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HomeMy WebLinkAboutCouncil Actions 11-05-01 WYATT 35622-110501 ROANOKE CITY CO UNCIL R EG ULAR SESSION NOVEMBER 5, 2001 12:15 P. M. CITY COUNCIL CHAMBER .4 GEND.4 FOR THE COUNCIL 1. Call to Order--Roll Call. Briefing with regard to the Civic Center Improvement Project. (45 minutes) File #192 The City Manager was requested to report to Council at its next regular meeting on Monday, November 19, 2001, at 2:00 p.m., with a time frame for completion of architectural design; and the City Manager and City Clerk were requested to schedule a Council Financial/Planning Session in early 2002 to discuss funding sources. A communication from the City Manager requesting a Closed Meeting to discuss acquisition of real property for a public purpose where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.2-371 l(A)(3), Code of Virginia (1950), as amended. (Approved 7-0) File #2-104-132 A report of the Director of Finance requesting a Closed Meeting to discuss a personnel matter relating to the Director of Finance, pursuant to Section 2.2-371 I(A)(1), Code of Virginia (1950), as amended. (Approved 7-0) File #1-202-132 AT 12:23 P.M., THE MEETING WAS DECLARED IN RECESS TO BE IMMEDIATELY RECONVENED IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FOR THE CIVIC CENTER IMPROVEMENT PROJECT BRIEFING. (SEE ACTION ON PAGE 1.) AT 1:50 P.M., THE MEETING WAS DECLARED IN RECESS TO BE RECONVENED AT 2:00 P.M., IN THE CITY COUNCIL CHAMBER. 2 ROANOKE CITY CO UNCIL REGULAR SESSION NOVEMBER 5, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. (All present) The Invocation was delivered by The Reverend Edward T. Burton, Pastor, Sweet Union 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, November 8, 2001, at 7:00 p.m., and Saturday, November 10, 2001, 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 PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA PACKAGE 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: e C-1 A RESOLUTION concurring in the request and approving the presentation of a portrait of the late Dr. Noel C. Taylor, former Mayor of the City of Roanoke, to his family for display in their home. Adopted Resolution No. 35622-110501. (7-0) File #68-80-132 A RESOLUTION memorializing the late Edward L. Lambert. Adopted Resolution No. 35623-110501. (7-0) File #80-367 Proclamation declaring November 11 - 17, 2001, as National Hunger and Homelessness Awareness Week. File #3-72 CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROIJTINE 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. Minutes of the regular meeting of City Council held on Monday, October 1, 2001, and recessed until Wednesday, October 3, 2001, which meeting was further recessed until Thursday, October 4, 2001. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. 5 C-2 A communication from the Honorable Ralph K. Smith, Mayor, 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. RECOMMENDED ACTION: Concur in request. File #110-132 C-3 C-4 C-5 A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board and an appointment to the Board of Zoning Appeals, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. File #110-132 A communication from the City Manager recommending that a public hearing be advertised for Monday, November 19, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to a proposal of the City of Roanoke to convey City-owned property containing 0.858 acres, identified as Official Tax No. 4010205, to the Western Virginia Foundation for the Arts and Sciences for design, development and construction of a new building or complex to house the art museum and IMAX Theatre. RECOMMENDED ACTION: Concur in request. File #2-32-416-427-538 Qualification of the following persons: Frank J. Eastburn as a member of the Roanoke Arts Commission for a term ending June 30, 2002; and Christine Proffitt for a term ending November 30, 2003, George M. McMillan and Fredrick M. Williams for terms ending November 30, 2004, as members of the Roanoke Neighborhood Partnership Steering Committee. RECOMMENDED ACTION: Receive and file. File #15-110-230-488 REGULAR AGENDA 4. PUBLIC HEARINGS: ao Public hearing on a proposed resolution, or resolutions, approving issuance by the City of its general obligation bonds, in an amount estimated not to exceed $1,100,000.00, for the purpose of financing certain rehabilitations, repairs and equipment in connection with Lincoln Terrace Elementary School. George J. A. Clemo, Attorney. Withdrawn. 5. PETITIONS AND COMMUNICATIONS: A communication from Council Member William D. Bestpitch transmitting a measure providing for a salary increase for the Mayor and Members of Council, commencing July 1, 2002. Adopted Ordinance No. 35624-110501, on first reading, with the Mayor's salary to remain at $18,000.00 per annum. (6-1, Council Member Hudson voted no.) File #18-132 bo A petition from Unified Human Services Transportation System, Inc., (RADAR) requesting exemption from taxation of real property identified as Official Tax Nos. 1311221, 2410101, and 2410301 - 2410306, inclusive, pursuant to Section 30-19.04(B), Code of Virginia (1950), as amended. File #79-169 The matter was referred to the City Manager and the City Attorney for study, report and recommendation to Council and to schedule a public hearing. 7 6. REPORTS OF CITY OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending acceptance of bids submitted by Magic City Motor Corporation, in the total amount of $203,787.00, for three refuse cab/chassis; and Bilthuis and Associates, Inc., LLC, in the total amount of $112,869.00, for three refuse rear loading bodies; and rejecting all other bids received by the City. Adopted Resolution No. 35625-110501. (7-0) File #270-472 A communication recommending an amendment to the contract with Robinson Pipe Cleaning Co. for removal, transportation and disposition of digested lagooned sludge from the City's Water Pollution Control Plant, for a period of one year from October 1, 2001 through September 30, 2002. Adopted Ordinance No. 35626-110501. (7-0) File #27-65-468 A communication recommending acceptance of the bid submitted by H. & S. Construction Co., in connection with the Garden City Phase 3 Drainage Project, in the amount of $521,245.00; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35627-110501 and Ordinance No. 35628-110501. (7-0) File #27-60-102-237 8 A communication recommending authorization to execute the 2001-02 Community Development Block Grant and HOME Investment Partnerships Program Agreement with the Blue Ridge Housing Development Corporation. Adopted Resolution No. 35629-110501. (7-0) File #178-236 o A communication recommending acceptance of property identified as Official Tax No. 2240103 from the Western Virginia Land Trust for construction of the second phase of the Lick Run Greenway. Adopted Ordinance No. 35630-110501. (7-0) File #2-18-166-379-417-442 o A communication recommending acquisition of properties located at 1224 Rorer Avenue, S. W., and 719 Dale Avenue, S. E., from the United States Department of Housing and Urban Development for community development and neighborhood revitalization. o Adopted Ordinance No. 35631-110501. (7-0) File #2-5-32-72-178 A communication with regard to implementing statutory changes and reconstituting the Regional Community Criminal Justice Board. o Adopted Resolution No. 35632-110501. (7-0) File #110 A communication with regard to repealing Section 21-44, Solicitations and sales, and adding a new Section 21-44.1, Aggressive Solicitation and sales; prohibited acts, Code of the City of Roanoke (1979), as amended, relating to panhandling. Adopted Ordinance No. 35633-110501. (7-0) File #24-328 A communication recommending amendments to the Fee Compendium to reflect the correct service charge to animal owners for daily boarding fees for an impounded animal; and fees charged by the Police Department for preparation of investigative reports regarding applicants for Conservator of the Peace appointments. Adopted Resolution Nos. 35634-110501 and 35635-110501. (7-0) File #5-24-54-214-289 10. A joint report of the City Manager and the Director of Finance recommending authorization to sell $56,245,000.00 in general obligation bonds; and to award the winning bid and affix the interest rates to be borne by said bonds. Adopted Resolution No. 35636-110501. (7-0) File #53-79-192-540 b. DIRECTOR OF FINANCE: Financial report for the month of September 2001. Received and filed. File #1-10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: ao A communication from the City Manager with regard to special military leave pay. Adopted Resolution No. 35637-110501. (7-0) File #184 l0 bo An ordinance authorizing the vacation of an easement on property identified as Official Tax Map Nos. 1011001, 1011002, 1011003, and 1011004 adjacent to Second Street, S. W., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. Adopted Ordinance No. 35638-110501. (7-0) File #28-227 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: A RESOLUTION canceling the December 31, 2001 Council work session. Adopted Resolution No. 35639-110501. (7-0) File #132 10. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Carder advised that the City of Roanoke earned first place in the 75,000 - 125,000 population range in the nation's first study on digital technology in city government, the Digital Cities Survey. He explained that the survey examined how well city's are using information technology to deliver service to the citizens, as conducted by the Center for Digital Government, Government Technology Magazine. He commended the City Manager and City staff on their outstanding achievement. File #80-175-262 Ordinance No. 35640-110501 permanently vacating, discontinuing and closing a portion of Salem Avenue, S. W., near its intersection with Second Street, was adopted. File #227-514 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. THE MAYOR DECLARED THE MEETING IN RECESS. A motion was adopted to override the decision of the Chair to recess the Council Meeting for four Closed Sessions; whereupon, Council reconvened for Remarks by the City Manager and Hearing of Citizens Upon Public Matters. 11. CITY MANAGER COMMENTS: The City Manager called attention to discussions with law enforcement personnel and the City's Homeless Assistance Task Force with regard to concerns expressed by Council and others in response to panhandling in the downtown Roanoke area. The City Manager advised that certain members of the City staff will be in New York later this week attending meetings with three bond rating agencies with regard to the City's rating for the bond issue that was previously approved by Council pursuant to Resolution No. 35636-110501, and it is anticipated that the City will go to the bond market in early 2002. 12. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. 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., expressed concern with regard to the business plan for Fire/EMS as submitted by the Fire Chief. Inasmuch as there are numerous questions, she suggested that the Virginia Department of Fire Programs be requested to conduct an independent and impartial evaluation of the Roanoke City Fire/EMS business plan. 12 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council with regard to City Council's pay increase which was approved earlier in the meeting. She stated that it is unfair for Council to compare itself with City employees who are held accountable by their supervisors for their job performance. She inquired as to the procedure for citizens to follow to hold Council Members accountable for their actions, and how can Council Members be removed from office if citizens are displeased with their job performance, barring a Councilmanic election. The meeting was declared in recess for four Closed Sessions. CERTIFICATION OF CLOSED SESSION. (6-0) Council Member White left the meeting during the Closed Session. Council Member William H. Carder was appointed as a member of the Roanoke Valley-Alleghany Regional Commission to fill the unexpired term of Donald S. Caldwell, resigned, ending June 30, 2003. Courtney A. Penn was appointed as a member of the Roanoke Arts Commission for a term ending JUne 30, 2003. William D. Poe was appointed as a member of the Board of Zoning Appeals to fill the unexpired term of Willard G. Light, resigned, ending December 31, 2002. Stuart G. Boblett, III, was appointed as a member of the Roanoke Civic Center Commission to fill the unexpired term of Edward Lambert, deceased, ending September 30, 2003. Alison S. Blanton was reappointed and James Schlueter was appointed as members of the Architectural Review Board for terms ending October 1, 2005. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk File #192 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, November 5, 2001, you were requested to report to Council at its next regular meeting on Monday, November 19, 2001, at 2:00 p.m., with a time frame for completion of architectural design for the Roanoke Civic Center Improvement Project. The City Manager and City Clerk were requested to schedule a Council Financial/Planning Session in early 2002 to discuss funding sources. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations James M. Evans, Director, Department of Civic Facilities 'Barry L. Key, Director, Office of Management and Budget N:\CKMHl~gcnda.01~qovember 5, 2001 correspondancc.wpd RECEIVED CITY CLERKS OFFICE' Office of the City Manager NOV-1 g10.'29 November 5, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Civic Center Improvement Project This is to request 45 minutes on Council's 12:15 p.m. agenda for a briefing on the above referenced subject. Respectfully submitted, Darlene L. Burcham City Manager DLB:ca c: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us RESOLUTION OF TILE, ROANOKE CIVIC CENTER COMMISSION OCTOBER 31, 2001 A RESOLUTION of the Roanoke Civic Center Commission (Commission) authorizing the Chair to sign a letter to Roanoke City Council recommending a capital improvements project at the Roanoke Civic Center. WHEREAS, the Civic Center is in critical need of expansion and upgrades in order to effectively compete for business, and to meet the needs of the community; and WHEREAS, at the Commission's meeting on October 31, 2001, the Director of Civic Facilities presented a proposal for construction of a $14.9 million Exhibit Hall with associated improvements; and WI-1F,~AS, the Director of Civic Facilities has recommended a funding scenario for retirement of debt service on the above construction; and WHEREAS, the Commission believes the proposed improvements package would be in the best interest of the City. THEREFORE, BE IT RESOLVED by the Roanoke Civic Center Commission as follows: The Chair is hereby authorized to sign a letter on behalf of the Commission recommending the following to Roanoke City Council: 1. That City Council authorize $14.9 million in improvements to the Roanoke Civic Center, to include a 32,000 sq. ft. Exhibit Hall and other improvements needed for the Civic Center. 2. That City Council request Legislative action to authorize the City to increase the City H:m~ions to c~y mun~ 1 Attest: Secretary Admissions Tax from 5% to 10% on admissions at the Roanoke Civic Center only. That City Council request Legislative action to provide the City with reimbursement of 2% sales tax revenues generated at the Roanoke Civic Center. That City Council concur with the Commission's plan to establish a CMo Center Capital Improvements Fee on ticket sales for Civic Center events not to exceed 5% of the ticket price, with such fee to be effective for events occurring on or after July 1, 2002, and the proceeds of such fee to be used to help fund the above improvements package. That City Council appropriate $850,000 for the purpose of initiating and completing the Architectural and Engineering process for the above improvements package for purposes of having the project placed out for bids. Chair Date: l, / H;\CC'~recomendatiom to cigr ~ouneil 2 Expansion, and ~e N · Enclosure: o~pl~a: ~ E:~pansion p~opOsal ~ase ~ ~ 1,250~000i RECEIVED CITY CLERKS OFF)CF '01 NOV 14 A9:10 ROANOKE CIVIC CENTER Economic Feasibility Study of Future Needs and Improvements Presented by: SPORTS II. Executive Summary ISP Sports was retained by the Roanoke Civic Center to conduct a comprehensive study of the ecOnomic feasibility of the complex imProvements recommended in the Study for Civic Center Future Needs by Rosser International from the perspective of construction and opera- tional costs. This study is designed to be primarily site-specific, supported by information derived from individuals, facility users and other facilities pertinent to this study. (See Table 1 ) Existing Conditions The Roanoke Civic Center complex is an aging facility with shortcomings and challenges becoming more apparent each year. Originally intended as a multi-purpose event center, it's facility limitations are more affecting each year. Civic Center management faces the consider- able challenges of remaining competitive in the events marketplace and satisfying the growing demands of event promoters and the public sector. Primary short-comings of the Roanoke Civic Center complex include., limitations in back of house space and amenities, spectator amenities, parking spaces and exhibit hall space. In addition, the number of seats is inadequate to consistently attract major concerts and shows. In response to the pressures and challenges faced by the civiC center complex, management is exploring the feasibility of a major renovation and expansion of the complex. · Roanoke Civic Center Complex Event History The civic center complex continues to host a variety of events addressing the entertainment needs of the Roanoke SMA and Southwest Virginia. Primary event users include sporting events, concerts, family and consumer shows, trade shows and conventions. The number of annual events held in the civic center complex remains relatively consistent, but the total atten- dance at these events is decreasing at an alarming rate. With the exception of major concerts, attendance decreases are being experienced with essentially all other types of events. Primary reasons appear to be the facility's aging, out-dated appearance, limited exhibit hall space and numerous scheduling conflicts preventing the civic center from attracting more events. There has also been a notiCeable decline in public interest and support of the profes- sional hockey franchise. Attendance at and revenu.e, derived from sporting events and concerts represent a significant center is tied closely to the future success of the complex's major tenants (hockey and arena percentage of the complex s total attendance and revenue figures. Future success of the civic football franchises) and continuing the positive momentum in attracting major concerts. ~PORT~ Interviews with Existing Users and Potential Corporate Sponsors While the civic center continues to be a popular loCation for scheduling a vadety of events, interviews with current users (event promoters, meeting planners, etc.) indicate serious con- cerns about space limitations, compromised spectator amenities, inadequate parking and scheduling conflicts with other events. The civic center complex is presented as a multi-purpose facility but in fact is severely limited in the number and types of events it can host at once. The complex is essentially "held hos- tage'' by certain traditional events that tie up facility space for uses for which it was not in- tended (ex. Coliseum floor space for trade shows and exhibits). This dilemma significantly restricts management from attracting more popular and profitable events Discussions with current event users indicate considerable interest in continuing and expand- lng their relationship with a renovated and expanded civic center complex. They were unani- mous in the belief that per-event attendance would increase both from the positive impact of a newly renovated facility and by expanding the seating capacity. Indications were clear that several event promoters would likely schedule more events if the proposed improvements were implemented. Interviews with potential corporate sponsors were particularly encouraging. There was sub- stantial interest shown in the proposed improvements and inclusion of box suite and club level seating purchase options. This interest should translate into a dependable and growing rev- enue stream lending greater credence to the financial viability of the improvement project. Complex Utilization Projections , Subsequent to implementing improvements suggested in Rosser International s study, usage of the civic center complex by event promoters, meeting planners and sporting events is expected to increase for a variety of reasons. In addition to improving the general appearance and image of the complex, the primary facility improvements include increased back of house amenities, additional seating and parking, and expanded exhibit hall space. Correction of these three concerns avails the complex to scheduling larger, more prOfitable events, becom- ing truly a multi-purpose facility. The excitement generated by a renovated facility and the aggressiveness of civic center management lend added optimism for increased utilization of the civic center complex. OANO[r_ Complex Attendance Projections We project attendance increases subsequent to each proposed phase of construction, with the coliseum and eXhibit hall serving as focal points of increased usage. Attendance increases reSulting from Phase I should result primarily from revitalization of spectator interest in the facility due to the cosmetic improvements, introduction of box suites, club seating and height- ened interest of event planners in considering the Roanoke Civic Center for more events. The expansion of exhibit hall space included in Phase II will allow scheduling larger trade shows and resolve the space and scheduling conflicts that have traditionally hindered civic center management in accomodating more events. The increase in seating achieved in Phase III should enable civic center management to attract more popular and larger events, also resulting in greater attendance. Revenue and Expense Projections If no significant improvements are undertaken for the civic center complex, our projections for operating revenue and expenses for the next several years indicate cause for concern. The multiple factors involved in creating negative revenue and attendance momentum are diverse and difficult to correct without significant financial investment and support. Recently, civic center management has made remarkable strides in reducing the complex's annual operating deficit and attracting better, more popular shows. This momentum is likely to be Short-lived unless substantial cosmetic and functional improvements are made to the civic center complex. Concerns voiced in interviews with event planners combined with the recent event attendance history and continuing scheduling conflicts lead us to believe that progress in reducing the budget deficit will eventually subside and likely return to the days of deficit production. Revenue and Expense Projections for Phases !, II and III The improvement plan recommended by Rosser International is presented in three phases. Different complex needs and improvements are met by each phase of construction, necessi- tating a tie~ed approach to projecting operating and revenue figures. Phase I is highlighted by functional improvements to the complex and the introduction of box suites and club seating. Revenue increase following completion of this phase is heavily depen- dent upon the sales of box suites and club seats. Management should also anticipate an increase in operating revenue and attendance due to the image enhancement created by a refurbished facility. Projections show a net operating revenue of $311,496 over the estimated net operating deficit of $66,496 shown for year 2000. Phase II incorporates a substantial increase in exhibit hall space, allowing for an increase in the number of trade shows and conventions that can be scheduled. Projections show an increase in net operating revenue of $34,000 in the first year following renovation above the increase projected following Phase I. Ultimately, the expansion of exhibit hall space will solve many of the scheduling conflicts faced by civic center management in presenting the complex as a multi-purpose event center. Phase III should produce significant increases in operating revenue due to the addition of 3,200 front-of-stage seats in the coliseum. This improvement will allow greater revenue from major events currently held in the coliseum and provide the coliseum the important 12,000-seat threshold desired by promoters of major acts such as Faith Hill and Tim McGraw Economic Impact Projections: A primary purpose of facilities such as the Roanoke Civic Center is to assist in generating economic benefits to the local and state economies from the contructiOn and eventual func- tional phase by attracting spectators, new visitors and their expenditures to the facility and surrounding area. Projections indicate a potential direct economic impact on the Roanoke area of $55,686,992 fromthe construction phase. Projections for annual direct and indirect economic impact from the recommended improve- ments as indicated in Chart 12 of this report are substantial and escalate with each phase of construction. These figures are estimates based upon information provided by the Roanoke Valley Convention and Visitors Bureau, the Roanoke City Finance Department, civic center management and from economic formulas developed by the firms of Lavanthoi & Horwath and Coopers & Lybrand. When considering the total projected economic impact created by the recommended improve- ment project, including projections for increases in net operating revenue and the economic impact of facility construction and direct and indirect spending in the Roanoke market, this investment deserves serious consideration by the city of Roanoke. 8 Fu. nding Recommendation: While it is not the intention of this study to provide final funding solutions for the Roanoke Civic Center complex improvements, several new revenue sources have been identified which should factor into the feasibility of funding such a project. In addition to the increase in projected revenue from normal operations of a renovated facility, this report has identified other new revenue sources resulting from the recommended improve- ments included in Phase I. These could play a significant role in assessing the feasibility of committing to any or all phases of the renovation and expansion. Taking into consideration a projected ten-year rather than five-year term, the figures provided below are slightly higher than those presented in Section V.B. There should be expected increases in annual revenue beyond those projected due to normal cost increases and in- creased annual sales of club level seating. Our figures continue to use revenue generated from the sale of 12 box suites. It is reasonable to expect revenue from this source to be higher than the figure presented below as the new suites are made available. * Box Suite sales $100,000 per year (projected $1.0 million over 10 years) * Club Level Seating sales $ 80,000 per year (projected $800,000 over 1 O-years) * Naming Rights $300,000 per year (10-year agreement) Total New Annual Revenue: $480,000 per year ' (projected as $4.8 million over 10 years) Using calculation formula estimations provided by the city of Roanoke Finance Department, this additional $480,000 in annual revenue could be invested in satisfying debt service on a projected bond indebtedness of $4.8 million to be used in financing the complex improvement project. , Currently, the civic center complex receives $850,000 per year from the city of Roanoke s general fund for operations and capital improvements. With the civic center management's recent success in reducing the complex's annual operating deficit, reliance on this funding for day-to-day needs has diminished. We recommend this funding be reallocated to place $150,000 annually in a capital improvements contingency fund and invest the remaining $700,000 in annual debt service of $7.0 million to be used in financing the complex improve- ment project. ' Utilizing both funding recommendations described above allows the city of Roanoke to finance a minimum of $I 1 '8 million of the cost of the improvement project. In effect, 49% of debt ser- vice of Phase I and beyond can be financed from revenue sources previously unavailable. ~ ~~ 9 ~F~ Summary By all accounts, the Roanoke Civic Center complex is a valuable but aging asset to the city of Roanoke and Southwest Virginia. Remarkable strides have been made in recent years by civic center management in reducing the annual operating deficit that has beleagured the complex since it's inception. Dramatic improvement in the quality and quantity of major events have provided positive additions to the complex's operating revenue and public image. We believe these gains to be relatively short-lived due to the current physical condition of the facilities and the increasing needs and demands of event promoters. Failure to address the short-term and long-term needs of the civic center complex will inevitably result in diminishing returns on the notable efforts and successes currently experienced by the civic center complex and the city of Roanoke. Rosser Intemational's Study for Future Civic Center Needs and Improvements is an impres- sive, exciting response to the current and future needs of the Roanoke Civic Center complex. Their recommendations address essentially every concern and need voiced by event planners during the interview phase of our study. Inclusion of box suites and club level seating provides the amenities needed to attract potential corporate sponsors, and an additional revenue stream. The additional parking provided by Phase II addresses a need familiar to anyone who has attended an event of any magnitude at the civic center. It would actually be unwise to invest beyond Phase I without adding the recommended parking. From the high degree of interest expressed by event planners and corporations, we feel the timing is ideal for renovation and expansion of the Roanoke Civic Center. These improve- ments will convert it into a modem facility meeting the changing needs of its event users and demands of a deserving public. We also have concern about the complex's future viability as an entertainment and sporting event facility if the identified needs are not addressed in a significant, pro-active manner. Indeed, the city of Roanoke may be in the position of having to make a substantial financial commitment to upgrading the complex or risk owning a civic facility suffering inevitable loss of its market share of events and public support. We do not project that the costs of the improvements will ever be balanced by revenue gener- ated directly from facility operations. But, when considering the long-term economic impact of this project on the city of Roanoke and surrounding market and the entertainment value this complex presents to the Roanoke community, this is an investment that should be seriously considered. ' ***t** Bra 17o ok · CIVIC C F NTFR ~ P 0 R T ..~ With sporting events representing a significant percentage of the events and revenue genera- tion of the civic center complex, it is 'highly advisable that the coliseum's primary tenants be considered and'supported in'whatever fUture efforts are undertaken. A renovated facility and its tenants experienCe a unique opportunity t° "re-invent" themselves, creating a mutually productive opportunity for all concerned. With the recent hist(~ry of the hockey franchise and concerned noted by the corporate sector, added credence should be given to this benefit. The civic center has experienced considerable success with recent major concerts and their positive impact on attendance and revenue. However, surveys of event promoters indicate the need for improvements such as increasing the coliseum's seating capacity, upgrading "back of the house" facilities and improving spectator amenities in order to remain a viable competi- tor in the major concert market. Continued progress in attracting major concerts is critical to the long-term financial success of the renovation project. ' With the improvements recommended, the Roanoke Civic Center will have an enhanced opportunity to present itself as a more accommodating, serviceable facility for events that have previously declined scheduling dates. In conclusion, ISP Sports has reviewed and endorses Rosser International's recommended improvements and the manner in which they address the current and future needs of the Roanoke Civic Center complex. If initiated, this project will virtually transform the complex into a new, modern civic asset for much less than a new the cost of facility, dramatically increase event planner and spectator support and maintain the complex's dominance and competitive edge as th entertainment center for Southwest Virginia. Ro 'ok r,,,,r ~ P 0 RT-~ RECEIVED CITY CLERKS OFFICE Office of the City Manage~' '01 NOV-1 A10:29 November 5, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Dear Mayor Smith and Members of Council: Request for closed meeting 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 {}2.2- 3711(A)(3), of the Code of Virginia (1950), as amended. Sincerely, City Manager DLB/f C: City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Rt~,q.r~.4~£CEtYEO P.O. Box 1220 t;IrY CLERKS 0FFIC~;~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2~1 Fax: (540) 853-6142~' NOV -1 ~0:30 November 5, 2001 JESSE A. HALL Deputy Director 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 RE: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to discuss a personnel matter relating to the Director of Finance pursuant to {}2.2-3711(A)(1), of the Code of Virginia (1950), as amended. Sincerely, Department of Finance JDG/g C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35622-110501. A RESOLUTION concurring in the request and approving the presentation of a portrait of the late Dr. Noel C. Taylor, former mayor of the City of Roanoke, to his family for display in their home. WHEREAS, in 1970, Dr. Taylor was first elected to City Council, and after being elected Vice-Mayor in 1974, was appointed on October 27, 1975, to fill the unexpired term of Mayor Roy L. Webber, who died in office, after which Dr. Taylor was elected to serve four consecutive four- year terms as Mayor - a total of twenty-two years on Council, seventeen of those as Mayor, until his retirement on June 30, 1992; WHEREAS, Council learned with regret that Dr. Taylor had passed away on October 29, 1999, and on June 19, 2000, City Council adopted a resolution renaming the Municipal Building the Noel C. Taylor Municipal Building, and on December 18, 2000, the building was dedicated as such and a portrait of Dr. Taylor was unveiled in the building lobby; WHEREAS, Anne Bell, a local artist, was commissioned to paint a portrait of Dr. Taylor and, upon delivery of the commissioned portrait, Ms. Bell gave to the City, at no cost, a smaller portrait which remained on display for a period of time. WHEREAS, a request has been made by Barbara Smith Taylor, Dr. Taylor's widow, that the smaller portrait be given to the Taylor family to be displayed in their home, and the City's Arts Commission has concurred in this request. H N~I EASURES~r-mayorpor~ait 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35623-110501. A RESOLUTION memorializing the late Edward L. Lambert, a resident of Roanoke, a former lieutenant in the City Sheriffs Department and member of the Roanoke Civic Center Commission. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Lambert on Tuesday, October 9, 2001; and WHEREAS, Mr. Lambert was a retired lieutenant from the Roanoke City Sheriffs Department with more than 30 years of service; and WHEREAS, Mr. Lambert was a longtime member of Oakland Baptist Church, where he served as a deacon and president of the Travelers Sunday School Class; and WHEREAS, Mr. Lambert was an official for many Roanoke area athletics; and WHEREAS, Mr. Lambert was a volunteer at Carilion Roanoke Memorial Rehabilitation Center; and WHEREAS, Mr. Lambert was appointed to the Roanoke Civic Center Commission in November 2000 and served for 10 months. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Edward L. Lambert, and extends to his family its sincerest condolences. H:~VlEA SURES~r-lamb~rt. 1 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Lambert's widow, Nancy Hatcher Lambert. ATTEST: City Clerk H:~IEASURES~r-lambe~ 1 Office of the' Mayor CITY OF ROANOKE National Hunger and Homelessness Awareness Week was first publicized and promoted as a national event by the National Student Campaign Against Hunger and Homelessness in 1988; and every year during the week before Thanksgiving, the National Student Campaign Against Hunger and Homelessness and the Na(ional Coalition for the Homeless co-sponsor National Hunger and Homelessness Awareness Week as schools throughout the country participate in fasts, sleep outs, canned food drives and fundraisers to raise awareness of and to take action on the problems associated with hunger and homelessness, both domestically and internationally; and- the Roanoke Valley Task Force on Homelessness, the Homeless Assistance Team and local homeless shelters, including TRUST, The Rescue Mission, Roanoke Area Ministries, Total Action Against Poverty's Transitional Living Center, The SalvationArmy Red ShieM Lodge, The Salvation Army Turning Point, Samaritan Inn and Interfaith Hospitality Network will host awareness-raising events during the week of November I 1 - 17, 2001. NOW, THEREFORE, 1, Ralph K Smith, Mayor of the City of Roanoke, Virginia, in order to increase public awareness and to encourage citizen participation to combat the problems associated with hunger and homelessness, do hereby proclaim November 11 - 17, 2001, throughout this great All-America City, NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEI~- Given under our hands and the Seal of the City of Roanoke this ninth day of November in the year two thousand and one. ATTEST: Mary F. parker City Clerk Ralph K Smith Mayor REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL October 1, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, October 1, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter 2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members C. Nelson Harris (arrived late), W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder and Mayor Ralph K. Smith ........................................................................................ 