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HomeMy WebLinkAboutCouncil Actions 04-01-02 WHITE 35782-040102 ROANOKE CITY CO UNCIL REGULAR SESSION APRIL 1, 2002 12:15 P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent.) A co .mmunication from Mayor Ralph K. Smith requesting a Closed Meeting 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. (Approved 6-0) File #110-132 A communication from the City Manager requesting a Closed Meeting to discuss acquisition of real property for 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. (Approved 6-0) File #2-104-132 A cormnunication from the City Manager requesting a Closed Meeting to discuss disposition of public-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. (Approved 6-0) File//104-132 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. (Approved 6-0) File//83-132 THE MEETING WAS DECLARED IN RECESS AT 12:17 P.M. TO BE IMMEDIATELY RECONVENED IN ROOM 159, FOR A DISCUSSION WITH REGARD TO ROLES AND RESPONSIBILITIES OF COUNCIL- APPOINTED AND CERTAIN CONSTITUTIONAL OFFICERS. THE MEETING WAS DECLARED IN RECESS AT 1:40 P.M. TO BE IMMEDIATELY RECONVENED IN CLOSED SESSION IN THE COUNCIL'S CONFERENCE ROOM. 2 ROANOKE CITY CO UNCIL REGULAR SESSION APRIL 1, 2002 2:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. (Council Member Harris was absent.) The Invocation was delivered by The Reverend Jeffrey Doremus, Minister of Leadership and Family Life, First Baptist 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, April 4, 2002, at 7:00 p.m., and Saturday, April 6, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 3 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. TAYLOR MUNICIPAL 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 HOMEPAGE 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. 4 2. PRESENTATIONS AND ACKNOWLEDGMENTS: Proclamation declaring Saturday, April 6, 2002, as Tartan Day; and the month of April 2002 as Scottish American History and Heritage Month. File #3 Proclamation declaring April 1 - 7, 2002, as Community Development Week. File #3-200 ge CONSENT AGENDA (APPROVED 6-0) 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-1 C-2 Minutes of the regular meetings of Council held on Tuesday, February 19, 2002, and Monday, March 4, 2002. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from the City Manager requesting authorization to file an application for vacating, discontinuing and closing a portion of Mason Mill Road, N. E. RECOMMENDED ACTION: Concur in request. File #514 5 C-3 Minutes of the meeting of the Audit Committee held on Monday, March 4, 2002. RECOMMENDED ACTION: Receive and file. File #110-300 C-4 Qualification of Stanley G. Breakell as a member of the Roanoke Public Library Board for a term ending June 30, 2002. RECOMMENDED ACTION: Receive and file. File #110-323 REGULAR AGENDA Selection of persons to be accorded the public interview for the position of Roanoke City School Board Trustee on Thursday, April 18, 2002, commencing at 4:30 p.m., for terms commencing July 1, 2002, and ending June 30, 2005. Candidates are: James P. Beatty Robert H. Bird Carl D. Cooper Edward Garner William H. Lindsey William E. Skeen Robert J. Sparrow (Two vacancies) (The number of persons to be interviewed shall not exceed three times the number of vacancies.) Carl D. Cooper, Edward Garner, William II. Lindsey, William E. Skeen, and Robert J. Sparrow will be interviewed on Thursday, April 18, said meeting to commence at 4:30 p.m. in the City Council Chamber. File #110-467 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: ao A communication from the Honorable Donald S. Caldwell, Roanoke City Commonwealth Attorney, requesting acceptance of the Virginia Exile Grant by the Department of Criminal Justice Services for calendar years 2002 - 2003, in the amount of $174,014.00; and a communication from the City Manager concurring in the request. Adopted Budget Ordinance No. 35782-040102 and Resolution No. 35783-040102. (6-0.) File #60-133-236 be A communication from Vice-Mayor William H. Carder with regard to a meeting of the Virginia First Cities Coalition which was held on Thursday, March 28, 2002; and to provide an update on the local impact of the State's 2002-2004 proposed budget. No action. File #60-550 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. 7 ITEMS RECOMMENDED FOR ACTION: 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 funds. Adopted Budget Ordinance No. 35784-040102 and Ordinance Nos. 35785-040102 and 35786-040102. (6-0.) File #29-60-46-434 AT 2:50 P.M., THE MEETING WAS DECLARED IN RECESS FOR CONTINUATION OF A CLOSED SESSION. THE COUNCIL MEETING RECONVENED AT 3:20 P.M., IN THE CITY COUNCIL CHAMBER. ° A communication in connection with a street inventory for State maintenance payment eligibility. Adopted Resolution No. 35787-040102. (6-0.) File #77-514 o A communication recommending amendment to an agreement between the Fifth District Employment and Training Consortium and Family Services of Roanoke Valley to provide services for Drug Court referrals for an additional six months beginning January 1, 2002 - June 30, 2002. Adopted Budget Ordinance No. 35788-040102 and Resolution No. 35789-040102. (6-0.) File #60-76-246 8 o A communication recommending authorization to use competitive negotiation as the method to secure vendors to provide services in connection with an automated parking ticket issuance and management system. Adopted Resolution No. 35790-040102. (6-0.) File #5-20 o o A communication recommending appropriation of funds in connection with Solid Waste Management. Adopted Budget Ordinance No. 35791 on first reading. (4-2, Council Members Hudson and Wyatt voted no.) File #60-144-472 A communication recommending amendment to Section 30-9.1, Outdoor dining, Code of the City of Roanoke (1979), as amended, to allow restaurants to use sidewalks and designated streets in commercially zoned areas. Adopted Budget Ordinance No. 35792-040102. (6-0.) File #24-57-60-289-514-555 o A communication recommending amendment to Chapter 20, Motor Vehicles and Traffic., Article IV, Stopping, Standing and Parking, Division 2, Residential Parking Permits, Code of the City of Roanoke (1979), as amended, to establish a residential parking permit program for residents within the Downtown Service District. Adopted Ordinance No. 35793-040102 and Resolution No. 35794-040102. (6-0.) File #20-24-277-553-556 Council Member Wyatt requested that residential parking spaces not be clustered together. 9 o A communication from the City Manager with regard to purchase of property from Virginia Vaughan described as Official Tax Nos. 1010409-1010411, inclusive. Adopted Budget Ordinance No. 35795-040102. (6-0.) File #2-60 Council Member White left the meeting. A communication from the City Manager with regard to the Water Pollution Control Plant Consent Order with the Virginia Department of Environment Quality and the State Water Control Board. Adopted Resolution No. 35796-040102. (5-0.) File #27 b. DIRECTOR OF FINANCE: Financial report for the month of February 2002. Received and filed. File #1-10 7. REPORTS OF COMMITTEES: A report transmitting the Roanoke Regional Airport 2002-03 proposed Operating and Capital Purchase Budget, and proposed capital expenditures. Jacqueline L. Shuck, Executive Director. Adopted Resolution No. 35797-040102. (6-0.) (Resolution No. 35797-040102 was voted on out of sequence and before Mr. White left the meeting. File #9-60 8. UNFINISHED BUSINESS: NONE. l0 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao A resolution changing the time and place of commencement of the regular meeting of City Council on Monday, April 15, 2002. Adopted Resolution No. 35798-040102. (5-0.) File #132-304 10. 11. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Discussion regarding service level and costs associated with the Solid Waste Management Program was referred to fiscal year 2002-03 budget study. File #60-144 Vice-Mayor Carder referred to a communication from the City Manager under date of April 1, 2002, in regard to the "Shining Star Award"; whereupon, the City Manager requested that Council review the details of the program, and following approval by Council, the program will be implemented by City staff. File #80 Council Member Wyatt requested a report on the City's paid leave policy. File #184 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. CITY MANAGER COMMENTS: The City Manager called attention to the following meetings: Code Enforcement Meeting, Hurt Park Elementary School, April 8th, 7:00 p.m. Fire Station Plans, Harrison Museum of African-American Culture, April 16th, 6:30 p.m. Ad-Hoc Committee to study the duties and responsibilities of the Roanoke Neighborhood Partnership Steering Committee, City Council Chamber, April 24th, 6:30 p.m. File #70-104-200-488 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. Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed Council on behalf of Lincoln Terrace residents with regard to a previous request for screen doors. File #178 THE MEETING WAS DECLARED IN RECESS FOR CONTINUATION OF THREE CLOSED SESSIONS THAT WERE PREVIOUSLY APPROVED BY COUNCIL. THE MEETING RECONVENED AT 6:15 P.M. CERTIFICATION OF CLOSED SESSION. (4-0.) Hudson left the meeting during the closed session.) (Council Member The following persons were appointed as members of the Parks and Recreation Advisory Board: Term Beginning Ending Shay Berger One Year 04-01-02 03-31-03 Erin Garvin One Year 04-01-02 03-31-03 Jim Hale One Year 04-01-02 03-31-03 Carl Kopitzke One Year 04-01-02 03-31-03 Gerrie LaManna Two Years 04-01-02 03-31-04 Mark Lawrence Two Years 04-01-02 03-31-04 Anita Lee Two Years 04-01-02 03-31-04 DavidNixon Two Years 04-01-02 03-31-04 Brian Shepard Three Years 04-01-02 03-31-05 James Sikkema Three Years 04-01-02 03-31-05 Sherley Stuart Three Years 04-01-02 03-31-05 The Rev. David Walton Three Years 04-01-02 03-31-05 Onzlee Ware Three Years 04-01-02 03-31-05 The City residency requirement for S. James Sikkema was waived. File #15-67-110 13 RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGIN1A 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 April 1,2002 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I would like to request a Closed Meeting 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. Ralph K. Smith Mayor RKS:sm N:\CKSMI~AGENDA.02\CLOSED SESSION ON VACANCIES.DOC Office of the City Manager March 28,2002 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: Parks and Recreation Advisory Board The Parks and Recreation Comprehensive Master Plan approved by City Council in May 2000 and the Department's Strategic Business Plan identifies the need for a Parks and Recreation Advisory Board. This Board will make recommendations for future improvements, be a valuable resource to the Department in setting long-term policy issues, and assisting with marketing and fundraising campaigns. It is recommended that this Board consist of no more than 13 members. Nomination forms are attached for the following individuals who have expressed a genuine interest in being considered to serve in this capacity. Shay Berger Erin Garvin Jim Hale Carl Kopitzke Gerrie LaManna Mark Lawrence Anita Lee David Nixon Brian Shepard James Sikkema Sherley Stuart Rev. David Walton Onzlee Ware Council is requested to appoint these individuals to serve on the Parks and Recreation Advisory Board as part of the Mayor's closed session on Boards and Committees. 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 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at ~ regular meeting of Council which was held on the first day of April, 2002, V. SHAY BERGER was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2003. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, ERIN GARVIN was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2003. Given under my hand and the Seal of the City of Roanoke this eighth day of April, 2002. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, JIM HALE was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2003. Given under my hand and the Seal of the City of Roanoke this eighth day of April, 2002. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, CARL H. KOPITZKE was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2003. Given under my hand and the Seal of the City of Roanoke this eighth day of April, 2002. City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, GERALDINE LAMANNA was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of, April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, MARK S. LAWRENCE was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of.April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, ANITA L. LEE was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, DAVID NI×ON was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2004. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, BRIAN M. SHEPARD was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2005. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, S. JAMES SlKKEMA was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2005. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at'a regular meeting of Council which was held on the first day of April, 2002, SHERLEY E. STUART was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2005. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, DAVID WALTON was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31,2005. 2002. Given under my hand and the Seal of the City of Roanoke this eighth day of April, City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the first day of April, 2002, ONZLEE WARE was appointed as a member of the Parks and Recreation Advisory Board for a term ending March 31, 2005. Given under my hand and the Seal of the City of Roanoke this eighth day of April, 2002. City Clerk The Honorable Mayor and Members of Council March 28, 2002 Page 2 It is requested that these individuals be appointed with staggered terms; i.e., appoint four members for one year, four members for two years, and five members are three years. Terms should be automatically reappointed for three years following the initial term. Your consideration of this matter is appreciated. Respectfully submitted, City Manager DLB:kaj C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation Office of the City Manager April 1, 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. Burcha"m City Manager DLB:ca c.' Mary F. Parker, City Clerk Jesse A. Hall, 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 CityWeb :www. cl. roanoke .va. us Office of the City Manager April 1, 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 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, City Manager DLB:ca C: Mary F. Parker, City Clerk Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24Ol1-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us WILLIAM M. HACKWORTH ciTY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 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 April 1, 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, WMH:f William M. Hackworth City Attorney CC: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk Office of the City Manager April 1, 2002 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Roles and Responsibilities for Council Appointed/Constitutional Officers This is to request space on Council's 12:15 agenda for one hour for a discussion on the above referenced subject. Respectfully submitted, Darlene L. BurCl~am City Manager DLB:ca C: City Attorney Director of Finance City Clerk r~oom 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 2401 ~-1591 (~540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.us Office of the Ci~ Manager March 28, 2002 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William Bestpitch C. Nelson Harris W. Alvin Hudson William White, Sr. Linda F. Wyatt Subject: Departmental Responsibilities of Council-Appointed and Constitutional Officers Dear Mayor Smith and Members of Council: On April 1, 2002, City Council will continue its discussion on the roles, responsibilities, and reporting relationships of the Council-appointed Officers. Because finance responsibilities are a part of the Treasurer and Commissioner of the Revenue functions, these two constitutional officers have also provided information. As requested, you will find attached the following information to facilitate the aforementioned discussion: Information that was provided by each Council-appointed and Constitutional Officer. An update of the survey information from other localities. At the' time the survey information was initially provided, information had not been received from Norfolk and Portsmouth. It should be noted that the initial survey was done prior to the decision that was made to use selected First Cities Coalition members. The survey information provided is an update to include Norfolk and Portsmouth. 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 City Council Page 2 I trust the attached information is responsive to your request. Sincerely, Darlene L. Burcham City Manager DLB/sms C; David C. Anderson, City Treasurer Willard N. Claytor, Director of Real Estate Valuation William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Troy A. Harmon, Municipal Auditor Sherman A. Holland, Commissioner of the Revenue ,/Mary F. Parker, City Clerk CITY ATTORNEY KEY BUSINESSES AND BUSINESS ACTIVITIES I. Practice Preventive Law II. Legal Oversight - Be continually aware of legal issues affecting the City by meeting regularly with the City Council, City Manager and other City administrators and providing legal counsel and advice. Education - Recommend and conduct training for City administrators and employees as needed to reduce potential liability of the City and to improve the provision of City services; prepare memoranda as needed for the same purpose; and provide for continuing legal education and professional development for staff. Provide Legal Services General counsel - Provide day-to-day legal counsel to City Council, the City Manager, the School Board, the School Superintendent and other administrators, boards, commissions and officers of the City, and of the School Board; attend meetings, conferences, and work sessions. Litigation - Handle civil actions brought by or against the City, and its officers and agencies. Legal Opinions - Research and prepare written opinions on legal matters in response to requests of clients. Measures - Research relevant law and prepare ordinances and resolutions in order to implement policy decisions of City Council. Contracts and Legal Documents - Draft or review contracts and other legal documents to which the City is a party. Real Estate - Prepare deeds, examine titles, conduct closings for acquisition and disposition of real property. Collections - Provide legal support to City departments having responsibility for collection of debts owed to the City, such as taxes (real property, personal property, business, professional and DOCUMENT5 II. Provide Legal Services General counsel - Continue to attend regularly scheduled meetings of administration, boards and commissions to be able to provide on-the-spot legal counsel. o Litigation - Strive always to be prepared and professional when appearing in administrative and judicial proceedings on behalf Of clients. o Legal Opinions - Produce clearly understandable and timely legal opinions for our clients. o Measures - Prepare measures which clearly articulate and implement the policy decisions of City Council. Contracts and Legal Documents - Ensure that the City's legal documents are simple, clear and protect the City's interests. o Real estate - Ensure that real estate closings are conducted as expeditiously as possible. Collections Assist as much as possible departments responsible for collections. III. Advocate and Protect Interests of City Advocate and protect the interests of the City at the State and Federal level. DOCUMENT5 occupational licenses, etc.), water and sewer accounts, weed and demolition liens; and damage to City property. III. Advocate and Protect Interests of the City At State and Federal level, serve as contact between City's legislative consultant and City Council and other City officials; promote City's legislative agenda; review and keep abreast of proposed legislation and administrative regulations and advise affected departments and officers of the City. LINK TO CITY COUNCIL VISION FOCUS AREA Inasmuch as the City Attorney's office provides legal services directly to City Council, the School Board and all operating divisions of both, the many businesses and business activities of the office link to all aspects of City Council's Vision Statement and the City's Comprehensive Plan. STRATEGIC GOALS: I. Practice Preventive Law Legal Oversight - Encourage clients to involve our office early on in projects, rather than at the last minute, or as an afterthought. Education - Participate in and conduct more training programs for clients, keep clients better informed of legal developments. DOCUMENT5 Citation/Title VA Code Sec. 15.2-1542, Creation of office of authorized; appointment, salary and duties county, city or town Page attorney *19492 Va. Code Ann. § 15.2-1542 WEST'S ANNOTATED CODE OF VIRGINIA TITLE 15.2. COUNTIES, CITIES AND TOWNS SUBTITLE II. POWERS OF LOCAL GOVERNMENT CHAPTER 15. LOCAL GOVERNMENT PERSONNEL, QUALIFICATION FOR OFFICE, BONDS, DUAL OFFICE HOLDING AND CERTAIN LOCAL GOVERNMENT OFFICERS ARTICLE 7. OTHER OFFICERS OF LOCAL GOVERNMENTS Current through End of 2001 Sp. Sess. ! § 15.2-1542. Creation of office of county, city or town attorney authorized; appointment, salary and duties A. Every county, city or town, not otherwise authorized to create the office, may create the office of county, city or town attorney. Such attorney shall be appointed by the governing body to serve at the pleasure of the governing body. He shall serve at a salary to be fixed by the governing body. In the event of the appointment of such attorney, the attorney for the Commonwealth for such locality shall be relieved of any duty imposed upon him by law in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of the locality, of drafting or preparing ordinances, of defending or' bringing actions in which the local government or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party, and in any other manner advising or representing the local government, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government attorney. Nothing herein, however, shall relieve such attorney for the Commonwealth from any of the other duties imposed on him by law including those imposed by § 2.2-3126. B. The county attomey may prosecute violations of the Uniform Statewide Building Code, the Statewide Fire Prevention Code and all other ordinances as may be agreed upon with the attorney for the Commonwealth. Such attorney shall be accountable to the governing body in the performance of his duties. C. The county attorney of Montgomery, Fairfax or Prince William Counties may prosecute violations of county ordinances, except those ordinances which regulate, in a manner similar to State statute, the operation of motor vehicles on the highway. D. City and town attorneys, if so authorized by their local governing bodies, and with the concurrence of the attorney for the Commonwealth for the locality, may prosecute criminal cases charging either the violation of city or town ordinances, or the commission of misdemeanors within the city or town, notwithstanding the provisions of § 15.2-1627. *19493 Acts 1997, c. 587, eft Dec. 1, 1997. <General Materials (GM) - References, Annotations, or Tables> REFERENCES CROSS REFERENCES Copyright (c) West Group 2001 No claim to original U.S. Govt. works Page VA Code Sec. 15.2-1542, Creation of office of county, city or town attorney authorized; appointment, salary and duties Counties, county executive form of government, appointment of county attorney authorized, see § 15.2-529. Local government attorneys, special license plates for, see § 46.2-749.35. Pensions, benefits, and retirement, Virginia retirement system, retirement of appointed county, city or town attorneys upon attaining age fifty, exception from early retirement provisions, requirements, see § 51.1-155.2. LIBRARY REFERENCES Key Numbers Westlaw Key Number Search: 131 k2. Encyclopedias 56 Am. Jut. 2d, Municipal Corporations, Counties, and'Other Political Subdivisions § 232. C.J.S. District and Prosecuting Attorneys § 3. ANNOTATIONS NOTES OF DECISIONS' Powers and duties 1 1. Powers and duties Winchester city attorney may prosecute criminal violations of city ordinances without concurrence of Commonwealth's attorney. 1999 Op. Atty. Gen., Nov. 12, 1999. Copyright (c) West Group 2001 No claim to original U.S. Govt. works § 26. City attorney. The city attorney shall be elected at the time, in the manner, and for the term provided by section nine of this charter. He shall be the legal advisor of and attorney and counsel for the city and the school board of the city and for all officers, and departments thereof, in matters relating to their official duties. He shall prosecute all suits, actions and proceedings for and on behalf of the city and the school board of the city, and defend all suits, actions and proceedings against the same, and shall prepare all contracts, bonds and other instruments in writing, in which the city or the school board of the city are interested or concerned, and shall endorse on each his approval of the form and correctness thereof, provided that in the case of bonds to be issued by the city, it shall be sufficient if he certify to the council his approval thereof as to form in a separate writing, to be filed and preserved with the records of the council. The council, the city manager, or any officer, board or commission may require the opinion of the city attorney upon any question of law involving their respective powers and duties. The city attorney shall apply in the name of the city to a court of competent jurisdiction for such injunction or injunctions as may be necessary to restrain and prevent the misapplication of the funds of the city, or the invasion or abuse of its corporate powers, or the usurpation of authority by any city official, or the execution or performance of any contract made in behalf of the city in contravention of law, or which was procured by fraud or corruption. When an obligation or contract made on behalf of the city granting a right or easement or creating a public duty is being evaded or violated, the city attorney, when directed by council, shall institute and prosecute such suit or suits as may be necessary to enforce the forfeiture thereof, or the specific performance thereof, as the nature of the case may require. In case any officer, board or commission shall fail to perform any duty required by law, the city attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty. Whenever the city or school board shall purchase or otherwise acquire real estate or any interest therein, unless other provision is made by the council, the city attorney shall conduct such title examination as he deems appropriate before the purchase price thereof shall be paid. The said city attorney shall perform such other duties as may be required of him by ordinance or resolution of the council. (Acts 1977, Ch. 201, § 1; Acts 1980, Ch. 71, § 1) OFFICE OF CITY ATTORNEY ORGANIZATIONAL CHART I Assislanl City I ! Assistant City Attorney Attorney CITY COUNCIL CITY ATTORNEY Assistant City Legal Secretary Assistant City Attorney Attorney Assistant City Attorney(DSS) CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: TO: FROM: SUBJECT: March 19, 2002 Barry L. Key, Director, Management aknd Budget Mary F. Parker, City Clerk ~ ~' Duties and Responsibilities of the City Clerk's Office In response to your memorandum dated March 12, 2002, regarding a request for information on the duties and responsibilities of the City Clerk's Office, I am pleased to provide the following: 1. Department name: City Clerk's Office. 2. Summary of departmental responsibilities: *Prepare, distribute and maintain official correspondence files covering approximately 540 major categories and approximately 13,600 official documents; and respond to and process approximately 15,000 requests for research annually. *Prepare agendas, attend City Council meetings and record actions, prepare minutes and record on official journal books; and index minutes for reference purposes. *Depository of minutes of Council appointed committees; attend certain committee meetings, record actions and prepare minutes. *Coordinate special activities as requested by City Council; and administer a $30,000.00 Service Awards Program for City employees. DATE: March 19, 2002 TO: Barry L. Key Page 2 o *Update the City Code, and sell copies of the Zoning Ordinance, and miscellaneous photocopies to the public *Coordinate implementation of an electronic documents program to simplify computerization and to enhance accessibility by the public to City Council records via the Internet. *Maintain data on approximately 80 committees, including membership, terms of office, term expiration dates, purpose of committees, and nomination forms. State Code or Constitution sections that mandate or requlate department MFP:sm responsibilities: There is 'no specific reference in the Code of Virginia or the Constitution. City Charter or City Code sections that mandate or requlate departmental responsibilities: Chapter 2, Administration, Article VII, City Clerk, Sections 2-151 - 2-154. The Council shall elect a City Clerk as provided in Section 9 of the City Charter. Section 24 of the City Charter provides that the City Clerk shall be elected at the time, in the manner and for the term provided by Section 9 of the City Charter and enumerates the duties and responsibilities of the City Clerk. Other pertinent information: The City Clerk's Office supports the vision statement adopted by City Council in an enthusiastic environment with knowledgeable staff by providing courteous, efficient and timely accessibility to official public records through the use of current office technology. Using a team oriented approach, the Clerk's Office provides a link between City Council, citizens and other customers. Organizational Chart. Attachment CITY CLERK'S OFFICE ORGANIZATIONAL CHART City Clerk I Deputy City Clerk Assistant City Clerk Assistant to the Mayor Executive Secretary ! Administrative Secretary (2) Part-time Clerical (1) DATE: TO: FROM: SUBJECT: MEMO OFFICE OF THE CITY MANAGER March 18, 2002 Barry Key, Director of Management and Budget David A. Diaz, ASsistant to the City Manager ~--~ City Manager's Office: duties and responsibilities Mission Statement The City Manager's Office exists to improve the quality of life for the citizens of Roanoke and to implement the policies and vision of City Council. By providing customer-oriented leadership and a participatory style of government, the City Manager's Office will promptly respond to the short-term needs of the citizens while seeking their involvement in developing the long-term goals of the community. Key Business Business Activities Council Services Recommend policies and actions to Council Implement Council's Vision and policies Submit and recommend a balanced budget Prepare and coordinate council reports Ensure Council priorities are addressed Citizen Relations Provide professional and responsive customer service Respond promptly to citizen inquiries Inform citizens of public events Keep citizens informed and involved Executive Administration Provide general management and leadership to department heads Supervise operation of city departments Coordinate interdepartmental efforts Select department heads and approve department plans/budgets Oversee enforcement of ordinances, resolutions and policies Community Development Monitor implementation of Vision 2001-2020 Comprehensive Plan Pursue city/regional economic development strategies Promote environmental stewardship in the community Encourage regional approaches to solving community issues/needs Involve community in developing short/long term goals City Code and Charter According to Sections 2-119 thru 2-126 of the Roanoke Code, the City Manager is the administrative head of the municipal government and chief executive officer. The City Manager is responsible for the supervision of departments and divisions; and, has the authority to transfer funds, execute leases and other documents. ' According to Section 20 of the City Charter, the City Manager is the administrative head of the municipal government that serves at the pleasure of City Council. The City Manager is responsible for the efficient administration of all offices of the City and has the power to enforce laws and ordinances, make reports and recommendations to Council, keep council advised of the City's financial condition, make investigations as to city affairs and submit a budget. Cc: Darlene L. Burcham, City Manager I I I . I I I 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 Date: March 18, 2002 To: Barry Key, Director of Management and Budget From: Jesse Hall, Director of Finan~ Subject: Duties and Responsibilities Barry, the following information is provided per your March 17, 2002 memo. For ease of use, I have provided the information in summary form as you requested. As you know, there are many detailed processes and procedures underlying each of the functions listed. I would be pleased to provide additional information should you or City Council desire. There are two departments under the Director of Finance, which we commonly refer to as the Department of Finance and the Office of Billings and Collections. Charter section 25.1 and Code section 2-233 through 2-240 outline the authority granted and the responsibilities and requirements of the Director of Finance. The Director of Finance serves as Secretary/Treasurer for the Pension Plan, Treasurer for GRTC, RVDC, HI{CCC and as Council's Commissioner for the RVDC. A summary of the operational functions that incorporates the authority, duties and responsibilities of the Director are listed: Department of Finance: Accounting o Establish internal controls and maintain accounting records for receipt of revenue and expenditure of funds including School Board, FDETC, HI{CCC and RVDC. o Pays all obligations for the City and School Board o Maintain budgetary controls via the accounting system o Manages cash flow and coordinates with City Treasurer for investment of City's idle cash o Coordination of annual external audit o Stewardship of City's fixed assets o Oversight of purchasing cards o Oversight of three major data processing systems--accounting, retirement, and payroll o Oversight of several smaller data processing systems o Provide training to departmental users of software systems Financial Reporting o Monthly financial report to City Council o Comprehensive Annual Financial Report for City and Pension Plan o Monthly financial reports for RVDC and HRCCC o Annual financial report for RVDC and some preparation for HRCCC annual financial report o Annual Comparative Cost Report to the State Auditor of Public Accounts o Annual Bond Disclosure reports to various depositories o Numerous financial and statistical reports to state and federal agencies o Annual census surveY to federal government o Annual cost allocation plan Payroll o Biweekly payroll for City employeesmapprbximately 2,000 full time and part time employees o Biweekly payroll for classified School Board employees--approximately 500 employees o Monthly payroll for School Board Administrative staff and Teachers--approximately 2,200 employees o Biweekly payroll for Roanoke Valley Detention Commission--approximately 70 employees o Monthly payroll for approximately 1,450 retirees o Payroll deduction and tax filings Retirement o Director of Finance serves as Secretary/Treasurer of the pension plan-responsible for the daily administration o Coordinates meetings of the Pension Board (appointed by City Council) and the Investment Committee o Coordinates with pension plan financial advisor and investment managers for investment of the pension trust fund o Coordinates with pension plan actuary to obtain annual actuarial report and periodic experience study o Administers the City's deferred compensation plan--approximately 1600 participants Budgeting o Prepares revenue estimates for annual budget and serves on budget committee o Coordinates with the budget department in preparation of the Capital Improvement Program budget Capital Financing o Coordinates long term financing such as bond issuance or capital leasing. o Debt management for outstanding long term debt Billings and Collections Meter O Reading Responsible for reading 15,000 water meters per month to generate quarterly and monthly water/sewer billings Utility O Billing Responsible for accurately billing approximately 35,000 customers, which generates $20,500,000 in revenue in water, sewer, and general funds Customer service provided by answering billing questions, scheduling service terminations,, investigations, meter repair, work orders, electronic bank drafting and sewer exemption metering Delinquent Tax Area o Responsible for collection of "delinquent" personal property taxes, real estate taxes, business licenses, and water bills o Administers the tax sale process and DMV vehicle registration withholding program. Includes collections for delinquent Emergency Medical Services bills Local Tax Administration o Responsible for administering Prepared Food and Beverage Tax (Meals Tax), Admissions Tax, Transient Occupancy Tax, Consumer Utility Tax, Local Telephone Surcharge (E-911) Tax, Rights of Way Use Fee, Cellular Tax, Consumption Tax, and various franchise fees. These taxes and fees generate approximately $24,000,000 in revenue annually Parking Ticket Administration o Responsible for 30,000 parking tickets annually for revenue of $320,000 including issuance of Law Enforcement Notices and Summons to court for delinquent tickets City Wide Accounts Receivable Billing o This system centralizes billings from all over the city from bad checks to building permits, from weed and demolition invoices to intergovernmental billings which total $17,000,000 annually Lease O Administration Responsible for issuing invoices in accordance with lease terms totaling $817,000 annually Set-Off Debt Collection o Responsible for submitting various categories of delinquent debts including library fines, local taxes, miscellaneous a/r, EMS, and personal property taxes for withholding from state income tax refunds and lottery winnings Additional Information: Consolidation of City and School Board Accounting and Payroll Systems--these functions were consolidated on the City's data processing system in 1981 to avoid duplication of systems. Significant savings are realized each year due to consolidation of these functions Administration of Local Taxes--the administration of local taxes was transferred from the Commissioner of the Revenue to the Finance Department in 1992 to provide better coordination of the assessment and collection of local taxes. Retiren-,ent Plans Department of Finance Organizational Chart (See separate organizational chart) Office of / illings ,ndr~ ollections I Financial Planning Financial Reporting Transaction Processing Retirement Administration I Deputy Director of Finance City Council I Director of Finance Admini~=atlve Secretary Admini~trator I I~ccounta~l I Technician 215 Church Avenue, Room 461, P.O. Box 1220 · Roanoke, Virginia 24006-1220 · (540) 853-2062 Fax (540) 853-6!L~2 CITY WEB: www.ci.roanol<e.va.us/finance/retirement Current Organizational Structure for Billings and Collections Billings and Collections City Council Tax Compliance Technician I Senior Tax Compliance Administrator Director of Finance I Deputy Director of Finance I Chief, Billings and Collections , Customer Service Accountant Supervisor Collector Supervisor Meter Reader Supervisor Meter Reader Technician (1) Meter Readers (3) Customer Service Representative (3) Sr. Customer Service Representative (3) Collectors (3) MUNICIPAL AUDITING Date: To: From: Subject: M MO March 15, 2002 Barry L. Key, Director of Management and Budget Drew Harmon, Municipal Auditor ~ Request for Information on Duties and Responsibilities As you requested, I have provided the information regarding the Auditing department according to the format you suggested. A. Department Name: Municipal Auditing - B. Summary of Department Responsibilities: Municipal Auditing Key Businesses and Activities: Auditing: Performing audits for the City and Schools to provide assurance that financial statements are faidy presehted according to government standards and to provide an opinion on the condition of the system of internal controls with, recommendations for improving controls. Key activities supporting this business are as follows: · Performing financial audits of City and School subsystems as required by State law. Evaluating operations and systems based on recognized business standards and standards of Federal, State, and Local government authorities. · Collaborating with management to develop solutions to control concerns, operational concerns, and compliance issues identified during audit work. · Reporting fairly, accurately, and timely, the results and conclusions from audit work. Performing follow-up audit work on outstanding concerns from prior audits to provide management and City Council on-going status reports on progress towards resolution of those outstanding concerns. · Developing annual and multi-year audit plans to best allocate limited audit service resources to those areas with the greatest need. Consulting: Providing advice and education regarding the management of risks, development of controls, and compliance with laws and regulations as requested by management. Key activities supporting this business are as follows: Requested Information April 1, 2002 Council Meeting Page 2 · Performing objective research and analyses on performance, financial, and operational data for management. · Advising city and school management about trends and changes affecting the control environments in which governments and schools operate. State Code or Constitution Sections that Mandate or Regulate Department Responsibilities: Code of Virginia § 15.2-2511 Audit of local government records, etc.; Auditor of Public Accounts; audit of shortages. The City Sheriff's accounting records fall under this section and the Municipal Auditor performs this audit to save the Sheriff from having to pay an outside CPA firm to perform this service. Code of Virginia §22.1 and 22.1-17; Board of Education Regulations 8VAC20- 240-40. Audits; monthly and annual reports. School activity funds (internal accounts) shall be audited at least once a year by a duly qualified accountant or accounting firm approved by the local school board and a copy of the audit report shall be filed in the office of the division superintendent. Monthly reports of such funds shall be prepared and filed in the principal's office, and annual reports shall be filed in the office of the principal or division superintendent. The cost of such an audit is a proper charge against the school operating fund or school activity funds. 