HomeMy WebLinkAboutCouncil Actions 03-18-02
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35768-031802
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 18, 2002
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call.
(All present - Council Member White
left the meeting following agenda
item 5. a.)
The Invocation was delivered by The Reverend W. Ray Douglas, Pastor,
Price Memorial African Episcopal Zion Church.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Ralph K. Smith.
Welcome. Mayor Smith.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, March 21, 2002,
at 7:00 p.m., and Saturday, March 23,2002, at 4:00 p.m. Council meetings are
now being offered with closed captioning for the hearing impaired.
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ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE
THE CITY COUNCIL AGENDA AND RELATED
COMMUNICATIONS, REPORTS, ORDINANCES AND
RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR
REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED
IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA
MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C.
TA YLORMUNICIP AL BUILDING, 215 CHURCH AVENUE, S. W., OR
CALL 853-2541.
THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF
THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING
AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL,
GO TO THE CITY'S HOME PAGE AT WWW.ROANOKEGOV.COM.
CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON
MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE
ACROBAT SOFTWARE TO ACCESS THE AGENDA.
ALL PERSONS WISHING TO ADDRESS COUNCIL ARE
REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO
IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER.
ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE
ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE
MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE
ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY
COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR
COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S
OFFICE AT 853-2541 TO OBTAIN AN APPLICATION.
2. PRESENTATIONS AND ACKNOWLEDGMENTS:
NONE.
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3.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM
THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-l Minutes of the regular meeting of Council held on Monday,
February 4, 2002.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2 A communication from the City Manager requesting a Closed Meeting
to discuss disposition of publicly-owned property, where discussion in open
meeting would adversely affect the bargaining position or negotiating strategy
of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #2-104-132
C-3 A communication from the City Manager requesting a Closed Meeting
to discuss acquisition of real property for a public purpose, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the City, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File # 2-104-132
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C-4 A communication from the City Attorney requesting a Closed Meeting
to consult with legal counsel on a matter of probable litigation, pursuant to
Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
C-5 A communication from the City Attorney requesting a Closed Meeting
to consult with legal counsel on a matter of probable litigation, pursuant to
Section 2.2-3711 (A)(7), Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in the request.
File #83-132
C-6 A communication from the City Manager requesting that Council
schedule a public hearing for Monday, April 15, 2002, at 7:00 p.m., or as soon
thereafter as the matter may be heard, to consider amendments to the Enterprise
Zone Program.
RECOMMENDED ACTION: Concur in the request.
File #104-266
REGULAR AGENDA
Review of the following applications for appointment to the Roanoke City School
Board for terms commencing July 1, 2002, and ending June 30, 2005. (Two
vacancies. )
James P. Beatty
Robert H. Bird
Carl D. Cooper
Edward Gamer
William H. Lindsey
William E. Skeen
Robert J. Sparrow
Received and filed.
File #110-467
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4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a. A communication from Vice-Mayor William H. Carder recommending
that the north side of Elmwood Park be designated as Martin Luther
King Jr. Plaza, that the remainder of the park keep the name of
Elmwood, and that design and cost issues be referred to the City
Manager for review and recommendation to Council.
A resolution renaming a portion of Elmwood Park the Martin
Luther King, Jr. Plaza, in honor of the slain civil rights leader, was
defeated by a 4-3 vote of the Council.
File #67-80
Council Member White left the meeting.
b. A request of the Roanoke City School Board to present an update on the
International Baccalaureate (IB) Programme. Sandra B. Burks, Director
of Magnet Programs, Roanoke City Public Schools.
Received and filed.
File #467
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
1. Briefing on outdoor dining. (20 minutes)
Received and filed.
File #555
2. Briefing on residential parking. (10 minutes)
Received and filed.
File #556
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ITEMS RECOMMENDED FOR ACTION:
3. A communication recommending execution of a one-year Parking
Agreement with First Union National Bank for 175-200 parking
permits in the Tower Parking Garage, with up to two one-year
renewals, retroactively from December 16, 2001.
Adopted Resolution No. 35768-031802. (6-0)
File #303-369
4. A communication recommending appropriation of $235,000.00
for capital improvements at the Roanoke Civic Center.
Adopted Budget Ordinance No. 35769-031802. (6-0)
File #60-192-217
5. A communication recommending appropriation of $23,657.00 in
connection with the Williamson Road Parking Garage annual
CDBG payment for fiscal year 2002.
Adopted Budget Ordinance No. 35770-031802. (6-0)
File #60-313
6. A communication recommending appropriation of TEA-2l
Enhancement funds, in the amount of $488,000.00, to the
Western Virginia Foundation for the Arts and Sciences, in
connection with the Roanoke Passenger Station Renovation
Project.
Adopted Budget Ordinance No. 35771-031802. (6-0)
File #60-427-441-537
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7. A communication recommending acceptance of the bid submitted
by MBC Construction, Inc., in connection with major repairs to
Memorial Bridge, Structure No. 1826, in the amount of
$1,147,789.75; and transfer of funds.
Adopted Budget Ordinance No. 35772-031802 and Ordinance
No. 35773-031802. (6-0.)
File #60-102
8. A communication recommending acceptance of the bid submitted
by Breakell, Inc., for infrastructure improvements to the Greater
Gainsboro Redevelopment Area, Phase II, in the amount of
$496,183.93; execution of an amendment to the Street Lighting
Agreement with Appalachian Power Co., d/b/a American Electric
Power to provide street lights and associated electrical work in
the amount of $350,000.00; and appropriation or transfer of
funds.
The matter was deferred until the regular meeting of Council
on Monday, April 1, 2002.
File #46-60-433-434
9. A communication recommending changes to emergency medical
services user fees to maximize medicare reimbursements.
Adopted Resolution No. 35774-031802. (5-1, Council Member
Wyatt voted no.)
File #289-354
10. A communication with regard to consultant services for the
Bullitt-Jamison Pilot Project.
It was the consensus of Council that prior to execution of the
consultant services contract, the City Manager will meet with
Members of Council to discuss matters of interest and/or
concern.
Adopted Resolution No. 35775-031802. (6-0)
File #178-405-514
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11. A joint communication from the City Manager and Director of
Finance recommending execution of a lease purchase agreement
with Koch Financial Corporation for vehicular equipment, in the
amount of$I,157,500.00; and appropriation of funds.
Adopted Budget Ordinance No. 35776-031802 and Resolution
No. 35777-031802. (6-0)
File #60-373-472
b. DIRECTOR OF FINANCE:
1. A report recommending transfer of funds among City departments
to reallocate funds for Department of Technology charges for
fiscal year 2001-2002.
Adopted Budget Ordinance No. 35778-031802. (6-0)
File #1-60-175-301
7. REPORTS OF COMMITTEES:
a. A communication from the Roanoke City School Board requesting
appropriation of $189,291.00 for the Urgent School Renovation and
Technology Grant; and a report of the Director of Finance
recommending that Council concur in the request.
Adopted Budget Ordinance No. 35779-031802. (6-0)
File #60-467
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS: NONE.
10. MOTIONS AND MISCELLANEOUS BUSINESS:
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a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of
City Council.
Vice-Mayor Carder referred to a communication from the City
Manager in connection with the impact on the City's budget as a
result of State budget reductions for fiscal year 2003.
File #60
Council Member Wyatt expressed concern with regard to a
fungus-like material in the air vents in the kitchen area at Fire
Station #10,5202 Aviation Drive, N. W.
File #70
Council Member Hudson inquired if smaller shuttle buses could be
used to transport employees from the Roanoke Civic Center to the
downtown area.
File #55-192
At a future date, the Mayor requested that a Council work session
be held on the public transit system.
File #55
b. Vacancies on various authorities, boards, commissions and committees
appointed by Council.
11. CITY MANAGER COMMENTS:
The City Manager advised of a slight increase in the water level at the
Carvins Cove Reservoir as a result of rainfall over the weekend.
File #468
The City Manager presented copy of the following publications that are
available to Roanoke's citizens; i. e.: Every Drop Counts, A Citizens Guide
To Mandatory Water Conservation and The Roanoke Citizen Magazine.
File #104-468
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Council adopted Ordinance No. 35780-031802 providing for acquisition
of property located between 117-123 Salem Avenue, S. W., from Virginia
Vaughan.
File #2
12. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS ALSO A TIME FOR INFORMAL DIALOGUE
BETWEEN COUNCIL MEMBERS AND CITIZENS. MATTERS
REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR ANY NECESSARY AND
APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO
COUNCIL.
AT 5:40 P.M., THE MEETING WAS DECLARED IN RECESS TO BE
IMMEDIATELY RECONVENED IN CLOSED SESSION IN ROOM 159.
AT 6:55 P.M., THE MEETING WAS DECLARED IN RECESS TO BE
RECONVENED AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER.
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ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 18, 2002
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. (Council Member White was absent.)
The Invocation was delivered by Mayor Ralph K. Smith.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Smith.
Welcome. Mayor Smith.
NOTICE:
Tonight's meeting will be taped by RVTV Channel 3 to be replayed on
Thursday, March 21, 2002, at 7:00 p.m., and Saturday, March 23, 2002, at
4:00 p.m. Council meetings are now being offered with closed captioning for
the hearing impaired.
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A. PUBLIC HEARINGS:
1. Public hearing to consider the sale and conveyance of City-owned
property located on Nelms Lane, N. E., identified as Official Tax No.
7400500, to James E. and Betty W. Whittaker for $500.00. Darlene L.
Burcham, City Manager.
Adopted Ordinance No. 35781-031802. (6-0)
File #2-166
B. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS ALSO A TIME FOR INFORMAL DIALOGUE
BETWEEN COUNCIL MEMBERS AND CITIZENS. MATTERS
REQillRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATEL YFORRESPONSE,RECOMMENDATION
OR REPORT TO COUNCIL.
At 7:15 p.m., the meeting was declared in recess for continuation of the
Closed Sessions which were previously approved by Council.
CERTIFICATION OF CLOSED SESSION. (6-0)
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REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
February 4, 2002
12:15 p. m.
The Council of the City of Roanoke met in regular session on Monday,
February 4, 2002, at 12:15 p.m., the regular meeting hour, in the City Council
Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W.,
City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to
Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure,
Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt,
William H. Carder and Mayor Ralph K. Smith--------------------------------------------------------4.
ABSENT: Council Members C. Nelson Harris, William White, Sr., and
Wi II iam D. Bestpitch -----------------------------------------------------------------------------------------3.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and
Mary F. Parker, City Clerk.
COMMITTEES-CITY COUNCIL: A communication from Mayor Ralph K. Smith
requesting a Closed Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711
(A)(1), Code of Virginia (1950), as amended, was before the body.
Mr. Carder moved that Council concur in the request of the Mayor to convene
in a Closed Meeting to discuss personnel matters relating to vacancies on various
authorities, boards, commissions and committees appointed by the Council,
pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Carder and Mayor Smith -------------4.
NAYS: None------------------------------------------------------------------------------------------0.
(Council Members Harris, White and Bestpitch were absent.)
At 12:20 p.m., the Mayor declared the meeting in recess to be immediately
reconvened in the Emergency Operations Center Conference Room, Room 159.
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At 12:25 p.m., the Council meeting reconvened in the Emergency Operations
Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., with Mayor Smith presiding, and all Members of the Council in
attendance.
LEGISLATION-WATER RESOURCES-SEWERS AND STORM DRAINS: The City
Manager introduced a briefing on the National Pollution Discharge Elimination
System, Phase II (NPDES). She advised that at the last Council retreat, several
Council Members expressed an interest in the upcoming storm water management
application and permitting process, which are mandated by the Federal
Government. She called attention to the City's efforts to address the issues on a
regional basis and introduced Cary Lester, Environmental Administrator, and
John G. Reed, Civil Engineer II, to present a progress report.
Mr. Lester advised that the Engineering Department has been working on the
project for approximately 18 months in conjunction with an outside engineering firm
which was hired by the City to direct the project; and origin of the project dates back
to the Clean Water Act which is a part of several major pieces of environmental
initiatives that surfaced in the 1970's, along with the National Environmental Policy
Act, the intent of which is to restore streams and rivers. He stated that the first
initial focus of the Clean Water Act was to eliminate toxic pollutants from municipal
and industrial facilities; and in 1987, the Act was amended to include surface water
run off from farms and urban environments which was contributing to the
degradation of the rivers. He advised that the legislation was controversial; basics
of the plan involve the public through education, participation by the public in the
effort, and assessment of the problem through an evaluation of the storm water
sewer system and to improve developmental standards so that past mistakes will
not be repeated. He stated further that the City of Roanoke, along with neighboring
jurisdictions, is subject to NPDES, Phase II, and will submit an individual application
by March 15, 2003; in submitting the application, there is a two-fold consideration:
to address quality and quantity, however, only the quality standard will be a part of
the permit application. He advised that to address the City's needs, $300,000.00
annually will be needed for a permit period of five years, although the process will
be ongoing.
John G. Reed, Civil Engineer II, advised that it is estimated that it will cost the
City approximately $300,000.00 annually to remain in compliance with the mandate.
He explained that a component of the storm water management system, which is
not mandated by the Federal Government, but is the focus of most citizen
complaints in regard to storm water, is the drainage collection system; and the
Environmental Protection Administration has identified and listed the City of
Roanoke as the owner/operator of a municipal storm sewer system. He further
explained that there are basically two components to waste water: collection and
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treatment, and there is a close relationship with the collection system. He noted that
the City recently completed a waste water interceptor project on Tinker Creek and
the Roanoke River in an effort to minimize the amount of river water that goes to the
waste water treatment plant. He explained that with the new law, the City has been
tasked with the responsibility of removing non-run off flows from the collection
system, thus, there is a close relationship between the quality and quantity
components. He stated that the current Capital Improvement Program drainage
program in the City of Roanoke is primarily citizen complaint driven, large projects
have historically followed large flooding events such as the Williamson Road storm
drainage project in the 1980's, Peters Creek, and Garden City; to support these
projects, the City has relied on bond funding without General Fund appropriations,
and in the last 20 years, funding has averaged approximately $1.5 million per year
for storm drainage projects. He explained that there are approximately 120 projects
on the City's current CIP drainage project list that are identified but not funded
projects, in the approximate amount of $43 million, and the list continues to grow
each time the City receives a citizen complaint that cannot be corrected by City
drainage maintenance crews. He stated that many of the drainage projects have a
long history of over 20 years and most of the projects are within the City's contained
watersheds. He referred to areas in northwest Villa Heights and an open channel in
the Garden City neighborhood which are typical examples of projects on the CIP
list. He stated that the drainage situation is similar to the City's sidewalk, curb, and
gutter project list which currently has a back log of approximately $21 million in
capital needs; a dedicated program for funding sidewalk, curb, and gutter
improvements was addressed by Council last year; and the current CIP drainage
program, totalling $43 million in unfunded capital needs, does not include
maintenance of the existing system or future systems to be constructed.
Mr. Reed advised that all cities and counties in Virginia with a population of
over 100,000 were required to address the NPDES issue in the early to mid 1990's,
the localities had similar capital needs and most of the jurisdictions developed a
storm water utility to address NPDES requirements and to provide additional
services in connection with capital and maintenance needs. He presented a spread
sheet showing current Phase I communities in the Commonwealth of Virginia and
the State of Greensboro, illustrating typical fees that other communities have
imposed in order to fund their storm water management program in terms of quality
and quantity. He stated that some communities instituted a storm water utility user
fee for the purpose of offsetting existing costs and addressing certain necessary
capital improvements.
The following is a summary of discussion by Council Members and staff:
The NPDES is an unfunded mandate by the Federal Government
through the Environmental Protection Agency (EPA); the State of
Virginia through, its Department of Environmental Quality, will manage
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and administer the program; the EPA established rules on a national
basis which impact localities initially based upon population, and the
City of Roanoke will submit its permit application to the State which
will sign off on the application as the agent of EPA.
Mandates are not unlike the Clean Water Act, which required localities
to make certain improvements to their water treatment system; and
NPDES is another aspect of the Clean Water Act which is intended to
look at water run off to rivers and streams.
There has been considerable discussion over the years regarding
drainage problems throughout the City, but not enough has been done
to address existing problems.
Is it possible that problems with bacteria in the untreated water at the
Crystal Spring Pump Station is the result of water contamination from
the Mill Mount~in Zoo?
No problems existed at the Crystal Spring Plant until April 1999 when
the Health Department identified the presence of bacteria which was
not found in the treated water. Based upon a request from the Health
Department, the City closed the Crystal Spring Plant until an additional
filtration system could be installed to provide additional protection.
The origination of water from the Crystal Spring Plant is not known,
although the water source appears to be drought-proof.
If a well is identified, what would be involved with regard to developing
another type of treatment plant, or transporting water to the Carvins
Cove Reservoir for treatment. City staff advised that developing
another type of treatment plant or transporting water to Carvins Cove
Resevoir would involve a major expenditure of several million dollars.
A geologist has pointed out that the reason wells were not pursued by
the City in 1999 is because many of the potable water sites are located
on private property and the City would have to obtain property rights.
When localities go through the NPDES permit process they have
identified both quality and quantity issues; however, most localities
have not significantly addressed the quantity issues largely because
they do not on a consistent basis budget for these types of
improvements; and the storm water management fee, or the utility fee,
represents an opportunity to create a consistent revenue stream which
may be acceptable to the community.
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City staff has been requested to provide Council with a comprehensive
list of outstanding capital improvements at the March 8 Financial
Planning Session. A significant amount of the City's infrastructure has
not been addressed in a consistent manner, whether it be maintenance
of buildings, maintenance and repair of water and sewer lines, and
storm drains, etc.
Citizens are not concerned about the quality issue unless it impacts the
rivers, but citizens will look to the City to address the quantity issue
and the issues will have to be aggressively addressed in the future
because the majority of development in the City is taking place in areas
where flooding problems will continue to exist.
The $300,000.00 annual cost can be achieved with belt tightening and
other prioritizing of City projects, but the bigger question is the issue
of the number of unfunded and pending projects, therefore, the City
needs to look long term at how to address $43 million worth of projects.
One choice is through the utility user fee and another choice would be
for Council to prioritize through its capital improvement process and
designate X number of dollars annually for this purpose.
If a utility user fee is established, it should be imposed on a regional
basis.
As a means of conserving water, the City should offer incentives to
businesses, such as car washing establishments, that use a large
volume of water.
It would be helpful when making various types of comparisons/bench
marks that the same list of cities be used in all instances, if possible.
At 1 :20 p. m., the Mayor declared the meeting in recess for the purpose of
holding one Closed Session which was previously approved by Council.
At 1 :30 p. m., the City Council meeting reconvened in the Council Chamber,
with Mayor Smith presiding, and all Members of the Council in attendance.
COUNCIL: With respect to the Closed Meeting just concluded, Mr. White
moved that each Member of City Council certify to the best of his or her knowledge
that: (1) only public business matters lawfully exempted from open meeting
requirements under the Virginia Freedom of Information Act; and (2) only such
public business matters as were identified in any motion by which any Closed
Meeting was convened were heard, discussed or considered by City Council. The
motion was seconded by Mr. Harris and adopted by the following vote:
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AYES: Council Members Hudson, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------6.
NA"S: N()I1Et-----------------------------------------------------------------------------------------0.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
OATHS OF OFFICE-COMMITTEES-BLUE RIDGE BEHAVIORAL HEAL THCARE-
COMMUNITY SERVICES: The Mayor advised that the term of office of
Dr. Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare Board
of Directors expired on December 31, 2001, and called for nominations to fill the
vacancy.
Mr. White placed in nomination the name of Dolores Y. Johns.
There being no further nominations, Dr. Johns was reappointed as a member
of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending
December 31, 2004, by the following vote:
FOR DR. JOHNS: Council Members Hudson, Harris, White, Carder, Bestpitch
an d Mayor 8m ith --------------------------.--------------....-...-------------------.----...----------------6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
AIRPORT-OATHS OF OFFICE-COMMITTEES: The Mayor advised that the term
of office of Claude N. Smith as a member of the Roanoke Regional Airport
Commission will expire on March 9, 2002, and called for nominations to fill the
vacancy.
Mr. Hudson placed in nomination the name of Claude N. Smith.
There being no further nominations, Mr. Smith was reappointed as a member
of the Roanoke Regional Airport Commission, for a term ending March 9, 2006, by
the following vote:
FOR MR. SMITH: Council Members Hudson, Harris, White, Carder, Bestpitch
and Mayor Sm ith -------------------------------------------------------------------------------------------6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
OATHS OF OFFICE-COMMITTEES-YOUTH: The Mayor advised that there is a
vacancy on the Youth Services Citizen Board (Patrick Shumate vacancy), and called
for nominations to fill the vacancy.
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Mr. White placed in nomination the name of Krista Blakeney.
There being no further nominations, Ms. Blakeneywas appointed as a member
ofthe Youth Services Citizen Board, for a term ending May 31,2004, by the following
vote:
FOR MS. BLAKENEY: Council Members Hudson, Ha.rris, White, Carder,
Bestpitch and Mayor Sm ith --------------------------------------------------------------------------------6.
(Council Member Wyatt was out of the Council Chamber when the vote was
recorded.)
At 1 :35 p.m., the Mayor declared the meeting in recess to be reconvened at
2:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal
Building.
At 2:00 p.m., on Monday, February 4,2002, the regular meeting of City Council
reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor
Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following
Council Members in attendance, Mayor Smith presiding.
PRESENT: Council Members W. Alvin Hudson, Jr., Linda F. Wyatt,
C. Nelson Harris, William White, Sr., William H. Carder, William D. Bestpitch and
Mayor Ral ph K. Sm ith --------------------------------------------------------------------------------~----7 .
ABSE:Nlr: N()I1E!-------------------------------------------------------------------------------------0.
OFFICERS PRESENT: Darlene L. Burcham, City Manager;
William M. Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and
Mary F. Parker, City Clerk.
The reconvened meeting was opened with a prayer by The Reverend
CatherinE! A. Houchins, Pastor, Metropolitan Community Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
PRESENTAlrlONS AND ACKNOWLEDGMENTS:
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ACTS OF ACKNOWLEDGMENT: Mr. White offered the following resolution
recognizing and commending Hamlar & Curtis Funeral Home for 50 years of
outstanding service to the Roanoke Valley.
(#35738-020402) A RESOLUTION paying tribute to Hamlar-Curtis Funeral Home
on its 50-year anniversary of service to the citizens of Roanoke.
(For full text of Resolution, see Resolution Book No. 65 page 411.)
Mr. White moved the adoption of Resolution No. 35738-020402. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
an d Mayo r Smith --------------------------------------------------------------------------------------------7.
NA"S: N()nE!-----------------------------------------------------------------------------------------0.
The Mayor and Council Member White presented a ceremonial copy of the
abovereferenced resolution to Mr. H. Clark "Duke" Curtis.
CONSENT AGENDA
The Mayor advised that all matters listed under the Consent Agenda were
considered to be routine by the Members of Council and would be enacted by one
motion in the form, or forms, listed on the Consent Agenda, and if discussion was
desired, that item would be removed from the Consent Agenda and considered
separately.
MINUTES: Minutes of the regular meetings of Council held on Monday,
October 29,2001 (Fifth MondayWork Session), and Monday, December 3,2001, were
before the body.
(For full text, see Minutes on file in the City Clerk's Office.)
Mr. Bestpitch moved that the reading of the Minutes be dispensed with and
that the Minutes be approved as recorded. The motion was seconded by Mr. Hudson
and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
an d Mayor Smith ---------------------..--------.------------------------------------------...---------------7.
NA"S: N()nE!-----------------------------------------------------------------------------------------0.
8
FIFTH PLANNING DISTRICT COMMISSION-DIRECTOR OF FINANCE-OATHS
OF OFFICE-COMMITTEES-INDUSTRIES:
The following reports of qualification were before Council:
William H. Carder as a member of the Roanoke Valley - Allegheny
Regional Commission to fill the unexpired term of Donald S. Caldwell,
resigned, ending June 30, 2003;
Jesse A. Hall as Director of Finance for a term beginning at midnight on
January 31, 2002, and ending September 30, 2002; and
Charles E. Hunter, III, as a Director of the Industrial Development
Authority of the City of Roanoke, Virginia, to fill the unexpired term of
Thomas Pettigrew, resigned, ending October 20,2004.
(See Oaths or Affirmations of Office on file in the City Clerk's Office.)
Mr. Bestpitch moved that the reports of qualification be received and filed.
The motion was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
NA"S: N()I1Et-----------------------------------------------------------------------------------------(}.
REGULAR AGENDA
PUBLIC HEARINGS: None.
PETITIONS AND COMMUNICATIONS:
SCHOOLS: Dr. E. Wayne Harris, Superintendent. Roanoke City Public Schools,
presented a briefing on the English Language Learners Program. He advised that
the expression is often heard that we live in a global society and that statement is
often accompanied with an explanation that changes in technology allow us to see
around the world. He stated that there is an ever increasing number of students
coming into the Roanoke City School system from other countries around the world
and the English Language Learners Program helps those students and their parents
learn to speak English. He explained that within Roanoke City schools, there are
students who speak 27 different languages, with Spanish representing the largest,
9
Vietnamese second, Croatin third, Haitian fourth and Arabic fifth, and Roanoke's
school system provides translations of all documents in the top three languages.
He added that it is important to understand that if the school system is to
adequately serve each student, it must ensure that parents, guardians and sponsors
who do not speak English have the information they need translated. He advised
that the Roanoke area is fortunate to have a refugee service located on 9th Street in
southeast Roanoke that lends a great deal of support to the English Language
Learners Program by providing the names of individuals who can act as translators;
and the City of Roanoke has developed an excellent English Language Learners
Program which is based on sound and effective implementation of educational
theory and provides the necessary resources for success.
Dr. Harris stated that 375 students currently participate in the program, which
is supervised by a staff of nine teachers working .at various grade levels, and the
amount of time that a teacher spends with each student depends on the English
limitations of each child; and teachers must insure regular evaluation and
modification of the Program to provide equitable accommodations for students
through a trained and knowledgeable staff. Because of the increased number of
students participating in the program, Dr. Harris advised that two additional teachers
will be added to the staff to ensure the success of these 375 students, who must
meet the same high standards as other students in regard to the Standards of
Learning in the basic skills of reading, comprehension, math, science, history, social
studies and technology. He also called attention to the number of kindergarten and
first grade students, participating in the program, the number at the middle school
level is small when compared to elementary schools, 9th and 10th grades have a
significant number of students and it is anticipated that the number will continue to
grow with the changing world situation.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ECONOMIC DEVELOPMENT: Phillip F. Sparks, Executive Director, Roanoke
Valley Economic Development Partnership, explained that the Partnership is the
only organization in the Roanoke Valley that receives its funding based on a per
capita funding formula ($1.75 per capita), by seven Roanoke Valley governments, at
a total budget of approximately $800,000.00, with the balance beyond government
support being derived from the private sector. He stated that the role of the
Economic Development Partnership is to attract businesses to the area, as well as
to work with existing businesses that are seeking to expand or relocate within the
area. He advised that for the year 2001, the Partnership received 400 inquires
compared with 200 in the year 2000; 22 new prospect files were opened, compared
with 25 in the year 2000; a total of 44 new or returning visits by prospective
businesses; 25 properties were recommended in the City of Roanoke; 11 companies
are currently looking at the Roanoke Valley as a potential site, with a total
10
investment exceeding $330 million and the potential of 3,000 jobs. He advised that
the City of Roanoke has been recognized for the second year in a row in Expansion
Magazine as one ofthe top 50 places in the entire United States in which to relocate
or expand a business out of more than 300 metropolitan statistical areas in the
country, based on the friendliness of government toward business, incentive
packages, education, quality of life and other issues. He spoke in support of a
recent venture with the New River Valley Economic Development Alliance which
represents a major step in marketing the greater region.
Without objection by Council, the Mayor advised that the briefing would be
received and filed.
ELECTIONS-ARMORY/STADIUM-REGISTRAR: A communication from the
General Registrar advising that the Roanoke City Electoral Board obtained previous
approval for a temporary change of polling place for the Jefferson #2 Precinct from
the National Guard Armory to the Roanoke City Schools Maintenance Building, for
the November 6,2001 General Election; and due to continued Priority Alert status
of the National Guard Armory, the Electoral Board is unable to use Jefferso.n #2
Precinctforthe upcoming Democratic Primary election on March 5,2002, was before
Council.
The Registrar recommended an extension indefinitely or until a permanent change
can be made for the polling place for the Jefferson #2 Precinct from the National
Guard Armory to the Roanoke City Schools Maintenance Building.
Mr. Hudson offered the following emergency ordinance:
(#35739-020402) AN ORDINANCE temporarily changing the polling place for
Jefferson Precinct No. 2 from the National Guard Armory Building on Reserve
Avenue, S. W., to the Roanoke City Schools Maintenance Building, at 250 Reserve
Avenue, S. W.; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 412.)
Mr. Hudson moved the adoption of Ordinance No. 35739-020402. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor 8m ith -----------.---------.-.----------.-------------.-------------------------------------------7.
NAYS: N()l1e-----------------------------------------------------------------------------------------0.
11
REPORTS OF OFFICERS:
CITY MANAGER:
BRIEFINGS: NONE.
ITEMS RECOMMENDED FOR ACTION:
BUDGET-WATER RESOURCES: The City Manager introduced Mr. Chip Davis
who presented the "Water Tip of the Week". He suggested that water not be allowed
to run continuously while shaving.
The City Manager submitted a communication advising that Carvins Cove
Reservoir began supplying water to the City of Roanoke on March 21, 1947; the
Reservoir is recharged or filled by rainfall and runoff from the watersheds; typically,
the Reservoir fills up in the spring and gradually drops during the summer and fall
seasons; previous all time lows for the Reservoir were 24.2 feet on
December 15, 1981 and 29.2 feet on September 4, 1999, and the Reservoir was last
full on April 18, 2000; and a Water Conservation Plan was implemented on
June 7, 1999, for the first time in the history of Roanoke City to control and restrict
the use of water, with the majority of restrictions having been removed in
December, 1999.
It was further advised that rainfall for the calendar year 2001 was 33 per cent
below normal; Reservoir water level has steadily dropped to the current level below
20.0 feet from a level of 1.0 foot low on June 1,2001; significant rainfall is required
and necessary between January and June to preclude a critical situation from
developing in the summer and fall of 2002; staff is of the opinion that a water supply
emergency exists and there is a need to implement usage restrictions; and an
average rainfall is predicted for the year 2002, but a significant amount of rain will
be needed to sufficiently increase the supply of water in the Carvins Cove Reservoir.
It was explained that staff has developed a Water Conservation Plan dated
February 4,2002, which is designed to extend the useful life of the water supply until
sufficient rainfall occurs to refill the Reservoir; restrictions do not place an undue
hardship on the business community or the public health, however, restrictions
become more aggressive as the water level declines; and the following is a summary
of actions that occur at various stages of the Plan:
Stage 1
-Normal operations above 18 feet with no restrictions.
12
Stage 2 (18 Feet)-Voluntary restrictions imposed whenever the level of
water in the Reservoir is between 18 feet and 22 feet below the
spillway.
Stage 3 (22 Feet)-Partial mandatory restrictions imposed whenever the
level of water in the Reservoir is between 22 and 26 feet below the
spillway. (Restrict outdoor usage between 10 a.m. and 7 p.m.
Suspension of certain irrigation/sewer exemption program credits.)
Stage 4 (26 Feet)-Mandatory restrictions imposed whenever the
level of water in the Reservoir is between 26 feet and 30
feet below the spillway. (Suspension of all outdoor water
uses with certain exceptions; begin water purchases; and
imposition of civil penalties. Surcharge applied to the base
water rate for Domestic/Commercial/and Industrial users.)
Stage 5 (30 Feet) - Forced reduction imposed whenever the level of
water in the Reservoir is 30 feet or more below the
spillway. (Prohibition on use of water for all
non-essential purposes [defined as not related to
health, safety, fire suppression, other public
emergencies, or water necessary to sustain
business operations] and continuation of
surcharge).
The City Manager recommended the following for consideration by Council:
City Council find, for the reasons set forth above, that a water supply
emergency exists and there is a need to restrict the use of water in the
City. Furthermore, City Council approve the Water Conservation Plan
dated February 4, 2002
Authorize the City Manager, in accordance with the City of Roanoke
Charter of 1952, Sections 2-(31) and (32), and Virginia Code Section
15.2-924, to impose suitable penalties for the violations of the Water
Conservation Plan of $100.00 for residential users and $500.00 for
institutional/commercial/industrial users. Each day of a violation shall
be considered a separate violation. Penalties assessed will be
immediately payable. Council further authorize the City Manager to
provide that failure to pay the penalty assessed and/or multiple
violations of the Water Conservation Plan may subject the water user
to immediate cut off of water service and service will not be resumed
until all bills, penalties, plus the then current turn on fee are paid.
13
Authorize the City Manager to take such further action and to provide
for such rules or regulations as may be necessary to administer and/or
implement the Water Conservation Plan.
Authorize the City Managerto employ, temporarily, additional personnel
as may be necessary for patrolling and issuing of citations to water
users in violation of restrictions and allocated conditions set forth in
the Plan. Additionally, authorize the City Manager to authorize the use
of the following employees for patrolling and issuing of citations:
Watershed Security Officers (2); Boat Inspectors (2); Pump and Storage
Operators (2); Utility Workers (2); other Water Department employees
as required.
City Council suspend the irrigation/sewer exemption program provided
for in Section 26-27 of the Code of the City of Roanoke (1979), as
amended, insofar as it applies to City water used for irrigation purposes
or the filling or refilling of swimming pools once Stage 3 of the Plan is
reached. Authorize the Director of Finance to suspend or revoke any
permits, credits, or exemptions issued pursuant to Section 26-27 of the
City Code, with the intent being that sewer charges will now be
imposed on City water used for such purposes should the Reservoir
level reach Stage 3 (22 feet). The purpose of such action is to
encourage reduction in water usage. Also, provide that the Director of
Finance, or his designee, shall attempt to provide notice of such action
to any persons or entities receiving such an exemption, credit, or
permit pursuant to Section 26-27 of the City Code, either by publishing
notice in a newspaper of general circulation or by mailing notice to
such persons or entities.
Impose a water surcharge as noted in the Plan should the Reservoir
level reach Stage 4 (26 feet). This surcharge will be $0.12 per HCF and
applied to the base rate for Domestic/Commercial/and Industrial users,
which will have the effect of a charge of $1.33 per HCF from the first
gallon used until all mandatory restrictions are lifted.
Amend the Water Fund FY 2001/2002 budget and appropriate
$1,000,000.00 from the Water Fund Prior Year Retained Earnings into
Account No. 002-510-2170-2055, Purchased Water, to provide for
emergency water purchases; $30,000.00 into Account
No. 002-510-2170-1003, Overtime Wages, to provide for additional
personnel as may be necessary for patrolling and issuing of citations
to water users in violation of restrictions and conditions set forth in the
14
Plan and $30,000.00 into Account No. 002-510-2160-2015, Advertising,
to provide for public relations materials, etc.
Authorize the City Manager to lift mandatory water restrictions once the
level of the Reservoir reaches ten feet below the spillway. Provided,
however, once a particular Stage provided for in the Plan is reached
and the provisions and restrictions of that Stage take effect, the City
Manager may maintain the restrictions and provisions of that Stage
until the water level at Carvins Cove Reservoir has improved and
stabilized to a sufficient level above that particular Stage, as may be
determined by the City Manager in her discretion, before that particular
Stage will be determined to be no longer applicable and the restrictions
and provisions of that Stage are lifted.
Mr. Hudson moved that Council concur in the recommendations of the City
Manager. The motion was seconded by Ms. Wyatt and unanimously adopted.
Mr. Carder offered the following emergency budget ordinance:
(#35740-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Water Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 413.)
Mr. Carder moved the adoption of Ordinance No. 35740-020402. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith -.-.-.-.-.-----------------------------------------------------------------------....-------7.
NA"S: N()I1Et-----------------------------------------------------------------------------------------0.
Ms. Wyatt requested that the City Manager provide a brief history of the events
that led to the closing of the Crystal Spring Pump Station; whereupon, the City
Manager advised that the City was requested in May 2001 to cease operation of the
Crystal Spring facility because recent testing of the water by the Health Department
detected on several occasions the presence of bacteria in the untreated water;
therefore, the Health Department requested the City to take the plant out of operation
and to install a new filtration system which is in progress, with the plant to be
operational by December 2002. She advised that the City continues to have dialogue
with the Health Department to determine if it is possible, through additional
treatment and monitoring means, to bring the Crystal Spring water source back on
line sooner than December because of the current water situation. She explained
that when Carvins Cove Reservoir reaches 26 feet below the spillway, the City will
begin purchasing water from Roanoke County, the water situation is monitored on
a daily basis, and it is not believed to be necessary to purchase water at this time.
15
The Mayor inquired as to the feasibility of purchasing water from Roanoke
County now when water rates would be at a lower cost and the status of the Spring
Hollow water supply.
There were questions as to whether other jurisdictions in the Roanoke Valley
have surplus water to sell to the City of Roanoke; whereupon, Michael McEvoy,
Director of Utilities, advised that the City of Salem has indicated that it is willing to
sell the City water until approximately June 1,2002, and at that time, if extra capacity
is available, they will continue to sell water to the City; Roanoke County is willing to
sell water to the City, but officials have cautioned that a long term sale of more than
five to six months would be conditional on the Roanoke River recharging itself.
Mr. Carder offered the following emergency ordinance:
(#35741-020402) AN ORDINANCE declaring that a water supply emergency
exists and there is a need for water conservation measures to be taken within the
City of Roanoke; approving the Water Conservation Plan dated February 4, 2002;
authorizing the City Manager to impose suitable penalties for violations of the Water
Conservation Plan; authorizing the City Manager to employ, temporarily, personnel
as water conservation officers, and to authorize those officers as well as certain
other City employees to patrol and issue citations for violations of the Water
Conservation Plan; authorizing the City Manager to take such further action and to
provide for such rules and regulations as may be necessary to implement,
administer and enforce the Water Conservation Plan; temporarily suspending the
sewer charge reductions authorized by Section 26-27 of the Code of the City of
Roanoke (1979), as amended, in certain circumstances and authorizing the Director
of Finance to revoke any permits, exemptions, or credits issued pursuant to Section
26-27 of the City Code; imposing a water surcharge as set forth in the Water
Conservation Plan; authorizing the City Manager to maintain the restrictions and
provisions of a particular stage under the Plan until the water level at Carvins Cove
Reservoir has improved and stabilized to a sufficient level above that particular
stage, before lifting the restrictions and provisions of that stage; authorizing the City
Manager to lift mandatory water restrictions once the level of the Carvins Cove
Reservoir reaches ten feet below the spillway; and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 414.)
Mr. Carder moved the adoption of Ordinance No. 35741-020402. The motion
was seconded by Mr. Harris.
There was discussion in regard to Section 10 of the above referenced ordinance:
16
"10. Should the water level at the Carvins Cove Reservoir rise
above the level of ten feet below the spillway the water supply
restrictions may be, but are not required to be, lifted by the City
Manager and the City Manager is authorized to take such actions as
may be necessary to terminate the Water Conservation Plan in an
orderly manner if all such restrictions are lifted."
Further discussion ensued with regard to what is meant by terminating the
Water Conservation Plan and whether the February 4, 2002 plan will be in effect at
some future date if another drought occurs; whereupon, the City Manager advised
that the February 4, 2002 plan addresses the Water Conservation Plan as invoked
under the current drought, and the Plan would remain as an official document of the
City to be invoked in the future if the City were to experience a similar drought
situation.
The City Attorney advised that Council would be required to make
particularized findings each time the Water Conservation Plan is invoked.
In regard to lifting restrictions, there was discussion as to what will happen
as Carvins Cove Resevoir begins to fill up; the Water Conservation Plan is clear
about the triggers that need to be in place as the water level drops, for example, not
to move from Stage 2 to Stage 3 until the reservoir reaches 22 feet below the
spillway; however, on the way back up, those same kinds of triggers are not in place,
and the ordinance should state that the restrictions at one stage will stay in effect
until the water level reaches the beginning point of the previous stage.
It was suggested that Council act on the measure as presented by the City
Manager and that concerns/comments expressed by Council Members be referred
to the City Manager to address as a separate issue.
Following further discussion, it was the consensus of Council to act on the
measure as presented, keeping in mind that the concerns and comments expressed
by Council Members would be referred to the City Manager to address as a separate
issue.
Ordinance No. 35741-020402 was adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
NA"S: N()I1Et-----------------------------------------------------------------------------------------0.