7. ABSENT: None ........................................................................................ -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. CITY ATTORNEY-COUNCIL: A communication from the City Attorney requesting that Council convene in Closed Session 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, was before the body. Mr. Hudson moved that Council concur in the request of the City Attorney to convene in Closed Session 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. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: None .......................................................................................... -0. (Council Member Harris entered the meeting during the first Closed Session.) MUNICIPAL AUDITOR-COUNCIL: A communication from Council Member C. Nelson Harris, Chair, City Council's Personnel Committee, requesting that Council convene in Closed Session to discuss appointment of a new Municipal Auditor, 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 Council Member Harris to convene in Closed Session to discuss appointment of a new Municipal Auditor, pursuant to Section 2.2-3711.A. 1, Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: None .......................................................................................... -0. (Council Member Harris entered the meeting during the first Closed Session.) CITIZEN OF THE YEAR-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in Closed Session to discuss a special award, i.e.: 2001 Citizen of the Year, pursuant to Section 2.2-3711 .A. 10, Code of Virginia (1950), as amended, was before the body. Mr. Hudson moved that Council concur in the request of the Mayor to convene in Closed Session to discuss a special award, i.e.: 2001 Citizen of the Year, pursuant to Section 2.2-3711.A. 10, Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 6. NAYS: None ............................................................................................ 0. (Council Member Harris entered the meeting during the first Closed Session.) At 12:25 p.m., the Mayor declared the meeting in recess for the first Closed Session as requested by the City Attorney. At 12:40 p.m., the meeting reconvened in the Emergency Operations Center Conference Room, Room 159, for two briefings; i. e.: the 800 MHz Trunking System Intergovernmental Agreement and a Housing Update. COMMUNICATIONS DEPARTMENT-POLICE DEPARTMENT-EQUIPMENT: George C. Snead, Jr., Assistant City Manager for Operations, introduced a briefing on the 800 MHz Regional Radio Trunk system. As background information, he advised that in 1995-96, Roanoke City and Roanoke County engaged in a review of four regional issues, one of which was a regional radio communications system. At that point, he stated that Roanoke County had a 800 MHz system which was experiencing coverage problems and other issues of concern, and the City had an older Iow band radio system that was also experiencing serious performance problems. He advised that following study of the two systems, a report was submitted to Council advising that it was in both the City's and the County's best interest to create a regional system; and in December 1997, Council authorized a regional intergovernmental agreement and further authorized the City Manager to enter into contracts to upgrade and ultimately obligate approximately $6.8 million for capital costs associated with a regional project. He explained that the word "trunk" is defined as a computerized radio system composed of 23 frequencies, with one of the frequencies used as the control frequency for the other 22, and the 22 remaining frequencies allow various talk groups that are designed and programmed into the computerization of the system to talk on the same frequency without any time waiting or hesitation. He stated that today, a police officer in Roanoke City and an officer in Roanoke County, using similar radio equipment, can talk fluently with one another. He advised that the technology deals with two major issues that Council has repeatedly placed on high priority for the City's agenda; i.e.: improved customer service, both internally and externally, and regionalization as a means for improved efficiency and effectiveness. He stated that the proposal to be presented to Council is a regional approach via a jointly owned and operated system that serves operating departments in two different municipal operations, and the MHz system is the backbone for other regional concepts to be considered. Joseph D. Slone, Director, Department of Technology, briefed Council Members on elements of the lap top computer to be placed in police vehicles by demonstrating developmental stages of the stand alone version of certain functions that are currently being explored. Questions were raised with regard to the technology and its interaction with the dispatching function for fire and emergency medical services. In a follow-up communication to Council by the City Manager dated October 5, 2001, she advised that the proposed amendments do not affect the dispatching function in any manner; as regional fire agreements become operational, the City's' 9-1-1 Center will be dispatching Roanoke County and City of Salem fire and rescue units directly; City of Salem and Roanoke County fire stations are being equipped with MOSCAD radio equipment which will provide the same notification capabilities as City fire-ems stations; and using the MOSCAD radio equipment, City dispatchers will dispatch Salem and Roanoke County units into the City on calls for service. She further advised that currently, there is no need to have Roanoke County maps in the City's computer-aided dispatching system; the 9-1-1 Centers for each jurisdiction have the appropriate mapping and dispatching capability for calls within their respective territories; calls dispatched for Clearbrook and Salem No. 2 station into the City will be dispatched like all dispatches to all City fire-ems stations; a request for City apparatus to respond into Salem will be dispatched in the same manner as mutual aid requests are currently dispatched through a direct phone line from the Salem 9-1-1 Center to the City's dispatch center and the initial request will be received via a direct phone line call from the Salem 9-1-1 Center to Roanoke City. The City Manager advised that to insure that dispatching protocols are incorporated into the agreements, two dispatching supervisors were assigned to the original Transition Team to address and resolve any communication issues. HOUSING/AUTHORITY: The City Manager introduced a briefing on housing issues in the City of Roanoke. She advised that there is a concern on the part of neighborhoods about the future, both in terms of the need to continue to stabilize neighborhoods that are already stable to insure that they do not fall into decline as they age, but also the need to bring stability to some of the deteriorating neighborhoods and to look at the current mix of housing in order to plan for a different housing mix in the future in response to the changing needs of the population. She stated that as a part of the 2001-02 budget process, a new department of housing and neighborhood services was created to give increased attention and focus to the entire issue of housing, and one of the primary objectives of the Assistant City Manager for Community Development is to evaluate housing issues within the City with the goal of moving the City toward a leadership role in coordination of housing resources. Rolanda A. Johnson, Assistant City Manager for Community Development, presented an update on anticipated actions that will be presented to Council in the future. She advised that all citizens are entitled to live within standard housing and one can drive through any area of the City and identify housing in need of attention. She called attention to recent actions to revamp Community Development Block Grant program funds in order to give more attention to housing issues and to make housing a priority for the City. She discussed certain opportunities and initiatives in housing, and referred to important plans and studies, specifically housing strategies, and the importance of receiving concurrence by Council before moving forward. She advised that the first plan is Vision 2000 which was an intensive process that involved citizens who reviewed housing initiatives, neighborhoods as villages, affordable housing, and neighborhood plans. She further advised that the Melrose Rugby Neighborhood Plan has been completed and plans are underway for neighborhood plans for Belmont/Fallon, Peters Creek North, Southern Hills, Old Southwest, Gainsboro, Downtown Roanoke and Gilmer. She explained that the 21st Century Challenge and the Fair Housing Study are other plans that will be addressed; the 21 st Century Challenge report addressed housing inventoryto insure the location of houses and vacant lots in various neighborhoods; and the Fair Housing Study will review various housing issues such as housing choice, diverse housing, and housing availability, with a goal to insure that there is an affordable and ample housing supply. She advised that the City has discussed housing issues with the Department of Housing and Urban Development and HUD has authorized the City to purchase two houses for $1.00 which will be used in connection with a housing program in Roanoke's neighborhoods for police officers and school teachers; one house is located on Rorer Avenue, S. W., which is a two unit property that is proposed to be rehabilitated and offered for rent to police officers and/or school teachers that meet CDBG income guidelines; and the other house is located on Dale Avenue, S. E., and will be available for purchase. She explained that monies that were recently diverted from the CDBG program that were previously used to fund the salaries of building inspectors will be used to rehabilitate the properties; since CDBG funds are to be used, the City will have flexibility in financing options ranging from a grant, to a zero percentage loan, to a forgivable loan, and the City will work with local financial institutions to take advantage of certain financing programs that have not been utilized in the past. She advised that the City has been contacted by two groups: Design Competition and Christmas in April, with a request that the City identify certain neighborhoods to insure that housing design fits within a specific neighborhood. She stated that the City recently purchased a number of properties, thereby providing an opportunityto revitalize certain neighborhoods; and in different parts of the country, cities have selected specific pieces of property for neighborhood revitalization. She further stated that ten key pieces of property were acquired by the Roanoke Redevelopment and Housing Authority, at a cost of approximately $36,000.00, with the goal to either sell the property to a not for profit organization that has the capacity to rehabilitate the property or to private developers. Ms. Johnson advised that City staff will be looking at those areas that have synergy, areas where other private and public entities are located in the neighborhood, areas that have a private and public funding stream, areas that are visible with high traffic volume or main thoroughfares, and those neighborhoods that currently have an established neighborhood organization, to evaluate housing value and housing stock as well as mixed use potential. She stated that the above information will be provided to the Roanoke Neighborhood Partnership for the purpose of selecting one neighborhood to participate in the Housing Design Competition Group and Christmas in April programs to insure housing design. With regard to the sale of properties subject to delinquent taxes, she advised that the City is investigating a program which is currently implemented in the City of Richmond that requires a prequalification process to insure that individuals purchasing properties are not subject to outstanding property tax liens, weed liens, etc., and the program also requires submittal of a proposed use plan for the property. In proposing targeted housing rehabilitation areas for next year, Ms. Johnson explained that there will be citizen and neighborhood involvement, with a portion of the City's CDBG funds designed to neighborhoods, and the City will continue to build neighborhood capacity to support the not for profit sector to encourage involvement in not only selection, but rehabilitation of housing stock. With regard to the program designed to provide housing opportunities for police officers and school teachers, there was discussion in connection with offering the houses as two family dwellings, safety of the neighborhoods and whether the location of the houses will attract police officers and school teachers; development of housing by government versus private developers; fire fighters should be considered as another group of City employees to include in the abovereferenced housing program; spreading out target neighborhoods to provide a balance throughout the City; the City has to take a risk in order to encourage private developers to use private funds to invest in neighborhoods; considerable sums of money can be spent to improve a neighborhood, but the neighborhood will remain in its present form unless an educational component is included to teach responsibility to property owners/tenants; and upper end developers should be targeted by the City for housing development. 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, October 1,2001, 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 C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, William D. Bestpitch, William H. Carder, and Mayor Ralph K. Smith .................................................................................................. 7. ABSENT: None ................................................................................... -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by The Reverend James P. Beatty, Pastor, Bethel AME Church, Cave Spring. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS: PROCLAMATIONS-MENTAL HEALTH SERVICES: The Mayor presented a proclamation declaring September 30 - October 6, 2001, as Mental Illness Awareness Week in the City of Roanoke. PROCLAMATIONS: The Mayor presented a proclamation declaring the month of October, 2001, as United Against Hate Month in the City of Roanoke. PROCLAMATIONS-FIRE DEPARTMENT: The Mayor presented a proclamation declaring October 7 - 13, 2001, as Fire Prevention Week in the City of Roanoke. PROCLAMATIONS-SCHOOLS: The Mayor presented a proclamation declaring October 11, 2001, as Lights on Afterschool! Day 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. INDUSTRIES-ARCHITECTURAL REVIEW BOARD-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in Closed Session to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board and the Industrial Development Authority, pursuant to Section 2.2-3711.A. 1, Code of Virginia (1950), as amended, was before the body. Mr. Harris moved that Council concur in the request of the Mayor to convene in Closed Session to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board and the Industrial Development Authority, pursuant to Section 2.2-3711.A. 1, Code of Virginia (1950), as amended. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ......................................................................................... -0. 7 EASEMENTS-NEWSPAPERS: A communication from the City Manager advising that pursuant to requirements of the Code of Virginia (1950), as amended, the City of Roanoke is required to hold a public hearing on the proposed conveyance or vacation of property rights; whereupon, she requested that a public hearing be advertised with regard to abandonment of a permanent utility easement in connection with the Times World Corporation expansion project on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chamber, was before the body. Mr. Harris moved that Council concur in the request of the City Manager to advertise a public hearing as abovereferenced on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ....................................................................................... 0. COUNCIL-LANDMARKS/HISTORIC PRESERVATION: A communication from Council Member C. Nelson Harris advising that over the course of many years, significant historic buildings have been lost in the central downtown area, including the Roanoke High School, Academy of Music, movie theaters, Terry Building, and some hotels to name a few, was before Council. He presented a proposal that a plaque recognizing where the structures stood be installed in the sidewalks at the addresses of the former buildings; and the plaques would be simple, durable markers that could make a "historic trail" through downtown Roanoke and complement other historic and cultural amenities of this region of the City. Mr. Harris stated that in order to move forward on the project, he has discussed the matter with the City Manager, Kent Chrisman, representing the Roanoke Valley Historical Society and Matt Kennell, representing Downtown Roanoke, Inc., who have agreed to be of assistance in forming a working group to solidify the concept for presentation and hopefully adoption by Council. He noted that once the buildings to be marked and the type of plaques to be installed have been identified, he will submit a more complete presentation to Council for consideration and approval; whereupon, he requested that $25,000.00 be referred to the 2002-03 budget study for the proposed project. Mr. Harris moved that Council concur in the request to forward $25,000.00 to 2002-03 fiscal year budget study. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................ 0. MUNICIPAL AUDITOR-OATHS OF OFFICE: The following report of qualification was before Council: Troy Andrew Harmon as Acting Municipal Auditor, effective September 28, 2001, at 12:01 p.m. Mr. Harris moved that the report of qualification be received and filed. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ......................................................................................... 0. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: PARKS AND RECREATION: E. Duane Howard, 508-B Walnut Avenue, S. W., advised that the name Elmwood is approximately 170 years old and the estate became Elmwood when the area was known as Big Lick. He stated that just as citizens recognize historical Gainsboro as a part of the City's early history, likewise, the name of historic Elmwood Park should never be changed for any one, past, present or future, because to do so would diminish and dishonor the contributions of Roanoke's early settlers who once lived in the area. He referred to Council Member Harris' proposal to spend $25,000.00 to place commemorative plaques throughout downtown Roanoke to recognize the location of many former buildings that are now appreciated for their contributions, growth and prosperity to early downtown. He also referred to the home that once stood on top of the hill and became known as Elmwood in about 1830 and later became the City's first library, and, to this day, Elmwood Park has remained the home of the City's main library. He stated that when the City purchased Elmwood in 191 l, it became the third park in the City and led to the formation of the City's first five man parks department. He noted that the present Council can prevent a future Council from having to spend money to lay a plaque to remember Elmwood Park by realizing and appreciating that Council Member Harris' proposal deals with remembering history, names, places, and dates, and within that spirit, the name Elmwood should stand as a memorial to honor all of those persons who have come and gone, and by preserving its name, there will be no need for future generations to lay a plaque to remind citizens of the past. He encouraged Council to adopt a measure giving Elmwood Park the historic status that is so long overdue, thereby laying to rest any future attempt to alter the rich heritage that lies within downtown Roanoke. He advised that during former Mayor Noel C. Taylor's administration, the City spent $750,000.00 on the renovation of Elmwood Park and the park was rededicated in 1985 under the leadership of Mrs. Robert W. Woody, the wife of a former Mayor of the City of Roanoke. Ms. Brenda Hale, 3595 Parkwood Drive, S. W., advised that the name, Dr. Martin Luther King, Jr., is a name that is recognized world wide. She stated that Dr. King was a man of peace and love, a Nobel Peace Prize recipient, a civic rights champion, and a hero, and when she visits a new city and sees the name Dr. Martin Luther King, Jr., imprinted on a library or a building or a street, she experiences a feeling of welcome as do many other African-Americans and persons of other races. She asked that Council look at the word "hate" and replace it with another four letter word, "love," and try to love and embrace the over 70 nations that are represented in the City of Roanoke. She stated that Dr. King led the war for equality, justice and non-violence, and he provided solutions for civil rights issues that all citizens enjoy in the form of the Civil Rights Act which made life better for all people. She added that Elmwood Park was recommended to honor Dr. King after long hours of laborious research, listening to discussions and a multitude of other excellent suggestions, because the space honoring Dr. King's memory should be an area for the living which will provide a memorial where people can visit on a regular basis throughout the entire calendar year. She stated that if Roanoke is to move forward into the 21st century, it should add the name of Dr. Martin Luther King, Jr., to its history which will impact the future of Roanoke and send a resounding message to the youth of the community. Former Congressman James Olin, 175 27th Street, S. W., advised that a committee of 16 persons representing a cross section of the City of Roanoke worked for over a year on an appropriate recommendation to honor Dr. King's memory. He stated that the committee listened to ideas from numerous persons, and concluded that to rename Elmwood Park in honor of Dr. King was the appropriate action. He added that if Elmwood Park is named in Dr. King's honor, every year on the anniversary of his birth, Dr. King's name will receive attention and more people will benefit and learn from the teachings and achievements of this great American. Without objection by Council, the Mayor advised that all remarks would be received and filed. FIRE DEPARTMENT: Ms. Bethel advised that her presentation would consist of a videotape regarding fire stations. ]0 The Mayor inquired if the videotape will last more than five minutes; whereupon, Ms. Bethel responded that the videotape consists of approximately ten minutes. The Mayor advised that unless he was overruled by Council, the sound technician was instructed to stop the videotape at the end of five minutes. At the conclusion of the first five minutes of the videotape, for the record, Mr. Bestpitch advised that Members of Council have previously viewed the videotape in its entirety. Ms. Helen E. Davis, 35 Patton Avenue, N. E., advised that all is not well in the northwest section of the City of Roanoke. She stressed the importance of fire and emergency services to all neighborhoods in Roanoke City and Roanoke County; therefore, citizens are deeply concerned about the proposed closure of five fire stations, four of which are located in northwest Roanoke, i. e.: No. 12 - Salem Turnpike, No. 9 - 24th Street and Melrose Avenue, No. 5 - 12th Street and Loudon Avenue, No. 3 -Sixth Street and Rorer Avenue, and No. 1 -downtown Roanoke. She stated that many citizens believe that only one fire station is to be closed because the news media refers only to Fire Station No. 12. She added that when four fire stations in one section of the City are proposed to be closed, citizens are left without fire and emergency medical services protection, citizens believe that the City's reported response time is not correct, and citizens are not in favor of taking tax dollars from the northwest section of the City. She stated that a community meeting should be held where citizens are permitted to ask questions and receive responses because many neighborhoods make up the community and information about proposed fire station closures should be available and given to as many citizens as possible, concurrently, so as to provide adequate public input. She stated that closing fire stations is a serious matter and citizens need to be provided with all of the facts. Mr. Martin Jeffrey, 3912 Hyde Park Drive, S. W., Roanoke County, advised that there have been numerous lobbying groups who address Council under the Hearing of Citizens section of the City Council agenda and they receive ten minutes to make their presentations; therefore, it is not appropriate for business interests to receive ten minutes and for individual taxpayers to be limited to five minutes. He stated that there are two forces at work in the world today: good and evil; there is considerable discussion about eradicating hate when there should be talk about eradicating evil, and September 11 was an example of that kind of evil; however, evil takes place at the state and local levels every day in communities, families and neighborhoods. He advised that the question is: what will be done about evil when it manifests itself in government favoring one group over another, and favoring business interests over elderly citizens and taxpayers in northwest Roanoke who will be affected by major decisions. He stated that the citizens of Roanoke are entitled to see the videotape previously introduced by Ms. Bethel in its entirety. He added that Henry ]! Street improvements, Burrell Nursing Home, Harrison Museum of African -American Culture, Gainsboro, and Fire Stations Nos. 1, 5, 9, and 12, individually and collectively, speak to who we are and what we can accomplish as a community, and when fire stations are reduced, along with staffing and equipment, the risks for citizens are automatically increased. Mr. Bestpitch requested that the record reflect that Council has made a decision to terminate the lease for Fire Station No. 12; however, no decisions have been made regarding the closure of any other fire stations in the City. Ms. Wyatt concurred in Mr. Bestpitch's statement, however, she stated that the proposed closure of additional fire stations is included in a written report from the Fire Chief. Without objection by Council, the Mayor advised that all remarks would be received and filed. PETITIONS AND COMMUNICATIONS: BONDS/BOND ISSUES-SCHOOLS: A communication from George J. A. Clemo, Attorney, transmitting measures for VPSA Interest Rate Subsidy Bond Financing for Fairview Elementary School, in an amount not to exceed $2,750,000.00, and Fishburn Park Elementary School, in an amount not to exceed $2,500,000.00, was before Council. Mr. Carder offered the following resolution: (#35591-100101) A RESOLUTION authorizing the issuance of not to exceed $2,750,000 general obligation school bonds of the City of Roanoke, Virginia, Series 2001-A, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35591-100101. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ............................................................................................ -0. Mr. Carder offered the following resolution: (#35592-100101) A RESOLUTION authorizing the issuance of not to exceed $2,500,000 General Obligation School Bonds of the City of Roanoke, Virginia, Series 2001-B, to be sold to the Virginia Public School Authority and providing for the form and details thereof. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35592-100101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................... -0. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: COMMITTEES-HOUSING/AUTHORITY: The City Manager advised that shortly after the City began its update of the Comprehensive Plan, she was approached by representatives of the Fair Housing Board regarding the need for the City to address fair housing issues; therefore, an element of the City's Comprehensive Plan led to the retention of the services of a consultant to assist in preparation of a housing report. She introduced Brenda Powell, Chair, Fair Housing Board, to present the report. On behalf of the Fair Housing Board, Ms. Powell presented copy of an "Analysis of the Impediments to Fair Housing in Roanoke, Virginia", prepared by Housing Opportunities Made Equal, Inc., dated 2001. The following is the Executive Summary: Housing is not simply shelter. Where people live makes a difference in the quality of their lives, what kind of schools their children will attend and the opportunities they will have, the kinds of jobs that will be open to them, and whether or not their housing investment grows. In a community in which there are no impediments to housing choice, everyone has equal access to the same kinds of housing, neighborhoods, amenities, limited only by what one can afford. Unfortunately, that kind of open housing market does not exist. As a result of past discrimination, structural constraints built into the system, and current discrimination, there are many barriers that limit housing choices for residents of the Roanoke metropolitan area. Housing in Roanoke is highly segregated. 89.7% of the population of the metro area lives in census tracts that are either overwhelmingly white (more than 80%) or overwhelmingly black. Although the number of blacks living in Roanoke County increased between 1990 and 2000, the number increased by only 762. Vinton's African-American population grew by 16 African-Americans, and Salem's black population increased by only 421 people. The majority of the area's African-American (85.4%) live in the city, where poverty rates are the highest, while the counties remain predominantly white and middle-class. Based on 1990 census date, the index of dissimilarity (a formula that measures the degree to which blacks and whites are evenly spread among neighborhoods) for the Roanoke metropolitan area was 72.9 %. Based on 2000 Census data the index of dissimilarity was 66.8%. Although there has been some improvement between 1990 and 2000, the numbers are still very high. The numbers indicate that in 2000, 66.8% of the members of one racial group would need to move to a different block group for the two groups to be evenly distributed. Roanoke had a higher index of dissimilarity at the census tract level than the following cities: the Washington, D. C. metro area (63.12%), the Norfolk/Virginia Beach/Newport News metro area (49.20%), the Richmond/Petersburg metro area (57.08%), Lynchburg (37.96%), Danville (34.59%), and Charlottesville (36.29%). Housing choice should not stop at a county or city line. Yet the structure of government in the region (in which all jurisdictions are independent) has barred regional solutions to many problems that are regional in nature. This is as true for impediments to fair housing as for anything else. There is no regional commitment to fair housing, and no political incentive to encourage equal access. The limited amount of affordable housing and support services in the area surrounding the city ensures segregation by income and forces lower-income persons and those who need support services into the city. The lack of a regional transportation system substantially limits the housing choices of those who need or want to use public transportation. There is substantial evidence of current illegal discrimination on the basis of race, disability, and the presence of children in the family. This discrimination occurs in virtually all forms of housing and housing-related activities. In addition, housing choices for persons with disabilities are greatly limited by the lack of accessible housing, and the concentration of group homes and congregate living facilities in a relatively few areas - almost all within the city. Due to the close correlation between race and income, income-based barriers to housing choice fall most heavily on African- Americans, whether they must rely on assisted housing that is available only in certain neighborhoods, or cannot purchase homes because they do not have the funds available for downpayment or closing costs. The City's (and non-profit groups') redevelopment activities are essential components of an effort to eliminate blight in neighborhoods that have suffered from past policies of segregation and a general lack of investment. However, the City has failed to ensure that redevelopment does not simply confirm historically segregated housing patterns, and has made choices about how it spends it CDBG funds that do little to address the city's needs for affordable housing. This study recommends ways to overcome impediments to fair housing. Some of the recommendations involve a continuation or expansion of existing City policies; others represent new actions or directions: Acknowledge the need for regional cooperation to eliminate barriers to housing choice, and support the development of specific inter-jurisdictional cooperative mechanisms to make open housing a reality. Provide fair housing training to housing providers to ensure compliance with the law; provide fair housing education to the community to help consumers identity and challenge housing discrimination. Provide financial incentives to homebuyers to encourage pro-integrative moves. Require affirmative marketing programs for all developments using City funds. Encourage mixed-income and mixed-tenure (rental and homeownership) developments, especially when public funds are used. Direct more CDBG money to housing programs, and consider spending money in targeted neighborhoods in an effort to increase home values there. Support pre-purchase counseling and down payment assistance programs to improve home ownership opportunities for Iow- and moderate- income people. Fund the construction of affordable retirement and assisted living communities. Increase funding for permanent supportive housing that includes drug treatment and mental health services. Encourage consideration of a regional housing authority. Fund the development of a mobility program for section 8 voucher holders. Map, gather, and market logical groupings of City-owned vacant lots to private developers for market rate housing. Make the City a national leader in the effort to increase housing accessibility; support the use of universal design features in all publicly-funded developments. The fair housing board should focus on strengthening the ways in which it assists Roanoke residents in gaining access to state administrative procedures Fund fair housing enforcement (including testing) to address discrimination in all forms of housing and housing-related activities. Ms. Powell presented the Board's vision for fair housing in the City of Roanoke, as reflected in Council's vision, to insure that all citizens of the City of Roanoke will have the opportunity to be important and respected by removing any and all barriers to housing choices. She stated that in order for citizens to enjoy a great quality of life, all participants must work as a team to insure that barriers to housing choices are eliminated, thus enhancing the economic health and wellbeing of the City. She presented the following recommendations of the Fair Housing Board: (1) A request for financial assistance by the City to the Fair Housing Board to provide training for educational programs relating to fair housing. (2) A request for legal assistance by the City Attorney's Office to draft a measure that will be applicable to the future of the Fair Housing Board. (3) Initiation of a public forum in November, 2001 for review of the Fair Housing Study, with the goal of receiving citizen input on future direction. Ms. Powell advised that the Fair Housing Study will provide the impetus for the City of Roanoke to move forward and the Fair Housing Board will provide a progress report to Council during Fair Housing Month in April 2002. She requested that the City of Roanoke embrace the study and encourage all citizens to begin to build a better community where fair housing impediments will be eliminated and housing choices will be a way of life. Without objection by Council, the Mayor advised that the briefing would be received and filed. ITEMS RECOMMENDED FOR ACTION: COMMUNICATIONS DEPARTMENT-CITY INFORMATION SYSTEMS- EQUIPMENT-POLICE DEPARTMENT: The City Manager submitted a communication advising that Council authorized an 800 MHz Regional Radio system and entered into an Intergovernmental Agreement with Roanoke County in December, 1997, for installation and maintenance of the system; the regional radio system was placed into use in 1999 for Public Safety and is now being used by other departments in the City; the initial agreement focused only on the system and the handheld/mobile units that supported the use of voice transmissions; since the initial agreement was approved in 1997, the City is upgrading its Mobile Data Terminals (MDTs) in its public safety vehicles; Roanoke County is also purchasing MDTs for use in County vehicles; both localities are now utilizing the 800 MHz Trunking System, sharing common radio frequencies as approved by the FCC, for transmission of data to the MDTs; and the Intergovernmental Agreement needs to be amended to include use and maintenance of the units in the system. It was further advised that changes requested to the contract provide for addition of the following items: ]7 Inclusion of the MOSCAD fire alerting equipment used bythe City of Roanoke; Expansion of the mobile data equipment for use by both localities; Designation of the County as the contracting agent for maintenance agreements for the equipment and as insurer of the equipment (reimbursed by the City); Change in the designation of the named system manager by the City and the County. The City Manager recommended that she be authorized to execute an amendment to the existing Intergovernmental Agreement with Roanoke County to reflect use and maintenance of MDTs in the Regional 800 MHz Trunking Radio System to be approved by the City Attorney. She advised that a similar request will be submitted by staff of Roanoke County. Mr. White offered the following emergency ordinance: (#35593-100101) AN ORDINANCE authorizing the City Manager to execute an amendment to an Intergovernmental Agreement, dated December 17, 1997, with Roanoke County concerning the Regional 800 MHz Trunking Radio System, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. White moved the adoption of Ordinance No. 35593-100101. The motion was seconded by Mr. Hudson. Following question with regard to funding; i.e.: Roanoke City - $4,020,969.00 and Roanoke County - $881,949.00, the Assistant City Manager for Operations advised that the above referenced figures address a prior agreement and when the 800 MHz system was implemented, Roanoke County already had a substantial portion of its infrastructure in place, and it was necessary for the City to replace a considerable amount of its equipment. The City Manager clarified that the figure does not represent an additional $4 million, but the original contract with amendments, which is intended to add units that are proposed to be installed in police vehicles as previously presented to Council at its 12:15 p.m. session. Ms. Wyatt raised questions with regard to the CAD systems for Roanoke City and Roanoke County which are not compatible because City computers do not contain maps of County streets and County computers do not contain maps of City streets, therefore, the only means of communication is via telephone or radio dispatch which appears to be a step back for City dispatch procedures. She inquired as to the cost of providing a dispatch system that works in tandem with Roanoke County dispatch so that the two localities do not communicate via radio. She advised that the life blood of fire, police and emergency medical services is the dispatch center and as the City moves forward with new projects, be they police, fire, emergency medical services, or refuse collection, it is important to insure that there is no back tracking in terms of quality of service to Roanoke's citizens. She stated that it appears that the CAD systems are not equitable, and it is unfair to citizens and to dispatchers to place them in a position of using radios to dispatch emergency vehicles. Upon suggestion by the Mayor, the Assistant City Manager for Operations advised that a staff briefing could be provided at a 2:00 p.m. Council session that would be beneficial to both the Council and to the public at large. Mr. Bestpitch advised that this is a broad issue and many components need to be kept in mind as the process proceeds. He focused on the agreement with Roanoke County involving the Clearbrook Station and advised that that specific area of the City has been identified with clearly delineated boundaries of the City into which, on or about January 1, 2002, the Clearbrook Station will begin to provide initial response for fire and emergency medical service calls. By January 1, 2002, he inquired if Roanoke County's system will have the necessary data input in order to use a computer generated response as referenced by Ms. Wyatt for that specific area of the City. The Assistant City Manager for Operations responded that this is the type of issue that the Transition Team will address and monthly updates will be provided to Council as the project unfolds. Mr. Bestpitch requested a response to his question and to Ms. Wyatt's concern as a part of the November 2001 update by the Transition Team. Ordinance No. 35593-'100101 was adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .......................................................................................... 