well as from lower payments on re- financed mortgages, but the overall economy remained slow and stagnant, with growth estimates for GNP showing downward revi- sions. In this environment, investors preferred moderate stable growth consumer nondurable issues. Bonds While bond prices recovered modestly in August, 1985, it was not enough to compensate for the declines that took place in July and September. As a result, bond prices fell in all sec- tors for the quarter ending 9/30/85. Prices of long-term bonds fell further than those of intermediates; governments dropped more than corporates. GNMA bonds performed better than all other sec- tors posting a return of 2.8% for the quarter. Federal Farm Cre- dit bonds registered the most severe price declines, resulting from the Federal Farm Credit System's August announcement of its first projected quarterly loss since the depression. Perception of continued accommodative policy by the FED and the likelihood of passage of Gramm-Rudman helped push the bond market to new highs of the fourth quarter of 1985. October began on somewhat shaky ground, but quickly began to move upward. This upward momentum lasted through November. The rally brought the yield on thirty-year Treasuries to June of 1980 levels and the market to a five year high. As the yield curve continued to shift downward, the returns experienced by long-term bonds exceeded those of short-term bonds. Governments continued to outperform corporates which was attributable in part to the heavy issuance of industrial and financial bonds. The fixed income market continued on an upward trend through the quarter ending 3/31/86. The strength in the market has resulted from a combination of the expansionary monetary policy of the FED and increased demand for U.S. bonds overseas. Expectations regarding Gramm-Rudman's likely impact on the govern- ment deficit has further intensified demand. Plummeting oil prices and the drop in inflation expectations have also contri- buted to the market rise. The bond rally faltered in April after an impressive two-month rally due to an unexpected rebound in oil prices and a drop in the value of the dollar versus the yen. Long Treasury Bonds were the poorest performing sector in April returning -0.4%. - 3 - The mortgage backed securities outperformed both the corporate and treasury sectors of the market for April. Bond prices plummeted in May after faltering in April. Again, the decline in the dollar and rumors of heavy Japanese selling of Treasury securities resulted in negative returns in all sectors of the bond market. Again, long Treasuries were the poorest performing sector of May with total return of -5.7% for the month. This was the worst monthly performance since February of 1980. During June the opposite of May occurred with long term Treasuries rebounding to the highest performing sector in June. Intermediate bonds outperformed long term bonds while governments and corporates had relatively equal performance. Mortgage backed securities outperformed long bonds, but underperformed the inter- mediates. Total Fund Performance I am pleased to report that the market value of the Trust Fund increased $17.4 million. This was due to investment income earnings of $4.6 million. Appreciation of $11.8 million and net new contributions of $1 million. The total fund returned 27.2%. Our evaluation service that monitors over 4,000 funds stated that our rate of return was higher than 74% of the funds they monitor. Overall our outstanding rate of return in bonds of 25.1% was one of the key reasons for our excellent performance. We outperformed 97% of the funds monitored. For the last four years our average rate of return was 23% per year. Out of the $76.3 million, the asset allocation by manager was as follows: Dollars (in Millions) Percentage Invesco $41.0 53.7% Harbour Capital 22.1 29.0% Wolf/Webb 13.2 17.3% was: The combined asset allocation by type of investment Dollars (in Millions) Percentage Equity $37.6 49.3% Fixed Income 34.4 45.1% Cash 4.3 5.6% We continue to be pleased with the performance of the Trust Fund and you can be assured that it will constantly be monitored. JMS:dp cc: City Council Consent Agenda Office of the City C]e~ September 11, 1986 File #15-450 Mr. James O. Trout Chairman Economic Development Commission Roanoke, Virginia 'Dear Mr. Trout: This is to advise you that Robert D. Obey and Robert C. Lawson, Jr., have qualified for terms ending August 10, 1987, and L. Graham Haynie and William F. Hawkins have qualified for terms ending August 10, 1988, as members of the Economic Development Commission. Sincerely, Mary F. Parker, CMC City Clerk MFP:se cc: Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room456 MunicipalBuildlng 2150'~urchAve~ue, S.W, Roonoke, Vlrgtnla24011 (703)98t-2541 0-2 Oath or Affirmation of Office State o] Vi~'~nia, ~it~t o] Roanoke, ~o I, Rob e,i'~ D. · do solemnly swear (or affix) I w~l sup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impa~ially discharge and perform all the duties incumbent upon me aa a memLer of the ~conon~Lc Development Co:amission :~or a term ending August 10, 1987, accordin~ to thc bes~ of my abil,ty. So be,p me God. Subscribed and sworn to before me, this Office of the Oily Cle~ August 19, 1986 ? File #15-450 Mr. Robert D. Obey Total Action Against Poverty 702 Shenandoah Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Obey: At a regular meeting of the Council of the City of Roanoke held on Monday, Au9ust 11, 1986, you were elected as a member of the Economic Development Commission for a term ending August 10 1987. ' Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to ~oom 456 in the Municipal Building prior to serving in the capacity to which you were elected. Sincerely, Mary F. ParKer, CHC City Clerk MFP:se Eric. cc: MF. James O, Trout, Chairman, Economic Development Commi ssi on Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 11th day of August, 1986, ROBERT D. OBEY was elected as a member of the Economic Development Commission for a term ending August 10, 1987. Given under my hand and seal of the City of RoanoKe this 19th day of August, 1986. City Clerk 0-2 Oath or Affirmation of Office State of Virginia, City of Roanoke, to.wit: I, _ Robert C. Law~vl~, Jr. . do solemnly swear (or affirm) that ! 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 tile Economic bevelopment Commission for a term ending August 10, 1987, according to the best of my ability. So help me God. Subscribed and sworn to before me, this. ~ce of i'he Ci~' ~er~ August 19, 1986 File #15-450 Mr. Robert C. Lawson, Jr. P. O. Box 2867 Roanoke, Virginia 24001 Dear Mr. Lawson: At a regular meeting of the Council of the City of Roanoke held on Monday, August 11, 1'986, you were elected as a member of the Economic Development Commission for a term ending August 10, 1987. Enclosed you will find a certificate of your election anO an Oath or Affirmation of Office which may be aoministered l)y the Clerk of the Circuit Court of the City of Roanoke, thira 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 whic~ you were elected. Sincerely, Mary F. ParKer, C~IC City Clerk MFP:se Enc. cc: Hr. James O. Trout, Chairman, Economic Development Commission Room456 MunlcipalBuilding 215 Church Avenue, S.W. Roanc~e, Virglnla24Oll (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 11th day of August, 1986, ROBERT C. LAWSON, JR., was elected as a member of the Economic Development Commission for a term ending August t0, 1987. Given under my hand and seal of the City of Roanoke this 19th day of August, 1986. City Clerk Oath or Affirmation of Office I,. L. ~rahar~ IfaynSe , do solemnly swear (or afire) that will aup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impa~ially discharge and peHorm all the duties incumbent upon me a~ member of the ~cono~c Development CommJssSon for a ter~ ending Aufust 10, 1988, ace°rding to the best of my ability. So help me God. .~___~~//.~ Subscribedandsworntobeforemc, this_~k.~~_~f~ ~; ]~ty Clerk Office of ~e City Clerk August 19, 1986 File #15-450 Mr. L. Graham Haynie P. O. Box 1300 Roanoke, Virginia 240(16 Dear Mr. Haynie: At a regular meeting of the Council of the City of Roanoke on Monday, August 11, 1986, you were elected as a member of the Economic Development Commission for a term endin9 August 10, 1988. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, 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 t~e capacity to which you were elected. Sincerely, Mary F. Parker, CHC City Clerk MFP:se Eno. cc: Mr. James O. Trout, Chairman, Economic Development Commission Room456 MuniclpolBuildlng 21§C~urchAve~ue.S.W. Roonoke, Vlrglnta24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 11th day of August, 1986, L. GRAHAM HAYNIE was elected as a member of the Economic Development Commission for a term ending August 10, 1988. Given under my hand and seal of the City of Roanoke this 19th day of August, 1986. City Clerk 0-2 Oath or Affirmation of Office ~ do solemnly swear (or ~rm) w~l sup~rt the Constitution of the United States, and the Constitution of the State of Virginia, and that will faithfully and impa~ially discharge and perform all the duties incumbent u~n me as r,c~f)er of the ~conom]c Development Commission ~or a term ending &ugust 19, 195S, according to the best of my ability. So help me God. Subscribed and sworn to before me, this. d.~ day of .../x~fj [~ ;~ /~ ~ ~~'~eputy Clerk Office of the City Clerk August 19, 1986 File #1b-450 Mr. William F. HawKins P. O. Box 13888 Roanoke, Virginia 24034 Dear Mr. Hawkins: At a regular meeting of the Council of the City of RoanoKe hal(1 on Monday, August 11, 1986, you were elected as a member of the Economic Uevelopment Commission for a term ending August 10, 1988. Enclosed you will find a certificate of your election and an Oath or Affirmation of Office w,ich may be administered by the Clerk of the Circuit Court of the City of Roanoke, third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room ~56 in the Municipal Building prior to serving in the capacity to which you were elected. Si ncerel y, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: Mr. James O. Trout, Chairman, Economic Development Commission Room 456 Municipal Building 2t5 C~urch Avenue, S.W. Roanoke, Virginia 240t I (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wi t: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do ~ereby certify that at a regular meeting of Council held on the 11th day of August, 1986, WILLIAM F. HAWKINS was elected as a member of the Economic Development Commission for a term ending August 10, 1988. Given under my hand and seal of the City of Roanoke this 19th day of August, 1986. City C1 erk Pending Items from July 10, Referral Date 7/10/78 12/19/83 3/18/85 4/1/85 5/6/85 8/12/85 8/12/85 1978, through August 25, 1986. Referred To Item City Manager City Attorney (Electoral Board will request a legal opinion from the Attorney General.) Commissioner of Revenue Director of Real Estate Valuation City Manager Director of Finance Recommendation No. 11 contained in the Mayor's 1978 State of the City Message. (Development of Mill Mountain - hotel.) Communication from David A. Bowers, Chairman, Roanoke Democratic Party, transmitting certain recommended changes in the present voting precincts, to be made effective after the City Council elections in the spring of 1984 and before the general elections in the fall of 1984. Matter of biennial real estate assessments as requested by Concerned Citizens and Taxpayers of Roanoke, Inc. City Manager City Attorney Director of Finance Commissioner of Revenue City Manager City Manager City Manager Request to study a property tax scheme used in Harrisburg, Pennsylvania, to investigate legality of same in Virginia, and to advise Council if beneficial to the City. Communication from Vice-Mayor James G. Harvey, II, in regard to a Sister City relationship with Asheville, North Carolina. Mayor's 1985 State of the City recommendation No. 1 - establish- ment of a working relationship with the volunteer rescue squads and the Roanoke Historical Society for the purpose of establishing a museum and national headquarters for volunteer rescue squads in the City. Mayor's 1985 State of the City recommendation No. 6 - invitation to Roanoke County to join the City in development of a joint study to be conducted by a spe- cialist firm to determine econo- mic impact resulting in consolidation of the two juris- dictions. Pending Items from July 10, Referral Date 8/12/85 1/6/86 3/3/86 3/17/86 6/2/86 6/23/86 7/28/86 1978, through August 25, 1986. Referred To Item City Manager City Manager City Attorney Howard E. Musser Laddie Fisher Richard S. Thomas Member - Salem Vietnam Veterans Chapter No. 14 Member - Roanoke Science Museum City Manager Matters from Concerned Citizens and Taxpayers of Roanoke, Inc., regarding contract assessors in the reassessment process, and, Design '85. Matter with regard to zoning in Old Southwest section of City with request for a report in con- junction with recommendations for implementing certain phases of a study prepared by Buckhurst, Fish, Hutton & Katz relating to zoning and development control within Old Southwest. Request of the Salem Vietnam Veterans Chapter No. 14 of the Disabled American Veterans to establish a permanent memorial to the brave men and women involved in the Space Shuttles Challenger and Gemini tragedies. Request of Council member Trout for information on amount of funds expended by the City on rental or lease agreements for firehouse since the 1976 annexa- tion. City Manager City Manager Request to investigate and report on illegal parking in designated handicapped parking spaces throughout the City. (Interim report submitted July 28, 1986.) Matter regarding distribution of cheese and butter to elderly per- sons. Robert A. Garland George C. Snead, Jr. William F. Clark Bids for Roanoke Sports Complex, Maher Field improvements. (2) Pending Items from July 10, Referral Date 8/25/86 8/25/86 8/25/86 8/25/86 1978, through August 25, 1986. Referred To Item City Manager City Manager Mayor's 1986 State of the City recommendation No. I - study by the Human Resources Department of ways to make a difference in the lives of the homeless. Mayor's 1986 State of the City recommendation No. 2 - naming the first Commonwealth of Virginia Building, The Dalton Building, in honor of the late Governor John N. Dalton. City Manager City Manager Mayor's 1986 State of the City recommendation No. 4 - designat- ing Friday, December 26, 1986, a Christmas holiday for City employees. Mayor's 1986 State of the City recommendation No. 6 - streng- thening the City's relationship with Virginia Tech. (3) Office of '~e City Eng~ne~' August 29, 1986 William and Susan Lindsey 3576 Mudlick Road, S.W. Roanoke, Virginia 24018 Dear Mr. & Mrs. Lindsey: The City Engineering Department has received numerous complaints from motorists with respect to a line of evergreen trees in the City right of way'adjacent to your property. These trees are located parallel to the east side of Mudlick Road, S.W., and north of Deyerle Road,. S.W. This Department has confirmed that these trees block the line of sight for westbound motorists on Deyerle Road who are unable to observe southbound traffic on Mudlick Road. City surveyors have further confirmed that the trees are within the City right of way. I regret that these trees must be removed from the public Street right of way. Perhaps, they could be transplanted to another location. Because the public safety is involved, this action must be taken quickly. The trees west of your property line along Mudlick Road and parallel to the east edge of Mudlick Road, S.W., must be removed or caused :o be removed by you by September 7, 1986. If this action is not completed by September 7, 1986, the City will remove the trees with City forces. We regret that the public safety has compelled this action. Sincerely, , , J/ ' / Charles M. Huffine, P.E. City Engineer CMH:sef cc:C~. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works George C. Snead, Director of Administration and Public Safety Robert K. Bengtson, Traffic Engineer ROOm 350 Mun~CrpOl 8u{ICl{ng 2'~5 Church Avenue. S W ~o~noke v~rglnio 2401 l [703] 98'~-273 ~ September 10, 1986 File #87 The Honorable Alan H. Brittle Chairman, Roanoke County Goard of Supervisors P. O. Box 3800 Roanoke, Virginia 24015 Dear Chairman Brittle: I am enclosing copy of Resolution No. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Nonday, September 8, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se E~c. Room456 MunicipalBulldlng 215(~nurchAv~nue, S.W. Roonoke, Vlrglnla24011 (703)981-2541 September 10, 1986 File #87 The Honorable James E. Taliaferro Mayor, City of Salem P. O. Box 869 Salem, Virginia 24153 Dear Mayor Tallaferro: I am enclosing copy of Resolution No. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley, which ~esolution was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday September 8, 1986. ' Sincerely, iqary F. Parker, CIVIC City Clerk MFP:se E~c. Room 456 Municipal Building 215 C~urch Avenue, S.W. RoanoNe, Virginia 24011 (703) 981-2541 Office c~ ~he Oty Clerk September 10, 1986 File #87 The Honorable Charles R. Hill Mayor, Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Mayor Hill: I am enclosing copy of Resolution No. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday September 8, 1986. Sincerely, Mary F. Parker, CNC City Clerk MFP:se Enc. 456 Munlci!~al Building 215 Church Avenue, S.W. Roanoke, Virginia 2401 t (703) 98t-2541 Office of the Qty Cled~ September 10, 1986 File #87 Mr. A. E. Dick Howard Chairman Virginia Commission on the Bicentennial of The United States Constitution 207 Ninor Hall, Institute of Government University of Virginia Charlottesville, Virginia 229U3 Oear Hr. Howard: I am enclosing copy of Resolution No. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. Sincerely, Mary F. Parker, CI1C City Clerk MFP:se Enc. P, oom456 Munlcll:x~lBuildlng 2150'~urchAv.~'~ue, S.W.P, oanoke, VIrglnla24011 (703)981-2541 Office of the City Clen~ September 10, 1986 File #87 Mr. Paul Clark Director, State/Local Affairs Commission on the ~icentennial The United States Constitution 734 Jackson Place, N. W. Washington, D. C. 20503 of Dear Mr. Clark: I am enclosing copy of Resolution ilo. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the ~icentennial of the United States Constitution in the RoanoKe Valley, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Nonday, September 8, 1986. Sincerely, Mary F. Parker, Cl,iC City Clerk IqFP:se Enc. Room 456 Municipal Building 2t5 (D~urch Avenue, S.W. Roono~e, Virginia 2401 t (703) 981-254~1 Office of the City Clerk September 10, ]986 File #87 Mr. W. Robert Herbert City Manager Roanoke, VirgiDia Dear Mr. Herbert: I am attaching copy of Resolution No. 28343, proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley, which Resolution was adopted b9 the Council of the City of Roanoke at a regular meeting held on Monday September 8, 1986. ' Sincerely, ~ary F. Parker. C~C City Clerk MFP:se Enco cc: r.trs. Laddie Fisher, Public Information Officer Room 456 Municipal Building 215 Church A~nue, S.W. Roanoke, '~rginia 24011 (703) 98'~-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of September, 1986. No. 28343 VIRGINIA, A RESOLUTION proclaiming September 17, 1987 as United States Constitution Day and authorizing establishment of a committee to plan the celebration of the Bicentennial of the United States Constitution in the Roanoke Valley. WHEREAS, September 17, 1987 is the 200th Anniversary of the signing of the United States Constitution; and WHEREAS, the Constitution, as ratified, embodies the ideals of liberty under law and was designated to maintain our free government in perpetuity as a more perfect union and to secure the blessings of liberty by consent of the governed; and WHEREAS, vide liberty constitution WHEREAS, the attractive way of life few governments in the world have been able to pro- and stability to their citizens under a written for more than a generation; and the laws adopted under this charter of freedom and resulting have drawn to our shores citizens from every corner of the world, and provide evidence of the enlightened vision and the wisdom of of the Constitution; and WHEREAS, the Bicentennial offers the American people to rededieate themselves that have formed the basis for our national impressive the drafters opportunity for the to the great principles strength and prosperity; and WHEREAS, it hearts and minds Convention of 1787 and and the high WHEREAS, join with the is timely and appropriate for us to keep in our the marvelous achievements of the Constitutional NOW, Roanoke 1. United 2. to preserve the Constitutional Republic ideals of our founding fathers; and the County of Roanoke has expressed its interest to City and any other jurisdictions in the area to representation States Constitution Day. proclaim September 17, 1987 as broad-based, nonpartisan Bicentennial Committee to be composed an equal number of members appointed by any other interested local jurisdiction. 3. The Committee shall plan proper and appealing activities and programs by which all citizens of the Roanoke Valley can par- ticipate in celebrating and commemorating Constitution Day and other dates and events relating thereto and shall be authorized to make application for the Roanoke Valley to become a designated Bicentennial Community. 4. The appropriate City officials are authorized to take other appropriate and necessary action to implement formation of the Bicentennial Committee. The Mayor is hereby authorized to appoint members of a of of the City of form a single Bicentennial Community, with equal by residents of the participating jurisdictions. THEREFORE, BE IT RESOLVED by the Council that: This Council does hereby 5. The City Clerk is directed to transmit a copy of this resolution to the Chairman, Roanoke County Board of Supervisors, the Mayor of the City of Salem, and the Mayor of the Town of Vinton. ATTEST: City Clerk. Office of ~he Mayor September 4, 1986 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: For your information, I am attaching copy of a communication from the Virginia Commission on the Bicentennial of the United States constitution. In 1985, the Virginia General Assembly created the Virginia Commission on the Bicentennial of the United States Constitution in order to encourage and plan appropriate activities to mark the 200th anniversary of the Constitution, its ratification in Virginia, and the addition of the Bill of Rights. We have been asked to establish a local commission to work with the Virginia Commission in developing community programs to mark the Constitution's bicen- tennial. The local commission may apply for official recognition by the Virginia Commission and the Federal Commission on the Bicen- tennial of the United States Constitution. The locality or local- ities served by a recognized local commission will be designated as "A Bicentennial Community" and, in addition, a local commission recognized by a Federal Commission is entitled to use the logo of the Federal Commission. I am in receipt of the attached communication from the Honorable Alan H. Brittle, Chairman, Roanoke County Board of Supervisors, suggesting that the Roanoke Valley pursue the application to be- come a Designated Bicentennial Community, as one community, rather than as individual jurisdictions. If you concur in the establishment of a Commission and in the suggestion of Chairman Brittle for joint application as a "Des- ignated Bicentennial Community," I have requested that our City Attorney prepare the appropriate measure expressing the support of Council of a joint application with equal representation on the Commission by residents of the participating jurisdictions. Sincerely, Noel C. Taylor, Mayor City of Roanoke NCT:jas Room 452 Municipal Building 215 Church A¥,~nue, S.W. Roanoke, Virginia 2401 t (703) 98t-2444 ~B~/ceenCO'"ty Board of Supervisors has placed the tennt~! of the Constitution Commt~sio. on its agenda for Sept.9. Their. report indicates that the City is interested in a Joint application with equal representation by residents of the participating Jurisdictions, allows for other Jurisdictions to be included if they so desire (Vlnton and Salem), and authorizes the County Adm/nistrator topproceed with actions necessary to complete application. Jointly. I told them we would place it on our agenda of Sept. 8 to authorize the establishment of the Commission, per Mayor Taylor's instructions. Mr. Brittle did not feel it necessary to meet prior to these authoriz/ng actions. FACT SHEET BICENTENNIAL COMMISSION I. Federal Commission on the Bicentennial of the Constitution of the United States - chaired by Warren Burger Established by Congress II. Virginia Bicentennial Commission - chaired by A. E. Dick Howard Established by General Assembly 1985 Caldwell Butler is on this commission) III. Local Commission - to be appointed by Mayor and/or several communities and to apply to Virginia Bicentennial Co~ission for approval of programs application to include: official proclamation or resolution from county or city governing body(ies) establishing the Commission o with broad-based co--unity representation ° setting out responsibilities upon State approval it will be forwarded to National Commission IV. Dates to Remember: September 11-14, 1786 - adoption of resolution calling for a constitutional convention in Philadelphia June 25, 1788 - Virginia is 10th state to ratify but recommends Bill of Rights September 25, 1789 - Bill of Rights submitted for ratification December 15, 1791 - Virginia ratifies the Bill of Rights and the amendments become a part of the U. S. Constitution V. Celebrations The year 1987 as the Bicentennial Year September 17, 1987 to be declared a one time national holiday 1988 - a year of conunemoration in rememberance of the tortuous ratification process. 1989 - year of election of 1st president and congress, etc. oumy of Boauoke August 25, 1986 The Ronorable Noel C. Taylor Mayor, City of R~a.noke 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Taylor: At the August 12, 1986 meeting, the Roanoke County Board of Supervisors approved the establishment of a Roanoke County Commission to mark the Constitution,s Bicentennial. This Commission will assist in planning appropriate activities for the 200th anniversary of the Constitution. Roanoke County has also been invited to join the observance by becoming a Designated Bicentennial Community. I presume you have received this invitation also. I would like to see us pursue the application for Roanoke Valley to become a Designated Bicentennial Community as one community, rather than as individual jurisdictions. It may be too late to do something jointly because the federal commission will be meeting in September, but if you think this is something worth pursuing, please contact Mary Allen at 772-2005 as soon as possible, so we may process the application. Sincerely, Alan H. Brittle, Chairman Roanoke County Board of Supervisors AHB/mha CC: Elmer C. Hodge, County Administrator P. O. BOX 3800 · ROANOKE. VIRGINIA 24015 · (703) 772-2004 VIRGINIA COMMISSION ONTHE BICENTENNIAL THE UNITED STATES CONSTITUTION July 4, 19s6 ~ ~e Honorable Noel Taylor ~ ~4~j~. Mayor of ~o~oke ~ ', o' 0~0 215 Church Avenue, S.W. ~ "~ Ro~oke, Virginia 24011 ~' Dear Mayor Taylor: The anniversary of the Declaration of Independence is, of course, an occasion to commemorate both the achievement of American independence and the great principles embodied in Thomas Jefferson's Declaration. It is well to remember, however, that the success of the American Revolution would have been short-lived, had not the Founders created a system of institutions and law through which liberty would be made secure. In 1987, we mark the bicentennial of the United States Constitution, drafted in Philadelphia in the s-,~,er of 1787. In thinking about the historic and contemporary significance of the Constitution, we in Virginia have much to celebrate. James Nadison was the principal architect of the document, George Washington perhaps its most crucial advocate, and George Mason its most constructive critic. The great debates of the Virginia Ratifyin~ Convention in 1788 not only produced high drema--pittin~ such luminaries as Madison and John Marshall against Patrick Henry and James Monroe--but also helped pave the way for the addition of the Bill of Rights in 1791. In 1985, the Virginia General Assembly created the Virginia Commission on the Bicentennial of the United States Constitution in order to encourage and plan appropriate activities to mark the 200th anniversary of the Constitution, its ratification in Virginia, and the addition of the Bill of Rights. The purpose of this letter is to urge you to establish a local commission to work with the Virginia Commission in developin~ community programs to mark the Constitution's bicentennial. The local commission may apply for official recognition by the Virginia Commission and the Federal Commission on the Bicentennial of the United States Constitution. Henry J. Abraham Hunter ~ Andrews Geo ~rge. R B~ard A.~ Dick Howard, Chairman M Caldwell Butler James I Kilpatrick H. B~nson Dendy, III W Taylo~ Murphy Geory~ ~4~ Grayson Josephine E Pacheco William E Parkerson George G. Shackelford Edgar A. Toppin 207 Minor Hall/Institule of Gouernment/Uniuersity of Virginia/Charlottesuillc. Virginia 22903/804-924.3396 Virginia Commission on the Bicentennial of the United States Constitution Page 2 The locality or localities served by a recognized local commission will be desisnated as "A Bicentennial Community." In addition, a local commission recognized by the Federal Commission is entitled to use the logo of the Federal Commission. In applytn8 for recognition, the newly formed local commission must fill out the enclosed application form, which serves as the application for both the Virginia and Federal commissions. The form should be returned to Dr. Timothy G. O'~ourke, Exective Director, Virginia C°n~i-6ffi---~e~o~panYin~'the application should be an official proclamation or resolution from the county or city governin~ body(les) establishin~ the commission; the resolution should provide for a commission of broad-based community representation and briefly set out the responsibilities of the local commission. (If two or more localities decide to establish a joint commission, then all of the partt~i~'~'l~ localities will be recogn~ ~s-"Bicentennial Communities.") In addition to the application form, I have enclosed "A Guide to Celebratin~ the Bicentennial of the U.S. Constitution,,, published by the Federal Commission; pages 7-10 discuss the formation of local commissions. I also have enclosed the first issue of the ~ d~D~_~It/]~, which is the newsletter of the Virginia Conmission; this issue provides useful background information on the Virginia Commission and various bicentennial activities now underway around the Commonwealth. If you need additional information, please do not hesitate to write me or to contact Dr. O'Rourke (804-924-3396). I look forward to workir~ with you on this most important commemoration. Sincerely yours, A. E. Dick Howard Chairman Enclosures Warren E. Burger Chairma. Frederick K. Bier, el Lindy Boggs Herbert Brownell Lvnne V Cheney Philip M. Crane William J. Green Edward Victor Hill Cornelia G. Kennedy Edward M. Kennedy Harry McKinley Lightsey, Jr. William Luca$ Betty Southard Murphy Thomas H. O'Connor Phyllis Schlafly Bernard H. Siegan Ted Stevens Obert C. Tanner Strom Thurmond Ronald H. Walker Charles E. Wiggins Charles Alan Wright Mark W. Cannon Staff Director Ronald M. Mann Deputy Staff Director 734 Jackson Place, N.W.. Washington, D.C. 20503 202/usA-1787 Dear Mayor: Next month in Annapolis begins the commemoration of the Bicentennial of the U.S. Constitution, a truly historic document worthy of an historic observance. Such a celebration needs the active involvement of communities everywhere, and for that we ask your help. Constitution Day itself is scheduled for Sept. 1987, but like the original process of ratification through implementation, the commemoration will cover three years. 