17
AFFIRMATIVE ACTION-CITY EMPLOYEES: The City Manager submitted a
communication advising that the City of Roanoke continues to make strides toward
becoming an employer that reflects the diverse customer base it serves; during the
past year, the City focused on two initiatives;i.e.: increasing the diversity of its
workforce and developing the knowledge and skill base related to understanding
and managing diversity; achievement of these objectives over the long term will help
achieve business and strategic goals established by City Council; and
accomplishments related to increasing workforce diversity focused on implementing
a broad based, yet focused recruitment and selection program.
It was further advised that two years ago, there were four
departments/divisions under the direction of the City Manager that did not employ
any persons of color; currently, three of the four operations employ minorities; the
City has also hired or promoted persons of color into a number of key professional
and management positions, including Assistant City Manager, Neighborhood
Partnership Coordinator, Human Resources Administrator, Planning/Support
Services Supervisor, Budget and Management Analyst, Training Specialist,
Economic Development Specialist, Compensation and Benefits Analyst and Human
Resources Recruiter; appointment to these key positions is a clear indication of the
City's commitment to diversity, yet there is more work to be done; and ultimately,
successful implementation of Roanoke's diversity program will be based on
increasing "diversity capacity", which involves much more than hiring more women
and people of color, but it is about treating employees and citizens with respect and
understanding and embracing differences, talents and perspectives that are unique.
It was explained that employment data for 2001 shows that 57 of the 247 new
hires (23.4 per cent) and 21 of the 82 promoted (25.6 per cent) were people of color;
while this data is not substantially different from last year, 23 per cent and 33 per
cent respectively, it is important to note that of the 56 minority new hires during
2001, 14 were in the officials and professionals categories, while last year, only
seven were in these categories; minority promotions in these same categories went
from four to seven during this time frame; and of particular note is the impact of
public safety new hires and promotions, and inasmuch as sworn Police, Sheriff and
Fire/EMS employees represent almost 28 per cent ofthe City's workforce and based
on the ongoing difficulty the City has in recruiting and hiring people of color and
women in these positions, the City's task of increasing overall workforce diversity
will remain difficult.
It was noted that in May 2001, the Department of Human Resources, in
partnership with the Roanoke Branch of the NAACP, held a Job Fair at the Roanoke
Civic Center Auditorium, with more than 75 registrants and ultimately five persons
were hired into full-time positions and three were hired in temporary slots; which
effort has paid dividends toward increasing workforce diversity; and the NAACP and
18
City staff are working to understand important workplace issues of concern to both
organizations in an effort to develop more trust that will ultimately lead to improved
community relations.
It was explained that the Department of Human Resources also operated a
booth at the Henry Street Festival alongside the NAACP; by aligning the City
organization with others that are interested in workplace diversity, such as the
NAACP, the City intends to show the community that it is committed to this
important issue; working with the new Human Resources Recruiter, the NAACP and
others, more minority applicants were sought out who may not have previously
considered employment with the City of Roanoke; from June through December, the
City's recruiter met with over 100 people and six were hired; another major effort
undertaken during 2001 is implementation of the Employee Development Program,
and by utilizing these resource tools, employees are able to manage their
professional development and prepare for future job opportunities; and currently,
56 employees participate in the program, 63 per cent of which are female and 27 per
cent are people of color.
It was further explained that staff members from Fire/EMS, Police, Sheriff's
Office, and Human Resources continue to recruit candidates of color and women at
military installations and historically black colleges and universities; on-site tests
are conducted, when possible, and overnight accommodations are provided to
military candidates who come to Roanoke to test; the City of Roanoke continues to
co-sponsor This Valley Works Job Fair held every spring at the Roanoke Civic
Center, which attracted more than 3,500 job applicants last year; the City's
internship continues to attract high-caliber rising college seniors, and 12 students
were placed in jobs throughout the City during 2001, seven of which were people of
color; and recruitment initiatives will continue to emphasize building relations with
local groups interested in workforce diversity.
It was advised that commitment is the foundation needed to build and
maintain a high-quality, diverse workforce; during 2002, the City will take a number
of actions intended to keep its commitment at the forefront and begin to move the
City organization to a higher level of diversity competence; from a leadership
perspective, the City intends to build diversity capacity through training its
managers to understand that an inclusive work environment is one ofthe best ways
to get a better return on the investment in human capital, and, therefore, an increase
in worker productivity; the City will also initiate a new training program aimed at
improving the ability of its workforce to serve a diverse community; and the time has
come to appoint a standing Leadership Diversity Advisory Group, the purpose of
which will be to:
19
Work with the Leadership Team to reconfirm the organizational
leadership philosophy and adopt additional wording for a diversity
statement within the philosophy;
Understand individual organization impediments to diversity;
Advise Training staff, Human Resources and the City Manager
concerning diversity programs and policies;
Assist departments with developing diversity goals; and
Support other leaders' progress and champion diversity efforts.
It was further advised that the group will provide the City with a new
perspective on diversity which will help the City to become the organization it
aspires to be; in order to improve the City's ability to recruit more minorities,
particularly those interested in professional and public safety positions, Human
Resources is working with a company that will determine the appropriate media and
online advertising that could be used to attract more diverse candidates; and this
strategy will include methods that are designed to interact with passive and active
job seekers and will include the design and production of a recruitment ad
campaign.
In conclusion, the City Manager stated that she is pleased with many of the
actions the City has taken to increase diversity within the organization, yet there is
much to be done; the focus on building "diversity capacity" and the establishment
of the Leadership Diversity Advisory Group will serve to challenge all persons in the
City organization to reach a higher level of understanding; comfort zones and
everyday relationships may be impacted by the collective results; new strategies
must be developed to increase the diversity of the City's workforce, otherwise, the
City's credibility as an organization that espouses diversity will be challenged; and
the work is important because it affects the very heart of who we are as individuals
and as an organization.
Brenda Hale, President, Roanoke Chapter, NAACP, expressed appreciation for
the City's positive initiatives in regard to implementing long over due changes
leading to a more diverse City work force, and for the opportunity to work in
collaboration with the City of Roanoke. She spoke to the success of the first Job
Fair in May 2000 in which 74 applications were submitted and eight persons were
hired. She advised that the National Conference of Community and Justice,
Roanoke Chapter, has offered its assistance to help the City work force reflect the
diversity ofthe 70 nations that are currently represented in the Roanoke community.
She commended the 2001 Affirmative Action report which shows an increase in
20
minority hires in upper management and professional services; and the City's rating
has improved from failing to a C+, except in the area of public safety and protel;tive
services, which areas are grossly under represented in regard to minorities. She
advised that of concern is the issue of promotions and opportunities for minorities
to be a part of the new educational initiative offered by the City and the NAACP will
continue to track enrollment numbers.
Matthew Duffy, representing the Refugee and Immigration Service Office,
which is affiliated with the Catholic Diocese of Richmond, advised that they are a full
service office, with a school liaison officer who coordinates a peer tutoring program
emphasizing friendship development and exchange of cultural views, while working
closely with the City of Roanoke in providing English as a second language in the
school system; and more than 17 different nationalities have received assistance.
He stated that the office provides interpreters for the court system and cultural
sensitivity classes for the Police Department and the Department of Social Services.
He advised that the mission of the Refugee and Immigration Service Office is to help
the individual to become self-sufficient within two years and to apply for American
citizenship within five years.
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., complimented the City on
making some improvements in regard to employment of African-Americans;
however, she referred to the City Manager's communication in which she refers to
"minorities" and "persons of color" and inquired if there is a difference between the
two categories. She inquired if any ofthe positions were new hires, upward mobility
or transfers within departments where some persons might have had less
responsibility, payor status. In regard to the Diversity and Awareness Acceptance
Program, she spoke to the importance of the advisory group placing emphasis on
common courtesies as persons come into the work place, i.e.: a pleasant good
morning or good afternoon, or may I get you a cup of coffee. In regard to the
Employee Development Program, she inquired as to what plans are in place to
ensure that there is upward mobility once an employee enrolls in the program, and
will there be follow up to ensure that goals are met. In reference to the Job Fair that
was held in May 2000, one of the results of which was the hiring of seven persons,
she inquired if any of these individuals were "minorities" or "people of color". She
encouraged that the City of Roanoke do all that it can to become a fair and equitable
employer.
Mr. Terry McGhee, 4002 Virginia Avenue, N. W., advised that affirmation action
and diversity should also reach out to the youth of the area, which prejudice seems
to exist not only in the Roanoke area, but throughout the United States. He stated
that because transportation is not available, there is no diversity in the job market;
and entertainment offered at the Roanoke Civic Center is not diverse because most
of the events are geared toward the preferences of the majority community, as
opposed to the African-American segment of the City's population.
21
Ms. Wyatt inquired if City representatives have visited junior colleges and
technical schools within a 100 - 200 mile radius of Roanoke. She called attention to
economically depressed areas in southern West Virginia, eastern Tennessee,
eastern Kentucky, and further southwest Virginia where citizens are seeking
employment as a result of industry closings, and the Danville, Martinsville, and
South Boston area where the textile industry has moved out. She encouraged the
City Manager to explore those areas whose citizens have diverse expertise.
Mr. White spoke to the advantage of improving small business participation
in regard to the purchase of City goods and contractual projects. He concurred in
the remarks of Mr. Terry that entertainment events for the minority population are
somewhat lacking at the Roanoke Civic Center. Overall, he stated that the City has
made great strides in its affirmative action efforts, but there are certain areas in need
of improvement.
Without objection by Council, the Mayor advised that the communication
would be received and filed.
CONSULTANTS' REPORT-ROANOKE CIVIC CENTER: The City Manager
submitted a communication advising that Council appropriated funds, in the amount
of $850,000.00, for the design process for the Roanoke Civic Center Expansion and
Renovation Project-Phase II, at its meeting on November 19, 2001; following public
advertisement of the Request for Proposals, the City received one qualification
proposal from Rosser International, Inc., which was previously awarded the design
contract for the Roanoke Civic Center Expansion and Renovation Project-Phase I
improvements associated with the $3 million Arena Ventures package; and
inasmuch as only one proposal was received for the project, and City staff is of the
opinion that the firm is well qualified, Rosser International, Inc., was selected to
provide the required design services for the proposed Roanoke Civic Center
Expansion and Renovation Project - Phase II improvements.
It was further advised that in addition to the normal architectural and
engineering design services, services will include interior design, food service,
acoustics, graphics and landscape design, but do not include assistance during the
bid phase or construction phase; City staff has negotiated an acceptable agreement
for the proposed work with Rosser International, Inc., for a lump sum fee of
$825,000.00; funding for the agreement is available in Civic Center
Expansion/Renovation Phase II, Account No. 005-550-8616; funding in the total
amount of $850,000.00 is needed for the project, and additional funding in excess of
the contract amount is needed to support advertising expenses, testing and other
unforeseen project expenses.
22
The City Manager recommended that Council authorize execution of a contract
with Rosser International, Inc., in the amount of $825,000.00.
Mr. Harris offered the following resolution:
(#35742-020402) A RESOLUTION authorizing a contract with Rosser
International, Inc., for architectural and engineering services for the Roanoke Civic
Center Expansion and Renovation Project - Phase II improvements.
(For full text of Resolution, see Resolution Book No. 65, page 417.)
Mr. Harris moved the adoption of Resolution No. 35742-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, and
BEtlStf)itc:l1------------------------------------------------------------------------------------------------------~.
NAYS: Mayor Sm ith --------------------------------------------------------------------------------1 .
BUILDING DEPARTMENT -BUDGET -PUBLIC WORKS-MUNICIPAL BUILDING:
The City Manager submitted a communication advising that there is a need to more
carefully evaluate the overall layout for the Public Works Service Center and the
surrounding site given the impending relocation of 22 landscape maintenance staff
and related equipment from the Parks and Recreation Department, the closing ofthe
Materials Handling Warehouse, the possibility of incorporating the City School's bus
maintenance facility, and the need to examine the utilization of land in relation to the
proposed stadium-amphitheater complex; with the vacating of the City's Human
Services (Social Services) Department from Municipal North in late 2002 or early
2003, there is a need to update the "Long-Range Facilities Master Plan" and revise
the conceptual floor plans and cost estimates to re-allocate space within both
Municipal North and Municipal South to accommodate the growth of departments
remaining in these buildings, as well as other offices housed in space outside the
municipal complex; and Council has already given its approval to move forward with
each of these studies.
It was further advised that there is also a need to update the master plan
relative to the Courthouse Building; information gained from that portion of the
study is essential in accurately identifying the budget needs for this future Capital
Improvements project; following public advertisement for bids, HSMM, Inc., has been
deemed the best qualified to provide the planning services required for the study;
City staff has negotiated an acceptable agreement for the work with HSMM, Inc., for
a lump sum fee of $149,220.00; and funding for the agreement is available in the
following accounts:
23
Name
Public Works Service Center
Account
Number
008-530-9776-9003
Amount
$50,000.00
Study of Municipal North and South
Office Use
008-530-9777 -9003
$50,000.00
Capital Improvement Reserve
008-052-9575-9173
$50,000.00
It was noted that funding, in the total amount of $155,000.00, is needed to
perform the study; and additional funding in excess of the contract amount is
needed to support advertising expenses, limited testing, reproduction, and other
unforeseen project expenses.
The City Manager recommended that Council authorize execution of a contract
for Consultant Services for the above described work with Hayes, Seay, Mattern &
Mattern, Inc., in the amount of $149,220.00; and transfer $155,000.00 from the
following accounts: $50,000.00 from Public Works Service Center, Account No.
008-530-9776-9003, $50,000.00 from Study of Municipal North and Municipal South
Office Use, Account No. 008-530-9777-9003, and $55,000.00 from Capital
Improvements Reserve, Account No. 008-052-9575-9173, to a new capital account
entitled, "Master Plan for PWSC, Municipal Complex and Courthouse Building."
Mr. Harris offered the following emergency budget ordinance:
(#35743-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 418.)
Mr. Harris moved the adoption of Ordinance No. 35743-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
NA"S: N()I1Et-----------------------------------------------------------------------------------------0.
Mr. Harris offered the following resolution:
24
(#35744-020402) A RESOLUTION authorizing a contract with Hayes, Seay,
Mattern & Mattern, Inc., for programming and space planning services for the design
and development of conceptual building and site plans and related work for the
City's Public Works Service Center, to update the City's 1996 "Long-Range Facility
Master Plan", and develop related conceptual floor plans for the City's Municipal
North and Municipal South office buildings, and the Courthouse building.
(For full text of Resolution, see Resolution Book No. 65 page 419.)
Mr. Harris moved the adoption of Resolution No. 35744-020402. The motion
was seconded by Mr. Hudson and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayo r Sm ith ---------------------------------------------------------------------------------------~.---7 .
NA"S: N()l1e-----------------------------------------------------------------------------------------0.
CITY SHERIFF: The City Manager submitted a communication in connection
with uniforms for employees in the Sheriff's department; whereupon, she
recommended that Council authorize issuance of a purchase order(s) to Kay Uniform
Co., Inc., for the purchase of Roanoke Sheriff's Office employee uniforms, for a term
period of one year, with the option to renew for four additional one year periods, with
pricing to remain the same for all five years, and that all other bids received by the
City be rejected.
Mr. Bestpitch offered the following resolution:
(#35745-020402) A RESOLUTION accepting the bid of Kay Uniform Company,
Inc., for the purchase of Roanoke City Sheriff's Office employee uniforms; and
rejecting all other bids made to the City.
(For full text of Resolution, see Resolution Book No. 65 page 420.)
Mr. Bestpitch moved the adoption of Resolution No. 35745-020402. The
motion was seconded by Mr. Hudson.
Mr. White suggested that a consolidated bid for all City uniforms would invoke
more participation and better pricing and asked that the matter be explored when
addressing future needs.
Resolution No. 35745-020402 was adopted by the following vote:
25
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: None-----------------------------------------------------------------------------------------0.
BUDGET-FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM-FIRST
UNION NATIONAL BANK: The City Manager submitted a communication advising
that the City of Roanoke, First Union and the Fifth District Employment and Training
Consortium (FDETC) agreed, if First Union would maintain 420 jobs in Enterprise
Zone One, training funds would be available; the agreement states that First Union
is responsible for repaying $400.00 for each position below 420; an October 2001
compliance review noted only 309 First Union employees are now located in
Enterprise Zone One, therefore, the City of Roanoke received a check from First
Union in the amount of $44,400.00, representing repayment for 111 positions; the
funds need to be appropriated into a City budget account; and the penalty repayment
provides an opportunity to further maintain and stimulate economic activity within
Enterprise Zone One.
It was further advised that Carilion Health System (CHS), in an agreement
dated September 1,1998, agreed to move or create at least 310 jobs in Enterprise
Zone One; the City of Roanoke agreed to make available, through the Fifth District
Employment and Training Consortium, jobs training grants in the amount of
$1,000.00 per employee, not to exceed $500,000.00; CHS has experienced more
growth than it anticipated and has requested more training funds than initially set
aside; and total request for training funds is $335,678.32, while the City set aside
$310,000.00 for CHS training funds.
The City Manager recommended that Council appropriate $25,678.32 from
First Union repayment funds into CHS Training Grant Account No. 008-002-9699,
with the remaining $18,721.68 to be deposited in Account No. 008-052-9630-2044; the
Enterprise Zone Training Incentive Fund will further the goals of the Enterprise Zone
Program; and establish a revenue estimate of $44,400.00 in "First Union Job Grant
Repayment" revenue account.
Mr. White offered the following emergency budget ordinance:
(#35746-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Capital Projects Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 421.)
26
Mr. White moved the adoption of Ordinance No. 35746-020402. The motion
was seconded by Mr. Harris and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
NA"S: N()l1e-----------------------------------------------------------------------------------------0.
POLICE DEPARTMENT-BUDGET-CITY PROPERTY: The City Manager
submitted a communication advising that in 1986, Congress authorized the transfer
of certain Federally forfeited property to state and local law enforcement agencies
that participated in the investigation and seizure of the property; application for an
equitable share of property seized by local law enforcement must be made to the
U. S. Department of Justice and certified by the City Attorney; and the property,
including funds shared with state and local agencies, may be used only for the
purpose stated in the application, i.e., narcotics investigations related to law
enforcement.
It was further advised that participation in Federally forfeited property
enhances the effectiveness of narcotics investigations by providing necessary
investigations equipment, investigative funds, overtime expenses, and offsets the
costs that would otherwise have to be borne by City taxpayers; the Police
Department receives funds periodically from the Federal Government's Asset
Sharing Program; grant requirements state that the funds must be placed in an
interest bearing account, with interest earned to be used in accordance with
program guidelines; and revenues $58,982.00 have been collected and are available
for appropriation in Grant Fund Account Nos. 035-640-3304-3305 and 035-640-3304-
3306.
The City Manager recommended that Council appropriate $58,982.00 to the
Grant Fund Account for Exp. Equipment (035-640-3304-2035) and increase the Grant
Fund Revenue Estimate for Account No. 035-640-3304-3305 by $58,231.00 and
Account No. 035-640-3304-3306 by $751.00.
Mr. Hudson offered the following emergency budget ordinance:
(#35747-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Grant Fund Appropriations, and providing for an emergency.
(For full text of Ordinance, see Ordinance Book No. 65 Page 422.)
Mr. Hudson moved the adoption of Ordinance No. 35747-020402. The motion
was seconded by Ms. Wyatt and adopted by the following vote:
27
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
NAYS: N()l1e-----------------------------------------------------------------------------------------0.
BUDGET-FIRE DEPARTMENT -GRANTS-CMERP-EMERGENCY MEDICAL
SERVICES-EQUIPMENT: The City Manager submitted a communication advising that
the Virginia Department of Health, Office of Emergency Medical Services, has a
Rescue Squad Assistance Fund (RSAF) grant program that is administered twice
annually; and Roanoke Fire-EMS applied in September 2001 for the grant in order to
furnish apparatus with eight automatic external defibrillators (AED) and four suction
units, which will equip the apparatus with medical First Response capability, and
bring a reserve ambulance into compliance with new state EMS regulations.
It was further advised that in January 2002, the State Office of Emergency
Medical Services awarded Roanoke Fire-EMS a grant of $14,000.00 for the above
referenced project, requiring a $14,000.00 local match; sufficient matching funds for
the grant were appropriated through CMERP in 2001; and action by Council is
needed to formally accept and appropriate the funds and authorize the Director of
Finance to establish revenue estimates and appropriation accounts to purchase
equipment and supplies pursuant to provisions of the grant.
The City Manager recommended that Council authorize acceptance of the
grant and appropriate State grant funds of $14,000.00, with a corresponding revenue
estimate in accounts to be established by the Director of Finance in the Grant Fund;
and transfer the local match of $14,000.00 from Account No. 001-520-3521-9132 to
the same Grant Fund account.
Mr. Harris offered the following emergency budget ordinance:
(#35748-020402) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 General and Grant Funds Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65 page 423.)
Mr. Harris moved the adoption of Ordinance No. 35748-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayor Smith --------------------------------------------------------------------------------------------7.
~AYS: N()I1E!-----------------------------------------------------------------------------------------0.
28
Mr. Harris offered the following resolution:
(#35749-020402) A RESOLUTION authorizing the acceptance of the Rescue
Squad Assistance Fund ("RSAF") Grant made to the City of Roanoke by the Virginia
Department of Health, Office of Emergency Medical Services, and authorizing the
execution and filing by the City Manager of the conditions of the grant and other
grant documents.
(For full text of Resolution, see Resolution Book No. 65, page 425.)
Mr. Harris moved the adoption of Resolution No. 35749-020402. The motion
was seconded by Mr. Carder and adopted by the following vote:
AYES: Council Members Hudson, Wyatt, Harris, White, Carder, Bestpitch
and Mayo r Smith --------------------------------------------------------------------------------------------7.
NAYS: NOI1Et-----------------------------------------------------------------------------------------0.
CITY CLERK:
SCHOOLS: The City Clerk submitted a written report advising that pursuant
to Chapter 9, Education, Code of the City of Roanoke (1979), as amended,
establishing a procedure for the election of School Trustees, the three-year terms
of office of Charles W. Day and Brian J. Wishneff will expire on June 30, 2002;
Mr. Day is ineligible to serve another term inasmuch as he has served three
consecutive three year terms of office; and pursuant to Section 9-16 of the Code of
the City of Roanoke (1979), as amended, on or before February 15 of each year,
Council shall announce its intention to elect Trustees of the Roanoke City School
Board for terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2) advertisement
of such intention in a newspaper of general circulation in the City twice a week for
two consecutive weeks.
It was further advised that Section 9-17 of the City Code provides that
applications must be filed in the City Clerk's Office by March 10 of each year; since
March 10, 2002, falls on Sunday, and City offices will be closed, the deadline for
receipt of applications will be Friday, March 8 at 5:00 p.m; application forms will be
available in the City Clerk's Office and may be obtained between the hours of 8:00
a.m., and 5:00 p.m., Monday through Friday; and information describing the duties
and responsibilities of School Trustees will also be available.
29
Without objection by Council, the Mayor advised that the report would be
received and filed.
DIRECTOR OF FINANCE:
DIRECTOR OF FINANCE-AUDITS-FINANCIAL REPORTS: The Direct9r of
Finance submitted the Financial Report for the City of Roanoke for the month of
December, 2001.
There being no questions, and without objection by Council, the Mayor
advised that the financial report would be received and filed.
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION OF ORDINANCES AND
RESOLUTIONS: None.
MOTIONS AND MISCELLANEOUS BUSINESS:
INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF
COUNCIL:
WATER RESOURCES: Council Member Wyatt requested that the City Manager
explore the feasability of requesting area hotels and restaurants to voluntarily
conserve water; i.e.: through laundry practices and serving water with meals upon
request only.
FIRST CITIES COALITION: Vice-Mayor Carder presented an update on the First
Cities Coalition meeting which was held on January 31, 2002, as a part of Virginia
Municipal League Legislative Day. He advised that the First Cities Coalition is
composed of a group of 13 cities that lobby the General Assembly with regard to
inequities that cities suffer in terms of road funding, Standards of Quality, etc. He
noted that the following initiatives were adopted on January 31: (1) to hold a First
Cities caucus in which all 13 cities, elected officials and legislators would discuss
pertinent issues; (2) to review tax restructuring ( Virginia is the 44th lowest tax state
in the United States and tenth in income per capita); (3) an informational/publicity
campaign intended to bring to the forefront the challenges of urban cities; and (4)
30
to review litigation to determine if the First Cities Coalition can file suit against the
Commonwealth of Virginia for its under funding of the Standards of Quality. He
stated that the First Cities Coalition will meet during each quarter and staff for the
member localities have been requested to address the above referenced issues.
CITY CHARTER-LEGISLA TION-ROANOKE CIVIC CENTER-TAXES: Vice-Mayor
Carder addressed the issue of the defeat of the City's admissions tax bill and the
City Charter Bill on January 31, 2002, on the floor of the House of Representatives
at the Virginia General Assembly. He stated that the purpose of the admissions tax
bill was not to tax the entire City, but to fund Roanoke Civic Center improvements,
totalling $15 million, without taxing all entertainment venues in the City. He
explained that this specific funding mechanism and the $15 million of improvements
to the Roanoke Civic Center was supported by the Roanoke Regional Chamber of
Commerce, Downtown Roanoke, Inc., Roanoke Civic Center Commission, City staff
and by unanimous vote of Roanoke City Council. He advised that a legislative
representative from the City of Salem, leading the charge to kill a Roanoke City
Charter Bill, lends a sJap to regional support; the statement was made that Roanoke
City needed to get its house together regarding that which was brought forward,
whereupon, Vice-Mayor Carder inquired as to how much more the City could have
done since 2700 businesses through the Roanoke Valley Chamber of Commerce,
Downtown Roanoke, Inc., the Roanoke Civic Center Commission, City staff, and City
Council unanimously voted in favor of the admissions tax bill.
In the future and inasmuch as local government is the closet to the citizens
in terms of providing services, Vice-Mayor Carder requested that Members of
Council leave politics out of such issues while keeping in mind the best interest of
all citizens. He advised that if Council allows politics to enter into its decision-
making process, it will be stepping back into the "stone age" in representing the City
of Roanoke, the Roanoke Valley and the region.
Council Member Bestpitch advised that he, too, felt compelled to comment on
the events regarding the City Charter Bill that Council requested its representatives
to the General Assembly to introduce on behalf of the City of Roanoke. He stated
that he was most deeply concerned by the statements of the Mayor and his allies in
his campaign to defeat the legislation since several statements appeared to be
designed to deliberately mislead the public. In regard to the admissions tax bill, he
advised that the bill was not an effort to get the General Assembly to say that it was
raising taxes, and Council was not asking the General Assembly for authority to
raise the admissions tax, because City Council already has that authority. He
31
explained that the legislation was requested so that Council might have the authority
to set the admissions tax for City owned facilities at a higher rate than the tax for
those facilities that are operated by private enterprise, and two separate tax rates
would have ensured that the users of the civic center and the stadium/amphitheater
would provide the additional tax revenues needed to pay for the facilities. Since the
City has committed itself to improvements at the Roanoke Civic Center and
construction of a new stadium/amphitheater, he stated that the City has no choice
but to raise the admissions tax across the board, including the tax on private
business.
Secondly, Mr. Bestpitch advised that misstatements were made in regard to
legislation to amend the City Charter; whereupon, he explained that the bill would
have had no effect on the way the Vice-Mayor is selected, or the number of School
Board members, the bill does not increase the City's bureaucracy, but seeks to
update and remove redundant provisions in an effort to bring the City's practices in
line with common procedures used by the state and other localities. He called
attention to the amount of staff time involved to research issues and to draft
legislation for the proposed City Charter amendments. He advised that the two party
system is an integral part of democracy, each party helps to strengthen the other by
debating opposing viewpoints and by challenging public officials to keep faith with
the voters. He stated that Council agrees about much more than it disagrees; his
opinion may not always be supported by a majority of Council; he will sometimes
be on the losing side whether it be on historic preservation, rezoning requests, or
other issues; sometimes he will want to extend debate on a motion and one of his
colleagues will call for the question to end debate; and, accordingly, there may be
instances when the Mayor will lose on a request to continue debate on an agenda
item and a member of Council will call for the question on the Mayor. He stated that
in the past he has not hesitated to express his differences of opinion with the Mayor
and will continue to do so, but he has also supported the Mayor's position when he
agrees with his viewpoint and will continue to do so in the future. He advised that
he will not allow party politics to interfere with the best interest of the City where his
votes are concerned and it is hoped that the Mayor will pledge the same commitment
to Roanoke's citizens.
In regard to raising funds for civic center improvements, Mr. White requested
that the record reflect that there are services/projects that could be reconsidered
and/or re-engineered leading to greater efficiency in City government, and this may
be an appropriate time for the City Manager and City staff to review the overall
operation of the City leading up to fiscal year 2002-03 budget study. He stated that
he has served on City Council for a number of years, and there have been
disagreements, which have not always been across party lines because people
think, react and approach situations differently. He advised that the events that took
place during VML Legislative Day on January 31, 2002, in Richmond reflect how
individuals react and solve problems in different ways.
32
Council Member Hudson advised that it is said that local government is the
closest to the people and no one feels more strongly than he about communicating
with Roanoke's citizens. He stated that much of the problem rests in the fact that
the bond issue regarding civic center improvements did not go to referendum for a
vote by the citizens, therefore, the City lost the trust of many of its taxpayers, and
Council has demonstrated to the citizens that it does not trust each other. He
advised that he is a firm believer in asking the people who pay the bills for their input
on spending taxpayer dollars.
With regard to the civic center admissions tax bill, the Mayor advised that
different viewpoints can be taken as to whether the action would save taxes or raise
taxes. He stated that he had no conversation with any person regarding the issue
of the civic center admissions tax, although he does not support the increase
because there are other ways to accomplish the needed improvements. He advised
that in the 1960's when the same City Charter was in effect, it allowed the City to
construct the civic center without increasing taxes and it is a source of concern that
the same cannot be done today. He called attention to other ways to raise funds
such as an increase in event ticket prices, or a tax on the promoter of an event.
With regard to City Charter amendments, the Mayor advised that he engaged
in conversation with legislators. He stated that he, too, was concerned about the
amount of time that was spent by City staff on the City's Charter amendments, but
he is also aware that the same City Charter amendments were prepared and
submitted to the General Assembly last year and defeated, therefore, no additional
work was required by City staff for the City Charter amendments that were submitted
to the 2002 Session of the General Assembly. Because of his experience from last
year, he advised that there were certain items that were objectionable in the City
Charter bill; he had received a report that certain items were added or deleted
through the committee, and there was no way to track all of the steps that the bill
had followed, therefore, the City Charter bill was probably defeated due to
experiences from last year rather than experiences this year. He stated that it
demonstrates that the City of Roanoke and the Roanoke Valley went to Richmond
and their voices were heard, however, the problem was that all parties did not go in
harmony; regardless of any items that may be included on a " wish list" from the
General Assembly, it takes the cooperation of two parties to bring about success;
and if Council had gone to Richmond in unanimous agreement, their differences
might have been resolved to the satisfaction of everyone, therefore, the City missed
an opportunity to work together for the benefit of the entire Roanoke Valley. He
added that he looks forward to another year of working with Council to voice the
City's views in harmony to legislators and to demonstrate that the City of Roanoke
is heard in a positive way.
CITY MANAGER COMMENTS: None.
33
The Mayor advised that RVTV Channel 3 coverage of the Council meeting
would conclude at this point.
HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that
Council sets this time as a priority for citizens to be heard; it is a time for informal
dialogue between Council and citizens; and matters requiring referral to the City
Manager will be referred, without objection by Council, for response, report and
recommendation to Council.
COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., requested
clarification on a previous agenda item in which four speakers addressed Council
and they were required to limit their remarks to three minutes each instead of the
five minutes provided by Council's Rules of Procedure. She referred to Item 12,
Hearing of Citizens Upon Public Matters, on the printed agenda and noted that the
agenda does not state that it is a time for informal dialogue between the Members
of City Council and citizens.
There being no further business, the Mayor declared the meeting adjourned
at 4:50 p. m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
34
Office of the City Manager
March 18, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Request for a Closed Meeting
This is to request that City Council convene a closed meeting to discuss the disposition of
publicly-owned property, where discussion in open meeting would adversely affect the
bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-
3711.A.3, Code of Virginia (1950), as amended.
Sincerely,
~
Darlene L. Bur
City Manager
DLB:ca
C: Mary F. Parker, City Clerk
James D. Grisso, Director of Finance
William M. Hackworth, City Attorney
Room 364 Municipal South 215 Church Avenue. S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CltyWeb:www.ci.roanoke.va.us
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
This is to request that City Council convene a closed meeting to discuss the acquisition of
real property for a public purpose, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-
3711 (A)(3), of the Code of Virginia (1950), as amended.
Sincerely,
~
Darlene L. Burc am
City Manager
DLB:ca
c: City Attorney
City Clerk
Director of Finance
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.cl.roanoke.va.us
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
E-MAIL: cityatty@ci.roanoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
CAROLYN H. FURROW
ASSISTANT CITY ATTORNEYS
March 18, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to consult with legal
counsel on a matter of probable litigation, pursuant to ~2.2-3711.A.7, Code of Virginia
(1950), as amended.
With kindest personal regards, I am
Sincerely yours,
/~ ~U/~ I I?
~~ ~~
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William M. Hackworth
City Attorney
WMH:f
cc: Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILLIAM M. HACKWORTH
CITY ATTORNEY
TELEPHONE: 540-853-2431
FAX: 540-853-1221
E-MAIL: cityatty@ci.roanoke.va.us
ELIZABETH K. DILLON
STEVEN J. TALEVI
GARY E. TEGENKAMP
DAVID L. COLLINS
CAROLYN H. FURROW
ASSIST ANT CITY ATTORNEYS
March 18, 2002
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Smith and Council Members:
This is to request that City Council convene a closed meeting to consult with legal
counsel on a matter of probable litigation, pursuant to ~2.2-3711.A.7, Code of Virginia
(1950), as amended.
With kindest personal regards, I am
Sincerely yours,
aJJf /~
/' Per
William M. Hackworth
City Attorney
WMH:f
cc: Darlene L. Burcham, City Manager
Mary F. Parker, City Clerk
Office of the City Manager
March 18, 2002
The Honorable Ralph K. Smith, Mayor
The Honorable William H. Carder, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable C. Nelson Harris, Council Member
The Honorable W. Alvin Hudson, Council Member
The Honorable William White, Sr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Request for Public Hearing for Enterprise
Zone Amendments
Background:
On January 1, 1984, the Commonwealth of Virginia designated Enterprise Zone One, then known as the
City of Roanoke's Urban Enterprise Zone. On January 1, 1996, the Commonwealth of Virginia
designated Enterprise Zone Two.
The City's Department of Economic Development completed an evaluation of the local incentives for the
City's two Enterprise Zones in 2001 and concluded that amendments were needed to increase the
effectiveness of the program.
Considerations:
In accordance with the Department of Housing and Community Development's Virginia Enterprise Zone
Program Regulations, the local governing body must hold at least one public hearing before submitting
an application for amendments to the Department of Housing and Community Development for approval.
Recommended Action:
Authorize the City Clerk to advertise for a public hearing on the above amendments to be held on April
15, 2002, at 7:00 p.m. before City Council.
DLB:slm
c: Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Elizabeth A. Neu, Director of Economic Development
CM02-00049
Room 364 Municipal South 215 Church Avenue. SW. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.ci.roanoke.va.u5
Proposed Changes to Enterprise Zone Incentives
March 18, 2002
The following incentives are to be deleted:
Utility hook-up fee rebates for new construction based on investment
Justification: This incentive relates only to new construction currently, and will be
replaced with an incentive that is for new construction as well as
rehabilitations, with a new schedule for rebates.
Machinery & Tools Tax Rebate of 50% of the Machinery & Tools tax owed,
based on new equipment investment of at least $1,000,000
Justification: Although originally listed in the initial application for the Enterprise
Zone as Incentive Number Three, the Machinery & Tools Tax
Rebate was never offered because it was determined to be against
State code. Therefore, this type of rebate will not be considered or
offered unless State law changes to permit such rebates to be used
as an incentive.
Up to 100% rebate of Development Fees (Building Permits, Site Plan Review)
based on new construction investment in the building only.
Justification: This incentive relates only to new construction currently, and will be
replaced with an incentive that is for new construction as well as
rehabilitations, with a new schedule for rebates.
Personal Development Seminars
Justification: The staff of the Department of Economic Development does not
have the expertise to provide this service, and to provide these
seminars would duplicate the efforts of other capable organizations
in the Roanoke Valley. However, there are many organizations in
the Roanoke Valley that are able to provide these seminars and do
so on a regular basis. When citizens call about such seminars they
are directed to Total Action against Poverty's (TAP) This Valley
Works program or several seminars present by the Small Business
Development Center at the Roanoke Regional Chamber of
Commerce.
New Incentive Number One: Limitations on Applicability:
Name: City Rebates of Water, Amount of investment dictates level of
Fire and Sewer Hookup Fees for rebate.
new construction and $1,000,000 or more -100%
rehabilitations. $900,000-$999,999.99 - 90%
$800,000-$899,999.99 - 80%
$700,000-$799,999.99 - 70%
$600,000-$699,999.99 - 60%
$500,000-$599,999.99 - 50%
Impact: Encourage $400,000-$499,999.99 - 40%
rehabilitations of existing $300,000-$399,999.99 - 30%
structures and not just of new $250,000-$299,999.99 - 20%
construction. $125,000-$249,999.99 -10%
$0-$124,999.99 - 0%
Period of Availability: July 1, 2002
through June 30,2007 (or until
December 31, 2003 if EZ One expires
at this time and is not extended)
This Incentive applies to Enterprise
Zone One and Two.
Incentive Number Twelve: Limitations on Applicability:
Name: City Rebates Building Amount of investment dictates level of
Permit Fees on all new rebate:
construction or rehabilitations $0-$24,999.99 - 0%
depending on investment. $25,000-$49,999.99 - 25%
$50,000-$74,999.99 - 50%
$75,000-$99,999.99 - 75%
$100,000 or more - 100%
Impact: Fairly low threshold
allows most to benefit from this Period of Availability: July 1, 2002
incentive. through June 30,2007 (or until
December 31, 2003 if EZ One expires
at this time and is not extended)
This Incentive applies to Enterprise
Zone One and Two.
Incentive Number Fourteen: Limitations on Applicability: Work has
Name: Fa<;ade Rebates for to make a notable difference on the
renovations in amounts fa<;ade of the building.
representing 50% of actual
costs, capped off at $20,000.
Annual fiscal limit is $100,000.
Period of Availability: July 1, 2002
through June 30,2007 (or until
December 31, 2003 if EZ One expires
at this time and is not extended)
Impact: By visually improving the This Incentive applies to Enterprise
front of buildings in the Zone One only.
Enterprise Zone, surrounding
property values increase, other
investment is encouraged and
the business climate is improved
within the Enterprise Zone and
the City of Roanoke.
April 15, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Resolution and Ordinance relating
to Enterprise Zone Local Incentive
Amendments
Background:
On January 1, 1984, the Commonwealth of Virginia designated Enterprise Zone One, then
known as the City of Roanoke's Urban Enterprise Zone. On January 1, 1996, the
Commonwealth of Virginia designated Enterprise Zone Two.
The Department of Economic Development completed an evaluation of the local incentives
of the Enterprise Zones in 2001 and concluded that amendments needed to be done in
order to increase the effectiveness of the program.
Considerations:
In accordance with state law (~ 59.1-283) the City of Roanoke must offer local incentives
to supplement the incentives offered by the state, as administered by the Department of
Housing and Community Development. If the City of Roanoke fails to offer local incentives,
as outlined in the 1999 amendments, the City risks losing its Enterprise Zones.
Recommended Action:
Approve the attached Resolution authorizing City officials to make applications of
Amendment for Enterprise Zone One and Enterprise Zone Two to the Department of
Housing and Community Development, and approve the attached Ordinance outlining the
new incentives for the local enterprise zone program.