3. Code of Virginia § 2.1-166 Reimbursement of Part of Expenses of Such Audit. Every locality, the accounts and records of whose officials or agencies are audited in pursuance of § 2.1-165, shall reimburse the Commonwealth to the extent of one-half of the expense connected therewith, the same to be paid into the state treasury on the presentation by the Auditor of Public Accounts of a bill therefore. All such sums so repaid shall be placed by the Comptroller to the credit of the current appropriation made to the Auditor of Public Accounts and may be used by the latter for the purpose of carrying out the provisions of §2.1-165. In an effort to save the City money, the Municipal Auditor entered into an agreement on August 21, 1986 with the Auditor of Public Accounts. The agreement is as follows: The City Auditor shall provide the qualified audit staff necessary to perform one-half of the audit hours of the audit of the Clerk of the Circuit Court of the City of Roanoke. 2. The APA agrees not to bill the City of Roanoke for fifty percent of their audit costs associated with performing the audit. Requested Information April 1, 2002 Council Meeting Page 3 3. The scheduling of the audit engagement will be determined by the APA. The APA District Audit Supervisor will contact the City Auditors to inform them when the audit will be performed. The APA will give the City Auditors as much notice as possible. In the event your department (Municipal Auditing) is not able to provide the audit staff necessary to perform the audit engagement as noted in item 1 above then, in accordance with § 2.1-166 of the Code of Virginia (1950), as amended, this Office will bill the City of Roanoke for one-half of the costs connected with performing the audit. 6. It is estimated that the cost to the City of Roanoke would be in the neighborhood of $10,000 - $12,000. Another audit we perform annually is the police cash funds audit that is required under the provisions for accreditation issued by the Commission on Accreditation for Law Enforcement Agencies (CALEA). We provide approximately 240 hours of audit work annually to satisfy this requirement and report the results of the audit directly to the City Council Audit Committee. D= City Charter or Code Sections that Mandate or Regulate Department Responsibilities: § 25.2. Municipal Auditor The municipal auditor shall be elected by the council at the time, in the manner and for the term provided by § 9 of this Charter; provided, however, that the term of the municipal auditor first elected hereunder, if elected prior to the first day of September, nineteen hundred seventy-four, shall expire on the last day of September, nineteen hundred seventy-four, or at such time thereafter as his successor shall have been elected and qualified. (a) The municipal auditor shall have such qualifications as the council shall from time to time establish. (b) It shall be his duty to examine and audit all accounts, books and records of the city that reflect transactions involving financial activities of the city, including those for which the city has a responsibility as an agent, custodian or trustee, said audit to be made in a timely manner or as prescribed by ordinance. (c) It shall be his duty to work closely with the director of finance in promulgation of systems and procedures employed in the accounting for revenue received and expenditures made by the city. (d) When so directed by the council, it shall be his duty to see to implementation of and to supervise all systems recommended to be established by independent public accountants making audits for city functions. Requested Information April 1, 2002 Council Meeting Page 4 (e) It shall be his duty to report to the council within sixty days after the close of the fiscal year a summary of the activities of his office during the preceding fiscal year. It shall be his duty to report to the council in writing within sixty days after the completion of an examination of any department, agency or activity of the city, a summary of all findings resulting from his examination. A copy of each audit report shall be submitted to the council, the city manager and to the department, agency or office audited. (f) It shall be his duty to report immediately in writing to the city manager and to the council any unauthorized, illegal or irregular act or practice he discovers affecting or involving public funds or the financial affairs of the city. (g) In the performance of his aforesaid duties, he shall have access at any and all times to all books, records and accounts of each department, office, officer, employee or agency of the city subject to examination or audit by him. (h) Subject to the provisions of § 9 of this charter, he shall have power to appoint such assistants and employees as the council shall authorize and appropriate funds to provide for. (i) The municipal auditor shall devote his full time and effort to post-audit examinations and reporting and shall receive only such compensation as may be fixed for the position by ordinance of the council. He shall not serve in any capacity on any administrative board, commission, district, or agency of the city, county, or the State nor shall he have a material direct or indirect financial or other economic or personal interest in the transactions of any officer, department, board, commission, district, or other organization for which he is responsible to audit or cause to be audited. He shall not be directly responsible for the collection of any money belonging to the Commonwealth of Virginia, the city of Roanoke, or other political subdivisions of the State or the city, nor shall he be directly responsible for the handling or custody of state or local public funds. Neither he nor any member of his staff shall engage in or be associated with any partisan political activity or hold any other public office. He shall neither conduct nor supervise an audit or post-audit of any office, department, program or activity of the city of Roanoke for which he was responsible or in which he may have participated or been employed during any preceding two years. The council shall provide otherwise for any necessary audit or post-audit of any such office, department, program and activity falling within the proscription of this provision. The council shall assign to him no administrative or other duties, except such as may be incidental to the objectives and functions of post-auditing or such as do not act to impair the independence of his audits. (Acts 1974, Ch. 149, § 1 ) E. Other Pertinent Information: There are a variety of organizational models used for govemment internal audit functions. In some cases the general public elects the auditor, in some cases the public's elected officials appoint the auditor, and in some cases the Chief Executive Officer or the Chief Financial Officer hires the auditor. The model used greatly influences the nature of the work performed by the auditor. I have always believed the Requested Information April 1, 2002 Council Meeting Page 5 model used by the City of Roanoke is the superior model for the reasons I've noted below: In the City of Roanoke, our department audits the offices of the Sheriff, the Treasurer, the Commissioner of the Revenue, and the Clerk of the Court on a regular basis. I believe these elected officials trust the work performed by our department in part because of our legislated and demonstrated political neutrality. The same is true of our work for appointed officers. Because our department is independent of all the appointed officers and their areas of responsibility, I believe cooperation is enhanced and recommendations are given more credence. The perception of objectivity and independence is essential for an auditor to be effective. The public and employees are sensitive to the reporting relationships of auditors and those they audit. The credibility of our public reports rest on the fact that our department is independent of those who we audit and report on. Audits often deal with sensitive subjects that effect city operations across the organization and across lines of authority. Our positioning as one of Council's appointed offices has ensured that the Auditing department has the authority to respond appropriately to concerns wherever they arise within the organization. F. Department Organizational Chart Municipal Auditor Administrative Assistant Assistant Municipal Auditor (Vacant) Audit Staff: 4 FTEs (Any combination of staff, senior, and EDP Auditors) DocumentFrame Page 1 of 1 ARTICLE Xll. MUNICIPAL AUDITOR* *Charter reference(s)--Municipal auditor generally, § 25.2. Sec. 2-249. Election; term of office. As provided in sections 8 and 9 of the Charter, the council shall elect a municipal auditor for a term of two (2) years from the first day of October in the year of such election. (Code 1956, Tit. II, Ch. 8.2, § 1) Sec. 2-250. Assistants and clerical help. The municipal auditor is authorized and empowered to appoint such assistant municipal auditors and such clerical help as may be necessary, within the limitation of {he funds provided for such purpose by the council. Any of the duties of the municipal auditor may be performed by an assistant municipal auditor. (Code 1956, Tit. II, Ch. 8.2, § 4) Charter reference(s)-Authodty of council to provide for appointment of one or more assistants to municipal auditor, § 23. Sec. 2-251. General duties. The duties of the municipal auditor shall be as defined and set out in section 25.2 of the Charter. (Code 1956, Tit. II, Ch. 8.2, § 2) Secs. 2-252-2-262. Reserved. http://., ./om_isapi.dll?infobase= 11474.nfo&record= { 4CB } &softpage_-newtestDocumentFrarn 3/16/2002 INTEROFFICE MEMORANDUM To: CC: From: Date: Subject: Barry Key, Director of Management & Budget W. N. Claytor ~4arcb Ill, 2002 Request for information on Duties and Responsibilities The Office of Real Estate Valuation (real estate assessor's office) is the city department responsible for appraising all real property at 100% of market value each year. The appraisals are used to calculate the annual real estate tax bill for each property owner in the city. The assessor's office also keeps track of ownership changes, maintains maps of parcel boundaries, updates descriptions of building and property characteristics, keeps track of individuals and properties eligible for exemptions and other forms of property tax relief, and, most importantly, analyzes trends in sales prices, construction costs, and rents to estimate the value of all assessable property. This mission is accomplished very economically -- less than 1/10th the cost of hiring a private appraiser to appraise your property). The assessor of real estate, (known as the director of real estate valuation in Roanoke), is appointed by Roanoke City Council under the provisions of title 58.1-3275 Code of Virginia and Section 32-37 Roanoke Code. Mr. Claytor has been certified as a qualified professional assessor by the Commonwealth of Virginia Department of Taxation. FFIO~ THE DESK OF... W. N. C, LAYTOR DIRECTOR REAL ESTATE VALUATION 215 CHURCH AVENUE aw. ROOM 250 ROANOKE, VIRGINIA 24011 (540) 853-2771 Fax: (540) 853-2796 Barry Key, Director of Management & Budget March 18, 2002 Page 2 Key Businesses and Activities Estimate the market value and equity of assessments on all real property and perform market value appraisals related to mechanical, plumbing, electrical, and building permits. · Conduct field inspections on residential, commercial and real properties industrial · Conduct hearinqs/assessment appeals with property owners and the Board of Equalization. Administer preferential assessment pro.qrams, including the Agricultural Land Use program and the Exemption on Certain Rehabilitated Real Property. · Update property cheracteristics, ownership, legal description and transfer information on all real property. Provide responses tO inquires from citizens, attorneys, lending institutions, fee appraisers and real estate agents requesting real estate related service and information. Relevant leaislation which governs the operations of the assessor's office are: Constitution of Virginia Article X Taxation and Finance Sections I - 4 & 6 State Code Title 58.1 Chapter 32 Real Property Tax Sections 58.1-3200 to 58.1-3389. REAL ESTATE VALUATION JANUARY 1,2001 ' ACCO~jNT TEcHNICr~N ~ I. Department Name: City Treasurer II. Summary of Departmental Responsibilities: · Central Point of Collection for all City Revenue: B. C. D. E. F. G. H. I. J. K. Real Estate Taxes (Mail bills and collect) Personal Property Taxes and City Decals (mail bills and collect) Business Licenses Water Utility Bills City Wide accounts receivable Parking Tickets Sale of Dog Licenses Transient Room. Admission Taxes, E-911 Receipts from State Set-Off Dept Program Sale of Cigarette Stamps to wholesale dealers Meals Tax, Utility Tax, and Mobile Telecom Tax · Investment of City Funds (other than bond proceeds) B. C. D. E. Repurchase Agreement Commercial Paper Local Government investment pool of Commonwealth First Union "Advantage" Account First Union Money Management Account · Collect, process, and deposit state taxes: Ao Estimate income tax State Income Tax The key businesses and business activities outlined in the Treasurer's Business Plan and FY2002-2003 Budget were as follows: · Revenue Collection - Provides the point of entry of all collections into the City's Revenue Collection System. · Cash Management - Provides guidelines and support for securing bids from banking institutions, and securities dealers, investing the City's idle cash per the City Investment Policy, and ensuring the safekeeping of City Funds held by the City Treasurer. · State Tax Collection - Provide collection, accountability and transmission of estimated income and state income tax for the Commonwealth of Virginia. III. State Code or Constitution Sections that mandate or require departmental responsibilities: · Election and terms of constitutional officers - Title 24.2-217. Provides for qualified voters to elect a sheriff, an attorney for the Commonwealth, a Treasurer, and a Commissioner of the Revenue for terms of four years. · Code of Virginia, Chapter 31, local officers, Article 2, Treasurers, Section 58.1- 3123 through 58.1-3172.1, defines the role of the Treasurer. · Code of Virginia, ^rtiCle 2, Collection by Treasurers. Title 58.1-3910 through 58.1-3971 of Article 4. These sections deal with the powers of the Treasurer to collect taxes. IV. City Charter or Code Sections that mandate or requlate departmental responsibilities. · City Charter, Section 37, City Treasurer, describes duties of City Treasurer; Section 18, Election prescribes for the Election of Constitutional Officers. (Copies attached). · Code of the City of Roanoke, Chapter 32, taxation, Section 32.1 through 32-297 defines various forms of taxes, charges and fees of the City. The Treasurer is included in each section that addresses the collection. V, Other Pertinent Information: While the nature of this request is unclear, it is my belief after being a public servant for 32 years, that the system of checks and balances now in place provides our citizens a level of confidence they expect. While no system is perfect efficiency must also demand accountability. As City Treasurer, efficiency is a priority with the first priority being accountability. VI. Organizational Chart- City Treasurer's Office: Attached. ORGANIZATIONAL CHART Roanoke City Treasurer's Office January, 2002 CITY TREASURER David C. Anderson CHIEF DEPUTY TREASURER R. Richard Hale, Jr. ACCOUNT TECHNICIAN P. Overstreet TREASURER CLERK III E. Whorley P. Williams EXECUTIVE SECRETARY G. Shepherd TREASURER CLERK II E. Patterson A. Hale T. Meador TREASURER CLERK I Vacant S. Smith T. Austin JUNIOR ACCOUNTANT d. Jones T. Heavner Citation/Title VA Code Sec. 24.2-217, *31403 Va. Code Ann. § 24.2-217 Election and terms of constitutional officers WEST'S ANNOTATED CODE OF VIRGINIA TITLE 24.2. ELECTIONS CHAPTER 2. FEDERAL, COMMONWEALTH, AND LOCAL OFFICERS ARTICLE 5. CONSTITUTIONAL AND LOCAL OFFICERS Page 1 Current through End of 2001 Sp. Sess. I § 24.2-217. Election and terms of constitutional officers The qualified voters of each county shall elect a sheriff, an attorney for the Commonwealth, a treasurer, and a commissioner of the revenue at the general election in-November 1995, and every four years thereafter unless a county has adopted an optional form of government which provides that the office be abolished or a county's charter so provides. The qualified voters of each city, unless its charter provides otherwise, shall elect a sheriff, an attorney for the Commonwealth, a treasurer, and a commissioner of the revenue at the general election in November 1997, and every four years thereafter. All shall hold office for a term of four years beginning the January 1 next succeeding their election. The qualified voters of the several counties shall elect a clerk of the circuit court of the county at the general election in November 1999, and every eight years thereafter. The qualified voters of each city having a circuit court shall elect a clerk of the circuit court at the November 1995, general election and every eight years thereafter. They shall hold office for a term of eight years beginning the January 1 next succeeding their election. If a county and city share any of the offices to which this section applies, the qualified voters of the city shall cast their votes for that office according to the schedule set forth above for counties. Acts 1993, c. 641, eft. Dec. 1, 1993. <General Materials (GM) - References, Annotations, or Tables> REFERENCES CROSS REFERENCES Bonds taken by courts and officers, see § 49-13. Consolidation of localities, constitutional officers, see § 15.2-3534. Election, powers, and duties of county or city officers, see Const. Art. 7,§ 4. Transition of towns to cities, election and terms of city officers, see § 15.2-3820. Transition of towns to cities, qualification of officers, see § 15.2-3821. Key Numbers Westlaw Key Number Searches: Encyclopedias *31404 LIBRARY REFERENCES 104k62; 104k65; 353k2; 353k5. Copyright (c) West Group 2001 No claim to original U.S. Govt. works VA-STAT-ANN - VA CONST Art. 7, Sec. 4, County and city officers ............ Excerpt from page 679 follows ............ VA Const. Art. 7, § 4 WEST'S ANNOTATED CODE OF VIRGINIA CONSTITUTION OF VIRGINIA [1971] ARTICLE VII. LOCAL GOVERNMENT Current through End of 2001 Sp. Sess. I § 4. County and city officers There shall be elected by the qualified voters of each county and city a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue. The duties and compensation of such officers shall be prescribed by general law or special act. Regular elections for such officers shall be held on Tuesday after the first Monday in November. Such officers shall take office on the first day of the following January unless otherwise provided by law and shall hold their respective offices for the term of four years, except that the clerk shall hold office for eight years. The General Assembly may provide for county or city officers or methods of their selection, including permission for two or more units of government to share the officers required by this section, without regard to the provisions of this section, either (1) by general law to become effective in any county or city when submitted to the qualified voters thereof in an election held for such purpose and approved by a majority of those voting thereon in each such county or city, or (2) by special act upon the request, made after such an election, of each county or city affected. No such law shall reduce the term of any person holding an office at the time the election is held. A county or city not required to have or to elect such officers prior to the effective date of this Constitution shall not be so required by this section. The General Assembly may provide by general law or special act for additional officers and for the terms of their office. REFERENCES Copyright (c) West Group 2001 No claim to original U.S. Govt. works CHARTER § 38 of the city nor shall any obligation for the expenditure of money be incurred except pursuant to the appropriations made by the council. § 37. City treasurer. The city treasurer shall be elected at the time, in the manner and for the term provided in section eighteen of this charter. He shall give bond in such sum as the council may prescribe with surety to be approved by the council, conditioned for the faithful discharge of his official duties in relation to the revenue of the city, and of such other official duties as may be imposed upon him by this charter and the ordinances of the city. He shall collect and receive all city taxes, levies, assessments, license taxes, rents, school funds, fees and all other revenues 'or moneys accruing to the city, except such as council shall by ordinance make it the duty of some other officer or persons to collect, and for that purpose shall be vested with any and all powers which are now or may hereafter be vested in such city treasurer as collector of State taxes. He shall be the custodian of all public money of the city, and all other money coming into his hands as city treasurer. The city treasurer shall keep and preserve such moneys in such banks or trust companies as may be determined by ordinance or by the provisions of any law applicable thereto, and may permit securi- ties pledged by the depositories of city funds to be held in custody by the Federal Reserve Bank of Richmond, Virginia, in accor- dance with any operating circular or circulars of such bank. He shall perform such other duties, have such powers and be liable to such penalties as are now or may hereafter be prescribed by law or ordinance. For such services the city treasurer shall receive such compensation as the council may from time to time prescribe by ordinance in conformity with general law. (Acts 1956, Ex. Sess., Ch. 3, § 1) § 38. Commissioner of revenue. The commissioner of the revenue shall be elected at the time, in the manner and for the term provided in section eighteen of this charter. He shall give bond in such sum as the council may by ordinance prescribe, with surety to be approved by the council, conditioned for the faithful performance of all his duties under Supp. No. 39 47 ~,~,~, ~,~u ~la~ receive the mgnest number o! votes at sucl~ election, shall be declared elected to the council, and the candidate receiving the highest number of votes for the office of mayor shall be declared elected mayor. In any such election each elector shall be entitled to vote for as many persons as there are vacancies to be filled, and no more; and no elector shall in such elections cast more than one vote for the same person. (Acts 1962, Ch. 442, § 1) § 18. Election [and terms for Commonwealth's attor- ney, commissioner of revenue, city treasurer, city sheriff and circuit court clerk]. The attorney for the Commonwealth, commissioner of revenue, city treasurer and city sheriff elected at the general election held in November of nineteen hundred seventy- three, shall hold office until their respective terms expire; thereafter, there shall be elected by the qualified voters of said city, on the Tuesday after the first Monday in November, nineteen hundred seventy-seven and quadrenni- ally thereafter, the following officers: one attorney for the Commonwealth, one commissioner of revenue, one city treasurer, and one city sheriff, who shall hold their offices CHARTER ~ 20 elected and qualified. The clerk of the Hustings Court of the City of Roanoke elected at the general election held in November of nineteen hundred sixty-nine, shall hereafter be and be known as the Clerk of the Circuit Court of the City of Roanoke, and he shall hold office until the term prescribed for such clerks by the General Assembly of Virginia shall expire; thereafter, there shall be elected by the qualified voters of said city on the Tuesday after the first Monday in November, nineteen hundred seventy-nine, and every eight years thereafter, one clerk of the Circuit Court of the City of Roanoke, who shall be clerk of all courts of record in this city, whose term shall begin and end as is now, or may hereafter be prescribed by the General Assembly of Virginia. (Acts 1972, Ch. 625, § 1; Acts 1974, Ch. 149, § 1) § 19. General provisions relating to elections; how elections conducted. All elections provided for in this charter, except as otherwise provided herein, shall be conducted, and the result canvassed and cer.tified by the regular election officials provided for by the general election laws of the state and all such elections shall be governed by the general electi°n laws. (Acts 1956, Ch. 393, § 1; Acts 1970, Ch. 207, § 1) § 20. The city manage~ appointment, qualifications, et cetera. The city manager shall be the administrative head of the municipal government. He shall be ch~en by the council without regard to his political beliefs and 8olely upon the basis of his executive and administrative qualifications. The choice shall not be limited to inhabitants of the city or State. He shall be appointed for an indefinite period ~nd shall hold office during the pleasure of the council. He ~ receive such compensation as shall be provided by the council by ordinance. He shall be bonded as the council my Barry Key To: Sherman Stovall i iiiii?!~ii::iiiiii -:0311812002 11:35 AM i CC: Subject: Response to memo dated March 12, 2002 Here's Sherman Holland's response. Barry L. Key Director of Management and Budget 215 Church Avenue Suite 354 Roanoke, VA 24011 Phone: 540.853.6806 Fax: 540.853.2773 Emaih Barry_Key~ci.roanoke.va.us ..... Forwarded by Barry Key/Employees/City_of_Roanoke on 03/18/2002 11:34 AM ..... Sherman Holland 'Fo: barry_key@ci.roanoke.va.us 03/18/2002 10:26 AM CC: Subject: Response to memo dated March 12, 2002 The primary key businesses and business activities of the Commissioner of the Revenue office are as follows: Business personal property taxation Personal property taxation Business license taxation Real Estate tax billing Virginia State Income taxation The duties and responsibilities of the Commissioner of the Revenue are many and varied, but defined and mandated throughout the Code of Virginia. In summary, the Commissioner of the Revenue is the chief tax assessing officer and administer of all assessments for personal property taxation (business and individual), business license tax, real estate billing, Virginia State Income taxation, and other local taxes. In other words, the members of City Council are responsible for establishing the various local tax rates through the Roanoke City Code in accordance to the Code of Virginia, and the Commissioner is responsible for administering & assessing the local taxes as mandated by the Code of Virginia. Commissioner of Revenue Organizational Chart Commissioner of Revenue Sherman A. Holland I Business License/BPPIState Income Tax Audit Team Chief Deputy ] Greg S. Emerson Personal Property/Real Estate Team I Business License Inspector/Auditor Patrick Woods I Acct Technician Jeffrey Washington Tax Compliance Auditor Melissa Dales Tax Compliance Auditor Eva Miller I Deputy Tax Tax Clerk I Jeall Cox ' Deputy Tax Tax Clerk ! Deena Fisher Sharon Chuang Compliance Auditor Jud~' Jeter ' I Deputy Tax Tax Clerk II Sarah Brown Sharon Carrington Shelby Cundiff Darlene Pierce Accl Teclmician Jill Eppedy 'l'eri Mor~ is Council Appointed Officer Survey Survey Questions Alexandria Charlottesville Fairfax Newport News Norfolk ~ Officers: City Manager City Clerk City Attorney :)irector of Finance X Director of Real Estate Valuation X Municipal Auditor FY 014)2 Bud et & Staffln FT 3ity Manager City Clerk City Attorney )irector of Finance Director of Real Estate Valuation Municipal Auditor e o Budget Function Finance Function Bud,,]et FTE $1,642,481 15 ~'. 321,904 3 $1,339,873 15 Separate ;Budget FTE $894,337 11 $6,703,739 86 Budget FTE Budget FTE $726,816 9$321,618 3 $127,010 I + 5 ;160,804 2 Council $ 296,405 N/A $832,688 12 k385,509 6 Separate Budget FTE Portsmouth Richmond ° 1.5 ;832,688 12 Pa~t of CM budget - not segregated Combined Budget FTE ~514,191 7 combined) )oes not include real estate and outside audit - under Finance X X X X X X X X X X X X Budget FTE $1.041,424 12 $302,883 5 $1,220,750 15 Separate Budget FTE ~03,246 6 $1,047,174 19 Attorney's office has 2 FTE X 3udget FTE $1,049,289 $1,119,372 $2,301,148 $1,118,552 ~- 382,543 14 21 32 21 Separate Budget FTE $__663,458 13 $2,167,394 40 At one time the Budget function was combined with the ~unded fr__~____~_ Social Senes, in order to receive state funding. These positions are Finance function supervised by the CA, but the cost nor position is included in the dept. amount. The Budget Dept. has I additional FTE assistant funded from separate fund, but not included above. Budget FTE $814,576 10 $252,776 5 ;930,454 12 $686,433 11 Separate Budget FTE * 3 24 Total budget Budget FTE Salem X X X X X X X X Budget FTE Virginia Beach X Budget FTE $875,952 8 ~458,897 4 $1,603,325 14 $1,462,930 18 $48,651 1 ~69,081 7 $1,751,623 29 hourly rate $3,048,355 44 $1,910,532 33 $__5570,306 7 Separate Budget FTE ;747,522 8 $7,040,629 115.5 The Budget function is Combined ;2,138,570 34 Separate Budget FTE Budget FTE $410,109 12 $1,360,944 19 combined) Amount shown for City Clerk represents actual salary only, for the Financ~e a sepa..~rate function in and Budget Offices the Dept. of Budget & is $1,620,348. Strategic Planning. )cos not include hinges or cost of operating the dept $__10,121,822 62 Office of the Mayor CITY OF ROANOKE 1'0 i:lama iOn WHEI~& ~EJ~, the citizens of the City of Roanoke are proud to join with the Scottish Society of the Virginia Highlands in recognizing the unique history and contributions of Scottish Americans to this country, along with such distinguished Virginians of Scottish descent as Patrick Henry, James Monroe and Woodrow Wilson; and the Declaration of Arbroath, the Scottish Declaration of Independence(after which this country's Declaration of lndependence was modeled), was signed on April 6, 1320; and WHE~, on March 21, 1998, the United States passed a bill establishing April 6 as National Tartan Day; and WH£R:F.d~, the citizens of the City of Roanoke are encouraged to recognize the achievements of Scottish Americans in the fields of science, technology, medicine, government, literature and visual and performing arts; and WI-I~, Scottish Americans are commended for their ongoing contributions to our great country. NO~r, THEREFORE, I, Ralph IC Smith, Mayor of the City of Roanoke, Virginia, urge all citizens to join in this celebration, and do hereby proclaim Saturday, April 6, 2002, throughout this great All-America City, as TAR TAN DA Y and, do hereby further proclaim April 2002 as SCOTTISH AMERICAN HISTORY AND HERITAGE MONTH. Given under our hands and the Seal of the City of Roanoke this first day of April in the year two thousand and two. , , , . ~ ATTEST: Mary F. Parker Ralph K Smith '~ Mayor City Clerk - GI"i'¥ OF ROANOKE WItEREAS, the Community Development Block Grant (CDBG) program has operated since 1975 to provide local governments with the resources required to meet the needs of persons o flow- and moderate-income, and CDBG funds are used by thousands of neighborhood-based, non- profit organizations through the nation to address pressing neighborhood and human service needs; and the Community Development Block Grant program has had a significant impact on the local economy through job creation and retention, physical redevelopment and improved local tax bases; and WIIE~, the City of Roanoke and other local governments have clearly demonstrated the capacity to administer and to customize the CDBG program to identify, prioritize and resolve pressing local problems, such as affordable housing, neighborhood and human service needs, job creation and retention, and physical redevelopment. NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, urge all citizens to join in recognizing the Community Development Block Grant program and the important role it plays in our community, and do hereby proclaim April 1 - 7, 2002, throughout this great All-America City, as COMMUNITY DEVELOPMENT WEEK. Given under our hands and the Seal of the City of Roanoke this first day of April in the year two thousand and two. Mary F. Parker City Clerk Ralph K. Smith Mayor 428 C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL February 19, 2002 The Council of the City of Roanoke met in regular session on Tuesday, February 19, 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, 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 William H. Carder, William White, Sr., W. Alvin Hudson, Jr., William D. Bestpitch, C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith .................................................................................................. 7. ABSENT:None ...................................................................................... 0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, CityAttorney; Jesse A. Hall, Director of Finance; and Mary F. Parker, City Clerk. The meeting was opened with a prayer by Father Peter E. Papanikolaou, Holy Trinity Greek Orthodox Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: ACTS OF ACKNOWLEDGEMENT-SISTER CITIES: The Mayor welcomed the Youth Chinese Opera. He advised that the troupe recently honored engagements in Denver and Chicago and will perform on Thursday, February 21, 2002, in Shaftman Performance Hall at the City's Jefferson Center. He stated that the fact that this group of young people have chosen to come to Roanoke speaks a great deal about Roanoke's Sister Cities Program, and expressed appreciation to Pearl Fu, Chair, Lijang Sister City Committee, for her assistance in bringing the troupe to the City of Roanoke. On behalf of the Members of Council, the Mayor presented each member of the troupe with an Honorary Citizen Certificate and presented Chen, Jung Hsing, Principal, National Taiwan Junior College of Performing Arts, with a gold star which is symbolic of the Star on Mill Mountain. 429 PROCLAMATIONS-HABITAT FOR HUMANITY: The Mayor presented a proclamation declaring March 1- 2, 2002, as Habitat for Humanity Days in the City of Roanoke. 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. He called specific attention to a communication from the City Manager requesting a Closed Meeting to discuss a matter of disposition of publicly held real property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950) as amended. Ms. Wyatt moved that Consent Agenda Item C-3 with regard to the qualification of Ralph K. Smith as a Commissioner of the Hotel Roanoke Conference Center Commission and Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare Board of Directors, be removed from the Consent Agenda for separate discussion. The motion was seconded by Mr. Bestpitch and adopted. MINUTES: Minutes of the regular meetings of Council held on Monday, December 17, 2002; Monday, January 7, 2002; and an extract of the regular meeting held on Tuesday, January 22, 2002, were before the body. Ms. Wyatt moved that Council dispense with the reading of the minutes and that the minutes be approved as recorded. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................ 7. NAYS: None ......................................................................................... 0. CITY MANAGER-CITY COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for 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, was before the body. 430 Ms. Wyatt moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for 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. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................ 7. NAYS: None ......................................................................................... 0. REGULAR AGENDA HOTEL ROANOKE CONFERENCE CENTER-BLUE HEALTHCARE-OATHS OF OFFICE-COMMITTEES: The qualification were before Council: RIDGE BEHAVIORAL following reports of Ralph K. Smith as a member of the Hotel Roanoke Conference Center Commission, to fill the unexpired term of James D. Grisso, resigned, commencing February 1, 2002, and ending April 12, 2004; and Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2004. Ms. Wyatt moved that the reports of qualification be tabled. The motion was seconded by Mr. Bestpitch and adopted, Mayor Smith voted no. PUBLIC HEARINGS: None. PETITIONS AND COMMUNICATIONS: BUDGET-YOUTH-WEST END CENTER-GRANTS: Kaye Hale, Executive Director, West End Center for Youth, advised that the West End Center is grateful for the City's past support; however, she addressed revisions to the Community Development Block Grant (CDBG) policy awards by the City of Roanoke and the affect on local human service organizations. 431 She stated that competition for and acquisition of funds by local non-profit organizations are areas of concern; most private community based organizations such as the West End Center receive only small amounts (five to ten per cent) of public funds, with little or no State or Federal support; and community-based organizations have no additional affiliation, therefore, it is difficult to compete for dollars on the national level, which makes it even more crucial that they at least maintain the level of municipal support they currently receive. She stated that currently there are two pools of municipal funding that human service agencies can apply for; i.e.: CDBG and Consolidated Human Services; from this point forward, CDBG will fund only seed programs or new programs; a large amount of funding applied for by the West End Center is seed money, therefore, where would the West End Center acquire funds to continue those operating programs that have a proven track record without having to create programs to chase the funding steam. She further stated that 90 per cent of West End Center funding comes from private local sources; replacing the $27,000.00 that the West End Center receives from CDBG funds will be a huge undertaking; and many organizations have taken steps backward in view of the national crisis and the downturn in the economy. Ms. Hale requested that Council consider the possibility of increasing the amount of dollars substantially through the Consolidated Human Services Grant, or creating another revenue stream to keep municipal funding at or greater than current levels for local organizations with a proven track record. Dr. Cheri W. Hartman, Director of Teen Outreach, Family Service of Roanoke Valley, advised that child care has recently been prioritized by the City of Roanoke in its Human Resources Grant application process. She inquired as to how well the City can fund this priority, not just in relation to other Human Services demands, but in the context of the General Fund budget; whereupon, she requested that Council carefully re-evaluate how much of the City's overall budget is available for meeting the needs of children. She advised that recently the City took a stand to strictly enforce the seed money intentions of CDBG funds and the City is trying to be faithful to the intent of CDBG allocations; however, this approach can undermine ongoing, effective programs that are currently in place to assist Roanoke's children. She stated that any time the "wheel is reinvented", or time is allowed for something new to be created, precious resources will be wasted and Roanoke's children will be sacrificed. She further stated that the City of Roanoke needs an alternate resource to support ongoing, effective, long lasting children's programs if CDBG funds are not intended to be a source of support for vitally needed long term efforts that benefit Roanoke's children. 432 Dr. Hartman pointed out that several after school programs currently depend on CDBG monies, such as Hurt Park Magic Place and the West End Center. She inquired as to what will happen when this seed money is withheld from these various after school programs, and advised that the result will be fewer children will be served unless an alternative means of funding is provided for families who cannot afford fees for child care. Mr. Bestpitch advised that he supports the changes to CDBG policy which were a positive step in the right direction. However, he noted that both speakers have identified an important issue that if CDBG funds are dedicated for certain uses, money should be identified in the General Fund budget to increase the Human Services budget so that the City can do its part in terms of ongoing operational support for these types of programs. He encouraged the City Manager, as Council prepares to meet in fiscal year 2002-03 budget study, to review the amount of support that has been provided in the past from CDBG funds to such organizations to determine the dollar amount increase which will be necessary in the Human Services budget to insure that ongoing support is available to cultural and human service agencies. Ms. Wyatt concurred in the remarks of Mr. Bestpitch; whereupon, Council Members Bestpitch and Wyatt requested that the City Manager provide Council with the following information at its Financial Planning Session to be held on Friday, March 8, 2002: The amount of funds provided by the City through Community Development Block Grant funds for certain programs that have a demonstrated history of success; i.e.: the West End Center, the Presbyterian Center, Hurt Park Magic Place, TOP Program, etc., compared with the amount of funds that will be needed to increase the human services budget to insure ongoing support of such programs. How much would the admissions tax have to be increased, city-wide, for all venues, excluding City operated facilities, in order to generate additional revenues for human and cultural service organizations? Mr. White advised that three things could happen; i.e.: increase a tax, re- engineer or reallocate funds, or cut a program. He stated that the appropriate action would be to refer the questions to fiscal year 2002-03 budget study for discussion; whereupon, he moved that the matter be referred to fiscal year 2002-03 budget study. The motion was seconded by Mr. Hudson. 