17, Chief Justice Warren E. Burger, Commission Chairman, has said, "We can best honor our Constitution by giving ourselves a civics and history lesson on its origin and meaning." We ask that you review the enclosed material and join the observance by becoming a Designated Bicentennial Community. This means forming a local commission to participate in the celebration. Because the federal Commission will be meeting in September, and has authority to recognize Bicentennial Communities, we hope you complete this application and are among the first communities so recognized. Our staff in State/Local Affairs is prepared to render any assistance whatsoever in facilitating this process, so please do not hesitate to call us directly at 202-653-9808. We appreciate your consideration and look forward to the participation of your community. Very truly yours, Director State/Local Affairs PC/sm Enclosures DESIGNATED BICENTENNIAL COMMUNITIES Commemorating the 200th anniversary of the U.S. Constitution in 1987 is a national effort that should include the active involvement of states and communities. Designated Bicentennial Communities are important to the success of the celebration, and the first 200 will be honored through a special awards program. Cities, towns, or counties accorded this early recognition will receive a distinctive reminder ofthls historical event. A Designated Bicentennial Community is one that establishes a Bicentennial committee representative of the community; incorporates a commemorative program to educate its residents about the meaning and significance of the Constitution; and receives official designation from the federal Commission. Community requests for official designation must be approved by the state commissions. If a state commission does not exist, communities can forward their requests directly to Washington, D.C. Designated Bicentennial Communities are authorized use of the National Bicentennial Logo and serve as the coordinators for all local events. COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION Attn: STATE/LOCAL AFFAIRS 734 Jackson Place, N.W. Washington, D.C. 20~03 (202) 653-9808 When completed, please forward the Designated Bicentennial Community application fo~, to: Timothy O'Rourke Executive Director Virginia Commission on the Bicentennial of the U.S. c/o Institute of Government 207 Minor Hall University of Virgini~ Charlottesville, VA. 22903 Constitution (804) 924-3396 Any further assistance concerning the Bicentennial may be obtained by calling the Department of State/Local Affairs in Washington, D.C.: 202-653-9808. September 22, 1986 Mr. Brian Bauman, President Virginia Commission on the Bicentennial of the United States Constitution 207 Minor Hall Institute of Government University of Virginia Charlottesville, Virginia 22903 Dear Mr. Bauman: Pursuant to your telephone conversation with our ~ity Clerk, Ms. ~,~ary F. Parker, on September 17, I am pleased to advise you that as Mayor of the City of Roanoke, I am in total concurrence with the Roanoke Valley becominq "A Bicentennial Community." It is my understanding that an aDolication requesti.n~ the designation · will be submitted to you by Roanoke County on ~ehalf 'Of %he local- ities in the Roanoke Vallev. The City of Poanoke and the Countv of Roanoke are in the process of appointing our joint-commission wilich will be comprised of an equal number of persons from each locality. After the commission has been a?pointed by the two governing bodies, 1%rill be ~!eased to provide you with the names and addresses of commission members. Tihe com- mission will keep you informed as to activities that will ]De held in the Roanoke Valley in celebration of the bicentennial of the United States Constitution. I was happy to learn through our City Clerk that the C~ty of 9oanoke has been accorded the status as "A Bicentennial Community, Recog- nized by the Virginia Commission on the Bicentennial of the United States Constitution.', We trust that under the able leadership of our commmission, the Roanoke Valley will hold meaningful and enjoyable activities recog- nizing the 200th anniversary of our Constitution. If I may provide additional information, or be of assistance in any way, please do not hesitate to call on me. Sincerely, NCT:jas Noel C. Taylor, Mayor City of Roanoke September 11, 1986 File #524 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: I am enclosing copy of a communication from Council member James O. Trout vlith regard to renaming the Commonwealth of Virginia Building, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. On motion, duly seconded and adopted, you were instructed to pre- pare the proper measure renaming the Commonwealth of Virginia Building the J. Lindsay Almond Commonwealth of Virginia Building. You were also requested to initiate the necessary action to seek concurrence by the Commonwealth of Virginia. Si ncerely , Ilary F. Parker, CMC City Clerk MFP:se Enc. cc: Hr. W. Robert Herbert, City Manager Room456 MunlcipalBuilding 215 0'~urch Avenue, S.W. Roano~e, Vlrglnla240tl (703) 981-2541 Office of the Council September 3, 1986 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: As you know, the City of Roanoke was most fortunate in obtaining a twenty year lease with the State of Virginia for the "Commonwealth of Virginia Building." There have been recent discussions with regard to renaming the Commonwealth of Virginia Building after a famous Virginian, the late Governor John N. Dalton; however, it is my understanding that under the terms of the lease between the City and the Commonwealth, it may not be possible to change the name of the building. It comes to mind that along with other famous Virginians, the City of Roanoke was honored to have an outstanding local Judge, Congressman, Attorney General, Governor and Federal Judge as a native son, the late J. Lindsay Almond. I might also mention that Roanoke was blessed with another outstanding Governor, A. Linwood Holton, who practiced law within walking distance of the Municipal Building. Although Governor Dalton was a deserving and outstanding citizen of the Commonwealth, I am of the opinion that Council should give further consideration prior to renaming the Commonwealth of Virginia Building. If we do in fact rename the building, it is my recommendation that it be named in honor of a local Virginian, the late Governor J. Lindsay Almond. I further recommend that the building be named the "Commonwealth -- Governor J. Lindsay Almond Building." I am enclosing with your agenda material a book entitled, J. Lindsay Almond: Virginia's Reluctant Rebel, which was co- authored by Ben Beagle and Ozzie Osborne, two of Roanoke's well- known reporters. I trust that you will find the biographical data on the late Mr. Almond both enlightening and informative. Sincerely, Council Member JOT:se Roo~n456 MunlcipalBuildlng 215 Church Avenue, S.W, Roanoke, Virglnio24011 (703) 981-2541 Roanoke T mes World-News A, Imond's name belongs on building JUST AS SURELY as ulght follows day or spring follows winter, a proposal th ~mme a building for a Democrat follows one to memo- rialize a Republican. Roanoke City Council's divi- sion over a title for the new state office building s~duld surprise no one, and it may please a number of.people. Certainly a una~ons voice from coun- cil. on such a potentially partisan issue would be a disappointment to the party faithful.. : Mayor Noel Taylor, a Republican, was the one wl~'got the debate going when he suggested in his state-of-the-city address that the new building be ~a~ed for the late Gov. John Dalton, also a Repob- H~.~m. Then Councilmen James Trout, a Democrat, s~St~ back the name of the late Gov. J. Lindsoy ~nend, a Democrat as well ~ '; ' Trout says his proposal has nothing tO do with par4isan politics, but most of council is divided ~15~g party lines nevertheless. Two Republicans '5¥~.for Dalton and four Democrats favor Almond.. Ouly Elizabeth Bowles is t~klng as though she may break over. The Republican councilwoman said she tl~ntm Dalton should be reco~zed, but hinted that size might side with the Almond forces. ..... Council is looking in the right place for a name ~oI~ ~he building. A state government leader should ~.*ltonured on a state building, just as the fedoral building in Roanoke honors a former consressmas. Almond and Dalton, as chief executives of troth are worthy of memorials. -~,- In proposing ~lmond's name, Trout said the ~ff~ce building should be named for a "lneal ¥1rgin- sidered Roanoke his home. But this particular structure isn't the right one for that argument. This is a regional state office building, designed to serve Redford as well as Roanoke and the rest of Western Vir~fflnia.. If Roanoke really wants the title of the region's capital, it can't hold onto the notion that someone from Redford is a foreigner. All things eoasidere~ though, Almond's name belongs on this building. It's his record as governor that tips the scale. Dalton ran a good, solid, conservative adminis- tration, but his term was comparatively quiet. ,al. moud, on the other hand, had to endure the fiery battles over school desegregation in the late 1950s. His decision to buck the Byrd or~ani~Jatlon and abandon massive resistance placed him among Vir- giuia's most courageous chief executives. This is Roancke's first opportunity to honor ~lmond since his death in April, and the city should snatch it. There's a desire to act quickly to honor the dead, particularly if the deceased was in the prime of life. Dalton was only 55 when he died at the end of July, so his name may benefit from that son~- menL This can vetT easily be overdone, though, as was the case after President Kennedy's death. In the lung run, this really isn't a partisan matter -- there will be enough buildings and high. ways and schools to go around to take the names of bath Democratic and Republican leaders. There's no harm in playing a little politics in the meantime, but the final decision should be unanimous. Roanoke will have an opportunity to give Dalton a fitting memorial, but give this one to Almond. Roanoke T mes World-News F2 Roanoke Times & WoHd-News, Sunday, July 14, 1985 EDITORIALS !LETTERS Lindsay Almond Almond statue NOW, WHEN outside financing for the proposed controversial, $93,000 Brower Hatcher sculpture in the Roanoke Courthouse has run Lnto a snag, is a good time to consid- er a more conventinal alternative. What could be more appro- priate than a larger-than-life-size standing statue of former Gov. J. Lindsay Almond? The late U.S. Sen. Harry F. Byrd Sr. is so remembered in a lO-foot statue in Capitol Square in Richmond. Such a memorial would not only adorn the courthouse atrium, but also honor one of Roanoke's most distinguished sons. It would re- mind us that his career as U.S. con- gressman, attorney genera] of Virginia, and history-making gover- nor during the school integrat{on turmoil all began when he was judge of the Roanoke Hustings Court. ROBERT B. SEARS Roanoke Roanoke T mes World-News LETTERS WEDNESDAY JANUARY 29. 1986 ROANOKE VIRGINIA The perils of a convention AS PLANS to celebrate the U.S. Constitutional Bicentennial in 1987-89 draw near. it seems likely that a Lq'eater effort w~ be made to bring about a constitutional conven- tlou to adopt ~n amendment callL~g for a balanced budget. Thirty-two states, includim[ Virginia, have asked for such a convention, and under the Constitution, when two- thi~ls of the states (34 of the 50) have done so, Con~-ess "shall" call such a convelltioo. Many constitutional scholars believe the deliberations of such a convention could not be limited to a balanced budget amendment. No rules exist to govern its powers, pro- cedures, or the election of its parti- cipants. The door wotfld be open for the opportunity to change our entire national election system, which could provide for electing a presi. dent to serve an unlimited term with authority to appoint all legisla- tor's as well as heads of all depart- meats, along with local tad state attorneys and judges. This could also allow the elite planners to make all other impor- tant decisions and provide them an apparatus to manage the news and control elections, forfeit revenues, abridge freedom of expmesion and the practice of religion, and pitch OUt our American separation of powers, check~ and balances and replace it with a type of government run by appointed, not elected, offi- ciaLq. Om' Constitution was draf:ed by framers with the most brilliant minds ever gathered. It is an m- spired document that has g~ran- teed our political and spiritual freedom, economic oppo~umty and national ~'owth. Xt is a statement of principle and practicality that has worked well for 200 years. The Bi- centenmal in 1987-89 should be a ce- lebration of our Constitution's unparalleled success, not crists ye~'s when we are UJlCertatll wheth- er it will survive. JOHNNY H. JOHNSON Roanoke Office of the City C~en~ September 11, 1986 File #64-24 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the adoption of the State of Virginia ~uilding Iqaintenance Code, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. On motion, duly seconded and unanimously adopted, the report was received and filed. Sincerely, Mary F. Parker, CIqC City Clerk ~'IFP: s e EnCo cc: Mr. Hilburn C. Oibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. William F. Clark, Director of Public Works Mr. Ronald H. Miller, Building Commissioner Mr. H. Daniel Pollock, Housing Development Coordinator Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanc~e, Virginia 240t I (703) 98'h2541 Office of the City Manager September 5, 1986 The Honorable Noel C. Taylor, Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor and City Council: Subject: Council Briefing - Adoption of Virginia Building Maintenance Code Enclosed for your review prior to Monday's meeting is a copy of the above- referenced report which will be presented to you in the form of a briefing. I regret that we were unable to get this report into your regular package; however, I felt it was very important that you receive it prior to the Monday night meeting, in order that you might familiarize yourself with the issue at hand. If you should have questions or comments regarding this or any related matter, please feel free to contact me prior to Monday night's meeting. Sincerely, W. Robert Herbert City Manager WRH/EBRJr/a Attach. CC: Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Finance Director Mr. William F. Clark, Director of Public Works Mr. Ronald Miller, Building Commissioner Mr. Dan Pollock, Housing Development Coordinator Room 364 Municipal Building 2 t5 Church Avenue, 5.W. Roanoke, Virginia 24011 (703)98t-2333 Roanoke, Virginia September 8, 1986 II. III. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Adoption of Virginia Building Maintenance Code I. Back,round Present Property Maintenance Code was adopted by City Council effective July 1, 1981 to establish standards of maintenance for existing structures, residential and non-residential. Adoption of this Code was pursuant to the recommendation of the Housing Rehabilitation Task Force, as part of the City's neighborhood revitalization efforts. C. Code Enforcement Authority has enhanced the City's and neighborhood efforts to improve the City's housing stock. Current Situation A. Statewide Building Maintenance Code has been adopted by the State Board of Housing and Community Development, as authorized by the General Assembly, to be effective October 1, 1986 as Volume II of the Uniform Statewide Building Code. City's current Property Maintenance Code will be superceded by the Statewide Building Maintenance Code and will no longer apply as of October 1, 1986. Adoption by the City of the State's new Building Maintenance Code is optional but is necessary to continue the City's enforcement authority over maintenance and conditions of existing structures, i.e. if the City has a code regulating such maintenance, it must be the State's new Code. A. Neighborhood Revitalization B. Safety of building occupants and seneral public Changes in Code requirements (Attachment) 1. Administrative provisions 2. Substantive Changes D. Cost to the City E. Timin~ IV. Alternatives Adopt Volume II (Building Maintenance Code) of the Uniform Statewide Building Code effective October 1~ 19861 appoint the City Building Cmmm~ssioner as the enforcing Code OfficialI and establish a Building Code Board of Appeals. Neighborhood revitalization will be enhanced. Building Maintenance Code will encourage owners to keep their property in good repair or to return it to good condition. Safety of building occupants and general public will be enhanced. Code specifies standards to which all buildings must be maintained and allows unsafe buildings to be condemned and vacated until repairs are made. 3. Changes in Code requirements are outlined on the attachment. The following are among the most significant changes: a) Administrative provisions 1. Maximum penalty for violation is increased from $500 to $1,000. Appeals will be to Building Code Board of Appeals within 90 days, instead of to Property Maintenance Code Appeals Board within 20 days. 3. Conditions and restrictions upon transferring property cited as in violation are removed. b) Substantive changes Conditions on premises not directly related to the structure are absent from new Code but are addressed under other provisions of City or State Code, e.g. weeds, junk vehicles. Fire safety provisions in new Code requires certain exit facilities and safety measures. Current Maintenance Code does not address such issues. Cost to the City will be dependent on staff assigned to enforcement of the Code, and the effect on property values due to improved property maintenance. In itself, the new Code will not cost more or less to administer than the current Property Maintenance Code. Timing should provide for adoption effective October 1, 1986. Violation notices or condemnations issued before October 1 would be prosecuted under the current Property Maintenance Code. Do not adopt Volume II (Buildin~ Maintenance Code) of the Uniform Statewide Buildin~ Code. Neighborhood revitalization will be hindered by the City's lack of significant control over the conditions tn which buildings are maintained. Only buildings constructed or substantially altered since 1973 would be covered by the Statewide Building Code and be subject to code enforcement as an incentive to maintain property. Safety of buildin~ occupants and ~eneral public would be jeopardized. As of October 1, 1986, the City would have no control over the condition of buildings constructed prior to 1973, except as allowed under the City Code relating to health and fire prevention. 3. Chan~es in Code requirements would not be an issue, as the current Property Maintenance Code will expire October 1 and not be replaced. Cost to the Cit~. Personnel cost may be less in that City code enforcement activities would be dramatically reduced; property tax revenues would also be reduced due to decreased property values from unmaintained property. 