Respectfully submitted,
Darlene L. Burcham
City Manager
DLB/sem
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth A. Neu I Director of Economic Development
# CM 02-00050
L.....,_~.t....~.c"._..,--",."-""_"".""'",.,"..""..."""_..~'._.,','"-".,.,____J~
CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER. CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
March 13, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
The deadline for receipt of applications for appointment to the Roanoke City School Board
for two three-year terms of office commencing on July 1, 2002, and ending June 30, 2005,
was Friday, March 8 at 5:00 p.m. I am pleased to provide you with copy of the following
applications:
Robert J. Sparrow
Edward Garner
Carl D. Cooper
Robert H. Bird
James P. Beatty
William E. Skeen
William H. Lindsey
With kindest personal regards, I am
Sincerely,
^ ""'}"
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
N :\CKMH 1 ISchooI.02\applicants.reception. wpd
..-... 0
/&/ 03/08/200204:47 PM
To: clerk@ci.roanoke.va.us
cc:
Subject: School Board Application
Below is the result of your feedback form. It was submitted by
() on Friday, March 8, 2002 at 16:47:14
Last_Name: Sparrow
First Name: Robert
Middle Name: Joe
Home EMail: rjsparrow@aol.com
Years at Address: 6
Position: Financial Specialist
Employer: First Union Securities
Date_Employed: 10/01/2001
Business Address: 4202 Melrose Ave, NW
Business_City: Roanoke, VA
Business_Zip: 24016
Business Phone: 540-563-7221
Business Fax: 540-344-2463
Business EMail: Robert.Sparrow@FirstUnion.com
Resident: Yes
Age18: Yes
Education: Bachelor of Science, Hampton University - 1983
Graduate classes in accounting and auditing at Roanoke College
Former_Student/Employee: - I have been a student in the Roanoke City School
system, kindergarden through 12th grade; graduate of William Fleming HS in
1979.
- I was a substitute teacher 1983.. .1984.
Civic Activities: Current Member Fair Housing Board
Coach-Girls Recreation Basketball Team, City of Roanoke
Assistant Coach Boys Recreation Basketball Team, City of Roanoke
Organized Childrens Choir, Loudon Avenue Christian Church
Omega Psi Phi Fraternity: Former Chairman of Reclamation Committee
Former Chairman of Scholarship Committee
Provided Music (DJ) for the Academy of Math and Science for student that
showed 'Outstanding' citizenship for the reporting period.
Availability: Flexible during the normal working hours and eight hours a month
at other times (also flexible) .
textareaName: PTA Member
Previous_Experience: - Excellent skills as a coach and team player in
professional and civic organizations
- Developed skills as a liason in communications of technical and
non-technical information
- Respected professional, team player, promote positive morale and team focus
on objectives; excellent iterpersonal and negotiation skills
- Flexible, capable, well-rounded accounting, business operations and systems
experience, strong business sagacity
- Proven leadership qualities, a strong self-starter, track record in
maximizing cost savings/profit
- Father of three.
Philosophy: My philosophy of education was instilled in me by my parents at an
early age. I believe that every child, regardless of his or her circumstance
should be given the opportunity to have the best education and support staff
available to develop his or her interests and to exceed global expectations.
This environment should be safe, clean and technically advanced. I also
believe that if you train and educate a child the right way, that later in
life, that child will have a positive effect in the community he or she
resides (hopefully in the City of Roanoke). With a strong educational
foundation an individual will improve the quality of life for himself/herself
and the citizens of that community. This will continue to improve the quality
of education and educational opportunities for generations to come. I believe
that adults should be available and provide hands on interaction with children
and their educational quests.
Current Members: No.
REMOTE ADDR: 205.188.197.182
1~
APPLICATION FOR APPOINTMENT
ROANOKE CITY SCHOOL BOARD
The undersigned does hereby apply to Roanoke City Council for appointment
to the Roanoke City School Board.
Name: tJttJ;t\/e}-' b/wal-~
Print (last) (first) (middle)
Home Address:.Jl/7 tl!esk;J,AlflffJ I!onA/ok ~'IO/J' S~t?-77'1-7jlb
street/number city/zip telephone
City resident: I es'
t
Length of time at present address: / 'I Ve a r~
, .,6'- '1f)-
Business address: I/O /i.ANrl,~J ,(01 JE ~(}AloJ(e.. Jfp/J.-~~/" 'if I- S:JJ Y
street/number city/zip telephone
Are you over the age of 18? ~~
Education: /J 11 /J - /J / k", I J'J:kk d//qe/ /91/ /
/J1 jJA - (/&,/&..-,;','11 .tJ,c t!eP~?,~/ 1'121 j
......leI). - M~t1"/ UI.rb.tl 1/;40' ;r i~-19?~ . t~'t.;, d'b- 171'1
Have you been a student, mployee, or officer in the City of Roanoke School system?
Ifso, please explain:
N:\CKMH 1 \$chool.02'Apphcatlon .wpd
1
~ //J /
Present employment position: / ~a,,'A// A/i C::o IJ I- 01, . A/ ~~
Firm: J!/,y,.....c:o//(. ,-fJc4~ (2,,-A
.
Date employed: &e~ / /97Y
, I
Civic activities: tt-.~ t...h1! &fn J!-2&MI'E f{/Ief-&n,"h.iI,.,e &'N"""
(office(s) held, 11 nors, etc.) , './
/I SSo e, ';<(, '.~,. ~k..../e./ e: 1;&eNS {A1('cJ- h>~"'~~ /!u .Ie.vi> // /J ,I /-;' e /lo..r e"
Alui!!. Ll,aIt~ ~A/t!~ ~ Aol J'~~~ $. 4&e,t.~ c::.L J'l1 Afe~6 e"s~,~. ..
tJ~ Od W,'II () F -fk v/lt.t.. e.-)if ,(30& 1'--<::1 ,x-1e.fr7 /; ~ .
!J/tlC ~~ e. ~l"o,v(2;1 Mc:a.'(~AJ"" -;;:-;.., 'A./.-'~ ,f,,"U6'l ne..,J~-
Availability of time to devote
to this function: /IS )Jo J I/o' '~e/
List sc haal related activities: If lue P !r~ EL c--aj, ' CJ If.!. i ;::';""7
(!t'/d/JtJf // ,~u K 40, ;'A,O'/I/' y~ Hp S/u-p ~~e-
&~A/'" / 7' ~ /fe//' J::.eut/. '1 4/>1<,c,/c<. ,
List previous experience and special abilities which might qualify you for this
appointment: tAw c1e'i'~ ere. /j./J'vit '<./. /1 '~((7 " '4.,) ~...~ u/~'-v'!
~ e
#.zV' e ~'1,:..e..e. ~oJ(../ t:<I/('c #/I'7,'/V,'cS"-/--a.4"f?d ~ WA/f1ie"-,;;'~
~"v'el-N"'h7~A/ "- ,c;A/AN'C-e/~' J ?a.-ve. M....ke/ Iu'/~.( ~ 4'are
Gjl., IV /,vl-e~es I- ,. oM YtJ t( IV t Peo ~ /e..- ~ H:.e- 6:t(~t-(.... e
Ot:' ()qJi- CcYMMv4 W'ea/Ii.. !/Uder-r5'~ ~ CJ?1"~c' '<~
~ I ~M 1'0 /<-1 Ql...A/ C e. ~ ~ -fU ~ k () F H:.e- 0 "1L-/-cI ~ ~
,. 'MfJ~t:- r 0# ~ e //,'z.etvS' o,z::: "eo ,4 Nt:;KC ~ ~
t!--tr/7'1 /I? d;V' ?v'e ~ / ~ . U ,vcle~.f'~-?'-d ~ Qt.../fJ;.-e c (t.(;fe H:.<...
I 'rz1,44 ;w.f a. IV' C e tJ F edu c,C<.,;f,'" A./ a- S a Pt(ft.q,A./.s 0 ~ ~c.IF-
,ct( 1~~'lll#'teNI a4 wel/ tZ4 e~o,,<J<7.41 / C- tUel/ 6 e,'tVr.
N\CKMH 1 \Scnool.02\Appllcallon wpd
2
. .
State your philosophy of education:
E LCd_ >AJ / :1 ~ ~ ~ Yo',," ,,'h-l/p_ tJ[ /J /t'... /d';;;4",/ "--I ~'<<'4/"'e.-
Wel/ be/IV/. Put 1<:"'" edq Ca...!/ON ~( 6eeA,/ a /<:'ey
{!tI ~/JA/C'A/~ OF Ii. e t-;4',vc/a./"OA/ U/JtJAI Mi, 'c.i .J-h~ 's Ll~g~';'" Z
War bW " 1-1-: /~ S- ~o 'I IVoIa.-// () N' haJ J7~..s.,La.'" IV'~ ?f';- o~
{l,lilJwe/ /.{" '" ~",M /"e;-. 'I-'-,-~,- ()t/I 4 J/e(lt:,,~. I L
/..5' ,-/J?fJe/,-a.-/,'re'- - /;o~ do,," . /if/oh'J/,'o/kd/ a~ ~.
f}O//ecl./t/€- 9()/)./ - - H~~ t(/e ~/l4/i,NI/e. 10 j~J'/d /flU ;i--f.v.,f
;-~ ''''1/ c:I a.- -1/&)1./. Ne;::a <Jc; a.(/ /' /fI1 M eN'.5 e {!. ~ Q,// eM'1 e / A.J
;J~ejJa ~/ A/? aA./edu ea.fe'/ (1.,u/ f}6 Nt ~e-'I'/''ve ~...K ,zt;,(ce
~ a,./-/ZetV)-y 10'" ~..;2../ Sf- C!.-e.-A/hJ.;( ~ 6efoAA:::f'. /dC/I
We /J4/Ls I /Ue,e-I 141:(' e.~I#Pf~ &/A.4' c/o ,'1 /'.u a-.5 e,c:,c/a;'eA/;/--
a /Vlt:t A,/ Me?/(. aa.. /1~S;$' "Ie. we /1-1'4..>1 6e eqN,'~//.v'f- ~F
"fte- #~~ >'-i.d ~ /JOkA/~4/J a.uc/ ~ ~a,i/L)~,cs a~e UN-
/ ,"fVj,'W: ~~ ~e~C/ w~cer5 ~ #..e-' ~~ a,,..e L../M,'i-e/.
~~: 6o-cXA.d. P1e;t-(,~~~ /l/1i1s,L ~I/'Ze ~y ~"'e ~
S';'e.wa."oI~ tJ/= ~ p"/uJoe (Yf ~19,v()kc.
Signature of pplicant
~~ tf; :2t10.t-/
Date
NOTE:
Deadline for receipt of applications
is Friday, March 8, 2002.
RETURN TO: Mary F. Parker, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
ALL APPLICATIONS WILL BE OPEN TO THE PUBLIC.
N:ICKI.IH 1IScnool.02\Appllcal1on.wpd
3
APPLICATION FOR APPOINTMENT
ROANOKE CITY SCHOOL BOARD
The undersigned does hereby apply to Roanoke City Council for appointment
to the Roanoke City School Board.
Name: (l ~f- (lPc~\
Print (last) (first) (middle)
Home Address: L \ 2-0 C A-f2-~ L L Au [;') N W ftE~~\.-,
street/number city/zip telephone
342-74--ZL\-
D.
City resident:
~
Length oftime at present address: 4- ~
/
Business address:
street/number
Are you over the age of 18? :' E S
city/zip
telephone
Ie
IUfi/J M
5/ MJ~ ~lilr
? .
'f
N:ICKMH 1 ISchool.02\Application. wpd
1
fW NI ~-R
)lIf
@@ ~<i~h~.e. t/f; .5dzod ~/LA 5!J-tfy ~V"~Q'I
~U(!t-~~.
N :ICKMH 1 ISchOol.02\Application. wpd
2
NOTE:
Deadline for receipt of applications
is Friday, March 8, 2002.
RETURN TO: Mary F. Parker, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
ALL APPLICATIONS WILL BE OPEN TO THE PUBLIC.
N :ICKMH 1 ISchool.02\Applicalion .wpd
3
, .
(Complete this portion only if you are currently a member of the Roanoke City
School Board.)
List your major accomplishments, including local committee work and interest in
state and national education:
N:ICKMH1 ISchool.02\Application. wpd
4
APPLICATION FOR APPOINTMENT
ROANOKE CITY SCHOOL BOARD
The undersigned does hereby apply to Roanoke City Council for appointment
to the Roanoke City School Board.
Name: J3'l'rd Robert
Print (last) (first)
Home Address: If 7' LHo v-5eVY\Q.Y\ D,. NE
street/number city/zip
H
(middle)
City resident: Yes
R Oo.\Ild 1< ~ V f1 '2 LJ 0/9
telephone
(5lf~ 3~' -~q?b
city/zip
telephone
Are you over the age of 18? yes
Education:J3.B, MA ; n Math e W\a.+~CS f <8 ~ w lJ fA.. F 0 l;\ Y"'
~;oYH)1 jeo.V's ji'~d~o.Te woyK oJ!- V; "'JiVl/q Tec),.
~ essio nq I c:e r t; 1i c'Q.ti 0\1.5 CS p) C I SA ~V\rA c /It.
Have you been a student, employee, or officer in the City of Roanoke School system?
Ifso,pleaseexplain:-.1} s the C;ry oU"o.Y\o)(e..s JV\\I\V\;ci p~ I
I ·
~oy- i I S "'f e'(" \J ,5 e J. '^ 'f\a.-i €V"fO'rV't\ed a. l}..oL 1~ of
" ~ ~ i V " d l). ~ I 5 c h ~ a /9 I1vY\ d s c- \ 1 (J " I ().. d ~ I Yl " j + ~ -I; ve
S 'IS t ~Y'i\ S ,
N :ICKMH 1 ISchool.02\Applicalion .wpd
1
Present employmentposition:~ ~,; V" eq
Firm: c; 7'( c1 f R C7<A. nO k. e.
Date employed:
/~g() - 'J...rJol
Civic activities: 8 (J 5 C (7 l( t (~~ e V-
( fice(s) held, honors, etc.)
w~-f'" keys i~ {;y~t 1},'("~J ~
Chu.\(c~ t"feCfSrAY'eV' 5/l'1Ce
as- VoJ 6 'r I<. '
Twelfth j'i"tA4es.
I ~ ff 3,
Availability of time to devote
to this function: 1... i W\ i i ~ e( ~.., I Y by S:: c '^ t 0(.111 01 C ~ ~ V"(' ~ O(c1; 1/ i -1 j es.
List school related acti vi ties: I V\ ~ ol d it;" Y\ t <' the 0... tA. d " + w (/ '( k
"/
't p~ Y€l1t
I
)(-/~.
r 'ho.LthE Y)o'V'V'Aql iYltl~IV~VI(e)/)t "f
w;fl, two ch; }J v-e" Wh~ o..tte'nc:/~d
List previous experience and s ecial abilities which might qualify you for this
appointment: + rn h COli( ieV' '(/!)" \1\.1 ht I ~ '
J,.... s i I'll! '5 WI. A VIa. j e ..... € l< i 1M',4 q c c t:I IA. YI tin J-- to 1" /3 i-
ro.T!:J ~ w\ll.{ C8V1CdY'd CcJle~e. V;'fjiYliq Tech
) t.I ' I
N ~ i;" 'nil I l?tA3 " Yte ~$ c., 1Jf!j e ~'))<t.h 1'17 L-IlY\C <IS te'f',
N:\CKMH1 ISchool.02\Application.wpd
2
State your philosophy of education:
y ~ l.\ V\ j_p e n p J est a. V't w; t 1, c u 'f' ; G S ; f'j Ol V\ 01 a des i of e to
J~o.:f"Y\ I The s<: hoof ='lste"", YV\\.\,i C'oYlt:Ylt,\e to ""'~ i; vette
s hcL~yd 5 t.. ""GIS t er t ~e th ..."" g:' o.nd 8 f1 'pet" ."d. ; "
thei <'" 0\ "'~:2 "lliter~t. st~ e>'\ t.5 sh~lJ.ld hE't:\V f~J.<e>l1J
10"" I e.o.'f \1 ; j \Iv; II J:, eM-\?; 1 tJ, 1! trI. LJ e .... e ec/ to p Y't1V id €;
st ~ff t {"o. i" i 11) eo Vld t l?f) b tt> < Y}S ",re " cl i 1) H:} .. Iy of
J!f-P r.. 0. C he oS 0. " J f' V' " J l' '" hi 5 t" h e I p cd I :d "lei e 11+.s
b e '",,( e 50S f l.\'.
~If~
Signature of Applicant
MC\'fCh 7" 2802.
./
Date
NOTE:
Deadline for receipt of applications
is Friday, March 8, 2002.
RETURN TO: Mary F. Parker, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
ALL APPLICATIONS WILL BE OPEN TO THE PUBLIC.
N :ICKMH 1 ISchool.02\Application. wpd
3
.... _~ 0
/K 7 03/07/200201 :04 PM
To: clerk@ci.roanoke.va.us
cc:
Subject: School Board Application
RECEIVED
CITY CLER~S r:C"c-
Below is the result of your feedback form. It was submitteaQiy MAR -7 P4:23
() on Thursday, March 7, 2002 at 13:04:34
Last_Name: Beatty
First_Name: james
Middle Name: Plumer
Home_Address: 3063 Swarthmore Ave.NW
Home_City: Roanoke,VA
Home_Zip: 24017
Home Phone: 362-9407
Home EMail: jpbda122@aol.com
Years_at_Address: 32
position: Interim Dir.Rke City Schools
Employer: Roanoke City Schools
Date_Employed: 12-17-2001
Business_Address: 40 Douglass Ave,N W
Business_City: Roanoke, VA.
Business_Zip: 24031
Business Phone: 540-853-2098
Business Fax: 540-853-2075
Business EMail: JBeatty@roanoke.k12.va.us
Resident: Yes
Age18: Yes
Former_Student/Employee: Currently employed as Interim Director of Human
Resources
Civic Activities: Board Member Northwest Child Development Center
Member winston-Salem State University Alumuni Association
Member Mayor's Committee For Disability
Board Member Of Roanoke City School's Business And Technical Committee
Member, Kappa Alpha Psi Fraternity
Boarrd Member Fourth Year Class Of Study For Iternant Elders,A.M.E.Church
Vice Chairman Of The Virginia Annual Conference,Church Expansion
Pastor Bethel AME Church
HonorsiMan of the year,Citizen of the year,Three Coaching
Championships,Numerous Appreciations Awards
Availability: Retired From Roanoke City Municipal Goverment January
1,2002,after Approximately 29 years of devoted service.
textareaName: Former Teacher And Coach For Five Years,Serves on the Business
And Technical Committee For Roanoke City Schools,Was recently interviewed by
the Medial Service At Lincoln Terrace Elementary School,has conducted mock
interviews for students at William Fleming And Patrick Henry High
SchoolS,conducted work shops on the job winning application and interview at
both shools as well.
Previous_Experience: Twenty Nine Years of employment with Roanoke City
Municipal Goverment.
as Human Resources Administrator,Employment And Recruiting.
Currently Interim Director,Human Resources,Roanoke City Schools.Handling areas
of employment and recruiting. for teachers, Substitute teachers,Assistants,and
related duties and responsibilities.Has five years of teaching experience in
the class room,with championship coaching experience in middle and high
school.Earned my under graduate degree while working full time loading and
unloading freight for Me-Lean Trucking Company, from winston-Salem State
University,Winston-Salem,North Carolina, and my Masters Degree from the
University Of Virginia,Charlottesville,Va.While' employed by Roanoke City
Municipal Goverment.
Philosophy: To educate the whole child mentally,physically,socially,and
emotionally to deal with diversity and the realities in the world of work and
leisure time activities.
REMOTE ADDR: 208.27.234.20
APPLICATION FOR APPOINTMENT
ROANOKE CITY SCHOOL BOARD
The undersigned does hereby apply to Roanoke City Council for appointment
to the Roanoke City School Board.
Name:
Print
Skeen
(last)
William
( first)
Edward
(middle)
Home Address: 2525 Robin Hood Road. S.E.
street/number
Roanok-e. Va. 24014 (540) 345-4960
city/zip telephone
City resident: Yes
Length of time at present address: 16 months at current address. 17 years total in the Citv of
Roanoke
Business address: 145 Campbell Avenue. S.W.
street/number
Roanoke. Va. 24011
city/zip
( 540) 345-6781
telephone
Are you over the age of 18? Yes
Education:
Virdnia Bankers School Of Bank Manaeement. Honor Graduate. University of Virl!inia.
1986~
East Tennessee State University. Bachelor of Business Administration - Finance. Cum Laude.
1978~
Vireinia Western Community Colleee. Associate in Science Degree - Business Administration.
1976~
Cave Sprine Hip School. High School Diploma. 1 ?74
Have you been a student, employee, or officer in the City of Roanoke School system?
If so, please explain: No
N :\CKMH I \SchooI.02\Application. wpd
1
Present employment position: Deputy Director of Business Affairs
Firm: Total Action Against Poverty In Roanoke Valley
Date employed: June 16. 1997
Civic activities: (office(s) held, honors, etc.)
Vice Chairman. Roanoke City Pension Plan Board of Trustees
Past Member. Roanoke City Citizens Police Chief Advisory and Interview Panels
Past Co-Chairman and Member. Roanoke City Manager's Community Relations Task Force
Board Member. New Century Venture Center
Past Chairman and Current Member. Roanoke Neighborhood Partnership Steering Committee
Steering Committee Member. Roanoke Redevelopment & Housing Authority Lincoln 2000 Proiect
Board Member. Family Services of Roanoke Valley
Member. Roanoke Regional Housing Network
Treasurer. Crystal Tower Building COl:poration
Member of TAP's Business Seed Loan Fund Committee
Member of Southeast Rural Community Assistance Program. Loan Committee
Past Treasurer and Past Finance Committee ChaiI:person. Total Action Against Poverty
Past Board Member. Total Action Against Poverty (TAP)
Past Board Member. TAP Housing COI:poration
Past Chairman and Board Member. Roanoke Community Development COI:poration
Founding President and Board Member. 19th and Melrose COI:poration
Past Founding Board Member. Blue Ridge Small Business Development Center
Past Board Member. Unified Human Services Transportation System
Past President and Board Member. The West End Center
Past Member and Project Chait:person. The Roanoke Jaycees
Personnel Committee Member and Christian Formation Team Member. Our Lady of Nazareth
Catholic Church
Past Volunteer Fund Raiser - American Heart Association. American Cancer Society. Junior
Achievement. March of Dimes. United Way
First Union President's Cup and Beacon Award Winner for Community Reinvestment Excellence
Virginia Governor's Award for Volunteering Excellence. Gold Medal
Dominion Bankshares COI:poration Great Performers A ward
Availability of time to devote
to this function: As Needed
List school related activities: September 1985 - Present: Adjunct Faculty Member. Virginia Western
Community College teaching various business subjects and developing internet based distance learning
courses.
List previous experience and special abilities which might qualify you for this appointment: I
have two sons who graduated from the Roanoke City School System and one son currently attending
Patrick Henry High School. Mv sixteen years teaching experience at the college level has provided me
with a significant amount of insight in understanding the challenges of preparing our children for
higher education. Mv current job experience with TAP has orovided me with an understanding of the
educational challenges many of our children face in progressing through their elementary. middle and
high school studies to prepare them for a future job and higher educational opportunities. My personal
visits to many Roanoke City Schools and conversations with orincipals and teachers have prepared me
for a role of helping our school system move forward to meet the challenges we face today and will
face tomorrow.
N :\CKMH I \SchooI.02\Application. wpd
2
State your philosophy of education:
Education begins with a shared responsibility and commitment by parents, students, teachers,
and administrators. This commitment should create an appreciation for learning, one in which
students come to school prepared and ready to learn. This commitment should create an environment
for learning, a place where students feel important and feel that they can succeed. Course work should
be exciting - so exciting that students enthusiastically look forward to going to school everyday.
School administrators and teachers are very astute at engaging children who come from an
upper-middle class home where education is valued, encouraged and supported; however, sometimes
they are not as astute at creating this same desire and motivation among students from other socio-
economic backgrounds. We must make sure our teachers have the tools necessary to reach students
who don't learn in traditional ways, to reach students who might have language barriers, and to reach
students who come from disadvantaged homes or face other impediments to proficiency at school.
This means we must work harder to reach out to students who come from low income
backgrounds, students who come from homes without books and students whose parents themselves
missed out on a solid education and don't have high expectations for themselves or their children.
A student must have a healthy amount of self-esteem to succeed at their educational endeavors
and to constructively resolve conflict. We must embrace a more fully developed life skills program,
one which ensures that we are preparing students to emotionally and constructively handle the
challenges, pressures and conflicts they will face during their school years and throughout their
lifetime. With continued concern over school violence, we must continue to take steps to guarantee
that our children are safe within their learning environments.
With the Standards of Learning solidly placed within Virginia schools, we must continue to
concentrate and improve upon academic success, with the ultimate goal of preparing students to
become informed and capable decision makers, as well as contributing members of society.
Budget pressures continue to challenge our school system. Our ultimate goal is to balance
priorities, ensuring that our children have the best teachers, solid learning resources and good facilities.
These are issues we must be concerned with and issues that we must continue to address with
our administrators, teachers, parents, students and the public at large.
;/~/~
-
Signature of Applicant
March 6. 2002
Date
NOTE:
Deadline for receipt of applications
is March 8, 2002.
RETURN TO:
Mary F. Parker, City Clerk
Room 456, Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011-1536
ALL APPLICATIONS WILL BE OPEN TO THE PUBLIC.
N :\CKMH 1 \SchooI.02\Application. wpd
3
APPLICATION FOR APPOINTMENT
ROANOKE CITY SCHOOL BOARD
The undersigned does hereby apply to Roanoke City Council for appointment
to the Roanoke City School Board.
Name: L'Nf::JS~
Print (last) "
(,J 1"'- I ~
(first)
t-J. << '7Z.t-f COe.. K
(middle)
~ ~~o~ 24tH!' Cjil'Oj'iY
city/zip telephone
Home Address:
I q D' Ga.A-N 0, IV
street/number
City resident:~
Length of time at present address:
Business address:
B '14
~ 2..)' Coc..c)~o C;,. ~~
street/number city/zip
2cf.I r~ ~ 1,r.. 3f'~ 3
telephone
Are you over the age of 18? l~
Education: 8.4. 04 uvA
.J,b. - u t'A S- c: t-/oo l- of t.~
Have you been a student, employee, or officer in the City of Roanoke School system?
Ifso, please explain: No
N:lClCUH'\kIIoaI.~.WllO
1
Present employment position:
Finn: W , t.c.. f ~ 1-/ .
4-r,-o IJ..A) ~
\
L&Ni}St:-. Pc
\ )
Date employed: "C.To6~ 1 ,qqJ'"
Civic activities: iiR.ht611- ~,4~r - ~/'=::!::1 $~/(b.( oP ~~ (/~ I
(office(s) held, honors, etc.) , \J
B.A:), ~~ .- Co "'1M I ~ C ~IL - t..~, Jk.. A, () ~ c..,~
\
Availability of time to devote
to this function: 11$ Mu c.H- h1 AJE-~.D
List school related activities: G~.o'AJ Cr. Pr.q · ~. Prcl-/-t 6V~,~"" .'
) J
i3A-a- m'SQ:/~"", "6Pa1-~ aUa(r14.f. -ro .fu;,1f "5.c:~'Ci
List previous experience and special abilities which might qualify you for this
appointmmt: /h"" ONL.1 Pn..tAhoV J ~).~~GE I~ ~ A POS" <.:
-sc..HtxJL '5r1.06vr. /t),,\ Ih~ I 2- ""NIT +- A ~c14,rt'~' IW
W~~ Pu Be-I Co S' c rIoo c.. TWfC tf< IU ,
N:\CKMH1\SCllllal~tioIl.wpd
2
State your philosophy of education:
.I Of: (..1 I::V 6 n-w\-T -6V~~ c.t+t "I) rl-t'f--j nrE: PoTtr.vn It-L TO
U-~ n> 6E. A ~'-PFcJc.. 4lI- PI2.o0u C f'l'JE Co rn ,,~. rr i ~
~ Q.a I't:1NS/d,L.rr". 0& ~ SCHooL. ~~ 'T1) ~Rt:JtltOE ;hv'
\ ---,
~ If I ~ AJ ""~r i IV IN rf1 c..1-4 ~t+ ~ H-c (. D ~ 7lt-c! 0 p,., IL7VN 1'1"\
\
R:> L~^, n 71+~ ~7"'" 0 t::" /-h ~ () A Ife'rt. A-e ," t 1"1
,
AN~ I ~ WH-tck/ ~C.H 'T~7"tC~ IS PIZ<JII dJro {Iff!;- 7Vo(..S 4-
~p'o...r 1Z 6o,c.c....
NOTE:
Deadline for receipt of appUcadoDS
is Friday, March 8, 2002.
RETURN TO: Mary F. Parker, City Clerk
Room 456, Noel C. Taylor Municipal Building
21S Church Avenue, S. w.
Roanoke, Virginia 24011-1536
ALL APPLICATIONS WILL BE OPEN TO THE PUBLIC.
N:\C1<MH1\Sc1lool.~._
3
RALPH K. SMITH
Mayor
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 18, 2002
Council Members:
William D. Bestpitch
William H. Carder
C. Nelson Harris
W. Alvin Hudson, Jf.
William White, Sr.
Linda F. Wyatt
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Re: Martin Luther King Memorial
Dear Mayor Smith and Members of Council:
As I am sure you are aware, the City of Roanoke has struggled to identify a memorial
befitting Dr. Martin Luther King, Jr. Public debate on the issue of renaming Orange
Avenue saw polarization in our community, leaving our City divided on the issue.
Council and the City Manager, in order to mend the fences of division, sought to
establish a committee with the assistance of the local branch of the SCLC that would be
charged with the goal of bringing forward to the City Manager and City Council a
recommendation for a memorial to Dr. Martin Luther King. This committee was
established and its representation was diverse and reflective of the diversity of our City.
The committee met for over 18 months, solicited opinions and suggestions through a
variety of methods and made its recommendation to the City Manager; i.e.: the
renaming of Elmwood Park to Martin Luther King Jr. Park. That recommendation was
received with resistance from some elements in our community, citing the historical
nature of the Elmwood Park name.
An alternative proposal was made to the committee and to the SCLC; i.e.: that the north
side of Elmwood Park consisting of the lily ponds, bordered by Williamson Road, the
Jefferson Lodge, to Franklin Road be designated as Martin Luther King Jr. Plaza, and
that the remainder of the park would keep the name of Elmwood. This alternative was
approved by the committee, the local SCLC, the National Office of the SCLC, and the
King Family Foundation.
The Honorable Mayor and Members
Of the Roanoke City Council
March 18, 2002
Page 2
I would encourage Council to adopt a resolution designating the referenced portion of
Elmwood Park, to be named Dr. Martin Luther King Jr. Plaza, and refer design and cost
issues to the City Manager for review and recommendation to Council.
With kindest regards, I am
WHC:sc
s:;e~4
William H. Carder
Vice-Mayor
DATE:
March 12, 2002
TO:
Mayor and Members of City Council
RE:
Dr. Martin Luther King, Jr. Memorial
Dear Mayor Smith and Members of Council,
The Dr. Martin Luther King, Jr. memorial selection committee
unanimously supports councilman Nelson Harris's and Vice -
Mayor Carder's recommendation. The plaza area of Elmwood
Park north of Bullitt Avenue should be named in honor of Dr.
Martin Luther King, Jr.
Sincerely,
~~ MacMccadden~
Gilbert Butler
./ . Rev. Ed Mitchell!eu: /}J,'/c./j Ii/I
Vice MaYcorrtcard~~r . ~~ Wendy Moore
Hennan a er
Barbara N. Due~ . Hon. Jim Olin
Mary Ellen Goodlatte ~~ r:: ~ Patricia Smith
Brenda Hale AI'fA II J... ;(, ')/-I.tl_
C .' .
Bishop Heath Light
~
~
MAR-14-2002 08:27
0403001250
P.01
Roanoke City COIIJ1clI
215 Church. Awe: SW
Roanoh, VJrgiDia 24011
Marc:h 13,2002
Ile: Dr. Martin l.ather Kiag Me:morial
Dear Il!oauoke City Couac:iI Members,
As spnknpenoD for the Dr. Martin Lather IGug memorial cOllllldttee, I am
~.1l:iag for yoar support in the ftCaCJIftI~aKlatiOD of a memorial for Dr.
KiDg.
We &d daat we haft 81Ipported City Coaocil d~ 6mes of election aad
other pmjects uaderf'lI~ We haft bdieYaI you to be men and women of
:.ICqftt) aad your wonl..
We an: at a piau IlO1V wherein. we Deed to ask for your support. We fed
that it is aaclaI to the Roanoh area that we memorialiR Dr. Kiag by
deeigaatiDg a memorial ia his 1I8IIle. This is the recommeddadon that 1ft
art ..&iring JOIl to support. SollIe of you will soon be lanmg o.t'fia while
othus wiII......1IM to sene aaotber term. StiR others wm be coming on
board to stan their term of senice on the City CotmciL
Some of you ftrbalUed your suppckt at the bq:....:..g of this endea'90r, but
June l"h!:btted yoar ..mds somewhere along the way. As you contemplate
this waDHtt, I ask that you ~,pfttbu the promises add slogaas usaI duriag
yoar time of ampaigDDlg for yo1l1!' position OD Cit:Y CoanciI, suwice to AD
the people of the Roanoke -.alley.
We raIize daat nay~ may Dot be iD agreement of this proposal, bat we
do hdieft that die majorif:Y is. As you ftIIIember what dds cOlllJllittee bas
ac~ed iD the last year a:ad a ~ ~ IIftd you as the City Council
to make a decision aad gift us your support by"VOtiag yes to this ...oposal
on March 18,2002.
SiDcere1y,
PecJ ~'Jn Jnikl.6
Rev. Edward M. MikheD
(Co-dIairmao, Dr. Martin Luther King memorial COftlWltwttee)
TOTAL P.01
Christene A
Montgomery
<camont@juno.com>
03/18/2002 09:09 AM
To; mayor@cLroanoke.va.us. Darlene_Burcham@cLroanoke.va.us
cc: cmontgomery01@fs.fed.us
Subject: Visitor's to City/Safety
Dear Mayor Smith, Members of Council, and Ms. Burcham:
When I invite speakers to meetings in the City sometimes I need to
explain places they can feel free to get out of their car and places they
should be cautious. Finding the right words to explain problem areas
that reflect positive on the City is hard. Adding to my list of warnings
is not good.
Drawing a line through Elmwood Park will divide groups of people, some
with the mentality of protecting their part. It could make it a place
that could force me to question my safety before visiting.
Thanks to each of you for all you do.
Sincerely,
Christene A. Montgomery
Chair, Mayor's Committee for People with Disabilities
home 342-0326; work 265-5244
aD
.
#0+ advrfttL
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
A RESOLUTION renaming a portion of Elm wood Park the Martin Luther King, Jr. Plaza, in honor of
the slain civil rights leader.
WHEREAS, a proposal has been made to rename a portion of E1mwood Park in honor of Dr. Martin
Luther King, Jr., which proposal has been approved by the committee formed to consider the issue, the local
Southern Christian Leadership Conference (SCLC), the National Office of the SCLC, and the King Family
Foundation~
WHEREAS, it appears fitting and proper that an area of the City should be named in order to honor
the slain civil rights leader, Dr. Martin Luther King, Jr.~
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. City Council concurs in the recommendation made to Council that a portion of Elm wood Park,
i.e, the north side of Elm wood Park consisting of the lily ponds, bordered by Williamson Road, the Jefferson
Lodge, to Franklin Road, as shown on the attached map, be designated as Martin Luther King, Jr. Plaza, and
that the remainder of the park keep the name E1mwood Park.
2. The City Manager is requested to cause the renaming of that portion of Elm wood Park to be
noted with the installation of appropriate signs to indicate that this portion is now named Martin Luther King,
Jr. Plaza, and is further directed to review the design and cost issues attendant to this renaming and make a
recommendation to City Council regarding the same.
3. The City Engineer is directed to cause the change in the above public park's name to be
appropriately reflected and noted on all maps and plats lodged in his care.
A TIEST:
City Clerk.
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International Baccalaureate Programme Overview
Roanoke City Council
March 2002
The International Baccalaureate Programme (IB) is a K-12 continuum designed
to offer an excellent, consistent education to students around the world. Roanoke
City Public Schools is the only district in the state of Virginia, and one of the few
in the nation, to explore a K-12 IB option which includes a Primary Years
Programme serving K-S; Middle Years Programme serving grades 6-10 and a
diploma program for students in grades 11 and 12. Currently, the district offers
an IB diploma program at William Fleming High School and a Middle Years
Programme (MYP) housed at William Ruffner Middle School and William
Fleming High School. The district has applied for a second Middle Years
Programme at James Breckinridge Middle School and will apply in June for
authorization of a Primary Years Programme (PYP) at Highland Park Learning
Center. With the addition of these two schools, more than 2,200 students in
Roanoke City are participating in an International Baccalaureate program this
year. The mission of the International Baccalaureate Organization is:
Through comprehensive and balanced curricula coupled with challenging
assessments, the International Baccalaureate Organization aims to assist
schools in their endeavors to develop the individual talents of young people
and teach them to relate the experience of the classroom to the realities of the
world outside. Beyond intellectual rigor and high academic standards, strong
emphasis is placed on the ideals of international understanding and
responsible citizenship, to the end that IB students may become critical and
compassionate thinkers, lifelong learners and infonned participants in local
and world affairs, conscious of the shared humanity that binds all people
together while respecting the variety of cultures and attitudes that makes for
the richness of life.
IB Diploma Programme
William Fleming High School offers the IB diploma, a prestigious college-prep
program that is recognized by colleges and universities around the globe.
It was created by a nonprofit educational foundation based in Geneva,
Switzerland, and is available only at schools that have met the stringent
academic requirements of the IB organization. It is currently available in 1,182
schools in 101 countries.
Initially funded through a federal magnet schools grant, the program began
during the 1994-95 school year when Fleming became an authorized IB site.
Fleming is one of only 30 high schools in Virginia to have the distinction of
offering the IB diploma.
International Baccalaureate is different from other college-prep programs in that
it offers a rigorous, comprehensive study exceeding the Virginia Standards of
Learning, coupled with challenging, external assessments. Courses include
mathematics, sciences, social studies, languages, technology and the arts. To
earn the diploma, students must take a minimum of six end-of-course
examinations in a variety of coursework and earn a minimum of 24 cumulative
points on a 1-7 point scale. In addition, students participate in the Theory of
Knowledge course called by many the "cement" of the IB program. Theory of
Knowledge examines the philosophical differences among various systems of
knowledge crossing all content areas. Students are also required to submit an
extended essay of some 4,000 words and perform a minimum of 150 hours of
community service.
Students may also choose to seek an IB certificate in a specific course. The
certificate is earned by participating in a specific IB course and successfully
passing the IB end-of-course exam. Many students choose to participate in more
than one IB course.
Students' end-of-course exams at the end of their junior or senior year are graded
by over 3,400 IB examiners worldwide using an international standard of
excellence. Students who meet the scoring criteria on the exams are awarded
the IB diploma or certificates. Both are recognized by colleges and universities
worldwide, and the diploma graduates can be awarded sophomore standing in
their first year of college. Additionally, students have better opportunities for
scholarships and easier college admission.
In spring 1997, Roanoke City Public Schools' first IB graduating class included
one full IB diploma graduate and 19 students who received IB certificates. The
program is growing. Currently, 286 students are taking IB classes in grades 6-
12, and this spring, we anticipate 6 full diploma graduates and 27 certificate
students.
Our graduates have been accepted to UVA, the University of Richmond, William
and Mary, Vanderbilt, UNC-Chapel Hill, Spelman College, Brown University,
Univeristy of Chicago, Virginia Tech and Dartmouth College, to name just a few.
The program also involves extensive teacher training in subject areas. Since
1996, more than 161 Fleming-Ruffner and Breckiuridge teachers have
participated in IB (Diploma and MYP) training including more than 100 who
have attended workshops throughout the U.S. as well as in Canada and Puerto
Rico. Subject area training is required because of the depth of content delivered
through the IB courses.
William Fleming recently completed the International Baccalaureate Five Year
Program Review and thus continues its status as a fully authorized International
Baccalaureate Organization (IBO) school.
The Middle Years Programme
In 1998, William Ruffner Middle School became one of the first 10 schools in the
country authorized to offer the IB Middle Years Programme. The program offers a
philosophical framework for teaching various subjects in grades 6-10. The
framework is organized around three fundamental concepts: intercultural
awareness, communication and a holistic view of knowledge. MYP is currently
available at 47 authorized sites throughout the nation. Henrico has the only
other authorized Middle Years Programme in the state.
In 1999, Roanoke City Public Schools received funding to apply for a Middle
Years Programme at James Breckinridge Middle School. The district was
awarded approximately $1 million in a three-year "Innovative Programs" grant
from the u.S. Department of Education. The grant is intended to improve
student achievement at Breckinridge by establishing an IB Middle Years
Programme and an after-school tutoring program. Breckinridge is concluding
the third and final year of the grant. Unlike the magnet center, Breckinridge
serves only students living in its attendance zone; however, with the addition of
Breckinridge, both main feeder schools for Fleming will offer excellent academic
preparation for successful completion of high school.