433 Ms. Wyatt requested a point of clarification and advised that she and Mr. Bestpitch previously requested that the Council be provided with the above referenced information at its March 8 Financial Planning Session and inquired if Mr. White would consider including the request in his motion. Mr. White advised that traditionally, financial planning has encompassed long term types of financial and capital needs, as opposed to operating issues which are discussed during budget study sessions. However, he stated that he would not be opposed to receiving the information requested by Council Members Bestpitch and Wyatt at the March 8 Financial Planning Session. The motion was revised to provide that the matter will be referred to the Council's March 8, 2002 Financial Planning Session and to fiscal year 2002-03 budget study for discussion, and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: ARMORY/STADIUM-ROANOKE CIVIC CENTER-CONSULTANTS REPORTS: The City Manager submitted a communication advising that at its meeting on August 6, 2001, Council adopted a resolution authorizing design and construction of a new stadium/amphitheater to be constructed at a site across from the Roanoke Civic Center, at a total project cost of $18 million, which will primarily be funded through the sale of $16.2 million of Series 2002 General Obligation Public Improvement Bonds; in October 2001, a Request for Proposals to solicit professional architectural and engineering design services was publicly advertised, and the City received qualification proposals from seven design teams; and a seven- member selection committee composed of four Roanoke citizens: (Jim Burks, Calvin Johnson, Maryellen Goodlatte, and Brian Shepard), a member of the City School Administration Office (Richard Kelley, Assistant Superintendent for Operations) and two City-staff (Jim Evans, Director of Civic Facilities, and Phil Schirmer, City Engineer) short-listed the following consultants and subconsultants for interviews: HKS Inc. (HKS Sport) and SFCS Inc. Moseley Harris & McClintock and HOK Sport Rosser, International, Inc./Hayes Seay Mattern & Mattern, Inc. Spectrum Design and Heery International, Inc. 434 It was further advised that following interviews, Rosser International, Inc., was selected as best qualified to provide the required services for the proposed project; and, in addition to all normal architectural/engineering design and construction phase services, the services will include a traffic planning study of major roads and intersections in the vicinity of the stadium-amphitheater and the Civic Center, provision of an operations consultant, acoustical design, food service and graphics design services for a lump sum fee of $1,250,000.00. The City Manager recommended that she be authorized to execute a contract for consultant services with Rosser International, Inc., in the amount of $1,250,000.00, said contract to be approved as to form by the City Attorney. Mr. Bestpitch offered the following resolution: (#35750-021902) A RESOLUTION authorizing a contract with Rosser International, Inc., for architectural/engineering design and construction phase services, which will include a traffic planning study of major roads and intersections in the vicinity of the stadium-amphitheater and Civic Center, provision of an operations consultant, acoustical design, food service and graphics design services and related work for the Stadium-Amphitheater Complex Project. (For full text of Resolution, see Resolution Book No. 65, page 427.) Mr. Bestpitch moved the adoption of Resolution No. 35750-021902. The motion was seconded by Mr. Carder. Mr. Hudson requested that the City Manager identify all consultants that submitted proposals including fee information; whereupon, the City Manager explained that the process is not an issue of Iow bid or procurement of goods and services where the lowest responsible bidder is selected, but a professional services contract in which the fee is negotiable. Although such information is not routinely provided to the Council, she advised that it is available and will be forthcoming. Vice-Mayor Carder advised that the selection of Rosser International, Inc., was an open process through a committee that was appointed by the City Manager, and the committee recommended Rosser International, Inc., as the firm to design architectural/engineering and construction phase services for the stadium/amphitheater complex. 435 The City Attorney was requested to respond to the process that was followed in recommending the selection of Rosser International; whereupon, he advised that the process, known as competitive negotiation, is required by the Virginia Public Procurement Act and the City Procurement Ordinance. He stated that professional services are not put out for bids for a dollar amount, the idea being that since they are professional services, a request for proposals is prepared listing qualifications and various criteria for proposers to submit for evaluation by a committee charged with that responsibility. He explained that the request for proposals must set out the criteria by which the proposals are to be evaluated and states that cost is not to be a part of the proposal, cost is not addressed until respondents are short listed and ranked, and the City is required to open negotiations with the top ranked proposers and reach a dollar figure for a contract within the amount of funds previously authorized by the City. He further stated that only if the parties are unable to work out a contract that is satisfactory to the governing body through negotiation does the process proceed to the next ranked proposer which is the usual practice followed by the City. The Mayor stated that he could not support the motion because it appears that all City contracts regarding the civic center and stadium/amphitheater project have been awarded to Rosser International. He added that he was less than impressed with the presentations Rosser International provided on the various concepts for Victory Stadium, therefore, he lost confidence in the firm. He advised that he was not making accusations as to any improprieties, he understands the selection process and the fact that the City is not required to go to public bid, however, there is a perception that the same firm always seems to be the best firm, and there is a perception that the "old boy network" is in place. In the future, he suggested that when considerable sums of taxpayers' money is to be spent, the City should engage in a more open process to avoid the perception that the City sends all of its civic center and stadium/amphitheater business to the same firm. Mr. Bestpitch advised that all Members of Council had more than 18 months to be involved in the process, because it was known prior to July 1, 2000, that the issue of a stadium/amphitheater for the City of Roanoke had been on the docket for quite some time. He explained that the various proposals presented by Rosser International to Council in the past in regard to designs for the potential stadium/amphitheater have been in response to requests by Members of Council who offered various suggestions, therefore, Rosser International responded with specific proposals. He stated that to suggest at this point that Roanoke's citizens would be better served, or that the City's budget would be better served by engaging the services of a consultant who is not familiar with the background or did not participate in previous discussions, would be a poor way to conduct City business. 436 The City Manager clarified that inasmuch as there was concern regarding bias, the process was more open than has typically been the case and a number of citizens were invited to participate in the selection process, which out numbered the number of professional staff on both the City side and the School Board side. She stated that the School Board participated in the selection process because the stadium will be a large part of its plans for public education, therefore, the City administration tried to be as open as possible throughout the process and to involve community input by persons who are not recipients of presentations on various models. She explained that when the short list was created of four firms, each of the four firms was given one hour to make a presentation to the panel that included all of their ideas regarding the stadium/amphitheater at a defined general site which enabled the panel to assess their creativity and approach to solving the issue. Resolution No.35750-021902 was adopted by the following vote: AYES: Council Members Carder, White, Bestpitch, Harris and Wyatt ............. 5. NAYS: Council Member Hudson and Mayor Smith ....................................... -2. TRAFFIC-STREET LIGHTS-BUDGET-SIGNALS AND ALARMS-EQUIPMENT- STREETS AND ALLEYS: The City Manager submitted a communication advising that the intersection of Williamson Road and Hildebrand Road was identified in the 1997 bond referendum as a location for which traffic signalization would be implemented; design has been completed and the project has been bid with The Richardson- Wayland Electrical Corporation submitting the Iow bid, in the amount of $47,844.00, and 60 consecutive calendar days for construction; funding in the amount of $52,600.00 is needed for the project and additional funds that exceed the contract amount will be used for miscellaneous project expenses, including advertising, prints, test services, minor variations in bid quantities and unforeseen project expenses. The City Manager recommended that Council accept the bid of The Richardson-Wayland Electrical Corporation, in the amount of $47,844.00, with 60 consecutive calendar days of contract time; and authorize the Director of Finance to transfer $52,600.00 from Public Improvement Bonds - Series 1999, Account No. 008-052-9709-9191, to a new account to be entitled, Signalization of Williamson Road/Hildebrand Road; and reject all other bids receiVed by the City. Mr. White offered the following emergency budget ordinance: 437 (#35751-021902) 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 428.) Mr. White moved the adoption of Ordinance No. 35751-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ........................................................................................... 7. NAYS: None ............................................................................................ -0. Mr. White offered the following ordinance: (#35752-021902) AN ORDINANCE accepting the bid of The Richardson- Wayland Electrical Corporation for the signalization of Williamson Road and Hildebrand Road, 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 dispensing with the second reading of this ordinance. (For full text of Ordinance, see Ordinance Book No. 65, page 429.) Mr. White moved the adoption of Ordinance No. 35752-021902. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None .......................................................................................... -0. BUDGET-FIRE DEPARTMENT-EMERGENCY MEDICAL SERVICES- EQUIPMENT-CMERP: The City Manager submitted a communication advising that the Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace one 1500 GPM fire engine with water tower for the Fire- EMS Department; whereupon, the City Manager recommended that Council appropriate Retained Earnings, in the amount of $429,767.00, to Account No. 017- 440-2642-9010, and accept the bid of Kovatch Mobile Equipment Corporation, at a total cost of $429,767.00; and reject all other bids received by the City. 438 Mr. Harris offered the following emergency budget ordinance: (#35753-021902) 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, page 430.) Mr. Harris moved the adoption of Ordinance No. 35753-021902. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................ -0. Mr. Harris offered the following resolution: (#35754-021902) A RESOLUTION accepting the bid of Kovatch Mobile Equipment Corporation for the purchase of one new fire 1500 GPM fire engine with water tower, upon certain terms and conditions; and rejecting all other bids made for such item. (For full text of Resolution, see Resolution Book No. 65, page 431.) Mr. Harris moved the adoption of Resolution No. 35754-021902. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................. 0. POLICE DEPARTMENT-DEPARTMENT OF TECHNOLOGY: The City Manager submitted a communication advising that the City wishes to enter into a contractual agreement with a provider of Virginia State Certified Incident Based Reporting software and software services for the following: A client based Incident Based Reporting system to be run on Panasonic CF-28 computers in the City's Police Patrol vehicles. 439 Develop or assist in the development of both front and backend interfaces to the IBR client application. Assist in the implementation of the system and create utilities that further the functionality of the system. It was further advised that although the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in procuring the above services; and the experience, qualifications, and references of firms that can provide the above listed services are of equal, if not greater, importance than the cost. It was pointed out that the Code of the City of Roanoke (1979) as ame~.ded, provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation;" prior approval by Council is necessary before the alternate method may be used and this method will allow for negotiations with two or more providers to determine the best qualified at the most competitive price or rate. The City Manager recommended that Council authorize the use of competitive negotiation as the method to secure vendors to provide appropriate services. Mr. Carder offered the following resolution: (#35755-021902) A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of Virginia State Certified Incident Based Reporting software and software services; and documenting the basis for this determination. (For full text of Resolution, see Resolution Book No. 65, page 432.) Mr. Carder moved the adoption of Resolution No. 35755-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ......................................................................................... -0. 440 POLICE DEPARTMENT-BUDGET-GRANTS: The City Manager submitted a communication advising that the Virginia Department of Criminal Justice Services (DCJS) provides grant funding for programs and activities which increase the apprehension, prosecution, and adjudication of persons committing violent crimes against women; the program, "Virginia Services, Training, Officers, Prosecution" (VSTOP), Violence Against Women, has funded the establishment of a Domestic Violence Unit within the Roanoke Police Department since 1999; on December 17, 2001, DCJS awarded the Police Department $27,003.00 to employ a full time, non- sworn, Domestic Violence Specialist, thereby allowing continuation of the Domestic Violence Unit in calendar year 2002; the required City in-kind match ($21,915.00)will be met through salary paid to current Police Department personnel; the required cash match of $7,116.00 will be met through Federal Asset Forfeiture Funds, Account No. 035-640-3304 ($5,441.00) and the Police Department Budget, Account Nos. 001-640-3112-2030 ($1,012.00) and 001-640-3112-2044 ($663.00); the Domestic Violence Unit collects and interprets relevant domestic violence offense data which allows proactive case intervention and cultivation of the cooperative working relationships with clients and service/adjudication agencies; and the program produces more equitable victim-offender criminal justice dispositions related to domestic violence offenses. The City Manager recommended that Council accept the V-STOP grant of $27,003.00, and authorize execution of grant agreements related to said grant; appropriate $34,119.00 (State Funds plus local cash match) to V-STOP grant program accounts to be established by the Director of Finance; and transfer local match funding of $1,675.00 from Police Department operating accounts to the Grant Account; establish a revenue estimate of $27,003.00 and a local match estimate of $7,116.00 in Grant Fund revenue accounts, with the in-kind portion to be tracked but not appropriated. Mr. Hudson offered the following emergency budget ordinance: (#35756-021902) 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 433.) Mr. Hudson moved the adoption of Ordinance No. 35756-021902. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................... -0. 441 Mr. Carder offered the following resolution: (#35757-021902) A RESOLUTION accepting the Virginia Services, Training, Officers, Prosecution (VSTOP) Violence Against Women Grant offer made to the City by the Virginia Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. (For full text of Resolution, see Resolution Book No. 65, page 434.) Mr. Carder moved the adoption of Resolution No. 35757-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt, and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................... -0. Ms. Wyatt requested that the City Manager provide a more in-depth report on the V-STOP Grant. STREET LIGHTS-AMERICAN ELECTRIC POWER-STREETS AND ALLEYS: The City Manager submitted a communication advising that the rates that Appalachian Power Company (sometimes d/b/a American Electric Power) ("APCo") charges to the City of Roanoke for electric service are favorable governmental rates established by contract; historically, the City of Roanoke has participated with other local governments through the Virginia Municipal League (VML) and the Virginia Association of Counties (VACo) in sponsoring a Steering Committee to negotiate governmental electric power rate contracts every three years; in the past, these contracts have included all three components of retail electric service; i.e.: generation, transmission, and distribution; and Roanoke's current electric rate contract with APCo expires on June 30, 2002, and the street lighting contract expires on December 31, 2002. It was further advised that ordinarily, a new local government contract for the time period after June 30, 2002, would be negotiated and presented to Council for approval; however, in 1999, the General Assembly adopted the Virginia Electric Utility Restructuring Act ("Act") which theoretically granted customers a choice as to the provider of the generation element of their electric service; under the Act, the other two components of service, transmission and distribution, will continue to be provided by APCo under the existing rate procedure; due, in part, to a proceeding in the Federal Energy Regulation Commission resulting from APCo's attempt to restructure its generating capacity and price computations under the Act, a Steering 442 Committee has negotiated a settlement agreement dated December 18, 2001, whereby APCo has agreed to provide public authorities with the following three options: (1) terminate the current contracts on June 30, 2002, (2) extend the contracts at scheduled rates to December 31, 2003, pursuant to an offer dated February 12, 2001, or (3) extend the current contracts through June 30, 2007, at rates contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement schedules then on file and approved by the Virginia State Corporation Commission (SCC) and extend street light service at rates in effect July 1, 2000, but subject to changes in the fuel factor; and provided that Option (3) is conditioned upon the governmental unit so electing and notifying APCo of its election within 90 days of December 18, 2001, that it has chosen APCo to provide generation service through June 30, 2007, that it will not choose a different supplier prior to such date, and it will not request the SCC to determine rates and provisions for default service different from that provided under its contract, as amended by Option (3). It was noted that the settlement agreement dated December 18, 2001, is subject to certain conditions, including approval by the SCC, and in the event these conditions are not met, the agreement would terminate and expire as of December 31, 2003. It was advised that currently available information suggests that during the period of July 1, 2002, through June 30, 2007, there will be no open market competition for APCo in the City's service area and there will be no other source practicably available to supply electricity service and delivery thereof and to supply street lighting service for the entire needs of the City of Roanoke at established rates for such service as negotiated by the Steering Committee; according to the Steering Committee, APCo's generation rate structure is one of the lowest in the country; in a January 10, 2002, memorandum to members of the Steering Committee from counsel, it was noted that APCo has conducted a pilot program whereby APCo's retail customers could select an alternative service provider for generation service, however, no customer switched to an alternative provider during the entire time of the program; in addition, a January 18, 2002, report by GDS Associates, Inc., a consultant retained by the Steering Committee to evaluate the reasonableness of APCo's settlement proposal, concluded that competitive retail market prices available to public authorities for the generation component of electric service are likely to be at least 50 per cent higher than the charges for comparable service under the proposed settlement agreement; and in addition, the Steering Committee has informed public authorities that market prices for electricity in the next five to seven years are likely to be extremely volatile which will make budgeting extremely difficult. 443 It was stated that the Steering Committee has recommended that all jurisdictions in the APCo service area elect option (3) to extend contracts from June 30, 2002, through June 30, 2007, including street light contracts, at the rates and subject to conditions as set forth in the settlement agreement; and in accordance with terms of the proposed settlement, a governing body electing option (3) must do so by resolution or ordinance and notify APCo through the Steering Committee's counsel no later than March 18, 2002. The City Manager recommended that Council authorize the following: Determine that APCo is the only source practicably available to provide the electric rate and street lighting services set forth above; Accept the offer of APCo to extend its current contract for electric service on a bundled basis from July 1, 2002 through June 30, 2007, as set forth in the settlement agreement, and as agreed to and recommended by the Steering Committee, and also to extend the City's street lighting contract through June 30, 2007; Agree that in accordance with the conditions in APCo's offer that Council has chosen APCo to provide generation service through June 30, 2007, Council will not choose a different supplier prior to such date, and Council will not request the State Corporation Commission to determine rates and provisions for default service different from that provided in the contracts, as amended and extended as set forth above; Authorize the City Manager to execute and deliver on behalf of the City all documents, in a form approved by the City Attorney, and take such further action as shall be deemed appropriate or necessary to carry out the foregoing actions; Direct the City Clerk to notify APCo of the aforesaid election and agreement by transmitting a copy to counsel for the Committee, Howard W. Dobbins, 1021 East Cary Street, P. O. Box 1320, Richmond, Virginia, who is authorized to deliver same to APCo. Mr. White offered the following resolution: 444 (#35758-021902) A RESOLUTION determining that Appalachian Power Company (sometimes d/b/a American Electric Power) is the only source practicably available to provide electric service at established rates to the City and for providing street lighting service to the City for the period from July 1, 2002, through June 30, 2007, and authorizing an extension of the City's current contracts for such services, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 65, page 436.) Mr. White moved the adoption of Resolution No. 35758-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ......................................................................................... 0. As requested by a Member of Council, the City Manager addressed the matter of replacement of street lights. She advised that under the existing contract, AEP clearly has responsibility for street light maintenance, which it views as a contract issue, therefore, AEP has been diligent in keeping the City informed as to progress. CITY CLERK: COMMITTEES-SCHOOLS: The City Clerk submitted a written report advising that on June 30, 2002, the three-year terms of office of Charles W. Day and Brian J. Wishneff as Trustees of the Roanoke City School Board will expire; Mr. Day is ineligible to serve another term inasmuch as he has served three consecutive three- year terms of office; and pursuant to Chapter 9, Education., of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Trustees, Council must hold certain meetings and take certain actions during the months of March, April and May to conform with the selection process; therefore, she requested the concurrence of Council in establishing the following dates: On Monday, March 18 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council as a Committee of the Whole, will review and consider all candidates for the position of School Trustee. At such meeting, Council shall review all applications filed for the position and Council may elect to interview candidates for such positions. 445 On Monday, April 1 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will, by public vote, select from the field of candidates, those candidates to be accorded the formal interview and all other candidates will be eliminated from the School Trustee selection process. The number of candidates to be granted the interview shall not exceed three times the number of positions available on the Roanoke City School Board, should there be so many candidates. On Monday, April 15 at 7:00 p.m., or as soon thereafter as the matter may be heard, Council will hold a public hearing to receive the views of citizens. On Thursday, April 18 at 4:30 p.m., Council will hold a meeting for the purpose of conducting a public interview of candidates for the position of School Trustee. On Monday, May 6 at 2:00 p.m., or as soon thereafter as the matter may be heard, Council will hold an election to fill the two vacancies for terms commencing July 1, 2002, and ending June 30, 2005. Mr. Carder moved that Council concur in the above referenced dates. The motion was seconded by Mr. Bestpitch and unanimously adopted. DIRECTOR OF FINANCE: BUDGET-HOUSING/AUTHORITY-GRANTS: The Director of Finance submitted a written report advising that by agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant program; the Housing Authority receives program income during the course of its administration of various projects through the sale of land and the receipt of loan repayments from project area residents; the Housing Authority is required to transfer program income to the City of Roanoke and the City is required to use the income for eligible community development activities; the Housing Authority has made payments to the City in the amount of $83,830.00 from May 16, 2001, to January 31, 2002, in excess of revenue estimates previously adopted; and of this amount, $29,600.00 resulted from parking lot rental and $54,230.00 from various loan repayment programs. 446 It was further advised that the City of Roanoke has received the following miscellaneous program income, which amounts represent the difference between what was actually received and the amount that was previously adopted, based on repayment estimates: $44,620.00 from Hotel Roanoke, L.L.C. for loan repayment and interest on the $6,000,000.00 Section 108 loan from the U. S. Department of Housing and Urban Development. During FY02, Hotel Roanoke made payment totaling $65,320.00; $1,022.00 in various loan repayments and $5,646.00 in demolition revenue; and $70,008.00 from the Williamson Road Parking Garage, which was constructed in part using CDBG funds. The Director of Finance recommended that Council appropriate $206,116.00 in unanticipated CDBG program income as follows: Unprogrammed CDBG - Other - FY01 Unprogrammed CDBG - RRHA - FY01 Unprogrammed CDBG - Section 108 Loan Repayment - FY02 Unprogrammed CDBG - Other - FY02 Unprogrammed CDBG - RRHA - FY02 (035-G01-0140-5189) (035-G01-0140-5197) (035-G02-0240-5188) (035-G02-0240-5189) (035-G02-0240-5197) $ 6,668.00 7,265.00 44,620.00 70,998.00 76,565.00 The Director of Finance noted that the Housing Authority also administers a segment of the City's HOME program, with assistance provided by the Housing Authority predominantly in the form of Iow- or no-interest active and deferred loans to eligible homeowners and homebuyers; loan repayments constitute program income to the City's HOME program; and as of January 31, 2002, loan repayments received in excess of the budget estimate equal $21,535.00. The Director of Finance recommended that Council appropriate $21,535.00 in unanticipated HOME program income as follows: Unprogrammed HOME - FY02 Unprogrammed HOME - FY02 (035-090 -5324-5320) (035-090-5323-5320) $19,634.00 1,901.00 Mr. Harris offered the following emergency budget ordinance: 447 (#35759-021902) 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 439.) Mr. Harris moved the adoption of Ordinance No. 35759-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ............................................................................................ -0. REPORTS OF COMMITTEES: BUDGET-SCHOOLS: A communication from the Roanoke City School Board requesting that Council approve the following appropriations, was before the body. $210,695.00 from the Capital Maintenance and Equipment Replacement Fund to provide funds for music instrument replacement, administrative technology equipment, replacement of school buses, facility maintenance equipment, the relocation of modular units,physical education equipment, and handicap access. $1,500.00 for the Special Education Assistive Technology program to provide funds for the purchase of equipment and software to assist students with disabilities. This continuing program will be reimbursed 100 per cent by Federal funds. $20,188.00 for the Special Education Capacity Building (Sliver) program to provide funds to assist the division in providing direct services and in making systemic change to improve results for children with disabilities. This continuing program will be reimbursed 100 per cent by Federal funds. $2,608.00 for the Jobs for Virginia Graduates program to serve at least 25 economically disadvantaged students, providing classroom training and work experience to assist the students to prepare for high school graduation or to sit for the General Education Development (GED) examination. This continuing program is funded from Federal funds. 448 $7,500.00 for the Expanded GED Testing Services program to establish a satellite GED test center at the Virginia Employment Commission and expand the testing services in the Roanoke City testing area. This continuing program will be reimbursed 100 per cent by State funds. $1,274.00 for the Advanced Placement (AP) Test program to reimburse part or all of the cost of fees for the 2002 AP test for Iow-income students who take the test. This is a new State funded grant. The Director of Finance recommended that Council concur in the request of the School Board. Mr. Bestpitch offered the following emergency budget ordinance: (#35760-021902) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and School Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 442.) Mr. Bestpitch moved the adoption of Ordinance No. 35760-021902. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Carder, White, Hudson, Bestpitch, Harris, Wyatt and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................... -0. UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: None. AND CONSIDERATION OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: 449 REFUSE COLLECTION: Council Member White addressed the issue of litter in the City of Roanoke. He advised that in his travels throughout the City, the litter problem is again surfacing and requested that the City Manager review the City's efforts to control litter. He stated that he has been an advocate of involving citizens in the City's efforts to address the litter situation by developing a comprehensive program to involve young people, senior citizens, and visitors to the community; whereupon, he encouraged the City Manager to review efforts to bring forth a partnership. REFUSE COLLECTION: Mr. Hudson followed up on Mr. White's earlier comments regarding litter, and referred to the Mud Lick Road neighborhood which had excessive amounts of litter on the street during the early part of the preceding week. He suggested that the City Manager encourage refuse collection employees to be more careful when emptying refuse containers. The City Manager explained that there was a major wind event last week which created a considerable amount of litter, staff was asked to pick up debris which caused a delay in the refuse collection schedule, and whenever there is a major wind event, litter problems will occur. WATER RESOURCES: Council Member Wyatt called attention to water that was flowing down her street early this morning that had frozen over night. Specifically, during this period of water conservation, she inquired about establishing a water hot line which would enable citizens to report water issues/concerns, and encouraged refuse collection and public safety personnel to report water situations as they are observed during the course of their work day. The City Manager advised that such calls are taken on the City's E-911 number and the City's central exchange, 853-2000, which number rolls over to the Dispatch Center after hours for emergency calls. Therefore, she expressed concern with regard to adding another number for citizens to remember. She explained that stand-by crews are available to address emergency situations after regular work hours. CIVIC CENTER-CITY CHARTER-LEGISLATION-COUNCIL: Council Member Bestpitch referred to comments made by the Mayor in his Commentary which appeared in The Roanoke Times on February 11,2002, regarding the importance of opening debate in serving the best interests of Roanoke's citizens. In that spirit, he advised that he was extremely troubled by much of the remainder of the Commentary, specifically in reference to those City Charter amendments that Council requested its delegation to the General Assembly to introduce. He noted that the Mayor stated that Council wished to enact a law that would supercede state law; however, Mr. Bestpitch advised that no member of Council believes that Council 45O was trying to do that or could do that. In reference to the issue of carrying concealed weapons, he explained that Council was not trying to do anything because City Council has had that authority for quite some time. He referred to Section 2, Subsection 18 of the City Charter, which addresses the ability of Council to regulate or prohibit various dangerous materials and activities, the ability to regulate or prohibit the use of candles and lights in barns, stables and other buildings, the making of bon fires and the carrying of concealed weapons. Therefore, he noted that it was a clear mis-representation of the facts to suggest to the public that Council wanted to enact a law in regard to concealed weapons. As background information, Mr. Bestpitch explained that a City Charter Bill was introduced at the General Assembly last year in which Council was not trying to make any change to the above referenced section of the City Charter, a call was received at the last minute from the patron's office advising that Council needed to make a decision right away about deleting the concealed weapon power or pull the bill, and since Council had not had any opportunity to discuss the issue, the decision was made to request that the bill be pulled for discussion during the coming year. He further explained that Council requested that the City Charter Bill be reintroduced at the 2002 Session of the General Assembly. He advised that the majority of Council felt that since the State sees fits to give localities few enough powers, it would not set a good precedent for the City to voluntarily request that one of its powers be taken away. He stated that apparently that was not a good enough decision for the Mayor, therefore, he took steps to insure that the entire Charter bill would be killed. He added that another surprise was the Mayor's comments that the City's legislative package contained two particular items that he was adamantly against, when on February 4 the Mayor stated in public session of the Council that he had not engaged in conversation with anyone in Richmond regarding the admissions tax issue, but he did have conversation with members of the General Assembly regarding the City Charter Bill. Seven days later, Mr. Bestpitch advised that he was surprised to read in the Mayor's Commentary that there were two items he was adamantly against: (1) the admissions tax, and (2) the City Charter amendments. He stated that the Mayor is correct about the importance of open debate and that which is in the best interest of Roanoke's citizens. Therefore, in that spirit, Mr. Bestpitch moved that effective immediately, all open meetings of the Roanoke City Council held in the City Council Chamber will be televised in their entirety, including the Hearing of Citizens Upon Public Matters section of the agenda. The motion was seconded by Mr. Harris. 451 Mr. White advised that he supports the motion, but the remarks leading up to the motion were inappropriate. He stated that the incidents regarding the defeat of the admissions tax and the City Charter bill could be better addressed by speaking with the Mayor privately. Mr. Hudson stated that he, too supports the motion; however, disagreements with the Mayor should be addressed in private. The motion offered by Mr. Bestpitch, seconded by Mr. Harris, was adopted, Mayor Smith voted no. Vice-Mayor Carder advised that public input was being stifled by not televising the City Council meeting in its entirety. He called attention to the level of input that an item receives by Council Members, citizens, community organizations and boards and commissions before the item is addressed or acted upon at a City Council meeting. He noted that the City recently completed a comprehensive plan process that was one of the most open and inclusive processes in the history of the City of Roanoke; whereupon, he commended the Council, the City Manager and staff on their efforts to be as inclusive as possible by soliciting the input of citizens well in advance of City Council meetings. He stated that it is hoped that the input Council Members receive at City Council meetings represent only a small portion of the input received by Council before an informed decision is made at a City Council meeting. The Mayor advised that he would like to address two issues: i.e.: the Council procedure and his Commentary in The Roanoke Times on February 11 as referenced by Council Member Bestpitch. He stated that during a Council retreat, the facilitator suggested that those persons who are grandstanding are quite often grandstanding to be on television and if that portion of the Council meeting was not televised, there would be less grandstanding, therefore, Council chose to accept the facilitator's advice. He stated that some of the highest paid department managers employed by the City; i.e.:, the City Manager, City Attorney, Director of Finance and City Clerk are required to sit through the grandstanding and the amount of time that they are required to spend in City Council meetings takes away from the time they can devote to the duties of their respective offices. He stated that the new procedure has resulted in enhanced dialogue between Council Members and citizens, and the news media continues to cover City Council meetings, even when RVTV coverage of the meeting has ended. With regard to those statements made by Council Member Bestpitch, the Mayor encouraged all citizens to read the Commentary in its entirety and judge for themselves if mis-statements were made. He stated that the door to the Mayor's Office is always open to any person who has a concern. 452 WATER RESOURCES: As a water conservation tip, the Mayor encouraged citizens to repair leaking water faucets and toilet flush tanks. CITY MANAGER COMMENTS: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that 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 response, recommendation or report to council. FIRE DEPARTMENT: Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that many citizens appearing before Council are not grandstanding, but addressing issues that they consider to be pertinent to their neighborhoods. She requested clarification with regard to the closing of fire stations, and referred to a statement made by Fire Chief James Grigsby that the Fire/EMS department will become more efficient and more cost effective by closing Fire/EMS Station No. 12 and constructing three strategically located stations, which goal would be accomplished by consolidating Fire/EMS Station Nos. 1 and 3 into a flag ship station that will also house Fire/EMS administrative offices. She advised that Fire/EMS Station Nos. 5 and 9 are to be consolidated into a multi-purpose facility and a new Fire/EMS Station 10 is to be constructed off Airport Road; the Fire Chief also states that Fire Station Nos. 3, 5 and 9 will be closed and three stations in northwest Roanoke will be strategically located. She stated that No. 12 Fire Station on Salem Turnpike is closed, Fire Station No. 1 in downtown Roanoke will be turned into a fire/rescue museum, Fire Station Nos. 5 and 9 will be razed and the plan calls for construction of a new fire/ems station at Williamson Road. She advised that the statement of the Fire Chief is misleading when he says that three new fire stations will be constructed in northwest Roanoke, especially in view of the three stations that will be closed in predominantly minority communities. She stated that fire stations are serious matters, and the City's founding fathers knew what they were doing when they constructed fire stations in these locations. She advised that the Fire Chief has stated that he met with 20 neighborhood groups; however, there are three neighborhood organizations in her community and no meetings were held in the Gainsboro area. She expressed concern with regard to the number of buildings that are razed by the City of Roanoke in the predominantly black community. 453 WATER RESOURCES: Mr. Donald W. Hussey, 1612 Shamrock Road, N. W., presented information with regard to water conservation, and offered the following suggestions: "Make creating and saving water sources the City's first priority. Do what it takes to clean up Crystal Spring and do it immediately. This has been put off far too long. Drill new wells at Carvins Cove to get the water that has seeped into the ground. Pipe in water from river sources for manufacturing uses not needing purified water from Carvins Cove and Spring Hollow. Strongly enforce anti-pollution laws for rivers and streams; impose heavy fines on polluters and force them to clean up the pollution immediately. Seek out ideas for water conservation from other localities in drought situations. Check out well-digging businesses for possible new water sites they may have encountered. Get the public sector involved in water conservation through school projects, brain-storming meetings, newspaper articles with suggestions by readers, etc. Discontinue camping, hiking, hunting and fishing in the surrounding woods while in this severe drought. Cigarettes and campfires in dry woods are a no - no. Out of doom activities can be put on hold. We do not need to use our scarce water supply to put out fires. River water should be used whenever possible to put out fires in our woods. If necessary, put a limit on household water use, according to family size. If the limit is exceeded, impose a fine. Apply for disaster relief, if possible, from the United States government to help develop new sources of water." Mr. Hussey also presented information on urban water conservation tips, home water saving tips, and finding and fixing leaks. 