5. Timin~ is such that as of October 1, 1986, the current Property Maintenance Code will expire. Due to State action, adoption of the Building Maintenance Code effective October 1, 1986 is necessary if the City is to retain any control over the maintenance standards of older buildings (built before and not substantially altered since 1973). Such control is vital to the safety of the occupants of these buildings and the general public, and to continued efforts to preserve and improve the City's housing stock. Respectfully submitted, W. Robert Herbert City Manager Attachment CC: City Attorney Director of Finance Director of Public Works Building Commissioner Housing Development Coordinator Current Property Maintenance Code ATTACltMENT New Building Maintenance Code ADMINISTRATIVE PROVISIONS Penalties Serving Notice of Violation Appeals Serving Notice of Required Demolition Transfer of Ownership of Buildin~ with Viola- tions Fine Up to $500 Personal Service; or leaving at residence with family member; or, if not possible, registered mail; or, if undeliverable, posting property and advertising in newspaper To Property Maintenance Code Appeals Board, including one property manager, one contractor, one architect, one renter and one homeowner. Appeal filed within 20 days. Appeal from Appeals Board to Court within 15 days. Notice must be delivered to lienholders, as well as to owner; or posting property and publishing weekly for three successive weeks Owners may not sell, mortgage or lease property without giving buyer, lender or tenant copy of compliance order, and giving code official notarized statement from buyer, lender or tenant accepting responsibility for compliance. Fine up to $1,000 Personal service; or registered mail and posting property To Building Code Board of Appeals, from different occupational or professional fields. Appeal filed within 90 days. Appeal from Board of Appeals to State Building Code Technical Review Board within 15 days. Appeal from Technical Review Board to Court. Same as for violations and unsafe buildings (above). No provisions made under Building Maintenance Code. Similar provisions recommended for inclusion in City Code. SUBSTANTIVE PROVISIONS Condition of Premise~ Requires service stations and foo~ drive-ins be paved in good repair. Prohibits outside rubbish or garbage. Requires owners to provide closed garbage containers. Holds owner responsible for pest control in outside, shared, and public areas, except single-famil dwellings. No provisions made. No provisions made, but addressed by other sections of City Code. Attachment Page 2 Exterior Light Requires salvage yards and storage areas be screened. Prohibits more than one unregistered or uninspected vehicle in residential districts; no such vehicle may be in disrepair or under major repair Prohibits open fires except as allowed by fire official. No provisions made Does not restrict by time period, or use of building; excludes floors above fifth floor, screen doors on non-residential buildings and with other out- swinging doors. Requires every habitable space to have lighted window area of at least 8% of room's floor area except kitchen. Requires common halls and stair- ways be lighted with at least a 60-watt light except in one-famil' dwellings. Requires house numbers readable from street. Prohibits discharge of water from roof as nuisance to adjacent property or to public Requires secure handrails/ guardrails on stairs, fire escapes, porches, balconies, etc. and prohibits snow, ice, debris and other hazardous conditions on stairs, porches, fire escapes. Requires screened doors and windows from April 1 to December 1 on all ventilation openings of buildings with habitable rooms, or areas for food preparation, service, manufacturing, storage, etc.; except where screening is impractical, provided other means are used. Requires every habitable space to have lighted window area of at least 4% of room's floor area, except kitchen. Requires common halls and stair- ways in one and two-family dwellings to be lighted with at least a 60-watt light per 200 square feet, at no more than 30-foot spacing. Attachment Page 3 Ventilatio~ Space Requiremen~ Plumbing Facilities Heating Facilities No similar requirements to exhaus! to the outside. No provisions made Requires each dwelling unit contain minimum floor area of 150 ft. for first occupant and 100 ft. for each additional occupant. No provisions made. No similar requirements. Requires heating facilities capable of maintaining 65° Requires air exhausted from bathroom or from area where toxic or irritating fumes, dust, etc. are produced must be exhausted to the exterior and not recirculated. Requires clothes dryer exhausts be independent of other systems and properly vented. Requires dwelling units be separate from each other, and prohibits sleeping rooms from being only access to other habitable rooms. No minimum requirement for total living area. Requires every habitable space to be at least 7 ft. wide at narrowest point, and kitchens to have a passageway at least 3 ft. wide between counters, appliances and walls. Requires bathroom not be used as passage to hall, other room, or outside, and that a bathroom be accessible from any bedroom without passing through another sleeping room. Requires each dwelling unit be furnished heat to at least 65° from Oct. 1 to May 15, between 6:30 a.m. and 10:30 p.m., and 60° at other times of the day or when outside temperature falls below 0°. Specifies this is responsibility of owner if terms of renting specifies or implies heat is furnished. Attachment Page 4 Electrical Facilities Elevators Fire Safety Personal Responsi- bilities No provision. Requires two outlets or fixtures per room, except three in kitchen and one light and one outlet in bathrooms and laundry rooms. No such requirement. No such requirements. Occupant is responsible for disposal of trash in approved disposal facilities provided to dwelling unit. Holds tenant responsible for continued rat-proof condition, but doesn't assess responsi- bility for cost of extermi- nation due to failure to maintain. Requires most non-residential buildings to be heated to 65° from October 1 to May 15 during working hours. Responsibility may be owners' or tenants'. Requires same numbers of outlets or lights as current code, except that receptacle in bathroom or laundry room must be grounded. In addition, size of dwelling and use of equipment may require additional facilities consistent with electrical code. Buildings with more than one passenger elevator must have at least one in operation anytime building is occupied. Any residential building more than two stories high, except one and two-family dwelling, must have at least two exits from each floor above the second floor, accessible for entire floor. Any bedroom in basement must have window or door for emergency exit, or have access to two independent exits. Aisles in mercentile buildings must be at least 36 inches wide or 44 inches for more than 50 occupants. Requires fire doors be operable, and prohibits use of unapproved devices to hold such doors open. No such requirement that occupant is responsible, but means of garbage disposal must be provided to unit, and be kept in good operating condition by owner. Holds tenant responsible for cost of extermination if he/she fails to maintain rat-proof condition. Office of the City Clerk September 11, 1986 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the opening of Norwood Street, S. W~, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. On motion, duly seconded and unanimously adopted, action on the matter was deferred until the regular meeting of Council on Monday, October 13, in order that City representatives may meet with property owners who signed a petition under date of August 15. It was the consensus of opinion that if concerns of the pro- perty owners have been resolved prior to the next meeting of Council, a report will be submitted to Council for consideration at its meeting on Thursday, September 25, 1986. Sincerely, Mary F. Parker, CI1C City Clerk i~IF P: CC: se Mr. Robert R. Caudle, 4110 Chesterton Street, S. W., Roanoke, Virginia 24018 Colonel Leonard S. BecKer, 1916 Walmann Road, S. W., Roanoke, Virginia 24018 Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Chief of Community Planning Mr. Edward R. Tucker, Planner Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Vlrglnia 240t I (703) 981-2541 To: From: Date: Members of City Council Charles L. Hall 5006 Gatewood Avenue, Roanoke 24018 Phone 989-8274 September 8, 1986 I, Charles L. Hall, request that my name be removed from the petition which I signed on August 15, 1986 stating "that the City of Roanoke not construct the extension of Norwood Street at taxpayer's expense .... ..." My reason for this request is that I knew nothing of the letter dated October 21, 1980 from the City of Roanoke to Mr. Bob R. Caudle and the subsequent Letter of Acceptance dated February 10, 1981, signed by Mrs. Norton on February 17, 1981 making the letter of October 21, 1980 a part of her acceptance of the City's offer to purchase a part of her land for the Norwood Storm Drain Project. Had I known of these letters and agreement, I would not have signed the petition at all. I feel the facts relative to this matter were misrepresented at the meeting during which I signed the petition. I cannot speak for the other petitioners; however, I feel that many of them would feel the same as I do. I would recommend that the City accept Alternative "A" ~f the City Manager's request dated September 8, 1986 and "authorize the construction of Norwood Street cooperatively with the proposed ajjace~t land subdivision." Charles L. Hall ~ Street, and to construct curb and gutters on that portion of Norwood Street bordering her property, and to take other actions, in return for the City opening said street, all as described and set out in the City Manager's report to Council dated September 8, 1986; such agreement to be approved as to form by the City Attorney. 4. municipal In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: ordinance shall be in City Clerk. Honorable Noel C. Taylor, Mayor and Members of C±ty Coune±l Roanoke, V±rg±n±a Roanoke, Virginia September 8, 1986 Dear Mayor and Council Members: Subject: Background: Opening Norwood Street, S.W. II. A. Airview Court Subdivision was platted in 1955 and 1956 Mien the area was in Roanoke C~ounty. Portions of the property were "reserved,, for the future development of Norwood Street. B. Right-of-~wa~ acquisition for storm drain facility was made in late 1980 from ~ Norton. This acquisition was adjacent to the land previously "reserved,, for the future development of Norwood Street. C. October 21, 1980, letter from the ' . Bob Ca~dl~Edna N - City administration to Mr. or~on, described the policy in effect at that time for opening unimproved, dedicated rights- °f-way. The letter did not clearly recite the responsibility of subdivision developers in such instances. D. Request from F & B Developers that the City open Norwood Street was on Council's agenda on July 28, 1986, but continued for further consideration at the request of the City Adminis- tration. Current Situation: A. Title search by the City Attorney's office has determined that the propert~ "reserved" for Norwood Street has not been pro- perly dedicated for public right-of-way. This needs to be re- solved due to the existence of the City's Storm drain facili- ties through the area as well as the proposed street opening. B. Petitio~ was submitted to City Council by residents of the Norwood Street area objecting to the construction of this street at taxpayers expense. Me~etin~g was held September 3, 1986, between Mr. Caudle and City Administrators to discuss the previous request for the opening of Norwood Street. Mayor and Council Members Subject: Opening Norwood Street, S.W. September 8, 1986 Page 2 III. Issues as they relate to the construction of Norwood Street, S.W., between Airview Road and Hope Road, are as follows: A. ~egal requirements B. ~egal authority C. Cost D. Funding IV. Alternatives: Bo Council authorize the construction of Norwood Street (see Attach- ment "A") cooperatively with the proposed adjacent land subdivi- sion. - Legal requirements. The City is not legally required to open this unimproved street. It is understandable, how- ever, that the adjoining property owner thought the City was offering to improve Norwood Street as part of the transaction which occurred in 1980 related to the storm drain project. There is, additionally, the matter of City storm drain facilities existing under the property "reserved" for Norwood Street. Legal authority exists for City Council to authorize the "reserved" property to be acquired and the street to be graded. Cost to the City would be approximately $15,000 - $20,000 for City forces to construct a 30-foot wide double surfaced treated road. Funds are available in the FY 1986 Operating Budget of Street Maintenance. Under this proposal the ad- joining property owner/developer would be required to pro- vide standard curb and gutter adjacent to the property to be subdivided, in keeping with City regulations. Up to $5,000 could be required to acquire the "reserved" portion of Norwood Street. Funding of the City share of the construction would be from existing operating accounts. Unspent appropriations for Shenandoah Avenue Realignment (Account #0080529540), re- cently completed, can be transferred for the right-of-way acquisition. Council not authoriz~ any City participation in the construc- tion of Norwood Street. Mayor and Council Members Subject: Opening Norwood Street, S.W. September 8, 1986 Page 3 ~- The property "reserved,, for Norwood Street would still-need to be acquired to clear up the matter of public right-of-way for the City's existing Storm drain facilities through the area. 2. ~e~ would not be an issue, since City Council has full discretion in this matter. 3. Coast would be limited to the acquisition of the "reserved,, portion of Norwood Street, not expected to exceed $5,000. 4. Funding would be available in the same account set forth in Section IV.A.4. Recommendation: It is recommended that City Council approve Alternative "A" and authorize the construction of Norwood Street cooperatively with the adjoining property owner/developers by means of the follow- ing actions: ~ A. Authorize the acquisition of the "reserved,, portion of Norwood i r~et by donation, or Purchase, or condemnation, if necessary, c~id~ration not to exceed $5,000 ~ .... al~ ~uY ~ouncll; transfer funds f~om ~usOu~ ~urther approval to be ~ ~ ~uu a new account entitled ,,~,- ~ue Re- established by the Director of Finance. ~urwoo~ Street" Authorize the City Manager to enter into an agreement, in the general form attached hereto, in a form acceptable to the City Attorney, providing for the cooperative construction of Norwood Street between Airview Road and Hope Road. ~pol~t~ a Viewer to ascertain on adjoining private property what damages, if any, will occur Norwood Street. ~ as a result of the opening of WRH:WFC:gs Attachments pc: Assistant City Manager City Attorney Director of Finance Director of Public Works City Engineer Respectfully submitted, W. Robert Herbert City Manager City Planning Mr. Bob R. Caudle, 4110 Chesterton Street, Sow. Col. Leonard S. Becker, 1916 Walmann Road, S.W. .