The Primary Years Programme
Highland Park Learning Center, an elementary magnet school in old Southwest,
is also in the process of applying for authorization to offer an IB program. In
September of 1997, the IB Organization extended its inquiry-based framework to
youngsters age 3 to 12 with its new Primary Years Programme.
The program provides an international approach to learning based on best
research and teaching practices in use at schools around the world. Using an
interdisciplinary approach that combines primarily the subject areas of
language arts and social studies, the PYP program is organized around six
essential questions: Who are we? Where are we in place and time? How do we
express ourselves? How does the world work? How do we organize ourselves and
how should we share our planet? The staff at Highland Park has developed units
that revolve around these questions using the elementary curriculum based on
the Standards of Learning.
Currently, there are 13 authorized Primary Years Programmes in the u.S.
however, dozens of schools throughout the nation have already expressed
interest in the program and are pursuing authorization. Highland Park is
completing its second year of implementation. Schools are required to
implement the program for two years prior to authorization. To date, all staff
members have either traveled to an International Baccalaureate workshop or
participated in on-site training. Authorization is contingent upon the district's
meeting the IBO foreign language requirement. Additional resources are
difficult to fund given the current budget constraints; however, the district
continues to explore ways to deliver foreign language to Highland Park in the
2002-2003 so that the school may be authorized as an International
Baccalaureate Primary Years Programme.
The IB program affords unlimited opportunity for the students of Roanoke City to
compete and succeed on equal footing with students from around the world.
What a privilege it is to offer such prestigious courses of study to our students!
Office of the City Manager
March 18, 2002
The Honorable Mayor
and Members City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I would like to sponsor a request of Dr. E. Wayne Harris, School Superintendent, to present
a briefing on the International Baccalaureate Programme, at the regular meeting of City
Council on Monday, March 18, 2002, at 2:00 p.m.
Sincerely,
~\\ 1 ""<~..__._- ~~c
,.--__~ I; ..'
t--J
Darlene L. Burcham
City Manager
DLB:ca
Room 364 Municipal South 215 Church Avenue. S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.ci.roanoke.va.u5
,.
t~.
Roanol.t;e
City Public Schools
Office of the Superintendent. P.O. l30x 13145, Roanoke. Virginia 24031 · 540-853-2381
March 6, 2002
Mrs. Mary F. Parker, CMC
Clerk, City of Roanoke
215 Church Avenue, SW
Room 456
Roanoke, VA 24011-1536
Dear~~
Roanoke City Public Schools looks forward to the opportunity to present instructional
program updates at City Council meetings. The Superintendent would like to have
Sandra B. Burks, Director of Magnet Programs, present an update regarding the
International Baccalaureate (IB) Programme at the afternoon City Council meeting on
Monday, March 18, 2002.
Dr. Harris envisions the presentation will last approximately 15 minutes and include
students currently enrolled in the IB Programme.
Please call me at extension 2381 or email meatclee@roanoke.k12.va.usif you have
any questions, additional information is needed, or if we are not able to present at the
March 18 meeting.
Unless I hear otherwise from you or a member of your staff, I will ask Ms. Burks and the
students to be in the Council's meeting room by 2:00 p.m. on March 18.
Sincerely,
ein~, eps
Administrative Assistant
to the Superintendent
Excellence in Education
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Briefing
This is to request space on Council's regular agenda for a 15-minute briefing on the
Outdoor Dining.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:ca
c: City Attorney
Director of Finance
City Clerk
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CltyWeb:www.ci.roanoke.va.u5
Roanoke
Public
Libraries
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, SHARED VISION
I
Vision 2001,
Comprehensive Plan
" . . . for Roanoke to be successful in the
new century, it must look for new
opportunities to do business, see old places
in a new way, and recognize and celebrate
Roanoke's urban uniqueness"
Librlry - -
SHARED VISION
Roanoke Public Library System
Strategic Business Plan 2000-2005
Strategic Goal: Customer Service - to ensure that every
citizen is satisfied with library services
Strategic Goal: Economic Development - to contribute
to the economic development of the city of Roanoke
and the Roanoke Valley
14e- ~i~~ I
aw~
Lib[?~ry - ~
SHARED VISION
OUTLOOK ROANOKE UPDATE
"By transforming downtown Roanoke into a
mixed-use district that includes residential and
commercial activity supplemented by strong
civic institutions and visitor destinations,
downtown Roanoke can become a vibrant
neighborhood that serves as a flourishing hub
for the entire region."
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Ubo'ary
Vueto'
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Li~[!~ry - -
Ub[?ary - -
Dr. Seuss Celebration
2002
Liiwry
Main Library Computer Lab
Li~[!(Jry va.-ades and f'estlval
I
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P4TRICK'I ~
D4Y
lUIIIf 11GB
IIOaI' "
@your library
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Li~I?CJry - -
Media Presence
· Library show on R VTV
"Library Links"
· Recent positive coverage in the
Roanoke Times
· On-air opportunities, e.g.,
WVTF (Public Radio), WDBJ,
etc.
I Li~l?~ry -Partnerships
. CouncU of Commwdty Services
. RlIllDOke CIty Schools
. NCCJlLocal Colon
. Literacy Vohmteen
. Festival bt the Park
- Oakey's
. Artemis
. WVTF
- Arts Council
. Southwest Virginia Songwriten Association
. More...
-
-,
, _~., r
Li~I?(J1l - -
I Organizations Using the
Library
-LiteracyVohmteen
- Raleigh Court Gardm Oub
. HIstoric Gainsboro Committee
. NAACP Committee
. Local Colon
- Virginia Cooperative Association
. Southwest Genealogical Association
. Many more...
Library Support System
~ary Administrationl
Public Ubrary Ilalnl IiPublic Library FOU1dlIIionIl Friends of the Ubrary I
Lit)[?CJry - -
LIBRARY
CAFES
3
Li~[?(~ry - ~
Ubrary Cafe
Litx?clry - -
Ubrary Cafe
U~~~ry ~brary Cafe
Li~ry - -
Library Cafe
UbTIlry - -
Library Cafe
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Pror-d Restaurant Site
LibTIlry = BENEFITS OF LIBRARY CAFE
AND RESTAURANT
· Increased customer satisfaction
. Increased library usage
. Build library constituency
. Connection with city market area
. T mIDst attraction and destination point
· Complement city's outdoor dining
efforts
· Positioning of Roanoke as a trendsetter
5
· For Bullitt
Avenue cafe,
remodeling cost
is estimated at
$70,000
· For restaurant
in patio area,
remodeling cost
is estimated at
$145,000
UtxYlry ~ ~
PRO' ECTED COSTS
,
The Roanoke Public Ubrary Is a light in our
community that ___ to be shining few all to
_.
._it can be a special destination fur all ages.
...It can be a centerpiece of community life.
Library will issue RFPs, specifying
that selected vendor(s) will assume
remodeling costs.
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City of Roanoke
Outdoor Dining Application
Permitting Information for Outdoor
Dining on Streets and Sidewalks
Background
This application was developed as a result of the comments expressed by Roanoke citizens and
business representatives during the downtown planning process. In 2001, the City of Roanoke
and Downtown Roanoke Inc. led a community planning effort to update Outlook Roanoke
(Downtown's master plan). Citizens and businesses expressed their support for outdoor dining
and recognized its importance to the vitality and appeal of the Downtown. Indeed, a 2001
retail/entertainment study characterized dining as the most important retail niche in Downtown
Roanoke.
Application
Enclosed is the application containing the procedures and regulations regarding the
establishment of outdoor dining. Please review the application carefully and call the Department
of Public Works if you have any questions.
OUTDOOR DINING APPLICATION
PAGE 1
3/1812002
Steps to the Application Process
1. Complete Application and submit to Department of Public Works with application fee.
Applications will be accepted after October 1 for the following calendar year. Permits
will be issued on a first come-first served basis provided all other requirements are
met.
2. Final approval of this application is contingent upon approval from the Board of
Health. A copy of the approval must be sent to the Department of Public Works.
3. In the case where alcohol will be served, final approval of application is contingent
upon approval from the Virginia Department of Alcoholic Beverage Control. A copy
of the approval must be sent to the Department of Public Works.
Regulations for Outdoor Dining
REGULATIONS FOR OUTDOOR DINING AREAS
1. Usable Space and Allowable Hours of Use -
. Please submit a drawing showing the dimensions of the dining area and the layout of
all objects within the dining area.
. The area must be zoned for commercial use.
. The dining area shall not reduce the area for pedestrians to less than 5 feet between
any obstruction (such as trees, light fixtures, trash receptacles, traffic control devices,
benches, or street signs) and the outer edge of the outdoor dining area. Any outdoor
dining area must include the area that is contiguous to the Permittee's business
location. If a Permittee wishes to use space that is in front of an adjoining property
owner, the Permittee must obtain consent from the adjoining property owner. (See
question "H" on attached application).
. The Permittee may use the dining area from 7 am until 3 am, subject to the
exceptions noted below.
. Food and alcohol service must cease by 2 am.
. By 3 am, in the areas bounded by the Farmer's Market Stalls and Market Square or in
other areas specified by the City Manager, the Permittee is required to have removed
all objects from the public right of way. If all objects are not removed, the City
reserves the right to remove and dispose of them without further notice.
a. The above not withstanding, no Permittee may use an area on a sidewalk
more than three (3) feet from any adjoining building on the west side of
Market Street or south of Market Square from 7 am - 5 pm.
b. Permittees in Market Square may use the dining area only from 6:30 p.m.
until 3 a.m. A Permittee may occupy the space at 6:30 p.m. or earlier, if a
previous lawful user has vacated the area and if all the vehicles and
obstructions are removed so that the area complies with all ADA and other
rules and regulations.
c. Applications can be submitted to use the following sidewalk and street areas
between 6:30 pm and 3 a.m. pursuant to all other regulations outlined above
and below: An application can be submitted to use:
OUTDOOR DINING APPUCATlON
PAGE 2
3/1812002
i. The remaining sidewalk bounded by the farmers market stall ,;
and the adjoining property,
ii. Market Street between Salem and Church
iii. Wall Street between Salem and Campbell.
d. City Parks - Applications for outdoor dining in a park or plaza, in the C-3
Downtown Business District, must be for an area which is contiguous to the
Permittee's business location. The Director of Parks and Recreation or
his/her designee must approve applications. Applications for areas located in
city parks or plazas controlled by Roanoke Parks and Recreation shall
comply with park hours of 6 a.m. to 11 p.m. Special exemptions to this rule
shall be considered by the City Manager for the City of Roanoke or the City
Manager's designee pursuant to the section 24-92 of the Code of the City of
Roanoke (1979), as amended.
2. Allowable Dates and Term - The dates of usage will be January 1 to December 31st
of each year, except for those dates when special events and festivals occur and an
Assembly Permit has been issued by the City. Businesses affected by such special
events and festivals will be notified by the event organizer and other groups that
reserve the right to use the space at least 30 days in advance of the first day of the
event. Parks and Recreation reserves the right to supply more vendors in the case of
an event too large for the contracted vendor to handle, or to allow an event organizer
to do so.
3. Application -
a. The Permittee must submit a $75 Application Fee with the Application.
Permit fee based on the square footage of the outside dining area may be
paid quarterly. The permit fee for the first three months must be submitted at
time of application approval. The Permit fee for the year 2002 is $6.50 per
square foot. The permit fee for the year 2003 is $7.00 per square foot. The
permit fee for the year 2004 and every year thereafter will be $8.00 per
square foot.
b. Applications will be accepted after October 1 for the following calendar year.
Permits will be issued on a first come-first served basis, provided all other
requirements are met.
4. General Design - Please describe in detail and attach photos or drawings of objects
which will be placed on the sidewalk or street, including chains, barriers, tables,
chairs, planters, and trash containers. The design and style of all furniture, planters,
barriers and other objects placed in the right of way shall be architecturally compatible
with all buildings adjoining the outdoor dining area and with other buildings on the
street block face. All of such items should be similar colors, materials, and design
style whenever possible. Do not purchase any of such items prior to receiving a
permit from the City Manager. The City Manager or the City Manager's designee
reserves the right to approve the style, design, materials and color of all chains,
barriers, tables, chairs, planters and trash containers placed on the sidewalk or the
street.
a. Fences, chains, and barriers should be sturdy wrought iron, painted metal or
wood. If the Permittee intends to serve alcohol in the outdoor area, the
OUTDOOR DINING APPUCATlON
PAGE 3
3/18/2002
design of the barrier should also comply with the Virginia Department of
Alcoholic Beverage Control's regulations.
b. Tables and chairs should be made of sturdy metal, wood or fiberglass, or any
combination thereof.
c. Planters should be compatible in terms of design, scale, materials and color
with other elements of the outdoor dining area. They should also be easily
removed during periods of non-use.
d. Trash containers should be compatible in terms of design, materials, and
color with other elements of the cafe and shall only display restaurant
identification name. Trash containers can only be located within the dining
area.
e. Serving Station - any serving station should be compatible in terms of
design, materials and color with other elements of the outdoor restaurant and
should be located within the dining area. The station should also be easily
removed during periods of non-use.
f. Umbrellas. If umbrellas are used they may contain a maximum of two colors
that are compatible with the tables, chairs and barriers. The size of the
umbrellas must comply with the regulations of the Board of Health.
g. If new objects are purchased that were not described in the original
application, then the Permittee must submit the description of the new objects
for approval.
5. Logos, advertising, and signage used on furniture and related items are permissible
under the following guidelines:
a. Logos printed or sewn onto chair backs shall not exceed 90 square inches
and can only be placed on the chair backs. Logos that are stamped into the
metal on the chair backs must contribute to the design.
b. Umbrellas: A maximum of 200 square inches of advertising, including any
logo, is allowed on each umbrella.
c. Entrance and or identification sign for the dining area is limited to five (5)
square feet in total sign area. It must not exceed four (4) feet in height. The
sign can be freestanding or it can be attached to the barriers that distinguish
dining areas. A sign permit will be required. (See attached application.)
6. Rules and Regulations - The Permittee must comply with all applicable rules,
regulations, ordinances, laws or statutes, including the Americans with Disabilities Act
and those regulations promulgated or enforced by the Virginia Alcoholic Beverage
Control Board and the Board of Health.
7. Repairs - The City maintains the right to enter the outdoor dining area at any time for
inspecting the area, ascertaining compliance with conditions of the permit or making
any repairs to the sidewalks or streets. The Permittee shall keep and maintain the
outdoor dining area in good and complete state of repair and condition, except for
ordinary wear and tear.
OUTDOOR DINING APPUCAllON
PAGE 4
3/1812002
8. Environmental Matters -
'<~\
a. The Permittee agrees that it will not introduce onto the outdoor dining area
any toxic, hazardous or dangerous materials unless such material is stored,
safeguarded, or used in accordance with applicable laws and regulations.
b. The Permittee shall frequently monitor the area for garbage, trash, refuse,
other waste materials, and adequate sidewalk clearance. The Permittee
shall maintain the outdoor dining area in a clean and usable state and must
protect the right of way from damage. Any food, drink or other items spilled
on right of way must be properly cleaned and removed for the safety of
pedestrians and for environmental concems. Tables, chairs and other
objects shall not be stacked or stored outdoors on the public right of way.
c. The Permittee hereby agrees to use and occupy the outdoor dining area in a
safe and reasonable manner and in accordance with applicable laws.
d. Adequate lighting must be provided to comply with Commonwealth of Virginia
Department of Alcoholic Beverage Control regulations (if applicable) and
pedestrian traffic.
9. Insurance - This permit shall be conditioned upon the permittee's maintaining
general public liability insurance, naming the City, its officers, employees, and agents
as additional named insured's with respect to the construction, maintenance, use,
operation or removal of any items, such as tables, chairs, chains, barriers, fences,
planters, signs and trash containers, or the conducting of outdoor dining activities in
the public right of way or on public property, in the amount of not less than
$1,000,000, and filing with the City's Risk Manager a current certificate of insurance,
demonstrating continued compliance with this subsection. Such insurance shall not
be cancelled without thirty (30) days written notice to the City. A certificate of
insurance, endorsed by the insurer, as to the above, must be attached to this permit
application.
Definitions:
Market Square = (diagram with shaded in areas)
West Side of Market Street = (diagram with shaded in areas)
OUTDOOR DINING APPUCATlON
PAGE 5
3/1812002
--
"
, t
.
City of Roanoke Outdoor Dinina Application
Please Return To: Department of Public Works, 215 Church Ave., S.W., Room 357, Roanoke, VA 24011
Phone 540-853-2741
A. Infonnation on Prooertv Aoolied For:
C. Prooertv Owner Infonnation (If not aoolicant)
Address
Name:
Address:
City Tax Map No.:
Phone (8)
(H)
B. Aoolicant Infonnation
D. Attach the FollowinQ Infonnation:
Name:
_ Description, Photos or cutsheets of all
furniture
Legal Business Name:
Address:
_ Drawings of Outdoor Dining Area
Certificate of Insurance
_ Sign Pennit Application
_ Application Fee
Phone: (B)
(H)
E. Hours of operation in outdoor dining area
Months of operation
Amount of Square Feet Requested
F. Sianature of Applicant
I understand and agree to comply with all rules, regulations,
ordinances, laws, statutes or conditions imposed by the City of
Roanoke applicable to this pennil
G. Property Owner Pennission (If Not Applicant)
I have read this application and hereby give my consent
to its submission
SIGNATURE OF PROPERTY OWNER
DATE
~1r.NAT1IRI= nl= APPIIr.ANT
nATI=
H. If Pennittee plans to use adjoining property, signature(s) of owner(s) of affected property (Properties) must be obtained.
I consent to pennitting
December 31 of the year
to conduct outdoor dining in front of tax #
through
.
SIGNATURE OF PROPERTY OWNER
DATE
temalofficeadministration
ofPeim
OUTDOOR DINING APPUCATlON
PAGE 6
3/1812002
-' _ _.. _.__ .._ .........:. _~ ~;:+4' ..,~..~ ..~. "._ ,j,.. _
DRAFT
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
;:.~
AN ORDINANCE amending, reordaining, and renammg ~30-9.1, Sidewalk
obstructions, Article 1, In general, Chapter 30, Streets and Sidewalks, of the Code of the
City of Roanoke (1979), as amended, to provide for an outdoor dining permit program to
be implemented within the City of Roanoke, and directing amendment of the Fee
Compendium; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke, as follows:
1. Section 30-9.1, Sidewalk obstructions,. Article 1, In general, Chapter 30,
Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained to read and provide as follows:
~30-9.1. Outdoor dining.
The city manager shall be authorized to issue permits to authorize
placement of easily movable items, such as tables, chairs, planters, trash
receptacles, barriers and chains, and other related items, upon designated
portions of the public right-of-way and public property in any area of the city
for the purpose of permitting the area to be used by the permittee for outdoor
dining. Such permits may be issued on the following terms and conditions:
(1) Such permits may be issued only to such persons or entities
which own or lease property in the City of Roanoke and which are licensed
by the Virginia Department of Health to serve food on or from such owned or
leased property. Such owned or leased property shall be referred to in this
section as the permittee's premises.
(2) Such permits shall be revocable with or without cause in the
discretion of the city manager. Upon revocation of a permit and notice to the
permittee, the city manager shall be authorized to remove any items previously
03/11102
1
permitted to be placed in the public right-of-way or on public property and ,~
dispose of the same.
(3) The issuance of such permits shall be conditioned upon the
permittee's agreement to indemnify and hold harmless the city, its officers,
employees and agents, from all claims, demands, damages, actions, causes of
action, or any fine or penalty, or suits of any kind whatsoever, either at law or
in equity, including any claim for court costs or attorney fees, for theft,
damage to property, injury to person, or death, arising out of the construction,
maintenance, use, operation or removal, of any items permitted in the public
right-of-way or on public property, or out of the conducting of outdoor dining
activities in the public right-of-way or on public property.
(4) The issuance of such permits shall be conditioned upon the
permittee's maintaining general public liability insurance, naming the city, its
officers, employees and agents, as additional named insureds with respect to
the construction, maintenance, use, operation, or removal of any items, such
as tables, chairs, planters, trash receptacles, barriers and chains, and other
related items, or the conducting of outdoor dining activities, in the public
right-of-way or on public property, in the amount of not less than one million
dollars ($1,000,000.00), and filing with the city's risk manager a current
certificate of insurance, demonstrating continued compliance with this
subsection. Such insurance shall not be cancelled without thirty (30) days
written notice to the city.
(5) The issuance of such permits shall be conditioned upon the
permittee's complying with all applicable rules, regulations, ordinances, laws
or statutes, including those regulations promulgated or enforced by the
Virginia Alcoholic Beverage Control Board and the Virginia Board of Health.
(6) The permit issued pursuant to this section shall not be
transferable.
(7) Application for all of such permits for the purpose of permitting
an area to be used by a permittee for outdoor dining shall be made on forms
provided by the city.
(8) The city manager may promulgate additional terms or conditions
applicable to any or all of such permits issued for the purpose of permitting
an area to be used by the permittee for outdoor dining which are not
inconsistent with the provisions in this section. Violation of any of
such terms or conditions may result in revocation of a permit.
03111/02
2
(9) The application fee and any annual permit fee for any permit ;~
issued for the purpose of permitting an area to be used by a permittee for
outdoor dining pursuant to this section shall be in such amounts as are
prescribed, from time to time, by the City Council and published in the City's
fee compendium. Such fees shall be in addition to any other applicable fees
required by this Code, or other applicable law, ordinance, rule or regulation.
(10) Upon the issuance of any permit under this section, the city
manager shall specifically designate the portion or portions ofthe public right-
of-way or public property upon which easily removable items, such as tables~
chairs, planters, trash receptacles, barriers and chains, or other related items,
may be placed. Such a designated area or areas shall be in close proximity to
the permittee's premises. If the designated area or areas do not adjoin the
permittee's premises, the permittee must obtain the written consent of the
owner or lessee of any private property which the designated area or areas
adjoin.
(11) Nothing contained in this section shall be construed to relieve
any permittee from liability for any negligence or recklessness with respect to
the placement or maintenance of easily removable items, such as tables~
chairs, planters, trash receptacles, barriers and chains, and related items, or any
other exercise of the privileges authorized by such permit.
(12) The decision of whether to grant an outdoor dining permit shall
be exclusively that of the city manager. In deciding whether to issue an
outdoor dining permit, the city manager shall consider whether the permittee,
by conducting outdoor dining, will promote the general welfare and economy
of the City, whether the permittee has complied with all of the requirements
of this section and any regulations promulgated by the city manager, and
whether the activity will unreasonably interfere with the flow of pedestrians
or motor vehicles or otherwise present a hazard or threat to the general public
health, safety and welfare.
2. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by the City Council by Resolution No. 32412-032795, adopted
March 27, 1995, effective as of that date, as amended, shall be amended to include an
application fee of$75.00, and annual permit fees as follows: $6.50 per square foot of space
permitted by the city manager for calendar year 2002, $7.00 per square foot of space
03/11102
3
permitted by the city manager for calendar year 2003, and $8.00 per square foot of space
permitted by the city manager for calendar year 2004, as set forth in the letter dated
March 18, 2002, from the City Manager to this Council.
3. Pursuant to ~ 12 of the City Charter, the second reading of this ordinance by
title is hereby dispensed with.
ATTEST:
City Clerk.
03/11/02
4
Outdoor Dining
in Roanoke
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.............................-............-_...............-........................
· Asset to residents and visitors
· Potential to increase business for
restaurants
· Vibrant downtown atmosphere
· Met with Downtown Roanoke, Inc.
(DRI), restaurant owners and other
City staff
· Researched other cities
..c......,...,',.,._.....,.....,.....,.................,....._._......._._._._._..._.,.,....._._._..........'.........-...-.-.-.-.-...,.,.,...,.......-.......,........-.-.-.-.....,'..........
............................lgl'piillQ~ig.I"gil>.........................................
· American with Disabilities Act (ADA)
· Alcoholic Beverage Control (ABC)
· Health Department
· Policing
· Fire Marshal
. Trash Collection
· Street Cleaning
· Traffic
.~\
I
....."..w.m.Emm..r~....OIat.q..'..QI..I.tlP......................
. Need to amend Ordinance Sec. 30-9.1
· Develop Outdoor Dining Permit
Application
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.-.-.-.-...........'.'...-.-.'...-.-.-.....'.......-...-.................-...-.-...'.'.'.......-.-...-,..'.'....-...,.,'.
. WHERE will outdoor dining be allowed?
- All Commercial Districts in Roanoke
- Sidewalks and designated streets
. EXCEPTIONS to areas of operation
- Restricted space for dining in Fanner's
Market area due to the Market hours of
operation.
. Description/Drawings
. Pedestrian safety and ADA compliance
. One year term
. Priority - Application Deadline - October 1 for the
following calendar year. First come, first served.
2
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..... .................................................,..,.............,..,.
. Application Fee and Rates
- $75 plus per square foot fee
. $6.50 in 2002
. $7.00 in 2003
. $8.00 in 2004 and every year thereafter
. When will outdoor dining be allowed?
- Hours of use - 7 am - 3 am
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· Rules and Regulations - Zoning, Board
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· Environmental Matters - keeping area
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· Insurance - $1 Million required
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· Expanding options for diners and
improving the overall vitality of the
City is the goal. The intent is to be
revenue neutral.
· Helps to retain and expand businesses.
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. DRI voted on March 12,2002 to support
. Interested businesses in the Market area:
. Saltori"s
. Chris' Big Dog
. Tavern on the Market
. First Street
. On the Rise
4
MAR-12-2002 18:12
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Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor, and Members of City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Subject:
Briefing
This is to request space on Council's regular agenda for a 10-minute briefing on the
Residential Parking.
Darlene L. Bur
City Manager
DLB:ca
c: City Attorney
Director of Finance
City Clerk
Room 364 Municipal South 215 Church Avenue. S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CltyWeb:www.ci.roanoke.va.us
Address of Resident Parking Option
108 Salem Avenue Norfolk Avenue between Salem Avenue and Norfolk Avenue, north side
20 & 24 Campbell Avenue Recommend parking deck only
24 Church, East Recommend parking deck only
23, 24 & 25 West Church 154 feet of 1-hour on south side and 54 feet of 1-hour on north side
35 Luck Avenue 95 feet of half-hour on south side
Elm Manor 32 Elm Avenue 97 feet of 1-hour
124 Kirk Avenue 83 feet of 1 hour on north side of Kirk Avenue
118, 120, 121 Campbell 132 feet of 1-hour on north side near 1 st Street
135 Salem Avenue 63 feet of half-hour parking on 1 % Street, west side
Potential
Downtown Residential
Perm
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Parking Areas
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CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #303-369
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35768-031802 authorizing the City Manager to
execute a new Parking Agreement between the City and First Union National Bank (FUNB)
to become effective retroactively to December 16, 2001; and further authorizing the City
Manager to renew the Parking Agreement for up to two additional one year periods.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18,2002.
^IY~ J. ,a~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Douglas Norris, Vice-President, CLS, First Union National Bank, 10 South Jefferson
Street, Roanoke, Virginia 24011
Jesse A. Hall, Director of Finance
Elizabeth A. Neu, Director of Economic Development
Deborah J. Moses, Parking Coordinator, Economic Development
N:\CKMHI\Agenda.02\March 18,2002 corespondence.wpd
p{
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35768-031802.
A RESOLUTION authorizing the City Manager to execute a new Parking Agreement between
the City and First Union National Bank (FUNB) to become effective retroactively to December 16,
2001; and authorizing the City Manager to renew the Parking Agreement for up to two additional one
year periods.
WHEREAS, the City and FUNB entered into a Parking Agreement dated October 14, 1998,
providing for parking permits in the Tower Parking Garage from December 16, 1998, through December
15, 1999, and which provided for two renewals thereafter; and
WHEREAS, the City granted FUNB two renewals of the 1998 Parking Agreement, which
tenninated on December 15, 2001; and
WHEREAS, FUNB has requested a new Parking Agreement with the City that will provide for
FUNB to purchase a minimum of 175 and a maximum of 200 parking permits for a one year period of
time from December 16, 2001, through December 15, 2002, with up to two one year renewals, at a rate
of$45 per parking permit per month in order for FUNB to have parking spaces available for the 175 job
positions FUNB has agreed to maintain in Roanoke's Enterprise Zone One; and
WHEREAS, City Council believes it to be in the best interest of the City to provide FUNB the
parking permits.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City Manager and the City Clerk are hereby authorized on behalf of the City to
execute and attest, respectively, a new Parking Agreement between the City and FUNB for a one year
period, from December 16, 2001, through December 15, 2002, with up to two one year renewals, that
1
will provide that FUNB will maintain 175 job positions in Roanoke's Enterprise Zone One, that FUNB
may purchase a minimum of 175 and up to a maximum of 200 parking permits for the one year and/or
renewal period at a rate of$45 per parking permit per month, and that will provide such other terms and
conditions as the City Manager deems appropriate, all as more fully set forth in the City Manger's letter
to Council dated March 18, 2002.
2. The new Parking Agreement will be substantially similar to the one attached to the above
mentioned City Manager's letter, and shall be approved as to form by the City Attorney.
3. The City Manager is further authorized to renew the Parking Agreement for up to the two
one year renewal periods mentioned above and to take such action and execute such documents as may
be reasonably necessary to provide for the implementation and administration of such Parking
Agreement.
ATTEST:
City Clerk.
H:\M_1Iimb poricing agreement 2001
2
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Parking Agreement
between the City of Roanoke and
First Union National Bank
Background:
The City of Roanoke and First Union National Bank entered into a Parking
Agreement in October 1998 for the provision of 200 parking permits in the Tower
Parking Garage for its full time employees who work in the City's Enterprise Zone
One. The Agreement was renewed in 1999 and 2000 with an expiration date of
December 15, 2001. This Agreement did not provide for any further extensions.
First Union National Bank has requested that the City consider a new parking
agreement for the provision of 175-200 parking permits effective retroactively,
from December 16, 2001 until December 15, 2002 in order to help maintain these
employees within the City's Enterprise Zone One. This agreement shall allow for
up to two (1) year extensions upon mutual agreement of the City and FUNB.
Considerations:
This Parking Agreement will allow the bank to purchase 175 parking permits for
the Tower Garage or such other City owned/controlled parking facility which may
be mutually agreed upon by the City and First Union National Bank, at a monthly
rate of $45.00 per parking permit per month and for the purchase of up to twenty-
five (25) additional permits in City owned or controlled parking facilities as
determined by the City should these permits be needed. This $45.00 per permit
rate is an increase over the $40.00 rate contained in the previous parking
agreement and provides a contributing factor for FUNB to maintain 175-200
qualifying positions within the City's Enterprise Zone One. Annual reporting is
required in order to assure that First Union National Bank maintains its
employment commitments. Failure to meet these commitments would require the
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb: www.ci.roanoke.va.us
Honorable Mayor and Members of Council
March 18, 2002
Page 2
repayment of the difference between the contracted rate and the published
monthly parking rate for the garage for which the permits were issued as more
fully set out in the draft Parking Agreement attached to this letter.
Recommended Action:
City Council authorize the City Manager to enter into a one year Parking
Agreement with up to two (1) year renewals in a form substantially similar to the
one attached to this letter, effective retroactively from December 16,2001, with
First Union National Bank for the provision of 175-200 parking permits in order to
help enable the maintenance of these full time First Union National Bank
employees in Enterprise Zone One in downtown Roanoke, and, to authorize the
City Manager to take such action and execute such documents as may be
reasonably necessary to provide for the implementation and administration of
such Parking Agreement, including the authority to renew the agreement for up
to the two renewals mentioned above.
Respectfully submitted,
~
Darlene L. Burcham
City Manager
DLB: djm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Elizabeth Neu, Director of Economic Development
Douglas Norris, First Union National Bank
#CM02-00047
PARKINGAGREEMENT
THIS PARKING AGREEMENT is dated , 2002, by and between the CITY OF ROANOKE,
VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia,
hereinafter referred to as tltlCity," and FIRST UNION NATIONAL BANK, formerly known as First Union
National Bank of Virginia, both hereafter referred to as "FUNB."
WITNESSETH:
WHEREAS, FUNB has agreed to maintain a minimum of 175 permanent full time job positions in Roanoke CitJ
Enterprise Zone One; and
WHEREAS, this maintenance of positions will require parking permits for the persons who now or in the future will
fill those positions; and
WHEREAS, the City desires to make parking permits available to FUNB for the purpose of making parking
available to the persons who are or will be in those positions.
NOW, THEREFORE, the parties mutually agree as follows:
SECTION1.DEFINITIONS.
For the purpose of this Parking Agreement, the following words and phrases shall have the following meanings
unless otherwise indicated:
A. The term "equivalent position" shall mean a qualified job position as defmed below that provides the same
or greater salary and benefits as the position it replaces.
B. The term"qualifying or qualified positi~nshall mean a permanent, staffed, full-time or permanent
full-time equivalent (40 hours per week) job in which the person who is employed by FUNB and who is
staffmg that job is permanently located in Roanoke's Enterprise Zone One.
C. The term "Roanoke's Enterprise Zone On~ shall mean the area designated as Enterprise Zone One as
shown on the Enterprise Zone One map located in the Cit)'s Department of Economic Development.
MAINTENANCE OF OUALIFYING POSITIONS.
SECTION 2.
FUNB agrees to maintain in Roanok~ Enterprise Zone One 175 qualifying positions or equivalent positions until
at least midnight of December 15, 2002, and during the term of any renewals of this Parking Agreement. Should
FUNB fail to maintain the said 175 qualifying positions as set forth in this Parking Agreement, or otherwise fail to
comply with any of the terms of this Parking Agreement, then this Parking Agreement may be terminated by the
City and FUNB will also comply with any payment or repayment obligations to the City as set forth in this Parking
Agreement.
SECTION 3.
PARKING PERMITS.
A. FUNB hereby agrees to purchase from the City and the City agrees to provide 175 parking permits pursuant
to the terms of this Parking Agreement, provided, however, FUNB may purchase up to an additional 25
parking permits as set forth in Section 3(B) below. These parking permits will be for use as set forth herein,
during normal business days and hours. FUNB agrees and acknowledges that the parking permits that it
purchases under this Parking Agreement do not provide any right or interest in any specific parking space
within the garage for which the parking permit is issued. The parking permit only provides the right to park
a vehicle in the garage for which the permit is issued and the permits to be provided under this Parking
Agreement will be for the Tower Parking Garage, or such other parking garage as the parties may agree in
the future. Furthermore, FUNB acknowledges and agrees that the number of parking permits assigned to
H:\AGMfSIFUNB PARKING AGREEMENT
anyone garage is not guaranteed and may be changed from time to time as the parties may agree, so long as
the total number of parking permits provided to FUNB and for which FUNB will pay as set forth in this
Parking Agreement totals at least 175, plus any additional parking permits (not to exceed 25) as set forth
below.
B. During the term of this Parking Agreement, FUNB may purchase from the City up to 25 additional
supplemental parking permits (additional supplemental permits), with the total of all types of parking
permits under the Parking Agreement not to exceed 200, and provided that such additional supplemental
permits will only be for use in the Tower Parking Garage or such other parking garages as the City may
designate in the future. For each of the additional supplemental permits which FUNB may receive from the
City pursuant to this Parking Agreement, FUNB agrees to pay the City the amount set forth in Section 5 of
this Parking Agreement. The additional supplemental permits will only be made available at those rates
after FUNB has provided for each additional supplemental permit it requests sufficient documentation that it
has created or relocated additional qualifying positions in Roanola Enterprise Zone One over and above
the minimum 175 qualifying positions required by this Parking Agreement. Furthermore, these additional
supplemental permits will only be provided by the City if available and the City, in its sole discretion,
determines that such additional supplemental permits should be made available. FUNB may request in
writing such additional supplemental permits at any time through tkeIlilitytor of Economic
Development. However, once any additional supplemental permits are provided to FUNB by the City,
FUNB may only cancel any or all of such permits only at the time FUNB makes the annual report to the City
referred to in Section 7(A) of the Parking Agreement. Such additional supplemental permits will be subject
to the terms and conditions of the Parking Agreement, including that should FUNB violate any of the
provisions of the Parking Agreement, FUNB will pay the City for such additional permits in the same
manner as FUNB would be required to pay for the permits referred to in Section 7 of the Parking
Agreement.
C. Each of the parking permits will be subject to any applicable rules and regulations applicable to other
parking permits issued for any of the garages for which they are issued. Furthermore, FUNB agrees that the
parking permits are only for the use of FlJNB)fficers and employees and that FUNB and any of its
officers or employees who may use the parking permits will abide by and be subject to the Rules and
Procedures for monthly users of the particular parking garage to which the particular permit applies,
including, but not limited to, any card deposits or charges for lost cards, display of visor tags, any limitation
on liability, and the signing of a permit agreement by each user of a permit.
SECTION 4.
TERM.
The term of this Parking Agreement shall be from December 16, 200l(retroactivelv) through December 15,2002,
at which time it shall end, unless renewed as herein set forth and in which case it shall end at the expiration of the
renewal period, which would be either December 15, 2003, or December 15, 2004, unless sooner terminated as
provided for in this Parking Agreement or in accordance with the law. Upon mutual agreement of the parties, this
Parking Agreement may be renewed for up to two additional one year periods provided FUNB complies with the
terms ofthis Parking Agreement, including the maintenance of the 175 qualifying positions. Should either party wish
to renew this Parking Agreement for any additional periods, the party requesting the renewal shall notify the other
party in writing of such request to renew no earlier than six months before the expiration of the then current Parking
Agreement, but no later than sixty days before the expiration of such Parking Agreement. After receipt of such
request, the party receiving the request will notify the requesting party within forty-five days ofreceiving the renewal
request if it agrees to a renewal of this Parking Agreement and the terms of any such renewal. If no response is made
by the nonrequesting party or received by the requesting party within the forty-five day time period, the renewal
request will be deemed to be rejected.
SECTION 5.
COST OF PARKING PERMITS.
A. FUNB agrees to pay for the above 175 parking permits and for any additional supplemental permits FUNB
receives (regardless of whether FUNB uses any or all of the permits) for the term of this Parking Agreement,
2
H:\AGMTSIFUNB PARKING AGREEMENT
December 16,2001, through December 15,2002, and for any renewal period as set forth in Section 4 above,
the sum of $45.00 per month per parking permit for a total minimum monthly amount of $7,875.00 per
month. The cost of any additional supplemental permits will be in addition to this amount and paid for at
the same rate of $45 per month per permit.
B. FUNB will make the above payments in advance of use by the fifteenth of each month by one
check, submitted monthly for the parking costs, payable to the City of Roanoke c/o Allright
Parking, 15 East Campbell Avenue, SE, Roanoke, Virginia 24011, or at such other location
as the City may designate to FUNB in writing. Such monthly payment shall be made by the
fifteenth of each month except that the payments for December 15,2001, and through
March 15,2002, have been paid as of the date of this Agreement. In the event that FUNB
shall fail to make such monthly payment by the fifteenth of the month, the City, at its option,
and upon ten dayswritten notice to FUNB, may terminate this Parking Agreement. Any
payment made byFUNB past the fifteenth of any month will be subject to an 8% late fee on
the entire amountdue for that month.
SECTION 6.
ASSIGNMENT.
FUNB agrees that the parking permits purchased under this Parking Agreement are solely for the use of the officers
and employees ofFUNB and are not transferable or assignable to any other entity or individual and that such permits
or the rights and obligations thereunder may not be sold, assigned, or transferred at any time by FUNB without the
prior written consent of the City Manager.
SECTION 7.
CANCELLATION OR TERMINATION.