454 WATER RESOURCES- FIRE DEPARTMENT: The City Manager advised that it is important that all citizens be mindful of water usage, as well as inappropriate use of water through leaking faucets, etc. She encouraged City staff and citizells to report water leakage, regardless of the magnitude. In response to Ms. Davis' previous remarks, the City Manager advised that it was her understanding that Ms. Davis was present at many of the meetings held by Fire Chief Grigsby on the fire station issue; however, given the concerns of Ms. Davis, she will ask the Fire Chief to schedule a meeting in the Gainsboro area. At 4:15 p.m., the Mayor declared the meeting in recess for one closed session. At 4:50 p.m., the meeting reconvened in the City Council Chamber, with Mayor Smith presiding, and Council Member White, Hudson and Wyatt in attendance. COUNCIL: With respect to the Closed Meeting just concluded, MrWhite 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 bywhich any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members White, Hudson, Wyatt, and Mayor Smith ................ -4. NAYS: None ......................................................................................... -0. (Council Members Carder, Bestpitch and Harris were not present when the vote was recorded.) At 4:55, the Mayor declared the meeting in recess to be reconvened at 5:00 p.m., in the Emergency Operations Center Conference Room, Room 159, for a joint meeting of City Council and the City Planning Commission. The Council meeting reconvened at 5:00 p.m., for a joint meeting of Council and the City Planning Commission in Room 159, Emergency Operations Center Conference Room, with Mayor Ralph K. Smith and Planning Commission Chair, Robert B. Manetta, presiding. COUNCIL MEMBERS PRESENT: William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith .................................................................................................. 7. 455 CITY PLANNING COMMISSION MEMBERS PRESENT: Gilbert E. Butler, Jr., S. Wayne Campbell, D. Kent Chrisman, Alfred T. Dowe, Jr., Melvin L. Hill, Richard A. Rife and Chairman Robert B. Manetta .................................................................. 7. Following dinner, the business session convened at 5:20 p.m. ANNUAL REPORTS-PLANNING-ZONING: Chairman Manetta presented the Annual Report of the City Planning Commission for the year 2001, advising that the Commission officially met 15 times to consider the following items: 27 requests to rezone property or amend proffered conditions; Ten street and/or alley closure requests; Seven amendments to the City's Zoning Ordinance; Three public facility naming requests (1 bridge and 2 parks); One comprehensive development plan review for the Roanoke Academy for Math and Science; Two reviews of public facilities for conformity with the Comprehensive Plan (South Jefferson Redevelopment Plan and Roanoke Academy for Math and Science); and One amendment to the Comprehensive Plan (Melrose-Rugby Neighborhood Plan). Mr. Manetta further advised that the major effort of the Planning Commission and staff last year centered around adoption of a new City Comprehensive Plan, Vision 2001-2020; and development of the Plan was a primary work effort for the Commission and Planning staff, which included over 50 evening meetings, numerous reviews and revisions of the document, coordination of six task teams, a 44-member Citizens Advisory Committee, and several presentations to other boards, civic groups and City Council. He stated that neighborhood plans were initiated for Peters Creek North, Belmont-Fallon, Gainsboro, Old Southwest, Southern Hills, Melrose-Rugby, and Downtown (Outlook Roanoke Update); two of the plans have been completed and adopted, with the remaining plans near completion for a public hearing and adoption by the Planning Commission; and, in addition to the plan, a major amendment of the City's Zoning Ordinance to include a new zoning district-Institutional Planned Unit Development District (INPUD) was recommended by the Planning Commission and adopted by City Council. Mr. Manetta further stated that the Planning Commission met with City Council to review and recommend the South Jefferson Redevelopment Plan, one of the City's newest economic development initiatives with the Roanoke Redevelopment and Housing Authority; the Planning Commission's major goal for 2002 is implementation of the Comprehensive Plan through the revision of the City's Zoning 456 Ordinance, which was adopted in 1987; the Planning Commission's Ordinance and Names Committee will be active in the review of the new ordinance, as well as a citizen committee; and in addition to the Zoning Ordinance, the Commission will also be involved in the adoption of several neighborhood plans during 2002 and will continue to monitor progress in implementing initiatives and strategies set forth in Vision 2001-2020. The Chairman pointed out that Planning Commission members are particularly interested in pursuing initiatives relating to new housing development, village centers, redevelopment of underutilized commercial and industrial areas, and integration of city design principles for new development; and the Commission held a total of 12 regular and three special meetings during 2001. Following presentation of the report, the Mayor called upon Members of Council for comments; whereupon, Council Member Harris referred his remarks to the City Manager with the request that staff be careful when phrasing words in supporting documents that are forwarded to Council for consideration. He referenced a request for a historic designation for the Grandin Road area, whereby the Comprehensive Plan was cited and quoted. He stated that business owners in the area were confused and inquired as to whether or not the application was supporting a historic district similar to Old Southwest, or the downtown area which is a zoning overlay. He added that he assured Grandin Road property owners that the City was simply supporting the Grandin Road application for recognition of historic structures. In summary, Mr. Harris reiterated that inconsistent language can sometimes create misunderstandings and therefore language should be clear and concise. Council Member Harris raised a question with regard to what action Council was being requested to take at its 7:00 p.m. session relative to the Outlook Roanoke Plan. He inquired if Council was being asked to adopt the Outlook Roanoke Plan as an addendum to the Comprehensive Plan, and thereafter, endorse each recommendation in the Plan, or if there was a way to formally receive the Plan as a planning document, and at a later date, review and consider each item individually. He mentioned that Members of Council had expressed concern regarding three items in the Outlook Roanoke Plan and asked if staff could clarify the issues surrounding those items. 457 The City Manager stated that she viewed the Outlook Roanoke Plan as a planning document for staff to proceed with defining the cost and implementation schedule for specific elements to be developed and submitted to Council for approval. She stated that adoption of the Plan, or elements thereof by Council, would direct staff to begin additional work. The City Attorney advised that adoption of the Plan would provide a legal status, however, if there are concerns with regard to certain portions of the Plan, Council may want to approve the Plan in principle only. Council Member Wyatt expressed concern with regard to three issues contained in the Outlook Roanoke Plan; i.e.: extension of Bullitt Avenue through Elmwood Park, the location of the Main Library, and the opening of the Pedestrian/Vehicular Bridge. She asked if the Outlook Roanoke Plan could be received as a guideline, or if the document could be adopted minus the three issues in question. Vice-Mayor Carder expressed frustration concerning adoption of the Plan since Council has held only two work sessions, and the City Planning Commission unanimously recommended adoption of the Plan. Council Member Bestpitch stated that it was important that Council not make a decision regarding the extension of Bullitt Avenue through Elmwood Park without, at the same time, making a decision concerning the Main Library. He further stated that Council may not proceed with both projects at the same time, but at least if a decision to extend Bullitt Avenue is made, it is within the context of a larger plan that says the Library will be relocated out of Elmwood Park and that a location has been identified. Mayor Smith commented that the Outlook Roanoke Plan was delivered with good intentions, and suggested that it be received as a guideline. He stated that he was in favor of the Plan as proposed and would abide by the wishes of Council. Council Member Harris expressed appreciation for the indepth discussion during the work session. He clarified that he did not have any objection to voting for the Outlook Roanoke Plan, with the understanding that those items above mentioned would be brought to Council for funding and/or approval at a later date. The City Manager pointed out that the matter could be referred back to the City Planning Commission, or Council could take no action at its 7:00 p.m. session, and schedule further work sessions to discuss the three issues of concern. 458 Mr. Hudson expressed concern that if the three items (Bullitt Avenue, the Main Library and the Pedestrian/Vehicular Bridge) were left in the Plan and it was changed at a later date, the credibility of Council would be lost; therefore, the Outlook Roanoke Plan should be referred back to the City Planning Commission for further study, or to fiscal year 2002-2003 budget study. Vice-Mayor Carder suggested that Council receive public input at its 7:00 p.m., public hearing and take no action, with the intent to receive additional input on the three issues of concern. There being no further discussion, it was the consensus of Council to receive public comment at the 7:00 p.m. Council session, to receive additional input on the above referenced three issues, and to vote on the Outlook Roanoke Plan at a later date. ZONING: The Chairman advised that revisions to the current Zoning Ordinance are underway, a consultant has been selected; and the importance of adopting a new ordinance to address issues set forth in the amended Comprehensive Plan. Council MemberWyatt requested that Council receive periodic briefings on the status of the Zoning Ordinance process. The City Manager stressed the importance of input by the Members of Council to the City Planning Commission with regard to issues that need to be addressed. There being no further business, the Mayor declared the Council meeting in recess at 6:35 p.m., to be reconvened at 7:00 p.m., in the City Council Chamber. On Tuesday, February 19, 2002, at 7:00 p.m., the Roanoke City Council reconvened in regular session in the 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 William H. Carder, W. Alvin Hudson, Jr., William D. Bestpitch, C. Nelson Harris, Linda F. Wyatt and Mayor Ralph K. Smith .... 6. ABSENT:Council Member William White, Sr. - ............................................. 1. 459 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 Council Member C. Nelson Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PUBLIC HEARINGS: COMMUNITY PLANNING: Pursuant to action by Council, the City Clerk having advertised a public hearing for Tuesday, February 19, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider an amendment of Vision 2001- 2020, the adopted Comprehensive Plan for the City of Roanoke, Virginia, dated August 20, 2001, to include the Outlook Roanoke Update, an updated development plan for downtown Roanoke, the matter was before the body. Legal advertisement of the public hearing was published in The Roanoke Times on Thursday, February 14, 2002, and in The Roanoke Tribune on Thursday, February 14, 2002. Mr. Bestpitch offered the following resolution: "A RESOLUTION amending Vision 2001-2020, the City's adopted comprehensive plan, to include Outlook Roanoke Update as an element of the comprehensive plan." Mr. Bestpitch moved the adoption of the resolution. The motion was seconded by Mr. Carder. Robert B. Manetta, Chair, City Planning Commission, advised that the purpose of the Outlook Roanoke Plan is to provide a framework for prioritizing and coordinating development programs and planning activities in the downtown area; and the Plan identified several priorities that are categorized into five initiative areas and opportunities: Elmwood Park Initiative (park enhancement, library alternatives, new development opportunities). 460 Church Avenue Initiative (Jefferson and Church development opportunities, Williamson and Church development opportunities, Church Avenue development opportunities.) E-Town Initiative (Warehouse Row, Campbell Avenue and other development opportunities). Market Initiative (City Market area development opportunities). Jefferson Center Initiative (Jefferson Center area development opportunities). He advised that the Plan recommends implementation of these development initiatives when two or more individual components are ready to move forward; and the Plan also identifies market strategies for economic development, residential development and retail/entertainment; the economic development strategy recommends marketing the variety of amenities in the downtown; the residential strategy recommends the targeting of market-rate housing in the downtown through adaptive re-use of existing buildings and new construction; and the retail/entertainment strategy encourages the expansion of specialty retail and dining opportunities. He noted that the Outlook Roanoke Plan further recommends infrastructure and traffic improvements designed to encourage connectivity within the downtown and beyond to adjacent neighborhoods as well as the region (i.e. greenways); and Vision 2001 - 2020 Comprehensive Plan recommends that the City adopt neighborhood plans for all neighborhoods, with the downtown area considered to be one of the City's neighborhoods. The City Planning Commission recommended that Council amend Vision 2001-2020, the City's Adopted Comprehensive Plan, to include the Outlook Roanoke Update, as an element of the Plan. The Mayor inquired if there were persons present who would like to address Council in connection with the matter; whereupon, Steven Lemon, 2505 Cornwallis Avenue, S. E., Chair, Economic Development Committee and Treasurer of Downtown Roanoke, Inc., advised that Downtown Roanoke, Inc., has been an integral part of the planning process for creation of the Outlook Roanoke Update, and expressed appreciation to all persons who were involved in the process. He stated that the Board of Directors of Downtown Roanoke, Inc., adopted a resolution in support of the final plan document and encourages favorable consideration by Council of the Outlook Roanoke Update. 461 Mr. E. Duane Howard, 508 Walnut Avenue, S. W., requested that Council consider the issue of Bullitt Avenue extension and that Council hold a public hearing on the matter. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Co-Chair, Dr. Martin Luther King Jr. Memorial Selection Committee, advised that a recommendation of the committee was submitted to the City Manager which included Justice Square and Freedom Walk and it is hoped that these recommendations will take place in a portion of Elmwood Park. She advised that the Mill Mountain Greenway, which extends from the City Market area toward Mill Mountain, is proposed to go through Elmwood Park and it was the vision of the Dr. Martin Luther King Jr. Committee that Freedom Walk would highlight the significant events of Roanoke's civil rights era. She advised that the Justice Park recommendation has been refined and Justice Park can be located at an appropriate location in the City. She stated that the City of Roanoke is and should be open for business, but Roanoke is no longer a farmer's market economy, because its economy is local, national and international, and Roanoke should be perceived as a City that is inclusive of all people of all races, religions and creed. There being no further speakers, Mr. Harris advised that Council engaged in considerable discussion regarding the matter at its 5:00 p.m. joint session with the City Planning Commission. He called attention to a number of significant issues contained in the Outlook Roanoke Update in which Council Members requested specific work sessions, some of which involve significant budgetary implications. Therefore, he stated that its 5:00 p.m. session, it was the consensus of Council to receive the Outlook Roanoke Plan, and engage in future work sessions and budget review. ( See pages ? And ?) Mr. Harris offered a substitute motion that action on the above referenced resolution be tabled. The motion was seconded by Mr. Hudson and unanimously adopted. The Mayor declared the public hearing closed. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that 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 response, recommendation or report to Council. 462 COMPLAINTS: Mr. Robert Gravely, 1617 Hanover Avenue, N. W., expressed concern with regard to the overall condition of the City of Roanoke; i.e.: the City's vision does not include disadvantaged and minority citizens, the City supports the affluent and outside business interests, and the City of Roanoke supports downtown Roanoke as opposed to other parts of the City. COMPLAINTS- CITY COUNCIL: Mr. E. Duane Howard, 508 Walnut Avenue, S. W., spoke with regard to the action taken by Council at its 2:00 p.m. session in regard to reinstating RVTV coverage of the City Council meeting in its entirety. He stated that citizens will continue to lobby City Council to reinstate citizen comments under the Petitions and Communications section of the Council agenda. There being no further business, the Mayor declared the meeting adjourned at 7:25 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor C-1 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL March 4, 2002 The Council of the City of Roanoke met in regular session on Monday, March 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 Meetin~ls, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ....................................................................... -4. ABSENT: Council Members W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt ................................................................................................... 3. OFFICERS PRESENT: Elizabeth K. Dillon, Assistant City Attorney; and Mary F. Parker, City Clerk. COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council 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, 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. Harris and adopted by the following vote: AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4. NAYS: None ............................................................................................ -0. (Council Members Hudson, White and Wyatt were absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to disposition of publicly-owned property, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4. NAYS: None ............................................................................................. 0. (Council Members Hudson, White and Wyatt were absent.) PURCHASE/SALE OF PROPERTY-CITY MANAGER-COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to 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, was before the body. Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to 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. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4. NAYS: None ............................................................................................. 0. (Council Members Hudson, White and Wyatt were absent.) CITY MANAGER-ECONOMIC DEVELOPMENT-COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to expansion of an existing business where no previous announcement of the interest of the business in expanding its facilities in the City have been made, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950), as amended, was before the body. Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to expansion of an existing business where no previous announcement of the interest of the business in expanding its facilities in the City have been made, pursuant to Section 2.2-3711 (A)(5), Code of Virginia (1950), as amended. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Bestpitch, Carder and Mayor Smith ............ -4. NAYS: None ............................................................................................ -0. (Council Members Hudson, White and Wyatt were absent.) At 12:17 p.m., the Mayor declared the meeting in recess to be immediately reconvened in Room 159, Noel C. Taylor Municipal Building, for a briefing on the "Unity Fountain." At 12:25 p.m., the Council meeting reconvened in Room 159, with all Members of the Council in attendance except Ms. Wyatt, Mayor Smith presiding. In addition to the Assistant City Attorney and the City Clerk, the City Manager and Director of Finance were present. UNITY SCULPTURE: The City Manager introduced a briefing on the "Unity Sculpture", a proposal submitted by the National Conference for Community and Justice, Roanoke Chapter (NCC J). She advised that NCCJ is interested in placing a sculpture at the far end of First Union Plaza on City owned property; however, before engaging in fund raising efforts, the NCCJ would like the endorsement of Council regarding a specific location prior to approaching potential donors. The following is background information on the proposed sculpture. Roanoke sculptor, Judith R. Damon, has been interested in using art to promote better understanding between different cultures as a pathway to world peace. She feels strongly that children will lead the way to peace, since they are instinctively "color blind" and accepting of other children on a non-judgmental basis. In May 1996, Ms. Damon conceived the idea of a sculpture that would celebrate world peace and international understanding by depicting children from different countries and continents joining hands and dancing around a world globe. The idea became a three dimensional reality as she created a small model which she kept on display in her studio at the original Studios on The Square. In 1999, an American who was living in Germany and serving on the Board of Directors of a new International School in the Czeck Republic, visited Ms. Damon's studio and identified the sculpture as a piece of art that could serve as a center piece for the new campus they were about to construct, thus, the Townshend School named the sculpture "World Embracing", and decided against a solid globe in lieu of an open armillary globe. The artist arranged to work in a vacant store at Towers Shopping Center where Roanokers were allowed to observe her work, and some of the most frequently heard comments as people viewed the sculpture being created had to do with expressions of regret that the sculpture was not going to be installed in the Roanoke area. In the fall of 2001, a Roanoke native, Nancy Eitner, approached sculptor Damon to inquire if it was possible to have a copy of the bronze sculpture made for Roanoke and offered her service to coordinate fund- raising. It was at this point that the National Conference for Community and Justice was asked to be official sponsors of the project. The NCCJ views the sculpture as its permanent gift to the City, symbolizing the unity in diversity that NCCJ has worked to promote in the Roanoke Valley, and, in that spirit, the NCCJ renamed the work the 'Unity Fountain", with the goal to use the dedication of the fountain as the center piece of the 2003 "Local Colors" Celebration. In seeking a proper location for the "Unity Sculpture", it is felt that with the City's approval, a position at the far end of the area now known as "First Union Plaza" would be ideal for several reasons. The grassy plot adjacent to the Market area is the site of many local events, which would provide numerous people with the opportunity to see the sculpture and to receive its "message". The location is just outside the building housing the entrance to the overhead walkway to The Hotel Roanoke. As such, it is far enough out of the way so as not to interfere with any activity in the plaza, but is in a perfect position to serve as a "welcome" to visitors coming downtown from the hotel. The site is adjacent to the new rail walk and would be across the street from the proposed new IMAX Theater. The sculpture would become a unique "photo opportunity" for visitors and locals alike. It is believed that the "Unity Sculpture" will serve as a beautiful, inspiring and lasting enhancement to the City of Roanoke for generations to come and if the "Unity Sculpture" is approved, the most appropriate name for its location would be, "Unity Plaza", thus tying into the purpose of the sculpture while eliminating the present commercial reference. 4 The National Conference for Community and Justice requests that Council approve the gift of the "Unity Sculpture" to the City of Roanoke, to be located as indicated in a diagram filed with the City. No request for funds is made of the City of Roanoke, since all funds required to have the sculpture cast, shipped and installed will be raised privately. Wanda B. Reed, Acting Director, Department of Parks and Recreation, advised that when the request of the NCCJ to place the sculpture in the First Union Plaza was first reviewed, there was a concern with regard to the" Dog Mouth" fountain which is located in the same general area and has been a part of downtown Roanoke for a number of years. She stated that the original design was to be a fountain that was later changed to a sculpture which will be a gift to the City of Roanoke at no cost to the City. Pearl Fu, Multi-Cultural Program Specialist, NCCJ, spoke in support of the sculpture. She called attention to discussions with Roanoke Valley Sister Cities officials, Robert Roth, President, and David K. Lisk, Executive Director, who advised that there will be no conflict between the "Unity Sculpture" and the "Sister Cities Sculpture". Discussion centered around the following topics: The Architectural Review Board and the Roanoke Arts Commission would have to review the proposal and it is anticipated that both reviews could occur within the next 30 days. The proximity of the proposed second First Union Tower to the proposed "Unity Sculpture". The City Manager should review the proposed site, along with other potential sites throughout the City, to determine if the First Union Plaza is the most appropriate location. Coordination of timing with other projects such as the Dr. Martin Luther King, Jr. Memorial and other pending City projects. Citizen input should be sought on both design and location of the "Unity Sculpture". The City Manager advised that a review by the Architectural Review Board and the Roanoke Arts Commission could bring forth other potential sites, and it is anticipated that a report will be submitted to Council within the next 30-45 days. At 12:55 p.m., the Mayor declared the meeting in recess to be immediately reconvened in Closed Session in the City Council's Conference Room, located adjacent to the City Council Chamber. At 1:50 p.m., the meeting reconvened in the City Council Chamber, with Mayor Smith presiding and all Members of the Council in attendance, except Ms. Wyatt. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch 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. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder and Mayor Smith ...................................................................................................... 5. NAYS: None ........................................................................................... -0. (Council Member White was not present when the vote was recorded.) (Council Member Wyatt was absent.) OATHS OF OFFICE-HOTEL ROANOKE CONFERENCE CENTER COMMISSION- COMMITTEES-BLUE RIDGE BEHAVIOR HEALTHCARE: Council at its meeting on Tuesday, February 19, 2002, having tabled reports of qualification of Ralph K. Smith as a member of the Hotel Roanoke Conference Center Commission to fill'the unexpired term of James D. Grisso, resigned, commencing February 1, 2002, and ending April 12, 2004; and Delores Y. Johns as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2004, Mr. Harris moved that the reports of qualifications be removed from the table. The motion was seconded by Mr. Bestpitch and adopted. Mr. Harris moved that Council approve the appointment of Ralph K. Smith as a Commissioner of the Hotel Roanoke Conference Center Commission for a term ending April 12, 2004; and the reappointment of Dolores Y. Johns as a member of the Blue Ridge Behavioral Healthcare, Board of Directors, for a term ending December 31, 2004. The motion was seconded by Mr. Carder and adopted. OATHS OF OFFICE-LIBRARIES: The Mayor advised that there is a vacancy on the Roanoke Public Library Board created by the resignation of Eugene Wirt, Jr., for a term ending June 30, 2002, and called for nominations to fill the vacancy. Vice-Mayor Carder placed in nomination the name of Stanley G. Breakell. There being no further nominations, Mr. Breakell was appointed as a member of the Roanoke Public Library Board to fill the unexpired term of Eugene Wirt, Jr., resigned, ending June 30, 2002, by the following vote: FOR MR. BREAKELL: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith .................................................................................... -6. (Council Member Wyatt was absent.) At 1:55 p.m., the Mayor declared the meeting in recess to be reconvened at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, March 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., C. Nelson Harris, William D. Bestpitch, William H. Carder, William White, Sr. and Mayor Ralph K. Smith .................................................................................................. 6. ABSENT: Council Member Linda F. Wyatt ................................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; Elizabeth K. Dillon, Assistant 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 Tupper Garden, Pastor, Raleigh Court Presbyterian Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS AND ACKNOWLEDGEMENTS: PROCLAMATIONS: The Mayor presented a proclamation declaring the month of March 2002 as National Nutrition Month. CONSENT AGENDA 7 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 meeting of Council held on Tuesday, January 22, 2002, were before the body. Mr. Bestpitch moved that Council dispense with the reading of the minutes and that the minutes be approved as recorded. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White, and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ -0. (Council Member Wyatt was absent.) PURCHASE/SALE OF PROPERTY: A communication from the City Manager advising that the City of Roanoke owns property located on Nelms Lane, N. E., identified as Official Tax No. 7400500; an adjacent property owner has contacted the City regarding the purchase of the property; it has been determined that there is no real benefit in City ownership of the parcel of land; and in correspondence dated February 11,2002, the adjacent property owner has offered to purchase the property for $500.00 which is the current assessed value, was before Council. The City Manager recommended that Council authorize scheduling and advertisement of a public hearing to consider the transfer of said property. Mr. Bestpitch moved that Council concur in the request of the City Manager. The motion was seconded by Mr. Carder and adopted by the following vote. AYES: Council Members Hudson, Harris, Bestpitch, Carder, White, and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ -0. (Council Member Wyatt was absent.) (A public hearing was advertised for Monday, March 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard.) ZONING-ARMORY/STADIUM: A communication from the City Manager advising that in May 2001, Council authorized the City Manager to acquire property across Orange Avenue from the Roanoke Civic Center for the new multi-purpose stadium/amphitheatre; properties for the facility have been acquired, with the exception of one parcel of land on which discussions are continuing (Official Tax No. 3070319); an architect has been selected and the City is proceeding with design and development of the complex, was before Council. It was further advised that current zoning of most of the subject properties is LM, Light Manufacturing District, which does not provide for a stadium/amphitheatre facility; a few parcels of land are zoned C-2, General Commercial District, which could permit a stadium facility; therefore, rezoning of the property to C-3, Central Business District, is recommended; and the existing Civic Center, a companion facility, is zoned C-3 and will provide additional parking for the new facility. It was explained that the City's Comprehensive Plan, Vision 2001-2020, recommends that Roanoke develop, maintain and manage recreation facilities that enhance the City and the region's quality of life; and the plan also recommends the redevelopment of underutilized industrial sites and continued investment in the downtown to serve the region's central business district with opportunities for downtown living, office space, retail and cultural and entertainment attractions. The City Manager recommended that she be authorized to file a petition to rezone property described as Official Tax Nos. 3070301-3070310, inclusive, 3070313-3070316, inclusive, 2041816 and 2041817, from LM, Light Manufacturing District, to C-3, Central Business District, and Official Tax No. 3070501 and 3070318 from C-2, General Commercial District, to C-3, Central Business District, with said rezoning petition to include Official Tax No. 3070319, now under negotiation, pending agreement and signature of the property owners. Mr. Bestpitch moved that Council concur in recommendation of the City Manager. The motion was second by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White, and Mayor Smith ............................................................................................... 6. NAYS: None ........................................................................................... -0. (Council Member Wyatt was absent.) (See page 19.) AIRPORT-OATHS OF OFFICE-COMMITTEES-TOWING CONTRACT: The following reports of qualification were before Council: Harold F. Wallick as a member of the Towing Advisory Board to fill the unexpired term of Sergeant C. A. Karr, resigned, ending June 30, 2003; and; Claude N. Smith as a member of the Roanoke Regional Airport Commission for a term ending March 9, 2006. Mr. Bestpitch moved that the reports of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White, and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................. 0. (Council Member Wyatt was absent.) REGULAR AGENDA PUBLIC HEARINGS: None. PETITIONS AND COMMUNICATIONS: BUDGET-YOUTH: Council Member Harris presented a communication transmitting information on the Roanoke Adolescent Health Partnership (RAHP) and its services to youth. He advised that the Partnership provides an excellent and needed program in the community and called attention to difficulties that the program faces with regard to funding. He noted that as the program has neared the end of its funding cycles for grants, money to support the program has dramatically decreased; with the decreased income, the Partnership has had to decrease direct care hours; for the current school year, clinic service hours have been reduced from 28 hours at each school site to 16 hours at Patrick Henry High School, 20 hours at William Fleming High School and Ruffner Middle School and from 20 to eight hours at Hurt Park Elementary School. He noted that this reduction in staff and direct care hours comes when the demand for those services has not been reduced; and in short, clinics continue to see the same amount of students compressed into less time with less staff. Mr. Harris presented a needs package that was prepared by the RAHP that could be used by Council and staff during budget study deliberations. He noted that the Partnership has presented various options ranging from $25,000.00 to $55,000.00; their request is primarily for a funded position to seek grant and other funding mechanisms, as well as to establish the relationship necessary to conduct third-party billing when appropriate. He stated that realistically, part-time nurses and clerks cannot be expected to find the time necessary to do the work when managing a full-time caseload, and it is believed that the clinics can be put on more solid fiscal footing if a third party billing system is established. Mr. Harris moved that the matter be referred to fiscal year 2002-03 budget study. The motion was seconded by Mr. Bestpitch and adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: INDUSTRIES-ECONOMIC DEVELOPMENT-RAIL SERVICE-HOUSING/ AUTHORITY-INDUSTRIES-RIVERSIDE CENTER: The City Manager submitted a communication advising that WHPT Co., Inc., a business currently located in the South Jefferson Redevelopment Area (SJRA), is being relocated due to the redevelopment plan; WHPT requires rail siding and has found a site in the City of Roanoke, which site needs upgrades to the rail line that will cost in excess of $135,000.00; WHPT has approached the City of Roanoke to apply, on its behalf, to the Virginia Department of Rail and Public Transportation Railroad Industrial Access Program for funds to help defer a portion of the cost; the application must be filed by the City for the industry and must be accompanied by a resolution from the local governing authority in support of the application; and the City will not incur any monetary obligation to provide any part of the funds. It was further advised that redeveloping the South Jefferson area into the Riverside Centre for Research and Technology is a priority of the City of Roanoke, and must be preceded by the relocation of several businesses in the area; and it is in the best interest of the City to keep WHPT and other displaced businesses from the South Jefferson Redevelopment area in the City of Roanoke. The City Manager recommended that she be authorized to file an application, or other documents, with the Virginia Department of Rail and Public Transportation for the Railroad Industrial Access Program for WHPT Co., Inc., to assist the company in obtaining $60,000.00 in Program funds and to state the City's support for WHPT receiving such Program funds from the state. ]! Mr. Carder offered the following resolution: (#35761-030402) A RESOLUTION authorizing the City Manager to file an application or other documents with the Virginia Department of Rail and Public Transportation forWHPT Co., Inc., for $60,000.00 in Industrial Access Railroad Track Funds and to state the City's support for WHPT receiving such funds. (For full text of Resolution, see Resolution Book No. 65, page 446.) Mr. Carder moved the adoption of Resolution No. 35761-030402. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White, and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ -0. (Council Member Wyatt was absent) BUDGET-GRANTS: The City Manager submitted a communication advising that the concept of a formal grantsmanship program to enhance the level of grant funding received by the City of Roanoke has been considered and evaluated for the past several months; currently, City departments apply for special purpose grants on an as needed basis; and because of limited internal capacity, efforts to research and aggressively seek grant funding opportunities are restricted. It was further advised that a Request for Proposals for the provision of grant writing services was publicly advertised; proposals were received from six firms, with four proposals being compliant with the specifications outlined in the Request for Proposals, which were ranked and interviewed by an internal evaluation committee; and Randall Funding and Development, Inc., ranked first and is the only firm offering a guarantee to secure $1 million in grant funding, provided that the company is authorized to pursue and apply for $3.5 million in funding opportunities. It was further advised that scope of services to be provided by Randall Funding and Development, Inc., includes development of a strategic grant funding plan based on a funding needs analysis, grant funding research, and grant proposal development; a contract term of two years has been agreed upon, at a cost of $25,000.00 retainer fee and $4,000.00 per month, with no additional out-of-pocket expenses; and total funding required for the services is $73,000.00 for the first year and $48,000.00 for the second year. The City Manager explained that in these difficult economic times, it is important to take steps that may enhance the City's available financial resources; there are many areas within the Vision 2001 - Comprehensive Plan that could benefit from grant opportunities that Randall Funding and Development, Inc., would apply for; current projects, such as the Southeast Pilot project, could also be a beneficiary of the services; public safety grant funding may be available due to the President's homeland security initiative; and a funding commitment of $121,000.00 for this service guarantees the receipt of at least $1,000,000.00 in grant funding, for a net gain of $879,000.00 in two years. The City Manager recommended that she be authorized to enter into an agreement with Randall Funding and Development, Inc., in a form approved by the City Attorney, for grant writing services; and that Council authorize the transfer of $121,000.00 from Account No. 001-250-9110-1125 to an account to be established by the Director of Finance in the Capital Projects Fund. Mr. Carder offered the following emergency budget ordinance: (#35762-030402) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 447.) Mr. Carder moved the adoption of Ordinance No. 35762-030402. The motion was seconded by Mr. Harris. Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., inquired as to what type of grant funding that will be requested by the City. She stated that neighborhoods are in peril; the Harrison Museum of African-American Culture has requested additional funds from the City of Roanoke, and the City Manager was requested by the Harrison Museum Board of Directors to assign a City employee to the Harrison Museum for a short time to assist the organization in pursuing grant opportunities; however, both requests were denied. She advised that State funds have been decreased and funding is limited, but before the City Manager's recommendation is approved, citizens should know what type of grant funding will be requested because it is possible that funds being sought and received could be contrary to the City's neighborhoods. Ordinance No. 35762-030402 was adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................. -0 (Council Member Wyatt was absent.) Mr. Carder offered the following resolution: (#35763-030402) A RESOLUTION authorizing execution of a contract with Randall Funding and Development Inc., for grant writing services in order to enhance the level of grant revenue received by the City, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 65, page 449.) Mr. Carder moved the adoption of Resolution No. 35763-030402. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................. 0. (Council Member Wyatt was absent.) PURCHASE/SALE OF PROPERTY-BUDGET-STREETS AND ALLEYS-TRAFFIC- SIGNALS AND ALARMS: The City Manager submitted a communication advising that the proposed realignment and signalization of Riverland Road/Mt. Pleasant Boulevard and Bennington Street will require the acquisition of property rights; design of the project to improve the intersection is sufficiently complete to identify the property rights necessary for construction of the improvements; authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights; and estimated expenses related to acquisition of property are not expected to exceed $50,000.00 which is available in the Roadway Safety Improvement Program capital project, Account No. 008-052-9606. In conjunction with the City Attorney, the .City Manager recommended authorization to acquire all necessary property rights, said property rights may be acquired by negotiation or eminent domain, and may include fee simple, permanent easements, permanent access easements, temporary construction easements, 14 rights-of-way, licenses or permits, etc., subject to a satisfactory environmental site inspection; and that Council approve the transfer of $50,000.00 from Account No. 008-052-9606 to an account to be established by the Director of Finance entitled, "Riverland Road/Mt. Pleasant Boulevard/Bennington Street Intersection Improvements Project ". Mr. Carder offered the following emergency budget ordinance: (#35764-030402) 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 449.) Mr. Carder moved the adoption of Ordinance No. 35764-030402, The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ -0. (Council Member Wyatt was absent.) Mr. Carder offered the following ordinance: (#35765-030402) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Riverland Road/Mt. Pleasant Boulevard/Bennington Street Intersection Improvements Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 65, page 451.) Mr. Carder moved the adoption of Ordinance No. 35765-030402. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................. 0. (Council Member Wyatt was absent.) FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of January 2002. There being no questions and without objection by Council, the Mayor advised that the financial report would be received and filed. BUDGET-BONDS/BOND ISSUES-ROANOKE CIVIC CENTER: The Director of Finance submitted a written report advising that the City's 2002 General Obligation Public Improvement Bonds of $56,245,000.00 have been issued, with proceeds available for appropriation; and several projects have been established and funded from the 2002 General Obligation Bonds in advance of issuance, totaling $12,699,700.00. The Director of Finance presented an ordinance which will transfer $830,000.00 to the Civic Center Fund that was originally transferred to the Capital Projects Fund from the General Fund; the change is made in conjunction with a change made by Council action on January 22, 2002, whereby the amount of bonds issued for the Civic Center project was decreased $830,000.00 and the amount of bonds issued for the Stadium project was increased $830,000.00, which change was made to ensure that all bonds were issued as tax exempt bonds, providing the lowest total interest expense to the City. It was explained that funding of $2.5 million for the Shenandoah Parking Garage was originally appropriated in the Capital Projects Fund; a proposed budget ordinance will also shift this project to the Transportation Fund where the City's parking garages are recorded; and funding from both the Series 2002 Bonds and General Revenues are being transferred. Mr. White offered the following emergency ordinance: (#35766-030402) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Water, Civic Center, Transportation, Capital Project and School Capital Project Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 65, page 452.) Mr. White moved the adoption of Ordinance No. 35766-030402. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ 0. (Council Member Wyatt was absent.) REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION RESOLUTIONS: None. AND CONSIDERATION OF ORDINANCES AND MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: FIRST CITIES COALITION: Mr. Carder offered the following resolution: (#35767-030402) A RESOLUTION highlighting the inadequacies of funds currently received from the Commonwealth of Virginia and supporting the Virginia First Cities Coalition plan of action to address a better financial structure between the State and local government. (For full text of Resolution, see Resolution Book No. 65, page 456.) Mr. Carder moved the adoption of Resolution No. 35767-030402. The motion was seconded by Mr. Bestpitch. Vice-Mayor Carder, one of the City's representatives to the Virginia First Cities Coalition, advised that Council was briefed on February 19, 2002, on certain initiatives of the First Cities Coalition; whereupon, he reviewed the following pertinent paragraphs contained in the above referenced resolution: 1. The Council endorses the efforts of the Virginia First Cities Coalition to cause the state to work collaboratively with the cities to adopt and implement comprehensive structural changes to the intergovernmental relationship and most immediately provide adequate funding for education and transportation and authorizes the City Manager to take such actions as are necessary to support this effort. 2. That the work plan of the Coalition be endorsed. The actions will include: Work with the Governor and his administration to develop an urban strategy that responds to the urban needs of cities by redesigning the state-local relationship to balance service responsibilities with ]7 revenue capacity, and change the tax structure and other revenue controls to recognize new economic opportunities for the state and localities; Work with the Governor and General Assembly to provide adequate State funds to cities for education and transportation programs; Support state legislation that provides the needed local flexibility in the generation of additional revenue for regional transportation improvements and the use of VDOT funds for proper maintenance of urban streets in parity with those in non-urban areas; Implement strategies of public outreach to enhance the public's understanding of the under funding and obtain support for immediate action for reform; and Examine and pursue other appropriate means, up to and including the study of the feasibility of legal redress, if necessary, to seek and obtain adequate funding from the State. The City Manager, who is also a City of Roanoke representative to the Virginia First Cities Coalition, advised that she attended an administrative meeting of the First Cities Coalition approximately ten days ago and it was the consensus of the organization to request the governing bodies of each of the member localities to formally adopt a resolution in support of the above referenced items since it is believed that the outcome of the State's budget will not improve the circumstances of localities but will, in fact, cause circumstances that will need to be addressed in the upcoming budget. She stated that adoption of the resolution by member jurisdictions of the First Cities Coalition will begin to show the strength of localities and identify the need for the Governor and the General Assembly to look more seriously at urban issues. She encouraged adoption of the resolution and advised that there will be another meeting of the First Cities Coalition on March 28, 2002, at which time initiatives, if any, that should be taken prior to the veto session of the General Assembly will be identified. Resolution No. 35767-030402 was adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder, White and Mayor Smith .................................................................................................... 6. NAYS: None ............................................................................................. 0. (Council Member Wyatt was absent.) CITY COUNCIL-CITY EMPLOYEES: Council Member Hudson requested that newly hired City of Roanoke department directors be formally introduced at a City Council meeting. CITY COUNCIL: Council Member Bestpitch moved that citizens wishing to address Council under Item 12, Hearing of Citizens Upon Public Matters, may advise the City Clerk prior to 5:00 p.m., on Tuesday before any regularly scheduled Council meeting, which is the deadline for receipt of agenda items, and their names and topics for discussion will appear on the printed City Council agenda; any citizen who has not advised the City Clerk prior to the agenda deadline of their request to speak will continue to be heard under item 12 by registering with the City Clerk prior to arriving at the item on the agenda, which is the current practice of Council. The motion was seconded by Mr. Harris and adopted. CITY MANAGER COMMENTS: None. HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that 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; and matters requiring referral to the City Manager will be referred immediately for any necessary and appropriate response, recommendation or report to Council. ZONING-ARMORY/STADIUM: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Consent Agenda Item No. C-3 with regard to a recommendation by the City Manager to file a petition to rezone property acquired for the stadium/amphitheater facility, which is to be located on the north side of Orange Avenue, N. E. She inquired if a public hearing has been held to receive citizen input on the location of the proposed stadium/amphitheater facility. Vice-Mayor Carder advised that the procedure for rezoning property involves a public hearing by the City Planning Commission and a public hearing by City Council and citizens may appear before both the Planning Commission and the Council to express their views. At 2:45 p.m., the Mayor declared the meeting in recess for three Closed Sessions. At 3:40 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance except Ms. Wyatt, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch 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. Carder and adopted by the following vote: AYES: Council Members Hudson, Harris, Bestpitch, Carder and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................. 0. (Council Member White was out of the Council Chamber when the vote was recorded.) (Council Member Wyatt was absent.) There being no further business, at 3:42 p.m., the Mayor declared the meeting in recess to be reconvened on Friday, March 8, 2002, at 8:30 a.m., in the Buck Mountain Room, Hotel Roanoke Conference Center, 106 Shenandoah Avenue, N. W., City of Roanoke, at which time Council will conduct its Financial Planning Session. The regular meeting of Roanoke City Council reconvened on Friday, March 8, 2002, at 8:30 a.m., in the Buck Mountain Room, Hotel Roanoke Conference Center, 106 Shenandoah Avenue, N. W., Roanoke, Virginia, with Mayor Ralph K. Smith presiding. COUNCIL MEMBERS PRESENT: W. Alvin Hudson, Jr., C. Nelson Harris, William D. Bestpitch, William H. Carder, William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith .................................................................................................. 7. ABSENT:None ....................................................................................... ~. OTHERS PRESENT: Darlene L. Burcham, City Manager; Elizabeth K. Dillon, Assistant CityAttorney; Jesse A. Hall, Director of Finance; Mary F. Parker, City Clerk; School Trustees: Charles W. Day, Marsha W. Ellison, Gloria P. Manns, Melinda J. Payne, (arrived at 1'1:25 a.m.); E. Wayne Harris, Superintendent; Richard L. Kelley, Superintendent for Operations; Willard N. Claytor, Director of Real Estate Valuation; Troy A. Harmon, Municipal Auditor; George C. Snead, Jr., Assistant City Manager for Operations; Rolanda A. Johnson, Assistant City Manager for Community Development; Ann H. Shawver, Manager of Accounting Services; Barry L. Key, Director of Management and Budget; Sherman M. Stovall, Planning and Support Services Superintendent; Alicia F. Stone, Budget Administrator; Michael T. McEvoy, Director of Utilities; Stephen S. Shirley, Wastewater Manager; Phillip C. Schirmer, City Engineer; Frank E. Baratta, Budget Team Leader; and David A. Diaz, Assistant to the City Manager. BUDGET: The City Manager welcomed School Trustees to the meeting and advised that this is the first time that City Council and the School Board have participated in a Financial Planning Session. She explained that the Financial Planning Session provides Council with an opportunity to review long term and short term budget needs of the City, and the School Board was invited in order to gain a better understanding of the future challenges facing City Council. She advised that the session will provide a building block as staff prepares for fiscal year 2002-03 budget study, and expressed appreciation to all attendees for taking time out of their schedules to participate in the day-long meeting. The Director of Finance advised that timing for the Financial Planning Session is appropriate because the City of Roanoke just completed one of the largest capital bond financings in the history of the City, and a difficult budget year is anticipated. He presented each Member of Council with copy of the City of Roanoke Revenue Compendium which lists a majority of City revenues with a ten year history. Mr. Bestpitch advised that it will be necessary for him to leave the meeting at approximately 11:30 a.m., to attend an out of the city training seminar. The first item of business was a review of the following projects identified to be included in the Capital Improvements Program: Art Museum/IMAX Theater Bridge Renovation Program - Walnut Avenue Building Repairs and Renovations Civic Center Improvement - Phase I Crystal Spring Filter Plant Curb, Gutter and Sidewalk Program High School Renovation - Patrick Henry Neighborhood Storm Drains Parks Master Plan - Phase II Passenger Station Police Building - Phase II Railside Linear Walk - Phase V Riverside Center for Research and Technology Roanoke Academy for Math and Science Roanoke River Greenway Stadium/Amphitheater YMCA Aquatic Center It was advised that the following actions have been taken by Council: City Council Budqet Study for fiscal year 2002: Increased the Cigarette Tax to provide $5.0 million in bond funding for curb, gutter and sidewalk projects. Approved a water rate restructuring plan to provide $5.445 million in bond funding for the Crystal Spring Filter Plant. Approved a financing strategy that increased bond financing for the stadium/amphitheater project to $16.2 million. Approved a $117 million update to the Capital Improvement Program resulting in a five year $384 million program requiring bond financing of $56,245,000.00 in fiscal year 2002 and $36,870,000.00 at a future date. Authorized $700,000.00 in additional local cash funding for the Roanoke Academy for Math and Science project. A chart was reviewed showing fiscal year 2002-06 Capital Improvement Program expenditure percentage by major category; i.e.: storm water management - 15 per cent, streets, sidewalks and bridges - 20 per cent, schools - 16 per cent, civic facilities - 6 per cent, parks - 5 per cent, water - 2 per cent, economic development - 14 per cent, buildings - 4 per cent, and sewer - 18 per cent. Capital Improvement Program Expenditures and Bond Requirements include.: Buildings Economic Development Shenandoah Parking Garage Riverside Center for Research and Technology Parks Schools Roanoke Academy for Math and Science $15.6M 54.2M 2,500,000.00 12,000,000.00 19.2M 59.9M 4,600,000.00 Stormwater Management Roanoke River Flood Reduction 58.2M 7,500,000.00 Streets, Sidewalks & Bridges Curb, Gutter and Sidewalk 77.8M 5,000,000.00 Civic Facilities Fund Civic Center Stadium/Amphitheater Sewer Fund Water Fund Crystal Spring Filtration Plant 21.7M 2,170,000.00 17,030,000.00 69.8M 7.7M 5,445,000.00 TOTAL $ 384.0M It was noted that funding for debt service on financing $56,245,000.00 on bonds will be provided by: $735,000.00 increase in cigarette taxes, $700,000.00 of utility tax revenues dedicated to the Roanoke River Flood Reduction project, designation of $570,000.00 of general revenues in each of the past two fiscal years toward debt service on future bonds; increased civic center revenues resulting from NBDL and SFX events, increased Transportation Fund revenues resulting from parking fees from Shenandoah Parking Garage and increased Water Fund revenues resulting from water rate restructuring. There was discussion with regard to the future financing plan for the $36,870,000.00 General Obligation Bond issue for the next phase of ClP: Art Museum/IMAX Theater High School Facility Improvements Neighborhood Storm Drain Program New Police Building - Phase II Parks Master Plan - Phase II $ 3.7M 17.5M 2.0M 6.67M 7.0M Funding for next bond issue to come from General Fund revenue growth reserved each fiscal year for future debt service. It was noted that the $36.9 million bond issue is anticipated to occur in early calendar year 2004. With regard to the City's bond ratings and bond issuance, it was advised that a team of City staff met with three bond rating agencies in November 2001 to discuss Roanoke's financial status; all three rating agencies retained the City's AA bond rating; and a total of $56.245 million in bonds were sold. $44.245 million in general obligation funds at 4.5 per cent $12 million in qualified redevelopment bonds at 4.75 per cent Discussion ensued regarding new capital projects under consideration by Council: Civic Center - Phase II Fire-EMS Strategic Plan *New Station #1 (Consolidate Stations #1 and #3 *New Station in Melrose Avenue area (Consolidate Stations #5 and #9) *New Station in northern Williamson Road area (Relocate residential component of Airport Station) $ 14,941,020.00 7,310,000.00 TOTAL $ 22,251,020.00 Requests received for additional capital projects include: Boys and Girls Clubs of Roanoke Valley, Inc. *Donation of property plus 30 per cent of construction cost $ 1,650,000.00 Building Condition Assessment Program - Years 1 - 4 Connector Road from Ordway Drive to Frontage Road Dumas Phase II Expansion Project Percent for Art Roanoke Redevelopment & Housing Authority - Low and Middle Income Housing in Washington Park Stormwater Management Projects - Years 1 - 5 Water Pollution Control Plant (City Share) 2,040,000.00 695,000.00 500,000.00 192,701.00 497,500.00 11,000,000.00 17,500,000.00 There was discussion in regard to the above referenced funding requests in which it was noted that such requests should be screened by City staff prior to presentation to Council based on certain established criteria. The City Manager explained that the items represent a public list of all proposals received by the City, she is prepared to make a recommendation to Council at the appropriate time on those projects that should be included in the capital budget for next year, and Council is requested to provide input relative to acceptable project(s), timing, etc. She explained that Council was not being requested to approve the list at this time, but she felt an obligation to advise Council of those requests that have been received by the City to date. Following discussion, it was the consensus of Council that establishment of criteria for organizations submitting funding requests should be the topic of a future Council work session. The following capital Proiect funding options were reviewed: Civic Center - Phase II Total project cost - $14.9 million Amount to be financed - $14.3 million Annual debt service cost - $1,192,264.00 Possible funding sources: *Additional Revenue from Operations *5 per cent Capital Improvements Fee '1.5 per cent increase in Admissions Tax $482,012.00 346,685.00 363,567.00 (6.5 per cent tax rate city-wide - all new revenue would be allocated to fund debt service for this project) Council Member Bestpitch requested information on the total amount of admissions taxes collected for civic center events, non-profit cultural events, and other entertainment venues such as movie theaters, etc. There was discussion in regard to capital project funding options for civic center improvements; whereupon, some Members of Council requested more information prior to voting on the proposed options. Another Member of Council spoke to increasing civic center rental fees, or increasing the price of ticketed events in lieu of raising the admissions tax. The City Manager advised that the proposed increase in the admissions tax at the civic center, only, was intended to place a fee on ticketed events; promoters have indicated their thresholds in terms of what they are willing to pay and there is a concern as to when promoters will choose to take their business to other entertainment venues. She advised that City staff is of the opinion that users of the civic center facility should pay for improvements, and suggested that Council consider requesting the 2003 Session of the Virginia General Assembly to approve the same Admissions Tax bill that was defeated at the 2002 Session of the General Assembly. Other capital project funding options discussed: Fire-EMS Strategic Plan *Project expenditure plan for the three new stations under development - $7.3 million *Cash funding of $800,000.00 available in CIP*New nationwide EMS fee schedule approved by Medicare would generate additional revenue, if adopted by Council, to help fund capital costs (Report to Council planned for March 18) Percent for Art *Cost for current projects suggested by Percent for Art Committee Civic Center- Phase I $ 34,850.00 Crystal Spring Filter Plant 57,851.00 Roanoke Academy for Math and Science 100,000.00 *Funding source - Capital Fund interest earnings *Future projects recommended by Committee Police Building - Phase II Neighborhood Storm Drain Program $ 42,500.00 20,000.00 There was discussion with regard to the intent of the Percent for the Arts Program; whereupon, the City Manager advised that since adoption of Resolution No. 33077-081996 by Council on August 19, 1996, there have been no allocations under the Capital Improvements Program for this purpose. She noted that the Roanoke Arts Commission has recently been energized on the issue and therefore, brought the matter forward. She advised that clarification will be provided for Council before any action is taken pursuant to the program. A presentation was made on debt service and debt policy. Planned debt issuance includes: $36.9 million General Obligation bonds for the next phase of the CIP. $20.5 million in Literary Loans/VPSA Bonds for Patrick Henry High School renovations. $14.3 million General Obligation bonds for Civic Center renovation. $9.6 million VPSA/Literary Loans for Elementary School Improvements. $40 million in General Obligation Bonds and Literary Loans/VPSA Bonds for William Fleming High School. Capital Leases. Future Bond Issuance and Associated Financing Plan -$36,870,000.00 General Obligation Bonds: .$36,870,000.00 General Obligation Bond issue by fiscal year 2004 for next phase of ClP: Art Museum/IMAX Theater High School Facility Improvements Neighborhood Storm Drain Program New Police Building - Phase II Parks Master Plan - Phase II 3.7M 17.5M 2.0M 6.67M 7.0M Funding for next bond issue to come from General Fund revenue growth reserved each fiscal year for future debt service. Future Bond Issuance and Associated Financing Plan - Patrick Henry High School: $20.5 million in VPSA Bonds or Literary Loans will also be issued for the Patrick Henry Project between fiscal year 2005 and 2006 $7.5 million in Literary Loans expected in fiscal year 2005 $13.0 million in VPSA Bonds anticipated in fiscal year 2006 Funding for these bonds/loans will be provided by the Schools. Mr. White inquired about the relationship of City and School funding of debt service during the time that Patrick Henry and William Fleming High Schools were constructed. Future Bond Issuance and Potential Financing Plan -$'14.3 million Civic, Center Bonds: $14,300,000.00 General Obligation Bond Issue in fiscal year 2003 for Civic Center Renovations. 27 Funding for debt service on this bond issue would come from the followin[I sources: 1.5 per cent increase in the Admissions Tax rate city-wide. 5 per cent Capital Improvements fee added to ticket prices for events at Civic Facilities. Net additional revenues from operations. Future Bond Issuance and Associated Financinq Plan - Elementary School Renovations: Literary Loans or VPSA Bonds of $4.8 million in each of fiscal years 2005 and 2006 for elementary school renovations which are to be paid by the Schools. Future Bond Issuance and Associated Financing Plan - $40.0 Million William Fleming Renovation: Debt totaling $40 million will be issued beginning in fiscal year 2007 pertaining to the renovation of William Fleming High School. Assumptions for planning purposes are as follows: *$20.0 million to be issued as fiscal year 2007 general obligation bonds and paid by the City. *$7.5 million Literary Fund Loans issued in fiscal year 2007 and paid by the schools. *$12.5 million in VPSA bonds also in fiscal year 2007 paid by the Schools. Future Issuance of Capital Leases: Capital leases are considered tax supported debt of the City and are typically funded by the General Fund. Anticipated future capital leases are as follow,~: *2002 Capital Equipment Lease - $1,157,500.00 total lease requiring estimated annual debt service of $254,000.00 beginning in fiscal year 2003. *2003 Capital Equipment Lease - additional lease funding for equipment and technology will be considered when developing the fiscal year 2003 CMERP program subject to debt service affordability in fiscal year 2004. Assumptions on Debt and Funding of Debt Service: *Historically, the City has funded debt service on General Obligation Bonds, whether for City or School projects. *The Schools have traditionally funded debt service on VPSA Bonds and Literary Fund Loans. *In analyzing tax burden, all such debt is considered tax supported debt of Roanoke due to vesting of taxing authority in the City. *Generally, debt of Proprietary Funds (Water, Sewer, Civic Center, Parking) is considered self-supporting and excluded from debt burden calculations. *General Obligation and Virginia Public School Authority bonds were amortized using level principal and an interest rate of 6 per cent. *Literary Loans were amortized at an interest rate of 4 per cent. *All debt amortized over 20 years except capital leases. These have 3 to 5 year amortizations. *Transfer to debt service is currently $12.7 million. It grows to $18.1 million in fiscal year 2003 based on funds already allocated for debt service. *Assumed increase in transfer to debt service is an additional $570,000.00 per year in fiscal year 2006, plus funding required for capital leases. Charts were reviewed regarding current and future General Fund debt service, future General Fund debt service and planned transfer to debt service fund, General Fund debt - current and future (City or school projects); School debt - current and future (City or School projects); and future City and School debt service. The following Debt Policies were reviewed: *Non-proprietary general obligation debt service will not exceed 10 per cent of General Fund expenditures. *New bonded debt will not exceed 5 per cent of the assessed value of real estate. Net bonded debt is general obligation debt for the City and School Board, exclusive of Proprietary Fund debt and the amount available in the Debt Service Fund. *Net debt per capita will not exceed $2,000.00. At this point (11:35 a.m.), Council Member Bestpitch left the meeting. There was discussion as to whether or not the $2,000.00 net debt per capita will be adjusted due to inflation; whereupon, the City Manager advised that a recommendation will be presented to Council during fiscal year 2002-03 budget study. Calculations were provided on the ratio of debt service to General and School Fund expenditures (10 per cent); and ratio of net bonded debt to assessed value of real estate (5 per cent); Net bonded debt per capita ($2,000.00) and Debt statistics of certain urban cities. Mr. White requested copy of the debt service policy of the following urban cities: Hampton, Lynchburg, Newport News, Norfolk, Portsmouth and Richmond. Following discussion, itwas the consensus of Council that those jurisdictions participating in the Virginia First Cities Coalition will be used for future comparison/benchmarking purposes by the City of Roanoke. At 12:00 noon, the Mayor declared the meeting in recess for lunch. (Council Member White left the meeting.) 3O The meeting reconvened at 1:10 p.m., in the Buck Mountain Room at the Hotel Roanoke Conference Center, with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Members Bestpitch and White. Staff of the Office of Management and Budget presented information on management of financial resources through strategic planning, including Roanoke's Vision, focus areas and strategic issues, Roanoke Vision Progress report, Comprehensive Plan -Vision 2001, organizational restructuring, annual Citizen survey, departmental Strategic Business Plans and Financial Planning Sessions; and business planning, including the annual budget, monthly and annual financial reporting, Capital Improvement Program, Capital Maintenance and Equipment Replacement Program, financial policies, including Debt Policy and Debt, and Fee and Revenue Compendiums. Office of Management and Budget staff also reviewed the following budget document and budget process benchmarking efforts: *Benchmarking with best practices National Advisory Council on State and Local Budgeting assesses the budget process as to how well it helps to establish broad goals to guide government decision-making, develop approaches to achieve goals, develop a budget consistent with approaches to achieve goals and evaluate performance and make budgetary adjustments. Government Financial Officers Association evaluates the budget document as a communications device, financial plan, operations guide and policy document. Information was provided on the fiscal year 2001 revenue performance compared to the fiscal year 2002 adopted budget. Status of the General Fund as of January 31, 2002, is as follows: *Revenues have increased 2.2 per cent compared to fiscal year 2001 Increase of 4.6 per cent in real estate taxes leads revenue growth, Sales tax down 3 per cent, cigarette and transient increased due to rate changes. Cell phone, admissions taxes also up. Permit rate changes and new fees have generated increased revenues from construction-related fees. 3! Revenues from Commonwealth have increased 2 per cent since fiscal year 2001. *Expenditures have increased 8.7 per cent compared to fiscal year 2001. Largest factor is the single appropriation of CMERP funding designated for capital expenditures during September to simplify the administrative process previously done incrementally during the fiscal year. Salary increases (3.5 per cent), technology costs and community development expenditures also contributed to the increase. General Fund budget Issues for fiscal year 2002: *Reduction in state aid to localities due to revenue shortfall for Commonwealth of Virginia. *$2.0 million in expenditures are being held administratively in fiscal year 2002 to offset a reduction in state aid. *Most significant reduction in state aid in current budget bills affects HB 599 Funds $252,000.00-353,000.00 reduction. Impact of economic slowdown on local taxes. *Continuing public/private investment may help to mitigate this situation. There was discussion with regard to HB 599 in which some Members of Council were of the opinion that the citizens of Roanoke should be advised that by decreasing funds to localities, the Commonwealth of Virginia is, in fact, cutting jobs and Standards of Learning dollars, etc. There was a review of current economic trends which include a weak or fragile economy at the national, state and local levels: the recession has ended with a 2 to 3 per cent economic growth predicted, consumer spending has held up through the recession, business spending is down dramatically, there is a weak job market, and the states' poor fiscal conditions; Iow interest rates, with favorable rates for debt issuance, prime rate at 4.75 per cent (36 year Iow), Iow mortgage rates sustaining housing market, Enron effect-credit tightening for companies, volatile stock markets; and regional competition/regional cooperation through shopping centers and superstores, industrial/research parks, and economic pressure for regional cooperation. A comparison was presented showing that the City of Roanoke leads all Virginia MSA's in 2000 per capita taxable sales at $11,978.00; a list of MSA largest private employers, with Carilion Health System ranking first with 6,236 employees; a 1999 Roanoke City per capita income compared to certain other Virginia cities in which the City of Roanoke ranked second at $25,600.00. Charts were reviewed demonstrating fiscal year 2003 General Fund revenues, fiscal year 2003 local tax revenues; General Fund revenues for fiscal year 2003 in the categories of real estate tax, personal property tax, sales tax, utility tax, BPOL, meals tax, intergovernmental and all other, showing an average 5 year growth totaling 4.4 per cent, a fiscal year 2003 projected total of $192,792,476.00, a fiscal year 2003 projected dollar growth totaling $1,446,379.00 and a fiscal year 2003 projected percentage growth totaling .76 per cent. The most significant state aid reductions for fiscal year 2003 are: ABC/Wine Tax, Recordation Tax, Rental Car Tax and Rolling Stock Tax Constitutional Officers Expense Reimbursement Library Aid HB 599 Law Enforcement Assistance VJCCCA Funding $ 175,000.00 907,000.00 18,000.00 335,000.00 240,000.00 TOTAL REDUCTIONS POSSIBLE $1,675,000.00 Potential revenue initiatives were presented, i.e.: real estate, utility consumer, cigarette, transient room, admissions, meals, E-911, motor vehicle decal, cable television utility, and short term rental; and comparative local tax rates of the City of Roanoke and other urban Virginia localities in the categories of real estate, personal property and transient room, meals, admissions, phone E-911, vehicle decal, cable television franchise and cable television utility, short term rental, and cigarette. Priority funding items for fiscal year 2003 are: *Personal Services $ 1.9M 33 *Operating Expenditures *Capital Expenses/Debt Service *Transfer to Roanoke City Schools 0.8M 0.8M 1.0M TOTAL ANTICIPATED EXPENDITURES LESS ESTIMATE REVENUES Balancing Figure $ 4.5M 1.4M ($3.1M) It was noted that in anticipation of loss of revenue by the state, each City of Roanoke department was requested to decrease their budget by five per cent. New funding requests for fiscal year 2003 are: *Blue Ridge Technical Academy - $100,000.00 per year for three years $300,000.00 *Center in the Square - Increase in annual funding from $200,000.00 to $218,000.00, plus one time request of $250,000.00 268,000.00 *Conflict Resolution Center -Annually recurring budget for mediation service for Roanoke's courts due to state budget reductions 53,4OO.OO *New Century Venture Center - Annually recurring budget of $100,000.00 100,000.00 *Roanoke Adolescent Health Partnership - Annually recurring funding in the range of $25,000.00 - $55,000.00 25,000.00-50,000.00 *Science Museum of Western Virginia - Underwrite cost of current loan on Megadome theater for term of loan in exchange for naming rights - $210,000.00 and underwrite educational staff salaries in non-specified amount 210,000.00 Status of the School budqet is as follows: Total Revenue Increase - $ 1,648,428.00 34 - Local Revenue - - State Revenue - - Other Sources - $ 905,377.00 486,192.00 256,859.00 Highlights - Average employee raise of 2.75 per cent -Operating reductions total $639,000.00 (10.3 FTE) Total of $218,000.00 allocated to budget priorities - Assumption of local cost of Round Hill Montessori aides - Enhanced retirement benefits for transportation employees - Implementation of site-based Leadership Development Program Unfunded Priorities - $325,000.00 - Improvement of employee salaries Those items that were referred to the Financial Planning Session include a request for information regarding funding for cultural organizations, a request for information regarding funding for human services agencies, and discussion of division of responsibilities among various departments and reporting relationships. The City Manager advised that in view of time constraints and the absence of two Council Members, it is anticipated that discussion of division of responsibilities among various departments and reporting relationships will be discussed at the Monday, April 1 City Council meeting. Figures were provided with regard to the admissions tax in certain other Virginia cities, the highest being 10 per cent in Chesapeake, Hampton, Norfolk, Portsmouth and Suffolk, and the City of Roanoke at 5 per cent. General Fund budgets for the following cultural and human services agencies for fiscal year 2002 are as follows: -Cultural Services * 17 organizations receive funding ranging from $1,875.00 to $85,000.00 $ 283,443.00 -Human Services * 36 organizations receive funding ranging from $1,000.00 to $45,800.00 474,769.00 TOTAL $ 758,212.00 HUD budget for Human Services *17 organizations receive funding ranging from $9,000.00 to $43,000.00 357,369.00 *7 out of the 17 organizations have been funded more than 5 years (6 to 10 year range) - total annual cost for these agencies is $165,000.00 Impact of new HUD policy *Programs funded for fiscal year 2003 eligible for at most 2 more years of funding in reducing amounts *$25,000.00 minimum funding level Admissions Tax increase options include: 1.5 per cent increase in Admissions Tax rate has been recommended to fund Civic Center - Phase II project. Each additional 0.5 per cent increase in Admissions Tax rate city-wide would generate $82,000.00 in additional revenue. 50+per cent of additional tax revenue is estimated to be paid by non- city residents because of the regional draw of the types of events for which the tax would be collected. Non-profit primarily cultural agencies collected over $122,000.00 in Admissions Tax in fiscal year 200~ at the 5 per cent tax rate. 0.5 per cent increase in Admissions Tax rate -- 11 per cent increase in funding for Cultural and Human Services Committees. Distribution of Additional Admissions Tax Revenue: *Roanoke City Code Section 2-271(g) charges the Roanoke Arts Commission with the duty to review requests for funding from private cultural agencies, advise Council as to the merits of each request, recommend funding allocations, and monitor results. *Roanoke City Code Section 2-301(b) charges the Human Services Committee with the duty to review requests for funding from private social service agencies, advise Council as to the merits of each request, recommend funding allocations and monitor results. *Additional revenue from Admissions Tax rate increase could be allocated to cultural and human services agencies by the Roanoke Arts Commission and Human Services Committee. *Staff can review the methodology used by these funding entities in allocating funds for the fiscal year 2004 funding cycle - the same time the new HUD funding policy begins to take effect. The City Manager requested direction from Council as whether there is a need to increase funding for cultural and human services agencies beyond that which has been the traditional increase. She requested the opportunity to submit a recommendation to Council during fiscal year 2002-03 budget study. Prior to taking any action on increasing the Admissions Tax, Council Member Harris requested a five-year history on ticket fees charged by cultural organizations. In regard to those cultural organizations that are facing significant state funding budget cuts, as a ball park figure, Ms. Wyatt discussed the feasibility of the City providing one-half of the shortfall and the cultural agency providing the other one-half. The City Manager requested direction from Council in regard to funding for human services agencies; whereupon, a suggestion was offered to review the funding level under the new HUD policy allocations, compared with the current funding level, with an eye toward incrementally funding the organizations in 2004 in conjunction with established funding criteria. The City Manager advised that Council has not officially adopted a capital budget to fund $14.9 million in civic center improvements, and the City's proposed fiscal year 2002-03 budget will include a Capital Improvements Program budget to provide for civic center improvements through the following funding sources: a 1.5 per cent admissions tax increase, capital maintenance replacement fees which can be implemented by the Roanoke Civic Center Commission, and retained earnings from operations which can be addressed internally. 