Loading...
HomeMy WebLinkAboutCouncil Actions 07-16-01 HUDSON 35457-071601 ROANOKE CITY CO UNCIL REGULAR SESSION JUl, Y 16, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-Roll Call. Council Member Harris was absent. The Invocation was delivered by The Reverend James Beatty, Pastor, Bethel AME Church, Cave Spring. The Pledge of Allegiance to thc 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, July 19, 200 I, at 7:00 p.m., and Saturday, July 21,2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE 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. 2 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. PRESENTATIONS: A RESOLUTION expressing sympathy to the congregation of Virginia Heights Baptist Church and their pastor, our fellow Council Member C. Nelson Hams. Adopted Resolution No. 35457-071601. (6-0) File #20-132-215-367 o C-1 C-2 CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Council Member William White, Sr., Chair, Audit Committee, requesting that Council convene in Closed Session to discuss appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. File #132-280 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 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request. Withdrawn by City Attorney. 3 C-3 A communication from Edward A. Natt, Attorney, representing Southside Development Company, requesting that Council authorize the City Clerk to advertise a public hearing for Monday, August 6, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the request of his client to rezone property located at the southeast terminus of Bean Street, N. W., from C-l, Office District, to LM, Light Manufacturing District. RECOMMENDED ACTION: Concur in request. File #51 C-4 A communication from the City Manager recommending that the City Clerk be authorized to advertise a public hearing for Monday, August 6, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, to consider entering into a new lease for the building located at 3379 Colonial Avenue, S. W. RECOMMENDED ACTION: Concur in recommendation. File #166-373 C-5 Qualification of the following persons: Sharon Hicks as a member of the Youth Services Citizen Board for a term ending May 31, 2004; George Kegley as a member of the Roanoke Arts Commission for a term ending June 30, 2002; and William E. Skeen as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2005. RECOMMENDED ACTION: Receive and file. File #15-230-304-429 4 e REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Presentatioh by representatives of 21st Century Challenge, a program created by Habitat for Humanity International. Bill Poe and Ted Edlich, Spokespersons. Received and filed. File #178-226-399 b. Presentation by Vital Signs in regard to the New Technology Comdor. Priscilla Richardson, MA, JD Vital Signs Representative. Received and filed. File #545 4. PETITIONS AND COMMUNICATIONS: NONE. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 5 A communication with regard to performing Third Party Administrator functions by Landin, Inc., for Workers' Compensation for the City of Roanoke, in the amount of $40,000.00 per annum. Tabled until the regular meeting of Council on Monday, August 6, 2001, at 2:00 p.m. File #63-184 e A communication with regard to reassignment of Management Services functions to the Department of General Services and the Department of Technology. Adopted Budget Ordinance No. 35458-071601. (6-0) File #45-60-301 A communication recommending that the City Manager be authorized to accept the bid of McNeil Asphalt Maintenance, Inc., for repairing, resurfacing, and restriping tennis and basketball courts in the City, in the amount of $99,900.00; and appropriation of funds. Adopted Budget Ordinance No. 35459-071601 and Ordinance No. 35460-071601. (6-0) File #60-67 A communication recommending acceptance of bids submitted by GTSI Corporation for the purchase of mobile computers and Motorola, Inc., for the purchase of vehicle radio modems and test messengers for use by the Police and Fire Departments; and appropriation of funds. Adopted Budget Ordinance No. 35461-071601 and Resolution No. 35462-071601. (6-0) File #5-60-70-472 The question of including line items in the City's fiscal year budget for technology upgrades, vehicle replacement and other items was referred to the City Manager and to fiscal year 2001-02 budget study. File #60-301-472 A communication recommending acceptance of bids submitted by Magic City Motor Corporation and Roanoke Welding Company for trucks and related equipment for the Streets and Traffic Department, in the total amount of $241,558.00. Adopted Resolution No. 35463-071601. (6-0) File #20-472-514 Se A communication recommending acceptance of exercise equipment, valued at $20,000.00, fi.om the Roanoke Association Chapter of the Virginia Police Benevolent Association, Inc. Adopted Resolution No. 35464-071601. (6-0) File #5-80-472 A communication recommending acceptance of the Urban and Community Forestry Grant, in the amount of $13,674.00. Adopted Budget Ordinance No. 35465-071601 and Resolution No. 35466-071601. (6-0) File #60-236-240 7 o A communication in connection with funding recommendations of the Human Services Committee for qualified agencies for fiscal year 2001-02. Adopted Budget Ordinance No. 35467-071601 and Resolution No. 35468-071601. (5-0 - Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA, one of the organizations recommended for funding by the Human Services Committee.) File #60-72-110 b. DIRECTOR OF FINANCE: A report recommending adoption of measures to reappropriate funds into the current year budget in order that certain encumbrances may be properly liquidated. Adopted Budget Ordinance Nos. 35469-071601,35470-071601, 35471-071601, 35472-071601, 35473-071601, 35474-071601, 35475-071601 (6-0) and 35476-071601 and 35477-071601. (5-0- Council Member Wyatt abstained from voting inasmuch as she is employed by the Roanoke City Public School System.) File #60 c. CITY ATTORNEY: 1. A report with regard to amendment to the Sewer Use Standards. Adopted Ordinance No. 35478-071601. (6-0) File #24-27 6. REPORTS OF COMMITTEES: ao A report of the City Planning Commission recommending that Washington Park be renamed Booker T. Washington Park as requested by a citizen committee and the Department of Parks and Recreation. D. Kent Chrisman, Chair. Adopted Resolution No. 35479-071601. (6-0) File #67 A report of the City Planning Commission recommending that Femdale Drive from extended ordway Drive to its terminus be renamed Ordway Drive, N. W., and that there be no change in the name of Ferndale Drive from Ferncliff Avenue to the cul-de-sac. D. Kent Chrisman, Chair. Adopted Resolution No. 35480-071601. (6-0) File #85-514 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ae Ordinance No. 35438, on second reading, authorizing the City Manager to execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located at 506 Church Avenue and the adjoining lot, beating Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. Adopted Ordinance No. 35438-071601. (5-0 Council Member Bestpitch abstained from voting inasmuch as his spouse is employed by the YMCA.) File #100-166 9 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Hudson commended The Roanoke Times on sponsoring the "Music for Americans" celebration which was held at Victory Stadium on July 4. File #87-132 Vice-Mayor Carder referred to the proposed timetable for repairs to the City's skateboard park which will be completed on or about August 30, 2001. File #67 Vice-Mayor Carder referred to concerns expressed by citizens regarding the removal of basketball goals on City property adjacent to residential homes, and requested that the City Attorney research the question of whether the City could be indemnified against liability, upon application by the property owner. File #51-66 Following questions and comments by Council Members, the City Manager presented an update on revisions to the City's solid waste collection program which was implemented on July 1. File #144 The Mayor called attention to a recent visit to the flood ravaged areas of West Virginia; whereupon, he requested an update by the City Manager on the City of Roanoke's emergency disaster plan. File #188-237 Vacancies on various authorities, boards, commissions and committees appointed by Council. lo 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: Ms. Josephine Hutcheson, 1111 Loudon Avenue, N. W., and Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., addressed Council in opposition to curbside refuse collection. File #66-1'44 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. CERTIFICATION OF CLOSED SESSION. THE MEETING OF ROANOKE CITY COUNCIL WILL BE DECLARED IN RECESS TO BE RECONVENED AT 5:00 P.M., IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, NOEL C. TAYLOR MUNICIPAL BUILDING, FOR A JOINT MEETING OF ROANOKE CITY COUNCIL AND THE ROANOKE CIVIC CENTER COMMISSION. FOLLOWING TIlE SESSION OF COUNCIL AND THE CIVIC CENTER COMMISSION, THE COUNCIL MEETING WILL BE DECLARED IN RECESS TO BE RECONVENED AT 7:00 P. M., IN THE CITY COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. R O,4NOKE CITY CO UNCIL REGULAR SESSION JUL Y 16, 2001 7:00 P.M. CITY COUNCIL CHAMBER A GEND,4 FOR THE COUNCIL Call to Order -- Roll Call. Coun¢i~ Members Carder and Harris were absent. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 19, 2001, at 7:00 p.m., and Saturday, July 21,2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: Public hearing on the request of Lee Hi Land Group on the question of amending proffered conditions presently binding upon a tract of land lying on the north side of Orange Avenue, N. E., Official Tax No. 7140114, as set forth in Ordinance 33516-080497, adopted on August 4, 1997. Bob Copty, Managing Partner, Spokesperson. Inasmuch as the petitioner was not present to respond to questions, the matter was tabled. File #$1 Public hearing on the request of the Ridge Small Business Development Center, Inc., clgo/a The New Century Venture Center, for designation of property located at 1354 Eighth Street, S. W., to be exempted from taxation. Lisa Ison, President, The New Century Venture Center, Spokesperson. Adopted Resolution No. 35481-071601. (5-0) File #79 Public hearing on the proposal of the City of Roanoke to convey approximately 1,000 square feet, more or less, of City-owned property located in Garden City Park, described as a strip of land approximately 100' x 10' between the creek and the rear property line of Official Tax No. 4390812, being a portion of Official Tax No. 4390619, to Cheryl Marie Proctor Chandler, 3655 Ventnor Road, S. E., upon certain terms and conditions. Darlene L. Bureham, City Manager, Spokesperson. Withdrawn by City Manager. 13 Public hearing with respect to the proposed adoption of a resolution authorizing the City of Roanoke 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 $31,245,000.00, for the purpose of providing funds, to pay the costs of acquisition;' construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City. Darlene L. Burcham, City Manager; and James D. Grisso, Director of Finance, Spokespersons. The resolution was lost on a 3-1-1 vote of Council. File #53 Public hearing on the proposal of the City of Roanoke to convey to Tfigon Insurance Company certain City owned property identified as Official Tax Nos.. 4016001, also known as Key Plaza, and 4016003, located on Franklin Road, S. W. Darlene L. Burcham, City Manager, Spokesperson. Adopted Ordinance No. 35482-071601. (5-0) File #166-501 OTHER HEARING OF CITIZENS: 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. Mr. Woodrow Hickman, 1010 Norfolk Avenue, S. W., addressed Council in opposition to curbside refuse collection. File #66-144 14 Jeff Artis, Chair, Roanoke Southern Christian Leadership Conference, advised that in view of two reported cases of alleged police brutality and other information compiled by the SCLC over the past several years concerning Roanoke's law enforcement personnel, the SCLC will formally request the U. S. Department of Justice to investigate all Roanoke City law enforcement agencies, including the Police Department, Sheriffs Department and Commonwealth Attorney's Office. File #5-66-121-133 Preston Moore, Ombudsman for the Commonwealth of Virginia for Women, Minorities, Children and the Disabled, as appointed by SCLC President, Herbert Coulton, spoke in support of the remarks of Mr. Artis, and suggested that a Member of Council convene a meeting of appropriate persons to investigate activities of Roanoke's law enforcement agencies. File #5-66-121-133 Mr. Robert Gravely, 617 Hanover Avenue, N .W., addressed Council with regard to City issues of concern, specifically, insufficient wages for the City work force and the high real estate tax rate in the City of Roanoke which makes it difficult for the average worker to purchase a home. File #66-79-184 Mr. George Gunther, P. O. Box 12353, expressed concern in regard to alley closings in the City which will eliminate rear access to private residences by emergency vehicles. Instead of closing the alleys, he suggested that alleys be widened to allow for improved access and cleared of debris to eliminate health and safety hazards. File #66-514 The Council meeting was declared in recess. Certification of Closed meeting. (5-0) The Council meeting was declared in recess until Monday, July 30, 2001, at 12:15 p.m., in the Emergency Operations Center Conference Room, Room 159, Noel C. Taylor Municipal Building, 215 Church Ave, S. W. R O.4NOKE CITY CO UNCIL }FORK SESSION JUL Y 30, 2001 12:IS P. M. EMERGENCY OPERATIONS CENTER CONFERENCE ROOM AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. 2. Reports by Council Members in connection with their respective liaison roles to various authorities, boards, commissions and committees. 3. City Manager Briefings: Fire-EMS Department Strategic Business Plan Vision 2001 Comprehensive Plan Human Services building proposal Changes to Parks and Recreation rental fees · 4. Request of the City Manager for a Closed Meeting to discuss disposition of real property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. 5. Other Business: 6. Certification of Closed Session. 2 July 18, 2001 File #20-132-215-367 The Reverend C. Nelson Harris, Pastor Virginia Heights Baptist Church 2014 Memorial Avenue, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Resolution No. 35457-071601 expressing sympathy to the pastor and congregation of Virginia Heights Baptist Church in connection with an accident involving members of your church on Sunday, July 1,2001. The Members of Council also send their deepest regrets and sorrow at the passing of Miss Jessika Lewis and extends its support and condolences to you, to your congregation and to Jessika's family. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, MFP:mh Enclosure Mary F. Parker, CMC City Clerk H:'xAgenda.01~July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35457-071601. A RESOLUTION expressing sympathy to the congregation of Virginia Heights Baptist Church and their pastor, our fellow Council member The Reverend C. Nelson Hams. WHEREAS, the members of Council learned of an accident involving 12 youths and two adults from Virginia Heights Baptist Church who were returning from a Christian youth camp in Myrtle Beach, South Carolina, in a church van on Sunday, July 1; and WHEREAS, after the accident, 11 of the youth riding in the van were hospitalized, and seven were treated and released that Sunday afternoon; and WHEREAS, three youth remain in the hospital with serious and critical injuries; and WHEREAS, Jessika Lewis, a 13-year-old youth critically injured in the accident, passed away on Friday, July 6; and WHEREAS, The Reverend Harris has ministered to and supported the congregation of Virginia Heights Baptist Church and the families of the injured youth throughout this crisis. 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 that this accident occurred and at the passing of Jessika Lewis, and extends its ,support and condolences to the congregation of Virginia Heights Baptist Church, to Jessika's family, and to The Reverend Harris. 2. The City Clerk is directed to forward an attested copy of this resolution to The Reverend C. Nelson Harris-to share with the members of his congregation. ATTEST: City Clerk. H:XMEASURES~r-virginiaheightsbnptlst C-1 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 July 16, 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 Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to Section 2.1-344 (A) (1), Code of Virginia, (1950), as amended, I am requesting that Council convene in a Closed Session to discuss the appointment of a new Municipal Auditor, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. With kindest regards, I am Sincerely, W~lham White, Sr, Chair Audit Committee WWsr:sm t3-2 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATYORNEY 46~ MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIR~ IA, 2401J.- !595: ... TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty ~ci.roanoke.va-us July 16, 2001 ELIZABETH K. DILLON STEVEN J. TALEV1 GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'i~T)RNEYS The Honorable Mayor and Members of city Council Roanoke, Virginia ~. P~e: Reqtlest for cldsed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed me&ting to consult with legal counsel on a matter of probable litigation, pursuant to §2.1-344.~.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney 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 July 18, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Edward A. Natt F. O. Box 20487 Roanoke, Virginia 24018 Dear Mr. Natt: Your communication requesting that Council authorize the City Clerk to advertise a public hearing for Monday, August 6, 2001, at 2:00 p.m., or as soon thereafter as the matter may be heard, on the request of your client to rezone property located at the southeast terminus of Bean Street, N. W., from C-1, Office District, to LM, Light Manufacturing District, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. On motion, duly seconded and adopted, Council concurred in the request. It will be necessary for you, and your representative, to be present at the public hearing. Failure to appear could result in a deferral of the public hearing until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Tom Nicholson, III, 819 West Little Creek Road, Norfolk, Virginia 23505 Rick Williams, President, Williamson Road Action Forum, 3725 Sunrise Avenue, N. W., Roanoke, Virginia 24012 Clarence and Verna Mitchell, 4824 Delray Street, N. W., Roanoke, Virginia 24012 Timothy N. Musselwhite, 3513 Normandy Lane, #45, Roanoke, Virginia 24018 William R. and Rebecca D. Coupe, 4816 Delray Street, N. W., Roanoke, Virginia 24012 H:XAgenda.01XJuly 16, 2001 correspondenc.wpd Edward A. Natt ,July 18, 2001 Page 2 Roy and Barbara Dent, 4812 Delray Street, N. W., Roanoke, Virginia 24012 Lynwood and Yvetta Dent, 4808 Delray Street, N. W., Roanoke, Virginia 24012 Edith D. Alley, 4802 Delray Street, N. W., Roanoke, Virginia 24012 Trustees, Airlee Court Baptist Church, 1312 Hershberger Road, N. W., Roanoke, Virginia 24012 First Union National Bank, 1344 Hershberger Road, N. W., Roanoke, Virginia 24012 Tacoma, Inc., 1406 Hershberger Road, N. W., Roanoke, Virginia 24017 James and Virginia Axelsen, 4827 Eden Drive, N. W., Roanoke, Virginia 24012 William R. and Virginia O. France, 4821 Eden Drive, N. W., Roanoke, Virginia 24012 Glenda J. Field, 4817 Eden Drive, N. W., Roanoke, Virginia 24012 John P. Spangler, 4811 Eden Drive, N. W., Roanoke, Virginia 24012 Donald E. Keaton, Sr., 4807 Eden Drive, N. W., Roanoke, Virginia 24012 Sara Coleman Whitlock and Jane Whitlock Horeis, 2715 10th Street, N. W., Apt. 11-202, Roanoke, Virginia 24012 Betty J. Richardson, 4728 Daleville Street, N. W., Roanoke, Virginia 24012 Thomas and Lyle Myers, 4733 Pawling Street, N. W., Roanoke, Virginia 24012 Juan Aguirre Lopez, 4727 Eden Drive, N. W., Roanoke, Virginia 24012 Christine B. Decker, 4727 Daleville Street, N. W., Roanoke, Virginia 24012 Thurston and Nellie Moomaw, 4728 Pawling Street, N. W., Roanoke, Virginia 24012 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney HSAgenda.01~luly 16, 2001 correspondenc.wpd Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725 -8180 Fax: (540) 772-0126 E-marl: enatt~opnlaw.com LAW OFFICES 0STERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FER6USON, PLG 8012 ELlgGTRIG ROAD, S.W. P. O. Box 20487 ROANOKE, VIR6INIA 24018 - 0049 (540) 989-0000 FAX (540) 772-0126 July 3, 2001 C-3 RECEIVED JIJ l ' 21)01 MAYOR'S OFFICE SALEM, VIRGINIA 9415~ P.O. Box 279 lO5 N. GOLORADO STREET F~s~x (540) t~OO-OSOO Hon. Ralph K. Smith, Mayor and Members of City Council 452 Municipal Building 215 W. Church Avenue, SW Roanoke, VA 24011 Re: Rezoning of a parcel of land containing 4.05 acres, more or less, designated as Tax Map No. 2280601, situate at the southeast terminus of Bean Street, N.W. (Tract III, Eden Park), from C-l, Commercial District to LM, Light Manufacturing Dear Mayor Smith and Members of Council: I represent Southside Development in its request to have property on Bean Street in the City of Roanoke rezoned in order to permit the development of a mini-warehouse facility on the subject property. The matter was heard before the Planning Commission at its July meeting and the Planning Commission unanimously recommended approval of this rezoning request. At the Planning Commission meeting, Mr. Rick Williams, President of the Williamson Road Action Forum, spoke on the matter. He indicated to the Planning Commission that the neighbors were not opposed to the rezoning request inasmuch as they felt that the proposed use was better than some other uses which had been proposed for the property. Mr. Williams then went on to indicate that he himself was opposed to the rezoning request. Following the public hearing, the Planning Commission unanimously voted to recommend approval. On July 2nd, Mary Parker, the City Clerk, contacted me and advised me that. she had sent the notice of public hearing for the City Council meeting to the newspaper. The newspaper later contacted Ms. Parker and advised her that, through its mistake, the advertisement for this public hearing on July 16th was not included in the newspaper. Ms. Parker then checked with City officials and found that it was too late to do anything for the July 16th meeting and contacted me and advised me of such fact. Thereafter, I talked with my client. My client indicated that they were under very severe time guidelines and constraints. As a result of the newspaper's mistake, the matter would, now, normally not be heard until the Council's meeting at 7:00 PM on August 20th. My client would respectfully request that Council make an exception to its normal policy Hon. Ralph K. Smith, Mayor and Members of City Council Page 2 July 3, 2001 and permit this matter to be advertised for public heating at Council's 2:00 PM meeting on August 6, 2001. Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. Edward A. Natt EAN/csb pc: Mr. Tom Nicholson, III 819 West Little Creek Road Norfolk, VA 23505 Mr. Rick Williams, President Williamson Road Action Forum 3725 Sunrise Avenue Roanoke, VA 24012 ' CITYOFROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #166-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: Your communication recommending that the City Clerk be authorized to advertise a public hearing for Monday, August 6, 2001, at 2:00 p,m., or as soon thereafter as the matter may be heard, to consider entering into a new lease for the building located at 3379 Colonial Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Jeffrey Di Krantz, 1242 Oakwood Street, Bedford, Virginia 24523 Mrs. C. Richard Cranwell, 1911 Mountain View Road, Vinton, Virginia 24179 James D. Grisso, Director of Finance Beth A. Neu, Director of Economic Development H:X, Agenda.01X. luly 16, 2001 cclrespondenc.wpd C-4 Office of the City Manag(';r July 16, 2001 The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin'Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Montessori School Lease Following the request of the Specific Reading and Learning Difficulties Association (commonly referred to as Montessori School) to cancel its lease of the property located at 3379 Colonial Avenue with the City of Roanoke, which request was granted, to be effective September 1,2001, we were contacted by a parents group. This group, The New Vista Montessori School, is interested in leasing some of the property for a similar purpose and have proposed a term of one year at $3000. In order to consider a new lease, the City Council must hold a public hearing. Recommendation: Direct the City Clerk to advertise a public hearing for August 6, 2001 to consider entering into a new lease for the building and the approximately 7.2 acres of real estate associated with the property located at 3379 Colonial Avenue. DLB:ean Respectfully submitted, Darlene L. Bu~(~ham City Manager c: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Beth Neu, Director of Economic Development Room 364 Municipal South CM-01-0154 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke,va.us Ms. Darlene Burcham, City Manager City of Roanoke 215 Church Avenue, SW Room 364 Roanoke, VA 24011 Dear Ms. Burcham: New Vista Montessori School Roanoke, VA RECIEIVEDI JUL 1 3 2001 This letter is in response to the intent of New Vista Montessori School's plan to operate a not for profit educational program located at 3379 Colonial Avenue. The terms of this lease are different fi.om those stated in my previous letter to you dated June 29, 2001. The terms are now as follows: 1. The length of the lease shall be for one year with the request to renew year to year for an additional 4 years total. 2. The annual lease shall be three thousand dollars(S3,000.00). Paid in full by date set forth by your office. 3. The general upkeep and maintenance of the property and grounds will be the sole responsibility of New Vista Montessori School. Our program has had great interest and plans are well undenvay. Our plans are to open for instruction at the beginning of September. I want to express to you our eagerness in negotiating these terms with the city so that our program will be a viable and quality one. If you should have any questions, please do not hesitate to contact mc. Thanking you, I am Jeffxey D. Krantz mr jk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #15-230-304-429 Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board Roanoke, Virgina Dear Ms..Vaughn-Howard: This is to advise you that Sharon Hicks has qualified as member of the Youth Services Citizen Board for a term ending May 31,2004. Mary F. Parker, CMC City Clerk MFP:mh H:XAgenda.01kluly 16, 2001 correspondenc,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Sharon Hicks, 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 Youth Services Citizen Board for a term ending May 31, 2004, according to the best of my ability. I swear or affirm. ARTHUR B. RK BY DEPUTYCLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk July 18, 2001 File #15-230-304-429 Stephanie M. Moon Deputy City Clerk Mark C. McConnel, Chair, Roanoke Arts Commission Roanoke, Virginia Dear Mr. McConnel: This is to advise you that George Kegley has qualified as a member of the Roanoke Arts Commission for a term ending June 30, 2002. Sincerely, & Pa~r er'~' Mary F. ', CMC City Clerk MFP:mh pc: Michelle Hopkins, Secretary, Roanoke Arts Commission H:'u~.genda.01X July 16, 2001 correspondenc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, George Kegley, 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 to fill the unexpired term of Lu Jean Bedard, ending June 30, 2002, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me th a . % 2001. ARTHUR B. CRUSH, III, CLERK N:\CKMHl~genda.01X.lune 18, 2001 correspondenc.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #15-230-304-429 James D. Grisso, Secretary, Board of Trustees, City of Roanoke Pension Plan Roanoke, Virginia Dear Mr. Grisso: This is to advise you that William E. Skeen has qualified as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term ending June 30, 2005. Sincerely,~.~r ~' P&~ Mary F. Parker, CMC City Clerk MFP:mh H:kAgenda.0lkluly 16, 2001 correspondenc.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William E. Skeen, 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 Board of Trustees, City of Roanoke Pension Plan, for a term of ending June 30, 2005, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ! / day of .-5,~/,/ 2001. ARTHUR B. CRUSH, III, CLERK BY ,DEPUTY CLERK s 2,~ ~.a~DVOGEL, & CRONK No.8290 P. ] 30 W Fraftkflft Rd Suite R~k~, VA 24~t 1 P ~,~,,-,~.: g~2-24,44 Fax: 342,8640 ,a, T~ Mar/F. Parker, City Clerk Fr~m: Bill Poe Fax= 853-1145 D~o: June 13. 2001 Re: A~a ~m; 7/1~1 ~: The 21; Centunj Challenge wants to make a Ixesentation to City Council on July 16. 