A. FUNB agrees to maintain the 175 qualifying positions until at least midnight of December 15,2002, and
during the term of renewals of this Parking Agreement. FUNB will report on an annual basis to the City,
through the Director of Economic Development in the Cit)Department of Economic Development, on
December 15th of each year for which this Parking Agreement is in effect, including any renewal period,
starting on December 15, 2002, information sufficient to allow the City to determine that FUNB has
maintained the 175 qualifying positions as called for by this Parking Agreement. If there is a decrease in
the number of qualifying positions for any reporting year that is below the 175 qualifying positions, but not
below 170 qualifying positions, then FUNB will pay to the City for that entire reporting year (the prior 12
month period) the difference between the current monthly rate then charged to the public and the monthly
rate that FUNB is paying at that time (the "rate difference amount") multiplied by the number represented by
the decrease in the number of qualifying positions for that year multiplied by 12 plus the rate difference
amount for each additional supplemental permit FUNB had or received during that reporting year for each
month FUNB had such additional supplemental permit. However, if there is a decrease in the number of
positions on any reporting date below 170 qualifying positions, the City may, upon ten days written notice to
FUNB, terminate this Parking Agreement and call for FUNB to pay to the City for that entire reporting year
the rate difference amount for each of the 175 parking permits and for any additional supplemental permits
FUNB had or received during that reporting year for each month FUNB had such additional supplemental
permits, or, at the sole option and discretion of the City, FUNB will pay to the City for that entire reporting
year the rate difference amount multiplied by the number represented by the decease in the number of
qualifying positions for that year multiplied by 12 plus the rate difference amount for each additional
supplemental permit FUNB had or received during that reporting year for each month FUNB had such
additional supplemental permit.
B. If FUNB fails to make the annual report referred to in Section 7(A), it shall be conclusively deemed that
FUNB has failed to maintain the 175 qualifying positions required by the Parking Agreement and that the
number of qualifying positions is below 170, and the City may proceed with any and all rights and remedies
the City has under this Parking Agreement and/or by law.
3
H:\AGMfSIFUNB PARKING AGREEMENT
C. This Parking Agreement may be terminated by the City, upon ten days written notice to FUNB, should
FUNB breach any of the terms of this Parking Agreement or fail to comply with any of FUNR obligations
required by this Parking Agreement. Should this Parking Agreement be canceled or terminated, FUNB will
be responsible for paying for each parking permit and each additional supplemental permit FUNB had or
received an amount equal to what FUNB would have paid for the entire 12 month period of the then current
term of this Parking Agreement at the current monthly rates charged to the public during that same time
period, with credit for any monies actually paid to the City during that time period, or, at the CitJ option,
an amount calculated in accordance with Section 7(A) above. Furthermore, FUNB will be responsible for
paying the current monthly rate for any of those parking permits it may be allowed to continue to use.
D. Any payments required under any part of Section 7 shall be made by FUNB to the City within 20 days after
receiving written notice to pay the same. Also, any amounts required to be paid pursuant to Section 7 will
bear interest at the rate of 8% per annum from the date of the month for which such amounts are due.
SECTION 8.
MATTERS BEYOND THE CONTROL OF THE CITY.
The City shall have no liability or responsibility of any type to FUNB or its subsidiaries or its employees, officers, or
agents for any failure to provide parking spaces for any of the parking permits it provides under this Parking
Agreement that may be due to causes beyond the Citys control, including, but not limited to, accidents, acts of God,
weather, failure of equipment, strikes, lockouts, damage to the parking facility, or any orders or regulations of any
federal, state, or local government body. If any parking spaces are not available for more than 5 consecutive business
days due to any such reasons, FUNB will only be entitled to a prorated reduction of the monthly charges for any
parking permits for which parking spaces are not available.
SECTION 9.
DEFAULT BY THE CITY.
In the event of any default, nonperformance, or breach of any of the terms or conditions of this Parking Agreement by
the City, FUNB agrees that the Ci~ liability hereunder shall be limited to a prorated repayment of monies paid to
the City or a deduction from any payment due from FUNB to the City for any parking permits that are not able to be
used due to such default, nonperformance or breach for the period of time of such inability to use those permits.
SECTION 10. NONDISCRIMINATION.
A. During the performance of this Agreement, FUNB agrees as follows:
i. FUNB will not discriminate against any employee or applicant for employment because of race,
religion, color, sex, national origin, age, disability, or any other basis prohibited by state law
relating to discrimination in employment, except where there is a bona fide occupational
qualification reasonably necessary to the normal operation of FUNB. FUNB agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
ii. FUNB in all solicitations or advertisements for employees placed by or on behalf of FUNB will
state that FUNB is an equal opportunity employer.
iii. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation
shall be deemed sufficient for the purpose of meeting the requirements of this section.
B. FUNB will include the provisions of the foregoing Section A (i, ii, and iii) in every subcontract or purchase
order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.
SECTION 11. COOPERATION.
Each party agrees to cooperate with the other in executing any documents necessary to carry out the intent and
4
H:IAGMfS1FUNB PARKING AGREEMENT
purpose of this Agreement.
SECTION 12. COUNTERPART COPIES.
This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original,
but all of which together shall constitute a single instrument.
SECTION 13. SEVERABILITY.
If any provision of this Parking Agreement, or the application of any provision to a particular entity or circumstance,
shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this
Parking Agreement shall not be affected and all other tenns and conditions of this Parking Agreement shall be valid
and enforceable to the fullest extent pennitted by law.
SECTION 14. NONWAIVER.
FUNB agrees that the Ci~ waiver or failure to enforce or require perfonnance of any tenn or condition of this
Parking Agreement or the City's waiver of any particular breach of this Parking Agreement by FUNB extends to that
instance only. Such waiver or failure is not and shall not be a waiver of any of the tenns or conditions of this Parking
Agreement except as set forth herein, or a waiver of any other breaches of this Parking Agreement by FUNB and
does not bar the City from requiring FUNB to comply with all the tenns and conditions of this Parking Agreement
and does not bar the City from asserting any and all rights and/or remedies the City has or might have against FUNB
under this Parking Agreement or by law.
SECTION 15. FORUM SELECTION AND CHOICE OF LAW.
By virtue of entering into this Parking Agreement, FUNB submits itself to a court of competent jurisdiction in the
City of Roanoke, Virginia, and further agrees that this Agreement is controlled by the laws of the Commonwealth of
Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of
the Commonwealth of Virginia.
SECTION 16. AUDIT.
FUNB agrees that the City or any of its duly authorized representatives shall have access to any infonnation, books,
documents, papers, and records of FUNB which are pertinent to this Parking Agreement for the purpose of making
an audit, examination, excerpts, transcriptions, copies, verification of any infonnation or figures provided to the
City by FUNB, or obtaining infonnation related to this Parking Agreement.
SECTION 17. SUCCESSORS AND ASSIGNS.
The tenns, conditions, provisions and undertakings of this Parking Agreement shall be binding upon and inure to the
benefit of each of the parties hereto and their respective successors and assigns.
SECTION 18. CAPTIONS AND HEADINGS.
The section captions and headings are for convenience and reference purposes only and shall not affect in any way
the meaning or interpretation of this Parking Agreement.
SECTION 19. FAITH BASED ORGANIZATION.
Pursuant to Virginia Code Section 2.2-4343.1. be advised that the City does not discriminate
against faith-based organizations.
5
H:\AGMTSIFUNB PARKING AGREEMENT
SECTION 20. NOTICE.
All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt
requested or by a nationally recognized overnight courier, addressed as follows (or any other address or facsimile
number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the
facsimile number set forth below:
If to City, to: City of Roanoke
City Manager
364 Municipal Building
215 Church Avenue SW
Roanoke, Virginia 24011
Fax No. 540-853-1138
With a copy to: Director of Economic Development
City of Roanoke
111 Franklin Plaza, Suite 200
Roanoke, VA 24011
Fax No. 540-853-1213
If to FUNB, to: First Union National Bank
Attn: Vice-President, CLS
10 South Jefferson Street
Roanoke, VA 24011
Fax No. 540-857-4526
Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail,
the day after delivery to a nationally recognized overnight courier, or upon the date of confirmation of a facsimile
transmission.
SECTION 21. ENTIRE AGREEMENT AND AMENDMENTS.
This Parking Agreement constitutes the entire agreement of the parties hereto and supersedes all prior offers,
negotiations, and agreements among the parties. No amendment to this Parking Agreement shall be valid unless
made in writing and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have signed this Parking Agreement by their authorized
representatives:
ATTEST:
CITY OF ROANOKE
Mary Parker, City Clerk
By:
Darlene L. Burcham, City Manager
ATTEST:
FIRST UNION NATIONAL BANK
By:
Printed Name and Title
Approved as to Form:
Approved as to Execution:
City Attorney
City Attorney
6
H:\AGMTS\FUNB PARKING AGREEMENT
Appropriation and Funds Not Required
For this Contract:
Director of Finance
Date
Acct. #
7
H:IAGMTS1FUNB PARKING AGREEMENT
""'-
"-'".,.....,_.....~'*....,'<.....""',..~...........__.~~^...~~".,w.".",... "..~....,.,~~.,..,c''''~''' ....,.~'... .".>,., ". ...._..,_",......"',.,,'._,
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-192-217
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35769-031802 amending and reordaining certain
sections of the 2001-02 Civic Center Fund Appropriations, providing for appropriation of
$235,000.00 for capital improvements at the Roanoke Civic Center.
The abovereferenced measure was adopted by the Council of the ,City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, /J
~"'1jt'~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
James M. Evans, Director, Civic Facilities
Barry L. Key, Director, Management and Budget
N:\CKMHI\Agenda.02\March 18,2002 corespondence.wpd
~\(- ~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35769-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic
Center Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
ADpropriations
Operating
Civic Center - Operating (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 3,030;941
28,195
$ 1,236,297
717,997
Capital Outlay
Civic Center - Capital Outlay (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retained Earnings
Retained Earnings - Available for Appropriation (3) . . . . . . . . . . . . . . . . $ 241,000
1) Expendable
Equipment
2) Other Equipment
3) Retained Earnings-
Available for
Appropriation
(005-550-2105-2035)
(005-550-2108-9015 )
$ 15,000
220,000
(005-3348)
( 235,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Appropriation of Retained
Earnings for Civic Center
Capital Improvements
Several equipment purchases and projects are needed at the Civic Center in
order for the Civic Center to provide expected levels of service, to meet new
security standards, provide appropriate maintenance, and to provide necessary
equipment storage.
It is necessary for City Council to appropriate funds from Prior Year Retained
Earnings to provide for the acquisition of the following items:
· Storage Building to provide for storage of
Coliseum Equipment
· Dasher Boards for Arena Football2
· Exit Devices to provide locks on Coliseum
Interior Doors
· Stage Barricade for concerts
. 3 Xenon follow spotlights for Coliseum
. 2 Concession Carts
· 500 folding chairs with dollies
. Sweeper/scrubber
. Carpet Extractor
. Walk Behind Scrubber
. Coin Machine & 2 Credit Card Machines
. Defibrillator
. Kitchen Equipment
$ 90,000
13,500
17,210
15,000
35,000
3,600
29,209
8,868
1,617
3,783
3,000
3,000
11 .213
$235,000
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CltyWeb:www.ci.roanoke.va.us
Mayor Smith and Members of City Council
March 18, 2002
Page 2
Items or projects to be acquired either have already been bid or will be in
accordance with the procurement section of the Code of the City of Roanoke.
Recommended Action:
Appropriate $235,000 from Prior Year Retained Earnings Accounts as follows:
1. $220,000 to Civic Center Account 005-550-2108-9015
2. $15,000 to Civic Center Account 005-550-2105-2035.
Respectfully submitted,
Darlene L. Bur
City Manager
C: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry L. Key, Director of Management and Budget
CM02-00042
~ <'^~"""~"C""~',.,n___>","'__~
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-313
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35770-031802 amending and reordaining certain
sections of the 2001-02 Transportation Fund Appropriations, providing for appropriation
of $23,657.00 in connection with the Williamson Road Parking Garage annual CDBG
payment for fiscal year 2002.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, /J
""- ~ .j r A,J."^--
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Elizabeth A. Neu, Director of Economic Development
Deborah J. Moses, Parking Coordinator, Economic Development
Barry L. Key, Director, Management and Budget
N:\CKMHl\Agenda.02\March 18,2002 corespondence.wpd
\X~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35770-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
Transportation Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
-----.
certain sections of the 2001-2002 Transportation Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
ADpropriations
Operating
Williamson Road Parking Garage (1). . . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 339,149
130;998
Retained Earnings
Retained Earnings - Available for Appropriation (2). . . . . . . . . . . . . . . . . . . $ 216,768
1) CDBG Program Inc.
Paid to Grant Fund (007-540-8205-2190)
2) Retained Earnings -
Available for
Appropriation (007 -3348)
$ 23,657
( 23,657)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Transportation Fund
Appropriation from
Retained Earnings
Williamson Road Parking
Garage
Background:
The original construction of the Williamson Road Parking Garage was partially
funded with Community Block Development Grant ( CDBG) funds. In
recognition of this use of federal funds, an annual payment is made back to the
City's Grant Fund based upon a percentage of the net income which is generated
by this garage. This payment is program income to the Grant Fund.
Considerations:
The FY2002 expense budget for this garage allocated $107,341 to meet this
payment requirement. This annual calculation is based upon the income from
this garage generated in FY01. Based upon the actual income generated in
FY01, the payment due is $130,998. In order to make the required payment,
$23,657 must be appropriated from Transportation fund retained earnings to
supplement the $107,341 budgeted.
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.ci.roanoke.va.us
----..--....--...-..-r-..-.-~-_.-..-------~.___,_,,-- -r-..,.----...
Mayor Smith and Members of City Council
March 18,2002
Page 2
Recommended Action:
City Council approve the appropriation of $23,657 from retained earnings of the
Transportation Fund to fund the full CDBG payment due for FY02 for the
Williamson Road Parking Garage.
Respectfully submitted,
DLB: djm
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Barry Key, Manager, Office of Management and Budget
Elizabeth Neu, Director of Economic Development.
CM02-00046
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-427-441-537
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35771-031802 amending and reordaining certain
sections of the 2001-02 Capital Projects Fund Appropriations, providing for appropriation
of TEA-21 Enhancement funds, in the amount of $488,000.00, in connection with the
Roanoke Passenger Station Renovation Project.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, fd.
,'t 4 ..~
I 'l~ 7. -
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Robert K. Bengtson, Director, Public Works
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl\Agenda.02\March 18,2002 corespondence.wpd
~\c,
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35771-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
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 COl;Jncil of the City of Roanoke that
certain sections of the 2001-2002 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Appropriations
Community Development
Roanoke Passenger Station Renovation (1) . . . . . . . . . . . . . . . . . . . . .
$ 6,016;143
1 ,238,000
Revenues
Intergovernmental (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 2,650,556
1 ) Appropriated from
State Grant Funds (008-530-9900-9007)
2) Roanoke Passenger
Station - TEA-21
FY02 (008-530-9900-9900)
$ 488,000
488,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 18,2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable W. Alvin Hudson, Council Member
Honorable William D. Bestpitch, Council Member
Honorable William White, Sr., Council Member
Honorable C. Nelson Harris, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Roanoke Passenger Station.
Renovation Project
Background:
The Western Virginia Foundation for the Arts and Sciences (WVFAS) received notification in
2001 that their application for Transportation Enhancement funds through the Transportation
Equity Act for the 21st Century (TEA-21) for the Roanoke Passenger Station Renovation
Project was approved in the amount of $488,000. The City of Roanoke subsequently entered
into separate agreements with the WVFAS and the Virginia Department of Transportation
(VDOT), which define the responsibilities of each party, as previously authorized by City
Council. The WVFAS would be responsible for the match requirement of $122,000. The
$488,000 of TEA-21 Enhancement funds need to be appropriated (to be reimbursed by
VDOT) to the project account #008-530-9900-9007 for disbursement to the WVFAS.
Recommended Action:
Appropriate $488,000 of TEA-21 Enhancement funds (to be reimbursed by VDOT) to project
account #008-530-9900-9007 for disbursement to the WVFAS. Establish a revenue estimate
of the same for State reimbursement through the TEA-21 program.
Sin erely,
Darlene L. Bur
City Manager
DLB/RKB/gpe
C:
Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Robert K. Bengtson, P.E., Director of Public Works
CM02-00041
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.cl.roanoke.va.us
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@ci.roanoke.va.us
March 20, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
File #60-102
Donald W. Miller, President
MBC Construction, Inc.
7203 North River Landing
Fredericksburg, Virginia 22407
Dear Miller:
I am enclosing copy of Ordinance No. 35773-031802 accepting the bid of MBC
Construction, Inc., for rehabilitation of Memorial Bridge, Structure Number 1826, in the
amount of $1,147,789.75; and rejecting all other bids received by the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, /J
I1t ~J.f'h~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Acting Director, General Services
Robert L. White, Manager, Purchasing
Philip C. Schirmer, City Engineer
N :\CKMH 1 IAgenda.02\March 18, 2002 corespondence.wpd
-,,,',,-',' "-"~"'-"- ---~'__-~____'.~'''.'''''''~''''''''_'''''''_'_~"'''W>__' ""
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 20, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
File #60-102
Hammond-Mitchell, Inc.
Lanford Brothers Co., Inc.
Allegheny Construction Co., Inc.
English Construction Co., Inc.
Burleigh Construction Co., Inc.
Cleco Corp.
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 35773-031802 accepting the bid of'MBC
Construction, Inc., for rehabilitation of Memorial Bridge, Structure Number 1826, in the
amount of $1,147,789.75; and rejecting all other bids received by the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed
project.
;;;1:' J. p~
Mary F. ParKer, CMC
City Clerk
MFP:mh
Enclosure
N:\CKMHI\Agenda.02\March 18.2002 corespondence.wpd
~
Y'\'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35773-031802.
AN ORDINANCE accepting the bid of MBC Construction, Inc. for the rehabilitation of
Memorial Bridge, Structure Number 1826, upon certain terms and conditions and awarding a
contract therefor; authorizing the proper City officials to execute the requisite contract for such work;
rejecting all other bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid ofMBC Construction, Inc. in the amount of $1,147,789.75 for the rehabilitation
of Memorial Bridge, Structure Number 1826, as is more particularly set forth in the City Manager's
letter dated March 18, 2002, to this Council, such bid being in full compliance with the City's plans
and specifications made therefor and as provided in the contract documents offered the bidder, .which
bid is on file in the Purchasing Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, the contract to be in such form as
is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or
simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above 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.
H:\Measures\Memorial Bridge Rehab.doc
1
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.
H:\Measures\Memorial Bridge Rehab.doc
2
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-102
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35772-031802 amending and reordaining certain
sections of the 2001-02 Capital Projects Fund Appropriations, in connection with
acceptance of a bid submitted by MBC Construction, Inc., for major repairs to Memorial
Bridge, Structure No. 1826.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, ~
IA.~ /. ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
George C. Snead, Jr., Acting Director, General Services
Robert L. White, Manager, Purchasing
Philip C. Schirmer, City Engineer
Barry L. Key, Director, Office of Management and Budget
N:\CKMHl\Agenda.02\March 18.2002 corespondence.wpd
~vp
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35772-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
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 sections ofthe 2001-2002 Capital Projects Fund Appropriations, be, and the same
are hereby, amended and reordained to read as follows, in part:
Aoprooriations
Streets and Bridges
Hunter Viaduct Removal (1-2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broadway Street Bridge (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Memorial Bridge Rehabilitation (4-6). . . . . . . . . . . . . . . . . . . . . . . . . . .
$ 25,363,304
4,091,996
209,213
1,452,418
$ 23,212,248
2,365,748
Capital Improvement Reserve
Public Improvement Bonds - Series 1999 (7) . . . . . . . . . . . . . . . . '" . . .
1 ) Appropriated from
General Revenue (008-052-9636-9003 ) $ (210,000)
2) Appropriated from
Bond Funds
Series 1996 (008-052-9636-9088 ) ( 69,813)
3) Appropriated from
Bond Funds
Series 1999 (008-052-9683-9001 ) ( 35,441)
4) Appropriated from
General Revenue (008-530-9772-9003 ) 210,000
5) Appropriated from
Bond Funds
Series 1996 (008-530-9772-9088 ) 69,813
6) Appropriated from
Bond Funds
Series 1999 (008-530-9772-9001 ) 924,372
7) Bridges (008-052-9709-9190) ( 888,931)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Contract Award
Rehabilitation of Memorial Bridge
Bid No. 02-01-07
Annual bridge inspection reports identified Memorial Bridge, Structure Number 1826, as in
need of major repair. The design of the necessary rehabilitation has been completed and the
project has been bid.
After proper advertisement, seven bids were received on Tuesday, February 5, 2002, with
MBC Construction, Inc., 7203 Ni River Landing, Fredericksburg, Virginia 22407, submitting
the low bid in the amount of $1,147,789.75. (See attached bid tabulation.) The construction
time was specified as 270 consecutive calendar days.
Funding in the amount of $1,272,568 is needed for the project. The additional funds that
exceed the contract amount will be used for miscellaneous project expenses including
advertising, printing, test services, minor variations in bid quantities, unforeseen project
expenses and an estimated $10,000 for Norfolk Southern Railway flagging services.
Funding is available as follows:
Public Improvement Bonds - Series 1999
Account Number 008-052-9709-9190
$ 888,931
Hunter Viaduct
Account Number 008-052-9636-9003
279,813
Broadway Street Bridge
Account Number 008-052-9683-9001
35,441
Memorial Bridge Rehabilitation
Account Number 008-530-9772-9003
68.383
Total $1.272.568
Room 364 Municipal South 215 Church Avenue,S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.cl.roanoke.va.us
Honorable Mayor and Members of Council
March 18, 2002
Page 2
Recommended Action:
Accept the above bid and authorize the City Manager to execute a contract for the above
work with MBC Construction, Inc. in the amount of $1,147,789.75 with 270 consecutive
calendar days of contract time, and reject all other bids.
Transfer funding in the amount of $1,204,185 as detailed in the first three accounts listed
above to Capital Projects Fund account number 008-530-9772, Memorial Bridge
Rehabilitation, the existing project account.
Respectfully submitted,
arlene L. Burc
City Manager
DLB/JGB/bls
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Robert L. White, Purchasing Manager
#CM02-00040
TABULATION OF BIDS
REHABILITATION OF MEMORIAL BRIDGE
BID NO. 02-01-07
Bids were opened by Robert L. White, Manager, Purchasing Department, on Tuesday,
February 5, 2002, at 2:00 p.m.
BIDDER AMOUNT
MBC Construction, Inc. $1,147,789.75
Hammond-Mitchell, Inc. $1,187,472.00
Lanford Brothers Company, Inc. $1,270,533.30
Allegheny Construction Company, Inc. $1,441,443.00
English Construction Company, Inc. $1,481,375.00
Burleigh Construction Company, Inc. $1,487,184.35
Cleco Corporation $3,428,618.54
Engineer's Estimate: $959,000.00
Office of the City Engineer
Roanoke, Virginia
March 18, 2002
~-
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Contract Award
Infrastructure Improvements to the
Greater Gainsboro Redevelopment
Area, Phase II
Bid No. 01-12-01
The Phase II project consists of the construction of improvements including water, sanitary
sewer, storm drainage, curb and sidewalk, paving, landscaping and associated work within
the Greater Gainsboro Redevelopment Area.
After proper advertisement, four bids were received on Tuesday, January 8, 2002, with
Breakell, Inc., 2314 Patterson Avenue, S.W., Roanoke, Virginia 24016, submitting the low
bid in the amount of $496,183.93. (See attached bid tabulation.) The construction time was
specified as 120 consecutive calendar days.
The City and Appalachian Power Company d/b/a American Electric Power (AEP) have a
Street Lighting Agreement dated July 1, 1995, concerning the provision by AEP to the City of
street lights and associated electrical current for the lights. In accordance with the Street
Lighting Agreement and negotiations with AEP, AEP will provide the appropriate street lights
and electrical work for Phase II of the Greater Gainsboro Infrastructure Improvements for
$350,000.
The infrastructure improvement project is being constructed in three phases. The whole
project, including the estimated costs for Phase III, remain within the adopted capital project
budget of $3,426,282. Proposed funding from available balances in several capital project
accounts is being used to fund AEP improvements which are ineligible for CDBG funds due
to wage rate restrictions.
Funding in the amount of $895,802 is needed for the project. The additional funds that
exceed the contract amount will be used for lighting and electrical costs as well as
miscellaneous project expenses including advertising, prints, test services, minor variations in
bid quantities and unforeseen project expenses. Funding in the amount of $895,802 is
available as follows:
Room 364 Municipal South 215 Church Avenue.SW. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.ci.roanoke.va.us
Honorable Mayor and Members of Council
March 18, 2002
Page 2
$ 4,901
131,659
399,281
211,060
12,000
25,000
21 ,485
20,000
40,000
4,307
26.109
$895.8~~
035-GOO-0030-5286
035-G01-0130-5286
035-G02-0230-5286
008-410-9625
008-052-9626
008-052-9670
008-310-9685
008-530-9771
008-052-9635
008-052-9716
008-052-9575-9173
Recommended Action:
Community Development Block Grant (CDBG)
Community Development Block Grant (CDBG)
Community Development Block Grant (CDBG)
Greater Gainsboro Infrastructure
Gainsboro Library
Environmental Issues
Precision Technology
Peters Creek Road Street Light
50/50 Curb, Gutter, Sidewalk
Williamson Road Improvements
Capital Reserve - Buildings
Accept the above bid and authorize the City Manager to execute a contract for the above
work with Breakell, Inc., in the amount of $496,183.93, with 120 consecutive calendar days of
contract time, and reject all other bids.
Appropriate or transfer funding in the amount of $148,901 as detailed above to Capital
Projects Fund account 008-410-9625, Greater Gainsboro Infrastructure. CDBG funds in the
amount of $535,841 have been appropriated to the proper accounts for a total of $895,802.
Authorize the City Manager to execute any necessary documents or agreements in
connection with the Street Lighting Agreement dated July 1, 1995, with Appalachian Power
Company d/b/a American Electric Power (AEP) in order for AEP to provide the appropriate
street lights and associated electrical work for Phase II of the Greater Gainsboro
Infrastructure Improvements for $350,000.
RecreCtf~IIYfi s~ubmi ed,
~~
Darlene L. Burc am
City Manager
DLB/JGB/bls
Attachment
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Philip C. Schirmer, City Engineer
Margaret T. Munton, Budget Analyst
#CM02-00036
TABULATION OF BIDS
INFRASTRUCTURE IMPROVEMENTS TO THE
GREATER GAINSBORO REDEVELOPMENT AREA
PHASE II
BID NO. 01-12-01
Bids were opened by Robert L. White, Manager, Purchasing Department, on Tuesday,
January 8, 2002, at 2:00 p.m.
BIDDER AMOUNT
Breakell, Inc. $ 496,183.93
Allegheny Construction Company $ 551,264.50
S.C. Rossi & Company $ 563,000.00
E.C. Pace Company $ 654,947.00
Estimated Cost: $474,885.00
Office of the City Engineer
Roanoke, Virginia
March 18, 2002
114/
)/ I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
AN ORDINANCE accepting the bid of Break ell, Inc. for the construction ofimprovements,
including water, sanitary sewer, storm drainage, curb and sidewalk, paving, landscaping and
associated work, within the Greater Gainsboro Redevelopment Area in connection with Phase II of
the Infrastructure Improvements to the Greater Gainsboro Redevelopment Area Project, upon certain
terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute
the requisite contract for such work; rejecting all other bids made to the City for the work; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Breakell, Inc. in the amount of $496,183.93 for the construction of
improvements, including water, sanitary sewer, storm drainage, curb and sidewalk, paving,
landscaping and associated work, within the Greater Gainsboro Redevelopment Area in connection
with Phase II of the Infrastructure Improvements to the Greater Gainsboro Redevelopment Area
Project, as is more particularly set forth in the City Manager's Letter dated March 18, 2002, to this
Council, such bid being in full compliance with the City's plans and specifications made therefor and
as provided in the contract documents offered the bidder, which bid is on file in the Purchasing
Division, be and is hereby ACCEPTED.
2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to
execute and attest, respectively, the requisite contract with the successful bidder, based on its
proposal made therefor and the City's specifications made therefor, the contract to be in such form as
H:\Measures\breakell gainsboro 302.doc
is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or
simultaneously appropriated by Council.
3. Any and all other bids made to the City for the above 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.
H:\Measures\breakell gainsboro 302.doc
2
~I
)1'
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the City Manager to execute any necessary documents or
agreements in connection with the Street Lighting Agreement between the City and Appalachian
Power Company, d/b/a American Electric Power (AEP), dated July 1, 1995, in order for AEP to
provide the appropriate street lights and associated electrical work for Phase II of the Infrastructure
Improvements to the Greater Gainsboro Redevelopment Area Project; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute any necessary documents or agreements, in
a form approved by the City Attorney, in connection with the Street Lighting Agreement between the
City and AEP dated July 1, 1995, in order for AEP to provide the appropriate street lights and
associated electrical work for Phase II of the Infrastructure Improvements to the Greater Gainsboro
Redevelopment Area Project, in an amount not to exceed $350,000, as is more fully set forth in the
City Manager's letter to this Council dated March 18, 2002.
2. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AN ORDINANCE authorizing the City Manager to execute any necessary documents or
agreements in connection with the Street Lighting Agreement between the City and Appalachian
Power Company, d/b/a American Electric Power (AEP), dated July I, 1995, in order for AEP to
provide the appropriate street lights and associated electrical work for Phase II of the Infrastructure
Improvements to the Greater Gainsboro Redevelopment Area Project; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The City Manager is authorized to execute any necessary documents or agreements, in
a form approved by the City Attorney, in connection with the Street Lighting Agreement between the
City and AEP dated July 1, 1995, in order for AEP to provide the appropriate street lights and
associated electrical work for Phase II of the Infrastructure Improvements to the Greater Gainsboro
Redevelopment Area Project, in an amount not to exceed $350,000, as is more fully set forth in the
City Manager's letter to this Council dated March 18, 2002.
2. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Mar 18 02 10:51a
Pa~ne Canst
804 821 2227
p. 1
PA YNE CONSTRUCTION COMPANY
403 CLARKS ROAD P.O. BOX 599 RUSTBURG, VA 24588
TELEPHONE: (434) 821-2200
FAX: (434) 821-2227
· FAX TO: ROANOKE CITY CLERK
· FAX#: 540-853-1145
· COMPANY: ROANOKE CITY
· DATE: March 18,2002
· REGARDING: HENRY STREET PHASE 2 INFRASTRUCTURE
· REMARKS: PLEASE DISTRIBUTE COPIES OF THE
FOllOWING lETTER TO CITY COUNCil MEMBERS. THANK
YOU.
· RESPONSE#:
· FAXED BY: Charles A. Price, Jr./ks
· NUMBER OF PAGES FOLLOWING THIS PAGE: 1
The information contained in the facsimile message is privileges and confidential information intended only
for the use of the individual or entity named above. If the reader of this message is not the intended
recipient. you are hereby notified that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please Immediately notify us by
telephone, and return the original message to us at the above address via the United States Postal Service.
Thank you.
Mar 18 02 10:51a
Pa~ne Canst
804 821 2227
p.2
ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION
1509 Lafayette Boulevard, NW
Roanoke, Virginia 24017
(540) 362-5165
March 18, 2002
Ms. Darlene Burcham, City Manager
City of Roanoke, Room 364
215 Church Avenue, sw.
Roanoke, Va. 24011-1591
Subject: Henry Street Phase 2 Infrastructure
Dear Ms. Burcham:
Approval of the Henry Street phase 2 infrastructure lighting bid is on Council's agenda for today.
RNDC has not had the opportunity to review or have any input on these items prior to the
completion of the bid documents. In previous meeting concerning phase 1, discussions were held
and comments resolved or incorporated into those documents.
RNDC is requesting that this matter be delayed to allow, for review, comments and
recommendations from this organization and the other primary stakeholders who where involved
in the phase 1 process.
Your support of RNDC's program is appreciated.
Resp uJly. ,... __
.',. ~
~ .'" ./
Charles A. ~rice ~
Chainnan Jr. (I
Cc; Vemice Law
Phil Schirmer
City Council Members
John Baker
Thomas Mckeon
"'O"_'~"""""",~",,-""_,..._,...,...~_.,.._,. ,
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #289-354
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35774-031802 establishing certain fees for provision
of emergency medical services; i. e.: Basic Life Support (Non-Emergency), Basic Life
Support (Emergency), Advanced Life Support (Non-Emergency), Advanced Life Support
(Emergency), Advanced Life Support (Level 2).
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, ()
f1.... ..., 1. r ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS Department
N:\CKMHI\Agenda.02\March 18,2002 corespondence.wpd
/~:D
L
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35774-031802.
A RESOLUTION establishing certain fees for the provision of certain emergency medical
services; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The schedule of fees due to the City for the below-listed emergency medical
services provided by the City and/or Roanoke Emergency Medical Services, Inc., shall be as
follows:
Basic Life Support (Non-Emergency)
Basic Life Support (Emergency)
Advanced Life Support (Non-Emergency)
Advanced Life Support (Emergency)
Advanced Life Support (Level 2)
$175.00
$280.00
$210.00
$330.00
$475.00
2. The Fee Compendium of the City, maintained by the Director of Finance and
authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27,
1995, effective as of that date, shall be amended to reflect the foregoing new fees under the
heading of Emergency Medical Services.
3. This Resolution shall be in full force and effect on and after April 1, 2002
Attest:
City Clerk
H:/Measun:slEMS FEES
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject:
Changes to EMS User Fee
Schedule
Background:
In July 1989, the City of Roanoke implemented an EMS User Fee in an effort to
offset the rising cost of providing emergency medical services in the City of
Roanoke. In July 1993, City Council approved an EMS fee schedule adjustment to
cover additional staffing costs associated with providing services. Staffing increases
were necessary due to a reduction in volunteer resources and an increase in service
demand.
The City of Roanoke establishes its EMS fee schedule based primarily on the
regions Medicare allowances. Current EMS fees are $145.00 for basic life support
(BLS) transports and $290.00 for advanced life support (ALS) transports with a two-
tier fee structure. Mileage is charged separately at $9.00 per loaded mile. Effective
April 1, 2002, Medicare will increase its reimbursement for EMS transport. After a
two-year process, Medicare has approved a nationwide fee schedule that all EMS
providers must accept if they wish to maximize Medicare reimbursement. This fee
schedule and structure is based on a patient's needs, condition and treatment
requirements. The five-tier fee structure required by Medicare allows the fee to more
accurately reflect actual services rendered.
Considerations:
The City of Roanoke needs to adopt the new fee schedule as outlined in the Federal
Register, volume 65, number 177, pages 55077 - 55100, in order to maximize the
Medicare reimbursement. Currently, Medicare accounts for 44 percent of the city's
EMS fee revenues. The new fee schedule will allow for a more accurate reflection
Room 364 Municipal South 215 Church Avenue, S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.ci.roanoke.va.us
The Honorable Mayor and Members of Council
March 18, 2002
Page 2
of services rendered and resources required to care for patients. Medicare is
requiring a five-tier fee structure which is as follows:
(1) Basic Life Support - Non-Emergency
(2) Basic Life Support - Emergency
(3) Advanced Life Support - Non-Emergency
(4) Advanced Life Support - Emergency
(5) Advanced Life Support - Level II *
* Medicare is proposing a higher reimbursement rate for ALS Level II
because it applies to patients who are critically ill requiring more resources
and treatment in such cases as cardiac arrest, multi-system trauma,
respiratory arrest, etc.
The percentage of EMS fees paid by citizens (out-of-pocket) is projected to remain
the same with the new fee structure. Currently, citizens pay less than eight percent
of the total annual EMS fees out-of-pocket. The city's EMS billing contractor will
continue to work with citizens to maximize insurance reimbursement and make fee
adjustments, in accordance with Medicare regulations, in order to minimize out-of-
pocket expense.
Recommended Action:
City Council concur on the following fee schedule recommended by Quantum
Medical, the city's EMS billing contractor, and using the required five-tier structure,
which would allow the city to maximize Medicare reimbursement:
Service Level Current Medicare Current New Medicare Proposed
Allowance EMS Fees Allowance EMS Fee
Basic Life Support
Non-Emergency NA $145.00 $170.54 $175.00
Basic Life Support
Emergency $114.00 $145.00 $272.86 $280.00
Advanced Life Support
Non-Emergency NA $290.00 $204.65 $210.00
Advanced Life Support
Emergency $290.00 $290.00 $324.03 $330.00
Advanced Life Support
Level 2 NA $290.00 $468.99 $475.00
The Honorable Mayor and Members of Council
March 18, 2002
Page 3
Percentage of EMS fees paid by citizens (out-of-pocket) is projected to remain the
same with this new fee structure, less than eight percent of total annual fees
collected. This new fee schedule, if approved, would become effective April 1. It is
estimated that the City could realize a revenue increase of $165,000 the first year
(FY2002/03) and a graduated increase to $655,000 in EMS fee revenue as the
new Medicare allowance matures in fiscal year 2006/07.
This additional revenue could be used to fund debt service on the construction
cost of new Fire-EMS stations as proposed in the Council adopted Fire-EMS
Strategic Business plan.
Respectfully submitted,
/1
DLB/JG/jsf
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
George S. Snead, Assistant City Manager for Operations
James Grigsby, Fire-EMS Chief
#CM02-00031
'-, V"'__'~"-""_."~_'_"""__-"'~"""_'-"_"""__"'T'"'' _,~<_.",.~"",~""_4_"_.-,v"><""_-,_"~~,,,",,,_,,,__,,,,,,, _"_ ._._.._,..._~..~.,_=_. ,- -,__._,.."._,_,
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20,2002
File #178-405-514
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 35775-031802 amending the City of Roanoke's
2001-2002 Consolidated Plan Annual Update regarding Consultant Services for the
Bullitt-Jamison Pilot Project, and authorizing the City Manager to execute and submit the
necessary documents to the United States Department of Housing and Urban
Development (HUD).
The above referenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
It was the consensus of Council that prior to execution of the consultant services contract,
you will meet with Members of Council to discuss matters of interest and/or concern.
7k1~J.P~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
N:\CKMHI \Agenda.02\March 18,2002 corespondence.wpd
%/\.
L..(:> 0'
, ~
'i~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35775-031802.
A RESOLUTION amending the City of Roanoke's 2001-2002 Consolidated Plan
Annual Update regarding Consultant Services for the Bullitt-Jamison Pilot Project, and
authorizing the City Manager to execute and submit the necessary documents to the United
States Department of Housing and Urban Development (HUD).
BE IT RESOL VED by the Council of the City of Roanoke that the City Manager is
authorized to execute and submit to HUD the necessary documents for amending the City of
Roanoke's 2001-2002 Consolidated Plan Annual Update regarding Consultant Services for
the Bullitt-Jamison Pilot Project, as more particularly set forth in the City Manager's letter
to this Council dated March 18,2002.
Attest:
City Clerk
I:\Clerk\R-AmendConsoJidPlan. wpd
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Amendment to the 2001-2002
Consolidated Plan Annual Update
Regarding Consultant Services for
the Bullitt-Jamison Pilot Project
Background:
On September 17,2001, City Council adopted the "Policy on HUD Funds," one provision of
which is the targeting of these funds to create demonstrable and visible impact. The initial
targeting activity under the policy was presented to Council at its October 29, 2001, work
session and involved a multi-faceted approach to the needs of an area bordered by Bullitt
and Jamison Avenues between 6th and 13th Streets. Known as the "Bullitt-Jamison Pilot
Project," approximately $1.4 million from the City's Community Development Block Grant
(CDBG) and HOME Investment Partnerships Program (HOME) funds will form the core
project financing, if approved by Council.
Considerations:
The needs of the project area extend to many other aspects of community life and dictate a
broader conceptual and financial framework. The City's Police, Social Services, Streets
and Traffic, Code Enforcement, Parks and Recreation, Neighborhood Partnership and
other Departments are increasing their activities in the area. However, physical
development of the area requires a more in-depth assessment of needs and feasibility and
creation of a master plan to guide the improvements. Given these needs, the City solicited
proposals from firms with such capabilities and has negotiated the terms of an agreement
with the top candidate. The cost of the consultant services is approximately $60,000 and
is, thus, within the City Manager's authority for executing the necessary agreement.
Room 364 Municipal South 215 Church Avenue. S.w. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CltyWeb:www.ci.roanoke.va.us
Mayor and Members of Council
March 18, 2002
Page 2
It is important to begin the consultant activities as soon as possible, with CDBG funds
providing the necessary funding source. However, to use CDBG funds at this time requires
an amendment of the City's current Consolidated Plan Annual Update, a process that
entails a 30-day public review and comment period. The public review and comment
period was initiated on February 14, 2002, and concluded on March 15, 2002. No
objections to the plan amendment were received.
Upon Council's approval of the plan amendment, the consultant agreement may be
executed. The agreement allows the City the option to negotiate further services with the
consultant regarding leveraging additional financing for the project. A future report to
Council may be required to authorize any amendment to the consultant agreement with a
cost greater than the City Manager's authority to execute directly.
Recommended Actions:
Authorize the City Manager to amend the 2001-2002 Consolidated Plan Annual Update,
including submission of necessary documents to HUD, to add the consultant services
associated with the Bullitt-Jamison Pilot Project.