0. ARCHITECTURAL REVIEW BOARD-COMMITTEES-ART ACQUISITION-SISTER CITIES: The City Manager submitted a communication advising that Roanoke Valley Sister Cities, Inc. (RVSC) and the City of Roanoke have been working on the Sister Cities Sculpture for several years; Council approved the sculpture project in 1997, which is a seven piece linear sculpture representing each of the existing Sister Cities; artists for the project were chosen from 28 competing artists in a state-wide competition in 1996; and after evaluating numerous sites, Century Square was selected as the most appropriate site for the public artwork since it is in close proximity to the Sister Cities flag display located at Friendship Fountain. It was further advised that the Architectural Review Board must review and approve any alteration, reconstruction, or erection in an H-1 district and issue a Certificate of Appropriateness; Century Square is within an H-1 district, and on June 7, 2001, the Architectural Review Board approved the appropriateness of a conceptual site plan for improvements to Century Square to prepare the park as a site for the Sister Cities Sculpture, and approved installation of the sculpture; and in late spring, the Roanoke Arts Commission also approved the project, thus enabling the City to accept the gift. It was explained that on September 4, Council approved $78,000.00 in the Capital Maintenance and Equipment Replacement Program to facilitate improvements to Century Square, including modification of the trellis, lighting, foundation for the artwork, tables and seating, and appropriated funds to Account No. 008-530-9779-9003; and Roanoke Valley Sister Cities will provide payment to the artists based on a fixed fee schedule for their work and provide funds to address the costs of appropriate signage. The City Manager recommended that she be authorized to enter into an Agreement, the form of which shall be approved by the City Attorney, with Roanoke Valley Sister Cities, Inc., and the artists for creation and installation of the Sister Cities sculpture to be installed in Century Square, and further recommended that Council accept the sculpture gift. Mr. Carder offered the following emergency ordinance: (#35594-100101) AN ORDINANCE authorizing execution of an Agreement among Roanoke Valley Sisters Cities, Inc. (RVSC), Donna Essig and Mimi Babe Harris (Artists) and the City of Roanoke relating to the construction of a work of art, the Sister Cities Sculpture, to be placed in a public space in Century Square; providing for certain improvements to be made by the City to Century Square, and accepting the donation of the Sisters Cities Sculpture; and dispensing with the second reading by title of this ordinance. (For full text of Ordinance, see Ordinance Book No. 64.) 2O Mr. Carder moved the adoption of Ordinance No. 35594-100101. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None ........................................................................................... -0. BUDGET-SEWERS AND STORM DRAINS-WATER RESOURCES: The City Manager submitted a communication advising that the City of Roanoke was notified by the Commonwealth of Virginia Department of Health on May 2, 2000, that due to possible surface water influence, Crystal Spring could not be used as a water supply until the water was treated for potential surface contaminants, which has caused a loss of three to four million gallons of water per day in the potable water supply of the City of Roanoke; a preliminary engineering study determined the most feasible method to treat Crystal Spring water was a membrane filtration system; and after proper advertising, four bids were received on Thursday, September 20, 2001, with Mid Eastern Builders, Inc., submitting the Iow bid in the amount of $4,477,000.00. It was further advised that City staff recommends using a construction administration specialty firm to monitor, inspect and administer the construction project; Construction Dynamics Group, Inc., (CDG) was selected to provide the services in accordance with standard procurement procedures; funding in the total amount of $5,124,700.00 is needed for the project; $200,000.00 will be allocated for the contract for construction administration services abovereferenced; funding will be made available through issuance of Series 2002 General Obligation Public Improvement bond issue; and principal amount of $31,245,000.00 with $5,445,000.00 being allocated for the project, was authorized for issuance by Council at its August 6, 2001, meeting. The City Manager recommended that Council take the following actions: Accept the bid and authorize the City Manager to execute a contract for said work with Mid Eastern Builders, Inc., in the amount of $4,477,000.00, with 365 consecutive calendar days of contract time, and reject all other bids received by the City. Authorize the City Manager to enter into a contract with Construction Dynamics Group, Inc., in an amount not to exceed $200,000.00; Appropriate in advance of issuance $5,124,700.00 from the sale of Series 2002 bonds as follows: $4,924,700.00 to an account to be established by the Director of Finance entitled, "Crystal Spring Water Treatment (Filtration) Plant Construction"; and $200,000.00 to an account to be established by the Director of Finance entitled, "Crystal Spring Water Treatment (Filtration) Plant Construction Administration Services"; and Adopt a resolution declaring the City's intent to reimburse itself $5,124,700.00 from the proceeds of Series 2002 General Obligation Public Improvement Bonds. Mr. Harris offered the following emergency ordinance: (#35595-100101) AN ORDINANCE accepting the bid of Mid Eastern Builders, Inc., for the necessary building construction and equipment installation at the Crystal Spring Water Treatment (Filtration) Plant, 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. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Harris moved the adoption of Ordinance No. 35595-100101. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................... -0. Mr. Carder offered the following resolution: (#35596-100101) A RESOLUTION authorizing a contract with Construction Dynamics Group, Inc., for construction administration services and related work for the Crystal Springs Water Filtration Plant Project. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35596-100101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None .......................................................................................... -0. Mr. Carder offered the following emergency budget ordinance: (#35597-100101) AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Water Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Carder moved the adoption of Ordinance No. 35597-100101. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................ -0. Mr. Carder offered the following resolution: (#35598-100101) A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Resolution No. 35489-080601, adopted August 6, 2001, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, which includes the building and equipping of the Crystal Spring Water Treatment (Filtration) Plant; and providing for an effective date. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35598-100101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ........................................................................................ -0. POLICE DEPARTMENT-TELEPHONE COMPANIES-TELEPHONE EQUIPMENT: The City Manager submitted a communication advising that in April 2000, the City Manager and U. S. Cellular entered into a contractual agreement that established a SAFE program in Roanoke, which program allows the Police Department to distribute activated cell phones to at-risk victims of domestic violence, pending prosecution; cell phones allow domestic violence victims to immediately notify police of in-progress offenses and potential threats; U. S. Cellular requires annual renewal of the contract in order for the Police Department to maintain an inventory of 20 phones; and U. S. Cellular provides the phones and service at no cost to the City. It was further advised that cell phones are distributed to at-risk domestic violence victims who would otherwise lack the ability to immediately alert police; improved police response times to imminent domestic violence threats is an effective deterrent and provides significant domestic violence victim safeguards because the cell phones have been described by victims as virtual lifelines; a release and hold harmless provision in the SAFE contract, paragraph 6, requires the City to release and hold harmless U. S. Cellular from any claims arising from the agreement; and the proposed SAFE contract is essentially the same as the SAFE contract entered into in April 2000. The City Manager recommended that she be authorized to enter into a contract with U. S. Cellular for continued use of SAFE program cell phones and service for a period of one year. Mr. Bestpitch offered the following resolution: (#35599-100101) A RESOLUTION authorizing execution of an agreement between the City of Roanoke and U. S. Cellular, providing for use of cellular phones for the Stop Abuse From Existing (S.A.F.E.) Program. (For full text of Resolution, see Resolution Book No. 64.) Mr. Bestpitch moved the adoption of Resolution No. 35599-100101. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ....................................................................................... -0. POLICE DEPARTMENT-DOWNTOWN ROANOKE, INCORPORATED: The City Manager submitted a communication advising that the Roanoke Police Department Mounted Patrol Unit needs a utility building to store sawdust used in stall maintenance, and a mowing tractor that is utilized daily in the operation of the Mounted Patrol Unit; sawdust is currently transported by tractor-trailer to the stables, then dumped onto the ground; sawdust is covered by a tarp, which allows moisture leading to mold and mildew; the Blue Ridge Masonry Association will donate labor and concrete block, in the amount of approximately $6,000.00 for construction of the utility building, and The Roanoke Foundation for Downtown Inc. ("Foundation") has secured donations in excess of $9,000.00 to complete the building with flooring, roof, and electrical wiring; construction of the utility building will allow the Mounted Patrol Unit to store sawdust and maintain sawdust free of mold; the mounted patrol tractor is gas operated and could be a fire hazard that should be stored in a separate building away from the horees; and an agreement has been negotiated between the City of Roanoke and the Roanoke Foundation for Downtown, Inc., to construct a utility building and donate the facility to the City for use in connection with the operation of the mounted patrol stable. The City Manager recommended that she be authorized to enter into a contract with the Roanoke Foundation for Downtown, Inc., to provide for construction of a utility building at the Roanoke Center for Industry and Technology in furtherance of operation of the Mounted Patrol Unit, to be approved as to form by the City Attorney, and, upon completion of construction of the utility building, that she be authorized to accept donation of the structure on behalf of the City, pursuant to Section 2-263 of the Code of the City of Roanoke (1979) as amended. Mr. Hudson offered the following emergency ordinance: (#35600-100101) AN ORDINANCE authorizing the City Manager to enter into a contract with the Roanoke Foundation for Downtown, Inc. ("Foundation") for the construction by the Foundation of a utility building to further the operation of the Roanoke City Police Department Mounted Patrol Unit; authorizing the City Manager to accept, on behalf of the City pursuant to §2-263 of the Code of the City of Roanoke, from the Foundation the donation of the Facility once it is completed in accordance with the approved plans, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 64.) Mr. Hudson moved the adoption of Ordinance No. 35600-100101. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -7. NAYS: None .......................................................................................... -0. ROANOKE ARTS COMMISSION: The City Manager submitted a communication advising that a steering committee comprised of representatives of the major cultural organizations and local governments has been working to develop a Master Plan for Cultural Institutions of the Roanoke Valley; the Master Plan addresses the areas of education, funding, legislative, marketing, and transportation and infrastructure; the Master Plan illustrates how to better preserve, develop and improve the identity of the institutions, as well as how to promote transportation connections between the institutions; the Vision 2001 Comprehensive Plan for the City of Roanoke recommends support of the region's cultural institutions and recognizes that the health of the institutions directly affects the City of Roanoke and the Roanoke Valley; and by working together through strategies developed in the Master Plan, the institutions can more effectively fulfill their missions and provide a positive impact on the entire Roanoke Valley. The City Manager recommended that Council adopt a resolution in support of the Master Plan of the Cultural Institutions of the Roanoke Valley. Mr. Carder offered the following resolution: (#35601-100101) A RESOLUTION supporting the Master Plan for the Cultural Institutions of the Roanoke Valley. (For full text of Resolution, see Resolution Book No. 64.) Mr. Carder moved the adoption of Resolution No. 35601-100101. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Harris, Hudson, White, Wyatt, Bestpitch, Carder, and Mayor Smith ............................................................................................... 7. NAYS: None ......................................................................................... -0. DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of August, 2001. Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: None. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: None. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: AFFIRMATIVE ACTION: Council Member Wyatt inquired about the status of the City's Annual Affirmative Action report; whereupon, the City Manager advised that the report is presented on an annual basis and will be submitted to Council during the first quarter of the 2002 calendar year so as to provide data through calendar year 2001. She stated that it would be her goal to submit the report to Council in February 2002 and annually thereafter as previously requested by the Council. As a part of the annual report, Ms. Wyatt requested information on the types of promotions within City departments, i. e.: male and female, new hires and internal promotions broken down into the categories of administrative, trades, managerial, professional and technical personnel. MINORITY/WOMEN OWNED BUSINESSES-AFFIRMATIVE ACTION- PROCUREMENT CODE: Council Member White requested information with regard to the City's record of purchasing goods and services under $15,000.00 from small/minority owned businesses. AUDITS/FINANCIAL REPORTS-MUNICIPALAUDITOR-SCHOOLS: MayorSmith inquired if an audit of the records and affairs of the Roanoke City School Board has been performed pursuant to Ordinance No. 35580-091701 adopted by Council on Monday, September 17, 2001; whereupon, the Acting Municipal Auditor advised that a meeting has been scheduled for some time within the next two weeks. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: The Mayor advised that Council sets this time as a priority for citizens to be heard; and matters requiring referral to the City Manager will be referred, without objection by Council, for response, report and recommendation to Council. PARKS AND RECREATION: Mr. Bob Caudle, 4231 Belford Street, S. W., read a prepared statement expressing opposition to the renaming of Elmwood Park to Martin Luther King, Jr. Park. He advised that the history of Elmwood Park and the City of Roanoke should preclude the naming of the park after any individual or changing the name for any reason; and the name Elmwood Park has been used in the community for approximately 150 years, it predates the Civil War and preceeds the name of Roanoke. He stated that Elmwood Park is one of the most recognized areas in Roanoke, it is located in the center of the City and provides immediate name recognization as an event location. He added that to rename Elmwood Park in this manner will be very divisive to the community; and called attention to a section of Elmwood Park where a memorial is located to honor former Mayors, therefore, it would be inappropriate to overshadow the many accomplishments of these dedicated individuals who gave so many years of service by renaming Elmwood Park in honor of a person who had no direct contact with the City of Roanoke. He 27 noted that the committee that submitted the recommendation was insensitive to the feelings of the vast majority of the citizens of Roanoke, they made their recommendation based on individual thoughts, and the committee did not arrive at the proper recommendation to honor Dr. King's memory. COMPLAINTS-REFUSE COLLECTION: Ms. Helen E. Davis, 35 Patton Avenue, N. E., addressed Council in regard to the solid waste collection program that was implemented by the City on July 1, 2001. She commended the City for adding additional residences where refuse collection will return to the alley; however, she expressed concern that affected citizens have not received appropriate notification from the City. She advised that notice changes should come from the City Manager, and something should be done, City-wide, to alleviate confusion. She requested that Council schedule a town meeting which will provide an opportunity for dialogue with citizens on recommendations that are to be implemented by the City. COMPLAINTS-COUNCIL: Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., advised that her parents taught their children that living is a two way street; i. e.: if one wants respect, one must give respect; and as it relates to Council, she stated that if Council wants accountability, it must be accountable. She noted that citizens have appeared before Council and requested information but rarely, if ever, is Council accountable; therefore, she asked the question: what are citizens to do. She added that if Council wants to be treated in a courteous manner, Council must treat citizens in a courteous manner, and referred to secret meetings that have taken place throughout the City, but when information is revealed as a result of the meetings, no one wants to be held accountable. She stated that Council Members are elected to represent all citizens of the City of Roanoke because Council Members are elected at large; therefore, Council needs to be aware of what citizens are thinking, feeling, and wishing for their neighborhoods and their communities. At 4:05 p.m., the Mayor declared the meeting in recess for three Closed Sessions. At 5:50 p.m., the meeting reconvened in the Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance, with the exception of Council Member White, who left the meeting during the Closed Session. 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 Harris, Hudson, Wyatt, Bestpitch, Carder, and Mayor Smith .............................................................................................. -6. NAYS: None ....................................................................................... -0. (Council Member White left the meeting during the Closed Session.) OATHS OF OFFICE-COMMITTEES-INDUSTRIES: The Mayor advised that the terms of office of S. Deborah Oyler and William L. Bova as members of the Industrial Development Authority will expire on October 20, 2001, and called for nominations to fill the vacancies. Mr. Harris placed in nomination the names of S. Deborah Oyler and William L. Bova. There being no further nominations, Ms. Oyler and Mr. Bova were reappointed as members of the Industrial Development Authority, for terms ending October 20, 2005, by the following vote: FOR MS. OYLER AND MR. BOVA: Council Members Harris, Hudson, Wyatt, Bestpitch, Carder, and Mayor Smith .................................................................... 6. NAYS: None ........................................................................................... 0. (Council Member White was absent.) There being no further business, the Mayor declared the City Council meeting in recess at 5:55 p.m., to be reconvened on Wednesday, October 3, 2001, at 9:00 a.m., at Apple Ridge Farm, 9230 Pine Forest Road, N. E., Cooper Hill, Virginia, at which time Council will hold a planning retreat. The regular meeting of Roanoke City Council reconvened on Wednesday, October 3, 2001, at 9:00 a.m., in a Planning Retreat at Apple Ridge Farm, 9230 Pine Forest Road, Copper Hill, Virginia. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, William White, Sr., Linda F. Wyatt and Mayor Ralph K. Smith ........ 6. ABSENT: Council MemberW. Alvin Hudson, Jr.- .......................................... 1. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso; Director of Finance; and Mary F. Parker, City Clerk. OTHERS PRESENT: George C. Snead, Jr., Assistant City Manager for Operations; and Rolanda A. Johnson, Assistant City Manager for Community Development. The meeting was facilitated by Lyle Sumek, Lyle Sumek Associates, Inc. COUNCIL: The City Manager expressed appreciation to the Members of Council for taking time out of their busy schedules to engage in a planning retreat in order to discuss specific items that are important to the life of the City, to reassess how the City is performing as an organization, to discuss proposed improvements, and to engage in an exchange of ideas. Mr. Sumek advised that 15 months ago, Council engaged in its first two day planning retreat, another work session was held in March 2001, and the purpose of today's retreat was to engage in a discussion as to whether Council's five year goals which were identified approximately 15 months ago are still valid, and, if not, what changes need to be made. He discussed the world situation and advised that times have changed because the September 11, 2001, terrorists attacks on America had a great impact on cities; some cities sent police and fire personnel to assist with the situation in New York City; military reservists are being called to active duty; neighborhoods and cities are pulling together at a time when people are looking for educational classes about personal safety; an economic downturn has occurred where sales tax revenues are down as much as 15 - 20 per cent; some cities are reviewing their capital projects and preparing to bid in the spring of 2002 on major projects; and there could be potential citizen service reductions if revenues are not collected as anticipated. Members of Council engaged in an exercise in which they identified various City accomplishments over the past 15 months, and also participated in an exercise in which each responded to the following questions: What is your vision for the City in three years? What are the City's major challenges? What are your short term goals for the City for the next six to nine months? What legacy do you want to leave behind? At 12:15 p.m., the meeting was declared in recess for lunch. At 1:15 p.m., the meeting reconvened and Mr. Sumek reviewed the following goals: Healthy Local Economy Quality Services 3O Working Together As A Team Strong Neighborhoods Vibrant Downtown Enhanced Environmental Quality Council Members engaged in an exercise pertaining to each goal and selected the top four objectives to be addressed over the next six to nine months, the four top objectives to be addressed short term, and the four most major objectives of the City. There was considerable discussion with regard to improving the Council process in order to make Council meetings more productive; whereupon, it was the consensus of Council that the Mayor, Vice-Mayor, City Manager, City Attorney, and City Clerk would serve as members of a committee to submit recommendations to the full Council on improving the process for conducting City Council meetings. Mr. Bestpitch proposed appointment of an Urban Forestry Task Force to be charged with the responsibility of researching actions taken by other localities and to identify areas in the City where urban forestry efforts should be addressed. Following discussion, Mr. Bestpitch requested that he be permitted to engage in further dialogue with Council at a later date. Inasmuch as Council had not completed all of the items on the agenda, itwas the consensus of Council that the retreat would be continued until Friday, October 19, 2001, at 2:00 p.m. (Location to be announced.) There being no further business, the meeting was declared in recess until Thursday, October 4, 2001, at 12:15 p.m., in Botetourt County at the Greenfield Education and Training Center, 57 South Center Drive, Daleville, Virginia, for the West-Central Virginia Coalition (formerly Roanoke Valley Regional Leadership Summit). The regular meeting of the Roanoke City Council which convened on Monday, October 1, 2001, at 12:15 p.m., and was declared in recess until Wednesday, October 3, 2001, at 9:00 a.m., which meeting was further declared in recess until Thursday, October 4, 2001, reconvened at 12:15 p.m., in Botetourt County at the Greenfield Education and Training Center, 57 South Center Drive, Daleville, Virginia, with Mayor Ralph K. Smith presiding. 3! PRESENT: Council Members William D. Bestpitch, W. Alvin Hudson, Jr., Linda F. Wyatt and Mayor Ralph K. Smith ........................................................ .4. ABSENT: Council Members William H. Carder, C. Nelson Harris, and William White, Sr.- ............................................................................................. 3. OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Stephanie M. Moon, Deputy City Clerk. LEADERSHIP SUMMIT: The purpose of the meeting was to conduct the Fourth West-Central Virginia Coalition (formerly the Roanoke Valley Regional Leadership Summit), which meeting was hosted by Botetourt County. On behalf of Botetourt County, William Loope, Vice-Chair, Botetourt County Board of Supervisors, extended greetings. The Invocation was delivered by David Moorman, Assistant County Administrator, County of Botetourt. Following lunch, the business session convened at 1:00 p.m. Clay Goodman, Town Manager, Town of Vinton, advised that the West-Central Virginia Coalition Summit Subcommittee has held three meetings since the Coalition's meeting at Smith Mountain Lake; and the Summit Subcommittee has held two meetings at the Bedford County Administration Building to discuss expansion of the Coalition and development of a Legislative Program for the 2002 General Assembly Session. Mr. Goodman further advised that the Coalition's Executive Subcommittee held a meeting on Wednesday, September 12, 2001, at the Vinton War Memorial to discuss the establishment of a regional General Assembly lobbying effort, with representatives of the following local governments in attendance: City of Bedford, Bedford County, Botetourt County, Town of Christiansburg, Town of Clifton Forge, City of Roanoke, Roanoke County, and the Town of Vinton; and the following items are proposed to be included in the legislative program: Education Transportation Local Government - Dillon Rule Regional Competitiveness Program Workforce Development Mr. Goodman stated that it was recommended that a Local Government Coalition Legislative Program be enacted and adopted by the Executive Committee and the full Leadership Summit membership at its meeting on Thursday, October 4, 2001; the Coalition's Executive Subcommittee held a meeting on Thursday, September 13, 2001, atthe Bedford CountyAdministration Facility, and the following three legislative initiatives were recommended for immediate action: Education Funding State funding for education salary increases and associated benefits costs for Fiscal Year 2001-02, should be retroactive to July 1,2001; and Virginia's Standards of Quality for public education should be revised to include the following: additional staffing positions; facility construction and maintenance costs; technology maintenance, upgrade and operation costs; and debt service costs. Re~lional Competitiveness Program Additional State funding is sought for the upcoming budget. The authorized language provided for the Virginia's Regional Competitiveness Program funds to be allocated on a per capita basis. An additional $965,000.00 added to the appropriation will help to partially address earlier funding actions and restore funding allocation to an appropriate per capita share. Transportation Support extension of rail passenger service to the region; and support is needed at the federal, state and local government levels. He further stated that the two remaining items, Work Force Development and relaxation of the Dillon Rule, would require additional study for possible inclusion in an updated legislative program. In closing, Mr. Goodman advised that the Coalition recommends adoption of the three legislative initiatives for Education, Regional Competitiveness Program, and Transportation as the 2002 West-Central Virginia Local Government Legislative Program. 33 Dr. Harry Nickens, Member, of the Roanoke County Board of Supervisors, moved that the three legislative initiatives for Education, Regional Competitiveness Program, and Transportation be adopted as outlined for consideration. The motion was seconded by Jerry Burgess, Member of the Botetourt County Board of Supervisors and adopted. Vice-Chair Loope distributed copy of regional cooperation highlights in Botetourt County for informational purposes. Linda Wyatt, Member of Roanoke City Council, submitted the following draft resolution for adoption by the local governing bodies in support of state funding for brain injury services. "WHEREAS, as many as 20,000 people across Southwest Virginia have an acquired brain injury, and WHEREAS, brain injuries can cause a range of cognitive, physical, behavioral, and emotional impairments that place a tremendous burden on the survivors and their families, and WHEREAS, services to brain injury survivors and their families, including socialization, behavioral and cognitive retraining, employment training, home modifications and assistive technology equipment, recreational, and transportation services, can increase survivors' independence and quality of life, and WHEREAS, in the Roanoke Valley, Brain Injury Services of Southwest Virginia helps brain injury survivors and their families gain access to these critical services, and develop greater self-sufficiency, and WHEREAS, there is a shortage of these critical services across the Commonwealth, and especially in Southwest Virginia, NOW, THEREFORE, BE IT RESOLVED, that Roanoke City Council supports the efforts of Brain Injury Services of Southwest Virginia to serve survivors of acquired brain injury and their families, and BE IT FURTHER RESOLVED, the Roanoke City Council encourages the Virginia General Assembly to include financial support for providers of brain injury services in this region of the Commonwealth in the upcoming biennial budget." There being no further business, the Mayor declared the meeting of Roanoke City Council adjourned at 1:45 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 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 November 5, 2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda E Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish 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. Mayor RKS:sm N :\cksml~Agenda.O 1\Closed Session on Vacancies.wpd RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 November 5, 2001 The Honora~ble Vice-Mayor and Members of the Roanbke City Council Roanoke, Virginia Dear Members of Council: ~ wish to request a Closed Meeting to discuss personnel matters, specifically interviews for appointments to the Architectural Review Board and an appointment to the Board of Zoning ^pp~als, pursuant to Section 2.2-3711 (^)(1), Code of Virginia (1950), as amended. RKS:sm Sincerely, Mayor H:~Agenda.Ol\Closed Session on appointments.wpd RECEIVED CI T ~Ol~6~u-. ~F~I'~ Evlanager November 5, 2001 .'01 OOT 31 AI1:15 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: Surplus City-owned Property Art Museum-IMAX Theatre Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed conveyance or vacation of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, November 19, 2001. A full report will be included in the November 19, 2001, agenda material for your consideration. DLB/SEF Respectfully submitted, City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 CityWeb:www. ci.roanoke.va.us FAX (540) 853-1138 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 8, 2001 File #15-110-230-488 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Mark S. McConnel, Chair Roanoke Arts Commission 546 Camilla Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. McConnel: This is to advise you that Frank J. Eastburn has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2002. Mary F. Parker, CMC City Clerk MFP:mh pc: Judith M. St. Clair, Secretary, Roanoke Arts Commission H:'Ctgenda.01hNovember 5, 2001 correspondance.wpd RECEIVED CITY CLERKS OFFICE '01 I~T 30 P4:31 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Frank J. Eastburn, 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 Arts Commission for a term ending June 30, 2002, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~_~ day of ~:::~--c,~2001. ARTHUR B. CRUSH, III, CLERK BY DEPUTY CLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk November 8, 2001 File #15-110-230-488 Elizabeth Watson, Secretary Roanoke Neighborhood Partnership Steering Committee Roanoke, Virginia Dear Ms. Watson: This is to advise you that Christine Proffitt has qualified for a term ending November 30, 2003, George M. McMillan and Fredrick M. Williams have qualified for terms ending November 30, 2004, as members of the Roanoke Neighborhood Partnership Steering Committee. Mary F. Parker, CMC City Clerk MFP:mh H:~Agenda.01~November 5, 2001 correspondance.wpd RECEIVED CITY CLERKS OFFICE '01 I~T30 ~0:01 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George M. McMillan, 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 Neighborhood Partnership Steering Committee for a term ending November 30, 2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~' day of o~ o G...