2001. The Centuo, Challenge is a program created by Habitat fa Humanity International. The local comm~ee was made up of representatives fnxn Roanoke Regional Housing Netwod[, Roanoke Cit~, Total Action Against Poverty, Habitat for Humanity and Northw~ N~oorhood Envin~menlal OG;lanization. We will present a report to council, which inct~, s.rveys, maps, ~ and recommendations. The report has been submilted to the City Manager. ~ of the mpod will be distributed to council members. We would like to have appn:rximately 20 minut~ for the presentation and tO answer any questions. Members pad,~cipating in ~ Ixese~ am Bill Poe. John Sabean, Ted Edlich and F. Jizabeth Middleton. If them are any questions or a need for additional information please let me lulow. Thank you - Bill Poe JUN-13-L:~i 16:05 54034L~49 P. 01 The 21st Century Challenge to Eliminate Substandard Housing in the Roanoke Valley Report Submitted by the Roanoke Regional Housing Network Presented by Bill Poe, Elizabeth Middleton, and Ted Edlich .9. About the 21''t Century Challenge: The 21st Century Challenge was first introduced to Roanoke in the fall of 1999 at the Roanoke Regional Housing Network's Annual Housing Symposium. Clive Rainey of Habitat for Humanity was the keynote speaker. Mr. Rainey discussed the 21 st Century Challenge Program; the program is a challenge to a community to eliminate substandard housing within a specified period of time. The Roanoke Regional Housing Network (RRHN) accepted responsibility to coordinate the program. A committee met in late October of 1999; the original groups represented were: RRHN, Blue Ridge Housing Development Corporation, Total Action Against Poverty, Habitat for Humanity, City of Roanoke, Northwest Neighborhood Environmental Organization (NNEO), and Council of Community Services. The health of a community's neighborhoods is vital to the health of the entire community. Roanoke is a truly outstanding city to live in, but we need to make it better for all citizens. Substandard housing is unacceptable today. There are resources available to eliminate substandard housing - what we need is a commitment from the community to do so. The commitment needs to come from city government, non-profit organizations, the business community, neighborhood groups, and individual citizens. The 21 st Century Challenge committee has prepared a detailed report, which outlines specific recommendations to eliminate substandard housing. There is a need for the City of Roanoke to step forward and kick-start the program, with the assistance of other program partners. The program will be presented to City Council soon, and we look forward to its acceptance. I am pleased that we have produced this report, through the work of our participating organizations and volunteers, at no cost the City of Roanoke. This report, which represents a year's work and many hundreds of hours of effort by area citizens, might easily cost the city upwards of $100,000 if contracted to a private consultant. The Roanoke Regional Housing Network is pleased to have made this contribution. The Initial Housing Surve.v: The first step in eliminating substandard housing is to identify its location. This study will provide the background information for the development of strategies to eliminate substandard housing in the City of Roanoke. The survey's instruments were developed in Spring 2000 by a partnership of Dan Web (Roanoke City's Building Inspection Department), Northwest Neighborhood Environmental Organization (NNEO), and Jenny Jo Woods, an intern from Hollins University. Another intern, Evelyn Thornton, coordinated the beginnings of the actual survey effort in July 2000. The survey and compilation of information continued under the direction of the Council for Community Services from August to October 2000. At that point, the project was taken over for completion by Total Action Against Poverty's Community Development and Outreach component, under the direction of Elizabeth Middleton. The last neighborhood was surveyed in June 2000, and the report was completed the same month. The Survey Instruments: The survey was to be conducted by groups of volunteers from diverse backgrounds. Knowing this, the survey instrument partnership sought to develop a methodology that would be objective, simple, and quick -- and one that could be done from the sidewalk. The resulting "Housing Condition Checklist" (attached) provided lists of conditions to look for which would cause a house to be considered "poor" or "fair". The instrument presumes a house to be in "good" condition, unless the specific criteria for the other conditions are met. In addition, a check-box grid, which lists only the address and condition of each property, was developed to record the neighborhood's compiled housing conditions. A PowerPoint presentation was developed as a training tool for the volunteers surveying properties. The presentation reviews the criteria listed on the Housing Condition Checklist, and provides photographic examples of each of the conditions which would cause a house to be considered in "fair" or "poor" condition. Conducting the Survey: Because the 21st Century Challenge is a community project, efforts were made to involve members of the public in the survey process. Numerous individuals, and more than 25 Roanoke Valley organizations participated in the survey. (A list of these organizations appears on pages 1-2 of the report). Every Saturday morning and one Sunday afternoon during the month of July 2000, the participants met in a location central to the neighborhood to be surveyed. There, the coordinator held an introductory training session in which participants viewed the PowerPoint presentation, heard explanations of the Housing Condition Checklist. The 2 groups were broken into pairs and assigned a segment of the neighborhood (consisting of approximately ten blocks) to survey. The groups consisted of around ten to twenty people, approximately half of them being residents of the neighborhood to be surveyed. Each pair of participants received one clipboard containing the necessary survey materials (a map of their segment to be surveyed, a stack of Housing Condition Checklists, and the neighborhood surwey grid documents). The collected survey data was compiled into the databases shown in Volume I. Study Limitations: As in all studies of this size and nature, there are some limitations to the data that must be acknowledged: _ Please note that the charts in Volume I are organized by Roanoke City Neighborhood Number. The map boundaries for each neighborhood, however, are organized according to the boundaries most often recognized by the neighborhood and community groups which serve the area. Therefore, the maps will sometimes show data not included in the housing condition chart for the neighborhood, and vice versa. Sometimes the neighborhood boundaries on the maps do not line up with the official boundaries recognized by the neighborhood groups. For example, the official boundaries of the Melrose/Rugby Neighborhood Associations are North to South, Orange Avenue to Rt. 581 and East to West, l0th St. to Lafayette Boulevard. Judgments of housing conditions were made based on the external conditions of the houses viewed from the sidewalk. It was assumed that the quality of the interiors of these houses was reflected by the external condition. In addition, because of the numbers of people involved, in spite of a constant training format for all volunteers, there was some inevitable subjectivity. Nevertheless, we believe that as a whole this study represents an accurate picture of the overall housing conditions in the center city neighborhoods. Because one of the primary purposes of this project was to produce data useful to neighborhood and community groups, the statistics on housing conditions came from the maps, making them more inclusive than if the data had come from the recognized Roanoke City Neighborhood boundaries. The statistics, which include owner-occupancy vs. rental data, however, are necessarily taken from the data provided by Roanoke City. Houses that are unoccupied because they are under construction or repair will appear in the study as boarded/vacant houses. Likewise, land that is owned by an adjacent homeowner for use as a garden, yard, or parking area will appear in the study as a vacant lot. The area most affected by this is the NNEO community the where there are five structures under construction and twelve others that are under the control of NNEO being amassed for a project of a larger scale. These properties plus those lots owned by adjacent land owners alters the vacant lot percentage for the NNEO community by 10%. How the Study Results are Organized: The study results are organized into two volumes: Volume I includes all the data on the conditions of housing in the surveyed neighborhoods. For each neighborhood, this data consists of: 1. a Summary of Key Findings including statistics and general observations (Please see Section IV.. Summary of Key Findings), and in the section allocated to each - neighborhood; 2. a chart which includes information on the specific properties (houses) within the Roanoke City Neighborhood Number most closely corresponding with the boundaries of our survey; 3. a map the neighborhood depicting the surveyed housing conditions. Volume II consists of ownership information for all vacant lots within the Roanoke City Neighborhood Numbers most closely corresponding with the boundaries of our survey. The 21 st Century Challenge Neighborhood Survey of Roanoke City shows that: · Approximately ¼ of the lots surveyed are vacant (26.4% or 1857 lots) · Approximately ½ of the lots surveyed have occupied dwellings in good condition (50.1% or 2589 houses) · Approximately 1/3 of the lots surveyed have occupied dwellings in fair condition (33.5% or 1730 houses) · 13.7% of the lots surveyed have occupied dwellings in poor condition (709 houses) · 2.7% of the lots surveyed have unoccupied or boarded houses (142 houses) Observations & Implications: · In most neighborhoods, between 50% and 60% of the residential housing is in good condition. This provides an excellent base for improvement of inner-city neighborhoods and housing. 4 In many, if not most of the neighborhoods, the housing in good condition is clustered. These areas can be strengthened by improving the poorer housing in the midst of good housing, and by improving the housing on the edges of these strong residential areas. One fourth of all the residential lots in the city center neighborhoods are vacant. These lots provide great oppommities for new construction. This is especially tree when there are a number of contiguous vacant lots that might be used for blocks of new housing development. The 142 unoccupied or boarded houses represent only 2.7% of the lots surveyed yet have a damaging effect on the value of neighborhing structures and are a deterrent to the private housing market. In most neighborhoods, housing closest to the city's center tends to be poorer and have a higher percentage of vacant lots. This might suggest an additional strategy of investing in new improved housing beginning from downtown Roanoke outward on both sides of the railroad tracks. The quality of downtown neighborhood housing is among other things and economic development issue. If every one of the vacant lots had a new home valued at $100,000, the City of Roanoke would receive, at the current tax base of $1.23 per hundred, a total annual revenue of $2,284,000 instead of the approximately $114,000 the city currently receives. This does not include the impact on the value of surrounding properties. In addition, an additional three residents per home would boost the Roanoke City population by an additional 5,471 residents, pushing us closer to the 100,000 mark critical to other public funding sources. Finally, increased quality housing and a greater population base can only be good for downtown Roanoke businesses. Improvements in inner-city housing over the last two decades have been a result of the activity of local neighborhood groups and local organizations working with the City of Roanoke and financial institutions to improve housing conditions. Significant improvements will not take place without new goals, clearly defined strategies, and the marshalling of resources to make things happen. Recommendations: The study's recommendations are listed at the back of Volume I (Please see tab marked "Recommendations") These recommendations are a series of action steps divided into three categories: Legislative, Administrative, and Funding. We believe that vigorous action needs to be taken on each of these fronts. 3.b. Priscilla Richardson, MA, jD VITAL SIGNS Representative June ~:, 2001 City of Roanoke, Clerk's Office Attention of Mayor and City Council and Ms Moon 215 Church Avenue SW Room 456 Roanoke VA 24011 RE: Vital Signs application for fifteen minutes before City Council at 2 PM July 16. Please put me on the agenda of a meeting of the City Council to present the newest version of the Vital Signs report for the New Technology Corridor. I will bring copies of the report with me, since they are so heavy and too expensive to mail. The presentation will take about fifteen minutes. Questions are welcome, during and after. An enclosed executive summary, of'the report, prepared by Dr. Terri Cornwell, give.s you an overview of some of the helpful details the report now includes. The Vital Signs team believes that use of this report can help every person in city government make the difficult decisions the near future will bring. Vital Signs is not asking for anything except a short time, fifteen minutes, and the council's attention Will you plea,~ Pti" ~act info~ mal COl3 that I can be on the docket July 16 at 2 PM? . Guru@WriteSpeakforSuccess.com www. WriteSpeakforsuccess.com P O Box275 Cloverdale VA 24077-0275 540/992.1279 you can recycle this recycled-content paper VITAL SIGNS: SUSTAINABILITY INDICATORS FOR VIRGINIA' S TECHNOLOGY CORRIDOR Executive Summary June, 2001 VIRGINIA' S TECHNOLOGY CORRIDOR EXECUTIVE SUMMARY Background (Vital Signs: 1997-1999) In the early 1990s more than 1,000 citizen volunteers participated in an unprecedented visioning process which identified goals and strategies for an area encompassing more than 500,000 people in western Virginia. This region (the counties of Alleghany, Bland, Botetourt, Craig, Floyd, Franklin, Giles, Montgomery, Pulaski, Roanoke, Smyth, and Wythe and the independent cities of Clifton Forge, Covington, Radford, Roanoke, and Salem) was officially designated Virginia's Technology Corridor (VTC) in 1997 by the Virginia General Assembly. A number of regional projects grew from the original vision formulated by the citizens of the region, and one of the most prominent is Vital Signs. The project began in 1997 by hosting numerous public meetings and discussions on indicators, objective measures which assess an area's environmental, social, and economic health. In 1998 the first data report, Vital Signs: Community Indicators for the New Century Region, was published and made available on the Internet at www.newcentury.org. Following publication of Vital Signs 1998, large organizations, like the United Way of Roanoke Valley, United Way of Montgomery, Radford, and Floyd, and Carilion Health Systems began to incorporate the Vital Signs research in their planning processes. Local government planners were also given copies of the report, and many continue to make use of it as they work with the challenges accompanying population growth and ongoing development. In 1999 a second report, Toward Sustainability: Virginia's Technology Corridor in the 27t Century, was published. This report provided a detailed discussion of sustainable development and analysis of new subjective data on residents' perceptions of their quality of life - important subjective research to add to the 1998 objective data. Vital Signs 2000-2001 Vital Signs: Sustainability Indicators for Virginia's Technology Corridor is the third report published by the project. This report provides a background on the project, describes the national and international sustainable development movements, and connects Vital Signs with the initiative led by the Environmental Law Institute, which published Blueprint for Sustainable Development of Virginia in 1994. The core of the report, however, is the analysis of 10 Environmental Indicators, 33 Community Building Indicators, and 8 Economic Indicators for the region with individual data for all jurisdictions in the Appendix. According to analysis of the data in the Vital Signs report, Virginia' s Technology Corridor has made only modest improvements in social, economic, and environmental indicators over the past several years, despite the strong economy. For this reason, the region needs to take bolder steps toward building a more sustainable society. Major findings of the report include: The region comprises only 7.7 percent of the population of Virginia (down from 8.2 percent in 1990). This translates into lesser state legislative influence, but greater opportunity to build a sustainable society; Pounds of solid waste per year per person increased to 1,758, still above the national average of 1,600 pounds; Total parks and recreational acreage per 1,000 residents (1,297) remains well above the total for Virginia (291), but the region needs to take bolder steps to prevent the gradual erosion of agricultural land by urban sprawl; Births to teenage girls (ages 15-17) declined in 1996 and 1997, but increased in 1998 and were down slightly in 1999; Child abuse figures declined from 1998 to 1999, but remains above the rate per 1,000 children compared to Virginia; Elder abuse figures remain higher than figures for Virginia; Person-to-person and property crime rates remain under those of Virginia, but juvenile arrest rates are higher and increased since 1996; In education, SOL scores have improved, but percentage of fully accredited schools remains below the percentage for the entire state; Health indicators show improvements in pre-natal care; infant mortality rates are better than rates for Virginia, but increased from 1996 to 1998; accidental death rates have been falling, as have suicide rates, but suicide rates remain higher than those of the state; Economic indicators show growth in per capita income (but figures are still below the state and nation), slow employment growth compared to the state, and educational levels (high school and college grads) lower than those of the state or nation. The report concludes with three recommendations for businesses, governments and nonprofit organizations: 1. Participate in "education for sustainability" - a task in which the media is crucial to show the links among the environment, the economy, and the community. 2. Keep, refine, and use indicators of sustainability. 3. Move the community toward sustainability by daily, organizational and individual action. Vital Signs is currently housed at Hollins University and is directed by a volunteer steering committee representing both the Roanoke and New River valleys. The project has been funded by the Cabell Brand Center, the Robins Foundation, Carillon Community Health Fund, the Virginia Environmental Endowment, the RoanokeValley-Alleghany Regional Commission, Ferrum College, Hollins University, and Virginia Tech. page two of Executive Summary Tabled until on August 6, regular meeting of Council 2001. Office of the City Manager '~ly 16, 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: Workers' Compensation Third Party Administrator Background: All employees of the City of Roanoke are covered by workers' compensation as required by state law. Roanoke is self-administered and self-insured for Workers' Compensation. Currently, the City experiences approximately 400 new Workers' Compensation claims annually, and continues to administer some active claims from previous years. These claims entail significant amounts of paperwork and can be handled more efficiently by a company that deals with workers' compensation exclusively. The Office of Risk Management started an evaluation process to determine the logic of employing a Workers' Compensation Third Party Administrator. Considerations: After submission of RFPs, non-binding on the part of the City, four Third Party Administrators were interviewed with Landin, Inc., being the clear choice of all on the panel. Landin proposes to administer all workers' compensation claims for the City for a fee comparable to that of hiring a workers' compensation specialist to replace the one who has recently retired. Landin offers assurances that all of the City's injured employees will receive quality service to speed their recoveries. The use of a Third Party Administrator should enable the Office of Risk Management to have more time to spend administering general liability and automobile liability claims. These classes of claims have the greatest potential financial impact to have their outcomes affected by extra time and effort devoted to their investigation and administration. 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 July 16, 2001 Page 2 Recommended Action: Council authorize the City Manager to enter into a one - year contract, with the option to renew for 2 additional one - year periods by mutual agreement, with Landin, Inc., to perform Third Party Administrator functions for Workers' Compensation for the City of Roanoke, and to authorize payment to Landin, Inc., in an amount not to exceed $40,000 per annum from the following funding source: Funding Source Fees for professional services Account Number 019-420-1262-2010 Amount $40,000 DLB:vls C: Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attomey James D. Grisso, Director of Finance Glenn A. Asher, Risk Management Officer CM01-00132 SERVICE AGREEMENT FOR ADMINISTRATION SERVICES THIS AGREEMENT is hereby entered into this 1st day of Jub, 2001, by and between the The City of Roanoke, Virginia, a municipal corporation having its principal place of business at 215 Church Ave., SW, Roanoke, Virginia 24011 0aereinat~er referred to as "City"), and The Landin Companies, a Virginia corporation having its principal place of business is 4912 Augusta Avenue, Richmond, Virginia 23230 (hereinafter referred to as "Contractor"). FOR AND IN CONSIDERATION OF the mutual covenants and agreements contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: (1) Term: The term ofthis Contract shall be from the IstdayofJuly, 2001, through the 3 0th day of June, 2002 and will be renewed automatically for up to two (2) additional one (1) year periods, in accordance with the Termination (Section 7) and Compensation (Section 156) provisions of this agreement. (2) Scope of Services: The Contractor shall provide Serf-Insured Workers' Compensation Administration Services for the City, as set forth in the initial Proposal submitted by Contractor dated February 1,2001 and the City of Roanoke, Virginia's Request For Proposal #00-12-73, the provisions of which are incorporat~l herein by reference as though fully set out h~in. (3) Independent Contractor: Neither the Contractor, its employees, assignees or subcontractors shall be deemed employees of the City while performing under this Agreement. (4) General Provisions: Nothing in this Agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the scope of services contained herein. (5) Inventions & Convri~ht~: The Con~mr is prohibited from copyrighting any papers, interim reports, forms or other rnatexial and/or obtaining patents on anyinvention r u ting~om its performance under this Agreement, except when specific written authorization of the City is given. The copyright or patent shall belong to the City. (6) Intem'ation & Modification: This Agreement incorporates by reference the City of Roanoke, V~ginia's Request for Proposal ~XM2-73 and the Contractor's proposal dated February 1, 2001, which constitutes the entire agreement between the Contractor and the City. No alteration, amendment or modification in the provisions of this Agreement shall be effective unless it is ¢7) Termination: This Agreement shall be automatically renewed for two (2) successive twelve (12) month periods unless either party gives written notice at least ninety (90) days prior to the end of any anniversary period. Upon this termination for convenience, notwithstanding any Page 1 of 5 fees already due and payable to the Contractor, the Contractor shall be paid only for those additional fees and expenses incurred between notification of termination and the effective date of termination that are necessary for curtailment of its work under this Agreement. The parties may mutually agree in writing to an earlier termination. In the event of a breach by the Contractor of this Agreement, the City shall have the fight upon thirty (30) days written notice to give notice of its intention to rescind, revoke or terminate the Agreement. During the thirty (30) day notification period, Contractor shall have the right to substantially correct the breach. If a notice of breach is given and the Contractor has not substantially corrected the breach within thirty (30) days of receipt of the written notice, the City shall have the right to terminate this Agreement. A waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of the Contract. A violation of any state or federal law or regulation by Contractor shall be considered a breach of this Contract. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the City. (8) Collateral Contracts: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements, which are made a part of this Agreement by, reference or otherwise, the provisions of this Agreemem shall control. This Contract constitutes the complete terms of agreement between these parties. Any amendments to its terms shall be in writing and signed by all parties. (9) Ai~Diieable Laws: This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or othemtise, by the laws of the Commonwealth of Virginia. (10) ~ Each paragraph and provision of this Agreement is severable from the entire Agreement, and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (11 ) Duplicate Payments or Overpayments: Should Contractor make a claim payment in excess of the amount properly payable or a duplicate payment, absent any fault on the part of the City of Roanoke or fi'aud or willful mi~nconduct on the part of any employee by the City of Roanoke, then Contractor shall, within 30 days of discovery of said overpayment, reimburse the City for such overpayment. (12) ~ The Contractor's undertaking of loss control/safety surveys, inspections, and/or consultations on behalf of the City, should they be desired, shall not constitute a warrant of accident reduction, that any City operations, premises, equipment, or personnel are safe, or that the City is in compliance with every, local, state, federal, or other law, regulation, or industry practice. Page 2 of 5 (13) Hold Harmless: The Conl~actor shall, during the term of the contract, indemni~, defend (to include reasonable attorney's fees), and hold harmless the City and its agents, officers, trustees and employees from all claims or demands as a result of an act or omission by the contractor or his employees, or from Contractor's violation of any law, ordinance, regulation or decree. Contractor shall neither indemnify nor defend the City in those instances where Contractor's acts or omissions are at the direction of the City. (14) Assignment: The rights and obligations under this Service Agreement may not be assigned by either party without the prior written consent of the other party. (15) Compensation: The Contractor shall be paid no more than $33,210 per contract year for the servicing of new claims and no more than $6,790 for the servicing of open claims transferred to the Contractor. All service provided under this contract will cease at its termination. Payments in the amount of $10,000 shall be due quarterly and paid during any contract term as follows: July 1, October 1, January 1, and April 1. Service fees in effect during the current service agreement period will remain in effect for any subsequent period, unless Contractor sends written notice to the City at least one hundred twenty (120) days prior to the expiration date of the current service agreement period of its intent to propose a fee adjustment for the subsequent period. (16) Excluded Costs: All "Allocated Loss Expend" which is defined as other expenses associated with supplementing the administration of claims, but are not included in the Contractor's Service Fees, and are chargeable to the cost of claims and are to be paid directly by the City. Such costs include, but are not limited to: court costs and fees; fees to attorneys; fees to undercover operatives and detectives; the costs of professional or exp~ testimony, opinion, or advice; claimant medical examination fees; costs of reports from government agencies; cc~in medical and vocational rehabilitation costs; and printing or photocopy charges for documents for legal ~gs. (17) Confidential Information: During the term of this Agreement and thereafter, the Contractor shall respect the confidentiality of all confidential data, information, and other such matters entrusted to it in the course of its performance of this Agreement. At the conclusion of the terms of this Agreement, or upon termination thereof, the Contractor shall return to the City all such confidential matters in its possession belonging to the City, and further agrees not to release such information without the express written permission of the City. (18) Insurance and Liem.n~; The ConWactor shall maintain commercial general liability insurance which shall include professional liability insurance, in a minimum amount of $1,000,000. With regards to the commercial general liability coverage, the Contractor's inma-ance certificate shall name the City of Roanoke, its offlce~ eanplo~ and agents as additional insureds and an endorsement to that effect shall be received by th~ City's Office of Risk Management within 30 days of execution of this agreement. In addition, the Contractor shall also obtain and maintain in full force and affect all business, professional and other licenses or permits required under local, state, and federal statutes and regulations. Page 3 of 5 (19) Notices: All notices, requests, consents and other communications by either party, arising out of this Agreement, must be in writing and addressed as follows: If to City: The City of Roanoke Office of Risk Management 215 Church Avenue, SW Room 506 Roanoke, Virginia 24011 If to Contractor:. The Landin Companies 4912 Augusta Ave. Richmond, Virginia 23230 Attention: David Craig Landin President Page 4 of 5 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed bv the following duly authorized officials. ' The City of Roanoke, VA A Municipal Corporation By: Darlene Burcham, City Manager The City of Roanoke, Virginia Attest: Superintendent Mr. Glenn Asher, Risk Manager The City of Roanoke, Virginia Clerk, City of Roanoke, Virginia THE LANDIN COMPANIES l y: David Craig Landin, President The Landin Companies Page 5 of 5 Tabled until regular meeting of Council on August 6, 2001. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Landin, Inc., for the provision of services as a third party administrator for workers' compensation claims for the City, upon certain terms and conditions, and rejecting all other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Landin, Inc., being the most responsible bid received for the provision of services as a third party administrator for workers' compensation claims for the City, such services being more particularly described in the July 16,2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and On behalf of the City, to execute and attest, respectively, a contract with Landin, Inc., upon form approved by the City Attorney, for the services listed above for a period of one (1) year, in an amount not to exceed $40,000.00, with the option to renew for two (2) additional one-year periods, upon such terms and conditions as are more fully set out in the letter to this Council dated July 16, 2001. 3. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. ATTEST: City Clerk. H:XRES\R-Bid-Landin, Inc. (Third Party Admin) (7-16-01) ' CITYOFROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File ff,-45-60-301 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35458-071601 amending and reordaining certain sections of the 2001-2002 General, Water, Sewage, Civic Center, Department of Technology, Materials Control, Management Services, Fleet Management, and Risk Management Funds Appropriations, in connection with reallocation of revenues and appropriations as a result of reassigning Management Services to the Department of Technology and the Department of General Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget Denver D. Roupe, Director of General Services Joe D. Slone, Director of Technology H:~Agenda.01X.luly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35458-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General, Water, Sewage, : Civic Center, Department of Technology, Materials Control, Management Services, Fleet Management, and Risk Management Funds Appropriations, and providing for an emergency. · WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General, Water, Sewage, Civic Center, Department of Technology, Materials Control, Management Services, Fleet Management, and Risk Management Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fun~d Appropriations City Treasurer (1-2) .......................................... $ Clerk of Cimuit Court (3-4) .................................... Juvenile and Domestic Relations Court (5-6) ...................... Magistrates Office (7-8) ....................................... General Distdct Court (9-10) ................................... Circuit Court Judges (11-12) ................................... Commissioner of the Revenue (13-14) .......................... Sheriff (15-16) .............................................. Jail (17-18) ................................................ Commonwealth's Attorney (19-20) .............................. Cost Collections Unit (21-22) .................................. City Council (23-24) ......................................... City Attorney (25-26) ......................................... 1,054,775 1,136,140 30,302 3,895 31,635 27O 303 1,060 675 1,907 487 9,808,025 1,143 010 72 362 258 125 686,520 City Clerk (27-28) ........................................... Real Estate Valuation (29-30) ................................. Board of Equalization (31-32) ................................. Municipal Auditing (33-34) .................................... Director of Finance (35-36) ................................... Billings and Collections (37-38) ................................ Electoral Board (39-40) ...................................... City Manager (41-42) ..... .. ................................... Environmental and I--mergency (43-44) .......................... Economic Development (45-46) ............................... Management and Budget (47-48) .............................. Human Resources (49-50) ................................... Occupational Health (5`1-52) .................................. Communication$-Eg`1 `1 (53-54) ................................ Communications-Radio (55-56) ................................ Purchasing (57-58) ......................................... Director of General Services (59-60) ............................ Courier Services (6`1-80) ..................................... Custodial Services (8'1-82) ................................... Building Maintenance (83-84) ................................. Fire-Administration (85-86) ................................... Fire-Support (87-88) ........................................ Director of Public Works (89-90) ............................... Streets and Traffic (9'1-92) .................................... Traffic En§ineering (93-94) ................................... Solid Waste - Refuse (95-96) ................................. I::ngineering (97-98) ......................................... Building Services (99-`100) ............. : ...................... Planning and Code Enforcement (`10`1-`102) ...................... Neighborhood Partnership (`103-`104) ........................... Recreation (`105-`106) ........................................ Human $ervices (`107-`108) ................................... Income Maintenance (`109-`1 `10) ................................ Social $erviceso$ervices (`1 `1 `1-`1 `12) ............................. Employment Services (`1 '13-`1 `14) ............................... Outreach Detention (`1 `15-`1 '16) ................................. Youth Haven (`1 '17-`1 '18) ...................................... Crisis Intervention ('1 '19-`120) .................................. Police Administration (`12'1 -`122) ................................ Police Patrol (`123-`124) ...................................... Police Services (`125-`126) .................................... Libraries (`127-`128) ......................................... 468,977 926,835 949,511 489,104 2,176,794 3,491,34O 305,311 1,097,729 215,307 600,586 212,977 996,505 1,336 991 2,088,410 521,051 214,095 156,250 59,079 1,063 762 3,352,596 689,834 619,017 164,342 2,873,338 1,384,337 5,676,177 1,455,211 730,107 1,236,653 178,574 2,031,159 131,821 4,859,258 9,001,333 1,283,893 183,220 533,704 532,739 455,261 9,565,616 2,537,859 2,300,197 Revenues Miscellaneous Revenue Miscellaneous (129) .................................... nterfund Billing-Management Serv ces (130) ................... Water Fund Operating Utility Administration (131-139) .............................. Sewa..q~ Fund_ Appropriations Operating Sewage-Administration (140-142) ............................ Civic Center Fund Operating Civic Center Operating (143-145) ............................ Department of Technology Fund Appropriations Operating Department of Technology (146-153) ......................... Revenues Operating Billings to Other Funds (154-165) ............................ Materials Control Fund Appropriations Operating Materials Control (166-168) ................................ $ 567,327 901 7,992 $13,953,658 314,414 $10,841,945 2,429,706. $ 4,536,814 2,340,200 $ 4,273,749 3,303,139 $ 4,183,223 4,183,223 $ 93,052 93,052 Revenues Operating Billings to Other Funds (169-170) .............................. Management Services Fun~ Appropriations Operating Management Services (171-190) .............................. Management Services-Capital Outlay (191) ...................... Revenues Operating Billings to Other Funds (192-203) .............................. Fleet Management Fund ADoroDdations Operating Fleet Management (204-206) ................................. Revenues Operating Billings to Other Funds (207-208) .............................. Risk Management Fund Operating Risk Management (209-211) ................................. Revenues Operating Billings to Other Funds (212-213) ............................. $ 93,052 93,052 $ 0 0 $ 0 0 $ 5,996,486 2,270,291 $ 3,521,341 2,246,341 $ 5,996,486 707,330 $ 9,773,159 2,246,341 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 2O) 21) 22) 23) 24) 25) 26) 27) 28) 29) 3O) 31) 32) 33) 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services' City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems 001-110-1234-7015 001-110-1234-7005 001-120-2111-7015 001-120-2111-7005 001-121-2131-7015 001-121-2131-7005 001-123-2121-7015 001-123-2121-7005 001-124-2120-7015 001-124-2120-7005 001-125-2110-7015 001-125-2110-7005 001-130-1233-7015 001-130-1233-7005 001-140-2140-7015 001-140-2140-7005 001-140-3310-7015 001-140-3310-7005 001-150-2210-7015 001-150-2210-7005 001-150-2211-7015 001-150-2211-7005 001-200-1110-7015 001-200-1110-7005 001-210-1220-7015 001-210-1220-7005 001-220-1120-7015 001-220-1120-7005 001-230-1235-7015 001-230-1235-7005 001-230-1236-7015 001-230-1236-7005 001-240-1240-7015 001-240-1240-7005 001-250-1231-7015 001-250-1231-7005 001-250-1232-7015 001-250-1232-7005 001-260-1310-7015 001-260-1310-7005 001-300-1211-7015 001-300-1211-7005 001-310-1214-7015 001-310-1214-7005 001-310-8120-7015 001-310-8120-7005 ( 566) 298 ( 500) 263 ( 32) 17 ( lO0) 53 (4,000) 2,103 (2,000) 1,051 ( 358) 188 ( 122) 64 ( 232) 122 (5,000) 2,628 ( 75) 39 ( 660) 347 (4,500) 2,366 (16,000) 8,411 (1,000) 526 ( 44) 23 ( 50O) 263 (10,302) 5,415 ( 737) 387 ( 39) 21 (7,000) 3,680 (1,500) 789 (1,598) 84O 47) .48) 49) 50) 51) 52) 53) 54) 55) 56) 57) 58) 59) 6O) 61) 62) 63) 64) 65) 66) 67) 68) 69) 70) 71) 72) 73) 74) 75) 76) 77) 78) 79) 80) 81) 82) 83) 84) 85) Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Salaries Overtime wages Retirement FICA Hospitalization Dental Life. Fees for Professional Services Telephone-Cellular Administrative Supplies Motor Fuels and Lubricants Training and Development Printing Records Management Postage Materials Control Risk Management Vehicle Insurance Premium Fleet Maintenance Depreciation Management Services City Information Systems Management Services City Information Systems Management Services 001-410-1212-7015 001-410-1212-7005 001-420-1261-7015 001-420-1261-7005 001-420-1263-7015 001-420-1263-7005 001-430-4130-7015 001-430.4130-7005 001.430-4170-7015 001.430-4170-7005 001-440-1237-7015 001.440-1237-7005 001.440-1260-7015 001.440-1260-7005 001-440-1617-1002 001-440-1617-1003 001.440-1617-1105 001.440-1617-1120 001-440-1617-1125 001-440-1617-1126 001.440-1617-1130 001-440-1617-2010 001.440-1617-2021 001-440-1617-2030 001-440-1617-2038 001.440-1617-2044 001-440-1617-2075 001-440-1617-2082 001-440-1617-2160 001-440-1617-7010 001-440-1617-7017 001-440-1617-7018 001-440-1617-7025 001-440-1617-9101 001-440-4220-7015 001-440-4220-7005 001.440-4330-7015 001-440-4330-7005 001-520-3211-7015 $( ( ( ( 3,300) 1,735 3,000) 1,577 28) 15 5,500) 2,891 (1,000) 526 ( 943) 496 ( 500) 263 21,937 2,514 1,371 1,871 2,520 202 175 5,000 275 3,500 1,000 3OO 9,000 65 1,500 200 351 298 2,000 5,000 (1,000) 526 (2,0o0) 1,051 (1,000) 86) · 87) 88) 89) 9O) 91) 92) 93) 94) 95) 96) 97) 98) 99) 100) 101) 102) 103) 104) lO5) 106) 107) lO8) 109) 110) 111) 112) 113) 114) 115) 116) 117) 118) 119) 120) 121) 122) 123) 124) 125) 126) 127) 128) 129) City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City. Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Management Services City Information Systems Miscellaneous - General Only 001-520-3211-7005 001-520-3212-7015 001-520-3212-7005 001-530-1280-7015 001-530-1280-7005 001-530-4110-7015 001-530-4110-7005 001-530-4160-7015 001-530-4160-7005 001-530-4210-7015 001-530-4210-7005 001-530-4310-7015 001-530-4310-7005 001-610-3410-7015 001-610-3410-7005 001-610-8110-7015 001-610-8110-7005 001-615-8111-7015 001-615-8111-7005 001-620-7110-7015 001-620-7110-7005 001-630-1270-7015 001-630-1270-7005 001-630-5313-7015 001-630-5313-7005 001-630-5314-7015 001-630-5314-7005 001-630-5316-7015 001-630-5316-7005 001-631-3330-7015 001-631-3330-7005 001-631-3350-7015 001-631-3350-7005 001-631-3360-7015 001-631-3360-7005 001-640-3111-7015 001-640-3111-7005 001-640-3113-7015 001-640-3113-7005 001-640-3114-7015 001-640-3114-7005 001-650-7310-7015 001-650-7310-7005 001-110-1234-0859 526 ( 5oo) 263 ( 4o5) 213 (2,500) 1,314 (3,000) 1,577 (4,800) 2,523 (3,OOO) 1,577 ( 5OO) 263 ( 553) 291 ( 2oo) 105 (4,000) 2,103 (1,500) 789 ( 50o) 263 ( 347) 182 ( 286) 150 ( 25) 13 ( 15o) 79 ( 150) 79 ( 50) 26 (1,ooo) 526 (6,50o) 3,147 ( 700) 368 901 130) 131) 132) 133) 134) 135) 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) 148) 149) 15o) 151) 152) 153) 154) 155) 156) 157) Interfund Billings- Management Services Management Services General- Management Services City Information Systems Management Services General- Management Services City Information Systems Management Services General- Management Services City Information Systems Management Services General- Management Services City Information Systems Management Services General- Management Services City Information Systems Management Services General- Management Services City Information Systems Maintenance Contracts Administrative Supplies Training and Development Records Management Depreciation General Fund Water Fund Sewage Fund Civic Center Fund 001-110-1234-0899 002-510-1250-7015 002-510-1250-7022 002-510-1250-7005 002-510-2160-7015 002-510-2160-7022 002-510-2160-7005 002-510-2625-7015 002-510-2625-7022 002-510-2625-7005 003-510-3150-7015 003-510-3150-7022 003-510-3150-7005 005-550-2105-7015 005-550-2105-7022 005-550-2105-7005 013-430-1601-7015 013-430-1601-7022 013-430-1601-7005 013-430-1601-2005 013-430-1601-2030 013-430-1601-2044 013-430-1601-2082 013-430-1601-9101 013-110-1234-0952 013-110-1234-0953 013-110-1234-0954 013-110-1234-0956 $ ( 7,992 2,000) 949 1,051 (1,500) 711 789 (4,000) 1,897 2,103 (2,500) 1,186 1,314 ( 250) 119 131 ( 500) 237 263 26,130 15,650 200 9,583 13,910 55,617 3,943 1,314 131 158) Capital Fund o159) CIS Fund 160) Material Control Fund 161) Fleet Management Fund 162) FDETC 163) Grant Fund 164) Outside 3rd Parties 165) Risk Management 166) Management Services 167) General- Management Services 168) City Information Systems 169) Management Services Fund 170) General Fund 171) Salaries 172) Overtime wages 173) Retirement 174) FICA 175) Hospitalization 176) Dental 177) Life 178) Maintenance Contracts 179) Fees for Professional Services 180) Telephone-Cellular 181) Administrative Supplies 182) Motor Fuels and Lubricants 183) Training and Development 184) Printing 185) Records Management 186) Postage 187) Materials Control 188) Risk Management 189) Vehicle Insurance Premium 190) Fleet Maintenance 191) Depreciation 192) General Fund 013-110-1234-0959 013-110-1234-0962 013-110-1234-0963 013-110-1234-0966 013-110-1234-0970 013-110-1234-0971 013-110-1234-1104 013-110-1234-1143 014-440-1613-7015 014-440-1613-7022 014-440-1613-7005 014-110-1234-0964 014-110-1234-0952 015-410-1617-1002 015-410-1617-1003 015-410-1617-1105 015-410-1617-1120 015-410-1617-1125 015-410-1617-1126 015-410-1617-1130 015-410-1617-2005 015-410-1617-2010 015-410-1617-2021 015-410-1617-2030 015-410-1617-2038 015-410-1617-2044 015-410-1617-2075 015-410-1617-2082 015-410-1617-2160 015-410-1617-7010 015-410-1617-7017 015-410-1617-7018 015-410-1617-7025 015-410-1617-9101 015-110-1234-0952 ( ( ( (1 158 263 631 631 105 ,577 999 105 1,200) 569 631 2OO 200) 21,937) 2,514) 1,371) 1,871) 2,520) 202) 175) 26,130) 5,000) 275) 19,150) 1,ooo) 5oo) 9,00o) 9,648) 1,500) 20o) 351) 298) 2,000) 18,910) 05,802) 193) Water Fund 194) Sewage Fund 195) Civic Center Fund 196) Capital Fund 197) ClS Fund 198) Material Control Fund 199) Fleet Management Fund 200) FDETC 201) Grant Fund 202) Outside 3rd Parties 203) Risk Management 204) Management Services Fund 205) General- Management Services 206) City Information Systems 207) Management Services Fund 208) General Fund 209) Management Services 210) General- Management Services 211 ) City Information Systems 212) Management Services Fund 213) General Fund 015-110-1234-0953 $ ( 7,500) 015-110-1234-0954 ( 2,500) 015-110-1234-0956 ( 250) 015-110-1234-0959 ( 300) 015-110-1234-0962 ( 500) 015-1'10-1234-0963 ( 1,200) 015-110-1234-0966 ( 1,200) 015-110-1234-0970 ( 200) 015-110-1234-0971 ( 3,000) 015-110-1234-1104 ( 1,900) 015-110-1234-1143 ( 200) 017-440-2641-7015 ( 1,200) 017-440-2641-7022 569 017-440-2641-7005 631 017-110-1234-0964 2,000 017-110-1234-0952 ( 2,000) 019-420-1262-7015 ( 200) 019-420-1262-7022 95 019-420-1262-7005 105 019-110-1234-0964 019-110-1234-0952 649 ( 649) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.2. Office of the City Manager July 16, 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: Reassigning Management Services Background: The Management Services fund provides the organizational support services for photocopying, postage, printing and courier services. Responsibility for Management Services currently lies with the Department of Management and Budget (DMB). However, DMB's approved strategic business plan reassigns the responsibilities of the Management Services fund to other departments as follows: · Courier, mail processing and printing activities is reassigned to the Department of General Services; and · Photocopying is reassigned to the Department of Technology due to the impending convergence of photocopying and printer technology. The Department of Management and Budget's mission is to enhance the effectiveness of City government by addressing strategic goals, meeting ongoing services needs and implementing management practices and budget strategies that will effectively allocate available resources. These reassignments of responsibilities will allow DMB staff to focus their efforts on key businesses and business activities that will help achieve the department's mission and, in effect, create more oversight of the functions to be transferred since they will become "mission critical" in the department where they are assigned. Budget adjustments are necessary to reassign Management Services to the departments indicated. These adjustments will also simplify the accounting system by eliminating one existing operating fund. 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 July 16, 2001 Page 2 Recommended Action: Adopt the budget ordinance to reallocate revenues and appropriations from the Management Services fund to the Departments of General Services and Technology. Respectfully submitted, Darlene L. ~ City Manager DLB:afs C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Barry L. Key, Director of Management and Budget James D. Grisso, Director of Finance Doc Roupe, Director of General Services Joe Slone, Director of Technology #CM01-00144 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 July 18, 2001 File #60-67 STEPHANIE M. MOON Deputy City Clerk Kenneth McNeil, President McNeil Asphalt Maintenance, Inc. P. O. Box 20268 Roanoke, Virginia 24018 Dear Mr. McNeil: I am enclosing copy of Ordinance No. 35460-071601 accepting the bid of McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts for Parks and Grounds Maintenance, upon certain terms and conditions, at a total cost of $99,900.00; and rejecting all other bids. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation Robert L. White, Manager, Purchasing H:~Agenda.01~Juiy 16, 2001 correspondenc.wpd July 18, 2001 File #60-67 Tommy L. Jennings, President Appalachian Asphalt Maintenance 355 Primitive Acres Lane Boones Mill, Virginia 24065 Lawrence Bemath, President Court Works 1719 Wilbur Road, S. W. Roanoke, Virginia 24015 Gentlemen: I am enclosing copy of Ordinance No. 35460-071601 accepting the bid of McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts for Parks and Grounds Maintenance, upon certain terms and conditions, at a total cost of $99,900.00; and rejecting all other bids. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. On behalf of the City of Roanoke, thank you for submitting your bids on the abovereferenced project. Sincerely, MFP:mh Enclosure Mary F. Parker, CMC City Clerk H:L~genda.01Uuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35460-071601. AN ORDINANCE accepting the bid of McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts for Parks and Grounds Maintenance, upon certain terms and conditions; and rejecting all other bids made for such items; and providing for an emergency. BE IT ORDAINED by this Council of the City of Roanoke that: 1. The bid submitted by McNeil Asphalt Maintenance, Inc., to repair, resurface and restripe tennis and basketball courts at a total cost of $99,900.00 is hereby ACCEPTED, as set forth in the City Manager's letter to Council dated July 16, 2001. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement 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 govemment, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk H: \0 RD-OEI~O- Bid-Tenni*-Ilas~.-C~:mm (7-16-01) . CITY OFROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-67 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35459-071601 amending and reordaining certain sections of the 2001-2002 General and Capital Projects Funds Appropriations, in connection with appropriation of $99,900.00 to repair, resurface, and restripe tennis and basketball courts for Parks and Grounds Maintenance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Mary F. Parker, CMC City Clerk MFP:mh Attachment pc~ Darlene L. Burcham, City Manager Wanda B. Reed, Acting Director of Parks and Recreation Robert L. White, Manager, Purchasing H:'~,genda.01Xduly 16, 2901 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35459-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Capital Projects Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. . THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,698,286 Transfers to Other Funds (1) ................................. 65,929,619 Fund Balance Reserved for CMERP - City (2) ............................... $ Capital Projects Fund Appropriations Parks, Recreation, and Cultural $ Repair, Restdpe and Resurface Tennis/Basketball Courts (3) ....... Revenues Nonoperating $ Transfers from Other Funds (4) .............................. 216,400 8,337,561 99,900 3,294,900 3,294,900 1 ) Transfer to Capital Projects Fund 2) Reserved for ° CMERP - City 3) Appropriated from General Revenue 4) Transfer from General Fund (001-250-9310-9508) (001-3323) (008-620-9756-9003) (008-110-1234-1037) 99,900 (99,900) 99,900 99,900 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.3. Office of the City Manager JulyL;~6, 200'~1i ,, , ,.~, 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: Repair, Resurface and Restripe Tennis and Basketball Courts Bid No. 01-06-26 Background: On October 2, 2001, City Council concurred with the funding recommendations for the FY 00-01 Capital Maintenance and Equipment Replacement Program (CMERP). CMERP is used to fund equipment purchases, maintenance and other one-time priority purchases. The need has been identified to resurface, repair and restripe various tennis and basketball courts for Parks and Grounds Maintenance. City Council's approval is required for the appropriation of funds from CMERP to allow for the acquisition of these services. Considerations: Bids were requested after due and proper advertisement. Three (3) bids were received and evaluated in a consistent manner. McNeil Asphalt Maintenance, Inc., Roanoke, Virginia was the Iow responsive and responsible bidder and meets the required specifications. 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 July 16, 2001 Page 2 Recommended Action: City Council approve the budget ordinance to appropriate $99,900.00 from prior fiscal year's CMERP to an account in the Capital Projects Fund entitled "Repair, Restripe and Resurface Tennis/Basketball Courts". Authorize the City Manager to accept the bid from McNeil Asphalt Maintenance, Inc. of Roanoke, Virginia for a total cost of $99,900.00 and reject all other bids. Respectfully submitted, Darlene L. B~ City Manager DLB: bdf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation Robert L. White, Manager, Purchasing CM01-00146 Tennis and Basketball Courts to be Repaired: Garden City- tennis -~ in-line Grandin Road Raleigh Court- 2 tennis Raleigh Court- basketball Wasena Norwich Golden Washington Park Washington Park- 4 tennis Eureka - tennis Huff- 4 tennis Highland Morningside -in-line hockey Preston - tennis Lakewood - basketball hockey MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanokc.va.us July 18, 2001 File #5-60-70-472 STEPHANIE M. MOON Deputy City Clerk GTSl David Hoy, Saies Director 3901 Stonecroft Boulevard Chantilly, Virginia 20151 Robert M. Newman, Account Executive Motorola, Inc. 5142 Norseman Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Hoy and Mr. Newman: I am enclosing copy of Resolution No. 35462-071601 accepting the bids of GTSI Corporation for the purchase of mobile computers and Motorola, Inc., for the purchase of vehicle radio modems and test messengers for use by the Police and Fire Departments, 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, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Joe D. Slone, Director of Technology Barry L. Key, Director, Management and Budget Robert L. White, Manager, Purchasing H:~,Agenda.01~Iuly 16, 2001 correspondenc.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.roanokc.va.us July 18, 2001 File #5-60-70-472 STEPHANIE M. MOON Deputy City Clerk Megabyte Business Systems DataLux Digital Support Corporation Data 911 Ladies and Gentlemen: I am enclosing copy of Resolution No. 35462-071601 accepting the bids of GTSI Corporation for the purchase of mobile computers and Motorola, Inc., for the purchase of vehicle radio modems and test messengers for use by the Police and Fire Departments, 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, July 16, 2001. On behalf of the City of Roanoke, thank you for submitting your bids for the purchase of mobile computers, vehicle radio modems and test messengers. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Joe D. Slone, .Director of Technology Barry L. Key, Director, Management and Budget Robert L. White, Manager, Purchasing H:kAgenda.01kluly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA, The 16th day of July, 2001. No. 35462-071601. A RESOLUTION accepting the bid of GTSI Corporation for the purchase of mobile computers and accepting the bid of Motorola, Inc., for the purchase of vehicle radio modems and test messengers, upon certain terms and conditions, and awarding contracts therefor; authorizing the proper City officials to execute the requisite contracts for such items; and rejecting all other bids made to the City for the items. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of GTSI Corporation to provide mobile computers, mounts, operating system soft-ware and extended warranty at a cost of $5,406 per unit, as is set forth in the letter to this Council dated July 16, 2001, and as provided in the bid documents on file in the Department of Purchasing, such bid being in full compliance with the City's specifications made therefor, is hereby ACCEPTED. 2. The bid of Motorola, Inc., to provide vehicle radio modems and test messengers required to operate the mobile computers at a cost of $3,097 per unit, as is set forth in the letter to this Council dated July 16, 2001, and as provided in the bid documents on file in the Department of Purchasing, such bid being in full compliance with the City's specifications made therefor, is hereby ACCEPTED. 3. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders therefor, incorporating into such orders the City's specifications, the terms of such bidder's proposal and the terms and provisions of this resolution 4. 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: City Clerk. H:'~IraASUR.ES~-G. TSi & Mc. lorola (7.16-.~)1) ' CITYOFROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #5-60-70-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35461-071601 amending and reordaining certain sections of the 2001-2002 Department of Technology Fund Appropriations, transferring funds in connection with purchasing mobile computers, vehicle radio modems and test messengers for the Police and Fire Departments. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Joe D. Slone, Director of Technology Barry L. Key, Director, Management and Budget Robert L. White, Manager, Purchasing H:kAgenda.01kluly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35461-071601. ORDINANCE to AN amend and reordain certain sections of the 2001-2002 Department of Technology 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 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporopfiations Capital Outlay $ 9,316,145 Public Safety Automation (1) ................................. 3,514,334 Retained Eamin,qs Retained Earnings - Available for Appropriation (2) ............... $ -0- 1 ) Other Equipment (013-052-9831-9015) $153,054 2) Retained Earnings - Available for Appropriation (013-3348) (153,054) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.4. Office of the City Manager July 16, 2001 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 Council: Subject: Bids for Mobile Computers for Public Safety Applications Bid No. 01-05-01 ~ Background: The City currently has 58 Keyboard Data Terminals (KDTs) that are in use in vehicles of the Police (54) and Fire Departments (4). These KDTs are no longer in production by Motorola and replacement parts are no longer manufactured. Advances in technology offer the City the opportunity to employ mobile computers that increase Police Officer safety and efficiency. Evaluation of the current technology and the objectives set forth by the Public Safety Team made the Panasonic CF28 the preferred mobile computer by the City of Roanoke. The City, Roanoke County, and the Town of Vinton all participated in a Request For Quotation for mobile computers and required accessories. Vendors offering the Panasonic CF28 as well as vendors that offer comparatively designed mobile computers were invited to submit competitive bids. This RFQ was released on May 1,2001 and opened on May 16, 2001. Considerations: Eight (8) bids were received and evaluated in a consistent manner. Not all bids met City specifications as described in the RFQ. The bids were evaluated by a team consisting of members of the City's Police Department, Department of Technology, Radio Shop, and E-911 Center as well as Roanoke County's Police Department. The evaluation revealed that GTSI Corporation's (Chantilly, Virginia) bid of $5406 per mobile computer, mount, operating system software and extended warranty was the Iow bid offered. 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 City Council July 16, 2001 Page 2 The Vehicle Radio Modem and Text Messenger required to operate the mobile computers were bid on only by Motorola, Inc. at a price of $3,097 per unit. At a total cost per unit of $8503, funding totaling $340,120 is in account 013-052- 9831-9203 for the purchase of forty (40) mobile computers and required components. The remaining eighteen (18) units costing $153,054 will be funded from the Department of Technology's prior years retained earnings. Recommended Action: 1. Accept the bid of GTSl Corporation for the purchase of mobile computers per the details of the bid response dated May 16, 2001. 2. Accept the bid of Motorola for the purchase of the Vehicle Radio Modems and Text Messenger per the details of the bid response dated May 16, 2001. 3. Reject all other bid responses. 4. Authorize the City Manager to sign all necessary forms and agreements with GTSI Corporation of Chantilly, Virginia and Motorola, Inc., in response to RFQ 01-05-01. 5. Appropriate funding of $153,054 from Department of Technology Retained Earnings to account 013-430-1602-9015. Respectfully submitted, Darlene L. Bu ~r~'ham City Manager DLB: bdf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Joe D. Slone, Director of Technology Barry L. Key, Manager, OMB Robert L. White, Manager, Purchasing CM01-00118 · CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-301-472 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, July 16, 2001, the question of including line items in the City's fiscal year budget for technology upgrades, vehicle replacement and other items was referred to the City Manager and to fiscal year 2001-02 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget H:~Agenda.01XJuly 16, 2001 correspondenc.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: clctk~ci.roanoke.va.us July 18, 2001 File #20-472-514 STEPHANIE M. MOON Deputy City Clerk Carl Steinman, General Manager Contractors Supply 621 Ashlawn Street, S. W. Roanoke, Virginia 24015 Wayne E. Williams, Sales Consultant Magic City Motor Corporation 809 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Steinman and Mr. Williams: I am enclosing copy of Resolution No. 35463-071601 accepting your bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made to the City for such equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance James A. McClung, Manager, Fleet Management Robert L. White, Manager, Purchasing H:~Agenda.0DJuly 16, 2001 correspondenc.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: ¢lerlag¢i.roanoke.va.us July 18, 2001 File #20-472-514 STEPHANIE M. MOON Deputy City Clerk Highway Motors, Inc. General Truck Body Company, Inc. Truck Body Corporation Dale's Garage Virginia Truck Center, Inc. Mid-State Equipment Company, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 35463-071601 accepting the bids of Magic City Motor Corp. and Roanoke Welding Co., for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made to the City for such equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. On behalf of the City of Roanoke, thank you for submitting your bids for the abovereferenced vehicular equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure H:LAgenda.0 IX July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35463-071601. A RESOLUTION accepting certain bids for the purchase of trucks and related equipment, upon certain terms and conditions, and rejecting all other bids made for such equipment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Quantity Description Successful Bidder Purchase Price 2 2 ~ - Ton chassis Magic City Motor Corp. $ 73,080.00 Roanoke, Va. 2 10 - Ton chassis Magic City Motor Corp., $ 90,666.00 Roanoke, Va. 1 15 - Ton chassis Magic City Motor Corp. $ 53,892.00 Roanoke, Va. 2 2 ~ - Ton dump body Roanoke Welding Company, $ 7,790.00 Roanoke Va. 2 10 - Ton dump body Roanoke Welding Company, $ 8,930.00 Roanoke Va. 1 15 - Ton dump body Roanoke Welding Company, $ 7,200.00 Roanoke Va. 2. The City's Manager of Purchasing is hereby authorized to issue any requisite purchase orders therefore, incorporating into such orders the City's specifications, the terms of such bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid equipment 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: City Clerk. H:'~RES'xR.-Bid-VchEquip (Bid 014602) (7-16-01) 5.a.5. Office of the City Manager July 16, 2001 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: Trucks and Related Equipment Bid No. 01-06-02 Background: Capital Maintenance and Equipment Replacement Program (CMERP) for the prior year identified the need to replace two (2) 2 ~ ton dump trucks, two (2) 10 ton dump trucks and one (1) 15 ton dump truck in Streets and Traffic. Considerations: Bids were requested after due and proper advertisement. Eight (8) bids were received. The lowest responsive and responsible bid submitted on all chassis was Magic City Motor Corporation, Roanoke, Virginia at a unit cost of $36,540.00 for the 2 ~ ton chassis, $45,333.0 for the 10 ton chassis and $53,892.00 for the 15 ton chassis for a total cost of $217,638.00. The lowest responsive and responsible bid submitted on all dump bodies Roanoke Welding Company, Roanoke, Virginia at a unit cost of $3,895.00 for the 2 ~ ton dump body, $4,465.00 the 10 ton dump body and $7,200.00 for the 15 ton dump body for a total cost of $23,920.00. Funding is available from the SunTrust Lease of Vehicle account #017-440-9851-9015. 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 July 16, 2001 Page 2 Recommended Action: Award the bids as set forth above and authorize the issuance of purchase orders for a total of $241,558.00 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 James A. McClung, Manager, Fleet Management Robert L. White, Manager, Purchasing #CM01-00148 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #5-80-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35464-071601 authorizing the City Manager to accept the donation of exercise equipment, valued at $20,000.00, from the Roanoke Association Chapter of the Virginia Police Benevolent Association, to be used in the City's new Police building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. ,r, City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development A. L. Gaskins, Police Chief H:'xAgenda.01XJuly 16, 2001 correspondenc.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: clcrk~ci.roanokc.va.us July 18, 2001 File #5-80-472 STEPHANIE M. MOON Deputy City Clerk Robert E. Chandlar, Jr., President Roanoke Association Chapter of the Police Benevolent Association, Inc. P. O. Box 12384 Roanoke, Virginia 24025 Dear Mr. Chandlar: I am enclosing copy of Resolution No. 35464-071601 authorizing the City Manager to accept the donation of exercise equipment, valued at $20,000.00, from the Roanoke Association Chapter of the Virginia Police Benevolent Association, to be used in the City's new Police building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. On behalf of the City of Roanoke, thank you for your generous donation. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure Hg, Agenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35464-071601. A RESOLUTION authorizing the City Manager to accept the donation of exercise equipment, valued at $20,000, for the Police Department's new building fi.om the Roanoke Association Chapter of the Virginia Police Benevolent Association, and expressing appreciation for the donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to accept the donation of exercise equipment, valued at $20,000, for the Police Department's new building fi.om the Roanoke Association Chapter of the Virginia Police Benevolem Association. 2. This Council expresses its appreciation to the Roanoke Association Chapter of the Virginia Police Benevolent Association for its donation. 3. The City Clerk is directed to forward an attested copy of this resolution to the Roanoke Association Chapter of the Virginia Police Benevolent Association. ATTEST: City Clerk 5.a.6. Office of the City Manager July 16, 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 and Members of City Council: Subject: Donation of Exercise Equipment Background: The Roanoke City Police Department's new building at 348 West Campbell is nearing completion. Funding for this building did not include exercise equipment for a fitness room on the second floor. The Roanoke Association Chapter of the Virginia Police Benevolent Association (PBA) has offered to donate $20,000 toward the purchase of exercise equipment for this room. This would be new equipment, including a treadmill for cardiovascular exercise as well as free weights, benches, and protective pads for the floor. There would be no restrictions on use of the donated equipment by any Police Department employee, and the only PBA request is that a plaque be installed in the room to acknowledge the donation. City Code Section 2-263 requires Council action to approve acceptance of gifts exceeding $5,000 in value. Recommended Action: Council authorize acceptance of exercise equipment, valued at $20,000, from the Roanoke Association Chapter of the Virginia Police Benevolent Association, Inc., and express appreciation for the same. Respectfully submitted, Darlene L. Bur~ City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Chief A. L. Gaskins, Police Room 364 Municipal South 215 Church ^venue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci .roanoke,va .us #CM01-00139 (540) 853-2333 FAX (540) 853-1138 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-236-240 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35466-071601 accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry, in the amount of $10,000.00 as more particularly set forth in your report dated July 16, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation HSAgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35466-071601. A RESOLUTION accepting the Urban and Community Forestry Grant from the Virginia Department of Forestry. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Urban and Community Forestry Grant from the Virginia Department of Forestry in the amount of $10,000.00, as more particularly set forth in the City Manager's letter dated July 16, 2001, to this Council. 2. The City Manager is authorized to execute the necessary agreement, or other related documents, with the Virginia Department of Forestry for the City's acceptance of this grant, upon form approved by the City Attorney. ATTEST: City Clerk. H: XR. ES',R.-Cm'ant - Fo*esl~ {7-16-01) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-236-240 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35465-071601 amending and reordaining certain sections of the 2001-2002 General and Grant Funds Appropriations, in connection with acceptance of the Urban and Community Forestry Grant from the Virginia Department of Forestry. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Wanda B. Reed, Acting Director of Parks and Recreation HSAgenda.01~July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35465-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General and Grant Funds Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental Transfer to Other Funds (1) ................................ Public Works Parks and Grounds Maintenance (2) ......................... $ 66,701,960 65,933,293 $ 22,848,080 3,943,703 Grant Fund Appropriations Parks, Recreation and Cultural Urban and Community Forestry Grant (3) ..................... $ 18,674 13,674 Revenues Parks, Recreation and Cultural Urban and Community Forestry Grant (4-5) ................... $ 18,674 13,674 1 ) Transfer to Grant Fund (001-250-9310-9535) $ 3,674 2) Supplies - Trees (001-620-4340-3004) (3,674) 3) Urban and Community Forestry Grant 4) Federal Grant Receipts 5) Local Match (035-620-4341-3004) (035-620-4341-4341 ) (035-620-4341-4342) 13,674 10,000 3,674 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.7. Office of the City Manager July 16, 2001 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: Urban and Community Forestry Grant Background: City staff identified a $10,000 Urban and Community Forestry Grant available to communities through the Virginia Department of Forestry. Application for the grant was made through a proposal entitled "Demonstration Project: Central City Tree Planting". This project is needed because tree replacement in Roanoke's central city neighborhoods has not kept pace with other urban neighborhoods. The Virginia Department of Forestry notified the City of Roanoke on June 5, 2001, that a grant of $10,000 has been awarded to the City of Roanoke for this project. Considerations: The Urban and Community Forestry Grant is a federal grant, sponsored by the U.S. Forest Service and administered by the Virginia Department of Forestry. Funds are awarded on a reimbursement basis after verification of match. The grant requires a 50% local match, Sufficient matching funding was identified using $3,674 funds from Supplies-Trees Account #001-053-4340-3004, a Parks and Grounds operating budget account, and $6,326 in kind match using department labor and equipment costs. The $10,000 grant award funding will be used to purchase an estimated 50 trees at an estimated price of $200 each. These trees will be purchased, planted and guaranteed by a professional landscaping company. As part of this project, the city will also purchase 50 wholesale trees and will plant them using city labor and equipment. All trees will 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 July 16, 2001 Page 2 be planted in central city neighborhoods in cooperation with neighborhood organizations. Request for reimbursement of $10,000 will be submitted following the completion of the project in Spring 2002. The time of performance is July 1, 2001 through May 15, 2002. Recommended Action: Accept the Urban and Community Forestry Grant and authorize the City Manager to execute any required grant agreement, or other related documents, such agreement to be approved as to form by the City Attorney, and appropriate $13,674 in federal and local cash match funding in accounts to be established in the Grant Fund by the Director of Finance. The in-kind match of $6,326 will be accounted for in the Parks and Grounds operating budget. Authorize the establishment of corresponding revenue estimates in the Grant Fund as well. Respectfully submitted, City Manager DLB:kaj Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation #CM01-00145 JAMES W. S~ate Fore.er COMMONWEALTH o[ VIRGINIA DEPARTMENT OF FORESTRY Fontaine Research Park 900 Natural Resources Drive Post Office Box 3758 Charlottesville, Virginia 22903-0758 804-977-6555 (V/TDD) FAX 804-296-2369 June 5, 2001 Dan Henry City of Roanoke 210 Reserve Avenue Roanoke, Virginia 24016 Dear UCF Grant Recipient: On behalf of the Virginia Department of Forestry, and the U. S. Forest Service, it is my pleasure to notify you that a grant of $10,000 has been awarded to City of Roanoke for its Demonstration Project: Central City Tree Planting proposal. This award represents a full award of your original request. Your project has been assigned project number 01UCF68 which should be used in future correspondence. Your organization is to be commended for taking advantage of this program to enhance urban forestry efforts in your community or organization. Enclosed is a package containing paperwork required to activate the grant. Please fill out these forms and return within 30 days of the date of this letter, ffyour paperwork is not received in this time period, funds will be awarded to another project (we will allow an extension if you notify us with a valid reason for the delay). Also enclosed is a package containing the forms (Request for Reimbursement) that must be submitted to be reimbursed for project expenses. Please read the instructions provided for completing these forms. Also please read page 3-section 14 of the Memorandum of Agreement document that describes your record keeping and expense documentation responsibilities. We cannot reimburse your organization for expenses without proper expense documentation! All of the enclosed paperwork and future correspondence regarding your grant project should be directed to: U & CF Program, c/o Department of Forestry, 900 Natural Resources Drive, Suite 800, Charlottesville, Virginia 22903. If you have any questions or need further assistance, please feel free to contact me at (804) 977-6555. Congratulations on your grant award. I wish you every success in the implementation of your project. Sincerely, Paul F. Revell Urban Forestry Coordinator Mission: "We Protect and Develop Healthy, Sustainable Forest Resources for Virginians." U&CF ASSISTANCE GRANT PROGRAM MEMORANDUM OF AGREEMENT GRANT NO.01UCF This agreement made this ~ day of referred to as "Party of the First Part" ,2001 by and between the Department of Forestry, herein and City of Roanoke , herein referred to as "Party of the Second Part" The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the U&CF Assistance Grant Program, sponsored by the U. S. Forest Service (Catalog of Federal Domestic Assistance (CFDA) Number 10-664) agree as follows: (1) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part set forth in its Urban & Community Forestry Assistance proposal. (2) TIME OF PERFORMANCE: The service of the Party of the Second Part shall commence on .July 1, 2001 and shall terminate on May 15, 2002. All time limits stated are of the essence of this agreement. (3) COMPENSATION: The Party of the Second Part shall be paid by the Party of the First Part as set forth in ATTACHMENT A. Funds will be transferred to the Party of the Second Part upon receipt of quarterly billings. The Party of the Second Part shall spend the funds according to the specified categories of the contract budget. Minor shifts of the funds among categories not to exceed 10 percent may be permitted by the Party of the First Part, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds among budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. (4) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish, or otherwise make available to the Party of the Second Part, copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (5) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore, the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (6) INTEGRATION AND MODIFICATION: Pa~ 2 This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. (7) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 6__0 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part shall have the right immediately to rescind, revoke or terminate the agreement. In the alternative the Party of the First Part may give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. Ifa notice of breach is given and the Party of the Second Part has not substantially corrected the breach within the sixty (60) days of receipt of the written notice, the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination, all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (8) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. (9) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in ali solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part, will state that such Party of the Second Part is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Page 3 (10) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the Commonwealth of Virginia. (11 ) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (12) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties, the Agency shall have the right to terminate this agreement without liability, or, in its discretion or otherwise recover, the full amount of said prohibition fee, commission, percentage, brokerage fee, gift or contingent fee. (13) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (14) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five (5) years after final payment, or until audited by the Commonwealth of Virginia, whichever is later. The Party of the First Part, its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. Source documentation such as canceled checks (include copies of both front and back), paid bills, payrolls, time and attendance record (itemizing time spent on U&CF Assistance grant project), contracts, etc. will be submitted with the "Request for Funds". Invoices will be marked "PAID" and referenced as to how payment was made (i.e. check number). The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit Organizations: Cost Principles, OMB CIR A-122 Admin. Regulations, OBM CIR A-110 Audits, OMB CIR-A-133 State and Local Governments: Cost Principles, OMB CIR A-87 Admin. Regulations, OMB CIR-A- 102 (Rev.) Audits, OMB CIR A-133 Pa~ 4 Universities: Cost Principles, OMB CIR-A-21 Admin. Regulations, OMB CIR A- 110 Audits, OMB CIR A-133 (15) QUARTERLY REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. The schedule for submittal of the performance reports shall be as follows: SUBMITTAL DATE PERIOD COVERED Novemberl,2001 February 1,2002 May 1, 2002 June 1, 2002 July 15, 2001 - September 30, 2001 October 1,2001- December 31, 2001 January 1 - March 31, 2002 April 1- May 15, 2002 In witness whereof the parties have Caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART City of Roanoke This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY: TITLE: City Manager AGENCY: City of Roanoke BY: TITLE: State Forester Virginia Department of Forestry DATE: DATE: ATTACHMENT A PA YMENT PR OCESS The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with a payment schedule agreed to in advance. Grantees must file a request for payment and send records of expenditures along with documented costs to the Virginia Department of Forestry. The UCF Program Administrator will evaluate the progress of the project to determine eligibility for full funding. FEDERAL AND STATE REGULATIONS Grantees must comply with all Federal regulations pertaining to Federal grants. Grantees are referred to OMB Circulars A-102 and A-110 which are the uniform administration requirements. Grantees are also referred to Section 3015, 3016, and 3017 of the Code of Federal Regulations and to cost principles outlined in OMB Circulars A- 21, A-87, and A-122. Copies of these documents may be obtained from the Virginia Department of Forestry UCF Program Administrator upon request. Grantees must certify that they are not debarred from this grant program. Grantees should not conduct business with individuals or organizations debarred from Federal grant projects. Applicants must document project approval by the authorized representative of the local governing body, organization or institution applying for the grant. State and local government agencies must adhere to guidelines of the "Agency Procurement Manual" (January 1990) as required in Section 2.1-442 of the Code of Virginia. RECORD KEEPING REQUIREMENTS Records will be maintained according to all Federal regulations. The financial management system of the grantees shall meet the following standards: · Records shall comply with generally accepted accounting principles. · Records will document allowable costs. Records will be supported by source documentation, such as canceled checks, paid bills, payrolls, time and attendance records, contracts, etc. Invoices must be marked paid and be referenced as to how payment was made (i.e., check number). Records will be maintained for three years following final payment Substitute Form W-9 VIRGINIA DEPARTMENT OF FORESTRY 12/0112000 (.ov. lg~o) fsubwgpo.dot REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS - FAILURE TO RETURN MAY RESULT IN 3t% BACKUP WITHHOLDING Each person or organization doing business with the Commonwealth. of Virginia must provide the following information. ORGANIZATION ENTITY: (CHECK ONLY ONE) [] INDIVIDUAL [] NON-PROFIT ORGANIZATION [] SOLE PROPRIETOR [] FEDERAL AGENCY [] PARTNERSHIP [] STA:rEAGENCY [] CORPORATION [] LOCAL GOVERNMENT [] TRUST [] POLITICALSUBDIVlSION [] ESTATE [] OTHER ENTER THE FOLLOWING: LEGAL NAME City of Roanoke (MUST MATCH THE SOCIAL SECURITY NUMBER, IF APPLICABLE} SOCIAL SECURITY NUMBER And I Or EMPLOYER IDENTIFICATION NUMBER 54-6001569 TRADE NAME (MUST MATCH THE EMPLOYER IDENT]RCATION NUMBER, IF APPLICABLE} MAILING ADDRESS CONTACT PERSON TELEPHONE NUMBER PLEASE ANSWER THE FOLLOWING QUESTIONS: IS YOUR ORGANIZATION (ASSOCIATION, CLUB, REUGIOUS, CHARITABLE, EDUCATIONAL, OR OTHER GROUP) TAX EXEMPT UNDER IRS CODE SECTION 501(A)? I-lYES {-}NO ARE YOU AREALESTATEAGENT? [] YES J~ NO CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT: (1) The number(s) shown on this form is my correct taxpayer identification number(s) (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. [You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. (see Signing the Certification under Specific Instructions on the Form W-9 Instructions which follow.) ] SIGNATURE DATE Return this form to Virginia Department of Forestry 900 Natural Resources Drive, Suite 800, Charlottesville, VA 22903 E-7 Fo~m 31 VIRGINIA DEPARTMENT OF FORESTRY page 1 12/0112000 prescribed by OMB fO31_po.dot APPLICATION FOR FEDERAL ASSISTANCE CircularA-102) APPLICATION FOR 2. DATE SUBMITTED Applicantldenti~er FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplication l-]Construction I-]Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 15~ Non-Construction [:]Non-Construction 5. APPLICANT INFORMATION Legal Name: City of :Roanoke Organizational Unit: Parks and :Recreation Address (give city, county, state, and zip code) Name and telephone number of the person to be contacted on matters involving this application (give ama code) 210 Reserve Ave., SW Roanoke, VA 24016 Dan Henry (540) 853-1 994 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate lelter in box) lc I I I 4 I - I I n I n I I I I ,) I ^. State H. Independent School Dist. B. County I. State Conlrolled Instof Higher Learning 8. TYPE OF APPLICATION: C. Municipal J. Private University [] New I-]Continuation [] Revision D. Township K. Indian Tribe E. Interstate L. Individual If Revision, enter appropriate letter(s) in ~ r"-'l F. Interrnunicipal M. Profit Organization A. Increase Award B. Decrease Award G. Special District N. Other (Specify): C. Increase Duration D. Decrease Duration Other (specify): 9. NAME OF FEDERAL AGENCY: U. S. Forest Service 10. CATALOG OF FEDERALIII'Il 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE Demonstration Project: TITLE: Central City Tree Planting 12. AREAS AFFECTED BY PROJECT (cities, counties, states, City of Roanoke 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date I EndingDate a. Applicant ~ b. Project: 07/01 /01 05/1 5/02 Sixth Distric Sixth District 15. ESTIMATED FUNDING: 16. IS /~3JCA~ SUEECT TO REVIEW BY STA'[E ~ ~ 123/2 a. Federal $ 1 0,0 0 0.00 a. YES. This preapplicatJon/applicatJon was made available to the State b. Applicant $ I 0,5 7 6.00 Executive Order 12372 process for review on: c. State $ .00 DATE d. Local $ .00 b. NO. P('lProgmm is not covered by E.O. 12372 e. Other $ .00 OR f. Program Income $ .00 r-'lPro~ram has not been selected by state for review g. TOTAL $ 2 0 ~, 5 7 6.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? I--lYes (If 'Yes,' attach an explanation) []No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title c. Te. Jepbope I~LLrrrlber Darlene Burcham City Manager tb4u) 2 3 3 3 d. Signature of Authorized Representative e. Date S{gned Form 31 VIRGINIA DEPARTMENT OF FORESTRY 12/0112000 fO31_po.dot APPLICATION FOR FEDERAL ASSISTANCE (SF 424 rev. 4/~ INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: 1. Self-explanatory. 2. Date application submitted to Federal agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. If this application is to continue or revise an existing award, enter present Federal identifier number. If for a new project, leave blank. 5. Legal name of applicant, name of primary organizational unit which will undertake the assistance activity, complete address of the applicant, and name and telephone number of the person to contact on matters related to this application. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. 8. Check appropriate box and enter appropriate letter(s) in the space(s) provided: -"New" means a new assistance award. -"Continuation" means an extension for an additional funding/budget period for a project with a projected completion date. -"Revision' means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief description title of the project. If more than program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property proJects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. 12. List only the largest political entities affected (e.g., State, counties, cities). 13. Self-explanatory. 14. List the applicant's Congressional District and District(s) affected by the program or proJect. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in-kind contributions should be included on appropriate lines as applicable. If the action will result' in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application.) page 2 · (Prescribed byOMB ~', CircularA-102) Form 32 VIRGINIA DEPARTMENT OF FORESTRY page 1 12/0112000 (oaa Approval f032_po, dot ASSURANCES Ho. 034~040) (Fed. SF 424a -- NON-CONSTRUCTION PROGRAMS - rev. 4/88) Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights ACt of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment ACt of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation ACt of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 961-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with the provisions of the Health Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with State funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland ACt (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards ACt (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction subagreements. Form 32 12/0112000 f032_po.dot (Fed. SF 4248 rev. 4/88) 10. 11. 12. 13. 14. 15. 16. 17. 18. VIRGINIA DEPARTMENT OF FORESTRY ASSURANCES -- NON-CONSTRUCTION PROGRAMS- page 2 (OMB Approval No. 0348,0040) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable' construction and acquisition of $10,000 or more. Will comply with environmental standards which may be proscribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (0 conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species ACt of 1973, as amended, (P.L. 93- 205). Will comply with the Wild and Scenic Rivers ACt of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Proservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archeological and Historic Proservation Act of 1974 (16 U.S.C. 469a-1 et seq.). Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and troatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Provention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rohabilitation of residence structures. Will cause to be performed the roquired financial and compliance audits in accordance with the Single Audit Act of 1984. Will comply with all applicable requiroments of all other Federal laws, executive orders, regulations and policies goveming this program. Signature of Authorized Certifying Official City Manager Title of Authorized Certifying Official City of Roanoke Applicant Organization Date Submitted · Form 33 12/0112000 f033_po, dot (Fed. AD-1052 rev. VIRGINIA DEPARTMENT OF FORESTRY U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS STATES AND STATE AGENCIES page 1 FEDERAL FISCAL YEAR This certification is required by the regulations implementing Sections 5151-51.60 of the Drug- Free Workplace Act of 1988 (Pub. L. 100-690), Title V, Subtitle D; 41 U.S.C. 701 et seq.), 7 CFR Part 3017, Subpart F. The regulations, published as Part II of the May 25, 1990 Federal Register (pages 21681-21691), require certification by grantees, prior to award, that they will maintain a drug-free workplace, Section 3017.630(c) of the regulation provides that a grantee that is a State may elect to make one certification to the Department of Agriculture in each Federal fiscal year in lieu of certificates for each grant during the Federal fiscal year covered by the certification. The certificate set out below is a material representation of fact upon which reliance is placed when the agency awards the grant. False certification or violation of the certification shall be grounds for suspension of payments, suspension or termination of grants, or Government-wide suspension or debarment (see 7 CFR Part 3017, Sections 3017.615 and 3017.620). States and State agencies using this form should send it to: U.S. Department of Agriculture, Office of Finance and Management, Federal Assistance and Fiscal Policy Division, Federal Assistance Team, Room 3031 South Building, Washington, D.C. 20250. Ao (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 3) The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that ma~ be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d) (2) from an employee or othenNise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; Form 33 12/0112000 ~033_po.dot (Fed. AD.1052 rev. 5/90) VIRGINIA DEPARTMENT OF FORESTRY U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS STATES AND STATE AGENCIES page 2 (f) Taking one of the following actions, within 30 calendar days of receiving: notice under subparagraph (d) (2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (0. This certification is for a (check one) r'-I state (All state Agencies) r~ single state Agency B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, State, zip code) Check I-"i if there are workplaces on file that are not identified above. State/State Agency Name Name of Authorized Representative Title of Authorized Representative Signature Date Please append to this form a list of any State agencies the Governor has excluded from this certification. Form 35 12/0112000 fO35_po.dot (Fed. N~-1047 rev. 2/89) VIRGINIA DEPARTMENT OF FORESTRY U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS - page 2 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in the transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective pdmary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms 'covered transaction," 'debarred," "suspended," "ineligible," 'lower tier covered transaction," "participant," 'person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entedng into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form 35 12/0112000 fO35_po.dot (Fod. ,~).1C)47 rev. 2/89) VIRGINIA DEPARTMENT OF FORESTRY U.S. DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND' OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS -- pag~ 1' This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510; Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Re,qister (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON PAGE 2) (1) (2) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a three-year period preceding this aPplication/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke Organization Name 01UCF(~ PR/Award Number of Project Name Darlene Burcham Name of Authorized Representative City Manaqer Title of Authorized Representative Signature Date Form 45 12/0112000 f045..po.dot VIRGINIA DEPARTMENT OF FORESTRY CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 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 of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub- contracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Darlene Burcham Name of Authorized Representative City Manager Title of Authorized Representative Signature Date CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-72-110 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35468-071601 concurring in the recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2001- 2002; authorizing the City Manager to execute contracts with The Salvation Army for provision of services under the Homeless Housing Program and/orAbused Women's Shelter, St. John's CommunityYouth Program, Inc., and with the Council of Community Services to perform the necessary audits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:kAgenda.0 l~July 16, 2001 correspondenc.wpd Darlene L. Burcham July 18, 2001 Page 2 Attachment pc: James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Barry L. Key, Director, Management and Budget Glenn D. Radcliffe, Director, Human Services Major Earl F. Fitzgerald, Commanding Officer, The Salvation Army, 724 Dale Avenue, S. E., Roanoke Virginia 24013 Mark Hurley, Director, St. John's Community Youth Program, Inc, P. O. Box 257, Roanoke, Virginia 24002 Pam Kestner-Chappelear, Executive Director, Council of Community Services, P. O. 598, Roanoke, Virginia 24004 H:Latgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35468-071601. A RESOLUTION concurring in the recommendations of the Human Services Committee ("Committee") for allocation of City funds to various nonprofit agencies and performance audits for Fiscal Year 2001- 2002; authorizing the City Manager or her designee to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter, to execute a contract with St. John's Community Youth Program, Inc., for provision of services, and to execute a contract with the Council of Community Services to perform the necessary audits. WHEREAS, the Fiscal Year 2001-2002 budget approved by City Council for the Human Services Committee provides for funding in the amount of $474,769.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Human Services Committee; WHEREAS, requests for City funding in the total amount of $866,863.91 were received by the Human Services Committee fi.om forty (40) agencies; WHEREAS, alter studying each application and holding allocation meeting heatings, the Committee has recommended allocation of funding to certain applicant agencies for Fiscal Year 2001-2002; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Committee to evaluate the effectiveness and efficiency of funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the Human Services Committee as to the allocations for funding of various nonprofit agencies and performance audits for Fiscal Year 2001-2002 as more particularly set forth in the Committee report submitted to this Council, dated July 16, 2001, and the attachment to that report. 2. The Chairman of the Human Services Committee and the Director of Human Development are authorized to release funds to the appropriate agency, provided objectives, activities, and other reasonable requests of the monitoring staff as well as compliance with items reviewed by Municipal Auditing have been submitted and accepted. 3. The City Manager or her designee is authorized to execute a contract with the Salvation Army for provision of services under the Homeless Housing Program and/or Abused Women's Shelter. 4. The City Manager or her designee is authorized to negotiate a contract with St. John's Community Youth program, Inc., for provision of services. 5. The City Manager or her designee is authorized to negotiate a contract with the Council of Community Services for conducting the necessary audits. ATTEST: City Clerk. H:'41.ES'uR-HumanS~'vic~ - Allocation of Funds FY01-02) (7-16-01) CITY OF OANOKE OfficE; of the City Clerk Mary ~=. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-72-110 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No.-35467-071601 amending and reordaining certain sections of the 2001-02 General Fund Appropriations, in connection with recommendations of the Human Services Committee for allocation of City funds to various nonprofit agencies and performance audits for fiscal year 2001-02. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Barry L. Key, Director, Management and Budget Glenn D. Radcliffe, Director, Human/Social Services H:'~Agenda.0PJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35467-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-02 General 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 2001-02 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Health and Welfare $27,348,105 Human Services Committee (1-38) ............................. 474,769 1) Fees for Professional Services (001-630-5220-2010) $ 11,000 2) YMCA of Roanoke Valley (001-630-5220-3708) 9,000 3) Literacy Volunteers of America (001-630-5220-3709) 1,000 4) Family Services of Roanoke (001-630-5220-3720) 39,000 5) Bradley Free Clinic (001-630-5220-3721 ) 22,500 6) League of Older Americans (001-630-5220-3722) 29,000 7) Roanoke Area Ministries (001-630-5220-3723) 40,000 8) RADAR (001-630-5220-3725) 24,000 9) Bethany Hall (001-630-5220-3728) 7,500 10) Big Brothers/ Big Sisters (001-630-5220-3729) 7,000 11) Child Abuse Prevention (001-630-5220-3730) 4,000 12) Council of Community Services (001-630-5220-3732) 13,369 o13) Northwest Child Development Center 14) Roanoke Valley Speech and Hearing 15) TRUST 16) Inner City Athletic Association 17) West End Center 18) Adult Care Center 19) Tinker Mountain Industries 20) Conflict Resolution Center 21) CHIP 22) Salvation Army 23) Roanoke Adolescent Health Partnership 24) Court Appointed Special Advocate 25) Greenvale Nursery School 26) Blue Ridge Independent Living Center 27) National MS Society 28) Mental Health Association of Roanoke Valley 29) YWCA 30) National Conference for Community and Justice 31) Reserve - SW Virginia Second Harvest Food Bank 32) Planned Parenthood of the Blue Ridge 33) Boy's and Girl's Club of Roanoke 34) St. John's Community Youth Program 35) Virginia Skyline Gid Scout Council, Inc. 36) Good Samaritan Hospice 37) Presbyterian Community Center 38) Subsidies (001-630-5220-3734) (001-630-5220-3738) (001-630-5220-3740) (001-630-5220-3744) (001-630-5220-3745) (001-630-5220-3746) (001-630-5220-3747) (001-630-5220-3748) (001-630-5220-3751 ) (001-630-5220-3752) (001-630-5220-3767) (001-630-5220-3775) (001-630-5220-3780) (001-630-5220-3781 ) (001-630-5220-3783) (001-630-5220-3784) (001-630-5220-3785) (001-630-5220-3786) (001-630-5220-3788) (001-630-5220-3795) (001-630-5220-3796) (001-630-5220-3797) (001-630-5220-3798) (001-630-5220-3799) (001-630-5220-3801 ) (001-630-5220-3700) $ 20,000 3,500 7,600 5,000 35,000 6,000 38,000 6,000 45,800 28,000 9,500 6,000 9,000 2,000 1,000 2,000 4,000 2,000 15,000 4,000 3,000 5~000 5,000 1,000 4,000 (474,769) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.8. Office of the City Manager July 16, 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 Council: Subject: Recommendations of Human Services Committee for Funding of Qualified Agencies for Fiscal Year 2001-2002 Background: The Human Services Committee budget in the amount of $474,769 was established by City Council with the adoption of the general fund budget for fiscal year 2001-02 on May 7, 2001. Requests from 40 agencies totaling $866,863.91 were received as indicated on Attachment 1. Committee members studied each application prior to an allocation meeting held on April 3, 2001. Agencies were notified of tentative allocations and advised they could appeal these recommendations. Appeals of Committee recommendations, as provided by Council policy, were received after notification to each agency of its tentative recommended allocation. Appeals were filed and heard April 17, 2001 from the following agencies: All Star Clinics, TAP - HOPE VI Project, American Red Cross - Roanoke Chapter Disaster Services, Roanoke Adolescent Health Partnership, Northwest Neighborhood Environmental Organization, and Presbyterian Community Center. All appeals were denied. Performance audits will be conducted by the Council of Community Services to evaluate the effectiveness and efficiency of funded programs. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb :www. cl. roanoke .va. us Honorable Mayor and Members of City Council July 16, 2001 Page 2 Attachment 2 indicates funding received from other jurisdictions. Recommended Action(s): Transfer $474,769 from the Human Services Committee account #001-630-5220-3700 to new line items to be established with the Human Services Committee budget by the Director of Finance as cited on Attachment 1. Authorize the City Manager to execute contracts with the Salvation Army for the Homeless Housing Program - Red Shield Lodge, ($14,000) and Abused Women's Shelter - The Turning Point, ($14,000); St. John's Community Youth Program, Inc., ($5,000); and the Council of Community Services, for performance audits to be conducted, ($11,000). Respectfully submitted, arlene L City Manager DLB:tem Attachments Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director of Management and Budget Glenn D. Radcliffe, Director of Human/Social Services #CM01-00142 HUMAN SERVICES COMMITTEE RECOMMENDED FUNDING ALLOCATIONS 2001/02 Attachment 1 Requested Received 2000101 YWCA: Youth Club - 4,000 10,000 Child Care - - 0 - (New) 10,000 KISS - - 0 - (New) 2,000 Residence - - 0 - (New) 15,000 4,000 2,800 Boys and Girls Club 12,261 3,000 3,000 Blue Ridge Independent Living Center 9,866 2,000 2,000 St. John's Community Youth Program 10,000 5,000 5,000 Big Brothers/Big Sisters of Roanoke Valley, Inc.: M&M's School Mentoring - 3,000 4,000 Community Based Mentoring - 4,000 8,000 7,000 7,000 Council of Community Services: Information and Referral- 8,869 9,030 8,600 Volunteer Roanoke Valley-4,500 (New) 10,000 13,369 National Multiple Sclerosis Society, Blue Ridge Chapter 1,000 1,000 1,000 Literacy Volunteers of America - Roanoke Valley 3,000 1,000 1,000 Roanoke Valley Interfaith Hospitality Network (New) 8,000 - 0 - -0- Bradley Free Clinic 22,500 22,500 22,500 Roanoke Area Ministries 49,450 40,000 40,000 Roanoke Valley CASA 6,000 6,000 6,000 West End Center for Youth 78,000 35,000 35,000 Greenvale School 12,000 9,000 8,000 CHIP: Care Coordination Program - 21,450 21,450 Helpful Opport. for Parents to Excel - H.O.P.E. - - 0- (New) 14,200 Family Strengthening Program- 24,350 24,350 45,800 45,000 Northwest Neighborhood Environmental Organization, Inc. 20,000 -0- -0- (NNEO) (New) Southwest Virginia Second Harvest Food Bank 25,000 15,000 14,641 Planned Parenthood of Blue Ridge Education Program 8,000 4,000 4,000 The National Conference for Community and Justice (NCCJ) 5,000 2,000 2,000 Northwest Child Development Center 20,600 20,000 20,000 Total Action Against Poverty (New) 25,000 -0- -0- Conflict Resolution Center - Community Conflict Resolution 15,000 6,000 6,000 Inner City Athletic Association - 5,000 10,000 5,000 5,000 All Star Clinics of Roanoke Valley (New) 5,000 Roanoke Valley Speech and Hearing Center, Inc. 3,500 3,500 3,500 YMCA 21st Community Learning Center Summer Outreach 29,398.88 9,000 8,500 Family Service of Roanoke Valley: Home Care Aide - 14,000 15,500 Domestic Violence Treatment- 9,500 11,500 Adults Plus - 14,500 14,500 Teen Outreach Program --0- (New) 3,000 39,000 39,000 Presbyterian Community Center- Pathways After-School 16,000 4,000 -0- ~:~*.ogram (New) Roanoke Adolescent Health Partnership 40,000 9,500 8,000 Prevent Child Abuse Roanoke Valley, Inc. Parenting Programs - 2,000 2,000 Community Education - 2,000 2,000 4,000 4,000 Bethany Hall (New request for Nurse) 27,200 7,500 7,500 Adult Care Center of Roanoke Valley, Inc.: Adult Day Care - 4,000 4,000 Respite Program - 2,000 2,000 6,000 6,000 Girl Scouts of Virginia Skyline Council - Girl Scouts Outreach 5,000 5,000 5,000 Program TRUST: Shelter Program - 7,600 9,100 Hotline Program - - 0 - (New) 600 Teenline Program - - 0 - (New) 180 7,600 7,600 Mental Health Association of Roanoke Valley - Roanoke 2,200 2,000 1,800 Valley Mental Health Care Collaborative League of Older Americans, Inc. - Meals on Wheels 35,000 29,000 28,000 Unified Human Services Transportation System, Inc.- STAR 27,000 24,000 24,000 Specialized Transit Arranged Rides Goodwill Industries of the Valley, Inc. - Transportation 48,000 38,000 38,000 Services Roanoke Valley Chapter American Red Cross - Disaster 50,000 - 0 - -0- Services - (New) The Salvation Army: Turning Point - 14,000 15,000 Red Shield Lodge for the Homeless- 14,000 14,000 28,000 27,000 Good Samaritan Hospice 5,000 1,000 1,000 Council of Community Services - Monitoring Services 11,000 11,000 11,000 TOTAL: 866,863.91 474,769 460,941 Attachment 2 2000-200t & 2001-2002 REGIONAL HUMAN SERVICE AGENCY FUNDING Roanoke Roanoke County Salem AGENCY 2000-01 2001-02 2000-01 '200t-02 2000-01 * 200t-02 Allocation Recommended Allocation AlloCation Allocation AllocatiOn YWCA 2,800.00 4,000.00 -0- -0- Boys and Girls Club 3,000.00 3,000.00 -0- -0- Blue Ridge Independent Living Center 2,000.00 2,000.00 1,755.00 -0- St. John's Community Youth Program 5,000.00 5,000.00 -0- -0- Big Brothers/Big Sisters of Roanoke Valley, Inc. 7,000.00 7,000.00 3,500.00 2,600.00 Council of Community Services 8,600.00 13,369.00 2,520.00 2,500.00 National Multiple Sclerosis Society, Blue Ridge 1,000.00 1,000.00 -0- 500.00 Chapter Literacy Volunteers of America - Roanoke Valley 1,000.00 1,000.00 -0- 250.00 Roanoke Valley Interfaith Hospitality Network -0- -0- Bradley Free Clinic 22,500.00 22,500.00 2,852.00 3,000.00 Roanoke Area Ministries 40,000.00 40,000.00 439.00 1,500.00 Roanoke Valley CASA 6,000.00 6,000.00 7,500.00 3,000.00 West End Center for Youth 35,000.00 35,000.00 -0- -0- Greenvale School 8,000.00 9,000.00 3,050.00 -0- CHIP 45,000.00 45,800.00 21,000.00 39,000.00 Roanoke Roanoke County Salem AGENCY 2000-01 2001-02 2000-01 '200t-02 2000-01 * 2001'02 Allocation Recommended Allocation Allocation Allocation AllOCation Northwest Neighborhood Environmental -0- -0- Organization, Inc. Southwest Virginia Second Harvest Food Bank 14,641.00 15,000.00 5,000.00 Planned Parenthood of Blue Ridge 4,000.00 4,000.00 -0- -0- The National Conference for Community and Justice 2,000.00 2,000.00 800.00 500.00 Northwest Child Development Center 20,000.0 20,000.00 -0- -0- Total Action Against -0- -0- Poverty Conflict Resolution Center 6,000.00 6,000.00 -0- 1,500.00 Inner City Athletic Association 5,000.00 5,000.00 -0- -0- Roanoke Valley Speech & Hearing Center 3,500.00 3,500.00 1,000.00 1,400.00 YMCA 8,500.00 9,000.00 -0- -0- Family Service of Roanoke Valley 39,000.00 39,000.00 8,539.00 2,000.00 Presbyterian Community -0- 4,000.00 Center Roanoke Adolescent Health Project 8,000.00 9,500.00 -0- -0- Prevent Child Abuse Roanoke Valley 4,000.00 4,000.00 3,020.00 2,150.00 Bethany Hall 7,500.00 7,500.00 800.00 -0- Adult Care Center of Roanoke Valley 6,000.00 6,000.00 7,711.00 5,300.00 AGENCY Girl Scouts of Virginia S_~line Council TRUST Mental Health Association of Roanoke Valley League of Older Americans Unified Human Services Transportation Systems, Inc Goodwill Industries of the Val_~, Inc. American Red Cross- Roanoke Valle Cy__~ter The Salvation Army Good Samaritan Hos ic_p_~ Roanoke 2000-01 Allocation 5,000.00 7,600.00 1,800.00 28,000.00 24,000.00 38,000.00 -0- 27,000.00 1,000.00 2001-02 ~ecommended 5,000.00 7,600.00 2,000.00 29,000.00 24,000.00 38,000.00 -0- 28,000.00 Roanoke County~ 2000-01 Allocation 5,000.00 3,200.00 640.00 -0- -0- 6,582.00 -0- '2001-02 Allocation Salem 2000-01 * 2001,02 Allocation Allocation 5,000.00 3,500.00 -0- 8,000.00 -0- 30,000.00 2,500.00 5,000.00 1,000.00 7,500.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35477-071601 amending and reordaining certain sections of the 2001-2002 School Food Services Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are · contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget HSAgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35477-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Food Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Food Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AD~ropriation-~ Food Services Total Appropriations Fund Balance Reserve for Prior Year Encumbrances BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-467 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35476-071601 amending and reordaining certain sections of the 2001-2002 School Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc; Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget H:~S~genda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35476-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoropdation~ Instruction General Support Transportation Operation/Maintenance of Plant Facilities Total Appropriations Fund Balance $ 411,360 49,601 2,174 49,439 657,479 Reserve for Prior Year Encumbrances BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-361 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35475-071601 amending and reordaining certain sections of the 2001-2002 Fleet Management Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc.' Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget H:~genda.01~July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35475-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Armropriation,~ Operating Expenses Capital Outlay Total Appropriations $ 10,674 108 315 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-301 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35474-071601 amending and re°rdaining certain sections of the 2001-2002 Department of Technology Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget HSAgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of.July, 2001. No. 35474-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Department of Technology 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 Department of Technology Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Armropriation~ Operating Expenses Computer Aided Dispatch Telephone System Maintenance Total Appropriations $118,524 7,717 18,570 144,811 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M, Moon Deputy City Clerk July 18, 2001 File #60-192 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35473-071601 amending and reordaining certain sections of the 2001-2002 Transportation Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. ~ ~ ~, ~~1[~Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget HSAgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35473-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Transportation Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Transportation Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aooropriation~ Church Avenue Parking Garage $ 960 Total Appropriations ,~ 960 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-331 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35472-071601 amending and reordaining certain sections of the 2001-2002 Civic Center Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc.' Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget H:~genda.01kluly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35472-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2001-2002 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aporopriations Operating Expenses Capital Outlay Concessions Total Appropriations $ 5,303 37,407 17 242 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-27 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35471-071601 amending and reordaining certain sections of the 2001-2002 Sewage Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget H:~Agenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35471-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Sewage 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 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~)oropriations Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement Total Appropriations $ 460,039 15,208 978 242 16,338 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60-468B James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35470-071601 amending and reordaining certain sections of the 2001-2002 Water Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Management and Budget H:~Agenda.01kluly 16, 2001 correspondenc.wpd * IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35470-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 Water 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 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~3~)ropHations Operating Expenses Pumping Station and Tanks Purification Capital Outlay Utility Line Services Total Appropriations $ 30,071 437 46,991 173,256 97,475 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35469-071601 amending and reordaining certain sections of the 2001-2002 General Fund Appropriations, in connection with reappropriation of unspent budget funds that were originally appropriated and are contractually obligated for goods and services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director of Management and Budget H:~Agenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of July, 2001. No. 35469-071601. AN ORDINANCE to amend and reordain certain sections of the 2001-2002 General 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 section~ of the 2001-2002 General Fund, be, and the same are hereby, amended and reordained to read as follows, in part: AoorooHations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney City Council City Attorney City Clerk Real Estate Valuation Municipal Auditing Department of Finance Billings and Collections Electoral Board City Manager Economic Development Department of Management and Budget Human Resources Occupational Health Communications - E911 1,328 26,707 13,112 9,871 7,483 97 5,801 125 158,468 84 1,291 8O3 4,982 19,112 58,752 934 25,147 9,464 436 8,208 5,900 48,334 1,000 23,833 Communications - Radio Shop Purchasing Custodial Services Facilities Management Fire - Operations Emergency Medical Services Streets and Traffic Paving Snow Removal Street Lighting Traffic Engineering Solid Waste Management Engineering Building Services Planning and Code Enforcement Parks and Grounds Maintenance Recreation Social Services - Administration Income Maintenance Social Services - Services VISSTA Human Services/Community Education Outreach Detention Youth Haven I Crisis Intervention Police - Investigation Police - Patrol Police - Services Police - Training Law Library Libraries Environmental Services and Emergency Management 29 407 2,018 18 554 447 132 4 712 6,567 31 549 440,271 41,678 25,827 133,107 14 721 169 269 21 296 46 401 18O 642 72 144 1,110 7,632 16,440 1,611 3,772 17,760 9,195 31,943 15 7,251 9,219 2,702 4,271 11,394 11,290 Total Appropriations $2,252,172 Fund Balance Reserve for Prior Year Encumbrances $2,2521172 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance July 16, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 Roanoke, Virgh~ 24006-t~20 ~ 'i !?~!_".i Telephone: (~'40) 853-282t Fax: (540) 853-2940 5~b.l. JESSE A. HALL Deputy Director The The The The The The The 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: At the close of fiscal year 2001, budgeted funds were obligated for outstanding encumbrances. Purchase orders or contracts were issued for goods and services as of the close of fiscal year 2001, but delivery of the goods or performance of the services had not been completed. Reappropriation of these funds carries forward the unspent budget funds that were originally appropriated and are contractually obligated for the goods and services. The appropriation amounts are as follows: General Fund Open Encumbrances Water Fund Open Encumbrances Sewage Fund Open Encumbrances Civic Center Fund Open Encumbrances Transportation Fund Open Encumbrances Department of Technology Fund Open Encumbrances Fleet Management Fund Open Encumbrances School Fund Open Encumbrances School Food Services Fund Open Encumbrances $ 2,252,172 348,230 492,805 59,952 96O 144,811 118,989 1,170,053 24,695 Honorable Mayor and Members of City Council July 16, 2001 Page 2 I recommend that Council adopt the attached budget ordinances to reappropriate these funds into the current year budget in order that these encumbrances may be properly liquidated. Sincerely, Director of Finance JDG/THT/ctg Attachments C; Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk William Kelley, Assistant Superintendent of Operations CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #24-27 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35478-071601 amending and reordaining Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, by amending certain subsections of {}26-43, Definitions, and {}26-56, Discharge permits for industrial waste, with regard to certain items specifically regulated by the Code in order to comply with regulations of the United States Environmental Protection Agency (EPA), which proposed amendments have been approved by both the EPA and the Virginia Department of Environmental Quality (DEQ). The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh H:XAgenda.01XJuly 16, 2001 correspondenc.wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN The 16th day of July, 2001. No. 35478-071601. ORDINANCE amending and reordaining Chapter 26, Sewers and Sewage Disposal, Article III, .Sewer Use Standard.q, Code of the City of Roanoke (1979), as amended, by amending certain subsections of {}26-43, Definitions, and §26-56, Discharge permits for industrial waste, with regard to certain items specifically regulated by this Code in order to comply with regulations of the United States Environmental Protection Agency (EPA), which proposed amendments have been approved by both the EPA and the Virginia Department of Environmental Quality (DEQ); and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 26-43, Definitions, and §26-56, Discharge permits for industrial waste,, Article III, Sewer Use Standards, Chapter 26, .Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: §26-43. Definition.q. For the purpose of this article, the words and phrases set out in this section shall have the following meanings: *** COD (chemical oxygen demand) means the measure, expressed in mg/1, of the oxygen consuming capacity of inorganic and organic matter present in water or wastewater, expressing the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. H:LMEASURE S\o-amsewstand. 2 ff COD (soluble) means the COD of the filtrate from wastewater that is filtered through a gooch crucible as required by the suspended solids test in "Standard Methods." §26-56. Discharge permits for industrial waste. (k) All owners of facilities governed by industrial wastewater permits issued pursuant to this section shall also comply with any applicable reporting requirements, including but not limited to: (1) Baseline monitoring reports. (b) Industrial users described above shall submit the information set forth below: Flow measurement. Information showing the measured or estimated average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestreams formula set out in 40 CFR 403.6(e). 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 immediately upon its passage. ATTEST: City Clerk. H:~lEASURESXo-amsewstand.2ff 2 WILLIAM M. HACKWORTH CITY A'~FORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINI~ ~2401 1-1595~ TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us July 16, 2001 5.c.1. ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WH,SON DAVID L. COLLINS ASSISTANT CITY A'ITORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Amendment to Sewer Use Standards Dear Mayor Smith and Members of Council: On June 18,2001, City Council adopted Ordinance No. 35423-061801, to implement the recommendations contained in the letter of the City Manager to the Council with regard to United States Environmental Agency (EPA) regulations requiring certain scientific study and evaluation to be done every five years of the local limits section of the City's sewer use standards. After the required study was completed, the results required amendments to several definitions and sections of Article III, Sewer Use Standards, of Chapter 26, Sewers and Sewage Disposal, of the Code of the City of Roanoke (1979), as amended. The Virginia Department of Environmental Quality (DEQ) also approved the amendments. Upon review of the above referenced ordinance, it appears that one definition in §26- 43, Definitions, relating to chemical oxygen demand (COD) and biochemical oxygen demand (BOD) ratios should have been deleted. In addition, subsection (k)(1)(b)(4) of §26- 56, Discharge permits for industrial waste, requires the addition of two words. These amendments are of a housekeeping nature to correct an inadvertent oversight in the preVious ordinance. An ordinance is attached for Council's consideration which, if adopted, will accomplish these housekeeping amendments. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f H:\COUNCIL\l-hmsewerstandards The Honorable Mayor and Members of City Council July 16, 2001 Page 2 Attachment cc: Darlene L. Burcham, City Manager Michael T. McEvoy, Director of Utilities S. Scott Shirley, Manager, Water Pollution Control Plant Gary E. Tegenkamp, Assistant City Attorney H:\COLrNCIL\l-hmsewerstandards MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- ! 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanokc.va.us July 18, 2001 File #67 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chair, City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: I am enclosing copy of ResolutiOn No. 35479-071601 renaming Washington Park as Booker T. Washington Park. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Wanda B. Reed, Acting Director of Parks and Recreation Robert K. Bengtson, Director, Public Works Phillip C. Schirmer, City Engineer George C. Snead, Jr., Assistant City Manager for Operations James Grigsby, Chief of Fire-EMS A. L. Gaskins, Chief of Police Martha P. Franklin, Secretary, City Planning Commission H:~Agenda.01~July 16, 2001 corrcspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35479-071601. A RESOLUTION renaming Washington Park as the Booker T. Washington Park. WHEREAS, on June 29, 1923, by motion, City Council named Washington Park; WHEREAS, a citizen committee established to study ways of improving Washington Park has recommended renaming the Park in order to reflect the history of the Park; and WHEREAS, the Planning Commission's guidelines for naming public facilities indicate that names with historical basis are appropriate, and the Commission concurs in the committee's recommendation that the Park's name be changed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The name of Washington Park is hereby changed to Booker T. Washington Park to reflect the history of the Park, in accordance with the recommendation contained in the report dated June 21,2001, of the Roanoke City Planning Commission. 2. The City Manager is requested to cause this renaming to be noted with the installation of appropriate signs and the City Engineer is requested to make appropriate notations on the City's maps to indicate the change in the Park's name. ATTEST: City Clerk. H:'4VtEASURES~'-renamingwashingtonpark .a. Roanoke City Department of Plant and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us July 16, 2001 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, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Renaming of Washington Park Planning Commission Action: On June 21, 2001, the Planning Commission considered the request to rename Washington Park to Booker T. Washington Park. By a vote of 6-0 (Mr. Hill absent, Messrs. Butler, Campbell, Chrisman, Dowe, Manetta, and Rife voting in favor of the request), the Planning Commission recommended approval of the proposed name change. Background: The Acting Director of Parks and Recreation has requested that Washington Park be renamed to Booker T. Washington Park to reflect the history of the park. This name change is recommended by a citizen committee established to make improvements to Washington Park. See attached letter of June 4, 2001. At the Commission's regular meeting on June 21,2001, Evie Lander presented the staff report on the requested renaming, recommending approval of the request. After discussion by the Planning Commission, the Commission's chairman asked for citizen comment. There being none, the Commission recommended approval. LO. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: The Comprehensive Plan identifies Washington Park as a city park. The Plan recommends that existing parks and recreation facilities should be continued and supported. Planning Commission guidelines for naming public facilities recommend that names with historical basis are appropriate. Recommendation: The Planning Commission recommends that City Council rename Washington Park to Booker T. Washington Park, as requested by the citizen committee and the Department of Parks and Recreation. Respectfully submitted, '7' D. Kent Chdsman, Chairman Roanoke City Planning Commission C~ Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Wanda B. Reed, Acting Director, Parks and Recreation 2 iR 0 A N 0 K E C I T'Y' P A R K S & R E C RE A T I ON 210 Reserve Avenue SW Roanoke, Virginia 24016 540/853-2236 FAX 540/853-1287 RECYCLED PAPER June 4,2001 Planning Commission D. Kent Christman, Chairman 215 Church Ave. Room 166 Roanoke, VA 24016 0 G 200i. Pianning and Cc ie Enforcement RE: Renaming of Washington Park Last year, the City Manager appointed a citizen committee to make recommendations for improvements to Washington Park and a memorial to Booker T. Washington. Committee members have thoroughly researched the history of the park and find that historical records do not reflect for whom the park was named -- George Washington, Booker T. Washington or a local person. Washington Park is generally believed to be named after Booker T. Washington. The Committee is requesting an official name change of this park to Booker T. Washington Park. I am requesting that this issue is placed on the next Planning Commission's agenda and if necessary send the recommendation to City Council so that they may officially adopt the name Booker T. Washington Park to honor this important individual. WBR/kaj Respectfully submitted, Wanda B. Reed Acting Director CC: Members of Washington Park Memorial Committee MARY F. PARKER, CMC Ci~ 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.manoke.va, us July 18, 2001 File #85-514 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chair, City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: I am enclosing copy of Resolution No. 35480-071601 authorizing the City Manager to officially name that section of Ferndale Drive, N. W., from extended Ordway Drive to its terminus to Ordway Drive as Ordway Drive, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Phillip C. Schirmer, City Engineer James Grigsby, Chief of Fire-EMS H:'~Agenda.OlXJuly 16, 2001 correspondenc.wpd D. Kent Chrisman July 18, 2001 Page 2 A. L. Gaskins, Chief of Police Wanda B. Reed, Acting Director of Parks and Recreation David A. Morgan, General Manager, Valley Metro Jesse H. Perdue, Water Division Manager Lawrence E. Trent, Utility Lines Superintendent Kenneth H. King, Jr., Manager, Streets and Traffic Frank Decker, Superintendent, Solid Waste Management Barry L. Key, Director, Management and Budget Evelyn S. Lander, Department of Planning and Code Enforcement H:XAgenda.01Lluly 16, 2001 correspondenc.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk~ci.roanokc.va, us July 18, 2001 File #85-514 STEPHANIE M. MOON Deputy City Clcrk Billy W. Martin, Postmaster 419 Rutherford Avenue, N. E. Roanoke, Virginia 24022-9998 Dear Mr. Martin: I am enclosing copy of Resolution No. 35480-071601 authorizing the City Manager to officially name that section of Ferndale Drive, N. W., from extended Ordway Drive to its terminus to Ordway Drive as Ordway Drive, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001. 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 George C. Snead, Jr., Assistant City Manager for Operations Robert K. Bengtson, Director, Public Works Phillip C. Schirmer, City Engineer I James Grigsby, Chief of Fire-EMS H:',Agenda.01',July 16, 2001 corcespondenc.wpd ' Billy W. Martin July 18, 2001 Page 2 A. L. Gaskins, Chief of Police Wanda B. Reed, Acting Director of Parks and Recreation David A. Morgan, General Manager, Valley Metro Jesse H. Perdue, Water Division Manager Lawrence E. Trent, Utility Lines Superintendent Kenneth H. King, Jr., Manager, Streets and Traffic Frank Decker, Superintendent, Solid Waste Management Barry L. Key, Director, Management and Budget Evelyn S. Lander, Department of Planning and Code Enforcement H:XAgenda.01X July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35480-071601. A RESOLUTION authorizing the City Manager to officially name a public right-o~way locked within the City. WHEREAS, pursuant to §30-34 of the Code of the City of Roanoke (1979), as amended, the City Mahager is authorized to review and recommend to City Council the naming and renaming of existing streets and alleys, both public and private; WHEREAS, new industrial development along Frontage Road resulted in the extension of Ordway Drive, N.W., from Hershberger Road, N.W., to Femdale Drive, N.W.; WHEREAS, a cul-de-sac was installed on Ferndale Drive, N.W., near William Ruffner Middle School for traffic safety purposes; WHEREAS, the name of the new street connection was never changed to reflect the new street pattern; WHEREAS, the City Manager referred this matter to the Planning Commission for the City of Roanoke, which held a public hearing on June 21, 2001, and forwarded this matter to City Council for its consideration; WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied; and WHEREAS, the Planning Commission for the City of Roanoke has made its recommendation to City Council in a report dated July 16, 2001. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That section of Femdale Drive, N.W., from the extended Ordway Drive, N.W., to its terminus to Ordway Drive, N.W., is hereby designated and named Ordway Drive, N.W. 2. The City Engi.neer is hereby directed to cause the above public right-of-way name to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on said right-of-way. 3. The City Clerk is hereby directed to transmit attested copies of this resolution to the Postmaster and relevant departments in order to be apprised of the aforesaid street name change. ATTEST: City Clerk. H:'dI.F,.S',,R-$T-Nam~Chang¢-Ordway (7-16-01) 6.b, Roanoke City Department of Pla and Code Enforcemen! Room 166, Municipal Building 215 Church Avenue, S.W. Raanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us July 16, 2001 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, Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request for Street Name Change of a portion of Ferndale Drive to Ordway Drive due to road reconstruction Planning Commission Action: On June 21,2001, the Planning Commission considered the request to change the street name of a portion of Ferndale Drive, to Ordway Drive. By a vote of 6-0 (Mr. Hill absent, Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Chrisman voting in favor), the Planning Commission recommended approval of the proposed name change. Background: New industrial development along Frontage Road resulted in the extension of Ordway Drive from Hershberger Road to Ferndale Drive. A cul-de-sac was installed on Ferndale Drive near William Ruffner Middle School for traffic safety purposes. The name of the new street connection was never changed to reflect the new street pattern. These improvements are illustrated on the attached map. At the Commission's regular meeting on June 21,2001, Evie Lander presented the staff report on the requested name change, recommending approval of the request. There was no one in the audience whowas either in fa,~0r of or opposed to the requested change. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: The Comprehensive Plan identified the area for new industrial development. The Plan recommended that the City's traffic management system should be an reviewed on an on- going basis. Recommendation: Planning Commission recommends that City Council rename Ferndale Drive from the extended Ordway Drive to its terminus to Ordway Drive. There would be no change in the name of Ferdale Drive from Ferncliff Avenue to the cul-de- sac. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachment c: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Phil Schirmer, City Engineer Johnson & Johnson Offsite Improvements Ferndale/Ordway Drive and Frontage Road Femdale Drive,'Ordway Drive and Frontage Road were altered due to the development of the Johnson & Johnson (J&J) property on Frontage Road. Initially, the back of the J&J property could be accessed by Femdale Drive. However, the School Board was concerned about the increase in traffic impacting Ruffner Middle School, so it was decided to cul-de-sac Ferndale Drive to restrict the flow of traffic near the school and to extend Ordway Drive to the back of the J~:J propev, y. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #100-166 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35438-071601 authorizing the City Manager to' execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located at 506 Church Avenue, S. W., and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. The above referenced measure was adopted by the Council of the City of Roanoke on its first reading on Monday, July 2, 2001, also adopted on its second reading on Monday, July 16, 2001, and will be in full force and effect ten days following the date of adoption of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Attachment pc: Fulton C. Johnson, Executive Director, YMCA of Roanoke Valley, Inc., 425 Church Avenue, Roanoke, Virginia 24016 James D. Grisso, Director of Finance Rolanda A. Johnson, Assistant City Manager for Community Development Wanda B. Reed, Acting Director of Parks and Recreation H:~,Agenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35438-071601. AN ORDINANCE authorizing the City Manager to execute an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property' located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon certain terms and conditions. WHEREAS, a public hearing was held on July 2, 2001, pursuant to § § 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement, deed and any related and necessary documents providing for the sale and conveyance of City-owned property located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418, to the YMCA of Roanoke Valley, Inc., upon the terms and conditions set forth in the City Manager's letter to this Council dated July 2, 2001. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. ATTEST: City Clerk. HAORD-GEN~OS--City to YMCA (PH 7-02-01) Office of the City Manager July 2, 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: Agreement between City of Roanoke and YMCA Background: The YMCA of Roanoke Valley, a non-profit organization, plans to build a new 40,000 square feet Central Branch YMCA to be located at 5th Street and Luck Avenue. This facility is needed to accommodate its expanding number of programs and to replace its current outdated facility. Construction of the new $6.5 million facility is scheduled to begin no later than June 1, 2002. The YMCA has made a formal offer to the City to enter into a collaborative agreement for partnering on the development and use of the new facility. Considerations: The Agreement, similar in form to Attachment A, specifies that the City will provide a two million dollar ($2,000,000) grant toward the construction of the indoor aquatic facility. Annual equal payments will be made to the YMCA over a period of ten (10) years with the first payment of $200,000 due by September 1, 2001. Funding of $200,000 for the FY 2002 payment is available in account number 008-530-9757-9003. Funding for the annual payment of $200,000 for the remainder of the nine year commitment will be provided for annually during the budget adoption process. This funding may be provided from Capital Projects Fund interest earnings or as a part of the adopted Transfer to Capital Projects Fund. Funding for operational support will not be requested. To facilitate construction, a real estate swap will occur between the City and the YMCA as indicated in Attachment B. The City will transfer title of Roanoke City Official Tax Nos. 1113419 and 1113418 (506 Church Avenue and adjoining lot) to the YMCA. Upon completion of the construction of the new facility, the YMCA will transfer title of its current parking lot and facility, excluding the annex gymnasium, which adjoins Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roonoke,vo.us The Honorable Mayor and Members of Council July 2, 2001 Page 2 the current Central Branch of the YMCA (425 Church Avenue), Roanoke City Official Tax Nos. 1011206, 1011209 and 1011210. The property received by the City may be valuable in addressing parking needs in this area. Benefits for City residents as outlined in the Agreement include a discount on the initial joining fee at all facilities owned or operated by the YMCA in the City of Roanoke, County of Roanoke, City of Salem, Town of Vinton and County of Botetourt. In addition, Parks and Recreation will participate with the YMCA in a Program Committee to develop programs. Recommended Action: City Council authorize the City Manager and the City Clerk to execute and attest, respectively, an Agreement in substantially the same form attached as Attachment A, and as approved as to form by the City Attorney and any other documents necessary to implement the terms of the Agreement. Res(~ectfully submitted, City Manager DLB:kaj Attachment CC~ Rolanda A. Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation #CM01-00138 CITY OF ROANOKE, VIRGINIA AGREEMENT WITH YMCA OF ROANOKE VALLEY DRAFT 6-27-01 THIS AGREEMENT, made at Roanoke, Virginia, this day of ,2001, by and between the CITY OF ROANOKE, VIRGINIA (hereinafter referred to as "City") and the YMCA OF ROANOKE VALLEY (hereinafter referred to as "YMCA"). WHEREAS, the YMCA is in need of a new facility to accommodate its expanding number of programs and to replace its current facility; WHEREAS, the YMCA is a nonprofit organization as defined in Section 501 (c)(3) of Title 26 of the United States Code; WHEREAS, the YMCA has supplied and provided significant services to the citizens of the Roanoke Valley, including the City of Roanoke; and WHEREAS, the City is willing to transfer to the YMCA certain property (parcels 1113418 and 1113419) now used for employee parking for the construction of a new YMCA, and upon completion of the construction of the new YMCA facility, the YMCA is willing to transfer to the City a portion of the property (parcels 1011206, 1011209 and 1011210) on which the current facility is located. THEREFORE, IN CONSIDERATION of the benefits which will accrue to the parties hereto by virtue of this Agreement and the respective covenants herein contained, it is mutually covenanted and agreed as follows: 1. Term of Agreement: The rights and responsibilities of Paragraphs Nos. 8, 14, 15, 16, and 17 of this Agreement shall commence on the 1 st day of July, 2004, and continue for a period of twenty years through DRAFT 6-27-01 2024. The rights and responsibilities of the remaining sections shall be completed as of the dates stated herein. 2. Transfer of real estate from the City_ to the YMCA: Before July 1, 2002, the City will transfer title to Roanoke City Official Tax Nos. 1113419 and 1113418 (hereinafter "Property For YMCA") to the YMCA. The City shall not be obligated to prepare the Property For YMCA for use by the YMCA and the YMCA agrees to accept such Property For YMCA in its "as is" condition. Pursuant to Paragraph 8, the YMCA assumes no duty to insure the Property For YMCA for any loss or liability prior to the closing date. 3. Exchange of ProperW For YMCA and warranties: A. Simultaneously with the transfer set forth in Paragraph 2, above, the City shall record the deed with the Clerk of the Circuit Court for the City of Roanoke. In addition to any representations and warranties contained elsewhere in this Agreement, the City warrants and represents that: (a) the City will, in accordance with this Agreement, convey title to the Property For YMCA free and clear of all liens, covenants, conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever; (b) the City has good and marketable fee simple title to the Property For YMCA, and the City is the sole owner of the Property For YMCA; (c) the City has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property For YMCA or the limiting or denying of any right of access thereto; (d) the City has no knowledge of, nor has it received any notice of, any special taxes or assessments relating to the Property For YMCA or any part thereof; and (e) there are no leases of the Property For YMCA. B. Title to the Property For YMCA shall be conveyed by the City to the YMCA with good, clear marketable title by special warranty deed, free and clear of all liens, covenants, 2 DRAFT 6-27-01 conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever, in form acceptable to the YMCA. The City shall convey title to the Property For YMCA by a good and sufficient Special Warranty Deed with English covenant of title, prepared at the expense of the City, in recordable form, conveying fee simple title to the Property For YMCA to the YMCA. C. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the closing date of a title company selected by the YMCA to issue, upon payment of its normal premium, to the YMCA its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring the YMCA in the amount of $ .00 in respect to the Property For YMCA and that title to the Property For YMCA is vested in the City. 4. Construction duty_ of YMCA: Upon the transfer of the Property For YMCA from the City to the YMCA, and by December 1, 2002, the YMCA will begin construction of a new facility for fitness, swimming, athletic and recreational programs (hereinafter "New YMCA") on the Property For YMCA. The facility will be at least 40,000 square feet and will cost approximately Six Million Five Hundred Thousand Dollars and No Cents ($6,500,000.00). A permanent certificate of occupancy for the entire New YMCA will be sought by the YMCA, and the YMCA agrees to take such action as is necessary to ensure that a permanent certificate of occupancy for the New YMCA is issued by June 30, 2004. 5. Transfer of real estate from the YMCA to the City: Within thirty (30) days after the issuance of a permanent certificate of occupancy for the New YMCA, but in no event later than July 31, 2004, the YMCA shall transfer title of Roanoke City Official Tax Nos. 1011206, 1011209 and 1011210 (hereinafter "Property For City"). The property shall be in substantially the same condition as the day this Agreement is signed. The YMCA shall 3 DRAFT 6-27-01 not be obligated to prepare the subject Property For City for use by the City. Pursuant to Paragraph 8, the City assumes no duty to insure the Property For City for any loss or liability prior to the closing date therefor. 6. Reversion of property_ to the City_: In the event the YMCA does not commence or complete construction of the New YMCA in accordance with the terms of this Agreement after title to the Property For YMCA has been transferred from the City to the YMCA, the YMCA transfer title of, and all improvements to, the Property For YMCA back to the City by June 30, 2004. In the event the Property For YMCA reverts to the City, the YMCA shall reimburse the City Two Hundred Thousand Dollars and No Cents ($200,000.O0). 7. Exchange of Property For City and warranties: A. Simultaneously with the transfers set forth in Paragraph 5, above, the YMCA shall record the deed with the Clerk of the Circuit Court for the City of Roanoke. In addition to any representations and warranties contained elsewhere in this Agreement, the YMCA warrants and represents that: (a) the YMCA will, in accordance with this Agreement, convey title to the Property For City free and clear of all liens, covenants, conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever; (b) the YMCA has good and marketable fee simple title to the Property For City, and the YMCA is the sole owner of the Property For City; (c) the YMCA has no knowledge of any pending or threatened proceedings for condemnation or the exercise of the right of eminent domain as to any part of the Property For City or the limiting or denying of any right of access thereto; (d) the YMCA has no knowledge of, nor has it received any notice of, any special taxes or assessments relating to the Property For City or any part thereof; and (e) there are no leases of the Property For City. 4 DRAFT 6-27-01 B. Title to the Property For City shall be conveyed by YMCA to the City with good, clear marketable title by general warranty deed, free and clear of all liens, covenants, conditions, restrictions, right-of-ways, easements, and encumbrances of any kind or character whatsoever, in form acceptable to the City Attorney for the City of Roanoke. The YMCA shall convey title to the Property For City by a good and sufficient General Warranty Deed with English covenant of title, prepared at the expense of the YMCA, in recordable form, conveying fee simple title to the Property For City to the City. C. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the closing date of a title company selected by the City to issue, upon payment of its normal premium, to the City its A.L.T.A. (Form B) Owner's Policy of Title Insurance insuring the City in the amount of $2,000,000.00 in respect to the Property For City and that title to the Property For City is vested in the YMCA. 8. Environmental: For purposes of this Agreement, the terms "hazardous waste" or "hazardous substance" shall include every material, waste, contaminant, chemical, toxic pollutant or other substance listed or described in any of the following sources, as amended from time to time: (i) the Resource Conservation and Recovery Act of 1976, codified at 42 U.S.C. Sections 6901, et seq. (RCRA); (ii) the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), codified at 42 U.S.C. Sections 9601, et seq.; (iii) the Federal Environmental Protection Agency Regulations at 40 C.F.R. Parts 122-124 and 260-265; (iv) any other federal, state or local statute or ordinance which defines "hazardous waste" or "hazardous substance," or similar terms, and which could create liability for the City or the City's successors in interest; and (v) any federal, state or local regulations, DRAFT 6-27-01 rules or orders issued or promulgated under or pursuant to any of the foregoing or otherwise by any department, agency or other administrative, regulatory or judicial body having jurisdiction over the Property For City (hereinafter collectively referred to as "Environmental Laws"). Without limiting the foregoing, the terms "hazardous waste" and "hazardous substance" shall also include all substances or materials containing asbestos, PCBs, hydrocarbons, or lead. All terms, representations, warranties and indemnification provisions contained in this paragraph shall survive the First Closing Date and the Second Closing Date. A. Environmental Representations and Warranties of YMCA. The YMCA hereby represents and warrants to the City that: (1) To the best of the YMCA's knowledge, there are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in, on or about the Property For City. (2) To the best of the YMCA's knowledge, there is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in, on or about the Property For City, and there have been no claims made of any such activities or actions. (3) (4) To the best of the YMCA's knowledge, at no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property For City. To the best of the YMCA's knowledge, there has never been any solid waste disposal site or underground storage tank located in, on or about the Property For City, nor has there been any release from any underground storage tank on real property contiguous to the Property For City which has resulted in any hazardous substance coming in contact with the Property for City. The YMCA has not received any directive, citation, notice, letter or other communication, whether written or oral, from the U. S. Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental agency with authority under any Environmental Laws, or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the Property For City, or any violation of any Environmental Laws; and DRAFT 6-27-01 (6) To the best of YMCA's knowledge, neither the Property For City nor the YMCA's real property contiguous to the Property For City nor any predecessors in title to the Property For City are in violation of or subject to any existing, pending or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. In addition, the foregoing representations and warranties and the indemnification provisions in this Agreement shall not be affected by any study, investigation or inspection of the Property For City by the City or the City's agents. B. Environmental Representations and Warranties of City. The City hereby represents and warrants to the YMCA that: (1) To the best of the City's knowledge, there are no abandoned wells, agricultural drainage wells, solid waste disposal areas or underground storage tanks located in, on or about the Property For YMCA. (2) To the best of the City's knowledge, there is and has been no hazardous waste stored, generated, treated, transported, installed, dumped, handled or placed in, on or about the Property For YMCA, and there have been no claims made of any such activities or actions. (3) (4) (5) (6) To the best of the City's knowledge, at no time have any federal or state hazardous waste cleanup funds been expended with respect to any of the Property For YMCA. To the best of the City's knowledge, there has never been any solid waste disposal site or underground storage tank located in, on or about the Property For YMCA, nor has there been any release from any underground storage tank on real property contiguous to the Property For YMCA which has resulted in any hazardous substance coming in contact with the Property for YMCA. The City has not received any directive, citation, notice, letter or other communication, whether written or oral, from the U. S. Environmental Protection Agency, the Virginia Department of Environmental Quality, any other governmental agency with authority under any Environmental Laws, or any other person or entity regarding the release, disposal, discharge or presence of any hazardous waste on the Property For YMCA, or any violation of any Environmental Laws; and To the best of City's knowledge, neither the Property For YMCA nor any real property contiguous to the Property For YMCA nor any predecessors in title to the Property For YMCA are in violation of or subject to any existing, pending or 7 DRAFT 6-27-01 threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any Environmental Laws. The foregoing representations and warranties shall survive the Closing Date. In addition, the foregoing representations and warranties and the indemnification provisions in this Agreement shall not be affected by any study, investigation or inspection of the Property For YMCA by the YMCA or the YMCA's agents. C. Additional Environmental Provisions. The YMCA shall not store, generate, treat, transport, install, dump, handle or place in, on or about any portion of the Property For City any hazardous waste or hazardous substance in violation of any local, state or federal, ordinance, code, statute or regulation. If the YMCA receives any notice from any governmental authority or any other party regarding the release or presence of any hazardous waste or hazardous substance on any portion of the Property For City, or otherwise learns of any release or presence of any hazardous waste on any portion of the Property For City, the YMCA shall immediately notify the City of such fact. In addition, the City or its agents shall have the right to enter upon the Property For City at any time to perform additional environmental studies. If at any time the City, in its sole and irrevocable discretion, determines that hazardous wastes or hazardous substances are or may be present on any portion of the Property For City, the City may immediately terminate this Agreement. The making of such studies, regardless of the outcome thereof, shall not affect the YMCA's representations or warranties set forth above. The City shall not store, generate, treat, transport, install, dump, handle or place in, on or about any portion of the Property For YMCA any hazardous waste or hazardous substance in violation of any local, state or federal, ordinance, code, statute or regulation. If the City receives any notice from any governmental authority or any other party regarding the release or presence of any 8 DRAFT 6-27-01 hazardous waste or hazardous substance on any portion of the Property For YMCA, or otherwise learns of any release or presence of any hazardous waste on any portion of the Property For YMCA, the City shall immediately notify the YMCA of such fact. In addition, the YMCA or its agents shall have the right to enter upon the Property For YMCA at any time to perform additional environmental studies. If at any time the YMCA, in its sole and irrevocable discretion, determines that hazardous wastes or hazardous substances are or may be present on any portion of the Property For YMCA, the YMCA may immediately terminate this Agreement. The making of such studies, regardless of the outcome thereof, shall not affect the City's representations or warranties set forth above. D. Environmental Indemnification. The YMCA agrees to indemnify and hold harmless the City from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees, said fees including the value of services provided by the City Attorney for the City of Roanoke and the value of services provided by the members of the Office of the City Attorney for the City of Roanoke, incurred by the City to enforce this provision) asserted against or incurred by the City by reason of or arising out of the breach of any obligation, representation or warranty of the YMCA set forth in this Agreement. The City agrees to indemnify and hold harmless the YMCA from and against any and all claims, demands, fines, penalties, causes of action, losses, damages, liabilities, expenses, and costs (including court costs and reasonable attorney's fees) asserted against or incurred by the YMCA by reason of or arising out of the breach of any obligation, representation or warranty of the City set forth in this Agreement. The foregoing indemnifications of this Subparagraph D shall survive the Closing Date. DRAFT 6-27-01 9. Payment arrangements: Subject to appropriation by the City Council for the City of Roanoke, the City will provide to the YMCA $200,000.00 per year beginning in 2001 on or before the 1st day of September and by the 1 st day of September of each year thereafter through year 2010 until the City has provided to the YMCA a total of Two Million Dollars ($2,000,000.00). If construction does not begin on time as stated herein, the YMCA will reimburse the $200,000.00 to the City. 10. Insurance and Maintenance: A. The City assumes no duty to insure the Property For City, and the YMCA assumes no duty to insure the Property for the YMCA, for any loss or liability, until the dat~e of closing for each property. In addition, the parties agree that the maintenance of each property subject to this Agreement, including repairs and payment of utilities, shall be the sole responsibility of the party holding legal title to the property. 11. First Closine: A. The purchase of the Property For YMCA shall occur at 10:00 a.m. on or prior to July 1, 2002, (hereinafter "First Closing Date"), in the Office of the City Attorney, or at such other location and time as shall be approved by the City and the YMCA. B. On the First Closing Date, the City shall deliver or cause to be delivered to the documents: Its duly executed and acknowledged Special Warranty Deed conveying to the YMCA the Property For YMCA; (2) A mechanic's lien affidavit executed by a representative of the City, satisfactory to the title company selected by the YMCA, and to the effect that no work has been performed on the Property For YMCA in the one hundred twenty-five (125) days immediately preceding the First Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; YMCA the following (1) 10 DRAFT 6-27-01 (3) Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the City, as may reasonably be required by the title company selected by the YMCA, evidencing the authority of the person(s) executing the various documents on behalf of the City in connection with its sale of the Property For YMCA; (4) A duly executed counterpart of a Closing Statement; (5) Any other items required to be delivered pursuant to this Agreement, and any other documents or Agreements referred to in this Agreement. C. With respect to the Property for YMCA, the YMCA shall pay for: (i) the cost of all investigations of the Property for YMCA including, but not limited to, examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to YMCA; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of Deed. The City shall pay the Grantor's tax, if any, and the expenses of legal counsel for the City, if any. The City shall deliver exclusive possession of the Property For YMCA to the YMCA on the First Closing Date. 12. Second Closing: A. The purchase of the Property For City shall occur at 10:00 a.m. on a date selected by the YMCA within thirty (30) days after the issuance of a permanent certificate of occupancy for the New YMCA but in no event later than July 31, 2004 (hereinafter "Second Closing Date"), in the Office of the City Attorney, or at such other location and time as shall be approved by the City and the YMCA. B. On the Second Closing Date, the YMCA shall deliver or cause to be delivered to the City the following documents: (1) Its duly executed and acknowledged Special Warranty Deed conveying to the City the Property For City; 11 DRAFT 6-27-01 (2) A mechanic's lien affidavit executed by a representative of the YMCA, satisfactory to the title company selected by the City, and to the effect that no work has been performed on the Property For City in the one hundred twenty-five (125) days immediately preceding the Second Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; (3) Such evidence and documents including, without limitation, a certified copy of the resolution adopted by the YMCA, as may reasonably be required by the title company selected by the City, evidencing the authority of the person(s) executing the various documents on behalf of the YMCA in connection with its sale of the Property For City; (4) A duly executed counterpart of a Closing Statement; (5) Any other items required to be delivered pursuant to this Agreement, and any other documents or Agreements referred to in this Agreement. C. With respect to the Property for City, the City shall pay for: (i) the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to City; and (iii) any Grantee's tax and recording costs required to be paid in connection with the recording of Deed. The YMCA shall pay the Grantor's tax, if any, and the expenses of legal counsel for YMCA, if any. The YMCA shall deliver exclusive possession of the Property For City to the City on the Second Closing Date. 13. Membership benefits for City of Roanoke residents: Upon the YMCA receiving from the City a permanent certificate of occupancy for the entire New YMCA, all persons, and their families, who can produce a copy of a electric bill, personal property tax bill or other indicia of residence within the City of Roanoke will be granted full membership privileges at all facilities owned or operated by the YMCA in the City of Roanoke, County of Roanoke, City of Salem, Town of Vinton and County of Botetourt, in existence on the date of this Agreement or subsequently built or operated by the YMCA at fifty percent (50%) 12 DRAFT 6-27-01 discount of the initial joining fee in effect on the date on which the permanent certificate of occupancy is issued. Such membership privileges shall exist for two (2) calendar years after the date on which the permanent certificate of occupancy is issued for the entire New YMCA. However, no resident of the City of Roanoke shall be denied membership, even at the discounted rate, for financial reasons, if such resident demonstrates financial need under the YMCA's financial aid policy in place at the time of the application for membership by the citizen. 14. Operation of New YMCA: During the term of this Agreement, the YMCA shall not request that the City provide funding of any type or amount for the operation of the New YMCA (e.g. utilities, maintenance, staffing) and will not accept any such funds from the City. This Agreement does not preclude the YMCA from applying for or accepting funds for specific program purposes. 15. Access to New YMCA: During the term of this Agreement, a co-sponsorship plan for activities to be held in the new facility will be developed. Such co-sponsorship may entail joint acceptance of applications for participation and sharing the event costs and revenues. An on-going Program Committee will be established no later than March 1, 2002 with representation from the YMCA, Roanoke Parks and Recreation and selected volunteers to enhance communication and develop an annual use action plan. The Committee will develop criteria for a combined City/YMCA program guide, and develop a reasonable schedule for City to utilize the YMCA Indoor Aquatic facility, the new gymnasium and other facility features, which schedule shall be consistent with the normal operation of a YMCA. 16. Access to annex gymnasium (Gym No. 2): During the term of this Agreement. the YMCA will provide the City with exclusive use of the annex Gynmasium ("Gym No. 2") (Roanoke City Official Tax No. 1011202), a minimum of four 13 DRAFT 6-27-01 (4) nights, per week, from 6:00 p.m. until 11:00 p.m., and Saturdays from 8:00 a.m. until 10:00 p.m. at no cost, other than pro-rated utilities and janitorial expenses. At such times, the City shall enforce compliance with the YMCA's rules of behavior and shall, at no time, allow the unsupervised use of Gym No. 2. The cost of the utilities and the amount of the janitorial expenses allocated to Gym No. 2 shall be prorated between the City and the YMCA based on the number of hours of usage of Gym No. 2 by the parties per month. 17. Access to YMCA programs by the City_ of Roanoke residents: During the term of this Agreement, the YMCA shall take reasonable steps to give priority to all persons, and their families, who can produce a copy of electric bill, personal property tax bill or other indicia of residence of the City of Roanoke for enrollment in programs and services at all facilities owned or operated by the YMCA in the City of Roanoke as of the date of this Agreement or subsequently built or operated by the YMCA within the City of Roanoke. Such reasonable steps shall consist of giving City of Roanoke residents and YMCA members at least three (3) business days in which to enroll in YMCA programs and services prior to the date on which non-resident, non-members are allowed to enroll, unless under the circumstances such advance registration is not reasonably possible. 18. Severability: If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 19. Applicable Law: By virtue of entering into this Agreement, the parties agree to submit themselves to a court of competent jurisdiction in the City of Roanoke, Virginia, and they further agree that this Agreement is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, 14 DRAFT 6-27-01 and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia. 20. Cooperation: Each party agrees to cooperate with the other in executing any documents or taking appropriate action necessary to carry out the intent and purpose of this Agreement. 21. Headings: The paragraph headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Agreement. 22. Notice: Notice under this Agreement shall be sent, in writing, by certified mail to the following persons: If to the City: If to the YMCA: Notice shall be effective upon receipt. 23. Appropriation of Funds: City Manager Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Executive Director 425 Church Avenue, S.W. Roanoke, Virginia.24016 All obligations of the City herein and the terms of this Agreement are subject to the approval and appropriation of funding by the Council for the City of Roanoke. If the first Two Hundred Thousand Dollars and No Cents of such funding shall not have been appropriated on or before August 31, 2001, the YMCA shall have the option, in its sole discretion, to unilaterally terminate this Agreement. 15 DRAFT 6-27-01 24. Entire Agreement and Amendment of Agreement: This Agreement constitutes the complete understanding between the City and YMCA. All the terms and conditions of this Agreement shall be binding upon the City and thc YMCA, their heirs, successors, or assigns, and cannot be modified by any oral representation or promise of any agent or other representative of either the City or the YMCA. This Agreement may be modified only by written agreement properly executed by the parties. IN WITNESS WHEREOF. the parties hereto executed this Agreement by the following signature of their authorized representatives. ATTEST: CITY OF ROANOKE: Mary F. Parker, City Clerk ATTEST: By Darlene L. Burcham, City Manager YMCA OF ROANOKE VALLEY Secretary By J. W. Kirk, III, President, Board of Directors Approved as to form: Assistant City Attorney Approved as to execution: Assistant City Attorney Certified as to Funds Available: Director of Finance Account No. Title Date 16 R AVENUE CAMPBELL ;HURCH AVE. 10112~6 CHURCH LUCK The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01699194 NOTICE OF PUBLIC H 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 Virginia. ~ Sworn and subscribed before me this of JuneA2001. Wi_tnes,s m~.~ar~and official seal._ ......... Notary My commission expires ~~___J of day Public POBLISH~D ON: 06/24 TOTAL COST: 124.02 FILED ON: 06/29/01 o1' ~,1S.2-1800(B) md ~.2- ~'~~l~a ~ ~ ~,J~2, 2~ ~ ~ 2:~' p.m., M ~ ~ ~ 4~ R~, ~ C. T~ ~. ~ ~ 2~ ~ A~ ~, S.W., ~, ~. Fu~ ~ ~ ~ ~) ~-2~[ ~r~M ~. ~a~ad~. (853-2541), before 12:00 ~ ~ ~, Ju~ 28, 2~ ~ ~ ~ ha~ ~s 22~ ~y ~ Ju~, ~1. ~F. ~, (1~) ~ ~' · NOTICE OF PUBLIC RE~G The City of Roanoke proposes to convey city-owned property'located at 506 Church Avenue and the adjoining lot, bearing Official Tax Nos. 1113419 and 1113418 to the YMCA. of Roanoke Valley, Inc., upon certain terms and condition. Pursa,ant to the requirements of §§15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as mended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, JUly 2,.2001, commencing at 2:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. 'ff you are a person with a disability Who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, June 28, 2001. GIVEN under my hand this 2 2nd day of June ,2001. Mary F. Parker, City Clerk. Note to Publishen ' Please publish once in The RoanOke Times on Sunday, june 24, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 ChUrCh Avenue, S.W. Roanoke, Virginia 24011 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #63-184 William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 16, 2001, Vice-Mayor Carder referred to concerns expressed by citizens regarding the removal of basketball goals on City property adjacent to residential homes, and requested that the City Attorney research the question of whether the City could be indemnified against liability, upon application by the property owner. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: Darlene L. Burcham, City Manager H:',Agenda.01',July 16, 2001 correspondenc.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.roanok¢.va.us July 18, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Robert R. Copty 310 First Street, S. W., Suite 450 Roanoke, Virginia 24011 Dear Mr. Copty: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 16, 2001, a public hearing was held on the request of Lee Hi Land Group on the question of amending proffered conditions presently binding upon a tract of land lying on the north side of Orange Avenue, N. E., Official Tax No. 7140114, as set forth in Ordinance 33516-080497, adopted on August 4, 1997. The matter was tabled in view of certain questions raised by Council and will be readvertised for public hearing on Monday, August 20, 2001 at 7:00 p.m., or as soon thereafter as the matter may be heard. It will be necessary for you, and your representative to be present to respond to questions. Failure to appear could result in a deferral of the matter until a later date. Sincerely, j~l Mary F. Parker, CMC City Clerk MFP:mh pc: Harriet G. and Everette J. Rogers, 4450 Royce Road, Troutville, Virginia 24175 Old Dominion Auto' Salvage, Inc., 2948 Orange Avenue, N. E., Roanoke, Virginia 24012 Wayne Gould c/o Roanoke Gravely Sales, 3042 Orange Avenue, N. E., Roanoke, Virginia 24012 F & D Land Company, P. O. Box 8636, Roanoke, Virginia 24014 H:XAgenda.01X. luly 16, 2001 corrcspondenc.wpd Robert R. Copty ,July 18, 2001 Page 2 pc: Hickory Woods Apartments, LLC, 102 South First Street, Suite 301, Charlottesville, Virginia 22902 Douglas Caton, P. O. Box 5608, Charlottesville, Virginia 22905 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Rolanda A. Johnson, Assistant City Manager for Community Development H:XAgenda.01XJuly 16, 2001 correspondenc.wpd Insomuch as the petitioner was not present to respond to questions, the matter was tabled. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Heating on Monday, July 16, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered conditions presently binding upon a tract of land lying on the north side of Orange Avenue,_ N.E., and designated as Official Tax No. 7140114, as set forth in Ordinance No. 33516- 080497, adopted August 4, 1997. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by Thursday, July 12, 2001. GIVEN under my hand this 27th day of .~une ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once on Friday, June 29, 2001, and once on Friday, July 6, 2001. Send Publisher's Affidavit to: Mary F. Parker, City Clerk H:~OTiCE~AP.Lee~Land4?HT-1241) 215 Church Avenue, S. W. Roanoke, Virginia 24011 Send Bill to: Bob Copty 310 First Street, S. W,,Suite 450 Roanoke, Virginia 24011 (540) 344-1144 MARY F. PARKER, CMC Cit~ 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: elerk@¢i.roanoke.va, us July 18, 2001 File #79 STEPHANIE M. MOON Deputy City Clerk Lisa Ison, President The New Century Venture Center 1354 Eighth Street, S. W. Roanoke, Virginia 24015 Dear Ms. Ison: I am enclosing copy of Resolution No. 35481-071601 supporting tax exemption of certain property of the Blue Ridge Small Business Development Center, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis, whicl~ property is located at 1354 Eighth Street, S. W., in the City of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 16, 2001, and will be in full force and effect at such time as a copy, duly signed by an authorized officer of Blue Ridge Small Business Development Center, Inc., has been filed in the City Clerk's Office. Sincerely, Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance The Honorable Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director of Real Estate Valuation The Honorable David C. Anderson, City Treasurer Elizabeth A. Neu, Director of Economic Development H: ,Agenda.01~July 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2001. No. 35481-071601. A RESOLUTION supporting tax exemption of certain property of the Blue Ridge Small Business Development Center, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis. WHEREAS, the Blue Ridge Small Business Development Center, Inc. d/b/a the New Century Venture Center (hereinafter "the Applicant"), has petitioned this Council for support of a bill to be introduced at the 2002 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 16, 2001; and WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; and WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and 1130814, commonly known as 1354 Eighth Street, S.W. (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution, and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 2002 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 2002 Session of the General Assembly whereby the Blue Ridge Small Business Development Center, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and 1130814, commonly known as 1354 Eighth Street, S.W., and owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 2002 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the 2 Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of§30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the subject land is currently assessed at $78,000.00 and the building is assessed at $299,000.00, representing a real property tax liability of $13,705.07 over the past three tax years, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Resolution, and to Lisa Ison, President of the Blue Ridge Small Business Development Center, Inc. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTEST: City Clerk. ACCEPTED, AGREED Development Center, Inc., this __ TO and EXECUTED day of by Blue Ridge Small Business ., 2001. BLUE RIDGE SMALL BUSINESS DEVELOPMENT CENTER, INC. By Title (SEAL) N:\CA~e~ttres'~R-BlueRidge(Tax Exemption) (7-16-01) 3 IN THE COUNCIL OF THE CITY OF ROANOKE,.VtRGINIA, The 16th day of July, 2001. No. 35481-071601. A RESOLUTION supporting tax exemption of certain property of the Blue Ridge Small Business Development Center, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis. WHEREAS, the Blue Ridge Small Business Development Center, Inc. d/b/a the New Century Venture Center (hereinafter "the Applicant"), has petitioned this Council for support of a bill to be introduced at the 2002 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, §6(a)(6) of the Constitution of Virginia; and WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 16, 2001; and WHEREAS, the provisions of subsection B of §30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; and WHEREAS, the Applicant agrees that the property to be exempt from taxation is certain real estate, including the land and any building locatted thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and 1130814, commonly known as 1354 Eighth Street, S.W. (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution, and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 2002 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted fi.om such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 2002 Session of the General Assembly whereby the Blue Ridge Small Business Development Center, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of §6(a)(6) of Article X of the Constitution of Virginia, and whereby certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map Nos. 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130809, and 1130814, commonly known as 1354 Eighth Street, S.W., and owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt fi'om State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 2002 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke's real estate tax levy which would be applicable to the Property, were the 2 Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of§30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the subject land is currently assessed at $78,000.00 and the building is assessed at $299,000.00, representing a real property tax liability of $13,705.07 over the past three tax yes, rs, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Resolution, and to Lisa Ison, President of the Blue Ridge Small Business Development Center, Inc. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ACCEPTED, AGREED TO and EXECUTED by Blue Ridge Small Business Development Center, Inc., this~'~ day of ~0 [~ ,2001. BLUE RIDGE SMALL BUSINESS DEVELOPMENT CENTER, INC. Title ~~ N:\CADC'~leasure~R- BlueRidge(Tax Exemption) (7-16-01 ) 3 REVISED Office of the City Manager July 16, 2001 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: Tax Exemption Request Dear Mayor Smith and Members of City Council: Background: The Blue Ridge Small Business Center, Inc., owns the property known as Tax Map #s 1130511, 1130512, 1130514, 1130515, 1130516, 1130719, 1130814, and 1130809, located at 1354 Eighth St., SW. This property houses the New Century Venture Center, an incubator for small businesses. Annual taxes due for 2000/2001 were $4,561.68 on an assessed value of $78,000 for the land and $299,000 for the building. The Blue Ridge Small Business Center, Inc., petitioned City Council in January 2001, requesting adoption of a Resolution in support of the organization obtaining tax-exempt status from the General Assembly on property located in the City of Roanoke. Notification of a Public hearing to be held July 16, 2001, was advertised in the Roanoke Times on Sunday, July 8, 2001. Considerations: Loss of revenue to the City will be $3,649.34 after a twenty percent service charge is levied by the City in lieu of real estate taxes. This service charge will be $912.34. Room 364 Municipal South 215 Church Avenue, S.V~ Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us Honorable Mayor and Members of Council July 16, 2001 Page 2 Commissioner of Revenue, Sherman Holland, has determined the organization is not exempt from paying real estate taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c) 3 tax-exempt organization. Recommended Action: Support the Blue Ridge Small Business Center, Inc., exemption from taxation to the General Assembly pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia. Respectfully submitted, City Manager DLB/sem Attachments C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director of Real Estate Valuation David C. Anderson, City Treasurer Elizabeth A. Neu, Director of Economic Development #CM01-00130 February 23, 2001 Ms. Mary F. Parker, City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 Dear Ms: Parker: In response to Mr. Hackworth's letter of February 21, 2001, we are aware that one of the requirements is that the applicant agrees to pay to the City an annual service charge in an amount equal to 20% of the real estate tax levy which would otherwise be owing. This letter is confirmation that we agree to pay this amount should the exemption be approved. Mr. Hackworthalsorequestedvefificationoftaxparcelnumbers. Theyareas follows: 1130511,113051'2,1130514,1130515,1130516,1130719,1130809, and 1130814. Sincerely, . 1354 Eighth Streeg SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * Fa~c: (540) 345-0262 * e-mail' liron~rev, net February 23, 2001 Ms. Mary F. Parker, City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 Dear Ms: Parker: In response to Mr. Hackworth's letter of February 21, 2001, we are aware that one of the requirements is that the applicant agrees to pay to the City an annual service charge in an amount equal to 20% of the real estate tax levy which would otherwise be owing. This letter is confirmation that we agree to pay this amount should the exemption be approved. Mr. HackwoffiaalS°requestedvefificafion oftaxparcelnumbers. Theyareas follows: l130511,1130512,1130514,1130515,1130516,1130719,1130809, and 1130814. Sincerely, isa 12. Ison, President 1354 Eighth Stree~ SW * Roanoke, VA 24015 * Phone: (540) 344-6402 * Fax: (540) 345-0262 * e-mai~' lisonOrev, net The Roanoke Times Roanoke, Virginia Affidavit of Publicatiork The Roanoke Times THE NEW CENTURY VENT ATTEN: LISA ISON 1354 8TH ST SW ROANOKE VA 24015 REFERENCE: 80025684 01707414 NOTICE OF PUBLIC H 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 July 200/. Witness my hand and official seal. ~_~~_ ~_ , Notary Public commission expires My PUBLISHED ON: 07/08 TOTAL COST: 126.36 FILED ON: 07/13/01 c0mm~ mt 7:00 p.m,, In the Counc~ Ch~llbe~, 4th ~ A~, ~W., ~ Cl's reml Property IS c ~77,~.~, ~ ~ ~ t ~ ~ ~ ~,705.07 ~ ~ ~'s ~ f ~,.Ju~ ~, ~ (2707424) NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on July 16, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of resolutions pursuant to §30-19.04, Code of Virginia (1950), as amended, on the request of the Blue Ridge Small Business Development Center, Inc. ("BRSBDCI"), d/b/a The New Century Venture Center, for designation of property to be exempted from taxation. The real estate assessed value for tax year 00/01 on BRSBDCI's real property is $377,000.00, with real estate tax assessments of $13,705.07 over the past three years. The value of BRSBDCI's tangible personal property for tax year 00/01 is $0.00. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this public heating, contact the City Clerk's Office, 853-2541, by 12:00 noon on Thursday, July 12, 2001. GIVEN under my hand this _L2xhday of j?o ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, July 8, 2001. Send Publisher's Affidavit and Bill to: Lisa Ison, President, New Century Venture Center 1354 Eight Street, SW Roanoke, Virginia 24015 N:\CADCLNoticcs\N-TaxExempt-Ncw Century (PH-7-16-01 ) Withdrawn by the City Manager. Office of the City Manager July 16, 2001 Honorable R~tlph K. Smith, Mayor Honorable Honorable Honorable Honorable Honorable Honorable 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: Surplus City-owned Property The City owns property located in Garden City behind Garden City Elementary School, which was acquired by the City over fifty years ago for Garden City Park. See attachment #1 for map of property. An adjacent property owner, Mrs. Cheryl Marie Proctor Chandler of 3655 Ventnor Road, SE (Tax Map No. 4390812) has requested that the City adjust the boundary line between her property and the City's property. There is a creek approximately ten feet from the property line that serves as the natural boundary. Adjusting the boundary line to the center of the creek would relieve the City of the obligation to maintain this strip which is very difficult to access. The City's property behind this parcel is of no benefit to the City and may be declared surplus and conveyed to the adjacent property owner for no consideration, retaining appropriate easements or rights- of-way. Conveyance of the property will return the property to the tax base. In order to claim the property, the adjacent owner will need to have a survey plat and deed prepared for approval and execution by the City. Recommended Action(s): Following a public hearing on the disposition of surplus property, authorize the City Manager to execute the appropriate documents to convey the property to the adjacent property owner, such documents to be approved as to form by the City Attorney. Grantee will be responsible for all title work, surveying, plat preparation, and preparation of legal documents. ' Darlene L. Bur~_~am City Manager 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 July 16, 2001 Page 2 DLB:sf Attachments C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator CM01- 00131 ' I I Attachment #1 .,7 PROPERTY TO BE CONVEYED TO ADJOINING OWNER SHALL BE DEFINED BY EXTENDING EXISTING PROPERTY LINES TO THE CENTER OF THE CREEK The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roano~ke i'Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01707495 C Chandler 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, Virginia. Sworn and subscribed before me this of JulyS001. Witness my hand and official s e a 1. __~___~~~~__ , Notary My commission expires~-- Commonwealth/State of day Public PUBLISHED ON: 07/08 TOTAL COST: 138.06 FILED ON: 07/13/01 .................................................. Official Tax No. 4390812, being a porUon of Ofll~aJ T~ No. 4390619, to Che~ Made Proctor Chandler, of 3655 Ventnor Road, upon ce~toin terms and condiUons. Pumuant to the requirements be held o. Monde', July 16~ 2001, commencing at 7:00 p.m., in the Council Chambers, 4~ Floor, Neel C. Taylor Munic- ipal BuiMin~ 2~5 Churoh Ave- nue, S.W., Roanoke, Virginia. Further Infonltatk~n is*available (540) 853-2541. Citizens shall have the opporm- If you m"~ e pm~o~ with a dis- oofltact tbe Oity C~e~'s Chloe (8S3-2S41), before 12:D0 Chy eisa. (1707495) Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey approximately 1,000 square feet, more or less, of City-owned property located in Garden City Park, described as a strip of land approximately 100' x 10' between the creek and the rear property line of Official Tax No. 4390812, being a portion of Official Tax No. 4390619, to Cheryl Marie Proctor Chandler, of 3655 Ventnor Road, upon certain terms and conditions. Pursuant to the requirements of §15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, July 16, 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. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity 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 (853-2541), before 12:00 noon on Thursday, July 12, 2001. GIVEN under my hand this 29thday of June ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, July 8, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building H:~.MISC~GARDENCITY-AD.DOC Not adopted. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE authorizing the fee simple conveyance to the adjacent property owner ("Petitioner") of surplus City-owned property identified as a portion of Official Tax Map No. 4390619, located in Garden City Park, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on July 16, 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 conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute a deed and take any necessary action to convey City-owned property, identified as a portion of Official Tax Map No. 4390169 to the Petitioner, upon the terms and conditions set forth in the letter of the City Manager to this Council dated July 16, 2001. All documents necessary for this conveyance shall be upon form approved by the City Attorney. 2. The Petitioner 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 such plat adjusting the boundary line between the City and the adjacent property owner, and retaining appropriate easements or rights-of-way, 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 demised area. 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. N:\CADC\Measures\O-SP-GardenCity (4390812) (7-16-01 ) Lost on a 3-1-1 vote of Council. A.4. Office of the City Manager July 16, 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: Bond Issuance under the Public Finance Act Background: On June 18, 2001 City Council endorsed and concurred in the recommendations contained in the update to the Capital Improvement Program (ClP) for Fiscal Years 2002-2006, which included a list of new capital improvement projects and funding scenarios. Consistent with the recommendations in the ClP update, the following capital projects contained in the updated plan need to be funded by the next issuance of bonds pursuant to the Public Finance Act of 1991 (Code of Virginia): Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Program Schools Stadium/Amphitheater 5,445,O0O 5,000,000 4,600,000 16,200,000 Total $ 31,245,000 Detailed descriptions of each capital project can be found in the City of Roanoke's Capital Improvement Program Update for Fiscal Year 2002-2006. 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 July 16, 2001 Page 2 Recommended Action: City Council adopt the accompanying resolution authorizing the issuance of $31,245,000 general obligation bonds pursuant to the Public Finance Act of 1991 (Code of Virginia). Respectfully submitted, City Manager Respectfully submitted, Director of Finance DLB:afs Mary F. Parker, City Clerk William M. Hackworth, City Attorney Barry L. Key, Director of Management and Budget #CM01-00136 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke' Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01703543 Pub. Imp. Bond 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 _~_4.~ day of July 20pl. Witness my hand and official , otary Public My commission expires __~~_~/~_~C~ PUBLISHED ON: 07/02 07/09 I~, July 16, 2001, at 7:00 P.M., local time, in the Taylor Muni~l~d Suiklln~ 215 ~1 ~ a ~ a~ ~ ~ C~ ~ ~ a ~tion public improvement ~ ~ ~ ~ (a~ in a~- ~eneral obligation public ~ ~ ~ C~) In ~ ~ P~ ~ ~n~ ~ ~n, ~, ~. va~oul public impr~ement ~ ~ a~ ~ ~e C~ for the purposes and in the than ~e entire respective ~a~aw~ reeokWMi il on file in the ofllce of t~ city ~ Building. Room 456, 215 C~rm St~ S.W., Romx)ke, vk'81nll 24O11 If you am a i~mon with a dis- amity w~e need~ accommeda- (853-2542), b~fore 22:00 no~ m Thumday, July 22, (17O3543) TOTAL COST: 354.22 FILED ON: 07/13/01 Author ' ~ ~ Signat~ _~_~~__?__(//_~_~_./.~/{ , Billing Services Representative NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, July 16, 2001, at 7:00 P.M., local time, in the Council Chamber, the Noel C. Taylor Municipal Building, 215 Church Street, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution 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 $31,245,000 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 for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Schools Stadium/amphitheatre Amount $ 5,445,000 5,000,000 4,600,000 16,200,000 $31,245,000 The members of the public are invited to attend the public hearing and to appear and present their views on the proposed resolution. The full text of the proposed resolution is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Street, S.W., Roanoke, Virginia 24011. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, July 12, 2001. GIVEN under my hand this 26thday of June ,2001. Mary F. Parker, City Clerk. 371106.1 022815 NTC NOTE TO PUBLISHER: PLEASE PUBLISH ON MONDAY JULY 2, 2001, AND AGAIN ON MONDAY, JULY 9, 2001. - Send Bill and Publisher's Affidavit to: Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 371106.1 022815 NTC Not adopted. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA A RESOLUTION AUTHORIZING THE ISSUANCE OF THIRTY- ONE MILLION TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($31,245,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, 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 SUCH CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $31,245,000 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, 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 and to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 371139.1 022815 RES -2- SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), 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 set forth in Section 7, the City is authorized to contract a debt and to issue Thirty-One Million Two Hundred Forty-Five Thousand Dollars ($31,245,000) principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section l(a)); 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, as shall be approved by subsequent resolution of this Council. 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) The Bonds (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 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 such 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, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (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 371139.1 022815 RES -3- 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. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. 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, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of 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 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer 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. (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 signatory 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 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. In the event the Bonds of any series shall be dated as of a date other 371139.1 022815 RES -4- 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 this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (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 4. (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 or 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 attorney, 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 4 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 to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. 371139.1 022815 RES -5- (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, 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 the 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 5. (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 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 true 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. 371139.1 022815 RES -6- SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income ][axation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 7. The proceeds of the sale of the Bonds shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Schools S tadium/Amphitheatre Amount $ 5,445,000 5,000,000 4,600,000 16,200,000 $31,245,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by 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, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. (b) T2ne Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds 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 ins-.ertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Ma or. base i ' · . . . . Y · d on the advice of the C ty s financial advmors and legal counsel 0ncludmg 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 is "deemed final" for purposes of Rule 15c2-12 371139.1 022815 RES 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 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)(5) 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 and 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, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO.: 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 371139.1 022815 RES -8- 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 Stun 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 an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued 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, 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 issue 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 thereofi 371139.1 022815 RES -9- Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) __, to __, to __, __ and thereafter 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. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue 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 issue, 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, issue, 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, there shall be assessed, levied and collected, 371139.1 022815 RES -10- 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. 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 its City Clerk; and this Bond to be dated as of the day of ,200 . [SEAL] CITY OF ROANOKE, VIRGINIA Attest: Mayor City Clerk City Treasurer CERTIFICATE OF AUTHENTICATION proceedings. This Bond is one of the Bonds delivered pursuant to the within-mentioned [ ], as Registrar By: Authorized Signatory Date of Authentication: 371139.1 022815 RES -11- ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (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 fi:ont of this Bond in every particular, without alteration or enlargement or any change whatsoever. SECTION 10. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code 371139.1 022815 RES - 12- of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true 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. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. 371139.1 022815 RES CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #166-501 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35482-071601 authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of certain City- owned parcels located at or near 111 Franklin Road, S. W., and at the intersection of Franklin Road and Jefferson Street, bearing Official Tax No. 4016001 (Key Plaza) and Official Tax No. 4016003, for the sum of $100.00, 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, July 16, 2001, and will be in full force and effect ten days following the date of adoption. Sincerely, Mary F. ', CMC City Clerk MFP:mh Attachment pc~ Wayne S. Dishman, Corporate Real Estate Manager, Trigon Blue Cross Blue Shield, 2015 Staples Mill Road, P. O. Box 27401, Richmond, Virginia 23279 James D. Grisso, Director of Finance Elizabeth A. Neu, Director of Economic Development HSAgenda.01XJuly 16, 2001 correspondenc.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 200i. No. 35482-071601. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of certain City-owned parcels located at or near 111 Franklin Road, S. W., and at the intersection of Franklin Road and Jefferson Street, bearing Official Tax No. 4016001 (Key Plaza) and Official Tax No. 4016003, upon certain terms and conditions, and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager, or her designee, and the City Clerk, are authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the sale of City-owned property located at or near 111 Franklin Road, S. W., and at the intersection of Franklin Road and Jefferson Street, known as Official Tax No. 4016001 (Key Plaza), and Official Tax No. 4016003, to Trigon Insurance Company, for the sum of $100.00, upon the terms and conditions more particularly set forth in the City Manager's letter and attachments to this Council, dated July 16, 2001. 3. ordinance by title is hereby dispensed with. All documents shall be in form approved by the City Attorney. Pursuant to the provisions of §12 of the City Charter, the second reading of this ATTEST: H:/M~ASUP. ES/o-k~-pla~otrigon City Clerk. A,5, Office of the City Manager July 16, 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: Sale of Key Plaza to Trigon Insurance Company Dear Mayor Smith and Members of City Council: Trigon Insurance Company (Trigon), successor in interest to Blue Cross of Southwest Virginia and Blue Shield of Southwest Virginia, is the owner of a multi-story office building on tax parcel number 4016002 at the corner of Franklin Road and Jefferson Street in downtown Roanoke. Adjacent parcels to the building, parcel numbers 4016001 (Key Plaza) and 4016003, are both owned by the City of Roanoke. The City is solely responsible for maintenance and upkeep of these areas and solely responsible for the repairs to the Plaza. Trigon has offered to purchase Key Plaza and parcel ~f-4016003 for the purchase price of $100, thereby relieving the City of the continuing obligations to maintain both parcels. Proper maintenance of the two parcels would be insured and they would both become subject to normal and customary real estate taxation by the City. Additionally, Trigon has agreed that the Special Warranty Deed conveying the parcels to Trigon shall require that, unless the City agrees, Trigon and its successors shall continue to use and maintain the parcels as a plaza or open area. r~oom 364 Municipal South 215 Church Avenue, S.W. I~oanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-] 138 CityWeb :www. ci.roanoke.va,us Honorable Mayor and Members of Council July 16, 2001 Page 2 Recommended Action: Authorize City Manager to execute a deed and any other appropriate documents approved as to form by the City Attorney, necessary to transfer tax parcel numbers 4016001 and 4016003 to Trigon Insurance Company. Respectfully submitted, City Manager DLB/sem Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Elizabeth Neu, Director of Economic Development #CM01-00141 [30019 Darlene L. Burcham, City Manager City of Roanoke Office of the City Manager 464 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011-1595 TRIGON March 14, 2001 Roanoke Cit? Office of Econo,mir; ri, c.i gment Proposal for Acquisition of Key Plaza and Adjacent Parcel Dear Ms. Burcham: As you know, Trigon Insurance Company ("Trigon"), successor in interest to Blue Cross of Southwest Virginia and Blue Shield of Southwest Virginia, is the owner of a multi-story office building located in the City of Roanoke (the "City") and more commonly known as 111 Franklin Road (the "Existing Property"). The Existing Property is bounded by three parcels of land owned by the City (Tax Parcel #4016001 (Key Plaza), Tax Parcel #4016003, and Tax Parcel #4016004). Tax Parcel #4016004 is currently being used by the City as a public park. The Key Plaza parcel is located at the front of the main entrance to the Existing Property, and Tax Parcel #4016003 is located adjacent to the Existing Property along Franklin Road. The Key Plaza parcel is currently in dire need of a complete overhaul. Since both the Key Plaza parcel and Tax Parcel ~t4016003 are currently owned by the City, the City is solely responsible for maintenance and upkeep of these areas and would be solely responsible for any required overhaul of the Key Plaza parcel. Inasmuch as the Key Plaza parcel and Tax Parcel g4016003 are located adjacent to the Existing Property, Trigon would like to purchase both parcels from the City. By allowing Trigon to purchase the parcels, the City would be relieved from its continuing obligations to maintain both parcels, proper maintenance of both parcels would be insured and both parcels would become subject to normal and customary real estate taxation by the City. The terms upon which Trigon are willing to purchase the Key Plea parcel and Tax Parcel #4016003 are as follows: Purchase Price: Title: The purchase price shall be $100.00, payable in cash at closing. Title to both parcels shall be conveyed by the City by Special Warranty Deed, free and clear of all monetary liens and encumbrances, except those approved in writing by Trigon. Closing: Closing shall occur thirty (30) days after the expiration of the Feasibility Period. USA 00000 Trigon Blue Cross Blue Shield · 2015 Staples Mill Road · Post Office Box 27401 · Richmond, Virginia 23279 · 804-354-7000 Tngon Blue Cross Blue Shield is the trade name of Tdgon Insurance Company · An Independent Licensee el the Blue Cross and Blue Shield Association Feasibility: For a period of sixty (60) days following the approval of the sale of both parcels by the City Council (the "Feasibility Period"), Trigon shall have the right to conduct any and all staclies, tests and investigations it may desire of both parcels. If the results of any studies, tests or investigations are unacceptable to Trigon, in their sole and absolute discretion, they may notify the City of their desire not to purchase the parcels. Use: The Special Warranty Deed conveying the parcels to Trigon shall require that, unless the City otherwise agrees, Trigon and its successors and assigns shall continue to use and maintain the parcels as a plaza or open area. Costs: The City shall pay for the costs of preparing the Deed, the costs associated with releasing any monetary liens and its own attorneys' fees. Trigon shall pay for the costs of recording the Deed, the costs for its title insurance and title examination, the costs associated with any studies, tests or investigations performed during the Feasibility Period and its own attorneys' fees. If the City is willing to accept this offer to purchase the Key Plaza parcel and Tax Parcel //4016003, please let me know. Very truly yours, Wayne S. Dishman Corporate Real Estate Manager CC: William M. Hackworth, Esq. Edmund S. Pittman, Esq. The Roanoke Times Roanoke Virginia Affidavit of Publication~ The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01707462 Key Plaza 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 __l~~ day of Jul~001. Witness my hand and official seal-_f~_C~_~__~k~-- , Notary Public My commission expires _~_6~_~1_~/. ~_~. PUBLISHED ON: 07/08 TOTAL COST: 124.02 FILED ON: 07/13/01 Key Plaza, and 40:L6003, Ioc~tsd on Ft'anlUIn Road, In mam.m.