X;;Ub~itted'
Darlene L. Bur
City Manager
c: Mary F. Parker, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Frank E. Baratta, Budget Team Leader
CM02-00052
".<,.".,..u,>~""~~,_,-.-;...,, ____,..,."._ ~"""""'_''"'''''.'''''.'''''~'''.'''''''''''_'''~'''''''^''' ,,,,_,,-,,,,,,,-,,,,^"''''''''''''',' .....,..'....a
~
MARY F. PARKER. CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
March 20, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
File #60-373-472
Elizabeth A. Santana, Investment Coordinator
Koch Financial Corporation
17767 North Perimeter Drive, Suite 101
Scottsdale, Arizona 85255
Dear Ms. Santana:
I am enclosing copy of Resolution No. 35777-031802 accepting the bid of Koch Financial
Corporation and awarding and approving the form, terms, conditions and provisions of an
equipment lease purchase agreement relating to acquisition of vehicular equipment by the
City of Roanoke, by and between Koch Financial Corporation, as lessor, and the City, as
lessee, and authorizing execution and delivery thereof; approving the form and the terms,
conditions and provisions of an escrow agreement by and among the City, Koch Financial
Corporation and Suntrust Bank, as escrow agent, in the amount of $1,157,500.00; and
rejecting all other bids received by the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, /)
A """1 1. f" ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
pc: Darlene L. Burcham, City Manager
Jesse A. Hall, Director of Finance
George C. Snead, Jr., Acting Director, General Services
Robert L. White, Manager, Purchasing
Barry L. Key, Director, Management and Budget
Ann H. Shawver, Manager, Accounting Services
N:\CKMHl\Agenda.02\March 18,2002 corespondence.wpd
.^..~.,..,."",.,......_..."_."",,,......,-,_.~.,~_..,.,-
MARY F. PARKER, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@ci.roanoke.va.us
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
March 20, 2002
File #60-373-472
Ashford Capital Corp.
Ford Motor Credit Co.
SunTrust
ComVest Ltd., Inc.
Carlyle Capital Markets, Inc.
Pitney Bowes Municipal Funding, Inc.
GE Capital Public Finance, Inc.
First Union National Bank
Ladies and Gentlemen:
I am enclosing copy of Resolution No. 35777-031802 accepting the bid of Koch Financial
Corporation and awarding and approving the form, terms, conditions and provisions of an
equipment lease purchase agreement relating to acquisition of vehicular equipment by the
City of Roanoke, by and between Koch Financial Corporation, as lessor, and the City, as
lessee, and authorizing execution and delivery thereof; approving the form and the terms,
conditions and provisions of an escrow agreement by and among the City, Koch Financial
Corporation and Suntrust Bank, as escrow agent, in the amount of $1,157,500.00; and
rejecting all other bids received by the City.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed
equipment lease purchase.
s;:::~ !. fJ ~
Mary F. Parker, CMC
City Clerk
MFP:mh
Enclosure
H:\Agenda.02\March 18,2002 corespondence.wpd
(Ij)
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35777-031802.
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA, ACCEPTING THE BID OF KOCH FINANCIAL
CORPORATION AND AWARDING AND APPROVING THE FORM
AND THE TERMS, CONDITIONS AND PROVISIONS OF AN
EQUIPMENT LEASE PURCHASE AGREEMENT RELATING TO THE
ACQUISITION OF VEHICULAR EQUIPMENT BY THE CITY, BY
AND BE1WEEN KOCH FINANCIAL CORPORATION, AS LESSOR,
AND THE CITY, AS LESSEE, AND AlITHORIZING THE EXECUTION
AND DELIVERY THEREOF; APPROVING THE FORM AND THE
TERMS, - CONDITIONS AND PROVISIONS OF AN ESCROW
AGREEMENT, BY AND AMONG THE CITY, KOCH FINANCIAL
CORPORATION AND SUNTRUST BANK, AS ESCROW AGENT,
AND AUTHORIZING THE EXECUTION AND DEUVERY THEREOF;
AUTHORIZING THE MEMBERS OF THE COUNCIL AND THE
OFFICIALS AND EMPLOYEES OF SUCH CITY TO TAKE FURTHER .
ACTION TO CARRY OUT THIS RESOLUTION AND THE
TRANSACTIONS CONTEMPLATED HEREBY AND BY THE
AFOREMENTIONED EQUIPMENT LEASE PURCHASE AGREEMENT
AND ESCROW AGREEMENT; MAKINGCERTAINFINDINGSAND
DETERMINATIONS; AND REJECTING ALL OTHER BIDS.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA:
SECTION 1. Findinl!s and Determinations. The Council (the "Council") of the City
of Roanoke, Virginia (the "City"), hereby finds and determines as follows:
(a) The Council has determined that it is necessary and desirable for the City to
acquire certain vehicular equipment in connection with the performance of its governmental
functions.
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(b) The Council has further determined that it is desirable for the City to finance
, the acquisition of such equipment through an equipment lease purchase agreement financing.
(c) The low bid of Koch Financial Corporation with an interest rate of 3.74
percent is hereby ACCEPTED.
(d) In order to accomplish such financing, the City has determined to enter into
an Equipment Lease Purchase Agreement (the "Equipment Lease Purchase Agreement"), by and
between Koch Financial Corporation, as Lessor (the "Leasing Corporation"), and the City, as Lessee,
under and pursuant to which the Leasing Corporation will advance the amount of$1,157,500 to
provide the funds for the acquisition of the vehicular equipment described in Exhibit A attached
thereto (the "Equipment").
(e) The Equipment is essential for the City to perform its governmental functions.
(f) Pending the application of the funds to be made available by the Leasing
Corporation under and pursuant to the Equipment Lease Purchase Agreement, it is contemplated
that such funds will be delivered by the Leasing Corporation to SunTrust Bank, as Escrow Agent
(the "Escrow Agent"), pursuant to an Escrow Agreement (the "Escrow Agreement"), by and among
the City, the Leasing Corporation and the Escrow Agent, for deposit into the Equipment Acquisition
Fund established under the Escrow Agreement and applied to the acquisition of the Equipment in
accordance with the provisions of the Escrow Agreement.
(g) The City has taken, or will undertake, the necessary steps, including those
relating to any applicable legal bidding requirements under the Virginia Procurement Act, to arrange
for the acquisition of the Equipment.
(h) The City proposes to enter into the Equipment Lease Purchase Agreement
and the Escrow Agreement in substantially the forms presented to the meeting of the Council at
which this Resolution is being adopted.
SECTION 2. Approval of the Form of the Equipment Lease Purchase Alrreement
and the Terms. Conditions and Provisions Thereof; Execution and Delivery of the Equipment Lease
Purchase Agreement. The form of the Equipment Lease Purchase Agreement presented to and filed
with the minutes of the meeting of the Council at which this Resolution is being adopted and the
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terms, conditions and provisions thereof (including in particular the Base Payments required to be
paid under Section 3.5 (a}thereof as set forth in Exhibit B thereto) are hereby approved, ratified and
confirmed, and the City Manager or her designee is hereby authorized and directed to execute and
deliver to the Leasing Corporation the Equipment Lease Purchase Agreement in such form, together
with such changes as shall be approved by the City Manager or her designee executing the same
upon the advice of counsel to the City (including the City Attorney and Bond Counsel to the City),
such approval to be conclusively evidenced by the execution thereof by the City Manager or her
designee.
SECTION 3. Approval of the Form of the Escrow Agreement and the Terms.
Conditions and Provisions Thereof: Execution and Delivery of the Escrow Agreement: Approval of
Appointment of Escrow Agent. (a) The form of the Escrow Agreement presented to and filed with
the minutes of the meeting of the Council at which this Resolution is being adopted and the terms,
conditions and provisions thereof are hereby approved, ratified and confirmed, and the City Manager
or her designee hereby authorized and directed to execute and deliver the Escrow Agreement to the
Escrow Agent and the Leasing Corporation, together with such changes as shall be approved by the
City Manager or her designee executing the same upon the advice of counsel to the City (including
the City Attorney and Bond Counsel to the City), such approval to be conclusively evidenced by the
execution thereof by the City Manager or her designee.
(b) The Council hereby approves the appointment of Sun Trust Bank as Escrow
Agent under the Escrow Agreement.
SECTION 4. Tax Covenant. The City covenants and agrees to comply with the
provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable
Treasury Regulations promulgated thereunder throughout the term of the Equipment Lease Purchase
Agreement.
SECTION 5. Further Action of the Council and of the Officials and Emplovees of
the City. The members of the Council and the officials and employees of the City are hereby
authorized and directed to take any and all such further action as upon advice of counsel to the City
they shall deem necessary or desirable in order to carry out, give effect to and consummate the
transactions contemplated by this Resolution and by the terms of the Equipment Lease Purchase
Agreement and the Escrow Agreement and by any of the documents referred to herein or therein or
approved hereby or thereby.
SECTION 6. Reiecting Other Bids. Any and all other bids made to the City for the
lease purchase of vehicular equipment are hereby REJECTED, and the City Clerk is directed to
notify each such bidder and to express the City's appreciation for such bid.
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SECTION 7. Reveal of Conflictine Resolutions. All resolutions, or portions thereof,
heretofore adopted by the Council which are in conflict or inconsistent with this Resolution are
hereby repealed to the extent of such inconsistency.
SECTION 8. Effectiveness of Resolution. This Resolution shall be effective from
and after its adoption.
ArrEST:
City Clerk.
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-373-472
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35776-031802 amending and reordaining certain
sections of the 2001-02 Fleet Management Fund Appropriations, appropriating
$1,157,500.00 in connection with execution of a lease agreement with Koch Financial
Corporation for acquisition of certain vehicular equipment by the City of Roanoke.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
MFP:mh
SAY~ I L
Mary F. Parker, CMC
City Clerk
Attachment
pc: Darlene L. Burcham, City Manager
George C. Snead, Jr., Acting Director, General Services
Robert L. White, Manager, Purchasing
Barry L. Key, Director, Management and Budget
Ann H. Shawver, Manager, Accounting Services
N:\CKMHl\Agenda.02\March 18.2002 corespondence.wpd
?,v.>
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35776-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Fleet
Management 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 Co.uncil of the City of Roanoke that
certain sections of the 2001-2002 Fleet Management Fund Appropriations, be, and the
same are hereby, amended and reordained to read as follows, in part:
ApDropriations
Capital Outlay
Vehicle Replacement Program FY02 (1-2) . . . . . . . . . . . . . . . . . . . . . . . .
1 ) Appropriated from
Capital Lease
2) Appropriated from
Capital Lease
$ 2,510,500
1,157;500
(017 -440-9852-9035)
$ 646,977
(017 -440-9853-9168)
510,523
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall
be in effect from its passage.
ATTEST:
City Clerk.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W. Room 461
P.O. Box 1220
Roanoke, VA 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable C. Nelson Harris, Council Member
Honorable W. Alvin Hudson, Jr., Council Member
Honorable William White, Sr., Council Member
Honorable Linda F. Wyatt, Council Member
Subject: Lease Purchase of Equipment
Bid No. 02-01-19
Dear Mayor Smith and Members of City Council:
The City issued its first capital lease for the purchase of equipment in fiscal year 2001.
This lease totaled $2,503,000, and it funded vehicular equipment, equipment for the
new Police Building, and personal computers.
The September 4, 2001 City Council Report on the Capital Maintenance and Equipment
Replacement Program (CMERP) recommended replacing various items of vehicular
equipment, a portion of which was recommended to again be lease financed. City
Council appropriated $510,523 at the January 22, 2002 City Council meeting for
equipment purchases in anticipation of execution of an equipment lease financing
agreement.
An Invitation for Bids for lease financing of $1,157,500 vehicular equipment was publicly
advertised and sent to over twenty banks and leasing agencies on February 8, 2002.
Nine responses were received. Koch Financial Corporation submitted the most
responsive bid, proposing an interest rate of 3.74% for a five year period. The annual
lease payment will be $253,883 for each of the next five fiscal years. Pending City
Council's approval, funding for the lease purchase payments will be included in the
annually adopted budget of the Fleet Management Fund.
Honorable Mayor and Members
of City Council
March 18, 2002
Page 2
We recommend City Council adopt the accompanying resolution authorizing execution
of the Lease Purchase Agreement with Koch Financial Corporation, and also
authorizing execution of any other required documents related to this Lease Purchase
Agreement. We also recommend adoption of the accompanying budget ordinance
appropriating the lease financing proceeds of $1,157,500 to an account in the Fleet
Management fund. We would be pleased to answer questions that City Council may
have.
Sincerely,
q~A,~
Darlene L. Burcham
City Manager
Jesse A. Hall
Director of Finance
DLB/JAH:g
Attachment
c: William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Barry Key, Director of Management and Budget
Robert White, Purchasing Manager
Ann H. Shawver, Manager of Accounting Services
CITY OF ROANOKE, VIRGINIA
REQUEST FOR PROPOSALS
LEASE PURCHASE OF EQUIPMENT
The City of Roanoke, Virginia, is requesting proposals from financial institutions and
leasing companies with respect to a $1,157,500 tax-e>ffimpt lease purchase agreement
to acquire certain items of vehicular equipment and computer equipment. The following
is a description of the equipment to be financed, the lease term and financing amount
requested, and the projected delivery dates for the various items.
Vehicular Equipment - Lease period of five (5) years
.
Description: 20 yard Rear Packer - .
Front Forward Cab Refuse Trucks
Number of Units: 3
Schedule for Delivery: 4/6 months (estimate)
Estimated Cost: $142,500.00 ea
$427,500.00
.
Description: Automated Refuse Truck
Number of Units: 1
Schedule for Delivery: 4/6 months (estimate)
Estimated Cost: $136,500.00 ea
$136,500.00
.
Description: 11 Yard Rear Packer Truck
Number of Units: 2
Schedule for Delivery: 4/6 months (estimate)
Estimated Cost: $65,000.00 ea
$130,000.00
.
Description: 10 Ton Crew Cab Dump Truck
Number of Units: 1
Schedule for Delivery: 4/6 months (estimate)
Estimated Cost: $ 80,000.00 ea
$ 80,000.00
3
.
Description: Crew Cab Stake Body Truck
Number of Units: 2
Schedule for Delivery: 3/4 months (estimate)
Estimated Cost: $ 60,000.00 ea
$120,000.00
.
Description: Hydraulic Excavator
Number of Units: 1
Schedule for Delivery: 34 months (estimate)
Estimated Cost $135,000.00 ea
$135,000.00
.
Description: 2112 Ton Dump Truck
Number of Units: 1
Schedule for Delivery: 4/6 months
Estimated Cost: $ 60,000.00 ea
$ 60,000.00
.
Description: Toro Mower
Number of Units: 1
Lease Period: 5 years
Schedule for Delivery: 4/6 months
Estimated Cost: $ 68,500.00 ea
$ 68,500.00
Total Estimated Equipment Cost
~1.157.500.00
Balance of page intentionally left blank
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City of Roanoke. VA Amortization Schedule:
Totals; SI.269.413.69 SII1.913.69 sun ,jOO.0lP Rate 3.740%
Payment Payment Purchase Outstanding
Dale Amount Interest Principal Price Balance
03/21/2002 $ 1.157-.500.00
1 07/01/2002 S126.941.37 $12.025.14 $114.916.23 S 1.063.435.45 $ 1.042.583.77
2 01/0 1/2003 S 126.941.37 S19.496.32 $107.445.05 $953.841.49 S935,138.72
3 07/01/2003 $126.941.37 $17,487.09 SI09.454.27 $842.198.13 S825 .684.44
4 01/01/2004 $126.941.37 $15.440.30 SI11.501.07 :$728.467.04 S714.183.37
5 07/01/2004 $126.941.37 S13.355.23 SI13.586.14 $612.609.18 S600.597.23
6 01/01/2005 $126.941.37 $11 ,231.17 $115.710.20 :$494.584.77 $484,887.03
7 07/0112005 $126.941.37 $9.067.39 $117.873.98 $374.353.31 $367,013.05
8 01/01/2006 $126.941.37 S6.863.14 $120.078.22 $251.873.52 $246.934.83
9 07101/2006 $126,941.37 $4,617.68 $122.323.69 $127.103.36 S124.611.14
10 01/0112007 $126,941.37 $2,330.23 S124,611.14 -$0.00 -SO.OO
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HD&W DRAFT DATED MARCH 6. 2002
EQUIPMENT LEASE PURCHASE AGREEMENT
by and between
KOCH FINANCIAL CORPORATION
as Lessor
and
THE CITY OF ROANOKE, VIRGINIA,
as Lessee
Dated as oCMarch 21, 2002
384558.2 024692 AGMT
EQUIPMENT LEASE PURCHASE AGREEMENT
EQUIPMENT LEASE PURCHASE AGREEMENT, dated as of March 21,2002 (this
"Agreement"), by and between KOCH FINANCIAL CORPORATION, a corporation organized and
existing under the laws of , as Lessor (the "Lessor"), and the CITY OF
ROANOKE, a political subdivision of the Commonwealth of Virginia, as Lessee (the "Lessee").
The Lessee has made a determination to acquire and install the equipment described
in Exhibit A (collectively, the "Equipment") and has expressed an interest in making arrangements
for the financing of the acquisition and installation of the Equipment. The Lessor is willing to
finance the acquisition and installation ofthe Equipment and to lease the Equipment to the Lessee,
and the Lessee is willing to lease the Equipment from the Lessor, upon the terms and conditions set
forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, the Lessor and the Lessee agree as follows:
ARTICLE I
DEFINITIONS
SECTION 1.1. Definitions. The terms defined in this Section 1.1 shall, for
all purposes of this Agreement have the meanings in this Section 1.1 specified, unless the context
clearly otherwise requires.
"Agreement" shall mean this Equipment Lease Purchase Agreement, dated as of
March 21, 2002, by and between the Lessor and the Lessee, together with the exhibits and any and
all amendments hereto.
"Authorized Officer ofthe Lessee" shall mean either the City Manager or the Director
of Finance of the Lessee or such other officer or officers of the Lessee as shall be designated by the
Governing Body of the Lessee from time to time.
"Base Payments" shall mean the payments payable by the Lessee pursuant to
Section 3.5(a) ofthis Agreement during the Lease Term.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
"Default" or "Event of Default" shall have the meaning ascribed thereto in Section
5.1 of this Agreement.
"Equipment" shall mean the equipment to be acquired and installed on behalf ofthe
Lessee described in Exhibit A.
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384558.2 024692 AGMT
"Equipment Acquisition Fund" shall mean the special trust fund of that name to be
held by the Escrow Agent under and pursuant to the terms of the Escrow Agreement.
"Escrow Agent" shall mean SunTrust Bank, a banking corporation organized and
existing under the laws of the State of Georgia.
"Escrow Agreement" shall mean the Escrow Agreement, dated as of March 21,2002,
by and among the Lessor, the Lessee and the Escrow Agent, in the form attached hereto as Exhibit C.
"Event of Taxability" shall mean either (i) receipt by the Lessor of a notice, in any
form, from the Internal Revenue Service; or (ii) the reasonable determination by the Lessor, based
on an opinion of independent tax counsel selected by the Lessor, that the Lessor may not exclude the
interest component of any Base Payment paid under this Agreement from its federal gross income
because the Lessee breached any covenant contained herein or because of an amendment to the Code
or a change in any law affecting the tax treatment by the Lessor of such interest.
"Fiscal Year of the Lessee" shall mean the fiscal year of the Lessee commencing on
July 1 and ending on the next succeeding June 30.
"Governing Body of the Lessee" shall mean the City Council of the Lessee.
"Lease Term" shall mean the duration of the leasehold estate created in the Equipment
as provided in Section 3.4 ofthis Agreement.
ARTICLE II
REPRESENTATIONS
SECTION 2.1.
representations:
Representations ofthe Lessee. The Lessee makes the following
(a) The Lessee is a political subdivision ofthe Commonwealth of Virginia duly
created and existing under and pursuant to the laws of the Commonwealth of Virginia and a
"political subdivision" as such term is used in Section 103(c) of the Code.
(b) The Lessee has an immediate need for, and expects to make immediate use
of, substantially all of the Equipment which need is not temporary or expected to diminish in the
foreseeable future, the Equipment will be used by the Lessee in carrying out the governmental
purposes ofthe Lessee, and the leasing of the Equipment will serve a function which presently is and
is expected to continue to be essential to the proper, efficient and economic operation ofthe Lessee.
(c) The Lessee has full power and authority to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder and by proper action has
duly authorized the execution and delivery ofthis Agreement and all other documents executed and
delivered by the Lessee with respect thereto, and the same are valid and legally binding obligations
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384558.2 024692 AGMT
of the Lessee, and are enforceable against the Lessee in accordance with their terms, except as
enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other laws
of general application relating to or affecting creditors' rights generally or by general principles of
equity.
(d) Neither the execution and delivery ofthis Agreement, the consummation of
the transaction contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions ofthis Agreement is prevented, limited by or conflicts with, or results in a breach of, the
terms, conditions or provisions ofthe Constitution or statutes ofthe Commonwealth of Virginia, any
charter or other organizational document ofthe Lessee, any ordinances or resolutions ofthe Lessee
or any rule orregulation affecting the Lessee, including requirements of any order, ruling, regulation,
evidence of indebtedness, agreement, contract or instrument of whatever nature to which the Lessee
is a party or by which it is bound, or constitutes a default under any of the foregoing.
(e) There are no pending or threatened lawsuits or administrative or other
proceedings contesting the authority for, authorization or performance of, or expenditure of funds
pursuant to this Agreement.
(f) The Lessee will operate or cause the Equipment to be operated in accordance
with all applicable laws, rules, regulations, ordinances, resolutions, rulings and orders until the
expiration or earlier termination of this Agreement as provided herein.
(g) All moneys required to make any rental payments due and owing in the
current Fiscal Year ofthe Lessee ending on June 30, 2002 have been appropriated by the Governing
Body of the Lessee.
(h) No lease, rental agreement, lease-purchase agreement, payment agreement or
contract for purchase to which the Lessee has been a party at any time during the past ten years has
been terminated by the Lessee as a result of insufficient funds being appropriated in any Fiscal Year
of the Lessee. No event has occurred which would constitute an event of default under any debt,
revenue bond or obligation which the Lessee has issued during the past ten years.
(i) Subject to the provisions of Section 3.2, the Lessee will have title to the
Equipment at all times from and after the acquisition and installation ofthe Equipment and for the
duration of the Lease Term.
SECTION 2.2.
representations:
Representations ofthe Lessor. The Lessor makes the following
(a)
The Lessor is a corporation duly incorporated and in good standing under the
and in good standing under the laws of the Commonwealth of
laws of
Virginia.
(b) The Lessor has the power to enter into this Agreement and by proper corporate
action has duly authorized the execution and delivery of this Agreement.
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384558.2 024692 AGMT
ARTICLE III
ACQUISITION AND INSTALLATION OF EQUIPMENT; LEASE OF
EQUIPMENT; PAYMENT OF RENTAL; OPERATION AND
MAINTENANCE; INSURANCE; AND TAXES
SECTION 3.1. Acquisition and Installation ofthe Equipment. (a) The Lessee
shall acquire and install the Equipment in accordance with the specifications therefor and all
applicable requirements of governmental authorities.
(b) The Lessor shall deliver the amount of $1,157,500, being the aggregate
purchase price of the Equipment, to the Escrow Agent for deposit into the Equipment Acquisition
Fund to be held by the Escrow Agent. The Escrow Agent shall advance such amount to the Lessee
in one or more installments upon the receipt by the Lessor from time to time of one or more
requisitions requesting disbursement in accordance with the provisions ofthe Escrow Agreement.
Each such requisition shall be executed by an Authorized Officer of the Lessee.
(c) The Escrow Agent shall pay all requisitions delivered to it by the Lessee prior
to the occurrence of an Event of Default under Section 5.1 or the failure of the Lessee to make any
payment hereunder as a result of a failure of its Governing Body to appropriate moneys for the
purpose of making any such payment.
(d) Acceptance of delivery of the Equipment or the components thereof and
execution by the Lessee of the requisition or requisitions for the purchase price thereof pursuant to
Section 3.1 (b) shall constitute the Lessee's acknowledgment that the Equipment or the components
thereof are in good operating order, repair, condition and appearance, are ofthe manufacture, design
and capacity selected by the Lessee and are suitable for the purposes for which acquired.
(e) With the written consent of the Lessor, there may be substituted for the
Equipment or any component thereof described in Exhibit A and, if any such substitution shall cause
the aggregate purchase price of the Equipment to be in excess of the amount specified in
Section 3.1(b), the aggregate purchase price specified in Section 3.1(b) maybe increased pro tanto.
Upon any such increase, the Lessor and the Lessee shall amend Exhibit B to reflect a corresponding
increase in the Base Payments.
SECTION 3.2. Title to the Equipment: Security Interest. (a) During the Lease
Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and
modification shall be in the Lessee and the Lessee shall take all action necessary to vest such
ownership and title in the Lessee. The Lessor does not own the Equipment and by this Agreement
is merely financing the acquisition of such equipment for the Lessee. The Lessor has not been in the
chain of title of the Equipment, does not operate, control or have possession of the Equipment and
has no control over the Lessee or the Lessee's operation, use, storage or maintenance of the
Equipment.
(b) The Lessee hereby grants to the Lessor a continuing, first priority security
interest in and to the Equipment, all repairs, replacements, substitutions and modifications thereto
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384558.2 024692 AGMT
and all proceeds thereof and in the Equipment Acquisition Fund in order to secure the payment of
the Base Payments and all other payment obligations ofthe Lessee hereunder and the performance
by the Lessee of all other obligations of the Lessee hereunder. With respect to any motor vehicle
constituting a component of the Equipment, or of which a component ofthe Equipment becomes a
part, and which is subject to Title 46.2, Chapter 6 ofthe Code of Virginia, 1950, such motor vehicle
shall be registered in the name of the Lessee, and the certificate of title to such motor vehicle shall
indicate that the Lessee is the owner of record and the Lessor is the first lienholder with respect to
such motor vehicle. The Lessee agrees to cooperate with the Lessor in executing and filing financing
statements and taking such other actions as shall be required to perfect the Lessor's valid first lien
and perfected security interest in the Equipment. Ifrequested by the Lessor, the Lessee shall obtain
a landlord and/or mortgagee's consent and waiver with respect to the Equipment. If requested by the
Lessor, the Lessee shall conspicuously mark the Equipment, and maintain such markings during the
Lease Term, to disclose clearly the Lessor's security in the Equipment. Upon termination of this
Agreement through exercise of the Lessee's prepayment option pursuant to Section 3.15 or through
payment by the Lessee ofthe amount provided for in Section 3.16(b) or all Base Payments and other
amounts due with respect to the Equipment, the Lessor's security interest in the Equipment shall
terminate, and the Lessor shall execute and deliver to the Lessee such documents as the Lessee may
reasonably request to evidence the termination of the Lessor's security interest in the Equipment.
SECTION 3.3. Lease of the Equipment: Absence of Representations.
Warranties or Covenants of the Lessor as to Merchantability. Etc.: Enforcement of Warranties
Against Seller or Manufacturer of the Equipment. ( a) The Lessor hereby leases the Equipment to
the Lessee, and the Lessee hereby leases the Equipment from the Lessor, upon the terms and
conditions of this Agreement. The Lessee shall be entitled to possession of each component ofthe
Equipment and may retain possession of each component of the Equipment so long as it is not in
default under the terms of this Agreement.
(b) THE LESSEE ACKNOWLEDGES THAT THE EQUIPMENT LEASED
HEREUNDER IS OF A TYPE, DESIGN, SIZE, CAPACITY AND MANUFACTURE SELECTED
BY THE LESSEE; THAT THE LESSOR IS NOT A MANUFACTURER OF, OR DEALER IN,
THE EQUIPMENT; THAT NEITHER THE VENDOR, THE MANUFACTURER NOR ANY
AGENT THEREOF IS AN AGENT OF THE LESSOR; THAT THE LESSOR HAS NOT, WILL
NOT AND HAS NO OBLIGATION TO, INSPECT THE EQUIPMENT PRIOR TO DELIVERY
TO THE LESSEE; THAT THE LESSOR IS NOT RESPONSIBLE FOR REPAIRS, SERVICE OR
DEFECTS IN THE EQUIPMENT OR OPERATIONS THEREOF; AND THAT THE LESSOR
HAS NOT MADE AND WILL NOT MAKE ANY REPRESENTATION, WARRANTY OR
COVENANT, EXPRESS OR IMPLIED, OF ANY KIND OR AS TO ANY MATTER
WHATSOEVER ON WHICH THE LESSEE MAY RELY, INCLUDING WITHOUT
LIMITATION, THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH LAWS, GOVERNMENTAL REGULATIONS OR RULES, ORDERS,
SPECIFICATIONS OR CONTRACT, CONDITION, TITLE, QUALITY, DESIGN, DURABILITY
OR SUIT ABILITY FOR THE LESSEE'S PURPOSES OF THE EQUIPMENT IN ANY RESPECT,
OR ANY PATENT INFRINGEMENT OR LATENT OR PATENT DEFECTS. THE LESSOR
SHALL NOT BE LIABLE TO THE LESSEE FOR ANY LIABILITY, LOSS OR DAMAGE
CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE
EQUIPMENT OR ANY INADEQUACY THEREOF OR DEFICIENCY OR DEFECT THEREIN
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384558.2 024692 AGMT
ORBY ANY INCIDENT WHATSOEVER IN CONNECTION THEREWITH AND THE LESSEE
HEREBY ACKNOWLEDGES THE FOREGOING DISCLAIMER BY THE LESSOR.
(c) The Lessor hereby appoints the Lessee its agent and attorney-in-fact, for and
in its name and behalf to make and enforce, at the Lessee's cost and expense, whatever claims the
Lessor may have against the seller or manufacturer of the Equipment under any warranty, express
or implied in respect thereof. Nothing contained in this Section 3.3(c) shall be construed to
constitute a waiver by the Lessor or the Lessee of any right against any seller or manufacturer of any
component of the Equipment arising out of a defect in the title to such Equipment.
SECTION 3.4. Lease Term. The Lease Term shall commence on the date of
delivery ofthis Agreement and, unless sooner terminated in accordance with the provisions hereof,
shall terminate on January 1, 2007.
SECTION 3.5. Rentals. (a) Subject to the provisions set forth in Section 3.6,
the Lessee shall pay to the Lessor, at its address set forth in Section 7.5, on each "Due Date"
specified in Exhibit B, the Base Payments as set forth in such Exhibit B under the caption "Payment
Amount" except to the extent of any reduction in the Base Payments pursuant to Section 3.5(c).
Each Base Payment shall be paid in lawful money of the United States of America.
(b) The obligations of the Lessee to make the rental payments required under
Section 3 .5(a) and the payments required under other sections hereof and to perform and observe the
other agreements contained herein shall be absolute and unconditional except as provided in
Sections 3.6 and 6.1.
(c) It is understood that this Agreement is being entered into by the Lessor and
the Lessee for the purpose of financing the acquisition and installation of the Equipment on behalf
of the Lessee and that each Base Payment under this Agreement is comprised of a principal
component and an interest component. The interest component of the Base Payments set forth in
Exhibit C is based on an interest rate of3.74% per annum, calculated on the basis ofa 360-dayyear
comprised of twelve 30-day months. The interest component of the Base Payments set forth in
Exhibit B shall accrue from and after March 21, 2002, being the date ofthe execution and delivery
of this Agreement and the delivery by the Lessor of the amount of$1,157,500 to the Escrow Agent
for deposit into the Equipment Acquisition Fund in accordance with the provisions of Section 3.1 (b)
hereof.
SECTION 3.6. Availability of Funds to Make Rental Payments: Rental
Payments Subiect to Appropriation. The Lessee reasonably believes that funds can be obtained
sufficient to make all rental payments required by Section 3.5(a) during the Lease Term. While
recognizing that it is not empowered to make any binding commitment beyond the current Fiscal
Year of the Lessee, the Governing Body of the Lessee hereby declares the nature of the Equipment
essential to the efficient operation ofthe Lessee. The Governing Body ofthe Lessee anticipates that
the need for the Equipment will not change during the Lease Term. The Governing Body of the
Lessee also hereby states its intent to make annual appropriations during the Lease Term sufficient
to make the rental payments required by Section 3. 5( a). Notwithstanding anything in this Agreement
to the contrary, the Lessee's obligations to pay the cost of performing its obligations under this
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Agreement, including without limitation its obligations to pay all rental payments required by
Section 3.5(a), shall be subject to and dependent upon annual appropriations being made by the
Governing Body of the Lessee for such purpose; provided, however, that the City Manager of the
Lessee or other officer charged with the responsibility for preparing the Lessee's budget shall include
in the proposed budget for each Fiscal Year ofthe Lessee the amount ofthe rental payments required
by Section 3.5(a) and all other amounts required to be paid under this Agreement during such Fiscal
Year ofthe Lessee, and the City Manager or such other officer ofthe Lessee shall use his or her best
efforts to obtain the annual appropriations ofthe rental payments required by Section 3.5(a) and such
other amounts throughout the Lease Term.
SECTION 3.7. Use ofthe Equipment. The Lessee shall use the Equipment
in the ordinary course of the regular operations conducted by the Lessee and only in the
Commonwealth of Virginia. The Lessee represents that the Equipment is essential to the Lessee's
proper, efficient and economic operation. The Lessee shall use the Equipment only for the purposes
for which it was designed, and shall not abuse the Equipment or use it in such a manner that any
seller's or manufacturer's warranty thereon would be void. Subject to the provisions of Section 3.6,
the Lessee shall, at its own cost and expense, comply with, and cause the Equipment to comply with,
all laws, rules, regulations, ordinances, restrictions and agreements (including insurance policies),
affecting the Equipment or the use, installation or maintenance thereof, including the making of all
changes in, additions, to, or safeguards for the Equipment (even if unforeseen or extraordinary) that
may be required for such compliance.
SECTION 3.8. Maintenance and Preservation ofthe Equipment. Subject to
the provisions of Section 3.6, the Lessee, at its own cost and expense, shall keep and maintain the
Equipment in good mechanical condition, repair and appearance at all times during the Lease Term
and shall comply with all requirements ofthe manufacturers ofthe Equipment necessary to meet all
manufacturers' warranties in force. The Lessor shall not be required to maintain or make any repairs
or replacements of any nature or description to or of the Equipment. The Lessee shall not make any
alterations, additions, modifications or improvements to the Equipment that will diminish the value
ofthe Equipment or any component thereof without the Lessor's prior written consent. All additions
and improvements made to the Equipment shall be deemed to constitute a part of the Equipment.
SECTION 3.9. Liens. The Lessee shall not directly or indirectly create, incur,
assume, permit or suffer to exist, and, subject to the provisions of Section 3.6, shall, at its own cost
and expense, promptly remove and discharge any lien, encumbrance or charge upon the Equipment
(other than this Agreement or any lien, encumbrance or charge created by the Lessor) or upon the
Lessee's interest therein, and the Lessee shall take all such action as may be necessary to protect and
defend the title and interest of the Lessor and the Lessee in and to the Equipment from any such
liens, encumbrances and charges. The Lessee shall promptly give the Lessor notice of any lien
created upon the Equipment, stating the action the Lessee has taken or is about to take with respect
thereto.
SECTION 3.10. Insurance. The Lessee shall keep the Equipment
(i) continuously insured under a policy or policies of commercial insurance against loss by fire (with
extended coverage), such coverage to be equal to, at a minimum, the unpaid principal components
of the Base Payments (such that the Lessor or the Lessee does not become a co-insurer for any
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portion of such unpaid principal components), and against such other risks as are customarily insured
against by reasonable and prudent public bodies of like size and type as would operate the
Equipment; and (ii) insured with comprehensive general liability insurance (including self-insurance
if commercial insurance cannot be procured at reasonable cost), paying, subject to the provisions of
Section 3.6, all premiums with respect thereto as the same become due and payable. Each policy or
policies of insurance referred to in clauses (i) and (ii) of the immediately preceding sentence shall
name the Lessor and the Lessee as insureds as their interests may appear. Each such policy or
policies of insurance shall provide that the same may not be altered or cancelled by the insurer except
after not less than thirty (30) days' prior written notice to the Lessor. In lieu of separate insurance
policies, such insurance may be in the form of a blanket insurance policy or policies. Insurance
policies may be written with deductible amounts or exceptions and exclusions comparable to those
of reasonable and prudent public bodies oflike size and type as would operate the Equipment. The
Lessee shall on the date of execution and delivery of this Agreement, and from time to time during
the term ofthis Agreement upon the request of the Lessor, furnish the Lessor with evidence that the
Lessee has obtained and is maintaining the policy or policies of insurance required by this
Section 3.10. With the Lessor's prior consent, the Lessee may self-insure the Equipment by means
of an adequate insurance fund set aside and maintained for that purpose which must be fully
described in a letter delivered to the Lessor in form acceptable to the Lessor. If the Lessee self
insures, the Lessee shall cause to be filed annually with the Lessor a certificate of its risk manager
or insurance consultant as to the adequacy of reserves for such self-insurance.
SECTION 3.11. Personal Property. The Equipment is and will remain personal
property and will not be deemed to be affixed to or a part of the real estate on which it may be
situated, notwithstanding that the Equipment or any component thereof may be or hereafter may
become in any manner physically affixed or attached to real estate or any building thereon. If
requested by the Lessor, the Lessee will, at the Lessee's expense, furnish a landlord or mortgagee
waiver with respect to the Equipment.
SECTION 3.12. Records: Inspection. The Lessee shall maintain adequate
records identifying and locating the Equipment, and shall permit the Lessor, by its employees,
agents, accountants and attorneys, to examine such records, make extracts therefrom, discuss the
same with the Lessee's officers and agents, and to inspect the Equipment, at reasonable times during
business hours.
SECTION 3.13. Nature of Obligations of the Lessee: Notice of Events of
Default. (a) Except as provided in Sections 4.1,5.2 and 6.1, this Agreement shall not terminate nor
shall the Lessee have any right to terminate this Agreement or to be released, relieved or discharged
from any obligations or liabilities hereunder for any reason whatsoever.
(b) Subject to the provisions of Section 3.6, the obligations ofthe Lessee to pay
rentals and to pay all other amounts provided for in this Agreement and to perform its obligations
under this Agreement shall be absolute and unconditional and such rentals and other amounts shall
be payable without any rights of set-off, recoupment or counterclaim it might have against the Lessor
or any other person or vendor and whether or not the Equipment is used by the Lessee or available
for use by the Lessee.
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(c) The Lessee shall give the Lessor prompt written notice of any Event of Default
hereunder or any event of non-appropriation of sufficient funds to pay rental payments and other
amounts under this Agreement.
(d) Except as otherwise provided herein and to the extent permitted by law, the
Lessee waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or
surrender this Agreement, or to any abatement, suspension, deferment, diminution or reduction of
rental obligations or other amounts payable by the Lessee, for any cause including, without limiting
the generality of the foregoing, any acts or circumstances that may constitute an eviction or
constructive eviction, failure of consideration, failure of title, or frustration of purpose, or any
damage to or destruction ofthe Equipment, or the taking by eminent domain of title to or the right
oftemporary use of all or any component ofthe Equipment, or the failure ofthe Lessee to perform
and observe any agreement or covenant, whether express or implied, of any duty, liability or
obligation arising out of or connected with this Agreement.
SECTION 3.14. Tax Covenants. The Lessee represents and covenants that it
will not use the Equipment, or permit the Equipment to be used, in such a manner as would cause
the portion of the rental payments designated as interest to be included in gross income for federal
income tax purposes under Section l03(a) ofthe Code. The Lessee represents and covenants that
it will not take any action or fail to take any action which would result in this Agreement or the
obligations ofthe Lessee hereunder constituting an "arbitrage bond" within the meaning of such term
as used in Section 148 of the Code or which would violate regulations promulgated by the
Department of the Treasury under the Code applicable to this Agreement and will comply in all
respects with the provisions of the Federal Tax Certificate, dated the date hereof, executed and
delivered by the Lessee (the "Federal Tax Certificate"), including, without limitation, the
requirement to file a Form 8038-G or other informational report with the Internal Revenue Service
in accordance with the provisions of Section 149( e) of the Code and the regulations promulgated
thereunder. The Lessee specifically agrees to pay such amounts of rebatable arbitrage at such times
as are required to be paid by the Lessee pursuant to the Federal Tax Certificate. The parties to this
Agreement contemplate that the Equipment will be used for governmental or proprietary purposes
of the Lessee and that the Equipment will therefore be exempt from all property taxes. If the use,
possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, the
Lessee shall pay when due, subject to the provisions of Section 3.6, all taxes and governmental
charges lawfully assessed or levied against or with respect to such Equipment. The Lessee shall pay,
subject to the provisions of Section 3.6, such taxes as the same may become due.