~ 2001. ARTHUR B. CRUSH, III, CLERK BY ¢-'~. ~ , DEPUTYCLERK Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Eredrick M. Williams, 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 Neighborhood Partnership Steering Committee for a term ending November 30, 10.04,Tding to the best of my ability. I swear or affirm. Subscribed and sworn to before me thisc~ day of 2001. ART/~ B. CRUSH, III, CLERK , DEPUTYCLERK n[irll !1 CITY CLERKS OFFtC[ vi Ul~l I0 Rtl Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christine C. Proffitt, 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 Neighborhood Partnership Steering Committee for a term ending November 30, 2003, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this !%"- day of ©¢ T- 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTYCLERK H:~Agenda 01\September 4, 2001 correspondence.wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times GEORGE J.A. CLEMO, ATTY. 10 S. JEFFERSON STREET WOODS, ROGERS & HAZL ROANOKE VA 24011 REFERENCE: 80074127 01780638 Bond Financing State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. _~_~ Sworn and subscribed before me this _ _day of Novemb~rD2001. Wit~es.s/~ ha~nd and official s e a 1 . __~~_~.~_~_~ ..... Notary Public My commission expires ~~_~_/,~_~_. PUBLISHED ON: 10/22 10/29 TOTAL COST: 209.00 FILED ON: 10/31/01 Authorized ~ ~_~_~_~_~j~' ~ Signature: ~ , Billing ~mtJnued or mJjourned, as M: 2:00 P.M. on Nov~ml~r 5, In& 2~5 Church Avenue, S.W. · r~solutJon or r~olutiofl8 bond~ In ~ut m~ount ~ thin rel~lXlltm:lons, repedm and Unooln Tenmce (the foregoing bond~, the TI~, November ~, 200~. "~ O~ undm' my hand U~I~ ~ (178oe38) Services Representative Mayor CITY OF ROANOKE CITY COUNCIL RECEIVED 215 Church Avenue, S.W., Room 41~IY CL£RHS 0F[IC[ Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540)853-1145 "01 ~! 31 R2:29 October 31,2001 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 Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: The last three pay increases which were approved by Members of Roanoke City Council are as follows: Ordinance No. Effective Date Mayor's Salary 29103 30036-50790 32980-060396 July 1,1988 July 1,1990 July 1,1996 $15,000.00 $15,000.00 SI8,000.00 Council for the Mayor, Vice-Mayor and Vice-Mayor's Salary Council Member Salaries $13,000.00 $13,000.00 $14,000.00 $12,000.00 $13,000.00 $14,000.00 Inasmuch as the Mayor and Members of Council have not received a pay increase since July 1, 1996, pursuant to Sec. 15.2-1414.6, Code of Virginia (1950), as amended, I would like to propose adoption by Council of the attached ordinance which will increase the salary of the Mayor from $18,000.00 to $18,630.00 per annum and increase the salaries of the Vice-Mayor and Members of Council from $14,000.00 to $14,490.00 per annum for the fiscal year commencing July 1,2002. This proposed increase for the Mayor and Council Members is commensurate with the 3.5 per cent base pay increase which was afforded to City employees, effective July 1,2001. Your favorable consideration of the abovereferenced salary increase is recommended. With kindest regards, I am Sincerely, William D. Bestpitch Council Member WDB:mp pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #79-169 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: I am attaching copy of a petition submitted by Unified Human Services Transportation System, Inc., (RADAR), requesting exemption from taxation of real property identified as Official Tax Nos. 1311221,2410101, and 2410301 - 2410306, inclusive, which petition was before the Council of the City of Roanoke at a regular meeting on Monday, November 5, 2001. On motion, duly seconded and unanimously adopted, the petition was referred to you for study, report and recommendation to Council and to schedule a public hearing. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Wilburn C. Dibling, Jr., Attorney, Gentry, Locke, Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24022-0013 James D. Grisso, Director of Finance The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, City Treasurer Willard N. Claytor, Director, Real Estate Valuation Elizabeth A. Neu, Director of Economic Development Sarah E. Fitton, Engineering Coordinator N:\CKMH 1 kAgenda.0 l'uNovember 5,2001 correspondance.wpd 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 November 5, 2001 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 Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: We jointly recommend that the petition of Unified Human Services Transportation System, Inc., (RADAR) for tax exemption to be made to the 2002 Session of the General Assembly of Virginia, be included on the City Council agenda for Monday, November 5, 2001, at 2:00 p.m., under Petitions and Communications. Sincerely, William H. Carder Vice-Mayor William White, Sr. Council Member WHC/WWsr:sm H:~Agenda. Ol\Council Form Letter for Agenda Items.wpd Attorneys at Law 540.983.9300 Facsimile 540.983-9400 Direct Dial: (540) 983-9370 will_dibling @ gentrylocke.com GENTRY LOCKE RAKES & MG)RE A Limited Liability Partnership October 17, 2001 RECEIVED'O~:~nklin Road S.E. CITY CLERKS OFFic,_ ' Post Office Box 40013 '01 OCT 19 Pl2¢ 4ke, virgJnia 24022-0013 www, gentrylocke.com Mary F. Parker, City Clerk Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 240! i-159I Re: Petition of Unified Human Services Transportation System, Inc. Dear Mary: We represent Unified Human Services Transportation System, Inc., which transacts its business under the name RADAR. RADAR will seek tax exemption for its property, which is used for its charitable and benevolent purposes, pursuant to Article X, § 6(a)(6) of the Constitution of Virginia at the 2002 session of the General Assembly. By the attached Petition, RADAR requests that City Council adopt a Resolution supporting its request for tax exemption. RADAR is a nonprofit, tax exempt 501(c)(3) corporation under the Internal Revenue Code. The primary purpose of RADAR is to provide an efficient and cost effective transportation system to the elderly, disabled, indigent, and other persons who may require the provision of specialized transportation. RADAR's Petition complies with Resolution No. 30884-021892, adopted by City Council on February 18, 1992, establishing policies and procedures with respect to tax exemption requests. Specifically, RADAR meets all of the conditions established by paragraph I of the Resolution. RADAR's Petition also responds to all those issues required to be addressed by subsection B of § 30-19.04, Code of Va. (1950), as amended. By letter of October 8, 2001, RADAR has provided advance notice to the City Manager, Commissioner of Revenue, and City Attorney of RADAR's intention to comply with all requirements of paragraph 1 of Resolution 30884-021892, as well as RADAR's responses to the issues required to be addressed by subsection B of § 30-19.04 of the State Code. RADAR is pleased to submit its Petition well in advance of the deadline established by City Council for the filing of tax exemption petitions. On behalf of RADAR, we will be pleased to respond to any questions of the City Council and other City officials with respect to RADAR's Petition. { W:\transact\6618\6\00817713.DOC } GENTRY LOCKE RAKES & MOORE Mary F. Parker, City Clerk October 17, 2001 Page 2 With kindest personal regards, I am Sincerely yours, GEN~~~/f~RAKES & MOORE Wilbum C. Dibling, Jr. WCDjr/pb C.' Darlene Burcham, City Manager William M. Hackworth, City Attorney Hon. Sherman Holland, Commissioner of Revenue Curtis A. Andrews, Executive Director, RADAR { W:\transact\6618\6\00817713.DOC } IN THE COUNCIL OF THE CITY OF ROANOKE, VIRCR~LN~£[t CITY OLERF, S OFF!~E IN RE: ~1 I~T19 ~2:24 PETITION OF UNIFIED HUMAN SERVICES TRANSPORTATION SYSTEM, INC. (RADAR) REQUESTING RESOLUTION OF CITY COUNCIL SUPPORTING RADAR'S REQUEST FOR TAX EXEMPTION TO BE MADE TO THE 2002 SESSION OF THE GENERAL ASSEMBLY TO: THE HONORABLE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Unified Human Services Transportation System, Inc., which transacts business as RADAR, petitions City Council to adopt a Resolution endorsing RADAR's request for tax exemption for its property to be made to the 2002 Session of the General Assembly. In support of its Petition, RADAR states as follows: 1. RADAR is a non-profit, tax exempt 501(c)(3) corporation under the Internal Revenue Code. RADAR was created in 1974 by 24 social service agencies to serve as a non-profit transportation organization. The primary purpose of RADAR is to provide an efficient and cost effective transportation system to the elderly, disabled, indigent, and other persons who may require the provision of specialized transportation. 2. RADAR's property is used by RADAR for charitable and benevolent purposes, and RADAR will request that its property be exempted from taxation by designation of the 2001 Session of the General Assembly pursuant to Article X, § 6(a)(6), Constitution of Virginia. 3. RADAR has complied with the requirements of Resolution No. 30884-021892, adopted by City Council on February 18, 1992,' relating to requests for tax exemption. { W:\transact\6618\6\00817732. DOC } Specifically, RADAR responds to the issues required to be addressed by paragraph 1 of such Resolution as follows: a. RADAR has requested a written determination from the Commissioner of Revenue as to whether it is tax exempt by classification or designation under the Code of Va. b. If granted tax exemption by the General Assembly, RADAR agrees to notify the City Clerk, in writing, of its intent to seek new or additional space for its activities. RADAR will give such notice 45 days prior to its entering into any contract for the purchase of real property for which it intends to seek tax exempt designation. c. If granted exemption from property tax by the General Assembly, RADAR agrees to pay to the City an annual service charge in the amount equal to 20% of the City of Roanoke real estate tax levy, which would be applicable to the real property of RADAR in the City of Roanoke were RADAR not exempt from taxation for so long as RADAR's real property is exempted from state and local taxation. d. By paragraph 4 of this Petition, RADAR provides its detailed answers to the questions set forth in subsection B of § 30-19.04, Code of Va. (1950) as amended. e. RADAR has filed this Petition for tax exempt status with the City Council at least 60 days in advance of the first day of the next session of the General Assembly. 4. RADAR responds to the issues required to be addressed by RADAR, pursuant to subsection B of § 30-19.04, Code of Va. (1950) as amended, as follows: a. RADAR is exempt from taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1954. b. A current alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Board to RADAR for use on any of its property. { W:\transact\6618\6\00817732.DOC } Co No director or officer of RADAR is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. do No part of the net earnings of RADAR inures to the benefit of any individual. A significant portion of the service provided by RADAR is not generated by funds received from donations or contributions. For the current fiscal year, RADAR received the following local, state, and federal grants: Local - $24,000 State - $23,000 Federal - $98,669 eo RADAR provides services for the common good of the public. RADAR is a nonstock, nonprofit corporation that was created in 1974 by twenty-four social services agencies to serve as a nonprofit transportation organization. RADAR contracts with area social service agencies, governments, and organizations to provide transportation services for their clients or citizens primarily in the Roanoke Valley area. The goals of RADAR are to provide a consolidated system to meet the varied transportation needs of human service agencies and the general public through purchase of service agreements. To accomplish its goals, RADAR operates fifty-two vehicles, two-thirds of which are handicapped accessible. f° No substantial part of the activities of RADAR involves carrying on propaganda or otherwise attempting to influence legislation. RADAR does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. go No rule, regulation, policy, or practice of RADAR discriminates on the basis of religious conviction, race, color, sex, or national origin. RADAR currently pays annual real estate tax on its real property in the amount of $4,466.11. If granted an exemption from property tax, RADAR would pay the C~ty an annual service charge in an amount equal to 20% of the City's real estate tax levy on real property of RADAR in the City. Thus, the revenue impact to the City, based on RADAR's current real property holdings in the City, would be $3,572.89. RADAR has addressed all the issues required to be addressed by it under City Council Resolution No. 30884-021892. RADAR will address any other criteria, facts, and circumstances which the City Council deems pertinent to the adoption of a resolution in response to RADAR's petition for exemption from property taxes pursuant to Article X, § 6(a)(6) of the Constitution of Virginia. { W:\transact\6618\6\00817732.DOC } WHEREFORE, RADAR requests that the City Council adopt a Resolution supporting its request to be made to the 2002 Session of the General Assembly that RADAR's real and personal property be exempted from taxation pursuant to Article X, § 6(a)(6) of the Constitution of Virginia. Respectfully submitted this 17th day of October 2001. UN[FlED HUMAN SERVICES TRANSPORTATION SYSTEM, INC. By: Wilbum C. Dibling, Jr. (VSB No. 01188) Gentry Locke Rakes & Moore Post Office Box 40013 Roanoke, Virginia 24022-0013 Phone: 540-983-9300 Fax: 540-983-9400 { W:\transact\6618\6\00817732.DOC } 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-maih clerko~ci.roanoke.va.us November 7, 2001 File #270-472 STEPHANIE M. MOON Deputy City Clerk Wayne E. Williams Customer Account Manager Magic City Motor Corporation 809 Williamson Road, N. E. Roanoke, Virginia 24016 Michael J. Bilthuis, Vice-President Bilthuis and Associates, Inc., LLC 505 Old Hundred Road Midlothian, Virginia 23114 Dear Mr. Williams and Mr. Bilthuis: I am enclosing copy of Resolution No. 35625-110501 accepting the bid of Magic City. Motor Corporation, for purchase of three new refuse cab/chassis, in the amount of $203,787.00, and the bid of Bilthuis & Associates, Inc., LLC, for purchase of three new refuse rear loading bodies, in the amount of $112,869.00, upon certain terms and conditions; 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, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Management and Budget D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing N \CKMHl~Agenda.01~qovemb~ 5, 2001 correspondancc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 2401 I- 1536 lelephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerkr,*ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 7, 2001 File #270-472 Wilbar Truck Equipment, Inc. Highway Motors, Inc. Mid-Atlantic Waste Systems Mid-State Equipment Co. Cavalier Equipment Corp. Virginia Truck Center Ladies and Gentlemen: I am enclosing copy of Resolution No. 35625-110501 accepting the bid of Magic City Motor Corporation, for purchase of three new refuse cab/chassis, in the amount of $203,787.00, and the bid of Bilthuis & Associates, Inc., LLC, for purchase of three new refuse rear loading bodies, in the amount of $112,869.00, upon certain terms and conditions; 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, November 5, 2001. On behalf of the City of Roanoke, thank you for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh N:\C.gdv~Hl~Agenda.0 l~November 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35625-110501. A RESOLUTION accepting the bid of Magic City Motor Corporation, for the purchase of three new refuse cab/chassis and the bid ofBilthuis & Associates, Inc., LLC for the purchase of three new refuse rear loading bodies, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Magic City Motor Corporation, to furnish three new refuse cab/chassis at a total cost of $203,787.00 and the bid of Bilthuis & Associates, Inc., LLC to furnish three new refuse rear loading bodies at a total cost of $112,869.00, is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue the requisite purchase orders for the purchase of such equipment, and the City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items 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. ATTEST: R-Purchase of Refuse Trucks 110501 City Clerk. RECEIVED CITY CLERKS 0FF~i~ce of the City Manager Novembe'0~5, ;~11D1~6 P4:41 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor 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: Purchase of Refuse Trucks Bid No. 01-08-76 Background: Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to replace three (3) refuse cab/chassis and three (3) refuse rear loading bodies for Solid Waste Management. Specifications were developed and, along with an Invitation for Bid, were specifically sent to nineteen (19) providers. The bid was publicly advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke. Considerations: Eight (8) bids were received and evaluated in a consistent manner. The lowest bid meeting specifications for three (3) refuse cab/chassis was Magic City Motor Corporation at a cost of $67,929.00 per unit. The lowest bid, for three (3) refuse rear loading bodies, submitted by Wilbar Truck Equipment, Inc., and the second lowest bid, submitted by Mid-State Equipment Company, Inc., took exceptions to roof, tailgate, packing mechanism control and packing cylinder requirements. These exceptions are substantial and cannot be waived as informalities; thus, these bids are non-responsive. The third lowest bid, submitted by Bilthuis & Associates, Inc. LLC, Midlothian, Virginia, took exception to fixed rear steps instead of folding rear steps. This exception is not substantial and is waived as an informality. This bid was submitted at a cost of $37,623.00 per unit. Funding is available in Fleet Management account 017-440-2642-9010. 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 November 5, 2001 Page 2 Recommended Action: Award the bid for refuse cab/chassis to Magic City Motor Corporation at a total cost of $203,787.00 and the bid for refuse rear loading bodies to Bilthuis & Associates, Inc. LLC at a total cost of $112,869.00 and reject all other bids. Respectfully submitted, City Manager DLB: bdf C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of OMB D. Darwin Roupe, Director of General Services Robert L. White, Manager, Purchasing CM01-00244 Bid Tabulation Bids were received, publicly opened and read at 2:00 p.m., September 20, 2001 For Refuse Trucks Bid Number 01-08-76 Item Bilthuis & Bilthuis & Bilthuis & Wilbar Truck Highway Mid-Atlantic Associates, Inc. Associates, Inc. Associates, Inc. Equip., Inc. Motors Inc. Waste LLC LLC LLC Systems Option 1 Option 2 Option 3 3 - Refuse Cab/Chassis $71,910.00 NIB $69,525.00 N/B $71,075.50 N/B each each each $215,730.00 $208,575.00 $213,226.50 total total total 3 - Refuse Rear $37,623.00 * $37,623.00 $37,623.00 $37,210.50 N/B $37,625.29 Loading Bodies each each each each each $112,869.00 * $112,869.00 $112,869.00 $111,631.50 $112,875.87 total total total total total Delivery 90 -120 days 90 - 120 days 90 - 120 days 30 - 45 days 60 - 90 days 45 days Bid Tabulation: Refuse Trucks Bid No. 01-08-76 Page 2 Item Mid-State Mid-State Cavalier Virginia Truck Magic City Equip. Co., Inc. Equip. Co., Inc. Equip. Corp. Center Motor Corp. Option 1 Option 2 3 - Refuse Cab/Chassis N/B N/B N/B $72,735.89 $67,929.00 * each each $218,207.67 $203,787.00 * total total 3 - Refuse Rear Loading $37,350.00 $38,370.00 $38,113.30 N/B N/B Bodies each each each $112,050.00 $115,110.00 $114,339.90 total total total I Delivery 30 days * Indicated Recommendation 30 days 45 - 60 days I 90 days 90 - 120 days CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #27-65-468 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35626-110501 authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution ContrOl Plant, for an additional term of one year at a cost of $87.57 per dry ton. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; William A. Burchell, Executive Vice-President, Robinson Pipe Cleaning Company, One Rainey Road, Eighty Four, Pennsylvania 15330 James D. Grisso, Director of Finance N:\CKMHlXAgenda.01XNovember 5, 2001 correspondance.wpd IN THE COUNCII~ OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35626-110501. AN ORDINANCE authorizing execution of an amendment extending for an additional term of one year a contract with Robinson Pipe Cleaning Company for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to a contract dated August 2, 1999, with Robinson Pipe Cleaning Company extending such contract for removing, transporting and disposing of digested lagooned sludge from the City's Water Pollution Control Plant, for an additional term of one year at a cost of $87.57 per dry ton, with a minimum of 8,000 dry tons of sludge and a maximum of 10,000 dry tons of sludge during the period October 1, 2001 through September 30, 2002, for a minimum amount of $700,560.00 and a maximum amount of $875,700.00, as more particularly set forth in the letter of the City Manager to Council dated November 5, 2001. 2. The form of the amendment shall be approved by the City Attorney. 3. 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: H:kM~aux~sludg~ ~ 2001 City Clerk. CLERKS O,..F~ Office of the City Manager '01 OCl 26 p4:41 November 5, 2001 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: Third Year Contract Extension; Remove, Transport and Dispose of Sludge from Water Pollution Control Plant, 1402 Bennington St., SE, Roanoke, Virginia Bids were received on July 1, 1999 to properly remove, transport and dispose of lagooned sludge by land application. Robinson Pipe Cleaning Company, One Rainey Road, Eighty Four, Pennsylvania 15330, submitted the Iow bid of $84.47 per dry ton with a minimum of l0,000 dry tons and a maximum of 12,000 dry tons. The contract was started on October 1, 1999. In the one-year contract, the City reserved the right to extend the contract each year for a total of five years. The contract was extended for one year, from October 1, 2000, through September 30, 2001, at a unit price of $87.57 per dry ton due to an increase in the CPI as allowed by the contract. Robinson Pipe Cleaning Company has agreed to continue their 2000-2001 cost per dry ton of $87.57 for the 2001-2002 contract year from October 1, 2001 to September 30, 2002, and the City wants to extend the contract for an additional year. The one-year extension will be at the unit price of $87.57 per dry ton with a change to the amount of dry tons processed by reducing the minimum and maximum amounts by 2,000 dry tons each. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-] 138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Members of Council November 5, 2001 Page 2 Funding is available in Sewage Fund Administration - Fees for Professional Services account number 003-510-3150-2010 for fiscal year 2002. Fiscal year 2003 funding will be provided during the annual budget process in the same account. Recommended Action: Authorize the City Manager to enter into a one year extension, from October 1, 2001 through September 30, 2002, of the contract with Robinson Pipe Cleaning Company, to remove and properly dispose of a minimum of 8,000 dry tons and a maximum of 10,000 dry tons of lagooned sludge from the existing five (5) lagoons at the Water Pollution Control Plant at the unit price of $87.57 per dry ton. The 8,000 minimum dry tons would be $700,560.00 and the 10,000 maximum dry tons would be $875,700.00. Respectfully submitted, City Manager DLB/LBC/bls C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00245 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 240 ! 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-II45 E-maih clerka~ci.roanoke.va.us November 7, 2001 File #27-60-102-237 STEPHANIE M. MOON Deputy City Clerk William D. Gee, President H. & S. Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 35628-110501 accepting the bid of H. & S. Construction Company for armoring and widening of Gamand Branch and Gum Spring Branch as they join at the intersection of Garden City Boulevard and Hartsook Boulevard and replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge, in connection with the Garden City Phase 3 Drainage Project, upon certain terms and conditions, at a total cost of $521,245.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Office of Management and Budget D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing N:\CKMH 1XAgenda. 01X.No:,ernber 5,2001 correspondance.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk November 7, 2001 File #27-60-102-237 John W. Douthat, Vice President Allegheny Construction Co., Inc. 2830 Nicholas Avenue, N. E. Roanoke, Virginia 24012 Dear Mr. Douthat: I am enclosing copy of Ordinance No. 35628-110501 accepting the bid of H. & S. .Construction Company for armoring and widening of Garnand Branch and Gum Spring Branch as they join at the intersection of Garden City Boulevard and Hartsook Boulevard and replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge, in connection with the Garden City Phase 3 Drainage Project, upon certain terms and conditions, at a total cost of $521,245.00; and rejecting all other bids received by the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. 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:\CKMH 1 ~Agenda.01 hN'ovember 5,2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35628-110501. AN ORDINANCE accepting the bid of H. & S. Construction Company for armoring and widening of Gamand Branch and Gum Spring Branch as they join at the intersection of Garden City Boulevard and Hartsook Boulevard and replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge in connection with the Garden City Phase 3 Drainage 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 ri. & S. Construction Company in the amount of $521,245.00 for armoring and widening of Gamand Branch and Gum Spring Branch as they join at the intersection of Garden City Boulevard and Hartsook Boulevard and replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge in connection with the Garden City Phase 3 Drainage Project, as is more particularly set forth in the City Manager's Letter dated November 5, 2001, 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 Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form l:\Clerkkgarden city p3 drain project 1 as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 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. I:\Clerk~arden city p3 drain project 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #27-60-102-237 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35627-110501 amending and reordaining certain sections of the 2001-2002 Capital Projects Fund Appropriations, providing for transfer of funds in connection with the Garden City Phase 3 Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager D. Darwin Roupe, Director, Department of General Services Barry L. Key, Director, Office of Management and Budget N:\CKMHl~Agenda.01XNovember 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35627-110501. 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: ADDro~3riations Storm Drains $ 3,363,825 Garden City Phase 3 Drainage Project (1) ...................... 767,193 Capital Improvement Reserve $ (1,478,948) Public Improvement Bonds Series 1999 (2) ..................... 4,262,294 1 ) Appropriated from Bond Funds- Series 1999 2) Storm Drains (008-052-9692-9001) (008-052-9709-9176) $ 575,000 (575,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVE0 CITY CLERKS OFFICE Office of the City Manager ve e 15, L el 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 - Garden City Phase 3 Drainage Project; Bid No. 01-07-14 Garden City experienced extensive flooding from Garnand Branch in 1995 and, as a result, a task force of citizens and City staff members developed a 10-phase stormwater management plan for the Garden City neighborhood. Construction plans have been completed for Phase 3 of the Garden City Stormwater Plan. The project will include the following: Armoring and widening of Garnand Branch and Gum Spring Branch as they join at the intersection of Garden City Boulevard and Hartsook Boulevard. Replacing the bridge over Garden City Boulevard at Gum Spring Branch with a larger bridge to allow greater volumes of water to flow under it during times of heavy rains. (A detour will be built along Garden City Boulevard to allow for two- way traffic during construction.) After proper advertisement, two bids were received on Friday, August 17, 2001, with H. & S. Construction Company, 2011 Salem Avenue, S.W., Roanoke, Virginia 24016, submitting the Iow bid in the amount of $521,245. The construction time was specified as 180 consecutive calendar days. Construction will be scheduled for early spring 2002, in order to minimize the time that the area is disrupted by cold weather delays. Funding in the amount of $575,000 is needed for the project. The 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. Funding is available from Public Improvement Bonds Series 1999, account number 008-052-9709-9176. 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 November 5, 2001 Page 2 Recommended Action: Accept the above bid and authorize the City Manger to execute a contract for the above work with H. & S. Construction Company in the amount of $521,245 with 180 consecutive calendar days to construct the Garden City Phase 3 Drainage Project. Transfer $575,000 from Public Improvement Bond Series 1999, account number 008- 052-9709-9176, to an account to be established entitled "Garden City Phase 3 Drainage Project". Reject the other bid received. Resl~ectfully submitted, Darlene L. Burch~m City Manager DLB/MPC/bls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services #CM01-00249 TABULATION OF BIDS GARDEN CITY PHASE 3 DRAINAGE PROJECT BID NO. 01-07-14 Bids were opened by Robert L. White, Manager, Purchasing Department, on Friday, August 17, 2001, at 2:00 p.m. BIDDER AMOUNT H. & S. Construction Company Allegheny Construction Company, Inc. $521,245.00 $733,588.00 Office of the City Engineer Roanoke, Virginia November 5, 2001 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #178-236 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35629-110501 authorizing the appropriate City officials to enter into the 2001- 2002 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Agreement with the Blue Ridge Housing Development Corporation, 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, November 5, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Frank E. Baratta, Budget Team Leader N:\CK_MHIXAgenda.0 lXNovember 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35629-110501. A RESOLUTION authorizing the appropriate City officials to enter into the 2001- 2002 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Agreement with the Blue Ridge Housing Development Corporation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 2001-2002 CDBG and HOME Agreement with the Blue Ridge Housing Development Corporation, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated November 5,2001. ATTEST: City Clerk. 0 - cdbg Home Invest Program 110501 November 5, 2001 Office of tb~/E;ity Man~l~[~r~ Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: 2001-2002 "Connect Four, Phase One" Agreement with Blue Ridge Housing Development Corporation (BRHDC) Background: The BRHDC is an established local nonprofit housing agency which has conducted several housing projects assisted by the City's Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. As part of the budgeting process for the 2001-2002 period, BRHDC applied for funding to conduct a multi-year project, to be known as "Connect Four," to construct or rehabilitate housing in all four of the City's quadrants. City Council Resolution No. 35319-050701 approved submission of the City's 2001-2002 Consolidated Plan Annual Update to the U.S. Department of Housing and Urban Development (HUD), which included authorization of $363,254 in CDBG and HOME funds for BRHDC to undertake phase one of the project. City Council appropriated the necessary HOME and CDBG funding by Budget Ordinances No. 35404-061801 and 35406-070201, respectively. Considerations: "Connect Four, Phase One" will construct and/or rehabilitate and sell a minimum often (10) homes on a site located immediately north of Cove Road and Aspen Street, or at another mutually agreeable site or sites. All homes will be compatible with the neighborhood in style and value. At least six (6) of the homes will be affordable to Iow- and moderate- income individuals through the CDBG and HOME funding previously authorized and appropriated. In order for the BRHDC to undertake these activities, authorization is 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 November 5, 2001 Page 2 needed from City Council to execute an agreement with the BRHDC. Authorization of the Agreement for phase one of Connect Four does not constitute a commitment by the City to provide future funding to the project. Recommended Action: Authorize the City Manager to execute the 2001-2002 CDBG/HOME Agreement with the BRHDC, approved as to form by the City Attorney, similar in form to the draft attached to this report. Respectfully submitted, City Manager Attachments: 1 Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Frank E. Baratta, Budget Team Leader CM01-00246 DRAFT IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing the appropriate City officials to enter into the 2001- 2002 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) Agreement with the Blue Ridge Housing Development Corporation, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, the 2001-2002 CDBG and HOME Agreement with the Blue Ridge Housing Development Corporation, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's letter dated November 5, 2001. ATTEST: City Clerk. DOCUMENT IN ORDRESC:\MYF~L~:S\CNCL_RP .~,~R.u. gC~,COH~.~ECT~,_CR_RES.9OC I AGREEMENT This Agreement is made and entered into this following parties: __ day of ,2001, by and between the The Grantee The Subgrantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 Blue Ridge Housing Development Corporation, Inc. 510 1 lth Street, N.W. Roanoke, Virginia 24017 WITNESSETH: WHEREAS, by Resolution No. 35407-061801 the Roanoke City Council approved the 2001/2002 Community Development Block Grant (CDBG) program and by Ordinance No. 35406-070201 appropriated funds therefor; and WHEREAS, by Resolution No. 35405-061801 the Roanoke City Council approved the 2001-2002 HOME Investment Partnerships (HOME) program and by Ordinance No. 35404-061801 appropriated funds therefor; and WHEREAS, by Resolution No. __-__., Roanoke City Council approved the execution ofa subgrant agreement between the Grantee and the Subgrantee; and WHEREAS, the Subgrantee has been certified the as a Community Housing Development Organization (CHDO); NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: ao General -- The project to be undertaken by the Subgrantee under this Agreement shall be known as "Connect Four, Phase I," and shall have as its primary purpose the construction and/or rehabilitation and sale of single-family housing. Through a combination of CDBG, HOME and HOME/CHDO funding provided by the Grantee and other funds secured by the Subgrantee, it is mutually agreed that the Subgrantee will construct and/or rehabilitate and sell a minimum of ten (10) homes. The homes shall be located on the land known as the "Cove Road and Aspen Street" site and/or on such other site or sites as may be mutually agreeable. All homes shall be ora design and value compatible with and comparable to other housing in the immediate vicinity. Of the ten Page 1 of 26 bo (10) units to be constructed and/or rehabilitated, not less than six (6) units shall be affordable housing to be sold to "eligible families," as described in section 1.b below. Eligible Families -- For the purposes of this Agreement, this term shall mean a family that will use the respective home to be purchased as its principal residence and whose income, adjusted for family size, does not exceed 80% of the area median income established by HUD and in effect at the time the family applies to purchase the property. The Subgrantee shall prepare, and retain with records of the project, documentation of its determination of each homebuyer family's income. Such documentation shall include the name, age, and the sources and estimated amount of income anticipated for the succeeding twelve months for each individual related by birth, marriage or adoption living in the same household at the time of the determination. Allowable Expenditures -- Funds provided by the Grantee under this Agreement shall be used by the Subgrantee solely for the costs associated with the new construction and/or rehabilitation of the affordable housing units to be sold to "eligible families," as described in section 1.b above. Except as indicated below, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG or HOME costs, including, but not necessarily limited to, property acquisition, construction labor and materials, including the costs of related infrastructure, title and recording, counsel's fees, property appraisal, surveying, taxes, or extermination and inspection. The price paid to acquire any property shall not exceed the value determined through appraisal, city assessment or other appropriate method without the prior written approval of the Grantee's Department of Management and Budget. Funds shall not be expended to acquire any property which is occupied or which had been occupied at any time during the prior 12 months, nor shall funds be expended for liens, fines or penalties associated with any property acquired or to be acquired. Pursuant to 24 CFR 570.204(c)(2)(iii) and 570.207(b)(3)(iii), the Subgrantee may use CDBG funds for costs of new construction. Funds may also be used to provide down payment and closing cost assistance to eligible families purchasing affordable housing units. The value of the housing produced using CDBG and/or HOME funds shall not exceed the currently-applicable federal maximum of $132,000. The maximum amount of HOME or HOME/CHDO funds which may be expended to assist a unit, excluding any down payment assistance to the buyer, shall comply with the limits specified in section 10.a. below. Period of this Agreement -- This Agreement shall be effective as of November 1,2001, and, unless amended, shall end December 31, 2002. Schedule -- The Subgrantee shall complete the indicated actions by the specified dates. (1) By June 30, 2002, complete the construction and/or rehabilitation of ten (10) homes; (2) By December 31, 2002, complete the sale of the ten (10) homes. Budget -- The amount of CDBG, HOME and HOME/CHDO funds to be provided by the Grantee under this Agreement shall be as detailed in Attachment A. Of the CDBG funds provided, not more than $27,760.00 shall be expended for "project support costs" such as project management staffing and related support costs. In addition, not more than $21,000.00 of the CDBG and/or HOME funds may be expended to provide down payment and closing cost assistance to eligible families. At the sole discretion of the Grantee, any funds remaining unexpended at the end date of Page 2 of 26 this Agreement may be deobligated from the Agreement and made available for other CDBG, HOME or HOME/CHDO projects, as appropriate. The commitment of funds by the Grantee to this Agreement shall not be construed as a commitment by the Grantee to provide further funding to this project. HOME Match -- HOME funds must be matched in accordance with the requirements of 24 CFR 92.218 through 92.222. The Grantee shall be responsible for identifying and ensuring crediting of matching funds required pursuant to this Agreement. To assist the Grantee in meeting the requirement, the Subgrantee shall report regularly to the Grantee all activities which may be credited as HOME match. 