~ to the reclulrements Code ~ V',q~m (:~S50), a~ amended, notice Is hereby the City'of Roimoke MIl hold a 200'1, oommeitd~ at 7.'00 p.m., In the Coundl Chamber&, 4Ul Flo(x, Noel C. Ta3~or Avenue, S.W., Roanoke, Vk~ln- la. Further I~ Is avail- of Roanoke at (540) 853-27~5. If you are a pm,~m w~ a dis- (853-254't) be,fore :l.2:00 noon day of June, 200~.. i~1~ F. Pmtm~, (~.707462) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey to Trigon Insurance Company City owned property identified by Official Tax Map Nos. 4016001, also known as Key Plaza, and 4016003, located on Franklin Road, in the City of Roanoke. Pursuant to the requirements of §§ 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, July 16, 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. Further information is available from the Office of Economic Development for the City of Roanoke at (540) 853- 2715. Citizens shall have the opportunity to be heard and express their opinions on such matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office (853-2541) before 12:00 noon on Thursday, July 12, 2001. GIVEN under my hand this 26thday of June ,2001 Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, July 9, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:'xAMIS C~ph-k~jplaza.~le~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk July 18, 2001 File #5-66-79-121-133-144-184-514 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, July 16, 2001, the following persons addressed Council: Mr. Woodrow Hickman, 1010 Norfolk Avenue, S. W., expressed opposition to curbside refuse collection. Jeff Artis, Chair, Roanoke Southern Christian Leadership Conference, advised that in view of two reported cases of alleged police brutality and other information compiled by the SCLC over the past several years concerning Roanoke's law enforcement personnel, the SCLC will formally request the U. S. Department of Justice to investigate all Roanoke City law enforcement agencies, including the Police Department, Sheriff's Department and Commonwealth Attorney's Office. Preston Moore, Ombudsman for the Commonwealth of Virginia for Women, Minorities, Children and the Disabled, as appointed by SCLC President, Herbert Coulton, spoke in support of the remarks of Mr. Artis, and suggested that a Member of Council convene a meeting of appropriate persons to investigate activities of Roanoke's law enforcement agencies. H:~genda.01XJuly 16, 2001 correspondenc.wpd Darlene L. Burcham July 18, 2001 Page 2 Mr. Robert Gravely, 617 Hanover Avenue, N .W., addressed Council with regard to City issues of concern, specifically, insufficient wages for the City work force and the high real estate tax rate in the City of Roanoke which makes it difficult for the average worker to purchase a home. Mr. George Gunther, P. O. Box 12353, expressed concern in regard to alley closings in the City which will eliminate rear access to private residences by emergency vehicles. Instead of closing the alleys, he suggested that alleys be widened to allow for improved access and cleared of debris to eliminate health and safety hazards. 'Sincerely, Mary F. Parker, CMC City Clerk MFP:mh pc: The Honorable George M. McMillian, Sheriff The Honorable Donald S. Caldwell, Commonwealth's Attorney George C. Snead, Jr., Assistant City Manager for Operations Rolanda A. Johnson, Assistant City Manager for Community Development Robert K. Bengtson, Director, Public Works Frank Decker, Superintendent, Solid Waste Management A. L. Gaskins, Chief of Police H:~S~genda.01XJuly 16, 2001 correspondenc.wpd ROANOKE CITY CO UNCIL WORK SESSION JUL Y 30, 2001 12:15 P. M. EMERGENCY OPERA TIONS CENTER CONFERENCE ROOM AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. e Reports by Council Members in connection with their respective liaison roles to various authorities, boards, commissions and committees. 3. City Manager Briefings: Fire-EMS Department Strategic Business Plan Vision 2001 Comprehensive Plan Human Services building proposal Changes to Parks and Recreation rental fees Request of the City Manager for a Closed Meeting to discuss disposition of real property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. 5. Other Business: 6. Certification of Closed Session. 2 · · 18,318 18,464 18,636 17,594 Fire Call Demand ~----] 2- 59 60- 167 168 - 406 Time Period: Year 2000 Data Source: 9-1-1 Center Time Period: Jan, 2000 thru June, 2001 Working fire Fire Call Demand ~-~ 2- 59 60- 167 168 - 406 Data Source: 9-1-1 Center Total Working Fires for Period: 155 EMS Call Demand 10- 173 174 - 381 382- 9~2 Time Period: Year 2000 Definition: Heart Attacks Seizures Car Accidents Assaults Strokes Breathing Problems Diabetic Emergencies Construction/Industrial · Accidents · Other Medical Emergencies Proposed location area for new Fire- EMS Station Fire Call Demand ~2-59 ~ 60- 167 ~ 168- 406 1 of Time Period: Year 2000 Data Source: 9-1-1 Center Proposed Location Area for New Fire-EMS Station 3 Fire Call Demand ~-----] 2 - 59 ~ 60- 167 · ~ 168- 406 Time Period: Year 2000 Data Source: 9-1-1 Center cation of 3 New Airport Station Located on AOA Proposed Location Area for New Fire-EMS Fire Demand ~2-59 ~ 60- 167 · ~ 168- 406 Time Period: Year 2000 Data Source: 9-1-1 Center Location of 5 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us July 2, 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: Vision 2001 Plan As a follow up to our discussion on June 18, 2001 on the Comprehensive Plan, I would like very much to talk personally with each of you to receive your comments and feedback on the Plan. I will be calling each of you the second week of July to talk with you. In addition, I am working with the City Manager and the City Clerk to arrange an additional work session with City Council on July 30, 2001. At present, the Plan has been made available to the public, neighborhood leaders, and other regional planners for comment. The Planning Commission will have a public comment and work session on the Plan on July 19, 2001. Following that session, the Commission is expected to schedule a formal public hearing on August 16, 2001, which could be followed by a public hearing by Council on August 20, 2001. I look forward to working further with each of you on this very important project. Your comments prior to the Planning Commission meeting on July 19, 2001, would be very helpful. In the interim, please feel free to contact me at 853-2346 if you have any immediate questions. Respe_ctfully submitted, Evelyn S. Lander, AICP, Director Planning Building and Development C; Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development Mary F. Parker, City Clerk [ma VISION 2 001 ~e Future/Keep the Soul City July 30, .g PI .EMENT: Housing and ~borhoods · Neighborhoods as Villages · Housing Choice · Affordable Housing · Neighborhood Plans PL"~'~A 4_EMENT: Economic De~velopment · Expanded Economic Base · Redevelopment of Underutilized · Downtown · Village Centers · Regional Economic Development ~HEMES · Regionalism · Partnerships · Economic Development · Environment · Housing Opportunities · Design PL--~'NA ~EMENT: Environm~ · Greenways · Mountain Viewsheds · Trees · Historic Resources · Air and Water Quality .EMENT: ire · Regional Transportation · Multi-modal approach (Pedestrians, Bicycles, Transit) · Airport · Technology Infrastructure P~'~N~ 'Eq_EMENT: Public · Community Policing · Recycling · Code Administration · Multi-Service Facilities PL~A -~-H_EMENT: PI · Quality Education · Excellent Facilities and Programs · Lifelong Learning · Workforce Development · Regional Approaches for Human Services P~"~l~ ~q_EM ENT: City · Design Principles · Collaborative Work Efforts KEY ATIVES · Target Industry Clusters · Technology Infrastructure · Redevelopment Commercial and · Village Centers · Multi-Service Facilities KEY · New Housing Opportunities · Critical Amenities · Marketing and Tourism · Streetscapes · Healthy Community IMPLEtv ON TOOLS · Zoning Ordinance · Integrated Budgets · Regional Cooperation · Public-Private Parmerships 2 RESS ENT · Annual Report Card · Community Indicators · City Department Strategic Business · Continued Citizen Involvement · Ongoing Planning Shining for the Future · Rcgionalism · Partnerships · Economic Development · Environment · Housing Opportunities · Design Topic I Summary of Comment Recommendation Historical Historic clarification needed Staff recommends adding a statement in Information regarding Big Lick and the federally Chapter 2, page 1, that reads as follows: By established post office in 1798. 1798, the thriving community was known as Big Lick and had a federally-established post office. Village Concern expressed regarding the In general, Village centers have received Centers village center identified in the map strong support by the community. However, near the 19th and Andrews Road several citizens have been expressed area. concern regarding a specific village center recommended for the area near 19th Street and Andrews Road (Heritage Acres). Staff recommends deleting the village center recommended on 19th Street and Andrews Road, as shown on the map in Chapter 5. Industry Include tourism as an industry The plan suppOrts four industry clusters Clusters cluster. (bio[echnology, optics, information technology, transportation-related manufacturing) that are currently being promoted by the Roanoke Valley Economic Development Partnership. These clusters were identified in a regional economic study because of their significant total employment in the region, as well as their projected growth in the national economy. Tourism was not identified in the study as an industry cluster, but is strongly supported in the plan. Staff recommends not making tourism an industry cluster. Tree Add statement describing benefits Staff recommends adding the following Canopy of the tree canopy in the City. statement in Chapter 3, page 18, that reads as follows: Maintaining and increasing the City's tree canopy will have a beneficial impact on air quality, storm water control, noise levels, temperature and visual appearance. Regional Make a reference to a recent Staff recommends adding the following Economy economic study about the New statements in Chapter 3, page 21, that read Century region by Dr. Christine as follows: A recent economic study entitled, Chmura. Studies on the Regional Economy and Public Attitudes Toward Growth in Western Virginia, indicated that employment and population growth has grown at a slower pace in the New Century Region than the state and the nation. Increasing the educational attainment levels of the workforce and focusing efforts to attract industries experiencing growth (i.e., technology) were cited in the study as important economic objectives for the region. Topic I Summary of Comment Recommendation Street Design Address traffic calming design in Staff recommends modifying action Guidelines the proposed streetscape manual, statement in Chapter 3, page 40, to read as follows: Adopt standard design principles for streets and develop a manual to guide construction that affects the streetscape and includes attractive designs regarding traffic calming devices. Housing Reference building codes in action Staff recommends modifying action statement (# 18) in Chapter 3, page statement in Chapter 3, page 12, to read as 12, of the Neighborhoods and follows: Revise zoning ordinance and review Housing element, the application of the building codes to permit the development of live/work space. Public Mention Lafayette Boulevard COPE Staff recommends adding a statement in Safety unit. Chapter 3, page 42, to read as follows: The COPE teams work from satellite sites located in target areas presently at Williamson Road and Lafayette Boulevard. Water Modify action statement (#12) in Staff recommends modifying action Quality Chapter 3, page 12, of the statement in Chapter 3, page 12, to read as Environmental Resources element follows: Plant natural vegetation, preferably to include indigenous plant species, indigenous plant species, on land adjacent to the Roanoke River. Housing Modify action statement (#26) in Staff recommends modify action statement Chapter 3, page 13, of the in Chapter 3, page 13, to read as follows: Neighborhoods and Housing Consider demolition of derelict or neglected section, to include clarification structures, outside of historic districts. regarding historic districts. Transitional Reference TRUST and the Staff recommends modifying action Housing Roanoke Valley Interfaith statement in Chapter 3, page 6, to read as Hospitality Network in the follows: Resources for at-risk and the background section of the Housing homeless include RAM house, Samaritan's and Neighborhoods element. Inn, Rescue Mission, TRUST, and the Roanoke Valley Interfaith Hospitality Network. Transitional Concern expressed about the lack Staff recommends not adding a sentence housing of information in the plan regarding regarding group homes. Human services are group homes and other forms of required for the community's vitality. The publically-assisted housing, staff feels that Policy # 8 in Chapter 3, page 11, adequately addresses group homes and other forms of publicly-assisted housing. Editorial Correct grammatical and formatting Staff recommends making necessary changes errors in the plan. changes regarding grammar and formatting. Topic I Summary of Comment I Recommendation Implementation Consider corporate sponsorship as Staff recommends adding a statement in Tools an incentive for neighborhood Chapter 6, page 4, that reads as follows: organizations. Neighborhood organizations should consider seeking corporate sponsorship for support of their projects. Implementation Develop zoning map after adoption Staff recommends adding a statement in Tools of comprehensive plan. Chapter 6, page 4, that reads as follows: A zoning map should be developed that reflects the new zoning code and the recommendations in the plan. Implementation Add statement that recommends a Staff recommends adding a statement in Tools detailed matrix with project Chapter 6, page 5, that reads as follows: A schedule and strategic partners, more detailed matrix should be developed after adopting the plan outlining a project schedule and identifying strategic partners needed to implement the plan. Design Add statement that incorporates Staff recommends adding a statement in mixed use development and live- Chapter 4, page 4, that reads as follows: work space in the commercial Commercial corridors should encourage corridors section of the Design mixed use development and live/work space. element. Design Encourage two-way streets in the Staff recommends adding a statement in downtown area. Chapter 4, page 2, that reads as follows: Encourage two-way streets in the downtown to the maximum extent feasible. Infill Recommend use of the zoning Staff recommends adding a statement in Development code to encourage quality infill Chapter 3, page 13, that reads as follows: development. Revise zoning code to encourage quality infill development that reflects the character of the neighborhood including inflll development standards. Downtown Modify action statement regarding Staff recommends modifying action Living economic incentives and the statement in Chapter 3, page 12, to read as application of the building code in follows: Develop economic incentives and Chapter 3, page 12. review the application of building code regulations in the downtown to encourage residential development. Regional Recommend a regional Staff recommends modifying action Cooperation assessment of parks and statement in Chapter 3, page 19, to read as recreational needs, follows: Conduct an assessment of the parks and the recreational needs of the region and consider the formation of a Regional Park Authority. 3 Topic I Summary of Comment I Recommendation Economic Market Enterprise Zones program Staff recommends modifying action Incentives to existing businesses in Roanoke. statement in Chapter 3, page 29 to read as follows: Promote and market the Enterprise Zones program to existing and prospective businesses. Background Mention the Southern Christian Staff recommends adding the Southern Leadership Conference. Christian Leadership Conference to a statement regarding advocacy organizations in Chapter 2, page 4. Downtown Specify the boundaries of the Staff recommends not specifying the boundaries downtown, boundaries of downtown. The central business district in the downtown has specific boundaries for taxing purposes; however, for planning purposes, the downtown boundaries extend into the surrounding neighborhoods to ensure coordination and mutually supporting efforts. Transportation Add statement expressing Staff recommends not adding a statement opposition to 1-73 due to concerns expressing opposition to 1-73. The plan expressed during some Vision 2001 addresses the impacts of 1-73 and workshops, recommends further study. Environmental Support the development of a Staff recommends adding an action Resources ridgeline protection ordinance, statement in Chapter 3, page 20, that reads as follows: Develop a viewshed protection ordinance and seek regional approaches. Farm land and Develop strategies to protect farm Staff recommends adding an action open space land and open space, statement in Chapter 3, page 20, that reads as follows: Encourage preservation of open space and farm land through appropriate land use programs. Roanoke Encourage development of the Staff recommends adding statement in River Roanoke River Greenway through Chapter 3, page 20, that reads as follows: the entire length of the river. Develop strategies that encourage development of the Roanoke River Greenway for the entire length of the Roanoke River within the city limits. Storm water Consider vegetative buffers and Staff recommends modifying action management bioengineering as tools for statement in Chapter 3, page 20, to read as controlling storm water flow. follows: Protect and stabilize creek banks by controlling storm water flow and preventing discharge through vegetative buffers, bioengineering and other related methods. 4 Topic I Summary of Comment I Recommendation Blue Ridge Develop action statement Staff recommends adding action statement Parkway addressing protection of Blue Ridge in Chapter 3, page 20, that reads as follows: Parkway Protect Blue Ridge Parkway corridors adiacent to city limits through coordination with adjacent localities and careful planning. Brand Identity Link outdoors living with Staff recommends not adding a statement recommendation for developing a because the plan supports using the core brand identity for Roanoke. strengths, such as the quality of life of Roanoke, to develop a brand identity (see Chapter 3 page 27). Roanoke River Develop a river conservation Staff recommends modifying action overlay, statement in Chapter 3, page 20, to read as follows: Protect the shorelines of the Roanoke River to enhance its scenic quality and protect water quality through a river conservation overlay and other appropriate tools. Design Make Design Principles outlined in Staff recommends not adding a statement Principles Chapter 4 mandatory, making the Design Principles mandatory. The principles are intended to be used as guidelines for developers and for city officials evaluating development proposals. Roanoke River More emphasis needed on the Staff recommends adding the following benefits of the Roanoke River. statement in Chapter 3, page 14, that reads as follows: The Roanoke River is an environmental and economic asset that adds to the quality of life in Roanoke and attracts visitors and tourists to the City. Downtown Discourage demolition of downtown Staff recommends adding action statement Living buildings being replaced by surface in Chapter 3, page 28, that reads as follows: parking lots. Revise zoning ordinance to discourage demolition of downtown buildings being replaced by surface parking lots. Housing Modify definition of housing Staff recommends modifying definition of Clusters clusters, housing clusters to read as follows: A housing cluster is a market-rate residential development consisting of mixture of residential uses on a large site, located within or adjacent to existing developments of established neighborhoods. VISION 2 0 01 Future Keep the Soul City Coun July 30, · Thank you for allowing me the oppommity to discuss with you some of the key components of the new City Comprehensive Plan that has been developed over the past year with substantial public involvement. · Public commems on the plan are currently being received and a public work session with the Planning Commission was held on July 19. · To date, the comments received have been favorable. Others have resulted in some changes to our initial recommendations. I have a listing of the comments received to date for your information which I will provide to you at the end of today's brief'rog. · At present, the City Manager has recommended a joint public hearing of Planning Commission and City Council on August 20, 2001 at 7{00 p.m. I understand that the City Clerk and the Secretary to the Planning Commission are moving forward with those plans. · All Council members have received copies of the plan and most 0~you have provided me with your comments. I hope that today will provide y6,u with another opportunity for questions. Also, I would ask that you provide, me with any final commems in the next few days so that we can incorporate them into the plan prior to the public advertisement for public hearing. \ PLAN ES · Regionalism · Partnerships · Economic Development · Environment · Housing Opportunities · Design 07/30/2001 · There are six key themes that are critical to the success of the new Comprehensive Plan. ~,/.Regionalism is key to addressing many of the goals and recommended policies of the plan. Your continued leadership will be needed to move regional items forward and collaborate with other governmental officials · Partnerships are essential to this plan. Government cannot do it alone. Citizens, businesses, and civic organizations must take an active role in helping to achieve the recommendations of the plan. · Economic Development initiatives are fundamental to both the economy and quality of life of our city and the region. Diverse Economic Development is the basis for housing opportunities and a sustainable population. -Protecting and enhancing our environment is critical to maintaining our quality of life and encouraging economic development. v/c~Housing opportunities must be enhanced in the City to provide better housing hoices for a diversity of residents and incomes. V/~'Finally, the design of new buildings, streets, and developments must be of high quality that enhance our community. City government needs to provide leadership in encouraging development that cremes a beautiful and attractive city. 2 Housing and ENT: borhoods · Neighborhoods as Villages · Housing Choice · Affordable Housing · Neighborhood Plans 07/30/2001 · These are some of the key recommendations fi:om the Homing and Neighborhoods section of the plan. 1//,One of the key recommended strategies for moving our city forward is to look at our neighborhoods as villages that are served by small commercial centers. Raleigh Court and South Roanoke neighborhoods have vibrant centers. Henry Street once provided such a center to the Gainsboro neighborhood. The plan identifies several neighborhood centers and recommends appropriate commercial and mixed housing opportunities around these centers. It is important to point out that the creation of these centers may result in the redevelopment of some existing neighborhood areas - some demolition of existing residential buildings may have to be done to provide for new mixed use development. oA strong emphasis is placed on creating new housing opportunities in the City - both in the choice of housing type and in the price ranges. It is important that citizens have choices in housing for all neighborhoods and that neighborhoods provide a range of homes, fi:om affordable to high end. 9/-Neighborhood plans will continue to be done for all city neighborhoods. Approximately 1/3 of the city has been studied and plans developed - some of which will be coming to you in the near future. These plans will complement the Comprehensive Plan and make more detailed recommendations regarding specific strategies and zoning patterns. Environ MENT: · Greenways · Mountain Viewsheds · Trees · Historic Resources · Air and Water Quality 07/30/2001 · The city and the region's environmental resources are very important to our quality of life and our future. · In particular, greenways, viewsheds, and trees were idemified as critical to our future. · In addition, the preservation and enhancement of historic properties is critical to understanding our sense of place and our past history. Already, the City has seen controversy in some of its past policies regarding historic neighborhoods. However, it is important to note that the City Market and our historic neighborhoods have been successful economic investmem tools. · Finally, air and water quality is increasingly more important to our future sustainability. New protection regulations will not be easy to deal with, but are very much needed to have quality air and water now and in the future. 4 PLA Economic ENT: · Expanded Economic Base · Redevelopment of Underutilized Site · Downtown · Village Centers · Regional 07/30/2001 · Economic Development is fundamemal to achieving the goals set forth in the Plan. The plan recommends an expanded economic base that targets various ,/industry clusters. · It is important that we continue to diversify our economic base and consider v/new areas for redevelopment. · Downtown continues to be key to our economic well-being. Downtown housing is recommended for expansion, as well as better utilization of second and third floor spaces. · Village cemers are keys to our residential neighborhoods. These recommended commercial and mixed use areas will provide unique environments and services to residents, thereby competing well with surrounding suburb development that relies on the automobile. · Regional economic development and approaches continue to be recommended. PLA EMENT: I · Regional Transportation Planning · Multi-modal Systems (Pedestrians, Bicycles, Transit) · Airport · Technology Infrastructure 07/30/2001 · Transportation systems do not stop at jurisdictional lines. Regional planning v/ for transportation systems is important to ensuring quality development that enhances existing built communities. · The development of multi-modal transportation systems for cars, pedestrians, bicycles, and transit is strongly recommended in the plan. Our city should not ~" be dependent on cars for transportation. We should encourage sidewalks, greenways, and bicycle facilities as well as considering transit alternatives in the future. · Our regional airport is important to Economic Development and to the residents of our region. Special attention is needed to ensure quality facilities and operations that adequately serve its users. · If we are to attract new technology and businesses that use the technology, we must provide the infrastructure to service those users. Our continued leadership is needed to work with private businesses to provide services and promote them as available. 6 PLA Public ENT: · Community Policing · Recycling · Code Administration · Multi-service Facilities 07/30/2001 · Community policing as a philosophy for providing public safety continues to be emphasized in making our community safe. · Recycling also was identified as very important to a sustainable community. Our programs will need your continued leadership to emphasize recycling as important. · Code administration for building, zoning, development, and nuisance regulations should continue to be improved to meet the needs of Roanoke's citizens and businesses. Carefl~l balancing of interests is important to the success of any new regulations that may be proposed. · Two multi-service facilities (or centers) are recommended as pilot projects to better serve citizens where the needs are the greatest. These are not meant to duplicate services provided by city hall, but to provide better access to citizens where it is needed and to have city staffwork collabomtively in the community to address issues and needs. It is important to note that these are not community centers and will not be in every neighborhood. They could, however, be located in existing public buildings in a neighborhood. 7 PI .EMENT: Peo · Quality Education · Excellent Facilities and Programs · Lifelong Learning · Workforce Development · Regional Approaches for Human Services 07/30/2001 · It is essemial that our school system continue to provide quality education to our youth. · It is also important that the school facilities and programs be outstanding and open to all citizens beyond school hours. · Lifelong learning is essential to our future for both young and old. Our ,/libraries and schools should provide quality programs to enhance cominued education. oWorkforce development - that is education and training - is critical to both economic development initiatives and that of people. *Regional approaches to providing human services should be encouraged and pursued. 8 P City .EMENT: n · Design Principles · Collaborative Work Efforts 07/~)/2001 · The design of new buildings and facilities is critical to creating a beautiful '/ city. · The plan provides recommendations for various areas of the city including ,q~ommercial corridors, streets, and neighborhoods. These principles are not mandatory but should be encouraged. *It is anticipated that the principles would be promoted through collaborative .// work efforts between city staff and private developers. 9 KEY IATIVES · Target Industry Clusters · Technology Infrastructure · Redevelopment Commercial and · Village Centers · Multi-service Facilities 07/30/2001 · Ten initiatives were discussed during the planning process to help make the plan a reality. · These initiatives can be referred to as the "top ten" action items to be pursued by both government and private entities. 10 KEY I · New Housing Opportunities · Critical Amenities · Marketing and Tourism · Streetscapes · Healthy Community 07/30/2001 11 IMPLEMEI ON TOOLS · Zoning Ordinance · Integrated Budgets · Regional Cooperation · Public-Private Partnerships 07/30/2001 · To assist in implememing the plan additional strategies must be undertaken. · A new zoning ordinance should be developed over the next year,. ~-City operating budgets and capital improvement program budget should ,/reflect the Comprehensive Plan and adopted Neighborhood plans. · Regional cooperation is necessary to effectively achieve many of the goals for the future. · Public private partnerships are essemial to the implementation of the plan. ~,ASovernmem cannot do it alone. 12 MEASU RESS ENT · Annual Report Card · Community Indicators · City Department Strategic Business · Continued Citizen Involvement · Ongoing Planning 07/30/2001 · To measure our progress it is recommended that city admini.qtmtion provide Council and citizens with an annual report card on the actions taken or pending. · In addition, it is recommended that community indicators be developed to assist in monitoring our sustainable community. Discussions with Virginia Tech have already begun and the Vital Signs Report f~om the New Century Council would also be of help. · Cominued citizen involvement is important to ensuring that we are doing what we need to do. · Also, on-going planning for the city and our neighborhoods must cominue. 13 Shining ,e Future · Regionalism · Partnerships · Economic Development · Enviroment · Housing Opportunities · Design 0713012001 14 j> [-~ J> ;o ;oz 0 O0 -- ~ z , .C. ~ ~ HUMAN SERVICES ELEVATIONS 0 ~' ~ 0~.-{ r- 7 · <.~ m ~ · · II ~:> {~oc ! z ---, I u)m ! - <7 < · 'Om i ~ · · ~o m ~-~ ~ ~1 I I~ ~") "') 7-- I m H H ! H~ I m =m [] / [] P.C. ~.-..~ 22~ HUMAN SERVICES HEALTH DEPARTMENT ~-~-~~-CHITECTURE'SURVEYING ~ ~.o~'-,,x,, ~ CIVIC MALL ( Conceptual Plan ) ~ ({i40) 345-0~75 102 AI~F3441~ A~t~.. $.E. ~ 07/30/0~ ,,~ ~,,o) -~-~,. ~o~o~ ~ ~,o,, ~. ,/~--,'-o- ROANOKE CITY, VIRGINIA mOO zm ~ ~ e e e ~ e D ~ , 4 n m I ~ O~ Z 0 P.C. ~ ~ HUMAN SERVICES SOCIAL SERVICES t 0 0 0 oo 0 c~ 0 ~ 0 o ~ 0 ~ 0 ~ 0 0.-- C ~ 0 0 Office of the City Manager July 24, 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: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing disposition of real property, pursuant to Section 2.1-344.A.3, Code of Virginia (1950), as amended. Sincerely, City Manager C:~4y Document s~Darlene\Cit y Council 01~closcd mccting.wpd 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