SECTION 3.15. Prepayment Option. On each Due Date, the Lessee shall have
an option to purchase the Equipment for an amount equal to the Termination Value set forth opposite
such Due Date in Exhibit B. The Lessee's right to exercise such prepayment option shall be
conditioned upon the Lessee's having performed all terms and conditions required to be performed
by the Lessee under this Agreement in a timely fashion and no Event of Default or failure to
appropriate on the part ofthe Lessee having occurred and remaining unremedied during the term of
this Agreement. The Lessee shall, as a condition precedent to the exercise of such prepayment
option, give notice of its intention to exercise such option at least thirty (30) days prior to the Due
Date upon which it seeks to exercise such option.
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SECTION 3.16. Effect of Event ofTaxability. (a) Upon the occurrence ofan Event
of Taxability, the Lessee shall pay to the Lessor upon demand, subject to the provisions of Section
3.6, (i) an amount which, with respect to Base Payments previously paid and taking into account all
penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on
the interest due through the date of such event), will restore to the Lessor its after-tax yield
(assuming tax at the highest marginal tax rate and taking into account the time of receipt of Base
Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by this
Agreement through the date of such event; and (ii) as additional Base Payments to the Lessor on each
succeeding Due Date such amount as will maintain such after-tax yield to the Lessor.
(b) As an alternative to the obligation of the Lessee to pay to the Lessor the
amounts described in clauses (i) and (ii) of subsection (a) of this Section 3.16, the Lessee, upon
receipt of written notification from the Lessor ofthe occurrence of an Event ofTaxability at any time
during the Lease Term, shall have the option to pay to the Lessor an amount equal to the Termination
Value set forth on Exhibit 13 opposite the Due Date immediately preceding the Lessee's receipt of
such notice, together with the interest accrued on such amount from such immediately preceding Due
Date to the date such payment is made, and upon such payment and the payment of all other amounts
then due and payable by the Lessee to the Lessor hereunder, this Agreement shall terminate and the
Lessor shall take the actions required by Section 3 .2(b) hereof to terminate the Lessor's security
interest in the Equipment. The Lessee shall, as a condition precedent to the exercise of the option
provided for in this Section 3 .16(b), give notice of its intention to exercise such option at least thirty
(30) days prior to the payment date.
ARTICLE IV
LOSS AND DAMAGE
SECTION 4.1. Loss and Damage. The Lessee shall bear the entire risk of loss,
theft, condemnation, destruction or damage of or to the Equipment from any cause whatsoever, and
no loss, theft, condemnation, destruction or damage of or to the Equipment shall relieve the Lessee
ofthe obligation to pay rent or of any other obligation under this Agreement. In the event of damage
to any component of the Equipment, the Lessee shall immediately repair, rebuild or restore the
property damaged to substantially the same condition as it existed prior to the event causing the
damage. Ifthe Lessor determines that any component ofthe Equipment is lost, stolen, condemned,
destroyed or damaged beyond repair, the Lessee, at its option, will: (a) replace the same with like
property in good repair, or (b) terminate this Agreement with respect to such component of the
Equipment so lost, stolen, condemned, destroyed or damaged beyond repair and pay the Lessor in
cash all of the following: (i) all amounts then owed by the Lessee or accrued to the Lessor under this
Agreement with respect to such component ofthe Equipment; and (ii) the unpaid balance ofthe Base
Payments with respect to such component ofthe Equipment for the term ofthis Agreement, less the
amount of such Base Payments attributable to interest accruing after the payment date. Upon the
Lessor's receipt of such payment, the Lessee shall be entitled to whatever interest the Lessor may
have in the component ofthe Equipment so lost, stolen, condemned, destroyed or damaged beyond
repair, in its then condition and location, without warranties, expressed or implied. The termination
ofthis Agreement in accordance with the provisions ofthis Section 4.1 with respect to a lost, stolen,
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condemned, destroyed or damaged component ofthe Equipment shall not affect to obligations ofthe
Lessee under this Agreement with respect to the remaining components of the Equipment.
ARTICLE V
EVENTS OF DEFAULT AND REMEDIES
SECTION 5.1. Events of Default: Non-Appropriation Not An Event of
Default. (a) The following shall be "Events of Default" under this Agreement, and the terms "Event
of Default" or "Default" shall mean, whenever they are used in this Agreement, anyone or more of
the following events:
(1) Failure by the Lessee to pay when due any rental payments required to be paid
under Section 3.5(a) subject to the provisions of Section 5.1(b);
(2) Failure by the Lessee to provide the insurance coverage required under Section
3.10, subject to the provisions of Section 5.1(b);
(3) Failure by the Lessee to pay when due any payment due under this Agreement
other than rental payments due under Section 3.5(a), subject to the provisions of Section 5.1 (b), or
observe and perform any covenant, condition or agreement on its part to be observed or performed,
which failure shall continue for a period of sixty (60) days after written notice is given, or in the case
of any such Default that cannot with due diligence be cured within such sixty (60) day period, failure
of the Lessee to proceed promptly to cure the same and thereafter prosecute the curing of such
Default with due diligence; or
(4) Bankruptcy of the Lessee, or failure by the Lessee to lift any execution or
attachment against the Equipment, which failure shall continue for a period of sixty (60) days after
written notice is given, or in the case of any such Default that cannot with due diligence be cured
within such sixty (60) day period, failure of the Lessee to proceed promptly to cure the same and
thereafter prosecute the curing of such Default with due diligence.
(b) Notwithstanding anything contained in this Section 5.1 to the contrary, a
failure by the Lessee to pay when due any payment required to be made under this Agreement or a
failure by the Lessee to observe and perform any covenant, condition or agreement on its part to be
observed or performed under this Agreement resulting from a failure ofthe Governing Body of the
Lessee to appropriate moneys for such purposes shall not constitute an Event of Default. Upon any
such failure to appropriate, the provisions of Article VI shall be applicable.
SECTION 5.2. Remedies Upon Default. (a) Whenever any Event of Default
shall have happened and be subsisting, the Lessor may take anyone or more of the following
remedial steps, without further demand or notice:
(i) re-enter and take possession of any component or all of the Equipment, with
or without terminating this Agreement, exclude the Lessee from possession and sell, lease or
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sublease the Equipment or any component thereof for the account of the Lessee, holding the Lessee
liable for all rental payments payable under Section 3.5(a) and other amounts payable by the Lessee
hereunder due up to the effective date of such selling, leasing or subleasing and for the difference
between (A) the purchase price, rent and other amounts paid by the purchaser, lessee or sublessee
pursuant to such sale, lease or sublease, and (B) any rental payments payable under Section 3.5(a)
accrued and not yet payable and thereafter to become due and any other amounts payable by the
Lessee hereunder; or
(ii) take whatever action at law or in equity may appear necessary or desirable to
collect the rental payments payable under Section 3.5(a) and other amounts payable by the Lessee
hereunder then due and thereafter to become due, or to enforce performance and observance of any
obligation, agreement or covenant of the Lessee under this Agreement.
(iii) Notwithstanding any other provisions in this Section 5.2 to the contrary, upon
default, the Lessee shall only be liable to the Lessor for amounts due and payable during the Fiscal
Year of the Lessee in which the Event of Default occurred; provided that this Agreement shall not
have been terminated in accordance with the provisions of Section 6.1 hereof prior to the
commencement of such Fiscal Year of the Lessee.
(b) In any of such cases, all rights and interests created or then existing in favor
of the Lessee as against the Lessor hereunder shall cease and terminate and the right to the
possession ofthe Equipment and all other rights acquired by the Lessee hereunder shall revert to and
revest in the Lessor without any act of re-entry, or any other act of the Lessor to be performed and
without any right of the Lessee of return, reclamation or compensation for moneys paid under this
Agreement as absolutely, fully and perfectly as ifthis Agreement and such payments had never been
made; and in case of such default all payments theretofore made on this Agreement are to be retained
by and belong to the Lessor as the agreed and reasonable rent of the Equipment up to the time of
such default.
(c) Any amount received by the Lessor pursuant to the foregoing provisions of
this Section 5.2 shall be applied first to costs, then to any unpaid interest component of the rental
payments payable under Section 3.5(a), and then to payment of any unpaid principal component of
the rental payments payable under Section 3.5(a), and upon payment in full of all rental payments
required pursuant to Section 3.5(a) due and thereafter to become due through the end ofthe Lease
Term, and the Lessor shall transfer, conveyor assign the Lessor's right, title and interest in the
Equipment to the Lessee.
SECTION 5.3. No Right or Remedy Exclusive. No remedy conferred upon
or reserved to the Lessor by this Agreement is intended to be exclusive of any other available remedy
or remedies, but every such remedy shall be cumulative and shall be in addition to every other
remedy given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed expedient. In order to entitle the Lessor
to exercise any remedy reserved to it in this Article V, it shall not be necessary to give any notice,
other than such notice as may be herein expressly required.
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SECTION 5.4. Effect of Failure to Require Performance or Waiver of Breach.
Failure by the Lessor at any time to require performance by the Lessee of any provision hereof shall
in no way affect the Lessor's right hereunder to enforce the same, nor shall any waiver by the Lessor
of any breach of any provision hereofbe held to be a waiver of any succeeding breach of any such
provision, or as a waiver of the provision itself.
ARTICLE VI
TERMINATION OF AGREEMENT
SECTION 6.1. Termination of Lease Upon a Failure to Appropriate. If as a
result of a failure of the Governing Body of the Lessee to appropriate moneys for such purpose, the
Lessee shall not have the funds available to pay and shall fail to pay when due any rental payment
payable under Section 3.5(a) or any other payment to be paid by the Lessee under this Agreement,
this Agreement shall terminate as of the end of the then current Fiscal Year of the Lessee.
Notwithstanding any such termination, the Lessor shall be entitled to any rental payments or other
payments due and owing for which funds shall have been appropriated by the Governing Body of
the Lessee.
SECTION 6.2. Rights of Lessor Upon a Failure to Appropriate. Upon the
failure of the Governing Body of the Lessee to appropriate funds necessary for the Lessee's
performance hereunder, the Lessor may exclude the Lessee from possession of the Equipment and
may sell, lease or sublease any component or all of the Equipment in the manner provided by
Section 5.2(a)(i).
ARTICLE VII
MISCELLANEOUS
SECTION 7.1. Assignment of Agreement. (a) Without the Lessor's prior
written consent, the Lessee shall not (i) assign, transfer, pledge, hypothecate or otherwise dispose
of this Agreement or any interest herein; or (ii) sell, sublet, lend or otherwise transfer any interest
in the Equipment or permit it to be used by anyone other than the Lessee or the Lessee's employees.
(b) The Lessor may assign, transfer, pledge, hypothecate or otherwise dispose of
its right, title and interest hereunder or in the Equipment in whole but not in part without the consent
of the Lessee. The Lessor agrees, however, to provide the Lessee with notice of any such
assignment, transfer, pledge, hypothecation or other. disposition. In the event the Lessor assigns any
or all of its right, title and interest in, to and under this Agreement, the provisions ofthis Agreement
shall inure to the benefit of the assignee, and the Lessee shall endorse on any such assignment its
consent thereto and its agreement to pay thereafter all amounts due hereunder which are so assigned
directly to the assignee without off-set or deduction for any cause and thereafter all notices to be sent
by the Lessee to the Lessor hereunder shall also be sent to the assignee. The Lessee shall retain all
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such notices of assignment as a register of all assignees in compliance with Section 149(a) of the
Code and shall make all payments to the assignee or assignees designated in such register.
SECTION 7.2. Reimbursement. Subject to the provisions of Section 3.6, the
Lessee shall reimburse the Lessor upon demand, as additional rental, all reasonable expenses
incurred by the Lessor subsequent to the date hereof which relate to the enforcement ofthe Lessee's
rights under this Agreement, including, without limitation, drawing of papers, recording and filing
fees and the fees and disbursements of counsel.
SECTION 7.3. Security Agreement. This Agreement is intended to constitute
a security agreement within the meaning ofthe Uniform Commercial Code or other applicable law
in effect in the Commonwealth of Virginia. The Lessee agrees to execute such additional
documents, including financing statements, assignments, affidavits, notices and similar instruments
and applications to add lienholders to certificates oftitle for motor vehicles, if applicable, all in form
satisfactory to the Lessor, which the Lessor deems necessary or appropriate to establish and maintain
the security interest created by this Section 7.3.
SECTION 7.4. Severability. Each provision contained in this Agreement shall
for all purposes be construed to be separate and independent and the breach of any such provision
by the Lessor shall not discharge or relieve the Lessee from the Lessee's obligation to observe and
perform each provision of this Agreement to be observed or performed by the Lessee. If any
provision of this Agreement or the application thereof, to any person or circumstances shall to any
extent be invalid and unenforceable, this Agreement shall not be affected thereby, and each provision
of this Agreement shall be valid and shall be enforceable to the extent permitted by law.
SECTION 7.5. Notices. Unless otherwise provided herein, all demands,
notices, approvals, consents, requests, opinions and other communications hereunder shall be in
writing and shall be deemed to have been given when delivered in person, or when sent by Federal
Express or a comparable express courier service, or when mailed by first class or registered or
certified mail, postage prepaid, addressed as follows:
If to the Lessor:
Koch Financial Corporation
17767 North Perimeter Drive, Suite 101
Scottsdale, Arizona 85255
Ifto the Lessee:
City of Roanoke, Virginia
Department of Finance
215 Church Avenue, S.W., Room 461
Roanoke, Virginia 24006-1220
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The Lessor and the Lessee may, by notice given hereunder, designate any further or
different addresses to which subsequent demands, notices, approvals, consents, requests, opinions
or other communications shall be sent or persons to whose attention the same shall be directed.
SECTION 7.6. Headings. The headings to the various sections of this
Agreement have been inserted for convenient reference only and shall not modify, define, limit or
expand the provisions of this Agreement.
SECTION 7.7. Governing Law. This Agreement and the right and obligations
of the parties to this Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the Commonwealth of Virginia and any suits and actions arising out of this
Agreement shall be instituted in any court of competent jurisdiction in the City of Roanoke, Virginia.
SECTION 7.8. Entire Agreement. This Agreement constitutes the entire
agreement between the parties, and there are no warranties (in respect of the Equipment or
otherwise) or restrictions, express or implied, or collateral or contemporaneous agreements that
affect its meaning. This Agreement may be modified, amended or mutually rescinded only by a
written instrument executed by each of the parties hereto.
SECTION 7.9. Beneficiaries of Agreement. The terms, covenants, agreements
and conditions contained herein shall extend to, include, and inure to the benefit of, and be binding
upon, the respective permitted successors and assignees, as the case may be, of the Lessor and the
Lessee.
SECTION 7.10. Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original and all of which together shall constitute but one and
the same instrument.
IN WITNESS WHEREOF, the Lessor and the Lessee have caused this Agreement
to be duly executed as of the day and year first above written.
KOCH FINANCIAL CORPORATION,
as Lessor
By:
Name:
Title:
CITY OF ROANOKE, VIRGINIA,
as Lessee
By:
Name: Darlene L. Burcham
Title: City Manager
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ESCROW AGREEMENT
by and among
KOCH FINANCIAL CORPORATION,
THE CITY OF ROANOKE, VIRGINIA,
and
SUNTRUST BANK,
as Escrow Agent
Dated as of March 21, 2002
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ESCROW AGREEMENT
This ESCROW AGREEMENT, made and entered into as March 21, 2002, by and
among KOCH FINANCIAL CORPORATION, a corporation ("Lessor"), and THE
CITY OF ROANOKE, a political subdivision of the Commonwealth of Virginia ("Lessee"), and
SUNTRUST BANK, a Georgia banking corporation ("Escrow Agent").
as follows:
In consideration of the mutual covenants herein contained, the parties hereto agree
ARTICLE I
DEFINITIONS
SECTION 1.1. Definitions. The terms defined in this section shall, for all
purposes of this Escrow Agreement, have the meanings specified below. The terms capitalized in
this Escrow Agreement but not defined herein shall have the meanings assigned to them in the Lease.
"Acquisition Costs" means, with respect to the Equipment, the contract price paid or
to be paid to a vendor thereof upon acquisition or delivery of any portion of the Equipment in
accordance with the purchase order or contract therefor. Acquisition Costs may include the
administrative, engineering, legal, financial and other costs incurred by the Lessee in connection with
the acquisition, delivery and financing of the Equipment, if approved by Lessor.
"Equipment" means the personal property described in Exhibit A to the Lease,
together with any and all modifications, additions and alterations thereto, to be acquired from the
moneys held in the Equipment Acquisition Fund.
"Equipment Acquisition Fund" means the account by that name established and held
by the Escrow Agent pursuant to Article II of this Escrow Agreement.
"Escrow Agent" means SunTrust Bank, or any successor thereto acting as the Escrow
Agent pursuant to this Escrow Agreement.
"Escrow Agent Fee" has the meaning set forth in Section 6.1 of this Escrow
Agreement.
"Escrow Agreement" means this Escrow Agreement and any duly authorized and
executed amendment thereto.
"Lease" means the Equipment Lease Purchase Agreement, dated as of March 21,
2002, by and between Lessee and Lessor, including any Equipment schedules entered into thereunder
and any duly authorized and executed amendment thereto.
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"Payment Request Form" means the document substantially in the form attached
hereto as Exhibit A to be executed by Lessee and Lessor and submitted to the Escrow Agent to
authorize payment of Acquisition Costs.
"Rental Payments" means the Base Payments payable pursuant to Section 3.5(a) of
the Lease as set forth in Exhibit B to the Lease.
"Oualified Investments" means (i) direct general obligations of the United States of
America; (ii) obligations guaranteed by the United States of America; (iii) general obligations ofthe
agencies and instrumentalities ofthe United States of America; or (iv) certificates of deposit, time
deposits or demand deposits with any bank or savings institution qualified as a depository of public
funds in the Commonwealth of Virginia, provided that such certificates of deposit, time deposits or
demand deposits, ifnot insured by the Federal Deposit Insurance Corporation or the Federal Savings
and Loan Insurance Corporation, are fully secured by obligations described in clauses (i), (ii), or (iii)
above. In no event shall "Qualified Investments" include any investments other than those permitted
by any state, county or municipal law applicable to investment of Lessee's funds;provided, however,
that neither Lessor nor the Escrow Agent shall be responsible for determining the applicability of
any such law and each shall be entitled to rely solely on the determination of Lessee with respect to
such matters.
ARTICLE II
APPOINTMENT OF ESCROW AGENT; AND AUTHORITY
SECTION 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby
appoint and employ Escrow Agent to receive, hold, invest and disburse the moneys to be paid to the
Escrow Agent pursuant to this Escrow Agreement and the Lease and to perform certain other
functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Escrow
Agent accepts the duties and obligations of Escrow Agent hereunder; provided, however, that its
duties and obligations hereunder shall be limited to those specifically provided herein.
SECTION 2.2. Authority. Each ofthe parties has authority to enter into this
Escrow Agreement, and has taken all actions necessary to authorize the execution of this Escrow
Agreement by the officers whose signatures are affixed hereto.
ARTICLE III
EQUIPMENT ACQUISITION FUND; DEPOSIT; DISBURSEMENTS;
TRANSFERS UPON COMPLETION; AND LIQUIDATION
SECTION 3.1. Equipment Acquisition Fund. The Escrow Agent shall establish
a special escrow account designated as the "Equipment Acquisition Fund" (the "Equipment
Acquisition Fund"), shall keep such Equipment Acquisition Fund separate and apart from all other
funds and moneys held by it and shall administer such Equipment Acquisition Fund as provided in
this Escrow Agreement.
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SECTION 3.2. Deposit. Upon execution ofthe Lease and delivery to Lessor
by Lessee of all documents required to be delivered thereunder, Lessor shall deposit or cause to be
deposited with the Escrow Agent the sum of $1,157,500. The Escrow Agent shall credit such
amount to the Equipment Acquisition Fund.
SECTION 3.3. Disbursements. The Escrow Agent shall use the moneys in the
Equipment Acquisition Fund to pay the Acquisition Costs of each item of Equipment subject to the
Lease, within a reasonable time of receipt with respect thereto ofa Payment Request Form executed
by Lessor and Lessee, fully completed and with all supporting documents described therein attached
thereto. Upon receipt of a Payment Request Form with respect to any item of Equipment, an amount
equal to the Acquisition Cost as shown therein shall be paid directly to the person or entity entitled
to payment as specified therein.
SECTION 3.4. Transfers Upon Completion. Unless all ofthe funds deposited
by Lessor in the Equipment Acquisition Fund have been previously disbursed pursuant to Section
3.3 or paid to Lessor pursuant to Section 3.5, on March 20,2003, the Escrow Agent shall pay all
remaining moneys in the Equipment Acquisition Fund to Lessor or its assignee for application as a
prepayment ofthe unpaid principal under the Lease. Lessor shall apply amounts received under this
Section 3.4 first to unpaid fees, late charges and collection costs, if any, which have accrued or been
incurred under the Lease, then to overdue principal and interest on the Lease and then, in the sole
discretion of Lessor, either (i) to principal payments thereafter due under the Lease in the inverse
order of their maturities; or (ii) proportionately to each principal payment thereafter due under the
Lease. In the event that Lessor elects to apply such amounts in accordance with clause (i) of the
preceding sentence, Lessee shall continue to make Rental Payments as scheduled in the Lease. In
the event that Lessor elects to apply such amounts in accordance with clause (ii) ofthis Section 3.4,
Lessor shall provide Lessee with a revised payment schedule which shall reflect the revised principal
balance and reduced Rental Payments due under the Lease.
SECTION 3.5. Liquidation. Upon receipt of written notice from Lessor or
Lessee that the Lease has been terminated pursuant to Section 6.1 thereof, the Escrow Agent shall
liquidate all investments held in the Equipment Acquisition Fund and transfer the proceeds thereof
and all other moneys held in the Equipment Acquisition Fund to Lessor.
ARTICLE IV
IRREVOCABLE TRUST; INVESTMENT;
DISPOSITION OF INVESTMENTS; ACCOUNTING; AND TERMINATION
SECTION 4.1. Irrevocable Trust. The moneys and investments held by the
Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessor
and Lessee, and such moneys, together with any income or interest earned, shall be expended only
as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or
for the benefit of any creditor of either Lessor or Lessee (other than Lessor's security interest granted
hereunder).
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SECTION 4.2. Investment. Moneys held by the Escrow Agent hereunder shall
be invested and reinvested by the Escrow Agent upon order of Lessee only in Qualified Investments.
Such investments shall be registered in the name ofthe Escrow Agent and held by the Escrow Agent
for the benefit of Lessor and Lessee. The Escrow Agent may purchase or sell to itself or any
affiliate, as principal or agent, investments authorized by this Article IV. Such investments and re-
investments shall be made giving full consideration for the time at which funds are required to be
available. Any income received on such investments shall be credited to the Equipment Acquisition
Fund. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with
any investment of moneys made by it in accordance with this Article IV.
SECTION 4.3. Disposition of Investments. The Escrow Agent shall, without
further discretion from Lessee, sell such investments as and when required to make any payment
from the Equipment Acquisition Fund.
SECTION 4.4. Accounting. The Escrow Agent shall keep complete and
accurate records of all moneys received and disbursed under this Escrow Agreement which shall be
available for inspection by Lessor, Lessee, or the agent of either ofthem, at any time during regular
business hours upon prior written request. The Escrow Agent shall furnish to Lessor and Lessee no
less than quarterly an accounting of all investments and interest and income therefrom.
SECTION 4.5. Termination. This Escrow Agreement shall terminate upon
disbursement by the Escrow Agent of all moneys held by it hereunder.
ARTICLE V
VALIDITY; USE OF COUNSEL AND AGENTS;
INTERPRETATION; AND LIMITED LIABILITY OF ESCROW AGENT
SECTION 5.1. Validity. The Escrow Agent may act upon any writing or
instrument or signature which it believes to be genuine, may assume the validity and accuracy of any
statement or assertion contained in such a writing or instrument, and may assume that any person
purporting to give any writing, notice, advice or instructions in connection with the provisions hereof
has been duly authorized to do so, and the Escrow Agent shall be under no duty to make any
investigation or inquiry as to any of the foregoing. The Escrow Agent shall not be liable in any
manner for the sufficiency or correctness as to form, manner and execution, or validity of any
instrument deposited with it, nor as to the identity, authority or right of any person executing the
same.
SECTION 5.2. Use of Counsel and Agents. The Escrow Agent may execute
any of the trusts or powers hereof and perform the duties required of it hereunder by or through
attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of
trust and its duty hereunder. The Escrow Agent shall not be answerable for the default or
misconduct of any such attorney, agent, or receiver selected by it with reasonable care. The Escrow
Agent may consult with counsel of its own choice and shall have full and complete authorization and
protection acting in compliance with the opinion of such counsel.
389520.1 024692 AGMT
SECTION 5.3. Interpretation. If Lessor or Lessee shall be in disagreement
about the interpretation of the Lease or this Escrow Agreement, or about the rights and obligations
of, or the propriety of any action contemplated by, the Escrow Agent hereunder, the Escrow Agent
may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The
Escrow Agent shall be entitled to reimbursement from the Equipment Acquisition Fund or, subject
to the appropriation of funds for that purpose by the Lessee's City Council, from the Lessee, for all
costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully
protected in suspending all or part of its activities under this Escrow Agreement until a final
judgment in such action is received.
SECTION 5.4. Limited Liability of Escrow Agent. The Escrow Agent shall
not be liable in connection with the performance or observation of its duties or obligations hereunder
except for in the case of its own gross negligence or wilful misconduct. The Escrow Agent shall
have no obligation or liability to any of the other parties under this Escrow Agreement for the failure
or refusal of any other party to perform any covenant or agreement made by such party hereunder
or under the Lease, but shall be responsible solely for the performance ofthe duties and obligations
expressly imposed upon it as Escrow Agent hereunder.
ARTICLE VI
COMPENSATION
SECTION 6.1. Escrow Agent Fee. The Escrow Agent shall be paid $-0- by
Lessee for the services to be rendered hereunder (the "Escrow Agent Fee"), and will be paid and/or
reimbursed by Lessee upon request for all expenses, disbursements and advances, including
reasonable attorneys' fees, incurred or made by it in connection with carrying out its duties
hereunder. The Escrow Agent's fee shall be payable from the interest earnings from this Equipment
Acquisition Fund. In the event a shortfall occurs, said shortfall shall be the responsibility of the
Escrow Agent, the Lessor, or their agents or assigns.
SECTION 6.2. Investment Fees. The Escrow Agent shall be entitled to charge
reasonable fees and commissions in connection with the investment by it of amounts held in the
Equipment Acquisition Fund (the "Investment Fees"). Lessor and Lessee hereby authorize the
Escrow Agent to periodically deduct the Investment Fees from interest earnings on the Equipment
Acquisition Fund.
ARTICLE VII
CHANGE OF ESCROW AGENT; MERGER OR CONSOLIDATION
SECTION 7.1. Removal of Escrow Agent. Lessor and Lessee, by written
agreement, may by written request, at any time and for any reason, remove Escrow Agent and any
successor thereto, and shall thereupon appoint a successor or successors thereto, but any such
successor shall have capital (exclusive of borrowed capital) and surplus of at least Fifty Million
Dollars ($50,000,000), and be subject to supervision or examination by federal or state authority.
389520.1 024692 AGMT
If such bank or trust company publishes a report of condition at least annually, pursuant to statute
or the requirements of any federal or state supervising or examining authority, then for the purposes
of this Section 7.1, the combined capital and surplus of such bank or trust company may be
conclusively established in its most recent report of condition so published.
SECTION 7.2. Resignation of Escrow Agent. The Escrow Agent or any
successor may at any time resign by giving written notice to Lessor and Lessee of its intention to
resign and of the proposed date of resignation, which shall be a date not less than thirty (30) days
after such notice, unless an earlier resignation date and the appointment of a successor Escrow Agent
shall have been approved by Lessor and Lessee. Upon receiving such notice of resignation, Lessor
and Lessee shall promptly appoint a successor Escrow Agent by an instrument in writing; provided,
however, that in the event Lessor and Lessee fail to appoint a successor Escrow Agent within thirty
(30) days following receipt of such written notice, Lessor may appoint a successor Escrow Agent.
Any resignation or removal of Escrow Agent shall become effective only upon acceptance of
appointment by the successor Escrow Agent.
SECTION 7.3. Merger or Consolidation. Any entity into which the Escrow
Agent may be merged or converted, or with which it may be consolidated, or any entity resulting
from any merger, conversion or consolidation to which it shall be a party, or any company to which
the Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided
that such company shall be eligible under Section 7.1) shall be the successor to the Escrow Agent
without the execution or filing or further act.
ARTICLE VIII
MISCELLANEOUS
SECTION 8.1. Notice. All written notices to be given under this Escrow
Agreement shall be given by mail to the party entitled thereto at its address specified beneath each
party's signature, or at such address as the party may provide to the other parties hereto in writing
from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in
the United States mail in registered or certified form, with postage fully prepaid, or if given by other
means, when delivered at the address specified in this Section 8.1.
SECTION 8.2. Assignment. Except as expressly herein provided to the
contrary, the rights and duties of each of the parties under this Escrow Agreement shall not be
assignable to any person or entity without the written consent of all of the other parties.
Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Escrow
Agreement and the Equipment Acquisition Fund in connection with an assignment by Lessor of its
rights under the Lease.
SECTION 8.3. Binding Effect. This Escrow Agreement shall be binding upon
and inure to the benefit of the parties and their respective successors and assigns. Specifically, as
used herein the term "Lessor" means any person or entity to whom Lessor has assigned its right to
receive Rental Payments under the Lease.
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SECTION 8.4. Severability. In the event any provision of this Escrow
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision hereof.
SECTION 8.5. Entire Agreement: Amendments. This Escrow Agreement
constitutes the entire agreement of the parties with respect to the subject matter hereof and
supersedes all prior and contemporaneous writings, understandings, agreements, solicitation
documents and representations, express or implied. This Escrow Agreement may be amended or
modified only by written documents duly authorized, executed and delivered by each of the parties
hereto.
SECTION 8.6. Captions. The captions or headings in this Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions,
Articles, Sections or clauses hereof.
SECTION 8.7. Further Assurances and Corrective Instruments. Lessor and
Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments as may
be necessary or proper to carry out the intention or facilitate the performance of the parties under
this Escrow Agreement, and for better assuring and confirming the rights and benefits provided
herein.
SECTION 8.8. Governing Law. This Escrow Agreement shall be construed
and governed in accordance with the laws of the Commonwealth of Virginia.
SECTION 8.9. Execution in Counterparts. This Escrow Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same Agreement.
SECTION 8.10. WaiverofJmyTrial. The Lessor, the Lessee and the Escrow
Agent hereby waive any right to trial by jury in any action or proceeding with respect to, in
connection with or arising out of this Escrow Agreement.
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as
of the day and year first written above.
SUNTRUST BANK
Escrow Agent
KOCH FINANCIAL CORPORATION
Lessor
By:
Name:
Title:
By:
Name:
Title:
Randall A. Bushman
President and Chief Executive Officer
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Address:
Address: 17767 North Perimeter Drive
Suite 101
Scottsdale, Arizona 85255
Telephone:
Facsimile:
Telephone: (480) 419-3600
Facsimile (480) 419-3603
THE CITY OF ROANOKE, VIRGINIA
Lessee
By:
Name:
Title:
Darlene L. Burcham
City Manager
Address:
215 Church Avenue, S.W.
Roanoke, Virginia 24006-1220
Telephone: (540) 853-2333
Facsimile: (540) 853-1138
389520.1 024692 AGMT
EXHIBIT A
PAYMENT REQUEST FORM
Sun Trust Bank, as Escrow Agent under an Escrow Agreement, dated as of March 21,2002
(the "Escrow Agreement"), by and among Koch Financial Corporation, as Lessor, The City of
Roanoke, Virginia, as Lessee, and the Escrow Agent, is hereby requested to pay from the
Equipment Acquisition Fund, to the person or entity designated below as payee, the amount set forth
opposite each such name, in payment ofthe Acquisition Costs ofthe Equipment designated opposite
such payee's name and described on the attached page(s). The terms capitalized in this Payment
Request Form but not defined herein shall have the meanings assigned to them in the Escrow
Agreement.
Payee
Amount
Equipment
The Lessee hereby certifies that:
1. Attached hereto is a duplicate original or certified copy of the following documents
relating to the order, delivery and acceptance of the Equipment described in this Payment Request
Form: (a) a manufacturer's or dealer's invoice; and (b) unless this Payment Request Form relates to
partial payment of a Vendor in connection with a purchase order approved by Lessor, Lessee's
Acceptance Certificate relating to the Equipment.
2. The representations and warranties contained in the Lease are true and correct as of
the date hereof.
3. No Event of Default, or event which with the giving of notice or passage oftime or
both would constitute an Event of Default, has occurred.
4.
No Non-Appropriation has occurred.
Dated:
, 2002.
CITY OF ROANOKE, VIRGINIA
Lessee
KOCH FINANCIAL CORPORATION
Lessor
By:
Name: Darlene L. Burcham
Title: City Manager
Date:
By:
Name: Randall A. Bushman
Title: President and Chief Executive Officer
Date:
389520.1 024692 AGMT
REGULAR WEEKLY SESSION-----ROANOKE CITY COUNCIL
March 18, 2002
2:00 p.m.
The Council of the City of Roanoke met in regular session on Monday, March
18,2002, at 2:00 p.m., the regular meeting hour, in the City Council Chamber, fourth
floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke,
Virginia, with Mayor Ralph K. Smith presiding, pursuantto Chapter2, Administration,
Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings,
Code of the City of Roanoke (1979), as amended.
PRESENT: Council Members William D. Bestpitch, Linda F. Wyatt, William H.
Carder, W. Alvin Hudson, Jr., C. Nelson Harris, William White, Sr., and Mayor Ralph
t(. Smitl1--------------------------------------------------------------------------------------------------------7.
AE3SE:Nlr: N()l1e--------------------------------------------------------------------------------------0.
(Council Member White left the meeting at the conclusion of agenda item 5.a.)
OFFICERS PRESENT: Darlene L. E3urcham, City Manager; William M.
Hackworth, City Attorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City
Clerk.
The meeting was opened with a prayer by The Reverend W. Ray Douglas,
Pastor, Price Memorial African Episcopal Zion Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor Smith.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
REPORTS OF OFFICERS:
CITY MANAGER:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
LEASES-EQUIPMENT: The City Manager and the Director of Finance submitted
a joint communication advising that the City issued its first capital lease for the
purchase of equipment in fiscal year 2001, which totaled $2,503,000.00, and funded
vehicular equipment, equipment for the new Police E3uilding, and personal
computers; a September 4,2001, City Council report on the Capital Maintenance and
Equipment Replacement Program (CMERP) recommended replacing various items
of vehicular equipment, a portion of which was recommended to again be lease
financed; and City Council appropriated $510,523.00 at the January 22, 2002, City
Council meeting for equipment purchases in anticipation of execution of an
1
equipment lease financing agreement.
It was further advised that an Invitation for Bids for lease financing of
$1,157,500.00 vehicular equipment was publicly advertised and sent to over 20
banks and leasing agencies on February 8,2002, and nine responses were received;
Koch Financial Corporation submitted the most responsive bid, proposing an
interest rate of 3.74% for a five year period; annual lease payment will be $253,883.00
for each of the next five fiscal years; and pending City Council's approval, funding
for lease purchase payments will be included in the annually adopted budget of the
Fleet Management Fund.
The City Manager and the Director of Finance recommended that Council
adopt a resolution authorizing execution of the Lease Purchase Agreement with
Koch Financial Corporation, and also authorizing execution of any other required
documents related to the Lease Purchase Agreement; and adoption of a budget
ordinance appropriating lease financing proceeds of $1,157,500.00 to an account in
the Fleet Management Fund.
Mr. Carder offered the following emergency budget ordinance:
(#35776-031802) AN ORDINANCE to amend and reordain certain sections of
the 2001-2002 Fleet Management Fund Appropriations, and providing for an
emergency.
(For full text of Ordinance, see Ordinance Book No. 65.)
Mr. Carder moved the adoption of Ordinance No. 35776-031802. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris,
and Mayo r Smith --------------------------------------------------------------------------------------------6.
NAYS: N()I1E!-----------------------------------------------------------------------------------------0.
(Council Member White was absent.)
Mr. Carder offered the following resolution:
(#35777-031802) A RESOLUTION of the Council of the City of Roanoke,
Virginia, accepting the bid of Koch Financial Corporation and awarding and
approving the form and the terms, conditions and provisions of an equipment lease
purchase agreement relating to the acquisition of vehicular equipment by the City,
by and between Koch Financial Corporation, as lessor, and the City, as lessee, and
authorizing the execution and delivery thereof; approving the form and the terms,
conditions and provisions of an escrow agreement, by and among the City, Koch
Financial Corporation and SunTrust Bank, as escrow agent, and authorizing the
execution and delivery thereof; authorizing the members of the Council and the
officials and employees of such Cityto take further action to carry out this resolution
2
and the transactions contemplated hereby and by the aforementioned equipment
lease purchase agreement and escrow agreement; making certain findings and
determinations; and rejecting all other bids.
(For full text of Resolution, see Resolution Book No. 65.)
Mr. Carder moved the adoption of Resolution No. 35777-031802. The motion
was seconded by Mr. Bestpitch and adopted by the following vote:
AYES: Council Members Bestpitch, Wyatt, Carder, Hudson, Harris,
and Mayo r Smith --------------------------------------------------------------------------------------------6.
NAYf): N()I1E!-----------------------------------------------------------------------------------------0.
(Council Member White was absent.)
Council Member Hudson requested information with regard to cost savings
as a result of the lease purchase arrangement.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
There being no further business, the Mayor declared the meeting adjourned
at 7:50 p.m.
APPROVED
ATTEST:
Mary F. Parker
City Clerk
Ralph K. Smith
Mayor
3
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CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #1-60-175-301
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35778-031802 amending and reordaining certain
sections of the 2001-02 General, Civic Center and Department of Technology Funds
Appropriations, providing for transfer of funds among City departments to reallocate funds
for Department of Technology charges for fiscal year 2001-2002.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
~I~ ;. Pw.--
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Darlene L. Burcham, City Manager
Joe D. Slone, Director, Department of Technology
Barry L. Key, Director, Management and Budget
Ann H. Shawver, Manager, Accounting Services
N:\CKMHI\Agenda.02\March 18,2002 corespondence.wpd
~~')
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35778-031802.
AN ORDINANCE to amend and reordain certain sections ofthe 2001-2002 General,
Civic Center and Department of Technology Funds Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 2001-2002 General, Civic Center and Department of Technology Funds
Appropriations, be, and the same are hereby, amended and reordained to read as follows,
in part:
General Fund
Approoriations
General Government (1-21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judicial Administration (22-31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Safety (32-43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Works (44-54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health and Welfare (55-61). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parks, Recreation and Cultural (62-65). . . . . . . . . . . . . . . . . . . . . . . .
Community Development(66-71) . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nondepartmental(72).................................... .