2. REQUESTS FOR DISBURSEMENTS OF FUNDS: Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. Requests for disbursement of funds shall be submitted to the Grantee's Project Manager, if any, or Department of Management and Budget and shall include copies of invoices or other appropriate documentation from contractors or other entities for work performed or costs incurred. In the case of property acquisitions, requests shall include settlement statements and property appraisal or assessment documentation. The use of standard American Institute of Architects (AIA) forms is preferred for requesting disbursement of funds for construction costs. Upon approval of the request by the Project Manager and/or Department of Management and Budget, the Grantee shall disburse the funds to the Subgrantee. Approval of disbursement requests will be subject to timely receipt of monthly Subgrantee reports (see section 7 below). All requests for disbursements with respect to costs incurred during the period of this Agreement, as set forth in section 1.d., must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. 3. PROGRAM INCOME AND REPAYMENTS: a. Payment of Proceeds from Sale: (1) Upon the sale of a CDBG, HOME and/or HOME/CHDO assisted property referenced in section 1 above, gross proceeds shall be distributed as follows: first, outstanding loans from private lending institutions shall be repaid; second, the Subgrantee shall recover its funds invested in the project. Thereafter, the Grantee will share in any proceeds remaining. The Grantee's share will be equal to the percentage of the total cost to develop, construct and sell the property which has been paid for by the CDBG, HOME and/or HOME/CHDO funds provided under this Agreement. Should the gross proceeds be insufficient to allow the Subgrantee to recover its invested funds, the Grantee shall not be liable for the insufficiency. (2) In the event a property is assisted by both CDBG and HOME funds provided under this Agreement, the Grantee's share referenced in subsection (1) above shall be distributed to Page 3 of 26 CDBG program income or HOME program income according to the percentage each source is of the total CDBG and HOME funds contributed to the property. b. All repayments, interest, and Grantee shares of proceeds or other returns on the investment of CDBG and/or HOME funds shall be submitted by the Subgrantee within 15 days of receipt. AFFORDABILITY: The Subgrantee shall ensure that properties assisted with HOME and/or HOME/CHDO funds under this Agreement comply with the affordability requirements at 24 CFR 92.254, including, but not limited to, the following: (1) Buyers of the properties shall be eligible families, as described in section 1.b. above; (2) The value and initial sales price of each CDBG- and/or HOME-assisted unit shall not exceed $132,000; and (3) For up to 15 years, depending on the amount and form of HOME and/or HOME/CHDO assistance provided, either resale restrictions or repayment (recapture) requirements will be imposed on the buyer. These provisions will be enforced pursuant to section 5.c. below. The Subgrantee shall monitor all HOME- and/or HOME/CHDO-assisted properties to ensure maintenance of their affordability for the minimum period. This Subgrantee responsibility shall continue so long as this Agreement or any other CDBG-, HOME- or HOME/CHDO-funded Agreement with the Grantee remains in effect. 5. ENFORCEMENT OF THE AGREEMENT: ao In the event the Subgrantee materially fails to comply with any term of the agreement, the Grantee may suspend or terminate, in whole or in part, this Agreement or take other remedial action in accordance with 24 CFR 85.43. The Agreement may be terminated for convenience in accordance with 24 CFR 85.44. In the event the Subgrantee, without prior written approval from the Grantee's Department of Management and Budget, terminates the project prior to completing all units for which HOME funds have been disbursed, the Subgrantee shall be liable for repayment of all HOME project, administrative or operating funds disbursements, whether or not expended. The affordability provisions referenced in section 4 of this Agreement shall be enforced by a written covenants declared by the Subgrantee and recorded with the property deed. The covenant shall provide that the Grantee be notified of any pending resale of the property for the applicable period ofaffordability. Such covenant shall be approved as to form by the Grantee. Ifaff'ordability provisions are not met upon resale of the property, up to the full HOME investment, as applicable, shall be repaid to the Grantee in accordance with section 3 of this Agreement. 6. REVERSION OF ASSETS: Page 4 of 26 Upon expiration of this Agreement, including any amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG, HOME and/or HOME/CHDO funds or CDBG, HOME or HOME/CHDO Program Income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG, HOME and/or HOME/CHDO funds. Any real property under the Subgrantee's control that was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000: a. Shall continue for a period of not less than five years following expiration of this Agreement, including any amendments thereto, to be used to meet one of the CDBG national objectives cited in 24 CFR 570.208; or bo If the property is not used in accordance with 6.a. above, the Subgrantee shall pay the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures ofnon-CDBG funds for the acquisition of, or improvement to, the property. The payment shall be considered Program Income to the Grantee. RECORDS AND REPORTS: a. The following shall apply to financial and project records pertaining to this Agreement: (1) Records to be maintained -- At a minimum, the Subgrantee shall maintain financial and project documents and records which comply with the requirements of 24 CFR 92.508, 570.506, and 570.507, as applicable. (2) Period of record retention -- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) or five (5) years, respectively, in compliance with the requirements of 24 CFR 92.508(c) and 570.502(b), as applicable. (3) Access to records -- The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53 and 92.508(d). b. The following Subgrantee reporting requirements shall apply to this Agreement: (1) On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee which summarizes progress on the project to-date and documents any matching funds identified or to be contributed by the Subgrantee. A table providing data on each housing unit and eligible family assisted by the project shall be included with each monthly report (see Attachment B). (2) The Subgrantee agrees to submit such other reports as may be requested by the Grantee concerning the activities conducted under this Agreement. MONITORING: The Subgrantee shall monitor progress of the project(s) covered by this Agreement, and shall submit appropriate reports to the Grantee's Department of Management and Budget. Not less than annually, Page 5 of 26 the Grantee shall monitor the Subgrantee for records retention and compliance with the regulations of 24 CFR Parts 92 and 570, as referenced herein. ANNUAL AUDIT: As an entity receiving more than $300,000 in federal funding from the Grantee, the Subgrantee shall complete an annual independent audit of the CDBG/HOME expenditures under this Agreement which complies with OMB Circular A- 133. Within 15 days of its completion, two (2) copies of the audit will be provided to the Grantee's Department of Management and Budget. 10. OTHER PROGRAM/PROJECT REQUIREMENTS: In addition to other requirements set forth herein, the Subgrantee shall likewise comply with the applicable provisions of Subparts F and H of 24 CFR part 92 and Subpart K of 24 CFR 570, in accordance with the type of project assisted. Such other requirements include, but are not necessarily limited to, the following. Maximum per-unit subsidy amount and subsidy layering -- The total amount of HOME funds invested shall not exceed $64,520 for a one-bedroom unit, $78,456 for a two-bedroom unit, $101,496 for a three-bedroom unit, and $111,411 for a unit with four or more bedrooms. Further, in accordance with 24 CFR 92.250, HOME funds invested in combination with other governmental assistance shall not exceed the amount necessary to provide affordable housing. Property standards and lead-based paint -- All housing assisted with HOME funds under this agreement must, upon project completion, meet the property standards of 24 CFR 92.251. Those assisted with CDBG funds shall meet the Statewide Building Code. All properties assisted with HOME and/or CDBG funds shall meet the lead-based paint requirements in 24 CFR 92.355 and/or 570.608, respectively. In accordance with regulations, the Subgrantee shall adhere to lead-based paint abatement practices, as applicable, and in no case shall use lead-based paint in the construction or rehabilitation of the properties assisted under this Agreement. Affirmative Marketing and Affirmatively Furthering Fair Housing -- In accordance with 24 CFR 92.351 and 570.601 and the Grantee's Affirmative Marketing Procedures, the Subgrantee shall provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, familial status or disability. Section 109 -- In accordance with Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 3535(d)), no person in the United States shall on grounds of race, color, religion, sex or national origin be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity funded in whole or in part with funds available under this Agreement. (See also Attachment C.) Conditions for religious organizations -- The Subgrantee shall not grant or loan any HOME or CDBG funds to primarily religious organizations for any activity including secular activities. In addition, funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing. In particular, Page 6 of 26 there shall be no religious or membership criteria for tenants or buyers of any HOME- or CDBG- assisted properties. Labor standards -- This projects is subject to federal Labor Standards, including prevailing (Davis- Bacon) wage rates for non-volunteer labor. Infrastructure and housing construction will be treated as distinct components, with separate wage determinations and separate payroll submissions required. (See Attachment D of this Agreement for details regarding Labor Standards.) Environmental standards -- In accordance with 24 CFR 92.352 and 570.604, the activities under this Agreement are subject to environmental review requirements. Such requirements may include, but are not necessarily limited to, historic significance, floodplain, and hazardous sites. No CDBG or HOME funds may be expended prior to the Grantee's completion of the environmental review and the Subgrantee's completion of any required remedial actions. Displacement and relocation -- In accordance with 24 CFR 92.353 and 570.606, the Subgrantee shall take all reasonable steps to minimize displacement as a result of the activities described in section 1. Furthermore, section 1 of this Agreement prohibits acquisition of any property which is occupied or has been occupied at any time during the prior 12 months. Notwithstanding this prohibition, any persons displaced as a result of the activities under this Agreement shall be provided relocation assistance to the extent permitted and required under applicable regulations. Employment and contracting opportunities -- In accordance with 24 CFR 570.607, the activities under this Agreement are subject to the requirements of Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968. The former prohibits discrimination on federally-assisted construction contracts and requires contractors to take affirmative action regarding employment actions. The latter provides that, to the greatest extent feasible and consistent with federal, state and local laws, employment and other economic opportunities arising housing rehabilitation, housing construction and public construction projects shall be given to low- and very-low-income persons. (See also Attachment C.) jo Debarment and suspension -- In accordance with 24 CFR 24, the Subgrantee shall not employ or otherwise engage any debarred, suspended, or ineligible contractors or subcontractors to conduct any of the activities under this Agreement. The Subgrantee will submit to the Grantee's Department of Management and Budget the names of all contractors and subcontractors selected under this Agreement to determine if such contractors or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in federal transactions. Uniform administrative requirements -- The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-110, "Uniform Administrative Requirements . . ."; OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations"; and OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions" or the related provision specified in 24 CFR 92.505 or 570.502. 1. Conflict of interest -- In accordance with 24 CFR 92.356 and 570.611, no covered individual who exercises any functions or responsibilities with respect to the program during his tenure, or for one Page 7 of 26 (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Subgrantee shall incorporate, or cause to be incorporated, in any contracts or subcontracts pursuant to this Agreement a provision prohibiting such interest pursuant to the purposes of this section. 11. EMPLOYMENT DISCRIMINATION PROHIBITED: Pursuant to {}23.1-20 of the Code of the City of Roanoke (1979), as amended, this Agreement being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the following: a. During the performance of this Agreement, the Subgrantee agrees as follows: (1) The Subgrantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Subgrantee. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The Subgrantee, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, will state that such Subgrantee is an equal opportunity employer. (3) Notices, advertisement and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The Subgrantee will include the provisions of the foregoing subparagraphs a.(1)(2),and (3) in every subagreement, subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subgrantee, subcontractor or vendor. (Ord. No. 26298, {} 1, 12-6-82; Ord. No. 35006, {} 1, 8-7-00) 12. DRUG-FREE WORKPLACE TO BE MAINTAINED: Pursuant to {}23.1-20.1 of the Code of the City of Roanoke (1979), as amended, this Agreement being valued at over ten thousand dollars ($10,000.00), the Subgrantee shall be subject to the following: a. During the performance of this Agreement, the Subgrantee agrees to: (1) Provide a drag-free workplace for the Subgrantee's employees; (2) Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Subgrantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; Page 8 of 26 (3) State in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee that the Subgrantee maintains a drug-free workplace; and (4) Include the provisions of the foregoing clauses in every subagreement, subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subgrantee, subcontractor or vendor. bo For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific Agreement, subagreement or contract awarded to the Subgrantee in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Agreement, subagreement or contract. (Ord. No. 35006, § 1, 8-7-00) 13. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 14. INDEMNITY: The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of the Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 15. INDEPENDENT CONTRACTOR: Services performed under this agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services Page 9 of 26 16. 17. hereunder. SUCCESSORS: This Agreement shall be binding upon each of the parties, and their assigns, purchasers, trustees, and successors. AMENDMENTS: The Grantee may, from time to time, require changes in the obligations of the Subgrantee hereunder, or its City Council may appropriate further funds for the implementation of this HOME rehabilitation project. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantcc shall bc incorporated by written amendment to this Agreement. 18. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. 19. AVAILABILITY OF FUNDS: CDBG and HOME funding to be made available by the Grantee under this Agreement is contingent upon necessary appropriations by the U.S. Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. 20. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: Page 10 of 26 By Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: FOR THE SUBGRANTEE: By Cyndi Smltz, Secretary By Alvin Nash, Executive Director APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Department of Management and Budget APPROVED AS TO EXECUTION Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance (See Attachment A) Page 11 of 26 Attachments Attachment A -- Financial Accounts Attachment B -- Housing/Beneficiary Reporting Elements Attachment C -- Special Federal Terms and Conditions Attachment D -- Federal Labor Standards Provisions Page 12 of 26 Attachment A 2001/2002 CDBG, HOME and HOME/CHDO Agreement ("Connect Four, Phase I") Financial Accounts Account # Description Project Support Admin Total CDBG Funds 035-G02-0220-5354 Connect Four 122,544 27,760 150,304 HOME Funds: 035-090-5309-5354 Connect Four 100,000 100,000 HOME/CHDO Funds: 035-090-5309-5354 Connect Four 112,950 112,950 Total Funds 335,494 27,760 0 363,254 Page 13 of 26 Attachment B Housing/Beneficiary Reporting Elements On a monthly basis, the Subgrantee shall provide a narrative report to the Grantee summarizing progress on the project to-date. Accompanying the narrative, the Subgrantee shall submit data in a table or spreadsheet format that is needed in order that the Grantee may complete its required reports to the U.S. Department of Housing and Urban Development. The data provided by the Subgrantee shall include: -- Property address -- Number of bedrooms -- Status (pending, under construction, completed or sold) -- Estimated total hard and soft costs to produce the unit -- CDBG funds committed to property -- HOME funds committed to property -- HOME/CHDO funds committed to property -- Prime Contractor Name -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Prime -- HOME funds committed to Prime -- HOME/CHDO committed to Prime -- Subcontractor Name (Provide separate data for each subcontractor) -- Federal I.D. Number (or Owner Social Security Number) -- Whether Minority-Owned, Women-Owned or Both -- CDBG funds committed to Subcontractor -- HOME funds committed to Subcontractor -- HOME/CHDO committed to Subcontractor -- Name of Homebuyer -- Total Family Income (projected for 12 months following determination) -- Number in family -- Ethnic Group: White, Black (non-Hispanic), Hispanic, Asian/Pacific Islander, American Indian/Alaskan Native, or Other -- Whether family is headed by a single female -- Whether head of household is disabled -- Unit Sale Data -- Sales Price of Unit (excluding settlement charges) -- Closing Date -- Amount of Down Payment and Closing Cost Assistance Provided, if any, and source (CDBG, HOME or HOME/CHDO) Page 14 of 26 Attachment C U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS (Agreements $10,000 or Over) "Section 3" Compliance -- Provision of Training~ Employment and Business Opportunities: The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. Bo The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The Subgrantee will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. The Subgrantee will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the contractor is in violation of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The Subgrantee will not subcontract with any contractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR part 135 and will not let any subcontract unless the contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, Page 15 of 26 binding upon the applicant or recipient for such assistance, its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its Subgrantees and contractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Employment Opportunity: Contracts subject to Executive Order 11246, as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Subgrantee shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the Subgrantee agrees as follows: The Subgrantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Subgrantee will, in all solicitations or advertisements for employees placed by or on behalf of the Subgrantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Subgrantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Subgrantee's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Subgrantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. Eo The Subgrantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Subgrantee's noncompliance with the nondiscrimination clauses of this Page 16 of 26 contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the Subgrantee may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The Subgrantee will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or vendor. The Subgrantee will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in or is threatened with litigation with a contractor or vendor as a result of such direction by the Department, the Subgrantee may request the United States to enter into such litigation to protect the interest of the United States." The Subgrantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Subgrantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Subgrantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of Subgrantees and contractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliance. The Subgrantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Subgrantee debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Subgrantees and contractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. In addition, the Subgrantee agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Subgrantee under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subgrantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subgrantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such Page 17 of 26 o o transfer, prohibiting discrimination upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Subgrantee and the United States are beneficiaries of and entitled to enforce such covenant. The Subgrantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Section 504 and Americans with Disabilities Act: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act, which prohibit discrimination against the disabled in any federal assisted program. Obligations of Subgrantee with Respect to Certain Third-party, Relationships: The Subgrantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Subgrantee. Any Subgrantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under this Agreement to the Subgrantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under Section 104(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974, or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. "Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Employment: This agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premises for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as Page 18 of 26 may be relevant tot he matter under investigation and pertinent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Subgrantee. Information obtained in this manner shall be used only in connection with the administration of the Order, the administration of the Civil Rights At of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. 10. Legal Remedies for Contract Violation: If the Subgrantee materially falls to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) 2) 3) 4) Temporarily withhold cash payments pending correction of the deficiency by the Subgrantee, Disallow all or part of the cost of the activity or action not in compliance, Wholly or partly suspend or terminate the current Agreement, or Take other remedies that may be legally available. Page 19 of 26 Attachment D U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL LABOR STANDARDS PROVISIONS Applicability: The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.l.(i) Minimum Wages: All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act - 29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers and mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5 (a)(1)(iv); also, regular contributions made or costs incurred for more that a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5 (a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be seen easily by the workers. (ii)(a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and Page 20 of 26 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD and its designee, to the Administrator for fldetermination. The administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contract shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon written request of the contractor, that the applicable standards of the Davis-Bacon Act has been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140) 2. Withholding: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis-Bacon prevailing wage requirements, which is help by the same prime contractor so much of the accrued payments or advances as may be considered necessary to help pay laborers Page 21 of 26 and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3.(i) Payrolls and Basic Records: Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section (1)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic includes the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017) (ii)(a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I). This information may be submitted in any desired form. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be Page 22 of 26 maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less that the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above classifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make records required under paragraph A.3.(i) of this section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontracts fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be ground for debarment action pursuant to 29 CFR Part 5.12. 4.(i) Apprentices and Trainees - Apprentices: Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or ifa person is employed on his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractors as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the Page 23 of 26 applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provision of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees: Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to an individually registered program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeyman on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefit listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprenticeships. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportuni~: The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements: The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontractors: The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) ad such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5 7. Contract Termination~ Debarment: A breach of the contract clauses in 29 CFR 5.5 may be ground for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements: All rulings and Page 24 of 26 interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Part 1, 3, and 5 are herein incorporate by reference in this contract. 9. Disputes Concerning Labor Standards: Disputes arising out of labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor as set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employee or their representatives. 10. (i) Certification of Eligibility: By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act ir 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the David-Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or to be awarded HUD contracts or participation in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of...influencing in any way the action of such administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints~ Proceedings~ or Testimony by Employees: No laborers or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any Subcontractor because such employees has filed any complaint or instituted or caused to be instituted ant proceedings or has testified or is about to testify in any proceedings under or relating to the labor standard applicable under this Contractor to his employer. B. Contract Work Hours and Safety Standards Act: As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of forty hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such work week. (2) Violation~ Liability for Unpaid Wages~ Liquidated Damages: In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor or subcontractor Page 25 of 26 responsible therefore shall be liable for the unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for Unpaid Wages and Liquidated Damages: HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (1) of this paragraph. (4) Subcontractors: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraph (1) through (4) of this paragraph. C. Health and Safe .fy: (1) No laborer or mechanic shall be required to work in surroundings or under working condition which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Page 26 of 26 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk November 7, 2001 File #2-18-166-379-417-442 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35630-110501 authorizing the City Manager to execute and attest the appropriate documents for acquisition of property bearing Official Tax No. 2240103, containing 14.461 acres from the Western Virginia Land Trust for construction of the second phase of the Lick Run Greenway, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator N:\CKMH 1 kAgenda.01 kHovemb¢i' 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35630-110501. AN ORDINANCE authorizing the City Manager to execute and attest the appropriate documents for the acquisition of all property rights necessary for the construction of the second phase of the Lick Run Greenway, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute and attest the appropriate documents to accomplish the acquisition of property bearing Official Tax Map No. 2240103 containing 14.461 acres from the Western Virginia Land Trust for the construction of the second phase of the Lick Run Greenway, as more particularly set forth in the City Manager's letter to this Council dated November 5,2001. All requisite documents shall be upon form approved by the City Attorney. 2. The City's acceptance of the property beating Official Tax Map No. 2240103, from the Western Virginia Land Trust, is subject to the City's being able to obtain clear title to the property. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST City Clerk. H:~M EAS URES\O-GREENWAYPROPERTY RECEIVED CITY CLERKS ~]~?iE~f the City Manager '01 OCT 26 P4:41 November 5, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Acceptance of Lick Run Greenway Property Dear Mayor Smith and Members of City Council: In 1999, the Roanoke Valley Greenway Commission completed the first segment of the Lick Run Greenway bicycle/pedestrian lane from the 1-581 interchange to Valley View. The next phase which runs from the 1-581 interchange to Court Street has recently been completed. The final phase will extend the Greenway from Court Street to Hotel Roanoke. The Greenway is a part of the citywide greenway system which was identified in the City's comprehensive plan, Roanoke Vision 2005, as a potential greenway corridor and is supported by the citizens of Roanoke. Each portion is being constructed as funds become available. The Greenway property is identified by Tax Map #2240103 and contains 14.461 acres. See Attachment #1. It is also described as New Lot 1 on the Plat of Survey for Shenandoah Limited Partnership Property of Roanoke Foundation for Downtown, Inc., which has been recorded in Map Book 1, at Pages 2035 & 2036. The Western Virginia Land Trust, on behalf of the Roanoke Valley Greenway Commission, is ready to donate the property to the City. 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 November 5, 2001 Page 2 Recommended Action(s): Authorize the City Manager to execute the appropriate documents to accept the donation of the property, in a form acceptable to the City Attorney. Respectfully submitted, City Manager DLB/sef Attachment C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator CM01-00248 Attachment 1 Legend ~ Uck Run Greenway Attachment1 Legend I ~ Uck Run Grler~raaF CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #2-5-32-72-178 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35631-110501 authorizing the City Manager to execute and attest documents for acquisition of certain properties described as Official Tax Nos. 1212803 and 4012906, as more particularly set forth in a communication from the City Manager dated November 5, 2001, from the U. S. Department of Housing and Urban Development for community development and neighborhood revitalization; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development H:',Agenda.01kNovember 5, 2001 correspondancc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35631-110501. AN ORDINANCE, authorizing the City Manager to execute and attest the appropriate documents for the acquisition of certain properties from the U.S. Department of Housing and Urban Development for community development and neighborhood revitalization; upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to acquire property from the United States Department of Housing and Urban Development (HUD) bearing Offical Tax Map Nos. 1212803 and 4012906, subject to applicable statutory guidelines, for the consideration of $1.00 each and associated costs estimated to be approximately $300.00 each, as more particularly set forth in the City Manager's letter to City Council dated November 5, 2001. All requisite documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:'ddeasures~-hudacquisition 110501 Office of the City Manager November 5, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Acquisition of Properties Acquired from HUD Background: The "Good Neighbor" program of the U.S. Department of Housing and Urban Development (HUD) involves houses which have been offered for sale unsuccessfully for six months. Such a property is offered to the local government for one dollar, on condition the property be used to further neighborhood improvement. HUD has offered two properties to the City, namely 1224 Rorer Avenue SVV and 719 Dale Avenue SE, and is anxious to close on the sale. The Rorer Avenue building is a large duplex, vacant for several years and requiring major rehabilitation, estimated to cost $100,000-120,000. The Dale Avenue property is a single- family building needing moderate renovation (estimated $30,000). Plans call for both properties to be transferred to Blue Ridge Housing Development Corporation (BRHDC) after the City acquires them, and for BRHDC to renovate them for reuse. Both apartments in the Rorer Avenue property will be offered to police officers at dramatically reduced rents, as a recruiting inducement for new recruits and to benefit an older neighborhood through the presence of positive role models. The Dale Avenue house will be repaired and marketed for sale initially to police officers and school teachers before the general public. Authority is needed to acquire the two properties from HUD. At a later date, after the required review process and public hearing, Council will be asked to consider a modification to the Consolidated Plan to provide loan financing to BRHDC for the renovation of 1224 Rorer Avenue SW and to convey both properties to BRHDC. 