\ Robert R. Caudle 4110 Chesterton Street, Roanoke, Virginia 24018 So Wo Re: Norwood Street Dear Mr. Candle: This is to advise that City Council, by Ordinance No. , adopted , 1986, has authorized the grading, con- struction and opening of an approximately 785 foot extension of Norwood Street between Airview Road, S. W. and Hope Road, S. W. In this regard, the City will do the following in an expeditious manner: (a) aequire whatever property is necessary for the City to have a fifty (50) foot right-of-way to connect Airview Road and Hope Road; and (b) construct at City expense a thirty (30) foot wide street surface treated to City of Roanoke standards (including bearing the expense of any utility re- locations on City property, and payment of damages, if any, to adjacent property owners). In return, your mother, Mrs. Edna Norton, agrees to do the fol- lowing: (a) donate to the City any interest that she may have in the fifty (50) foot right-of-way needed by the City; (b) at the time a subdivision plat is submitted for approval in conjunction with the subdivision of any property fronting on Norwood Street by Mrs. Norton, she will execute a subdivider's agree- ment, and post guaranty as required by §31-105, Code of the City of Roanoke (1979), as amended, agreeing to construct at her expense a curb and gutter to City standards for the approximately 785 foot extension of Norwood Street fronting her property; and (b) execute a release agreement releasing the City. from any and all claims, demands, da~nages, ac- tions, causes of action or suits of any kind arising out of or related to the establishment of the grade and elevation of Norwood Street or Mr. Robert R. Caudle Page performing grading work on said street, includ- ing but not iimited to any claim for damages under §15.1-368, et seq., Code of Virginia (1950), as amended. It is acknowledged by the parties hereto that no building permits can be issued for the lots proposed to be subdivided by Mrs. Norton until such lots have been properly subdivided and a plat therefor been recorded as provided by law and until the City has improved Norwood Street to a condition ~ere there is useable vehicluar access to the lots, whieh shall be as determined by the City. By executing this letter of agreement, the City does not hereby acknowledge, and expressly denies, that it is under any obligation to grade and improve Norwood Street by virtue of any previous eommunieations with Mrs. Norton or her agents, includ- ing but not limited to a letter dated October 21, 1980, addressed to Bob R. Caudle from Richard V. Hamilton, and other correspon- dence relating thereto. By execution of this letter of agreement, Mrs. Norton and Mr. Caudle declare that they have reach the terms of this agree- ment and fully understand and accept them for the purpose of in- ducing the City of Roanoke to grade and improve Norwood Street, S. W., between Airview Road, S. W., and Hope Road, S. W. Sincerely, WRH:mfc W. Robert Herbert City Manager We agree agreement, as of to be bound by the terms of the foregoing letter of witnessed by our hands and seals this day 1986. ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By W. Robert Herbert City Manager Mr. Robert R. Caudle Page 3 Edna Irene Milliean Norton (SEAL) (SEAL) Robert R. Caudle 0/7.~/S6 - CoNies to Council; C. ~'qr.; City 5ttv.; Di]:. Public TO: Roanoke, Virginia August 15, 1986 THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In session A PETITION FOR CONSIDERATION and/or HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROANOKE, AS FOLLOWS: 1. WE, the citizens of the Airviow Subdivision, situate in the c~ southwest section of the City of Roanoke, wish to present our objection in the form of a petition, herein set forth: a. Being qualified voters and freeholders of the above-mentioned area, we desire to voice our opposition to the construction by the City of Roanoke of an extension of Norwood Street at Airview Road to accommodate the development of an area approximately 780 feet in length, known as the Norton property. b. It is the contention and firm belief of the listed citizens and taxpayers, that the City of Roanoke should not construct the extension of Norwood Street at taxpayers expense in order to ac- commodate the developer of the Norton property, which, in our view, is the responsibility of the owner of the property and developer and not the tax paying citizens of the City of Roanoke, Va. 2. It is the desire and hope of the undersigned that this petition receive favorable consideration of the duly elected members of City Council. Zip Name Address Code Telephone No. Zip yj Nar~e -- ,: Addz',,ess ~ ~ ,! Code // . Te).enhon~. No. ~EPARTM£NT OF FINANCE CITY OF ROANOKE, VA. September 8, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members Joel M. Schlanger Monthly Financial Report of City Council Attached is a copy of the financial report for the month of July, 1986. JMS:dp GENERAL FUND CONTINGENCY BALANCE AS OF JULY 31, 1986 Contingency Reserve: Balance July 1, 1986 Citizens' Request for Service - Mowing Equipment Contingency Balance $ 237,542 ( 5~000) o o ~ ~ CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1986 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on )nvestments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Net Income 1986 $ 84,289 125,039 9,780 6,174 87,953 32;832 346~067 53,200 32,813 43,484 63~330 192)827 153,240 49;184 104~056 14,207 250 10,053 1~735 26~245 130,301 3;089 127~212 1985 $ 80,264 121,500 9,231 3,023 64,103 28;337 306;458 49,008 3,845 41,583 %903 99;339 207,119 48t188 158;931 11,779 678 73 1~986 1%516 173,447 3~872 $ 169,57.~5 5 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project S.W. Trunk Line (Phase #) New Services Hyd. Lines Unidentified Plant Replacement Franklin Road Tank Land Vehicular Equipment FY86 Projects Design Total Year to Date Expenditures $ 1,328 5,529 16,018 680 15,288 2 ~630 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1986 Operating Revenue: Sewage Chargea - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income (Loss) Before Depreciation Less: Depreciation ~perating Income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Net Income (Loss) 1986 316,340 71,026 9,572 37,494 2,347 7~260 44%039 93,195 173~672 266~867 177,172 72;083 105,089 17,986 1,588 1,752 21~236 126,325 11~628 1141697 1985 $ 343,615 58,355 16,581 33,181 2,019 3~642 457,393 87,544 463,511 5511055 (93,662) 65~372 (1591034) 14,954 ( 825) 2~313 16,442 (142,592) 13~132 $ (155,724) 7 SEWAGE TREATMENT FUND CONT I NUED Capital Outlay Not Included in Operating Expenses: Project Miacellaneoua Construction Projects Flood Relief Cove Road Total Year to Date Expenditures $ 8,870 133,590 93 ~ 142~553 8 CITY OF ROANOKE REGIONAL AIRPORT FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1986 Operating Revenue; Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sa]es Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expense Interest Expense Net Income 1986 $ 53,275 15,493 24,595 1,248 2,078 123,278 4~383 224a350 28,163 66t200 94~363 129,987 45:311 84t676 221326 22~326 107,002 91471 $ 97~531 1985 $ 42,258 30,488 23,057 1,363 1,265 116,131 1,955 6~029 222~546 27,547 26~314 53~861 168,685 47~946 120~739 16~555 16~555 137,294 1~642 $ 135~652 REGIONAL AIRPORT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Airport Master Plan Noise Protection & Soundproofing Aviation Drive Widening Year to Date Expenditures $ 1,171 11,816 52~121 Total $ 65t108 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 1 MONTH ENDED JULY 31, 1986 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Intereat on Inveatmenta Miseellaneoua Total Non-Operating Income Net Income (Loss) 1986 $ 95 9~627 9;722 32,904 40,834 44,258 3,798 313 122~107 ( 112,385) 257420 ( 137~805) 4,871 208 5;079 $( 132~726) 1985 $ 7 290 6~318 6~615 35,142 38,884 7,650 3,483 382 85)541 ( 78,926) 25~827 ( 10%753) 4,528 53 47581 $ (100~172) Note: No capital outlay for July, 1986 ii CITY OF ROANOKE INTERNAL SERV)CE FUND COMPARATIVE INCOME STATEMENT FOR THE I MONTH ENDED JULY 31, 1986 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Oepreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating {Loss} Before Depreciation Less: Depreciation Operating (Loss} Add: Non-Operating Income )nterest on Investments Total Non-Operating Income Net (Loss) 1986 $ 11%675 11%675 259,525 81~731 341,256 (230,581) 33a241 (263,822) 3~823 3,823 $ (259~999) 1985 $ 30,535 30~535 257,897 72~481 33%378 (299,843) 31)610 ( 331,453) 4,368 4~368 $ (327m085) INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Utility Line Service - Operational & Construction Equipment Motor Vehicle Maintenance - Vehicular Equipment Total Year to Date Expenditures $ 690 375 $ 1)065 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL 5?ATENENT OF AOOOUNTABILITY FOR HON?H ENDED dULY 31, 1gO& TO THE DIRECTOR OF FINANCE: GENERAL STATEHENT OF ACCOUNTABILITY OF THE CITY TREASURER DF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY TBE NONTH ENDED JULY 91, 1996 FUND BALANCE AT RECEIPT5 DIBOURSEHENTB JUNE 30, 199& GENERAL $6,770,0D7.67 $8,3§6,426.70 $13,703,056.66 CAPITAL $BB,769,984~46 $160,445.89 $1,276,828.98 DEBT SERVICE $5,727,41&.09 $1,030,049.§1 $1,011,275.00 RATER $2,581,358.64 $376,07B.35 $165,26D.48 SEWAGE TREATNENT $3,306,639.57 $50A,450.72 $495,998.16 AIRRORT $4,247,46D.86 $255,779.50 $17B,107.14 CIVIC CENTER $999,77§9§ $15,209.83 $87,848.41 INTERNAL SERVICE $1,055,887.91 $BB,I89.04 $374,396.27 PAYROLL $B,B56,765.?a $4~186,578.V2 $6~387~§64.83 PUBLIC ASSISTANCE $15,059 43 $245,00000 $254,834.15 FIFTH UIST CONSORTIUN $99,907.68 $9,288.58 $B05,278 48 GRANT PRUGRANS $416,D37.78 $932,086.51 $709,398.19 BALANCE AT JULY 31, 1986 $3,483 399.71 $81,654 206.53 $5,746 189.§4 $2,798 165.57 $3,315 091.13 $4,331 140.68 $911 74337 $5O3 570.68 $55,779.53 $5,884.88 ($97,742.28) ($60,467.96) BALANCE AT dULY 31, 1985 $7,451,753.89 $12,174,195.78 $6,509,932.45 S3,044,413.84 $D,979,391.35 $2,§00,330.88 $554,587.16 $390,D06.94 $10B,561..50 $3,TDT4! $239,190.18 $54T,788.14 TOTAL $52,2D9,467.06 $15,333,457.59 $D4,982,023.93 $48,580,900.72 $36,499,042.86 CERTIFICATE I HERELY CERTIFY THAT THE FOREGOING IS A TRUE 5TATENENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR TNB FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE NONTH ENOING JULY 31, 1986 THAT SAIB FOREGOINB: CASH IN HANg CASH IH DDNINION BANK CASH IN COLONIAL ANERICRN NATIONAL BANK CASH IN SOVRAN BANK CASH IN BANK DF VIRGINIA INVESTHENTS ACQUIRED FRDH COMPETITIVE PROPOSALS: DOMINION BANK COLONIAL ANERICAN NATIONAL BANK SOVRAN BANK UNITED VIRGINIA BANK BANK OF VIRGINIA CENTRAL FIDELITY CERTIFICATES UNITED STATES CASH OF DEPOSITS SECURITIES $71,146.64 $1,553,125 05 $35,779.53 $1,657.58 $191.9B TOTALS $71,146.64 $1,55B,12§.05 $53,779.53 $I,657.58 $191.98 $5,500,000.00 $5,500,000.00 $0.00 $8,000,000.00 $8,000,000.00 $B,500,000.00 $0,500,000.00 $15,500,000.00 $15,500,000.00 $9,400,000.00 $9,400,000.00 TOTALS $1,680,900.72 $35,400,000.00 $5,~00,000.00 $48,580,900.7~ DATE: 8/11/86 ROANOKE CITY TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 1 MONTH ENDED JULY 31, 1986 REVENUE City's Contributions Investment Income * Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1986 $ 183,416 (231,985) 501,484 6t668 $ 459~583 1985 $ 75,379 ( 259,502) 395,077 4~513 $ 215~467 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net Income Year to Date $ 412,248 (112,145) 6,717 16,128 471 ( 10~191) 313~228 $ 146~355 $ 380,898 505 8,001 471 ( 595) 389~280 $ (173~813) * Negative amounts are due to reversal of June 80 accurals. CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF JULY 31, 1986 ASSETS Cash Investments (market value o 1986 $7§,867~782 1985 $59~665,618) Prepaid Expenses Total Assets 1986 $( 6,906) 67,961,335 10~359 $67~96%788 1985 $ 1,012 57,255,960 16;009 $57~272m981 LIABILITIES AND FUND BALANCE Accounts Payable Tota] Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance $ 67,818,433 146~355 67196%788 $67~96%788 $ 11;179 11;179 57,435,615 (173~813) 57~26I;802 $57)272)981 16 Office of ~ne City C~en~ September 11, 1986 File #24-280 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28345, amending and reor- daining subsection (a) of §2-239, Authority to establis~ petty cash and chan~e funds, Code of the City of Roanoke (1979), as amended, to provide for petty cash funds in amounts not to exceed $10,000 and change funds in amounts not to exceed $5,000, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Eric. Room456 MuntcipalBullding 2t5C~urchAvenue, S.W. Roanoke, Vlrgin~a24CI11 (703)981-2541 Mr. W. Robert Herbert Page 2 September 11, 1986 CC: Mr Mr Mr Ms Mr Mr Mr Wilburn C. Oibling, Jr., City Attorney Joel M. Schlanger, Director of Finance William L. Brogan, Municipal Auditor Rebecca C. Brown, Assistant Municipal Auditor Gordon E. Peters, City Treasurer Donald S. Caldwell, Commonwealth's Attorney Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Jack B. Coulter, Chief Judge, Circuit Court The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Ernest W. Ballou, Judge, Circuit Court The Honorable Roy B. Wiltett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. 'Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of September, 1986. No. 28345 VIRGINIA, AN ORDINANCE amending and reordaining subsection (a) of §2-239, Authority to establish petty cash and change funds, Code of the City of Roanoke (1979), as amended, to provide for petty cash funds in amounts not to exceed $10,000 and change funds in amounts not to ex- ceed $5,000; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §2-239, Authority to establish petty cash 'and change funds, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §2-239. Authority to establish petty cash and change funds. (a) The Director of Finance, with the written concurrence of the City Manager and the Municipal &uditor, shall be authorized to establish such petty cash and changes funds as are necessary for the efficient operation of the various departments and offices of the City. The Director of Finance, with the written concurrence of the City Manager and the Municipal Auditor, shall establish the maximum dollar amount to be present in such petty cash and change funds, but under no circumstances shall any petty cash fund contain funds in excess of ten thousand dollars ($10,000.00), and no change fund shall contain funds in excess of five thousand dollars ($5,000.00). 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. September 8, 1986 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Petty Cash/Change Funds Attached for your information are two separate memoran- dum's from Rebecca C. Brown, Assistant Municipal Auditor -- one to the City Treasurer and one to me. I have reviewed both in detail and concur in the Muni- cipal Auditor's recommendation to revise City Code Section 2-239 in reversing the amounts in that code section. This would allow these funds to be used more effectively and with less paper work without exposing the City to any undue risk as there are proper internal controls on the use of these funds. This recommendation is concurred in by the City Treas- urer and Municipal Auditor. I recommend the attached ordinance to you. JMS:dp CC: Wilburn C. Dibling, Jr. Gordon E. Peters William L. Brogan Rebecca C. Brown CITY OF ROANOKE Interdepartment Memorandum DATE: TO.- FROM: SUBJECT: June 30, 1986 Joel M. Schlanger, Director of Finance Rebecca C. Brow,~Assistant Municipal Auditor Petty Cash/Change Fund We received a copy of the letter sent to you on April 15, 1986 by Gordon Peters requesting an increase in the petty cash fund for the Treasurer's Office, and requesting us to review his fund disbursements. We have reviewed his petty cash requirements and made recommendations to him regarding the establishment of petty cash fund balances. (You will be receiving a copy'of that memorandum, dated June 30, 1986.) In connection with that review, we are requesting you to consider a revision to the City Code, Sec. 2-239, which states: "...under no circumstances shall any petty cash fund contain funds in excess of five thousand dollars ($5,000.00), and no change fund shall contain funds in excess of ten thousand dollars ($10,000.00)." We believe these dollar limits would be more effectively used if the upper limits were to be reversed; i.e., the maximum amount of petty cash funds would be $10,000.00, and $5,000.00 for change funds. We would be happy to discuss this further with you at your convenience. Thank you. RCB/ewb cc: Gordon E. Peters, Treasurer William L. Brogan, Municipal Auditor CITY OF ROANOKE Interdepartment Memorandum DATE: TO: FROM: SUBJECT: June 30, 1986 Gordon E. Peters, Treasurer [~A sistant Rebecca C. Brown, s Municipal Auditor Petty Cash and Change Funds In your letter to the Director of Finance, dated April 15, 1986, you requested that our office review your petty cash disbursements and make a recommendation regarding the petty cash fund. The balance of your petty cash fund is currently $25,000, but is usually established at $10,000. You indicated that the $10,000 balance is not sufficient for operation since you handle both returned insufficient funds checks and jury claims through your petty cash account. It appears that the most significant problem is the extensive amount of time it is currently requiring for the state to make reimbursements for jury claims. The Code of the City of Roanoke, Sec. 2-239. states that "under no circumstances shall any petty cash fund contain funds in excess of five thousand dollars ($5,000.00), and no change fund shall contain funds in excess of ten thousand dollars ($10,000.00)." We are sending a request to the Director of Finance asking his consideration in revising this statement of the City Code so that the dollar limits are reversed; i.e., a petty cash fund could be any amount up to $10,000.00, and change funds up to $5,000.00. (You will be receiving a copy of this memorandum.) Our recommendation to you is to establish two petty cash funds within your office. One, at an amount of $10,000.00, would be solely for the purpose of paying jury claims, and would be represented by your present checking account. When the checking account is reconciled each month, you could also prepare a reconciliation to the $10,000.00 balance of the fund. This reconciliation should consist of the checking account balance and the amount of reimbursement due from the State and/or City. You could establish guidelines for reconciling the fund balance at any other times you deem necessary. Gordon E. Peters, Treasurer Page 2 June 30, 1986 The second fund would be for the purpose