Civic Center Fund
$ 12,110,891
6,419,183
46,864,491
24,861,834
27,347,000
4,952,669
5,230,213
71,717,871
Appropriations
Operating (73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 3,103,941
Revenues
Nonoperating (74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,786,685
DeDartment of Technology
Revenues
Operating (75-76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,183,224
1) Department of Technology (001-110-1234-7005) $ (151 ,196)
2) Department of Technology-
PC Rental (001-110-1234-7007) ( 20,000)
3) Department of Technology (001-130-1233-7005) (183,788)
4) Department of Technology-
PC Rental (001-130-1233-7007) ( 20,000)
5) Department of Technology (001-200-1110-7005) 6,712
6) Department of Technology (001-210-1220-7005) 10,524
7) Department of Technology (001-220-1120-7005) 4,364
8) Department of Technology (001-230-1235-7005 ) 7,208
9) Department of Technology (001-240-1240-7005) 5,092
10) Department of Technology (001-250-1231-7005) (443,850)
11) Department of Technology-
PC Rental (001-250-1231-7007) ( 20,000)
12) Department of Technology (001-250-1232-7005) ( 10,304)
13) Department of Technology-
PC Rental (001-250-1232-7007) ( 30,000)
14) Department of Technology (001-260-1310-7005) 2,792
15) Department of Technology (001-300-1211-7005) 1,768
16) Department of Technology (001-340-1261-7005) 56,624
17) Department of Technology (001-340-1263-7005) 9,600
18) Department of Technology (001-410-1212-7005) 55,596
19) Department of Technology-
PC Rental (001-440-1237-7007) ( 804)
20) Department of Technology (001-440-1260-7005) 42,796
21) Department of Technology (001-660-1214-7005) 20,368
22) Department of Technology (001-120-2111-7005) 55,992
23) Department of Technology (001-121-2130-7005) ( 4,510)
24) Department of T echnology-
PC Rental (001-121-2130-7007) ( 5,000)
25) Department of Technology (001-122-2131-7005) 2,760
26) Department of Technology (001-124-2120-7005) 1 ,460
27) Department of Technology (001-125-2110-7005) 4,848
28) Department of Technology (001-140-2140-7005) 96
29) Department of Technology-
PC Rental (001-140-3310-7007) ( 14,276)
30) Department of Technology (001-150-2210-7005) 32,058
31) Department of Technology (001-150-2211-7005) 480
32) Department of Technology (001-430-4130-7005) 73,912
33) Department of Technology (001-430-4170-7005) 8,292
34) Department of Technology-
PC Rental (001-520-3211-7007) $( 5,564)
35) Department of Technology (001-520-3212-7005) 348
36) Department of Technology (001-520-3521-7005) 10,284
37) Department of Technology (001-610-3410-7005) 49,544
38) Department of Technology-
PC Rental (001-631-3330-7007) 104
39) Department of Technology-
PC Rental (001-631-3350-7007) ( 396)
40) Department of Technology-
PC Rental (001-631-3360-7007) ( 2,396)
41) Department of Technology-
PC Rental (001-640-3111-7007) ( 99,928)
42) Department of Technology (001-640-3113-7005) 780
43) Department of Technology (001-640-3114-7005) 178,088
44) Department of Technology (001-440-4220-7005) 2,760
45) Department of Technology (001-440-4330-7005) ( 140)
46) Department of Technology-
PC Rental (001-440-4330-7007) ( 5,000)
47) Department of Technology (001-530-1280-7005) ( 200)
48) Department of Technology-
PC Rental (001-530-1280-7007) ( 2,000)
49) Department of Technology (001-530-4110-7005) ( 7,232)
50) Department of Technology-
PC Rental (001-530-4110-7007) ( 4,000)
51} Department of Technology (001-530-4160-7005 ) 36,150
52) Department of Technology (001-530-4210-7005) 20,292
53) Department of Technology (001-530-4310-7005) 2,604
54) Department of Technology-
PC Rental (001-620-4340-7007) ( 33,440)
55) Department of Technology-
PC Rental (001-630-1270-7007) ( 3,396)
56) Department of Technology-
PC Rental (001-630-5110-7007) ( 996)
57) Department of Technology (001-630-5311-7005 ) ( 32,396)
58) Department of Technology-
PC Rental (001-630-5311-7007) ( 7,000 )
59} Department of Technology (001-630-5313-7005 ) 4,104
60) Department of Technology (001-630-5314-7005) 4,104
61) Department of Technology (001-630-5316-7005) 4,104
62) Department of Technology (001-620-7110-7005) 103,412
63) Department of Technology (001-650-2150-7005) ( 100)
64) Department of Technology-
PC Rental (001-650-2150-7007) ( 4,000)
65) Department of Technology (001-650-7310-7005) 98,016
66) Department of Technology (001-310-8120-7005 ) 8,772
67) Department of Technology (001-610-8110-7005) 99,044
68) Department of Technology (001-615-8111-7005) $
69) Department of Technology (001-615-8112-7005) (
70) Department of Technology-
PC Rental (001-615-8112-7007) (
71) Department of Technology (001-615-8113-7005)
72) Transfer to Civic
Center Fund (001-250-9310-9505)
73) Department of Technology (005-550-2105-7005)
74) Transfer from General Fund (005-110-1234-0951)
75) Billings to General Fund (013-110-1234-0952)
76) Billings to Civic
Center Fund
(013-110-1234-0956)
3,020
6,480)
4,000)
5,520
88,000
88,000
88,000
( 88,000)
88,000
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance
shall be in effect from_ its passage.
ATTEST:
City Clerk.
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W. Room 461
P.O. Box 1220
Roanoke,VA 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
March 18, 2002
The Honorable Ralph K. Smith, Mayor
The Honorable William H. Carder, Vice Mayor
The Honorable William O. Bestpitch, Council Member
The Honorable C. Nelson Harris, Council Member
The Honorable W. Alvin Hudson, Jr., Council Member
The Honorable William White, Sr., Council Member
The Honorable Linda F. Wyatt, Council Member
Subject: Department of Technology Charges
Dear Mayor Smith and Members of City Council:
The City of Roanoke's Department of Technology Fund accounts for technology
planning and support services provided to departments. The Department of Technology
Fund recovers its costs by charging the receiving departments for services provided.
At the beginning of FY2002, the methodology for calculating Department of Technology
charges to user departments was revised to more accurately allocate costs. This
update in billing methodology was necessary due to' the substantial changes and
advances in technology used by our organization. The attached ordinance will make
appropriations transfers among departments to reallocate funds for Department of
Technology charges for the fiscal year. The modified billing method resulted in lower
than budgeted charges to the General Fund, while charges are larger than budgeted
amounts in other funds. Thus, funding of $88,000 will be transferred from the General
Fund to the Civic Center Fund to cover Department of Technology charges in excess of
current budgeted amounts. The General Fund will supplement the excess DOT
charges to this Proprietary Fund in FY02 since Proprietary Fund revenues were not
budgeted to cover these charges. Furthermore, the General Fund has budgeted more
than it will ultimately need in FY02 for DOT charges, allowing the flexibility to provide for
these charges in other funds. In subsequent years, the expense budgets for technology
costs in the Civic Center Fund will be increased to acknowledge the actual technology
costs of the operations.
The Honorable Mayor and
Members of City Council
March 18, 2002
Page 2
The attached budget ordinance will accomplish the required transfers. I recommend it
for your approval.
Sincerely,
q~ I/. /1afI
Jesse A. Hall
Director of Finance
JAH/tht
Attachment
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Barry L. Key, Director of Management and Budget
Joe D. Slone, Director of Technology
Ann H. Shawver, Manager of Accounting Services
>".,'O...__'.,_....".~~'^..,.__..,,,...,,__..,"'.,,..,,.._,',..
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #60-467
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Ordinance No. 35779-031802 amending and reordaining certain
sections of the 2001-02 School Fund Appropriations, providing for appropriation of
$189,291.00 to the Urgent School Renovation and Technology Grant.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002.
Sincerely, /)
^..., J. f./~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Sherman P. Lea, Chair, Roanoke City School Board, 1638 Lonna Drive, N. W.
Roanoke, Virginia 24019
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Darlene L. Burcham, City Manager .
Cindy H. Lee, Clerk, Roanoke City School Board
Barry L. Key, Director, Office of Management and Budget
N:\CKMHI \Agenda.02\March 18.2002 corespondence.wpd
~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 18th day of March, 2002.
No. 35779-031802.
AN ORDINANCE to amend and reordain certain sections of the 2001-2002
School Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
certain sections of the 2001-2002 School Fund Appropriations, be, and the same are
hereby, amended and reordained to read as follows, in part:
Appropriations
Education
Urgent School Renovation and Technology Grant (1) . . . . . . . . . . . . . .
Urgent School Renovation and Technology Grant (2) . . . . . . . . . . . . . .
Revenues
Education
Urgent School Renovation and Technology Grant (3) . . . . . . . . . . . . . .
1) Additional Machinery
and Equipment (030-062-6836-6102-0821)
2) Buildings (030-062-6836-6102-0851 )
3) Federal Grant Receipts (030-062-6836-1102)
$ 86,339
102,952
189,291
$129,646;971
86,339
102,952
$127,892,152
189,291
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
t\1
Sherman P. Lea, Chairman
Ruth C. Willson, Vice Chairman
Charles W. Day
Marsha W. Ellison
Gloria P. Manns
Melinda J. Payne
Brian J. Wishneff
E. Wayne Harris, Ed.D., Superintendent
Cindy H. Lee, Clerk of the Board
Roanoke
City School 130ard P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-853-2951
March 18, 2002
The Honorable Ralph K. Smith, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
The School Board respectfully requests City Council to approve the
following appropriation which was approved at its March 5 meeting.
. $189,291.00 for the Urgent School Renovation and Technology Grant to
be used for infrastructure modifications and equipment to meet
requirements for funding, which include upgrades and modifications in
support of networking, intercom and cable systems at various schools.
This new program will be funded with federal funds.
The Board appreciates the approval of this request.
Sincerely,
~--t+.~
Cindy H. Lee, Clerk
re
cc: Mr. Sherman P. Lea
Dr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. Kenneth F. Mundy
Mr. William L. Murray
Mrs. Darlene L. Burcham
Mr. William M. Hackworth
Mr. Jesse A. Hall
Mrs. Ann H. Shawver (with accounting
details)
Preparing Students for Success
CITY OF ROANOKE
DEPARTMENT OF FINANCE
215 Church Avenue, S.W. Room 461
P.O. Box 1220
Roanoke, VA 24006-1220
Telephone: (540) 853-2821
Fax: (540) 853-2940
March 18, 2002
The Honorable Ralph K. Smith, Mayor
The Honorable William H. Carder, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable C. Nelson Harris, Council Member
The Honorable W. Alvin Hudson, Jr., Council Member
The Honorable William White, Sr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
We have reviewed the attached request to appropriate funding for the School Board.
This report will appropriate the following:
$189,291 for the Urgent School Renovation and Technology Grant to be used for
infrastructure modifications and equipment to meet requirements for funding, which
include upgrades and modifications in support of networking, intercom and cable
systems at various schools. This new program will be funded with federal funds.
We recommend that you concur with this request of the School Board.
Sincerely,
q~ A. ~
Jesse A. Hall
Director of Finance
JAH/SD/pac
Attachment
c: Darlene L. Burcham, City Manger
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
E. Wayne Harris, Superintendent of City Schools
... ....."-.....f~..........".~_....,.____.~~_.."""V,,,...._. .."~ ...._,.. ...~,~,,...,,...,....~..,_.,..;".,... ..,n.' _.~_.'~...__....~,..>". .,..,,"~ ....
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20,2002
File #70
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 18, 2002, Council Member Wyatt expressed concern with regard to a fungus-like
material in the kitchen air vents at Fire Station #10,5202 Aviation Drive, N. W.
Sincerely, /}
/h~ /.r~l..-
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: George C. Snead, Jr., Assistant City Manager for Operations
James Grigsby, Chief, Fire/EMS Department
H:\Agenda.02\March 18,2002 corespondence.wpd
.""
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #55-192
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 18, 2002, Council Member Hudson inquired if smaller shuttle buses could be used
to transport employees from the Roanoke Civic Center to the downtown area.
Sincerely,
n~-,
lP~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: David A. Morgan, General Manager, Valley Metro
H:\Agenda.02\March 18,2002 corespondence.wpd
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
March 20, 2002
File #55
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
March 18, 2002, the Mayor requested a work session on the City's public transit system.
Sincerely, /J
A~ J.r~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: David A. Morgan, General Manager, Valley Metro
H:\Agenda.02\March 18,2002 corespondence.wpd
"".'''''''"''''''''-"'''__'_''~~______'''''~''_""~';T'''~U'''''.".. _""_'"'~"''''_''''' ",,'M;~~'"'"~~'~"___."""""-*"" ~""''''"'''.,,,__ ",. ..
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #2
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35780-031802 providing for acquisition of property
located between 117 and 123 Salem Avenue, S. W., Official Tax Nos. 1010409, 1010410,
and 1010411, from Virginia Vaughan, for a consideration not to exceed $205,000.00.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002, and will be in full force and
effect ten days following the date of adoption.
MFP:mh
^y~ ~ I~
Mary F. Parker, CMC
City Clerk
Attachment
pc: Virginia L. Vaughan c/o Linda W. Wade, Vice-President, Managed Properties
Division, First Union/Wachovia, VA 7520, P. O. Box 14061, Roanoke, Virginia
24038-4061
Jesse A. Hall, Director of Finance
Barry L. Key, Director, Office of Management and Budget
Elizabeth A. Neu, Director of Economic Development
N:\CKMH1\Agenda.02\March 18,2002 corespondence.wpd
DiG
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35780-031802.
AN ORDINANCE providing for the acquisition of property located between 117 and
123 Salem Avenue, S.W., and identified by Roanoke City Tax Map Nos. 1010409, 1010410,
and 1010411, from Virginia Vaughan, authorizing the proper City officials to execute and
attest any necessary documents for this acquisition; and dispensing with the second reading
of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. To provide for parking adj acent to warehouses located at 117 -119 Norfolk
Avenue, the City wants and needs fee simple title to property located between 117 and 123
Salem Avenue, S.W., and identified by Roanoke City Tax Map Nos. 1010409, 1010410,
and 1010411, as more specifically set forth in the City Manager's letter to Council dated
March 18, 2002 and attachments thereto. The proper City officials are authorized to execute
and attest the necessary documents, in form approved by the City Attorney, to acquire for the
City from the respective owner the fee simple title to the parcels, for a consideration not to
exceed $205,000.00.
2. The City's purchase of the property bearing Official Tax Nos. 1010409,
1010410, and 1010411 from Virginia Vaughan, is subject to the City being able to obtain a
satisfactory environmental assessment of the property and an acceptable title report.
3. Upon delivery to the City of a deed, approved as to form and execution by the
City Attorney, the Director of Finance is directed to pay the consideration to the owner,
certified by the City Attorney to be entitled to the same.
4. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
Office of the City Manager
March 18, 2002
Honorable Ralph K. Smith, Mayor
Honorable William H. Carder, Vice Mayor
Honorable W. Alvin Hudson, Council Member
Honorable William D. Bestpitch, Council Member
Honorable William White, Sr., Council Member
Honorable C. Nelson Harris, Council Member
Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Purchase of Property
Tax Map Parcel Nos. 1010409,
1010410, and 1010411
An existing surface parking lot located between 117 and 123 Salem Avenue consists of
approXimately 95 parking spaces situated on 10 separate parcels. Three of these parcels,
identified as Tax Map Parcel Nos. 1010409, 1010410, and 1010411 contain approximately 35
parking spaces. The owner of these three parcels, Virginia Vaughan, represented by First
Union Managed Properties, has offered the City first option to purChase this property (see
attachments) for the appraised value of $205,000. Last year, the City purchased two
warehouses located at 117-119 Norfolk Ave. and intends to market them as technology
space for small businesses. In order to make this area a desirable location, technology
companies have stressed the importance of having parking adjacent to the property.
Funding of $205,000 for the purchase of the parcels is available in Transportation Fund
retained earnings.
Recommended Action:
Authorize the City Manager to execute the appropriate documents, in a form approved by the
City Attorney, to purchase the property from Virginia Vaughan, represented by First Union
Managed Properties, in the amount of $205,000, subject to an acceptable title search.
Appropriate funding of $205,000 from retained earnings of the Transportation Fund to an
account to be established by the Director of Finance.
Room 364 Municipal South 215 Church Avenue. S.W. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1 '38
CityWeb:www.CI.roonOke.vo.us
DLB:clw
c: Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Mary F. Parker, City Clerk
Barry Key, Director of Management and Budget
Elizabeth Neu, Director of Economic Development
CM02-00045
THIS CONTRACT ("Contract ") , made this
day of
2002, by and between VIRGINIA L.
VAUGHAN BY James A. Russell, Jr. and Blizabeth V. Russell, her
Attorneys-in-pact, whose address is c/o Linda W. Wade, Vice
President, Managed Properties Division, First Union/Wachovia,
VA 7520, P.O. Box 14061, Roanoke, VA
24038-4061,
hereinafter
collectively referred to as "Seller"; and THE CITY OP ROANOKB,
VIRGINIA, a municipal corporation organized and existing under
the laws of the Commonwealth of Virginia, whose address is 215
Church Avenue, S.W., Roanoke, VA 24011, hereinafter referred
to as "Purchaser."
WIT N B S S B T H
1. ~a The Seller, in consideration of the
covenants and agreements of the Purchaser hereinafter
contained, agrees to sell and convey to the Purchaser, and the
Purchaser agrees to buy, all that certain real property
located at 117-123 Salem Avenue, S.W., in the City of Roanoke,
Virginia, Tax Parcel Nos. 1010409, 1010410 and 1010411, and
being as more particularly described in the deed and plat of
survey attached as Exhibit "A" (the "Property").
RKEI 0738888. WPO
elM: 033052.oo21~1
2. PURCHASE PRICE: The purchase price shall be the sum
of TWO HUNDRED FIVE THOUSAND AND 00/100 DOLLARS ($205,000.00),
payable as specified in Paragraph 3 of this Contract.
3. PAYMENT OP PURCHASE PRICE: The purchase price shall
be payable as follows:
(a) ONE THOUSAND AND 00/100 DOLLARS ($1,000.00)
(the "Deposit") paid to Woods, Rogers & Hazlegrove, P.L.C.
(the "Escrow Agent"), to be held in.escrow until Closing, the
receipt of which is hereby acknowledged; and
(b) TWO HUNDRED FOUR THOUSAND AND 00/100 DOLLARS
($204,000.00) payable in cash, cashier's check or wire
transfer funds at Closing.
(c) The Deposit may be placed at Purchaser's
option, pending Closing (as hereinafter defined), by Escrow
Agent in an interest-bearing escrow account, such interest to
be credited to Purchaser at Closing. All interest accrued on
the Deposit will be paid to Purchaser at Closing or upon the
earlier termination of this Contract, unless such termination
shall be as a result of Purchaser's default, in which event
all accrued interest shall be paid to Seller.
Unless the
Purchaser directs otherwise, the Deposit will be held by
Escrow Agent in its own escrow account.
RKE. 0738888. WPO
elM: 0330e2~210.01
(d) If this Contract should fail to close for
any reason not the fault of the Purchaser, the Deposit and any
accrued interest shall be returned to the Purchaser. In the
event of any breach or default by Purchaser, Seller and
Purchaser both agree that a determination of the damage, loss
or injury sustained by Seller as the result of the breach or
default by Purchaser would be speculative and not capable of
precise determination. Accordingly, Purchaser and Seller
agree that in the event of any breach or default by Purchaser,
the sole and exclusive remedy of Seller for any such breach or
default by Purchaser shall be the forfeiture of the Deposit
and any accrued interest to the Seller as liquidated damages.
Seller expressly waives any and all other rights, claims or
remedies which it has or may have by reason of the occurrence
of a default or breach by Purchaser.
4 . PURCHASER' S CONDITIONS OF SALE: The sale and
conveyance of the Property under this Contract and Purchaser's
performance hereof is, in addition to other conditions of this
Contract, conditioned at Purchaser's option upon the
following:
(a) As of Closing (as hereinafter defined), (i)
title to the Property shall be good and marketable, and free
RJ<9 0738888. WPO
CIM: 033052-00210.01
and clear of all mortgages, liens, encumbrances, leases,
restrictions, easements and encroachments, except for the
Permitted Exceptions (as hereinafter defined) and such
mortgages and liens to be satisfied out of the purchase price
payable at Closing, and (ii) the title company shall be
prepared to issue, at standard premium rates, a title
insurance policy to Purchaser insuring title to the Property
subject only to the Permitted Exceptions.
(b) Approval of this Contract by Roanoke City
Council on or before April 1, 2002.
(e) The Property at Closing is in substantially. the
same condition as of the date of this Contract, reasonable
wear and tear excepted.
In the event the foregoing conditions are not met to the
satisfaction of the Purchaser, then, and in that event, the
Purchaser shall give Seller notice of same and this Contract
shall be null and void and the Seller shall cause the Deposit
and accrued interest, if any, to be returned to Purchaser.
RJ(g 0738888.WPO
elM: 03305243210-01
5. TITLB:
(a) Purchaser shall obtain, at Purchaser's own
expense, an ALTA title commitment (the "Title Commitment")
showing no exceptions to title to the Property except for
exceptions acceptable to Purchaser (the "Permitted
Exceptions"). Purchaser shall notify Seller of any exceptions
which will not be accepted as Permitted Exceptions, and Seller
shall proceed to cure the same as soon as possible, and in any
event not later than thirty (30) days after receipt of the
foregoing notice from Purchaser.
(b) At Closing, title to the Property shall be in
compliance with the provision of Paragraph 4(a) (i), and if
Seller is unable to convey title to the Property in accordance
therewith, Purchaser shall have the right to extend the
Closing for an additional thirty (30) days so as to permit
Seller to remove any impediments to delivery of title as
required hereby. If Seller is unable to cure such exceptions,
the Purchaser shall have the option of either (i) terminating
this Contract, in which event all sums paid thereon shall be
returned to Purchaser and neither Purchaser nor Seller shall
have further liability to the other hereunder, or (ii)
RKElI 0738888,WPO
CIM: 033062-OO21~1
accepting such title as Seller may be able to convey without
abatement in the purchase price.
6. CONVEYANCE: On the date of settlement, the Seller
shall convey the Property to Purchaser by General Warranty
Deed with English covenants of title, the same to be prepared
at the expense of Seller and Seller shall pay the Seller's
transfer tax due thereon. All other recordation taxes and
fees shall be at the Purchaser's expense. The conveyance
shall be subject to the Permitted Exceptions only. The
parties agree that this Contract will not be recorded in any
public office.
7. DATE AND PLACE OF CLOSING: The Closing shall be held
at the law office of Woods, Rogers & Hazlegrove, P.L.C., Ten
South Jefferson Street, SW, First Union Tower, 14th Floor,
Roanoke, Virginia 24011, on or before sixty (60) days from the
date Purchaser notifies Seller that all conditions to this
Contract as set forth in Paragraph 4 have been met or waived
or on June 3, 2002, whichever event sooner occurs.
8. ASSIGNMBNT OF CONTRACT: Purchaser shall have the
right to assign this Contract with the prior written approval
of Seller. In such event the Purchaser shall be relieved of
its obligations hereunder.
6
9. PRORATIONS: Real estate taxes shall be prorated as
of the date of Closing. Each party shall pay its own
attorney's fees.
10. REAL ESTATE FEE: Seller and Purchaser agree that
First UnionjWachovia, Managed Properties Division (the
"Bank"), is entitled to a fee for this transaction. Upon
Closing, the Seller agrees to pay the Bank its commission for
this sale in accordance with its separate agreement with the
Bank. Except for the Bank, the parties hereto agree to
indemnify and to hold each other harmless in all respects as
to any claim made by any broker, real estate or otherwise, for
a commission on account of this Contract.
11. SELLER'S PROMISE NOT TO FURTHER ENCUMBER: Seller
shall not, without the prior written consent of Purchaser,
make or allow to be made any leases, contracts, options or
agreements whatsoever affecting the Property which would in
any manner impede Seller's ability to perform hereunder and
deliver title as agreed herein; nor shall Seller cause or
permit any lien, encumbrance, right, restriction or easement
to be placed upon the Property which would in any manner
impede Seller's ability to perform hereunder and deliver title
as agreed herein.
7
12. RISK OF LOSS: Risk of loss by fire or other
casualty shall be upon the Seller until Closing. Seller
agrees to maintain at its own expense, such fire and other
insurance on the Improvements upon the Property as is
presently in force until Closing.
13. CONDITION OF THE PROPERTY: Except as stated herein
the property is accepted in "as is" condition. Purchaser and
its representatives shall have the right to make an inspection
of the Property immediately prior to Closing.
14. SELLER'S REPRESENTATION: Seller makes the following
representations:
Ca) Prior to and at the Closing, Seller will have
the power to sell, transfer and convey all right, title and
interest in and to the Property.
Cb) The Property has been legally subdivided.
Ce) At the Closing, no one other than Seller will
be in possession of any portion of the Property.
Cd) Seller does not know of any suit, action,
arbitration, or legal, administrative or other proceeding
pending or threatened against the Property or any portion
thereof or pending or threatened against Seller which could
affect Seller's title to the Property or any portion thereof.
8
(e) Seller has no knowledge of:
(i) Any intended public improvement or private
right which will result in the creation of any lien upon the
Property or any portion thereof.
(11) Any uncured notices which have been served
upon Seller from any governmental agency notifying Seller of
any violations of law, ordinance, rule or regulation which
would affect the Property or any portion thereof.
(111)
Any actual or impending mechanics'
liens against the Property or any portion thereof.
(f) Seller has no knowledge of any lease, license,
option right of first refusal or other agreement which affects
the Property or any portion thereof.
(g) Neither the grant nor this Contract will
constitute a breach or default under any agreement to which
Seller is bound and/or to which the Property is subject.
(h) Seller represents and warrants that she is not
a "foreign person" as defined in Section 1445 of the Internal
Revenue Code. Seller's United States Taxpayer Identification
Number is
Should any of the above representations cease to be true
at any time prior to the Closing, Seller shall immediately so
9
advise Purchaser in writing. Except insofar as Seller has
advised Purchaser in writing to the contrary, each of the
above representations shall be deemed to have 'been made as of
the Closing and shall survive the Closing. Upon Closing, if
Purchaser so requests, Seller shall deliver to Purchaser a
certificate in a form satisfactory to Purchaser's counsel
stating that each of the above representations is true and
correct as of the Closing.
15. AFPIDAVITS AND CERTIPICATES: Seller shall deliver to
Purchaser an affidavit in a form acceptable to Purchaser's
lender, if applicable, signed by Seller, that no labor or
materials have been furnished to the Property within the
statutory period for the filing of mechanics' or materialmens'
liens against the Property, or, if labor or materials have
been furnished during the statutory period, that the costs
thereof have been paid. Seller shall also deliver to
Purchaser applicable non-foreign status and state residency
certificates and IRS certificates.
16. ENTIRE AGREEMENT: This Contract constitutes the
entire agreement between the parties. No representations,
warranties, or promises pertaining to this Contract or any
property affected by this Contract have been made by, or shall
10
be binding on, any of the parties, except as expressly stated
in this Contract. This Contract may not be changed orally,
but only by an agreement in writing signed by the party
against whom enforcement of any such change is sought.
17. TIME: Time is of the essence of this Contract and
each and every provision hereof. If the performance of any
obligation in accordance with the terms and provisions of this
Contract is to occur on a Saturday, Sunday or legal holiday
under the laws of the Commonwealth of Virginia or of the
United States of America, then the day on which the
performance of any such obligation is to occur or the last day
of any such time period, as the case may be, shall be extended
to the next succeeding business day.
18. NOTICBS: Any notice or demand under this Contract
shall be by registered or certified mail, sent to the Seller
and Purchaser at the addresses set forth in the caption of
this Contract, with a copy to Michael K. Smeltzer, Esquire, at
the address specified in Paragraph 7.
19. CONSTRUCTION: The interpretation, construction and
performance of this Contract shall be governed by the laws of
the Commonwealth of Virginia. The captions and marginal notes
11
are used only as a matter of convenience and are not to be
considered a part of this Contract as such.
20. BENEFIT: This Contract shall inure to the benefit
of, and shall bind the heirs, successors and assigns of the
respective parties.
21. SURVIVAL OF ALL REPRESENTATIONS AND WARRANTIES: The
representations, warranties, covenants and agreements of
Seller and Purchaser contained in this Contract shall survive
the Closing hereunder and the delivery and recordation of the
Deed pursuant to this Contract.
22. COUNTERPARTS: This Contract may be executed in an
number of counterparts, any or all of which may contain the
signature of only one or more of the parties, all of which
shall be construed together as a single document.
23. SBVERABILITY: In the event that any of the
covenants, agreements, terms or provisions contained in this
Contract shall be invalid, illegal or unenforceable in any
respect, the validity of the remaining covenants, agreements,
terms and provisions contained herein shall not be in any way
affected, prejudiced or disturbed thereby.
12
24. EPPECTIVE DATE: The Effective Date of this Contract
shall be the last date on which it is executed by the Seller
and Purchaser.
13
WITNESS the following signatures:
VIRGINIA L. VAUGHAN
Dates executed by Seller:
By:
Attorney-in-Fact
James A. Russell, Jr., her
By:
Elizabeth V. Russell, her
Attorney-in-Fact
CITY OF ROANOKE, VIRGINIA
ATTEST:
By:
(SEAL)
Mary F. Parker, City Clerk
Manager
Darlene Burcham, City
Date executed by Purchaser:
Receipt is acknowledged of Deposit this
day of
2002.
WOODS, ROGERS & HAZLEGROVE, P.L.C.
By:
14
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC
City Clerk
Stephanie M. Moon
Deputy City Clerk
Sheila N. Hartman
Assistant City Clerk
March 20, 2002
File #2-166
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 35781-031802 authorizing the City Manager to
execute an agreement, deed and any related and necessary documents providing for sale
and conveyance of City-owned property located on Nelms Lane, N. E., Official Tax No.
7400500, to James E. and Betty W. Whittaker.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, March 18, 2002, and will be in full force and
effect ten days following the date of adoption.
Sincerely, ~
rv...~!. r~
Mary F. Parker, CMC
City Clerk
MFP:mh
Attachment
pc: Mr. and Mrs. James E. Whittaker, 4799 Long Acre Drive, N. E., Roanoke, Virginia
24017
Jesse A. Hall, Director of Finance
Willard N. Claytor, Director, Real Estate Valuation
Elizabeth A. Neu, Director of Economic Development
N:\CKMHI\Agenda.02\March 18,2002 corespondence.wpd
}tG
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 18th day of March, 2002.
No. 35781-031802.
AN ORDINANCE authorizing the City Manager to execute an agreement, deed and
any related and necessary documents providing for the sale and conveyance of City-owned
property located on Nelms Lanes, N.E., and being identified as Official Tax No. 7400500,
to James E. and Betty W. Whittaker, upon certain terms and conditions, and dispensing with
the second reading of this ordinance.
WHEREAS, a public hearing was held on March 18, 2002, pursuant to 9915.2-
1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties
in interest and citizens were afforded an opportunity to be heard on said conveyance.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are hereby authorized, for and on behalf
of the City, to execute and attest, respectively, an agreement, deed and any related and
necessary documents providing for the sale and conveyance of City-owned property located
on Nelms Lanes, S.W., and being a portion of Official Tax No. 7400500, to James E. and
Betty W. Whittaker for the consideration of$500.00, upon the terms and conditions set forth
in the City Manager's letter to this Council dated March 18,2002.
2. All documents necessary for this conveyance shall be in form approved by the
City Attorney.
3. Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
City Clerk.
H: IORDINANCESIO-SaleNeImsLane. wpd
Office of the City Manager
March 18, 2002
The Honorable Ralph K. Smith, Mayor
The Honorable William H. Carder, Vice Mayor
The Honorable William D. Bestpitch, Council Member
The Honorable C. Nelson Harris, Council Member
The Honorable W. Alvin Hudson, Council Member
The Honorable William White, Sr., Council Member
The Honorable Linda F. Wyatt, Council Member
Dear Mayor Smith and Members of City Council:
Subject: Public Hearing to Consider Sale of City
Owned Property
Background:
The City currently owns property located on Nelms Lane NE, identified as tax map number
7400500. An adjacent property owner has contacted the City regarding the purchase of this
property. In correspondence dated February 11, 2002, the adjacent property owner requests
to purchase the property for $500.00, the current assessed value of the parcel. It has been
determined that there is no real benefit in City ownership of this parcel. The property
contained a well that has since been capped and no longer in use. There is no access to the
property as it is contained on all sides by property owned by others.
Recommended Action:
Following a public hearing on the disposition of surplus property, authorize the City Manager to
execute the appropriate documents to convey the property to James E. Whittaker and Betty W.
Whittaker for the consideration of $500.00, such documents to be on form approved by the
City Attorney.
Respectfully submitted,
Darlene L. Burc
City Manager
DLB:slm
Room 364 Municipal South 215 Church Avenue, SW. Roanoke. Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138
CityWeb:www.cl.roanoke.va.u5
c: Mary F. Parker, City Clerk
Jesse A. Hall, Director of Finance
William M. Hackworth, City Attorney
Will Claytor, Director of Real Estate Valuation
Elizabeth A. Neu, Director of Economic Development
CM02-00044
Click map to: IZoom to map grid :.' Id what: tPARCELS"
3,645,550 ,..
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3,645,050 ... ~
11,068,622 Map Width=500'
Search: Iparcel by Tax No .Ii III
Page generated on 3/15/02 I :32:28 PM
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal
description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or
omissions should be reported to the City of Roanoke Engineering Department. In no event will the
City of Roanoke be liable for any damages. including loss of data, lost profits, business interruption,
loss of business information or other pecuniary loss that might arise from the use of this map or the
information it contains.
Map Data as of: Feb 2002
Real Estate Data as of: Feb 2002
Page 1 of 1
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Download Data
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Legal Disclaimer
Parcel: 7400500
~
Tax Map No: 7400500
Property Address: 0 NELMS LN NE
Legal Description: ACREAGE
MONTEREY NORTH
Deed/lnstr.No.: 00000000
Owner 1: CITY OF ROANOKE
Mailing Address:
215 CHURCH AV SW RM 250
ROANOKE, VA 24011
Assessed Value Land: 500
Total Assessed Value: 500
Zoning: RS3
Land Area S.F.: 19175
land Use: 493
Property Class: VACANT LAND
Construction: UNSPECIFIED
Basement: N
http://www.webgis.netIROANOKECITY/Cache/Pls4UMCD3120MS.HTM
3/15/2002
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CITY OF ROANOKE
OFFICE OF CITY CLERK
MARY F. PARKER. CMC
City Clerk
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@cLroanoke.va.us
March 7, 2002
STEPHANIE M. MOON
Deputy City Clerk
SHEILA N. HARTMAN
Assistant Deputy City Clerk
File #2-79-166
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Smith and Members of Council:
Pursuant to action by Council, I have advertised the following matter for public hearing on
Monday, March 18, 2002, at 7:00 p.m., in the City Council Chamber, fourth floor,
Noel C. Taylor Municipal Building.
Proposal of the City of Roanoke to convey City-owned property identified as
Official Tax No. 7400500, located on Nelms Lane, N. E., to an adjacent
property owner, forthe consideration of $500.00, the current assessed value
of the parcel, thereby relieving the City of Roanoke of the cost of maintaining
the property and returning same to the tax base.
With kindest personal regards, I am
Sincerely,
~~
Mary F. Parker, CMC
City Clerk
MFP:mh
pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue,
S. W., Roanoke, Virginia 24016
Darlene L. Burcham, City Manager
Willard N. Claytor, Director, Real Estate Valuation
William M. Hackworth, City Attorney, transmitted electronically bye-mail
Steven J. Talevi, Assistant City Attorney
Philip C. Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
Ronald L. Smith, Buildinq Commissioner
Evelyn D. Dorsey, Zoning Administrator
Stephanie M. Moon, Deputy City Clerk
Cindy M. Ayers, Executive Secretary, City Manager's Office, transmitted
electronically bye-mail
. ,
FAX TRANSMISSION
CITY OF ROANOKE
CITY CLERK/CITY COUNCIL
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
(540) 853-2541
Fax: (540) 853-1145
To:
The Roanoke Tribune
Date:
03/08/02
2
Fax #:
343-7366
Pages:
From: Michelle Hopkins, Executive Sec.
Subject: Attached is a Public Hearing Notice to run once in The Roanoke Tribune. Please
send the bill to: Mary F. Parker, City Clerk, at the address above. Thank you.
. \
I "
91' ..
r
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey City-owned property, identified as Official Tax Map
No. 7400500, located on Nelms Lane, N.E., to an adjacent property owner, for the consideration of
$500.00, the current assessed value of the parcel, thereby relieving the <;:ity of Roanoke of the cost
of maintaining the property and returning same to the tax base.
Pursuant to the requirements of ggI5.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, March 18, 2002,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of
the City Clerk for the City of Roanoke at (540) 853-2541.
All parties in interest may appear on the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, March 14,2002.
GIVEN under my hand this 21th: day of Februarv , 2002 .
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, March 10, 2002.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building, Room 456
215 Church Avenue, S.W.
Roanoke, Virginia 24011
N ICAPSINOTICES\N_Nelml L.- property 03..0.-0%. wpd
ROANOKE VALLEY TELEVISION
Message Request
City of Roanoke
DATE MESSAGE SENT: 03/08/02
FROM:
Department: _City Clerk
Contact Name & Phone #: _Michelle Hopkins_853-2541
START DATE: 03/08/02
END DATE:
03/18/02
SPECIAL INSTRUCTIONS:
Message can be no more than seven lines.
No more than 40 characters per line including spaces.
Please include phone number for more information.
City of Roanoke
Proposal of the City of Roanoke to
convey City-owned property identified
as Official Tax No. 7400500, located
on Nelms Lane, N. E., to an adjacent
property owner, for the consideration
of $500.00, the current assessed value
of the parcel, thereby relieving the
Messages may be faxed to: 540-857-5023
or
E-mailedto:simpson@rev.net
Roanoke Valley Television (540) 857-5021
N:ICKMH1 IRVTVIMarch. 18.rqst.wpd
ROANOKE V ALLEY TELEVISION
Message Request
City of Roanoke
DATE MESSAGE SENT: 03/08/02
FROM:
Department: _City Clerk
Contact Name & Phone #: _Michelle Hopkins_853-2541
START DATE: 03/08/02
END DATE: 03/18/02
SPECIAL INSTRUCTIONS: _continuation of previous request
Message can be no more than seven lines.
No more than 40 characters per line including spaces.
Please include phone number for more information.
City of Roanoke
City of Roanoke of the cost of
maintaining the property and returning
same to the tax base.
If there are any questions, please
contact the City Clerk's Office at
540-853-2541 .
Messages may be faxed to: 540-857-5023
or
E-mailedto:simpson@rev.net
Roanoke Valley Television (540) 857-5021
N:\CKMH1\RVTVIMarch.18.rqst.wpd
Legals Staff
<Iegals@roanoke.com
>
To: Michelle_Hopkins@ci.roanoke.va.us
cc:
Subject: <Martha Plank> Nelms Lane Public Hearing -Reply
03/08/2002 10:22 AM
** High Priority **
Good Morning Michelle. . . .. hope you are having a good day.
I have your ad scheduled for Sunday, March 10 - cost is $140.22... I checked
the e-mail against the proof and actually had to make one change.... the ~~
mark came through as an apostrophe. . . .
Thanks... martha
INOTICE OF PUBLIC HEARING I
The City of Roanoke proposes to convey City-owned property, identified as
Official Tax Map No. 7400500, located on Nelms Lane, N.E., to an adjacent
property owner, for the consideration of $500.00, the current assessed value
of the parcel, thereby relieving the City of Roanoke of the cost of
maintaining the property and returning same to the tax base.
Pursuant to the requirements of ~~15.2-1800(B) and 1813, Code of Virginia
(1950), as amended, notice is hereby given that the City Council of the City
of Roanoke will hold a public hearing on the above matter at its regular
meeting to be held on Monday, March 18, 2002, commencing at 7:00 p.m., in the
Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church
Avenue, S.W., Roanoke, Virginia. Further information is available from the
Office of the City Clerk for the City of Roanoke at (540) 853-2541.
All parties in interest may appear on the above date and be heard on the
question.
If you are a person with a disability who needs accommodations for this
hearing, please contact the City Clerk's Office at 853-25.41 before 12:00 noon
on Thursday, March 14, 2002.
GIVEN under my hand this 27th day of February, 2002.
IMary F. Parker,
ICity Clerk.
(1861274)
I ;"
i/
r
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to convey City-owned property, identified as Official Tax Map
No. 7400500, located on Nelms Lane, N.E., to an adjacent property owner, for the consideration of
$500.00, the current assessed value of the parcel, thereby relieving the City of Roanoke ofthe cost
of maintaining the property and returning same to the tax base.
Pursuant to the requirements of ~915.2-1800(B) and 1813, Code of Virginia (1950), as
amended, notice is hereby given that the City Council of the City of Roanoke will hold a public
hearing on the above matter at its regular meeting to be held on Monday, March 18, 2002,
commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building,
215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of
the City Clerk for the City of Roanoke at (540) 853-2541.
All parties in interest may appear on the above date and be heard on the question.
If you are a person with a disability who needs accommodations for this hearing, please
contact the City Clerk's Office at 853-2541 before 12:00 noon on Thursday, March 14,2002.
GIVEN under my hand this 22t:h:.day of February , 2002 .
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, March 10, 2002.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Noel C. Taylor Municipal Building, Room 456
215 Church Avenue, S.W.
Roanoke, Virginia 24011
N:\CAPSINOTlCESIN-Nelms Lane propeny 03-04-02. wpd