37 There was discussion with regard to decreased funding by the State for Constitutional Officers; whereupon, the City Manager advised that at present, the City is out of budget by $3.1 million; each City department was requested to submit a budget with a 5 per cent reduction, and if every departmental budget with the 5 per cent reduction were acceptable, the City's budget would still be out of balance by $1.4 million, the City is challenged in fiscal year 2003 as to whether or not it will be able to provide a pay increase for City employees; and it is expected that there will be an even greater reduction in employees in fiscal year 2003 than in fiscal year 2002. She advised that information on State budget cuts should be available by March 15 and will be promptly forwarded to Council. Mr. Hudson expressed concern with regard to the spending practice of some City department managers who purchase unnecessary items at the end of the fiscal year because there may be excess funds in their departmental budget. He stated that those purchases that cannot be justified should be denied. A question was raised in regard to the $80,000.00 per month for the Department of Social Services to occupy the former Sears building; whereupon, the City Manager advised that the lease was drafted so as to provide that if State funding is not available, the City will not be bound by terms of the lease. Additionally, she advised that in the latter part of 2001, restrictions were placed on spending by City departments in anticipation of funding difficulties, and the City is now in a total hiring freeze in order to save money. There being no further business, the Mayor declared the meeting adjourned at 3:00 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor Office of the City Manager April 1, 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: Application for Vacating, Discontinuing and Closing a Portion of Mason Mill Road, N.E. Section 30-14, Code of the City of Roanoke (1979), as amended, provides that streets and alleys in the city may be altered or vacated on motion of the City Council or on application of any person, in accordance with Section 15.1-364, Code of Virginia. This is to request that the City Manager be authorized to file an application with the City Clerk on the above matter for Council's consideration. City Manager DLB/SEF c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator 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 MINUTES OF ROANOKE CITY AUDIT COMMITTEE MARCH 4, 2002 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 11:00 a.m. on Monday, March 4, 2002, with Chairman, William White, Sr., presiding. The roll was called by Mrs. Powers Audit Committee Members Present: William White, Sr., Chairman Mayor Ralph K. Smith William H. Carder C. Nelson Harris W. Alvin Hudson Others Present: William Bestpitch, Council Member Mike Tuck, Senior Auditor Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Elizabeth Dillon, Assistant City Attorney Jesse A. Hall, Director of Finance George McMillan, City Sheriff Arthur B. Crush, i11, Clerk of Circuit Court James Brubaker, Chief Deputy Sheriff- Major Ann Shawver, Manager Accounting Services Pamela C. Mosdell, Senior Auditor Kevin A. Nicholson, Senior Auditor Brian M. Garber, Auditor Evelyn W. Powers, Administrative Assistant Todd Jackson, Roanoke Times Reporter 2. FINANCIAL RELATED AUDITS: Sheriff Canteen and Jail Inmate Funds APA Clerk of Circuit Court Mr. White ordered that the financial related audits be received and filed. There were no objections to the order. Mr. White recognized Mr. Tuck for comments. Mr. Tuck briefed the Committee on the Sheriff Canteen and Jail Inmate Funds audit report. Mr. White made a suggestion to change ~Sales to Inmates" to "Sales to Inmates - Commission" on the Financial Statements. He believes this is more accurate since the Shedff receives a commission from the sales to the inmates. He also stated that a listing of expenditures in excess of $5,000 in the future would be informative. Audit Committee Minutes Page Mr. Nicholson bdefed the Committee on the APA Clerk of Circuit Court audit. There were no questions or comments. 3. PERFORMANCE AUDITS: B. C. D. E. F. Fire-EMS AIIright Parking Solid Waste Management Critical Data Applications City Leases Planning and Zoning Mr. White ordered that the performance audits be received and filed. There were no objections to the order. Mr. White recognized Mr. Tuck for comments. Mr. Tuck recognized each auditor who performed each of the performance audits. Mr. Garber briefed the Committee on the Fire-EMS audit. There were no questions. Mr. White said that he appreciated the cooperation from the Fire department in working with the audit department to make these improvements. The City Manager said that this type of work is a direct benefit of the audit function to identify and help management implement immediate changes. Mr. Tuck briefed the Committee on the AIIright Parking audit report. There were no questions. Mr. White commented that he was glad to see this type of audit work performed because it assured the City that we are getting what we are suppose to. The City Manager commented that she had asked the auditor to perform this audit due to the current contract with AIIdght expiring in July 2002. She said that this audit would be beneficial to City management in re-negotiating the next contract and how best to structure the next RFP. Mr. Nicholson briefed the Committee on the Solid Waste Management audit report. There were no questions. Mr. White commented that he was in agreement with the recornmendations in the audit and said this is a pro-active type approach. Mre. Mosdell bdefed the Committee on the Cdtical Data Applications audit report. There were no questions. Mr. White asked if these applications were City developed applications. Mre. Mosdell said that they were City developed applications. Mr. Nicholson briefed the Committee on the City Leases audit report. Mr. Hards commented that he was glad to see a much better plan regarding City Leases. Mr. White inquired about whether the audit considered the performance aspects of the agreements. Mr. Nicholson said the audit was an identification type where we limited our review of leases to real property involving structures. The City Manager reported that she has assigned the Economic Development department with the responsibility of handling City leases. She also said that the City is taking an aggressive approach as to Audit Committee Minutes Page the management of City leases. The City is now looking at what we need and what we do not need and declaring property as surplus if we do not need it. Mr. Garber briefed the Committee on the Planning and Zoning audit report. Mr. Carder asked what triggers are in place to ensure that proper conditions initiate the checks and balances before building permits and business licenses are issued. The City Manager said that the City cannot hold up a business license if the business completes the application and pays the fee. Mr. Carder asked how the Meeting House obtained a Certificate of Occupancy before all the conditions were met. The City Manager said that the Meeting House was not given a Certificate of Occupancy, however, they opened without one. The City Manager said that the City's only recourse was to take the business to court. She asked Elizabeth Dillon, Assistant City Attorney to comment on getting a business license. Mrs. Dillon said that under the Code, as long as a business pays and meets the requirements, they could obtain a business license. Under the current situation, the Certificate of Occupancy and the Business License is not connected together. After much discussion from the Committee, Mr. Carder suggested that this situation be referred to the Legislative Committee. Mr. White asked Elizabeth Dillon to comment. Mrs. Dillon said that the Legislative Committee could look at the avenues currently in place and avenues the Committee would like to pursue. 4. SPECIAL INVESTIGATION: A. Payroll Mr. White ordered that the Payroll audit be received and filed. There were no objections to the order. Mr. Tuck briefed the Committee on the Payroll audit report. Mr. Tuck said that the compensatory time disbursement did not violate any State or local laws. There were no questions. Mr. Hall said that in the future, any payments would be made in accordance with the POP. Mr. Bestpitch commented that POP #25 clearly states that compensatory time must be approved in advance and that POP #18 does not state that overtime should be approved in advance. Mr. Bestpitch said that POP #18 and #25 should both state advance approval to avoid any misinterpretation. The City Manager reported to the Committee that the two POP's have already been revised and will be presented to the Personnel and Employment Practices Commission (PEPC) in approximately 30 days. Mr. Carder said that City management should be careful as not to hamstring management so much to pre-approve everything because you will have to live with the new procedure. Mr, Carder said that overtime and compensatory time is not bad because it gets you through your peaks and valleys. UNFINISHED BUSINESS: A. Update on Audit Department's Website Audit Committee Minutes Page 4 Mr. Tuck briefed the Committee on the department Website. Today's audit reports will be placed on the departments Website by Fdday, March 8, 2002. We will also be posting Roanoke City Public School audit reports to the Website after they are presented to the School Board Audit Committee. All City and School audit reports issued after January 1, 2001, will be posted to the Website. The School Board will be adding a link from their Website to the Municipal Auditing Website in the near future. 6. NEW BUSINESS: There was no new business to come before the Committee. 7. ADJOURNMENT: There being no further business, the meeting was adjourned at 11:35 a.m. William White, Sr., Chairman 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: ¢lerk@¢i.roanoke.va.us April 3, 2002 File #110-323 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Wlodzimierz A. Zaryczny, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Mr. Zaryczny: This is to advise you that Stanley G. Breakell has qualified as a member of the Roanoke Public Library Board for a term ending June 30, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Stanley G. Breakell, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Public Library Board for a term ending June 30, 2002. Subscribed and sworn to before me this/Y day of ARTHUR B. CRUSH, III, CLERK N:\CKMH1L&genda.02LMarch 4, 2002 correspondence.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 April 3, 2002 File #60-133-236 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am enclosing copy of Resolution No. 35783-040102 accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services, in the amount of $174,014.00, with a local cash match of $17,401.00. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The ist day of Apr±l, 2002. No. 35783-040102. A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Department of Criminal Justice Services of the Virginia Exile grant in the amount of $174,014.00, the grant requires a cash match of $17,401.00, such grant being more particularly described in the letter of the City Manager, dated April 1, 2002, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the City Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification by the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice in connection with the City's acceptance of this grant. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #60-133-326 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35782-040102 amending and reordaining certain seCtions of the 2001-02 General and Grant Funds Appropriations, providing for appropriation of $174,014.00, with a local cash match of $17,401.00, in connection with acceptance of the Virginia Exile Grant by the Department of Criminal Justice Services for calendar years 2002-03. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney Darlene L. Burcham, City Manager Barry L. Key, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 2002. No. 35782-040102. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Gene.~.~ Fund Appropriations Nondepartmental Transfer to Grant Fund (1) ............................... Contingency (2) ....................................... Grant Fun.____~d 71,601,871 71,096,567 377,577 Appropriations Judicial Administration DCJ$ Exile Grant CY 2002 (3-14) ......................... Revenues 887,467 174,014 Judicial Administration DCJS Exile Grant CY 2002 (15-16) ........................ 1 ) Transfer to Grant Fund 2) Contingency 3) Regular Employee Salaries 4) City- Retirement 5) ICMA Match (001-250-9310-9535) (001-300-9410-2199) (035-150-5142-1002) (035-150-5142-1105) (035-150-5142-1116) $ 17,401 (17,401) 116,317 7,024 1,690 887,467 174,014 6) FICA 7) Medical Insurance 8) Dental Insurance 9) Life Insurance 10) Disability Insurance 11 ) Advertising 12) Administrative Supplies 13) Mileage 14) Other Rental 15) State Grant 16) Local Match (035-150-5142-1120) (035-150-5142-1125) (035-150-5142-1126) (035-150-5142-1130) (035-150-5142-1131) (035-150-5142-2015) (035-150-5142-2030) (035-150-5142-2046) (035-150-5142-3075) (035-150-5142-5143) (035-150-5142-5144) 8,598 5,736 4O3 886 310 10,000 2,400 8,650 12,000 156,613 17,401 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY GoH ONWEALTH' OF ViRG NiA' CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 2401 6 April 1,2002 AREA CODE 540 TEL. NO. 853-2626 FAX 853-1201 Honorable, Mayor Ralph 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 Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Virginia Exile Grant Background: The Department of Criminal Justice Services (DCJS) has awarded the City of Roanoke a grant in the amount of $174,014 for the calendar years 2002/2003. The Grant for VI RGIN IA EX IL E in 2002/2003 will continue to provide the City of Roanoke with additional funding resources to maintain the Commonwealth's emphasis on prosecuting the violent gun carriers in the City. The EXILE Grant relates to the state laws, enacted in 1999, which set minimum mandatory sentences for convicted felons who possess guns, individuals who possess guns while possessing drugs, and people who bring guns on to school property with the intent to use them. The City of Roanoke would use the funds to target those who illegally possess and use firearms and to reduce the number of violent firearms crimes in the City of Roanoke. This goal will be achieved through a unified effort of city, state, and federal prosecutors and law enforcement agencies. VIRGINIA EXILE funding will continue at least through 2003. Re-application for funding will be required before December 31,2003. VIRGINIA EXILE in the City of Roanoke would continue to fund an experienced prosecutor to oversee charges that arise from the Virginia EXILE legislation. Additionally, funding was also approved to hire an Administrative Assistant to assist the Exile Prosecutor. Funding will also be applied to office materials, equipment, and a public awareness campaign. Honorable Mayor and Members of Council April 1,2002 Page #2 Considerations: The grant requires a cash match. To implement the VIRGINIA EXILE campaign in the City of Roanoke in 2002/2003, the City would provide local match funds of $17,401.00 from account number 001-300-1210- 2041. Recommended Action(s): Adopt a resolution accepting the 2002/2003 DCJS funds and authorizing the City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required by DCJS on behalf of the City in order to accept such funds, said Agreement and forms to be approved as to form by the City Attorney. Appropriate $174,014.00 as shown in attachment 1 to accounts in the Grant Fund established by the Director of Finance and in accordance with State grant requirements and establish a grant fund revenue estimate. Transfer funding in the amount of $17,401.00, from Office of Communications (001-300-1210-2041) to Transfer to Grant Fund (001-250-9310-9535). Respectfully submitted, Roanoke City Commonwealth Attorney DSC:msh Attachment pc: Honorable Darlene Burcham, City Manager Honorable William Hackworth, City Attorney Honorable Jess Hall, Director of Finance 1002 1105 1115 1120 1125 1126 1130 1131 2015 2030 2046 3075 Attachment 1 Progr~unAccounts Regular Employee Salaries ICMA - Retirement ICMA - Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Advertising Administrative Supplies Local Mileage Other Rental TOTAL $116,317 $ 7, 024 $ 1,690 $ 8,598 $ 5,736 $ 403 $ 886 $ 310 $ lO,OOO $ 2,400 $ 8,650 $ 12,000 $174,014 Office of the City Manager April 1, 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: Virginia Exile Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney, for the City of Roanoke, with respect to the subject referenced above and recommend that City Council accept the funding for the Virginia Exile Grant. 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.us 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 April 1,2002 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: As a part of the City Council meeting on Monday, April 1, 2002, I would like to provide the Members of Council with a status report on a meeting of the Virginia First Cities Coalition which was held on Thursday, March 28, in Richmond, Virginia. As a part of the report, I would also'like to provide an update on the local impact of the State's 2002- 2004 proposed budget. With kindest regards, I am Sincerely, William H. Carder Vice-Mayor WHC:sm First C~ties Coalition Update First Cities Coalition/~embers ::::::::::::::::::::::::::::::::::::::::::: Charlottesville Danville Freder~cksbur~ Hampton ..... ,~:,~: ~' Hopewell ,t' Lynchbur8 ~ Newport News Norfolk Petersbur8 PorLsmouth Richmond Roanoke Staunton Winchester Overview Of First Cities Coalition :::::::::::::::::::::::::::: i ::~: ::::::::::::::::::::::::::::::::::::::::::: · Back round of Member Cities: · Older · Urban · Land-locked · F~scally Stressed · Prior~ties: · State should provide stron~ ~ncent~ves for c~ty redevelopment and reinvestment · State should rebalance service responsibilities and fundin~ resources to cities · State should develop an urban policy How the State Budget Was Balanced Bud et Shortfall of $2.4 Billion State Agency Cuts and Fee Increases- $890/~ One-Time Revenues And Transfers - $700/~ Higher Ed. Cuts- $290M Local Govt. Cuts - $ 525/~ Local Impact of State Cuts · Fundin8 Reduction of $1.3 Million · ABC/Wine Tax · HB 599 · Constitutional Officers · Juvenile Justice and Office on Youth · Equates to 33 full-time positions Local Strategies and Options · Increase taxes and fees · Eliminate or reduce services · Eliminate positions Services ~venue What is Needed · New Tax Structure · New Urban Policy · Revised Funding Formula 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 April 3, 2002 File #29-46-60-434 Darlene L. Burcham City,Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35786-040102 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, dated July 1, 1995, in order for AEP to provide appropriate street lights and associated electrical work for Phase II of Infrastructure Improvements to the Greater Gainsboro Redevelopment Area Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Charles A. Price, Jr., Chair, Roanoke Neighborhood Development Corporation, 1509 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Jesse A. Hall, Director of Finance George C. Snead, Jr., Acting Director, General Services Robert L. White, Manager, Purchasing Philip C. Schirmer, City Engineer Margaret T. Munton, Budget Analyst H:XAgenda.02XApril 1,2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGI]XIIA The 1st day of Apr±l, 2002. lqo. 35786-060102. 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, dPo/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 betwe~ 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 April 1, 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. 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: ¢lerk@¢i.roanoke.va. us April 3, 2002 File #29-46-60-434 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Stanley G. Breakell, President Breakell, Inc. P. O. Box 6414 Roanoke, Virginia 24017 Dear, Mr. Breakell' I am enclosing copy of Ordinance No. 35785-040102 accepting the bid of Breakell, Inc., for 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 Infrastructure Improvements io the Greater Gainsboro Redevelopment Area Project, in the amount of $496,183.93; 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, April 1,2002. Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Charles A. Price, Jr., Chair, Roanoke Neighborhood Development Corporation, 1509 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 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 Margaret T. Munton, Budget Analyst N:\CKMHlL&genda.02~pril 1, 2002 correspondence (rough)wpd.wpd -- ' MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-!536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us April 3, 2002 File #29-46-60-434 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Allegheny Construction Company S. C. Rossi & Company E. C. Pace Company Ladies and Gentlemen: I am enclosing copy of Ordinance No. 35785-040102 accepting the bid of Breakell, Inc., for 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 Infrastructure Improvements to the Greater Gainsboro Redevelopment Area Project, in the amount of $496,183.93; 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, April 1,2002. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure N:\CKMHl~Agenda.02~April 1,2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of Apr±l, 2002. No. 35785-0t40102. AN ORDINANCE accepting the bid of Breakell, Inc. 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, 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 constructi, on 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 April 1, 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 bebalf 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 I:\Clerk~ell gninsboro 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. l:\Clerk~bre~.eH gainsboro 302.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #29-46-60-434 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35784-040102 amending and reordaining certain sections of the 2001-02 Capital Projects Fund Appropriations, in connection with acceptance of a bid submitted by Breakell, Inc., for 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 Infrastructure Improvements to the Greater Gainsboro Redevelopment Area Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Philip C. Schirmer, City Engineer Margaret T. Munton, Budget Analyst Barry L. Key, Director, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 2002. No. 35784-040102. 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 of the 2001-2002 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Al~)repriation~ Economic Development $ Precision Technology (1) .................................. General Government Environmental Issues (2) .................................. $ Greater Gainsboro Infrastructure (3-4) ....................... Parks, Recreation and Cultural $ Gainsboro Library (5) ..................................... Streets and Bridges $ 50/50 Curb, Gutter, Sidewalk (6) ............................ Williamson Road Improvements (7) ......................... Peters Creek Road Street Light (8) .......................... Capital Improvement Reserve $ Capital Improvement Reserve (9) ........................... 1 ) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Appropriated from Bond Funds Series 1999 4) Appropriated from General Revenue (008-310-9685-9003) (008-052-9670-9003) (008-410-9625-9001 ) (008-410-9625-9003) $ (21,485) (25,000) - 4,307 144,594 24,193,640 88',515 15,434,031 1,990,816 1,858,700 10,953,741 181,075 24,410,066 10,000 463,693 40,000 23,186,139 375,391 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from Bond Funds Series 1999 8) Appropriated from General Revenue 9) Buildings and Structures (008-052-9626-9003) $ ( (008-052-9635-9003) ( (008-052-9716-9001 ) ( (008-530-9771-9003) ( (008-052-9575-9173) ( 12,000) 40,000) 4,307) 20,000) 26,109) 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 April 1, 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 withih the Greater Gainsboro Redevelopment Area. Per Council's request, the plans were provided to Mr. Charles Price, representative of the Roanoke Neighborhood Development Corporation (RNDC), on Thursday, March 21, 2002. Mr. Price has provided only minor comments back to the City. These minor comments will be addressed by increasing the number of trees and providing additional sidewalk to the contract during the construction. 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 Iow 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 L~ htin A reement dated J · ' ( ) _, ..... ..~gJ,_ g ~g ..... uly.1, 1995., c. oncern!ng the provision by AEP to the City of ~tfue[ ,g_n[s ana assoc~atea e~emrica~ current tor 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 hases. The whole project, including the estimated costs for Phaselll, remain within the aoPo~pted capital project budget of $3,42-6,282. Proposed funding from available balances in several ca ital project accounts is being used to fund AEP improvements which are ineligible for CDB~ 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, 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 pril 1, 2002 age 2 $ 4,901 131,659 399,281 211,060 12,000 25,000 21,485 20,000 40,000 4,3O7 26,109 035-G00-0030-5286 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 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, Sidewall~ Williamson Road Improvements Capital Reserve - Buildings Recommended Action: 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 StreetLighting Agreement dated July_ 1, 1995, with A palachian Power Company d/b/a American Electric Power (AEP) in order for AEP to provi~Pe~ the a propriate street lights and associated electrical work for Phase II of the Greater ~ainsboro Infrastructure Improvements for $350,000. ubmitted, Darlene ~~ City Manager DLB/JGB/bls Attachment C; Ma.ry F. Parker, City Clerk Wilham 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 April 1, 2002 Mar 2S 02 10:33a Paine Const BO4 821 2227 p.2 ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION 1509 Lafayette Boulevard, NW Roanoke, Virginia 24017 (540) 362-5165 March 25, 2002 Philip Schirmer, City of Roanoke, Engineer Dept. 215 Church Avenue, SW. Roanoke, Va. 24011-1591 Subject: Henry Street Phase 2 Infrastructure Dear Mr. Schirmer: We have reviewed the drawings for the phase 2 Infrastructure and have the following comments: 1. Mr. Bruce has stated that the new portion of concrete walk shown extending north from the Ebony Club wi, be omitted from this phase and included in phase 3. 2. On sheet C108 there is a parking sign which will create reserved parking on a portion of the north side of Loudon Ave. We discussed having handicap spaces also along the street in addition to the standard parking. The handicap spaces would be for the Crewe Suite and Dumas Hotel building. 3. On sheet C101 there is new pavement occurring in front of the Crewe Suite; Would funds be saved if pavement was rePlaced at new utility lines only and the removal of abandon pipe line be done in phase 3? The new asphalt pavement in front of the Crewe Suite will be demolished dudng the development of phase 3 and replaced with concrete pattern pavement. 4. We would ~ike to discuss the placement of the trees at the northwest side of Center Ave. and the ~ack of trees on the East side of Henry St. at the Ebony Club and Depot Dinner. RNDC would like thank you and your staff for this opportunity to submit these comments. Your support of RNDC's program is appreciated. Chai~n-a~ ........... ~ Cc; Vemice Law Darlene Burcham City Council Members John Baker Thomas Mckeon ~m~ 2~ 02 10:33a Paine Const 804 821 222? 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 CLERKS OFFICE · FAX#: 540-853-1145 · COMPANY: ROANOKE CITY · DATE: March 26, 2002 ' REGARDING: ROANOKE NEIGHBORHOOD DEVELOPMENT CORPORATION · REMARKS: PLEASE GIVE A COPY OF THIS TO THE CITY COUNCIL MEMBERS. THANK YOU. · RESPONSE#: · FAXED BY: CHARLES 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 o1' 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, end return the original message to us at the above ad~Iress via the United States Postal Service. Thank you. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #77-514 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35787-040102 authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT, for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Kenneth H. King, Manager, Streets and Traffic H:~Agenda.02XApril l, 2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of Apr±l, 2002. No. 35787-040102. A RESOLUTION authorizing the City Manager to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for State maintenance funds. WHEREAS, the Code of Virginia (1950), as amended, establishes eligibility criteria forJocalities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions are required to be submitted to VDOT in order to be eligible for payment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions to VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for State street maintenance funds, as set forth in the City Manager's report dated April l, 2002, and its attachment. ATTEST: City Clerk. Office of the City Manager April 1, 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 Council: Subject: Street Inventory for State Maintenance Payment Eligibility Background: Section 33.1 - 41.1 of the Code of Virginia establishes the eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance. It specifies two functional classifications of roadways (Principal/Minor Arterials and Collector/Locals) and establishes a base payment rate per lane mile for each classification or roadway. These rates are adjusted annually by VDOT based upon a statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges. City eligibility for fiscal year 2001-2002 is approximately $8,773,218 in street maintenance payments from VDOT. These funds are used for eligible maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals bridges, signs and pavement markings. Considerations: City staff has found that the attached list of streets should be submitted to VDOT to enable their eligibility for payment in the next fiscal year. Approval of these additions to the street inventory is expected to increase the street maintenance payments to the City by approximately $11,564 at current year payment rates. 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 April 1, 2002 Page 2 Recommended Action: City Council authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Respectfully, Darlene L. Burcham City Manager DLB/KHK/gpe Attachment 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 CM02~00053 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #60-76-246 Stephanie M. M:::. ;n Deputy City CIc Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35789-040102 authorizing the City Manager, or the City Council's appointee to the Policy Board of the Fifth District Employment and Training Consortium, to execute an amendment extending an existing agreement by an additional six months with Family Services of Roanoke Valley. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Bobby L. Clark, Acting Administrator, Fifth District Employment and Training Consortium, 108 North Jefferson Street, Roanoke, Virginia 24016 Jesse A. Hall, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services H:Latgenda.02~April 1, 2002 correspondence (rough)wpd.wpd - ' CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #60-76-246 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35788-040102 amending and reordaining certain sections of the 2001-02 Consortium Fund Appropriations, providing for appropriation of $5,625.00, in connection with an agreement between the Fifth District Employment and Training Consortium and Family Services of Roanoke Valley to provide services for Drug Court referrals for an additional six months beginning January 1,2002 - June 30, 2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. MFP:mh Sincerely, Mary F. Parker, CMC City Clerk Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Human Services Barry L. Key, Director, Office of Management and Budget HSAgenda.02XApril 2002 correspondence (rou$ '~d.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 2002. No. 35788-040102. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Consortium 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 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment & Training Consortium $ 3,702,872 Drug Court Placement (1-6). 5,625 Revenues Fifth District Employment & Training Consortium $ 3,702,872 Drug Court Placement (7) ................................... 5,625 1) Wages (034-633-2195-8350) $ 2,500 2) Fringes (034-633-2195-8351) 625 3) Communication (034-633-2195-8353) 500 4) Supplies (034-633-2195-8355) 500 5) Miscellaneous (034-633-2195-8360) 500 6) Support Services (034-633-2195-8461) 1,000 7) Drug Court Placement (034-633-2195-2195) 5,625 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 April 1, 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: Funding for Fifth District Employment and Training Consortium from Family Services of Roanoke Valley Background: The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Workforce Investment Act (WIA) for the region, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke as well as the cities of Covington, Roanoke, and Salem. WIA funding is for two primary client populations: · dislocated workers who have been laid off from employment through no fault of their own, and · economically disadvantaged individuals as determined by household income guidelines set up by the U.S. Department of Labor. The City of Roanoke is the grant recipient and fiscal agent for FDETC funding, thus, City Council must appropriate the funding for all grants and other monies the FDETC receives. An agreement between the Fifth District Employment and Training Consortium (FDETC) and Family Services of Roanoke Valley dated January 2001, to provide services for Drug Court referrals is being amended as follows: The agreement is extended for an additional period of six months beginning January 1, 2002 and continuing through June 30, 2002. During this period the Agency (Family Services of Roanoke Valley) agrees to continue to pay the Service Provider (FDETC) a fixed sum of $937.50 per month. This rate is based on an expected average of 45 offenders served per year. All other provisions of the Agreement, dated January 1, 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 April 1, 2002 Page 2 2001 and amended July 1, 2001, shall remain in effect. The additional funding will be $5,625.00. Considerations: · Program Operations - Existing activities will continue and planned programs will be implemented. · Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommendations: Authorize the City Manager, or City Council's appointee to the Policy Board of the Fifth District Employment and Training Consortium, to execute the agreement and any necessary amendments thereto with Family Services of Roanoke Valley. Appropriate the FDETC's funding totaling $5,625 and increase the revenue estimate by $5,625 in accounts to be established in the Consortium fund by the Director of Finance. I~espectfully submitted, Darlene L. B'~rcham City Manager DLB:tem c: Rolanda Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of Management and Budget Glenn D. Radcliffe, Director of Human Services #CM02-00048 Her ]3 02 ]0=42s F~;th O~str~=~ Consortium 540-767-6~35 p.? The AGREE~J/NT dated the first of January, 2001 by and between Fifth District Employment and Training Consorctu~, hereinafter called the Service Provider, and Fa=dly Service of Roanoke valley, 360 Campbcll Ave., Roanoke, Vlrgir~a 24Q17, hereinafter called the agency, is heathy AMENDRD as folio/es: ~ The A~R~T ie extehded for an additional period of six ~o~lths beginning January 1, 2002 and continuing through June 30, 2002. During this period the Agency agrees to continue to pay the Service Provider a f/xed sum of $937.50 per  ~onth. This rate is based on an expected average of 45 offenders served per year. / · All r provisions of the AG~ dated the ~irst of January, 200t and amended July 1, 2001 shall remain in effect. IN WITNESS WHeReOF, the parties hereto have executed this Amendment effective January 1, 2002. Fifth Dlstr~c~ Employment and Tra/n~ng Consortium The ~ dated the fSrat oE Janua~f, 2001 b~ and between FA£th Dtmtrlct ]il~l~t and T~atnincj ~~cAum, hereinafter called the Service Provider, and Family Service of Roano~ Valle]f, 360 ~11 Ave., Roanoke, V~Z~Li& 24017, hereina£ter called tb~ Agency, Am heathy AMRNDRD aa £ollowo: ~ For the t~riod Januar~ 1, 2001 through ~me 30, 2001, t~ ~~ a~, to ~y ~ Semite ~i~r ~ f~, for t~ ~rZo~e of this Contract t~ ~ o~ $2s0.00 for each off~ ,e~, ~ to a ~xi~ o~ $22,000.00 per ~. ~~ on ~ 1, 2001, ~ cont~nu~ ~~ C~ of the ~ntra~ ~ri~, t~ ~en~ a~ee to pay the P~r a f~ s~ of $937.50 ~r ~n~. ~is rate is bao~ on ~ e~c=~ a~ra~e of 45 off--ers ee~ per ~. All o~er provisions o£ the A~ENT dated the Eir~t o£ January, 2001 ~11 remain in ef£ect. IN WITNESS WHB~.~OF, the par~iee hereto have executed this Amendment e£fechlve July 1, 2001. ~ar 13 O~ lO:~Oa -~iFth Dis~ric~ Consortium -540-?G?-6~35 CONTRACT THIS AGREEMENT made the first of January, 2001 by and between Fifth District Employment and Training Consortium, hereinafter called the Service Provider, andFamily Service of Roanoke Valley, 3208 Hershb~r~er Road, N.W., Roanoke, Virginia 24017, hereinafter called the agency. WITlqESSETH, that the Service Provider and the Agency for the consideration hereinafter named agree as follows: ~ The Service Provider agrees to provide all materials and labor to perform all work described in the "Memorandum of Understanding,,, dated January 1, 2001, and shall do all required by this Contract Forth, Terms and Conditions, and the Memorandum of Understanding. The Service Provider and the Agency agree that the Documents listed above form the Contract and that said Documents are as fully a part of this Contract as if hereto attached or herein repeated. ~ The Service Provider agrees that work Under this Contract shall be conducted in keeping with the schedule contained in the Memorandum of Understanding. A~ The Service Provider shall submit a written report describing services provided and an evaluation of the effective- ness of the program upon completion of the contractual agreement. ~ The Agency"agrees to pay the Service Provider in current funds for the performance of this Contract the sum of $250.00 for each offender served, up to a m~ximum of $22,00~.00 per year. ~ Payment shall be made to the Service Provider as soon as practicable after receipt of an invoice and narrative report for services rendered, such payments not to be made more than once every 30 days. A~]~T~LF.~_~_ The Agency reserves the right to cancel and terminate any resulting Contract, in part or in whole, without penalty, upon 60 days written notice to the Service Provider. Any Contract cancellation notice shall not relieve the Service Provider of the Obligation to deliver and/or perform, on all outstanding orders issued prior to the effective cancellation date. AR?TO~ 7. The Service Provider and ~heAgenc¥ ~or themselves, ~he~ successors, execu~or~, adm/n~a~o~, and a~r~ ~o ~hs £~ ~e~£ormauace o£ ~h~ covenan~ her~n ~ During the performance of th/~ ¢ontra~t, the Service Provider agrees as follows: The Service Provider will not d~scriminate against any en~loyee or a~licant for eu~loyment because of race, religion, color, sex or national origin ~s a bona fideo~c~aCional reasonably necessar~ to the n~rmal operation of the Service Provider. The Service Provider agrees to post in con~iououe plaoem , av&ilable to employees and applicants for employment, notices settin~ forth the provision~ of this nond/scrimination clause. b The Service Provider, in all solXcitation or advertisements £or employees placed by or in behalf of the Provider, will s~ate th~ such Provider ~s an ~qu~X o~porUuniCy employer. No=ices, advertisements and solicitat~on~ placed in accordance with fedsral law, rule or regula~ion shall be deemed sufficient for the ~ur~ose of IN WITNESS HH~OF, ~he parches hereto hav~ executed this A~ree~ent on the da~ and~ar flr~t above w~4tten. Title: E~e, cut~ve ~ , 13 O~ 10:41a -~i~h Dis~i~ Consortium -540-?G~-6135 p.4 MEMORANDUM OF UNDERSTANDING -This Memorandum of Understanding made the First of January 2001 between Fifth District Employment and Training consortium, hereinafter called the Service Provider, and Family Service of Roanoke Valley, hereinafter called the Agency, sets forth the understanding between the parties for the provisions of services as described. 1. Scope of Services The Service Provider agrees to provide all labor to provide Employment Readiness instruction and job placement assistance to approximately 80 referrals from Drug Court during the 12 month period from January to December 2001. There is no guarantee of any minimum number of such referrals. 2. Description of Services -Employment Readiness instruction will be made available for individuals or groups as appropriate based on the frequency number of referrals. This activity will involve classroom instruction or tutoring, individual assessment, testing and counseling. Participants will be provided the tools to be successful in their job search and attainment of employment. 'Goal Setting Job Seeking Resources Communication Skills Identification Virginia View Application Tip~ Resume Development VEC Registration Labor Market Information Job Identification Job Search Process Interviewing Maintaining Employment Effective Telephone Employer Expectations' Individual Assessment Career Aptitude Placement Survey (CAPS) -(if needed) Referrals in need of education and training n:ecessary to obtain employment will be provided this service if .~A. eligibility is determined and funds are available. 13 OE IO:41a Fi~th District Conso~tAum -540-?G?-G135 -p.S Page 2 Drug Court -Job Placement Assistance will be provided by the Service Provider's coordinator as well as their job development team. The Service Provider has been successful in meeting job placement ~oal~, which reflect the high quality of employemt placement activities conducted by the FDETC over the past twenty-five years. The Service provider will accept individual referrals for Job Placement Assistance. Individuals will be assessed and referred to ~he most appropriate employer(s). The FDETC projects that at a minimum 50% of all referrals will be employed within 45 days after the date of referral. supportive Service needs of the participants will be addressed by the ~ervice Provider. These include transportation, food, clothing, shelter, medical etc. or items necessary to obtain and retain employment. Bus tickets will be provided for participants to travel to job interviews. 