of making miscellaneous refunds, refunding returned checks to the bank, and establishing change for the cashiers. According to my analysis, your average amount of returned checks is approximately $1,000.00 to $1,500.00, but may range as high as $7,000.00; your need for change funds is approximately $1,200.00, but may be higher during peak activity periods. Therefore, you will most likely need to establish this fund at the maximum of $10,000.00. You will need to set forth guidelines for when the fund should be reconciled. Our recommendation would be at least once a month. A reconciliation form similar to what you have been using would be appropriate. However, you might require that it be completed in its entirety, i.e., all blanks for returned checks and change amounts completed. We believe that these recommendations will allow you to maintain sufficient funds for daily operations, maintain adequate control over the petty cash funds, and still remain within the requirements of the City Code. Please advise us if we can be of any further assistance. RCB/ewb cc: ~Sel M. Schlanger, William L. Brogan, Director of Finance Municipal Auditor Office of the City Cle~ Se2tember 11, 1986 File #24-57-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28347, amending the Coae of the City of Roanoke (1979), as amended, by enacting new ~3U-9, Sidewalk and driveway encroachments, to delegate to you the authority to issue permits or licenses for sidewalk and driveway encroachments under certain terms and conditions, which Ordinance was adopted by the Council of the City of RoanoKe at a regular meeting held on Monday, September ~, 1986. Sincerely, ~lary F. Parker, C~IC City Clerk MFP:se Eric. Room 456 Municipal Building 215 C~urch Avenue, S,W, Roanoke, Vlrginla 2401 'I (703) 981-2541 Mr. W. Robert Herbert Page 2 September 11, 1986 cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr Joel M. Schlanger, Director of Finance Mr Kit B. Kiser, Director of Utilities and Operations Mr William F. Clark, Director of Public Works Mr Charles M. Huffine, City Engineer Mr Richard V. Hamilton, Right-of-Way Agent Mr Ronald H. Miller, Building Commissioner Mr Donald S. Caldwell, Commonwealth's Attorney Mr Raymond F. Leven, Public Defender, Suite 48, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Jack B. Coulter, Chief Judge, Circuit Court The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., C~ief Judge, General District Court The Honorable Ernest W. 8allou, Judge, Circuit Court The Honorable Roy 8. Willett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 Miss~ Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF 'I~4E CITY OF ROANOKE, VIRGINIA, The 8th day of September, 1986. No. 28347 AN ORDINANCE amending the Code of the City of Roanoke (1979), as amended, by enacting new §30-9, Sidewalk and driveway encroachments, to delegate to the City Manager the authority to issue permits or li- censes for sidewalk and driveway encroachments under certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordained by the addition of the following new section: §30-9. Sidewalk and driveway encroachments. The City Manager shall be authorized to issue per- mits or licenses for sidewalk and driveway encroach- ments in, upon and over a public street or alley right-of-way to the owner or owners of such encroach- ments and their grantees, assignees or successors in interest when such encroachments are constructed so as not to create an obstruction or safety hazard for motor vehicles or pedestrians. Such permits or li- censes shall be revocable at the pleasure of the City and shall be conditioned upon the applicant's agree- ment to indemnify and save harmless the City and its officers, employees and agents from all claims or in- juries or damages to persons or property that may arise by reason of any such encroachment. %~e City Manager may further condition the issuance of such permit or license on the applicant's, and the appli- cant's grantees, assignees or successors in interest, maintaining general public liability insurance naming the City and its officers, employees and agents as additional insureds with respect to the construction or maintenance of any such encroachment in such policy limits as the City Manager shall deem appropriate. Nothing contained in this section shall be construed to relieve the owner or owners of any street or alley encroachment authorized by the City Manager from any negligence on their part on account of any such en- croachment. 2. In order to provide cipal government, shall be in full for the usual daily operation of the muni- an emergency is deemed to exist, and this ordinance force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia September 8, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachment on Street Right-of-Way Sidewalk - Driveway Connections The attached staff report was considered by the Water Resources Committee on August 25, 1986. This report specifically identifies the need to allow the property owner at 2517 Westover Avenue, S.W. to con- struct steps in the public right-of-way in order to safely be able to have access to the public sidewalk on public right-of-way. The report points out the general need for the City Manager or his designee to be able to authorize safe and prudent access from private sidewalks and driveways onto the public sidewalks and streets. It is very rare that the edge of the public sidewalk or edge of the street pavement is identical to the common property line between the public right-of-way and private property. Your committee recommends that Council concur with the staff report and authorize the City Manager or his designee to authorize in an orderly manner such encroachments as are necessary to allow usual and customary safe and properly constructed private sidewalk, steps and driveway con- nections to the public sidewalks and street surfaces. Respectfully submitted, 'za'beth T. Bowles, Chairman Water Resources Committee Page 2 ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Public Works Building Commissioner City Engineer INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: RE: III. August 25, 1986 Members, Water Resources Committee J 'ser thru Mr. Herbert Encroachment on Street Right of Way Sidewalk-Driveway Connections I. Back,round: Installation of driveways and private sidewalks, some of which include steps, by homeowners, contractors and develo- pers is an activity which continues City-wide every day. Private driveways and sidewalks must cross portions of public street rights of way to connect to public sidewalks and the street itself: Utility strip two (2) feet wide between back of curb and sidewalk must be crossed by private sidewalks and dri- veways. ii. Six (6) inch strip of street right of way behind sidewalk, where sidewalks exist, must be crossed by pri- vate driveways and sidewalks. II. Current Situation: Owner of home at 2517 Westover Avenue, S.W. has requested permission to install step(s) to extend private sidewalk enough to permit elderly tenant to safely reach street level. Westover Avenue~ S.W. is six (6) feet to eight (8) feet higher than yard level at location of 2517, and has City- installed macadam curb to prevent storm water from flowing down into yard, there is no sidewalk. Existing steps stop at right of way line several feet short of reaching the level of the street creating a steep dirt slope which the resident cannot safely cross either to enter or to leave the property. Current City policy requires City Council action to issue a permit for any such request to install steps or other such essential private sidewalk or driveway extensions onto public street right of way. Issues: A. Need Page 2 B. Timin~ C. Administration D. Legal IV. Alternatives: ae Committee recommend to City Council that it authorize the City Manager or his designee to issue revocable permits for extensions of private driveways or sidewalks onto street rights of way, where such extensions can be justified, by some system or in conjunction with, the Street Opening Permit System: Need for policy which permits essential construction to be authorized by administrator responsible for such mat- ters is met. Timing to permit immediate need to be accomplished is met. Administration of control of construction activities accomplished without need to add non-essential details to City Council's agenda. Legal - Council policy of requiring indemnification for private encroachments in the public right of way would be continued. Committee not recommend to City Council that it delegate to City Manager the authority to issue permits allowing essen- tial private sidewalk and driveway connections to be made to public sidewalks and streets across street rights of way: Need for a policy to make such authority available to the City Administration is not met. Timin~ to permit imm~ediate need to be accomplished is not met. Administration of control of such details of construc- tion activities remains with City Council. Legal - City Council would continue to grant revocable permits conditioned upon the applicant's agreeing to indemnification and insurance coverage. Page 3 Recommendation: Committee recommend to City Council that it authorize the City Manager or his designee to issue revocable per- mits for the extension of private sidewalks and driveways across street rights of way to make connection with the public sidewalks and streets, where justified, in accordance with Alternative "A". WRH:RVH:sef Attachments cc: City Attorney Director of Finance Director of Public Works Building Commissioner City Engineer ~C) © Office of the City Cle~ September 11, 1986 File #27 S. C. Rossi & Company, Inc. 1410 16th Street, S. E. Roanoke, Virginia 24014 Gentlemen: I am enclosing copy of Ordinance No. 28351, accepting your pro- posal for the relocation of a portion of the Hollins Road Storm Drain, at the Exxon Roanoke Terminal, Rhodes Avenue, N. E., in the total amount of $281,695.00, which Ordinance was adopted Dy the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. Sincerely, ~ary F. Parker, C~IC City Clerk MFP:se E~lco cc: Mr. J. S. Olsen, Marketing Department/Distribution, Exxon Company, U.S.A., P. O. ~ox 4388, Houston, Texas 77210-4358 Mr. Lloyd Clingenpeel, Norfolk Southern Corporation, 185 Spring Street, Atlanta, Georgia 30303 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney ~lr. Joel M. Schtanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician Room456 MunlcipalBulldlng 215 C~urch Avenue, S.W. Roonoke, VIrginlo24011 (703) 981-254t O~ce of the City C~e~ September 11, 1986 File #27 E. C. Pace Company, Inc. P. O. Box 12685 Roanoke, Virginia 24027 F. L. Showalter, Inc. P. O. Box 11525 Lynchburg, Virginia 24506 Gentlemen: I am enclosing copy of Ordinance No. 28351, accepting the pro- posal of S. C. Rossi & Company, Inc., for the relocation of a portion of the Hollins Road Storm Orain, at the Exxon Roanoke Terminal, Rhodes Avenue, N. E., in the total amount of $281,695.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. On behalf of the Council, I would like to express appreciation to you for submitting your proposal for the relocation of a portion of the Hollins Road Storm Drain. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 2't 5 C~nurch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of September, 1986. No. 28351 VIRGINIA, AN ORDINANCE accepting the bid of S. C. Rossi & Company, Inc., for the relocation of a portion of the Hollins Road Storm Drain, at the Exxon Roanoke Terminal, Rhodes Avenue, N.E., 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 ORDAI};ED by follows: 1. The bid of S. amount of $281,695.00, the Council of the City of Roanoke as C. Rossi & Company, Inc., for the relocation of a portion in the total of the HolIins Road Storm Drain at the Exxon Roanoke Terminal, Rhodes Avenue, N.E., as set forth in the bid committee report to this Council, dated September 8, 1986, 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 specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore provided by Exxon Company, U.S.A. 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 t~e City Cle~ September 11, 1986 File #60-27 Mr. Joel M. Schlanger Director of Finance RoanoKe, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28350, amending and reor- daining certain sections of the 1986-87 Capital Projects Fund Appropriations, to provide for the appropriation of $310,699.00 in connection with the award of a contract to S. C. Rossi & Company, Inc., for the relocation of a portion of the Hollins Road Storm Drain, at the Exxon RoanoKe Terminal, Rhodes Avenue, N. E., which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 8, 1986. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. cc: S. C. Rossi & Company, Inc., 1410 16th Street, S. E., Roanoke, Virginia 24014 Mr. J. S. Olsen, Marketing Department/Distribution, Exxon Company, U.S.A., P. O. Box 4388, ttouston, Texas 77210-4388 Mr. Lloyd Clingenpeel, Norfolk Southern Corporation, 185 Spring Street, Atlanta, Georgia 30303 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mrs. Delores Irving, Construction Cost Technician 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 8th day of September, 1986. No. 28350 AN ORDINANCE to amend and reordain certain sections of the 1986-87 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of .Roanoke that certain s6ctions of the 1986-87 Capital~ Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sanitation Storm Drain Relocation - Exxon Terminal $8,025,581 (1) ...... 310,699 Revenue Accounts Receivable - Exxon (2).............. ...... $ Revenue - Exxon (3) .....................''''' ' ' ''' ' 310,699 310,699 (1) Approp. from Third Party (2) Accounts Rec. (3) Revenue - Exxon (008-052-9583-9004) (008-1131) (008-008-1234-1030) $310,699 310,699 310,699 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia September 8, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Storm Drain Relocation - Exxon Roanoke Terminal - Rhodes Avenue, N.E. I concur in the recomm~endation of the Bid Committee report. WRH:VRD:sef Attachment cc: City Manager Director of Finance Director of Public Works Director of Utilities and Operation City Engineer Construction Cost Technician Respectfully submitted, City Manager Roanoke, Virginia September 8, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids For Storm Drain Relocation - Exxon Roanoke Terminal - Rhodes Avenue, N.E. I. Back,round: Ordinance No. 28021 authorized City officials to enter into an agreement with Exxon Company providing for the relocation of the Hollins Road Storm Drain through their property and Exxon to pay all cost involved in the relocation. Agreement stated that Exxon shall pay the City of Roanoke, Virginia, in lump sum, the cost of the lowest responsible bid plus ten (10%) percent contingency, plus any related project cost, prior to contract award by City Council. Check in the amount of $310,699.22 received from Exxon on August 18, 1986. City Council received, publicly opened and read three (3) bids for subject project on July 28, 1986, and referred the bids to a bid committee in order to review the bids and report back to council. D. Low Base Bid in the amount of $281~695.00 was submitted by S. C. Rossi & Company, Inc., Roanoke, Virginia. II. Issues in order of importance are: A. Compliance of the bidders with the requirement of the contract documents. B. Amount of the base bid. C. Funds for construction. III. Alternatives are: Award a unit price contract to S. C. Rossi & Company, Inc., in the amount of $281,695.00 and establish a contingency for the project in the amount of $29~004.22. Compliance of the bidders with the requirements of the contract documents was met. Project will relocate City storm drain facility away from petroleum affected area. 2. Amount of the base bid is acceptable and is 1.46% above the engineer's estimate. Page 2 Funds for construction of the project to be funded entirely by Exxon, prior to contract award. Check in the amount of $310,699.22 received from Exxon on August 18, 1986. B. Reject all bids and not construct project. Compliance of the bidders with the requirement of the contract documents would not be an issue. Elimination of possibility of petroleum products being introduced into Tinker Creek would not be addressed. 