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 The Honorable Mayor and Members of Council November 5, 2001 Page 2 Considerations: High acquisition cost of older buildings can be a significant deterrent to their renovation. This offer from HUD provides an opportunity to put two existing buildings to productive reuse. In addition, placement of police officers in core neighborhoods will provide benefits to both the neighborhoods and the officers. Recommended Action: Authorize the City Manager to buy from HUD on behalf of the City the properties located at 1224 Rorer Avenue SW and 719 Dale Avenue SE, for a sum of one dollar each plus additional costs associated with the purchase, estimated to be approximately $300 each, as approved by the City Attorney. Respectfully submitted, "' Darlene L. ~ City Manager C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development #CM01-00256 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #110 Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35632-110501, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of said Counties and Cities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Melissa A. Landis, Clerk, Alleghany County Board of Supervisors, P. O. Box 917, Covington, Virginia 24426 N:\CKMHlXAgenda.01XNovember 5, 2001 correspondance.wpd Darlene L. Burcham November 7, 2001 Page 2 pc: Claire A. Collins, Bath County Administrator and Clerk, Bath County Board of Supervisors, P. O. Box 309, Warm Springs, Virginia 24484 Gerald A. Burgess,.Botetourt County Administrator and Clerk, Botetourt County, Board of Supervisors, One West Main Street, No. 1, Fincastle, Virginia 24090 Elizabeth N. Frank, Craig County Administrator and Clerk, Craig County Board of Supervisors, P. O. Box 308, New Castle, Virginia 24127 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 William G. O'Brien, Rockingham County Administrator and Clerk, Rockingham County Board of Supervisors, P. O. Box 1252, Harrisonburg, Virginia 22801 Janie G. Coffey, Clerk of'Council, City of Buena Vista, 2039 Sycamore Avenue, Buena Vista, Virginia 24416 Edith S. Wood, Clerk of Council, City of Covington, 158 N. Court Avenue, Covington, Virginia 24426 Karen T. Roundy, Clerk of Council, City of Lexington, P. O. Box 922, Lexington, Virginia 24450 James E. Taliaferro, II, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153 The Honorable George M. McMillan, City Sheriff James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development George C. Snead, Jr., Assistant City Manager for Operations A. L. Gaskins, Chief of Police Stephanie M. Moon, Deputy City Clerk James T. Phipps, Director, Court Community Corrections, 516 East Main Street, Salem, VA 24153 H:kAgenda.01 kNovember 5,2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day 'of November, 2001. No. 35632-110501. A RESOLUTION of the Council of the City of Roanoke, establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, Boards of Supervi~rs of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-hased probation program, pursuant to the provisions of Article 2, of Chapter 1 of Title 9.1 and Article 5 of Chapter 9 of Title 19.2 of the Code of Virginia (1950), as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code §9.1-173 et seq.) and the Virginia Pretrial Services Act (Virginia Code §19.2-152.2 et seq.) require the establishment and appointment ora Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the participating jurisdictions previously has been established in accordance with law, and this Council now, and in conjunction with the governing bodies of the other jurisdictions that participate in this multi-jurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court- Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code §15.2-1411 and in consideration of the changes in the Code of Virginia since the Regional Community Criminal Justice Board's establishment; NOW, THEREFORE, BE 1T RESOLVED, pursuant to the authority granted to this Council by V'u'ginia Code §§15.2-1411, 19.2-152.5, 9.1-178 and the Charter of the City of Roanoke as follows: 1. That a Regional Community Criminal Justice Board for the Court-Community Corrections Program is established. 2. That the Counties of AHeghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Cities of Buena Vista, Covington, Lexingon, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of up to 20 persons, a number established by §9.1-178 of the Code of V'u~i,'nia (1950), as amended, this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That, in conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Council appoints the following persons to the Regional Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2001. Subsequent appointments shall be filled according to the bylaws of the Regional Community Criminal Justice Board and in joint concurrence with the participating governing bodies. Because §9.1-178 provides that the Board's membership shall include persons who hold certain positions, this resolution sets out, beside the name of each person, a descriptive title for that person's position or occupation. Name and Title The Honorable Julian H. Raney, Jr.~ Judge General District Court Twenty-third Judicial District The Honorable John B. Ferffuson, Judge Juvenile & Domestic Relations Court Twenty-third Judicial District SheriffRonald N. Sprinkle Botetourt County Sheriff's Office Dr. David Smith, Superintendent Bath County Public Schools C-ail Burrns, Director, Coun~ling Services Blue Ridge Behavioral Health Care Roanoke, Virginia The Honorable Clifford R. We~kstein, hdge Circuit Court Twenty-third Judicial Circuit James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington The Honorable Ray Burton Fitzgerald, Chief Maffistrate Twenty-fifth Judicial District SheriffCrerald S. Holt Roanoke County Sheriff's Office Sheriff George A. McMillan Roanoke City Sheriff's Office Tel-m 1 Year 1 Year 1Year 2 Years 2 Years 2 Years 2 Years 2 Years 3 Years Sheriff Roger L. Surber City of Salem Sheriff's Office W'tHiam H. Cleaveland, Esquire Roanoke, Virginia Chief A. L. G-askins Roanoke City Police John Higgins, Superintendent Rockbridse Regional Jail Tammy D. Stephenson, County Administrator Alleghany County Ned McElwaine, Deputy County Administrator Botetourt County John Chambliss, Deputy County Administrator Roanoke County Nancy C. Stagner, Board of Supervisors County of Rockbridge Deputy iVfitchell A. Deskins Craig Coumy Sheriff's Office Assistant Chief of Police A. J. Panebianco Buena Vista Police Department 3 Years 3 Years 3 Years 3 Years 3 Years Years 3 Years 3 Years 3 Years 3 Years 4. That this Council, in conjunction with the governing bodies of the other jurisdic'tions which have established the Court-Community Corrections Program, hereby reappoints the City of Salem as the fiscal agent for the program. ATTEST: City Clerk. RECEIVED (.qTY CLERKS OFFICE Office of the City Manager No lmbe0CrTs,3:t00 2:01 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: Regional Community Criminal Justice Board Background: The General Assembly amended state law, effective October 1, 2001, regarding the Regional Community Criminal Justice Board. The maximum size of the Board has been reduced from 25 to 20 members, and the pertinent statutes have been recodified from §53.1-180, et seq. to §9.1-173, et. seq. This multi-jurisdictional Board manages local pretdal services or community-based probation programs. No local funding is required as a condition of Roanoke's participation. The City of Salem serves as the program's fiscal agent. Each participating locality is to reconstitute the Board and, generally, reappoint the current members of the Board. The current Board is changed only in that two previously appointed members from other jurisdictions will no longer serve, and seven persons have been added to the Board from other jurisdictions. Recommended Action: City Council adopt the attached resolution to implement the statutory changes and reconstitute the Board with the appointments listed in the resolution. Respectfully submitted, City Manager C; Room 364 Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George McMillan, Sheriff A. L. Gaskins, Chief of Police Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci.raanoke.va.us #CM01-00253 (540) 853-2333 FAX (540) 853-1138 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #24-328 Stephanie M. Moon Deputy City Clerk Sheila N. Hartrnan Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35633-110501 amending Article I, In General, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, by REPEALING {}21-44, Solicitations and sales; prohibited acts; by adding new {}21-44.1, entitled Aggressive Solicitation and Sales; Definitions; Prohibited Acts and Penalties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure 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 N:\CK2dHlXAgenda.0tkNovember 5, 2001 correspondancc.wpd Darlene L. Burcham November 7, 2001 Page 2 pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court The Honorable Court Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Sheila N. Hartman, Assistant Deputy 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 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police R. Matthew Kennell, Executive Director, Downtown Roanoke, Inc., 310 First Street, S. W., Roanoke, Virginia 24011 N:\CKMHl~,Agcnda.01'~qove~aber 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35633-110501. AN ORDINANCE amending Article I, In General, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, (1979), as mended, by REPEALING {}21-44, Solicitations and sales; prohibited acts; by adding new {}21-44.1, entitled Aggressive Solicitation and Sales; Definitions; Prohibited Acts and Penalties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-44, Solicitations and sales; prohibited acts, of Article I, In General, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, is hereby REPEALED. 2. Article I, In General, of Chapter 21, Offenses - Mis~llaneous, of the Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained by the addition of Section 21- 44.1, Amgr_ essive Solicitation and Sales; Definitions; Prohibited Acts and Penalties, to read and provide as follows: Sec. 21-44.1 Ag~essive Solicitation and Sales; Defmitionsi Prohibited Acts and Penalties (a) The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. (1) Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. (2) Aggressive manner means and includes: a. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; O) (4) (5) do eo Following the person being solicited, if that conduct is: (i) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; Continuing to solicit the person being solicited after the person has 'made a negative response, ifcominuing the solicitation is: (i) imended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; Intentionally or recklessly blocking the safe or 'free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; Intentionally or recklessly using obscene or abusive language or gestures: (i) intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act. upon property in the person's possession; or (ii) words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation; or Approaching the person being solicited in a manner that: (i) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission ora criminal act upon property in the person's possession; or (ii) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Bank means any banking corporation authorized by statute to accept deposits and hold itself out to the public as engaged in the banking business in the Commonwealth of Virginia. Automated teller machine means a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them. (b) The following will be construed as prohibited acts and it shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services: (1) In an aggressive manner in a public area; (2) In any public transportation vehicle, or bus station or stop, provided, however, that this paragraph shall not apply to services rendered in connection with such transportation services; (3) Within fii~een (15) feet of any entrance or exit of any bank during the hours of operation of such bank; (4) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or (5) From any operator or passenger of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. While standing on or going into any street or highway, including medians, on ramps and exit ramps. (c) It is a prohibited act and it shall be unlawful for any person to solicit money or other things of value within fffieen (15) feet of any automated teller machine during the hours of operation of such automated teller machine. (d) Penalties. Any person violating the provisions of this section shall be guilty ora Class 2 misdemeanor. 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. EEG£1V'EO CITY CLERKS OFFICE Office of the City Manager N°ve/OI3e~ 2~01p~2 ,'00 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor 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: Background: Subject: Panhandling ordinance In the past few months, there have been several community meetings which addressed the issue of on-going panhandling in all areas of the City. Present at these meetings were representatives from Downtown Roanoke, Inc, several community-social service agencies, and law enforcement personnel. Panhandling (soliciting) is presently addressed in City Code 21-44: Solicitations and sales; prohibited acts. Panhandling is considered a Class 3 misdemeanor, which means the panhandler receives no jail time, and only has to pay a "fine". It was apparent to members of these meetings that the City needs to implement more enforcement possibilities for panhandling and that the degree of punishment for panhandling be more severe; thus, deterring those involved in criminal panhandling. The members of these meetings proposed that the City Code addressing "panhandling" be expanded as to what conduct is prohibited. The ordinance, for example, prohibits panhandling and the solicitation of goods and services in an aggressive manner, prohibits panhandling and soliciting sales of goods and services within 15 feet of an bank entrance or exit, and prohibits solicitation from anyone that is in a motor vehicle in traffic on a public street. The ordinance further clarifies that solicitation will not be permitted in any street, on any median, or while in or on ramps or exit ramps. With the proposed revision to the present City Code, panhandling can be considered a Class 2 misdemeanor which may be punishable by jail time versus a "fine". 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 November 5, 2001 Page 2 Recommended Action: Recommended action is to repeal City Code 21-44: Solicitations and sales; prohibited acts and replace it with proposed City Code 21-44.1: Aggressive Solicitation and Sales; Definitions; Prohibited Acts and Penalties which expands City Code 21-44 to be more specific as to what conduct is prohibited. Additionally, a violation of the new ordinance would be a Class 2 misdemeanor. Respectfully submitted, City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance A. L. Gaskins, Chief of Police #CM01-00257 Sec. 21-44. Solicitations and sales; prohibited acts. (a) No person shall, in soliciting any contribution or donation of money or any thing of value, or in seeking to sell any item, engage in any of the following conduct: (1) Touch the person to whom such efforts are directed with the intent to interfere with such person's free passage without the person's permission; or (2) Obstruct or impede the flow of pedestrian traffic, including intentionally stepping in the path of any person so as to impede his progress, in or on any public sidewalk, building, park or other public place; or (3) Obstruct or impede free ingress to or egress from pedestrian or vehicular entrances to public or private property abutting any public sidewalk or street; or (4) Stand on or go into any street or highway for the purpose of soliciting any contribution or donation from, selling any item to, or conducting any business with any occupant of any motor vehicle; or (5) Harass another person for the purpose of inducing that person to give money or other thing of value. (b) For the purposes of this section, an individual (solicitor) harasses another (solicitee) when the solicitor closely follows the solicitee and requests money or other thing of value after the solicitee has communicated to the solicitor that the solicitee does not want or intend to give money or other thing of value to the solicitor. (c) Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor. (Ord. No. 24975, § 1, 1-28-80; Ord. No. 31362, § 1, 3-1-93) CITY OF ROANOKE Office of the City Clerk Mary F. parker, CMC City Clerk November 7, 2001 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk File #5-24-54-214-289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35635-110501 amending the City's Fee Compendium to comply with the Code of Virginia for fees charged by the Police Department for the preparation of investigative reports regarding applicants for Conservator of the Peace appointments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance A. L. Gaskins, Chief of Police N:\CKMHlXAgenda.01'uNovember 5, 2001 correspondancc.wpd IN THE COUNCIt~ OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35635-110501. A RESOLUTION amending the City's Fee Compendium to comply with the Code of Virginia for fees ehar~ed by the Police Department for the preparation of investigative reports regarding applicants for Conservator of the Peace appointments. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The followin~ fees shall be charged by the Police Department to prospective appointees for the preparation of investigative reports rel~ar~ Conservator of the Peace appointments, in compliance with Section 19.2-13.A of the Code of Vir~nia (1950), as amended: Service Charge Lesser of actual cost or $300.00 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, shall be amended to reflect the new fees charged by the Police Department for preparation of investigative reports regarding the Conservator of the Peace appointments. 3. Couucil. The fees established by this Resolution shall remain in effect until amended by this This Resolution shall be in full force and effect immediately. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman · Assistant Deputy City Clerk November 7, 2001 File #5-24-54-214-289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35634-110501 amending the City's Fee Compendium to reflect the service charge made to animal owners for daily boarding fees for an impounded animal of $8.75 to include the initial day and all days thereafter. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance A. L. Gaskins, Chief of Police H:~genda.01~November 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No, 35634-110501. A RESOLUTION amending the City's Fee Compendium to reflect the correct service charge made to animal owners for daily boarding fees for an impounded animal of $$. 75 to include the initial day and all days thereafter. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, ~ed by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the fee charged to animal owners for the daily boarding fee for an impounded animal of $8.75 to include the ~ day and all days thereafter. Council. 3. The fees established by this Resolution shall remain in effect until amended by this This Resolution shall be in full force and effect immediately. AT'FEST: City c er . EECEiVED £'.ITY CLERICS 0FFtCF_office of the City Manager '01 N0V-1 PI2:00 Novembef'5, 2001 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: Request for Two Changes in Fee Compendium Background: There are two fees set forth in the City's Fee Compendium which need revision: a change in the fee for the boarding of animals on their first day of impoundment at the Roanoke Valley Society for the Prevention of Cruelty to Animals, Inc. (SPCA), and a change in the fee for the background investigation of an applicant for "Conservator of the Peace." Per the City's Fee Compendium, the SPCA should charge $4.00 for the first day of boarding fees for impounded domestic animals, and every day thereafter, the fee is set at $8.75 per day. However, the SPCA has been charging $8.75 for every day of impoundment, and believes this daily fee is necessary for expenses incurred in boarding a domestic animal. It is apparent that the Fee Compendium did not set forth a "first day" boarding fee that is consistent with actual SPCA expenditures. A conservator of the peace provides security of property and tranquility. To become a conservator of the peace, an individual must apply through the Circuit Court, which then orders the local law enforcement agency to investigate the background and character of the applicant. A circuit court judge of any county or city, in his/her discretion, may appoint one or more special conservators of the peace who shall serve as such for such length of time as the court may designate, but not exceeding four (4) years under any one appointment. Prior to granting an application for appointment, the circuit court shall order the local law- enforcement agency to conduct a background investigation, in accordance with Code of Virginia section 15.2.1705 (ii), of the prospective appointee and file a report of such 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 The Honorable Mayor and Members of Council November 5, 2001 Page 2 investigation with the court unless the prospective appointee is a police officer as defined in Code of Virginia section 9.1-101. The Code of Virginia section 19.2-13 states that "the local law-enforcement agency may charge the prospective appointee a reasonable fee not to exceed the lesser of the actual cost to the local law-enforcement agency or $300 for the time and costs expended in preparing the investigative report." (Attachment A.) However, the City of Roanoke's currently adopted fee for the background investigation conducted on applicants for "Conservator of the Peace" (Attachment B) is $250 for these services. Recommended Action: Set the City of Roanoke's fee for the daily boarding an impounded domestic animal at $8.75 per day. Set the City of Roanoke's fee for the background investigation of an applicant for "Conservator of the Peace" at the lesser of the actual cost or $300 as permitted by the Code of Virginia section 19.2-13. Respectfully submitted, City Manager Attachments C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance A. L. Gaskins, Chief of Police #CM01-00253 Subject: Conservator of the Peace DOC Library Category: Police Main Topic 03/28/00 01:54 PM j CONSERVATOR OF THE PEACE ASSESSING DEPARTMENT: Police COLLECTION DEPARTMENT: Police DESCRIPTION: Virginia law permits Circuit Courts to accept applications and order local police departments to investigate the background and character of applicants for Conservator of the Peace appointments. A Conservator of the Peace provides security of property and tranquility. This category of individuals or firm includes private security guards. To become a Conservator of the Peace, an individual must apply through the Circuit Court, which then orders the local law enforcement agency to investigate the background and character of the applicant. SERVICE CHARGE: issuance and first two years renewal thereafter 25.00 Initial $250.00 Biennial LEGAL AUTHORIZATION:Resolution No. 31091, July 13, 1992 5 19.2-13. Special conservators of the peace; authority; jurisdiction; bond; liability of employers. A. Upon the application of any corporation authorized to do business in the Commonwealth or the owner, proprietor or authorized custodian of any place within the Commonwealth and the showing of a necessity for the security of property or the peace, a circuit court judge of any county or city, in his discretion, may appoint one or more special conservators of the peace who shall serve as such for such length of time as the court may designate, but not exceeding four years under any one appointment. The order of appointment may provide that a special conservator of the peace shall have all the powers, functions, duties, responsibilities and authority of any other conservator of the peace within such geographical limitations as the court may deem appropriate, whenever such special conservator of the peace is engaged in the performance of his duties as such. The order may also provide that the special conservator of the peace is a "law-enforcement officer" for the purposes of 55 37.1-67.01 and 37.1-67.1. Prior to granting an application for appointment, the circuit court shall order the local law-enforcement agency to conduct a background investigation, in accordance with 5 15.2-1705 (ii), of the prospective appointee and file a report of such investigation with the court unless the prospective appointee is a police officer as defined in 5 9.1-101. The local law-enforcement agency may charge the prospective appointee a reasonable fee not to exceed the lesser of the actual cost to the local law-enforcement agency or $300 for the time and costs expended in preparing the investigative report. When the application is made by a corporation, the circuit court shall specify in the order of appointment the geographic jurisdiction of the special conservator of the peace, and this jurisdiction may include any or all counties and cities of the Commonwealth wherein the corporation does business. The clerk of the appointing circuit court shall certify a copy of the order of appointment to the circuit court of every jurisdiction specified in said order, and each special conservator of the peace so appointed on application of a corporation shall present his credentials to the chief of police or sheriff of all such jurisdictions. Every person initially appointed on or after July 1, 1996, as a special conservator of the peace pursuant to the provisions of this section, before entering upon the duties of such office, shall be required by the court to enter into a bond with approved security before the clerk of the circuit court of the county or city wherein such duties are to be performed, in the penalty of such sum as may be fixed by the court, conditioned upon the faithful performance of such duties. Such bond shall be conditioned upon the faithful performance of such duties in any locality in which he is authorized to act pursuant to the order of the court. No such bond shall be required, however, if such person so appointed has met the minimum entry-level law-enforcement training requirements established by the Department of Criminal Justice Services under 5 9.1-102 within three years of the date of initial appointment or has been employed as a law-enforcement officer as defined by 5 9.1-101 within the preceding three years. If any such special conservator of the peace is the employee, agent or servant of another, his appointment as special conservator of the peace shall not relieve his employer, principal or master, from civil liability to another arising out of any wrongful action or conduct committed by such special conservator of the peace while within the scope of his employment. B. The court may limit or prohibit the carrying of weapons by any special conservator of the peace initially appointed on or after July 1, 1996, while the appointee is within the scope of his employment as such. If the order of appointment does not prohibit the carrying of weapons, the court may require that the appointee meet the minimum entry training requirements established by the Department of Criminal Justice Service under § 9-170 for law-enforcement officers within twelve months of his appointment. (Code 1950, § 19.1-28; 1960, c. 366; 1974, cc. 44, 45; 1975, c. 495; 1976, c. 220; 1982, c. 523; 1989, c. 455; 1996, cc. 850, 956; 2001, c. 249.) previous section [ next section ] new search [ table of contents [ home CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #53-79-192-540 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia - Dear Mr. Crush: I am attaching copy of Resolution No. 35636-110501 authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of the issuance thereof general obligation public improvement bond anticipation notes of the City), in the principal amount of $56,245,000.00 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City. The abOvereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Pursuant to provisions of Section 10 of Resolution No. 35636-110501, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607, Code of Virginia, 1950, as amended. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment H:kAgenda.01 hNovembcr 5,2001 correspondancc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of November, 2001. No. 35636-110501. A RESOLUTION AUTHORIZING THE SALE OF NOT TO EXCEED FIFTY-SLX MILLION TWO HUNDRED FORTY-FiVE THOUSAND DOLLARS ($56,245,000) PRINCIPAL AMOUNT OF CITY OF ROANOKE, VIRGINIA, GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AND THE DIRECTOR OF FINANCE CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF; AND AUTHORIZING SUCH CITY TO EXECUTE AND DELiVER A CONTINUING DISCLOSURE CERTIFICATE OF SUCH CITY RELATING TO SUCH BONDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), and Resolution No. 34837-051500 adopted by this Council on May 15, 2000, this Council has authorized the issuance of general obligation public improvement bonds of the City in the principal amount of $7,500,000 for the purpose specified in Resolution No. 34837-051500. (b) Pursuant to the Public Finance Act of 1991 and Resolution No. 35034- 082100 adopted by this Council on August 21, 2000, this Council has authorized the issuance of general obligation public improvement bonds of the City in the principal amount of $2,500,000 for the purpose specified in Resolution No. 35034-082100. (c) Pursuant to the Public Finance Act of 1991 and Resolution No. 35293- 041601 adopted by this Council on April 16, 2001, this Council has authorized the issuance of general obligation public improvement bonds of the City in the principal amount of $12,000,000 for the purpose specified in Resolution No. 35293-041601. (d) Pursuant to the Public Finance Act of 1991 and Resolution No. 35373- 060401 adopted by this Council on June 4, 2001, this Council has authorized the issuance of general obligation public improvement bonds of the City in the principal amount of $3,000,000 for the purpose specified in Resolution No. 35373-060401. (e) Pursuant to the Public Finance Act of 1991 and Resolution No. 35489- 080601 adopted by this Council on August 6, 2001, this Council has authorized the issuance of 379539.2 022815 RES -2- general obligation public improvement bonds of the City in the principal amount of $31,245,000 for the purposes specified in Resolution No. 35489-080601. (f) This Council deems it advisable and in the best interest of the City to provide at this time for the issuance, sale and delivery of an issue of general obligation public improvement bonds in the aggregate principal amount of not to exceed $56,245,000 authorized for issuance pursuant to the resolutions referred to in subsections (a) through (e) hereof, to be known and designated as "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (hereinafter referred to as the Bonds"). SECTION 2. (a) This Council hereby authorizes the sale of the Bonds, in an aggregate principal amount of not to exceed $56,245,000, in accordance with the provisions of this resolution. (b) The Bonds may be issued in series and the Bonds of each series shall be dated such date, in each case as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be numbered from No. R-1 upwards in order of issuance or as shall otherwise be provided by the Director of Finance; shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof; and shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of Section 4 with regard to the authentication of such Bonds and of Section 9 with regard to the forms of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The Bonds of each series (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity of any series are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity of such series to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds of such series to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be 379539.2 022815 RES -3- determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (e) If any Bond of any series (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to DTC or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes in the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient tO pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and the City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is 379539.2 022815 RES -4- authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. · SECTION 5. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required 379539.2 022815 RES -5- to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York CDTC"), as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book- entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder or bidders for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a tree and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. 379539.2 022815 RES -6- SECTION 7. (a) The proceeds of sale of the Bonds shall be applied to the purposes specified in the resolutions referred to in subsections (a) through (e) of Section 1 hereof. (b) To the extent it is contemplated that the interest on the Bonds of any series shall be excluded from gross income for federal income tax purposes, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Intemal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of such Bonds. SECTION 8. (a) The Bonds shall be sold at competitive sale on such date or dates as shall be determined by the City Manager and the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement and a Detailed Notice of Sale relating to the Bonds. In preparing the Detailed Notice of Sale relating to the Bonds, the Director of Finance is hereby, authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year; and (ii) are hereby further authorized to receive bids for the purchase of the Bonds of each series and, without further action of this Council, to accept the bids offering to purchase the Bonds of each series at the lowest tree interest cost to the City; provided, however, in no event shall the tree interest cost with respect to the Bonds of any series exceed eight percent (8.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds set forth in Section 2 hereof upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed three percent (3.00%). (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement shall be "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially 379539.2 022815 RES -7- the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds and the certificate of authentication of the registrar and the assignment endorsed on the Bonds of each series, shall be in substantially the following forms, respectively, to-wit: (FORM OF BOND) UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES No. R-1 $ CUSIP NO.: MATURITY DATE: INTEREST RATE: DATE OF BOND: ,2001 770077__ REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum 379539.2 022815 RES -8- on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond Shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of ., Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to pay the costs of various public improvement projects of and for the City as more fully described in the resolutions pursuant to which the Bonds are being issued. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: 379539.2 022815 RES Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principa} Amount) __, __ to , __ __, __ to , __ __, __ and thereafter [The Bonds of the series of which this Bond is one maturing on __ _, are subject to mandatory sinking fund redemption on .... and on each thereafter and to payment at maturity on __ _, __ in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereofi Year ( ) Principal Amount The City, as its option, may credit against such mandatory sinking fimd redemption requirement the principal amount of any Bonds maturing on which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement.] If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue fi.om and after the date so specified for the redemption hereof. 379539.2 022815 RES - 10- Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. 379539.2 022815 RES -11- IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated .... CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Treasurer City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the proceedings. within-mentioned ], as Registrar By: Authorized Signator Date of Authentication: 379539.2 022815 RES FOR transfer(s) unto ASSIGNMENT VALUED RECEIVED the undersigned hereby sell(s), aSsign(s) and (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing ., Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner aS it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 10. The City Clerk is hereby directed to file a copy of this resolution, certified by such City Clerk to be a tree copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. 379539.2 022815 RES SECTION 11. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. R-Saleof56245M. 01 379539.2 022815 RES JAMES D. GRISSO Director of Finance November 5, 2001 CITY OF ROANOKE DEPARTMENT ~ OF FINAI~i¥ ED 215 Church Avenue, S.W., R~ti~¥~'LEEF, S OFF{C?. RO. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2~t ~V'I ~1:38 Fax: (540) 853-6142' JESSE A. HALL Deputy Director Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor 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 Subject: Authorization to Sell $56,245,000 General Obligation Bonds Dear Mayor Smith and Council Members: City Council approved the issuance of General Obligation Bonds totaling $56,245,000 pursuant to the Public Finance Act of 1991 of the Code of Virginia. Resolutions were adopted as follows: Resolution Number Date Purpose Amount 37837 05/15/00 Roanoke River Flood Reduction $ 7,500,000 35034 08/21/00 Shenandoah Garage 2,500,000 35293 04/16/01 Riverside Centre for Research and Technology12,000,000 35373 06/04/01 Roanoke Civic Center Renovations 3,000,000 35489 07/16/01 Crystal Spring Filtration Plant 5,445,000 35489 07/16/01 Curb, Gutter, Sidewalk Improvements 5,000,000 35489 07/16/01 Roanoke Academy for Math and Science 4,600,000 35489 07/16/01 Stadium/Amphitheater 16,200,000 Total $56,245,000 The City's bond attorney, Hawkins, Delafield & Wood, have issued an opinion that bonds to be issued for the Civic Center improvements ($3 million) and the Riverside Center for Research and Technology ($12 million) meet the Internal Revenue Code's private activity tests and must be issued as taxable bonds. The private activity bond tests serve to identify arrangements that have the potential to transfer the benefits of tax exempt financing to private enterprise. Based on current market conditions, we anticipate the taxable bonds will be less than two percentage points more than the tax exempt bonds. The taxable bonds and tax exempt bonds will be designated as separate series with the next issuance in January', 2002. Honorable Mayor and Members of City Council November 5, 2001 Page 2 We plan to request public bids on a total bond issue of $56,245,000 during the second week of January, 2002. Due to the varying interest rates bid throughout the life of the bond issue, the bond maturity schedule and interest rates must be provided to the City's financial advisors, Branch Banking and Trust Capital Markets (BB&T), to compute the overall net interest cost. We propose using the same procedure used in previous bond issuances whereby bids will be delivered to BB&T's Richmond office via the Intemet, with oversight of certain City representatives, BB&T will calculate the overall interest rate on the bids for purchase of the bonds. BB&T and City representatives will review the bids to determine the responsive bid having the lowest net interest cost. City representatives will accept the lowest bid with an immediate communication to City Council summarizing the bids and acceptance of the bid with the lowest net interest amount. We recommend that City Council approve the accompanying resolution to authorize the sale of $56,245,000 of General Obligation bonds. Additionally we recommend that City Council authorize the City Manager and Director of Finance to award the winning bid and to affix the interest rates to be borne by the bonds. We would be pleased to answer questions Council may have. JaD~ -s D Gnsso - ~'''~'~ Darlene L. Burc~am City Manager JDG/DLB:s Attachment C~ William M. Hackworth, City Attorney Drew Harmon, Municipal Auditor Mary F. Parker, City Clerk Jesse A. Hall, Deputy Director of Finance JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 JESSE A, HALL Deputy Director November 5, 2001 The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William O. Bestpitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Jr., Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: September Financial Report Included with this narrative is the September monthly financial report. In addition to the traditional analysis of local revenues, we thought it would be appropriate to include some comments on the national and state economy. Many economists agree that the national economy is headed into a recession. The technical definition of a recession is two consecutive quarters of negative growth in Gross Domestic Product (GNP). There was negative growth in the third quarter, and negative growth is projected for the fourth quarter of calendar year 2001. From a practical standpoint, the economy is already in a recession. Layoffs are widespread, unemployment claims are rising and the stock market continues to waiver. Low interest rates have helped maintain the housing market, and although new car sales have declined, most major automobile manufacturers are offering no interest financing to stimulate sales. Consumers have been one of the main factors preventing the economy from sliding into a recession. The events of September 11, anthrax threats and an inconclusive war on terrorism has caused consumer confidence to plunge. Numbers released Tuesday, October 30, indicated the weakest consumer confidence in 7 ¼ years, down dramatically from August. Although the Federal Reserve Bank has cut interest rates nine times this year, they are expected to cut rates again when they meet in early November. Virginia's economy is somewhat reflective of the national economy. The Senate Finance staff had no positive news on the state's budget outlook in their report to the Senate Finance Committee at an October 19 meeting in Richmond. Although revenue growth was projected at 7 percent for the state's cu trent budget year, revenue collections through September were down 2.4 percent from last year at this time. September 2001 collections were 8.4 percent less than those of September 2000. The greatest percentage loss was in corporate income taxes which were 31 percent lower in September, 2001 when compared to September, 2000. H~norable Mayor and Members Roanoke City Council November 5, 2001 Page 2 It is interesting to note, as reported by the Virginia Municipal League, that while other states have begun to publicly announce reductions in state agency budgets to address declining revenues and overall weak economic conditions, Virginia has yet to do the same. The longer the state goes without addressing its own revenue situation, the harder it could be for state agencies and local governments to absorb potentially large cuts in service dollars. Although we're beginning to see a decline in growth of some our local tax revenues, so far it doesn't appear to be as dramatic as the national and overall state trends. The local option sales tax receipts are down 1.7% from the same period last year. Having stated this, it is important to note that due to the time lag in receiving the funds from the state, we haven't yet received taxes generated from September sales. Lodging tax is up 18.06 percent, although renovations at the Hotel Roanoke Conference Center last year negatively impacted the growth of this tax in FY 2001. Meals tax and admissions taxes both show slight gains. The Kiplinger Letter recently reported that smaller U.S. cities with diversified economies, such as Roanoke, are doing well, comparatively speaking. Those cities that are heavily dependent on high-tech manufacturing, foreign tourism, financial services and other sectors that are in significant slumps are being more acutely impacted. As an example, home sales in Roanoke were up 3 percent in September over last year. Another positive factor for Roanoke is the upcoming bond sale which will contribute $56 million to the local economy. Certainly this should help offset some of the negative trends that are developing. In a September 27, 2001 letter to City Council, Ms. Burcham and I detailed a contingency plan to put an "administrative hold" on funds in excess of $2 million included in the FY2002 adopted budget until we proceed to the fourth quarter of the fiscal year. Additionally, we identified several other budget items or managerial controls that could be implemented to maintain financial flexibility if warranted by economic conditions. We will keep City Council updated on a regular basis as we proceed through the fiscal year and as trends become more apparent. Following is our traditional monthly analysis of the major categories of revenues and expenditures for the first three months of the 2001-2002 fiscal year. REVENUE General Fund revenues reflect a decrease of 8.74% or $2,736,000 compared to FY01. Variances in specific categories of revenues are as follows: General Property Taxes declined 10.54% or $1,646,000. Real estate taxes decreased from the same period in the prior year due to earlier receipt of payments in FY01. Real estate taxes are projected to ~ncrease approximately 3% in the current year. Personal property taxes are also down from the prior year, but the majority of these taxes will be received in future months as they become due. Other Local Taxes decreased 5.00% or $420,000. Sales tax declined 1.7% or $49,000 from the prior year, a reflection of the economic decline experienced in recent months. This trend is expected to continue as we move further into the fiscal year. Electric and water utility tax decreased due to timing differences. These decreases are partially offset by increases in cigarette and transient room taxes. The rates of both taxes increased in FY 02. Permits, Fees and Licenses are up $92,000 or 53.59% due to increases in rates charged for building, electrical and plumbing inspections as well as the establishment of new construction-related fees. H~norable Mayor and Members Rbdnoke City Council November 5, 2001 Page 3 Fines and Forfeitures are below prior year collections by 8.75% or $20,000. The decline is due to decreased collections of Circuit Court fines and a decline in parking ticket revenues. Revenue from Use of Money and Property decreased 7.81% or $22,000 due to lower interest income resulting from significantly lower short-term interest rates. Grants-in-Aid Commonwealth declined 9.05% or $503,000 due to a decline in reimbursement received from the State Compensation Board for shared expenses of the Sheriff. The billing for August 2001 was not made until October 1, while in the prior year the same billing was made during September. The State share of personal property tax also dropped slightly from the prior year, but the majority of these taxes will be received in future months as they become due. These decreases are partially offset by an increase in jail block grant revenue. Jail block grant revenues are up due to an increase in the number of state prisoners housed at the City Jail. Grants-in-Aid Federal Government decreased $8,600 due to timing differences in the receipt of revenue. Charges for Services dropped 8.46% or $60,000 due to decreased public safety billings and weed cutting and demolitions billings. Miscellaneous Revenue decreased $67,000 or 76.15%. An increase in the volume of used vehicles necessitated an earlier surplus sale in FY01. The fall surplus property sale was held in August in the prior year, but will be conducted later in the current fiscal year. Internal Services are down $80,000 or 34.53% due to decreased building maintenance billings and a timing difference in billings for airport fire safety. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 15.82% or $8,153,000 since FY01. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures are up $107,000 or 7.54%. Juvenile and Domestic Relations Court Services expenditures increased due to timing differences related to payments for housing children detained by the courts. Personal service expenditures of the Circuit Court have also increased due to additional law clerk positions which were established during September of FY01. Public Safety expenditures increased 7.31% or $842,000. Salary costs of the labor-intensive Police and Fire departments increased, as budgeted. Charges from the Department of Technology increased to Police and the E-911 Department. Workers' comp expenses also rose in the Public Safety category, and these often fluctuate from year to year based on the 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. Public Works expenditures have increased 5.00% or $408,000. Annual street paving costs are up due to more primary roads, which are more expensive to pave, being included in the contract. Parks and Grounds Maintenance expenditures increased due to the purchase of various park equipment. Facilities Maintenance expenditures increased due to library and courthouse renovation costs and repairs to two fire stations, Parks, Recreation and Cultural expenditures are up $73,000 or §.27%. Workers compensation costs are also up in this area, and fee recovery by the Recreation Department is below that of the prior year due to a timing in the posting of these recoveries. H~orable Mayor and Members Roanoke City Council November 5, 2001 Page 4 Community Development expenditures increased 45.97% or $450,000 due to the establishment of the Neighborhood Partnership department as part of the General Fund. This department was included in the Grant Fund in prior years. Contributions to the Roanoke Valley Convention and Visitors Bureau and the Hotel Roanoke Conference Center increased due to timing differences. Nondepartmental expenditures increased 195.35%'or $5,507,000. These expenditures have risen sharply on a year-to-date basis due to administrative efficiencies in the establishment and funding of CMERP projects in various funds of the City. 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. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/AHS Attachments CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY SEPTEMBER 30, 2001 Transfer Number Date General Fund: C MT-1863 07/30/01 CMT-532 08/09/01 CMT-533 08/09/01 CMT-1176 08/28/01 CMT-1177 08/31/01 Ex_=lanation From T~o 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 Jail Solid Waste Management Solid Waste Management Human Services Support Contingency* Amount Membership and Affiliations $ 5,000 Engineering 568 Building Maintenance 2,270 Hospitalization Program 995 Memberships and Affiliations Total General Fund 15,856 $ 24,689 Capital Pro_iects Fund: CMT-1180 09/05/01 Additional Project Expenses Available Contina_ency Balance of Contingency at July 1,2001 *Contingency Appropriations From Above Contingency Appropriations Through Budget Ordinances: BO 35515 08/20/01 Drug Prosecutor BO 35544 09/04/01 Zoning Inspector Positions Available Contingency at September 30, 2001 Broadway Street Bridge Contingency Contingency First Street Bridge Transfer to Grant Fund Transfer to Grant Fund $ 23,550 $ 23,550 $ 500,000 (15,856) (8,170) (80,996) 394,978 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Revised July 1 - Sept 30 July I - Sept 30 Percentage Revenue Revenue Source 2000-2001 2001-2002 of Change Estimates General Property Taxes $15,620,133 $13,974,031 (10.54) % $77,105,366 Other Local Taxes 8,398,110 7,978,012 (5.00) % 58,016,878 Permits, Fees and Licenses 170,828 262,378 53.59 % 957,150 Fines and Forfeitures 224,699 205,046 (8.75) % 1,014,600 Revenue from Use of Money and Property 284,597 262,359 (7.81) % 1,118,330 Grants-in-Aid Commonwealth 5,558,377 5,055,241 (9.05) % 46,402,072 Grants-in-Aid Federal Government 8,589 (100.00) % 34,300 Charges for Services 713,086 652,759 (8.46) % 3,888,997 Miscellaneous Revenue 88,425 21,093 (76.15) % 560,236 Internal Services 231,837 151,783 (34.53) % 2,330,692 Total $31,298,681 $28,562,702 (8.74) % $191,428,621 Percent of Revenue Estimate Received 18.12% 13.75% 27.41% 20.21% 23.46% 10.89% 16,78% 3,77% 6.51% 14.92% 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 - Sept 30 July I - Sept 30 Percentage Unencumbered Revised 2000-2001 2001-2002 of Change Balance Appropriations $3,093,744 1.30 % 1,521,810 7.54 % 12,365,458 7.31% 8,567,049 5.00 % 5,153,956 4.50 % 1,456,587 5.27 % 1,429,686 45.97 % 6,271,344 3.39 % 11,496,917 2.66 % 8,326,552 195.35 % $59,683,103 15.82 % $3,054,180 1,415,088 11,523,174 8,159,374 4,931,980 1,383,667 979,457 6,055,611 11,198,858 2,819,207 $51,530,596 $9,588,645 4,822,165 34,345,965 16,584,991 22,224,520 3,298,754 3,615,951 5,995,555 34,490,751 4,603,752 $139,571,049 $12,682,389 6,343,975 46,711,423 25,152,040 27,378,476 4,755,341 5,045,637 12,266,899 45,987,668 12,930,304 $199,254,152 Percent of Budget Obligated 24.39% 23.99% 26.47% 34.06% 18.82% 30.63% 28.34% 51.12% 25.00% 64.40% 29.95% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - Sept 30 July 1 - Sept 30 Percentage Revenue Source 2000-2001 2001-2002 of Change State Sales Tax $1,486,908 $1,491,224 0.29 Grants-in-Aid Commonwealth 8,933,705 8,285,478 (7.26) Grants-in-Aid Federal Government 22,934 16,909 (26.27) Charges for Services 253,059 245,946 (2.81) Transfer from General Fund 11,198,858 11,496,917 2.66 Special Purpose Grants 3,137,327 3,003,481 (4.27) Total $25,032,791 $24,539,955 (1.97) Current Fiscal Year Percentof Revised Revenue Revenue Estimate Estimates Received $9,492,986 15.71 41,656,787 19.89 115,390 14.65 1,971,820 12.47 45,987,668 25.00 3,004,939 NA $102,229,590 24.00 SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures 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 - Sept 30 2000-2001 $11,070,852 984,160 511,698 2,595,715 569,084 4,980,812 3,148,820 $23,861,141 July 1-Sept30 2001-2002 $11,441,357 915,664 520,350 2,006,852 1,031,486 5,193,508 3,004,939 $24,114,156 Current Fiscal Year Percentage Unencumbered Revised of Change Balance Appropdafions 3.35 % $63,212,537 $74,653,894 (6.96)% 2,927,050 3,842,714 1.69 % 3,367,496 3,887,846 Percent of Budget Obligated 15.33 23.83 13.38 % % % (22.69) % 8,349,613 81.25 % 14,798 4.27 % 1,413,993 (4.57) % - 1.06 % $79,285,487 10,356,465 1,046,284 6,607,501 3,004,939 $103,399,643 19.38 % 98.59 % 78.60 % NA 23.32 % 3 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 - Sept 30 July 1 - Sept 30 Percentage Revenue Estimate Revenue Source 2000-2001 2001-2002 of Change Estimates Received Grants-in-Aid Commonwealth $ - $ - - % $84,464 % Grants-in-Aid Federal Government 31,760 25,728 (18.99) % 2,891,594 0.89 % Charges for Services 84,407 208,067 146.50 % 1,545,256 13.46 % Total $116,167 $233,795 101.26 % $4,521,314 5.17 % SCHOOL FOOD SERVICE FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - Sept 30 July 1 - Sept 30 Percentage Unencumbered Revised Budget ExDenditures 2000-2001 2001-2902 of Change Balance ApproprialJons Obligated Food Services $622,967 $719,977 15.57 % $3,826,032 $4,546,009 15.84 Total $622,967 $719,977 15.57 % $3,826,032 $4,546,009 15.84 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 2001 General Govemment Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Storm Drains Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligeted Budget To Date Balance Encumbrances Balance $19,503,420 $12,542,855 $6,960,565 $1,898,447 $5,062,118 2,500,000 2,500,000 - 15,649,118 9,103,597 6,545,521 173,737 6,371,784 27,195,963 16,847,583 10,348,380 1,073,231 9,275,149 6,095,487 2,510,093 3,585,394 572,241 3,013,153 12,228,650 10,794,885 1,433,765 496,748 937,017 9,239,337 5,337,694 3,901,643 629,317 3,272,326 27,577,470 23,815,208 3,762,262 1,463,324 2,298,938 2,788,825 1,802,417 986,408 125,625 860,783 4,426,660 3,648,651 778,009 161,106 616,903 (903,948) (903,948) (903,948) $126,300,982 $88,902,983 $37,397,999 $6,593,776 $30,804,223 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF SEPTEMBER 30, 2001 Elementary Schools Renovation Middle Schools Renovation High Schools Renovation Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $14,053,675 $12,872,845 3,920,549 3,882,637 3,500,000 3,235,204 781,786 781,786 262,929 261,730 1,051,271 $1,180,830 $1,016,793 37,912 37,463 264,796 207,618 1,199 1,051,271 $23,570,210 $21,034,202 $2,536,008 $1,261,874 $164,037 449 57,178 1,199 1,051,271 $1,274,134 5 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 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 Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Carillon Health Systems - Land Sale Times-World Corporation - Land Sale Mill Mountain Visitors Center - Private Donations Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund Total Other Revenue Total FY 2O02 $181,702 6,313 177,931 365,946 10,143 16,176 26,319 375,000 100 375,100 5,047,517 5,047,517 $5,814,882 FY 2001 $499,531 244,432 743,963 230,692 230,692 36,055 1,260 37,315 2,060,246 2,900 12,600 100,000 2,175,746 $3,187,716 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 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 Miscellaneous Revenue Interest and Fiscal Charges Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY2002 $1,127,924 950,795 209,703 1,838 8,209 61,276 3,825 128,125 661,344 3,153,039 1,088,309 957,800 420,571 2,466,680 686,359 64,592 18,782 11,041 (258,438) (164,023) $522,336 FY 2001 $967 668 913 290 70 394 3 091 7 742 58 842 2564 84,155 797,598 2,905,344 1,051,935 729,071 423,174 2,204,180 701,164 114,845 14,372 5,538 (281,639) (2,900) (149,784) $551,380 7 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 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 Miscellaneous Revenue Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2002 $1,936,636 208,667 60,066 221,566 36,961 59,525 26,538 2,549,959 567,884 1,409,958 428,854 2,406,696 143,263 63,298 (189,894) 91 (126,505) $16,758 FY 2001 $1,955,929 218,624 60,003 225,536 36,738 99,433 7,055 2,603,318 501,909 1,301,359 296,825 2,100,093 503,225 100,406 (193,634) (12,600) (105,828) $397,397 8 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 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 Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2002 $57,097 26,567 50,200 23,412 4,810 4OO 15,135 17,383 456 81,156 5,496 282,112 395,692 369,604 125,036 890,332 (608,220) 7,471 169 7,640 ($600,580) FY 2001 $68,561 35,690 13,030 19,345 7,030 48,716 9,671 202,043 325,037 293,449 109,310 727,796 (525,753) 7,800 19,297 2,915 30,012 ($495,741) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 Operating Revenues Century Station Parking .Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots 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 Miscellaneous Net Nonoperating Revenue (Expenses) Net Income FY 2002 $95,484 109,557 57,115 115,503 90,715 31,210 499,584 166,920 136,755 303,675 195,909 32,000 3,393 (124,281) 359 (88,529) $107,380 FY 2001 $91,434 110,522 53,021 109,609 91,805 17,719 474,110 178,950 136,168 315,118 158,992 130,000 7,160 (130,437) 8,564 15,287 $174,279 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 3 MONTHS ENDING SEPTEMBER 30, 2001 Operating Revenues FY 2002 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 2001 Conference Center Total Operating Revenues $ 666,589 $ 666,589 $ 666,589 666,589 868,532 868,532 Operating Expenses Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 24,569 - 24,569 23,753 15,172 - 15,172 21,469 37,295 - 37,295 729 622,681 622,681 668,788 77,036 622,681 699,717 714,739 (77,036) 43,908 (33,128) 153,793 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 87,500 - 87,500 43,750 87,500 - 87,500 43,750 40,827 - 40,827 12,656 (4,299) (4,299) (9,430) Net Nonoperating Revenues (Expenses) Net Income Before Depreciation Depreciation Expense/Replacement Reserve 215,827 (4,299) 211,528 90,726 138,791 39,609 178,400 244,519 113,648 33,330 146,978 157,203 Netlncome $ 25,143 $ 6,279 $ 31,422 $ 87,316 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 3 MONTHS ENDING SEPTEMBER 30, 2001 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses TOTALS Department of Materials Fleet Risk Technology Control Management Management FY 2002 FY 2001 $1,042,420 $162,924 $1,026,945 $2,471,058 $4,703,347 $4,214,187 1,042,420 162,924 1,026,945 2,471,058 4,703,347 4,214,187 Personal Services 573,912 17,619 342,112 46,420 980,063 936,842 Operating Expenses 433,057 93,562 217,938 2,711,953 3,456,510 2,817,471 Depreciation 129,120 482,026 611,146 560,214 Total Operating Expenses 1,136,089 111,181 1,042,076 2,758,373 5,047,719 4,314,527 Operating Income (Loss) (93,669) 51,743 (15,131) (287,315) (344,372) (100,340) Nonoperating Revenues (Expenses) Interest Revenue Interest Expense Transfers To Other Funds Transfers From Other Funds Other Reven u e Net Nonoperating Revenues Net Income (Loss) 42,950 1,592 9,642 109,419 163,603 251,997 (3,818) (13,014) (16,832) - - (100,000) 2,371,623 421,820 2,793,443 - 10,184 10,184 - 2,420,939 1,592 418,448 109,419 2,950,398 151,997 $2,327,270 $53,335 $403,317 ($177,896) $2,606,026 $51,657 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED SEPTEMBER 30, 2001 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 SEPTEMBER 30, 2001. BALANCE AT BALANCE AT BALANCE AT FUND AUG 31, 2001 RECEIPTS DISBURSEMENTS SEPT 30, 2001 SEPT 30, 2000 GENERAL WATER SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS , CONFERENCE CENTER I RKE VALLEY DETENTION COMM DEBT SERVICE DEPT OF TECHNOLOGY MATERIALS CONTROL !MANAGEMENT SERVICES i FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE FDETC GRANT TOTAL ($1,450,411.19) $21,452,605.37 $16,657,811.03 $3,344,383.15 $5,522,341.96 6,027,338.74 360,912.21 304,978.42 6,083,272.53 6,432,509.95 6,733,165.86 1,574,342.69 1,443,760.40 6,863,748.15 6,475,463.14 1,134,782.35 77,599.66 285,851.38 926,530.63 915,821.291 75,983.11 162,281.35 80,646.67 157,617.79 310,732.71 35,135,395.69 127,265.49 1,769,597.03 33,493,064.15 46,134,407 77 4,420,084.50 68,239.69 9,109.61 4,479,214.58 773,283.72 4,751,100.65 176,563.02 607,662.63 4,320,001.04 4 096 620.55 I 13,251,135.96 26,207.82 1,730,861.25 11,546,482.53 10,821,302.55 4,412,996.20 191,101.47 146,874.37 4,457,223.30 4,129,874.14 178,627.82 95,247.40 48,461.77 225,413.45 32,892.49 185,313.98 0.00 185,313.98 0.00 250,109.30 (56,774.41) 595,419.48 113,392.68 425,252.39 570,758.31 (11,988,452.96) 13,026,284.55 12,571,786.11 (11,533,954.52) (10,915,907.48)i 11,939,225.92 907,622.00 701,137.85 12,145,710.07 11,406,367.37; 2,526,038.08 193,219.92 1,260,238.79 1,459,019.21 1,344,384.23" 9,744,114.91 5,773,686.38 2,715,371.80 12,802,429.49 11,951,289.39! (560,360.25) 0.00 501,642.42 (1,062,002.67) (2,326,804.29)1 54,699.11 121,741.80 89,598.92 86,841.99 (227,558.59)i 61,092.50 82,401.16 118,262.68 25,230.98 122,256.97 ' 781,957.24 148,611.23 327,805.47 . 6~0_2__,76__3.00 600,339.53 $87,357,053.81 $45,161,352.69 $41,670,165.26 $90,848,241.24 $98,420,485.01! 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 SEPTEMBER 30, 2001. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $65,797.69 2,866,645.02 637,000.0O 12,017,038.28 17,450,648.45 4,998,500.00 27,293,288.44 10,000,000.00 443,669.39 15,075,653.97 $90,848,241.24 DATE: OCTOBER 11,2001 DAVID C. ANDERSON, TREASURER 13 CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE 3 MONTHS ENDED SEPTEMBER 30, 2001 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 $756,208 (25,49O,84O) 488,676 (25,002,164) (91,963) (24,910,201) (24,153,993) (1) FY 2001 $951,027 2,595,634 946,054 3,541,688 (17,009) 3,558,697 4,509,724 (2) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions Net Increase (Decrease) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund balance September 30 $3,628,045 9,305 3,637,350 (27,791,343) 326,337,980 $298,546,637 $3,168,495 21,332 3,189,827 1,319,897 350,929,145 $352,249,042 (1) Reversal of accruals made at June 30, 2001 (2) Reversal of accruals made at June 30, 2000 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET SEPTEMBER 30, 2001 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2002 $1,458,869 298,284,750 4,836 5,434 $299,753,889 FY 2001 $1,338,199 351,963,016 6,659 5,097 $353,312,971 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 $1,206,330 922 1,207,252 326,337,980 (27,791,343) 298,546,637 $299,753,889 $1,063,745 184 1,063,929 350,929,145 1,319,897 352,249,042 $353,312,971 15 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk File #184 Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35637-110501 authorizing payment of supplementary compensation and restoration of certain benefits to employees called to active military duty. The abovereferenced measure was adopted by the Couqcil of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Kenneth S. Cronin, Director, Human Resources IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. NO. 35637-110501. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to employees called to active military duty. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who, between October 1,2001, and September 30, 2002, is called to active duty related to our country's war on terrorism a supplement equal to the difference between regular City salary and military base pay plus any other compensation received for such service. This supplement shall not be paid for any days that regular City salary must be paid to such employees. Employees shall provide the Department of Human Resources with the necessary documentation to establish their eligibility for the supplement. 2. Any City vacation or paid leave used by such employees during active duty related to our country's war on terrorism shall be restored. 3. Each such employee shall be deemed to have earned City vacation, paid and extended illness leave for the period of such active duty in the same manner as if such employee had remained in service with the City. 4. For each such employee who returns to service with the City within seven (7) working days of the conclusion of such active military duty, the City shall pay the City portion of the health and dental benefit premiums necessary to provide coverage for the employee effective upon the date of return to service with the City. ATTEST: City Clerk. RECEIVED CITY CLERKS 0FFl~)~ice"" of the City Manager October 18, 2~lffiT 11 PI2:19 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: Special Military Leave Pay Background: Military leave at full pay is limited to fifteen work days per federal fiscal year for employees of the City of Roanoke who are military reservists called to active duty. Special council action was taken in 1991 for the Desert Storm operation and in 1997 for the Bosnia effort to provide any difference between military reservists' pay and the current level with the City of Roanoke. There are thirty-five reservists in thirteen departments within the City of Roanoke full time employment. Recommended Action: Approve special policy to pay military reservists who are called to active duty and serve between October 1, 2001 and September 30, 2002 the difference between their military base pay (including any other related compensation received from the military) and pay with the City of Roanoke in their current job. This supplemental pay will be provided upon request and with necessary documentation to the department of human resources. City Manager v ~m DLB:bka c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Kenneth S. Cronin, Director of Human Resources CM01-00242 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 November 7, 2001 File #28-227 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35638-110501 authorizing the vacation of an easement on property identified as Official Tax Nos. 1011001, 1011002, 1011003, and 1011004 adjacent to Second Street, S. W., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Chip A. Harris, Project Director, The Roanoke Times, 201 West Campbell Avenue, Roanoke, Virginia 24010 James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35638-110501. AN ORDINANCE authorizing the vacation of an easement on property identified as Official Tax Map Nos. 1011001, 1011002, 1011003, and 1011004 adjacent to Second Street, SW, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on October 18, 2001, pursuant to {}{}15.2- 1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this proposed vacation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That the City Manager and City Clerk are authorized to execute and attest, respectively, in a form approved by the City Attorney, the necessary documents to vacate said easement upon the terms and conditions set forth in the letter to this Council dated October 18, 2001. 2. Pursuant to {}12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:~VIEASURES'o-vaceasementfime$. 1 RECEIVED CITY CLERKS OFFICE Office of the City Manager Oct~er ~, -2~0~ 4:00 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Abandonment of Permanent Utility Easement - Request of Times-World Corporation Dear Mayor Smith and Members of City Council: The Times-World Corporation, a subsidiary of Landmark Communications, Inc. has been publishing newspapers from its present location downtown since 1914. A major expansion was completed in 1984. A new production facility is proposed on property across Second Street. A request to abandon an easement across four parcels along Second Street, S.W. has been received from the Times-World Corporation. The parcels are identified by Tax Map Nos. 1011001, 1011002, 1011003, and 1011004. See Attachment #1 for plat. The subject easement was acquired as part of the Second Street/Gainsboro Road Project and is described as a permanent utility easement for C & P Telephone Company of Virginia and the City of Roanoke. As the successor to C & P, Verizon has agreed to abandon their rights to the easement. See Attachment #2. Engineering staff recommends that the subject easement be vacated. Recommended Action: Following a public hearing, authorize the vacation of the easement across the properties identified above, City Manager DLB/sef Attachments c: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Chip Harris, Roanoke Times CM01-00227 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 Attachment #1 10.15' ~5,22' J TO II ~"W N U/'45 / 5.21' 11 TO6 N~E 35,18' PORTION OF EXISTING RIGHT OF WAY OF SALEM AVENUE. BOUNDED BY CORNERS $ TO 11 TO6 TO5 TO$, AND CONTAINING 179 SO. FT. TO BE VACATED AND COMBINED FilTH EXISTING TAX PARCEL NOW OR FORMERLY PROPERTY OF ALLRIGHT REALTY COMPANY O.B. 1516, PG. 0318 TAX PARCELS 1011008, t01101~ AND pARCEL 1011003 pArCEL 1011004 IRON AT 3.25' ALLEY // (VARIABLE L//E/E~STING PUBUC UTIUTY EASEMENT ID.B, t7t8, PG. 598) BOUNDED BY CORNERS THROUG?'I 4 TO 10 TO 1, ANO CONTAINING 1,7,.71 SO. TO BE VACATED NOW OR FORklERL Y PROPERTY OF BUILDING CORPORA TION D.B. 1645, PG. t02I (PROPERTY ACOUIEITION} D.B. 1718. PR 597 (RIGHT OF tAX PARC~$1011001, 10tl002. 1011003, 1011004, AND 10It005 Bou~o~o BY CO~N~$ 1 THROUGH ~, INCLUSIVE, AND CONTAINING 0.4140 ACRES. NOTES: I, EYE SUBJECt' PROPERTY LIES tffEYIN ZONE ~X UNSHADED" OF THE ONE HUNDRED YEAR FLOOD PLAIN, AS SHOWN ON FEklA FLOOD INSURANCE RATE MAP (FIRM) NU~IBER 5t0t,30, PANEL 00460, ~'~c~v~ oATE OCrO~.R 15. ~. ~ls OrTER~I~A~ON Is BA~ ~ sago ~AP, ANO ~AS Nor ~ ~aO WI~ED. Z EYIS MAP ~AS PREPARED ~EYOUT THE BENEFIT OF A TITLE REPORT A UCENSED ATTORNEY. AS SUCH, THERE MAY' EXIST ENCUMBRANCES ' ~IAT AFFECT THE PROPERTY NO~' SHOWN HEREON. 3. EYIS MAP tS BASED ON A CURRENT FIELD SURVEY BY CALDWELL WHITE AS~OCtA TES~ RIGHT OF WA Y AND EASEMENT VACA 770N PLA T THE ROANOKE TIMES SHO~ffNG THE VACATION OF 179 SO, F~. OF PUBLIC RIGHT OF WAY OF SALEM AND THE VACATION OF AN EXISITN¢ 1,731 SO. FT. PUBUC UTIUTY EASEklENI' SITUATE THE SOUEYEAST CORNER OF THE INTERSECTION OF SALEM At~ENUE, ANO SECOND STREET, S, · CITY OF ROANOKE, ~RGINIA - CWA )ate: August 22. 2001 %oe,,* o~.~ CO'U~'tl~Y CL'U'~ ~0~ D~=,m: CL. N. fl.: · 0. No.: 01-0075 Attachment #2 Mr~ Prank B. Caldwell Caldwcll White Associatcs PO Box 6340 Romokr~ Virginia 2401'7 RE: VACTION OF UTILITY EA,qF. IvlENT SECOND ST., S. W. ROANOKE, VIRGINIA I would requ~t x sm'vcycd pia~ showing our under~p'mmd cables and thcir rcletionship to the 2aa Street p~pmy line fur our records before the quit claim can be signed. Pleue contact me f~ any additional aasistancg you may require. :~10-265-7567 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to vacate a utility easement on property identified as Tax Map Nos. 1011001, 1011002, 1011003 and 1011004, located on Second Street, S.W., in connection with the Times-World Corporation expansion. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Octoberl 8, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the oppommity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Friday, Octoberl2, 2001. GIVEN under my hand this 2nd day of October .,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on October 7,2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times RECEIVED CITY CLERKS OFF State of Virginia City of Roanoke I, (the undersigned) am authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this .... day of Octo~e~ ~001~ WL~ess my hand and official My~/~commission expires PUBLISHED ON: 10/07 TOTAL COST: 132.84 FILED ON: 10/10/01 Authorized /~ -- .-~;_ /~'~_ ~ Signature :__~~_~~1~ ~100T 12 P2 t~ vae~ a uti~y ea~m~m~: on Nos. 1011001, 1011~2, 1011003 ~nd 101100~, .1~ ~ S~ ~, S.W., In ~ ~ ~ Times-World Corporation S. W., Roe~ke, VIrWflll ~ ~ (~ ~2~ (~- Billing Services: Rep. resentative REFERENCE: 80023382 01772140 Times-World Corp. ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 CITY OF R OANO Office of the City Clerk Mary F. Parker, CMC City Clerk November 7, 2001 File #132 Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35639-110501 cancelling the work session meeting of the Council of the City of Roanoke scheduled for Monday, December 31, 2001, at 12:15 p.m. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35639-110501. A RESOLUTION cancelling the work session meeting of the Council of the City of Roanoke scheduled for Monday, December 31,2001, at 12:15 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The work session meeting of City Council scheduled to be held on Monday, December 31, 2001, at 12:15 p.m., is hereby CANCELLED. 2. Resolution No. 35454-070201, adopted July 2,2001, establishing the meeting schedule of City Council for FY 2001-2002 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 Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to December 31, 2001. ATTEST: City Clerk. H: \MEASURES\r- canmeet 12 3101.1 Legals Staff <legals@roanoke.com > 12/17/2001 09:05 AM To: Stephanie_Moon@ci.roanoke.va.us cc: Subject: Resolution No. 35639-110501 -Reply I got it Friday, and it was entered to run Dec. 18. The cost is $102.41 thank you, kim lin THE COUNCIL OF THEI ICITY OF ROANOKE, VIRGINIA, I The 5th day of November, 2001. No. 35639-110501. A RESOLUTION cancelling the work session meeting of the Council of the City of Roanoke scheduled for Monday, December 31, 2001, at 12:15 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The work session meeting of City Council scheduled to be held on Monday, December 31, 2001, at 12:15 p.m., is hereby CANCELLED. 2. Resolution No. 35454-070201, adopted July 2, 2001, establishing the meeting schedule of City Council for FY 2001-2002 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 Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to December 31, 2001. IATTEST: IMary F. Parker ICity Clerk (1814715) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35639-110501. A RESOLUTION cancelling the work session meeting of the Council of the City of Roanoke scheduled for Monday, December 31,2001, at 12:15 p.m. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The work session meeting of City Council scheduled to be held on Monday, December 31,2001, at 12:15 p.m., is hereby CANCELLED. 2. Resolution No. 35454-070201, adopted July 2,2001, establishing the meeting schedule of City Council for FY 2001-2002 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 Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to December 31, 2001. ATTEST: City Clerk. H: \MEASURES\r-canmeet 12 3101.1 Publish once in the Roanoke Times on Tuesday, December 18, 2001. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 Publish once in the Roanoke Tribune on Thursday, December 20, 2001. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ' RECEI%,_ED_ ................. ................................................. C~-y- C~Ri{S OFF/c[" MARY F. PARKER, CITY CLERK 215 CHURCH AVENUE, SW, ROOM 456 ROANOKE VA 24011 REFERENCE: 80000809 01814715 cancelling work seas State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this day of DecemberS001..Wit~ss ~ hand and official seal.__~__ _~_~_ _, Notary Public My commission expires ~~ .