3. Service Provider Experience: In its capacity as ~F/2% service deliverer, the FDETC has twenty- five year's experience in areas such as eligibility determina- tion; assessment of educational level, skills and aptitudes, case management, including the development and implementation of individualized action plans, brokering of cost effective training opportunities matched to local labor market needs, job search skills, (including resume development and interviewing), supervised employment placement, program monitoring and evaluation ae well as job development and placement. .; Cost: The costs associated with the provision of the above described services are as follows: ~$250.00 per ~arti¢ipant, inclusive of all costs for Employment Readiness, Job Search Assistance and Support Services. It is understood that a participant who has been previously served may be referred to the provider again for additional placement assistance, and that this would constitute an additional untt of service for statistical purposes and for billing and payment. Page 3 Drug Court 5. Cost Distribution The costs described in item 4 will be remitted as follows: The Service Provider will bill the Agency for services and expenses listed above at the end of each month, commencing January 1, 2001 and ending December 31, 2001. The invoices will be submitted to the agency monthly, which will in turn include those expenses in one combined invoice for all supportive services and submit the comb/ned invoice to Drug Court staff for payment. The agency will pay the Service Provider's invoic~ following receipt of funds from Drug Court. 6. Schedule/Timetable It is expected that services will be rendered in keeping with a schedule developed and agreed upon by both parties. 7. Evaluation Criteria Program will be evaluated by tracking referrals, Job placements, hourly rate and provision of supportive service. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #5-20 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35790-040102 designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of Parking Ticket Issuance and Management system and software services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: H:XAgenda.02~April 1,2002 correspondence (rough)wpd.wpd Jesse A. Hall, Director of Finance Joe D. Slone, Director, Department of Technology George C. Snead, Jr., Acting Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 2002. No. 35790-040102. A RESOLUTION designating the procurement method known as competitive negotiation, rather than the procurement method known as competitive sealed bidding, to be used for the procurement of Parking Ticket Issuance and Management system and sot'v0vare services; and documenting the basis for this determination. WHEREAS, following: · · the City seeks to procure proposals from vendors to provide the A client based Parking Management System capable of recording all identified data elements relative to our current Parking Management requirements. · Hardware identified as required for remote citation data collection, validation, arid automated uploading Develop or assist in the development of both front and backend interfaces to our current Cash Register Payment Processing system. · Parking Permit functionality based on standard needs assessment. · Open-ended data query process which allows the user to easily address all reporting needs. · Assist in the implementation of this system and create utilities that further the functionality of this system; and, WHEREAS, this Council finds that the use of the procurement method of competitive negotiation for the above mentioned services will allow for consideration of the factors of experience, qualifications, references, customer responsiveness, manpower allocation, financial management and quality of reports as related to the vendor and sot'nvare design, platform, functionality, reliability and adaptability to interface which are of equal, if not greater, importance than the cost. H:Wleasures~Parldng Ticket Iss4Jance and Mgmt System BCR.doc WHEREAS, City Council is of the opinion that such services should be procured by competitive negotiation rather than competitive sealed bidding. THEREFORE, BE IT RESOLVED by this Council of the City of Roanoke as follows: 1. Pursuant to Section 23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and/or is not fiscally advantageous to the public for the reasons set forth above for the procurement of Parking Ticket Issuance and Management system and software services. 2. negotiation City Council directs that the procurement method known as competitive shall be used for the procurement of Parking Ticket Issuance and Management system and software services, as more fully set forth in the City Manager's Letter to this Council dated April 1, 2002. 3. This Resolution documents the basis for City Council's determination. ATTEST: City Clerk H:Wleasures~Parking Ticke~ Issuance and Mgmt System BCR.doc Office of the City Manager April 1, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable Honorable Honorable Honorable Honorable William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Competitive Negotiation For Services Background: The City desires the opportunity to consider entering into a contractual agreement with a provider of an Automated Parking Ticket Issuance and Management System containing the following primary features: · A client based Parking Management System capable of recording all identified data elements relative to our current Parking Management Application. · Hardware identified as required for remote citation data collection, validation, and automated uploading. · Develop or assistance in the development of both front and backend interfaces'to our current Cash Register Payment Processing system. · Parking Permit functionality based on standard needs assessment. · Open-ended data query process, which allows the user to easily address all reporting needs. Although the sealed bid method of procurement would normally be used, it is not practicable or fiscally advantageous to the public in procuring the above services. The experience, qualifications, and references of firms that can provide the above listed services are of equal, if not greater, importance than the cost. Issues of experience in the development of a complete Parking Management solution, quality of reports, reputation of the software developer, and pricing advantages are of vast importance in the areas of services for the Police Department, Billings and Collections, and Department of Technology. Additional issues, other than price, for the software design, platform, functionality, reliability, and adaptability to interfaces must be taken into 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 April 1, 2002 Page 2 account. The procurement of this system and software services must include a means to evaluate the quality of services to be provided in areas such as customer responsiveness, manpower allocation and financial management. Therefore, the process of competitive negotiation using the request for proposal has been identified as the best method for procurement of these services. Considerations: The Code of the City of Roanoke provides, as an alternate method of procurement to using the bid process, a process identified as "competitive negotiation." Prior approval by Council is necessary before the alternate method may be used. See City Code Section 23.1-4 (e). This method will allow for negotiations with two (2) or more providers to determine the best qualified at the most competitive price or rate. Recommended Action: City Council authorize the use of competitive negotiation as the method to secure vendors to provide appropriate services as identified in this letter. Respectfully submitted, Darlene L.~ m~~~j~J' City Manager DLB: js C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Barry L. Key, Director of OMB Joe D. Slone, Director of Technology Robert L. White, Purchasing Manager #CM02-00056 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #24-57-60-289-514-555 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35792-040102 amending, reordaining, and renaming §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. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1, 2002, and will be in full force and effect ten days following the date of adoption. Mary F. Parker, CMC City C~erk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agenda.02',April l, 2002 correspondence (rough)wpd.wpd ~ ' Darlene L. Burcham April 3, 2002 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Elizabeth A. Neu, Director of Economic Development A. L. Gaskins, Chief of Police Judy Evans, Acting President, Downtown Roanoke, Inc., 310 1st Street, S. W., Roanoke, Virginia 24011 H:~Agenda.02~pdl l, 2002 correspondence (rough)wpd.wpd - ~ 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2002. No. 35792-040102. AN ORDINANCE amending, reordaining, and renaming §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 sidewalks, right-of-way that has been closed to vehicular traffic by City Council during the applicable hours, 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 03/20/02 permittee, the city manager shall be authorized to remove any items previously 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 03/20/02 with the provisions in this section. Violation of any of such terms or conditions may result in revocation of a permit. (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 of the public sidewalks, right-of-way that has been closed .to vehicular traffic by City Council during the applicable hours, 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 03/20/02 3 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 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. 03/20/02 4 Office of the City Manager April 1, 2002 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Outdoor Dining. Amendment of Section 30-9.1 of the Code of the City of Roanoke (1979), as amended. Background: A committee, made up of city staff, business leaders and DRI staff, reviewed and made recommendations to amend Section 30-9.1 of the City Code to allow restaurants to use the sidewalks, designated streets, and other public property in Roanoke's commercially zoned areas. Current section 30-9.1 of the City Code permits such activities in only the C-3 Central Business District. After the amendment, and implementation of a new Permit Application, restaurants will be allowed to use portions of sidewalks throughout the City, specially designated streets, and other public property for outdoor dining purposes. The committee evaluated and addressed many issues and regulations surrounding outdoor dining, including ADA compliance, zoning, ABC, health department, pedestrian safety, policing, trash collection, and traffic. Such issues will be addressed in regulations promulgated by the City Manager, and the amended Ordinance will include establishing new fees to be included in the Fee Compendium. These fees may need to be modified in the future to address increased or decreased expenditures in the operation of the areas. The Board of Downtown Roanoke, Inc. (DRI) voted to approve the Outdoor Dining Ordinance changes and the regulations outlined in the application on March 12, 2002. 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 April 1, 2002 Page 2 Recommendations: City Council adopt the ordinance amending Section 30-9.1, of the Code of the City of Roanoke (1979), as amended, and amend the Fee Compendium. Respectfully submitted, ~)arlene L. Burdha)m City Manager DLB:sks c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Steven J. Talevi, City Attorney Mary F. Parker, City Clerk George C. Snead, Assistant City Manager Robert K. Bengtson, Director of Public Works Elizabeth Neu, Director of Economic Development Judy Evans, Acting President, DRI CM02-00055 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #20-24-277-553-556 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35794-040102 establishing a program providing for free parking for certain downtown residents in certain City-owned or City-controlled parking garages as recommended by the City Manager's letter and attachment dated April 1,2002. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Judy Evans, Acting President, Downtown Roanoke, Inc., 310 1st Street, S. W., Roanoke, Virginia 24011 Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works Deborah J. Moses, Parking Coordinator, Economic Development H:LAgenda.02XApril 1,2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of Apr±i, 2002. No. 35794-060102. A RESOLUTION establishing a program providing for free parking for certain downtown residents in certain City-owned or City-controlled parking garages as recommended by the City Manager's letter and attachment, dated April l, 2002. WHEREAS, this Council seeks to encourage persons living downtown; and WHEREAS, the provision of adequate parking in the downtown area is critical to the success of City Council's goal of encouraging downtown housing; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council approves and hereby establishes the program to provide certain downtown residents free parking in certain City-owned or City-controlled parking garages, the details of which are set forth in the City Manager's letter and attachment, dated April l, 2002. 2. This program shall take effect upon the adoption of this resolution and shall be effective for one year with the option to renew the program for two additional one year terms at the discretion of the City Manager. ATTEST: City Clerk. '~: \PAR~.HG DO~IiTO~I~ ~ESY. D~qTS ~$.DOC~a~'king Downtown R~s£d~nts CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #20-24-277-553-556 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35793-040102 amending Section 20-77 through and including 20-80 of Division 2 Residential Parkinq Permits, of Article IV, Stopping, Standing and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the City's residential parking permit system; and amending the City's Fee Compendium to establish certain fees for such permits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia H:XAgenda.02~.pril 1, 2002 correspondence (rough)wpd.wpd Darlene L. Burcham April 3, 2002 Page 2 pc~ The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Jose'ph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable'Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Judy Evans, Acting President, Downtown Roanoke, Inc., 310 1st Street, S. W., Roanoke, Virginia 24011 Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance Robert K. Bengtson, Director, Public Works George C. Snead, Jr., Assistant City Manager for Operations A. L. Gaskins, Chief of Police H:~Agenda.02~April 1, 2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ist day of Apr±l, 2002. I%. 35793-0/40102. AN ORDINANCE amending Section 20-77 through and including 20-80 of Division 2 Residential Parking Permits, of Article IV, Stopping. Standing and Parking, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, amending the City's residential parking permit system; amending the City's fee compendium to establish certain fees for such permits; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-77 through and including 20-80 of Division 2 Residential Parking Permits, of Article IV, Stopping. Standing and Parkinff_, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Article IV. Stopping Standing and Parking DIVISION 2: RESIDENTIAL PARKING PERMITS §20-77. Residential Parking Permit Policy. This division is adopted in order to manage traffic on public streets within residential areas and within the Downtown Service District; to reduce hazardous traffic conditions caused by the use of such streets for vehicular parking; to protect residential, areas fi.om unreasonable noise and disturbance; to provide residents reasonable access to their residences; to protect and preserve the peace, tranquility, convenience and character of residential neighborhoods located in close proximity to commercial areas of the city, and to provide downtown residents with reasonable access to parking within the Downtown Service District (DSD). §20-78. Definitions Parkingpermit area shall mean a block, road, street, or other area within the city in which the general parking of vehicles is restricted but vehicles properly displaying a valid permit or visitors pass are exempted from the posted restriction. Downtown Service District (DSD) has the boundaries of the downtown service district as set out in Section 32-102.2 of this Code. §20-79. Designation & Revocation of Parking Permit Areas (a) The city manager may designate, by written directive, parking permit areas within the city. Prior to making such designation, the city manager may call for a parking study and shall conduct a community meeting(s) at which interested parties may be heard on the proposal to designate the subject area as a parking permit area. At least seven days prior to the meeting, public notice shall be published in a newspaper of general circulation in the city. The city manager may also use any other means of notification deemed appropriate. Within thirty (30) days after completion of the last community meeting, the city manager, based upon the considerations set forth in 20-77, shall approve or disapprove the designation of the area as a parking permit area and, if approved, establish the subject parking regulation thereatter. In the case of the Downtown Service District (DSD) a public meeting and notification thereof is not required; however, the City Manager shall seek community input through various means such as recommendations from Downtown Roanoke Inc. (DP-d). After the receipt of community input regarding potential designation of an area, within the DSD as a parking permit area, the City Manager may establish the subject parking regulation. (b) The city manager may revoke the designation of the parking permit area at anytime. (c) The authority granted herein shall be in addition to, and may be exercised in conjunction with, any other authority the city manager may have to regulate the times and conditions of motor vehicle parking. §20-80. Permits Generally (a) Following the designation of a residential permit parking area by the city manager, the city treasurer shall issue annual residential parking permits for the area so designated. Each adult resident within the DSD will be allowed one application. Permit parking areas outside the DSD will be limited to one application from each household. (b) An applicant for a permit shall present his or her motor vehicle registration(s) and operator's license indicating residence in the designated permit area. No (c) (d) (e) (0 (h) permit shall be issued if the residential address displayed on the vehicle registration(s) or the operator's license is other than in the designated area. Upon application and payment of the prescribed fee, one (1) permit shall be issued for each motor vehicle registration presented, not to exceed one (1) permit per adult resident within the DSD or a maximum of four (4) permits per household outside the DSD. Each applicant fi.om areas outside the Downtown Service District (DSD) shall also be issued two (2) complimentary visitor's passes per household. Visitor passes will not be issued for residents within the DSD. Permits shall be displayed on the left rear bumper of the resident's vehicle. Visitor passes shall be displayed in the left rear window. Permits issued pursuant to this section shah not be transferable, except as provided in §20-83, and may be revoked by the city treasurer in the event the treasurer determines that the owner of the permit no longer resides in the designated area. Upon written notification of such revocation, the holder of the permit shall surrender such permit to the city treasurer. Replacement permits and passes shall be issued for lost, damaged or stolen permits or passes (where applicable) upon proof of such loss, damage or theft. Damaged permits or passes must be produced as proof under this section. Verification of loss or theft by a police incident report shah be sufficient proof of loss or theft of any such permit or pass under this section. One time "Special Event" parking requiting multiple parking spaces may be authorized upon application and approval of the city manager. Participation in this program and possession of a residential parking permit shah in no way guarantee an individual the availability of a parking space within their block nor shall it exempt vehicles fi.om posted or statutory parking restrictions unless explicitly posted within the designated area. 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, shah be amended so the annual permit fee of five dollars ($5.00) applies to each residential unit within the DSD for a maximum of one (1) permit per adult resident within the residential unit in the DSD. 3. In order to provide for the usual 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:'~l~asureakl)owmown Rezid~tia! Pattcing Permit Ordinaace.doc Office of the City Manager April 1, 2001 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: Downtown Residential Parking Background: In 1998, representatives from Downtown Roanoke, Incorporated (DRI) and City of Roanoke staff met with Downtown housing developers regarding the need for Downtown residential parking. Developers identified such parking as being critical to the success of Downtown living. This led to a strategy by which Downtown residents would be able to park for free in City-owned parking garages. City Council approved this strategy on July 6, 1998 for a period of three years. As of July 2001, 18 residents were making use of this parking provision. Since that time, staff and DRI have been evaluating that parking strategy in conjunction with other measures to further improve Downtown residential parking. Also, at Council's October 18, 2001 meeting, Council adopted an ordinance that provided certain Roanoke neighborhoods with a process by which it is now possible to create parking permit areas to allow greater access to residents to on-street parking near their homes. To date, no applications have been made under this process. At that Council meeting, staff indicated that those regulations were not designed to address residential parking in the Downtown area. In seeking input from Downtown residents, staff learned that these residents recognize that they do not have, nor are they likely to ever have, the benefit of a guaranteed parking space at their front doorstep that many residents in neighborhoods now enjoy. However, they believe there is a need to provide some parking benefits that would serve as an incentive for moving to and staying Downtown. Likewise, developers of Downtown residences continue to seek some assurances that more opportunities for residents to park downtown are available. This is important to developers as it helps in securing financing for their residential projects. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roano ke.va.us Mayor and Members of Council April 1, 2002 Page 2 Residents identified four (4) issues that are important to their decision to move into and remain in Downtown: Increase the availability of parking or loading zones, especially between the hours of 6AM and 6PM. This is viewed as particularly desirable for unloading items such as groceries in close proximity to their residences. 2. Allow unrestricted parking in timed parking spaces for nights and weekends. 3. Continue to allow free parking in City-owned parking garages for Downtown residences. 4. Provide for an enhanced feeling of security along the walking paths between residences and parking areas, as well as in the parking garages themselves. In response to these issues, staff advised the residents that permit parking for areas could be established in strategically placed locations for the use of residents that purchase a permit. While existing timed parking restrictions would remain in effect at those locations for use by vehicles without a permit (such as in 15 minute, 30 minute or 1 hour parking zones), the permitted vehicle would have the convenience of parking for a longer period of time (at any time of day) in any permit-parking zone as designated by the City Manager. As an example, if a permitted vehicle were allowed to park for two hours in any parking zone between 6 AM and 6 PM, extending permit parking to the Downtown area could effectively allow a Downtown resident to park from 4 PM in the afternoon to 8 AM the following morning without having to move his vehicle. This program includes a $5 fee per residential unit and a limit of one (1) permit per licensed adult resident. Staff also advised the residents that the previous free parking program for residents in Downtown parking garages could be reestablished. This provides residents with the option of 24-hour, uninterrupted parking, when the convenience of on-street parking is not necessary. Provisions for this program are listed on the attachment. There will also be a need to continue to provide appropriate safety measures in these garages as well as along the walking paths to and from residences. Reaction to these proposals has been generally supportive. There continue to be business owners and residents that would advocate either extreme on this issue, that is, those that desire no designated on-street parking for residents due to the impact on business and there are those who believe that on-street parking should be made available at certain locations without restriction, allowing 24~hour resident parking at all times. Mayor and Members of Council April 1, 2002 Page 3 Recommended Action: City Council adopt the resolution reestablishing the program to provide residents within the Downtown Service District free parking in certain City-owned or City-controlled parking garages and authorize the amendment of the City Code, Division 2, Residential Parking Permits, within ^rticle IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, to include the Downtown Service District as an eligible neighborhood in the residential parking permit program; and amend the City's fee compendium to provide for the permit fees. Sincerely, City Manager DLB/RKB/gpe C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse ^. Hall, Director of Finance Robert K. Bengtson, P.E., Director of Public Works CM02-00054 Provisions for Residential Parking in Certain City-owned or City-controlled Parking Garages Attachment · Residents of Downtown shall be permitted to park for no charge in certain City-owned or City-controlled parking garages (the one nearest their housing) at any time. This would be limited to up to two (2) vehicles per residential unit, based upon the number of occupants (if only one resident, then only one vehicle). The garages to which the program applies shall be Church Avenue, Century Station, Market Square, First Union Tower, and Williamson Road. Vehicles shall be required to display a current City Of Roanoke parking tag that would be issued by the manager of the parking garage and renewed every year. A resident of Downtown is defined as someone who is living in the area defined as the Downtown Service District south of the railroad tracks and who can show proof of residency through a rental agreement, property tax bill, current utility bill, or current telephone bill that shows a physical residential address within such area. The resident must also possess a current vehicle registration with such vehicle registered in the name of the resident. · Parking is subject to availability in these garages. · The manager of the parking garage will enforce parking usage in the City- owned or City-controlled parking garages. · Downtown Roanoke, Inc., will certify that parking applicants meet the resident criteria. · Parking tags will be revoked if found on vehicle other than those of the Downtown resident. · The City of Roanoke will not dismiss parking tickets issued to vehicles with expired parking tags. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #20-24-277-553-556 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk 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, April 1, 2002, Council Member Wyatt requested'that residential parking spaces in downtown Roanoke not be clustered together. Mary F. Parker, CMC City Clerk MFP:mh H:L&genda.02LApril 1,2002 correspondence (rough)wpd.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #2-60 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 35795-040102 amending and reordaining certain sections of the 2001-02 Transportation Fund Appropriations, providing for appropriation of $205,000.00, with regard to purchase of property from Virginia Vaughan, described as Official Tax Nos. 1010409-1010411, inclusive. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Management and Budget Elizabeth A. Neu, Director of Economic Development H:~Agenda.02XApril 1,2002 correspondence (rough)wpd.wpd ~, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 1st day of April, 2002. No. 35795-040102. 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: ADDreDriations Capital Outlay $ 205,000 Salem Avenue Parking Lot (1) ................................ 205,000 Retained Earnings Retained Earnings - Available for Appropriation (2) ................. $ 11,768 1 ) Appropriated from General Revenue 2) Retained Earnings - Available for Appropriation (007-430-8252-9003) $ 205,000 (007-3348) (205,000) 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 April 1, 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 On March 18, 2002, Council approved the purchase of the above three parcels of real estate. 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. Funding for the purchase of the parcels is available in Transportation Fund retained earnings and needs to be appropriated at this time. Recommended Action: Appropriate funding of $205,000 from retained earnings of the Transportation Fund to an account to be established by the Director of Finance. Respectfully submitted, City Manager DLB:clw c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry L. Key, Director of Management and Budget Elizabeth A. Neu, Director of Economic Development #CM02-00062 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 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #27 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35796-040102 authorizing and directing the City Manager to execute for and on behalf of the City, a Consent Order with the Commonwealth of Virginia State Water Control Board and the Department of Environmental Quality resolving certain issues regarding the City's Regional Water Pollution Control Plant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Sincerely, 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 Michael T. McEvoy, Director of Utilities Stephen S. Shirley, Wastewater Manager Stewart A. Lassiter, P. E., Finkbeiner, Pettis & Strout, Inc., 380 Cleveland Place, Virginia Beach, Virginia 23462 N:\CKMHl~Agenda.02~April 1, 2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of Apr±l, 2002. No. 35796-040102. A RESOLUTION authorizing and directing the City Manager to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia State Water Control Board and the Department of Environmental Quality (DEQ) resolving certain issues regarding the City's Regional Water Pollution Control Plant, upon certain terms and conditions; and authorizing the City Manager to take such further action and to execute and provide such further documents as may be necessary to comply with or implement the provisions of such Consent Order. BE IT RESOLVED by the Council of the City of Roanoke as follows: · 1. The City Manager is hereby authorized and directed to execute for and on behalf of the City a Consent Order with the Commonwealth of Virginia State Water Control Board and the Department of Environmental Quality resolving certain issues regarding the City's Regional Water Pollution Control Plant, upon certain terms and conditions, with the form of the Consent Order to be approved by the City Attorney, all as set forth in the City Manager's letter to this Council dated April 1, 2002. 2. The Consent Order shall contain terms and conditions substantially similar to those set forth in the draf~ Consent Order attached to the above mentioned City Manager's letter. 3. The City Manager is further authorized to take such further action and to execute and provide such further documents as may be necessary to comply with and implement the provisions of such Consent Order, including, but not limited to any necessary contracts or agreements with third parties to complete the projects mentioned in the Consent Order and further to take such action as may be necessary and appropriate and to enter into such additional necessary contracts or agreements with third parties in order to implement and complete the items as called for by such Consent Order. 4. By adopting this Resolution, City Council hereby expresses its intent to fund, either through prior, simultaneous, or future appropriations, the funds required for complying with the terms of the Consent Order. ATTEST: City Clerk. H:X_Measures~xm~t order water polluntio~ co. roi plant 2002.doe Office of the City Manager April 1,2002 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: Water Pollution Control Plant Consent Order with the Virginia Department of Environmental Quality and the State Water Control Board The Virginia Department of Environmental Quality (DEQ) is requesting that the City of Roanoke enter into a Consent Order (a draft is attached) to resolve certain permit issues and exceedences regarding the operation of the City's Re.gional Water Pollution Control Plant. The Consent Order contains dates for submission of reports and requirements to complete infrastructure improvements. The Consent Order provides regulato .ry relief with regard to certain requirements until the existing WPC plant permit expires in February 2004. Negotiations to develop the Consent Order included representatives of the City's partnering jurisdictions as well staff from the City and DEQ. Representatives of the partnering jurisdictions are familiar with the impacts to their systems that the Consent Order will generate. Recommended Action: Authorize the City Manager to execute a Consent Order on behalf of the City with the State Water Quality Control Board and the Department of Environmental Quality that will contain terms and conditions substantially similar to the draft Consent Order attached to this letter. 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 April 1,2002 Page 2 Authorize the City Manager to take such further action and execute and provide further documents as may be necessary to comply with and implement the Consent Order, including necessary contracts or agreements with third parties, to complete the projects mentioned in the Consent Order. Funding required for these projects will be made under separate requests. uarlene L. ~urcnam City Manager DLB/MTM C; Mary F. Parker, City Clerk Vvilliam M. Hackworth, City Attorney Jesse Hall, Director of Finance George Snead, Assistant City Manager for Operations Mike McEvoy, Director of Utilities Scott Shirley, VVPC Plant Manager Stewart Lassiter, FPS Engineers (Partner Jurisdictions Representative) March 21, 2002 DEQ Draft STATE WATER CONTROL BOARD ENFORCEMENT ACTION SPECIAL ORDER BY CONSENT ISSUED TO THE CITY OF ROANOKE FOR THE ROANOKE REGIONAL WATER POLLUTION CONTROL PLANT (VPDES Permit No. VA0025020) SECTION A: Purpose This is a Consent Special Order issued under the authority of Va. Code §62.1-44.15(8a) by the State Water Control Board to the City of Roanoke for the purpose of resolving certain alleged violations of State Water Control Law and the Regulations. SECTION B: Definitions Unless the context clearly indicates otherwise, the following words and terms have the meaning assigned to them below: 1. "Va. Code" means the Code of Virginia (1950), as amended. 2. "Board" means the State Water Control Board, a permanent citizens' board of the Commonwealth of Virginia as described in Va. Code §§ 62.1-44.7 and 10.1-1184. 3. "Department" or "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia as described in Va. Code § 10.1-1183. 4. "Director" means the Director of the Department of Environmental Quality. 5. "Order" means this document, also known as a Consent Special Order. 6. "Plant" means the Roanoke Regional Water Pollution Control Plant, which operates under VPDES Permit No. VA0025020. Page 2 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant 7. "WCRO" means the West Central Regional Office of DEQ, located in Roanoke, Virginia. 8. "Permit" means VPDES Permit No.VA0025020, which was reissued to the City of Roanoke to operate the Roanoke Regional Water Pollution Control Plant on February 18, 1999. 9. "Regulations" means the Permit Regulation, 9 VAC 25-31-10 et seq. 10. "City" means the City of Roanoke, Virginia. 11. "Inflow and Infiltration" or "I&I" means non-sewage waters entering the sanitary sewer system. 12. "VDH" or "Health Department" means the Virginia Department of Health. 13. "Bypass", as defined at 9 VAC 25-31-10, means the intentional diversion of waste streams from any portion of a treatment facility. 14. "Overflow" means a discharge of wastewater from a sanitary sewer collection or transmission system. SECTION C: Department's Findings of Fact and Conclusions of Law On August 10, 1992, the City entered into a consent special order C1992 Order") with the Board. The 1992 Order included provisions for I&I reduction. On April 30, 1997, the 1992 Order was amended ("1997 Amendment"). The 1997 Amendment included interim effluent limitations and a facility upgrade schedule for the Plant. The facility upgrade was intended to increase the capacity of the Plant from 35 million gallons per day ("MGD") to 62 MGD. On December 10, 1999, the Board issued another order ("1999 Order") that superceded the requirements of the 1992 Order and the 1997 Amendment. The 1999 Order extended the deadlines for completion of the facility upgrade and I&I reduction projects required under the 1997 Amendment. The Plant upgrade and expansion completion deadline under the 1999 Order was February 15, 2000. The I&I reduction project completion deadline under the 1999 Order was May 1, 2000. 2. Although upgrades to the Plant were completed as of the deadline in the 1999 Order, the upgrades did not result in the expected increase in capacity. The Plant bypassed via outfall 003 on July 24-27, 2000, July 30, 2000, September 1 and 19, 2000, March 22, 2001, March 30, 2001, May 22-25, 2001, August 2 and 24, 2001, and March ,2002. 4. On August 31, 2000, VDH and DEQ issued a Certificate to Operate ("CTO") for operation of Page 3 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant the Plant as a 42-MGD facility. In early 2001, the City performed a capacity evaluation of the Plant. The results of that evaluation are reported in a document dated May 7, 2001 prepared by Ronald E. Benson, Ph.D, P.E., titled Capacity Evaluation Study City of Roanoke Water Pollution Control Plant. That study indicated that under ideal conditions the Plant may be able to treat 52 MGD. o On October 27, 2000, the Department issued Notice of Violation ("NOV") No. 00-10- WCRO-020 to the City. Violations alleged by the NOV included overflows, bypasses, and effluent limit violations. On July 19, 2001, the Department issued NOV No. W2001-07- WCRO-006 to the City. Violations alleged by the NOV included overflows, bypasses, and effluent limit violations. On November 20, 2001, the Department issued NOV No. W2001- 1 I-W-0006. Violations alleged by the NOV included bypasses. 6. This Order addresses issues related to alleged bypasses and alleged effluent limits violations at the Plant. SECTION D: Agreement and Order Accordingly, the State Water Control Board, by virtue of the authority granted it in {}62.1- 44.15(8a), orders the City, and the City agrees to perform the actions described in Appendix A of this Order. The Board and the City understand and agree that the purpose of the activities required under Appendix A of this Order is to prevent bypass discharges except as provided in Part II.U of the Permit and at 9 VAC 25-31-190.M and that improvements planned by the City under Appendix A shall be designed to prevent unauthorized bypasses. Such improvements shall include increases in both treatment and equalization capacities. The Board and the City understand and agree that the interim limits specified in Appendix B of this Order and the authorization for bypasses as specified in Paragraph 1 of Appendix A of this Order expire no later than February 18, 2004. SECTION E: Administrative Provisions 1. The Board may modify, rewrite, or amend the Order with the consent of the City, for good cause shown by the City, or on its own motion after notice and oppommity to be heard. This Order only addresses and resolves those alleged violations relating to bypasses and effluent limit violations specifically identified herein, including those addressed in NOV No. 00-10-WCRO-020, NOV No. W2001-07-WCRO-006, and NOV No. W2001-1 I-W-0006. This Order shall not preclude the Board or the Director from taking any action authorized by law, including but not limited to: (a) taking any action authorized by law regarding any additional, subsequent, or subsequently discovered violations; (b) seeking subsequent remediation of the facility as may be authorized by law; or (c) taking subsequent action to Page 4 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant enforce this Order. This Order shall not preclude appropriate enforcement actions by other federal, state, or local regulatory authorities for matters not addressed herein. o For purposes of this Order and subsequent actions with respect to this Order, the City admits the jurisdictional allegations in this Order, but does not admit the factual allegations or legal conclusions contained herein. The Department and the City agree that the actions undertaken by the City in accordance with this consent order do not constitute an admission of any liability by the City. The City does not admit, and retains the right to controvert in any subsequent proceedings other than proceedings to implement or enforce this Order, the validity of the Statement of Facts or Determinations contained in Section C of this Order. The City declares it has received fair and due process under the Administrative Process Act, Va. Code §§ 9-6.14:1 et seq. and it waives the right to any hearing or other administrative proceeding authorized or required by law or regulation, and to any judicial review of any issue of fact or law contained herein. Nothing shall be construed as a waiver of the right to any administrative proceeding for, or to judicial review of, any action taken by the Board or the Director to enforce this Order. o Failure by the City to comply with any of the terms of this Order shall constitute a violation of an order of the Board. Nothing herein shall waive the initiation of appropriate enforcement actions or the issuance of additional orders as appropriate by the Board or the Director as a result of such violations. Nothing herein shall affect appropriate enforcement actions by any other federal, state, or local regulatory authority. 