2. Amount of unit prices would probably be higher if rebid at a later date. 3. Funds would not be an issue. IV. Reconmnendatlon is that City Council take the following action: Award a unit price contract to S. C. Rossi & Company, Inc. in the amount of $281,695.00 in a form acceptable to the City Attorney. B. Reject all other bids received. Authorize the Director of Finance to appropriate funds received from Exxon Company and transfer to a new account identified by the Director of Finance in the amount of $281,695.00 and $29,004.22 contingency for the Storm Drain Relocation - Exxon Roanoke Terminal, Rhodes Avenue, N.E. Respectfully submitted, Chairman K t B. Klser William F. Clark RAG:KBK:WFC:VRD:sef Attachments: Tabulation of Bids Copy Exxon Approval Letter cc: City Manager City Attorney Director of Finance City Engineer ATTACHMENT TABULATION OF BIDS STORM DRAIN RELOCATION - EXXON ROANOKE TERMINAL RHODES AVENUE, N.E. Bids opened before Roanoke City Council at 2:00 p.m. on Monday, July 28, 1986 BIDDER S. C. Rossi & Company, Inc. E. C. Pace Company, Inc. F. L. Showalter, Inc. BASE BID BID BOND RECEIVED $281,695.00 Yes $311,431.00 Yes $348,767.00 Yes Engineer's Estimate - $277,575.00 Anticipated Construction - 180 Consecutive Calendar Days Robert A. GarlSfnd, Chairman Kit B. Kiser William F. Clark ~ice of ~e ~i~ ~e~k July 30, 1986 File #2'7 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for storm drain relocation, Exxon Roanoke Terminal, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 28, 1986: BIDDER BASE BID S. C. Rossi & Company, Inc. $281,695.00 E. C. Pace Company, Inc. 311,431.00 F. L. Showalter, Inc. 348,767.00 On motion, duly seconded and unanimously adopted, the bids ~ere referred to you for tabulation, report and recommenOation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:se CC: S. C. Rossi & Company, Inc., 1410 16th Street, S. E., Roanoke, Virginia 24014 E. C. Pace Company, Inc., P. O. Box 12685 Roanoke, Virginia 24027 F. L. Showalter, Inc., P. O. Box 11525, Lynchburg, Virginia 24506 Mr. ~'/ilburn C. Dibling, Jr., City Attorney Room 456 Municipal Building 215 C~urch A'.~nue, S.W. Roanoi~, Vlrgtnk~ 24011 (703) 98t-254t Or, ce af the City Oer~ September 11, 1986 File #207-450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 28328, authorizing the exe- cution of an agreement for the sale of approximately twenty acres of land in the Roanoke Centre for Industry and Technology to Orvis, Inc., or a related company specifically formed to do busi- ness in Virginia; authorizing a right of first refusal and right to purchase an additional eight acres; authorizing a right of entry; and authorizing the execution of the requisite deed with Orvis, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, August 25, 1986. also adopted by the Council on second reading on Monday, September 8, 1986, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, C~IC City Clerk MFP:se EF1C. cc: Mr. Joe Oresnok, The Orvis Company, U. S. Route 7, Manchester, Vermont 05254 Mr. Earl B. Reynolds, Jr., Assistant City ~qanager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief of Economic Development and Grants Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 2401 t (7~)~1-2~1 ~. W. Rob~ Herb~ Page 2 September 11, 1986 cc: Ms. Deborah J. Moses, Chief, Bitlings and Co~le~a~ *Added to c~bon copies on Novemb~ 16, 1987. IN THE COU}JCIL OF THE CITY OF ROANOKE, The 8th day of September, 1986. No. 28328 VIRGINIA, AN ORDINAl'ICE authorizing the execution of an agreement for the sale of approximately twenty acres of land in the Roanoke Centre for Industry and Technology to Orvis, Inc., or a related company specific- ally formed to do business in Virginia; authorizing a right of first refusal and right to purchase an additional eight acres; authorizing a right of entry; and authorizing the execution of the requisite deed with Orris. BE IT ORDAINED by the 1. The City Manager on behalf of the City, to an agreement with Orris, Council of the City of Roanoke that: and the City Clerk are authorized, for and execute and to seal and attest, respectively, Inc., a Vermont corporation, or a related company specifically formed to do business in Virginia ("Orvis"), viding for: (a) the sale being Site 4 and pro- to Orris of approximately twenty acres of [and, the northern half of Site 3, as yet unsubdivided, of the Roanoke Centre for Industry and Technology, for the sum of $100,000, which sum is to be paid in five equal installments by the Roanoke Val- ley Development Foundation and the Roanoke Valley Development Corpora- tion, which are to give the City an unsecured note at no interest for any balance unpaid upon closing; (b) the grant to Orris for ten years after the closing on the aforedescribed property of a right of first refusal and the non- exclusive right to purchase for fair market value, as determined by the City, an approximately eight acre parcel of land, being the southern half of the as yet unsubdivided Parcel 3 of the Roanoke Centre for Industry and Technology, said right of first refusal to enable Orvis to co~nuit to purehasing said property on the identical terms and conditions as offered the City by any other party, after Orris has had thirty days notice of such other offer, and said non- exclusive right to purchase to enable Orris to purchase the property for fair market value, as determined by the City, after having given the City written notice of its intent to do so; and (c) Orris being given a right of entry upon Site 4 and the nor- thern half of Site 3 prior to closing on such property for the purpose of beginning construction of an approximately 130,000 square foot ful- fillment center, provision being made to indemnify, hold harmless, and insure the City. 2. ~e agreement shall be subject to of the City ~nager's report of August 25, for such agreement shall be a nominal center. Orvis of its 3. The Attorney. the terms and conditions 1986; and the consideration sum and the construction by agreement shall be approved as to form by 4. The Mayor and the City Clerk are authorized execute on behalf of the City and to seal and attest, the City's deed of conveyance of twenty acres of land, being Site yet unsubdivided, of the Roanoke said deed to be sales agreement, the City and empowered to respeetively, the fee simple title of approximately 4 and the northern half of Site 3, as Centre for Industry and Technology, subject to the terms and conditions of the aforedescribed and to contain the right of first refusal and the right to purchase an additional eight acres, as described in Paragraph l(b) above; such deed to be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Orvis Land Sale Agreement Roanoke Centre for Industry and Technology Back,round: A. City of Roanoke is bein~ asked to sell 20 acres of land, corresponding to Site 4 and the northern half of Site ~ (see attached map) in the Roanoke Centre for Industry and Technology, to Orvis, Inc., or a related company specifically formed to do business in Virginia ("Orvis"), and to ~ive Orvis a non-exclusive right to purchase as well as a right of first refusal on the eight (8) acres comprising the remainder of Site 3. Consideration for sale of land to Orvis would be an unsecured note at no interest taken from the Roanoke Valley Development Foundation and Roanoke Valley Development Corporation requiring five equal installment payments of $20,000 per year. Right of first refusal and right to purchase the additional eight (8) acres would be extended to Orvis for a 10-year period dating from day of purchase. In the event of third party interest in the site, a decision would be due from Orvis within 30 days of their receiving notice from the City regarding this interest. Orvis would have right to purchase for same consideration as offered by the City to any other party. Orvis would also have the non-exclusive right to purchase for fair market value at anytime within the 10 year period. Orvis proposes to construct on the site a 130,000 square feet fulfillment center costing $4,500,000 and create approximately 125 initial jobs in their new operation. Construction schedulin~ to meet the planned opening date of May 1, 1987, calls for building construction to begin in mid-September, 1986. Because the City's site preparations will not be complete by that date, and Orris will have to work on City-owned land to meet the schedule, they are requesting a risht-of-entry agreement that will allow them to begin their building prior to actual transfer of the land. City of Roanoke would be indemnified by Orvis as a part of the right-of-entry agreement, and would be held harmless for any risks associated with the construction project on City-owned land. Orvis will also be required to insure the City's interest during this period. II. Issues: A. Timing. B. Economic Development Pro~ram. III. Alternatives: Authorize the City Manager to execute a contract to sell 20 acres of land at the Roanoke Centre for Industry and Technology, specifically Site 4 and a portion of Site 3 as outlined on the accompanying map, to Orvis or a related company specifically formed to do business in Virginia for the sum of $100,000 to be paid in $20,000 annual installments by the Roanoke Valley Development Foundation and the Roanoke Valley Development Corporation, to extend to Orvis the right of first refusal on the remainin~ eight (8) acres in Site 3, subject to 30 days notice, as well as the right to purchase the eight (8) acres for fair market value, (also see accompanying map) for a period not to exceed 10 years, execute a right-of-entry a~reement allowing Orris to enter City property for the purpose of constructing a distribution center to begin operations by May 1, 1987, and authorize the Mayor to execute the requisite deed to Orvis. Timin8 is critical to meet Orvis' proposed construction and acquisition schedule. Economic development program of the City of Roanoke would be realized with the addition of at least 125 new jobs. Do not authorize the City Manager to execute a contract to sell 20 acres of land in Sites 3 and 4, nor to extend the right of first refusal and right to purchase on the additional eight (8) acres in Site 3 to Orvis nor allow Orvis a right-of-entry onto City-owned property for the purpose of constructing a building. 1. Timin~ of construction would be jeopardized. 2. Economic development program benefits would not be realized due to the loss of a potential 125 basic jobs. IV. Recommendation: It is recommended that City Council authorize the City Manager to execute a contract providing for: (1) sale of 20 acres of land at the Roanoke Centre for Industry and Technology, specifically Site 4 and a portion of Site 3 as outlined on the accompanying map, to Orvis or a related company specifically formed to do business in Virginia for the sum of $100,000 to be paid in $20,000 annual installments by the Roanoke Valley Development Foundation and the Roanoke Valley Development Corporation (2) extending to Orvis the right of first refusal and the non-exclusive right to purchase for fair market value as determined by the City, on the remaining eight (8) acres in Site 3 (also see accompanying map) for a period not to exceed 10 years (3) providing for a right-of-entry agreement allowing Orvis to enter City property for the purposes of constructing a fulfillment center to begin operations by May 1, 1987, conditioned upon Orvis' indemnifying and holding harmless the City and its officers and employees from any and all claims and courses of action growing out of Orvis' construction activities on City-owned land. Orvis would also be required to provide insurance protecting the City's interest during this period; and (4) authorize the Mayor to execute the requisite deed with Orvis, transferring the 20 acres and extending the right of first refusal and the non-exclusive right to purchase for fair market value, as determined by the City, the remaining eight (8) acres. Respe~ctfully su~tted, W. Robert Herbert City Manager WRH:DE:mpf attachment cc: City Attorney Director of Finance Director of Public Works City Engineer Chief, Economic Development and Grants GARDNER-DENVER CO. .8 I Ae~ew 2 9.8 11 1 7.9- 4f AGREEMENT DRAFT THIS AGREEMENT, dated this day of and between the CITY OF ROANOKE, VIRGINIA (the ("Orris"), a Vermont corporation. 1986, by "City")and ORVIS, INC. convey Covenants, fee as follows: W I T N E S S E T H: SALES AGREEMENT. The City hereby agrees to sell, grant and to Orris, with General Warranty of Title and Modern English simple title to that certain parcel of land described Site 4 and the northern half of Site 3, as yet unsubdivided, within the Roanoke Centre for Industry and Technology, consisting of approxi- mately 20 acres, more particularly described on the map attached hereto labeled Exhibit A, and incorporated herein, together with all easements, rights-of-way and appurtenances thereto belong- ing (the "Property). 2. CONSIDERATION. This Agreement the sum of Twenty-Five Dollars ($25.00) is made in consideration of cash paid by Orvis to the the Property by the City as security, 4. CONDITIONS OF SALE. The sale shall be subject to the following: for the purchase price. and conveyance of the Property City, receipt whereof is hereby acknowledged, and in consideration of Orvis constructing a fulfillment facility on the Property. 3. PURCI-L~SE PRICE. The purchase price of the Property shall be One Hundred Thousand Dollars ($100,000.00), which shall be paid at closing on behalf of Orris by the Roanoke Valley Development Corpora- tion and the Roanoke Valley Development Foundation. The City shall have no recourse against Orris, and no encumbrance will be placed upon (a) Present and future laws, ordinances, regulations, restric- tions, or orders of any federal, state or r~nicipal government or of any public authority, including without limitation, zoning and any other restrictions imposed by governmental authority. (b) Facts that would be disclosed by an accurate survey. (c) The conveyance shall be subject to the Deed of Restriction setting forth certain restrictive covenants for the Roanoke Centre for Industry and Technology, recorded in Deed Book 1495, page 1797, et seq., of the records of the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. (d) Rights-of-way, easements, or conveyances of record or that an accurate survey or inspection would disclose for roads, construction of roads, public utilities, telephone and power lines, and drainage. 5. CLOSI}~. Closing shall take place at a time on or after October 1, 1986, mutually acceptable to the City and Orvis, not later than January 15, 1987. It is acknowledged by Orvis that closing will not take place until the City has completed certain improvements to the Property. Closing shall take place in the City Attorney's Office or some other mutually agreeable place. 6. REAL ESTATE BROKER. The parties agree that no broker or finder brought about this transaction. 7. RIGHT TO SURVEY AND ~KE TEST BORINGS. Orvi$ may at any time prior to closing enter upon the Property for the purpose of surveying the Property or making test borings or for the purpose of inspecting and investigation. Orris will reimburse the City for any damage caused the City as a result of such actions. - 2 - 8. RIGHT OF ENTRY FOR CONSTRUCTION PURPOSES. With the written consent of the City Manager of the City of Roanoke, Orris or its agents may enter upon the Property for the pur- pose of commencing construction of its fulfillment facility thereon, after the issuance of all required permits, including zoning and building permits. Orris shall comply with the terms and conditions of the restrictive covenants referenced in Paragraph 4 above durin~ the period of the right of entry with regard to the use or occupation of the Property. 9. INSURANCE. Prior to Orvis or its agents enterin~ upon or making any use of the Property or any part thereof pursuant to the provisions of Paragraph 8 above, Orvis shall cause to be written a policy or policies of insurance in the form generally known as public liability policies, insuring Orvis against any and all claims and demands made by any person or persons whomsoever for injuries incurred in connection with the construction, installation, operation or main- tenance of the premises, improvements and buildings located on the Property and for any other risk insured against by such policies, which policies shall have been written within limits of not less than $500,000 for damages incurred or claimed by any one person for bodily injury, or otherwise, plus $100,000 damages to property, and for not less than $1,000,000 for damages incurred or claimed by more than one person for bodily injury, or otherwise, plus $100,000 damages to pro- petty. Ail such policies shall name Orris and respective interests may appear, as the persons ties; and a certificate of insurance evidencing cies the City, as their insured by such poli- such policy or poli- shall be delivered by Orvis to the City promptly upon the writing of such policies, together with adequate evidence of the fact that the premiums have been paid. 10. INDEMI'IITY PROVISIONS. Orvis shall indemnify and save harmless the City and its officers and employees against any and all claims, actions, debts, demands, or obligations which may be made against the City arising out of, or in connection with, any alleged act or omission relating to the use of the Property by Orvis or any person claiming under, by, or through Orvis; during the period which Orvis or its agents enter upon or make any use of the Property or any part thereof pursuant to the provisions of Paragraph 8 above; and if it becomes necessary for the City to defend any action seeking to impose such liability, Orvis will pay the City all costs of court and attorneys' fees incurred by the City in effecting such defense in addition to any sums which the City may be called upon reason of the entry of a judgment in ~vhich such claim is asserted. 