~J~~~_ . PUBLISHED ON: 12/18 TOTAL COST: 102.41 FILED ON: 12/19/01 DEC3! P4:33 The Slit day of November,' A EESOI.LmO~I canceffl~ the Cound~ of the C~ .of R/mnoke ~ IT RESOLVED by the Council 200~, ~t 22:~K p.m., Is hereby 2, ResoluUon No. 35454- 07020~., ~ July 2, ®stabllshln~ the meetlnff Authorized Signature: , Billing Services Representative 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 November 7, 2001 File #227-514 STEPHANIE M. MOON Deputy City Clerk Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: I am enclosing copy of Ordinance No. 35640-110501 permanently vacating, discontinuing and closing that portion of Salem Avenue, S. W., near its intersection with Second Street, being approximately five feet wide and 35 feet long, lying on the south side of Salem Avenue, as shown on the "Right of Way Easement and Vacation Plat for The Ro~tnoke Times," prepared by Caldwell White Associates, and dated August 22, 2001, and dispensing with the second reading of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 5, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator H:~.genda.01'uNovember 5, 2001 correspondance.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2001. No. 35640-110501. AN ORDINANCE permanently vacating, discontinuing and closing certain public tight-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, the Times World Corporation, filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on October 18,2001, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public tight-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of Salem Avenue, S. W., near its intersection with Second Street, S. W., being approximately five (5) feet wide and thirty-five (35) feet long, lying on the south side of Salem Avenue, S. W., and being shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by Caldwell White Associates, and dated August 22, 2001. be, and is hereby permanently vacated, discontinued and closed, and that all fight and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such fight to include the fight to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which 2 impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the subject portion of right-of-way be purchased and paid for by the applicant for $3,000.00 (Three Thousand Dollars and No Cents). BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the moving of the fire hydrant referred to in the Commission's report dated October 18,2001, to this Council, if required by this closure, be done at the expense of the applicant within twelve (12) months of the date of the adoption of this ordinance. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. N:\CAPS\ORDINANCES~-scsalemavetu'a~ - A.wpd 4 ~CHARTERED 1882~ Roanoke City Department of .P~r~ing Building and Develo~ftrent Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia October 18, 2001 Dear Members of Council: Subject: Request from Times World Corporation to close a portion of Salem Avenue, S.W., near its intersection with Second Street, S.W., being approximately five (5) feet wide and thirty-five (35) feet long, lying on the south side of Salem Avenue, S.W., and being shown on the Right-of-way Easement and Vacation Plat for The Roanoke Times, prepared by Caldwell White Associates, and dated August 22, 2001. Planning Commission Action: The Planning Commission considered this street closure request at their afternoon meeting on October 18, 2001. By a vote of 7-0 (Messrs. Butler, Campbell, Manetta,' Dowe, Hill, Rife, and Chrisman voting in favor or the motion), the Commission recommended approval of the closure request, with the added condition that the applicant bear the cost of relocating the existing fire hydrant and traffic signal cabinet, if deemed necessary. The Commission also recommended that Council sell such right- of-way at or near fair market value. Mr. Dan Layman, Attorney for the petitioner, discussed the street closure request. No one spoke in opposition to the request. Background: The Petitioner requests closure of a portion of a right-of-way that currently lies in an existing parking lot. It is adjacent to, but does not include any portion of, the existing City sidewalk. The Petitioner owns all of the parcels adjoining the right-of-way to the south and east. The closure is requested to provide a sufficient land area for a new printing facility for The Roanoke Times. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: All of the adjoining properties are zoned C-3, Central Business District. An office building lies adjacent to the alley to the south of the Petitioner's properties. The present Times facility lies to the west and northwest of the right-of-way. On the northern side of Salem Avenue a parking lot lies at the corner of 2nd Street and Salem Avenue. Also on the northern side of Salem Avenue lie two church offices and two commercial uses. To the east of the right-of-way lies a former auto repair shop, which is located on Tax Map Number 1011005, and will be razed by the Petitioner. A drainage inlet, a fire hydrant, and a traffic signal cabinet are located in the right-of- way. Staff received comments from the City's Engineer that the fire hydrant and drainage inlet would need to be relocated by the Petitioner in order to vacate the right- of-way. Relocation of the traffic signal cabinet will be considered during development plan review. It is expected that relocation of the cabinet also will be needed in order to position the cabinet at the same elevation as the sidewalk to alleviate any future accessibility problems. Staff received comments from Verizon and Roanoke Gas. Verizon stated no objection to the closure, but noted that it has three telephone manholes nearby on Salem Avenue. These manholes are not in the said right-of-way and closure of the right-of-way will not limit access to the manholes. Roanoke Gas stated no objection to the closure. It has a gas line that connects at 2nd Street and Salem Avenue. Neither the gas line nor access to it lies in the right-of-way. In conjunction with this petition, the Petitioner has requested that a public utility easement, which adjoins the right-of-way and spans north to south across Tax Map Numbers 1011004, 1011003, 1011002, and 1011001, be vacated by City Council. As there are no utilities in this easement, there is no impact upon the request for the closure of the right-of-way. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase the vacated right-of-way as a condition of the vacation. Under such an arrangement, the price may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Director of Real Estate Valuation has indicated that the value for this portion of the right-of-way is estimated to be approximately $2,685 to $3,222, based on a value of $15 - $18 per square foot. Typical conditions for right-of-way closures are as follows: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Do If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Recommendation: Planning Commission recommended that City Council approve the street closure request subject to the conditions A-D, as set forth above, and including the following: The existing fire hydrant and traffic signal cabinet, located in the right-of- way, shall be relocated, if necessary, at the expense of the petitioner. In addition, the Commission recommended that City Council purchase the vacated right- of-way for fair market value. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC; Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Daniel F. Layman, Jr., Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: VACATION OF A PORTION OF SALEM ) AVENUE, S.W., NEAR ITS INTERSECTION ) WITH SECOND STREET, S.W., iN THE ) CITY OF ROANOKE, VIRGINIA ) Application of Times-World Corporation TO: The Honorable Mayor and Members of City Council (1) Times-World Corporation ("Petitioner") applies to have a small portion of Salem Avenue, S. W~ near its intersection with Second Street, S.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The street portion to be closed is approximately five (5) feet wide and thirty-five (35) feet long and lies along the south side of Salem Avenue, S.W. This portion of the street is shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times" made by Caldwell White Associates dated August 22, 2001, a copy of which is attached to this Application as Exhibit A. (2) Petitioner is the owner of the parcel of land adjacent to this portion of Salem Avenue, identified by City of Roanoke Official Tax No. 1011001, which it recently acquired from Crystal Tower Building Corporation. Petitioner desires to construct on this and other adjoining parcels a new printing press facility, which project requires for its completion inclusion of the portion of the street whiCh is the subject of this petition. RKE# 0710904.WPD C/M: 091600-00000-01 (3) Petitioner is the sole owner of the property bordered by this street portion. Petitioner believes that no inconvenience to the public or to any landowner will result from the closing hereby requested. WHEREFORE, Times-World Corporation respectfully requests that the ab°ve-described portion of Salem Avenue, S.W., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: ~'-//- ~ Woods, Rogers & Hazlegrove, 'P.L.C. P. O.-Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner Respectfully, TIMES-WORLD CORPORATION Its /:::)r- ~j RKE# 0710904.WPD C/M: 091600-00000-01 2 .JTO! JrO$ iV 8}50'J0" E N 8lSO'JO" E 10.15' JS. 22' N"07'45'17' W N ~274'4~ E 5.21' JS. I$' POR170N OF EXIS17N¢ mGHT OF WI, Y OF SALEM AVENUE, S.W. (D.B. 1718, PG.. $97,) BOUNDED BY CORNERS J TO 11 TO 6 TO$ TOJ, AND CON FAINING 179 SQ. FT. TO BE VACATED AND COMB/NED ~;TH EXI$ITN¢ TAX PARCEL 101100I NOW OR FORMERLY PROPERTY OF ALLRIGHT REAL TY COMPANY O.B. 1516, PG. OJl8 TAX PARCELS 1011008, lOllOlJ, AND 101101.5 SALEM AVENUE, S. ~ (60' ~oTH) 6 TO 7 Q N 82''~T43' E CHISELED .5 TO ~ : 0.06' O~.-UNE/ I 4.96' 7.'~..'..:' PA,~C~ i01100i ;111:'7;:111' ............. ...... i: " I.~..T PA~C~ t011005 , Z:":'.:' · ~ ~£~ ' " ?'AY PARC~J. 101 · ;~:( PARC~ i01 I(7(74 --S 8J'47'18" 14f 9 TO I ALLEY NOW OR FORMERLY · (VARIABLE ~O TH,) PROPERTY OF CRYSTAL TOWER BUILDING CORPORA TION 0.8. 1645, PG. I021 (PROPERTY ACQUISlliON,) D.B. 1718, PG. 597 (RIGHT OF WAY OEDICAIION) TAX PARCELS 101100I, 1011002, 1011005, ,OllOO,~. AND ,OllOO~ BOUNDED BY CORNERS I THROUGH ~, INCLUSIVE, AND CONTAINING O. 4140 ACRES. PUBLIC UIILITY EASE,lENT (D.B. I~1B. PG. ~ga) BOUNDED BY CORNERS I THROUGH 4 TO 10 TO 1, AND CONTAINING 1,7Jl SQ. FT. TO BE VACATED NOTES: AuguM 22, 200I Scale: 1"- JO' lax Parcel(s): I011001-IOII00,~ I. THE SUBJECT PROPERTY LIES ~ITHIN ZONE '.X UNSHADED' OF THE ONE HUNDREO YEAR FLOOD PLAIN, AS SHOWN ON FEMA ~.1~%tt EFFECIIVE DATE OCTOBER 15, lg9I ii-IlS OETERMINA~ .......... FLOOD INSURANCE RATE MAP (FIRM,) NUMBER $10lJO PANEl. 00460, ON SAID MAP, AND HAS NOT BEEN'FIELD VERIFIED.''''v'' 'Q t~cu ~ 2. THIS MAP WAS PREPARED ~THOUT D'E BENERT OF A lilLE REPORT B A LICENSED ATTORNEY. AS SUCH, THERE MA Y EXIST ENCUMBRANCES nol ~, , THAT AFFECT THE PROPERTY NOT SHOWN HEREON. --~1 ,~l/~ O/ RIGHT OF WA Y AND EASEMENT VACA 170N PLAT FOR THE ROANOKE TIMES SHO~ffNC THE VACAIiON OF 179 SO. FT. OF PUBLIC RIGHT OF WAY OF SALEM AVENUE. S.W., AND THE VACAliON OF AN EXISITNG 1,751 SO. FE PUBLIC UllLITY EASEMENT SllTJATE THE SOUTHEAST CORNER OF THE INTERSECllON OF SALEM AVENUE. AND SECOND SIREET, CITY OF ROANOKE. WRGINIA RoAi',,roIIz, ',"IROINLt 2401"~ Ca/a: Ct. I~Itlt~ Ora~m: CL. Ii'aRe Ch~k~t.. F..$. Caldwwll, #1 I~.0. No.: 01-0075 Portion of Right of Way 3-109-1-2 ...... '. 1011021 1011~ 10 1022 N October 9, 2001 File #514 Daniel F. Layman, Attorney Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038 Dear Mr. Layman: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request of Times World Corporation that a portion of Salem Avenue, S. W., near its intersection with Second Street, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. A copy of the City Planning Commission report will be forwarded at a later date. It will be necessary for you, or your representative, to be present at the October 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, MFP:mh Mary F. Parker, CMC City Clerk Enclosure 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-I 145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. Moon Deputy City Clerk September 20, 2001 File #514 D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 30-14, prOcedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on September 12, 2001, from Daniel F. Layman, Attorney, representing the Times-World Corporation, requesting that a portion of Salem Avenue, S. W., near its intersection with Second Street, be permanently vacated, discontinued and closed. Sincerely, cM~yrYc~;r~a rke r, CMC MFP:sm Enclosures D. Kent Chrisman September 20, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney J: Thomas Tasselli, Development Review Coordinator VIRGINIA: RECEIVED CITY CLERKS OFFICE IN THE COUNCIL OF THE CITY OF ROANOKE~j ~[rp 12 P12:05 In re: VACATION OF A PORTION OF SALEM ) AVENUE, S.W., NEAR ITS INTERSECTION ) WITH SECOND STREET, S.W., IN THE ) CITY OF ROANOKE, VIRGINIA ) Application of Times-World Corporation TO: The Honorable Mayor and Members of City Council (1) Times-World Corporation ("Petitioner") applies to have a small portion of Salem Avenue, S. W. near its intersection with Second Street, S.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The street portion to be closed is approximately five (5) feet wide and thirty-five (35) feet long and lies along the south side of Salem Avenue, S.W. This portion of the street is shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times" made by Caldwell White Associates dated August 22, 2001, a copy of which is attached to this Application as Exhibit A. (2) Petitioner is the owner of the parcel of land adjacent to this portion of Salem Avenue, identified by City of Roanoke Official Tax No. 1011001, which it recently acquired from Crystal Tower Building Corporation. Petitioner desires to construct on this and other adjoining parcels a new printing press facility, which project requires for its completion inclusion of the portion of the street which is the subject of this petition. RKE# 0710904.WPD C/M: 091600-00000-01 (3) Petitioner is the sole owner of the property bordered by this street portion. Petitioner believes that no inconvenience to the public or to any landowner will result from the closing hereby requested. WHEREFORE, Times-World Corporation respectfully requests that the above-described portion of Salem Avenue, S.W., be vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner Respectfully, TIMES-WORLD CORPORATION Its Pr-oj RKE# 0710904.WPD C/M: 091600-00000-01 2 !0. I5' ,.75.22' 5.21' ,35.18' PORTION OF EXISTING RIGHT OF W,4 Y OF SALEM A VENUE, S. I~. (D.B. 1718, PG. 597) BOUNDED BY CORNERS NOW OR FORMERLY PROPERTY OF ALLRIGHT REAL TY COblPANY D.B. 1516, PG. 0718 TAX PARCELS 1011008, 1011015, AND 1011015 3 TO 11 TO6 TO5 TO3, AND CONTAINING 179 SQ. FT. SALEM A,V~.,,~UE, S. I~. l'k/TH,-:-,"E ~5 ~ ~ )~r2~ (5~ J 08'09'30' l¢ AT 3.25 TO BE VACATED AND COMBINED ALLEY E~XlS ~N (VARIABLE WIDTH) G PUBLIC UTILITY EASEMENT D.B. (D.B. 1718, PG. 598) D.B. 1718, PG. 597 (RIGHT OF WAY OEDICATIOI~ BOUNDED BY CORNERS I THROUGH 4 TO 10 TO 1, AND CONTAINING 1,751 SQ. FT. TO BE VACATED NO l~S: PROPERTY OF CRYSTAL TOHCR BUILDING CORPORA TION 1645, PG. 1021 (PROPERTY ACOUISITION) TAX PARCELS 1011001, 1011002, 1011003,\ 1011004, AND 1011005 BOUNDED BY CORNERS I THROUGH 9, INCLUSIVE, AND CONTAINING 0.4140 ACRES. 1. THE SUBJECT PROPERTY LIES WITHIN ZONE 'X UNSHADED" OF THE ONE HUNDRED YEAR FLOOD PLAIN, 'AS SHOI4'fV ON FEMA FLOOD INSURANCE RATE MAP (FIRM) NUMBER 510130, PANEL 0046D, EFFECTIVE DA TE OCTOBER 15, 1993. THIS DETERMINATION IS BASED ON SAID MAP, AND HAS NOT BEEN FIELD VERIFIED. A LICENSED ATTORNEY. AS SUCH, THERE MA Y EXIST ENCUMBRANCES --'"- - No ~ THAT AFFECT THE PROPERTY NOT SHOi4~l HEREON. J. THIS MAP IS BASED ON A CURRENT FIELD SURVEY BY CALDWELL WHITE ASSOCIATES. RIGHT OF ICA Y AND EASEMENT VACATION FOR THE ROANOKE TIMES SHOIk1NG THE VACAtiON OF 179 SQ. FT. OF PUBLIC RIGHT OF WAY OF SALEM AVENUE, S.W., AND THE VACATION OF AN EXlSlTNG 1, 771 SQ. FT. PUBLIC UTILITY EASEMENT SITUATE THE SOUTHEAST CORNER OF THE INTERSEC77,0N OF SALEM AVENUE, S.W. AND SECOND STREET, S.W. CITY OF ROANOKE, VIRGINIA Date: Augusf 22, 2001 Scale: 1' = JO' j Tax Parcel(s):~ 1011001-1011005 CALDWELL VVrHITE ASSOCIATES ENGINEERS / SURVEYORS / PL&NNERS 1054 OLD COUNTRY CLUB ROAD P.O. BOX ~340 R0.A. NO~''W:, ~ROIN~ 24017 (540) 342--70~4 F~: (540) Ca/c.: CL. #fllte Drawn: CL. FibRe Checked: EB. Ca/dwell, III N.B.: ~fE$-12 W.O. No.: 01-0078 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Planning Commission of the City of Roanoke will hold a public hearing on Thursday, October 18, 2001, at 1:30 p.m., or as soon thereafter as the matter may be heard, on the Second Floor, Roanoke Higher Education Center, at 108 North Jefferson Street, on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: A portion of Salem Avenue, S. W., near its intersection with Second Street, S. W., being approximately five (5) feet wide and thirty-five (35) feet long, lying on the south side of Salem Avenue, S. W., and being shown on the"Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by Caldwell White Associates, and dated August 22, 2001. The Council of the City of Roanoke will hold a public heating on Thursday, October 18, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: A portion of Salem Avenue, S. W., near its intersection with Second Street, S. W., being approximately five (5) feet wide and thirty-five (35) feet long, lying on the south side of Salem Avenue, S. W., and being shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times," prepared by Caldwell White Associates, and dated August 22, 2001. Copies of the proposal to be considered by the Planning Commission and City Council are available for review in the Office of the City Clerk, Room 456, located in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Any questions about the proposed right-of-way closing should be directed to the Department of Planning Building and Development (540) 853-1730. If you are a person with a disability who needs accommodations for the Planning Commission hearing, please contact the Department of Planning Building and Development (853- 1730) by Monday, October 15, 2001. If you are a person with a disability who needs accommodations for the City Council hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Friday, October 12, 2001. Citizens of the City shall be given an opportunity to appear and be heard by the Planning Commission and City Council on the subject of the proposed right-of-way closing. HAAM1SC~n-scsalemavenuetimes. 1 GIVEN under our hands this 26th day of September ,2001. Martha P. Franklin, Secretary, Planning Commission Mary F. Parker, City Clerk Note to Publisher: Please publish twice in The Roanoke Times on Friday, September 28,2001, and Friday, October 5, 2001. Send Publisher's Affidavit and Bill to the following individuals: Mary F. Parker, City Clerk Room 456 Noel C. Taylor Munic 215 Church Avenue, ! Roanoke, Virginia 2z Martha P. Franklin, Secretary, Planning Commission Room166 Noel C. Taylor Municipal Building .~venue, S.W. ~rginia 24011 H:'~AMI SC~n-scsal cmavcnuctimcs. 1 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 fifth day of November, 2001, WILLIAM H. CARDER was appointed as a member of the Roanoke Valley-Alleghany Regional Commission to fill the unexpired term of Donald S. Caldwell, resigned, ending June 30, 2003. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. 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 fifth day of November, 2001, COURTNEY A. PENN was appointed as a member of the Roanoke Arts Commission to fill the unexpired term of Sherlie Doherty, resigned, ending June 30, 2003. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. 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 fifth day of November, 2001, WILLIAM D. POE was appointed as a member of the Board of Zoning Appeals to fill the unexpired term of Willard G. Light, resigned, ending December 31,2002. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. City Clerk H:~Agenda.01XaNovember 5, 2001 cotrespondance.wpd 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 fifth day of November, 2001, STUART G. BOBLETT, III, was appointed as a member of the Roanoke Civic Center Commission to fill the unexpired term of Edward L. Lambert, deceased, ending September 30, 2003. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. 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 fifth day of November, 2001, ALISON S. BLANTON was reappointed as a member of the Architectural Review Board for a term ending October 1,2005. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. City Clerk H:",Agenda. Ol'xNovember 5, 2001 correspondance.wpd 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 fifth day of November, 2001, JAMES SCHLUETER was appointed as a member of the Architectural Review Board for a term ending October 1, 2005. Given under my hand and the Seal of the City of Roanoke this seventh day of November, 2001. City Clerk NOU-O1-2001 09:48 ROANOKE CITY MANAGER 15408511138 P.02/03 PRESS RELEASE For Immediate Release November 1, 2001 Contact: Khonda Wilson Phone: 9 i 6/932-1321 E-Mail: rwilson~ce~terdlgitalgov.com Honolulu Ranks No. 1 in Nation's First Digital Cities Survey Folsom, Calif. - The Aloha State is making waves in the e-government arena. Hawaii's capitol city, Honolulu, was just ranked No. I in the nation's first study on digital tecknology in city government, the Digital Cities Survey. Conducted by the Center for Digital Government ~t~lerranent Technology magazine, thc survey examined how well cities a~e using information technology to deliver servicer to their citizens. Launched in July, the survey grouped cities into three categories based on population: More than 250,000; 125,000-250,000; and 75,000-125,000. Over 300 city government offices were invited to participate in the survey. Mayors and chief information officers responded to a set of 17 questions that were developed after months of preparation and input from recognized local government IT experts. Sponsored by TekInsight, the Digital Cities Survey examined which municipal services are online, what forms are available electronically, what information is offered to the public and whether the public can send online feedback to oily officials. Cities also were asked about their IT management structure - specifically, if there is ag. executive IT position that oversees technology policies and operations. In addition, the survey explored how municipal law enforcement uses technology and what role GIS plays in those efforts. Officials were also asked to describe technology solutions they have developed. "The survey revealed some exs;iting applications and a genuine desire to deliver local government services to citizens," said Cathilea Robinett, executive director of the Cemer for Digital Government. "We are anxious to support these local digital leaders by highlighting their significant accomplishments." Honolulu's accomplishments axe laced throughout city operations. The mayor, department heads and city council members communicate with constituents using e-mail. The city Web site, www.co.honolulu.hi.us, ofibrs a host of online forms, including applications for city employment and certain permits. In addition, Honolulu developed a "storefront" operation that brings city government to people who cannot come to City Hall. Located throughout the city's 608 square miles, these Satellite City Halls are a mixture of traditional American ingenuity and new-era technology. "Three years ago it seemed obvious to me that we needed to find a better wa)' to serve our customers," said Honolulu Mayor Jeremy Harris. "My challenge was to create an 'electric city.' A place where people could do their city business from any computer in the world. I am very proud of this award because it recognizes the innovation and dedication of some very fine people in our information teetmology department. To go where we were three years ago to the Web sitc we have now is a testament to our city's CIO [Courmey Harrington] and his staff. When the technology did not exist for what they wanted NOU-O1-2001 09:48 ROANOKE CITY MRN~GER 15408511118 P.0]/0] to do, they didn't let that stop them. They invented the technology. With limited resources, they have always found a way to meet the challenge. There is no doubt in my mind that Honolulu has one of the finest IT departments in the nation, and it pleases me to see them get the recognition they deserve." Round/rig om the top five behind Honolulu in the 250,000 and more category are Chicago, New York City, Seattle, Colorado Springs and Houston. In the population range of 125,000-250,000, Piano, Texas, captured first-place followed by Des Moines, Iowa, Mobile, Ala., Hampton, Va., and Salt Lake City. Piano City Manager Tom Muehlenbeck credits this win to years of hard work by city employees. "We ate extremely pleased to receive this award and to be recognized by the Center for Digital Government," he said. "This award recognizes the last several years of outstanding work by our city employees to seek out and take advantage o'f technology. We have implemented a number of technology solutions that have given us tremendous paybacks. It's an exciting time for Plano." Roanoke, va_, earned the first-place spot in the 75,000-125,000-population range. Boulder, Colo., came in second followed by Cedar Rapids, Iowa, Costa Mesa, Calif., and Bellevue, Wash~ For more information on the Digital Cities Survey, contact Rhonda Wilson, communications director, at 916/932-1321 or visit www.centerdigitalgov.com TOTRL P.O] RECE!¥ED CITY CLERKS eFFICE Office of the City Manager '01 NOV-1 P3:20 November 5, 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: Street Closure Request for Roanoke Times At Council's public headng on October 18, 2001, the request for closing and vacating a portion of public right-of-way near the intersection of Salem Avenue and Second Street, S. W. for the Roanoke Times did not have enough votes to pass, as the ordinance dispensed with the second reading. Five affirmative votes were required for it to pass and Council's vote was 4-3 with Messrs. Bestpitch, Carder, Hards, and Smith voting in favor of the closure and Messrs. White, Hudson, and Mrs. Wyatt voting in opposition. Because of the confusion surrounding this matter at Council's hearing, I wanted to make Council members aware of further discussion with the City Attorney regarding this matter. Mr. Hackworth has advised that if Council would like to reconsider this matter, it may do so by having one of the four members who voted in the majority request that it be re-considered at your next Council meeting on November 5, 2001. If the ordinance is considered with no second reading required (effective ten days after enactment), favorable action on the closure would require at least five affirmative votes; if the ordinance is considered for two readings, it would only require four votes to pass. Mr. Hackworth has advised that no additional public hearing is required for Council to act on this item, as a headng was held on October 18, 2001, and public comments were received. To assist Council members in this matter, I am attaching to this letter, a copy of the Planning Commission's report regarding this street closure request. However, please be advised that since the Commission's consideration of this request, the matter of relocating the traffic signal cabinet has been resolved and at the present time, it is not expected that it will need to be relocated. It is still expected that the fire hydrant will need to be relocated. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 85,3-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us An ordinance has been prepared for your consideration that reflects the Planning Commission's recommendation to close the right-of-way, move the fire hydrant at the expense of the petitioner, and sell the right-of-way at a fair market value. C: Please let me know if you have any questions. Sincerely, Darlene L. ~ City Manager JMary F. Parker, City Clerk William M. Hackworth, City Attorney Jim Grisso, Director of Finance Rolanda Johnson, Assistant City Manager for Community Development George C Snead, Assistant City Manger for Operations Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. RECEIVED Roanoke. Virginia 24011 CITY CLERKS OFF,ICE (540) 853-1730 (Fax) 853-1230 Email: planning@ci.roanoke.va.us '01 NOV-1 ~,10:29 November 5, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Times World Corporation to close a portion of Salem Avenue, S.W., near its intersection with Second Street, S.W., being approximately five (5) feet wide and thirty-five (35) feet long, lying on the south side of Salem Avenue, S.W., and being shown on the Right-of-way Easement and Vacation Plat for The Roanoke Times, prepared by Caldwell White Associates, and dated August 22, 2001. Planning Commission Action: The Planning Commission considered this street closure request at their afternoon meeting on October 18, 2001. By a vote of 7-0 (Messrs. Butler, Campbell, Manetta, Dowe, Hill, Rife, and Chrisman voting in favor or the motion), the Commission recommended approval of the closure request, with the added condition that the applicant bear the cost of relocating the existing fire hydrant and traffic signal cabinet, if deemed necessary. The Commission also recommended that Council sell such right- of-way at or near fair market value. Mr. Dan Layman, Attorney for the petitioner, discussed the street closure request. No one spoke in opposition to the request. Background: The Petitioner requests closure of a portion of a right-of-way that currently lies in an existing parking lot. It is adjacent to, but does not include any portion of, the existing City sidewalk. The Petitioner owns all of the parcels adjoining the right-of-way to the south and east. The closure is requested to provide a sufficient land area for a new printing facility for The Roanoke Times. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: All of the adjoining properties are zoned C-3, Central Business District. An office building lies adjacent to the alley to the south of the Petitioner's properties. The present Times facility lies to the west and northwest of the right-of-way. On the northern side of Salem Avenue a parking lot lies at the corner of 2nd Street and Salem Avenue. Also on the northern side of Salem Avenue lie two church offices and two commercial uses. To the east of the right-of-way lies a former auto repair shop, which is located on Tax Map Number 1011005, and will be razed by the Petitioner. A drainage inlet, a fire hydrant, and a traffic signal cabinet are located in the right-of- way. Staff received comments from the City's Engineer that the fire hydrant and drainage inlet would need to be relocated by the Petitioner in order to vacate the right- of-way. Relocation of the traffic signal cabinet will be considered during development plan review. Staff received comments from Verizon and Roanoke Gas. Verizon stated no objection to the closure, but noted that it has three telephone manholes nearby on Salem Avenue. These manholes are not in the said right-of-way and closure of the right-of-way will not limit access to the manholes. Roanoke Gas stated no objection to the closure. It has a gas line that connects at 2nd Street and Salem Avenue. Neither the gas line nor access to it lies in the right-of-way. In conjunction with this petition, the Petitioner has requested that a public utility easement, which adjoins the right-of-way and spans north to south across Tax Map Numbers 1011004, 1011003, 1011002, and 1011001, be vacated by City Council. As there are no utilities in this easement, there is no impact upon the request for the closure of the right-of-way. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.2-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase the vacated right-of-way as a condition of the vacation. Under such an arrangement, the price may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Director of Real Estate Valuation has indicated that the value for this portion of the right-of-way is estimated to be approximately $2,685 to $3,222, based on a value of $15 - $18 per square foot. Typical conditions for right-of-way closures are as follows: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Do If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Recommendation: Planning Commission recommends that City Council approve the street closure request subject to the conditions A-D, as set forth above, and including the following: The existing fire hydrant and traffic signal cabinet, located in the right-of- way, shall be relocated, if necessary, at the expense of the petitioner. In addition, the Commission recommended that City Council purchase the vacated right- of-way for fair market value. Since the Commission's meeting, I understand that the relocation of the traffic signal cabinet has been resolved and that at the present time, relocation is not necessary. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC; Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Daniel F. Layman, Jr., Attorney for the Petitioner VIRGINIA: RECEIVED CITY CLERKS OFF)CE IN THE COUNCIL OF THE CiTY OF ROANOKE '01 In re: VACATION OF A PORTION OF SALEM ) AVENUE, S.W., NEAR ITS INTERSECTION ) WITH SECOND STREET, S.W., IN THE ) CITY OF ROANOKE, VIRGINIA ) Application of Times-World Corporation TO: The Honorable Mayor and Members of City Council (1) Times-World Corporation ("Petitioner") applies to have a small portion of Salem Avenue, S. W. near its intersection with Second Street, S.W., in the City of Roanoke, Virginia, permanently vacated, discontinued, and closed pursuant to Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke (1979), both as amended. The street portion to be closed is approximately five (5) feet wide and thirty-five (35) feet long and lies along the south side of Salem Avenue, S.W. This portion of the street is shown on the "Right of Way Easement and Vacation Plat for The Roanoke Times" made by Caldwell White Associates dated August 22, 2001, a copy of which is attached to this Application as Exhibit A. (2) Petitioner is the owner of the parcel of land adjacent to this portion of Salem Avenue, identified by City of Roanoke Official Tax No. 1011001, which it recently acquired from Crystal Tower Building Corporation. Petitioner desires to construct on this and other adjoining parcels a new printing press facility, which project requires for its completion inclusion of the portion of the street which is the subject of this petition. RKE# 0710904.W~D C/M: 091600-00000-01 (3) Petitioner is the sole owner of the property bordered by this street portion. Petitioner believes that no inconvenience to the public or to any landowner will result from the closing hereby requested. WHEREFORE, Times-World Corporation respectfully requests that the above-described portion of Salem Avenue, S.W., be vacated, discontinued and closed by the Council of the Ci~~ of Roanoke in accordance with Section 15.2-2006, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. Date: Daniel F. Layman, J Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038 (703) 983-7653 Counsel for Petitioner Respectfully, TIMES-WORLD CORPORATION Its/9r~ ~.c.-f-.Dj',-ec..-/--o~' RKE# 0710904.WPD C/M: 091600-00000-01 2 N 81'$0'J0' E I 8~'50'J0" £ N 07'~5'I?' ~/ 10.15' J5,22' 5.21' PORT10N OF EXISTING RIGHT OF W~ Y OF SALEM AVENUe, S.W. (a.a. 1Z18, PG. 59Z) aOUNOEfl aY CORNERS $ TO II TO~ TO5 TO3, ANO CONTAINING 17g SQ. F~ TO BE VACA~D AND COMBINED ~ EXIS~NG TAX PARC~ IOUO01 ~ NOW OR FORblERL Y PROPERTY OF ALLRIGHT REAL TY COMPANY D.a. 1515, PG. 0.718 TAX PARCELS 1011008, 1011013, AND 1011015 6T07 124.16' IRON PIPE END. 0.06' OF-LINE AT $.25" 'I~¥ P..4RC,.~'! ';01 !005 TA~' pA, qC~. 1011003 1;4X PARCEl. 1011004' ALLEY . NOW OR ~UmLr ' (VARIABLE tffO TH)PROPERTY OF CRYSTAL TOI~'R BUILDING CORPORA TION nN~. PUBUC UTIUTY F,4,,SETitE~VT O.8. 184,.~ PC~. 1021 (PROPERTY ACOUISi110N,)~ Z£'vs [o.a. 17~8, P~ 598) fl.a. ~7~8; Pt 597 (R/~.IT OF WAY OE~C4nON) BOUNOEO 8Y CORNERS' TAX PARCEI. S 1011001, 1011002, 1011005. I THROUM 4 TO' lO TO & ANO 10,004. ANO I011005 CONTAINING 1,73% SO. Fl:. 8OUNOED 8Y CORNERS I THROU~I-I 9, ro az vAc,~r= I/~C~US/~ ANO CONTWNING 0.,1~ ACRES NOTES: ~. TH~ SUre,CT ~,RoPERrr u~s ,~rm~ ZON~ 'X U~S~Om' ~000 INSURAN~ ~r~ ~,AP mRU) NU~ER ~I01~0. PAN~ ON S~/O M~. A/~O /~,S NOr ae~v ~7e.o ~7m. ,~ ucevseo ~rroRN~. AS SUm THm~ M,~' ~sr ENcu~e~ANc~s THAT AF'FECT THE PROPERTY NOT SHOY, ff HEREON. $.THIS MAP IS BASED ON A CURRENT FTEI D SURVEY 8Y CALOit~"7J. P~IITE A SEOCIA TES. RIGHT OF WA Y AND EASEMENT VACA 170N PLAT FOR THE ROANOKE llMES SHOi~NG TH£ VACATION OF 17~ SO. FE OF PUSUC RIGHT OF WAY OF SALEM ANO THE VACATION OF AN E~SITN~ 1,751 SO. ~ PUOt, l¢ UTIUTY EASEMENT SITUAT~ TH~ SOUTHEAST CORNER OF TH£ INTE~gS~CTION OF SALE~ AI~NU~ ANO SECONO STI~, ~. CITY OF" ROANOK~ VIRGINIA l'~x Parce~sk I01100~-101100~ Coif.: C.L I~llte On,m: CL I#tlte Chec/m~: F..~. CalM& III I~'E-12 No.: 01-0078 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-! 145 E-mail: clerkc~ci.roanoke.va.us October 22, 2001 File ~227-514 STEPHANIE M. MOON Deputy City Clerk Daniel F. Layman, Attorney Woods, Rogers and Hazlegmv P. O. Box 14125 Roanoke, Virginia 24038[ Dear Mr. Layman At' a regular meeting of the Council of the City of Roanoke which was held on Thursday, October 18, 2001~, a public headng was held on the request of the Times-World Corporation that e portion of Salem Avenue, S. W., near its intersection with Second Street. bein~ approximately five feet wide and 35 feet long, lying on the south {ide of Salen~ Avenue~ aa~. showr~ o~: th'e~,Right of Way Easement and, Vacation Plat for The Roanoke'l'ime~' prepared by Caldwell White Associates, and dated August 22,2001, be permanently vacatec~, discontinued, and closed. Due to-the lacl(of frye'affirmative votes by the Council on a proposed ordinance vacating, discontinuingand closing the abovereferenced public right-of-way; the request was denied. Sincerely, Mary F. Parker, CMC~ City Clerk pc: Darlene L. Burcham; City Manager Rolanda A. Johnsom Assistant City Manager for Community Development Willard N. Claytor, Director, Real Estate Valuatiore~ Evelyn D. Dorsey. Zoning Administrator Martha P: Franklir~; Secretary; City Planning Commissiom,. Philip C. Schirme~, City Engineer- William M. Hackwortl~; City Attomey Stevert J. Talevi, Assistant City Attorney J. Thomas~Tasselli, Development Review Coordinat~?.~. N:~CKMHt~,~ada.0l~Ocmb~ 18~ 200! correqxmdem: .vqx~