6. If any provision of this Order is found to be unenforceable for any reason, the remainder of the Order shall remain in full force and effect. The City shall be responsible for failure to comply with any of the terms and conditions of this Order unless compliance is made impossible by earthquake, flood, other acts of God, war, strike, or such other occurrence. The City shall show that such circumstances were beyond its control and not due to a lack of good faith or diligence on its part. The City shall notify the WCRO Regional Director in writing when circumstances are anticipated to occur, are occurring, or have occurred that may delay compliance or cause noncompliance with any requirement of this Order. Such notice shall set forth: (a) the reasons for the delay or noncompliance; (b) the projected duration of any such delay or noncompliance; (c) the measures taken and to be taken to prevent or minimize such delay or noncompliance; and (d) the timetable by which such measures will be implemented and the date full compliance will be achieved. Failure to so notify the WCRO Regional Director within forty-eight hours of learning of any condition above, which the parties intend to assert will result in the impossibility of compliance, shall constitute a waiver of any claim of inability to comply with a requirement of this Order. Page 5 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant 8. This Order is binding on the parties hereto, their successors in interest, designees and assigns, jointly and severally. This Order shall become effective upon execution by both the Director or his designee and the City. Notwithstanding the foregoing, the City agrees to be bound by any compliance date that precedes the effective date of this Order. 10. This Order shall continue in effect until either: a) the City petitions the Director or his designee to terminate the Order after it has completed all of the requirements of the Order and the Director or his designee approves the termination of this order, or b) the Director or Board terminates the Order in his or its sole discretion upon 30 days written notice to the City. Termination of this Order, or any obligation imposed in this Order, shall not operate to relieve the City from its obligation to comply with any statute, regulation, permit condition, other order, certificate, certification, standard, or requirement otherwise applicable. 11. By its signature below, the City voluntarily agrees to the issuance of this Order. And it is so ORDERED this day of .,2002. Robert G. Bumley, Director Department of Environmental Quality Commonwealth of Virginia City/County of The foregoing instrument was acknowledged before me this by ., who is day of Department of Environmental Quality, on behalf of said Department. ,2002, of the My commission expires: Notary Public Page 6 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant The City of Roanoke voluntarily agrees to the issuance of this Order. By: Date: Commonwealth of Virginia City/County of The foregoing instrument was acknowledged before me this by , who is City of Roanoke, on behalf of said City. day of ,2002, of the My commission expires: Notary Public Page 7 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant APPENDIX A 1. The following conditions are applicable to bypass discharges from PS003 at the Plant: ao A bypass discharge occurring before February 18, 2004, when the estimated average daily influent flow for the previous 72 hours was less than or equal to 42 MGD, shall be deemed a violation of this Order, except as provided in Part II.U of the Permit and at 9 VAC 25-31-190.M. bo Not later than May 1, 2002, the City shall submit to DEQ for review and approval a plan for monitoring plant operations preceding, during, and subsequent to bypasses. Upon written approval of that plan by DEQ, the City shall comply with the approved plan. In addition, the City shall perform measurements of fecal coliform and the kilograms ofBODs, TKN, TP, and TSS discharged via outfall 003. Such measurements shall be grab samples only but shall conform to analysis requirements contained in the Permit. The City is only required to collect one sample of each parameter per day per event. The City shall have 10 days after the last day of bypass to submit the data from this sampling and the information required by the bypass-monitoring plan. The Department agrees that any such data collected by the City under the terms of this Paragraph shall not be included in the regular monthly operating reports sent to the Department but shall be sent under a separate cover letter. The City is not required to continue sampling of Outfall 003 after February 18, 2004. 2. Effluent limitations in effect at outfall 001 for the term of this Order are as follows: a° The City shall comply with the effluent limitations specified in the Permit when the estimated average daily influent flow in a given month is less than or equal to 42 MGD. b. The City shall comply with the effluent limitations specified in Appendix B of this Order when the estimated average daily influent flow in a given month is greater than 42 MGD. The following actions shall be completed with respect to disinfection of bypasses from outfall 003: ao bo Not later than April 1, 2002, the City shall submit for review and approval a plan describing bypass disinfection. Within 60 days of issuance of a Certificate to Construct ("CTC") by VDH for bypass disinfection, the City shall complete construction of the disinfection Page 8 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant method. Co Within 5 days of completion of construction, the City shall submit a written completion notice and Certificate to Operate ("CTO") issuance request to VDH and DEQ. Upon issuance of the CTO by VDH for the disinfection method, the City shall disinfect any bypass discharged via outfall 003 by that method. The following actions shall be completed with respect to measures intended to increase both treatment and equalization capacities of the Plant: ao Not later than April 1, 2002, the City shall submit for review and approval a capacity and equalization improvement measures Preliminary Engineering Report ("PER"). bo Not later than March 15, 2003, the City shall submit for review and approval draft (90% complete) plans for capacity and equalization improvement measures Co Not later than May 1, 2003, the City shall submit for review and approval final Plans and Specifications ("P&S") for capacity and equalization improvement measures. do The City may submit a request for amendment to this Order after a CTC has been issued by VDH for the capacity and equalization improvement measures. eo Not later than September 1, 2003, the City shall commence construction of capacity and equalization improvement measures. If a CTC has not been issued by VDH by June 1, 2003, then the City may request an extension from the Department of the commencement of construction deadline. The extension requested by the City may consist of the addition of one calendar day to the September 1, 2003 deadline to commence construction of capacity and equalization measures for each calendar day past June 1, 2002 until the actual date the CTC is issued. o By July 1, 2002, the City shall submit a written report that: i) identifies the location of each flow metering device in its sewage collection system, ii) identifies flow meters with upper capacity limits insufficient to accurately record high flow, and iii) designates locations within its collection system to install flow meters to measure flow within the City's collection system. o By October 1, 2002, the City shall install flow meters in its sewage collection system that are capable of accurately recording normal and expected high flows at the locations Page 9 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant identified in its report required under Paragraph 5 above. By October 1, 2002, the City shall upgrade all flow metering devices in the sewage collection system so that the flow meters are capable of accurately recording normal and expected high flows entering the City's collection system from the City of Salem, the Town of Vinton, and the Counties of Roanoke and Botetourt. The City shall submit a letter reporting progress on compliance with items required herein on January 10, April 10, July 10, and October 10 of each year. The last quarterly progress report will be due on January 10, 2004. All items required to be submitted by this Order shall be submitted concurrently to VDH and to the West Central Regional Office of DEQ. Page 11 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant APPENDIX B Bo INTERIM EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS As specified at Appendix A, Paragraph 2 herein, during the period beginning with the effective date of this Order and lasting until such time as either a CTO for a 62 MGD facility is issued, the Permit is modified or reissued with new final limits, or February 18, 2004, whichever comes first, the permittee is authorized to discharge fxom outfall serial number 001. The City shall comply with the effluent limitations specified in the Permit when average daily influent flows in a given month are less than or equal to 42 MGD. The City shall comply with the effluent limitations specified below when average daily influent flow in a given month is greater than 42 MGD. Such discharges shall be limited and monitored by the permittee as specified below: DISCHARGE LIMITATIONS EFFLUENT CHARACTERISTICS_ Monthly Average Weekly Average Minimum Flow, (MGD)a) NL NA NA pH (Standard Units) NA NA 6.5 BOD~ 5.0 mgtl 7.5 mg/INA NL Total Suspended Solids 2.5 mg/l 5.0 rog/INA NL Fecal Coliform (Nil 00 mi) 200* NA NA Dissolved Oxygen (mg/1) NA NA 6.0 Total Phosphorus 0.2 mg/I 0.3 mg/lNA Cyanide, Total (as CN) 8.1 [tg/1 10.0 [tg/l NA Total Kjeldabl Nitrogen (April - Sept.) 2.0 mg/l 3.0 mg/INA NL Total Kjeldahl Nitrogen (Oct. - March) 4.0 mg/l 5.0 rog/INA NL Nickel, Total Recoverable 29.6 gg/1 36.4 p.g/I NA Chromium, Hexavalent 7.7 gg/l 9.5 pg/l NA Mercury, Total Recoverable 0.014 !agtl 0.018 gg/I NA Selenium, Total Recoverable 5.1 Ixgtl 6.2 !agtl NA Total Residual Chlorine (TRC)3 3.1 gg/l 3.9 ggtl NA NL Maximum NL 9.0 l/Day l/Day NL NL I/Day NL l/Day l/Day NL NL NL NL NL MONITORING RF~UIREMENTS Freauenc~ Continuous 1/Day 24 HC 24 HC l/Day l/Day 2D/Month 24 HC 24 HC 2D/Month 2D/Month 2D/Month 2D/Month 1/Day Grab Grab 24 HC Grab 24 HC Grab 24 HC 24 HC Grab Page 12 of 12 Special Order by Consent City of Roanoke - Roanoke Regional Water Pollution Control Plant T/I/R = Totalizing, Indicating, Recording; NA = Not applicable; NL = No Limitation, monitoring required; 24 HC = 24 hour composite * Geometric Mean 3. 4. 5. 6. The design flow of this treatment facility is 42 MGD. See Part I.B of the Permit for additional TRC limitations and monitoring requirements. See Part I.C of the Permit for Quantification Levels and Reporting requirements for metals, cyanide, and TRC. See Part I.G.5 of the Permit for additional monitoring requirements. There shall be no discharge of floating solids or visible foam in other than trace amounts. April 1,2002 CITY OF ROANOKE DEPARTMENT OF FINANCE P.O. Box 1220 215 CHURCH AVE., SW ROANOKE, VA 24006 Telephone: (540) 853-2821 Fax: (540) 853-6241 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William O. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: February Financial Report This financial report covers the first eight months of the 2001-2002 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 1.55% or $1,394,000 compared to FY01. Variances in specific categories of revenues are as follows: General Property Taxes decreased 2.39% or $659,000. The first installment of real estate tax, the largest tax collected by the City, was due on October 5 and the second installment will be due April 5th. Real estate tax revenues through the end of February have declined due to the earlier receipt of revenue in the prior fiscal year. This category is anticipated to meet targeted revenue estimates as the second installment is fully collected. Personal property taxes, the second largest tax, are due May 31st. Other Local Taxes increased 0.90% or $295,000. Sales tax declined 1.91% or $205,000 from the prior year, a reflection of the economic decline experienced in recent months. This tax is expected to improve as we close the fiscal year, yet continue to under perform our budgeted estimate. Gas utility tax decreased due to a mild fall and winter. Cigarette and transient room tax rate increases have generated additional revenues, but the revenue growth has not been commensurate to the tax rate increases. The increased cigarette tax revenue will be dedicated to debt service for the series 2002 bonds. The increased transient room tax revenues are being used to fund an additional contribution to the Roanoke Valley Convention and Visitors Bureau. Cellular phone utility tax is also up due to the increasing number of subscribers, and The Honorable Mayor And Members of City Council April 1,2002 Page 2 prepared food and beverage taxes are up approximately 3%. Business license tax (BPOL) was due March 1. Based on revenue received to date, this tax will perform at approximately the same level as FY01. While no growth is anticipated, it is notable that revenue didn't decline due to the recession of 2001. Permits, Fees and Licenses are up $116,000 or 20.87% due to increases in rates charged for building, electrical and plumbing inspections as well as the establishment of new construction-related fees. Fines and Forfeitures rose 27.15% or $153,000. General District Court fines increased 19%, and revenues from parking tickets rose almost 50% as compared to the prior year. Civilianizing of the ticketing function combined with an increase in parking fines has led to an increase in parking ticket revenues. Grants-In-Aid Commonwealth increased $1,227,000 or 5.21%. Revenues from the State for the Comprehensive Services Act (CSA) have risen on a year-to-date basis, and Foster Care revenues are also up. Reimbursement from the State for street construction and maintenance, which is based on the number of lane miles of state highway maintained by the City, is up from the prior year. Jail block grant revenues are up due to an increased number of state inmates housed at the City Jail. Revenue from the State to operate the E-911 wireless system is new this year, as is the corresponding cost center in the Public Safety expenditure category. These increases are partially offset by a decline in reimbursements received from the State Compensation Board for shared expenses of the Sheriff and Commonwealth Attorney due to a timing difference. Miscellaneous Revenue is up $114,000 or 78.95%. This growth is the result of the transfer of $105,000 to the General Fund from the Transportation Fund and an increase in miscellaneous revenue, less a decrease in proceeds from the sale of surplus property. The Transportation Fund is providing funding to the General Fund in FY02 to partially fund the subsidy to the Greater Roanoke Transit Company (GRTC). In prior years, that subsidy was paid through the Transportation Fund. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 6.07% or $7,827,000 since FY01. Variances in individual expenditure categories are discussed as follows: Public Safety expenditures increased 5.44% or $1,621,000. Salary costs of the labor- intensive Police and Fire departments increased, as budgeted. Charges from the Department of Technology to the Police Department increased. Workers' compensation expenses also rose in the Public Safety category, and these often fluctuate from year to year based on the The Honorable Mayor And Members of City Council April 1,2002 Page 3 given claims of a particular year. The E-911 Wireless cost center is new in FY02 as are the revenues from the State to conduct this function. Communications (E-911 and Radio Shop) expenditures increased due to increased personal services charges and due to the scheduled payment of the City's portion of the annual maintenance agreement for the regional radio system. Health and Welfare expenditures rose $1,839,000 or 12.11%. Expenditures under the Comprehensive Services Act increased. Salary and client assistance costs in the Social Services department are up. A timing difference in the payment of the Health Department subsidy also contributed to this increase. Community Development expenditures increased 20.33% or $553,000 due to the inclusion of the Neighborhood Partnership department as part of the General Fund. This department was included in the Grant Fund in prior years. Memberships and Affiliations expenditures increased due to increased contributions to the Roanoke Valley Convention and Visitors Bureau. Nondepartmental expenditures increased 42.25% or $3,109,000. These expenditures have risen sharply on a year-to-date basis due to improved administrative procedures of establishing and funding of CMERP projects and equipment purchases with one City Council report. By appropriating the entire CMERP funding at the beginning of the fiscal year, these transfers likewise all occur at the beginning of the year, rather than throughout the year as in the past. Transfers to the Capital Projects, Technology and Fleet Funds were significantly impacted by this change in policy. The transfer of the GRTC subsidy, which was previously paid through the Transportation Fund, also contributed to the increase in this category. I would be pleased to answer questions City Council may have regarding the monthly financial statements. JAH/tht Attachments Director o7 Finance CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY FEBRUARY 28, 2002 Transfer Number Date General Fund: CMT-1863 07/30/2001 CMT-532 08/09/2001 CMT-533 08/0912001 CMT-1176 08/28/2001 CMT-1177 08/31/2001 CMT-536 10/04/2001 CMT-1195 10/04/2001 CMT-544 11/20/2001 CMT-1214 12/12/2001 CMT-548 12/13/2001 CMT-550 01/16/2002 CMT-1230 01/17/2002 CMT-554 01/31/2002 CMT-556 02/08/2002 CMT-558 02/08/2002 CMT-561 02/08/2002 CMT-562 02/22/2002 From To Donation to Brain Injury Association Tipping Fees Tipping Fees Deficit in State and Local Hospitalization Reimbursements Fees Due to Downtown Roanoke Inc Related to Farmer's Market Consultant Payment for Health Care Renewal Adoption Incentive Funds Feasibility Study Related to Proposed Art Center Contribution to Greater Raleigh Court Civic League RRHA Property Reimbursement Fund Professional Fees Needed for Year Additional Advertising Due to Increase in IFBs and RFPs Furnishings in Court and Jury Rooms Transfer Housing and Neighborhood Services Coordinator Position Transfer Executive Secretary Position Transfer Project Specialist Position Supplement Operating Expenses Jail Solid Waste Management Solid Waste Management Human Services Support Contingency* Residual Fringe Benefits Income Maintenance Residual Fringe Benefits Pay Raise/Supplemental Budget Juvenile and Domestic Relations Court Services Residual Fringe Benefits General Services Jail City Manager Planning and Code Enforcement Housing and Neighborhood Services Management and Budget Amount Membership and Affiliations $ 5,000 Engineering 568 Building Maintenance 2,270 Hospitalization Program 995 Memberships and Affiliations 15,856 Human Resources 13,000 Social Services-Services 15,089 City Manager 75,000 Memberships and Affiliations 25,000 Housing and Neighborhood Services 53,700 City Attorney 20,000 Purchasing 5,000 Circuit Court Judges 55,000 Housing and Neighborhood Services 38,255 Housing and Neighborhood Services 22,036 Director of Public Works 42,958 Director of Public Works 2,000 Total General Fund $ 391,727 Ca_oital Projects Fund: CMT-1180 09/0512001 Additional Project Expenses CMT-1244 0211412002 Preston Tennis Court RenovatJons CMT-564 02/20/2002 Construction Cost of Fire-EMS Regional Training Center Available Conflnoency Balance of Contingency at July 1,2001 *Contingency Appropriations From Above Contingency Appropriations Through Budget Ordinances: BO 35515 0812012001 Drug Prosecutor BO 35544 09/04/2001 Zoning Inspector Positions Available Contingency at January 31, 2002 Broadway Street Bddge First Street Bridge Special Park Project Grants Athletic Court Improvements Fire EMS Facility Regional Fire EMS Training Improvement Program Center Total Capital Projects Fund Contingency Contingency Transfer to Grant Fund Transfer to Grant Fund $ 23,550 522 8,800 $ 32,872 $ 500,000 (15,856) (8,170) (80,996) $ 394,978 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - Feb 28 July I - Feb 28 Percentage 2000-2001 2001-2002 of Change $27,569,552 $26,910,499 (2.39) 32,848,972 33,144,208 0.90 556,867 673,080 20.87 562,516 715,222 27.15 648,842 628,519 (3.13) 23,544,871 24,771,683 5.21 17,180 17,179 (0.01) 2,445,941 2,557,457 4.56 144,710 258,965 78.95 1,391,851 1,448,238 4.05 $89,731,303 $91,125,051 1.55 % % % % % % % % % % % Current Fiscal Year Revised Revenue Estimates $77,105,366 58,016,878 957,150 1,014,600 1,118,330 46,402,072 34,300 3,888,997 560,236 2,330,692 $191,428,621 Percent of Revenue Estimate Received 34.90% 57.13% 70.32% 70.49% 56.20% 53.38% 50.08% 65.76% 46.22% 62.14% 47.60% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period Current Fiscal Year July I - Feb 28 July 1 - Feb 28 Percentage Unencumbered Revised 2000-2001 2001-2002 of Change Balance Appropriations $7,957,283 2.44 % 3,881,980 2.97 % 31,400,207 5.44 % 17,512,129 3.82 % 17,028,826 12.11% 3,412,274 4.49 % 3,273,672 20.33 % 11,253,451 (4.34) % 30,685,339 0.40 % 10,468,719 42.25 % $136,873,880 6.07 % $7,767,986 3,769,86,4 29,779,293 16,867,866 15,189,732 3,265,655 2,720,471 11,763,841 30,562,221 7,359,546 $129,046,476 $4,797,851 2,463,295 15,235,541 7,384,869 10,349,650 1,343,067 1,845,952 1,013,448 15,329,223 2,894,260 $62,657,166 $12,755,134 6,345,275 46,635,748 24,896,998 27,378,476 4,755,341 5,119,634 12,266,899 46,014,562 13,362,979 $199,531,046 Percent of Budget Obligated 62.38% 61.18% 67.33% 70.34% 62.20% 71.76% 63.94% 91.74% 66.69% 78.34% 68.60% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - Feb 28 July I - Feb 28 Percentage 2000-2001 2001-2002 of Change $5,350,556 $5,367,803 0.32 % 26,500,493 24,721,199 (6.71) % 60,665 53,707 (11.47) % 898,100 1,066,240 18.72 % 30,562,221 30,685,339 0.40 % 5,469,523 5,144,330 (5.95) % $68,841,668 $67,038,618 (2.62) % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,492,986 56.54 % 41,656,787 59.34 % 115,390 46.54 % 1,971,820 54.07 % 46,014,562 66.69 % 9,752,261 NA $109,003,806 61.50 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Instruction General Support Transportation Operation and Maintenance of Plant Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - Feb 28 2000-2001 $46,990,983 2,543,082 2,294,074 6,383,118 2,032,612 5,697,765 8,877,472 $74,819,106 July I - Feb 28 2001-2002 $46,279,762 2,238,062 2,450,728 6,224,423 1,532,819 5,816,531 9,752,261 $74,294,586 Current Fiscal Year Percentage Unencumbered Revised of Change Balance Appropriations (1.51)% $28,373,687 $74,653,449 (11.99) % 1,605,097 3,843,159 6.83 % 1,437,118 3,887,846 Percent of Budget Obligated 61.99 % 58.23 % 63.04 % (2.49) % 4,132,042 (24.59) % 98,231 2.08 % 790,970 9.85 % (0.70) % $36,437,145 10,356,465 1,631,050 6,607,501 9,752,261 $110,731,731 60.10 % 93.98 % 88.03 % NA 67.09 % CITY OF ROANOKE, VIRGINIA SCHOOL FOOD SERVICE FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Feb 28 July I - Feb 28 Percentage Revenue Estimate Revenue Source 2000-2001 2001-2002 of Change Estimates Received Grants-in-Aid Commonwealth $280,002 $84,483 (69.83) % $84,464 100.02 % Grants-in-Aid Federal Government 1,047,797 1,348,980 28.74 % 2,891,594 46.65 % Charges for Services 810,304 955,959 17.98 % 1,545,256 61.86 % Total $2,138,103 $2,389,422 11.75 % $4,521,314 52.85 % SCHOOL FOOD SERVICE FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July I - Feb 28 July I - Feb 28 Percentage Unencumbered Revised ~ 2000-2001 2001-2002 of Change Balance Appropriations Food Services $2,767,790 $2,857,413 3.24 % $1,688,596 $4,546,009 Facilities % 16,978 16,978 Total $2,767,790 $2,857,413 3.24 % $1,705,574 $4,562,987 Percent of Budget Obligated 62.86 % - % 62.62 % 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 28, 2002 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance General Government $15,210,230 $13,170,852 $2,039,378 $194,266 $1,845,112 Flood Reduction 14,332,065 8,231,262 6,100,603 204,727 5,896,076 Economic Development 24,259,525 18,396,477 5,863,048 395,468 5,467,580 Community Development 5,528,143 2,905,108 2,623,035 885,732 1,737,303 Public Safety 8,252,126 7,144,220 1,107,906 268,191 839,715 Recreation 10,965,741 5,572,863 5,392,878 676,659 4,716,219 Streets and Bridges 24,474,373 20,663,224 3,811,149 920,824 2,890,325 Storm Drains 2,689,631 1,299,220 1,390,411 502,364 888,047 Traffic Engi needng 5,445,380 3,857,1 64 1,588,196 167,372 1,420,824 Capital Improvement Reserve (3,173,821 ) (3,173,821 ) (3,173,821 ) Total _ $107,~983,393 $81,240,410 $26,742,983 $4,215,603 $22,527,380 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 28, 2002 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Interest Expense Capital Improvement Reserve Total Budget $12,884,240 2,751,455 3,500,000 262,929 1,051,271 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $12,336,072 $548,168 $401,491 $146,677 2,727,162 24,293 24,293 3,353,670 146,330 89,154 57,176 258,924 4,005 4,005 1,051,271 1,051,271 $20,449,895 $18,675,828 $1,774,067 $490,645_ $1,283,422 5 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Interest Revenue: Interest on Bond Proceeds Interest on SunTrust Lease Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA- Regional Mitigation Project Commonwealth: VDES - Garden City Mitigation Project Virginia Transportation Museum - ISTEA VDES- 1998 Regional Mitigation Passenger Station Enhancement - TEA-21 Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Victory Stadium - Private Donations First Union Job Grant Repayment Times-World Corporation - Land Sale Trigon Insurance - Land Sale Mill Mountain Visitors Center - Private Donations Bill and Melinda Gates Foundation Westview Terrace - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund General Obligation Bond Proceeds - Series 2002 Total Other Revenue Total FY 2002 $379,557 11,013 344,502 735,072 19,223 10,143 16,176 66,935 45,542 44,400 3,100 100 47,600 5,147,517 375,000 41,530,000 47,052,517 $47,880,731 FY 2001 $1,124,714 777,896 1,902,610 239,409 2,018 18,368 3,733 263,528 36,055 7 10,000 137,445 125,110 308,617 3,295,758 2,900 12,600 100,000 3,411,258 $5,886,013 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Sale of Land Miscellaneous Revenue Interest and Fiscal Charges Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2002 $3,031,756 2,569,723 494,353 20,000 20,452 156,865 14,664 453,680 1,761,204 8,522,697 2,876,032 2,998,924 1,116,362 6,991,318 1,531,379 147,673 50,726 375,000 41,217 (690,152) (375,000) (450,536) $1,080,843 FY 2001 $2,581,390 2,369,610 170,468 12,135 20,941 151,277 9,363 274,411 2,256,472 7,846,067 2,734,690 2,821,678 1,113,439 6,669,807 1,176,260 295,909 43,923 5,392 (751,038) (2,900) (408,714) $767,546 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges Capital Contributions - Other Jurisdictions Miscellaneous Revenue Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2002 $4,921 785 513 274 146 965 559 402 98 367 142 813 91 128 6,473,734 1,441,428 4,172,766 901,504 6,515,698 (41,964) 126,278 (506,384) 834,870 91 454,855 $412,891 FY 2001 $4,891,761 598,531 163,708 620,081 98,752 171,979 125,367 6,670,179 1,282,181 3,778,048 781,854 5,842,083 828,096 272,769 (516,358) (12,600) (256,189) $571,907 8 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues Rentals Event Expenses Display Advertising Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Facility Fees Charge Card Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer from General Fund Transfer from Capital Projects Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2002 299 509 163 921 75 200 108 965 12 991 14 388 108 356 35,140 3,165 665,232 13,258 1,500,125 1,295,275 1,287,127 329,984 2,912,386 (1,412,261) 726,843 385,000 20,517 2,388 1,134,748 ($277,513) FY 2001 $276,467 95,313 56,000 85,737 21,714 21,991 84,116 449,549 15,511 1,106,398 908,416 1,317,803 293,685 2,519,904 (1,413,506) 878,703 43,679 1,448 923,830 ($489,676) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage VVilliamson Road Surface Parking Lot Gainsboro Parking Garage Norfolk Avenue Surface Lot Gainsboro Surface Lot Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Operating Subsidy for GRTC Transfer to GRTC - Capital Transfer to GRTC - Shuttle Service Transfer to General Fund Miscellaneous Net Nonoperating Expenses Net Income FY 2002 $258 809 293 509 143 718 306 014 240 542 81 575 I 930 7 791 5 454 1,339,342 545,171 360,661 905,832 433,510 32,000 17,420 (313,039) (104,918) 1,535 (367,002) $66,508 FY 2001 $235,268 287,209 138,203 302,940 270,246 45,892 1,279,758 539,282 359,164 898,446 381,312 761,358 16,865 (347,832) (637,637) (49,000) (65,000) 9,911 (311,335) $69,977 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues FY 2002 FY 2001 CONFERENCE COMMISSION(I) CENTER(2) TOTAL Conference Center Total Operating Revenues $ $ 1,842,384 $ 1,842,384 $ 2,028,614 1,842,384 1,842,384 2,028,614 Operating Expenses Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 30,829 30,829 57,826 47,528 47,528 21,917 36,451 36,451 1,049 1,676,731 1,676,731 1,689,809 114,808 1,676,731 1,791,539 1,770,601 (114,808) 165,653 50,845 258,013 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech HRCCC Settlement Proceeds Construction Repairs Interest on Investments Rent, Taxes, Insurance, and Other 131,250 131,250 175,000 131,250 131,250 175,000 8,000,000 (57,428) (57,428) (909,409) 77,850 77,850 118,648 (20,942) (20,942) (46,968) 282,922 (20,942) 261,980 7,512,271 168,114 144,711 312,825 7,770,284 303,061 92,081 395,142 366,900 Net Nonoperating Revenues (Expenses) Net Income Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) $ (134,947) $ 52,630 $ (82,317) $ 7,403,384 Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 28, 2002 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Interest Expense Transfers To Other Funds Loss on Disposal of Fixed Assets Transfers From Other Funds Other Revenue Net Nonoperating Revenues Net Income (Loss) TOTALS Department of Materials Fleet Risk Technology Control Management Management FY 2002 FY 2001 $2,793,510 $1,016,186 $2,398,600 $6,451,111 $12,659,407 $10,705,561 2,793,510 1,016,186 2,398,600 6,451,111 12,659,407 10,705,561 1,465,974 46,272 874,636 115,915 2,502,797 2,417,453 860,131 1,016,119 622,906 7,055,265 9,554,421 7,433,438 338,351 1,318,356 - 1,656,707 1,499,975 2,664,456 1,062,391 2,815,898 7,171,180 13,713,925 11,350,866 129,064 (46,205) (417,298) (720,069) (1,054,$18) (645,305) 95,627 4,026 23,751 217,653 341,057 672,209 (1 O, 181 ) - (34,704) (44,885) (41,350) - (41,350) (104,000) - - (44,034) (44,034) 2,552,247 - 573,639 250,000 3,375,886 1,451,205 10,184 - 10,184 2,606,527 4,026 518,652 467,653 3,596,858 2,019,414 $2,735,581 ($42,179) $10t,354 ($252,416) $2,542,340 $1,374,109 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED FEBRUARY 28, 2002 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED FEBRUARY 28, 2002. BALANCE AT FUND JAN 31, 2002 RECEIPTS BALANCE AT BALANCE AT DISBURSEMENT~ FEB 28, 2002 FEB 28, 2001 GENERAL WATER S EWAG E CiViC CENTER TRANSPORTATION CAPITAL PROJECTS CONFERENCE CENTER RKE VALLEY DETENTION COMM DEBT SERVICE DEPT OF TECHNOLOGY MATERIALS CONTROL MANAGEMENT SERVICES FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE FDETC GRANT ($12,148,294.41) $14,531,984.91 $19,893,683.88 ($17,509,993.38) ($10,798,155.35) 6,426,866.93 6,048,109.86 188,114.48 12,286,862.31 7,107,442.77 6,697,669.88 1,880,153.43 1,489,302.20 7,088,521.11 6,833,924.22 1,003,886.01 2,696,337.09 517,050.02 3,183,173.08 981,404.65 330,817.62 2,154,999.55 188,422.56 2,297,394.61 338,090.48 28,037,240.69 41,721,242.02 1,398,849.55 68,359,633.16 41,370,22285 4,092,732.65 148,885.56 12,955.77 4,228,662.44 8,21 O, 899.24 2,471,233.72 241,548.08 386,440.81 2,326,340.99 3,151,381.51 i 10,571,224.09 3,668,068.76 54,102.96 14,185,189.89 10,705,778.131 6,072,040.77 80,323.39 223,827.00 5,928,537.16 5,033,087.451 278,106.44 73,124.14 80,373.56 270,857.02 161,931.28 0.00 0.00 0.00 0.00 168,041.07 1,185,031.68 67,329.31 79,829.95 1,172,531.04 1,126,609.97! (14,797,992.81) 17,864,012.61 14,500,652.44 (11,434,632.64) (10,516,567.63)i 11,597,283.29 834,370.20 764,144.85 11,667,508.64 11,472,325.731 (268,933.12) 2,351,081.79 1,298,987.12 783,161.55 1,033,219.941 7,487,500.59 5,114,970.36 6,477,533.30 6,124,937.65 7,657,914.42 i 2,439,071.80 4,605,558.93 298,172.41 6,746,458.32 2,415,041.581 107,531.62 153,656.74 348,164.11 (86,975.75) 451,569.25 ! 185,804.07 20,631.34 177,583.17 28,852.24 19,994.42 ' 940,815.92 160,234.68 398,064.16 _ 702,986.44 1,0.97,_85_8.73 ! $62,709,637.43 $104,416,622.75 $48,776,254.30 $118,350,005.88 $88,022,014.71 i TOTAL CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED FEBRUARY 28, 2002. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $9,594.30 2,277,852.16 9,563,381.50 13,182,704.78 20,176,468.33 10,085,628.47 5,000,000.00 447,753.33 57,606,623.01 $118,350,005.88 DATE: MARCH 11, 2002 DAVID C. AN-- ERSON, TF EASUR-ER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE 8 MONTHS ENDED FEBRUARY 28, 2002 Additions: Employer Contributions Investment Income Net Appreciation (Depreciation) in Fair Value of Investments Interest and Dividend Income Total Investment Income (Loss) Less Investment Expense Net Investment Income (Loss) Total Additions (Deductions) FY 2002 $2,592,219 (12,111,429) 2,326,814 (9,784,615) 34,477 (9,819,092) (7,226,873) FY 2001 $2,530,235 (18,460,691) 4,812,473 (13,648,218) 272,218 (13,920,436) (11,390,201) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions N~lncrease (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance February 28 $9,817,623 285,163 10,102,786 (17,329,659) 326,337,980 $309,008,321 $8,572,986 280,313 8,853,299 (20,243,500) 350,929,145 $330,685,645 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET FEBRUARY 28, 2002 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance FY 2002 $782,215 309,470,837 2,073 5,434 $310,260,559 $1,246,020 6,218 1,252,238 326,337,980 (17,329,659) 309,008,321 $310,260,559 FY 2001 $1,033,220 330,751,245 1,749 5,097 $331,791,311 $1,104,521 1,145 1,105,666 350,929,145 (20,243,500) 330,685,645 $331,791,311 15 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.roanokc.va.us April 3, 2002 File #9-60 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, Roanoke, Virginia 24012-1148 Dea~ Ms. Shuck: I am enclosing copy of Resolution No. 35797-040102 approving the Roanoke Regional Airport Commission's 2002-2003 proposed operating and capital budget, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 1,2002. Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Mary H. 'Allen, Clerk, Roanoke County, P. O. Box 29800, 24018-O798 Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Roanoke, Virginia H:~Agenda.02~.pril l, 2002 correspondence (rough)wpd.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2002. No. 35797-040102. Roanoke Regional Airport and capital budget upon A RESOLUTION approving the Commission's 2002-2003 proposed operating certain terms and conditions. BE IT RESOLV. ED by the Council oi: the City of Roanoke that in accordance with-the requirements of the Roanoke Regional Airport C~ommission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2002-2003 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 13, 2002. ATTEST: City Clerk. H:'a'-rracbud0203.1 .doc Roanoke Regional Airport Commission 5202 Aviation Drive Roanoke, Virginia 24012-1148 (540) 362-1999 FAX (540) 563-4838 March 13, 2002 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2002- 2003 Budget and Proposed Capital Expenditures Dear Mayor Smith and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2002-2003 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 13, 2002. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget, or for the Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating political subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Enclosures Very truly yours, Jacqueline L. Shuck Executive Director CC; Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional William Hackworth, Roanoke City Attorney Mary F. Parker, Clerk, Roanoke City Council Conm'~ \2002 city c ountybudg et. ltr Airport Commission "ATTACHMENT I" ROANOKE REGIONAL AIRPORT COMMISSION FOR YEAR 2002-2003 BUDGET MyFiles~Budget\Budget 2002-2003 2001-2002 Budgeted 2002-2003 Budgeted EXPENSE BUDGET Expenditures Expenditures 1. Operations and Maintenance Expenses A. Salaries, Wages and Benefits $2,416,869 $2,657,070 B. Operating Expenditures 2,508,365 2,574,095 C. Other Maintenance Projects 133,900 0 Total Operations and Maintenance 5,059,134 5,231,165 2. Non-Operating Expenses A. Interest 248,557 234,086 B. Debt Service 345,814 335,000 Total Non-Operating 594,371 569,086 3. Capital Expenses A. Capital Projects and Purchases 157,500 98,400 B. Multi -Year Projects 308,130 151,880 Total Capital Expenses 465,630 250,280 Total Budgeted Expenditures $6,119,135 $6,050,531 2001-2002 Projected 2002-2003 Projected REVENUE PROJECTIONS Revenues Revenues 1. Operating Revenues A. Airfield $1,109,042 $1,275,400 B. General Aviation 181,950 230,318 C. Terminal Related 4,396,317 4,035,426 D. Other Revenues 262,385 245,786 Total Projected Operating Revenues 5,949,694 5,786,930 2. Non-Operating Revenues A. Interest from Debt Service 53,315 40,000 B. Interest on Investments 540,000 425,000 Total Projected Non-Operating Revenues 593,315 465,000 Total Projected Revenue $6,543,009 $6,251,930 ATTACHMENT H Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) Projects A. Construct Pad and Access Road for ARFF Fire Simulator: 1. Description: Construct a concrete pad and access to it for the conduct of training sessions by the Airport Rescue and Fire Fighters, especially with the state owned ARFF Fire Simulator. 2. Justification: Members of the Airport Rescue and Fire Fighting Unit are required by federal regulation to participate in a live fire drill at least once per year. The Fire Simulator purchased by the state and made available to all commercial service airports at least twice per year requires a concrete pad to support it and the heat of the propane fire. Currently planes are displaced to make way for the Simulator and the required training. Firefighters from Roanoke City and County, as well as other jurisdiction also participate in training when the Simulator is located at the airport. Estimated Cost: $ 300,000 B. Construct Portion of Perimeter Road (Phase I): 1. Description: Construct interior perimeter road west of Runway 33. 2. Justification: Concerns regarding conflicts between aircraft and vehicles, as well as an increased need for inspections for security purposes, require that an interior perimeter road be built. This is now considered to be a priority project by the FAA. The first section of this road can easily be included in the Runway 33 rehabilitation project scheduled for the spring of 2003. Estimated Cost: $1,350,000 Attachment II Page Two Co Purchase 3 Glycol Recovery Units: 1. Description: Purchase three units capable of sweeping up glycol used to deice aircraft. 2. Justification: The Commission's storm water pollution prevention plan and state permit require that it eliminate sources of storm water contamination. These units will be used by the passenger and cargo airlines to recover the glycol used to deice aircraft, especially when such deicing occurs during dry weather. Estimated Cost: $ 300,000 II. Funding Sources Federal AIP Grant Funds State Aviation Grant Funds Commission Funds $1,755,000 195,000 -0- Estimated Total Projects Funding $1,950,000 csp/comm/2002 March Meeting\2002budgetattachII.frm RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 13th day of March 2002 No. 06-031302 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2002-2003. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2002-2003 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 13, 2002, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2002-2003 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 281 1987, as amended. ATTEST: VOTE: AYES: NAYS: ABSENT: Macfarlane, Smith, Turner, Whittaker None Milliron MARY H. ALLEN, CMC CLERK TO THE BOARD Email: mallen @co.roanoke.va.us P.O. BOX 29800 5204 BERNARD E~4F~.07~ ROANOKE, VIRGINIA 15 P 1:38 (540) 772-2005 FAX (540) 772-2193 April 10, 2002 BRENDA J. HOLTON, CMC DEPUTY CLERK Email: bholton @ co. roanoke,va.us Ms. Jacqueline L. Shuck Executive Director Roanoke Regional Airport 5202 Aviation Drive Roanoke, VA 24012-1148 Dear Ms. Shuck: Attached is a copy of Resolution 040902-2 approving the Roanoke Regional Airport Commission Budget for FY 2002-2003. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 9, 2002. If you need further information, please do not hesitate to contact me. Sincerely, Brenda J. Holton, CMC, Deputy Clerk Roanoke County Board of Supervisors Attachment cc: Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Arthur Whittaker, Chairman, Roanoke Regional Airport Commission Mary F. Parker, Clerk, Roanoke City Council Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 9, 2002 RESOLUTION 040902-2 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2002-2003, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 13, 2002, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2002-2003 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2002-2003 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 13, 2002, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Flora, McNamara, Minnix, Nickens, Church NAYS: None CC: A COPY TESTE: Brenda J. Holtc~, CMC Deputy Clerk to the Board of Supervisors File Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Arthur Whittaker, Chairman, Roanoke Regional Airport Commission Mary F. Parker, Clerk, Roanoke City Council Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of Apr±l, 2002. No. 35798-060102. A RESOLUTION changing the time and place of commencement of the regular meeting of City Council on Monday, April 15, 2002. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 2:00 p.m. on Monday, April 15, 2002, in City Council Chambers at 215 Church Avenue, S. W., is hereby rescheduled to commence at 12:00 Noon, Monday, April 15, 2002, in the Exhibit Hall of the · Roanoke Civic Center, 710 Williamson Road, N. W. in the City of Roanoke, for the purpose of recognizing participants in Student Government Day, with such meeting to be adjourned after lunch and reconvened in order for the remainder of the meeting be conducted at 2:00 p.m. on the same date in City Council Chambers at 215 Church Avenue, S. W. 2. Resolution No. 35454-070201, adopted July 2, 2001, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in thc City at least seven days prior to April 15, 2002. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 3, 2002 File #60-144 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk 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, April 1, 2002, the matter of service level and costs associated with the Solid Waste Management Program was referred to fiscal year 2002-03 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Jesse A. Hall, Director of Finance Barry L. Key, Director, Office of Management and Budget Robert K. Bengtson, Director, Public Works H:XAgenda.02XApril I, 2002 correspondence (rough)wpd.wpd