11. RISK OF LOSS. Ail risks against the City in to pay by the litigation of loss or damage by fire, wind- storm, casualty, or other cause to any improvements constructed by Orris on the Property prior to closing is assumed by Orvis. 12. RIGHT OF FIRST REFUSAL AND RIGHT TO PURCHASE. hereby grants to Orvis a right of first refusal in and described as follows: An approximately eight (8) acre parcel consisting of approximately the southern half of Site 3, as yet unsubdivided, within the Roanoke Centre for Industry and Technology, more particularly described on the map attached hereto labeled Exhibit A, and incorpo- rated herein, together with all easements, rights-of- way and appurtenances thereto belonging. Prior to The City to the property the consummation of a sale of the property described above to any other person, address set out proposed sale. notify the City identical terms Orris shall be notified in writing at the in Paragraph 15 as to the terms and conditions of the Within thirty (30) days of said notice, Orvis shall of its intention to purchase the property upon the and conditions of the proposed sale. Orris shall then the purchase within sixty (60) days the proposed sale. This right of consummate of receipt of the noti- fication of first refusal shall expire if not exercised within ten (10) years of the date of the closing on the Property described in Paragraph 1 above. At any time prior to the City receiving an offer to purchase the property described above from any other party, Orvis shall have the non- exclusive right to purchase the property City at the address set out in Paragraph determined by the City. This right shall upon written notice to the 15 for fair market value, as expire if not exercised by delivery of such written notice within ten (10) years of the date of the closing on the Property described in Paragraph 1 above. The sales and conveyances of any property pursuant to this Paragraph shall be subject to the provisions of Paragraph 4 above. 13. ASSIGNMENT. Orris shall have the right to assign this Agreement to a related company specifically formed to conduct its business in the Commonwealth of Virginia. Orvis shall not assign this Agreement to any party other than a related company without the prior written consent of the City. 14. AMENDMENTS. This Agreement may be changed only by an amend- ment in writing signed by both parties. 15. NOTICES. Any notice or demand under this A~reement shall be sent by registered or certified mail as W. Robert Herbert, City ~nager, Room 364, Roanoke, Virginia 24011; and to Orris at follows: to the City, c/o 215 Church Avenue, S. W., 16. CONSTRUCTION. mance of this Agreement wealth of Virginia. WITNESS the following ATTEST: The interpretation, construction· shall be governed by the laws of signatures and seals: CITY OF ROANOKE, VIRGINIA and perfor- the Common- Mary F. Parker, City Clerk By. W. Robert Herbert, City Manager ATTEST: ORVIS, INC. B~ By. STATE OF VIRGINIA § § To-wit: CITY OF ROANOKE § I, · a Notary Public in and for the State aforesaid, do hereby certify that W. City Manager and City Clerk respectively, Virginia, a municipal corporation, whose foregoing Agreement bearing date of behalf of the City of Roanoke, ROBErt HERBERT and ~kRY F. PARKER, of the City of Roanoke, names are signed to the , 1986, on has acknowledged the same before me in - 6 - my jurisdiction aforesaid. GIVE~ under my hand this day of , 1986. Commission expires: Notary Public STATE OF § § CITY/COLr~Y OF § To-wit: a Notary Public in and for the the signed to the foregoing has acknowledged the State aforesaid, do certify that of Orris whose name is Agreement bearing date of same before me in my jurisdiction aforesaid. GIVEN under my hand this __ day of , 1986. My Commission expires: Notary Public - 7 Office of the Ci~/C]ed~ September 12, 1986 File #24-79 ~4r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of ~rdinance No. 28333, amending and reor- daining §32-106, Penalties and interest on delinquencies Generally, and §32-1D8, Taxpayer's return - Generally, Code of the City of Roanoke (1979), as amended, to provide for penalties for failure to pay personal property ~ax by May 31 of each tax year and for failure to file the required return Dy February 15 of each tax year; to establish a mandatory filing date of February 15 for personal property tax returns; to authorize the Commissioner of Revenue to grant extensions of the filing date for such returns; and to provide for an effective date, which Ordinance was adopted by the Council of the City of Roanoke on first reading on iqonday, August 25, 1986, also adopted by t~e Council on second reading on ~qonday, September ~, 1986, and will take effect ten ~ays following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:se Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roonoke, V]rginia 24011 (703) 981-2541 Mr. W. Robert Herbert Page 2 September 12, 1986 cc: Mr Mr Mr Mr Mr Mr Jerome S. Howard, Jr., Commissioner of Revenue Gordon E. Peters, City Treasurer William L. Brogan, Municipal Auditor Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Donald S. Caldwell, Commonwealth's Attorney Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Jack B. Coulter, Chief Judge, Circuit Court The Honorable James W. Flippen, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Ernest W. Ballou, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable G. O. Clemens, Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Bobby D. Casey, Office of the Magistrate, P. O. Box 13867, Roanoke, Virginia 24037 Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF 'I~E CITY OF BOANOKE, The 8th day of September, 1986. No. 28333 VIRGINIA, AN ORDINANCE amending interest on delinquencies turn - Generally, Code of and reordaining §32-106, Penalties and - Generally, and §32-108, Taxpayer's re- the City of Roanoke (1979), as amended, to provide for penalties for failure to pay personal property tax by May 31 of each tax year and for failure to file the required return by February 15 of each tax year; to establish a mandatory filing date of February 15 for personal property tax returns; to authorize the Commissioner of Revenue to grant extensions of the filing date for such returns; and to provide for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as fol- 1. Section 32-106, Penalties and interest on delinquencies - Generally, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-106. Penalties and interest on delinquencies Generally. (a) Any person ~o shall fail to pay to the trea- surer, on or before May thirty-first of each year, the whole of the tangible personal property tax imposed by §32-104 for such year shall be assessed by the trea- surer and shall pay, along with such tax, a penalty of ten (10) percent of the amount of such unpaid tax. (b) Interest at the maximum yearly rates authorized by general law of the commonwealth, as provided for in §58.1-3916, Code of Virginia (1950), as amended, commenc- ing on January first of the year next following that for which such taxes are assessed, shall be assessed and col- lected on the principal of and penalties on all taxes assessed by the city on tangible personal property for each tax year remaining unpaid on the thirty-first day of Deeember of the year in which such taxes were assessed or due to have been assessed and until paid. 2. Section 32-108, Taxpayer's return - Generally, of the Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: §32-108. Taxpayer's return - Generally. (a) Every person owning any of the property taxable under §32-104 shall file a tangible personal property re- turn with the Corcmlissioner, on forms prescribed therefor, on or before the fifteenth day of February of each year. (b) Upon written application filed prior to the fif- teenth day of February of the tax year in which a tangible personal property tax return is due and upon good cause shown, the Commissioner of Revenue shall be authorized to grant an extension of time for the filing of such return not to ex- tend beyond the fifteenth day of April of the same tax year. The Commissioner shall keep a record of every such exten- sion. If any taxpayer who has been granted an extension of time for filing his return fails to file his return within the extended time, his case shall be treated the same as if no extension had been granted. (c) Any person who fails to file his tangible personal property tax return on or before the fifteenth day of Feb- ruary of each year or on or before the extended deadline for the filing of such return as established by the Co~nis- sioner pursuant to subsection (b) of this section shall pay a penalty of ten (10) percent of the tax assessable on such return. 3. This ordinance shall be in full force and effect on and after January 1, 1987. ATTEST: City Clerk. Office of the Oty July 31, 1986 File #60-24-79 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 28332, amending and reor- daining certain sections of the 1986-87 General Fund Appropriation Ordinance, to provide for the appropriation of $11,500.00 to the Commissioner of Revenue's departmental budget with regard to changes in the current personal property tax system, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1986. Sincerely, Judith M. St. Clair Deputy City Clerk JMS:se Eric o CC: Mr. Jerome S. Howard, Jr., Commissioner of Mr. Gordon E. Peters, City Treasurer Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Revenue Room 456 Muntcipol Building 215 O'~uraq Avenue, S.W. Roonoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of August, 1986. No. 28332. AN ORDINANCE to amend and reordain certain sections of the 1986-87 General Fund Appropriation Ordinance, 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 1986-87 General Fund Appro- priation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations General Government $6,622,157 Commissioner of Revenue (1 & 2) ................... 663,196 Non-Departmental 8,599,023 General Fund Contingency (3) ...................... 211,030 (1) Advertising (2) Management Services (3) Contingency (A001-022-1233-2015) $ 2,500 (A001-022-1233-7015) 9,000 (A001-002-9410-2199) (11,500) BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTEST: City Clerk DATE: TO: FROM: SUBJECT: August 25, 1986 Honorable Mayor and Members of City Council Joel M. Schlanger and W. Robert Herbert Mandatory Filing Date for Personal Property Taxes I. Background A. The present procedures of filing personal property taxes were established in 1978. Personal property owned by the citizens of Roanoke City for the current year is processed in the following manner as shown in Exhibit A on page 8. January 1 - Personal property taxes are assessed by the Commissioner of Revenue for the current year for property owned as of this date. March 1 Optional filing date for taxpayers to file and receive a bill for personal property taxes. The Code of the City of Roanoke, Section 32-108, states that there is no penalty assessed provided the taxpayer files and pays taxes before May 31. Honorable Mayor and Members of City Council Page 2 August 25, 1986 April 1 Personal property tax bills for tax- payers who have filed returns before March 1 are printed by the City Treasurer's Office. 4. April 15 - Personal property tax bills are mailed to those who filed and City decals go on sale. May 31 - Due date and filing deadline -- after this date there is a 10% penalty on the amount owed to the City by the taxpayer for not filing; and an additional 10% penalty for not paying taxes by the due date. C. Personal property procedures for City of Salem and Roanoke County are shown in Exhibit B on page 9. II. Current Situation A new computer software program is being developed and implemented to facilitate efficiency in processing personal property tax assessments and payments. This system is being developed in three phases. Phase I - To be operational by September, 1986. The Office of the Commissioner of Revenue has developed new filing forms. Instead of the previous blank filing forms that are sent to taxpayers, the Honorable Mayor and Members of City Council Page 3 August 25, 1986 new forms will include all previously filed informa- tion dealing with personal property identified by the taxpayer's social security number. If the per- sonal property information is correct for the cur- rent year, the taxpayer needs only to sign and re- turn the filing form verifying its correctness. Phase II - To be operational by December, 1986. This phase will obtain the current personal property values through automated assessments. The ID number of the specific type of personal property (automobile) will be used to facilitate a computer scan to assess the tax value of that property. Previously, tax values were manually found in the current Blue Book in the CoLLmLissioner of Revenue's Office. Phase III - To be operational by January, 1987. An accounts receivable system that will interface between the City Treasurer and the assessment pro- cess in the Co~missioner of Revenue's Office. The Treasurer will receive, enter and retain information through computer files. This should provide im- proved operational efficiencies. Honorable Mayor and Members of City Council Page 4 August 25, 1986 III. Critical Concerns Inconvenience to taxpayers who did not pre-file and have to wait in the long lines at the offices of the Commissioner of Revenue and the City Treasurer during the week ending May 31. Lack of current data for the Director of Finance to estimate personal property tax receipts for the upcoming fiscal year budget that is adopted by May 15. IV. Recommendations A. It is recommended that a change in the current personal property tax system be made for the following reasons: 1. To benefit all taxpayers those that file on the blank forms and those that do not file by March 1. 2. To improve the statistical information available for estimating personal property revenue. Honorable Mayor and Members of City Council Page 5 In the evaluation process it was determined that a mandatory filing date, effective January 1, 1987, would be the most viable solution to the critical concerns previously noted. The taxpayer will be required to file all personal property for the current calendar year by February 15. After this date, any taxpayer who has failed to file their personal property tax return will be assessed a penalty of 10% of the tax assessable on such return, for failure to file by the filing deadline. The taxpayer would then have until May 31 to file and pay their personal property taxes to avoid an additional penalty of 10% of the tax due for failure to pay their taxes by the payment deadline. (Exhibit C) It is recommended that the Commissioner of Revenue be given the authority to grant filing extensions for personal property taxes. Extensions granted by the Commissioner of Revenue shall not exceed 60 days after the mandatory filing date of February 15 with the following provisions: Written requests for extension shall be submitted to the Office of the Commissioner of Revenue by February 15 of each tax year, · Payment of Personal Property taxes still required by May 31, and Honorable Mayor and Members of City Council Page 6 · Decals may not be purchased without proof that personal property tax has been paid. In order to minimize the effect of changing the filing pro- cedures and to inform taxpayers of the mandatory filing date, it is recommended that the City of Roanoke ensure that the taxpayers of the City of Roanoke fully understand the new requirements through an active advertising program. (Exhibit D) · Additional cost for advertising filing date, and additional postage for fiscal year 1986-87 $11,500 · Annual recurring cost for additional postage (first class mailing of forms) 4,500 The attached budget ordinance provides for an appropriation of $11,500 to the Commissioner of Revenue's departmental budget for: · Additional monies for a seven day advertisement $ 500 in the Roanoke Times and World News to inform taxpayers of the new filing deadline · Public information such as brochures, posters, 2,000 and fliers to be distributed to public areas · Additional postage to send out a letter, mailed 4,500 first-class, to inform all taxpayers on record of the mandatory filing date · Additional postage to send filing forms by 4,500 first-class mail. This would provide for- warding of tax forms to the new address. Honorable Mayor and Members of City Council Page 7 The second ordinance amends Sections 32-106 and 32-108, Code of the City of Roanoke (1950), as amended, to provide for penalties of ten percent for failing to file a return by February 15 or by the extended date established by the Commissioner of Revenue and for failure to pay the tax due by May 31; to provide for a mandatory filing date of February 15; and to authorize the Commissioner to grant time ex- tensions not to extend beyond April 15. We recommend the adoption of both ordinances to you. JMS :WRH: dp Attachments {2)